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He was an old experienced King, and to him belonged the Calling, Sitting, and Diffohing of Parliaments • andhe publtcklyfaid (I fpea^tn his oivnphrafe) That he had broke the neck of Three Parhaments , jet at lajl he did comply ivith his lafl Parliament • and faid , He faw he Ihould be in love with Parliaments, having underftood many things by them, which otherwife he fliould never have known. Moreover here You ivillhavein viewafucceeding Prince, ivho alfo hrol^e Three Parliaments, one after another , and Imi? fatal that tvas to him fucceeding times have abundantly declared. T^he Obfervation is not mine, but of much more ancient date,thofe Princes mdI'jo did mof confult ivith their Teople in Parliament, Qthat being the Common Council of the Nation) have mo/l projpercd in their courfes, there being both Safety and Love gained from fuch CounTollors and Councils. And Parliaments in the nature of them, are good Thyfcl^ to cure andredrefs theDij- eafes and T>ijlempers of the Body Politick , yahich mojlly gro)]? and overfloyp in the Intervals of them ^ yet many thinh^ Parliaments are hut an ill conftant T>yet , ivhich certainly moved Queen Elizabeth, of famous Memory , who was well acquainted with the Conllitution of the ^ody of chi^ Nation, to call Parliaments frequently , but to continue none very long, ^y this means JJje wrought her f elf into the good opinion of her People, and by becoming the Mijirefs of- their Affections , Jhe alfo became infomefort the Mijirefs of their l?urfcs, which were always opened unto her upon the juft and urgent occafions of the Nati- on ^ but the Help and Aid which comes from the l^eople byjlrains, contrary to the Laws of the Nation, and Liberties AK'-int The Epiftle Dedicatory. A Liberties of the People , being drawn from them through fear y -wants the perfume of a muing Hearty and has no longer continuance then vphtlfl the imfrefsi- on of that fear lap. "But few -words are he/l to Princes • vouch fafe four Highnefs Tar don to him "who thus pre ^ fumes to mal^efo mean an Oblation at fo high an Al- tar ; To«r good Acceptation mil he thegreateji Honor to it J and to Your Highnefs humbleH and mojl Obedient Servant John Rushworth. ^ THE B D ^ XJf^ "^ ■ ■■■■' ¥ H E PR E F A C E. Y Bufinefs in this eiifuing Work, is to render a faithful account of feve> ral Traverfes of State, and of the moft impor- tant Parages in debate , between the refpecl:ive Advocates for Preroga- tive and Liberty : the Difpute was ominous and fatal, as being thelntro- dudion, and that which gave the Alarm to a Ctvtl IFar ^ a War, fierce, unnatural, and full of won- derful coincidences, both intheCaufes and Con- fequences of it, Humanum eH humanis "cifihm inge- d; mijcere. Therefore if I ftudied to pleafe my felf, and gratifie the inclination of my own temper and affection, you might peradventure hear from me, of the Courage, Exploits, and Succefs ot my) Countrey-men in Forein Expeditions, but not. of their Animofities in Domeftick Encounters : Yet certainly of fome ufe it may be to us, and of con- cernment alfo to thofe that may come after us, In^ fandum renovare dolor em^ to confider indifferently how we came to fall out among our felves, and fo to learn the true caufes, the rifes and growths of our late Miferies, the Arange Alterations and Revo- lutions • with the CharaBers of divers eminent Per- fons, the Mutability of Councils^ the Remarkable- nefs THE T%EFACE, nefs of JBions ^ the Subtilty of pretentions, the Drifts of Tnterejls^ the Secrets of State^ and (which are the words of an Ad: of Tarliamcnt ) the de- portment of a Prince;> wifely difsimulating mth hvs Teofle. From fuch premifles, the bed Dedudtion which can be made, is, to look up to, and acknow- ledge God^ who onely is unchangeable, and to admire his Wifdom and Providence even in Hu- mane Mifcarriages : For Empires^ and Kingdom s^ and Commonvpealths every where in the World have their Periods , but the Hifiories thereof remain and live, for the Inftrudion of Men, and Glory of Gad. I finde an Exprefsion in Sir JValter ^leighs Preface to his Hifiory of the JVorld^ which feems to fuit well with thefe CoUeBwns. I fhall make fo far bold with that Memorable Perfon, whofe death bears a fad part in this Story, as to borrow his own words. It is not the leaf debt (faith he) which we ow unto History , that it hath made us acquainted with our dead Anceflors , and delivered m their Aiemory and Fame : "Befdes^ we gather out of it a Tolicj no lefs^ wife then Eternal^ by the Comparifon and Jpi?Jication of other Mens fore^paffed MtJ^ries, with our own^ li/{e Errors and ill-dejervtngs • hut it is neither of Examples the mof lively InfruHions, nor the JVords of the wifeU Men^ nor the Terror of future Tor^ ments, that hath jet fo wrought in our blinde andjlu^ fifed Mindcs, as to make us remember , That the infinite Eye andJVifdom of God doth fo fierce through all our fretcnces, astoma^e us remember. That the fuflice of God doth require no other accufer then our own Confciences. A?id B D THE T%EFACE. B And though it hath f leafed (jodto referve the art of reading mens thoughts to himfelf-^ yet as the Fruit tells the name of the Tree^ fo do the out)y^ard J^or/^ of men, fo far as their Cogitations are ailed, give us ivhercof to ghefs at the refl : .?v(^ man can long con- tinue mafqued in a counterfeit behaviour • The things that are forced for pretences, having no ground of truth cannot long dijfemhle their ovpn natures. And although 'l^ligion (^ faith he} and the truth thereof be in every mans mouthy what is it other then an umverfal difsimulation { Wefrofefs that ive l^now Gody hut by vpork^ we deny him : Beatitudo noii eft D divinorum cognitio, fed vita diviiia. There is no^ thing more to be admired, nothing more to be lamented ^ then the private contention, the pafsionate difpute, the perfonal hatred, (^c. about %eligion amongfh Chrifli^ ans, infomuch as it hath well near driven thepraBice thereof out of the world : So that we are in cjfeB (faith he ) become Comedians in ^^ligion • For, Chm'ity, Juftice, ^^^ Truth, have but their being in Terms amongsl us. In the clofe of his Preface, he advifeth the Reader to take heed how he follows Truth too clofe at the heels, led it ftrike out his teeth. I hope this Story begins with a diftance of time, not fo far off, as the footftcps of Truth are wo me out^- nor yet fo near, as the heels of it need to be feared. But this I am fure. That had I not gone fo far back as I do, 1 had not reached the Fundamentals to the Hiflory of thefe Timef. It hath been obferved by fome, That moft Hiftorians fpeak too much, and j fay too little : I doubt others will think, 1 ipeak too Uttle;,and Jay too much. So it will be difficult to pleafe all. ' h I THE T%EFACE. I know very well, the ColleBions which I publifh will receive no advantage nor commendation from the ColleUor : And that it may likewife receive no prejudice, I am as ready to confefs, as any man in the world is to objedt, my wants and inabilities ; which indeed to men of fober difcourfc;, may render me unfit to be entertained in the Council, but not unqualified to be impanelled of the Jury : For I began early to take in CharaBers^ Speeches and Paf- fages at Conferences in Parliament, and from the Kings own mouth , when he fpake to both the Houfes; and have been upon the Stage continually, and an Eye and Ear-witneis of the greateft Tranf- acT:ions • imployed as an Agent in , and intruded with Affairs of weightiefl: concernment • Privy alfo both to the Debates in Parliament,and to the moft fecret Refults of Councils of War, in times of Acftion. Which I mention without oftentation; only to qualifie me to report to Pofterity, what will rather be their wonder at firft, then their belief: It is pity they fliould altogether be deprived of the Advantages which they may reap from our Mif- fortunes. Hereafter they will hear, that every man almofl: m this Generation durft %hc for what either was, or pretended, to Ue Trvitll I They fhould alfo know that fome durft write the Truth ^ whilft other mens Fancies were more bufie then their hands, forging Relations, building and battering Caftles in the Air ; publiiliing Speeches as fpoken in Par- liament, which were never fpoken there • printing Declarations, which were never paffed • relating Battels Vv^iich were never fought, and Vidtories whi^h were never obtained • difperfing Letters , which were never writ by the Authors ^ together with B D THE T%EFACE. | B D with many fuch Contrivances, to abet a Paity or Interell. Tudet hac opfrohria. Such prad:ices, and the experience I had thereof, and the impofsibility for any man in After-ages to ground a true Hill:ory, by relying on the printed Pamphlets m our days, which palTed the Prefs whilll: it was without control, obliged me to all the pains and charge I have been at for many years together, to make a Great CoL leBion- and whilll: things were freili in memory, to feparate Truth from Falfhood, things real from things fictitious or imaginary. Whereof I fliall not at all repent , if I may but prove an ordi- nary Inftrument to undeceive thofe that come after us. If you demand why my ColleBions commence fo early, and dart at fuch a diftance of time fo remote, I muft anfwer. That it was at firil in mypurpofe to begin with the Parliament which met J\(ov. 3. 16^0. But after I had perufed, ordered, and com- pared my Printed and Manufcript-Relations of the Firft Year of that Parliament, I found they pointed at, and were bottomed upon fome Adions of the late King,in diflolving four preceding Parliaments : And thereupon, the zeal I had to clear the truth of the Differences between the King and Parliament, forced me to a longer Adventure • efpecially feeing the Effay had been very imperfed:, and but a meer fragment, if I had only writ the Death, and not the Life of a Prince, who, in the firft Speech that ever he made in his firftParliament,did refled upon fome pailages in a former Parliament, that advifed his Father to break off the two Treaties with Spain , touching a Marriage, and Reftitution of the l^ala^ tinate ; and fo engaged the Father in a War, which i b z the THE T%EFACE, the Soil was by him left to profecute. And this Confideration put me upon a further enquuy con-* cerning the aforefaid Treaties , the caufes and grounds of the War in the Palatinate, and how far the fame concerned England, and theoppreiTed Proteitants in Germany : And finding thole pro- ceedings to have their rife in the Year i<5i8. (in which Year the ^laj^ingStar appeared) I refolved that very Inllrant fhould be the JA(V phj ultra of my Retro fpecT:. I allow and accept it as a good Memento, which I meet with in a late Author • That mojl Writers now ad ays appear in T^ublique, not crool^hacl^d, ( as It is reported of the^ni^x) hut crook^jided^vparped, and ho'wed to the right , or to the left. For I have heartily lludied to declare my felt unbialled, and to give an inllance, That it is pofsible for an Inge-. nuousmaiitobe oi.^ Tarty, and yet not partial. If any one engaged on\ht.K^ngs fide, come fonli in Print with the like moderation, fairnefs and iii- ditferencie, without heat and perfonai i efledlions, our Pofterity may be confident of a full diicovery of Truth, which is every honefl: mans defire and expectation. And bcfides, the Vcrcues and Rea- fons of men concerned, maylhine and give fatiC faction even to thofe who are not of the fame judg^ ment. I preteiidonely in this Work to a bare Nar- rative of matter of Fadt, di^refted in order of time.-, not interpoHng my own Opinion, or interpretation of Actions. :1 infuie neither vinegar nor gall iiuo my Ink : If I mention a Cliarge or Impeachment,' it relates alfo to the Defence that was made by the Accufed. And though in tliefe latter times. Titles Names, B D E THE T%EFACE. B D Names and Dignities are altered, yet I ufe the Lan- guage of that Time of which I write, fpeaJdng as the then Parhaments fpake, and not robbing any man of the Honor or Epithite which they tlien pleafed to 2^iyQ him. If 1 fpeak of any tranfadlions which I my felf did not fee or hear, 1 do fo with all the caution imaginable, having firft confulted Re^ cords, conferred with Pcrfons of unqueftionable efteem, interelTed in the very aclions, or perufed their known hand-writings of thofe times • and where I make mention of any Letters or Palfages fcattered in print, I fiiil: wejl weighed the fame,and outof whofe Clofets they came^ and found many of them concredited before I inferted them. And laftly, where I doubted,! perfected niy Intel- ligence by Forein correfpondencies, fetching my fatisfacT:ion m divers particulars, out of Germany ^ Spain, 3.nd Italy. Here you will have an intermixture of Secrets of State ufeful for Statesrmen, and pf matters of Law, which may be of fome ufe,not only to the Profellors of it, but to every Engliflimat) • for though few profefs the Law, yet all live by it ^ for it hedges in, and upholds the Rights, Liberties, and Properties ; The matters of Law arc not all Lovm^k:! up m one bundle, but you will finde them difperfed in inter- locutory Speeches and Difcourfes • fome of them in HiAorical Narrations ^ and laftly, in Polemical Debates and Arguments, taken by a Gentleman, then a young Student of the Law, which you will finde in an Appendix placed at the end of the Book • and I hope ;the Reader will not think his minutes ill beftowed in reading of them though out of place. A THE T%EFACE. A great nait of the Work is filled up with re- markable Tranfadions in Parliament, and the Courfe and Proceedings thereof, wherein you will finde,' not onely great wit and wifdom, but choice Eloquence, and excellent Orators, T>iggs, Went- 'worth, Thillifs, Elliot:, (jlanvile, and others not much inferior to the Roman T)emagogue, 1 durft not prefume to contracl them to an Epitomie or Abridgement, left by elTaying that, I might trefpafs too much upon the Soil of otlier niens Inventions and Judgements, or prejudice Truth, or the Per- fons, whofe natural Off-fprings they are. Here you have Debates, Siftings, and Confultations of each Houfe apart ^ and alio by Conferences each with other (^Altcrtmfic Altera fofcit of em Domus (jr confultat amice) and Refolutions of Parliaments, and fome Laws which were the ultimate produdti- ons of thefe Councels and Debates. I have but a word to fay to my good and wor- thy Friends of the Army, and it muft be by way of Apology, that this Treatife contains not what may be expected by them from me, the Relation of the Motions, Actions , and Atchievements of the Army, which I acknowledge was the firft thing in my ilivjui^lits and intentions : But upon further confideration I thought it neceftary to look fomewhat backwards, that we may the better underftand thsCaufes and Grounds which brought the late War upon us, before we fet forth the Actions of the War. In the former we may fee the vigilancy and care of our Anceftors tofecure and uphold our Liberties and Properties, and to tranfmit the fame,in as much purity as might be, to their Pofterity,in the latter, which are the Actions of the B C I D THE T%EFACE. B D the War, you (hall fee their Courage and Magna- ninlity, fetting a higher value upon the Rights and Liberties of the Nation, then upon their own Lives. Whom therefore, when I come in order of time to.nention, and ihall alfo ha\^e occafion to magnifie fo" their perfeverance in maintaining and defend- irg thofe Laws and Liberties (fo redeemed with tie price of their blood) againft Arbitrary wayes aid courfes ^ how joyfull fhall I be to employ my Jen to Chronicle fuch of their Names to Poilerity, vho juftly merit that Chara<5ler,as worthy of T>ou- He Honor, In the fecond Part of my Collections (which s to follow, according to the entertainment which his findes abroad) I Ihall write with the more con- idence, becaufe I did perfonally attend and ob- erve all Occurrences of moment during the Eleven years Interval of Parliament, in the StarXhamber^ Court of Honor, and ExchequerXh amber ^ when all the Judges of England met there upon extraordina- ry Cafes ^- at the Council Table,when great Caufes w^re heard before the King and Council : And Wien matters were agitated at a greater diftance, I vas there alfo, an^ went on purpofe out of a curio- fty to fee and obferve the paflligev; at the Camp at '^envic/^ at the Fight at J\(evpborn, at the Treaty at %ifon^ at the great Council at %r^, and at the meeting of the Long Parliament. The Obfervati- ons I made during all the faid time, fhall be further known, if 1 be encouraged to proceed, and that this mr Forlorn be not repelled and defeated. Thus have I (good ''Reader') acquainted thee in plain Englifh, with the Lines and rude Draughts of what hath been, and what is like to bc;, multorum annorum \ riiE T%EFJCE. annorum ofm ; in which, as I never did approve, fo neither could I perfwade my felf to tread in their Steps, who intermingle their Pafsion with tlieir ftories, and are not content to write of, unlefs ihey wa-ite alfo for a Party, or to fervc an Intereft^ an^ fo declare themfelves far better Advocates then Hifliri-^ ans : I profefs, that in finglenefs of heart, 1 am at truths which to me has alwayes feemed hu^- ly amiable, even without the tires and advantages of Wit and Eloquence : And therefore, in ord(r to my greatcft purpofe, 1 have efteemed the mal; unaffe Aed and familiar Stile the beil • Ahum alii r- neant. And fo irrefiftible is the force of Truth, anl the Divine Providence fo great, that howfoever ai pofsible diligence may have been ufed to carr^ things in fecret, and to ad by colourable Pretence (men often ading like Tumblers that are fquint- eyed, looking one way, and aiming another) Y^ hath God in thefe our dayes brought to light fuel Secrets of State, fuch private Confultations, fuel ftrange Contrivances (difcovered by Letters, Pa- pers, and Cabinet-memorials feifed on in timeof the War) as otherwife probably, neither we mr our Pofterity (hould have ever known. 1 conclude with the l<=»ornp<^ Spaniar<^s Opinion .* Satis ell Htlii- ria, fifit vera- qu^e ut reliqua haheat omnia, ft vtru tatem non habet, ohtinere nomenfuum nonfoteji. J. RUSHWORTK^. B D B To ^ujuTO-yf^ ■v:t^s tdj Tu^vla. T>P£Tlaywy TO S'i>ig.ioL Aiyu^ Fla^a re, voovlf, eiviti //.if "TTZ^^Aoii) Qq\ Si kg b <^%oteoi, (h.e.) Anglorum leges, Smdam^ confulta Senatm, aufac^ue, cunBa loqmr, tempore qmeque fuo. ^ Excipis adverfo fi peHore , (^ ore mdigno, pluribm invideas Zoile , nemo tibi. Tl le The Printer to the Reader. BEing obliged to get this ^ook^fnijhed againjl the enfuing Term, I i^as confiramed to ma\e more hafle then ordinary ^ fo that pofsibly fome Faults have efcap'd, Mphich I requejl the Cour^ teous ^R^ader to Tardon and Amend as they [hall he met mth, Va l e. A B D 1 6 ^aeobn D, Hiftorical Colledions. He grand bufinefs of State in the latter times of King ^ames^ was the Spanill'i Match, which had the Kings heart in it, over-ruled all his Coun- fels , and had a mighty influence upon the Univerfal State of chri- (lendom : This King affecting the name of a King of Peace, and Peace- maker, as his chief glory, had de- figned , what in him lay, the fet- ling of a general Peace in Europe^ and the reconciling of all Parties-, and profeffed, that if the Papifls would leave their Kmg-killing^ and fome other groffer Errors , he was willing to meet them half way •, moreover,he was ever zealous for the honor and height of regal Majefty, and to maintain the glory of it in his SuccefTors 5 'twas his "chief defire and care to match his Son with fomePrincefs ofmofthigh defcent,though of a different Religion. TherehadbeenaTreaty of Marriage between the late VnxMZt Hcnr'j and a Daughter of 5'/»dw, which on the Spaniards part was found ameer Complement, carried on by the accuflomed gravity and formality of that Nation. For Cecil Earl of Salisbury^ the great States-man of that time, purfued and drove the matter to that point, that the Duke of Lerma^ finding no evafion, difclaimcd the being of a Marriage Treaty. Neverthelefs the Spanifli AmbafTador, to acquit him felf to this State, and to clear hrs own honelfy, at a fiill Council produced his Commiflion, together with his Letters of Inflrudion given under the Duke's hand : Such manner of dealing might have been fuflicient Caufe of jufl Indigna- tion againft any future motion of this Alliance. After death of Prince Henry , the King fet his thoughts upon a Daughter of Henry the Fourth, fue Kmg of France, as^the fitteft Match for Prince C/Wfj', and by Sir Thomas Edmonds his Legier Am- bafTador, endeavored to know the minde of that State, but could not difcern their affedions, and was nor willing to difcover his own : At length taking occalion to fend the Lord Hayes Extraordinary Ambafla- dor to the French King, to Congratulate his Marriage with Anne the Infanta of 5/'rf/«, herefolvedtomake a thorow Trial : The matter was put forth, and in appearance well taken, but proved of no effeft. For the Duke of 54roy was before-hand, and prevailed for his Son the Prince of Piedmont. During this Negotiation of Alliance with France^ the Duke of Lerma. frequently intimated unto Sir ^■ohn Digby AmbafTador, Refident in Spam, an extraordinary defire in the King his Maffer, not onely to maintain Peaceand Amity with the King of great Britain, but to lay hold onall means tlut might be offered for the nearer uniting of their Majefties, and B their King Jama much rfefired to march his Son Henry with a daugh- ter of Spain. After Prince Henrys death the King propounded a match with France. jln this interim tlic Spaniard [gives the over- ture of 1 match. Hijiorical ColkBions, An. Sir "John Dig- by i. a.lvirc ro the King in chat maccer. g.o their Crowns •, as alfo a difpofition in this regard, to match his fecond ' Daughter to the Prince of Wales : The AmbafTador replyed, that His Majeftyhad little reafon to give ear to this overture, having not long fince, in the Treaty for the late Prince, received fuch an unexpeded An- Iwer, and Demands fo improper and unworthy 5 and that there needed more then ordinary alTurance, to induce him to believe that there was now fo great a change, and the match defired in good earneft, and not propounded meerly to divert the match with France : wherefore he ex- peded the propofal of fuch terms of advantage and certainty, as might gain a belief of their Cncere Intentions : Lerma promifed a further Con- ference. Bet by reafon of aftrong report that the Match with France was abfolutely concluded, and within few day es to bepublifhed, thebu- iinefs lay alleep, until Sir ^ohn Dighy, going for England^ was defired by the Duke to give him notice of the ftate of this Affair : From hence I)i?by gives him to underftand, that there was no caufe of difpair concern- ing this new overture, unlefs the difficulty of the Conditions lliould make it defperate •, bat if the Demands in point of Religion were no more then what would fatisfie another Catholick Prince, and to which his Majelty might yeild with Honor, he knows that divers perfons, not of the meaneff power, were well inclined, and ready to give their helping hand : He faid further, that it were much better not to revive this motion, then by impoflible and unfitting Propofitions from either fide, to give diftafte, and lefTen the Friendlliip between the two Crowns. The Duke returned anfwer, that all affurance and fatisfadlion fliall be given concerning this Alliance : And after Sir ^ohn Dighfs arrival at the Court of Spain, he protefted to him folemnly, that the King defired it, and fwore for himfelf, that he defired nothing more : Hereupon Digl/y debated with him. That the remembrance of their former Demands was yet unpleafing in England; the difference of Religion, the Opinions of Divines, and the Cafes of Confcience were ftill the fame; infomuch, that hi? Majefty and his Servants had juft caufe to ceafe for ever from all thoughts this way. Neverthelefs, they did not flight nor difrelilh an Alliance with Spain •, for many of the greateft eminency in England judge it equally valuable with any- other of Chriftendom, though it be efteemed a matter of infinite dilficuky. Here the fubtil Spaniard might perceive our forwardnefs, though our AmbafTador feemed tofpeaka- loof off, and with refervation. The debate had this refult, that the difficulties fliould be digefted into certain Heads , and feled: Per- fons appointed for Conference •, but the Intent thereof was , that the Kings on either fide (hould not be intereffed , nor their names therein uTed, till by the clearing of particulars, there fliould be great ap- pearances that the bufinefs would take effedf : Now becaufe the diffe- rence of Religion, was fuppofed the onely difficulty of moment, it was thought fit to break the matter to the Cardinal of Toledo, and the Kings Confeflor, and one Father Frederick a learned Jefuite, having the repute of a Moderate man. Upon the review of thefe proceedings. Sir ^ohn Digbj advifed the King not to fuffer his other refolutions to be interrupted by this Over- ture, which might be fet on foot as a meet device to ftagger the French Treaty, and to keep his Majefty from declaring himfelf oppofite to Spain in the bufinefs of Cleves and ^idiers, which dill remained uncom- pounded-, neverthelefs, hemight bepleafed for awhile to fufpend the conclufion of the Match with Fr*nce, and entertain this motion ; and to this Htftorical ColleBions. 3 B D this end he defired horn him not a formal Commiffioh to treat, but onely ' a private Inftrudtion tor hi s Diredion and Warrant. , i Such remote Conferences made way for that folemii flow-paced Treaty of the many years following, wherein the advantage lay on the Spaniards fide, who were indeed very formal and fpecious in it, but no vvav vehement and vigorous, if we might fuppofe them in any fort real : But the King of Fnglind\r3.vix\g^ prevalent inclination this way, when he was once drawn m and elevated with hope, was fo fet upon it, that he would grant all thm^s poffible, rather then break it off, and was impati- ent of diflembling his own eagernefs : The bufinefs was mainly carried on by Conde Gondomar ^ who was exquifitely framed for it, and by facetious wayes, taking the King in his own humor, prevail- ed mightily. • The King removes all blocks that lie in the way of this Darling Defign, and ftudies all the wayes of rendring himfelf acceptable to Spain. The Wall of this Ifland the Engl ifli Navy, once the ftrongeft of all Chriftendome, now lyes at road unarmed, and fit for ruine : Condomar |[as was the common voice] bearitlg the King in hand, that the furnifli- ing of it would breed fufpition in the King his Mafter , and avert his minde from this alliance : Moreover the Town of fl»lhmg, the Caftle of Ramakins in Zealand, and Brill in Holland , which were held by way of caution from the united Provinces, to infure their dependency upon Eng- land, the King rcfolved to render up, as being meerly cautionary, and none of his Propriety ; He rid his hands of thofe places to prevent re- quefts and Propofitions from the King of Spain^ who claimed the pro- priety in them, and Condomar put hard for them, being accounted the Keys of the Low Countries : Such was the Kings care and contrivance to keep faith with thofe Confederates, and not offend Spain: And to render this a politick aftion, it was urged that the advantage of thofe Holds was countervailed by the vaft expcnce in keeping them. Hovv- beit the power of the Engliih Interefl in that State was by this means cut off, and taken away -, and the alienation between King ^ames and the United Provinces, which appeared in latter times, and was nouriflied by Bernevelt the licad of the Arminian Fadion, and a Penfioner oi' Spain, is now increafed by thedifcovery and obfervation of thefc late Spauidi compliances. But the King of Spain and his Minifters had given but flendcr proof of any great alFedion , yea or of lincere intention and upright deal- ing in this great affair. Von'Si: ^ohn Dtgbf received certain Articles in matter of Religion after a Confultatian had with their Divines, which appeared very unworthy, and were utterly rejedled by him : Yet afterwards upon a private Conference between him , and fome o- thers to whom the caufe had been committed, a Qualification was there- in conceived, though not delivered as a matter there approved. And the fame Speeches after his return into England , proceeded between him and Condomar, and were brought to that llUie, that the King thought fit to acquamt a feled number of his Council therewith, who having heard the report of the former proceeding, delivered their opinion, That they found very probable ground for him to enter into a publike Trea- ty, with as much affurance of good fuccefs as in fuchacafe might be expected ^ whereupon Sh'^ohnDighy by Commiffion under the Great Seal, was authorized to treat and conclude the Marriage -, and bccaufe B 2 the 16 ^■acobi. Goiidorrar mannages t!i£ Ticary on tlie Spaniattls pah. The Eoglifli Navie neg- kfted. The '"autio- nary Towns rendred to the Hollan- der. Tlie Spaniard proceeds nor finctrfly in the Treaty. 4- Hiftorical CoUeBions . A/i.-iOl"^. Articles of Religion a- greed upon between the Kings of Eng land and Sjain. The- people of England avcrfe from the . I match : The I Catholicksde-, tirous of it. the matter of Religion was in chief debate, thofe qualified Articles that were brought out of Sfain were Cent back figned with the Kings hand, who added fomething to them by way of clearer explanation : Tliey were to this effed : THat t^je Popes Difpefffatio» he firft chained by the meer AB of the King of Spain. That the Children of this Marriage be not cenfirained in matter of Re- ligion, nor their Title prejudiced in caje they pro've Catholikes. That the Infanta's Familj being Strangers /nay be Catholikes, andjjhall have A decent place appointed for all Divine Service according to the ufe of the church <>/Rome-, and the Ecclefiafiicks and Religious perjons may wear their proper Habits. That the Marriage Jl)dll he celebrated in Spain bj a Procurator ficcord- in^tothe ln(lru£iions of the Council of Trent ^ and afterthelnhnt^s ar- rival in'B.n'glzvid.^ fuch a [olemniz^ation jlhillbe nfed, as may make the Mar- riage valid, according to the Laws of this Kingdpme. That l})e f})all have a competent number of chaplains, and aConfefJor, be- ing Strangers, one whereof pall have power to govern the family in Religions matters. In the allowing of thefe Articles, the King thus expreft himfelf : " Se- ''iogthis Marriage is to be with a Lady of a different Religion from us, it becometh us to be tender, as on the one part to give fo on the other to admit nothing " them all fatisfa(51:ion convenient -, " that may blemidi our Confcience, or detrad from the Religion here 'Jeftabliflied. The People of England having yet in memory the intended Cruelty of 88. and hating the Popifli Religion, generally loathed this Match, and would have bought it off at the dearefl, rate, and what they durft, oppofed it by fpeeches, counfels, wifhes, prayers ^ but if any one fpake lowder then his fellows, he was foon put to filence, difgrac'd, and crofs'd in Court-preferments ; when as in Spain and Flanders, Books were penned, and Pidures printed to difgrace the King and State: For which the Englifli Ambaffadors fought fatisfadion , but in vain Gondomar con- trives the death of Sir Walter Raw- { leigh an ene- my to Spain. The Roman Catholicksdefired the Match above meafure, hoping for a moderation of Fines and Laws, perhaps a Toleration, yea, a total Re- ftauration of their Religion •, for they gained more and more Indulgence by the long-ipun Treaty i The Articles of Religion werc long hammered upon the Spanilli Anvil, inlarged and multiplied by new Demands with- out end. The Conde Gondomar, an adive fubtil Inftrument to ferve his Mafteis ends, negleded no occalion tending thereunto,which he mainly fliewed in the particular of Sir Walter Rawlngh, wherein he put forth all his Strength to deftroy him, being one of the lafl Sea-Commanders then living, bred under Queen Eliz.abeth, and by her flefli'd in Spaniih blood and ruin. He did firft under-work his Voyage to Cuienna, which Teemed to tlireaten lofs and danger to the fpreading power of Spain in the Weft- Jndies, and after his return with misfortune, he purfued him to death. In the beginning of the Kings Reign, this Gentleman, with others, was arraigned and condemned for Treafon ; 'twas a dark kinde of Treafon, and the vail is ftill upon it. The King had ground enough to (hew mercy jwhlch fome of that condemned party obtained. After many years HtUorical CoHeFiions, B D y ears [mpnConmenty S\: Walter Hawleigh, defirous onibeity and adion, i6 ^acohi. propounded Q.xi American voyageupon the aflurance of gaining a Mine of Gold in Gi'Jenna. The King hearkned to him, and gave him power to fee foitli Ships and Men for that Service, but commanded him upon his Allegiance, to give under his hand, the number of his Men,, the burden and ftrength of his Ships, together, witH the Country and River which he was to enter. All this was done, and came fo timely to Gondomars knowledge, that Advertifement was fent to Spain, and theuce to the Indies, before this Englifh Fleet departed out of the Thames. The Adion proved unfortunate, and the Mine was inaccelTibie 5 the Spaniards at St. Jhomtts oppofed their paiTage up the River, and this engaged them to aflault the Town, which they took, facked and burnt. Gondomar hereat incenfed, with a violent importunity demanded the reparation of this wrong: And the Sfanifh I action urged, that this irruption might make a breach both of the Match and Peace with Spain, The Kings' fears kindled his wrath • he difavowed the A(5lion, and to prevent the like for the future, put forth a fevere Proclamation. Hereupon theftormof Paflion ceafed, and iJW^ir^/^ knowing nothing but that hs might appear in England wizh fafety, put in at Plimouth, and was no fooncr landed, but by fecret intimation, underftanding his danger, fought to efcape beyond Sea , but was taken in the attempt, brought to London, and recommitted to the Tower -, and atlength his life was offered up a Sacrifice for Spaint but not upon fuch grounds as the Ambaffador had defigned 5 for he de- fired a Judgment upon the pretended breach of Peace , that by this occafion he might fli.ly gain from t'hc £«^////> an acknowledgment of his Mafters right in thofc places, and hereafter both ftop their mouths, and quench their heat and valor. But the late voyage was not brought in qucftion, onely his formec Condemnation was revived • his Araignment at frm/7f/?fr many years before was now laid open, and he at the Kings Bench demanded, why Execution fliould not be done upon him according to the Sentence therein pronounced, JRawleigh anfwered, " That the " Kings late CommifTion gave him a new life and vigor •• For he that " hath power over the lives of others, ought to be Mafter of his own. This Plea was not accepted, but the former Judgment took place, and accordingly he loft his Kf4(a? upon a Scaffold ereded in the old Pa/Iace at Weftminfler. Whilcft Spain and England were thus clofing, the fire brake out in j A war be- Cermany between the States and Princes Troteitant, and the Houfe of g'nsinCf?-- Attsiria : Thefe commocions involved and drew along the affairs of moft '"""^ Chriftian Princes, efpecially of the two Potent Kings now in Treaty. The Catholick Caufe, and the Lot of the Houfe of AtiHria, engaged the King of S^ain who was the ftrongeft Branch of that Stock. King ^ames muft needs be drawn in, both by common and paKticular Intereft • the Religion which he profeffed, and the State of his Son in Law the Eledor Palatine, who became the principal part in thofe Wars, and the moft un- I fortunate. It was an high bufinefs to the whole Chriftian World , and ' the iffue of it had main dependence upon the King of England, being the Mighttefl Prince of the Proteftant Profcffion : But this Kings pro- ceedings were wholly governed by the unhappy Spanijh Treaty, The clouds gather thick in the German skie ^ jealoufies and difcon- tents arife between the Cathelicks, and the Evangelicks, ov Lutherans oiucks^gvow the Conff ffion of Ambttrge. Both parties draw into Confederacies, and 1 ''^^'""^' *"!* hold Aftcmblies •, the one feeking by the advantage of power to incroach jo Uaguc' ' and Both parties, Protcflanc and Ca tho- rn- Hijlorical ColIcBions. A}1. 1618, rlie F.'nperoi- Mnnbi.n A- itoprs li'sCou- fin-Geimm Ferdinand. For jny cf this A'loption, the Catholicks keep a ] iihilec and the I'ro- tcftants an- other in me- mory of i«- thei. An Artlnihly •f the I'rote- (lants and States of Bo/;f- mia at Prague. The f rft ccca- (lon of the troiililes c«f Bobcirtiei. and get ground, the other toftand their ground, and hold their own. The'potency of the Houfe of AuHria, a Houfe devoted to the Periecu- tionof the Reformed Religion, became formidable. The old Emperor Matthi.ts declared his Coufin German the Archduke Ferdinand to be his adopted Son and Succellor, and caufcd him to be chofen and crowned King of Bohemia and Hungary, yet referving to himfelf the fole exercife of Kingly power during his life. Tht^efiiits triumph in their hopes of King Ferdinand; the Pofe cxiiorted the Catholicks to keep a day of Jubilee, and to implore aid of God for the Churches high occafions. To anfwer thisFeftival, the Elcdor of Saxonj called to minde, that it was »hen the Hundrech year compleat fince Martin Luther oppofed the Popes Indulgences, which was the i4rft beginning of Proteftant Reformation. Whereupon he ordained a Solemn Feasto't three days for Thankfgiving, and for Prayer to God, to maintain in peace tl>e purity of the Word, and the right adminiftra- tionofthe Sacraments. TheProfcflbrs of the Univerfitics o^ Ltpfjck B and Wittemherg, the Imperial Towns of Framkford, Worms, and Norem^ hiirg, yea, the Cahini(ls alio obferved the fame days of Jubilee againft the Romiih Church •, and much Gold and Silver was caft abroad in memo- ry of Luther, whom they called Bkffed. In thefe times the Emperor wrote Letters, both to the Eleftor Fala- t^ne, and to the Proteftant Provinces, and States of the Empire then aflembled at Hilbran, adviling them to acquiefce in what was done touch- ing the defignation of his adopted Son to the Empire, to obferve the Golden Bull, (the Magna charta of the Empire) and the matter of it con- cerning the Electoral Bonds, and to dilTolve their League. The Prote- ftants in their AnAver acknowledged the good will of the Emperor their Cheif, and fhewed that the Catholicks had opprefled them contrary to t\\c Pacification ^ and having Ibught Redrefsin vain,they were compelled to ufe means of preferving Publick Tranquillity according to the Laws, That their League and Union confifting onely of Proteftant Germans, was a known pradice in the Empire, and not againft the Golden Ball, and D tended not to a feparation from his Imperial Majeftie ^ but the Catholicks made their League with ftrangers , and declared a ftranger cheif over them. The Count of Thurne, and other Defenders Evangelick, with the Eftates of Bohemia, alTembled at Prague to advife of puhiick fafety, and confervation of^ priviledges. The Emperor required his Council held at the Caftle of Prague, to oppofe and hinder this Aftembly, which he faid was called toraife Sedition, and to plot againft hisperfon and Go- vernment. Nevcrthelefs in all their publick worfliip the Evangelicks prayed to God to confound the Emperors enemies, and to grant him long to live and reign over them in Peace and Juftice. The Bohemian troubles took their firft rife from the breach of the Ediiflof Peace concerning Religion, and the Accord made by the Em- peror Rodolph, whereby the Proteftants retained the free exerciie of their Religion, enjoyed their Temples, CoUedges, Tithes, Patronages, places of Burial, and the Uke , and had liberty to build new Temples, and power to chufe Defenders to fecure thofe Rights, and toregivlate what Ihould be of fervice in their Churches. Now the ftop of building certain Churches on Lands within the Lordfliips of theCatholick Clergy, (in which places the Evangelicks conceived a Right to build) was the fpecial grievance and caufe of Breach. On HtHortcal CoUeBtons. B D 7 1 6 J-acobi, A Ryot corr,. mitccd'uythc I'raiue. On the Twenty third of Ma), the cheif of the Evangelicks went armed into the Caftle of Prague, entred the Council Chamber, and opened their Grievances, but inraged by oppofition, threw SUhta the Cheif Juftice , afld Smcfanfim one of the Council , and Fabritms the 'prorcrtmrs Secretary, from an high Window into the Caftle Ditch ; others of the ''^ecafiicof Council temporifing in this Tumult, andfeemingto accord with their demands, were peaceably conduded to their own Iioufes. Hereupon the AfiTcmbly took advice to fettle the Towns and Caftle of Prague with new Guards 5 likewife to appeafe the people, and to take an Oath of Fidelity. They chofe Dire^ors, Governors and Counfellors Provincial to govern affairs of State, and to confult of raifing forces againft the enemies of God, and the King, and the EdiAs of his Imperial Majefty. They baniili- ed the ^efifits throughout all Bohemia: Moreoverto defend their owit caufe, and to giv^e an accompt of their late proceedings, andprefent pofture, a Declaration was drawn up and fent with Letters to the Eftates oi Moravta, Silefia, &nd Lufatia, and to all the Princes and States, their Allies, throughout the Empire, with rcqueft of aid in cafe of need. They declare to this cffed. T^jat t\)tp OaDenDureti in&m'te Infuri'ejsanti^Sfaiftions;, bpccc^ The Proce- rain£)f6cci;s, €crteQaaic&an!)€it)i{, anDljpt|jc2fcfuir,^aboUe if'T^D,, all othtts;, toUo fought to l^tng t\)m\ unDct tfe psSe of #opci*j», 'mion! '' '" reijileu t\)tm tottij t\)tnamtsf of Hereticks, Oeatjetj tljcm out of places of S^ignttp, p?oDofecD t\)t ^astaratcjs to purfue tDem toltl) Xrtre a?0 @too?D: COattDctri3^imOcr0i3jereljamC[)eD, antj tijcic (SOacge^st^ tien to Roman CatlJoUcfeiS!. Clje Scnato?0 of Prague, Woo toerc€ban^ Sdtcfe0, tocre cbiMntrcateD, anD Dtt)cr;S pcifoiijK perferuteD fo? l^e- Itgion, unDcc pretence of (BiUl ©ffcnrc0» 3(InD to^ccca^ in cafe of Difference toucliins t^c 9g?ocment anti (2EDi(tof f^eacc, t&e€C!ate)Sof boti) parties toere to bear anD juDge 5 tljeir €nemte;s piocureD €onv manDs from tl;c €mpero? to beat* ttiem Djtjon bcfo?e aDueOcacing: dJeir latDful SSfrtinag; to atsbife anD f orfe reD?ef55, ijjei-c DeclareD to bt manifeO ©cDitionanuil^cUeUiom anD tlJemfelbeiSt'g^eatneD iwiti^lofjis of taatesanDlibejef. I This Dedaratioft they fent likewife to the Emperor, with a fubmiflive Letter, afferting their own l-iddity, and praying for the removal of thofe evil Counfellors that threaten fo much danger to his Majefty, and his Kingdoms. The Emperor herewith was no way pacified, but charged them with an evil defign, required them to lay down Arms, and to make no more Levies, but to live in peace as becometh fliithful Subjects: Up- on which terms, he promifed to disband his own Soldiers, to forgive what was paft, and to protesft all that will obey him. This prevailed nothing, but the breach grows wider. The Emperor publiflied a JV/4w/<'/?o in Anfwer to the Apology of the Bohemian States and wrote Letters to the Ele(ftors, Princes, and States of the Empire, witli high Aggravations of the violence offered at Prague to his principal Officers, againft Divine and Humane Rights, the Conftitutionsof the Kingdom, and theCuftoms of all Nations, without hearing, without fummoning, without any form of Proces, yea, without giving a moment of time to Repent, or make ConfefTion, or receive the Sacrament, which is never denied to the worft offenders. Forth- The Emperor difgiiftei) with the De- claration. He publiftics a Manifefto. ; 8 HiBorical ColieFiions, Eoth Parties Arm. A Comet ap- pear! I time. at this J» 1618 ! Forthwith a pernicious War, and all confufion breaks out. The ' \^ryj I Emperor raifed forces under the conduct of divers Commanders , of whom the cheif were Count de Buquap and Count iie Jmfiere. The Evan^elicks raifed two Armies under Count dcThurne, and Count Mahs- /elt. Meravia, Sile fia, znd Lnjatta, with all the Eftates Proteftant, Ger- 'rnans and Neighbors of Bohemia> (very few excepted) aflift the Evange- licks with Counfel, Men, and Money : Likewife the Prince of Orange, and the States of the United Provinces promifed to aid them with their forces. The Eletftors and Princes Proteftant favoring the Bohemians, whofe Countrey the Impcrialifts deftioy with Tire and Sword, perfwade the Emperor to ftop the rage of Civil War •, the fuccefs whereof is doubtful , and the end ever miferable. The Emperor propounded an Arbitration of thefe^iifferences by the Eledor of Mcntz, and the Duke of Bavaria, Princes Catholicks , and by the Eledors Palatine , and of Saxony, Princes Proteftants, and Pilfcn Ihould be the place of Treaty : The Evangelicksconfent to the Arbitration, but diflike the pl.ice, where the people were wholly Catholicks , and followed the Emperors party •, befides the Direffors had defigned the befieging of it. New Anions of War made the overtures of peace more difficuft : Several Armies were now.raifing throughout Bohemia, and the Neighboring Provinces : As yet the Eledor of Saxony ftood Neutral ; the Duke of Bavaria caft in his lot with the Emperor, whofe eftate was'then every where imbroiled. At this time there appeared a Comet which gave occafion of much difcourfe to all forts of men •, among others a Learned Knight, our Coun- treyman confidently and boldly affirmed, [_That ftichperfons were hut ahitfers^ and did but flatter greatnef , who gave their verdtB , that that Comet rviu effectual, m fome would have it, or ftgnal, m others judge it, onelj to Africa •, whurehj they laid it far enough from England : When this Knight out of the confideration of the (pace of the Zodiack which this Comet mea- [ured, the inclination of his Sword and Blade, and to what place hoth the bead and tail became Vertical , together with other fecrets. 3 Said , That not ortely all Europe, to the elevation of Fifty two degrees, was liable to its threat- nings, hut England e(]>ecially •, yea, That peafoa befides, in whofe fortune we are all no lef imbarkcd, then the Pafjenger with the Ship is in the Pilot that guideth the fame; the truth whereof, {aid he, a few years willmanifeflte all men. And it was obferved by Dr. Bainbridge, a famous Aftronomer, that toward the Declination of it, the Elerenth of December it paft over Zo«- ^ up the King of Denmark, and the Palatines two Uncles, the Prince of Orange, and the Duke of Bouillon, together with Trcmouille, a rich Prince in France, to caflintheir fhares. The Parliament is the old and honorable way forraiftng of Money, md all that may be fpared is to be turned this way. And perhaps God provided the jewels which were laid up in the Tower ^)i the Mother, for the prefervatiOH of the Daughter , who like a Noble Pnncef hath profejfed that fhe will not leave her (elf one ^ewel, rather then net maintain fo religi- ons and rightco'A^ aCaufe. Certainly if countenance he given to this Allien, many brave Spirits will offer themselves : Therefore let all our Spirits he ga- thered up to animate this bu fine f, that the ^orld may take notice that we are awake when God calls. The Life and Zeal of thcfe Expreffions firom a Pcrfon of fuch Emi- nency, may difcover the Judgment and Affedion of the Anti-Spanifh party in the Court of England. But the King was engaged in thofe ways, out of which he could not eafily turn himlelf. Befides, it did not pleafe him, that his Son Ihould faatch a Crown out of the Fire: And he was ufed to fay, That the Bohemians made ufc of him as the Fox did of the Cats fodt,t0 pull the Apple out of the Fire for his own eating. In the mean while be- fore the King could anfwer,thc Palfgrave defiring advice in that behalf,the Bohemians had wrought and prevailed with him to accept of their Eledi- on •, whereof he fent Advertifement into England, excufing the fudden- nefsof the Adion ; for that the urgency of the caufe would admit of no deliberation. King ^ames difavowed the Ad, and would never grace his Son in Law with the ftilc of his new Dignity. But Sir Richard We si on and Sir Edward Conway were fent Ambaffadors into Bohemia , to Historical CoUeUions. 13 B D King James dilavows the Aft,and deals himlclf of ic to rhe King of Slain. to clofe op the breach between the Emperor , and the Eledlor Pala- ■ 1 7 ^acoh/ tme. The King being not a little troubled and jealous, i\\zti\\Q Palatines nearnefs to him might give caufe of fufpition to his Brother of S^ain, that this Eledion had been made by his procurement or correfpondence with the GerniAn Proteftants , commands his Agent Cottinpon to give that King plenary Information of all proceedings •, As, That his Am- balTador being fent to compound the differences , and to reduce the Bohemians to the quiet obedience of the Emperor , inftead of finding the Emperor fo prepared , and fuch a way made for his Mediation as was promifed and cxpeded , received anfwer, That the bufinefs was al- ready referred to four of the Eledlors, infomach, that noplace was left for his Authority to interpofe. Of this exclufive anfwer, as he had juft caufe to be fenfible, con- fidering that he had entred into that Treaty meerly at the inftance of the King of 5/'4/'«, andhisMiniftersj fo there followed a furtha: inconve- nience, Tintxh^ Bohemians having long expelled the fruit andiffueof this Mediation, and finding little hope by this means, did inftantly, as out of defperation, Eled the Count Palatine for their King : Wherefore being tender of his own honor and reputation, efpecially in the opinion of the King of Sfain , he would not have it blemifhedby theleaft mif- underftanding. And for that end, he tendred to his view, fuch Letters as from time to time he had written to the Princes of the Union, and to the Palatine himfelf, whereby he might plainly fee his diflike of the Bohemians engaging againfl: their King , and his induftry to contain thofe Princes in peace and quietnefs, and to make a fair Accord between the difagreeing parties. Reply was made , as touching the anfwer given to the Vifcount Doncafter , That he was admitted a Compounder in fuch form as was poflible , the Arbitration having been committed by the late Emperor into the hands of three of the Ele6tors,and the Duke of Bavaria -, that neverthelefs he might have proceeded in the Negotiation , and by his Maflers Authority have over-ruled any difficulty vvhich might have hapned on the Emperors fide (on whofe behalf the reference was made) if he had reduced the Bohemians to the accepfance of any rcafonable conditions : But he prefently, to the Emperors great di(fervice, labor- ed to fufpend tlie Eledlion of the King of the Romans, till the Bohe- mian Controverfie were firft compounded, which was abfolutely to de- feat King Ferdinand of that Crown, and to diflurb and put in danger his Eledtion to the Empire, This was the more confirmed by his defire to make Bonfires in Liege, when the Count Palatine was made King of Bohemia. As touching the Kings integrity in the whole bufinefs, the fatisfaftion tendred was received with great applaufe ^ and it was further faid, That it would gain the more authorisy andertimation if hefiiould continue to difclaim that which had been done fo contrary to his opi- nion , and againft his Friends and Allies, as are all the Princes of the Houfe of Austria. But the Lot was caft in German), and for the Palf^ravc tliere was no going back ; forces pour in a main on both fides. The King of Poland aided the Emperor in Hungary, to bound and check the incurfionsof Prince Bethlcm; ileDakeoi Saxony did not brook his Fellow Elefturs advancement to Regal Majefty, and condemned his joyning with Bethlem Gahor •, Who, (aiih h'e, came in with the Turks confent to make a defola- 4ido in the Empire. ._.. King The King of Spain tcllifies his refenr- mencot Vif- count Don- CLijhrs pro- rcciiiiigs in Germany. The Kitii^ of /'o/.i/iii'aiiis the Emperor. '4- Hiflorical CoUeBions, An. 1620. ferdinnnit ptiblifhis a rrolcripnon iigainft the r.ihitwe. Vrince Art- biiit Oer.crjlif- fitm of tlic B'^hamans. hiich .com- matids the forces of tlic Princes of the Union. King James will not en- fiage in the War, fends Sir Walter Afion Ambaf- lid or into Sf.iin to ne- gotiate the Match, and Gondom.iy re- turns. Great immu- nitifs piomi- fcd by King Jni:;es to the Catholicks. 1 8 ^acob. 1620, A great Army levied in l-'litii-- dcrs under the command of Spir.olti. A Regiment under the cf-mmand of 5ir Horait' I'eie fent from lEn^liind. ' King Frederick vifited the feveral pavts of his Kingdom to confirm the people ro him, :indtoieceivc the Oath of Fidelity. And the Em- peror piibhllied a Profcription againft him , wherein he proclaims him g.iilty of High Treifon, excludes him out of the publick peace, and declares his relblution to profecute him as the publick Enemy of the Em- piie, and a contemner of his Imperial Majefty, andabfolvcs allhisSub- jeds from their Oaths and Duties to him, and commands all perfons whatfoever to abandon him and his adherents. Chrijlian, Prince of AnhJt, was appointed Gcneralifirm of the Bohemian Forces, and govern- ed all afflurs, which was fome eclipfe and difcontent to Thitrne and Mans- fet, who had hitherto ftood the iJiock Of the Imperial Armies. The Princes of the Union raifed forces for the defence of the Pri/.^f/w/i^f, and their own intcrcft, under the Marquefs Ansbach. The Evangelicks wereputtotheworft by General ^«(/«0)i in feveral encounters, and were much terrified by the Duke of Bavaria, who marched with an Army of Fifteen thouGmd Horfe and Foot, and a Train of Artillery proportion- able •, and they were weakned by a Ceffation of Arms in Bimgary, be- tween the Emperor and the Prince of Tranfyhania. In S^atn they make all poflfible preparations for this War •, onely the King of Englmd will not take the Alarm, abhorring War in general, and diftafting the Palfgraves caufc , as an ill prefident againft Monarchy, and ied with hopes of compofing all differences by the fuccefs of the Spanijli Treaty. For which purpofe Six Walter Alien was then fent Am- bafl'ador into Sfai/}^ and Gondomar returned into England, there to abide till the long debated Match be fully cffeded. The Articles of Religion for fecuring Liberty of Conference to the /w/^t^M and her Family, were greatly inlarged by the Commiffioners defigned for the Treaty, and were allowed by the King of £«^/4W; but without a difpenfation from iJcwf , the trandidions between the two Kings were but Nullities. And for this caufe it was expeded , that our King fliould propound fuch conditions for the increafe and great advantage of \};\t Roman Catholick Religion, that the Pope may deliberate whether they be of that nature a: may per- fwade and merit tire difpenfation : To this demand the King made anfwer in his Letter to the King c£ Spain, That he had done as much in favor of the Catholicks as the times would bear , and promifed in the word of a King, ThatnoiJpw^wPrieft or other Catholick fliould thenceforth be condemned upon any capital Law. And although he could not at pre- fent refcind the Laws, infiicfiing onely pecuniary mulds ; yet he would fo mitigate them as to oblige his Catholick Subje(5ts to him. And if the Marriage took effedf, his Daughter in Law Qiould finde him ready to indulge all favors which flie fliould requeft for thofe of her Religion. Herein the Spanidi Council acknowledged great fatisfadlion given, and a Paper was conceived and drawn up by a ^itnto of Canonifls, Lawyers, and Divines, to perfwade the Pope to adl his part. IN the mean while an Array of Thirty thoudind was levying in J"/^;;- ders, under the command of Marquefs Spinola. The King of England fent to know the caufe of fo great preparations. The Marquefs gave an- fwer, That he received his Commiflion fealcd up with a charge not to open it till his Army werccomplcated, and brought together to a Rcn- dtvouz: But the King had proof enough to afTure him, that this Army wasintcnded for the Palatinate, Yet no more then one Regiment under the Command of Sir Horatio Tfrf could be obtained from him, though two B D HiUorical CollcUtons. 15 B two more were promifed: When SpinoU had his Rendevouz where. he ,18 muftered Six and twenty thoufaJKJ Foot, and Four thouHmd Horfe, he opened his CoinmilTIon, which required him to make War againft all thofe which (liould be confederate with the Bohemian B^th^h -^ and he communicated the i'ame to the AmbafTador ot Great Brittain. At the fame time the Englilh began their march •, as brave a Regiment as hath appeared in any age, confifting moft of Gentlemen under a moft worthy Leader, who was accompanied with the Earls of oxford and E(fexy per- fons innoblcd as well by their own vertues , as by their Progenitors. Other Commanders in this Regiment were Sit Edward Sackvile, S\x Ge- rard Herbert , Sir Robert Knolles , Captain Stafford, Captain Wilmot , Czx^tzmWilliam Fairfax, Svi ^ohn Bnrlacf, Qx^. Burroughs, ^Cd.'^. Robert Knightlj, crc This handful of men reached x.h& Palatinate with fome difficulty, by the aid and conduit of Hem'^ Prince of Naffau, The Imperial forces became exceeding numerous by large fupplies from federal Countrevs and Provinces. The States Proteftant of the ^acobi. The Prote- of AHJln.i re- nounce die confciteracy of ihe Bohemians. D The ElerSor of Saxony ai- iifts the Em- pcror,ancl ex- ecutes rhe Ban againft the falatine. F Upper and Lower Atiltria, upon the approach of the Bavarian Army, '^Jnc States feeing nothing but manifeft ruine, renounce their Confederacy with the Bohemians ,^ni fubmit to the Emperor, faving to themfelves their Rights and Priviledi-'es in Religion: Whereupon the 5(?/'i7»/.i;?/ and their King being but Twenty thoufand ftrong, belides an addition of Tenthnufand Httngartans from Bethlem Gabor, and fearing leaft Bavaria and Buqaoy joyn- ing their forces, (hould fall into Bohemia, thought it beft to fortifie the Frontiers,and to defend their Country, which thev conceived they might well do, if the Eleftor of Saxonj would continue in his Neutrality. The Emperor fent to the faid Eledor to execute his Bin or Declaration of Treafon againft the Count Palatine, and the Bohemian Rebels. The Bohemians by their Ambafl'adors requefted him, if he would not own their Caufe, yet at leaft to remain Neutral. The Duke of i'^.vij^y re- plied to King Frederick, Tiiat he had often reprefented to him what ruine was like to follow him by taking an others Crown • and for his own part, being called upon by the Emperor, to execute his Ban, and chaftife the Rebels, he could notdifobey that juft command : The Proteftant Prin- ces fent to him again, and gave him notice of Spinola's advance to fubdue tht Palatinate, but this did nothing move him. He entred /^»/^f^/rf with fome forces, and quickly reduced a part of that Province. In the Palatinate, SpinoU having got the ftart of the Englilh , by means of a far (hotter march, had no fooner arived, but he took in di- vers Towns, and prevailed greatly over a fpiiitlefs people 5 yet he warily declined tlie hazard of Battel with the Princes of the Union: Neither was the Marquefs Jnsbach very forward to engage, or to feek or take ad- vantages. The Dutch llownefs was not excufable, howbeit the great accefs of ftrength to the Emperors party, and this flender aid from the King of Great Brittain, to preferve his Childrens Patrimony, muft needs difhearten the Crrw4» Princes, and help to dilTolve the Union. After a while, the feafon of tlie year drew them into their Winter Quarters ; the Princes retired into tlieir feveral Countreys , and the Englifli Regiment was difpoied into three principal Garifons : Sir Horatio Vere commanded in Afrf»/»f/»j, Sir Gerard Herbert inHeidelborongh, and Cap- tain Burroughs in Frankendale , having onely power to preferve them- felves within thofe Walls , whileft the enemy ranged round about them. A Spinila pre- vails much in tlic Palati- nate. The Armies take up their Winttr Quar- ters. \6 Hijlorical Collections, An. 162c, A LetrcT of 'rheDu'teof ■ Buckjnghtms to Gondomar couching King James his 'bent to the German War. OcJoh. Z"). A Letter written from the Marquefs of Buckingham to Cende Gondomar, difcoveied the bent of the Kings minde apdwill touching the German War, That he was refolved to continue Neuter for Conicience, Honor, and Ex- amples fake. In regard of Cenfcience, judging it unlawful to inthrone and dethrone Kings for Religions fake -, having a quarrel againft the Jefuites for holding that opinion : Befides he faw the World inclined to make this a War of Religion,which he would never do. In point o'i Honor •, for that when he fent his Amballador into German) to treat of Peace, in the interim i A his Son in Law had taken t!ie Crown upon him. And for Example fake -, holding it a dangerous prefident againft all Chriftian Princes to allow a I'uddcn tranflation of Crowns by the Peoples Authority. Neverthelefs he could not lit ftill, and fee his Children dirpofTeired of their Hereditary Rights, anl hopes his Son in Law will make Overtures of Peace, which if flighted by the Emperor, he will not lofe the feafon to prepare for the defence of the PaUtinate. But if his Son will not hearken to his advice, he fliall be inforced to leave him to his proper Counfels. Notwithftanding this open, wary and tender proceeding with all care ! and patience to obferve the Spanidi humors, our State Minifters that I were moft addided to S^ain, difcerned their trifling with us, which they i did not fpare to cenfure, and refolved to ufe a freer Language j yet ftill idifcoveredavvillingnefsto wait their further leifurc, for the Engliili Pa- tience fecmed invincible. In the mean time the Privy Council having an eye to the fupport of the Palatinate, began the raifing of Moneys by way of free gift, and diredled Letters of the tenor following, to. divers Earls, Vifcounts, Biflwps, and Barons, the fame Letter being fent to each refpedively. You may formerly have heard horv the Palatinate being the ancient Herit- age of the Count Palatine, his Majcflies SoninLaw, andtodi(cendtohis Majesties Grand-children, is now invaded hy a Foreign Enemy •, many principal Towns are furprifed, a great part of the Count rey in the pojjefion of grangers, and the inhabitants forced to take an Oath against their Natural Prince. Where- upon his Majesty out of confiderations of Nature, Honor, and State, hath de- clared himfelf in the courfe of an Auxiliary V^zx for the defence and recovery of the fame •, the occafion being fo weighty andprefing, hath moved his Majefly by the general advice of us his Council, to think of \om: courfe for provision of that nature, as may ferve as well to the maintenance and preferring of the pre fent fuccors already fent, as for the reinforcing them out of thofe Countries, as the occafion of the War fl)a!f require ■• And for that the fwtftnef of the occa- fion would not permit a (upply by other means for the pre fent, fo readily as was needful, we have all concurred to begin with our felves, in offer of a voluntary I gift unto his Majefly, for the advancement of the pre fent occapon nothing doubting, but that your Lor-^fhip bein^ a Peer of the Kingdom, will chearfully and readily follow the example of us begun. And if there were much alacrity and readinef found in the Nobility, and others, to contribute at the motion of his Majcfltes Sons Ambaffador, at what time the 'Pa.hnmte was not invaded, nei- ther had his Majefly declared himfelf, you will much more and in a better pro- portion do it now thefe two weighty Motives do concur ; andfo nothing doubting of your Lordfhips readinefs herein, we bid, &c. , SiV/rfr^Kf/o/ Winchefter, ^Earl of Darby, ^^ ^"'^ ? Earl of Cumberland, ( Earl of Northumberland, &c. Alfo a Letter of the fame form was written to the Lord Major of London. But Hijlorical CoUeHions, But the fliort Reign of King Fredirick was near its period : The Imperial Forces under Bitvaria, Bttquoy, and D.Balthazay, advance towards Pragtte-^ and the Bohemians quit their Garrifons, to make their Army the more compleat : Yet neither Count Mansfeldnox the Englidi Forces were there. On the Eighth day oi November, being the Lords day, both Armies met for the fital dccifion of the great Controverfie. The Bohe- mians flood upon the advantage-ground betwixt the Imperialifts and /^Prague: But the Enemy breaking through, fcattered and ruined their 'whole Army, and purfued the ViiSory. The King and ^een furprifed with this Difcomfiture, among a wavering people in a City not very de- fenfible, were conftrained to flie the next morning. Diminution of Honor was added to the Calamity of this Prince ; becaufe he fuffered his Soldiers to mutiny for Pay, when he had a raafs of Money by liim, wh'ch was left behind to augment the Enemies Con- queft. Neither was Anhalt the General a fit perfon for the high truft re- g pofed in him •, who not long after the Defeat, fought and obtained the Emperors favor, and was made one of his Generals to debel theProte-, ftant caufe and party. But Count Mansfield, whom Anhalt flighted and ' clofed not with him to bring him up to this Fight, made good his fidelity, and with his Flying Army became a continual vexation to the Emperor harafing his Countries and forcing Contribution. King ^-amcs, upon the news of the Palfgrave's overthrow, and upon a Narration of the ftaie of Aflfiirs in thofe parts made unto HisMajefty by the Earls oi oxford and E([ex newly returned from the Palatinate, was pleafed to call a full Council together to confider of this great and weighty affair. The Order enfuing relates the particulars. At the Court at Whitehall, fan. i:^. i6io. D Prefent, Lord Jrchbijhop of Canterbury Lord chancellor Lord Treasurer Lord Pri-vy Seal Lord Steward Lor I M. Hamiltort Lord chamberlain Earl of Arundel Earl of Kelly Lord V, Doncafler Lord V. Falkland Lord Care^w Lord Digby Mr. Treafiirer Mr. Seer, Naunton Mr. Seer. Calvert Mr. Chanc. of the Exchequer Mafler of the Rolls Majler of the Wards. Hl?^^ajcf!p t)cinc(rcfoli)cl3toma^cfGmc iaopal p.'cparatf'onij fo? t\)t Eecobcrp anD ^D^orcaton of rUe Palatinate, being tt)t antjcnt 3|nl)cruanrc of t)i^ ^aieRicfi! ^on inlato, anD (15?ani}c!)iID?eij, DfD in t'J5 tftgO toifDcin tfjmb miTt toappomt fomc peifone; of fenotwlcDgc anD c^pcrjentc tn t\)c tdlats to confiDci* of, an!) gtUe tbrii* ^DUttc in fucD P?opoation0 asi Ojall be maDc unto tbem i^}) t'oc OSoarD, f02 r(jc better erpcDtting of tOat fei:i)ife. €o tobfcD puruofe tbe €acl of Oxford ant) t\)c earl of EfTex , tfic €arl of Leicefter , tDc lovD SJtfrount Wilmot, tbelo^D D4nvcrs, tbC Lo?l3 Calfield, 4/»,deraanded reparation, which was obtained, but witli a falvo to the Ambafladors honor, the error being faid to be committed by a Dependent upon the Ambaflador, and not by him felf. The King being jealous of uncomptrolled Soveraignty, and impati- ent of his Peoples intcrmedling with the Myfl:eries of State, had fallen in- to a great diflike of Parliaments, and for many years before had given way to Projeds and Monopolies : And many of his Minifters perhaps * fearing an enquiry into their own adions, might fuggeft to him, that he might better furnifli himfelf by thofe ways, and the Match now in treaty, then by Subfidies, ufually accompanied with the redrefs of Grievances. Neverthelefs, he was now minded \o call a Parliament, conceiving it might be of fpecial ufe : For he obferved the affedions of the People to be raifed for the Recovery of the Palatinate -, and then concluded, that thofe affedions would open their purfes to the fupply of his wants •, and the Treaty with Spam would effedl the bufinefs without the expence and troubles B D Hijlorical CoUeciions. B D E troubles of War, and the good accord between him and his people would quicken the Sfaniard to conclude the Match. And accordingly Writs were ifTucd forth to affemble them the 30. of January. ■ In the callin^^ of this Parliament he recommended to his Subjects the choice of fuch Mem- bers as were of the wifeft, graveft, andibeft affe(fled people, neither ruperftitious,nor tarbulent, but obedient Children to this their Mother- Church, In the mean while in German-j^ the Proteftant Union continually de- clined by the gradual falling away of the feveral partakers. The Eledor of Saxony reduced the remainder of Lttfatia. The Province of Mo- ravia, upon the approach of Btfcjuoy, feeing the Count de Latiere came not in to their fuccor, prayed that they might enjoy their Pnviledges in matter of Religion, and be received into the Emperors grace and favor: wliich fubmifTion was well received at Vienna. Likewife the States of Stlefta failing of afliftance from the Eledor Palatine, were conftrained to make their peace. Then the Palatine propounded to the Ele' fent Amballk- (lor into Flan- ders, and Mr. Gage to Rome, The Palatine and his Prin- cefs go into Holland. The Emperor proceeds fe- vercly witli the Bohemians. Imperial Pro tcftant Towns reconcile themfeives to the Emperor, and intercede for the Pala- tine, but in vain. H HiUorical CoUeciions. An. i52i. Grievances I propofed in Variiamcnc. S'w Gih's Mom- feffon impri- foned, but efcapes be- yond Sea. An. 1 62 1. The Kings Speech to the Lords. Popifh Recufants. Likewife they take in hand to redrefs the Peoples Grievances by illegal Patents and Projedls, and diiefly that of Inns and Alehoufes, for which there was a great Fine, and an Annual Revenue throughout the Kingdom-, and the Monopoly of Gold and Silver-thread, whereby the People were abufed with bafe and counterfeit Wares. . But the examination of thefe Abufes was acconipanied with the grant of Two Subfidies, which was very acceptable to tfiS King. Sir Giles Mompcffon was conventcd before the Houfe of Commons for many heinous offences and mifdemeanors in this kind, to the intolerable grievance of the Subjedl, the great diflionor of the King, and the fcandal of his Government. This Delinquent was committed to prifon, but he efcaped thence and got beyond fea, and was purfued by the Kings Proclamation. The Commons at a Conference with the Lords offered to prove, That the Patents of Gold and Silver-Thread, of Inns and Alehoufes, and of power to Compound for obfolete Laws, of the Price of Horfe- meat,Starch,Cords, Tobacco-pipes, Salt, Train-oil, and the reft, were all illegal : Howbeit they touch'd not the tender point of Prerogative ^ but in^reftoring the Subjeds liberty, were careful to preferve the Kings honor. The Lords refolvec^to admit no other bulinefs, till this were ended. * Hereupon the King came to the Houfe of Lordsj and there made a Speech. " \ MP'h Lords, The laft time I came hither, my errand was to inform " IVfyou ( as well as my memory could ferve me of things fo long paft ) '^ of the verity of my oroceedings, and the caution ufed by me in pafTing '' thofe Letters-Patents which are now in queflion before you, to the *' effedthat they might not be abufed in the execution. And this I did " by way of Declaration. But now I am come ( underftanding the time " of your Cenfure at hand ) to exprels my readinefs to put in Execution " ( which is the life of the Law ) thofe things which ye are to fentence ^ " ( For even the Law.it felf is a dead letter without Execution) For which '< office God hath appointed me in thefe Kingdoms. And though I aflure '' my felf, that my former behaviour in al! the courfe of my life hath made '( me well known for a juft King •, yet in this fpecial cafe. I thought fit to '' exprefs my own intentions out of my own mouth, for punilliment of '' things complained of: The firft proof whereof I have given by the dili- '' gent fearch I caufed to be made after the perfon of Sir Giles Mompcffon^ '' who though he were fled, yet my Proclamation purfued him inftantly : '' And as I was earneft in that, fo will I be to fee your Sentence againft " him put in execution. "'Tworeafonsmoveme to beearnefl in the execution of what ye "are to fentence at this time. " Firft, That duty I owe to God who hath made me a King , and " tied me to the care of Government by that Politique Marriage betwixt " me and my People : For I do afl'ure you in the heart of an honcft man, " and by the faith of a Chriftian King , ( which both ye and all the world " know me to be ) had thefe things been complained of to me before tlie " Parliament, I would have done the olfice of a juft King , and out of " Parliament have puni(hed them as feverely, and peradventure more, '' then ye now intend to do. But now that they are difcovered to me in " Parliament, I Ihall be as ready in this way, as I fliould have been in the *'.other : For I confefs I am alliamed ( thefe things proving fo as they are generally B D Hifloncal Collections. ^1 B "generally reported to be) that it was not ray good fortune to be the "onely Author of the Reformation, and punillimenc of them byfome "Ordinary Courts of Juftice. Neverthelefs, fince thefe things are " new difcovered hy Parliament , which before I knew notof^ nor could " fo well have difcovered otherwife , in regard of that Reprefentative " Body of the Kingdom which comes from all parts of the Countrey, I " will be never a whit the flower to do my part for the execution : For " (as many of you that are here, have heard me often fay, and fo I will " (fill fay) fo pretious unto me is the Publick Good, that no private per- " fon whatfoever, (were he never fo dear unto me) fliall be refpeiftedby " me, by many degrees , as the Publick Good 5 not onely of the whole "Commonwealth, bat even of a particular Corporation thatisaMem- " ber of it. And I hope that ye, my Lords, will do me that right topub- " lifli to my people this my Heart and purpofe. " The fecond Reafon is. That I intend not to derogate or infringe " any of the Liberties or Pnviledges of this Houfe, but rather to fortifie "and ftrengthen them: Fornever any King hath done fo much for the "Nobility of England, as I have done, and will ever be ready to do. " And whatibever I iliall fay, and deliver unto you as my thought •, yet " when I have faid what I think, I will afterwards freely leave the ludg- "ment wholly to your Houfe. I know yoa will do nothing but what "the like hath been done before: And I pray you be not jealous that I "will abridge you of any thing that hath been ufed •, For whatfoever " the Precedents (in times of good Government) can warrant, I will al- "lovv ; For I acknowledge this to be the Supream Court of Juftice, "wherein I am everprefent by Reprelentation. And in this ye may be " the better fatisfied by my own prefence coming divers times among " you. Neither can I give you any greater AfTurance, or better Pledge " of this my purpofe, then that I have done you the honor to fet my " onely Son among you •, and hope that ye with him fliall have the means " to make this the happieft Parliament that ever was in England. " This I Profefs, and take comfort in , That the Hou[e of Commons " at this time, have fliewed greater love, and ufed me with more refped "in all their proceedings, then ever any Hou[e of Commons have hitherto " done to me, or I think to any of my Predeceffors. As for this Houfe " of yours, I have always found itrefpe^tive to me, and accordingly do " I, and ever did favor you, as you well deferved. And I hope it will be " accounted a happinefs for you,that my Son dothnowfit among you,who "when it fliall plcale God to fet him In my place, will then remember " that he was once a Member of your Houfe, and fo be bound to maintain "all your lawful Priviledges , and like the better of you all the days of " his life. But becaufe the World at this time talks fo much of Brihes, " I have juftcaufe to fear the whole Body of this Houfe hath bribed him "tobeagoodlnftrunient for you upon all occafions : He doth fo good "Offices in all his Reports tome, both for the Houfe in general, and "every one of you in particular. And the like I may fay of one that " fits there, Buckingham, he hath been ib ready upon all occaflons of "good Offices, both for the Houfe in general, and every Member in "particular. One proof thereof, I hope my Lord of ^r»Wf/ hath al- " ready witnefled unto you, in his Report made unto you of my Anfwer " touching the Pnviledges of the Nobility, how earncftly he fpake unto " me of that matter. (C Now. 19 J-acchi. i6 An. \6i\. Hrjlorical ColleBions. " Now, my Lords, the time draws near of your Recef-^ whither for- ^'mality will leave you time tor proceeding now to Sentence againft all, " or any of the perfons now in queftion, I know not ^ but for my parr, " fince both Houfes have dealt fo lovingly and freely with me, in giving " me a free gift, Two Subfidies, in a more loving manner than hath been " given to any King before, and lb accepted by me : And fince I cannot " yet retribute by a General Pardon (which liath by Form ufually been re- " ferved to the end of a Parliament) the leaft I can do, (which I can " forbear no longer) is to do fomething in prefent, for the eafe and good " of my people. Three Patents at this time have been complained of, and " thought great Grievances. 1. That of the Inns and Ho(lcries. 2. That of Ale-heufes . ■3 . That of Geld and Silver Thred. " My purpofe is to ftrike them all dead 5 and that time may not be "loft, 1 will have it done prefently : That concerning Ale-houfes I " would liave to be left to the Managing of Juftices of the Peace as be- " fore. That of Gold and Silver Thred was moft vilely executed, both " for wrong done to mens perfons, as alfo for abufe in the Stuff; fofit " was a kinde of falfe Coyn. I have already freed the perfons that were "inprifon, I will now alfo damn the Patent , and this may feeminftead " of a Pardon. All thefe three I will have recalled by Proclamation,and " wifli you to advife of the fitteft Form to that purpofe, "■ I hear alfo there is another Bill among you againft Informers. I defire you, my Lords, that as you tender my Honor,and the good of my People, ye will put that Bill to an end asfoonasyoucan; and at your next meeting to make it one of your firft works. For I have already iliewed my diflikeof that kinde of people openly in Star-Chamber 5 and " it will be the greateft eafe to me, and all thofe that are near about me at " Court, that may be: For I remember that fince the beginning of this "Parliament, Buckingham hath told me, he never found fuch quiet and " reft, as in this time of Parliament , from Projedors and Informers, " who at other times miferably vexed him at all hours. " And now I confefs , that when I looked before upon the face of " the Government, I thought (as every man would have done) that the " people were never io happy as in my time : For even as at divers times " I have looked upon many of my Coppices, riding about them,and they " appeared on the outfide very thick and well-grown, unto me 5 but when " I turned into the midft of them, I found them all bitten within, and full <' of Plains, and bare fpots ^ like an Apple or Pear, fair and fmooth with- " out , but when ye cleave it afunder, you finde it rotten at the Heart. " Even fo this Kingdom, the External Government being as good as ever "it was, andlamfure as Learned Judges as ever it had, and I hope as " honeft Adminiftring Juftice within it • and for Peace, both at home " ami abroad, I may truly fay, more letled and longer lafting then ever "anybe^re-, together with as great plenty as ever. So as it was to be " thought that every man might fit infafety under his own Vine and Fig- " Tree : Yet I am alhamed (and it makes my hair ftand upright) to con- "fider, How in this time my people have been vexed and polled by the " vile execution of Piojeds, Patents, Bills of Conformity ,and fuch like-, "which befides the trouble of my people, have more exhaufted their " Purfcs,then Subfidies would have done. " Now, my Lords, before I go hence, fince God hath made me the " Great cc cc B D Hisiorical Collections. ^7 A B D <■' Cre.it ^nd7j of this Land under him, and thatlmuft anfwerfor the " Juftice of the iiime : I will therefore according to my place, remember " you of fome things , though I would not teach you ^ For no mans " Knowlcdgecan be fo good, but their Memories will be the better tobe "refreflied. And now becaufe you are coming to give Judgment, (all *' which moves froni the King) that you may the better proceed, take lu- " to your care two things, i.Todo Bonum. 2. lodoit Bene. " I call Sontim, when all is well proved whereupon ye Judge -, fop then "yebuildupon a fare Foundation. And by Befie, I underftand, that ye f proceed with all Formality and Legality, wherein you have fit occafion " to advife with the Judges , who are to affift you with their Opinions in " cafes of that nature •, and wo be to them, if they advife you not well. " So the ground being good, and the form orderly, it will prove a courfe " fitting this High Court of Parliament. " In Sentence ye are to obferve two parts : Firft, To rccolle(a that " which IS worthy of judging and cenfuring • and fecondly. To proceed " againft thefe as againft fuch-like crimes properly. We doubt there will " be many matters before you •, fome complained of out of Paffion, and " fome out of juft caufe of Grievance : Weigh both, but be not carried "away with the impertinent difcourfesof them that name as well Inno- " cent men as guilty. Proceed judicially, and fpare none where ye finde " juft caufe to puntlli : But let your proceedings be according to Law, and "remember that Laws have not their Eyes io their Necks, but in their " Foreheads. For the Moral Reafon for the punifhment of Vices in all " Kingdoms and Commonwealths, is, becaufe of the Breach of Laws " (landing in force : For none can be punilhed for Breach of Laws by Pre- " deftination, before they be made. " There is yet one particular that I am to remember you of, I hear " that Sir Henry Telverton (who is now in the Tower upon a Sentence " given in the Star-Chamber againft him, for deceiving my truft) is touch- "cd concerning a Warrant Dormant vvhtch he made while he was my " Attorney. I proteft I never heard of this Warrant Dormant before 5 " and I hold it as odious a matter, as any is before y@u. And if for refpcd " to me ye have forborne to meddle with him in Examination, becaufe he " is my Prifoner, I do here freely remit him unto you, and put him into "your hands. " And this is all I have to fay unto you at this time, wifhing you to " proceed juftly and nobly, according to the Orders of your Houfe ; and " I pray God to blefs you, and you may afliire your felves of my affiflance. " Wiilimg that what I havefaid this dviy among you, may be entred into " the Records of this Houfe. The Lords pronounced Sentence upon Sir Giles Mompefferj, who was fled beyond Sea, I. Tp//^/ he [hail be de^^radcd of the Order of Knighthood, tvith refervation A of the Digntty of his Wife and children. 2 . That he [hall (land perpetually in the degree of his perferr, Otttlarved for Mi [demeanor and Tref^aji. 3 . That his teflimony be received m no Court, nor he to he of an^ Inqtti- fition or ^nry, 4. That he {lull be excepted out of all General Pardons to be hereafter granted, E a J. That IP ^acobi. Sentence gi- ven again/t Sir GilesMi/m- peffon. 28 An. 1621. Lord Chan- cellor Bncrn accufedand convi(f^cd of Bribery. Hijhrical Collections. And Sir fr.tn- lii M'lcbelhh torn partner in I'tojcfls. 5 . 7h/tt he jhall be impj[oned durinf^ life. 6. That he Jhj/I KOt afpoachwiihin Twelve miles of the Court, or Prince, WOT of the Kings High Court ufnaliy held at Weftminfter. 7. yind that the Kings Majejiy jhali have the profit of his Lands for life, und all his Goods and Chattels fo forfeited -, and that he jhall undergo Ftnc and Kanfome, which rvas fet at Ten thoufand pounds. 8. Di fabled to hold or receive any offfce under the King, or for the Com- wonwealth. p. That hepa/l be ever held an infaniom perfon. I o. Jnd his Majcfly added thereunto perpetual BAnifJment. Sir Francis Michel, a Projedor, and Nompeffons Compaitner , was fined One thoufand pound, degraded and impnlbned in the lame place in Finsbury Fields, which he had prepared for others ; For the Tower was thought £00 honorable for fuch a perfon. Herodelikevvife h-om Weft- minfter into London with his face to the Horfe-taii. Likewife the King revoked his Letter Patents, Commiflions, and Proclamations concern- ing Inns and Ale-houfes , and the Manufadures of Gold and Silver Thred. To thefe Reformations the King gave encouragement by his Third Speech in Parliament, wherein he declared much aaainll Corruption and Bribery in Judicatures ^ profeffing, That no perfon lliould be preferred before the publick good, and that no offender ihould go unpuniflied. In the fame Speech he gave them thanks for the Subfidies given in the begin- ning of the Parliament, and for the Title of the Grant, and proceeded to open his prefent ftate in relation to his Son in Law, the Prince Eledor Palatine •, how the fnras granted by the Ad of Subfidy were taken up be- forehand for the defence of the Palatinate, and the maintenance of his Children expelled out of their Countrey, and for the raifingof an Army for that recovery : That he had procured a (hort Truce^ and did hop€ to obtain a general peace. But the charges of fending Ambafladors over Chriftendora, or an Array into the Palatinate, incal'e a peace Were not fetled, could not be borne, butby the Grant of more Subfi-dies. More- over he protefted betore God, That he would not difl'olve the Parliament till the matters in agitation were finiihed. Soon after the Lord Chancellor JS4f<);? was proceeded againft, and a Conference of both Houfes was held concerning him : Where, firft, the Commons obferved his incomparable good parts, which they highly commended •, fecondly. They magnified the place he held, from whence Bounty, Jufticc, and Mercy, were to be diftributed to the Subjefts ^ whi- , and trom whence there was no Appeal, done, fave to the Parliament. Thndly, He was accufed of great Bribery and Corruption in this eminent place, and the particulars were laid open : Then they concluded that this mattq: which concerned a perfon offo great eminency, might not depend long before their Lordiliips •, but that the Examination of Proofs be expedited, that as helhallbe found upon tryal, either he or his accufers might be punifiied. After this the Marquefs of Buckingham, Lord Admiral, declared to the Houfeof Lords, That he had received a Letter from the Chancel- lor, exprelfing, tliat he was indifpofed in health, but whither he lived or died, he would be glad to preferve his Honor and Fame as far as he was worthy, definng to be maintained in their good opinions without prejudice. ther all great Caufes were drawn in cafe of injuftice, or wrong Hi^orical CoUeBions. 25? B D prejudice, till his caufe was heard - that he fliould not trick up Innocency with caviibtion, but plainly and ingenuoufly declare what lie knew or remembred - being happy, that he had fuch Noble Peers, and Reverend Prelates to difcern of his Caufe : That he defired no priviledge of great- ncfs for fubterfuge of guilcinefs, but meaned to deal fairly and plainly with their Lord(hips , and to put himfelf upon their Honors and Favors. But the Charge came home upon him, infomuch, that he abandoned all defence, and onely implored a favorable judgment in this humble Sub- miflion and Supplication to the Houfe of Lords, Maj it flca[e 'jOur Loriifhips, IF ISha/l humbly crave At your hands a heni^n inteypetnt'ion of that which J (hall norv write : For words that come from wa(led(prits, and opprcffed mindes, are more fafe in being depofited to a noble conflruBion, then being circled with any referved Caution, This being moved (and as 1 hope obtained of your L ordfhips) as a proteBi- on to all that ifltallfay, 1 Jhall go on ; but with a very ftrange entrante, as may fetm to your Lordfhips at frfl : For in the mid fief a flate of as great affliciion as I think a mortal man can endure ^Honor being above Life) ipallbegin with the profffin^ of gladnef in fome things. The fir ft is. That hereafter thegreatnefof a ^udge or MagiFtrate, fhallbe no fan^uary or protection to him against guiltinef, which is the beginning of a Golden Work. The next. That after this example, it is like that fudges will ftie from any thing in the Itkenef of Corruption (though it were at a great di fiance j as from a Serpent •, which tends to the purging of the Courts of justice, and re- ducing them to their true honor andfplendor. Andinthefe two points (Cod is mywitnef?) though it be my fortune to be the Anvile upon which thefe two effects are broken and wrought) / take no [mall comfort. But to paf from the motions of ?ny heart, (whereof God is my ^udge) to the merits of tny Caufe, w hereof your Lordfhips are fudges, under God, and his Lieutenant •, / do un- der ft and there hath been heretofore expeBed from me fome jufliftcation-, and therefore I have chofcn one onely juftification, inftead of all others, out of the jufli feat ion of Job. For after the clear fubmifion and confefiion which ifhall now make unto your Lordfhips, i hope I may fay and juflifie with Job in thefe words, I have not hid my fin as did Adam, nor concealed my faults in my bofome. This is the onely juflifcation which I will ufe. It re fteth therefore, That without Fig-leaves J do ingenuoufly confef and\ acknowledge, that having underftoodthe particulars of the Charge, not formally from the Uoufe , but enough to inform my confcience and memory : i finde matter ft'-fficient and full, both to move me to dafert my Defence, and to move your I ordjlips to condemn andcenfureme. Neither will I trouble your Lord- Jliips by fingling thefe particulars whjch i think might fill of. Quid te exem- pta juvat fpinis de pluribus uva :" Neither will I prompt your Lordfhips to oh- ferveupon the proofs where they come not. home, or the fcruple touching the credits of the IVitneffcs. Neither rvill I reprefent to your Lord/hips, how far a Defence might in divers things extenuate the offence, in refpeSt of the time and manner of the guilt , or the like circumflances •, but onely leave thefe things to [pring out of your more noble thoughts, and obfervatiofis of the evi- aence, and examinations themfelves, and charitably to winde about theparti- cuUrs ip ^acobi. V Hiflorical ColUBions. An. i62i. culars of the charge, here .wd there, .tsGodjhillfuttntoyoHrmsndc, and [9 fubrfiit mj {elf ivhoHy to your Pielj and Grace, And now I have fpoken to your Lordflnps as fudges-, I fj}allfjy aferv words tfnto yoit as Peers and Prelates, hfimbly commending mj Caiife to your noble mtndes, and may? Quimus Maximus •, who being upon the paint to be fentenced, w.ts by the mtercefion of (ome particular perfons of the Senate [pared: Whereupon Livie maketh this grave andgratiot^s obfer- vation, Neque minus firmata eft Difciplince Milicaiis periculo j^uinti Maximi, quam miferabili fupplicio Titi Uanlii. The Difcifline of War was no lef e(lablifl)cd by the queftioning of Quintus Maximus, then by the punijhmcnt of Titus Manlius ^ and the fame reafon is in the Reformation of ^uflice. Forthequcfltoningof men in eminent places, hath the fame terror^ though net the fame rigor with the punifhment. But my Caufe (lays not the-re •, for my humble defire is , That his Maje(ly would take the Seal into his hands, which is a great downfal, and may ferve I hope m it [elf for an expiation of my faults. Therefore if MtrCy arid Mitigation be in your Lordjhips power, and no way croj? your ends. Why jhould I not hope of your favor and commiferation ? Tour Lordfhtps will be plca[ed to behold your cheii pattern, the King our Soveraign, a King of incomparable Clemency, and whofe heart is inJlruBable for Wifdom and Goodnef'j And your Lord(hips will remember there fate not thefe Hundred years before, a Prince in your Hou[e, and neverfuch a Prince, whofe prefence defervcth to be made memorable by Records , and ABs mixt of Mercy and ^uflice. Tour jelves are either Nobles (and compaf^ion ever bcateth in the Feins of Noble Blood) or Reverend Prelates, who are the Servants of him that would not break the bruifed Reed, or quench the fmoaking Flax. Tou all fit upon a high fl age, and therefore cannot but be fenftble of the change of hu- mane conditions, and of the fall of any from high place. Neither will jour Lordfhtps forget, that there are Vitia tempori-s, as well /*f Vitia hominis •, and the beginning of Reformation hath the contrary power to the Pool of JiethMi -J for that had (Irength to cure him onely that was firfl caft in, and this hathflrength to hurt htm onely that is firfl caft m j and for my fart J wifJj it may flay there, andgo no further. Lafll), I affuremy felf, your Lordflnps have a noble feeling of me, as a member of your own Body, and one that in this very Se(Sion had fome taflecf your fovm^ affefiiens , which I hope was not a lightning before the death of them, but rather a (park of that grace which now tn the concluf on will more appear : And therefore my humble fuit to your Lordflnps, is. That my penitent Submifionmay be my Sentence, the lofi of my Seal my puniihment, and that your Lordfhtps would recommend me to his Maje flies Grace and Pardon for all that ispafl. Gods holy Spirit be among you. The Parliament not fatisfied with this general Acknowledgment, do require B C D Hisioncal Colleaions. require the Chancellor either toconfefs the particulars of the Charge, or they would defcend to proot agamft iiim. Hereupon hecametoan exprefs and plain Acknowledgment, even to contefs his Servants receipt of a dozen oF Buttons, as a gift in aCaufe depending before him-, and put himfelf upon their Lordfhips Mercy. And he lurther faid, " That he " was never noted for an avaritious man •, and the Apoftle (luth, Cove- '^ teoafnefis the root of all evil -, and hoped their Lordfliips did finde him " in a ftate of Grace , for, that in all particular charges againft him, " there were few or none that w'erc not almoft two years old : Whereas "thofe that have the habit of corruption, do commonly waxworleand " vvorfe ; and for his eftate it was fo mean and poor,That his care was now " cheifly to fatisfie his Debts. The Lords afterwards pronounced him guilty of the Chai-ge exhibited againft him, and in the ptefence of the Commons gave Sentence , That he jhould undergo Fine and Ranfome, and be made incafable to bear office, &c. B This Learned Peer, eminent over the Chriftian World for his many Writings extant in Print, was known to be no admirer of Money, yet had the unhappinefs to be defiled therev/ith: He trealured up nothing either for himfelf or his family, for he both lived and died in debt •, he was over indulgent to his Servants, and connived at their takings, and their ways betrayed him to that error- they wereprofufe and expenfive. and had at command what ever he was mafter of. The gifts taken were fox the moft part for interlocutory Orders •, his Decrees were generally made w^ith fo much Equity, that though gifts rendred him fufpe>fled for injuftice, yet never any Decree made by him was reverfed as unjuft, as it hath beenobferved by fome knowing in our Laws. About the fame time Sir Hem'^ leherton was accufed by the Com- mons •, who by charging him, rendred him the lefs oS^ender -, and he thereby had the opportunity to fpeak that at the Bar, which he durft not fay in the Tower , where he was yet a prifoner upon a late Sentence in tlie Star-chamber, for pafling fome Claufes in the City Charter, when he was D Attorney General, not agreeable to His Majefties Warrant. The matter charged againft him by the Commons, was for committing divers per- fons for not entring into Bonds to reftrain their own Trades : That he 4lgned Dormant Warrants, having no Authority for the fime : That he advifed the Patents of Gold and Silver Thred, to be refumed into the Kings hands, conceiving the fame to be a Monopoly, and advifed the Patentees to proceed by Contra^ with the King : That Four thoufmd ^(0 Warranto s were granted by him touching the Patents of Inns, and but two to come to trial : " That he commenced divers Suits in the Ex- chequer, touching the Gold and Silver Thred, but did notprofecuce the fame. Which Charge being read unto him, he faid. He thought himfelf happy in the midft of His Majefties disfavor, that His Majefty was pica- fed to caff the Grace upon him, as to fend him to this Honoi»able Houfe 5 That Innocence hath her prefent Anfwer, but Wifdom requires time, Therefore he made it his liumble luit,for time to give his further Anfwer •, adding withal. That the cheif Complaint againft him was concerning the two Patents of Gold and Silver Thred, Inns and Ofteries. He faid, That if he deferved well of His Majefty, ix was in that matter ; That the King and Subjeds were more abufed by that Patent, tjien by any other ^ and that he fuffered at that day for oppofing tliat Patent as he took it. The ig ^acebi. Sir Herry ac- cufed by the Commons. '»') ^-^ Htjlorical CoUeclions, Tlie King being informed of this' paffage in his Speech, came in perfon to the Houfe of Peers, took notice thereof, faying. It fecmed ftrange unto him, that Sir Henry teherton fliould be queftioned here upon any thins, fave the Patent of Gold and Silver Thred : For His Majefty did not conceive that any matter was complained of againft him touch- ing the Inns and Ofteries, whereof he was alfo examined : Touching which Patent Momfe([on had made complaint to His Majefty, that 7eher- ton refufed to fend any Proccs of ^o Warranto againfta multitude of Innkeepers ^ and His Majefty accepted Tehcrtens modeft Anfwer, That he mifliked thofe proceedings againft his Suhjcds. His Majefty to clear himfelf, did lay open the many former juft millikes which he had againft Sir Henry, and his gentle proceedings againft him for the fame. And when His Majefty intended toqueftion him, Buckingham, Lord Admiral, befoughthim not to think of any private wrongs done to his Lordlhip •, His Majefty added. That in the Examination of the bufinefs touching the Charter of London, Teherton had firft juftified himfelf by His Ma- jeftics Warrant ; and that by that Warrant, he might have given away all London from him -, yet at length he made a good Submiflion in the beginning, but in the end he faid he had not wronged His Majefty in his Prerogative. And fith that now reherton doth tax His Majefty, that he fuftered for his good fervice done. His Majefty requires the Lords who are able to io him Juftice, topunillr Telverton for his flander. Sir Henry Telverton coming fliortly after before the Lords, gave his particular Anfwer to each particular charge infene temforis, and fpake m.oreover as foUoweth, '' T Cannotbutprefent my felf thisday before Your HIghnefs, and my " J-Lords, with much tear, with more grief ^ for I am-compalTed with fo "many terrors from His Majefty, as I might well hide my head with ^^ Adam. His Lordfhips difpleafure (meaning Buckingham) wounds me " more, then the confcience of any thefe fads ^ yet had I rather die, then " the Commonwealth fhould fo much as receive a fcratch from rae. I "that in none of my actions feared that great man, on whom they (yiz, " Sir Edward Fillers and Sir Giles Mompejfon) did depend, much lefs would " I fear them who were but his ihadow. But my moft Noble Lords,know. " ing that my Lord of Buckingham was ever at His Majefties hand, ready " upon every occafion to hew me down, out of the honeft fear of a Ser- " vant not to offend fo gracious aMafter as His Majefty hath ever been " to me, I did commit them {,'videlicet ) the Silkmen. And fpeaking concerning the Patent of Inns, he faid, *' I cannot "herein but bemoan my unhappinefs, that in the laft caufe laboring by '' all lawful means to advance the honeft profit of His Majefty • and in " this (with the fight almoftof my own ruine) to preferve His Majefties "honor, and the quiet of the people, I am yet drawn in queftion, as if I " had equally diihonored His Majefty in both. " When Sir Giles faw I would not be wooed to offend His Majefty in " his direction, I received a Meftage by Mr. Emmerfon, fent me from Sir " Giles, That I would run my felf upon the Rocks, and that I (hould not " hold my place long, if I did thus withftand the Patent of Inns, or to "tins efteft. Soon after came Sir G//^^ himfelf, and like an Heiauldat " Arms, told me to this effed. He had a Meflagc to tell me from the " Lord of Buckingham , that I fliould not hold my place a moneth, if I "did not conform my felf in better meafui-c to the Patent of Icns;; for "my B D Hi^orical CoUeBwm, B ID " my Lord had obtained it by his Favor, and would maintain it by his " Power : How could I but ftartlc at this MeflTage , for I law here was a " great affuming of power to hirafelf, to place, and difplace an Officer- I " iaw my felf caft upon two main Rocks, either treacherouHy to forfake " the (landing His Majcfty had fet me in, or elfe to indanger my felf by " a by blow, and fo hazard my Fortune. *' I humbly befeech your Lordfliips : Nature will ftruggle when Ihe " fees her place and means of living thus alTaulted ; for now it was come " to this, Whither I would obey His Majcfty, or my Lord, if Sir Gilei " fpake true. Yet 1 refolved in this to be as ftubborn as Mordecai, not to " ftoop or pafs thofe gracious Bounds His Majefty had prefcribed " me. " Soon after I found the Melfage in part made good-, for all the pro- " fitsalmoftof my place were diverted from me, and turned into an un- " ufual Channel, to one of my Lords Worthies, That I retained little " more then the name of Attorney. It became fo fatal and fo penal, that " it beame almoft the lofs of a Suit to come to me. My place was but as " the feat of Winds and Tempefts. " Howbeit, I dare fay if my Lord of BHchingham had but read the " Articles exhibited in this place againft Hugh Spencer, and had known "the danger of placing and difplacing Officers about a King, he would " not have purfued me with fuch bitternefs. But my oppofing my Lord " in this Patent of Inns , in the Patent of Ale-houfes , in the Iridi " Cuftoms,and in Sir Roheri Nantons Deputation of his place in the Court '' of Wards:Thefe have bin my overthrow,and for thefe I fuffer at this day " in my Eftate and Fortune (not meaning to fay, I take it, but as I know) " and for my humble oppofitions to his Lordftiip)above Twenty thoufand " pounds. The King hearing of this Speech, commanded the Lord Treafurer to acquaint the Houfe of Lords , That heunderftood tho^iTelverton being called before them the other day as a Delinquent , anfwered not as a De- linquent, but as a Judge, or accufer of a Member of that Houfe the Lord of Euckinghamt, faying, He fuffered for the Patent of Inns, or to that effe(5t : That he was fo far from excufing or extenuating of his Of- fence the laft day here , that he hath aggravated the fame. Wherefore HisMajefties pleafure is, That himfelf will be judge of what concerns His Majefty -, for that which concerns the Lord of Buckingham^ his Lord- (hip hath befought His Majefty that that might be left to the Houfe , and fo His Majefty leaves that wholly to their Loidfhips. The Lords made an humble Return to His Majefty, That forafmuch as he was once pleafed to make their Houfe Judge of thofe words former- ly fpoken by Sir ^/fwry rf/^'fr^^;7, which touched His Ma jefties Honor, that His Majefty will be pleafed not to refume the fame out of their hands, but fo far to tender the Priviledges of their Houfe, as to continue his firft refolution, which afterwards the King condefcended unto. The Lords firft examining Emer[on (who varied in the matter he was examined about) proceeded to Sentence Sir Henrf relverton,noi upon the Charge exhibited againft him by the Commons, but for the words fpokenby the by -, and declared. That the faid Sir Henrf Tehertm for his Speeches uttered here in the Court, which do touch the Kings Majefty his Honor, ftiall be fined to the King in Ten thoufand Marks, beimprifoned during the Kings pleafure, and make a Submiffion unto His Majefty. And F for 3+ Hijiorical CoUeBtons. An. 1621. Oondomar re- viled and af- laulred in Lon- don fheets. Sir Rob. Man- [el fenc inro the Mcditerra- ne,tn Sea. The Emperor calls in quefti- on the Au- | thoi s of rhe Commotions in E^iemitt. I for the fcandal committed in thefe words of his againft the Lord Marqaefs of Btickinghdm, That he lliould pay him Five thouiand Marks, and make hisSubmiflfion. As foon as the Judgment was pronounced againft hmi, the Lord Mar- qucfs of Buckingham ftood up , and did freely remit him the faid Five thoufand marks •, for which Sir Henry humbly tlianked his Lordlliip, and the Houfe of Peers agreed to move His Majefty to mitigate Sir Henry ydvertons Fine, and tlie Prince his Highnefs offered to move His Majefty therein-, which accordingly was done, and Sh Henry was fet at liberty, the Duke reconciled to him ^ he afterwards preferred to be a Judge, and was efteemed a man Falde eruditm in Lege. But the Treaties with the Emperor and the King of Spiin were much difrelilhed ^ Gondomar h^adraxied. the peoples fury, and was reviled and aflaulted in London ftreets : Whereupon the day followmg the Privy Council commanded the Recorder oi London to be careful in the ftrift Examination of an Infolent and Barbarous affront offered to the Spanifh Ambafliidor, and his people, for which the Kmg would have exemplary Juftice done. And foiafmuch as His Majefty was informed that there was a fellow already apprehended, though not for caftmg ftones or threatning the Ambaffadors perfon, as fomc are faid to have done-, yetforufing railing fpeeches againft him, calling him Divcl, or words to that purpofe, it was His Majefties pleafure that that fellow without any further delay, on the morrow in the forenoon, be publickly and ihirply whiptthorow I London, beginning at Algate, and lb through tlie ftreets, along by the I place where the affront was offered, towards Fleetftrect, andfotoTem- pIc-Bar, without any manner of favor. The people were enraged at cWi?/vz,tr, through a perfwafion that he abufed the King and State to advance thedefigns of Spam. By means of his power with the King, he had transported Ordinance and other warli ke Proviiians to furniih the Span, ill Arfenals ^ and it was be- lieved that heunderhand wrought thefending of Sir Roh.Manfel into theMe- ditcrranean Sea, to fall upon the Pirates of Algier. The Merchants of this Kingdom by them much infefted, being alfo induced to move tor this Ex- pedition, wherein the Englilh ffeet performed gallantly, and advancing within the reach of Cannon and fmall fli j)t, which from the Land Hiowred like Hail upon them, fired the Pirates Ihips within their own Harbor. Nevcrthelefs hereby our Strength was diverted, our Treafureexhaufted, and the Spanilh fleet and Mer hanrs fecured from thofc Robbers, and Sfain left at liberty to alfift in fubduing the Palatinate. In the mean while our Kings Affairs in Germany, notwithftanding the many Complaints, grew more and more defperate. In Bohemia the Emperor ha\ring well nigh fubdued and fetled the Country, proceeded to the Tryal and Execution of the Authors of the late Commotions -, fome were condemned to perpetual imprifonment, and others to death ■ and the Heads of many eminent perfons were (ixt on the Towers in Prague, ani their bodies quartered. After this the Em- peror began both in Auflria and Httngaria to imprifon divers that aflifted tlie Bohemians, and caufed Proces to be made againft them. The Marquefs of ^agerndorfe who ftirred in the County of Glatsburgh, and raifed forces- byCommilhon from t\\t^\t(kox Palatine, publilhed Letters againft the Executions in Bohemia, zs cruel and barbarous. I The Emperor put forth an Anfwer, and faid. That the Marquefs pub- ilirtied thoie things maliciouQy -, forafmuch zsm Bohemia wastheOrigi- ' ^ nal Hijlorical CoUeHions. 35 nal fedition, and the head that infedcd the members : That fome few perfons. Authors of the troubles, not in hatred of their Religion, but for their Rebcllionj have been punirtied by the hand of Juftice. And he de- clared further. That the like exemplary Juftice Qiould not be done in other places, but that the Articles of the Peace ihould be obferved. By this time the Parliament having fate about four moneths. King ^ames was defirous to give them a time of vacancie. The Lord Trea- furer by the Kings command declared unto the Houfes, That his Majefty by the advice of his Privy Council thought fit to adjourn the Parliament left the feafon of the year, by the continual concourfe of people, ihould caufe Infe(5l:ion. Alfo, that the Lieutenans and [uftices might be in the Country -, And the Adjournment keeping the Parliament ftill in being , was better then Proroguing. That his Majefty had already redrelTed cor- ruption in Courts of Juftice,and by his Proclamation called in the Patents of Inns, ofOfteries, and of Gold and Silver-Thread, and cherillicd the Bill againft Informers and Monopolies. The Commons were troubled at this MelTage, and defired a Con- ference with the Lords, and moved them to petition the King to forbear the Adjournment. The King takes notice of it •, and the Treafurer ac- quainted the Lords, that a Petition of this nature could not be pleafing to his Majefty, it feeming to derogate from his Prerogative, who alone hath power to call, adjourn, and determine Parliaments. The Commons, at a further Conference, declared their hearty forrow and pallionate orief at the Kings refolution -, which they faid cut off the performance of what they had confulted, and promifed for the Publique weal. The Lords fitting in their Robes, the King came and made a Speech, takes notice of his Meftage to both Houfes, and gave their Lordfiiips thanks for obeying the fame, and acknowledging his power to call, ad- journ, and diflblve Parliaments, and for refufing to join with the Com- mons in the Petition for Non-adjournment. And whereas fome had given out, that no good had been done this Parliament 5 He put them in mind, that the two Patents grievous to the Commonwealth were called in, and that the Parliament had cenfuied the Offenders for an example to all ages. And if they defired it, he offered them eight or ten days longer fitting to expedite Bills -, but faid, that at the requcft of the Commons^he would not grant it. The Lords had a Conference with the Commons •, after which they moved the King to continue their fitting for fourteen days, which was granted, and the Commons were fatisfied with the re- folution of Adjournment. A Committee of both Houfes afterwards attending the Kin», he told them how ill he tookit,that the Commons fiiould difpute his reafons of Adjournment •, all power being in him alone to call, adjourn, pro- rogue, and diflfolve Parliaments. And on J'um 4. he declared for an Ad- journment till November following • And that he will in the mean time of his own authority redrefs Grievances. And his Majefty as General Biiliop of the Land,did offer his prayers to God for both the Houfes •, and admoniflied them. That when they go into the Country, they give his people a good accompt and fatisfadlion both as to the Proceedings, and to the Adjournment of the Parliament. The Houle of Commons immediately before their recefs, takinc^ to eart the niiferies of the PaUtin/itc, refolved that tlie drawing back in fo ood a Caufe lliould not be charged on their flacknels-. And thereupon rew up tliis following Declaration with an univerfal confent. ip ^acohi. The King in- tends to ad- journ the Parliamenr. The Com- mons take it (IOC well. The King re- fents ir. 3<5 Hiftorical CoUeHions, rhe Ccm- mons Declara- tion touching the Palatinate. The King by Proclamation reforms the lategrievances handled in Parliament. Puts forth an- other Procla- mation againft Talking of Statc-aifairs. The King is follicitcdfrom Sf'iin to en- large his fa- vors towards Catholicks. T\^t Common)? acremMcti tn parliament tafeing into mo8ffnou0 conaDcration ttic p?efcnt Gate of tOc IHmgs CiiilDjcn ab?oaD, anD tOe gcnevaUp atfticteli caate of ttje true f:)?ofcCfo?.s of ttie fame C[;?taian Eeligion p?ofetreD bp ttje Cfjurcl) of England, tn jFo^eign partes -, ^nD being toutbeD toitb a true fenfe anD feHoi^'falins of tbeir Diareffe^, 80 $lRember0 of tbe fame XoDp, Do toitbunantmou0tonfentintbenamc of tbemfelbeg, anD tbe tubole boDp of tbe !KtngDom C U)t)om tbep rep?e' fent ) Declare unto \)i& mott ejctellent ^ajeap, anD to tbe Woole OIIoilD, tbeir bcartp grief anD fo?rotD fo? tbe fame •, anD Do not onip jom tottb tbem m tbeir bumble anD DeUout p^iper^ unto 3llmigbf p ©oQ to protect W true Cburcbj anD to abect tbe Dangers notu tb^eatneD, but alf o twitb one beart anDbotceDo folemnlp p?oten, Cbatif ^i^ ^aieatee pioue enDeat)o?0 bpCreatp, to procure tbeir peace anD fafetp, Ojallnot tabe tbat «cdD eefea tobicb iisDefireD in Creatp, (OiHberefo?e tbep bumblp befeecb i>t0 ^ajeOp not to fuffer anp longer Delap ) Cbat tben upon figniecatton of ?)!0 ^ateaic0 pleafure m parliament, tbep ff-all be reaDp to tbe utmofl of tbeir poia)er0, botb toitb tbcir Itbes anD fo?tune0 toatfifl bunfo, 80 tbat bp tbe iDtbine belp of ^Imtgbtp (S5oD (tcbicb t0nel)ertoantingunto tbofe tJ3!)o in \)i<& fear fljall unDertafee tbe 2?C' fence of bt0 otjjnCaufe) ^t map be able to Do tbat tsjitb W ftoo^D, tobtcb ^V a peaceable courfe l|)all not be effeaeD, After the recefs of Parliament, the King by Proclamation declared his Grace to his Subjedls in matters of Publique Grievance : And taking notice that rsany great affairs debated in Parliament could not be bronghc to perfeftion in fo fliort a time, And that the Commons thought it con- venient to continue the fame Seflion in courfe of Adjournment ^ And withall obferving that divers of thofe Particulars required a fpeedy deter- mination and fettlement for his peoples good, and that they are of that condition and quality, as that he neeokth not the afTiftance of Parliament to reform the fame, and would have reformed them before the Parlia- ment, if the true ftate of his Subjeds Grievances had been made known unto him •, He hath determined, and doth declare an immediate redrefs therein by his own Regal authority, as in the bufinefs of Informer?, of Mifcarriages of Minifters in Chancery, of the Patents for Gold and Silver-Thread, for Licenfing Pedlers and Petty-Chapmen, for the fole Drefling of Arms, for the Exportation of Lifts and Shreds, and for the fole making of Tobacco-pipes, Cards, and the like. And befides the redrefs ofthefe Grievances, he will enlarge his grace unto other kindes for the Subjeds eafe •, And that both his own, and the ears of his Privy- Council fliall be open to his Peoples modcft and juft Complaints. Moreover, a fecond Proclamation was ifliied forth againft Excefs of Licentious fpeech touching State-affairs : For notwithftanding the ftrid- nefs of the Kings former Command, the Peoples inordinate liberty of unreverend fpeech increafed daily. Wherefore the King threatned fe- vcrity as well againft the Concealers of fuch Difcourfes, as againft the boldnefs of Audacious Tongues and Pens, On the Tenth of^«/y, ^ehn Williams Doclor of Divinity, and Dean oiWeflminsier, was fworne Keeper of the Great Seal oi England. The King was plyed from Sfain^.nd Rome^ to enlarge his favors to Popifli Recufants -. For, reports were then brought to RemCy That tlie Catholicks of England, Scotland^ and Ireland were cruelly ufed. And be- ' fides Htjlorical CoUeUions. V B ID fides this there went a rumor, that King ^nmes in a Speech in Parliament had declared. That notwithftanding the Marriage with S^dn^ the Englifti Catholicks fliould not be one jot in better condition. But the King did no more then this, " That if any of that party did grow infolent, let his " People count him unworthy to reign, if he gave not extraordinary pu- "nifhmcnt. Thus was the King entangled in the ways which he had chofen : For it was not poflible for him at once to pleafe his People, and to fatisfie his Foreign Inrerefls. About the fame time the Lord Bighf^ who was fent Ambaflador to the Emperor, had Audience at Vienna, The principal heads of his Em- baflie were thefc. Tlnit the Elector Palatine, and the Children of the King of Great Britain his Ma(hr, might be rccei'ued into the Emferors favor, and rtflored to all their Hereditary Goods, and the Prince Elector himfelf to the Title which he enjoyed before the troubles of Bohemia : 7 hat the Ban Imperial fublifhed againji him fhould be revoked, and the execution thereof fu(pendcd •, tvhich being done, the King e/ Great Britain mil undertake that the Palatine fljall render due obedience to his imperial Majefly, and fubmit to Conditions meet and ho>uB. To thefe Demands he received Anfwer, '' That the Emperor had a " very good will to gratifie the King of Great Britain, and thofe other " Kings and Princes that had made the fame requeft for the Palatine : Bqc " heeould not grant it, becaufe the Palatine to this hour ufeth the Coun- " fels of many of the Eledors and Princes, in oppofition to the Emperor ^ *' And when the Emperor had agreed to a Ceffation of Arms, according " to the defires of the King of Great Britain, and b'di ordered the fufpend- " ing of all Hoftility in the Lower Palatinate, at the fame t\me the Pdatine " gave Commiflion to raife Forces and do ads of Hoftihty, which was "put in execution by Count Mansfeld and Marquis ^agerndorf, to begin " new troubles in Bohemia, Silefia, and Moravia. Neverthelefs the Empe- " ror having appointed an AiTembly to meet at Ratisbone, will there make '*^ known the defires of the King of Great Britain, who rtiall know what " Refolution is there taken concerning the Palatine. Albert Archduke of Flanders , at the requeft of King J-ames, had made interceflion for the Palsgrave, After his deceafe, the Archduchefs his wife continued the fame mediation by Letters to the Emperor. And withall, the Kings Ambalfador further propofed thefe Conditions for a Cedationof Arms, and a Surpenfion of the Ban Imperial ; That Manf- feld and ^agerndorf lliall obferve the Agreement, otherwife the Prince Palatine Hiall revoke their Comraiflions, and declare them his Enemies and that their Garrifons in Bohemia lliall be rendred to the Emperor. The Emperor anfwered the Archduchefs, That the Archduke her husband in his life-time had exceedingly recommended the Interpofition of the King of Great Britain, and the great prudence of that King in not approving the Adions of the Palatine : Which Recommendation,as to a TreatyandCeifationof Arms, he fliall entertain, and confuk thereupon with the Deputies of the Elediors and Princes of the Empire. The Englifli Ambafl'ador departed from Vienna to the Duke of Ba- varia , who had then entred the Upper Palatinate, and had publi(hed the Emperors Declauation againft Mmsfeld and his Adherents, and ex- horted the States and Princes there to execute the lame ^ and the rather, for that he had not heard of any King, Eleftor, Prince or State, no not fo much as the King of Great Britain, that had approved the fedicious Revolt oi the Bohemians, except fome few States and Princes who for intereft 19 ^acobi. The chief heads of the Lord Vigbfs Embairie to the Emperor. The Empe- rors Reply to thofe De- mands. The L.ftigby's fecond I'ro- pofal to the Emperor. The Empe- rors Anfwer. The Engliai Ambalfador ?oes to the Duke of Ba- 58 Hi^orical ColleBions. An, 1621J The Empe- rors Letter to Don Balta- ^rtc de Zuniga intereft did countenance the fame. The Ambaffador found the Bavarian ading hoftility and committing great fpoils in the Country, and refolving to rejeft all Propofitions of Peace or Ceffation. Nor could the Emperor agree upon any Truce without the Duke of Bavaria: Firft in refped of his agreement neither to make War or Peace without the confenr of the faid Duke ^ which happened, becaufe upon the former Truce made with the Archduke, the Soldiers that werein the Lower Palatinate^ and wanted employment, came up into the Higher Palatinate to Count Mansfcld, and much infefted the Duke of Bavaria. Secondly, in regard the Duke of Bavaria had a great part oiAtijlria in pledge for his fatistadion. Thirdly, becaufe the Emperor was barred from all other paffages but x\\xo\i2^\\Bava- ria, by Bethlem Gahr,^agerni^0rf,md Budiani, And the Duke,upon receipt of the Emperors Letter touching the Truce, fent the Lord Dighy a de- riding Anfwer 5 That there rvus no need to labor for a. Truce, for the Wars were at an end, in that he agreed with Count Mansfeld •, nor did he doubt of keeping both Palatinates in peace, till the Emperor and Palfgrave were agreed. So the King received but a {lender return of the Lord Digbjs Embaflie to the Emperor for the reftoring of the Eledor Palatine. But the Em- perors full meaning in the bufinefs naay be found at large in his own Letter to Don Baltazar de Zuniga^ a prime Councellor of State in Spain^ to be by him reprefented to the King his Matter, to this eflfect. Tfiat beholding the admirable providence of God over him, he is botmd to ufe that me ft notable yicftry to the honor ofCod^ and the extirpation of all Seditions and TaBions, which are noun^cd chiefly among the Calvinifts •, left that judgment which the Prophet threat ned the King of Ifrael (hould faff upon him-, Becaufe thou haft difmiffed a man worthy of death, thy foul mall be for his foul. T/^f Palatine keeps new in Holland, not only exiled from the Kingdom which he rafhly attempted, but de(poiled almolt of all his own Territories, expeBing tis it were the la ft calf of Fortune : whom if by an impiotis kind of commiferation,and his fubtile petitioning, he ft)all be perfwaded to reftore, and nourijh in his bofom as a trodden half-living fnake, what can he expeEl left hen a deadly ft mg from him, who in regard of his guilt can never be faithful^ but will alway gape for eccafions to free himfelf from his fears, andthegenim of whofe feB will make him an Enemy, or an unfound Friend, to the Houfe of Auftria, and all other Catholick Princes. wherefore ftrmly casting in his mindc, that f^f Palatine cannot be rc- pred, He hath freely offered the Eleftorate to the Duke of Bavaria, amojl eager Defender of the Catholick caufe ; by which means the Empire will always remain in the handofCatholicks, andfo by cenfecfuence in the Houfe <7/^ Auftria : And in fo doing he (hall take away all hope from the Palatine, and thofe that follicite (o importunately for his reftitution -, And it is to be. hoped that the Lutheran Princes, efpecially the Duke of Saxony, will not fo far difa/low this tranflation as to take up Arms , feeing Charls the Fifth upon a far lighter caufe deprived John Frederick D«^tf 0/ Saxony of the Eledorare, and conferred tt on Maurice this Dukes great Uncle ■• Be fides, no lefis the Lutherans hatred of the Calvinifts, then of the Catholicks, Such were the effeds which tlie Kings Treating had wrought with the Emperor. The Parliament that was to meet November the Fourteenth, the King by Proclamation adjourned to the Eighth oi February, and exprefted the caufe to be the unfeafonablenefs of the time of the year. But this long B D Hifiorical ColleHwns. W B long jjff(?/ was (hortned, and, the King declared. That upon Important ip J-acobi. Reafons he had altered his former Refoliitions , and did adjourn it for ' no longer time then from the Fourteenth to the Twentieth ot this inftant November. Upon which day it ReafTembled, and the King being abfent by rea- fonof his indifpoficion in health, commanded a Meflage to be delivered to both Houfes , by the Lord Keeper, the Lord Digb^, and the Lord Trealurer. In the firft place he acquainted the Two Houfes with His Majefties indifpofition of health , which was the occafion of his abfence at the opening of the Parliament , yet he could not fay he was ablent, fo long as he was reprefented by a Son, who was as dear to the Kingdom as to His Majefty. As to the occafion of calling the Parliament by way of Antjcedeat , he took notice of fcveral effefts of His Majefties gracious care over the Nation , fince the laft Recef of the Parliament in His Majefties anfwering feveral Petitions concerning Trade, Importation of Bullion , Confervation of Coyn in the Land , and prohibiting the Tranfportation of Iron Ordinance^ and that His Mijefty by His Pro- clamation reformed Thirty fix or thirty feven feveral matters com- plained of as Publick Grievances , all of them without the leaft Truck- ing or Merchandifing with the People, a thing ufual m former times. He further faid, That His Majefty did principally fix the occafion of the calling a Parliament upon the Declaration Recorded, and divulged far and near by the Reprefentative Communalty of this Kingdom, to affift His Majefty to carry on the War to recover the PitLtttnate ^ yet withal his Lordlliip gave an account how His Majefty was fince the laft Parliament , encouraged to travel a little longer m his pious endeavors to procure a peace by way of Treaty, and that the Lord Digby was fent Ambaflador upon that occafion, and fince returned, but not with fiich iiic- cefs as was to be hoped for. He minded both Houfes of one Heroical Ad of His Majefties fince the laft ParUament, in the advancement of Forty thoufand pounds to keep together a Body of an Army in the Lower Palatinate , which otherwife had been diflolved before this Par- liament could be aftembled : And that unlefs the Parliament take fur- ther refolution , and imitate rather Ancient then Modern principles, and be expeditious in what they do , the Army in the Palatinate will fall to the ground. And laftly. Told them that His Majefty did re- folve that this Parliament iliould continue till fevcn or eiglit days before the Feftivals, and to be renewed again the eighth of February, to con- tinue for the Enacting ot Laws and Perioding of things of Reforma- tion,as long as the neceflity of the State iliall require the fame. After the Lord Keeper had done, the Lord Digby (having received a Command horn His Majefty to that purpofe) gave a brief account of his Negotiation with the Archduke about the Treaty of Peace 5 how the Archduke confented thereunto, and writ accordingly to the Emperor and the King of Spain of his proceedings^ who alfo writ to SpinoUtovS. Ceftation of Arms, the Archduke having the Command of the Spanilh forces in Germany ■, but the Duke of Bavaria would not confent thereun- to ; and the Lord D/^^y informed the two Houfes, that by the carriage of theDnkeoi Bavaria, and by other circumftances, he did evidently dif- , cover, That from the beginning that Duke aft'eded to get unto himfelf I the Palatinate, and the* Title of Eledor. He further declared. That if 1 Count ^v The Parlia- ment begins again, Nov. 20. D The Suhftancc of the Lord Keepeis Speech. Lord T>igb/% Sptcc!]. 4.0 I An. i62i. Lord Treafu- ter's Speech. The Commons Petifcion and Rcinonfh-ance to the King. Htjlorical CoUeUions, CouQtiki4«;/f/^wasnotfpeedily fupplied, he could not keep his Army tcether. Then he gave an account, how bravely Sir Horatio Fere had be- haved himfelf in the PaUtinate, and that by his wifdom and valor, there was kept from the enemy, Heiddburg, Mainheim, and Frartkendale •, the laft of which places had then endured a moneths fiege. Healfofpoke Honorably of d'pt.Barroughs, and concluded,That the fitted Redrefs was to furnidi and keep up the Army already there-,which muft be done by fup- plies of Money , and more Forces rauft be prepared againft the next Spring, that we may have there an Army of our own for the flrengthning of thePaUtimtc^ind encouragement of the Princes of the Union. Then the Lord Treafitrer (^Ae, and acquainted both Houfes •, how empty the Kings Coffers were, and how he had afliited the Palatine, and Princes of the Union, with great fums which had exhaufted his Treafure, and that His Majefty was much in debt. Neverthelefs, though the King declared for War, he purfued Peace, and refolved to dofe with Spain, hoping to heal the Breach by that Al- liance. The Houfe of Commons before they Granted Subfides , re- folved to try the Kings Spirit by this Petitiori and Remonfirance, which laid open the diftempcrs of thofe times, with their caufes and cures, Mofl Gratious and Dread Soveraign;, w ^arltamcnt, »jIjotep?eCenttUe Conimong of ^our i^ealm. full of Ijcartp fo?i'o^) to be Dep^ibeD of tbe doiiifo^u of ^our liopal ^?cfcnce, i\)t latbcr f o? tbat it p?otccDj3 from tl^c tuant of ^our bcaltl) -, totierein tjje all unfcigncDlp Do fuffcc^ 3[n all Dumblc manner calling to minoe ^our ^raciouiS! 3(InftDcr to our former petition concermngJSle' ligion, ttitiic!) notloitbSanDing ^m\. ^aicCic/s ^iouss ant) 0^incclj> inrcntionie;, batb not p^oDutcD tDat gooD cefcct, tui^itcl) tDe Danger of tl)cfe timc0 Dotb fa-m to m to require : 3lnD finDmg Dotu ill ^cur pa|e5ie0 gootinef0 batb botn requiteD bp JPjintt^ of Different lieligion , toDo eben i\K time of Creatp babe tafeen oppo?tunitp to aDbante tbeiroton enD0, tcnDingtotljefubbcrQonof K,eligion, anDDifaDbantagcof ^our aiffair^, anD tOe €Oate of ^our (Ji:bilD?en : Xp reafon toDcreof, ^out- ill affeaeD Subjects at borne, tbe Poptd) Eerufantis;, babe tafeentoo mucb cncouraaemmt. and are Dangcrouap inereafeD in tbeir number, anD m tlieu- infolencics* Mt cannot but be f enable tDereof , anD tr;rre- fo?e bumblp rep?efent tnbat toe conceibe to be tbe caufes of fo great anD grotoing ^ifcbeifs, anD tobat be tbe EemeDtes. I. Ctie tligilanrp anD Ambition of tlje pope of Rome , anD W Dearea Son, tbe one aiming at as large a^emuo^al ^onarcbp. as t^e otber at a Spiritual Sup^ematp. II. ^I)e BebilliQj Fofitions anD l^octrtnes, tobereon poperp i^ built anD taugbt tuitb 3iutbo?itp to tljeir jfoUottiers, fo? aDDanccmcnt of tbeir€empo?alenDs* III. COe DiOreffeD anD miferable effate of tbep^ofetfoisof a-ue Eeligion in jFo?eign parts* IV. C&e 53ifatIerous acciDents to J^our ^ajeStes CbtlD?en a- b?oaD , ejcp^etfeD boitb rejopcitig , anD eben toitb contempt of tljeir perfons* V. Cbe HtHorical CoUeHions. ¥ V. Cfje Orange ConfeUeracj) of tl)ep?tncc0 of t0ci3opta)i2leltgt' 19 ^^ on, atmmg mamlp at t&e aDbanccment of t\)tit0, annfubocrtingof ~ our0, anti tafeing ttJe aDDantages conDucmg totl?atcnDuponaHocca' aon0. VI. COe gvrat anD manp ^rmie0 raifcD, anDmamtaincDatt&e charge of tljcl^ing of Spain, tIjecUeif of tDat league. V I I. €^e eipeaatton of t\)t ^apm Eeciifanrfi; of t&c ^^atclj tout) Spain, anD firDuig rljemfelt)e0 toitfi great Ijopcg of tUe confequence;^ tijcreot VIII. ClJe tnterpoGng of JFo?em pinceisanD tOeir ^grnr,0, tn tlje belialf of ^opiC[j l'^etufant0 , fo? connivance anD fabo? unto t^em. IX. Ci^eir open anD ufual refo?t to tlje \j?o\xtesi; anDtoljiclJ t> too?fe, totbedljappet^of 5Fo?eign ^mbaOfaDo?^. X. Cbeir mm tDcn ufual concourfe to t^e Cttp^anD tbeir frequent B Conbf mtcleg anD Conferences tOeve. X I. Ct)e eDucatton of ttieir €t)tiD?en in man? feberal ©emina' titis anD ll^oufes of tOetr JKeligton m jFo?etn part0, app^Jop^iateD to ttje €nglt0i jFugttibejj. X I I. €tie ubberQonof tbetrueEeligion, '2:be EemeDies againd tbefe grotoing aBbils,tobicb in all ll)umilitp toe offer unto .»our mo8 excellent ^ajeap, are tbefe. I. '^batforingtbis mebirable neccfsitp is fain upon ^our^aieQi', tobicb no CDOiftiom 0? p^obiDcnce of a peaceable anD pious feing can aboiD, ^our ^aieOp tooulD not omit tbis ju3 occaQon, fpepDilp anD effeaualip to tafic i^our ®too?D into l^cur banD» I I. €bat once imDertal^en upon fo bono?ablc anD juO grounDs, ^our ^aieaptooulorrfolbetopuvfue, anDmo?e pubUchlp aboto ibe aiDing cf tbofe of our Ecligion m lFo?ein parts, tobicb Doubtlefs tooulDrC' unite tbe pnntes anD ©tates of t\)c linion, bp tbefe DifaScrs DitlJeart' neDanDDifebanDeD. 1 G III. Cbat \ ^% Hijlorical CoUeBiom. An. J 6, 1 I III. Ctjat ^out ^ajeap WoulD p?opoCc to ^oui; %t\i to manage ' tDi^Ciaai* Wii tl^e bet! aDbantasc bp aDifaevQon o? otbertotfe, asm ^om'Offp jut)gment QjaU be fount) fittea, anD not torcfluponaKIau mtbcfepart^onclr, tjjbtcbtwiU confumc ^out Cceafure, ant) Diftoii- tagc i^ouc people. I V. COat tbe bent of x^^ ©Har, anD point of ^out @too?i3, map beagamatbat prince (tobatfoeber opcnJon of porenrp be batb) tobofe gcmie0 anb '^vcaCuresi babe fii'll DibcireiJ , anD fmce maintaineD tbe CaJarmtbe Palatinate. V. 'S:batfo?fecuringof eur^eace at borne, ^our^^aieap twiUbc pleafeD ta tcbiebj tbe part0 of our petition fo?merlp De!tbej;eD unto i^our i^aicay, anb bereunto annejceD, anD to put tn cjrecution bj) tbe care S cbotce aroninnCsioncrs! to be tbereunto cfpectallp appotnteD , tbe )Lab05ialreaop, anDbereafter tobemaDc fo? p?ebenting of Dangers; bp i^opiflj iaecufant0, anD tbeir tuonteD ebaQon^* V I . Cbat to fruarate tDeir bopeiS fo? a future age, our moCt i)3oble ip^incc map be timelp anD bappilp marrieD to one of our oton iSle ligion. V I I. Cbat tbe CbtlDjen of t\)Z iI3obtlttp anD 6entrp of tbi0 )King= bom, anDof otbers^iUaffeaeD anDfufperteDtntbeirEcUgion, notobe^ ponD tbe Sea^, map be fo?tbt»itb caUeD bome bp pour mean^, anD at tbe cbarge of tbeir parents o? isOnefe Diccttiontie D?aton to rtat LatrruDf , atiD Cjctcnt , a^ map l)?a fo?t tou& ^out #aictfic0 bountp anD gcoDnef^. 3nD tfjat not oncip jfclon^ anD Ci'i^ minal €)eFcnDer0 map tafee bencBt thereof, but tf)at<»oiirgaiO©ub jett0 map receive eafc tbevebp. inO if it Efjall fo flano Wtl> ^our gcoD plcafurf, Cljat it map ejctenti to t(je relief of tbeoIDDetit'atandBU' tie0 to tbeCrotxjn before t\)t IFirdpear of ^oia\^aicOic0iS,etsn, to t5e Difcl)arge of 3ilicnattonsf toittiout licence, anD miftiDng of libe^ rieis, anD Ouftre le Maine Moit t\}c 6r[f Summonfi! of tbi^ parlta^ ment, apD of concealeD aSiHarO(l)ip0 , anD tjot filing of liberieie;, anD Ouftre le Maines t)efo?e t\)t CtoelftD pear of ^jur ^aicfli^0 Eeign. Ci(Ui)itf)grattou0Fat)o? tooulD muclj CDmfo^t<^ourgaiD Subjects, anD eafe tbem from tejcation, ttiitb little lof^ o? pgcjuDice to^ourotnn p?o6t» 3InD toe bp our tiailp anD Deljout p^aper^ to tbe 3(ilmigbtp, tbe niobing pour ^aienp tbercunto j anD from tbem ttie DtD unDcr- QanDtbcfeparticularsf* B D F' HiHoricai CoUe&ions, I ¥ B D C(jat nottoitljaanDuig pouc l^^mcelp anDpiou0enOeat)o?,«top?o= cure peace, tl;c time 10 noto come tDat Janus CempJe mutt be openeD. Cljat ii)ti)oiu of Bellona mud be (jearD, anDnot tbeboiceof tbe Cuvtle. -ElJat t&fretra^ no |)cipeDf peace, noganptmcetobeobtaineD, no notfo?afetoDap0, Cbat pcur ^aieop muQ eitbec abanDon puc oton €Wti?en, o?en= gage pour Cc If in a CBUar, ixjbtrein conQDerattoni^ to be baD, tobat iFcot, tobat 5)D?fe, tobat ^oncp tuill be fuffictent. -^bat tbe Lctoec Palatinate tDa0 fetfeD upon bptbeSrmpof tbe fiting of Spain, a0€]cccuto? of tbe Ban tbere tn qua!up of ^ufeeof Burgnndy, 80 tbe Oppec Palatinate tuajS li]P tbe 2?Ufee of Bavaria. igDbat i^t &mg of Spain atbisiotoncbarge, baUnotoatleattatje S[rmie0onfcor. 'm^sit tbep?ince^ of tbe Union toeteDi^banDeb, but tbe (2ratbolic{% league rematneO firm* iwbetebp tbo(e^?ince0foDitret)ereD, tbere in Sanger one bp one to be ruineb. C bat tbe eaate of tbofe of tbe iReligton in lFo?eign partja; toa^ mtfe= table •, anb, tbat cut of tbefe confiDerattong toetoerecalleD toaGOar anD fonfctDitb to abtife f o? a fuppip f 02 feorpmg t\)t fo?ce0 tn t\)e Palati- nate from Di;6bant)ing, anD to fo^rffr tbe meang fo? ratQng anD maintain^ tng tbe XoD? of an ^vmp fo? tbe SHar againfl t\)t ©p^tng. Me tbere^ fo^e out of our s^eal to pour ^aieop anD pour ^ofleritp, toitb moae ala= critp anD celeritp tban eber toa^ p^eQDenteDin ^^arliamenc , Df'D 3DDref0 our felbe0 to tbe Cert)ice commcnDeD unto u0. «lInD altbougb t»e cannot conceibe, Cbat tbe bono? anD fafetp of pour ^aieOp anD pour poReritp, tbe jpatrimonp of pour €bilD?en int)aDcD,anD poCfetreD l)^^ tbcir enemie^j tbe toelfare of jaelision,auD ©tate of pour feingDom,are matters at anp time un&t fo? out DetpcQ conQDeration m time of parliaments 3InD tbougb before tbi0 time toe toere in Come of tbcfe points filcnt, pet ht' ing noto inbiteD tberc unto, anD IcD on bp fo iutt an occaGon, tue tbougbt it our Duties to p:8i)iDe fo?tbep?efcnt fuppip tbereof, anDnotonelpto turn our epe0 onaCKUarab^oaD, buttotafeecare fo? tbe fecurmg of our peace at bome, tnbicb tbe Dangerous increafe anD infolencp of popiib iRccufantg; appatcntlp, biQblp, anD fenGblp, Dt'o leaD U0umo. €be conQDf ration txibereof DID nececrarilp D?a\u m trulp to rep^efentunto pour ^aieap , tobat toe conceibe to be tbe caufe^, tobat toe feareD tooulobetbeefifcct^j anDtobattoebopcDmtgbtbctberemebic^of tbefe g?otoing €t)il0s among tobicb, assinciDent anDimaboiDable, toe fell upoti fome tbmge tobicb form to toutb upon tbe King of Spain, a0 tbep babe relation to pLipiCbEccufantiS at bome, to tbe22iar0bpbnnmain= taineD in tbe Palatinate againd pour >^aicaie0 dbilD^en, anD to bt0 ff- beral ^rmic0 noto on feet, pet a^toe conceibeD toitbout toucb of Dif' bono? to tbat fcing, 0? anp otber ^?ince pour ^aieaies ConfeDe-- rate. 3in tbe 5©ifcourre tobereof, toe DiDnotaOfumctoour felbe^ anp potoer to Determine of anp part tbereof, no? tntenD toincroacbo?m' tiiiDeuptin tbe ©atreD13ounD0 of ^our Eopal !9utbo?itp, to tobom, anD to tobom one Ip, toe acl^notoleDge it Dotb belong to refolbe of pcare, anDCaar, anD of tbe Carriage of tbe moajRoble^?incepour®onj TBut ax^ your moa lopal anD bumble too?D!K intlje largenef^ of t^e ejcteni tt)ereof, (30 "toe Ijopc leponD pour ^aieflteg; intention) mtg^t tnt)olt)e ttJofe tlJingis tolJtc^ are t^e proper Subjects of #arltamentarp otcaGon^anO Difcourfe* . ^, ^ , ^ , ^ . 3lnDtof]erea0pDur^aieOpDotl)fftm toabiiDge 110 of ttje jntient libf rtp of parliament fo? frtrDom of @ptecb> 3luriTDtaion, anD 3fua denfureof tDeJ|)eufc, anDot&er p^ocfeDmgs t&ere (toberein toetrutt in ®oD toe m^ n^lJf t tranfgre f^ tbe bounD^ of lopal anD Dutiful 'Sub'ett^) a Libcrtp tobicb toe affure our feltjeg;, foGnife antifoSfud aSitng toill not mfringe, tbe fame being ourantientanDunDoubteD iRigbt , anD an Jnberttance retetbeD from our 9nceao?0 5 toitbout tobitb toe cannot frcrlp Debate, no? tlearlp Dtfcern of tbingjs in queOion befo?e 110, no? trulp info?m pour ^ajefl p : 3in tobicb toe babe been con= evmcD Iv PP"J^ ^aiefltcs mod gratiDU0 fo?mer ^poftbe^ anD ^cf0^ amis, 9:er. The King having rejefted the fiift Petition, gave to the later this Anfwer following. The Kings Aniwer to the laKr Petition. WE mud here begin in the (lime fa{hion that we would have done, if the firft Petition had come to our hands before we had made a ftay thereof, vVhich is to repeat the firfl: words " of the late Queen of famous memory, ufed by her, in anfwer to an In- folent 6 HMorical CoUeFiions. Am. i6z\. The King takes the jKco, tfjlation out of the journal- book with his own ha ml. In tlie mean time the King diffolvesthem. to lie nnntijilatcri,l)otlj in itfprrt of t\)e manner bp W)it\) it toas gained anD tljc tnatrcu tOcvcin rontamcD. jFe? tht manner cf getting it, jFiia m vefpectof tl;etiuie: 5Fo? after fucU tmie a^ I|)i5j; ^aieOp out of t)i0 ^?tnrcip grace, anDtDta{{eat)LiapaUmifiaMng0, IjaDDtreaeD ^fiS let' ters; to^erretavp Calvert DateD at Royfton 16 Decembris, anD tijerein iiaD fa ejiplatneD OimCelf m tOe potnt of mamtauung t!,ie p^ibtleDgeg of tl)e ^cufe of Common^;, 30 tijat moa of tOe faiD l])oufe reOeD fuUp fatt06et!,anD freet) from anp fcruple of t)aiDing tljeir liberties trnpear^^ eD •, 3nD after tbat tp il)i0 ®aieme0 •iLetter0 DirctteD to ttie ©pea^er Cateb 1 8 December, beuig CuefDap, ii)i0 ^aieap at tOe IjumWe fmt of ti^e ^oufe ef £Dmmon0, c onDefcenDeD to mafee t6t0 Meeting a ©ef0ion before ar6?iQnia0, anOfo?iOatpuvpcfe OaDacrigneD ©aturDap foUotu^ ing, iSotJ) upon ttJi0i)erpCuef Dap, anD to^ilcttJe^9eiieng£r0 from tbe fiJoufe cf €cmmon0 Uierc toit!) S?t0 i?ajeap at Theobalds to return t^an{50 unto fl?i ^ajeOp, anU tOeretoi^t) an ejccufe froai tOem not to mafee it a ©cffton inrefpectof t'&e Qrait of time to&ereunto tDep teere D^iDen •, \xt\)it\) Deferment |1>10 s^ajettp aDmitteD of at ttieir DeQre0, anD tljevcupcn gabc o|Der fo?t6eaDjournment of tl;e parliament until tlje Cigljt of February uejct, tuljitij 10)30 tije btQ Uap fo^merlp appointeD bp ^10 ^ajeOp f 0? tbe mtrting together of ttie parliament : ^nD tul;iia tbeir mctfenger0 tuere tnt tt) !|)i0 ^ajeOp, anD f aD receibeD a sracicu0 Snituer to return unto tbcir 4>oufe -, eben tftat afternctin, a Committee tca0 p^otureD to be maDe fo? tailing tbeir libertie0 into tonODeration: ^^nD tl:ii0 afternoon aProteftation t»a0maDe (totobom appear0nct) 'concerning tDeir!Libertte0; anlat&jca clocfeatnigUt, bp canDleligbt; tl;e fame Proteftation 10)30 b?ougbt into tbe 5>oufe bp tbe Committee, anD at tf at time of nigbt it t)3a0 calleD upon to be put to tbe ^ueaion, tbere not being tbe tbirD part of tbe l|)oufe tben p^efent -, toberea0 in all matter0of toeigbt, tbeir ufual cuaom i& to putnotbmgof importance to tbe ^ueaimi, till tbe l^oufc be full -, 3nD at tbi0 time manp of tbem tbat tocre p^efewt ejrpeaeD tbe dEluefiion tooulD babe been teferreDto an^ otber Dap, anD a fuller IjJoufe, anD fome tben p?efent acoD up to batse fpofeen to it, but coulD not be feen no? bearD in tbat Darfenef0 anD con^ fuQom iSotu fo? tbe matter of tbe Proteftation, it 10 penneD in fucb ambtguDU0 anD general too?D0, a0 map fertie fo? future Ctnie0 to in' bate moa of iaigbt0 anD p?crogattbe0 annejceD to tbe Imperial Ciottin •, tbe claim of Come p?ibileDge0 being grounDcD upon tbe U!O?D0 of tbe milt f 0? affemblmg tbe parliament, toberein fome too?D0, viz. jrilttis Rcg^ni, are tunuinglp menticneD •, but tbe 10)0?D quibufdam, t»bicb rctframetb tbe general! tp to fucb particular Cafe0 80 ^10 ^ajeOp pleafetb to ccntult mitb tbem upon, i0 purpofelp omitteD. ^befe tbing0 conQDereD, JJ)i0 ®aieOp DiD tbi0 p^efent Dap in full atfemblp of bi0 Council, anDm tbe p?f fence of tbe 3fuDge0, Declare tbe fuiD Proteftation tobe tnbaliD, annullcD, boiD anD of no effect ; ^nD DiD furtber manu [ua propria tafec tbcffilD Proteftation out Of tbC Journal' bccfe of tbe Clerfe of tbe Common0 l|)oufe of parliament, anD commanD' eij an ^iaof Council to be maDe tbereupon, anD tbi0 ^ct to be entrcD in tbe i^^egifter of Council caufe0. On the Sixth o( January the King by Proclamation diflblved the Parliament -, fliewing that the affembling, continuing , and diftblving of Parliaments doth fo peculiarly belong Bnto him, that he needs not give an accompt thereof unto any : Yet he thought fit to declare. That in this Diftb- A B D Hiftorical ColleBions, ii DifTolution he had the advice and uniforra confenc of his whole Council. ; And that fome particular Members of the Houfe of Commons took in- 1 ordinate liberty not only to treat of his high Prerogatives, and fundry things not fitting to be argued in Parliament, but alfo to fpcak with Icis refped to Foreign Princes : That they fpent the time in difputing Pri.vi- ledges, defcanting upon the words and fyllables of his Letters and MefTa- ges: And that thefe Evil-tempered fpirits fowed tares among the corn, A I and by their cunning cfevices have impofed upon him anecelfity of dif- continuing this prefent Parliament, without putting unto it the name or period of a SelTion. And laftly he declared, That though the Parliament be broken off, yet he intended to govern well, and Ihall be glad to lay hold on the firft occafion to call a Parliament again at convenient time. The King was highly difpleafed with fome of the Commons Houfe, whom he called lll-temfered [pirits. Sir Edward Coek, Sir RcUrt Philips B were committed to the Tower-, Mx.Selden, Mr. Pynt, M:.Mallery to other Prifons and Confinements, Order was given for the feaUng up the locks and doors of Sir Edward Coeks Chambers in London and in the Temple, for the feifing of his Papers •, and the Council debating about the General Pardon that fliould have pafTed this laft Parliament, had confuked about the ways of excluding him from that benefit, either by preferring a Bill againft him before the publication of the Pardon, or by exempting him by name, whereof they faid they had prefidents. Likewife Sir Dudley Diggs, Sir Tho. Crew, Sir Nathaniel Rich, and Sir ^ames Perrot for punidiment were fent into Ireland, joined in Com- miffion with others under the Great Seal of £«^/Ay fubdued. Which mifery King ^ames acknowledged to be the fruit of his own patience, delays, and doubtfulnefs. Neverthelefs he ceafeth ndt to purfue the favor of an implacable Enemy : He wrote to the Emperor Ferdinand, declaring his earneft endeavors to appeafe the Boliemian War, and his ardent zeal for Peace from the beginning -, and exprefled the Terms which he had prefcribed to his Son in law : As, That he rtiall for himfclf and his Son renounce all prctence'of Right and Claim to the Crown of Bohemia ^ That he (hall from henceforth yield all conftant due devotion, to the Im- perial Majefty, as do other obedient Princes Eledors of the Empire •, That 19 ^- AC obi' Some Emi- nenc Members of the Parlia- ment iirpri- fonefl. Others fent for punifh- ment into Ire- land. The Council write to Judges con- cerning fuch as fpeak of State Affairs. The Palatine fpoiled of his hereditary dominions. The terms which King Jitmes dcfircs chc tnipcrer ro accept in bdialfof the Palatine, 16 An. i6zi. Tile Emperors Anfwtr to King J.imiS, Jan.iiX.i62i. Hiflorical ColleBions. ~~\ That he (liall crave pardon of the Imperial Majefty •, That he fliall not hereafter any manner of way demean himfelf unittingly toward the Im- perial Majefty, nor difturb his Kingdoms and Countries ^ And that he Ihallupon reafonable Conditions reconcile himfclf to other Princes and States of the Empire, and hold all good correfpondence with them -, And he (liall really do whatfoever like things fhall be judged reafonable and necelTary. King ^dmes requefted of the Emperor the acceptance of thefe Con- ditions as a notable teftimony of his Imperial Majcfties goodnels and grace, which he faid ifiould be by " himfelf acknowledged in all willinitem veftram interpellandam duximus , jam tan- dem ut velit operi bene inchoato faftigium imponere ^ & expeftato deliberationcs prxteritas exitu co- ronare. Matura jam filii cetas, filii Unici, rerumque & temporum ratio conjugem videntur effligitare ^ no- bifque ui ienedutis limine confti- tutis Your Majefties moft Loving Brother f-K J^ames,^c. To the moft Serene and moft Potent Prince and Lord , Philip the Fourth, ^c. Mofl Sehne and Potent Prince, Kinfman, and Wcl-beloved ■ Friend ^ Forafmuch as fome years ago (for our nearer Alliance, and the good of the whole Chriflian World) we had refolved to make a Marriage between our IVel- beloved Son Charls, Prince of Wales, and the mofl illu- ftrious Infanta, the Lady Mary, your Serenities yongeft Sifter, which in the lifetime of^ your Father, King Philip the Third , of moft happy memory , w.ts fofar advanced , That if he had not died, it had been brought to per- fection long ere now:We have therefore thought good to Treat now again with your Serenity, that at length you would put a period to a work fo well begun, and crown our by-paft Deliberations with an expected iffue. The age of our Son arived now to maturity, and he our onely Son (be fides the condition of the times and our affairs) doth re- quire him to marry. And we being at the brink of old age, it would rejoyce [ us 19 ^acobi. King Jame: te Fhilip the Foiii th of Spain. King James his Letter to the King of Spain. 58 HiUorical CoUeBions. An. 1)52 1. fts to feet he daj wherein our Pofierities Friendjhip fhould he botttid up in this ma(i de fired Bend of jjfinitj. JVe ! have therefore (on unto pur Serenity ottr Extraordinayy Amba(fddor , the Ri^ht Honorable the Lord Digby , Baron of Sherborne, our Counfellor, and Vicc-chamberlMny ivho has for- merly deferred iv:!l of this Alliance, and the honor of the Houfc \o{)y will be able todireByou, to whom we hdve intrufled the refidue of that matter. Andif daring his refidence there, he may make nfe of yourfinguLir Humanity md Favor with the King in his Negotiation, it will be mofl acceptable to m, and render us , who were by your defervings already _^__^__ ^ ^ forward 19 Jaeobi. Prince Chtirls to the King of Spain. King James his Letter to the Lord Bal- thaT^tir of Zu- nigii. 6o Htjlorical CoUeBiom. The Privy Council by the Kings command ifliie out an Order for rai- fing Money for the de- ft nee of the Talatir.aS^ forrvardto oblige ■jou, me(l forrvard for the future te deserve well of you ; which we (hall meft willingly tc(life , as occafion offers , not onely in word but in deed. Given at our Palace of Theobalds, March 14. 1621. JR. Sir Walter Jston, the Lciger AmbafTador, had managed that Treaty bydiredlions received from Dtgby, zviA now Digby remained at large in it, and had communication oi- the Paflages from him. The Spaniards proceed in the Match with a very formal appearance •, for at this very time the Emperors AmbafTador in Spain had difcourfedof a Marriage between his Mafters Son and the Infanta •, but was prefently anfvvered. That the Kings hands were tied by a Treaty on foot with the King of Great hrittaw, and in this particular they feemcd (as faid the Englifh Agent) to deal above board. In the mean time the Privy Council by the Kings Commandment confulted about the raifing of Moneys to defend the Palatinate. They appointed the Keeper of the Records '\nt\\&Tower , tofearch forallfuch writings as concerned the Levies of Men at the Pablick charge of the Countrey , from the time of King Edward the Third, until this pre- fcnt, Likewile they direded Letters of the tenor following to the Juftices of the Courts at Wejlminfter, and to the Barons of the Exchequer. \T\1 Hat endeavors his Majejly hath ufed by Treaty, and by all fair and V V aifiiable ways to recover the patrimony of his Children in Germany, now for the rnojl part withheldenfrom them by force, is not unknown unto all his loving ' ubje^s, fmce his Majejly was pleafed to communicate to them tn Par- liament his whole proceedings in that bufmef : of which Treaty , being of Lite fruflrate , he was in^erced to take other refolutions -^ namely, t-o recover that by the Sword, which by other means he [aw no likelihood to com^af. For which purpofe it was expeiled by hi; Majejly, that his people in Parliament would (in a caufe jo nearly concerning his and his childrens tntereft) have chearfully contributed thereunto. But the fame unfortunately f Ailing, his Majejly is coit- ft rained in a cafe of fo great necefity , to try the dutiful afe^ions of his loving Subje&s in another way, ashis Predeccffors have dene in former times, by pro- pounding unto them a voluntary contribution. And therefore as your felves have already given a liberal and worthy example f which his Majefly doth take in very ^ratious part) fo his pleafureis, and we do accordingly hereby autho- rife and require your Lordjhips, as well to countenance andaftfl the fervice by your heft means in your next Circuits, in the feveral Counties where you hdd General A fiz,es -^ as alfo now prefently with all convenient expedition, to call before you all the off cers and Attorneys belonging to any his Majefties Courts of rfujiice •, and alfo all fuch others of the Heufes and Societies of Court, or that ot he rwife have dependence upon the Law, as are meet to be treated withal in thiskinde, and have not already contributed •, and to move them to \oyn wil- lingly in this contribution in fomc good mcafure, anfwerable to that your [elves and others have done before m, according to their means and fortunes : Where- in his Majefly douhteth net, but befide theintereft of his Children, and his own Crown and Dignity, the Religion profe[fed by his Majefly and happily flounping under him, within this Kingdom, {having a great part in the fuc- cef Hiilorical Collections. B ID cef of this hiifmef) will be a [pecial motive to incite and fer [wade them there- nnto. NevertheLef, if anj fer[ons jhdll out of oh [i mac j ord/[,iffc^2on, re- fitfc to contribute herein, proportionahly to thetr Eflatcs and Means, you are to certtfie their names unto this Board, And fo recommending this fervice to your heft care and endeavor, and fraying you to return unto m^ Notes of the names of fuch as flull contribute, and of the jams offered by them , We bid, &c. Letters to the Tame effed were diredied to the High Sheriffs and Juftices of Peaceof thefeveral Counties ^ and to the Majors and Bailiifs of every City and Town-Corporate within the Kingdom, requiring them tofummon all of known AbiUties within their JurifdKflions, and to move them to a chearful contribution according to their Means and Fortunes in fome good meafure, anfwerable to what others weli-affeded had done before them. And to make choice of meet CoUedors of the Moneys, and to return a Schedule of the names of fuch as fliall contri- bute, andthefums that are offered by them ^ that his Majefty may take notice of the good inclinations of his Subjedfs to acaufeof fuch import- ance ?• aslikewife of fuch others, if any fuch be, as out of obftinacyor difaffcdion fliall refufe to contribute. About tfiis time (7for^e Abbot, Archbidiop oi Canterbury, began to fall into difgrace at Court •, his enemies taking the advantage of a late fad misfortune, for (hooting at a Deer with a Crofs-bow in Bramzil Park, hecafually killed the Keeper. Upon this unhappy accident, itwasfug- gefted to the King, who already difgufled him for oppofing the Match mth Spain, That in regard of his eminent rank in the Church, it might adminifter matter of Scandal ; which was aggravated by fuch as afpired unto his place and dignity. The Bifliop of Lincoln, then Lord Keeper, informed the Marquefs oi Buckingham , That by the Common Law of England, the Archbilhops whole eftate was forfeited to the King • and by the Common Law , which is I'tiU in force , he is made irregular if[o faElo, and fo fufpended from all Ecclefiaftical Fundion, until he be re- ftored by his Superior, which was the Kings Majefly, in this rank and order of Ecclefiaftical Jurifdidion. " To adde afflidion to the afflided " {{aid he) will be againft his Majefties nature •, yet to leave a man of " Blood, Primate, and Patriark of all his Churches, is a thina that " founds very harfl] in the Old Councils and Cannons, andthePapifts " will not fpare to cenfure it. The King made choice of the Lord Keeper, the Bifliops of London, Winton, Rochefter, St. Davids, and Exeter , Sir Henry Hobart , Juftice Boderidge, Six Henry Martin, and Dodor Stuart, to inform him of the nature of this caufe, and the fcandal that might arife thereupon -, and to certifie what the fime may amount unto , whither to an irregularity, or otherwife ; and what means may be found for redrefs. However this confultation was managed, the Archbilliop was not deprived •, but a Plant was growing up that over-toppeJ him whilft he lived, and after his de- ceale obtained the Primacy, DodloriWwho was firft chofcn to the Bidioprickof St, Z).twW/, by the Mediation of the Lord Keeper Williams, and was confecrated hy the Bifhopsof Z.<7WirecHons concerning preachers fent vp'tth the Letter, I. cc THat no Preacher under the Degree and Calling of a Bifhop or Dean of a Cathedral, or Collegiat Church (and they upon the Kings days, and fet Feftivals) do take occafion by the ex- pounding of any Text of Scripture whatfoever, to faliintoany fet dif- courfe or common place, otherwife then by opening the Coherence and Divifion of the Text •, which (hall not be comprehended and war- ranted in Eflcnce, Subftance, Effedt, or Natural inference, within fome one of the Articles of Religion fet forth One thoufand five hundred fixty and two •, or in fome of the Homilies fet forth by Authority of the Church of £»f/W.- Notonely forahelpfor theNoa-Preaching, but withal for a pattern and boundary (as it were) for the Preaching Minifters. And for their further Inftrudions for the performance here- of, that they forthwith read over and perufe diligently the faid Book of Articles, and the two Books of Homilies, II. "That B D HtHorical ColleBions. B D II. " That no Perfon, Vicar, Curate, or Le(5ldrer,fliall Preach any " Sermon or Collation hereafter , upon Sundays and Holidays io the "afternoon, in any Cathedral orParilli Church throughout the King- " dom • but upon fome part of thcCatechifm, or forae Text taken out of "the Creed, Tea Commandments, or the Lords Prayer, (Funeral Ser- " mons onely exc-epted.) And that thofe Preachers be moft encouraged, " and approved of, who fpend the Afternoons Exercife in the Examina- " tion of Children in their Catechifm, which is the moll anticnt and " laudable cuftom of Teaching in the Church of England. III. " That no Preacher of what Title foevcr under the degree of "aBilliop or Dean attheleaft, do from henceforth prefume to Preach " in any Popular Auditory, the deep points of Prcdeftmation, Eledion, "Reprobation, or of the Univerfality , Efficacy, Refiftibility, or Ir- " refiftibility of Gods Grace , but leave thofc Themes rather to be " handled by the Learned Mea , and that Moderately and Modeftly *' by way of life and Application, rather then by way of Pofitive " Dodrines , being fitter for the Schools , then for fimple Audi- " tories. 1 V. " That no Preacher of what Title or Denomination foever, "ftom henceforth (hallprefume in any Auditory wi^thin this Kingdom, "to declare, limit, or bound out, by way of Pofitive Dodrine in any "Ledure, or Sermon, the Power, Prerogative, and Jurifdidion, Au- " thority or Duty of Sovereign Princes , or otherwife meddle with "matters of State, and the differences between Princes and thepeo- " pie , then as they are inftruded and prefidcnted in the HomiHes of " Obedience , and the reft of the Homilies and Articles of Religion ' "fet forth (as before is mentioned) by Publick Aothoiity, but ra- "ther confine themfelves wholly to thofe two heads of Faith and " good Life , which sire all the Subjed of the Antient Sermons and " Homilies. V, " That no Preacher of what Title or Denomination foever , " rtiall prefume caufclefly, or ( without invitation frorn the Text ) to "fall into bitter Invedives and undecent railing Speeches againft the " perfons of either Papifts or Puritahs, but modeftly and gravely, when " they are occaftoned thereunto by the Text of Scripture, free both the " Dodrine and the Difcipline of the Church of England from theafper- " fions of either Adverfary, efpecially v^-here the Auditory is fufpeded " to be tainted with the one or the other infedion. VI. Laftly, " That the Archbifhops and Billiopsof the Kingdom " (whom his Majefty hath good caufc to blame for their former remifs- " nefs) be more wary and choice in their Licencing of Preachers, and " revoke all Grants made to any Chancellor, Official, or CommifTiry, " to pafs Licences in this kinde : And that all the Ledurers throughout " the Kingdom of EngUnd ( a new body fevered from the Antient " Clergy, as being neither Parfons.; Vicars, nor Curates) be Licenced " hence-torward in the Court of Faculties, by Recommendation of the " party, from the Bifiiop of the Diocefs under his Hand and Seal, with a "i^/dffrom the Lord Archbifliop oi C*r}terbiirp a Confirmation un?.er " the Great Seal of England. And that fachasdotranfgrefsanyone of " thefe Diredions, be fufpended by the Biihop of the Diocefs, Or in hi5 ^J Default by the Archbidiop of the Province, Abofjicio&be:ieficio, for " a year and a day, until his Majefty by the Advice of the next Convo- cation Ihall prefcribe fomc further punilhment. . K ■ Thefe (c "^5' 20 \ 66 Hifiorical CoUeBions. An. i6iz. The new K. of Spain^ Phi- ///the Fourth, procures tke Popes alTent to the Match. The Infanta cools in t'le P/ilfgraves bufmefs. The pretend- ed Obfiaclcs of the Troaty removed. Heiiclburgh bcfieged. New Condi- tions ckmand.' edofthe King before the Pope gives a Diipcnfatiou. Thefe Diredions were warily communicated by the Archbifhop of Canterhm) to the Bifliops within his Province. The King loft no time in purfuing the Match with Spain •, but the Difpenfationtrom iJ(?wf , which was the Key of thebufinefs, had long lain in a kinde of Dead-Pal fie, till the new King of Sfam had by a Letter quickned the Pope -, whereupon there enfued a Congregation of Cardi- nals to determine the matter , and afterwards the Popes afTent : And then the Court of Spain declared fuch an intire Agreement for the Alli- ance with £«^/W, that \{\n%^ames was fatisfied, an^ could exped no further difficulty. But his intelligence from 5r«.vf/^, and all other parts of the World, did quickly cool,%md almoft quench his hopes. Sir Richard Wefion was a man approved by Gondomar, who commended the Kmgs wifdom in the Eledion of fo fit aMinifter for the Treaty ztBruxels ^ yet the man fo well difpofed and fuited to the Kings defigns, wrote delperate Letters of the infantAS cold and unworthy manner of Treating in that important bufinefs of reftoring the Palfgrave. WhilefttheKingof £;«^/Wi proceedings were fojufl and clear, ihe Count Palatine was retired to Sedan , and there fojourned with his Uncle the Duke of Bouillon , and his Partizans , Duke Chriftian of Bmnfmck, :indCo\int Mansfield , the pretended obftacles of the Treaty, were removed, and had taken another courfe. Mansfield went for Hol- land, where the States intended to ufehim for theraifing of thefiege of Bergen, by cutting off the Convoys between Antwerp and theSpanifh Leagure : And King ^a?Kes had lately offered, That in cafe the forces of Mansfield and Bnmftvick would not reft, but ftill perturb the Treaty, he would joyn with the Emperor, and the Arch- Dutchefs, to quiet them : And the Englifh Companies in the Palatinate being penned up in Garri- fons, could not caufedifturbance. In the mean while, that miferable Countrey was burnt and facked in the fight of the Englidi Ambaffador. And now the Imperial and Ba- varian forces fall to the befieging of HeideWnrgh. When the Ambaffador at Bruxels complained of thefe proceedings, he received frivolous Anfwers mixed with Recriminations. All that We^on obtained , was , onely Letters of intreaty from the Infanta to the Emperors Generals to proceed no further, though ftie load before ac- knowledged a full power from the Emperor to conclude the defired Cef- fation : But they pretended that they would reftore all, when all was taken. For this caufe Sir Richard Wefion acquainted the Marquefs of Buckingham, that he could not difcern how the weak Hopes given him at Bruxels, could agree with thofe ftrong Aflurances given by the Lox^Dighj from the Court of Spam. Moreover to protracl the Palfgraves bufinefs, the Emperor takes occafion to appoint a Dyet at Ratisbone, contrary to his own promife, as himfelf acknowledged. Mr. Grf^e returned from^owt', with no better fruit of his Agency ^ for the DifpenHition cannot pafs, till the King give fatisfi^flion to a num- ber of new Conditions, which before were never dreamed of, and had this mifchief in them to bring the King in jealoufie with the greateft part of his Subjeds. A peece of Juggling was obierve J in this Negotiation: Tor feme points of larger Indulgence whereunto King ^ames had yielded^ were concealed from the Pope by the Minifters of the King of Spain, The Hijlorical CoUeHions. 67 B D K 2 Right I The Court then devifed to put a good face upon an ill Game, and ,20 ' good Sawce to an unfavoiy Difh : For all the World expefling that Gage (liould bring the Difpenfation at his firft arival , they made him give out, That it was pafled irt Rome , and fent from thence to Spain. But the King made a clofe purfuit, andrefolved theyfhould not efcape him. The Popes Demands fuperadded to the Articles of Mar- 'riage were taken in hand, and Refolutions were given upon them in manner following. To the Demand of a Publick Church in Z,W . That it was more then was afTumed by himrelt , or his Son the Prince , That the Chappel allowed was not a private Oratory, but in efifed a Church, where the World might take notice of the Religion which the Infanta profefled in publick manner. To another Demand , That the Superior Minifter having Ecclefia- ftical Authority, be in Ordine Epifcopali ^ be anfwered, Tiiat he would leave it to the King of Spain to appoint as he fliuU judge expedient. But whereas the Pope required, ThattheEcclefiafticksbe fubje\eflies fricndfhip, by making an Agreement with thofe Catholicks that he thinks are fecretly in his Kingdom •, andhy this to a(fure htm- felfof them, eis likewife to marry his Son to one of the Houfe of Auftt ia, know- ing, that f^^ Infanta Donna Maria is the heft born Lady in the World. The other bufmefi is, the rejlitution of the Palatinate, in which he is more engaged •, for be fide that his Reputation is at flake, there is added the love and interejl of \ his Grand-children, Sons of his onely Daughter ■' So that both by the Law of \ Nature and Reafon of State, he ought to put that forward, whatever inconve- j niencies might follow by diffembling what they fuffcr, I I do net dif}utc whither the King of Great VAki'm be (governed in this bnftnefiof the Palatinate by AB or Friendjhip -, / think a man might fay he u fed both, but as athing not prectfely neceffary to this Difcourfe, J omit it. / hold It for a Maxim, that thefe two Engagements in which he f tides himfelf, are infcparable •, for although the Marriage bs made, we mu ft fail of that which in my way of under fJanding is mefl necefjary, the reftitution of the Palatinate. I This being fuppofcd. Having made this Marriage- in that form as it is • Treated, your Majefly (lull fnde your felf, together with the King of Great Bri- tain, engaged maWar agamfl the Emperor and the Catholick League: A thing which to hear, will offend your godly ears, or declaring your felf for the Emperor, 7^ I Hijlorical ColleBiom, An i6t2. 'SmproTy andthe Catholick League, as certainly "jour Maie^y will do, then f on ' will fnde jiiir ^elf engaged in aWar againft the King of Enghnd^ and your Si(ler married tvith his Son ^ with the which, all whatfocvcr reafons of Conve- niency that were thought upon in this Marriage, do ceafe. Jf jour Maje(Iy fbaH j])ew your [elf Neutral, as it way he [omc will propound -^ Th.it, frjl, will cauje very great jcandal, and with jujireafon, fmce in matters of lef oppofition, then of Calhclicks again [I Hereticks, the Arms ef this Crown have taken the god- ly part, again fi the contrary party •, and at this time the Frenchmen fomenting the Hollanders again(l your Majejlj/, your Ptety hath been fuch, that fou have fent your Arms againjl the Rebels of that Crown, leaving all the great conftdera- tions of State, onely becaufe thefe men are Enemies to the Faith, and the Church. It will oblige your Maje(ly , and give occafton to thofe of the League to make ufe of the King of Fiance, and of other Catholuh Princes tll-affeBedto this Crown •, for it will be a thing neceffary for them todofo : Ar:'d thofe even again (I their own Religion, will foment and afifl the Hereticks for hatred to m. Without doubt they will follow the other party, onely to leave your Majefty with that blemijh, which never hath he fain any King of thefe Dominions. The King ef En^hnd will remain offended and enraged, feeing that neither interefl, nor helps do follow the Alliance with this Crown, oi likewife with Pretext of par- ticular refentment , for having (uffered his Daughter and Grand-children to he mined (or reffeB of the f aid Alliance, The Emperor though he beweli-afeBcd and obliged to us in making the Tran(htion at this time, as bufineffes now (lands, (the Duke of Bavaria being poffefjed of all the Dominions) although he would di(fofe all according to our Conveniencies, it will not be in his power to do it, as your iiajefly and every body may judge -, and the Memorial that the Emperors Amhaffador gave your Majesiy yefterday, makes it certain ; (ince in the Lili of the Soldiers, that every one of our League is to pay, hejlnweth your Majefiy, tjjat Bavana for himfelf alone, will pay more then all the reft joyned together , the which doth fhew his power and intention, which is not to accommodate matters, but to keep to himfdf the Superiority of all in this broken time, the Emperor is now in the Dyett and the Tran(latton is to be made in it. The Propofition in this eftate, is by confidering the means for a Conference, which your Majefties Mmifters will do with their <- apacities,Zeal, and IVifdom •, and It IS certain they will herein have eneiiz,htodo. For the diffeulty confifts to finde a way to make ^je pre fent eftate of affairs ftraight again, which with lin- gring, as it is (aid. Both the power and time will be loft, ifuppofe the Emperor, as your Majesty knoweth by his Ambaffador, deftres tt marry his Daughter with the King of Englands Son. I do not dcubt hut he will be likewife glad to marry his Second Daughter with theVz\:ii\r\ts Son: Then I propound that thefe two Marriages be made, and that they be fet onfeotprefently, gi'ving t-heKing of Enghnd full fatisfaBion in all his Propofttions for the more ftncT Union and Correfpofidency, that he may agree to it. J hold for certain, that all the Conve- niences that would have followed the Alliance with us, will be as full m this ; andthe Conveniencies in the great Engagement are more by this -^ for it doth accommodate the matter of the Palatinate, and Succefion of his Grand-c'nldrcn with Honor, and without drawing a Sword, and wafting Treafitre. With this In- terefl, the Emferor with the Conveniencies of the King ? are wont to make tiieir folemn entrance into Madrid on the day of their Coronation : There the Prince was feafted, and ferved by divers great Officers of State waiting bare-headed. Atter dinner, the King came to condudi his High- nefs through the Town to the Royal Palace, having prepared all things for the Solemnity in the greateft magnificence and fplendor. The Kin;i letting the Prince on his right hand, they rode in great glory under a Canopy of State fupported by the Kegidors of the Town, who.were arrayed in Cloth of Tifiiie: The Nobility and Grandees of S^ain attended by their feveral Liveries, all very rich and coftly, went before -, And after came the Marquis of Buckingham, and the Conde oli- njarcs, executing their places of Mafters of the Horfe 5 After them follow- ed the Earl of Bn^ol and Sir Walter Jfton , accompanied with divers Councellors of State, and Gentlemen of the Kings Chamber, And being alighted at the Palace-gate, the King led the Prince to the Queens quarters, where having entred her chamber, he was met and received by her with great refped, in manner becoming the ftate of great Princes-, three Royal feats were placed, the Queen fate in the middle, the Prince on her riglit hand, and the King on the left. His Highnefs was thence conduded by the King to the Lodgings prepared for him -, where after they had converfed a while, the King left him. Atter a little paule, the Queen by her Alajor-domo gave him a further and very noble Welcom with fundry rich Prefents, as Perfumes and coftly Wearing-Linen. The King fent him two Golden Keys, which would open all his Privy- lodgings and his Bed-chamber, giving him to under- ftand that he had free accefs unto him at all hours. The Councellors of State prcfented themfelves to let him know, That by the Kings exprefs command they were to obey his Highnefs as exacHy as the King himfelf. He was conft antly attended and ferved with Grandees indTituladees, and was entertained with many Shews and Tri- umphs, and feveral daily Paflimes. And one day running at the Ring in company of divers of the Nobility, his Higncfs was the onely Perfon that bore the Ring away,and that in prefence of the /w/wf^ his Miftrefs,which was interpreted a good Omen at the beginning of his Atchievement. In fine, there wanted nothing which the wit of man could devife for the height 20 ^acohi. The Prince fees the In- fanta, Is entertained honorably by the King. Makes his en- trance pub- liqucly into Madrid. The King fends the Prince two Golden Keys. The Grandees are coiniiiand- ed to attend his Highnefs. 7S Hijiorical CoUeFiions. An. 1623. The Marquis oi Bud'jngham made Duke. The people ralk, that the Prince is come to change his Religion. height of outward glory : The Governors of the Town prefented the Marquis of Buckingham with the rich Cloth of State which was borne over the King and Prince in the great Solemnity, as a Fee belonging to the Place which he then executed. From the Court of England many Lords and Gentlemen went after the Prince, that bva fplendid Train and Retinue of his own People he might appear as the Prince of England. And the Marquis of Buckingham was then made a Duke, by a Patent fenc from England. This magnificent Entertainment, and the univerfal Joy in Sfain, was grounded on the hope of the Prince's turning Catholick : For the voice of the people went. That he was come to be a Chriftian : Add the Conde olwares, when he gave him the firftVifit, did congratulate his Arrival with thefe expreffions •, " That the Match iliould be made prefently, and '' that the Kings of Spain and England llwuld divide the World between " them •, For that he did not queftion, but he came thither to be of their "Rehgion. Whereunto the Prince anfwered. That he came not thither '' for Religion, but for a Wife. But there wanted no endeavors to reconcile the Prince, and by him the BntiilT Dominions to the Sea of 7?o?«f. Gregory the Fifteenth, then Pope, "* exhorted the Billiop of C^«cAf;? Inquifitor-General of Spain, to improve the opportunity : And he fought to charm the Prince^by writing a very fmooth Letter to him : Yea,he condefcended to write to Bucking- ham his Guide and Familiar , to incline him to the Romidi religion. And the Pope alfo wrote a Letter to the Prince, the tenor whereof followeth. digerc fuavher conetur fub Romandi Ecdeji£ ditionetn, cut vetoes Magnu Britannia Domini, coronatum capt, fy imperii fafces (Ccelo plaudente) fiibmiferunt. Quare te mdnemut-, ut tid Catholicum Regem religiofusConfiliariKf accedas, eafiue rationes defpicias quibus in- figne aliquod bencficium Briiannjs Regnis fy Romans Ecclejia in pr^fenti rerum opfortuniturc comfavctur. Res jpfa magna Atque gravijfima ejl ; quare eum verbis amflificare Mndebemm '■, Regnum Coflorum Britannis Principi fatefacere, Rcgnum Britannia fcdi Apoftolic£ rcflituere incipiet^ qui Regii ijiius Adolofcentif animum Catholics Religionif Jludio inflamavcrit, atque hdreticA imfietatit odio imfleverit,((^c. Endeavors to make the Prince change his Religion. *Quare Apofto- li.U literk hor- tamurCatholi- cam Ma'jefta- tem, ut cum Piincifem re- B The Pope's Letftt to the Prince of Wales. MO/? Noble Prince , We rvifh you the health and light of Gods grace. Forafmuch as Great Britain hath always been fruitful in vertues, and inmcnof great worth, having filed the one and the other World with the glory of her renown. She doth alfo very often draw the thoughts of the Holy Afoflo- lical chair to the confideralion of her fraifes.^ And indeed^ the Church was hut then in her infancie, when the King of Kings didchoofe her for his inheritance, and fo affeifionately, that 'ti^ believed the'^omzn'EoLgX&s were hardly there before the Banner of the Crofs. Beftdesthat, many of her Kings inflrufled in the knowledge of the true falvation, have preferred the Croji before the Royal Scepter, and the Difcipline of Religion before Covetoufnef, leaving examples of piety to other Nations, and to the Ages yet to come : So that having merited the Principalities and fr(l places ofbleffednef in Heaven, they have obtained on Earth the triumphant ornaments of HolineJ?. And although now the flate of the Engli(l) Church is altered^ We fee neverthelcf tJje Court / S.Peter, the 20. of April, 1625. in the Third -year of our Popedom. (fregorim 'P. T. XV. Duci ^ucl^nghamia. NObilis Vir, Salutem & lumen Divins gratix. Authoritas qua Nobilitatem tuam in Bricanni Resia florere accepimus, non modo ttieritorum premium, fed virtutis patrocinium habetur. Egregium plane decus , atque adeo dignum, cui populi illi addi cupiant diuturni- tarem. Verum vix dici poteft quan- tus ci cumulus gloria: in orbe terra- rum accederet,fi (Deofavente) foret Catholics religionis pra?fidium • facukatera certe nancifceris, qua te eorum Principum conciliis inlerere potes, qui nominis immortalitatem adepti ad coclcftia regna pervene- runt. Hanc tibi a Deo tributam, & a Pontifice RomanD commendatam occa{ionem,ne eiabi patiare,Nobilis vir. Non te prxi;erit,regalium con- filiotum confcium, quo in loco Bri- tanna res hac xixit fit, quibufque Spiritus fansfli loquentis vocibus, Principum tuorum aures quotidie pcrfonent.QucE gloria eflet nominis fi te horiatore ac i'uafore, Anglicani Regescoeleftem illius gloria* liaere- ditatem rccuperarentquam Majores eorum amplilTimam in iis regnis re- liquerunt, divini cultus incrementa curando, & Pontificix authontatis ditione,non folum tuenda, fed etiam propaganda! Multi iu^runt, atque trunt in pofterum , quos benevo- lentia Regum perituns divitiis lo- cupletavit,& invidiofis titulis auxit •, atque ut id Nobilitas tua confequa- tur, non ideo fempiternis laudibus nomen tuum memor pofteritas co- let j at enim ii confilia tua potentilTi- raos Pope (^regory to the D. o^^ucl^ngham. RIgh' honor able yive rvifh you health andthcli?hto Cods grace. The authority rvhichrve under (land yott have in the Court or England, is accounted not only the reward of merit, but the patronage ofvertuc. A remarkable ho- nor indeed, ando' fuch worth, that the people there ought to pray far its con- tinuance ■• But it can \carce be exprefl what an ace e^ of glory it would receive in the world, if by the grace of God it fhould become the fafegttard of the Ca- tholick Religion. Tou have the means to ingraft your felf into the a(fembly of thofe Princes, who having obtained an immortal name , have purchased the heavenly inheritance. Suffer notjHono- norable fir, this ocafion to (lip out of your hands, afforded you by God,and recom- mended to you by the Pope of Rome. Tou are not ignorant. as intimate in the Kings couniels, in what condition the affairs o/"England are in this our Age, and with what voices of the Holy Ghofl (peaking— the ears of your Princes daily tingle . How greatly would you be re- nown d,if by your perfwafion and admo- nition the King 0/ England (Jwuld ob- tain the heavenly inheritance of that glory which their Ance(lors left them moft ample in tho(e kingdoms, by taking care of the increa(e of Gods wer(hip,and not only defending , but propagating the dominions of the Pope's authority ! There have been , and will be many hereafter, whom the favor of Kings hath much enriched with wealth that fadeth away, and honored with envious titles : And if your Honor attrtin this, Po(lerity will therefore adore jour me- mory Hijlorical ColleUions, 81 — t B D I mor-j wiih evcrUftifig praijes ■• Birt if yoter advice jloiild reduce Potent Kin^s and NMiop.s to the Lap of the Church, "fsur name rveuld he written in the Book of the Lii'ing, whom the pangs of death a(fault not, and the Records of Historians would number yoa a- mong thofe Sages in whoje light and conduct Kings have walked. And with what comfort of the present Ifc, and reward of the fiture , that God who IS rich in mercy would rtcompence you, they eafily fore fee who are acquain- ted with the skill and violence by which the Kingdom of Heaven is conquered : That we wi/J) you to be partaker of fo great happinefi , not onely our Papal charity moves m (to whofe care the falvatton of mankinde belongeth) but alfe the Piety of your Mother , who having briught you forth to the World, de fires to bring you forth a^ain to the church o/Rome, whom (he acknowledges for her Mother. There- fore Didacus dc la Tucntc our beloved Son , a Fryer , who hath prudently managed the mo(l important affairs ef your Princes here in Rome, being to go to Spain, we have commanded him to wait upon your Honor, and to deliver you thofe Jpoflolical Letters to evi- dence the great/ief of our Papal Cha- nty, and our dcftre of yourfalvation. reu may be pleafed to hearken to him, as the interpreter of our minde, and one adorned with thofe vertues, which have been able to purchafe the love of Foreign Nations to a Catholick and a Regular Prie ft. Truly he hath fpokcn fitch things of you in this Country of the World, that he is worthy whom you fhould cherijh with a fingular affection, and protect with your Authority, as one (ludioiu of the glory and fafety of t he King and People of Great Britain. We wilt pray the Father of Mercies, that he would open the doors of the Kingdom of Heaven to your Honor, and afford you frequent evidences of his tie mer>cy. Given at Rome apud fanftairvMariam Majorem fiih Anniilo rifcatoris, 19 Mali, \6ii. being theFirftyedr of our Ruign mos Reges populotque ad Ecclefi.T 21 ^acobi gremium redacerenc ^ {"criberetur 1 nomen tuuin in libro viventium quos non tangtc toi mentum raoicis ac te Hiftoiiaium Monumenta in eos fapientes referrent in quorum rplendore Regcs ambulaverunr. Quibus autc;m te prc-efentis vitre foJatiis & tutmce pra?miis remune- raretur Deus ille , qui dives eft in milewcordia , omnes facile previ- denc quibus nota eft ars , & vis , qua RegnumCoelorum expugnatar' Tantar te felicitatis compotem fieri uc cupiamus efficit non folum Pon- tificia Chantas, ad cujus curas toti- us humani generis {-ilus pertinet, fed eriam gcnetricis mx pietas, qua? cum te mundo peperic ko- manA ctiam ecclefix quam ipfa ma- trem luam agnovit iterum parcre cupit: Proin cum in ^/^/^.w/W pro- fedionem paret diledius Filius re- ligiofus vir Didacus dc la Fuente, qui gravifTima principum tuorum negotia in urbe fapienter Admini- ftravit, ci mandaviraus ut Nobili- tatem tuam adeat atque has A- poftolicas literas deferac quibus Pontificix Charitatis magnitude & falutis tua: cupido declaretur. Cum ergo audire poteris iententia? noftra? interpretem, atque iis vir- tutibus inftrudum qua? exterarum Nationum amoiem Catholico eti- am & Rcligiofo Saccrdoti conci'iarc potuerunt. Ille quidem ea detein hac oibis Patria prardicavit, ut di^- nus fit quem finguhri affeiitu com- pledtans & Authoritate tua Munias Britannorum Regum populorumque faluti & gloried inlervientcm nos quidem I'atrem Mifericordiarum Orabnnus at Nobilitati tux cceleiHs Regni fores patefaciat & frequentia pra-beac Cleraentix fure docu- menta. Datum Roma: afudfixallnm Mariam M,t)wem fub An- vulo Fifcatoru , die 19 Mail. 1^23, Fmificatui iwjiri Tenia. M The 8z Htflor'ical CoUeBions. An i6i3. The Prince o^ Wales returned this following Anfwer to the Popes Letter ( according to a Copy preferved by fome then in Spam at the Treaty.) There is an other Copy of the Princes Letter to the Popf, publifh- cd by feveral hands, fome- what different from this. CJ-'ROLVS Prmceps Gregorio P.P. XV. Sancltfime Pater, BEatitudinis - veftra? Litteras non minore gratitudine & obfervantia accepimus, quam exigat ea qua novimus exaratas in- fignis benevolentia, &pietatisaf- fedus. Atque illud imprimis gra- tum fuit, nunquam fatis laudata Ma- jorum exempla infpicienda Nobis a veftra SandHtate atque imitanda fuiiTe propofita: Qui licet multoties omnium fortunarum & vita: ipfius difcrimen adiverint, quo fidem Chriftianam latius propagarcnt , haud tamen alacriori animo in in- feftiflimos Chrifti hoftes, Crucis Chriftivexillaintulerunt, quam nos omnem opem & operam adhibebi- mus ut qu.r tarn diu exaltavit pax & unitas, in Chriftianam Rempub- licam poftliminio reducatur. Cum enim Difcordiarum Patrls malitia inter illos ipfos qui Chriftianam profitentur Religionem tam infeli- cia feminaritdiflidia, hocvelmaxi- me necefTarium ducimusad Sacro- fandtam . Dei & Salvatoris Chrifti gloriam felicius promovendam. Et minori nobis honori futurum exifti- mabimus, tritam Majorum No- ftrorum veftigiis infiftentes viam, in piis ac Religiofis fufceptis illo- rum ctmulos atque imitatores ex- titifte, quam genus noftrum ab illis atque originem duxifle. Atque ad idem nos iftud plurimum in- flammat perfpedla nobis Domini Regis ac Patris noftri voluntas, & quo flagrat defiderium ad tam San- ftum opus porrigendi manum auxi- liatricem , turn qui Regium pciTtus exedit dolor, cum perpendit quam quam de- ploranda: {xvx exoriantur ftrages, Prince Charles to Pope Gregory XV. Moft Holy Father, WB have received pur Let- ter rvith no l-ef thankffilnef and refpecf, then is due to the fwgttUr goodwill and godly aff cati- on wherewith we know it was written. It was moft acceptable unto us, that the never enough Renowned Ex-amples of our Anceftors were propofed to its hy your Hoitnef for our infpe^ion and imitation •■, who though they often hazarded their lives and fortunes to propagate the Chriflian Faith , yet did they never more chcarfully dtfplaf the Banners of the Cro/of Chrijf againfl his moft bitter enemies, then we will endeavor to the utmoft, that the Peace and Union which fo long triumphed^ may he reduced into the Chrtftian World, after a ktndc of Elimination or Exile. For fmce the malice of the Father ofDifcords hath (owed fuch un- happy Divifions amongji thofe who profef? the Chriftian Reiigton, We ac- \ count this moft necefjary thereby to pro- mote with better fuccef, the glory ef I GodandChrift our Saviour -^ nor fhj/l ivecfteem it le^ honor to tread m their footfteps,and to have been their Rivals I and Imitators in holy undertakings, then to have been dtfc ended of them. j And we are very much encouraged te ' this, as well by the known inclination of our Lord and Father, and his ar- dent defire to lend a helping hand tofo pious a work, as by the anguifl) that gnaws his Royal bresl. when he con- fiders what cruel dcftrucltons , what deplorable calamities arife out of the dtftcntions ef Chriftian Princes. Tour Holinef? conjeBure of our deft re to con- trail an Alliance and Marriage with a Catholick Family and Prince f , is agree' B D HiUor'tcal CoUeBions. 8? I agreeible both to yoi*r Wifdem and Chrity •, for tve would never deftre fo 'vehemently to he joyned in a (IriB and indtffoluhle Bond with any Mortal tvhatfoever, rvhofe Religion rve hated. Therefore your Helinef^may be ajfitred. That rve are, and always TPiU be of that Moderation, m to ahfiain from fuch aSiions which may tejlifie our hatred a^ainji the Roman Catholtck Religi- on •, we will rather embrace all eccaftons whereby through a gentle and fair procedure all fmifter [uffitions may be taken away ^ That as we all con- fef one Individual Trinity, and one Chrifl Crucified , we may unani- mouflygrow up into one Faith. Which that we may compaf , we little value all Labor and Watchings, yea, the very hazard of our lives. It re- mains, that we render thanks to your Holinef for your Letter, which we esieem as a ftngnlar frefent , and wijh your Boltnef all frtfperity and eternal haffinef. Dated at Madrid. 20^unii,i6z^, plorandx cilamitates ex principum Chriftianorum difTenfionibus. Ju- dicium vero quod Sandtitas veftra tulit de noftro cum domo ac Prin- cipe Catholico Affinitatem &Nu- ptias contrahendi defiderio, & Cha- ritati veftrcT eft confentaneum, nee a fapientia invenietur alienum.Nua- quam tanto quo ferimur ftudio , nunquam tam zxGto & tarn indifTo- lubili vinculo uUi Mortalium con- >ungi cuperemus, cujus odio Reli- gioaem profequeremur. Quare San- dlitas veftra illud in animum indu- cat, «a niodo nos efle fempcrque fu- turos moderatione, Ut quam longif- fime abfuturi fimus ab omni opere quod odium teftaripofllt uUamad- vcrfus Religionem Catholicam Ro- manara: Omnes potius captabimus occafiones quo leni benignoque re- rum curfu finiftrx omnes fufpiciones e medio penitustoUantur, Ut ficut omnes unam individuam Trmita- tem, & unum Chriftum Crucifixum confitemur , in unam fidem unani- miter coalefcamus : Quod ut a(Tc- quamur, labores omnes atque vigi - lias , Regnorum etiam atque viix periculaparvipendimus. Reliquum eft ut quas pofTumus maximas, pro Uteris quas infignis muneris loco duciraus, gratias agentes, Sandlitati veftra? omnia profpera & felicita- tem jeternam comprecamur, Datum Matriti, 20 ^unii. 1625, Orations, Proceffions, and pompous fliews were made in Spain, to allure the Prince to Popery •, PopilTi Books were dedicated, ana Popifli Pidhires prefented to him. They carried him to the moft Religious pla- ces, and to perfons famous for pretended Miracles. And they lliew him of what importance his Converfion is, to the gaining of a large catpance into the Infantas affedtion, and a fmooth path to this Catholick Marri- age. And in cafe a Rebellion in England {hould follow his change of Re- ligion , they offer an Army to fubdue the Rebels. But the Prince remained ftedfaft in his Religian 3 neither did he ex- prefs any lliew oi change) But as to the interior carriage of Affairs, notwithftanding his fplen- did entertainment to the height of Princely State, yet in the main bufi- M 2 nefs ^acobi 2i' Allurements to make the Prince change hisReh'gion, The Prince 'dedfart in his Religion, H Hijlor'tcal CoUeBions, An. 1623. Is not well dealt with in his Addrefs to the Infanta- The Difpenfa- tion is at laft procured. The Difpenfa- tion comes clogged. Olivtns pro- pofes ways of Accommoda- tion. The King of Spain proffers ro engage himfelf on the behalf of the King of England and I the Prince. His Ghoftly Fathers ap- prove liis in- tentions. ncfs he was meanly dealt with, and in his Addrefles to the infant a, un- worthily reftrained and undervalued. The Difpenfation flicks long in the Birth, but after a tedious Tra- vel it was brought forth : Mr. George Gage advertifed the King from Komc, That the Cardinals made mention of him in mod: honorable Lan- guage, and had a firm opinion, that the former Rigor towards Catho- licks hath rilen from others, but the Graces vouchfifed to them from himfelf-, and they were now confident that fuch potent interceffions havinc been made with him, and all civil jealoufies removed, he will not onely command a real performance of what is promifed, but according to his own Loyal heart, will enlarge thc.benefit. Furthermore, heaffured the King, That fuch difficulties as were al- ready fpent, and were yet to come, have been laid hold on oy the Car- dinals ', neither to fruftrate, nor prolong this Treaty, but out of an opi- nion, that otherwife they could not lecure their Confciences, proceed upon a jufl and valuable ground, and fatisfie the judgments of fuch dif- creet perfons, as may in times to come, underltand the Palfages of this great Bufinefs. So the long folicited Difpenfation came from Pope Gregor'j the Fif- teenth, to the Court of S^Ain. But whereas it was expefted tuiland ab- folute, it came with a Clog, a Claufc thruft in of purpofe to retard the proceedings. That whereas there were certain Articles condifcended unto by the King of England, in favor of the Reman Catholicks in his Dominions, Caution fbould be given for the performance of thofe Conceflions. The King anfwered. That he could give no other Caution, then his own and the Princes Oath, exemplified under the Great Seal of Eng- land. But this would not fatisfie , unlefs fome Sovereign Cathohck Prince would ftand engaged for them. Hereupon the frame of things was like to fall a funder, and a rumor went, that the Prince intended to get away covertly. Amidft the heats of this difpute, oli'vares (whither ia a humor or good earneft) propounded three ways ot accommodation : The firft was. That Prince Charts iTiould become Cathohck. The fecond, That the Infanta lliould be delivered to him upon the former fecurity, without further condition. Thethird was, tobindehim asfaftas theycould, and nor truft him with any thing. And of thefc three ways, he laid. The two former were good, but the laft was a bad one. At length the King of Spain proffered to engage himfelf by Oath on thebehalf of theKing and Prince for the peiformance of the Articles. Provided, That he firft confult with his Ghoftly Fathers, whither he might do it with a fafe Confcience. This was a fair contrivance, whereby that King might not onely obUge our King and Prince,but lay the ground- plot of a fair pretence of War againft England, if the Roman Catholicks received not fatisfaifion in the enjoyment of the Freedom promifed, Be- fides he would form a party in thefe Dominions to a Dependance u^on his Proteiftion. A ^unSlooi Divines were called to determine upon the Cafe, and they go very gravely and tedionfly to work, and protradt the time almoft beyond the bounds of the Princes patience ^ but they conclude at laft Affirmatively. And in cafe the King of England fail to execute what was ftipulated, the King of Spain was to vindicate his Oath, and right himfelf by the Sword. Then Hi^orical ColIeBions. B D ^1 Then was the Match declared publickly, and the Prince had frequent accefs to the 7;j/4wM, yet always in a publick manner, and in the Kings prefence. Whileft thefe things were forging in Spain , there were not wanting fuch as warned the King , and tendred fafer Counfels. The Archbilliop of Canterbury was bold to prefs him clofe m this ferious Letter. May It pleafe Your Majefly, THa've been too long filent, and am afraid hj wj filence I have negtccfed the duty of the place it hath plea fed God to call me unto, and your Majefly to place me in ■• But now I humbly crave leave, I may difcharge my Confctence towards Cod, and my duty to your Majefly ^ and therefore f befeech you freely to give me leave to deliver my (elf , and then let your Majefly dowith me rvhat you pie ale. torn Majefly hath propounded a Toleration of Religion, I befeech you take into your confideration rvhat your Act is, rvhat the confequence rfiny be. By your AByou labor to jet up the moft Damnable and Heretical Doftrine of the church of Kome^ the Whore of h^hylon: How hateful it tPiS be to God, and grtevous to your good Subje^s, the Profeffors of the Gofpel, That your Majefly who hath often difputed, and learnedly written again ft thofe Her e fie s, fhould now fl)eivyour felf a Patron of thofe wicked DoBrines which your Pen hath told the World, and your Confcience tells your felf, are Super flitiow, idolatrous, and deteflable. And hereunto I adde what you have done in [ending the Prince into Spain without confent of your Council, the Privity and Approbation of your People: And alt hough you have a Charge and Interefl inthe Prince, as Son of your flefh •, yet have the people a greater, ai Son of the Kingdom, upon whom next after your Majefly are their Eyes fixed and welfare depends 5 and fo tenderly is his going apprehended, /u (believe it) however his return may be fafe ; yet the drawers of him into this j£iion, fo dangerous to himfelf, fo defperate to the Kingdom, will not paf away unqueflioned, unpunijhed. Be- fides, this Toleration which you endeavor to fet up by your Proclamation, can- net be dene without a Parliament, unlef your Majefly will let yeur Subjeffs fee that you will take unto your felf ability to throw down the Laws of your Land at your pleafure. What dread confequence thefe things may draw afterward, J be- feech your Majefly to conftder, and above all, left by this Toleration and dif- countenMcing of the true Prof ef ion of the Gofpel, wherewith God hath bleffed us, and this Kingdom hath (0 long fiourifhed under it, your Majefly do not draw upon this Kingdom in general, and your felf in particular, Gods heavy wrath and indignation. Thm in difcharge of my duty towards God, to your Majesty, and the place $f my Calling, I have taken humble leave to deliver my Confctence, Now Sir, do what you pleafe with me. The King would not admit any Motion of drawing back, but in go- ing forward, he would yield to all demands, and was accordingly fcrued up to the greateft height. Soatlaftthe Difficulties in Rome and Spain were all furmounted •, I and then thefe following Articles [Stiled by the Cardinals, Propof.tions 1 for the right Augmentation and Weal of the Roman Caiholick Rdtgi-on 3 were fwom unto by the Kmg, Prince and Privy Council, "1, That 21 J-iicobi. The Match is 'iedareii pub- lickly. The Ai-ch- bifhops Letter to the King againft Tole- ration of Popery. S6 HiBoricai Colle&ions. An. 162^. fArticIcsfworn ro by the King, Prince,' and Privy Council. I. " npHat the Marriage be made by Difpenfadon of the Pope, but " L that to be procured by the endeavor of the King of Spain. I I. " That the Marriage be once onely celebrated in Spain, and rati- " fied in England, in form following. In the Morning after the moft Gra- " tious Infanta hath ended her Devotions in the Chappel , ihe and the " moft Excellent Prince charts, fhall meet in the Kings Chappel, or ia "fome other Room of the Palace, where it (hall feem moft expedient -, " and there (hall be read all the Procurations , by vertue whereof the " Marriage was celebrated in Sfain ^ and as well the moft Excellent " Prince, as the moft Excellent Infanta , iball ratifie the faid Marriage " celebrated in Spain, with all folemnity necellary for fuch an Aft ; fo as "no Ceremony or other thing intervene, which fliall be contrary to the " Roman Catholick Apoftolick Religion. III. "That the moft Gratious Infanta, (liall take with herfuch " Servants and Family as are convenient for her fervice •, which Family, " and all perfons to her belonging, ftiall be chofen and nominated by the " Catholick King : So as he nominate no Servant which is Vafl'al to the " King of Great Britain, without his will and confent, I V. " That as well the moft Gratious Infanta, as all her Servants " and Family , ftiall have free ufe and publick Exercife of the Roman " Catholick Religion, in manner and form as is beneath capitulated, v. " That fhe fliall have an Oratory and Decent Chappel in her " Palace 5 where, at the pleafurc of the moft Gratious Infanta, Mafles " may be celebrated 5 and in like manner flie fliall have in London, or " wherefoever flie fliall make her abode, a Publick and Capacious Church *' near her Palace, wherein all Duties may be folemnly celebrated , and "all other things neceftaryfor the Publick Preaching of Gods Word, " the Celebration and Adminiftration of all the Sacraments of the Ca- " tholick Roman Church , and for burial of the Dead, and Baptizing of " Children. That the faid Oratory,Chappel,and Church,fliall be adorned " with fuch decency as fliall feem. convenient to the moft Gratious Infanta. V I. " That the Men-fervants and Maid-fervants of the moft Gra- " tious Infanta, and their Servants, Children, and Defcendents, and all '■' their Families of what fort foever ferving her Highnefs, may be freely " and publickly Catholicks. VII. "That the moft Gratious 7»/4wf4, her Servants and Family, " may live as Catholicks in form following. That the moft Gratious /«- ^^ fanta fliall have in her Palace, her Oratory and Chappel fo fpatious, that " her faid Servants and Family may enter and ftay therein ^ in which there " fliall be an ordinary and publick door for them,and another inward door, " by which the infanta may have a paflage into the faid Chappel, where " flie and other as abovefaid may be prefent at Divine Offices. VIII. " That the Chappel, Church, and Oratory, may be beauti- " fied with decent Ornaments of Altars, and other things neceflary for *' Divine Service, which is to be celebrated in them accordmg to the '• cuftom of the Holy Roman Church •, and that it fliall be lawful for the "faid Servants and others, to go to the faid Chappel and Church at all " hours, as to them fliall feem expedient. X. " That the care and cuftody of the faid Chappel and Church fliall " be committed to fuch as the Lady infanta fliall appoint, to whom it fliall " be lawful to appoint Keepers, that no bady may enter into them to do " any undecent thing. X I. " That i B D Historical Colleciions. B D X I; " That to the Adminiftration of the Sacraments, and to ferve "in Chappel and Church aforefaid, there lliall be Four and twenty "Prieftsand Alljftants, whoOiall ferve weekly or monethly, as to the " Infanta, fliall fcem fir, and the Eledion of them Ihall belong to the " Lady infanta, and the Catholick King. Provided, That they be none "of the Vafliilsof theKingof Great Britain, and if they be, his will "and confent is to be firfl obtained. X"I I. " That there be one Superior Minifter or Biiliop, with necef- "fary Authority upon all occafions which ihall happen belonging to Re- " ligion ^ and for want of a Bilhop, that his Vicar may have his Authority " and JurifditRion. XIII. "That this Billiop or Superior Minifter, may Corred and "Chaftife all Roman Catholicks who Ihall offend, and fliall exercile upon " them all Jurifdidion Ecclefiaftical : And moreover alfo the Lady in- '■•fanta fliall have power to put them out of her fervice,whenfoever it Ihall " fecra expedient to her, XIV. "That it may be lawful for the Lady Infanta and herSer- " vants, to procure from Home, Difpenfations, ^Indulgences, Jubilees, " and all Graces, as Hiall feem fit to their Religion, and Confciences, " and to get and make ufe of any manner of Catholick Books what- "foever. X V. " That the Servants and Family of the Lady Infanta, who " fhall come into England, fhall take the Oath of Allegiance to the King " of Great Britain: Provided, That there be no claufe therein which " fhall be contrary to their Confciences, and the Roman Catholick Re- " ligion 5 and if they happen to be Vaflals to the King of Great Britain, " they (liall take the fame Oath that the Spaniards do. XVI. " That the Laws which are or /hall be in England againft Re- " ligion fliall not take hold of the faid Servants 5 and onely theforefaid " Superior Ecclefiaftical Catholick may proceed againfl Ecclefiaftical "perfons, as hath been accuftomed by Catholicks: And if any Secular " Judge lliall apprehend any Ecclefiaftical perfon for any offence, he fhall '•forthwith caufe him to be delivered to the aforefaid Superior Eccle- "fiaftick, who Hiall proceed againfl him according to the Canon " Law. XVII. "That the Laws made againft Catholicks m England, or " in any other Kingdom of the King of Great Britain, fhall not extend to " the Children of this Marriage -, and though they be Catholicks, they "fliall not lofe the right of Succellion to the Kingdom and Dominions "of Great Britain. XVIII. " That the Nurfes which fliall give fuck to the Children " of the Lady Infanta, (whither they be of the Kin^om of Great Bri- *' tain, or of any otiier Naiion whatfoever) Ihall be chofen by the Lady ^'^ Infanta, asflie pleafeth, and fliall be accounted of her Family, anden- '■ joy the privilcdges thereof. XIX. "That the Bifliop, Ecclcfiafti-cal and Religious perfons of " the Family of the Lady Infanta, ihall wear the Veftmcnt and Habit of " their Dignity, Profeffion, and Religion, after the Cuflom of Rome. XX. "For fecurity that the faid Matrimony benotdiffolved for " any caufe whatfoever : The King and Prince are equally to pafs the " Word and Honor of a King •, and moreover, that they will perform '' whatfoever lliall be propounded by the Catholick King for further con- 20 " finnation, if it may be done decently and fitly. XXL "That 87 ^acobi. 88 Hiftorical ColleBms^ An. 1625. The Oath. XXI. "That the Sons and Daughters which (hall be born of this " Marriage, fliall be brought up in the company of the moit Excellent ^'^ Infanta, attheleaft, until the age of Ten years, and fliall freely enjoy '* the right of SuccefTions to the Kingdoms as aforefaid. XXri. " That whenfoever any place of either Man-fervant , or " Maid- fer van t, which the Lady /«/4»^;tlhall bring with her (nominated " by the Catholick. Kmg her Brother) lliall iiappen to be void, whether "by death or by other caufe or accident, all the faid Servants ot her " Family are to be fupplied by the Catholick King as aforefaid. X X 1 1 1. " For fecurity that whatfoever is capitulated , may be "fulfilled, The King of Great Britain , and Prince charts are to be "bound by Oath; and all the Kings Council (hall confirm the faid " Treaty under their hands : Moreover the faid King and Prince are to '•eive their Faiths in the Word of a King, to endeavor, if polTible, " That whatfoever is capitulated, may be eftabli(hed by Parliament. XXIV. " That conformable to this Treaty, all thefe things pro- pofed, are to be allowed and approved of by the Pope, that he may give an ApoftoUcal Benediction, and a Difpenfation neceflary to effcd the " Matnage. The Oath takea by the King and Prince, was as followeth, W€ Jaarifping anD confirming tKje afo?efatd Crcatp, an5 all q anD etjcrp Capitulation tontainct), anD fpccificD m x\)t fame. Do app^oDe, applauD, confirm, an&rattfie of our certain fenoui^ IcDgc, all anD et)er|» of ttiefe ttttngg in 80 muclJ ajettOcp concern our ©elDejef, our IpeiriS, 0? our ®uccc(ro?0 : 3nD toe p?omjfe bp ttiefe p?efent0in tbciwo^Dofa femg, tofecpp, fulfil, anD oUfertiettje fame; anDtocaufctbemtobcfecpt, fulfilleD anD obferteD uitJiolablp, firmlp, toellanDfaitljfuHp, effcauallp, Bona fide, toitDout aU ejccepnon, anD contraoiftion. ^nD me confirm ttje fame toitO an ^atlJ. upon tbe Holy I j) Evangehfts, in tbe p^efencc of tbcSIUuarwuisanD iSobleJohnde Mcn- doza, Charls de Colona , 9ml)affaDo?j3 of t[)e mott crenDfarberm(2i:b?tO, John XtCljop of Lincoln, Lp?o ll^rrper of tbe (Sreat ©cal of England, Lionel Cranfield, Cbeif Creafurcr of England, Henry BlfCOUnt Mandevil, ^^efiDent of DUr Ccuntll , Ed- ward ^arl of Worcfefter, fiiocper of tbe ^?ibp ©cal, Lewis J)\xlt of Richmond, anD Lenox lo?D ©tetoarD of OUr IJJOUftolD, James ^ar- quef0 Hamilton, James (Earl of Carlifle, Thomas Carl of Kelly, Oli- ver iLltfcDUnt Grandefon,&c. anD George Calvert^fenigbt, one of OUr Cbeif Secretaries of State, antiallof our ^ribp Council. <5ll)e.n at our l^alacc of Weftminfter, &c. JACOBUS Rex. Aker this the King did fwear to certain private Articles, in favor of Papifts, and for tlft advancement of the lotoman Religion. JAMES, Htftorical ColieBions, 8p JAMES bp t^e grace of ec7, we would yet make a fecond Match ; fo Prince Henry (afterwards King) married the fame daughter: But doubt lefi God was lef plea fed with that Match, which was leji lawful ; and therefore God took away all the male-children of it, and left only a daughter, in whofe fhort Reign was fl^dmore blood for the true Religion in fix years, then for the falfe in thefe fucceeding fixty years. We made then a third Adventure and Marriage with Spain, :pueen Mary with King Philip : which was fo difcontenting to the People., that it caufed Wyais Rebellion ■, fo difcomfortable to the Queen,that it brake her heart, being left and ncgleitedof her Husband 5 and fo dijhonorabte and prejudicial to the Kingdom, that merely for the Spaniards fake, we having no difference at all with France, wc loft Calis tn fix days, which had been above two hundred years in our pcffef^ion. He added laftly, Though I have not [0 much judgment, nor fo little wit as to pre fume ts advife where to match ^ yet / affume fo much^ as to think, a Match at home cannot be held any ways inconvenient. We find the fir ft and the lafl of our Kings that ever matched with their Sub\eBs,were Ed. 4. and Hen. 8. From which two Matches, God (asitweretofhiw,thelefs we rely upon others abroad, the more he will help m himfclf at home) gtwt two daughters, two ¥J\- zabcths, iivi^ fuch Queens, then which there were never two more bleffed Infiru- ments of Gods glory and this Kingdoms good^ by eflablijhing Peace'in the Land, and Religion in the Church, until his Majejlies happy coming who brought both with him. The Hijlorical CoUeHions. 95 B D The French were very jealous of the Conjundion between Sfain and EngUndy and thought it the fafeft way to make peace at home, and im- ploy their ftrength to bound the Incroachments of Spain and the Houfe oi Jiifiria: By which means a bitter Perfecution ceafed in that Kincr- dom •, The Proteftants of France were permitted to call home their ba- nifhed Mmifters, to baild their ruined Temples, and to enjoy their liberty in Religion. This benefit did the Kings clofing with Spain procure to a people almoft ruined. But after all the Kings concelTions, the Spaniards contrived new de- lays, and propofed harder terras. The Pope had obliged theCatholick King to fee the Conditions performed, and to protracffthe Marriage, till matters in England were in perfed: execution. Whereupon the Divines advife that King, that the Promifes of Marriage be made prefently, but the CoR.fummation thereof and the delivering of the Infanta be deferred till May the year following. And the death of Pope Gregory did ftrengthen this contrivance : For the Spanifli Minifters pretended, that in regard there was no Contra6l,but a Treaty only on foot, the Difpenfation which lay in the Nuncio's hands was by the Popes death fufpended, and a Rati- fication from the new Pope was requifice before any further progrefs could be made. Cardinal Barberine was chofen SuccefTor to Gregory the Fifteenth, and took the name oiUrhan the Eight. Soon after his ele(ftion,he wrote thefe enfuing Letters, the one to King ^ames, the other to Prince Charts. 21 ^acobi. The French jealous of this conjunftion. F Seremfsimo fJCO^O Ma^n.. James. P4- Hijlorical ColIeHions. An. 1625. 'reditatem verti videt ad extraneos, '■ damniquc fui magnitudinera Britan- 'norumRegum laudibus iftammque Piovinciarum gloria metitur. Id vero praner canera dolendam orbi Chriftiano videtur, Jacobom regem Catholicorum regum prolem , & fandifTima: Parentis filmm, a Pon- tifice Maximo atque a Majoribus fuis in Religionis cultn diflentire. Si enim fublirae iftud ingenium, quod literarum ftudiis & prudentix artibus Rex cdeberrimus excoluifti; affulgcnti Patri luminum allentire- tur, facile conjicit Chriftiana Ref- publica quanto publicK concordiac bono faftum efl'et, ut Nationes iftas Infulafque, auc montium clauftris, aut Oceani gurgitibus diflitas, Sco- ticus rex iraperio conjangeres. Vi- detur enim Majeftas tua ob earn rem fatSa efle tot Provinciarum domina, ut ab eo, cui parent, tacilius celeri- ufque Regna jfta medelam ac falu- tcm acciperent. Quare afliduis pre- cibus jam turn earn venerabamur, quidatlulutemRegibus, uttosDi- vincB dementia? beneficia, quibus in confpedu Potentium admirabilis es, ad Britannia: incolumitatem & Ec- clefix gaudium conferret. Affiiliit auteni nobis non ita pridem beata fpes oriens ex alto,cura te Auftriacas affinitatis cupidum cognovimus, ex Catholica matre progigni exoptan- tem eos, qui tuam ha^reditatem a- dire, populofque iftos ditione tenere debent. Proin vix dici poteft, quod nobis Iblatium obtulit fan(ftiflima: recordationis Pontifex Gregorius XV.Prasdeccflor nofter,dum nos'in coium Cardinalium coetum afcivit quos Anglicani matrimonii caufam cognofcere voluit, Enituit in nobis tantum negotium ciirerentibus fin- [gularisquxdam propenfio inMajc- Sftatem tuani, cujus cumfaveremus laiulibus, felicitati etiam confulcum cupiebainus. Nunc autem cum per Apoftolici fenatus luffragia ad lianc ftationcm pervenimus, ubi pro om- nibus terrarum regibus excubandum eft, non fatis expUcare pollumus ' quanta B \ rit^ce to be given away to grangers, and meafure the f^reatnej? of its lo(^ by the praifes of the Britijh Kings, and the glor^i of thofe Dominions. But this above all ought mojl to be lamented by the Chn(lian world, that- King James, the offering of Catholic k K trigs, and the Son of a mofl holy Mother, fJmild diffentfrom the Pope of Rome, and from his own Anceflors in point of Re- ligions w or (In p. For if thofe eminent parts which yon a mofl famoui Prince have poliflicd with Learning and Arts of Prudence, would a^ent to the Father of lights illuminating the Chriftian world. We eaftly apprehend horv much it would conduce tofhe Puhltck peace, that being King 0' Scotland, yi)» (hould join in one Kingdom th»\e Nations and Iflands divided either by the bars of the Mountains, or by th: depths of-' the Ocean. For your Majefty feems for that very reafon to be made Lord affo many Provinces, that they might more eaftly and quickly receive healing and (al- V at ion from him whom they obey. Wherefore we even then befought God by continual prayerSy who gives falva- tion to Kings, that fo many blefings by his grace conferred upon you, by which you are admirable in the fight of Poten- tates, might bring fafety to Britain, D and joy to the church. A blcfed hope from above not long ago jlnned upon us, when we underflood that you were defiroiis of a Catholick Alliance, and that the l(J'ue which (liould fucceed in the inheritance and government of thofe Nations might be begotten of a Catholick mother. Wecanfcarcelyex- prefi how much joy Gregory the Fif- teenth of blcffed memory, our Predecef- for, brought its, when he made m one of the Congregation of thofe Cardinals whom he would have to take cognifance of the Englifh Match : While we dif- c our fed of a matter of (0 great import- ance,we expreffed a fingular profenfion of mind towards your Maje(ly,and were both tender ofyourpraifes, anddefirous te provide for your happmef. And now being by the confent of the ApefioUcal Senate advanced to this flat ion, where we Hiftorical CoUeHions, P5 B D quanta nobis cura & defideiium fie Magnas Biitanni.r, ac tanci Regis dignitas. Divinitus vero accidifle videtur, ut prima? liters qu2e nobis in B.Pctri fede regnantibas redde- rentur, ex faerint quas Prxdeceflbri noftro NobilifTimus Carolu5 Wal- lix Princeps fcripferac, teftes fua* in Romanos Pontifices voluntatis. Nunc autem cum venerabile illud Conjugium, benedicente Domino, perfici cupiamus, alloqui te decre- vimus, nuUis Majeftatis tux Uteris expedatis, Cluritas enim Ponti- ficii Imperii dccus eft^ & quamvis in fedehac potentiflimorum regumob- fequiis culti commoremur, magnifi- cum tamen nobis exiftimamus, Tua- dente charitate, ad humiles ctiam preces defcendere,dum animasChri- fto lucremur : Primum ergo credere omnino te volumus nullum effe in orbe Chriftiano Principem, a quo plura expedlare pofTis paternas bene- volentix documenta, quam a Pon- tifice Maximo, qui te defideratifli- mum filium Apoftolicx charitatis brachiis compledi cupio. Scimus quibus te Uteris nuper ad tantum decus adipifccndum excitavit Gre- gorius XV. Cum in ejus locum ve- nerimus, ejus in te propenfionem non imitabimur folum, fed etiam fu- perabimus . Speramus enim Nunti- os e Britannia propeaiem allatum iri, quiMajeftatem tuam reiCatho- licx tavere teftentur, Catholicofque ifthic commorantes, quos Pater mi- fericordiarum afferuit inlibertatem filiorum. Dei, poenarum formidine liberatos, Regali tandem patrocinio perfrui. Remunerabitur ille qui di- ves eft in mifericordia, ejufdmodi confiUum, illuftri aliqua felicitate: Turn nomini Majeftatis tux plaa- dent regna terrarum, & militabunt acies cocleftis exercitus : Frendant licet dentibus fuis peccatores, mine- tur feditione potens impietas, fpe- rat Europa fe vifuram Jacobum Regem in Romana ecclefia trium- phantem , & Majorum" fuorum e- xempla novis pietatis operibus au- t •»■ gcntem. m are to tvateh and ward for all earth- ly Monarchs, m cannot fufficiemly de- clare what a care and dc fire rve have of Great Britain, and thz ho^nr of lo great a King. It feems to have heen a /pecial providence of God, that the fir (I Letters which we received reignin'r in the {eat of 5. Peter, were thofe which the moft noble QhixhPrince of Waks wrote to onr Predece(for, as a te^imon-^ of his affcBion to the Popes o/Roine, ^nl fince we now defire that this 've- nerable Marriage flwuldby the bkfSing of God be perfeBed, we refolvcd to write unto yon, without expeElinfr Let- ters frfl from you -, for Charity is the honor of the Papal Empire -, and al- though mo(l powerful Kings do homage to m in this feat, jct we account it glo- rious (charity fo perfwading ) to defcend to humble prayers, fo that we may gain fouls to Chrifl. Fir(l therefore we de- fire ydu to perfwade your fclf, that there is no Prince in the Chriflian world, frorri whom you can expert more evi- dence of fatherly affeBion then from the Pope, who de fires to embrace you a mojlde fired Son with the arms ofApo- flolical charity. We know with what a Letter Gregory the Fifteenth excited you to obtain fo great aglory. And fine e we have {ncc ceded him, we will not only imitate his inclinations towards you, but will exceed them. We hope we [liall (hortly have news out of England, that your Majefiy is favorable to the Catholick interefl -, and that the Ca- tholicks who live there, whom the Fa- ther of mercies hath vindicated into the liberty of the fons of God, beino- freed from the fear of punipment, en- joy your Royal proteBion. He who is rich in mercy, will reward fuch a pur- pose with fome fignal happinef : The Kingdoms of the Earth will applaud your Majefiy, and the Moft of Heaven will wage war for you : Thowrh ftnners gnafh their teeth, and impiety powerful to raife [edition threaten, yet Europe hopes fl)C f)}all fee King James tri- umphin<^ in the Roman Church, and increaftng the example of his Anceflors by new works of Piety, We do not diftritfl \ ^acobi 21. 96_ An 1(52-*. 'S^"^^"^' NondiffidimusadefTejam tempus Divini beneplaciti, quo illi qui Britannica: religionis laudes mo- numentis confignant , non femper alterius feculi tada loquentur , fed pr^efentis etiam Piincipatus decora confequentibus anatibus proponere poterunt ad imitandum. Majores illi tui te vocanc , qui tibi tanttE claritudinis & potentiar h.^redita- tem reliqueiunt, qui coeleftis legni fores Pontificiis clavibus generi hu- mano patefien aediderunt. Certe fieri non poteft , ut Majertas tua tot fjcculorum fidem , & Regum de te prseclare meritorum, judici- um auc contemnere audeat , aut condemnare. Nonne vides feftten- tia Majeftatis tUc-e iis omnino coe- lum eripi, qui tibi Regnum reli- querunt, cum cos in Religionis cultu aberralTe contendis •: Ita fi- eret, ut quos univerfa Ecclefia cives coeli & cohceredes Chnfti in ster- na patria dominari credit , tu ex ipforum fanguine prognatus tuo fuffragio c coelo detraheres, atque in errorum abyffum , & pocnarum carcerem detruderes. Non (entis tanti cogitatione facinoris ingrati rnimi tui vifcera perhorrefcere ^ Nonne ejufmodi coniiliis Regalis ingenii indoles reclamitat c* quam tamen tot Europe Nationes, dum ab Apoftolica iede diffentit, repre- hendere coguntur. AUiciat oculos tuos tantJE glorice fplendor , qua: tibi c coelo caput oftentat, & ma- num porrigit, in Sanduarium Dei Britannos Reges per te redu(5lura, coniitantibus Angelis, hommibuf- que plaudentibus. Jacebat olim in orbe terraram deformata serumnis Chriftiana religio tyrannorum mi- nas expavefcens. Eam vero non folum c latibulis eduxit, fed ad imperium eciam vocavit Impera- tor ille, quem Magna? Britannia: debemus, Conftantinus Magnus, Pontificia: authoritatis Propugna- tor, & Romance fidei aflertor : Hie aptum Majeftatis tux Regalis limitationis exemplar, non Reges V illi Hiftorical CoUeBwns, di^ruft th/tt the time of Gods good plcafare is now at hand , when they I who recommend to Hiftorj the pratfes of the Britifh Religion, [hall not al- ways f^eak of the deeds of another Age , hut ma'j be able to fropofe the frefent Government 4s a pattern of imitation to the Ages following. Tour Ance(lors call upon you, who have left you fo powerful and fo famous an in- heritance ; who believed that the gates of the kingdom of Heaven were open- ed to mankind with the Topes keyes. Certainly it cannot be, that your Ma- jefly jhould dare either to contemn or condemn the belief of fo many Ages, and the judgment of fo many Kings ^ who have dejerved well of you. Do you not fee, that by your Majefties opinion they are deprived of Heaven , who left you a Kingdom, while you contend that they erred in the worfhip of their Religion ? By this means tt would be, that whom the Univerfal Church be- lieves to be Citizens of Heaven, and to reign as Coheirs with C'hrtft in that everlaflin^ Country, you who are de- fcendedof them (hodd f natch them out of Heaven, and thrujl them into the bottomlep pit of Error, andthe prifon of hellifl) torments. Do you not per- ceive your bowels yearn at the thought of fo ungrateful an offence ? Are not fuch deliberations repugnant to your Royal temper ? which neverthele^ fo many Nations of Europe are forced to reprehend, while it diffents from the Seat of the Apoftles. L€t the fplendor of fo great glory allure your eyes, which looks out of Heaven upon you , and reaches you out a hand ready to reduce by your means the Kingdom of Britain into the SanBuary of God, with the conduct of Angels and acclamations of men. A long time ago, Christian re- ligion lay all along in the world fqualid and deformed with anguifh, affrighted with the threats of Tyrants : But that Emperor whom we ewe to Great Bri- tain, Conftantine the Great, the De- I fender of the Popes authority, and the j Avoucher of the Roman Faith, did not ■ only bring her out of her lurking places, but Hi^ioncai ColieBions, 97 but called her to an Empire . He is a fit pattern of imitation for -jOHr Ma- jefly-., net thofe Kings rvho have tranf- grefjed and dtfipated the Everlafting Covenant. Wecallfou, O mo[t rvijl)- ed for Son, from this Watch-Totper of the World, into the Society of his Glory •• j4dde one day te your pafl years, which all poflerity may celebrate with a grateful memory . Piit a Mitre of Eternal Glory upon your head , that in the time of your Reign , ive may fay with the Holy Jpoftle , / have feen a new Heaven in Britain, and a new City defcending from Heaven, B and a guard of Angels upon her Walls, if that (hould come to paf, we fbali make reckoning , that our Reign hath been happy to manktnde. This our Sellicitude we believe will be fo grateful untoyou, That we verily hope upon the receipt of oiir Letter , you will forthwith increafe the advant- age of the Catholicks which live there : which ifyouP)all do, you wiU exceed- ingly obltgeus, audwe jhaU conftgnto you the King of Kings debtor offogriat benefit , who jo long as hejhall pre- ferve your Royal Family in eminent Happinef , fhall fecond the wifhes of the Roman Church, and bring joy to D the holy Prelates . Dated at Rome at St. Peters, fub annulo Pifcator^, 15 Odloh.idz^. The firft year of our ReigHi illi qui func- ttanfgrefii diflTipantes foedus fempitcrnum : In ejus glo- ricE Societatem nos ex hac terra- rum fpecula te vocaraus , exop- tiflime Fill. Impone pr^teritis annis dieiii unum, grata totius pofteritatis memoria celebrandum. Impone Mitram capiti tuo hono- ris xterni , ut te rerum potiente dicere cum Sando Apoftolo pof- firaus ;, Vidi in Britannia Coelum novum & Civitatem novam de- fcendentem decoelo, &fuperraa- ros ejus Angelorum cuftbdiam. Id a contingec, Pontificatus noftri tempora generi humano fehcia aiFulfilTe arbitrabimur. Coeterum tibi Sollicitudinem banc noftram adeo gratam fore exiftimamus, it omnino fperemus te his literisac- ceptis ftatim Catholicorum ifthic degentium commoda audurura. Qucxl fi prxftitcris , & nos tibi miram in modum devinxeris, & Majeftati mx tanti beneficii debi- torem delegabimus ipfam Regem Regum • qui dum Regalem iftam Domum illuftri aliqua felicitate fofpitabit, Romans Ecclcfia; votis annuct , & Sacrorana Antiftimm gaudio confulec. 21 DatumRomx apud Sanctum Petrum [ub annulo Pi [ca- ter is, dte XV o£i^ MDCXXIII, Pont i f Cat Hs i"; 0. Nobilifimo ^acobi. p8 Htslorical Colleclions. An. 1623. Pope Vrlar.s Letter to fnnccCharU J\[obi!ifsimo Viro Carolo Trincifi Wallise, Urbanus ^afa OHavus. *- ^ t! Obiliflime Princeps, falu- tem & lumen Divinx gra- loe. Prima: litera: , qux Nobis ad Apoftolatus folium elatis redditiE funt , illcT fuerunt quas ad San<5tiflima! memorise Gregorium Decimum-qumtum Prxdeceflbrem noftrum ex Hiffania mififti. Manus ad coelum fuftulimus, & Patri mife- ricordiarum gratias egimus , cum in iplo noftn Regirainis exordio Pontificem Romanum eo Officii ge- nere colere Britarmus Princeps inci- peret.Singulari noftn quadam animi propenfione rei Anglicanx jamdiu tavemus, quo fadum eft, ut in hoc Antiftitum Conventu , & Natio- num Patria, Scoti tui, dum Cardina- lem ageremas, fe innoftram ponf- fimum Fidem ac clientelam con- tulerint. Patrocin^um autem tarn fplendid* Provinciae fufcipientes , identidem majorum tuorum res geftas , & Britannic arum Infularum laodes contemplabamur. Eos autem quo illuftriores orbi terraium ante- ad« a'tates oftentabant, eo nos impenfius cupiebamus confmnlibus Chriftianar p;etatis triumphis ha:c tempora illic infigniri. Cum autem Magna- Britannia Rex, Pater tuus, non niinortm ex ti'iiciplinarum fa- ma , quam ex potcntix vi gloriam concupierit, optavm.us femper, fupra quam dici poteft, ei divini tus iniignem aliquam offerri occafio- nem generis humanidemerendi, & coeleftis hxreditatis adipifcenda?. Nunc autem advenifTe tempus cre- dimusquo votis noftris frui liceat, cum ad tantum decus potentilTimo parenti aditum patefacere in pra*- fens videaris , Filius in maxima: um rerum fpem gcnitus. In ea enim fententia fumus ut arbitremur, tan- tum To tlie moft Noble Prince Charley, Pope Vrhan the Eight. Mo/? Tand that yoif (ball aUviiys be the defirc and care of our Eeign. Take heed mo fl Noble Prince, that the Counfcls of thofe who prefer worldly intercfis before heavenly, do not obdure jour heart. Make gUd the Hoft of Heaven which will fight in your Camps • and ret urn, O mo (I wt(hed for Son , tnto the embraces of the church nhich de fires you with the ap- plaujc and favor of Men and Angels 5 thatfo rejoycing in your Marriage, tve may fmg with joy , The Lord hath reigned and ^ut on comelinef. Cer- tainly you who defire the Marriage of a Catholick Virgin, ought to efpeufe the heavenly Bride, with whofe beauty So- lomon the wife (I of Kings, boafls htm- felf to have been enamored. For this is the Wifdom by which Kings reign, whofe Dowry is the fplendor of Glory, and an eternal Principality, and your Anccflors fought her in the Sanctuary ef the Roman Cbnrch, fevered from the contagion of the World,and repofwg in the Wifdom of God. We who write to you this Exhortation, and teflifie our Papal charity, defire to have your name renowned intheHiflories ef all Ages, and that you may he rec$rded among ft thofe Princes, rvhodefervingwellon Earth of the Kingdom of HcAven,are become the example of Vertue to p»- flcrity , and the meafure of wijhcs. We befeech the Father of Lights, that this bleffed hope by which he promtfeth us the return of fo great a Prince, by the conduct of the Holy '^-hofl, may 'forth- with fru^ife and bring Salv.runCnho\\cks obnoxious to any Lawsagainfl: Recufants -, and then to iffue forth two Genernl Commands under the Great Seal oi En^Lmd: The one to all Judges and Juftices of Peace; and the other to all Bifhops, Chartcellors , and Coramiffaries , not to execute any Statute agamft them. The General Pardon was pafled in as full and ample manner as them- felves could defire, or pen it : But to that vaft Prohibition to the Judges and Birtiops, fome flop was made by the Advice of the Lord Keeper, for thefeReafons. Firft, Becaufe the publilhing of this General Indulgence at one pufli, beget a General Difcontent, if not a Mutiny •, but the inftilling thereof into the peoples knowledge by little and little, by the favors done to particular Catholicks, might indeed loofen the Tongues of a few particular perfons , who might bear of their Neighbo-rs Pardon , and might Win^ vented their diflikes, would afterwards cool again and fo his J-aceh I 21, The Ticary begins to tend to a rupture. The Prohibi- tion to the Jiiilges and Bifhops, in behalf of the Catholicks fufptnded. Majefty might with more conveniency by degrees inlarge his favors. Secondly, Becaufe to forbid the Judges againft their Oaths, and the Juftices of Peace, who are likewife fworn to execute the Law of the Land, is a thing unprefidented in this Kingdom, and would be a harfh and bitter Pill to be digefted without fome preparative. The two AmbalTadors with much ado confented. That the matter lliould reft till the end of Six Moneths, ov the Tfifarit as arival-, yet they did it with a fticw of difcontent, as if the King performed nothing. The eiifaffedlionof thefcMinifters vvasfuppofed to be one rub in the way 6f this Alliance. And on the other fide, fome of the Princes followers in Spain, being zealous of the Proteftant Religion , difliked the Match, and (hewed their averfnefs to it. Sir Edmund Vermj ftruck an Englifli man, a Sorbon Dodor, a blow under the Ear, for vifiting and laboring to pervert one of the Princes Pages, who was fick of a mortal Feaver. Di- vers derided thePopifli Ceremonies, and Spanidi Garb, and flighted the Country , and fome committed irreverent adions in the Kings own Chappel, Hereupon they began to difguft theEngliHi, and to rail at Gtndomar for informing the King and State, That the Prince might be made a Catholick, Moreover thofe many Iiifli that fubfifted by Penfions from the Crown of S^ain, did no good offices •, and the Trench and Vene- tian Ambailixdors in tiiat Court , were conceived not to be idle : But there were greater things then thefe. The Duke of Buckingham, the Princes Companion and Guardian, was much difrelillied by the Court of Spain. His French garb, the height of his fpiiit, and his over-great fa- miliarity with the Prince, were things oppofite to the way, and temper of that grave, fober, and wary people. And the Council of Spain took exceptions, that he (liould come with fuch a fupcrintendent power in that great affair, among fo many grave Statefmen, to the prejudice of foable a Minifter as the Earl of Briflel, who had laid the firft ftone in that build- ing: Whereuponhispower was called inqueftion, and found imperfedt, in regard it was not confii-med by the Council of England : Moreover, the Duke lay open to fome affront, which inraged him fore againft the Some of the Englifh in Spain, d'\[\\ke the Match and Religion. The Duke dif- guflcd in Spain. C ends' lOZ Hijlorical ColleBions . An. 162$. Buckingham and Bnpl run different ways. The Palatine by his Secre- tary labors to engage the Prince againd the Marriage. The Spaniard continiKs new delays. The Englifh I'apirts per- plexed. Conde olivares ^ and things grew to that extremity between the Duke and that Kings Minifteis , that they did not ftick to fay, That they would rather put the Infanta headlong into a Well, then into his hands. Never- thelefs, in the Prince himfelf they obferved an extraordinary well (laid temper and grave comportment. In the prefent adlion, Buckingham and 5?-//?^/ ran different ways with great animofity .• Briftol had the advantage in Spain, yea, in the Court of England he had gained a great efteem and powerful party , and had wrought himfelf into the Kings opinion by his ftrenuous Negotiation and pleafing Services. As concerning the Dukes demeanor, the opini- ons in England were very different : By the people in general who loathed the Match, he was favored for his care of his King, Prince, and Coun- try -, but by the Court he was much maligned and cenfared, as the occa- fion of thofe delays , by diverting and changing the ways wherein they began to treat : But the King himfelf was very referved , either ftill loving the Duke , or over-awed by his intimacy and power with the Prince. For in all occurrences the Prince clofed with him, and feemed to give him a large room in his heart. Now the Dukes friends at Court preffed him to return fpeedily,andby all means with the Prince,andaffured him, That the longer he flayed there, the ftronger he made his enemies, and himfelf the weaker. And Buckingham well obferved, that he had little obligation to Spain, and had reafon to feek fome furer props to uphold his greatnefs. And to draw him farther off, the Secretary of the Prince Palatine coming to Ma- drid, under pretence of praying the Duke to be God-father to one of his Mafters Children, labored to engage him againfl the Marriage : For the Palatine could not relie on the new overture of Marriage between his EldeflSon, and the Emperors yongcft Daughter, it being a labyrinth out of which no Thred would guide him, were the Propofals already granted : For being an a6t of fo many various parts, as the Pope, the Emperor, the King of Spain, the D\ike o( Bavaria, and divers others , it muft needs b.e full of tedious intricacies. What Money or other condi- tions could be offered, that were like to fatisfie the honor, humor, and huge expence of the Bavarian, for quitting his conqueft to an irrecon- cileable Neighbor 'f What Forein Alliance is able to perfwade the Em- peror, who hath changed all Tenures of Election into Succeflioa, and lliaken the antient Freedom of the German Princes , that he fhould re- vive his Enemies dead forces to the prejudice of all that he enjoys, or afpires unto •: Would the Pope be won to fuffer Heidelbiirgh, which he accounted the moft dangerous Neft of Hereticks after Geneva, to return to her former ftrength •: Befides the Education ot the Palfgraves Son in the Emperors Court, and the Sequeftration of his Country, during his Sons Nonage , would be required as neeeffary to that Con- jundion. By this time the King muft needs be full of jealoufies, and the Prin- ces patience well nigh fpent hy ihQ Spaniards intricate proceedings 5 for the Divines infifted ftifly, That the Confummation of the Marriage, and j the delivering of the Infanta, fhould be deferred to the next year -, which feemed a rigorous Propofal. Howbeit, that Kingpromifed to abate the rigor, and engaged himftjf to accomplifli the Marriage at C/»r////w^ fol- lowing, it the Prince would continue there fo long. But the refolution touching the delivering of the Infanta, was unalterable. The Englifli Papifts apprehending that a Rupture was like to follow, were HiHorical CoUeBions, B D were much perplexed : A great Stickler, Sir 7ohy Matthews by name, did prefs his Catholick Majefty to give the Prince fome foot of ground, upon which he might be able to ftand with honor, in complying with that extraordiaary affedion which he beareth to the Infanta. Moreover he protefted to him , That if the Catholicks of thefe Dominions Ihould grow liable to perfecution or afflidion by the occafion of th:s breach , through the difguft of the King and his Council, or through the power which the Puritans aflembled in Parliament will infallibly Iiave with him, that blood or mifery may be partly required at their hands who have ad- vifed his Majefty not to accept thofe large Conditions which the King and Prince had condefcended unto , and that more then Moral fecurity which they had offered for the performance thereof. Now the Prince is thinking to leave the Court of Spain, and they fay he wrote to his Father a Letter of high Defpair, wherein was this palTage, Ton mufi norv Sir took upon my Sifter and her Children, never think- ing more of me, and forgetting that ever you had fuch a Son : Whereupon King ^ames fent fwitt difpatches to haften his return. The King and Council of Spain leemed to be ftartled at thefe Refolutions, and his Ma- jefty importuned the Prince, That having ftaid fo many years for a wife, he would ftay fome few moneths longer : And if he pleafed to give way that the Infantas journey might be put off till the following Spring, he would give him a Blank to write his own Conditions touching the fur- render of the Palatinate. But when his Highnefs urged Reafonsfor his departure, they took the matter in debate afrelli, and confented upon Gath firft given, as well by his Catholick Majefty, as by the Prince, to accomplifh the Marriage , and' to make tiie Efpoufals within ten days after the Ratification fliould come from Rome: To which purpofe the Prince made a Procuration to the King of Spain, and Don Carlos his Bro- ther, to make the Efpoufals in his Name, and left it in the Earl of Bri- ffols hands. Neverthelefs he left in the hand of one of the Dukes Crea- tures, a private Inftrument, with Inftrudions to be delivered to the Earl of Bristol, to ftay the delivery of the Proxies, till further d-:redion from liim, pretending. That the 7;i(/^z»^;t might retire into aCloifter, and de- fraud him of a Wife. But thefe Inftrudions were to be concealed from the Earl till the Ratification came from Rome. The Duke not regarding a Ceremonious Farewel at Court, departed haftily a little before the Prince, pretending to prepare the Englilh Navy that lay at the Port of St. Andrew for the Princes tranfportation. oUvares and he had but a liarlh parting ^ for he told oUvares , That he was obli- ged to the King, Queen, and //?/4«?4, in an eternal tye of gratitude; aod that he would be an eveilafting Servant to them, and endeavor to do the beft Offices for concluding the Match, and ftrengthning the Amity be- tween the Crowns : But as for himfelf, he had fo far difobliged him, that he could not without flattery make the leaft profeflion of friendlliip to him. The Cende replied lliort , That he accepted of what he had fpoken. The Duke departing with fo little fatisfadion, the Spaniards concluded, that he would endeavor by all means poflible to hinder the Marriage. But the Prince for his part had gained an univerfal love, and was re- ported by all, to be a truly Noble, difcreet, and well-deferving Prince -, his gra\^e comportment fuitedwith the very ^^t-;?//^ of that Nation, and he carried it from the firft to thelaft with the greateft affability, gravity, I and conftancy •, and at his farewel , with unparallel'd bounty •, and he left lo: J'acobi 2 1.. The Prince rearly to de- part from the Court of Spain, leaves a Proxy with the Earl of Brijiit. The Duke and OUvares pare not Friends. The Prince univerfaily ftccmed. 10^ Hiflorical CoiieBions, An. 1625. His departure lolcmn. The Prince feafteil the Dons aboard his Ship, and bringing tbcm back again to thefhore, a florm fur- prifcs them. ExprefJions of )oy for the Princes fafe return into England, Private Tn- rtniftions de- livered to Brijhl, con- trary to the I'roxy. leftbelunde him Gems of ineftimable value for the Infanta and feverd Grandees. His departure from Madrid,htin% the 1! wtMtho't Seftemher, was very folemn the Queen and the Infanta were prepared m great magnificence with a Train of Grandees, and Ladies, to receive his farewel : And among other pafTages, this one was taken to be an Argument of the In- fantas real love to the Prince, That flie caufed many divine duties to be performed for the fofety of his return into England. The King brought him on his way to the Efcurial, and there feafted him, and at the Minute of parting, declared the Obligation which the Prince had put upon him by putting himfelf into his hands, a thing not ufual with Princes ^ and he proteftcd. That he earneftly defired a nearer Conjundtion of Brotherly affedion, for the more intire unity betwixt them. The Prince replying to him, magnified the high favors which he found during his abode in his Court and prefence, which had begotten fuch an eftimation of his worth, that he knew not how to value it •, but he would leave a Mediatrix to fup- ply his own defers, if he would make him fo happy as to continue him in the good opinion of her his moft fair, and moft dear Miftrefs. From thence he was attended with a Train of Spanirti Courtiers to the Englilli Navy, where he feafted the Dons aboard his own Ship -, and when he was bringing them back to (hore, there arofe a furious ftorm wherewith the Barge was fo driven, that it could neither fetch the Land, nor make to the Ships again. The night came on, and the tempeft and darknefs meeting, made their condition defperate •, till at length efpying alight from a Ship, near which the winds had driven them, they made towards it, and then with extream hazard were reimbarqued. It was obferved , That the firft words his Highnefs fpake after he was embarqued, were , That it was a great vveaknefs and folly in the Spaniard, after they had ufed him fo ill, to grant him a free depar- ture. The Prince arived at Pert[mouth, October the Fifth, and no fooner was he landed, but it appeare^?!, that he was the Kingdoms darling, the peo- ples hearts did burn to fee him, and unanimoufly praifed God without any PubhckEdiiiards delays, and Brtflols mifcarriagcs, drew him to alter the whole ftate of , the Treaty. Hereupon the King fenJs an exprefs command to Bri/lol, | ^^'■"; 'l"-"' .to deliver his thanks to the King of Spain for the high entertainment, 'nimtiono'ffhc' perfonal ki.ndnefs, refped, and favor, received by iii§ Son the Prince, who was returned fo well fatisfied, as that he was notable tomagnifieit fuffi- cicntly. And further to let him know, That to make a firm and indif- folublc union between their Families, Nations, and Crowns, and withal not to abandon his own Honor,nor at the fame time to give joy to his only Son, and to give his onely Daughter her Portion in Tears , he had by the advice of that Kings Ambail'adors entred into a Treaty for the Refti- tution of the Palatinate-^ that he always underftood and exptded thiac I upon the effeding of this Marriage, he ihould obta'n the reftoring of his I Son-in-law, both tohisCountrey and Dignity-, and that the Emperor, P either iKing Jtimes 'falls cff, and j'fiiraCondiri- on of rlic Ma- Palatiiiajs. io6 Hisiorical CoIleBions, An. 1623. Erifiol an(l AJhti demur upon the new Inftiudions. either by finding out fome great Title, or by increafing the number of the Eledoral Sides, might {atisfie the Duke of Bavaria. And for thefe Reafons the King commanded Eriftel inftantly to procure from that King, a punctual Anfwer touching the courfe he refolves to take, for the reftitu^ioiVof the rdatinatc, and Eledorate, and what aflurance fl-iaU be givejf'for^is contentment, if the Emperor or Duke oi Bavaria lliould oppo'eany part of the expected reftitution. Moreover, he gave dire«ff i- on, andfignified his fpecial defire, that the Efpoufals ihould be made in one of the ChriflmM Holidays, becaufe that holy and joyful time would bed become an adion fo notable and blefled. The Earl of Brifiol, with the Concurrence of S\i Walter A(ton, took boldnefs to demur upon thefe new Inftrudions-, and yet again torepre- fent to his Majefty the ftate of thefe affairs, thty inform him, that by de- ferring the Epoufals till Chri(imits, the powers were made altogether ufe- lefs and invalid , there being a Claufe in the body of them. That they fliall remain in force till chrifimas, and no longer. And the fufpending of the execution of the powers, till the validity of them be expired, is an effedual revoking of them : Befides, the pretexts of this delay are no new, but old matters, which were often under debate, but never infifted on to retard the main bufinefs. And it will be thought, that they Hiould rather have hindered the Grant of thefe powers , then the execution of them being granted. Surely, a ftaggcring in the former refolutions will be fufpected, and the clearing thereof between Spain and England will coft much time. As concerning the Prince Palatine ^ it w'as the care of the Spaniili Minifters, that that buiinefs might be well compounded before the Infanta s coming into England: For they' fay, that otherwife they might give a Daughter, and a War prefeatly follow. Befides, theln- flru<5f ions given under hisMajefties hand, were indeed to infift upon the reftoring of the Prince Palatine, yet not fo to annex it to the Treaty, as thereby to hazard the Match : For he feemed to be confident, that the one would never grow to a conclufion, without a fetled refolution to ef- feift the other : And the Prince and Duke during their being in Spaifj, obferved the fame courfe. Moreover the Palatinate affairs have relation to many great Princes intereffed therein, and cannot be ended but by a formal Treaty, which will require a great length of time •, and if the con- clufion of the Match fliould depend thereon , the Prince may be long enough unmarried, for the advancement of their intereft who defire he fliould fo continue, or not match with Sj^ain. The preparations for the Marriage goon chearfully, the Popes Dif- penfation is hourly expected, with an intention to demand the powers im- mediately, and upon what pretext fliall they be detained ^ Shall we al- ledge his Majefties pleafure, that the folemnity be performed in the ChriftmasHolidays <: But that is impoflible, for the powers are then ex- pired. Shall we urge the reftoring of the Palatine ? This was not made a condition, but was treated as a bufinefs a part. The delay of the De- fponfario's will put a fcorn upon the Infanta, and upon the King of Spain, who hath called himfelf the Infanta's Defponfado. And this cannot ftand with that exad and honorable dealing which his Majefty hath hitherto ufed. Now upon thefe Inducements, in the refult and clofe of all, the Am- baffador humbly advifed the King to return to the former ftate of the Treaty, and to nominate a day for the delivery of the Proxies, and re- ' folved fomewhat to protraft the time for the receiving of his Majefties further direftion. Thus Hi^orica! CoUeBions, ioy Thus did the Earl of 5r/T/o/ endeavor toreftorethe bufmefs-, and the better to bring it on, Sir Walter AHon labored to reconcile the Duke to Spain by this manner of Infinuation : He believed that his Grace was infinitely provoked to bean enemy to this Match, and might have many Reafons fuggefted, how much it concerned him to break it with all the force he hath i yet he could not believe that the Error of one Man, can make him an enemy to that which carries in it fo much content to the King and Prince , nor that his judgment can be led by thefe Arguments, which under colour of fafety, would bring him into a dangerous labyrinth. For the moft profoerous War hath misfortune enough to make the Author of it unhappy-, and how innocent foever his Grace might be, yettheoccafions which have been given him, will make him liable to iuch an afperfion. But if the Match proceed, and takeefifedt, hewull have the lionor thereof, and the Infanta being duly informed, muft needs acknowledge him to be the perfon unto whom, in that behalf, (he is moft B obliged. But thefe Motions incenfed Buckingham : And now having the Prince linked to him, he could over-rule the King, and bear down all his Ad- verfarics. The Prince and the Duke began to take a popular way, and to clofe with thofe of the Privy Council and the Nobility that were op- ^oCne to Spam, and beft liked of by the Puritan party : They projeded alfo the calling of a Parliament .to confult the Nation, and to clear the Kings integrity, and to gain to themfelves agreatefteem in the hearts of the people. And fome there were that fuggefted to the King," that the Dukes de- fign was to prevent the Princes Marriage, notonely with i'/'4/«, but any where elfe, that his own greatnefs might ftiU be abfolute. For, fay they, were it love to hisCountrey that led him to a breach andWdtwiih Spain, there was as much reafon for a breach of the Match and Peace, when the Parliament urged it, as now there is. And they faid. That the approach- ing Parliament was to marry ihe Duke to the Commonwealth, that he might ftand not onely by tire King, but by the people and popular humor, which of late he hath courted earneftly •, and fo they warned the King to have more fpecial care of his own prefervation. But the Earl of Bristol was ftraightly commanded to follow the new Inftru^ions •, namely, before-he deliver the Powers, or move to the Con- trait, to procure from the King of Spain, either by Publick Act, or by Anfwcr, under his Hand and Seal, adired Engagement for theReftitu- tion of the Palatinate, and the Ele«5loral Dignity •, by Mediation, or by the afliftance of Arms, if Mediation fail , together with a limitation of the time, when the way of Mediation lliall determine, and theaflfiftance of Arms begin. And the King declared. That he had reafon infinitely to think it requifite to deal plainly and clearly with his Brother of Spain, be- caufe the Bcrkjlrot in the Palaiinttc, the prime flower of his Son-in-laws Revenue, was taken by the Arms of Spaitr, and put into the pofteflion of a Spani/liGarifon, or under their command •, and theCouncrey -or Re- venue thereof, was contrary to the Contrad witji the Infanta at Srttxds ; and upon an old pretence, freflily delivered into the hands of the Bilhop of Mcntz., being none of thofe to whom Intereft or Mediation iiad been formerly ufed, or thought of 5 who were onely the Emperor, the King of Spain, and the Duke of Bavaria,. And concerning the Marriage Portion, he abfolutely re)e<5lcd both Jewels and yearly Revenue, as contrary to the firft Agreement, and ex- P 2 pe(5ied 21 D ^acobi. Sir Walter Aflon etiilca- vois to recon- cile the Duke to Sfain. Advice to the King touching the Dujje, The Earl of Briftol'M com- inanded by the-King to follow the new Inftrufti- ons. io8 Hifiorical CoUeBions, An. 1623. King James puts the Fata- me in hope, by Propofal of new te; ms. Tlie Palatines Anfwer to thofe Terms propofcd by the King. pc<5led the Total fum in fpeck , at reafonable times of paymenr. As touching the Efpoufals , he commanded the Sufpenfion of the Powers left, and fent the Powers renewed by the Prince, for a larger time, that no blame might light on him, or his Son, in cafe that King could not give fatisfadion in fo fliort a time, as that where in the former powers would become invalid. In the mean while he faid he was ready to pro- pound good ways to fitisfie the Duke of Bavaria in point of Title and Honor, and to continue the Negotiation for Matching the Palatines EI- deft Son with the Emperors Daughter. The Earl of BriFfol had a difficult part to a(fl in Spain, and in England the Duke fee all his ftrength to crufh him. The Surrender of the Pala- tinate to the Kings contentment was not probable, after it was ranfacked and alienated , and as a common Booty (liared in parcels to feveral Princes. Neverthelefsas yet the King hoped by Treaty to compofe the whole bufinefs, and to fatisfie the feveral Interefts. And having by his con- tinued patience and induftry reduced Matters to a Circle of leflier extent then the former generalities , tendered to the Palatine thefe terms of hope. In the firft place, That he make a due fubmifTion to the Emperor under convenient Limitations, which Ihall firft be granted in Conformity to that which is Noble, with Affurance requifite for the free and fafe go- ing and return of his Perfon and Train. And that this being done, a Prefent and full Reftitution of all the Palatinate fliall be made to the perfon of his Son, and that he himfelf (liall be his Ailminiftrator during life •, and that after the death of the Duke of Bavaria, his Son fliall be eftabliflied in the Electoral Dignity. Moreover, if the Marriage between his eldeft Son, and one of the Emperors Daughters lliould take effed, it would enfure the enjoyment of all according to the prefent Contrad, and make way for the bettering of the Conditions to his own perfon. In Contemplation of which Mariage, the other party hare approached a degree nearer, to wit. That the Eledorate iball return to his own perfon after the death of the Duke of Bavaria. And as touching the many difficulties in the Treaty of this Mariage , to wit, The Education of his Son, he had devifed a way for the fatisfadion of parties, which was, That hefhouldbebiioughtup, neither at th^Ha^ue, nor in the Emperors Court, but with his'own Son, the Prince of pJ^'^/e/ , and in the prefence of the Infanta of Spain, after her arival in England. Upon thefe Over- tures the Kingadvifeth his Son-in-law to have recourfe to his own Wif- dom, and after mature deliberation , to make a choice agreeable to the lionor and fafety of his eftates. And he delivered his own opinion, That a ready entrance into the pofTeifion of his own eftate, with a kinde of pre- fent liberty, and an aflurance in time torecsver more, wastobechofeq rather then his prefent bare condition and hazardous expedation upon other' uncertain means. Upon the tender of thefe Propofals, Letters of Confultation vveie fent to the King from his Son-in-law, and from Sir Dudley Carlton to the Duke of Buckingham •, who, for the greatnefs of his power, was to be courted and made a friend in all tranfadions. To the fubmifTion in the firft place required, reply was made, That in natural order , the Reftitution which was material and fubftantial , ought to precede the fame, which was but a point of Ceremony, or at leaft, it is neceffary that all things berefolved, and fetled is fuch affu- rances as fhall be held convenient , otherwife a fubmiffion might be yielded, HiHorical ColieBions. 1 05? B D !F yielded, and the Reftitutien never follow. Befides, if the Emperors intentions be fincere, and real, and without any aims to take advantage upon the Palfgravcs perfon (as the Emperor, Charls the Fifth, did upon the Landgrave of H((fcn , under the fubtjle diftindiion of a fyllable in the fafe condud) the SubmilTion might as well be made by a Deputy • by which means he might be freed from thofe apprehenfions, which the Executions at Prague, and other cruelties ufed by the Imperialifts, might nnprefs in his minde. Moreover, a SubmiHion under the fpecified Con- dition ot yielding the Eledorate to the Duke of Bavaria , will pre- judice his caufe for ever: For the Electors oi Saxon) and Brandenbtirgh, who have always protefted againft the Tranflation, and the other Princes oi Germany who have like-feeling, willdifavow their own Proteftations in regard of him who fliall abandon his own pretenfions ; and inftead of favoring him, may be made his enemies. The experience ot things may (liew what iffue is like to follow a confeat to the like Conditions ; for the Emperor had manifeftly abufed him in two Overtures already. Firft, The Inftrument fignedfor the Conditional Refignation of the Crown of Bohemia, in tlie year One thoufand fix hundred twenty and one, fcrued the Emperor to accelerate the Treaty then on foot with Bethlcm Gaber. Secondly , The Ratification of the Sufpenfion of Arms the laft Summer,/ ferved to intimidate the Electors of Brandenbtirgh and Saxony, that they may not undertake any thing againft the Emperor. For both the one, and the other, were for thefe very ends divulged bytheEsnpe- ror before anything was therein concluded: And fo will the Emperor make his advantage of the prefent Propofition, both to hinder thePro- grefs of /, was for the fi- delity wherewith he had ferved his own Mafter. Hereunto the Earl made anfwer. That he was forry and much affli(5led to hear fuch language ; And defired that they ftiould underftand, that neither this King nor Spain were beholding to him •, For whatfoever he had done, he thought the fame to be fitteft for his Mafters fervice and his own honor, having no relation to Spain ; and that he ferved a Mafter, from whom he was aftiired both of juftice and due reward -, And nothing doubted but his own Innocencie would prevail againft the wrong intended by his powerful Adverfaries : And were he fure to run into imminent danger, he had rather go home aud caft himfelf at his Mafters feet and mercy, and therein comply with the duty and honor of a faithful Subjed, though it fhould coft him his head, then be Duke or Infantado of Spam ■• And that with this refolution he would imploy theutmoftof his power to maintain the Amity between the two Kings and their Crowns, and to ferve hisCatholick Majefty. After he had taken his leave and was ready to come away, he had an- other Profer made unto him in private of Ten thoufand Crowns to take with him in his purfe, to make his way and go through with his troubles, if haply his own monies might be feifed upon: And it was told him, no body (liould know it. Yes, faid he^ one would know it, who he was afllired would reveal it to his Majefty, njiz. the Earl o^Brijlol himfelf, and it would make him not fo clear in his cnvo heart as now he was 5 and lb he rcfufed the offer. CL The Olivares cffers Bnjiol large Prefeiments in the Kings name, wlicn he was to take his leave. Erijiols An- fwer to thofc Prefers- IL HtUorical CoUeBions. An. 1623. Tlic Sfunianh prepare for a V^'ar with Enghnd. The I.. Ken fingtm fcnt AnibanTiulcr mxo France to feel the puhe of that Court toiie-iiing a Match, ren- ders an ac- count of "his acceptance. The Match was now truly broken, but as yet the breach v/as not de- 1 clared, nor the Treaty quite fallen to the ground, but continued after a lansuilhing manner in the hands of Sir Walter Afton, The SfAniards by all Advertifements horn England were advifed to exped a War, and accord- ingly they went ferioufly to work,and prepared themfclves.for what might happeh •, And A(ton being there upon the place, conceived it high time that King Jumes lliould refolve upon fome courfe to allay the Itorm a- rifing, or to go hand m hand with them in equal preparations. All that was teft alive'of the Marriage-bufinefs, was no more, then that thofe f ewels which the Prince had left at his Farewel were not yet returned : But if the Letter then expefted from England brought no better Anfwer to their laft Offer concerning the Pa! at in ate, then, fuchas they had hitherto received, they will return the Jewels, and declare the Marriage broken. For by this time they had received intelligence of the Princes treating a Marriage with a Daughter o[' France, the Lady Henrietta Maria. And fo it was, that King ^ames had lately fent the Lord Kenfington, afterwards Earl of Holland, to enquire covertly whether the Match were feafible, be- fore he would enter into a Publick Treaty. The Lord Kcnfmgton returned tliis Accompt of his Negotiation: That there appeared in the face of that Court an extraordinary fvveetnels, fmoothnefs and clearnefs towards an Alliance with £»^/.fW 5 ThePrin- cefs herfclf was obferved feldom to liave put on a more cheerful counte- nance, then llie had done the firft night of his appearance in that Court •, The Queen, though a Daughter of 5/?/z/w, wifliedthis Match morethea that intended with her own Sifter ^ And the Queen-mother who will have the chief ftroke in the bufinefs, expreffed her good will and favor, as much as might ftand with her Daughters honor. For the French ob- ferve theafpiring of the King o^ Spain to the Monarchy of Chriftendom, and his approaches to the Kingdom oi France, and his encompafTmg it on all fides-. And theydifcern that an Alliance with England is the fureft way to oppofc the mightinefs of that King : And upon the fame accompt they promifed brave affiftance to the United Provinces, gave great en- couragement to Count Mansf eld and Duke Chriftian oi' Brunfwick -^ A Gentlemanof the Religion was fent to Liege to offer them the Kings pro- teftion, if that Town will feek it. Neverthelefs they have not diredly embraced this Overture of Marriage, becaule we have not as yet wholly abandoned the Treaty with Spain ^ left they fliould lofe the Friendfliip of a Brother- in-lav^-, to gain another which may poffibly £iil them. But they fay that their hearts are not capable of more content, then to fee this Motion upon a Publick CommilTion, and all that may touch upon the way of Spain diffolved. Neither are tliey like to ftrain us to unrea- fonable Conditions in favor of the Roman Catholicks m his Majefties Dominions : For in that matter their Pulle beats fo temperately, as to promifea good Crifis therein : And in cafe his Majefty be drawn to banifh thePriefts an^l Jelbites, and to quicken the Laws againft other Catho- licks, to keep a good Intelligence with his Parliament, yet they fay, they hope he will not tie his hands from fome moderate favor to flow hereafter from the mediation of that State, which is all they pretend unto for the faving of their honor, who otherwife would hardly be reputed Catholicks. Thus the Lord Kenfmgton having rendred an accompt of his diligence, advifed to go on roundly with the Match, left otherwife, though never fo well affeded, they be altered with the Arts of Spain .• For ( faith he ) un- Htftorical Coiie&ions. "5 B The King ad- vifed to call a Parliametir. undoubtedly the King oiS^ahi will refolve, iKpolTible, to oblige one fide •, ^-acohi 2 r And as the French do think he may pleafe England with the reftitution oF the PdUtwate, (o we may think he will pleafe the French with rencring of the raltoline. But without the alfiftance of Parliament, and compliance with the people^the King could not go through with thofe weighty works which he was now to take in hand. Now the things which troubled the People,were fet forth to the King in three particulars : As^That for the Siib- fidics granted in the two lajl Parliaments, they received no retributions by B'ls of Grace : That fome of their Burgc(fes rvcre proceeded agamfl after the Parliament rvits diffohed: And that when thej have (atisficd the Kings demands,he mllne- verthele f proceed to the conclitfionofthe Spanijh Match. Hereupon feme of his neareftCouncil perfwaded him to begin the work by removing the peoples Jealoudes •, and to caji aivayfome crums of his Crown amongst ihem,and thofe criims would work miracles and fat is fie many thoiiftnds. Ana whereas the aim of the fcrmerTreaties was the fetiing of an univerfal peace in Chnlf endom, and fince the malice of deceitl:ul men hath croft thole fair ways, abufing his Majeftics truft & goodnefs, he muft caft about and fail by another point of the Compafs,whereby he might fecurely and eafily attain to his noble and pious ends.The means whereunto were thefe: Firft,thac his Enemies know the Lyon hath teeth & claws; Nexc,that he imbrace and invite a ftri(5t affo- ciation and friendship with thofe, whom neighborhood,alliance,and com- mon Intereft of State and Religion had joined to him. i^'^^.ip.the Parlia- ment began at Wefiminfler: The King being fet in the Throne,fpake thus. " f Have afTembled you at this time, to impart to you a fecret and *^ A of great importance as can be to my State, and the State of my D matter my Chil- " dren •, wherein I crave your beft and fafeft advice and counfel, according "as the Writ whereby you were alfembled imports, That the King would " advife with you in matters concerning his Eflate and Dignity. And as I have " ever endeavored by this & the like ways to procure and cherilTi the love " of my people towards me,fo do I hope,and my hope is exceeded by faith; " for I fully now believe,that never any King was more beloved of his peo- " pie : whom as you my Lords and Gentlemen do here ieprefent,fo would " I have you truly to reprefent their loves all tome-, that in you as in a true " Mirror or glafs I may pertedly behold it, and not as in a Falfe glafs that "reprefents it not at all,or otlierwife then it is indeed. Give me your free " and faithful counfels in the matter I propofe, of which you have often " heard, the Match o[ my Son: wherein,as yoa may know,I have fpent much " time,with great coft, in long Treaties, delinng always therein ( and not " without reafon hoping to have eftecled my deiires) the advancement of "ray State and Children,and the general Peace of Chriftendom,whereinI " have always conftantly labored,dcpending upon fair hopes and promifes. " Attheearneft inftanceofmy Son, I was contented (although it was of " an extraordinary nature)to fend him to profecute hisdefires in Spatn,» and Frankcndale, if they be taken ^ and if this be denied, to prefs to have leave to march through the King ot Spains Territories with an Army, for the recovery of his Childrens Patrimony •, and that the King of Spain (liould aflifl: us with iris Forces. The Dukedefired the Houfes to take for tru:b wlut ever he lliould fay, granted and attefted by the Princes prefence • and declared, That tiiis J'acohi : The Dukes NiiTative. no Htslorical ColleBions. An 1623. thisLetterwasnot puthome to the uttermoft by 5r//if('/. Hereupon a Difpatch was fent away to my Lord of BriHol, cxprefly commanding liim to prefe his Diredlions more home then yet he had done, and in cafe he (hould be denied or delayed by the King of Sp.ii/i, then to take his leave, and come away : This was^not fo fully exafted by ray Lord of Brislel. Porter that carried thefe Letters was commanded not to (tay above Ten days, who after he had been there fome Four or five days, and faw nothing towards a Difpatch, went himfelf to the Co»Je olivarcs (having been his Creature) and defired him that he would fpeed his Difpatch •, olivares asked him what he would have •: who replied, No more then what had been formerly promifed •, that in cafe the Emperor fliould deny the Reftitution of the Pabtinate , the King of Sfam fhould affift our King by Arms to recover it, or elfe give way to our Forces to March thi- ther, through his Countrey. oHi'ares replied^ That thiswasaprepofle- rous demand ; What to affift with Arms againft the Kings Uncle, and the Catholick League •; Porter fpeaking to him of the Marriage of our Prince with the Infanta of Spain, he told him, That he under ftood not a word of it. Porter acquainting BriFiol herewith, he faid. He would call olivares to an account, if he held this Language with him, and would make him undcrffanrl. That zti^zx\ oi England, was as good a man zszConde of Spain. But fend mg for P^^r^fr the next morning, he changed his reColu- tion,, and concluded to carry the bufinefs more calmly, and faid the Conde was fo referved, becaufe he was flie and dainty to report thofe Myfteries with that freedom to him, who was not qualified as a Publick Minifter. TheC(9Wewas zn^xymih. Porter for communicating what he faid to ^r/- (lol. Mr. Porter returned with a Difpatch fraught with Generalities,with- out any one particular or certainty at all made in relation to the Prince's Highnefs •, who thereupon took his refolution to go in perfon to Spain, and gave himfelf thefe Reafons for the enterprife. He faw his Fathers Negotiation plainly deluded. Matters of Religi- on gained upon,and extorted 5 his Sifters caufe more and more defpei aj;e •, and that this was the way to put things off or on- and that in this parti- cular, delay was worfe then a denial •, and that according to the ufual Proverb, A defperate difeafe, mitfi have a defperate remedy. Hereupon the King commanded the Duke to accompany his High- nefs in his Journey. II. The Treaty of the Marriage fevered, and by it felf. T 7 T 7 Hen the Prince had arived at Madrid, the Conde gave him a vifit, V V magnified exceedingly the Princes journey, amplified the Ob- ligations his Highnefs had put upon that King -, and faid, That now with- I outallperadventure itmuftbea Match, and we muft part and divide the whole World between us. Thenextday tlie CeWf taking the Duke into his Coach, and Mr. Porter, for his Interpreter, falling into difcourfe of the Match, he faid unto the Duke, Let us difpatch this Match out of hand, and ftrikc it up without the Pope : The Duke anfwered, He liked the manner very well, but A B D Hijiorical CoUcHions. i2i B D but clefired to undeiftand the Menns. The Means, quoth the Conde, is very eafie •, it is but the Conveifion of the Prince -, which we cannot con- ceive but his Highnefs intended upon his Refolution for this Journey. The Duke anfwered forthwith. That with freedom they came thi- ther, and with freedom they would return again -, they were no Juglers neither came tliey to S^ain to make new bargains : That the Prince was fetled in his Rehgion-, his Confcience was troubled with no fcruples in that kinde : It they ftrnck any more upon that ftring, they would mar all the harmony. Then faid the Conde, there is no way but to fend to Rome to haften the Difpenfation ^ to which the Duke affented. Hereupon the Condi wrote his Letter to the Cardinal io^(?w/«4, the Popes Nephew 5 which being lliewed to the Duke, fcemed to him to be very heavy • the Duke therefore dcfired to quicken it with thisPoftfcript, That now the Prince being drived, must not be font hack withoat a. Wife •, that delay to a Suitor, is a kinde of refnfal ; that Clogging ln(lru£iions would amount to a denial, and new Conditions to an abfolutc breach. The Conde fell into Choller faid direifily it could not be done. This the Prince affirmed to be aded in his prefence : But the Earl of Bristol made a more benign conftrudlSn thereof, the Duke a right-down conclufion, That this people never in- tended either Match or Reftitution -, and fo wiflied his Highnefs fairly at home again : However the MefiTenger was difpatched to Rome. Four or five days after his Highnefs was placed to fee his Miftrefsin her pafTage through the ftreets, as flie made her vifits from Church to Church: But prelfingfor accefs, he was delayed, but at laft obtained a vifit : But a very ftrange one ! He was not fuffered to fpeak unto her, but as they had fet it down in words and fyllablcs in writing, faying, They were no Aftrologers, and could not forefee the event of this Mar- riage 5 and therefore they refolved to admit him as a Prince onely, and not as a Suitor. But the Conde falved this up with a Complement, That if the Difpenfation were once returned, he fliould lie with her even that very night •, nay, have her he (hould upon any terms. If he could not be quahfied to enjoy her as a Wife, yet he fliould have her as a Miftrefs. Soon after riding in a Coach, it was urged by the CW^ ., That the Infanta was of a tender Confcience, and if ftie fliould come into England, and finde the Prince an enemy to her Religion, it would quite dilhearten her. His Highnefs confented to hear her upon thisfubjedl, becaufe he was as like to convert her, as Ihe was to pervert him. A Conference with Divines was preffed upon his Highnefs, wliich hcrefufed, and laid, If after Difputation with them, they fliould not prevail againfla yong man, they would remain much difgufte J and ill-affeCled to the wliole Negotia- tion. This kinde of importunity was ftill ufed toward the Prince, till the return of the Difpenfation. Six weeks after the Princes arival came the Difpenfation •, but his Highnefs underfliood from TJtfWf hyMwCage, that the Difpenfation was returned much clogged in Matter and Manner, efpecially with the annex- ed new Condition. The King of Sfatn before the receiving of the Dif- penfation, was to take an Oath to fee all the Articles performed , where- upon Faculty was iflued, really performed, or^elfetomake War in cafe of any failer upon the King of England. His Highnefs fignified his Refolution unto them, that he neither could nor would adde or alter any thing of the firft Articles fent to England. A ^un^o of Divines are appointed to meet and confider , whether the King might fafely take the Oath. By this time the Prince had gone R . . throush ^acobi 2.1. >-Jl -_il^ ,'- J.9M ^Wi 121 Historical CoUeBions, yl/i. 1623. throughall the Articles , fitting in perfon with the Committee •, onely leaving three undifcufTed, That of the Church, that of the Nurfe, and that of the Education of the Children* which his Highnefs refervedtill he lliould fpeak with the King. Then faid the cWf, Now the bufinefs is in a better way then ever it was, a Match, and without more ado fhe was his Wife. But the next day came Gondomar and fpake unto the Prince of the fame Match, as of a new thing, and told him plainly, That unlefs his Highnefs came to all the Conditions of the Difpenfation as tliey were fent from Rome, clearly and entirely, nothing would be done^ tor they had no power to remove or alter a word of falfe Zrff/;?f. Whereupon his High- nefs was jufHy diftafted, and offered to break. Then they prclTed the Prince, that he would be pleafed to ftay twenty days, until the King of Sfain might receive an Anfwer from England. The Prince refolved to ftay, upon condition that Sir Francis Cottington might be difpatched a- way within two days, and fome Meflengcr that might overtake him with the Articles that iliould be fent after, as foon as ever they could be made rADdy : But the two days of their hammering fpun out to twenty ^ at the end thereof they brought them with new Additions. The Articles being at laft fent to England, the J-uncto of Divines delivered their opinions, that the Infanta could not be fent over before the Spring •, at which his Highnefs was offended, but the Conde prevailed with him to flay until their Arabaffadors fliould certifie out of England, that the Articles were affen ted unto by King ^4ww, and put in executi- on, and then the Lady fliould go with the Prince, The Bifhop ®f Segovia\vz.% pleafed to fay to the Duke, That he had heard fomething of the State of our Kingdom, and had received it from good hands •, That our King could not make a Toleration without a Re- bellion, and eafily believed it ; becaufe the King of S^ain is not able in his Dominions to effedl the like enterprife, without incurring the like danger-, therefore he concluded, it wasunfafe to fend the Lady thither at this time, becaufe we having granted as much in effe<5l: as a Toleration, it was very probable flie iliould be welcomed with a rifing and rebellion. To which the Duke replied , That if the favors which the King his Mafter had exhibited to his Catholicks at the Mediation of that King, and the Advice of that very Committee, of which that Billiop was one,be of fo dangerous a confequence •, it feems their Lordfliips, who gave the Advice for that Article, though they pretended Religion, intended plain and open Rebellion, But you muft know quoth, the Duke, if his High- nefs had been of my Lord Bifliops opinion. That thefe Conferences had amounted to a Toleration, he had never accepted of thefe Articles to have gained any allowance : For what was agreed unto, was but a Tem- porary Sufpenfion of Penal Laws, but no Toleration •, for that could not be done, but by confent of Parliament, Then Gondomar hereupon faid. That for his part, he did not hold it fit to fend the Infanta thither, before the Articles be pcrfedly put in execution. And Gondomar private- ly infufed to the Prince his Highnefs, being incenfed againft the Duke, That the Duke was in heart, (as he faid all his Kinred were) a Vioman Cacholick •, and he faid to a Jefuite of great account and zeal in thofe parts , That the Duke was a moft obftinate, perverfe, and refradtory Puritan, , About this time it was reported that the Prince intended to ffeal a- way, whereupon they laid in wait to intercept him : Hereupon the Duke . . • was Ht^ioricalr CoUeBions, 1^3 B D was fentto tell them, That although they had ftoln thither out of love, zi sfaco^i they would never fteal thence out ot fear. ' i - About this time the Prince fent a MefTage to his Father, That if he fhould receive any Advertifement, that he was detained by that State as a Prifoner, he would be pleafed for his fake, never to think upon him any longer as a Son , bat refletS upon the good of his Sifter, and the fafety of his own Kingdoms. III. The Treaty of the Match and Reflituti- on, reciprocally fubordinated. IT is fit to obferve this pafTage , which is the thing whereupon all his Highnefs fubfequent Adions are turned and moved. He had never ftaid a fevcnnight longer m Sfain -, he had never left any Proxy with' Bri(iol-^ he had never taken any Oath at the Efcurial •, or ever fo muctt as written a Letter of Complement to the Lady ; but that he had ftill before his eyes, as his Cynofure, the Promife made by the Conde , for the Refti- tution of the PuLitimte. To haften the Delivery of the Lady, the Duke prefented unto the Conde, how his Mafter was now in years, the Prince his onely Son -, and he would fuffer in Honor and Reputation, to return home without his Wife. The Conde confented hereunto, and defired the Prince would name a day for his departure. This news came to the Infanta, whofeemed to be Apprehenfive of the Princes going away , and prevailed with his Highnefs to return this Complement unto her, That rather then he would give her Alteza any difguft, he would ftay for her feven years. By this time Sir Francis Cettingten is arived with all things perfeded by the King, and Letters from the AmbaiTadors of full fatisfa(5lon, and a command from the King to his Highnefs, to make his return within one moneth. Now began the Conde to enter into the Treaty for the Reftitution of the Palatinate, faying. The Lady (hould by no means go to England, be- fore that bufinefs was accommodated. And it was projedcd , That there fliould bea Reftitution of the Land to the Prince Palatine, upon a Con- dition of Marriage with the Emperors Daughter, and that he fliould be bred in the Emperors Court. The Prince demanding of the Conde, whether in cafe the Emperor proved refradory, the King his Mafter would aflift him with Arms to reduce him to reafonable terras c" The Conde anfwered Negatively , becaufe they had a Maxim of State, that the Kmg of Spain muft never fight againft the Emperor •, for they would not employ their forces againft the Houfe of Aufiria. Hereupon his Highnefs made his Proteftation to the CWf -, Look to it Sir, for if you hold your felf to that, there is an end of all 5 for rvitheut this yiit mofj net relie upon, either Marriage or Friendjhip. By this time the Prince is grown cheap and vulgar in the Court of Spain, fo that they will fcarce beftow a vifit upon him, and the Conde came very fcldom to him : And two Letters came to the Dukes hands, which iliewed, that all that the Conde did, was nothing butflafhesand lightning ^ notwithftanding he feemed at this time to be in a good humor, and told the Duke, That now certainly it muft be a Match, and the' Devil R 2 could 1Z4. Hiflorkal CoUeBionu An. 1^23. could not break it: The Duke replied, He thought fo, and the Match had need be very firm and ftrong, it had been feven years in Soadering. The Conie denied, and faid plainly, it had not been really intended feven moneths ^ and faid, I will fetch that out of my Desk, that (hall aflure you thereof-, and fo produced two Letters, the firft was written with the Yi\n%oi Sfains own hand, Dated the Fifth of November, 1622. And the other from the Conde oUvares of the Eighth ot November j 1622. Both which Letters are mentioned before. I V. The Princes return from Spain. ANd now the Prince returning for England, being engaged to leave his Proxy, did depofite the fame in the hands of the Earl of Bri(iol, who was to keep it, andufe it as his Procurator •, that is, Ashefliould receive his Highnefs Diredion from time to time : His words for the pre- fent were (faid the Duke) That if the Confirmation came from Rome clear and intire, (which it did not) then within fo many days he (hould deliver it to the King of Spain. The fecond Diredlion fent to him, was by a Letter which his High- nefs fent him, between his departure from the Efcurial, and coming to the Sea fide, to this effed. That for fear a Monaftery (hould rob him of his Wife, he (hould flay the delivery of the Powers until the doubts were cleared ^ and that his Highnefs would fend him in the Premiffes fome fur- ther Direftions ■:• Here becaufe my Lord of Sriftol in his Letter of the Firft of November, 1623. doth prefs fo vehemently the Prince his High- nefs concerning this Proxy, and the Prince vowed openly before both Houfes, that he had never by Oath or Honor engaged himfelf not to revoke the Powers, more then by the claufe De nen revocando Procurators inferted in the Inftrumentitfelf, and that he conceived the claufe to be matter of Form ; and although EfTentially of no binding power, yet ufually thruft into every fuch Inftrument ^ and that the Civilians do hold. That it is lawful by the Civil and Canon Law, for any man to revoke his Proxy of Marriage, notwithftanding it hath the claufe Denon revo- cando Procuratere inferted in it. Therefore as to this point the Duke con- cluded. That the Earl of Bristol in charging this matter fo highly on the Prince, had much forgot himfelf. V. The Subfequent proceedings of his Majefty in both the Treaties, fince the return of his Highnefs. THe Prince by the Mercy of God came to Royfion, and made his Re- lation to the King of all that had pafTed. His Majefty was glad, and told him. That he had a(fled well the part of a Son -, and now the part of a Father muft come upon the Stage, which was to provide with all cir- cumfpedion. That his onely Son ihould not be married with a Portion of Tears to his onely Daughter. And therefore his Majefty commanded by an exprefs difpatch, theftayof the Proxy in the Earl of Brislols hands, until he had fome better aifurance of the Reftitution of the Palatinate. I Thenwasread his Majefties Letter to the Earl of Briftol, dated the . Eighth Ht^orical CoUeBions. U5 B D Eighth of Ocioher, the King, 1623. wherein the Earl of 5r//?o/ was pofitively requi- red by the King , That before he deliver the Powers, or move to the Contrad, to procure from the King of Sptin a direvil Reftitution of the Palatinate, and the Eledloral Dignity, or to aflfift with Arms within a time limited. You would perceive that by this Difpatch, Briflol would lay hold on all hints and emergent oceafions to put off the Defponferios without this required Aflurance by Arms firft obtained •, but the truth is, he did not fo. For firft, the Confirmation came from Rome clogged and mangled ; and inftead of challenging thereupon, he labors with no fmall ftrength of wit to hide and palliate the fame. Secondly, In the Temporal Articles, the Portion was altered. Six hundred thoufand pounds in ready caili, to fome Eighty thoufand pounds in money, and a few Jewels, and a Penfion of Two thoufands pounds fer Annum. Inftead of quarrelling this main alteration, hefeems to ap- prove and applaud the payment. Thirdly, For the AfTurance of Reftitution of the Palatinate t the main Foundation both of Match and FriendlTiip, he is fo far from pro- viding for it before (which was the Method prefcribed him by the King) that he leaves it to be mediated by the Infanta after the Marriage. Laftly, Inftead of putting off the Contrad, as any man in the world (upon the Difpatch from Royftgn) would have done, he comes to prefix a precife day for the Deffenfortos. Now from this rafti fixing of the day for the Defpon furies in Spain, which was controlled again by an Exprefs, from hence ilTued an unnecef- fary difcourtefie put upon the King, and in a manner upon the Infanta by the Earl of Brifiel : From that proceeded a greater affront put upon the Prince, the taking away the title La Princefa from the Infanta, and the debarring of our AmbafTadors from any further Accefs to her perfon. Then was produced an Anfwer of the King of Spain to the Memori- al of the Ambaffador, implying aRefufal toaffift by Anns for the re- covery of the Palatinate, in cafe the Emperor conftnt not to a Reftituci' on, which we have inferted injeries of time; VI. The Stating of theQueftion Super tot am Alateriam. THis Queftion the Duke ftated on this manner. Whether this being the full effed and produd of all the Negotiation, which I Iiave open- ed unto you, be fufficient, Sitpertotam Materiam, forhisMajcfty torelie upon with any fafety -, as well for the Marriage of his onely Son, as for the relief of his onely Daughter : Or, that thefe Treaties fetafiJe, his Majefty were beft to truft in his own ftrength, and to ftand upon his own feet:' So che Duke ended with this Conclufioa, That if the bringing us from darknefs to light, did deferve any thanks, we ow it and muft wholly aftribe it to the Prince his Highnefs. The Prince was pr^fent at this NvUration, and aflifted the Duke of \ Buckingham theidn, and certified many particulars thereof-, and it being > ' reported \ iz6 Hijlorical CoUeBions, An. 1625. Both Houfes of Parliament ' juftlfte the Duke in his Narrative. reported the fame day to the Houfe , his Highnefs approved- thereof there alfOc The Spanifli Ambaflfador took great offence at the Dukes Relation, asrefle(fling upon his Matters Honor, and demanded his Head for fatis- fadiion. The Houfe of Lords by a general Vote acquitted the Duke from the Accufation of the Spanilli Ambadador, andjuftified his Relation, and intended to (ignifie asmuchtohisMajefty by a Committee of the whole Houfe, That the Duke may be encourage^i to proceed in his faithful fer- vice to the State : Unto which, the Commons fo directly and fully an- fwered, as if the two Houfes had been Twins •, and what one had faid, thought, and done, the other had thought, faid, and done the fame. And the Commons defired tojoyn with the Lords, in fignifying this to his Majefty, which was done by the enfuing Addrefs. cc cc YOur Majefties moft Loyal Subjeflis, the Lords, Knights, Citi- 2ens,and BurgeffeSjAffembled at this time in both Houfesof Par- liament, being informed of a Complaint made unto your moft Excellent Majefty againft the Duke of Buckiigham, That in the Nar- "rative, which by your Majefties command, he made unto both Houfes, " the Four and twentieth of February laft, heftiould let fallfome paftages, " grievous to the Honor of the King of SpMn, and inferred to be of fo " high a nature , as if the fame had been delivered by any SubjeA of that " King againft your Majefty, it could not have been otherwife expiated " then with the lofs of his Head that fpoke it : Taking this into their " mature deliberation, and conceiving that this Accufation doth in an " oblique manner faften an Afperfion upon themfelves alfo 5 do in all '' fubmiflion and humility make unto your Majefty a Threefold Repre- " fentation : Firft, Concerning that great King -, fecondly. Concerning " that eminent Lord 5 thirdly, Concerning themfelves. " Firft, Concerning that King, they do with an unanimous Vote of " both Houfes, abfolutely acquit, and clear the Lord Duke from letting " fall any words at all derogatory to the Honor of that King. " For the fecond. That concerns my Lord, they do in the like hu- '•' mility atteft unto your moft Sacred Majefty, That if my Lord the Duke " had omitted any matter reprefented unto them that day, he had for fo "much failed in the performance of that duty and fidelity which he oweth " unto your Majefty, and to the bufinefs, and unto both Houfes. " For the laft, which concerneth themfelves, they make bold in " like humility to reprefent unto your Majefty, That they do much honor " my Lord the Duke for that Narration, and do render unto him all pof- "fible thanks, for that fidelity andinduftry exprelTed therein ^ and fo " without your further trouble. Do humbly befeech your moft Excellent '' Majefty , to interpret fair of this their Reprefentation , which they " held themfelves bound to offer unto your Majefty, for the clearing of " fo eminent a perfon, who as they verily believe, hath in this Negotia- " tion, well deferved of your Majefty and the Commonwealth : So they " heartily pray unto God to preferve your moft Excellent Majefty. To which Reprefentation his Majefty returned this Anfwer. "My Hiflorical ColleUtons. B D 127 (C MY Lords and Gentlemen all , 1 might have reafon to fpeak no- thing in regard of the perfon whereof you fpake •, but in rceard of your Motion, it were not civil : For if I be filent, I fliall " wrong neither my felf, nor that Nobleman which you now fpake of " becaufe he is well known to be fuch a one, as (lands in no need of a ''Prolocutor, ox: Fidejuljor, to undertake for his fidelity, or well carry- " ing of the bufinefs : And indeed to fend a man upon fo great an Errand, " whom I was not refolved to truft for the carriage thereof, were a fault " in my difcretion fcarce compatible to the love and truft I bear 'lim. It " is an old and true faying, That he is a happy man that ferves a good Mafler ^ "and it is no lefs truth, That he u a happy Majler that enjoys a faithful " Servant. " The greateft fault (if it be a fault) or at Icaftwife thegreateft error, " I hope he fhall ever commit againft me, was his defiring this Juftifica- " tion from you ^ as if he fhould have need of any Juftificatiun from " others towards me, and that for thefe Reafons. " Fnft, Becaufe he being my Difciple andScholbr, hemaybcaflTu- " red I will truft his own Relation. " Secondly, Becaufe he made the fame Relation unto me, which he '•' did afterward unto both Houfes •, fo as I was formerly acquainted both " w-ith the matter and manner thereof : And if I (hould not truft him in "the carnage, I was altogether unworthy of fuch a Servant. He hath " no interefl of his own in the bufinefs -, he had ill thoughts at home for "his going thither with my Son, although it was my command, as I "told youbefore. And now he hath as little thanks for his Relation on " the other part : Yet he that fcrveth God and a good Mafter, cannot " mifcarry for all this. " I nave notei in his Negotiation thefe three remarkable things, "Faith, Diligence, and Difcretion, whereof my Son hath borne record "unto me-, yet I cannot deny, butas he thought to do good fe.rvice to " his Mafter, he hath given ill example to Ambafl'adors in time to come , "becaufe he went this long journey upon his own charges. This would " prove an ill example, if many of my Ambaftadors (liould take it for a " Prefidcnt. He run his head into the yoke with the people here, for un- " dertaking the journey -, and when he there fpent above Forty or fifty " thoufand pounds, never offered his accompt, nor made any demand for " the fame, or ever will. I hope other Ambaftadors will do fo no more, "lam a good Mafter, that never doubted of him-, for I know him to " be fo good a SchoUar of mine, that I fay without van'ty, he will not " exceed his Mafters Didates : And I truft the Report not the worfe he " made, becaufe it is approved by you all -, yet I believe an honeft man, " as much as all the World, and the rathet^ becaule he was a Difciple "of mine. And I am glad he hath fo well fiuisfied you, and thank you " heartily for taking it in fo good part, as I finde you have done. The Lords having debated thofe high Matters of State, which the King put into their hands, delivered their opinions. That his Majefty cannot with honor and lafety, and with the conveniency of State and Religion, proceed any further m the Treaty of the Princes Marriage, nor relie any longer upon the Treaty for the recovery of the Palatinate -, in which Vote, the Commons concurred witli them.. And in this manner both Houfes Addreded themfelves to the King. May ^acobi 21. His Ma \\\.:% Anfwei to thar jullifica- tion. I z8 HMorical CoUeBions. An. 1625, Both Houfes of Parliament concur, that the King may not honcraMy proceed in tl el Treaty of tht Princc's Mar-, riagc, and the Valaunate. (S May it pleafe your moft Excellent Majeily, WE are come unto you, imployed from your moft faithful Sub- je6ts and Servants, the Lords and Commons alTembled in thisprcfent Parliament. " And firft, They and we do give moft humble and hearty thanks "■ unto Almighty God, that out of his gracious goodnefs he hath been " pleafed now at laft to dilpel the Clouds and Mifts which for fo many " years have dimmed the eyes of a great part of Chnftendora, in the bufi- '' nefs whereof we do now confult. " And fecondly. We acknowledge our felves moft bound unto your " Majefty, that yon have been pleafed to require the humble Advice of " us your obedient Subjeds in a Cafe fo important as this is,which hither- " to dependeth between your Majefty and the King oi Spain. Which we " jointly offer from both Houfes, »o one per [on there diflentrng or dtfagree- "■ jng from the rc(i. And it is upon mature confideration, and weighing " many particulars of fundry natures, that finding fo much want of Sin- " cerity in all their Proceedings, We fuper totam materiam prefent this " our humble Addrefs unto your Majefty ^ That the Treaties both for '' the Marriage and the Palatinate may not any longer be continued with " the honor of your Majefty , the fafety of your People, the welfare "of your Children and Poflerity, as alio the afliirance of your antient " Allies and Confederates. Reafons were alfo prefented, to fortifie this Vote. " Whereas the Propofitions of the Match were at the firft no more " then Libertj of Confcience to the Infanta and her Family, which the "King might in honor grant; The Spaniards taking advantage of the " Prince's being in Spain, importuned a General Connivence of Religion, " to the diminution of the Kings Soveraignty, and againft the ufage of " other CathoUck Princes in the like Treaties, and to the difcourage- " ment of all his well-affedted Subjeds. And this they have labored with " the Pope, being of mifchievous confequence. During this Treaty, the Popiili Fadion hath mightily increafed : And whereas heretofore they " were wont to be divided, fome taking part with the Secular Priefls, and " fome with the ^•e\nites^i\\ey are united ^ which is a matter of great con- " fequence, conlidermg they do as well depend on Spain for Temporal " matters, as on Rome for Spiritual : And they cannot be fupprefTed, as " long as the Treaty holds. " They have by thisTr^ty devoured our Allies, and the Proteftant " party in Germany and elfwhere, to the decay of true Religion, and to the " jealoufie of our Friends beyond the Seas. During this Treaty of Love^ " they liave fpoiled his Majefties Son-in-law of his Lands and Honors-, " and notvvithftanding promifts of Reftitution, ftill invaded his Rights, "and at length turned pretended Difficulties into apparent ImpofTibili- " ties. They have deluded our King , and offered indignity to our Prince, "by importuning him again and attain to a Converfion, contrary to the " Law of Hofpitality, and the Pnviledge of Princes. " Thelnlincerity of their Proceedings is to be feen by that former *' Overture of Marriage for the late Prince Henry , which after many / fpecious '< B D HiHorical CoUeBion s. B D " fpecious Motions, was followed with a difavowing of their own Am- " baflhdor, and a fcornful Propofition made to the King , of the Prince's j "altering his Religion, As alfo by the Treaty of Brtixels, where the' " Lord Weftoft found nothing but Delays, and Deceit ; and after divers "peremptory Commands from Spain for his Majefties fatisfadion, it "wrought no other effed then the Befieging and taking of Heidel- ^^ burgh -^ infomuch that the Ambaffador was forced to poteft y and " return. " To thefe things were added, the Tranflation of the EleBerate to " the Duke of Bavaria , and the Letter of the King of Spain to Conde " oUvarcs^ with the Conde's Anfwer, which imported that the Match "was never intended. As alfo after the Prince had taken a hazardous "Journey, they devifed afliiftby a ^««f?o of Divines, to let him come " home without the Lady, Thefe Reafons were prefented to the King by the univerfal confent of the Houfe of Commons. Hereupon the King came to Parliament, and made a Speech deliberative, enquiring into the Condition of the War which they advifed, and the means to uphold and carry it on. 21 up ^acobi. My Lords and Gentlemen all. " I Have caufe firfl: to thank God with my heart and all the faculties " I of my mind, that my Speech which I delivered in Parliament hath " * taken fo good effedb amongft you, as that with an unanimous con- " fent you have freely and fpeedily given me your Advice in this great " Bafinefs, for which I alfo thank you all as heartily as I can. " I alfo give my particular thanks to the Gentlemen of the Lower " Houfe, for that I heard when fome would have caft Jealoulies and " Doubts between me and my people, they prefently quelled thofe moti- " ons, which otherwife might indeed have hindred the happy Agreement " I hope to find in this Parliament. You give me your Advice to break " ofFbotli the Treaties, as well concerning the Match, as the Palatinate: "■ And now give me leave, as an old King, to propound my Doubts, and " hereafter to give you my Anfwer. " Firft it is true, that I who have been all the days of my life a peace- " able King, and have had the honor in my Titles and Impreffes to be '■'■ Med Kex Pacifcm, fliould be loth without necelTity to imbroil my felf " with War^ far from my Nature, and from my Honor which I have had " at home and abroad, in endeavouring to avoid the effufion of Chriftian " blood, of which too much hathbeenllied, and fo rauchagainft my heart. " I fay,that unlcfs it be upon fuch a Neceffuy,ttiat I may call ir,as fome fay " merrily of Women, Malum necefjarium, I ihould be loth to enter into it. "■ And 1 inuft likewife acquaint you, that I have had no fmall hope given " me of obtaining better Conditions for tiie Reftitution of the Palatinate, "and that even fince the fitting down of the Parliament: But b- not " jealous, or think me luch a King that would under pretence of asking " your Advice, put a fcorn upon you.by difdaining and rejcding-it : For " you remember, that in my fiift Speech unto you, for proof of my love " to my People, I craved your Advice in this great and weighty aflfiir ; "But in a matter of this weight, I rauft firft confider how this Courfe " may agree with my Confciencc and Honor ^ and next according to the S '• Paiable The Kings Speech to the Parliament perfwading him to break off the two Treaties of the JHatch and of the ralati- nate. 1^0 Hijiorical CoUeBions. An. 1623. " Parable uttered by our Saviour, after I have refolved of the Neceffity "and juftnefsoftheCaufe, toconfiderhow I (hall be enabled to raife " Forces for this purpofe. " As concerning the Cm^e ofmj Children, I am now old •, and as Mo{es " faw the Land of Promife from an high mountain, though he had not " leave to fet his foot in it, fo it would be a great comfort to me, that " God would but fo long prolong my days, as if 1 might not fee the "Reftitution, yet at leaft I might be afTured that it would be-. That " then 1 might with old Simeon fay, Nmc dimittis Servum tmm, Domine, " &c. Otherwife it would be a great grief unto me, and I (hould die " with a heavy and difcomforted heart. I have often faid, and particu- " larly in the laft Parliament, and I fliall ever be of that mind. That " as I am not ambitious of any other mens Goods or Lands, fo I defire " not to enjoy a Furrow of Land in England, SeotLtnd or Ireland, wlth- "out Reftitution of the Palatinate: And in this mind I will live and " die. " But let me acquaint you a little with the Difficulties of this Caufe. " He is an unhappy man, that fhall advife a King to War; and it is an " unhappy thing to feek that by Blood, which may be had by Peace. "Befides, I think your intentions are not to engage me in War, but withal you will confider how many things are requifite there- " unto. " I omit to fpeak of my own Neceffities, ( they are too well " known : ) Sure I am, I have had the leaft help in Parliament of any " King that ever reigned over you thefe many years. I muft let you "know that my Disabilities are increafed by the Charge of my Son's " journey into Spain, which I was at, for his honor, and the honor of this " Nation: By fending of Ambaftadors, by maintaining of my Children, " and by aflifting of the Palatinate, I have incurred a great Debt to the " King of Denmark, which 1 am not able yet to pay. " The Low-Countries, who in regard of their nearnefs are fitteft to " help for the Recovery of the Palatinate, are at fo low an ebb, that if " I aflift them not, they arc fcarce able to fubfift. The Princes of Ger- " many that ftiould do me any good, are all poor, weak and diflieartned, " and do exped affiftance from hence. For Ireland, I leave it to you, " whether that be not a back-door to be fecured. For the Navy, I thank " God, it is in a better cafe then ever it was, yet more muft be done -, " and before it can be prepared as it ought to be , it will require a " new Charge as well for its own ftrength, as for the fecuring of the "Coafts. " My Children, / vow to God, eat no bread but by my means -, I maft " maintain them and not fee them want. In the mean time, my Cujlomsave " the beft part of my Revenues, and in effedl the fubftance of all I have " to live on ; All which are farmed out upon that condition. That if there " be War, thofe Bargains are to be difannulled, which will enforce a great "defalcation. *-'■ Sub(idies ask a great time to bring them in: Nov/ if you afllft " me that way, I muft take them up beforehand upon credit , which " will eat up a great part of them. This being my Cafe, To enter " into War without fufficient means to fupport it , were to (hew my " teeth, and do no more. In the mean time I heartily thank you for " your Advice, and will ferioufly think upon it, as I pray you to confider " of thole other parts. ^y B D Hijlorical CoUeUiom. ^^ " My Treafftrer, to whofe Office it appertains, fliall more at latere in- " form you of thofe things that concern my Eftate. Thus freely do I open " my heart unto you : And having your hearts, I cannot want your kips • " for it is the heart that openech the furfe, not the purfe the heart. I will " deal frankly with you: Shew me the Means how I may do what you " would have me, and if I take a Refolution by your Advice to enter into " a War, then your felves by your own Deputies fliall have the difpoiins' "of the Money ^ I will not meddle with it, but you (hall appoint your " own Treafurers. I fay not this with a purpofe to invite you to open your " Purfes, and then to flight you fo much as not to follow your Counfel " nor engage you before I be engaged my felf. Give me what you will for " my own means ; but I proteft, none of the Monies which you fhall give " ibr thofe ufes, ihall be ififued but for thofe ends, and by men eleded by " your felves. If upon your offer I (liall find the means to make the " War honorable and fafe, and that I rcfolve to embrace your Advice " then I promife you in the word of a King, That although War and " Peace be the peculiar Prerogatives of Kings, yet as I have advifed " with you in the Treaties on which War may enfue , fo I will not " treat nor accept of a Peace, without firft acquainting you with it " and hearing your advice 5 and therein 20 the proper way of Par- "liament, in conferring and confulting with you: And happily, "the Conditions of Peace will be the better, when we be prepa- " red for War •, according to the old Proverb, That Weafom bode " Peace. *■' Your kind carriage gives me ranch content-. And that comforts " me, which my Lord of Canterbury faid. That there was not a Contrary " 'voice amott^fi you all ^ like the Seventy Interpreters, who were led " by the breath ot God. I am fo defirous to forget all rents in former "Parliaments, that it fliall not be in my default, if I am not in love " with Parliaments, and call them often, and defire to end my life in " that entercourfe between me and my people, for the making of good " Laws , reforming of fuch Abufes as I cannot be well informed of " but in Parliament , and maintaining the good Government of the "Commonwealth. Therefore go on cheerfully, and advifc of thefe " Points, and my Refolution (hall then be declared. Hereupon the Houfe of Commons immediately took into confi- deration the matter of Supply : And Sir Edmrd Sackvile, afterwards Earl of Dorjet, fpake thus to that Subjed. ^accbi 2i. cc cc Since Supply unto his Majefty is now in queftion, of which I hope there will be no queftion, I humbly ask leave of this Honorable Aflembly to fpeak my Opinion-, afluring you. That when a '' Treaty of Grievances fliall be on foot, it fliall appear I will not fit filent, " if I find my felf able to fliy any thing that may lend a hand to unload " my Country of that heavy burthen it now groans under by reafon of '' the innuinerable number of Monopolies, which like fo many Incubuffes '■'^ and Succubiiffes exhauft the Vital fpirits, and fo prefsdown thofe Parts " which ought to enjoy free refpiration, as without foiiie fpeedy remc- '■'^dy is like to run to extreme hazard. But this I refer to its proper " time, and referve my -felf for it, and now proceed to the matter in « hand. ____^_____ S 3 "Sure, Sir ^dw.Sack: vik's Speech, 131 Hijlorical CoUeBions. An. 1623. « Sure,I do think there are very few that ferve in this Houfe (if there " be any ) who do not confidently believe, that the chief Motive which " induced his Majefty at this time to aflemble this Parliament, was a " meer Neceflity to be by us enabled for the Recovery of the Patrimony " belonging to the King of Bohemia, now almoft traverfed from' him, and " in the poffeflion of a powerful Enemy. If there be any who doubt of " this truth, I hope he may eafily reft fatisfied, when I (hall afTure him "( out ofmy own knowledge) that many days before this Seflion, his '"■ Majefty commanded a fele6l number of Noblemen and Gentlemen, " the raoft part whereof have been Commanders in the Wars, and fomc " yet are, to confult together of what Number of men an Army ought to «' be compofed, which might be able to recover the Palatimte^zad proted " it from a fecond Invafion. Thefc according to his Majefties good plea- '•fure divers days met together at one appointed place, and there con- " tributed their beft endeavors : At leaft they have finiihed their task • "advifed the King ofthe Number of Soldiers^ they have eftimated the ^'prefent Charge his Majefty muft be at for the Relieving, Arminc^, "Clothing, Munition and Habiliments of War 5 Thefe have likcwiie " calculated the Annual Expence for the maintenance of them. " The firft I will now inform you -, And for the laft Point, becaufe " of a greater Charge and Confequence, I will allow more time of Con- " fideration. Twenty five thoufand Foot, and Five thoufand Horfe, is " the portion they all agree on 5 and lefs they could not confider to be " fent,confidering they were to combat with an Enemy fo far from hence, " already in pofleflion of a great part of the Country, well fortified in " many places, Mafter of an Army compofed with Twenty thoufiind " Foot and Four thoufand Herfe, raoft Veterane Soldiers, commanded " by the beft Captains now known in the Chriftian world, except the '' Prince of orange -, after whom to be efteemed fecond, is the higheft " praife : I fay, ail thefe refpefts duly weighed, there could not in their *' judgments be abated of this proportion : And this Army was framed '' on that mould which the Secretaries of State gave them of the Ene- '' mies ftrength. " The iffue of Battels is in the hands of God : The eyes of Hu- " mane providence cannot fee beyond its horizon; It cannot afcertain '' future Contingents, it can only judge of what feems fit to be done, guided by theRules of Probability and Reafon. Events happen often contrary, and never more contrary then in matters of Warfare : Yet "admitafiniftei- fuccefs to happen, a Counfel wifely taken ought not *' therefore to lofe the due commendations. " Sirs, I have told you the Number ^ You now exped to know the " prefent Charge, in which I ftiall deal moft truly with you. Believe me, " His Majefty muft disburfe Thirty thoufand pounds for provifion of " NcccfTicies to furnifti fuch an Army to be fent-. The moft part of the Provifions muft be made beyond the Seas , for there Arms are beft, and beft cheap : This Army muft ( if fuch an Army) go by the end " of April. " It was God that faid. Let there be light , and, it rvas fo : Kings " ( though they be ftiled Gods ) enjoy no fuch power, incommunicable '' to any Kings. Wiiatever their ends or defires are, they muft allow time "totheconfummation of them: TheybeSoveraignsoverus, but fub- " jed nnto Time. But what need I add fpurs to a forward horfe c' In my *' confcience, there are few Members in this Houf?, that to that iJoly War ''(as cc CC HiBoricai CoUeBions. I !'>') hj D «; "(as I may iuftly ftile it) would not as willingly and as heartily coiWri- ^'bute the fervice of their perfons, as theafliftance of their puiies. I " know I fpeak the Language of all your Hearts, let us lliew our Faith by "our works: Time was to have done much better then now we can; " timeis thatwemaydowell-, but if we attend fomewhat longer, time " willbepaft : So as all we do then will be fo out of feafon, asiccanpro- " duce neither any great, nor any good efFed, But ftay, methinks I hear A I " fome fay. Why his Majefty told us, that by way of Treaty he hoped " fo to prevail, as the Palatifiate fliould be reftored. I conftfs I heard fo "tO; and Heaven be pleafed to crown hisadions withfuccefs, as the " pioufnefs of his intentions deferves. But 1 muft be excufed, if 1 doubt " it, if I fear it,if I defpair of it : Far it is no article of my Faith to believ^e in Miracles. But fuppofe this might be brought to pafs, what then, (hall this gift of ours be loft, or caft away -f No fure, it will be well beftow- ed, if as a Sacrifice of our thankfulnefs we offer it unto his Majifty, by B " whofe Wifdom that is regained ^ which certainly by any other courfe, " muft neeis liave expofed our perfons to great danger, and our purfes to " much more expeuce. And in this we fliall do as he that rcceiveth a rich "prefeiu, and returns a fmall reward. Perhaps this way may not qua- " drate with every mans conceipt •, if not, then let this which his Majefty •■' demands to make provifion for a Foreign Army, be employed in rear- " ing a Migazin here at home, fince fo great is the want of Munition, as "Iwonierwe all cry out for want of Money, and never think how to " be ftored of that, which of the two, is more neceflary : Seeing by the "one, we are onely enabled to live moreplenteoafly and fumptuouflyi *' and by the other, our lives arepreferved free fromraifery andflavery. " In matters of moment, I know it is as laudable to ufe Deliberation be- "fore a Refolution, as after that once taken. Celerity in execution. " Council is the Compafs by which all great Actions ought to be guided -, " it is the S tear by which wife men do iliape their courfes. I allow it, I cc commend it, I advife it 5 yet to be fo flow, fo difcuflive, fo long in re- "folving, all we then can do, will be no more worth then a Phyfitian "alter death Sorefuch adulnefs, muft needs accufeusof muchweak- "nefs, if it admit of no worfe conftruition, {bif dat qui cito dat) freenefs in giving graceth the gift •, dimidmmfaBi qui bene cceptt habet. We have " a long journey to go, and to fet forward is half the way. How prefting " the occaficn is, my Tongue iaincs to tell, {Vox faitctbm hxret) The Foxes " have Holes, and the Birds of the Atr hive Nefls •, but the Daug liter of our " King and Kingdom fcarce knows where to lay her head, or if ihe do, not " where in fafety. "Laftly, When we had no other objcdl in our Contemplations, but "thememoryof her vertue (which remaineth in durable Charadc^rs in " the heart ot every honeft man) what a forvvardnefs and ferventnefs did " weexprefs inthefe our voluntary contributions, notwithftanding that "fomebafe, fordid, andavaritiousmen who adored their Mammon, de- terred mta from that noble and pious work. They were then but Panick terrors, clouds caft before the Sun which now Ihines out fo bright, as | p " all thofe mifts are vaniflied. His Majefty calls to us for aid, he invites "us to it, and he that was born to Command, now vouchfafes to en- 1" treat us: Now if ever, now is the time to do our Country good. Do "wedtfire to fwecp all Grievances out of this Land c" Dowedefircto "extinguilh the care ot" them, that they may never more germinate in *' this Commonwealth < Do we defire to defttoy thofe Spiders that fpin " this 'cc 21 J^AVobj. ^3+ HiBorical CoUeBions, ■^n. 1623. The Parlia- ments Anfwer to the Kings Speech. " this Net i Now if ever, now is the time to effed it. And to arive at " this blelTing, methinks I difcover a plain and eafie way ^ let us pleafe "the King firft, and I fpeak it with Faith, He will begratioufly pleafed " to reward us : Prove rich Merchants, and make a brave return. Great " and generous fpirits are then moft apt to make requefts , when firft they " have obtained their own. In the Region ot Kings, the way to conquer is " to fubmit •, and nothing more obligeth an honeft heart to perform what " is expeded, then to believe and truft in him. " This is the way to make his Majefty not onely love, but fall in love " with Parliaments : This is the way to recal them home from exile, and " again render them frequent amongft us : This is the way to fix this, un- " til we iiave purchafed prefent eafe , and future happinefs to our Coun- " try. Let his Majefty have hearts eafe amongft us, and we fliall receive " from his Royal Hand that DiBamum which muft expel thefe Arrows " that hang in the fides of the Commonwealth. "Thus have I delivered my opinion, which if it be not the famfe " with every one here prefent , I lliall beg that favorable cenfure which " Charity commands me to afford to all. Let him believe, I have fpoken " my Confcience, as I fhallof him, though he happen to diffent from " my opinion : For from what Circumference foever the Lines be drawn, " the Center is the fame , which is our Conntreys good •, at which, the " defire of every man ought to aim, and the duty of every man ought to " defire. " He that would take another courfe, and have Grievances firft pre- " ferred ^ if he wiflied that out of a good to his Countrey , as unwilling ■ " to innovate antient proceedings 5 of this man I will onely fay, of time " [entit Cato, fed nocet interdum Reifublic anb ^zm\z, anb tbe p?ofperitp of pour Beigbbo?,? anb Allies, ace fo btrplp ensageDt Hcrunto his Majefty replied. A4y Lords and Gentlemen all. (C 1 Have nothing to fay to the Preamble of my Lord o^Canterhttry, but that he intimated fomething in it which I cannot allow of: For whereas hefaidlhave (hewed my felf fenfibleof theinfincerity of " thofe with whom I had lately to deal, and of the indignity offered to "my Children: In this you mufl give me leave to tell you, that I have " notexpreffed my felf to be either fenfible or infenfible of the good or " bad dealing. It was Bnckinghams Relation to you which touched upon it 5 " by it you muft not bar me, nor make Jupiter fpeak that which Jupiter " fpeaks not : For when I fpeak any fuch thing, I will fpeak it witli than " reafon, and back it with that power which becomes a Kijg. As for the *' matter of the Declaration unto my Demands, which you have couched " in that Paper, which I now heard read unto me, /confefs it is without example that any King hath had fuch an offer. And with your favor / need fear nothing in this World, having fo much the hearts of my peo- ple. For the large offer of afTiftance, / hold it to be more then Millions " of Subfidies 5 and indeed it is an ample reward for the truft and freedom " which / have ufed with you " But my Lords and Gentlemen, you muft give me leave on the one " fide, to confider the poflibility of the adion : For in this cafe / muft " do as a man that maketh a Fortification , which muft have Out-works " and Jnworks •, fo / muft not deal onely with mine own people, but with " my Neighbors advice to aflift me in fo great a bufinefs for recovery of " the Palatinate. And in this cafe it is not fufficient to have the hearts of " my Spbjeifts, without the help of my Neighbors and Allies ; on the "other fide,unlefs particular means be fet down,it will neither be a Bridle " to our Enemies, nor a comfort to my Friends, who (ball joyn with me. "General words will not carry it, therefore / muft relbrt to particular ^ means, and follow the Counfel of our Saviour Chrift in the Gofpel, " before cc cc Hijlorical ColieHions. 'M B D " before / begin a War, to fee how / can maintain it. God knows it is " a longfome work, yet / defire withj\/^/f/, as / faid before, but to fee " the Land of Promife, though / live not till it be resovered. But unlefs " particular means be difcovered, it is little to the point : Therefore fince " you give me fuch fair general promifes, / will deal freely with you, / "will tell you in particular, the way / will propofe, either by way of " Subfidies or otherwife ^ which being done in Parliament,is a Parliaraien- " tary way. / would require you to be pleafed to beftow upon me Five " Subfidies and Two Fifteens to every Subfidy for the War : And for " mine own neceflities, my crying debts are fo heavy , that no man can " bear them with a greater grief of heart, and fting of Confcience, then / " have done and do. And / now growing old, would be glad to fee a means " for the fatisfying of my debts, before / go out of the World. And for " this end, I defire you would give me one Subfidy and two Fifteens year- "ly, until my debts be paid. Here the Prince his Highnefs taking notice of an Obje(5lion made, that this might feem contradi(ftory to that which his Highnefs had told the Committee of both Houfes, That the Kings Majefty v/ould ask no- thing for his own particular,till the Wars were provided for : The Prince faid. That the Duke of Buckingham in his abfence hath moved this doubt unto the King. Whereupon the Duke affirmed. That fpeaking with the King about it, his Majefly was pleafed to fay, If we would adde one Subfidy and two Fifteens to make it up Six Subfidies and Twelve Fifteens for the War, he was well content to quit that which he hath asked for his own necef- fities. The King proceeded. "If this may be done, or that I may fee a " fair way for it, I will follow your Advice •, for I would never have asked '* your Advice to rejed it, or to put a fcorn upon you : For the levying " of thefc Subfidies and Fifteens, I would have you confider how to " clear thefe two difficulties. If you levy them too faddenly, it may be " heavy for the people •, if you ftay too long, it will not ferve the turn. " But this I leave to your confideration : And fince I leave it to your felves "to receive the Money, and expend it by your own Committees of both " Houfes, you may be the more fecure. And yet I would not have you " to be too haTty in the levying of it, that no extremity be ihewed to my " people by impofing too heavy a burthen upon them, which God forbid. " On the other fide, the bufinefs will not fuffer too long lingring about " it. I told you before, 1 had in this great bufinefs, to look to my Con- " fcience and Honor, as well as to the Means. For the Means, I mufl " have it from you •, my Confcience and Honor is mine own, of which " I have thought, and do think daily. And how I fliall be able to dif- " charge them as a King ought to do, yet not without taking help of your "Advice, whichi would never have moved, unlefs I had meant tofol- " low it. Here again the Prince, faid he, had fpoken with his Father, to know of him whether he were fatisfied in Honor and Confcieace, that he might in this cafe undertake a War ^ and that his Majefly anlwered. He was al- ready fatisfied and refolved therein 5 but for the manner of publifhing it, he would take your Advice. Then the Duke of Bttekingham faid, the reafon why his Majefty ufed thefe words, was. That -having formerly fpoken of his Honor and Con- fcience, if he fiiould now have left them out, it might have been thought T • that 1 ^aco'oi 21. '38 An. 1624. The King de- clares his Re- folution ro diiTolve the Treaties. The King ac- cepts the aid prctfercd him. Hiflorical CoUeBions. that money onely had drawn him to it : Bat the King faid. He was already iatisfictii, and r.efolved, yet would have your Advice tor the manner of de- claring of it. The King again proceeded. " I told you before, that this was the " way to make me in love with Parliaments, and to (liew mine inclination " to continue them ftill. My Refolution is to make this a Seflibn for the " pafling of as many good Laws, as in convenient time may be prepared 5 " and at Michaclmtn, or witliin a few days after to have a new Seflion, and "another at the Spring. And in the mean time, you may go down and " acquaint your felves with the grievances of my people -, and you iliall " fee my care to make good Laws, and to reform abufes •, that fo my Sub- " jeds may finde the good fruits of Parliaments, and rejoyce in them. And " I proteft, as I have asked your Advice in thefe Points, which I needed " not to have done 5 fo I will never enter any Agreement or Treaty of " Compofition for Peace, which is the end of War (elfe it is unjuft and " unchriftian) without your Advice •, and I will help you my felf, if we " enter into a War, to make it allowable to the World, and Honorable " for me. So the King refolved and declared his Refolution to difToIve theTrea- ties. Hereupon Bonfires were made in London, and the Bells rung for joy. Then the Parliament made hafte to pafs the Ad for the grant of three Subfidies, and three Fifteens, to be employed for the ufe aforefaid -, and by the fame Ad, Treafurers were appointed to receive and disburfe the Moneys, and a Council of War to manage the Defign. The King made the enfuing Declaration to both Houfes of Parlia- ment. (C M Y Nobles and Gentlemen, the laft time I fpake toyouanentthis great bufinefs, I told you what in my opinion was necefTarily re- *' quired to the beginning of it. The Reafons whereof you have truly fee " down out ot my laft Speech, wherein I ilievved you what good it would " do, and what harm it might free us from -, to exprefs particular Aids at ' ■ this time, as well as general Promifes. It is true, I muft confefs that how " far you declare your felves, is fufficient for the prefent entrance into the " bufinefs, though a great deal fliort of what I told you it would require, "But as God bears me Record, and / think the hearts oPall my loving " Subjeds will teftifie for me, / never did ftick for Money , but onely de- " fired you to clear your felves by particulars, that / may fee how I may " be able to go through fo great a matter, at leaft to make a good begin- " ning of the War •, tor what the end will be, God knows. " So on the other part, / gave you thanks for your general offer, by "which you did engage your felves in your Lives and Eftates, which is " more then Forty Subfidies, if you had named them, and more worth " then a Kingdom ; for the ftrength of a King, next under the protedion " of God, ftands in the hearts of his people. And / muft needs fay in this " particular, it is without example, that ever any Parliament for a begin- " ning, gave to a King fo great a fupply to be levied in (0 fiiort a time : " This may well ferve for a preparation. And for my part, firft, con- "fidering your general offer, (which is ten, times more to me then all " Subfidies) and next confidering that thefe particulars coming from you, " be as much as at once you are able to pay in fo ihort a time, being with- " in a year, and as much as may be well expeded : Therefore with as "much love, and as great thanks, as a loving an d kinde King can give "to B D E Hijloricd Colleclions. I 19 ' to fo loving and dutiful a people, J thamk you for your offer. 5 ^-'~^-i:~-t: ....-^«„ .-. j^-. ^^„^ij and do :£accbi "accept it. '-^ "I told you before, that I would never have craved your Advice co " rejetft it, and fo to put a fcorn upon you : Tliink me not the Man. "It is true, I think no wife King can undertake fo great a bargain, "but he muft well be-thinkhimfelf before-hand: And I account it bet- "ter that a King advife well before he take a Refolution, thenadvif^ 'M'aflily, and after repent. Therefore, my Lords and Gentlemen, Ide- " dare unto you, That as I am willing to follow your Advice in the an- " nulling and breach of the two Treaties, both of the Match, and of the '■'■ PaUtiriAte: fo on the other part, I afluremyfelf, you will make good " what you have faid. That what you advife me unto, you will afllft me " with yourWifdom, and Council, and Forces, if need require. " I pray you have a charitable opinion of me, as you are to have of a " King who hath fo long ruled and governed over you, (and I may vaunt " my felf thus far to have done it with Juftice and Peace.) But, as I told " you before, all my forbearance hath been for fparing the eifufion of " Chriftian Blood, and as the moft eafic and probable way for rccoverin^f " the Palatinate for my Children. It is true, I have been fo long delayed " and paid with generals, that I dare not truft longer unto that which "mademeerre. The Duke oi Bttckingham made a particular relation " unto you, of all tfiatbufinefs •, and I am fure fuch an accompt was never " before given in Parliament , that thereby you may know what to truft •'to. I could in this cafe haverefolved my felf, but I thought it could " not but be both a ftrength and honor to me to have the Advice of my "people. " My Lords, in the late Parliament I then declared it onto you, that " I was refolved without refpeft of Frienddiip, or Match, or whatfoever, " to have the Palatinate one way or other : I hope you remember it. " God is my Judge and Saviour, I never had any other end, and it " is pitty I (hould live to have any other end ; and for my part, except by "fuch means as God may put into my hands, I may recover the P^/rf^/- " nate^ I could wilh never to have been born. I am old, but mineonely "Son is yong, and I will promife for my felf and him both, that no " means Oiall be unufed for the recovery of it ^ and this / dare fay, as old " as / am, if it might do good to the bufinefs, / would go in mine own " perfon, and think my labor anil travel well beftowed, though / (hould " end ray days there. For if / lliGuld fpare any means pofTible for the " recovery of it , then let me not be thought worthy to Reign over " you •, and in good faith, / never refolved to live with other minde -, "and / will fay more, there was never any Enemy of my Son-in-law, " with whom /talked on of the bufinefs, or any that /ever fpakewith " of the fame •, which did not fay, and confefs / had reafon to have the " Palatinate, one way or other : And when they fay that it is good reafon, " and themfelves allow it, it is a good fpur tome to think on it. " My Lords and Gentlemen, thus far afiure your felves, /will go " chearfully about ir, to prepare all things pofiible for it -, and as you " have given the means, fo will / employ them toward it. " In the next degree, I hope you will think of me, but that I leave " to your own Counfel and Confideration. But Iprotejl to God, a penny " of this Money (liall not be beftowed but upon this Work, and by your "own Committees •, apd I afliire my felf, you will think of me for a " double Reafon. My Cuftoms are likely to fall, by occafion of the T2 « War, 22 Hifiorical ColleBions, " War , and my Charges increafe •, but undertaking the War , I muft " go through with it one way or other , though I fell my Jewels and "all. " In the next Seffion you will confider how this hath been husbanded •, " and according to that, think what is next to be done -, and it will fpur " you the more to enable me for the reft , whereof I fpake to you "before. His Majefty further fald, " I will clear you in fome things ; for I will " not deal with you in any thing, but fairly and clearly as a Kmg : Though " I have broken the Necks of three Parliaments, oneafter another, I hope " that in this Parliament you fliall be fo refolved of the fincerity of my " heart , and of your duties and affcdtions , that this lliall be a happy " Parliament, and make me greater and happier then any King of E?t^- " lauil ever was. " In my laft Speech I promifed you, that if I accepted your offer, I " would follow your Advice, and would not after hearken to any Treaty " of Peace, without firft acquainting you, and requiring your Advice •, " and I like^vlfe promifed nothing fliould be fpent of your Moneys, but " by your own Committees. But I defire you to underftand, That I "muft have a faithful fecret Counfel ot War, that muft not be ordered " by a multitude, for fo my defigns may be difcovered before hand -, and " ©ne penny of this Money fhall not be beftowed, but in fight of your "own Committees. But whether I ftiall fend Twenty thoufand pounds, " or Ten thoufand pounds 5 whether by Sea or Land, Eaft or Weft, by " Diverfion, or otherwife by Invafion upon the Bavarian or Emperor, you " muft leave that to your King. " Aftureyour felves, my delay hitherto was upon hope to have gotten "it without a War. I held it by a hair, hoping to have gotten it by a " Treaty 5 but fince I fee no certainty that way, I hope that God who " hath put it into your hearts tlius to advife me, and into my heart to fol* " low your Advice , will fo blefs it, that I fliall clear my Reputation from " obliquy •, and in defpight of the Devil, and all his Inftruments, ftiew " that I never had but an honeft heart. And I de/ire, that God would blefs " our labors for the happy Reftitution of my Children 5 and whofoever did " the wrong, I defer ved better at their hands. After this, the King purpofing to fignifie to the King of Spain, That his Parliament had advifed hira to break off the Treaties , and to re- cover the Palatmate by War : The notice of a flilrp Petition agakift Popifli Recufants framed bytheHoufeof Commons, and fent up to the Lords for their Concurrence, did a little ftagger his Refolution, asap- ,pcareth by the following Letter written with his own hand to Secretary Conwaj, King James his Letter to Secretary Conw.ty.,toi\c\\- ing al'ecition againft the fapifts. I Doubt not hut yoti have heard what a (iinpng Petition againfi the Papifts, the Lower Houfe have [ent to the Higher Houfc this day, that they might joyntly frefent tt unto me. Te knorv my firm refolution not to make this a War of Religion 5 and feeing I would he loth to he Coney- catch- ^'^ hy my people , I pray you flay the Pofl that is going to Spun, till I meet with f^y Son, who will he here tomorrow morning : Do it upon pretext of fome more Letters ye are to {end by him •, and if hefbould begone, ha^en after him to (lay him upon fome fuch pretext •, and let none living know of this, as you love me. Ht^orical ColleBions, i^t B D me. And before two in the afternoon Po morrow, you (hall mthoutfail hear | 22 tfacobi. from me. Farewell. ^ ames R, J' The Petition which the King called a flinging one, was intended to be prefented to his Majefty from both Houfes in term as foUoiveth. May it pleafe your moft Excellent Majefty, W€ pout ^miim mod Ijumblc anD Lopal ©utjjectsf, t|)e The petiBion. Lo?t)0anD CQmmon0 m tf)i0 p^efent Parliament affembleD, Ijabins to our fingular Comfort rertitjcD pour #?infclj> JS-cfoUirion up' on our Ijumble petition, to OiOfolbe tbe tt»o '3:reatte0 of tb^ Match, anD of tbe Palatinate -, auD bating on our part0 twtfb all alacritp anD reaDinefjs bumblp ofifered our affiffance to pour ^ajeQp, to maintain tbe ©liar tobicb niap enfue tbcreupon : ^et toitbal fcnQblp 6nDtng tobat ©eDuiou0 anD 'Craiterou0 poGtion^ tbofe 3IntenDiarie0 of Rome, anD p?ofe(reD^nsine0 of Spain, tbe ^?tefl0auD3fcfuite0, in- fufe into pcoir natural bo?n ®ubjcct0-, tjobat numbers tbep babe feDuteD, anDDoDailpfeDuce, tomafee tbeir Depcnoance on tbe iBope of Rome anDIfting of Spain, tontrarp to tbeir Allegiance to pour #aieffp tbeir Uiege lo?D •, CEbat Dailp refo?t of 1^?ieQ0 anD 3!efuite0 into pour SiiogDom0 5 tobat Concourfe of popiiftEecufant^, mutb mo?e tben ufual, i0 notD in anD abont tbe cCttp of London-, toijat bolDncf^, pea, txibat infolcncp tbep babe DifcobereD out of tbe opinion tonceibeD of tbeir foreign patronage •, tobat public^ refo?t to ^atte^, anH otber Cjrercif e0 of tbe #opiGj l5,eUgion, in tbe boufe^ of fo?etgn Hlmbaffa^ Do?0 tbere 10 Dailp, to tbe great grief anD offence of pour gooD "Sub-- jea0-, ttibat2icatp?eparation0aremaDcm Spain, 6tfo?an 3Inba6on, tbe bent tobereof 10 30 probable to be upon Come part of pour ^a^ )enic0 Dominion0, a0 upon anp otber place 5 tobat encouragement tbat map be to pour (2nemie0, anD tbe ^nemie0 of pour Croton, to babe a partp, 0? but tbe opinion of a partp \iiix\)m pour ll^ingDam0 , tobo Do Dailp increafe anD combine tbemrelbc0 togetber fo| tbiU pur- pofe •, tobat Didjeartening of pour gcoD anD lobing ®ubiett0, toben tbep Qjall fee mn^e caufe of fear from tbcir falfe-bearteD dountrep^ men at borne, tben from tbeir p?ofcO"eD3Dberfarie0ab?oaD •, tobat ap= parent Danaer0 bp 6OD0 p?obiDence, anD pour ^3Jeaie0 totfDom anD gDoDnei0 tbep babeberplatelpefcapeD, tobicb tbe longer contmunnce upon tbofe ^reatif 0, upon fucb unfitting CTonDittcne, fomentcD bp pour oton tllaffecteD @ubje£t0, toDulD Curelp babe D?aton upon pour ^aieap, anD pour State •, Do in all bumblenef0 offer unto pour fatreD ^ajeQp tbefe tbcir bumble petit! on0 fnllotoing. I. €batalUleCuitc0anD©eminarpP^tca0, anDallotber0, babing tafeen 0?Der0 bp anp 3utbo?itp DenbeDfrom tbe @ea of Rome, map bp pour .^afetiieg proclamation be commanDeD fo?tbtoitb to Depart cut of tb!0 iSlealm, anD all otber pour ll)igbnef0's Dominions ^ anD neitbertbep, no? anp otber to return 0? comcbitber again, upon peril of tbefeUereft pcnaltpof tbe lato0 noto m fo?ce agamff tbenn anD 1 tbatall pour ?0ajeQie0©ubjett0 map berebp alfa be aDmomdJcD not 1 to I^X HiBorical ColleHions. An. 1^25. torecetDe, entertain, comfo?t 0? conceal anpof tijat t)tperou0 t3?oot)J upon pcnaltteg anD fo?feitute0tt)t»cl) bp ttje \.mt& map be impofeD upontbcm* II. CDatpour^ajeflptooulDbepleafeDtosibe aret'sbt anDfpeeDp charge to tbc 3!uaice!e! of ^eace in all parts; of xW Jl^ingDom, tbat (according to tIjeJLatosintfjatbebalf maDe, anDtlje ©?ner0 tafeenbp pour ^aieaieiK ^?i'op Ccunccl ljcretofo|c fo? poltcp of ^tatr) rtiep Dotafee fromallpopiQ; Eecufant^ IcgaUp conbiaeti, 0? junip fufpctt- eD -, all fuclJ Srmo?, ©unpotoUcr, anD Munition of anp femDe, 80 anp of tbemfjabe either in tijeir oton ?janD0, o? in tOe banDsf of anp ctbcr fo? tbcm, anD to fee tl)c fame fafclp feept, anD tifpofeD arco?- Dingto t(jelatu, leabmg fo? t^e neceffarp Defence of tOeir ^oufe anD perfon0, fo mucD a0 bp tlje la\» 10 p?efcriDeD» III. ClJat pour^aieOp toill pleafetocommanD all Popid) Eecu^ fant0, anD all otOer tnt)o Dp anp lato o? Statute are p?o};iDiteD to come to tDe King0 Court, foitDtuitDunDerpamof pour beatp Difplea- fure anD febere Crecution of pour lat»0 againfl tDem , to retire tDem^ fclt)e0, tDctr ttitt)e0 anD families from 0? about London, to tbeir fe= beral Dtoclling0, o? places Dp pour Lams appointeD, anD tDcre to remam confincD toitDm fibe miles of tDeir DtnelUng places, acco^Dmg to tDe latoes of tDis pour Hiealm ; SnD fo^ tDat purpofe to DifcDarge all OSp^pafl licences granteD unto tDem fo? tNr repair bitber -, SnD tbat tbep p?efume not anp time bereafter to repair to London o?tuitbtnten miles of London, 0| to tb^ filings Court, 0? totbe0?inces Court, tDberefoeber, IV. tJTbat pour ^afeOp tuoulD fo?btD anD reOraintbe great refo?t anD concourfe of pour oton ©ubjetts, fo? tbe bearing of ^aCTe, 0? otber Cjcercifes of tbe UliomiCfj Eeligion, to tbe boufes of foreign 9mba(raDo?s, 0? Agents, reGDingbete fo?t|je ferbice of tbetr feberal p^mccs u? ©rates. V. 'Cbat bJbere of late in feberal Countie0 in tbi0 Realm fome babe been truffeD in tbe. places of JLo^Dlieutenants, S^eputp JLfeutC' nants, Commiffioners of ©per anD Cermmer, SuOices of peace, anD Captains of tbeir Countries, tobicb are eitber ^opilb iUccu^ fants, 0? jQon-Connnunicant0bp tbe fpace of a pear nob) laa paff, 0? X(iUt\) t>o not ufuallp refo?t to tbe Cburcb to Dibine ferbice, anD can b?ing no gooD Certificate tbereof ■■, tbat pour ^aj eap bJoulD be pleafcD to Difcbarge tbcm from tbefe places of trua, bp b)bicb t\)t^ babe tbat potoer m tbe Countreptobere tbep libe, as is not fit to be put into tbe banDs of perfons fo affetteD. VI. Cbat pour ^ajeap tooulD be pleafeD generallp to put tbe LabjesinDue (lEjcecution, bJbtcbaremaDe, anDflanD m fo?ce agama ^opiQ) Eecufants -, %D tbat all pour SfuDges, 3[u0ites, anD ^mi- aers of 3iuOtce, to b3bofe care tbefe tbmgs are committeD, map bp pour ^aietlie0 |D?oclamation be commanDeD to Do tbfir Dutp tberein. VII. Cbat feeing toe are tbus bappilp DtlibereD from tbat Dan- ger bjbicb tbefe Cieaties nob) D;aolbeD, anD tbat ufe tobicb pour ill- aefearD ©ubiects maDe tbereof, tooulD certainlp babe D?aton upon us •, anD tanaot but fo?efee anD fear lead tbe Itfee map bereafter bappen, anD unebitablp b?ing fucb peril to pour ^m^m IRtngDoms : Mt are moa bumble @uito?s to pour giaciou0 ^aieOp, to fecure t\^t bearts HiUoncal CoUeBiom, B D \}tm% of pourgcoD ^ibtcct0 bp tf)e engagement of pour 3S,opalijjo?D unto mm •, tbat upon no oc caGon of Carnage o? "Creatp, o? orljci* ic^ qued m tUat beUalf from anp foreign ^juir c o? ^tatejo uitiatfocber, youtoill tafeeoff, o? QacfeentUe €]cecution of pour latujSJ agama x\}t ^opiOj iR.ecufant0, '^0 tubtcD our Ijumble perittonsf, p^otcemng from our moff lopal anD Dunfull affetticng totoarD pour ^aienp , our rare of cur doun^ iXi(Si gooD, anD cur ron&Dent pcrfijoaQon tDat t&i0 tuiH tnucl; aDbance tbc gIo?p of WmigUtp tKoD, ttie ebcrlaamg Dono? of pnur ^^ateap, tbefafctp of pour £luigt)om, anD tDc enrouragemcnt of aUpour gooD ©ubieas: OHeDomoa Ijumtlp befcecb pour ^aicUp to l)oucf3fafe a gracicu0 2(!nftjjer. This Petition, after a Conference between both Houfes, was redu- ced to another form, and fo prefented to the King. To which his Majefty returned this Anfwer. My Lords and Gentlemen of both Houfes, " F Cannot but commend your zeal in offering this Petition to me, yet '*^ Aon the other fide, I cannot but hold my felt unfortunate, that /iliould " be thought to need a fpur to do that which my Confctence and duty "bindesme unto. What Religion Jam of, my Books do declare, my " profeffion and behavior doth (hew •, and / hope in God I fliall never hve " to be thought otherwife-, furely I (hall never dcferve it^and for my parr, "/wilhit may be written in ikfery ■., Cod is my ^tidge it " hath been fuch a great grief to me, that it hath been as Thorns in my " Eyes, and Pricks in my Sides •, and fo far / have been, and flixll be from " turning another way. And my Lords and Gentlemen, you fliall be my " Confe(]ors, that one way or other it hath been my delire to hinder the "growth of Popery ■■, and / could not be an honefl man if / Ihould have "done otherwife. And this / may fay further, that if /be not a. Martyr, *•' /am fure / am a Confeffor •, and in fome fence / may be called a Martyr, "as in the Scripture //44c was perfccuted by Ijlmaelby mocking words: for never King fuff ered more ill Tongues then / have doncj and / am fure "fornocaufcj yet /have been far from perfecution-, for / have ever " thought that no way more encreafed any Religion then perfecution, ac- " cording to tliat frying. Sanguis Martyrum e(l Semen Ecclefu, " Now my Lords and Gentlemen, for your Petition, / will not "onely grant the fubft.mce of what yea crave, but add fomewliat more " of iny own • for the two Treaties being already annulled (js / have " declared them to be) it necefl'arily follows of it fclf, that whicli you " defire, and therefore it needs no more •, But that / do declare by " ProcUmation ("which / am ready to do) that all ^efmtcs and Prie(ls do "depart by a day-, but it cannot be as you dcfire by our Proclamation "to be out of all my Dominions •, for a Proclamation here extends but "ro this Kingdom. " This /will do and more,/ will Command all my fudges when they go their " 22 43 ^acobi. His Majeflics Anfwer to the Petition. I H An. 1624. HiUorical CoUeBions. ''their Circuits, to keep the fame courfes, for putting all the Laws in' " Execution againft Recufants, as they were, wont to do before thefe " Treaties-, for the Laws are ftill in force, and were never dt[fenccd with " by me : God is nay ^t*dge they were never fo intended by me ; but as / " told you in the beginning of the Parliament, you muft give me leave 1 " as a good horfeman, fometimes to ufe the Reins^ and not alwayes " to ufc the 5p«n : So now there seeds nothing but my Declaration for '"'■ the di farming oi them, that is ready done by the Laws, and fhall be " done as you defired : and more, / will take order for the {bamefuU dif- " order of tbereforting of my Subjeds to all foreign AmbafTadors •, for " this / will advife with my Councel how it may be beft reformed . It is " true, that the houfes of AmbafTadors are priviledged places ^ and Major " though they cannot take them out of their houfes, yet the Lord "and Mr Recorder oi London^ may take fome of them as they come " from thence, and make them examples •, another point / will add con- "cerningthe education of their children, of which 7 have had a prin- " cipal care, as the Lord of Canterbury^ and the Bidiop of Winche^er^ "and other Lords of my C©uncel can bear me witnefs, with whom I " have advifcd about this bufinefs -, for in good faith it is a fliame their " Children fhould be bred here, as if they were at Rome. So / do grant " not onely your ^efire, but more. I am forry / was not the firfl " mover of it to you, but had you not done it, / would have done it " my felf. " Now for the fecond part of your Petition-, you have here given me " the beft advice in the world •, for it is againft the rule of wifdom that a The Spanifli Ambalfadors accufe Buck: ingham to the King of mat- ters of high concernment A cc King fliould fuffer any of his Subjects to tranfgrefs the Laws by the '' intercefion of other Pnnces : and therefore afTure your fclves that (by " the Grace of God) I will be carefull that no fuch conditions be foifled "in upon any other Treaty whatfoeverj for it is fit my Subjeds fhould " ft and or fall to their own Laws. This Petition was furthered by the Duke of tucJtingham^ who ftill retained the memory of his ill-ufage in Spain, and the Spaaifh Ambaffa- dor being netled thereat, accufed him to the King, not without fome reflciftion upon the Prince himfelf? with fome difficulty they procured a fecret entercourfe with the King, and fuggefted unto him matters of near and high concernment to his Royal dignity and perfon. They tell him, that being befieged, and clofed up by the Dukes Servants and Vaf- fals, he was no more a freeman : That he was to be confined to his Countrey-houfeandPaftimes, the Prince having years aad parts anfwer- able for publick Government. That the Duke had reconciled himfelf to all popular men, fuch as Oxford, Southampton^ Ejfex, Saj^ and others, and fought to raife an opinion of his own greatnefs, and to make the King grow lefs 5 and that all looked towards the rifing Sun. Hereupon they advife the King to free himfelf from this Captivity, and eminent Danger, and to cut off fo ungratefuU an affeder of Popularity, and great- nefs, and fo he fhould ftiew himfelf to be as he was reputed, the eldefi and wifejl King in Europe. Thefe fecrets were quickly blown abroad, and brought to the Dukes Ear. But whatfoever impreffion the King received from them, the thing whereupon he infifted openly, was, the demand of particular proofs. But all their Anfwers confifted of Arguments againft declaring the naines of the Confpirators 5 whereupon the Kings Privy-Coun- fellors. I » III I ■ ■» • „ . . ' B D Jitflorical CoUeBions. I +9 fellors, and other principal Subjefts were examined upon oaths, and In- terrogatories moft pertinent to the Accufation were propounded to them-, but this examination difcovered nothing. The King turned acain to the AmbalTadors with new inftances to make a clear difcovery, but they ftill refolved to conceal the Authors. And it was ailed ged by their Partakers, and intimated to the Kino', that the things were fueh as could not be evidenced by Legal proofs, be- caufe the perfons by whofe teftimony they may be confirmed, do for fear of a moft potent Adverfary withdraw themselves, and the Ambaflfa- dors never had the freedom perfonally to fpea^to his Majefty in the ab- fence of the Duke of Buckingham ; an example (fay they) unufual with other Kings, and never to be taken well, except when the King is weak in judgement, and wants experience, and a man wife and circumfped fup- plies his place. But here ffaidthe Ambaflador,) is zfrudent King, and a Favoriteyonn^y rafli, and heady, whofe continual prefence did argue guile and fear •, and his Majefties moft faithful! Servants dare not fo much as dif- clofe their minds.Moreover they fuggeft that the bufinefs of the PaUtinate was by him taken out of the hands of the Kings Council, and referred to the Parliament •, that he did arrogate to himfelf the thanks of all things acceptable, and was ftiled the Redeemer of his Country ; and he would hax^e it believed, that he hatha dominion over the Kings and Princes will. And things ftanding thus, though many may be found that will fpeak againft the King, yet none will appear to fpeak againft the Duke : For which caufes thefe clofc Informers befought his Majefty to free his Vaflals from fear and diffidence, who otherwife will dare difcover no- thing for his prefervation. But thefe dark Intelligences had no other ifiTue, then the moving of King ^ames to reprefcnt to the King of Spain the mifcarriages of his Ambailadors, remitting the caufe unto him, with a demand of Juftice and reparation, for that the Information was fufficient to put impreffions in him of perpetual jealoufies of the Duke. Hereupon when the Am- bafTadors were returned home, they fuffered a few dayes confinement but were afterwards rather rewarded and further imployed: For in the Court of S/14/;;, 5«f/{r/'»^/'4Wj name was odious, and the Princes honor of little value, and the Kings reputation at a low ebb: d'vers particular Enmities were already begun between the Subje(5lsof both Crowns, the Englilh Merchants were opprefted in the Spanidi Ports. Notwithftanding the Dukes vaft power and popularity, the Earl of Briftol refufed to bow before him. The Earl, though his charge were heavy, and his Caufe ftrongly prejudiced, did not abandon his own de- fence, but protefted againft the Dukes Narration of the SpaniOi Alfairs and was committed to the Torver^ being not admitted into the Kind's pre- fence, nor to plead his Caufe before him. He was to the Duke a ftout and dangerous Enemy •, inforauch, that he was faid to violate the rules of the prudent Mariner^ who in a Storm and foul weather, is accuftomed rather to pull down,then to hoife up Sailes. Saturday the 29 of May^ the King being come to the Houfe of Peers, and his Majefty and the Lords in their Robes , Sir T/jomas Crexv Speaker, beuig come to the Bar, and the Commons prefent, he made this Speech. U That 22 ^acobi' The ifTue of I thofe Accu- fations. The Earl of Briflol pro- tefts againrt the Dukes Narration, is imprhcncil in the Towa . ISO Hijlmcal CoUeBwns. An. 1624. -- ^ ' ' .' The SfeAl-ers an! tlicK'n^f ^p;cc!l at the (^rliciirnminc of the I'arlia- cc cc t cc "" Hat God to his own great glory had brought this SefTion of the Parliament fo happily begun,to lb happy an end,that both Houfes and every particular Member thereof had given their willing " afTent even with one voice , unto the Advice which his Majefty " was pleafed fo low to defcend as to demand of them. As there was " not an hammer heard in the building of the Hou[e of God, fo in this "great Bufinefs thtx^wzsnoiz Negative voice, nor any jarring among '• them : But their time \y2s wholly fpcnt in thebufinefs of Parliament, " in which they had prepared many Bills profitable for the Common- " wealth, and fliewed the feveral natures of thofe Bills: fome for the " fervice of God, and reftraint of Recufmts •, fome to redrefs the Enor- mities of the Commonwealth:, others of his Majefties grace and bounty to his people 5 and fome concerning the Prince's Highnefs touching "his own Lands, and others to fettle ftrife in particular Eftates-, all " which do wait for and humbly defire his Majefties Royal alfent. " He n^ewed alfo what great joy they all received for the Diflblution '' of the two Treaties with Sfnin •, and that Commiflioners are required " to fee the Edidis performed againft Recu[ants and ^^efttites, the Locufts "of yjtfwf, wherein will confift his Majefties chiefeft fafety. And they do " render him humble ciianks tor their antientPr/'t^i/f^fj, which they fully ■■' enjoyed this Parliamenr,and their fo often accefs unto his Majefties pre- " fence ; and more efpecially for his Majefties general, large, liberal and " free Pardon, fliewing the benefit thereof, and reciting the particulars. " He alio prefented the Bill of Three entire Subftdies, and Three Fifteens '' and Tenths granted this Sefion, and declared the cheerfulnefs of the " grant thereof : And making his earneft prayers unto Almighty God " to diredl his Majefties heart to make his own Sivord his Sher/f to put " his Son-in-law in poffeflion of his Palatinate, the antient Inheritance of " his Royal Grandchildren, he ended, humbly craving pardon for himfelf " and his own errors committed this Seflion. "Unto which his Majefty prefently made anfwer , beginning with t'thelaft o( the Speakers Speech touching their Freedom, which he pro- ' mifed to continue unto them in as large a manner as ever they enjoyed tl e lame. And lor the Rtftitution ot his Son-in-law, protefted his con- tinual care thereof, and his great grief if he fliould not fee an aftured '' hope before he died •, and vowed that all the Subftdies, for which he ''heartily thanked them, though it had not been fo tied and limited, '' fliould have been beftowed that way. His Majefty lemembred them, ' that nothing was given to relieve his own wants 5 which he expedeth "at the next Sefion the begmning of Winter. He acknowledged the " obedience and good refped of the Commons in all things this Parliament, " for which ( as he was pleafed to fay ) he thanks them heartily and with- " out complement •, and if they pleafe to continue the fame at their next " meeting, it will make this the happicft Parliament that ever was. " His Majefty fpake alfo of the Grievances prefented unto him yefter- " day by the Commons at Whitehall, promifing them a full Anfwer at their " next meeting ; Tiiat he had looked over them, and was glad they were " of no greater importance. His Majefty remembied the Houfe to handle " Grievances at their next meeting, and to hunt after none,nor to prefent " any but thofe oi' importance .He promifed to go over them all,and to give " a free anfwer, fuch as (hould be good for his People, not refpeding any " Creature Hijlorical CoUeUions. 151 B D d that he will advife herein with his Council and' ^ncobl lis Majefty faid, he would Ihew them h;s g;ie- w^ v " Creature whatfoever,and " Judges. At this time h " vances 5 firft, that they grieve at the Reformation of Building aoout " London with Bricic , which he incendeth onely for the Beauty ani " more fafety of the City , therefore he will go through with it • and " if the Commiflioners offend hereittj let the party aggrieved complain, " and he v;ill redrefs it •, that the form of proceedings ufed by the Coin- "mons in this Parliament isalfoa grievance unto hisMijefty, for that " they did not call the Commiflioners, whom they compl :ined of, be- " fore them, touching their complaint againft Dodor A) un •, his Ma- " jcfty faid their oath of Supremacy forbids them to meddle with Chuich "matters: befides they complain againft him, and never heard him '' Touching their complaint againft the Apothecaries^ his Majefty pro- '' tefted his care therein to be onely for his peoples health •, it is dangerous " for every one to meddle with Apothecaries ware, and the Grocers have " a Trade befide. '' His fourth grievance is, that Seditious Books are fo frequently " printed, which he will be carefull to prevent hereafter. " Fifthly, for calling in fo many Patents, appointing che Patentees " to wait fo many days with their Council,and never to hear them- where- " fore his Majefty warned them to call for no more hereafter, unlefs they " firft knew them to be grievous to the people ^ and fo his Majefty con- " eluded with thanks for the Commons good carriage towards him and *' his Lords this Seffion. Then the Lord Keeper fpake to the particulars of the Speakers Speech, and by his Majefties command approved them all, alluding the general confent of both Houfes to the Seftuagint direcfled by the Holy Ghoft •, and touching the Speakers defire for the Kings aftent to the Bills paft both Houfes, he faid the royal aflent is proper to the Lawgiver 5 and ftiewed, that it is beft for the people-, that this is in his Majefties power, and not in themfelves ; for the King knoweth what is beft to be granted unto his people, as may appear by the Petition that Bathflnba nu fe to King Solomon, to gvvt nnto Adonijah Ahi(hag to wife, which had Solomon granted, he had given Adonijah mems to ufurp the Kingdom, conaary toBathp)el/asmem[ng', and fuch is his Majefties intent this day for fuch Bills which he will not pafs. That his Majefty had given his confent to all the Bills of Grace, and to the Bill of the continuance of fome Sta- tutes, and repeal of others, fo neceifary, and for the good of the peo- ple. That his Majefty accepteth in good part their th:in ;<.s for his general Pardon which he hath fo freely granted unto his Subject" •, but his fpecial command is that thofe that are in Office, do look fti icftly to the executi- on of Laws againft Recufants 5 the Subfidies his Mijfties gracioufly accepteth, and therefore imitates not the Stoiy u\ Macroh f^ ot one who had all his debts paid, and inftead of thanks anfvvered, miht nihil •, though this be given to the PalatinateM^ Majefty interpreteth it as given to hun- felf, and rendreth to you all hearty thanks for the fimei The Lord- Keeper having ended his Speech, the Clerk of the Crown ftood up,and read the title of th? Bills pafled both Houfes •, and the Clerk ofthe Parliament read his Majefties Anfwerto each Bill,which being done, his Majefty remembred the breaking up of three Parliaments together, and the happy conclufion of this Seffion, and puts the Commons again in minde, that at their next meeting they do fo carry themfelves that this Parliament may be as happily continued to the end. U 2 At 22 151 Hiftorkal CoUeBions, An. 1624, At the Parliament holden at JVeflminJler by Pro- rogation, the Nineteenth day o^ February ^ Anno ^gisfacohi Anglia^Francia (s^ HthernU vicejtmofrimo^ ^ Scotia quinquagefimo feftimo, Thefe A(5ts were paffed. ■A N Ad for making perpetual an Ad made Anno 39 Eliz. En- liculed. An A^ for the Ending of Ho\^itds and, Werkhoufes for the Poor. 2. An Ad tor the quiet of the Subjed agamft Concealments, 3. An Ad concerning Monopolies , and Difpenfations with Penal Laws. 4. An Ad for eafe of the Subjeds concerning Informations upon Penal Statutes. 5. An Ad, That Sheriffs, their Heirs &c. having a Quietus eft, (hall be difcharged of their Accompts, with the Judges opinion therein, 6. An Ad concerning Women convideei of fmall Felonies. 7. An Ad to reprefs Drunkennefs , and to reftrain the haunting of Inns, &c. 8. An Ad to punifli Abufes in procuring Superfedeas of the Peace out of the Courts at Weflminfier, and to prevent the Abufes in procuring Writs of Certiordri out of the faid Courts, &c. 9. An Ad for the Free Trade of Wellh Clothes, &c. in England and Wales. ID. An Ad to repeal a Branch of the Statute An.'^OfH.^. Entituled An AB for certain Ordinances in the Kings Dominions , and Principality of Wale. 11. An Ad for Confirmation of a Judgment given for his Majcfty in a Scire facias againft Henry Heron , and for Declaration of the Letters Patents therein mentioned to be void. 12. An Ad to make perpetual the Ad for eafe in pleading againft troublefom Suits profecuted againft J uftices ©f the Peace, Mayors, &c, 13. An Ad for the further reformation of Jeofails. 14. An Ad to admit the Subjed to plead the General IlTue in In- formations oflntrufton brought on the Kings behalf, and to retain hisPof- feflion till Trial. 1 5. An Ad to enable Judges and Juftices to give reftitution of Pof- feffion in certain cafes, 16. An Ad for Limitation of Adions, and for avoiding of Suits in Law. 17. An Ad againft Ufury. 18. An Ad for the Continuance of a former Statute made 4" ^ac. Entituled, An ACifor the true making of Woollen Clothes. 19. An Ad for the further Defcriptioa of a Bankrupt, and relief of Creditors againft fuch as fhall become Bankrupts, and for infUdiog of Corporal puniQiment upon them in fome Cafes. 20. An Ad to prevent Swearing and Curfing, 21. An Ad concerning Hoftlers and Inholders, 22. An Hiflorical CoUeUions, 'n 2 2. An Ad explaining a Statute ^;;. 3, 4, & 5 M. 6, concerning the ' ^acobi 2 2 Traders of Butter and Cheefe. 23. An A(ft' 60 avoid Delaies by removing of A(5lions out of Infe- rior Courts. 24. An A(5l for relief of Creditors againfl: fuch as die in Execution, 25. An Aifl for relief of Patentees, Tenants and Farmers of Crown- Lands and Duchy-Lands. 26. An A<3: againft fuch as fliall levy any Fine, fuffer any Reco- very, knowledge any Statute, Recognifance, Bail or Judgment in the name of any perfon not privy thereunto. 27. An Ad to prevent the murthering of Baftard-children, 28. An Ad to continue divers Statutes, and repeal others, 29. An Ad to enable Prince charls to make Leafes of Lands parcel of the Duchy of Cornwal, or annexed to the fame. 30. An Ad to afl'ure Tork-Hoxxk and other Lands to the King , and to affure the Manors of Brighton, Santon, and other Lands to the Arch- B bifliop of York, &c. 3 1 . An Ad for the good Government of the Makers of Knives in HAllam-flnre in the County of Tork. 32. An Ad to make the Thames Navigable from Bercot to Oxon. SS' An Ad for the Subfidies of the Clergy. 34. An Ad for Three Subfidies, Three Fifteens and Tenths granted by the Temporalty, with the Judges opinions. 35. An Ad for the Kings General Pardon. Private A^s. 36. An Ad for the Confirmation of WaSam-Colkdge in oxouj and the PofTeflions thereof. 37. An Ad for the Naturalizing of PhiUp Barlemncchi. 38. An Ad for the Naturalizing of Giles Fandeput. 3:?. An Ad to enable William Earl of Hereford, and Sir Francis Sejmor Knight, to fell Lands for the paiments of Debts, and eftabliihing D other Lands. 40. An Ad for the Naturalizing of Sir Robert An(lrother, Sir Ceerge Ahercromy Knights, and ^ohn Cragge Dodor of Phyfick. 41 . An Ad to confirm the Copiholders Eftates of Stepney and Hack- ney, according to a Decree in Chancery between the Lord of the Manor and the faid Copiholders. 42. An Ad to confirm an afliirance of Lands fold hy S'\x Thomas Beaumont Knight and his wife, to Sir Thomas Cheek Knight, ■ .. 43. An Ad to ercd a Free-fchool and Alms-houfe, and Houfeof Corredionin Lincolnjlnre, 44. An Ad to enable Martin Cahhorp to fell Lands for preferment of younger Children, and paiment of Debts. 45 . An Ad for fetling the Manor of Goodnelton and other Lands of Sir Edward Ingram Knight. 46. An Ad to enable Dame Alice Dudley wife of Sir Jlohert Dudley Knigiu, to affure the Manor of Killtngworth arW other Lands to Prince Ch^ls, 47. An Ad to confirm an Exchange of Lands between PrinceCW/^ and Sir Lmis Wat[on Knight and Baronet. 48. An Ad for the fetling of the Lands of Anthony Vicoant Mon- tague, for paiment of his Debts and raifing of Portions, .. . 4P. An ^54- HMorical ColleBions, An. 1624 49. An hGt to enable Sir Richard Lumley Knight to fell Lands for the paiment of his Debts and preferment of Children. 50. AnA<5t to confirm a Decree in Chancery made bytheconfent of the Lord of Pamfwick in Com. Glouc. and his Cuftomary Tenants there. , . , 51. An Ad for the Naturalization of Sir Francis Steward Km^t, Walter Steward, ^ames Maxwell, William Car, and ^ames Levingfton, Efouires. • 52. An Adtfor the Naturalization of ^ohn romg Doi^or of Di- vinity. 53. An A6t for the Naturalizing of ^ane Murrey Widow, and Wil- liam Murrey B(qnite. 54. An Ad to make good a Conveyance of Little Munden made from Sir Peter Vanlore Knight, and Sir CharU Csfar Knight, unto Bdmond Woodhad Efquire and his heirs. 55. An Ad to enable Vincent Low to fell Lands for paiment of his 1 Debits. 55, An Ad to enable 7ohy Palyvicine to fell Lands for the paiment of Debts and preferment of Children. 57. An Ad for Naturalizing of Sir Robert Car Knight. 58. An Ad to confirm the Manor of JSlew-Langfort and Seavans, and other Lands late being the Inheritance of Sir Henry ^ames Knight in a Premunire convided, unto Martin Lumley Lord Mayor of London, Alice Woodrif w idow, and Edward Cropley, Sec. 59. An Ad for N aturalizing of Sir Stephen Ltifure. 60. An Ad for Naturalizing of ^ames Marquis oi Hamilton. 61. An Ad for Naturalizing of Sir William Anftrtther Knight, Dodor BalcanquaU and Patrick Aber^romy. 62. An Ad to confirm the Sale of Lands made by Sir Edward Heron Knight unto Bevel Moulfworth Efquire, and to enable the faid Sir Edward to fell other Lands for paiment of Debts, and to fettle other Lands upon Robert and Edward Heron. 63 . An Ad for the Naturalizing of Abigal Little, and William Little her fon. 64. An Ad for the eftabliftiing of Lands upon ^ohn Mohun Efquire fon of Sir Rowland Mohun Knight and Baronet, according to the Agree- ments made between them. 65. An Ad to enable Edward Alceck to fell the Manor of Ramp on and other Lands. 66. An Ad to explain a Statute made Anno 1 3 Eliz. for afTuring of Eighty two pounds ten (hillings fer annum to the Bifhop of Coventry and Lichfield for ever, out of Manors and Lands thereby alTured to Edmund rijber and his heirs. 6j. An Ad for the eftablifliing of Three Ledures in Divinity, ac- cording to the Will of Thomas Wetttnhall Efquire. 68. An Ad for the repairing of the River running to Colchelier, and paving of the Town there. 69. An Ad to enable Francis clerk Knight to fell Lands for the paiment of Debts and raifing of Portions. 70. An Ad for altering of Gavelkind-Lands, being late the Lands of Thomas Potter Efquire, Sir George Rivers Knighc, and Sir ^ohn Rivers Bironet, and to fettle the Inheritance of them upon Sir ^ohn Rivors and B D his heirs. 71. An' Htftorical ColJccftons. Kings J times ilcmands tlic Town of Fraiil^'rdnl ilepofired in tlie Arch- (iuc hefs hands. m 71 . An Aft to make the Lands of" Thom^ts JEarl of MiMeJlxinojscl Jacthiii to the paiment of his Debts. , _/^-.v "^^ 72. An Adt for the Sale of the Manor of Abbot s-Hdll, late the Pof- ! fe/Tionsof S\x ^ames Point z.decQ^itd^ that the Monies thereby niifed may i be diftributed amongft his Creditors according to his Laft Will. j 73. An Ad for the Naturalizing of Elizabeth Fere md Mary Fere^ the Daughters ot Sir Horatio Fere Knight. This Summer, Four Regiments of Foot were raifed for the fervice of the United Provinces, tobeimploycd againft the Emperor, under the Command of four Noble Colonels , the Earls of oxfordy Ejfex, and Southamf'ten, and the Lord Willeugby. The Town of Frankendd havmg been fcqueftrei into the hands of the Arciiduchefs jfabe/ia Clara Eugenia Infanta of Spain, for the term of Eighteen moneths, and that time now growing to an end, being to ex- pire about the middle of October next ^ The King commanded thofe B Lords and others that were CommiiTioners in that Treaty between his Majcfty and the Archduchefs, to aflemble and deliberate what was fit to be done concerning the remanding , receiving , and ordering of rhat Town. The Commiflioners unanimouily were of opinion, That it was fit for hisMajefty both in Honor and Intereft to remand it, and according to the Capitulation to place therein a Garrifon of Fifteen hundred Foot and Two hundred Horfe, with fufticicnt Visuals for fix moneths, and a fufficient quantity of all Munition : The Infanta: having accorded in the Treaty to give them a paflage through the King of Spain s Low- Countries ^ The King approved and refolved to follow the Advice, and gave Order to the Council of War to confider and difcufs the manner of demanding the Town, and the way and means of raifing the men, and conduding them thither, and of maintaining and fupplying the Garrifon with Munition and all things neceflary. On the day that Frankendal was to be redelivered, Spinola with his Forces marcheth out of the Town •, and finding none of the King o>: Great D Britains Forces ready to enter it, inftantly re-enters and takes poflellion, pulls down the King of England's Arms, and fets up the King oi Spain's. Y et did the "Hohlc Spaniard leave ftandmg the Monument of two Bro- thers, fighting and ftout Enemies of theirs 1, in oppofition of whofe valor the Spaniard had gained much honor, but overcame them at lafl. The Monument is ftanding in the Dutch Church in Frankendal upon a fair Tomb, with this Infcriprion, In bcatifsiniam mcmoriam T)om.Gcncrofi Guliclmi Fairfax A?iglo-^ritanni, Honor atil stmt Domini Thomae Fairfax de T>cnton in Com . Ehor.Equiti^ Auratijilii^Cohortts Anglicani T>ucis infgms ^ Qui annis natm circitcr XXVI. pofi animi flunma edit a tcjlimonia inviclifsimi , una cum Joanne fratrc jm juniorc^ in obfdionc Francovalcnti, hie facta eruftione arrcptus-, illc iBu bombards pcr^ culfiis^occubuere. Jnno Ad.DC.XXI. This spinola mar- ches out of the Town,and immediately Re-enters. IJS of War againft the Countrey or Dominion, which of right appertain and are in truth, the juft and lawful pofleflion of the King ot Sfiain, or the Lady Infanta Isabella: And in cafe any fuch Hoftility ftiall be aded contrary to this his Majefties intention, all fuch CommilTi- ons which (liall be granted to that purpofe by the (aid Count Mansfield, his Majefty doth declare to be void ^ and that all payments fliall ccafe : That on the contrary, if Obedience be given hereunto, the King wiiheth the Count all good fuccefi for the recovery of the Palatinate, and reefta- blifliment of the Peace in Germany againft the Duke of Bavaria, and thofe that are the troublers of the Peace. And for the performance hereof, the King caufed Count Mansfield to take an Oath, That he would conform according to the Contents of the faid Commiflion and Declaration of his Majefty ; which Oath was almoft in I'crminis of what is before exprefted. This Army coniiftmg of Twelve Regiments, was intended to Land in France -, but being ready for Tranfport , the French notwithftanding their Promife, and the Treaty of Marriage, demurred (yet not plainly denied) their paflage. Neverthelefs, the whole Army was rtiipped, and put over to Calice •, and after a tedious ftay in hope yet to land and pafs through the Countrey, they were forced to fet fail for ZeaUnd. Neither were they fuffered to land there, coming fo unexpedledly upon the States , and in a hard Seafon for Provifionof Vi9 B D and exercife ^.pifcopal ^urifdiBion. Among others, Matthew Kelii[o» and Richard Smith were prefented. And though the Regulars were oppofite to the Seculars in this matter, yet thofe of the Order oi St. Benedict joyned with the Seculars, and Rudefin Barlo Prefident of the Engliih Bcneditlines at Dowaj, wrote a Letter in their behalf to the Congregation ztRome, named of the Propa- gation of the Faith. Dated the Twelfth of December, One thoufand fix hundred twenty and four. In which Letter was this paffage , That there were above Sixt-^ Bene- di^ine Monks in England ; and that it is not to be doubted (faid he) [ For that it is already feeii the good fuccef under: the Fir (I Bijlwv.'] That an- other Bifliop being Conftituted , there would he moxe joyful fruits with- in one two years in the Engli(h Mi f ion, then hitherto hath been for Sixty years now elapfed. But not long after, the Epifcopal partf prevailing , Pope Urhan the Eight created Richard Smith Bilhop of Calcedon, and fent him into Eng- land wkh Epifcopal Authority over the Priefts within the Englifli Domi- nions. King ^ames after he had been troubled with a Tertian Fcvor four Weeks, finding himfelf near the end of his days, called unto him Charles Prince of Wales, his onely Son, to whom he recommended the Protedli- onof the Church of England, advifed him to love his Wife, but not her Religion •, and exhorted him to take fpecial care of his Grand-Chil- dren, the Children of the Ele(5tor Palatine, by his Daughter 5 and to employ the power he left him, to reeftablifii them in the Eftate and D^- nities of their Father : And laftly, he recommended to him his Officers who had faithfully ferved him, and on the Seven and twentieth of March gave up the ghoft. And (liortly after Bifhop Laud delivered to the hands of the Duke of Buckingham, brief Annotations or Memorables of the Life and Death of King^^wf/, (viz,,) L T ~\ E was a King almoflfrom his Birth. I I IL His great Clemency that be jhould Reign f9 long, and fomo- deratelj, that knew nothing elfe bat to Rei^n. 111. The Htfficult times in Scotland, during his Minority, as much per- plexed with church as State Faff ions. I V. ffis admirable Patience in thofe yonger times, and his Wifdom to go by thofe many and great difficulties) till God opened him the ways to hiijufi Inheritance of this Crown. V. His peaceable Entry into this Kingdom , contrary to the fears at home, and the hopes abroad, not without Gods great blefing both on him and its. V I. His Ability as (Irong in Grace as Nature, to forgive fome Occur- rences . VII. The continuance of full Two and twenty years reign all in Peace, without War, from Foreign Enemy, or Rebellion at home, VIII. The infinite advantage, which people of all forts might have brought to themjclves, and the enriching of the State, if they would have ufed [uch a Government with anfwerable care , and not made the worft ufe of peace. I X. Gods great mercy over him in ?nany deliverances from private Con- (pirators, and above the re(l^ that which would have blown up his Poflerity and the State by Gun-powder. X 2 X. That ; I 60 Hiflorical ColieBions. An. 162'). X. That in all this time of his Reign of England, he took away the life of no one Nobleman, hut rcflored many. X I. That the fiveetnef of his nature rvas fcarce to be faralleU by any other. XII. ft is little lef then a Miracle, that fo much (rveetnef fJwulJ be found in {0 great a heart, as be fides other things, fickncf and death it felf flierved to be in htm. XIII. clemency, Mercy, ^uflice, and holding the State in Peace, have ever been accounted the great Vertues of Kings, and they were all eminent in him. XIV. K<: ^i^ not onely a preferver of Peace at home -but the great Peace- maker abroad -^ to fettle Chrijlendom a^ainlf the common enemy the Turk, which mi?ht have been a, glorious work, if others had been its true to him, as he was to the common good. XV. He was in private to his Servants, the be (I Mafler that ever was, and the moft free. XVI. He rv.ts thejujieft Man that could fit between farties, andasfa- tient to hear. XVII. He was bountiful to the highefl pitch of a King. XVIII. He was the greatcft Patron to the Church which hath been in many Ages. XIX. The mo(l Learned Prince that his Kingdom hath ever known for matters of Religion. XX. His integrity and founJnef in Religion, to write and fpeak, believe and do, live and die one and the fame, and all Orthodox. XXI. His tender love to the King his Son, our mo(l gratiens Soverai^n that now is, and his conflant Reverence in performance of all duties to his Father > the greateft Blefing and greatejl Example of this , and many Ages. XXII. The Education of his Ma]e(ly whom we now enjoy (and I hope and pray we may long and in happinef enjoy ) to bean able King as Chriflen- dom hath any, the very firjl day of his Reign ^ the benefit whereof is ours, and the Honor his. XXIII. His ficknef at the beginning more grievous then it feemed, a flarp melancholy humor fet on fire, though ujhered tn by an ordinary Tertian Ague. XXIV. He w 06 from the beginning of his fuknef fcarce out of an opi- nion that he (hould die ; and therefore did not fiifer the great Affairs of Chri- flendom to move him more then was fit, for he thought of his end. XXV. His devout receiving of the Ble(fed Sacrament. X X V I. His Regal Cenfure of the Moderate Reformation of the Church of England, and particularly for the care of retaining of Abfolution, the com- fort of dijlrefjed Souls. X X V 1 1. His continual calling for Prayers, with an affured confidence in Chrifi-. X X V 1 1 1. His death asfuti. of patience as could be found info flrong a death. XXIX. His Refl, no qucflion is in Abrahams Bofome, and his Crown changed into a Crown of Clory. Another writes thus of that King in the Book entituled the Reign of King Charles. In A B D Ht^iorical CoUeBiom, t6i B D IN the ftile of the Court he went for Crcr.t Britains SoIotKen-^ nor is it anyExcurfion beyond thePrecindls of Verity to fay, That neither Britain nor any other Kingdom whatfoever, could ever fince Solomons days glory in a King (lor recondite Learning and abftrufe Knowledge) fo near a Match to Solomon, as he. And though he was an Univerfal Schollar, yet did he make other Sciences ( their moft proper employment ) but Drudges and Serviteurs to Divinity, wherein he became fo tranfcendent- ly eminent, as he notorioufly foiled the greatefl: Clerks of the Roman See. Nor did his Theological Abilities more advantage the Caufe of Religion abroad then at home, they keeping the new-fangled Clergy a- loof, and at diftance, as not daring to infufe into fo folid a Judgment their upftart and erroneous Fancies, nonordifquiet the Churches peace with Heterodox Opinions. A ftout Adverfary he was to the ArmintMs and Semipelagians > whom he called as Projpcr before him , The Enemies of Geds Grace. And as (lender a Friend to the Presbytery, of whofe Tyranni- cal and Antimonarchical Principles, he had from his Cradle fmart experi- ence. He was an excellent Speaker, the Scheme of his Oratory being more (lately then pedjntick, and the Expreflions argued him both a King and a Schollar. In his Apparel and Civil Garb, he feemed naturally to affed a Majeftick carelefnefs , which was fo Heiflick, fo Habitual in him, as even in Religious Exercifes, where the Extern Demeanor is a grand part of that Sacred Homage, he was fomewhat too incurious and irreve- rent. He was indulgent a little to his Palate, and had a fmack of the Epi- cure •, in Pecuniary Difpenfations to his Favorites,he was exceflive liberal ; yea though the exigence of his own wants pleaded Retenfion. Studious he was of Peace, fomewhat overmuch for a King, which many imputed to pufillanimity •, and for certain^ the thought of War was very terrible unto him 5 whereof there needs no further demonftration, then his man- agement of the Caufe of the Palatinate : For had he had the leaft fcintilh' tion of Animofity or Majeftick Indignation , would he have fo long en- dured his Son-in-Law exterminated from his Patrimony, while the Aaftri- 4»Fa(5tion (to his great dilhonor) cajoled and kept himindel-uforyChat with fpecious fallacies:' would he in thofe feveral Negotiations of Car- lifle, BftUol, Bclfafl, and Wefton, have trifled away fo vaft fums, the Moity whereof, had they been difpofed in Military Levies, would have Modelled an Army able (when Hcidelburgh, Manhetm, and Frankendak defended themfelves) to have totally dilTipated all the Forces of the Ufurpers, to have maftered the Imperious Eagle, enforcing her to forego her Quarry, and reeftated the Palfgrave ? would he fo Ihamefcilly have Courted the Alliance of Spain, to the very great regret of his Subjedls whom his Pre- decefifors had fo often baffled , and whom England ever fourtd a worfc Friend then Enemy < What ftronger evidence can be given in of a won- derful defeft of Courage < As this lipothymie, this faint-heartednefs, loft him the reputation and refpedls of his people •, fo his heavy preflfures upon them, and undue Levies by Privy Seals, and the like, alienated their Affeftion?, cfpccially confidering how thofe Moneys were mif-em- ployed , indeed rather thrown away •, partly in the two diflionorable Treaties of Spain and German), and the Confequential Enteitainments ; and partly in Largeft'ts upon his Minion Buckingham. Between this dif- affedion and contempt in his people, there was generated a general dif- pofltion to turbulent and boifterous Darings and Expoftulations, even againft liis Darling Prerogative : And though thofe difmal calamities which 23 ^acchi. i6i Htsiorical CoIIeBions. An. 162'). which befel his Son , were doubtlefs ampliated by a fupeitetation of Caufes •, yet was their firft and main exiftency derivative from thofe femi- nalities. Let Court- Pens extol the calmnefs of his Halqonian Reign with all artifice of Rhetorick, yet can they never deny but that admired Sere- nity had its fet in a Cloud •, and that he left to his Succeffor , both an empty Purfc and a Crown of Thorns. Sir fr4«c/V 54«» when King 5f4;»f5 was living, gave this Chara(aer of him. WHerefore reprefenting Your Majefty many times unto my minde, and beholding you not with the eye of Prefumption to difcover that which the Scripture tells me, is infcrutable -, but with the obfervant eye of Duty and Admiration, leaving afide the other parts of your Virtue and Fortune , I have been touched, ye3,and pofleffed with an extream wonder at thefe your Virtues and Faculties which the Philofophers call Intellediuals , |^ The largenefs of your Capacity , the faithtulnefs of your Memory, the fwiftnefs of your Apprehenfion, the penetration of your Judgment , and the facility and order of your Elo- cution. ] And I have then thought, that ot all the perfons living that I have known. Your Majefty were the beft inftance to make a man of Pla- to's opinion , That all Knowledge is but Remembrance , and that the Minde of Man b"j Nature knetveth all things, and hath but her own Native and original Notions ( which by the (Irangenef and darknefs of the Tabernacles of the Body, are fequeftred) again revived and re flared. -Such a Light of Nature I have obferved in your Majefty, andfuch areadinefs to take flame and blaze fram the leaft occafion prefented ^ or the leaft fpark of anothers Knowledge delivered. And as the Scripture faith of the wifeft King, That his heart was as the Sand of the Sea , which though it be one of the largeft Bodies, yet it confifteth of the fmalleft and fineft Portions : So hath God given your Majefty a compofition of Underftanding admira- ble, being able to compafs and comprehend the greateft Matters, and neverthelefs to touch and apprehend the leaft 5 wherein it lliould feem an impoflibility in Nature for the fame luftrument to make it felf fit for great and fmall Works. And for your gift of Speech, I call to minde what comeliws Tacit its faith of Auguflti'S C^f'ar, Augu(lo p-oflucns & qux Principem decerct Eloquentiafuit : For if we mark it well. Speech that is uttered with labor and difficulty •, or Speech that favoreth of theaf- fedation of Arts and Precepts •, or Speech that is framed after the imita- tion of fome pattern of Eloquence, though never fo excellent-, all this hath fomewhat fervile and holding of the Subject. But your Majefties manner of Speech is indeed Prince-Uke , flowing as from a Fountain, and yet ftreaming and branching it felf into Natures order, full of Faci- ciHty and Felicity, imitating none, andinimitable by any, crc. And there feeraeth to be nohttle contention between the excellency of your Ma- jefties gifts of Nature, and theuniverfalityand perfedionof your Learn- ing •, for 1 am well aflured of this, that what I fluU fay is no amplifica- tion at all, but a pofitive and meafured truth, which is, That there hath not been fince Christ s time, any King or Temporal Monarcfj, which hath been fo learned m all Literature and Erudition, Divine and Humane •■ For let a man ferioufly and diligently revolve and perufe the Succeffion of the Emperors ot Rome, of which dtlar the Didator, who lived fome years before HiUoricai ColleBionL i6^ before Chrift, and Uircm Amoniui^ were the beft learned; andfodc- fcend to the Emperors of Gracia, or of the Weft, and then to the Lines oi France, Sfatn, England, Scotland, and the reft, and he lliall finde this Judgment truly made : For it feemeth much in a King, if by the compendious extradions of other Mens Wits and Learning, he can take hold of any fuperficial Ornaments and Hiews of Learning 5 or if he countenance or prefer Learning and Learned Men. But to drink indeed of the true Fountain of Learning, nay, to have fuch a Fountain of Learn- ing in himfelf, in a King, and in a King born, is ahnoft a miracle 5 and the more, becaufe there is met in your Majefty arareconjundion as well of Divine and Sacred Literature, as of Prophane and Humane. So as your Majefty ftands mvefted of that Triplicity which in great veneration was afcribed to the Antient Hermes, The Power and Fortune of a King, the Knowledge and Illummation of a Prieft, and the Learning and Uni- verfality of aPhilofopher. This Propriety inherent and individual Attri- g bute in your Majefty, deferveth to beexprefted notonelyintheFame and Admiration of the prefent time, nor in the Hiftory or Tradition of the Ages fucceeding, butalfoin fomefolid Work, fixed Memorial, and Immortal Monument, bearing aCharader or Signature, both of the 'Power of a King, and the Difference and Perfedion of ftich a King. MemortA ^u/li cum laudibHs, c^ impiorttm nomen fatrefcit. He that hath lately writ the Hiftory of Great Britain, thus exprefTeth himfelf concerning King ^ames. HE was a King in underftanding, and was content to have his Sub- jeds ignorant in many things 5 as in Curing the Kings Evil, which he knew a device to ingrandize the vertue of Kings when Miracles were in faOiion •, but he let the World believe it, though he fmiledatit in his own Reafon , finding the ftrcngth of imagination a more powerful agent in the Cure, then the Plaifters his Surgeons prefcribed for theS®re. It was a hard queftion, whither his Wifdom arid Knowledge exceeded his Choler and Fear -, certainly the laft couple drew him with moft vio- lence, becaufe they were not acqtiifitious, but natural 5 if he had not had that allay, his high towering and maftering Reafon had been of a rare and fublimed excellency ; but thefe Earthly dregs kept it down, making his Paflions extend him as far as Prophanenefs (that I may not Hiy Blaf- phemy) and Policy fuperintendent of all his Adions, which will not laft long, (like the violence of that humor) for it often makes thofe that know well, to do ill, and not be able to prevent it, I He had pure Notions in Conception, but could bring few of them I into adion, though they tended to his own prefervation ^ for this was ^ one of his Apothegms which he made no timely ufe of, \_Let that Prince that would beware of Conffiracies, be rather jealetfs of [uchrvhom his extra- ordinary favors have advanced, then of thofe whom his di [plea fure hath dtf- contented. Thefe want means to execute their pleafurcs, but they have means atfleafftre to execute their de fires .'] Ambition to rule is more vehement then Malice to revenge: Though the laft part of this Aphorifm he was thought to pradife too foon, where there were no caufes for prevention and negled too late when time was full ripe to produce the Effed, Some paralleld him to Tiberius for Dirfimulation , yet Peace was maintained D 23 ^acobi. I 6^ Hiftorical ColleBions. An. 1624. maintained by him, asinthetime oi Augu^tts, and Peace begot Plenty, and Plenty begot Eafe and Wantonnefs, and Eafe and Wantonnefs be- got Poetry, and Poetry fvvelled to that bulk in his time, that it begot ftrange monftrons Satyrs againft the Kings own perfon, that hanted both Court and Countrey^ which expreffed, would be too bitter to leave a fweet perfume behinde him. And though bitter ingredients are good to imbalm and preferve dead Bodies, yet thefe were fuch as might endanger to kill a living Name, if MaUce be not brought in with an Antidote. And the Tongues at thofe times more fluent then my Pen, made every little raifcarriage (being notable to difcover their true operations, hke fmall Seeds hid in Earthy darknefs) grow up andfpred iTito fuch exube- rant Branches, that evil report did often pearch upon them. So danger- ous it is for Princes by a remifs comportment, to give growth to the leaft Error • for it often proves as fruitful as Malice can mike it. Butalafs good King ! Here was an end of his Earthly Empire, and little did he imagine that the lafl: period to Great Britaim Monarchy,niould not much exceed the time of his own Reign, and in the true extent come (hortofit. There is a Book faid to be writ by a Knighe of Kent, and intituled King ^ames Court, which renders a further Charader of that King-, we forbear to particularize any thing thereof (no name being put to the Book) but leave the Reader to his freedom. The Bifliopof Lincoln, then Lord Keeper of the Great Seal of Eng- land, in his Sermon at King ^ames Funeral, fpeaking of Solomon and King ^ames, (his Text being i Kings 11.41,42,45. ) hath thefe Ex- preflions. I Dare prefume to fay, you never read in your lives, of two Kings more fully parallel'd amongft thcmfelves,and better diftinguillied from :D all other Kinss befides themfelves. Kin% Solomon \s faid to beUni- genitm coram Mtttrc [ha, the oncly Son of his Mother, Prov. 4.3. So was King ^amcs. Solomon was of Complexion white and ruddy. Cant. 5.10. So was King ^4«z<^- Tree, in the days oi Solomon, i Kings /\, 25. And lb they did in the bleded days of King ^awcs. And yet towards his end. King Solomon had fecret enemies, Kazan, Hadad, and ^fcroboam, and prepared for a War upon his going to his Grave, as you may fee in the Verfe before my Text. So had, and fo did King ^amcs. Laftly, Before any Holtile Ad v>'e read of in the Hiftory, King Solomon died in peace, when he had lived about Sixty years, as Ljra and 'Toslatm are of opinion ; and fo you know did King ^ames. And as for Ws words and eloquence, you know it well enough-, it was rare and excellent in the higheft degree. Solomon fpeaking of his own faculty inrhiskinde, divides it into two feveral heads'-, a ready i»- 'vention,ind an eafie Difcharge and Exprcfton of the lame. God hathgrant- B edme to [peak as I would-, and to conceive as is meet, for the things fpokcn of, Wifd.j.i^. And this waseminent in our late Soveraign. His Invention was as quick as his firft ; houghts, and his Words as ready as his Inventi- on. GodhAdgivcn him to conceive -^ the Greek word in that place is cj'>- //^.^vrof, that is, to make an Enthymem oralliortSyllogifm 5 and that was his manner. He would firfl: winde up the whole fubftance of his dif- courfe into one folid and malTie Conception -., and then fpred it and dilate it to w!ut compafs he pleafed •, Profluenti (^ qtu Princtfem deceret eloquen- tia (as Tacitm faid of Jugiift/i-s) in a flowing and a Princely kinde of Elo- cution. ^ Thofe Speeches of his in the Parliament, Star- Chamber, Coun- cil Table, and other Publick Audiences of the State (of which, as of Tullies Orations,- £a femper optima, qu£ maxima, tlie longed ftill was held the beft) do prove him to be the moft powerful Speaker that ever fwayed the Scepter of this Kingdom. In his Stile you may obferve the Ecclefiafles, in his Figures the Canticles, in his Sentences the Proverbs, and in his whole Difcourfe Reliquam verborum Sohmonis , all the reft D that was admirable in the Eloquence of Solomon. How powerluUy did he charge the Prince with the care of Religion and Juftice , the two Pillars (as he termed them) of iiis future Throne C How did he recommend unto his love, the Nobility, the Clergy, and the Communalty in the general 1 How did he thruft, as it were, into his in- ward bofom, liis Bjlliops, his Judges, his near Servants, and that '^ Difci- ple ot his whom he fo loved in particular C and concluded with that Hea- venly Advice to his Son , concerning that great a(5l of his future Marri- age, To marry like hri»f:lf, and marry where he would: But if he did marry the Daughter of that King, he lliould marry her Perfon, but he lliould not many her Religion. Having in our Collections met with the Tranfcript of a Letter from King ^ames to Pope Clement, Ancd Anno 1^99, We have thought fit (though it be not placed in order of time) to conclude his Reign with it, and with the Inftru(^ions given to Mr. Drnmmond wiio was fent with the fame to Rome. ^acohtu ^ The Duke of Bncl(in- ghcim. i66 Hijhrical CoUeBions, An. iSz-). facohm Rex, dementi Papx. BEatiffime Pater, cum variis ad nos perlatum fiiiflet rumori- bus, quam diligenter noftrar fortis xmuli fepius egiflenc , utau- choritatls veftia? acies in nos diftrin- geretur , quaque conftantia id pro vcftra prudencia hadenus fueric recuHitum : Committere noluimus quin accepti memores beneficii gra- tias ageremus , opportunam nadi OGcafionem, cum later prcefentium, natione noftras, vefter afcriptitius, in fines ditionis veftra: reverteretur •, quern pro fua indole veftris orna- turn beneficiis veftrse Sanditati Commendamus, ut eum in iisquse noftro nomine habet impartienda, audire placide non dedignetur : Et quia adverfus malevolorum calum- nias, qui noftras in Catholicos in- jurias commemorand© , nobis in- vidiam, & ipfis gratiam conciliant, nullum tutius remedium agnofci- mus, quam ut e noftratibusaliqui, veritatis ftudiofi, quantumvisaRe- ligione quam nos a prima haufi- mus Infantia , abhorrentes , ho- neftam in curia Romana demorandi occafionem femper haberent , ex quibus veftra Sanditas certo pofllr, in quo ftatu res noftrx fint, edifce- re ^ Iioc nomine Epifcopum Fa.zio- ncn[em vobis commendamus , qui ut Ibriis fuir qualecunque incremen- tum veftrc^ Sanditati duntaxat re- fert acceptum, ita Cardinalatus ho- norem pnonbus beneficiis, noftra pr^efertim gratia, adjici obnixe ro- gamus. Sic Inimicorum celTabunt Calumnis", prsfentibus qui rerum geftorum veritatem polfint adftru- I ere. Nee adlionum noftrarum ul- 1am a:quos rerum a:ftimatores cu- pimus latere, qui in ca Religionis, quam profitemur, puritate cnutriti, fie femper ftatuimus nihil melius tutiufque quam cjtra fucum in iis ^ pro- Kjng James Letter to Tofe Clement. ». Moft Holy Father J having under flood by (everal Reports horv diligent the Rivals of our Condition have been, that the Sword of your Authority fhoald be un- fheathed agatnfi m , and with what conflamy jour Prudence hath hitherto refufed it -, we could do no lef then re- turn thanks for fuch a gtod turn recei- ved 5 efpecially upon fofair an occafton, when the Bearer of thefe, a. Scotchman by Nation, but a Roman by Adoption, was returning unto your Dominions •, we recommend him to your Holinef (to whom for his good farts you have already been beneficial) that you would attentively hear him in thofe things which he fhall deliver in our Name : And becaufe we know there is no better remsdy againfl the Calumnies of ill Wilier s, (who by commemorating our injuries done to Catholicks procure en- vy to us, and thank to themfelvcs) then that fome of our Coantrcymen ^aleus of the Truth, though differing from the Religion which we have [uck- ek from our Infancy, fhould have an honorable occafton of making their abode in the Court of Rome, from whom your Hclinef? may be certainly informed of the flate ef our Affairs. In this regard we recommend unto you the Bijhep of Vazion , who as he doth impute whatfocvcr increafe of his con- dition to your Holinef alone ■ fo we are earnejl Suitors , that for our fake efpecia/Iy , the honor of a Cardinals Cap may be added to his former ad- vantages. By this means the C.dffm- nies of our Enemies will ccjfe, when juchare prefent with you, who may be able to affert the truth of our doings. We do not dcfire any of our actions jhould be concealed fromjufl Arbitra- tors •, for though we have been bred up in the truth of that Religion which we now profef, yet we have always determined HiUorical ColleUtons. X67 B determined that there is nothing better and fafer f then proiijly and rvithout (I cat at ion, to endeavor the promoting of thofc things which really hclong to the glory of Gods Name, and laying afide thegoards of Envy, and apply- ing the warmth and fomentation of charity , diligently to con fide r what I helongeth not to the empty name of Re- ligion, but t9 the holy Symbol of true Piety. Bift hccaufe we have difcoarfed mare at large of thefe things with the hearer hereof, a man not unlearned, and indifferently tvell converfant in our Affairs , we have thought befl to be no more tediom by a long Letter. Tour Holinef mofl dutiful Son From Holy Rood, 24 Sept. I5P9. J.R. D THis Letter was conveyed by Ed- ward Drummond the Lawyer , whom the King le?H to the Pope, the Duke of Tufcany , the Duke of Sa- voy , and other Princes and Cardi- nals, Firfl , Too, (hall mofl refpeciively Salute tn our Name the Pope , and thofe other Princes and Cardinals •, and having delivered our Letters of Credence, jliall fignife. That we exceedingly defire tore- ferve with them the meafure of Love, and good Will , which ts fit ting to re- move not onely all fufpition, but any thing that may be the caufc of Sufpi- tion. That although we perftfl in the Re- ligion which we fuck'd in from our In- fancy, yet we are not fo void of cha- rity-, but to think well of allChnflians if fo be they continue in their duty, jfirfl towards Cod , and then towards the Magiflrate , whojc Subjefls they arc. That we never exercifed any cruelty again fl the Catholicks , for Religion fake. And promovcndis, qua? Divini Numi- 23 ^acobi. nisgloriam ferio fpe-flanr, pie con- tendere, & remotis invidia; ftimu- lis, non tarn quid Religionis inane nomen, quamvera? pietatis Sacro- fanda teflera requirat, charitatis Temper adhibito fomento , diligen- ter confiderare. Sed quia de his copiolius cum latore prarfentium , viro non inerudito, & in rebus no- ftris mediocriter verCito, diflfe- ruimus, longioris Epiftola; txdio cenfuimus abftinendum. Beatudinis veftra? obfe- quentiflimus Filius E Sanda Cruce, 24 Sept, 1599. ^.R. SUmma mandatorum -ErfwWi ' mfiruaions to Drummond Jurifconfulti, quem ^'cDrummond. ad Pontificem Maximum, Ducem Etriirix, Ducem Sabaudi/e, cxtcrof- que Principes & Cardinales able- gamus. Salucabis imprimis noftro nomi- ne qudm potesofficiofiflimc, Pon- tificiem Maximum,ca:terofque Prin- cipes & Cardinales -, datifquc noftris Uteris fiduciariis fignificabis, Capere nos vehemeater eum, Quem decet, amoris & benevolen- •iiX modum cum lis confervare, omnemque removcre non fufpici- onem modo, fed & fufpicionis le- vtflimam quamcunque occafionem. Quod quamvis in ea perfiftuniis Religione, quam a teneris hauli- mus annis , non tamcn ita efl'e Charitatis expertes, quin de Chri- ftianis omnibus bene fentiamus-, modo in officio primum erga Dcum Optimum Maximum, dtinde erga Magiftratus, quotum lubiunt impe- rio, permanl'erinr. NuUam nos unquam f^vitiam contra quofcunque Catholicos Re- ligionis ergo exercuille. Y 2 Ec ] i68 Hijloncal ColieBions. An. 1625. Et^uia plurimum intereft noftra ut p?-i tliligentia qua malevoli men- tluntur, nos per atnicos & fubditos veiliatem pofTimus adllrucre •, id- ckco innkeris in hoc totis viiibus uc PontiFe>: Maximus tarn vogatu no- ftro quam precibus Illuftrifrimoium Principum, quos perliteras noftias ad hoc rogavimus , ad hoc induct pofific ut Epilcopus Vazionenfis in Cardinalium Collegium adlcifca- tur •, in quo fi profeceris, ut de eo reddici fuerimus certiores , ulterius progredicmur. Cavebis ne in hoc negotio ad Pontificem Maximum, aurilluftdinmosCardinales,ulcerius progrediaris, nifi prius fubiic certa ipesoptatieventus. And becaufe it doth njcn much cm' am US, that rve -may be able to affert the truth by our Friends andSubjecfs, with the fame diligence that flande- rers lie -^ therefore you fha/l endeavor totheiitfnoft toperfrvade the Pope, ai well at our entreaty, as for thedeftre of the\e mofl Illuflnoits Princes, whom in our Letters rve have [ollicited in our belialf, to make the Bifhop of Vazion Cardinal, wherein if you be (ucce/fiil, as foon as we (hall be certified thereof, we will proceed further. Joumuftbe cautelom not to proceed any further in this bufinef, either with the Pope or the mofl llluslrious Cardinals, unlef there be a. certain hope of our wijJud event. B D Hiftorical B D Hiftorical Colledlions. Trimo CA%PLL N the fame day when King ^ames departed this life at Theobalds^ the Lord Prefident of the Council, and the Lord Marflial of England^ were immediately fent by the Body of the Council to Prince Charles^ who was then retired to his Chamber, to give him notice of his Fathers deceafe, and that they were all there ready to prefent themfelves unto him, if his pleafure were to admit them •, but he being in fadnefs, wifh- ed them to forbear their coming till the next morning. In the mean time, the Privy- Counfellors aflembled themfelves , drew up the form of a Proclamation to proclaim King Charles, which was forthwith publifhed at the Court-Gate at Theobalds ; which being done, the King fignified his pleafure, that the Lord Keeper, the Lord Trcafurer, the Lord Prefident, the Lord Chamberlain, the Treafurer of the Houfe, and the Comptroller (liould attend him •, they all came and rendred up their Offices and Places to him, which his Majefty prefently reftored to them again. The Privy- Counfellors gave notice to the Lord Major of London, that he and all the Aldermen (hould that day appear in their Robes at Ludgate^ whither the Lords and others would repair, to proclaim King Charles : Accordingly, the Lords went from Theobalds to the Palace of Whitehall^ where the No- bility then about Londott were gathered together. At Whitehall-Gate the King was proclaimed by found of Trumpet, all the Nobility, Privy-Counfellors and Gentry being on Horfe-back, went thence, and proclaimed the King at charing- Crofs^ Denmark -houfe, Temple-Bar, at the great Conduit in /"/ff//?;-^*:;, and thence they rode up to Ludgate, where the Lord Major and Aldermen were on Horfe-back, f xpeding within the Gates, and the Lords and others entered and pro- claimed him there,and then they rode all to C heap fide-Crofs,\\here they pro- claimed the King again •, and the Lords returning thence, left order with the Lord Major to go on with the Proclamation in other parts of the City. The fame day King Charles removed from Theobalds, and came to St James's in the Evening, and the Corps of the deceafed King remained at Theobalds, attended by all the Servants in Ordinary, The day following, the Privy-Counfellors to the late King, witliall the Lords Spiritual and Temporal then oboni London, were in tlze Coun- cil Chamber at Whitehall by Eight of the Clock in the morning, ready to go together, and prefent themfelves to his Majefty -, but there came in the mean a Commandment from the King , by the Lord Contvay and Sir Albertm Morton, Principal Secretaries of State to the Z deceafed i6^ I Caroii. The Privy- Coiinfellors prefent them- ftlves to King Charles. King Charles proclaimed at Theobalds. k At Whitehall. In London. The oM Privy-Council new fworn. lyo An. 1625. Hiflorical ColleBions. The Councils advice to the King. Proclamation concerning Pcrfons in Office, Sec. deceafei King •, that the Lord Keeper of the Great-Seal fliould be , fworn of his Majefties Privy-Council, and that he (liould give the Oath to the Lord Prefident, by whom all the reft of the late Kings Council fliould be fworn Counfellors to his prefent Majefty : The Lord Keeper of the great Seal, the Lord Prefident, the Lord Arch-biniop of Canter- hurj^ theLord Treafurerof£»^/W, the Lord Privy-Seal, the Duke of Buckingham Lord Admiral of England, the Earl ot Pemhook Lord Chamberlain, the Earl oi Montgomery, the Earl of KeHye, the Earl of Arundel Earl Marflial of England, the Lord Vifeount Grandifon, the Lord Conmy, the Lord Brook, Mr Treafurer, Mr Comptroller, the Mafter of the Wards, Mr Secretary Morton, Mr Chancellor of the Exchequer, and the Mafter of the Rolls, were this day fworn accor- dingly •, the Lord Kcfipcr did take an Oath apart, as Lord Keeper of the Great Seal •, the Lord Treafurer, as Lord Treafurer of Eng- land -, the Lord Prefident, as Lord Prefident of the Kings Privy- Counci!, and the Lord Conmy, and Sir Alberttts Norton, as principal Secretaries of State •, the Lords which were not of his Majefties Privy- Council repaired by themfelves to Si harness, andprefented themfelves to the King, and kifled his hand. The Council fat immediately, andadvifed of the moft important and prefling matters to be offered to the King for his prefent fervice, and re- lolved upon thefe particulars. ThataCommiffion be granted to authorize the Great-Seal, Privy- Seal, and Signer, till new ones be prepared ^ alfo CommiflTions for authorizng of Judges, Juftices of Peace, Sheriffs, and other fuch officers for Government •, that there be a general Proclamation for continuation of Proceedings, prefervation of Peace, and adminiftra- tion of Juftice ; that Letters be prepared for the Ambaftadors with foreign Princes, to authorize their fervices to the King •, that fpe- cial Meflengers be fent unto foreign Princes 5 that the like Pro- clamations to thofe of England, be fent into Scotland -, that Commiffions be renewed into Ireland^ to the Deputy and Offi- cers there 5 that the Mint for Coyning of money go on, and all things be mannaged by the Officers as then they flood, till the Kings pleafure be further known ; that a Parliament be fummoned when the King fliall appoint 5 that the Kings pleafure be known concerning the time of his Fathers Funeral, and where the Corps (hall reft in the mean time, as alfo the time of his Majefties Co- ronation. This being done, the whole Council attended the King at St ^amtss^ where the Lord Keeper, in the name of all the reft, prefented their humble thanks, that it had pleafed his Majefty to have affiance in thofe that had been Counfellors to his Father, to receive them all to be of his Privy-Council -, the Lord Prefident reprefented to the King the matters before mentioned, which the Kmg allowed, and gave order, that thofe of them which required fpeed fhould be put in execution, and moft of the powers he figned prefently : And firft, becaufebythe death of the late King, the Authorities and powers of the greateft number of Offices and places of Government did ceafe and fail, by the failing of the Sovera.ligi. n and ins Anfwer. Mr. Montague hroughc to riie Jjar. the Book, and fought to fuppiefs It neverchelefs, it A a ;dd was Printed and 1 Dedicated The Arminiun parry ailcit his caufc. 78 Hisiorical ColleBions, An. 1625. The King takes Monta- gues bufinefs into hh own hand. TwoSubfidics prefented to the King. The King ac- cepts them, and defires more. A ftiort An- fwer to the Petition toiichmg Re- ligion. The Parlia- ment adjour- ned to Ox/bri/. TheF.xche- qucr removed to Richmond. ThcVantguard and fcvcn o- ther Ships employed a- gi\a{\Rochel. Dedicated unto King Charles, whereby that party did endeavor to engage him in the beginning ot" his Reign. The Houfe appointed a Committee to examine the Errors therein, and gave the Archbifhop thanks for the admonition given to the Author, whofe Books they Voted to be contrary to the Articles eftabliftied by the Parliament, to tend to the Kings dif- honor, and difturbance of Church and State, and took Bond forhisap- pearance. Hereupon the King intimated to the Houfe, that the things deter- mined concerning Meuntague without his Privity did not pleafc him 5 for th.?.t he was his Servant and Chaplain in Ordinary, and he had taken the bufinefs into his own hands, whereat the Commons feemed to be much difpleafed. Howbeir, to take away all occafion of difguft from the King at the entrance of his Reign, both Houfes did humbly prefent two Subfidies granted to his Majefty as the firft-fruits of their love, whereof they cra- ved acceptance. The Lord Conway, Secretary of State, fignified to the Houfe of Lords (the Commons being prefent) the Kmgs gracious acceptance of the Bill of Two'Subfidies -, Yet that the neceflities of the prefent Affairs were not therein fatisfied, but required their further Counfels : He reminded them, that the late King was provoked beyond his nature to undertakes War for the recovery of his Childrens Antient Patrimony : The charges of this War appeared by Computation to amount unto Seven hundred thoufand pounds a year to fupport the Netherlands, and to prevent the Emperors defign of concluding with the Princes of Germany, (utterly to exclude the Palfgrave) he levied an Army under Count Mansfield. The Kings of Denmark and Sweden , and the Princes of Germany levied an- other •, France, Savoy, and Venice, joyned together for a War of Di- verfion ; and to uphold the Netherlands, the charges o^Mansfeldind Den- marks Army muft yet continue; After this the Lord Keeper delivered a (liort Meflage from the King to both Houfes, That to the Petition of the Lords and Commons touch- ing Religion, his Majefty was pleafed at the firft to anfwer Gratioufly -, but now he hath fent them a fuller Anfwer, even an aflfurance of his real performance in every particular. The Houfes were preparing feveral Ads, as againft giving and taking of Bribes for places of Judicature ^ about prefling of Soldiers, and Ton- nage and Poundage,e^i;. But by reafon of the great increafe of the Plague, as appeared that week by the Bill of Mortality, the King being moved by the Houfes to grant a (hort Recefs,adjourned the Parliament to Oxford, to reaffemble the firft of AuguU following. And for the fame reafon, the receipt of the Kings Exchequer was re- moved from Weflminsicr to Richmond, and all Fairs within Fifty miles of London were prohibited to prevent a more general contagion. In the time of this Recefs, the Vantguard , a principal Ship of the Royal Navy, with feven Merchant Ships of great burden and ftrength, were lent to the French King, and employed againft Rochcl , which was thus brought about. King ^amcs in his lite time, being in Treaty for a Marriage between his Son, and the now Queen •, and entring into a War againft the King of ^/'rf/w, and his Allies in Italy and the Valtoline, had parted fome Proixiife for the procuring or lending of fhips to the French King, upon reaConable Conditions ^ but in no wife intending they iTiould ferve againft Rochcl, or any of our Religion in France : For the French Minifters B D HiBorical ColleBions. '-79 Minifters pretended, that the Ships (liould be employed onely againft Genoa 5 but afterwards the Proteftants in France intimating their fufpiti- on , that the delign for Italy was a meer pretence to make up an Army to h\\n^oi\t\\t Roche Uers and others of the ReUgion , Kxn^^ames wiHing to perform his promife, and yet to fecure the Proteftants , diredled, that the greater number of thofethat ferved in the Ships (liould be EngUfli, whereby he might keep the power in his own hands. For the performance of this Engagement, the forenamed Ships were at this time commanded to the Coafts of France: Nevertheleis there wanted a fufficient care to prevent the abufing and inflaving them to the defigns of the French King. Captain ^ohn ?enningtoni the Admiral of this Fleet, was much aniatisfied, and prefented to the Duke of Buckin- gham, Lord High Admiral, his Exceptions to the Contradt between his Majefty and that King, and cheifly for that the Companies were bound tofiglit at the French Kings Command, againft any Nation except their ]3 own ; and that the French might put aboard them as many ol' their own people as they pleafed. TheVantguard arived at Deep, but the reft lin- gred behinde -, for, the Companies under ftanding that the French defign was to furprife the Ships and to block up the Harbor of Rochd, refolved to fink rather, then go againft thofe of their own Religion. Captain Pennington received Letters from the Duke, and a Warrant from Secre- tary Conrvay in the Kings Name, to command him to deliver up the Ships to tlie hands of fuch Frenchmen as his Chriftian Majefty lliall appoint , but withal direding him not to diftert his charge , by which latter paflage he was willing tounderftand, that it was not the Dukes intention that he fliould difpoflefs himfelf and his Companies of them 5 for he fap- pofed his Grace had no fuch unjuft thought as to continue him there alone. Thefe Orders were delivered unto him by the hands of the French Ambaftador , together with a Letter from the French King, which will- ed him to receive his Soldiers, and his Admiral, the Duke of Montmo- jy ranee ^ and joyn with his Fleet againft his Rebellious Subjeds. Where- upon the Ambaflador urged the Surrender of the Ship , and nothing would fatisfie hira, but a prefent pofteflion, and a difcharge of the Englilh Soldiers, favc a very few, in cafe they were willing to be entertained in the fervice. Pennington after much difpute, although he were promifed an ample reward in Money to be given him at the Surrender, and of a Royal Penfion during his life, came to this refoluteAnfwer- That with- out an exprefs and clear Warrant he would not furrender nor diftharge a man of his Company. Whereupon the French Ambaffadors Secretary came two feveral times to the Ship toproteft againft the Captain, as a Rebel to his King and Countrey •, but at the making of the laft Proteft, wliich was accompanied with threatning Speeches, the Soldiers and Mariners grew into fuch a fury and tumult , that they got up their Anchors and fet fail for England, faying. They would rather be hanged at home, then furrender the Ship or be Slaves to the French, and fight againft their own Religion. All which Captain Pennington did not gainfay nor oppofe •, but when they came to Anchor in t\\Q Downs, he advertifed the Duke of all that had hapned, and craved further diredion, but complained of the Bond- age of this Engagement, afturing him. That the Mariners would rather be hanged, tlien return again into France : So in all the reft of the Ships, the Captains and Companies utterly refufed the Service, andprotc'fted Aa 2 againft I CaroU. i8o An. 162'j. HiBorical ColieBions. The Parlia- ment meets again at Ox- ford. Grievances. Mr. Mintague Summontd to appear. His Caufe re- commended by the Eiftops to the Duke. agaiiilt it, though they were tempted with Chains of Gold, and other . Rewards. ' All this while the Body of the Council were ignorant of any other defign then that of Cerjoa •, then divers perfons came over from the Duke oi Rohm , and the Proteftants of France, to foUicit the King and Council againit lending of the Ships, and received fair Anfwers from them both. But the King fent an exprefs and ftri>5l Order to Pennm^ton, requiring him without delay to put his former Command in Execution, for the con- jfigning of the Ship called the r^»/;^«W, with all her furniture, into the hands of the Marquefs D' Effat, alluring the Officers of the Ships, that he would provide for their Indempnity •, and further commanding him to require the Seven Merchants Ships in his name, to put themfelves into the Service of the French King , and in cafe of backward nefs or re- fufal , to ufe all means to compel them thereunto , even to their finking. Upon tliis Pennington went back to Beef, and put the Vantgttard into the abfolute Power and Command of the French King to be em- ployed in his Service at pleafure, and commanded the reft of the Fleet to the like Surrender. Atthefiift, the Captains, Mafters, and owners re- fufed to yield, weighed Anchor, and were making away •, but when Pen- nington iliot, they came in again, but Sir FerdtnAndo Gergc came away with the Ship called the Neptune : The Companies unanimoufly declined the Service^ and quitted the Ships, all but one Man, who was a Gunner 5 znd Pennington h^ihd to Oxford where the Parliament was Reaflembled, but as was voiced , was there concealed till the Parliament was dif- folved. On the Firft of Auguft the Parliament Reaflembled at Oxford, whe- ther the news of the Ships lent to the French againft the befieged i?o- chellers, did quickly flie, and exafperate the fpirit of that great AfTembly againft the Duke of Buckingham. The Grievances infifted upon, were the mif-fpending of the Publick Treafure, the negled of guardins the Seas, infomuch that the Turks had leifure to land in the Weftern parts and carry away the Subjeds Captives. The Commons appointed a Committee to confider of fecret Aftairs, and to examine the Disburfements of the Three Subfidies and the 1 hree Fifteens given to King J-ames, for the Recovery of the Pala- tinate, and they prepared to aflauk the Duke, Alfo Mr. Richard i»^^»- frf^«e was fummoned to appear according to the Condition of his Bond, and a Committee was appointed to proceed in the further Examination of that bufinefs. Mr. MJ Parliament, and no Grievances redrefled. There were many Refiedions upon the Dukes naifcarriages -, likewife they reafTumed the Debate con- cerning Montague •, and they refolved, That ReUgion fhould have the firft place in their Debates •, andnextuntoit, the Kingdoms Safety, and then \ Supplies. Other particulars were likewife infifted on , That the King be defired to Anfwer in full Parliament to the Petition concerning Religion, and that his Anfwer be Inrolled with the force of an Adl of Parliament: AUo that the Houfe confider of the new prepared Fleet and Army, and whither intended, no Enemy being yet declared-. That great Sums of Money were given for places, to the value of an Hundred and forty thou- fand pounds at leaft 5 that the King fliould contribute to help the FaUti- nates Caufe with his own Eftate-, that the time of the year was too far fpent for the Fleet to go forth in Service ^ that inquiry be made, whether the Duke brake not the Match with Spain, out of Spleen and Malice to Conde Olivares s whether he made not the Match with France upon harder terms •, and whether the Ships lent againft /Jor/'c/ were not maintained with the Subfidies given for the relief of the Palatinate •, that an Advifed Counfel for the Government of the prefent Affairs, and to look into the Kings Eflate, is necefTary •, that hisMajeflybedefired to give his Anfwer con- cerning the Impofition on Wines •, and Seleft Committees draw out thefc Heads at large to be prefented to the King : The doing whereof, they faid w?.s no ^Capitulation with his Majefty, but an ordinary Parliamentary courfe : Without which,the Commonwealth could never fupply the King, nor indeed fubfift. Soon after the Commons had a Conference with the Lords, defiring Complaints a- gainft Papids favored, not- withftandiog the Kings An^ fwer to the Petition a- gainftthem. their Concurrence in prefenting to the King , thefe Matters following. That notwithflanding the Lords and Commons at their laft Meeting this SefTion, did Petition his Majefly for the advancing of Gods true Religion, and the fuppreffing of Popery t, unto which his Majefty vouch- fafed as well from his own Mouth, as by the Lord Keeper, to return fuch Anfwer asaffured them of his Royal performance 5 yet at this Meeting they finde, That on the 1 2 of ^w/y lafl his Majefly granted a Pardon nn- 10 Alexander Baker ^]t^\xix.^y and unto Ten other Papifts, which (as the Commons have been informed) was gotten by the importunity of fome Foreign Ambaflador, and pafTed by immediate Warrant, and was recom- mended by the Principal Secretary of State, without the payment of the ordinary Fees. And further. That divers Copies of Letters and other Papers being found in the honk oi one Mar f Efimonds in Dorfetfhirehy two Juflicesof Peace, who thereupon tendred her theOathof Alleagiance, and upon her refufal committed her to the Conflable, from whom fhe made an efcape, and complained to the King. The Principal Secretary did write to thofe two Juflices in favor of her. Upon thefe Paflages the Commons made Obfervations ^ firfl, upon the date of the Pardon, which was the next day after his Majefties An- fwer by the Lord Keeper to their Petition concerning Religion •, fecond- ly. That the Pardon difpenced with feveral Laws, as of the 21 and 27 of Qiieen Eltzaheth, and of the Third of King ^antes^ provided to keep the Subjedls in due obedience -, thirdly,That the Pardon was figned by the Principal Secretary of State ^ and therefore the Commons declared, that thefe adings tended to the prejudice of true Religion, his Ma jeflies difhonor, the difcountenancing of the Minifters of Juflice,the grief of the good peo- ple, the animating of the Popifli party, who by fuch examples grew more proud D D Hijlorical ColleUions. 185 proud and infolenc, and to the difcouragement of the High Court of Par- | i Caroli: liament : All which they humbly defire his Majefty to take into due con- fideration,and to give effe^ual and fpeedy Redrefs therein. B D The Lord Comvdj principal Secretary of State, being called to 2ive an Accompt of this bufinefs, anfwered, That he ever hated thePopifli Religion •, That the Pardon was granted before the King anfwered their Petition, though it bore not date till afterwards •, That the King com- manded the doing thereof,and that no Fees (hould be taken •, Tliat he was commanded by the King to write a Letter in favor of the Woman in Dor[et-jhire, and what he did therein was to take off all fcandal from the King, though it lighted upon himfelf. This Conference no fooner ended, but both Houfes were ordered to meet at chri(l-Church, to receive an Anfwer to their Petition concerning Religion-, To every Claufe whereof his- Majefty anfwered in a Parlia- mentary way. The Petition, Remedies, and the Kings Anfwer we give you intermixt, for the better undeiftanding the Anfwer to every refpe- ftive Claufe diftinftly. To the Kings mojl Excellent Majejly, Moft Gracious Soveraign, 1C being mfalliljlp true, tW notOtng can mo?c eOfaMi'Rj tl)c CU^one, anD aCTtirc ttie p?acc ant) p?ofpentp of tbc people, tben tUe unit? anO Qnceritp of Ecligion •, Wit pour mott Ounilile anD lopal "Subjertsf, tbe iLo?D0 spiritual anO €;enipD?aT, anD Commons of tW p?efent parliament affcmbleD, bolD our felbes; bounD tn tonfcience anD Dutp to rep?cfent tbe fame to pour SacreD s^ajeOp, togetber tuitb tbe Danger- OU0 Confequentejaf of tbetncrcafe of ^operpin tbiisdanD, anD twbat toe tonteibe to be tbe p?mcipal Caufe^ tbereof, anD tobat map be tbe EemeDie^. The Dangers appear in thefe farticalars. I. 3[n tbeir Defpcrate enb-?, being botb tbe fiibberQon of Cburcb anD ©tate •, anD tbe rettlefnef^ of tbcir fpirit^ to attain tbefe enD^, tbe 55octrineoftbeirCeacber0anDleaDev0 perftoaDtng tbem tbat tberein t\)t^ Do (5oD gcoD fcrbtce. II. Cbetr cbiDent anD aritt DepenDentie upon fucb iFoiein 1d?ince0 ajs no toap afifect tbe gcoD of pour ^aieOp anD tW ©tate. III. Cbe opening a toap of iDopularitp to tbe Ambition of anp tobo cpall aDbenture to mafee bimfelf IJJeaD of fo great a partp. The principal Caufe of the Incrcafe of Papifls. I, Cbe toant of tbe Due epetution of lato5< agafnf? 3fefutte)Si, ©eminarp JD^iea^, anD popiCfj lS,erufantS( •, occafioneD paitlp bp tbe tonnibencie of tbe ©rate, parrlp bp Defects m tbe Latojs tbemfelbejJ^janD partlp bp tbe manifolD acufc of ©f6cer5(* II, ^be interpoQng of JFo^etgn ^?ince0 bp tbeir 9mba(raDo?0 anD agenrc^, m fabo? of tbem. III, Cbeir great doncourfe to tbe €ttp; anD frequent Conferences anDConbenticlestbere* Bb IV ^be The Petition concerning Religion, to- gether with his Majefties Anfwer. i8d Hiflorical CoUeBions, An. i62<). IV. %\)t oprn anD ufual xtton to t\)t punks; anD dtJappcte of V. Cbc €Ducation of tfjetr CljtlD^en tn ^ttnimxm anD ?)oufe0 of tDetc iSeltston m IFo^ctgn parts', tntjict) of late Ijatie botn greatlp mtil- tiplicDanDcnlarget) fo? cntcrtatnmg of tfjcEngliQi. VI. Cbat m fome places of poucEcahiij pouc people lenot fuf' ficientlp tnQructeD tn tlje fenotoleDse of true Eeltgton, VII. €lje Ittentioii0 pimttng anD DifperGng of ^opiG) anD ©e^ Dttious Xoofefif. VIII. CtJe implopment of men illaffetteD in Eeltgton tn plateg of ©oijernment , tojjo Do , CbaU , o? map countenance ttje #opil?j partp* The Remedies againH this eutragiota and dmgerom difeafe, We conceive to he thtfe enfuing. I. '^W tbe ^out^ of xW Eealm be tarefullp eDucateD Ijp able anti Eeligtou)8 ©cboolmaQer^, anD tbep to be enjotneD to €atec5ife anD tnarutt tbeir ©tbolarjs in tbe grounDjs anD principles of trueEeltgion. ^nD tobcrea© bp manp Complaint;? from DtbVr0 parte of tbe Cting^ Dom tt Dotb platnlp appear, Cbat funD?p popiQ) ScbolareDicrembltng tbeir Eeligton, babe trafttlp crept in anD obtameD tbe places of Ceacb^ ing m Di'bere Counties , anD tberebp infetteD anD perberteD tbeir ©cbolars, anD fo etteD tbem to be tranfpo^tcD to tbe ^opiCfjSemina' rif beponD tbe Seas •, Cbat tberefo?e tbcre be great care in Cboice anD aDmitttng ©cbcolmaaers, anD tbat tbe O^Dmartes mafee Diligent encjuiries of tbeir Demeanors, anD p^occrD to tbe remobing of fucb as CDall be faultp o^ jualp fufpcaeD* His Majejlies Anfwer, "This is well allowed of-. And for the better performance of what "isdefired, Lettei-s (hall be written to the two ArchbiOiops, and from " them Letters to go to all the Ordinaries of their feveral Provinces to " fee this done •, the feveral Ordinaries to give accompt of their doings " herein to the Archbifliops refpedively, and they to give accompt to ** his Majefty of their proceedings herein. II. Cbat tbe antient jDifcipline of tbe cantberGtt'es be reOogeb, be.- ing tbe famous JQurferies of Literature anD (Hertue. Anfw, " This is approved by his Majefty -, and the Chancellor of " each Univerfity fliall be required to caufe due execution of it. III. Cbat (petial care be tafeen to enlarge tbe ©Ho^D of (SoD tb?ougbout all tbe parts of pour ^ajethes dominions > as be- ing tbe mod powerful means fo? planting of true Eeligion , anD rcoting out of tbe contrarp: Cotobicb enD, among otber tbmgs, let it pleafe pour ^ajeOp to aDbife pour 05il5ops , bp JFatberlp intrcatp anD tenDer ufage to reDuce to tbe peaceable anD oiDerlp fcrbircof tbe Cburcb, fucb able ^iniflers as babe ba?nfo?mer' Ip tilenceD , tbat tbcre map be a p?o6table ufe of tbeir ^iniffrp in Hijlorical ColleUions. B " in tl)cfc nccbful miD Dangerous timr^-, 9nD tfWt Nom-efidencie, Plu- ralities aiiD Commendams map l3c moIicratcD. ffiHDprc IDC cannctfoaliear moff Inmibfp to rljanb pour -^iiicfip fo? Dtitiintaing tf;e number of pcur otjon ^l)ap!a:niS ^ not Doubtuog of tlje lil^e p^mcelp care fo? t^c tofn= tcaatjjms of rOe red of pourBene6cc0,botO to tDe drimfo^'t of Hot people, anD xU encouragement of tUc aimtjecDne^f, berns full nf grat)e anO aWe ®uwCfer/5 uiifuunilfjei) of Libmgi?. jin[w. " This his Majefty likes well , fo as it be applied to fuch " Minifters as are peaceable, orderly, and conformable to the Church- " Government. For Pluralities and iSIonrefidencies,they are now fo mo- " derated, that the Archbilliops affirm, there be now no Difpenfacions " for Pluralities granted 5 nor no man now is allowed above two Bene- '■ fices, and thofe not above thirty miles din ant: And for avoiding Non- refidence, the Canon in that cafe provided lliall be duly put in executi- on. For Commendams, they fliall be fparingly granted, only in fuch caie " where the exility and fmalnefs of the Biilioprick requireth. Alfo his " Majefty will caute that the Benefices belonging to him (liallbe well be- " flowed. And for the better propagating of Rehgion, his Majefty re- " commendeth to the Houle of Parliament, that care may be taken and " provifion made, That every Parifli (hall allow a competent maintenance " for an able Miniftcr •, And that the Owners of Parfonages Impropriate " would allow to the Vicars, Curates and Minifters in Villages and places " belonging to their Parfonage , fufficient Stipend and Allowance for " Preaching Minifters. IV. '2Dbat tljere map be arttt p^obiQon agatnOf tianfpo^ting of CngltO) crbilD^en to tlje ©emtnartejs beponD tbe ©ea0 , anD fo? tbe recalling of tbcni tobo are alreatip tbere plateD, anD f 0? tbe pum0;ment of fucb pour Sublette as are ^atntainers of tbofe ©emmaries, 0? of tbe^cbolars-, conftDermg, tbat beQDes tbe feDucing of pour people, *^ great fumsef monep are pearlpejcpcnDeD upon tbem, totbeivnpolierili)= ing of fm BingDom* An[n\ *' The Law in this cafe (hall be put in execution : And further, there (liall be Letters written to the Lord Treafurer , and alfo to the Lord Admiral, That all the Ports of this Realm, and the Creeks and Members thereof be ftridly kept, and ftrait Searches made to this end : A Proclamation fliall be to recall both the Children of Noblemen, and the Children of any other men, and they to return by a day x, Alfo Maintainers of Seminaries or Scholars there, fliall be puniflied accord- ing to Law. V. -STbat no popifl; Eecufant be permi'tteD to come toftbm tbe €curt,unlef0 pour ^aieOp be pleafeD to m\\ bim upon fpcccal orcaQon, agreeable to tbe Statute of 3 Jac ^nD wbereas pour ^ateCfp fc? tbe p^ebentingof apparent mifcbiefis botbto pour ^ajeCfp anD tbe Srare, batb \n pour ^^mcclptKifDonitalJcn o?Der, tbatnoneof pour nariral bojn -Subjeas not p?ofefang tbe true Eeligion, anD bp LaU) eaablul):D, beaDmitteO into tbe ferbice of pour Eopal €;onfo?t tbe €lueen. mt gibe pour ^^ateC[p moO bumble tWM, anD DeOre tbat pour ^?Dec berein map be obfertjeD. Bb 2 Anftv. 187 I Carcli. -,1 i88 Hiflorkal CoUeBions, An. 1625, Anftv. " If his Majefty (hall find or be informed of any Concourfe " of Recufants to the Court, the Law (hall be ftridly followed : And " his Majefty is pleafed, that by Proclamation the British and the Irijh " Subjeds (liall be put in the fome cafe. And as his Majefly hath pro- " vided in his Treaty with France, fo his purpofe is to keep it, That none " of his Subjefts (hall be admitted into his fervice, or into the fervice of " his Royal Confort the Queen, that are Popilh Recufants. VI. Ct>at all tOe Lato0 noto OanDing in fo?tc againti 3Icfuitc0, @eminai*p#?teQ0, anD etljcrsi ^at)ingtafeen£)?i)er0bp3!uttJo?itpDe' I'ibct) from rte @ca of Rome, be put in Due e]cecution« ^nD to tbe tn^ tent tbep map not n^etenD to be fucp^ifeD, Cbata fpcEDp anD certain ibap be p?e&)ceD bp pour ^ajeCfie^ proclamation fo| tbeir Departure out of tbi0 iS,calm, anD all otbcr pour 2:)ommion)3, anD not to return upon tbe febcreG penalties of tbe 'jlatu noto in fo?cc againff tbcm? ^iiD tbat all pour ^m^m ©ubjectis map b^ tberebp aOmoniO^eD not to rccetbe, comfo?t, entertain, 0? conceal anp of tbem, upon tbe ^enaltieie; tobtcb mapbelattifullptnfliaeD: SnDtbatall fucbpapiajs, Muiteief, anDEecufant0, txiboareanDC!)allbeimp?tfoneDfo?Eecufancie o? anp otber caufe, map be fo flrittlp reCranneD, 30 tbat none Qjall bat)e confe' rente t»ttb tbem, tberebp to aboiD tbe contagion of tbeir corrupt Eelt^ gion : ^nD tbat no man tnbo OjaU be fufpetteD of ^iqjerp, be fuffereD to be aKaper of anp of pouc^a)ea(e0^|ifon0, Anfw. " The Law in this cafe fhall be put in execution, and a Pro- " clamation (hall be to the effcdl defired 5 And fuch Reftraint (hall be ''made, as is defired-. And no man that is juftly fiifpeded of Popery, " ftiall be fuffered to be Keeper of any his Majeflies Prifons. VII. "Stbat pour $©ajeQp be pleafeD to talse fucb €^?Der a0 to pour p?incclp txnfDnm Qjall be cjcpeDient, 'STbat no namral bo^n ©ubjec, 0? (iranac 'BiQ)op0, no? anp otber bp autbo?itp from tbe ©ea of Rome, confer anp CccleOaQtcal £)?Der0 to ejcercife anp^ccleliaaicalfunmon tnbatfoeber, tctoarD 0? upon pour ^ajeflie0 natural ©ubjea0 toitbin pour iDomimon0. An{w. " This is fit to be ordered according as is provided, And it " (hall be fo publifhed by Proclamation. VIII. Cbat pour ^aieaie0 LeameD Council map receibe D^Xtx. anD commanOmentto conQDer of all former (S?ant0 of lS^Der anD CommanDincnt tbereui map be contmueD anD obferbeD, anD tbat tbe iDffenDer0 berem map be puniQjeD acco?Ding to tbe lLatD0, An[rv. " The King gives aflent thereto, and will fee that obferved " which herein hath been commanded by him. XIV. €bat all fucb 3fnfolencte0, a^ anp tbat are ^opiOjlp aefecteD babe latelp committeD, o? Cfjall bereafter commit to tbe Difjcno? of our Ecltgion, o? to tbetogong of tbe true I3?ofe(ro?0 tbereof, beejrempla^ lilp puniQjeo* An{T0, "■ This Hiall be done as is defired. XV. €bat tbe Statute of i Eliz. fo? tbe papment of ta:toclb^ pence eberp SunDap bp fucb a0 fljall be abfcnt from Dibme ferbite m tbe Cburcbtoitbout a latofuUejrcufe, map be putinDueerrtutibn, i\)t ratbcr fo? tbat tbe penaltp bp lat» 10 giben to tbe poo^, anD tbercfo?e not to be DifpcnceD baitbaU • . Arffiv. ipo Hijlorical CoUe&ions. An 1625 J -^nlto. " It is fit that this Statute be executed, and the Penalties " fhall not be difpenced withal, XVI. JLaOlp, CUat poui* ^ajeOp tooulD be plcafcD to cjctenDpoiic ^rintelp care alfo obec t&c li^iiigDom of Ireland, tbat x\)z Iifee tourfe^ map l)etIjetetalicnfo?ttjei-eao^tnsanO eOabU0;mgof true EcUgion. An[w. " His Majefties cares are, ani fliall be extended over the " Kingdom of /re/W •, and he will do all that a Religious Kingfhould " do for thereftoring and eflablidiing of true Religion there. gnD tljus (mnct gracious ©oticraign) atto?t)mg to our Cutp anD ?eal to 60D anD Eeltgion, to pour ^ajcap anD pour fafetp, to ttje COurcD anD Common toealtf), anD tOeir peace anD pjofperitp, toe l(at)e maDe a fattljfull 2:)eclaratiDn of tl;e p?efent CSatc, tije caufeiS anD vemeDies of ttit^ (ncreaong Difeafe of ^operp ^ bumllp offering tbe fame 1 pour #? mcclp care anD toif Donv ^t)e ^nftuer of pour^aicaie^ ifatUer, our late Soberaign of famcu.^. rnemo?p, up-- ontbelilie petition, DiDgtbeus great comfo?t of iclefosmation ; but pour ^ajeaieic! moD graciousi p?omife0 maDc in t&at feinDe, Do gibe U0 con6Dcnce anD arrurance of tbe continual performance tbereof. J\\ toJbicb comfort anD conftDente repoQng our felbejj, toe mo3 bumblp p^ap fo? pour ^ajeflie^ long continuance m all #?incelp fclicitp. ThePetition and Anfwer being read, it was further intimated to the Commons , That as his Majefty took well their minding him of the care of Religion , fo he would have done and granted the (iime things, though chey had never petitioned him ? neither doth he place his Anfwer to this Petition, as a wheel to draw on other affairs and defigns, but he leaves them to move in their own Sphere ; and what he hath done in this particular comes from thefe two Fountains, Confcience, and Duty to his Father, whoinhislaft Ipeech recommended unto him the Perfon, but not the Religion of his Queen. At the fame time the Duke fignified to both Houfes, that by the Kings command, he was to give an account of the Fleet, and the prepa- rations thereof-, and faid, that the firft and laft time he had the happi- nefs to fpeak in that Auditory, it was of the Spanifli Treaty, and then he was fo happy, as to be honored and applauded by both Houfes of Parli- ament ; and he made no queftion, but fpeaking now with the fame heart, he fhould be no Icfs acceptable to them. And he made this requeft to the Houfe of Commons, to believe, that if any hath fpoken, or fliall fpeak in difcharge of his confcience, his zeal of Reformation, anything which may feem to reflcd upon fome particular perfons, he fliall be the laft man that will apply this to him- felf, becaufe he is confidently affured of two things : firft, that they are juft not to fall upon him without caufe •, and fccondly, that himfelf fliall do nothing that unbecomes a faitlifuU Englifliman. And for the Method of his enfuing Difcourfe, he chofe rather to fpeak by way of Obje<5tion and Anfwer, then in one continued Speech, as afpcedier means to give the Commons fatisfatSion. A B D The Duke renders an account to both Houfes of the Fleet. He fpeaks by way of Ob- ieiSion and Aolwer. obie^. I. HiUorical CdUe&ions, B D Objed. I . By rvhat CoHn[d thoje Defigm and A£iions of War were car- ried and enterprifed ? Anfrv. By the Counfel of the Parliament appointed according to the A(5t of both Houfes, the z^,o( March i6z^. bythofe Counfels his Majefty was guided, and applied himfelf accordingly for the defence of the Realm, the fecuring of Ireland, the aflfifting of our Neighbors and others our Friends and Allies, and for the fetting forth the Navy-Royal. His Majefty looking into his purfe, faw enough to do all the former Anions, but not this latter : For when he came to confider of the Navy, there was neither money nor preparations •, yet looking upon the Affairs of Chriflendom^ he found that of moft neceifity : Hereupon his Majefty of famous memory did him {viz. the Duke) the honor, as to write from Newmarket to him at London a Letter to this effed •, That looking into the AfRirs of C^r//?cW«7/», hetbunditneceflary, that a Royal- Fleet (hou d be prepared and fet in readinefs, but that he had no Money •, wherefore himfelf (meaning the Duke) and his Friends muft begin to lay it out, and ho doubt but others would follow ^ and by this means the King might lie the longer concealed and undifcovered in the Enter- prife, as bearing the name of the Subjed onely, and other Princes in hope to draw him on, would fooner come to the bufinefs. Upon this Letter, the Duke faid, he leaped into the Ailion with all alacrity, and having received all he had from his Majefty, was moft de- firous, and held it a Ijappinefs to pour it out upon his fervice and occafi- ons, and had laid out of his own purfe Four and forty thoufands pouads •, and the Treafurer of the Navy, at his requeft, had laid out Fifty thou- fand pounds 5 thatheentred not into this bufinefs upon his own head, but fortified with the Advice and Counfel of thofe worthy perfons , the Lord Conway, the Lord Chichefier^ Lord Grandifon, Lord Carew, Sir Ro- bert Manjel, and Sir ^ohn Cook. Their laft confultation was of the War, next of the means-, but both one and the other was juftified by more then himfelf- he never did any thing but by them -, he either repairing unto them, or elfe they did him the honor to refort to his Chamber -, afterward the bufinefs, with the Kings leave, was imparted to all the Lords of the Council, and the ac- count was made unto them., and allowed by them, who faid there open- ly, his Majefty being prefent, that if this were put in execution, it would do well, and gave feme Attribute unto it. And Sir f^(7^/iC<>o/& juftified the fliewing and the approving of thefc Accounts at the Council Table ^ the Accounts confifted of long particu- lars of Souldiers to be levied, Mariners to be prefted, forwarding of Ships and provifions, and that nothing wanted but Money. He proceeded yet further, and ihewed, that he was fo Religious to guide thefe great Affairs by Council, as that at his journey into France, which fell out abodt this time, he dcfired his Majefly to recom- mend the bufinefs to a feled Council, which his Majefty did, who in his abfence took care of the fame. Objeft. 2. why did not his Maje^j declare the Enemy prefently upon grmti»gtho{e three Suftdies ? Anfrv, His Majefty confidered the State of C^r//?f«,!/i>w at that Sea- fon, and found it full of danger to declare the Ensmy for three Reafons : Firfl:, becaufe the great Enemy would be more prepared ; fecondly, -S/>4/« being the Enemy, our Merchants goods would be imbarged which are now drawing home -, thirdly, our Friends finding us fo long un- pre- 191 I Caroli. ipl Hijlorical CoUeBions, An 1625. prepared after our Declaration, would never believe any reality incur intentions. Ob)e(5l. 3. whether a cofifiderahle funt of money he yet required? Anffv. Forty thoufand pounds is yet neceflary, but our Mafter is ex- haufted, his Treafure anticipated,his Lands pawned, his Plate offered to be pawned, but not accepted, and yet his Majefty muft be maintained. Objedl, 4. why rv,ts not this rvant of Money fore feen, but now onely thought upon unexpectedly^ and dangerou(ly confidering the ficknefs ? Anfiv. It was foicfeen before, but interrupted by unfortunate acci- dents ; the death of the late King 5 the Funeral, which for decency could follow no fooner •, the Journey into France, and the Marriage, which pro- cured more delay then was expeded,but neceflary. At the opening of the Parliament his Majefty did declare this Necefli- ty, and told the Houfe plainly, that this fitting muft not be for Counfel, but Refolution •, and when he underftood the grant of two Subfidies, he conceived that money to be a matter of Cuftom to welcom him to the Crown. Objed,5. who gave counfel to his Male fly fofuddenly when the ftcknefs rv/ts fo dangerou(ly [fread^to convene this Parliamant ? Anfrv. His Majefty commanded him ('the Duke) to fay, that it was the bufinefs it felf that gave this counfel, and the neceflity of it, elfe his Majefty would not have hazarded the two Houfes nor the reft of the Kingdom, if he had been able any way without the Parliaments Supply to fet out the Navy. Obje(S. 6. Is not the time of the year too far [pent for the Navy to go forth ? Anfv. The King anfwered this formerly, better half the Navy perifti then the going thereof fhould be ftayed ^ it would argue fuch want of Counfel, Courage and Experience in the Defign, fuch beggerlinefs in be- ing not able to go through with it, that it may not be diverted, the feafen of the year fuiting with the Defign, as could be demonftrated, if the De- fign might not be publiilied thereby. Objed. 7. Whethey thofe Eight Ships lent to the French King, which were imployed agawjl the Rochellers, were not paid with the Suhfidy-money ? ^ Anfw. Thofe Eight Ships were imployed at the charge of the French King: Secondly, it isnotalway fit for Kings to give account of their Counfels •, judge the thing by the event. Objed. 8. whether the Duke, having heen our Servant to break the Match with Spain, made not a worfe Match with France , and upon harjher terms ? Anfw, I hope the contrary will appear by the Anfwer to your Petition, Obje(5l, 9. Bid not the Dukeferve us irt breaking the two Treaties with Spain, out of fpleen and malice to Conde Olivares ^ Anfw. There was no caufe to hate olivares, who was the means to make him happy •, for out of his hands came thofe papers by which the Duke gained the love of this Nation, which before thought not fo well of him -, he was not vindicative in his Nature; he can forgive thofe which had no fuch natural refpeft to their Country, as olivares had 5 neither doth the Duke love that any man fliould be an inftrument by ill means to do a good • Adion , as olivares intended to ferve his Mafter and Kingdom by indired means •, and he could make a proof, that he was not vindicanve , he can forgive one of our own Nation that B D con- Hijlorical Colle&ions. m concurred with olivares^ but he was miaded to leave that bufinefs afleep, which if it fliould awake, would prove a Lion to devour him, who (ashofaid) he meant one of our ''^ Nation, who cooperated with olivares. Objeift. I o. It mil he objc5ied,That hitherto the Duke fpeaketh ofimmcenfe charges, which the Kingdom is not able to bear ; a^s to ajsiji the King of Den- mark rvith Thirty thou fan J pounds per Moneth, Count Mansfield rvith Twenty thoftfand pounds per Moneth, the Low-Countries rvith Eight thoufand pounds per Monet hy and Two thoufand fix hundred pounds per Monet h for Ireland 1 Anfw. Make the King Chief of the War by a diverfion, and he will give a greater advantage to all his Allies, then by allowing of them Fifty thoufand pounds, nay, a Hundred thoufand pounds/'fr Moneth. What is it for his Allies to fcratch with t!ie King of Spain^ to take a Town to day, and lofe it to morrow "t for it is almoft impoffible to hope for a Con- «[ueft in this kinde, the King of Spain being fo able by Land ; but let B' the King our Soveraign be Mafter of the Wars elfewhere, and make a Diverfion, and let the Enemy be compelled to fpend his Money and Men in other places, and our Allies in thofe parts will be fuddenly and perceivedly ftrengthened and enabled •, and by this kinde of War you fend no Coyn out of the Land , you ifTue nothing but Beef, Mutton and Powder, and the Kingdom is not impoveriflied, but may make good Returns. Obje(ft. II. But where is the Emmy ? Anfw. Make the Fleet ready to go out, and the King bids you name the Enemy your felves -, put the Sword into his Majefties hands, and he will improve it to your honor, and the good of Religion 5 as you ifTue nothing that is lofs, fo you will bring home fomething that is gain, and henceforward maintain the War by the perquifites thereof 5 make but once an Entrance, it may afterwards be maintained with profit 5 when the Enemy is declared, you may have Letters of Mart, none iliall be denied : I have not been fo idle, but I fliall make Propofitions of D| advantage, whither your felves may go, and fiiali have the honey of the bufinefs. I Carolt. '^'The Earl Briflo!. of Augufi 9. 1625. After theCommons returned from the Houfe of Lords, they made Report of this Bufinefs unto the Houfe, which occafioned variety of Opi- nions : Some were for giving the King prefent Supply, who had made fo gracious an Anfwer to the Petition for Religion, and given diredion that the fame fliould be Lirolled,pre(fing further. That this Supply was not for the Kings own particular Wants, but for the Honor and Defence of the Kingdom,and that it might prove dangerous not to comply with the King in a modefl and juft defire. Others were of a contrary minde, and faid. It was requifite to prefent to his Majefly the means how he may live glorious at home, and how he may be feared abroad, by having his Defigns better mannaged, and an Enemy Declared : Then may fpursbeadded to the Sea-horfe, and the Kingof i'/^rfiwinfeflcdataleirercharge, and we better fecured from Pa- pifls at home, whofe hearts are knit with the Spaniard, ami whofe Eflates may liberally contribute to the War-,and the great Sums given for Honors and Offices, would go far in fetting forth a Fleet at Sea, and the Subje*^ not be always importunedfor Supply. But the further Debate of this Bufi- nefs was put off till the n^xt day being Wednesday the Tenth oi Augufi, Ce Xfie The Dnkes Relation ac- cafioncd va- riety of Opi- nions in Par- liament. m Hifiorical CoUeBtons. An. 1625. The Kings MefTage to the Commons. Debates upon the Kings MefTage. The Com- mons Decla- ration. The next day the King fends a Meflfage to the Commons, wherein he \ takes notice, that the Houfe intended to enter into Confiderationof di- 1 vers heads concerning the King and the Common-wealth, that he was pleafed with their good intentions, but defired them to confider his Af- fairs, which require a fpeedy difpatch -, the feafon of the year was far fpent, yet the thne not unfeafonable for the Defign-, that if the Plague ihould happen in the Navy, the Aftion would be loft •, that if any of the Houfe {hould be touched with the (icknefs, much inconvenience would en- fueby an abrupt breaking up-, therefore defires aprefent Anfwer about Supply; if not, he will take more care of the Commons then they will of themfelves, and will make as good a fhift for himfelf, as he can, to go through with this prefent occafion, and offereth that the Parliament Ihtll ' meet again in Winter, at what time they pleafe, upon his Royal word, and hold together till they have perfedted all things tor the good of the Common-wealth and the King, which are now m conception •, and defires them toconfideritwas the fir ft Requeft that ever he made unto them. Hereupon fome earneftly preffed the giving of two Subfidies,and two Fifteens, his Majefties honor, and the NecefTity of his Aftairs requiring it, as it appeared oat of Confiderations already frequently reprefented. Others replied, that iVec^-Z/Vj is a dangerous Counfellor, and is a con- tinual Argument of Supplies in all Parliaments ; that thofe Counfellors who have put the King and Kingdom into fuch a NecefTity and hazard, ou^^ht to anfwer for it, whofoever they be t, that if the State of things will not admit a Redrefs of Grievances, iurely there is not fo much necef- fity for money; to give Subfidy upon Subfidy in one Parliament is not ufnal ; in the Eighteenth year of Henry the third, there was one puniflied forprefiingofmoreSubfidies, when Subfidies had been granted before in that Parliament. In the end it was propofed, fhata Report be made to the King, that they have regard to his Honor, Neceffity and Safety, and the fatecy of the Kingdom, and that they will afllft his Majefty in any honorable Aftion, grounded upon found Councils -, and that fomething be drawn up in writing to that purpofe -, accordingly the Houfe agreed upon a fliort Declaration, which w^s aflented unto without a Negative. We t&c IKnisIjtfi! £itt?cn0 ant) 'ButgeiTeg of tlje Commonjsf Cpcufeof parUament, 'jcingtDtEcp^cfcmatiteboDpof tbe tuliolc (2i:ommon0 of tijijs Elralm, abunDantlp comfo^teD tn Ijt!8 99ajcaie0latcgractou0 3nftocr touching Eeligion, anO Dus^tt- fagc f 0? tt)c rare of cur (jcaltb, Do ©olemnlp p^otcfl anD tioto before ©ot) anD tl}( tno?lD, mt\) one Ijcart anD boitc, tht toe arc all rcfolbeD, anD Doljerebptjetlare, t^at toe txiiUetjrr continue mott lo^al anD obeDicnt ©ubiettj3 to our mod gracioujs @ot)eraign ILo?D IStng Charles ; anD iW txie toill ht reaDp in contjcntent time, anD in a parliamentarp toap free^ IpanDDutifullptoDoourutmoOcnDeat)o?0, toDifcot)cranD refo?m t\)e gijufejs anD (S5?iet)ancefi(of t\)t Eealm anD ©rate, anD tn \iU fo?t to af- fojDallneceffarp^upplptobi^mott €jiceUcnta3ajeQp, upon \)i&m' fent, anD all otijer I)i0 uifi ©craGonjs anD SDefigns •, moa Dumblp be- Ccecbtng our faJD Bear anD jD^eaD Sobcraign m \)i^ ^?incelp toif aom anD gooDnefg, to rctt acfurcD of tbc true anD beartp affections of i)i& ! poo? Commons, anD to ctteem t\)t fame to be (si& tne conce ibe tt is in- 1 DeeD) tbc arcatctt too^lDlp reputation anD fecuritp tbat a juQ l^'im can babe : Hijlorical CoUeHions; ipi D Ijabt^ anil ro accompt all fuel) 30 CanDerer^ of tlje peoples afFtctions.anD Cnemi>0 to t\)t (!!:ommon=iBjcaUD;tt)atl|jall Dare to fa|»tl)e contrarp. I CdroU: B This Declaration was fent to the King by fuch of the Privy.Council as were Members of the Houfe. Notwithftanding, the King perceiving the Houfe refolved againft The parii; Supply, without Redrefs of Grievances, and in their Debates to refledl , ^^^^ ''if- upon fome great Perfons near unto him •, the 12th of Ju^ujl fent to the '°'^'^'*" Houfe of Peers a Commiflion, direiled to feveral Lords, for theDiffo- lutionof the Parliaraent •, whereupon the Gendeman-Uflier was com- manded to fignifie to the Speaker of the Houfe of Commons, that the Lords had received his MajeftiesCommifTion, which was read unto both Houfes •, whereupon the (^ommons with their Speaker went up prefently to the Lords, heard the CommifTion read, and the Parliament declared to be diflblved. At this Parliament begun andholden by Proroga- tion at IFeflminfler the i8th day o£ fune. Anno '^gts Caroli Trimo, i6i^. thefe Adts were pafTed . I. A N Aft for the punifhing of divers Abufes committed on the /~\ Lords-Day, commonly called Sunday, '*■'*' 2 . An Ad to enable the King to make Leafes of Lands, par- cel of the Dutchy of Comrval. 3. An Act for the eafe of obtaining Licenfes of Alienation, and in the pleading of Alienations with licence, or of Pardons of Alienations with- out licence in the Court of Exchequer or elfewhere. 4. An A(fl to reftrain Tiplin^ in Inns and Ale-houfes. 5. An Aft for the SubfiJy of the Clergy. 6. An Aft for the two Subfidies of the Temporalty. 7. An Aft that this Seflion of Parliament fliall not determine by his Majefties adent to this and fome other Afts. 8. An Aft to confirm an Agreement between the King and the Copy- holders of Macclesfield^ in Com. Ccflr. &c. 9. An Aft for the fettlement of an Agreement of the Tenants of Chehenham, and jpi^y, dias charkton^ between the King and Sir Giles Grival Knight. « The Parliament being diffolved, the King followed his DeHgn of War, and refolved that the tleetfliould fpeedily put out to Sea ^ heal- fo entered into a League with the United-Provinces^ againft the Emperor and King o\ Spain^ for reftoring the Liberties of Germany •, the States by their Ambaffadors fought this Union, and the Duke of Buckingham^ with the Earl oi Holland were fent to the Hague to conclude the fame, as alfo to comfort the Kings diftreflfed Sifter with hopes of a Reftitution. Soon after his Majefty iflfued forth a Proclamation, whereby he commanded the return, within limicted lime, of all fuch children of Noblemen, and others his natural Subjefts , who were now breeding up in Schools and Seminaries, and other houfes of the PopilTi Religion be- yond the Seas : That tlieir Parents, Tutors, and Governors take pre- Cfnr rwApr tc\ rpnl rli(3i-n 1i^myii=> inri tr\ r<\T\\T\ic that ''■"^^' i'«riii-i-i Ui» fent order to recal them home and to provii! Cc 2 they return by the The King fol- lows his De- fign of War. The Kings Proclamati- on to rcral iiome chil- dren of Re- cufants. ip6 An. iSi"). Hiftorical CoUeBtons, The Kings Letter to the Lieutenants for the Loan of Money up- on Privy- Seals. the day prefixt, attheutmoft feverity of his Majefties Juftice-, and he cemmanded farther, That no Bilhop, Prieft, or any other perfen having taken Orders under any Authority derived from the Sea of Rome^ do pre- fume to confer Ecclefiaftical Orders, or exercife Ecclefiaftical Fun>5ti- on or Jurifdiftion towards any of his natural Subjeds in any of his Dominions -, and that all Statutes in force be put in due execution againft Jefuites, Seminaries, and others in Popifli Orders, prefixing a day for their departure out of his Dominions, not to return again upon the fevered penalties of the Law. In the time of the late King, very many of the natural Subjeds of thefe Dominions had by publick permiflion betaken themfelves to the fervice of the Emperor, the King of Sfain^ and Archdutchefs of the Lerv-Coimtries , and by this means they fought againtt others of their Country-men that were imployed by the States of the United-Pro- vinces^ and on the behalf of the exiled Palatine : But now the King forefeeing how improper and unnatural it were, that his own natural Subjects Hiould upon any occafion or accident draw their fwords one againft the other, or any of them againft their own Soveraign, did by advice of his Privy-Council ftraitly ' command all thofe his Subje(5ts who were under the pay of the Emperor, the King oS Spain or Arch- dutchefs, fpeedily to return to their Native Countries, where chey ftiould be received and imployed, as occafion ferved, accordmgto their feveral qualities. The diflblution of the Parliament preventing the Adl of Subfidies, the King drew Supplies from the people by borrowing of perfons able to lend, fuch competent fums of money as might difcharge the prefent oc- cafions-, accordingly he diredfed Letters of the foUovvmg Tenor to the Lords-Lieutenants of the Counties. B Right Trufty and Welbeloved, (See. I T hath been \o ufual a thing for K trigs and Princes of this Realm to make ufc of their Stib\eBs good affeBions, by borrowing [ome fuch competent Sums of Money of Perfons able to lend, as might fupply thofe prejcnt oc- cafions for Publick Service, which cannot attend that length of time wherein it canbcraifcd bj contribution by the generality of our SujeBs : As we have not oncly prefent occafion to make the like Trial, by borrowing from fome pri- Xiate Gentlemen and others, but alfo of your fincerity and endeavors m further- ance of thefervtce -, that is to fay, in taking fome courfe either out of your own knowledg and experience, or by any other Means or Inflruments which you like heft, to make CoUcBion of as many Perfons Names within the County wherei » you are Lieutenant, as may be of ability tofurni(b tu with feveral Sums at this time •, and therefore to return in a Book, both the Names of the Perfons, their Dwellings, and what Sums you think they may fpare i, that we may thereupon dircB our Privy-Seals unto them, according to the form of this inclofed. And foryour further infiruction in this Cafe, onwhofe Trufl we dofo much repofe,wc wijh you to advije herein with your Deputy Litutenant, as thofe from whom we have fpecial catife to promifeourjelves all good offices of duty and affc£lion : To which we mufi add thus much further. That we do not in- tend at this time to deal with any Nobleman ; neither are you to deal with any of the Clergy •, becaufe we have referved that DirtSfion to the Me- tropolitans of the feveral Provinces , to proceed oncly with fome fpecial Perfons D Hislorical CoileBions. 1^7 B D Privy-Seals iffued forth to certain Perfons. persons th.it are known to he men of wealth andahility, and not nieerly [tthftfi- i Caroli. inoUJ muclj tticp are offenDeD twitlj ttie gracious fadsfaction gibcn bp ti0 .f^aieCfp to rOe lo?l)g; anD Ccmmons in parliament m iDc pointjs concerning tt)c Ccnferijation of true ll^cligion, as it \& at ttji0 Dap bp Sutbo^itp p?eacUeD in cbe (SUurcb of England ^ ^hd Ijabing juo cauCc toDcu'ot, fbat man? Violent ?5apiff0, tlj^ougbtUe intligation efilefu- iteD ^B^ieQs, map be mclincD to tafee part tjjitb fucb as trie tuell unDer^ OanD at tbi0 tjme p?attife toitb tbe IKings ©ubiccts toraife airs anD tumults, tobicbtbep Do not onlp foment bp perftxtaiions anD inOigati' ons, but tuttb p?omiXe of afaaance anD feconDing tbem Uiitb 9rms, tbeir p?etevt being Sleligtcn , but ibeir enDs dTonQueO, puRjeD tbereunto bp an unlimiteD ^mbttu n to a ©cneral ^onarcbp, of tobicO toe bate tCD large anD tleax p?CDf : 9nD altbougb tt»e Do not misjuDge anD cciv Demn all bis s^aieflies ©ubietts EomiOi Catliolicf^s, but beliebe tbat manp of tOem toill implop tbcir 9rms anD liUes m \^\^ ferbice^ ^et bccaufe toe are net able to DinmguiCf) bctiooitn tbe ttell anD tuo?fe^ arctteD, caie Datie CeccnDeD toitlj one HlDbice bis ^aieaies ^^incelp inclination, foUoUiing tbe example of bis tnife 4d?eDeceCfo?s cf bappp memo?p anD go\3ernment, to tafec out of tbe poffeffion of alliaomi^ Eccufants ccnlJiaeD c? jufilp fufpeaeD, acto?Ding to tbe 3fas of State bcrefofo?e ejrp?e£rcD, all futb partial ^ammunitions, 9rms anD QHea^ pons as Ojall be founb in tbeir boufes, o? DifcobcreD to be m tbe boufes of anp otber perfons belonging bp rigbt to anp of tbe faiD KomiQ) Ee- cufants •, Xut fo tbat tbe faiD ?[;rms be enlp talien to be fafelp feept, anD tbe P^opertp to be referoeD to tbe €)tBners, acco^Ding to tbe former ^^eaDcnts m lil^e Cafes* This Defign proceeded, and the Council direded their Letters to thefe Lords Recufants, viz. The Marquis o'i Wmchcfler and the Lord St.^ohn his fon, Lord Vifcount Mountague, Lord Vifcount Colchefier, Lord Peter, the Earl of Caftlehaven, Lord MorUy, Lord Faux, Lord Eures, Lord Arundel of Warder, Lord Tenham, Lord Herbert, Lord fVindfor •, requiring them to render their Arms and Furniture thereunto belong- ing , together with all their Habiliments of War, to be removed into places convenient , and to remain there till the King (hall determine othcrwife. Moreover the Privy-Council having received information from the Lords- Lieutenants in divers parts of the Kingdom, That there was great and unaccuftomed Refort to the houfes of Papifts, and that other Courfes juftly to be fufpeAed were held among them, Authorifed the Lords- Lieutenants to examine the truth and reafon of fuch Aflemblies and En- tertainment, and of the conveyance and intercourfe of Letters -, as alfo to enquire and fearch if there were any preparation of Men or Arm?, or Pradice of Arras, or endeavors of Alteration among perfons difcontented with the prefent Government. - In the mean time the Fleet was ready, and Ten brave Regiments were defigned for this Expedition. The Duke not going in perfon. Sir Edmrd Cecil was created Lord Vifcount Wimbleton, and made Commander in Chief. In HiBorica! CoUeBions. B D In tlve Choice of the Officers for this fervice, Sir Rohert Man [el an experienced Sea-Commander was negleded, which much difgufted the Mariners. Tiie Common Cenfure that pad'ed both upon the Duke and this Enterprife, may be known by the Lord Cromwcls free language to the Duke in this Letter. 1 Caroli. T 7/fy ojfer to lay wagers, the Fleet goes not this year •, Afid that of' ne- ^"""'^ ^'''""- cefity (hortly a Parliament mtifl he, which when it comes, fare it will J^die^Ouk'^ tiie much dt [content you. It is wondred atx that [ince the King did give fuch touching great Gifts to the Duchef of Chevereux, and thofe that then went ^ how now \ ^^^"■ a [mall Sum in the Parliament jhotild be called for at fuch an unfeafonable time • y^nd let the Parliament fit when it will , begin they will where they ended. They fay, the Lords of the Council knew nothing of Count Mansfield's journey, or this Fleet •, which difcontents even the heft fort, if not all. They [ay, it is a very great burden your Grace takes upon you, ftnce none knows any thin^^ hut yeu : It is conceivedfthatnot letting others bear part of the burden yon now bear, it may ruine you, (which Heaven forbid.) Much difcourfe there is of your Lordflnp here and there, us i faffed home and back ; And nothin'r is more wondred at, then that one Grave man is not known to have your car, except my ^oodand Noble Lord Conway. JH men fay, if you go not with the Fleet, you will fufer in it : becaufe if it Profper, it will be thought no aB of yours • and if it {ucceedill, they fay it might have been better, had not you guided the King. They fay, your undertakings in the Kingdom will much prejudice your GrAce : And if God blef you not with goodnef as to accept kindly what in duty and love I here offer, queflionlef my freedom in letting you know the difcourfe of the world, may much prejudice me. But if I mufl lofe your favor, I had rather lofe it for ftriving to do you good in letting yeu know the talk of the wicked world, then for any thing elfe •, (o mnch I heartily deftre your profperity, and to fee you trample the ignorant multitude under foot. All I have [aid is the Difourfe of the World -^ and when I am able to judge of Actions, I will freely tell your Lord- Jhip my mind: Which when it (hall not always incline to ferve yon, may all Noble thoughts forfake me. But whilft the Englifh Fleet was preparing for this Voyage, great Re- ports were given out,that the Spaniard would land Forces upon the Coaft of Effex. Wherefore the Earl of Warwick was commanded with Three thoufand of the Trained Bands of Efjex to fecure the Port o{ Harwich, and Langer-Point i which fervice he performed with much readinefs : But upon the Blocking up of Dunkirk with Ships belonging to the EngltfJ) and to the States of the United Provinces^ his Lordfliip was ordered to dif- mifs his men. Prefently after, Advertifementscame to the Council, That both the Englidi and Dutch Ships defigned to block up Dunkirk, whilft our Fleet was gone to Spain, vvere difperi'ed by a fudden ftorm •, and that Two and twenty Ships of Dunkirk, Men of War, having Four thoufand Land- ! foldiers,were at liberty to rove up and down and do mifchief at Sea. Here- upon the Council by their Letters to the Lords Lieutenants of the Coun- ties upon the Seacoafts, required that .the Trained- Bands be in readinefs with compleat Armor and other Furniture, to march upon all Alarms to what place foever the neceflary defence thereof Iball require. Alfo upon intelligence, thatthefe f wo and twenty I>«»^//'^fri intended to land their Four thouUnd men in Ireland, in cale their defign failed as to England; Letters The Earl of Wmwicli fe- cures Langer- Po'tnt ill E^tx. Englift and Dutch Fleet before Dun- (^'Vt'iirpcrfcd by aftoiiB. 200 An. 162'), The General examined before the Council. Hiflorical CoUeBions» Letters were expedited to the Lord Deputy of Ireland to guard thofe Sea- coafts -, for that it were alike mifchievous, if they fliould land in either Kingdom. In the beginning of oBober, the Fleet confifting of Eighty Ships great and fmall, the Jnne-Royal a Ship of Twelve hundred Tun being Admiral, put forth from Plimotith for the Coafts of Sfairi, with thefe Regiments aboard the Fleet, according as we find it mentioned in an old Lift, viz,. The Soldiers commanded not to difband The Duke of Buckingham's, The Lord Wimhletons, Sir William St.Legers (Serjeant- Major-General) and Colonel Btinottgh's Regiments were (hipped in the Admirals Squadron, which carried 2093 Seamen , and 4032 Land- foldiers. The Lord Valentias Regiment, TheEarlof ^jJ'fArV, and Colonel Harmod's • — \Vere fliipped in the Vice- Admirals Squadrcji, carrying 1765 Seamen , and 3008 Land-fold iers. The Earl of E(fex was Vice- Admiral, and commanded this Squadron. S'iicharls Rich his Regiment, Sir Edward Conrvafs, and Colonel Regiments were fhipped in the Rear- Admirals Squadron, carrying 1833 Mariners,25>98 Soldiers^ B The Fleet, after four days fail, was encountred with a furious ftorm, which fo diflipated the Ships, that of Fourfcore no lefs then Fifty were miffing for feven days. Afterwards they all came together upon the Coafts of 5'/>^;«,where they found a Conqueft ready, the Spani(h Shipping in the Bay of Cadez, the taking whereof was granted feafible and eafie, and would have fatisfied the Voyage both' in point of honor and profit: This was either neglected, or attempted prepofteroufly. Then the Army landed, and Siv ^ohn Burroughs took a Fort from the Spaniard -, but the Soldiers finding good ftore of Spanifh Wines, abufed themfelves, and hazarded the ruine of all, ( had the Enemy known in what condition they were) notwithftanding all Commands to the contrary. So they were prefently ftiipp'd again ^ and the General putting to Sea, intended to wait about Twenty days for the Plate- Fldct, which was daily expefted from the Weft- Indies : But the evil condition of his Men,by reafon of a general Contagion, enforced him to abandon the hopes of this great Prize. So the Englifli -having effe(Sled nothing , returned home with diflionor in November following. It gave no fmall occafion of clamor. That a Fleet fo well provided and manned fhould land their men in an Enemies Country, and return without fome honorable AiSion. But where the fault lay," hath not been yet adjudged ^ neither was any ever punifhed for failing in that duty. The General for fome time was not admitted into the Kings prcfence, and fome of the Colonels of his Army accufed him, and fome Seamen ag- gravated the Accufation : The General was examined before the Council, and laid the fault on others in the Fleet, who let the King oi Spain's Ships pafs without fighting them according to Order ; They on the other hand faid,they had no Order from their General to fight. Thus was there fend- ing and proving, which contributed little to falve the diflionor which the Nation fuftamed by this unprofitable and ill-managed Defign. Upon the Fleets return to Plimouth in December, and Confideration of the prefent ufe of the Soldiers therein imployed, a Proclamation iffued forth D Hijlorical CoileHions. 101 B forth to command that no Soldiers of the Fleet fliould depart from their Colours, or be difcharged of their Service, till the King lliall fignifie his pleafure, how and when he will ufe their further Service. So the Forces that returned from Cades were kept on foot, and difperfed mto feveral parts of the Kingdom. There was alfo a ftrid Commandment , That no Subje(5l of this Realm of England fliall have intercourfe of Trade with any of the Domi- nions of the King of 5/'4/», or the Arch-Dutches of /'/W^w, upon pain of Confifcation both of Ships and Goads that fliall be found upon Voy- age of Trade into any of the faid Dominions. Moreover, in regard of tJie Subjeds apparent danger, and the encouragement of tlie Enemies of this State, by putting Ships to Sea , being weakly manned and ill furnilh- ed, the King ordained that none fliould fet forth any Ship or Pinnace of the burthen of Threefcore Tuns or upwards, unlefs they furnifli the fame with ferviceable Muskets and Bandaliers, fufficient for the arming of half the number of perfons that fail therein , together with a quantity of Ammunition anfwerable to the length of their intended Voyage. Furthermore , fer the inftruding and exercifing of the Trained- Bands, as well Officers as Soldiers, by men experienced in Military Exer- cifes, The King gave Commandment, that divers Low-Countrey Soldi- ers fliould be aifigned to the fevenl Counties, and that the Trained-Bands fliould be ready at the times appointed,for their Direftion in their Poftures and ufe of Arms, The Plague ftill continumg in London and IViflminftert and the places near adjoyning , the King to prevent a general infe<5lion, had adjourned a part of Michaelmas Term from the Utas thereof, to the Fourth Return, and afterwards to the Fifth , and then the relidue ©f the Term from the City of We[lmin(lcr-^ as alfo the Receipt of the Revenue from Richmond to the Town of Reading in Berkjinre. In which Term, a CommilTion iflued forth under the Great Seal, for executing the Laws againft Recu- fants, according to the Petition of the late Parliament, which was read in all the Courts of Judicature 2,1 Reading: Which Commilfion, toge- ther with Pricking of Sir Edward Cock, and certain other Gentlemen, Sheriffs, who had appeared the laft Parliament againft the Duke, and being Sheriffs, could not be chofen Parliament-men, gave occafion of difcourfe, and hopes of a new Parliament. At Ham f ton Court \\\ December ^o\\o\Y'\n^y this enfuing Order was made. Wl^ma^ f our 3ivtirtc0 rcincernmg tljc^atbufctJtobctalien bp tOe l)igD@Ipcriff0 of Counties, tocre tlji0 Dap p^cfcntcD unto t(JC OSoarD , unto tUlllitU Klrtltlc0 %k Edward Cook iL>nig(jr, at tIji-5 p^efcnt ^iglj SDcnff of tbc Count? of Bucks, DiD up^ on tenDcc of tlje ©atO unto Ijun, tafec Cjcteptions, anD Cent D10 €p rcptinn0 nnDt(?c iSlcaf one t^ci'cof tn to?itmg to ©r.Attorny General, IjjUo l)p Divcaion of tUe 'BoaiD, DiD attcnD all tbc 3Iui)8cj3 of England, to ccreiUc tljcir aUDbicc tljctcupon ^ ant) tbc fatD SuDgcs t;atiing aDDifcD tljerrof, OiD toitlj one unanimous conCcntEefolUc anD fo IlXepo?t totOc Lord Keeper, cUat tticp founO no caufe to alter tlje fain ©atD, but onrlp m one of tlJcfatD3i«tclc0t)crraftcrmcntioncD» 3Itistl;cmip3n ____„ ^'^ tbis t CaroU- Trade pto- hibited with Spam. Trained Bands exercifed. Part of Mi- chachnasTeim adjourned. The Term ar R-Cading. Hopes of a I'arliamenr. Sir Edward Coot High Sheriff, his ex- ceptions ro rhe Sheriffs Oath. 20X Hi^Orical Collecltons, An. 1625;. 1 The Seal taken from Bifhoplf;//- ams, feque- llred former- ly, and given to Sir Thomas Coventry. A Parliament Summoned. Rccufants to be Excom- municattd. The King rc- folved to leave Mr. Montague to the Parlia- ment. tljtsiDap ©?DcrcD bp ttjeir lo?D(|jip0, acco?Dtngtorfjeimantmoa)C!3D' t)tte of all xit 3[uDge0 of England, anD W v^aicQic^ picafurc Qgni&eD tIDerem, Ctiat tUc jFirS Article p^opounDcD , viz. [You ihall do all your pain and diligence to deftroy and make to ceafe, all manner of Here- fies and Errors, commonly called Lollaries, within in your Bayliwick from time to time, to all your power, and alTift and be helping to all Ordinaries and CommifTioners of the Holy Church, and favor and maintain them as oftentimes as you (hall be required] Ojall bclcft Ollt in t\)Z ©at^tol)? giben to @ir Edward Cook, anD fljall cbc r Ijereaftrr be left out m all 2Dati)0tobeg;tt)en totDe i^igb ©benfffit of Counties berrafter. 9nD tfjeic to?i)tl)tpfii Do lifeettiife ©?Der, acto?titng totbe unanimous 3D bice of all tbe 3IuDge0 of England , Cbat tbe otbcc tb^fc articles DoubteD of, Q)all QanD m tbe faiDSDatb tobeminiOreDfotbefaiD^ic Edward Cook, anD to all otbec 11?igb Sberisrs, as beretofo?e batb bnrn accuaomeD-, anD tbat tbe Lord Keeper Do sibeo?DertofucbC>f&cers anD ^lerfes m tbe Court of Chancery, totobom it apptrtaineD, to mafee cut tbe ©atb fo? tbe time to come acco^Dina to p^efent SDiDcr. Theexpe(5tationof aParliament, gave encourcigement to the Bifliop of Lincoln (who'yetretaine:! the name of Lord Keeper, notwithftj.nding his Sequeftration feveral moneths before from the prelence of the King, the Council Table, and the cuftody of the Seal) to make an Addrefs to his Majefty for a favorable interpretation of his ailions : But his carriage towards the Duke at the Parliament at oxford was frefli in memory, where the Bilhop told the Duke in chrift-Chitrch, upon the Dukes re- buking him, for fiding againft him, That he was engaged with William Earl of Pembroke, to labor the Redrefs of the Peoples Grievances, and w^as refolved to ftand upon his own Legs. If that be your refolution (faid the Duke) Look you ftand faft, and (0 they parted 5 and fhortly after that he was fequeftred, though the Seal was not difpofed from him till the Thirtieth of October 5 at which time it was given to Sir Thomai Coventry ziH am fton-Qomi, who was that day fworn of the Privy Council, and fate there and fealed forae Writs, and afterwards came to the Terra at Reading, and fate there as Lord Keeper and heard Caufes. The King being prefTcd with his own Neceflities, and the Cry of the Nation againft the Fruitlefs Voyage of Cadi\, fummoned a Parlia- ment to meet in Fehntaty -, and before the time ot meeting, his Majefty enjoyned the Archbifhops and Bidiops in both Provinces, to proceed againft Popilli Recufants by Excommunication , and other Cenfures of I theChurch, and not to omit any lawful meansof bringing them to Pub- lick Juftice; efpecially he recommended to their vigilant care, the un- masking and repiefling of thofe who were not profefted Papifts, yet dif- affeded to the true Religion, and kept clofe their evil and dangerous af- fedion, and by fecret means and flights, did encourage and advance the growth of Popery. This Command was feconded by a Proclamation, requiring. That allConvided Papifts fliould according to the Laws of this Realm, re- main confined to their dwelling places, or within five miles thereof, un- lefs upon fpecial Licences firft obtained in Cafes neceflary. Immediately before the Parliament, Bifbop XdOis/ procured the Duke of Buckingham to found the King concerning the Caufe , Books, and Tenets of Mr. Richard Montague -, and underftanding by what the Duke colle ded, - - — -— . ■ - I i — -— -■' — ■-■ t \ I ■■■■!■! hm*a i^m arf — -m " — • ■>-^^— A- HMorical CoUeBions, Z05 B D colkaed. That the King had determined within himfelf to leave him to a Tryal in Parliament, he faid, /feemtefecaCloud anfiffg Andthreatning the church of England, Cedfor his Mercy dif/patc it. About the fame time, the King declared his purpofe to celebrate the Solemnity of his Coronation on Candlcm^-diy at the Palace of vvelt- mt»(ier y and required all perfons, who by reafon of their Offices and Tenures, were bound to perform any Duties at the Solemnitie, to give their attendance , and to be furniflied in all refpecfls anfwerable to an adion of fo high State according to their places and dignities. Where- fore by aCommiffion under the Great Seal of £^1^/4/;^, Sir Thomas Co- ventry Lord Keeper ot the Great Seal, ^4mes Lord Say High Treafurer of England, Edtvard Earl of Worcester Keeper of the Pnvy Seal, Thomai Earl of Artmdel and Surrc'j Earl Marflial of England, Willutm Earl of Pfw^rfli'tf Lord High Chamberlain, Edtvard Eix\oi Dorfet, andSirJ?4»- del Cretv Cheif Juftice of the Common Picas, were auchonled to leceive and determine the Claims exhibited by any Perfon concerning Services to be performed at the approaching Coronation. And the more to credit the Solemnity, the King refolving to make certain of his servants and other Subjeds, in regard ot their Birth, good Service, and other Qualities, Knights of the Bath, AurhorifeJ Thomai Earl of Arundel and Surrey, and Earl Marflial ot England, William Earl of Pembroke Lord Chamberlain, to perform in his Majefties Name and behalf, all the Rites and Ceremonies belonging thereto. At the fame time Writs were direded to all Sheriffs in the Realm of England, and Dominions of Wales, commandmg them to make Procla- mation, That all fuch as had Forty pounds a year or more, of Lands or Revenues in their own hands, or the hands of Feoffees, for their ufe for thefpaceof Three years, and are not yet Knights, do at their perils pre- pare to prefent themfelves in his Majeflies Prefence by the One and thir- tieth of January, to receive the Order of Knighthood. Llpon the afl'waging of the great Peff ilence, through the Mercy and Goodnefs of God in withdrawing and almofl removing the Scourge, the King by His Royal Authority , ordained a Publick and General Thankfgiving to be celebrated upon the Nine and twentieth of January, being the Lords day, in the Cities of London :ind Wesiminlfer, and the places adjacent -, and on the Nineteenth oi^ February in all other places of the Kingdom ; the manner and form whereof, was prefcribed by a Book compofed by the Billiops according to his Majeflies fpecial Di- redion. The Contagion ceafing, the reflraint enjoyned to the Citizens of London from reforting to Fairs for a time, was taken cff. The number of thofe that died this year within and without the Walls of the City of London , and in the Liberties and Nine out Pariflies, from the Sixteenth of December 24. to thf Fifteenth of December 25. Was in Total Fifty four thoufand two hundred fixty and five, whereof of the Plague Thirty five thoufand four hundred and feventeen. On Candlcmas-da.y King charls was Crowned 5 Bitliop Laud had the cheif hand in compiling the Form of the Coronation, and had the honor to perform this Solemnity, inflead of the late Lord Keeper Williams, who (through the Kings disfavor) was fequeflred from this Service, which be- longed to his place as he was Dean of Weflminfter, Mr. ^-ohn Cofens (as Mafter of the Ecclefiaftical Ceremonies ) kneeled behinde the Bitliop Dd i . when I Careli. Frfparntions for rlie Kings Coronacion. AProdimati- onfor all that have Forty pound per an- num to come and receive the Order of Knighthood. A Thankfgi- ving for the Plagues ceafing. Number of thofe who Jicd of tlic Plague. The Ccrcmo- ■ nics at the Kings Coro- nation. zo^. Hiflorical CoUeBions. An. 1625. when the Prayers were read, and diredled the Quire whea to anfwer. The Ceremony in going to, and all the Coronation, was briefly thus. THe King went that day from Weflminfter-Hall to the Abbey Church, attended by the Aldermen of London, Eighty Knights of the Bath in their Robes, the Kings Serjeants at Law, Solicitor and Attorney Gene- rals, the Judges, Barons, Birtiops, Vifcounts, and fach of the Earls (who bore no particular Office that day) in their Parliament Robes, going two by two before the King all uncovered 5 and after them followed his Officers of State (being Eight Earls and one Marquefs) thofe perfons according to their refpedive places and offices carried the Swords, the Globe,the Scep- ter, the Crown -, and the Lord Major oi London cirriee befeech You to Pardon,a»dto Grant,andto Preferve unto w, andto the churches committed to Tour Charge, aU Canonical Privi- ledges. Hifioricai CoUeBions. Zb5 B D ledges, and do Law and ^uftice -^ and that ToamitldProteff and Defend tu^ % Cdreti as ever J good King to His Kingdoms ought to be Protector and Defender of the Bijhops, and the Churches under their Government. The King anfvvereth. With a willing and devout Heart I promife, and grant my Pardon ; and that I will preferve and maintain foyoa, and the Churches commit- ted to. your Charge, all Canonical Priviledges, and due Law and Juftice 5 and that I will be your Protestor and Defender to my Power, by the afliftance of God, as every good King in his Kingdom in right ought to proted and defend the Bilhops and Churches under their Government, Then the King arofe and was lead to the Communion Table,where he takes a Solemn Oath in fight of all the People, to obferve all thePremiffes, and laying his hand upon the Bible, faid, The things which I have here promifed, I {hall perform and keep. So help me God, andthe^ Contents of this Book. After the Oath, the King was placed in the Chair of Coronation, and was Anointed by the Archbifliop withacoftlyOmtraent, and the Antient Robes of King £7, " Luminare minus ttt (ubdatiir itrbi & domimttir per totum orbem : A great " flattery, and a bold and impudent elufion. But I truft, as God hath put " it into the heart of your blefled Father, by that matchlefs Book of his " written to all Chriftian Monarchs and Princes, ( a Work by which he " raifed a Monument to himfelf more lading then Marble ) to denounce " War to that Adverfary of God and Kings, the Pope ; fo he hath fet " your facrcd Majefty upon the Throne of your Father, to do as many " things worthy to be written, as he had written things worthy to be read : "amongft them,to reftrain that unlimited pride and boundlefs ambition of " Spain,to reduce it to their proper current & channel^ who under the title " of Catholick King, makes his pretence to more Countries and Kingdoms " then his own •, and by color of difguifed Treaties he invades the Pak- " tinate, and difpoflefleth that Incomparable Lady your Royal Sifter, and " the Children of this Kingdom, of their right and their antient Patri- " mony and Inheritance, to the difcomfort and diihonor of this great "and glorious Nation. God in his mercy foon repair this breach by your "Royal head; and I affure my felf, the hearts, the hands, andthepurfes '' of all good Subjeds will foy Awen. " But I may weary your Majefty, and lofe my felf, and forget for " whom I am a Speaker. Cuftom gives me the priviledge as an humble " Suitor on the behalf of the Houfe, to prefent their few Petitions unto " your Majefty. T. " The firft. That for onr better attending this Publick and im- *' portant fervice, our felves and our neceflary Attendants may with your " Majefties tender allowance be free both in our perfons and goods from " Arrefts and troubles, according to our antient Priviledges. z. " The next •, That fince for the preparing and drawing to con- " clufion fuch Propofitions as lliall be handled in the Houfe, Debate and " Difpute willbe necefrary,and by variety of opinions Truth is oftentimes " beft difcerned,your Majefty will likewife according to your antient ufage " and priviledge vouchfate us liberty and freedom of fpeech, from which " I alTure my felf duty and loyalty to your Majefty will never be fevered. 3. "That when occafions of moment ihall require, your Majefty " upon our humble fuit, and at fuch times as may beft fort with your oc- " cafions, will vouchfafe us accefs to your Royal perfon. _ 4. "That B D Historical CoUeUions. B Dl 4. " That the Proceedings of the Houfe may receive a favorable Interpretation at your gracious hands , and be free from mifcon- '^- ftrudlions. (C The Houfes began their work with rendring thanks to the King for his gracious Anfwer to their late Petition foi^Rchgion. An Ad was tendred and !ead,Toadminifteran Oath for tlie rendrin^* a true Accompt of all General and Publick Taxes,Ratesand Collections. Another againft Scandalous Mmilfers. It was moved, fome Provifion might be made againft Scandalous Livings, as well as againft Scandalous Minifters. The Commons further fell into Examination of the Publick Grieve- ances, and the Carriage, or rather Mifcarriage of the Fleet to Cadiz • The Evil Counfellors about the King •, Mifgovernment and Mifimploy- ment of the Kings Revenue ; An Accompt of the Subfidies and Three Fifteens granted 21 ^acebi-^ And refolved of a Committee for fecret Affairs, and another for Grievances, to fit every Friday and (Vcdnefday during the Parliament. And Mr. Whitbf was commanded to the chair for the Committee for Grievances 5 whera were delivered thefe cn- fuing Confultations, I. {The State of the King in the Cenftant Revenue of the CroivnJ} 1. What it was, and how for the Intreitm and Ex it us they are ordered. 2 . What now it is, either in deer, or by Lands, by Cuftoms and Im- pofitions, or by Cafualties. 3. The means how it is abated. By gifts of Lands ex mero motn, and no valuable confideration, and this may be revoked. By grants of Penfions, now 120000/, before but 80000/, Good Times have refumed them, or contraded them upon Neceflity. By increafe of Houftiold from 45000/. to 80000/. the Purveyors more, and the Tables lefs furnilhed then tormerly. By fruitlefs Ambaftadors, with larger allowance then formerly : To reduce them to the Ordinary of the late Queen, By treble increafe of the Privy-Purfe. By double increafe of the Treafury of the Chamber and Great Wardrobe. In all by not ufing the beft courfe of Aftignments, whereby the Cre- ditors are delayed in the paiment, and the King furcharged in the price ; the Exchequer-man making his profit from the Kings wants. ll. \The Condition of the Suhje^in his Freedom.'} 1 . Formerly in Taxes by Parliaments, as by Subfidies and Fifteens, fpent onely on Defence of the State, or Aid of our Allies -, by Tonage and Poundage, imployed in Guard of the Seas •, Loans rarely, and thofe imployed intirely for the Publick •■> Impofition by Prerogative of old Cuftoms, rated eafily by the Book of Rates, if any, either limited to time or meafure. 2. New Impofitions and Monopolies multiplied, and fettled to con- tinue by Grants, Cuftoms Inhannced by the new Book of Rates. Tonage and Poundage levied , though no Ad of Parliament, nor Seas guarded •, the Times, the Wayes, and the Perfons that induce thefe. E 2 ?. The 211 I Caroli, Grievances taken into confideration. Grievances laid open. ZI2. Hijlorical CoUeBions. An. 1625. 3, The Iraploiment orWafte of the Treafurc : What Sums have' been granted for the Defence of the State, the laft Three years ^ How in particular fpent, and where •, By what Advice, as by the direftion of the Council of War appointed by Parliament, by full Order of the Council, by any other then thofe, and by whom. Firft, Publick Treafury is to be examined. Secondly, The Kings Subjeds, how many, and when tranfported and imployed as to the PaUtimte, Count Mansfields Land-foldiers in the laft Fleet : The Defigns where they were fent ; the Council that direded it •, the fuccefs of the Adion 5 and the Return of the perfons in number, and the Lofs. Thirdly, In^hipsand Munition our own. The Number and Quan- tity imployed feverally^ the Number imbarqued in thofe Ships-, and what prejudice and difcouragement of Trade • the Council that direAed fuch Imploiraents •, the feveral fuccefs, as at Algier and Cadiz,. Strangers, and thofe Ships either of Allies or Enemies : Allies hired by ConttaW delivered to the Lord Duke; the Duke having notice hereof, faid, he would juftifie the ftay of the Ship by order from the King. B The Council of War appointed to manage the bufinefs for the relief of the PaUtiftate, were called into the Houfe of Com- mons, and this Queftion was propounded unto them ^ Whether their Advice was followed which they gave for the four Ends men- tioned in the Ad of Parliament 21 ^acohi , for which the mo- neys given by that Adi were to ifliie i Lord Carey Earl of Totnes^ and Lord Brook defired to be excufed from anfwering ^ the Lord Fere faid, He had been much abfent in the Low-Countries, and could fay little •, the Lord Grandifon faid, that fince ^tdy laft they had feldom met •, Sir Robert Manfel, and Sir ^ohrt Oyle defired a Copy of the Que- ftion, and that they might all confer together before they gave Anfwer to a Queftion of this Concernment : Afterwards the lame perfons (except the Lord Fire) were called in again, who gave unfatisfadory anfwers, when they were prefted to deal clearly and fully in the bufinefs 5 It was anfwered by fome of them , That they conceived by the Ad of Parliament they were bound to make D no other Anfwer then what they had done : Others deCned before they anfwered, that they might have the Kings confent firft • That obtained, and a fpecial Order of the Houfe requiring an Anfwer, Sir Rohert Ma»[el declared his readinefs to give a deer and full Account. While matters were thus debated, Mr Secretary Cook delivered a MefHige from the King to the Commons, declaring his Majefties occafion for Supply. This Meftage was ftrengthened by a Conference which the Lords, defired with the Commons ; where William Earl of Pembrook reprefented the Aflfiirs of Chri/lendomy how they ftood before the breach of the Treaties with Spain, and how at that prefent ; fliewing, That the condition of the Palatinate was nothing bettered -, That Count Mansfiels Army was raifed for the diverfion of the League Catholick in German) , That the King of Denmark had thereupon engaged himfelf to ftand or fall in this Quarrel, in cafe of Supplies •, That the Swedes were forward ; and laftly. That his Majefty had made a ftncft Alliance with tiie Hollander upon thefe terms. That they fliall bear a fourth part of the cxpence of our Navy , and onely have a fourth part of the fpoils; the Lands and Cities conquered to be the Kings: Thefruitsof all rich advantages will be loft, if a fpeedy AiTiftance be not refol- ved on, Ff The I Caroli. The Council of War for the Palati- nate^ qiiefiion- ed in the Houfe of Com- mons. The Earl of Pembrol^e at a Conference prelTeth Sap. plj. 2l8 Hijlorical CoUeBions. An. 1625. Reports from the Commit- tee concern- ing Evils and Remedies. A Committee of the Lords Houfe, to con- fiikr of tlie fafety of the King'lomi comunicated to the Com- mons. Not well re- fcntcd. The Kings Letter to the .Speaker. The Commons not thinking fit to take into confideration the mat- ter of Supply at prefenc, call for a Report from the Committee appoint- ed to conlider of theCaufesand Remedies of Evils, which being made by My Wandes ford ', itwasrefolved, That the Diminution of the King- dom in ftrength and honor, is a general Evil which we fuffer under •, a fecond, the'incrcafe and countenancing of Papiftsj a third, the not guiriing of the narrow Seas 5 a fourth. Plurality of Offices in one hand; a fifth, fales of Honors and places of Judicature •, a fixth, deli- very up of Ships to the French •, a Seventh, mifimployment of three Subiidies and three fifteens, e^c. And they further ordered, That the Duke whom thefe Mifdemenorsefpecially refledledon, have notice that the Commons Houfe intend fuddenly to refume the debate of thefe things, and Mr clement Cook (zid openly, That it were better to die by /in Enem), then to fuffer at home. The Lords at that time, more readily complying with the Kings de- fires, appointed a Committee to confider of the fafety and defence of the Kingdom in general, and particularly of the fafeguard of the Seas, the ftore of Ammunition and Arms, and all things incident thereunto, and of ftrengthening the Forts ; for this the King gave them thanks, and defired them to proceed with alacrity. The Committee of Lords made hafte and reported their advice to the Houfe, That one Fleet be prefently fet to Sea againft the King of Spain to annoy him, and to prevent the Invafion of this King- dom : That another be fet out to defend our own Coafts, and the Mer- chants from Pirats-, and that confideration be had of maintaining the Armies under the King of Denmark and Count Mansfield 5 but the Houfe would give no opinion thereupon, till they had Conference with the Houfe of Commons, which was defired upon this occafion. To which Meifage the Commons onely returned this Anfwer, That theydefire to have a good correfpondency with their Lordfhips, and will be ever carefuU of the fafety and defence of the Kingdom, and maintain their own priviledges, as is fitting, and immediately proceed with the de- bate concerning the Duke, which was a little interrupted, as well by a Letter of the Kings to the Speaker, as by a Meflage delivered by Sir RichardWe(lonio\xc\\\n2^ Supply. King Charles to the Speaker. Trufty and Welbeloved, &c. HAving affemhled the Parliament early in the beginning of the year^ for the more timely help and advice of eur People in oitr great and im- portant Affairs -, andliaving of late, not onely by Mejjage, but alfo ef our [elf, put our Houfe of Commons in minde of our prefing occaftons, and of the frefent Eflate of Chriftendom, rvherein they have equal intereft with fts, M well in refpe^ of their own former engagements, its of the common Caufe -, wejhall not need to tell them withwhat care and patience we have in the midJeft ef our Nccefities attendedtheir Refolutions; but becaufe their unfea- fonable flownefs may produce at home as ill effects as a Denial, and hazard the whole Eflate of things abroad; we have thought fit by you the Speaker, to let them know, that without more lofs of time, we look for a fuH and pcrfeB Anfwer of what they will give for our Supply, according to ottr expectation and B D Hisiorical CoUeFiwns. ^ D lip andtharpromifes -^ rvhcrein^ as rve prefs for nothing beyond the prefe/jt ffate and condition of eur SubjeBs , fo rve accept no lefs then is proportionable to th: grcatncfs and goodncf of the Catife ^ neither do we prcfs them to a prefent Rcfoliition in this, with a purpose to precipitate their Cotmfels^ much lefs to enter upon their Pnviledges, but to fherv, that it is nnft to depend ^ any longer upon uncertainties •, whereby the whole weight of the Affairs of Chriftendom may break in upon us upon the fudden, to our dijhnor and the (lume of this Nation : And for the brifine(s at home, we command you to pro- mi je them in our Name, that after they have fatisfied us in this our reafona- hle Demand, wefhallnot onely continue them together at this timefo loni^ as th feafon will permit, but call them f})ortly again to perfeci thofe nece(fary hufinc(fes which jhall be new left undone -, and now we (lull willingly apply ft andfeafonable remedies to fuchjufl Grievances which they fljall prefent unto us hit if all and mannerly way, without throwing an ill odor upcn our pre- in A a fent Government^ or upon the Government of our late blc(fed Father ; and if there be yet who defire to fnde faulty we flull think him the wifeji reprchen- dor of errors paft, who witho:tt refle^in^ backward^ can q^ive us counfel how to fettle the prefent ejlate of things, and to provide for the future fafety and honor of the Kingdom . The Heads of Sir Richard We(lons MefTage for drawing a more fpeedy refoludon from the Houfe, befides that formerly underftood concerning the King of Denmark^ Count Mansfield and his Majefties Army in the Low-Countries^ were thefe. I. nr ll^at W ^a|efttc0 Jrl«t being rcturncD, anD t(je t)irtual0 fpcnt, I tljc men mua of nccefeitp be DifcbargeD, jsnD tOeii; toagejc; paiD, 0? elfe an affureD mutwp toiU foUoto, tufjicl) \m^ be man? toape0 Dan- gerous at tbt0 time. II. 'QDbat bis ^aieflp batb matje reat)p about fo?tp tfjips to be fet fo?tb on a fecouD l)o?ase to DtnDer tbe €nemp, tobicb toant onclp t)imi- aljaiantjfomcmen, tj^bicbtoitbout prefent fupplj) of monep cannot be fet fo?tb anD fecpt togetber* III. ^battbe ^rmp tobicb isappointeD incbetp doaff mutt pje^ fentlpbeDtsbanOeD, if tbepbenot Pf'cfentlpfuppUeDtuttbtjirtualsanD tlotbcs* IV. €bat if tbe Companies of Ireland (atelp fent tbttbetbenot p?ol)iDcD fo.', inHeaD of DefenDmg tbat Countri), tbep toiU p^obe tbe ^utbo?s of Rebellion. V. -^battbe feafon of p^obiDing bealtbfull birtuafe toillbc pad if tbis^onetbbe neglecteD. ^nD tbcrefo?e bis ^ajeap commanDeDme to tell pen, tbat beDe- ! fireDtofeito\Mtoitboutfutbcr Dclaptng of time, tubat fuppl]) i>ou UuU ' gibe bim fo? tbefe bis prefent occafions,tbat be maj> acco?Dingl|> frame bis courfe anD counfel. Which Meflage produced this Anfwer from the Commons. Sir Richard Weflons Xef- Moft ^^Q An. 162'). The Com- mons Anfwcr to the' Kings MeffagebySir Richard Wefion. The Kings Reply. Hiftorical ColleBions, Moil gracious Soveraign, Y Our Majefties Dutiful! and Loyal Subjeds the Commons now aflembled in Parliament, in all humility prefent unto your Royal wifdom this their Loyal Anfwer to the Meflage which your Ma- " iefty was pleated by the Chancellor of your Exchequer to fend unto " them,defiring to know without any further deferring of time,what Sup- " ply they would give to your Majefty for your prefent and extraordi- " nary occafions, that you might accordingly frame your Courfes and "Counfels: Firft of all, they moft humbly befeech your Majefty to "know and reft allured, That no King was ever dearer to his peo- " pie, then your Majefty •, no people more zealous to maintain and " advance the Honor and Greatnefs of their King, then they •, which, "as upon all occafions they (hall be ready to exprefs, fo efpecially in the '' Support of that Caufe wherein your Majefty and your Allies are now "juftly engaged. Andbecaufe they cannot doubt but your Majefty in " your great wifdom, even out of Juftice, and according to the Example " of your moftfam.ous Predeceftbrs, will be pleafed gracioufly to accept '■' the faithfull and neceftary Information and Advice of your Parliament, " which can have no end but the fervice of your Majefty, and fafety of " your Realm, in difcovering the Caufes, and propofing the Remedies <^of thefe great Evils which have occafioned your Majefties Wants and " your Peoples Grief : " They therefore, in confidence and full afturance of Redrefs therein, " do with one confent propofe (though in former time fuch Courfe hath ''beenunufed) that they really intend toafltft and fupply your Majefty '• in fuch a way, and in fo ample a meafure, as may make you fafe at '' home, and feared abroad •, for the difpatch whereof they will ufe " fuch diligence, as your Majefties prefling and prefent occafions ihall " require. His Majefty makes this Reply to the Commons Anfwer, Mr Speaker, " r'l 1 He Anfwer of the Commons delivered by you, I like well of. T cc and do take it for a full and fatisfadory Anfwer, and I thank them for it, and I hope you will with all Expedition take a Courfe for performance thereof, the which will turn to your own good "as well as mine ; but for your Claufe therein of prefenting of Grie- " vances, I take that but for a Parenthefis in your Speech, and not "a Condition-, and yet, for anfwer to that part, I will tell you, I will be "as willing to hear your Grievances, as my Predeccflors have been, fo " that you will apply your felves to redrefs Grievances, and not to emj/tire " after Grievances. I muft let you know, that I will not allow any of my " Servants to be queftioned amongft you •, much lefs fuch as are of emi- " nent place, and neer unto me : The old qqeftion was. What f]ull be '■^ done to the wan whom the King will honor "^ but now it hath been the '' labor of fome, to feek what may be done againft him whom the King " thinks fit to honor. I fee you ipecially aim at the Duke of Bftckinf- '•^ham-, I wonder what hath fo altered your affediions towards him ^ I " do well remember that in the laft Parliament in my Fathers time, when "he Hislorical CoUeBions, 111 B D " he was an Inftrument to break the Treaties, all of you (and yet I can- '• not fay all, for I know fome of you are changed, but yet theHoufeof "Commons is alwayes the fame) did fo much honor and refped him, "that all the honor conferred on him was too little • and what he hath " done fince to alter or change your mindes, I wot not •, but can aflure " you, he hath not medled, or done any thing concerning the Publick or " Commonwealth, but by fpecial diredions and appointment, and as «' my Servant, and isfo far from gaining or improving his Eftate thereby, " that I venly think he hath rather impaired the fame. I would you " would haflcn for my Supply, or clfe it will be worfe for your felves ; ." For if any ill happen, I think I fhall be the laft ihall feel it. Afterwards the Commons fell upon the Duke, as the chief Caufe of all Publick Mifcarriages. Dodor Turner a Phyfitian propounded in the Houfe thefe Queftions, which were then commonly called j^eries againft the Duke oi Buckingham, and were grounded upon Publick Fame. 1. whether the Duke being Admiral, he not the Caufe of the lofs of the Kings Royalty in the Narrorv-Seas ? 2 . whether the unreafonahle, exorbitant and immenfe Gifts of Money and Lands be flowed on the Duke and his Kindred, be not the Caufe of impairing; the Kings Revenue, and impoverifliing of the Crown ? 3 . whether the Multiplicity of offices conferred upon the Duke and others depending upon him, (whereof they were not capable) be not the Caufe of the Evil Government of this Kingdom ? 4. whether Recufants in general, by a kindofConnivencie, be not borne out andincreafed by reafon pf the Dukes Mother and Father-in- law, being known Papifls. 5. whether the Sale of H(fnors, offices, and Places of judicature and Ecclefiaftical Livings and Promotions, (a fcandal and hurt to the Kingdom) be not through the Duke ? 6. whether the Dukes flaying at home, being Admiral and General in the Fleet of the Sea, and Land- Army, were not the Caufe of the bad fuccef and overthrow ef that A^ion % And whether he did give good dire ff ion for that Defign ? ( All thefe are famed to be (0.) Hereupon two Queftions were moved in Parliament. I. whether the Six Heads delivered by Do^or Turner to be the Caufe of the Evils that were grounded upon Common Fame, be to be debated m Par- liament ? 2 . whether an Accufation upon Common Fame by a Member of this Houfe, be a Parliamentary way ? It was declared by Sir Tho.Wentworth, Mr. Noy, and other Lawyers in the Debate, That there was a difference between Common Fame and Rumor : For the General voice ( Fox populi) is Common Fame : And it Common Fame might not be admitted as an Accufer, Great men would be the onely fafe men -, for no Private perfon dare adventure to enquire into their Adions ; But the Houfe of Commons is a Houfe of Information and Prefentment , but not a Houfe of Definitive Judgment. So the Houfe came to this Refolution •, That Common Fame is agood ground of Proceeding for. this Hou(e, either by Entjuiry, orprefentrng the Com- plaint {if the Houfe finds caufe ) to the King or Lords. The I Caroli, Doftor Turners Qiicrics againft the Duke. zzz Hillorkal CoUeBtons. Another Mtf- fage from the King by Sir Richard An. 1625. The Commons the next day proceeding in that Debate, Sit Richard ' \weftotf delivered to the Houfe this Meflage trom his Majefty. " f I t Hat his Majefty had taken notice of a feditious Speech uttered " I in the Houfe by Mi. Clement Cook • The words are faid to be to " ■*- this effed •, That it were better to die hy an Enemy, then to fuffer at [ " home. Yet his Majefty in his wifdom hath forborne to take any courfe | «< therein, or to fend to the Houfe about it, not doubting but the Houfe « would in due time correct fuch an Infolence, But his Majefty hath found " that his patience hath wrought to an ill effcift, and hath imboldened one " fince to do a ftrange ad, in a ftrange way and unufual •, that is, Dodor^ " Turner •, who on Saturday laft, without any ground of knowledge in " himfelf, or Proof tendred to the Houfe, made an Enquiry of fundry "Articles againft the Duke of 5«d'/«^i64w, as he preteaded, but indeed " againft the Honor and Government of the King and his late Father. " This his Majefty faith is fuch an Example, that he can by no means " fufFer, though it were to make Enquiry of the meaneft of kis Servants, "much lefs againft one fo neerunto himfelf-, and doth wonder at the " foolilli impudencie of any man tiiat can think he ftiould be drawn out " of any end to offer fuch a Sacrifice, much unworthy the greatnefs of a *' King, and Mafter of fuch a Servant. And therefore his Majefty can no " longer ufe his wonted patience, but defireth the Juftice of the Houfe " agamft the Delinquents •, not doubting but fuch courfe wUl be taken^ " that he ihall not be conftrained to ufe his Regal authority to right him- " felf asainft thefe two Perfons. Dr. Turners Explanation. Dr. Turners Letter to the Speaker. Upon this Meffage, Dodor Turner made a fhort Explanation of him- felf defiring to know wherewith he was charged : What he faid, he faid the Houfe can witnefs •, and what he faid, he fpake for the general good of tlie Commonwealth, and not upon the leaft refledion of any in par- ticular. This he thought a Parliamentary way warranted by antient Pre- fidents. To accufe upon Common Fame, he finds warranted firft by the Imperial Roman Laws and the Canons of the Church, which allowed Common Fame fufficient to accufe any man. And tfiey that are learned amongft them,give two reafons : Firft,for Greatnefs •, Next,for Cunning. Our Anceftors within thefe walls have done the like, and that to a Duke, the Duke oi Suffolk in the time of King /f.6.who was accufed upon Fame. And laftly(he faid)Mr.Chancellor himfelf did prefent the Common Under- takers upon Particular Fame 5 and why he fliould not have as ample pri- viled2;e in this place, he knew no reafon to the contrary. The Commons having appointed another day for the Debate of this Bufinefs, in the mean time came this Letter from Dodor Turner to the Speaker. SIR, THefe Lines fir(i Petition jou to ft,^nifie to the Honorable Houfe of Commons, That my defircs areflill the fame to have made my perfonal appearance before you, but my ability and flrength to perform it are not the fame -^ And therefore that I humbly defire them to excufe me on that part, and to accept of this my Anfrver unto the matter I fhall (peak to. I do con- \fef, that on Saturday lafl inthe afternoon I did deliver m certain Accufations !<>/ Common Fame into the Houfe of Parliament againft my Lord Admiral-, and that out offo many {all bearing the ftgnititre of Vox populi ) / chofe out fame ferv. Hijlorical ColieBions. fen', not becaufe tky were greater, or more known Grievances, but hecaufe they did feem to direct us to find out the Criever, or the fir ft Cattfe : For I did think it was then full time to agree the Agent and the Anions, and that it was time alfo to leave conftdering Grievances in Arbitration. I do now alfo agree unto you that which hath been reported unto you by Afr.Wandesford ^ and by that, if you fhall think fit, will fut my (elf unto your Cenfure : hoping and ajfuring my (elf, that you will find my dcfign to include nothing elfe within it but duty and publick fervice to my Country -, and alfo that my addrefing thofe Accu- fations unto the Houfe of Parliament, Jhall by you be found to be done by a man- nerly and Parliamentary way. But howfoever it becomes me tofubmit my Caufe to your Wifdoms and equal judgments •, which I do heartily -, and what foevcr you jlull pleafe to a^foint me , I fhall dutifully fatisfie, when God fhall be flcafed toreftore me able to attend your fervice. I doubt not but to give you anhoneft accomft of all my Anions herein -, And if I fhall firfl to my grave, I defire, if you find me deer, the reputation of an Honefl man and an Englifh-man may attend me thereunto. Thus I refi Tour dutiful and humble Servant, To die Honorable Sir Menage Fined., Speaker of the Houle ofComiiions. SAMUEL TURNER. The Monday following, Sir W.Walter (if the Name be not mifwritten in our Colledlions ) reprefented to the Houfe, That the Caufe of all the Grievances was, for that (according as it was faid of Lewis the Eleventh King of France) All the Kings Council rides upon one horfe. And there- fore the Parliament was to advife his Majefty, as ^ethro did Mofes, to take unto him AlTiftants with thefe qualities. 1. Noble from among all the People j not Upftarts, and of a Nights growth. 2. Men oi Courage '^ fuch as will execute their own Places, and not commit them to bafe and undeferving Deputies. 3. Fearing God ; who halt not betwixt two opinions, or incline to Falfe worfliip in refped ot a Mother, Wife or Father. 4. Dealing truly -, for Courtihip, Flattery and Pretence become not Kings Councellors, but they muft be fuch as the King and Kingdom may truft. 5. Hating Covetoufnef?-^ No Bribers nor Sellers of Places in Church or Commonwealth, much lefs Honors and Places about the King, and leaft of all fuch as hve upon other mens ruines. 6. They Ihould be many, fet over Thoufands, Hundreds, Fifties and Tens, (one Man not ingrofling all.) Where there is abundance of Counfel, there is Peace and Safety. 7. They mud \\idge o^ fmaS matters', the greater muft go to the King himfelf, not all to the Council, much lefs any one Counfellor muft alone manage the whole weight , but Royal adions muft be done only by King. the 8. Laftly, Mofes chofe them Elders, not Young men. Solomon by miracle and revelation was wife being young 5 but neither his Son nor his young Counfellors had that priviledge : No more is it expe(5led in any of our Counfellors, until by age and experience they have at- tained it. Sir -^ohn Elliot continued the Debate, and thus fpake. We 223 Caroli' Sir W. Walters opinion of the Caufe of Grievances. ^ ZZ4- An. 1625. Sir John Eliot purlues the Argument againft the Duke. HMorical CoUeBions, « T Y 7 E h^ve Iiad (fays he) a reprefentation of great fear, but I hope « \A/ that fliall not darken our underftandings. There are but two « ▼ » things confiderable in this bufinefs : Firft, the Occafion of " our Meeting -, and fecondly, the prefent State of our own Country. " The firft of thefe we all know, and it hath at large been made known «' unto us, and therefore needeth no difpute. The latter of thefe we ought '« to make known, and draw and (hew it as in a Perfpedive in this Houfe : " For our wills and affections were never more clear, more ready " as to his Majefty, but perhaps bauk'd and check'd in our forward- " nefs by thofe the King intrufts with the affairs of the Kingdom, "The laft Aftion, was the Kings firft Adtion-, and the firft A(5bions " and Defigns of Kmgs are of great obfervance in the eye of the World 5 " for therein much dependeth the efteem, or difefteem of their future pro- " ccedings : And in this Adtion the King and Kingdom have fuffered "much difhonor •, We are weakned in our ftrength and fafety, and many "of our men and (hips are loft. This great Defign was fixed on the " perfon of the Lord General, who had the whole Command both by " Sea and Land : And can this great General think it fufficient to put in " his Deputy, and ftay at home -f Count Mansfield's Adions were fo mi- " ferable, and the going out of thofe men fo ill managed, as we are fcarce " able to fay they went out. That handful of men fent to the Palatinate, " and not feconded, what a lofs was it to all Germany ? We know well cc who had then the Kings ear. I could fpeak of the A(ftion of Algier, "but I will not look fo far backward. Are not Honors now fold, and " made defpicable <: Are not Judicial Places fold <: and do not they then " fell Juftice again t Vender e \me fotefly emerat ilk pim. TuUy in an Ora- *' tion againft Verres notes. That the Nations were Suitors to the Senate " of Rome, that the Law Depecmiis reptundis might be recalled : Which " feems ftrange, that thofe that were Suitors for the Law,fliould feek again " to repeal it •, but the reafon was, it was perverted to their ill. So it is " now with us -, befides inferior and fubordinate perfons that muft have " Gratuities, they rauft now feed their great Patrons. " I Ihall to our prefent Cafe cite two Prefidents. The firft is 16 ^.3. " The Treafure was then much exhaufted, many Diforders complained " on, the King wronged by fome Minifters -, many Subfidies were then " demanded in Parliament, but they were denied : And then the Lords " and Commons joined to defire the King to reaffume the Lands which " were improvidently granted, and to examine his great Officers, and the " Caufes of thofe Evils which the People then fuffered. This was yielded " unto by the King , and Hugo de Burgo was found faulty and was dif- " placed, and then the Commons in the fame Parliament gave Supply. " The fecond Prefident was in the Tenth year of Richard the Second : " Then the Times were fuch, and Places fo changeable, that any great " Officer could hardly fit to be warmed in his Place : Then alfo Monies " had been formerly given, and Supply was at that Parliament required ; I " but the Commons denied Supply, and complained that their Monies I" weremifimployed. That the Earl oi Suffolk then overruled all-, and I " fo their Anfwer was. They could not gfve : And they petitioned the " King, that a Commiffion might be granted, and that the Earl oi Suffolk " might be examined. A CommifTion at their requeft was awarded, and " that Commi(fion recites all the Evil then complained of-, and that the " King upon the Petition of the Lords and Commons had granted that Exami- IB D Hijloricai CoUeHions. '' Examination fliould be taken of the Crown-Lands which were folJ of " the Ordering of his Houfliold,and the Difpofition of the Jewtls of his " Grandfather,and Father.I hear nothing faid in this Houfe oi our Jewels " nor will I fpeak of them, but I could wifli they were within thefe walls. "We are now m the fame cafe with thofe former Times 5 we fuffer " alike, or worfe : And therefore unlefs we feek redrefs of thefe great "Evils, we fliall find difability in the wills of the People to grant. "I wilh therefore that we may hold a dutiful purfuance in preparin" "and prefenting our Grievances. Tor the Three Subfidies and Three "Fifteens which are propofed, I hold the proportion will not fuit with " what we would give •, but yet I know it is all we are able to do or can " give ; and yet this is not to be the flint of our afFeilions, but to come again to give more upon jufl occafions. cc (.i In the heat of thefe Agitations, the Commons notwithffanding re- membre-i the Kings Necefiities, and took the matrer of Supply into confideration, and Voted Three Sobfidies and Three Fifteens to be paid the lafl day of ^u;!e, and the lafl of oBober next foUowmg •, and that the Asfl be brought in as foon as Grievances areprefenced to, and an- fwered by the King! And the Commons the fame day relumed th Debate again concerning the Duke, and Mifgovernment and Mif- imployment of the Revenue, &c. Ordered the Duke to have notice again thereof. The next day the King fent a Meffage to the Houfe of Commons, That they do to morrow at Nine of the clock attend his Majefly in the Hall at Whitehall, ( and in the mean time all Proceedings in the Houle and Committeeto ceafe.) Where his Majefty made this enfuing Speech. My Lords and Gentlemen, I Have called you hither to day, I mean both Houfes of Parliament ■> but it is for fcveral and diflind reafons ; Mf Lords, you of the Upper Houfe, to give you thanks for the Care of the State of the Kingdom now •, and not only for tlie Care of your own Proceedings, but for in- citing your Fellow-Houfe of the Commons to take that into their con- fideration. Therefore (my Lords) I mufl not only give you thanks, but I mufl alfo avow, that if this Parliament do not redound to the good of this Kingdom, (which I pray God it may) iris not your faults. And you Gentlemen of the Houfe of Commons, I am lorry that I may not juftly give the fame thanks to you •, but that I mufl tell you, that I am come here to fliew you your errors,and as I may call it,Unparliamentary proceedings in this Parliament. But I do not defpair, becaufe you Hiall fee your laults fo cleerly by the Lord Keeper, that you may fo amend your Proceeding , that this Parliament fhall end comfortably and hap- pily, thougli at the beginning it hath had fome rubs. Then the Loid Keeper, by the Kings command, fpake nexr. " \Jt Y Lords, and you the Knights, Citizens and BurgefTes of the "xVlHoufe of Commons : You are here aflembled by iiis Majeflies " commandment, to receive a Declaration of his Royal pleafui e •, wliich <« although it be intended only to the Houfe ofCommons,yet his Majefty " hath thought meet, the matter being of great weight and importance, G s "it 2Z5 Caroli, Three Stibfi- dies and Three Fifteens, Vo- ted. Debate con- cerning the Duke, re- lumed. The Kings 29. The Lord Keepers Spcicli. Zid Art, i6i6. Hiflorical CoUeBions, cc it fhould be delivered in the prefence of both Houfes , and both " Houfes make one General Council : And his Majefty is willing that "the Lords fhould be Witneffes of the Honor and Juftice of his Re- '• folutions. And therefore the Errand which by his Majefties diredion " I muft deliver , hath relation to the Houfe of Commons. I mull " addrefs my felf therefore to you Mr. Speaker , and the reft of that " Houfe. " And firft his Majefty would have you to underftand, That there " was never any King more loving to his People, or better affedioned " to the right ufe of Parliaments, then his Majefty hath approved him- "' felf to be, not only by his long patience fince the fitting down of this " Parliament, but by thofe mild and calm Diredions which from time " to time that Houfe hath received by Meftage, and Letter, and from his " Royal mouth •, when 'the irregular humors of fome particular perfons " wrought divcrfions and diftradtions there, to the difturbance of thofe '^ great and weighty AffairsAvhich the Neceflity of the Times, the honor " and fafety of the King and Kingdom, called upon. And therefore his "Majefty doth afture you, that when thefe great Affairs are fetled, and *' that his Majefty hath received fatisfadion of his reafonable Demands,' " he will as a juft King hear and anfwer your juft Grievances, which " in a dutiful way fhall be prefented unto him 5 and this his Majefty " doth avow. '' Next his Majefty would have you know of a furety, That as " never any King was more loving to his People, nor better affedlioned " to the right ufe of Parliaments 5 fo never King more jealous of his " Honor, nor more fenfible of the negled and contempt of his Royal " Rights, which his Majefty will by no means fuffer to be violated by "any pretended colour of Parliamentary Liberty-, wherein his Majefty " doth not forget that the Parliament is his Council, and therefore ought "to have the liberty of a Council 5 but his Majefty underftands the dif- "ference betwixt Council and Controlling, and between Liberty and " the Abufe of Liberty. " This being fet down in general, his Majefty hath commanded me ".to relate forae particular pafTages and proceedings whereat he finds "him felf agrieved. *' Firft, Whereas a feditious fpeech was uttered amongft you by "Mr.C<)0)t, the Houfe did not, as they ought to do, cenfure and corre(5t " him. And when his Majefty underftanding it, did by a Meflage by " Mr.Chancellor of the Exchequer delivered to the Houfe, require Juftice " of you, his Majefty hath fince found nothing but protradling and de- " laies. This his Majefty holds not agreeable to the wifdom and the duty " which he expeded from the Houfe of Commons. " Secondly, Whereas Doftor 7ttrner in a ftrange Unparliamentary " way, without any ground of knowledge in himfelf, or offering any par- " ticular proof to the Houfe, did take upon him to advife the Houfe " to enquire upon fundry Articles againft the Duke of Buckingham, as " he pretended , but in trurh to wound the Honor and Government <^ of his Majefty, and of his renowned Father •, And his Majefty firft " by a MelTage, and after by his own Royal mouth did declare, That " that Courfe of Enquiry was an Example which by no way he could " fuffer, though it w'ere againft his meaneft Servant, much lefs againft " one fo neer him ^ and that his Majefty did much wonder at the foolilh " infolencie of any man that can think that his Majefty fhould be drawn out B D B D HiUor'ical ColleUions, out of any end to offer fuch a Sacrifice fo unworthy of a King , " or a good Mafter : Yet for all this , you have been fo far from " correding the Infolencie of Turner , that ever fince that time your "Committees have walked in the fteps of Turner , and proceeded "in an Unparliamentary Inquifition, running upon generals, and re- " peating that whereof you have made Fame the groundwork. Here " his Majefty hath caufe to be exxeeding fenfible , that upon every "particular he finds the Honor of his Father ftainedandblemilhed, and " his own no lefs •, and withal you have manifefted a great forwardnefs "rather to pluck out of his bofom thofe who are neer about him, and " whom his Majefty hath caufe to affcd, then to truft his Majefty with " the future reformation of thefe things which you fcem to aim at : And " yet you cannot deny but his Majefty hath wrought a greater Reforma- " tion in matters of Religion, Execution of the Laws, and concerning "things of great importance, thenthefhortnefsof his Reign m which " he hath been hindred partly through ficknefs , and the diftradion "of things which we could have wiflied had been othervvife) could " produce. "Concerning the Duke o( Buckingham, his Majefty hath command. "ed me to tell you. That himfelf doth better know then any man living "the fincerity of the Dukes proceedings •, with what cautions of weight " and difcrction he hath been guided in his publick Imployments from his "Majefty and his blefl'ed Father 5 what Enemies he hath procured at " home and abroad •, what peril of his perfon and hazard of his eftate " lie ran into for the fervice of his Majeily, and his ever blefTed Father, " and how forward he hath been in the fervice of this Houfe many times " fince his return from Spain. And therefore his Majefty cannot believe *' that the aim is at the Duke of Buckinghant^ but findeth that thefe Pro- " ceedings do direiflly wound the Honor and Judgment of himfelf, and " of his Father. It is therefore his Majefties exprcfs and final command- " ment, That you yield obedience unto thofe Dired:ions which you have " formerly received, and ceafe this Unparliamentary Inquifition,and cora- " mit unto his Majefties care, andwifdom, and juftice, the future refor- "mationof thefe things which you fuppofe to be othcrwife then they " fhould be : And his Majefty is refolved, that before the end of this "Scffion, he will fet fuch a Courfe both for the amending of any "thing that may be found amifs, and for the feeling of his own E- " ftate , as he doubteth not but will give you ample fatisfadion and " comfort. " Next to this his Majefty taketh notice, That you have fuffered "the greateft Council of State to be cenfured and traduced in the cc Houfe, by men whofe Years and Education cannot "depth : That Forein bufinefTes have been entertained (C to the hinderance and attain to that in the Houfe, difadvantage of his Majefties Negotiations : "That the fame Year, yea the firftDay of his Majefties Inauguration, " you fuffered his Council, Government, and Servants, to be parallcl'd " with the Times of mofl Exception : That your Committees have '■prefumed to examine the Letters of Secretaries of State, nay his "own, and fent a general Warrant to his Signet-Ofiice, and com- "nvanded his Officers not only to produce and (hew the Records, " but their Books and private Notes, which they made for his Maje- " fties fervice. This his Majefty holds as unfufftrable, as it was in for- '• mer times unufual. Gg 2 " Next iij Ckrdi. 228 Hiflorical CoUeBions, 1626. a cc " Next I am to fpeak concerning your Supply of Three Subfidies and Three Fifteens, which you have agreed to tender to his Majefty. " You have been made acquainted with the greatnefs of his affairs both " at home and abroad, with the ftrong Preparation of the Enemy, with "the Importance of upholding his Allies, ftrengthening and fecuring " both England and Ireland, bcfides the encountring and annoying the " Enemy by a powerful Fleet at Sea-, and the Charge of all : This having " been calculated unto you, you have profefled unto his Majefty by the " mouth of your Speaker, your carefulnefs to fupport the Caufe wherein " his Majefty and his Allies are juftly engaged 5 your unanimous confent " and real intention to fupply his Majefty in fuch a meafurc, as fliould " make him fafe at home, and feared abroad -, And that in the difpatch " hereof you would ufe fuch diligence , as his Majefties preffing and prefent occafions did require. " And now his Majefty having eredled a proceeding fuitable to this engagement, he doth obferve that in two days onely of twelve , this " buiinefs was thought of, and not began till his Majefty by a Meflage put " you in minde of it, whileft your Inquifition againft his Majefties diredi- " on proceeded day by day. *' And for the meafure of this fupply , his Majefty findcth it fofar **from making himfelf fafe at home and feared abroad, as contrariwife it *' expofeth him both to danger and difefteem ^ for his Majefty cannot ex- " ped without better help, but that his Allies muft prcfently disband, and *' leave him alone to bear the fury of a provoked and powerful Enemy : " So as both he and you fliall be unfafe at home, and afhamed and defpifed " abroad. And for the manner of the Supply, it is in it felf very diftio- " nourable, and full of diftruft ; For although you have avoided the lite- " ral word of a Condition , whereof his Majefty himfelf did warn you " when he told you of your Parenthefis, yet you have put t© it the ef- <* fed of a Coadition, fince the Bill is not to come into your houfe until " your Grievances be b|,oth preferred and anfwered. No fuch thing was In " that exprefllon and engagement delivered by your Speaker, from which *' his Majefty holdcth that you have receded both in matter and manner "to his great difadvantage and diilionour. And therefore his Majefty " commandeth that you go together, and by Saturday next return your *' final Anfwer, what further Supply you will add to this you have alrea- " dy agreed on, and that to be without condition, either diredtly or in- " dircdtly for the fupply of thefe great and important Affairs of his Ma- " jefty, which for the reafons formerly made known unto you, can en- " dure no longer delay 5 and if you fhall not by that time refolve oa a " more ample Supply, his Majefty cannot exped a Supply this way, nor *' pro mife you to fit longer together; otherwife, if you do it, his Ma - *' jefty is well content, that you (hall fit fo long as the feafon of the year will permit •, and doth afliire you, that the prefent addition to your fupply to fet forward the work, fhall be no hinderance to yourfpeedy '■' accefs again. *' His Majefty hath commanded me to add this, That therein he " doth expecfl your chearfuU obedience, which will put a happy ilTue to " this Meeting, and will enable his Majefty, not onely to a Defenfive " War, but to imploy his Subjeds in Foreign Adlions, whereby will be " added to them both experience, fafety, and honor. '' Laftof all, his Majefty hath commanded me in explanation of « the gracious goodnefs of his Royal intention, to fay unto you, tiiat he " doth (C Hijlorical ColleBionSo -Si- 22^ " doth well know, that there are amongft you many wife and well tem- " pered men, wellaffeded to the Publick and to his Majefties fervice, "and that thofe that arc willmgly faulty, are not many ; and for the '' reft his Mijefty doubteth nor, but after his gracious Admonition, they " will in due time obferve and follow the better fort 5 which, if they Ihall '' do, his Majefty is moft ready to forget whatfoever is paft. Then his Majefty fpake again. cc C " " I muft withall put you in minde a little of times paft ; you may re- remember, that in the time of my blefled Father, you did with your counfelandperfwafion perfwade both my Father and me to break off the Treaties 5 I confefs I was your Inftrument, for two reafons 5 one was, thefitnefs of the time; the other, becaufe I was fecondedby fo great and worthy a body, as the whole body of Parliament •, then there was no body in fo great favor with you as this man whom you feem now to touch, but indeed, my Fathers Government and mine. Now that you have all things according to your wiflies, and that I amfofar ingaged, that you think there is no retreat 5 now you begin to fet the Dice, and make your own Game 5 but I pray you be not deceived, it is not a Parliamentary way, nor it is not a way t© deal with a King. " Mr Cook told you. It was better to be eaten uf by a Foreign Enemy, then to be Jeftrojedat home ; Indeed, I think 'tis more honor for a King to be invaded, and almoft deftroyed by a Foreign Enemy, then to be defpifed by his own Subjeds. '' Remember that Parliaments are altogether in my power for their Calling, Sitting, and Diftblution ; therefore, as I finde the fruits of them good or evil, they are to continue or not to be 5 And re- member , that if in this time, inftead of mending your Errors, by delay you perfift in your Errors, you make them greater and irrecon- cileable : Whereas, on the other fide, if you do goon cheerfully to mend them, and look to the diftrefted State of Chriftendom, and the Affairs of the Kingdom as it lieth now by this great Engagement 5 you will do your felves honor, you fliall encourage me to go on with Parliaments ; and I hope all Chriftendem fliall feel the. good of it. The Commons upon the Debate of what fell from his Majefty and the Lord Keeper, turned the Houfe into a Grand Committee, ordered the doors to be locked, and no Member to go forth-, and that all Pro- ceedings in all other Committees fhall ceafe till the Houfe come to a Re- folution in this bufinefs. His Majefty being informed that fome things in his own Speeches and the Lord Keepers Declaration were fubjed to mifunderftanding -, commanded the Duke to explain them at a conference of both Houles in the Painted-Chamber, held for th^t purpofe. cc (C W Hereas it is objedted by fome who wifti good Corre- fpondency betwixt the King and People, that to prefix a day to give, or to break, was an unufual thing, 'and " might exprefs an inclination in the King to break -, to remove this, " as his Majefty was free from fuch thoughts he hath dcfcended to make *' this Explanation. That 2 Caroli. The King proceeds. The Duke at Ccnfcrcnce expljins riic Kings Lue Speech and the Lord Keepers De- clarJtioH. lip Hijlorkal CoUeBions. An. 1626. "That as his Majefty would not have you condition with htm di- " leAly or indiiedlly, fo he will not lye to a day, for giving further '' Supply •, but It was the prefling occafion of chrijlendomihsx made him " to pitch upon a day. " His Majefty hath here a Servant of the King of Denmark^ and '' another from the Duke of Wejmcr^ and yefterday received a Letter " from his Sifter the Queen of Bohemia -, who fignified, that the King ''of Pf«w4;j(rhathfentan Ambaflador with Power to perfcdl the Con- " tratft which was made at the Hague-, foit was not the King, but time and the things themfelves that prefl'ed a time. '' Therefore his Majefty is pleafed to give longer time, hoping you " will not give him canfe to put you in minde of it again, fo that you " have a greater Latitude,if the bufinefs require to think further of it. " I am commanded further to tell you,that if his Majefty fliould accept "of a lefsfum thenwillfuffice, it will deceive your expedations, difap- ''pointhis Allies, and confume theTreafuie of the Kingdom: whereas " if you give largly now, the bufinefs being at the Crifi?,it comes fo feafo- " nably, it may givea Tiirn to the Affairs of Chrifiendom. ''But while we delay andfuffer the time to pafs, others abroad will " take advantage of it, as the King of Sfain hsvh done by concluding a " Peace, as 'tis though, in Italy for the Vatoline, whereby our work is "become the greater, because there can be no diverfion that way. " As it was a good Rule to fear all things and nothing, and to be Li- " beral was fometimes to be Thrifty ^fo in this particular,if you give largly, *' you ftiall carry the War to the Enemies door, and keep that Peace at " home that hath been : Whereas, onthe contrary, if you draw the War " home, it brings with it nothing but difturbance and fear, all Courfes of Jufticeftopt, and each mans Revenues leflened, and nothing that can be profitable. "Another Explanation I am. commanded to make touching the grievances, wherein his Majefty means no way to interrupt yourPro- " ceedings, but hopes you will proceed in the antient wayes of your '' Predeceffors ; and not fo much feek faults j as the means to redrcfs " them. ''lam further commanded to tell you. That his Majefty intends to " eletfl a Committee of both HouCes, whom he will truft to take the view " of his Eftate, the Defcds whereof are not fo fit for the Eyes of a " Multitude ^ and this Committee will be for your eafe, and may fatisfie " you without cafting any ill odour on his Government,or laying open any '' weaknefs that may bring fhame upon us abroad. That which is pro- " poled is fo little, that when the payment comes, it will bring him to *' a worfe eftate then now he is in 5 therefore wifties you to enlarge " it, but leaves the augmentation to your felves 5 but is forry , and '' toucii'd in Confcience, that the burthen fliould lie on the pooreft, '' who want too much already ^ yet he will not prefcribe, but wilh, that " you who were the Abettors and Counfellors of this War, would take a " greater part of the Burthen to your felves •, and any man that can finde ," out that way, fliall iTiew himfelf beft afFe(5led, and do the beft fervice " to the King and State. (C (C The Duke then made his Addrefs to them in his own behalf. My B D / B D Hi^orical CoUeHions. ^ I iC My Lords and Gentlemen, YOu were all witnefles yefterday how good and gracious a Mafter I ferve-, andllliall be likewifc glad that you be witnefles how '^^"'^e'^s «", 2 Carelf, The Duke thankful a heart I have. cc account of bis 1 Negotiarion "Andlproceft 1 have a heart as full of zeal to ferve my Mafter, as , in the Low- any man ; and it hath been my ftudy to keep a good correfpondency c°""freys. "betwixt the King and his people: And whatever thought hath been " entertained of me, t (liall not alien my heart from that intention, but " fhall adde fpurs to my endeavors and adions, to vindicate my felf from " ill opinion. " And however I lye under th e burthen of the fame, it lies in your " hands to make me happy, or not •, and for ray pare, I vvifti my heart and " adions were known to you all ; then I aflure my felf, you would refume " me to your good opinions. " When I had with fome hazard waited on my Mafter into Spain, " it is well known what Teftimony I gave of my Religion •, and no man '' tliat comes to a true and near view of my action, can juftly charge me. " Let me be excufed, if I give accompt of this particular when I (hould " fpeak of the general ^ for this goes near my heart, and to diflemble " with my Confcience, no ends of Fortunes in the World can make me " do it : For if I had any ill inclination, I had fuch offers made to me in *' Spain, as might have tenapted me. " If I would have been converted my felf, I might have had the la- "fa»ta to put in my Matters Bed ; and if ray difcontent ftiould have "rifenhere, I might have had an Army to have come with me: But I " thought the offer fooliih , ridiculous, and fcornful, in that point of "Religion. " I will now take the boldnefs to fpeak a little in the general bufi- " nefs -, and I call it boldnefs to fpeak after one who did fo well the other •^^ day : But I had rather fuffer in my own particular, then not refrelh your " Memories wicli that which is materially needful. " I (hall not need to refkd fo far back as to the beginning of thofe " Counfels which engaged my Mafter into the War , they are well " known ; onely I will fo far touch it, as to fay. That the laft years prepa- " rations were not Voluntary, or out of Wantonnefs, but out of Ne- " cefTity. " My Mafter had good intelligence that the King of Spains eye " was malitioufly bent this way, which had been purfued accordingly, if " the employment of the Low-Countrymen to the Bay of To^os los San- " tos had not diverted it. " Now for the Counfel which was ufed for fending out the Fleets, I " will refer you to the Relation of the Lord Comvay, who as well in this "as other Refolucions, can tell you, That nothing was carried with fin- " gle Councils : And for my felf, I know that in all thofe actions no man can ftand up againft me, to fay that I ever did go with fingle Coun- cils, or made breach of any - but have been an obedient Servant and " Minifter unto their Refolutions : The proof whereof will appear in a *' Journal thereof wliicii my Lord Comvaj keeps. " I confefs all Councils were not ever as your felves would, nor have "wifhed they fliould •, if you had known tliem as my Mafter did, "in CC 2^1 Hi^orical ColleBions. Art. 1626' " in whom the former Affairs of State had bred fuch affe6lions, that the " bufinefs bemg altered, they were not to be trufted with the Change. " I will now give you an accompt of all my Negotiations, fince my " being at oxford, both at home and abroad •, and becaufe there it was " charged, that thofe things were carried with fingle Counfels, I was " more careful to adyife the King to have his Counfel with him in the " Country, being to enter into War with an Adive King. " And for my part I did diligently wait on the Council, left all Re- " creations, all perfonal occafions, ftudying to ferve my Mafter, and to '= gain the good opinion of both Houfes. The Council of Woodftock ge- " nerally advifed the going out of the Fleet. And though it were ob- " jet5ted that the Seafon were not fit, yet the adion fliewed the contrary, '' for they all arived in fafety. And for what was alfo objeded, that the " Provifion was not good, experience tells you the contrary -, for the pre- " parations were all good in quality and proportion. " And if theSuccefs were not fuch as any honeft man could widi, I " hope I fhall not be blamed, being not there in perfon, though I made " the greateft fuit for it to my Mafter, that ever I did for any thing : But " his Majefty thought my Service more uleful in the Low-Countreys, to " comfort his Sifter, aud to treat with the Kings of Denmark, Srvsden, " and the States. " And though the Succefs (as I faid) of the Fleet were not anfwer- " able to the defires of honeft men •, yet it had thefe good effects, firft, " It put our Enemy to great charge in fortifying his Coafts •, fecondly, '' They took fo many Ships as caufed many of his Merchants to break, " whereby the Army in Flanders fuffered much •, And laftly, They could " carry no Treafure out to pay their Forces in FUnders. " And for OmifTions of what more might have been done, I leave " that to its proper place and time, and let every man bear his own *' burden. " From o.v/J'r^ the Council went to Soifthampttut, where the States " Ambnffadors did wait often on the King and Council, and a League " Offcnfive and Defenfive betwixt us and them was thought fit to be " refolved on •, whereof fome Reafons I will exprefs, but not all. Firft, " They are of our own Religion •, fecondly. They are our near Neigh- " bors, for fituation fo ufeful , as when they are in diftrefs, it is policy therefore the King thought fit to do it in fuch (C in us to give them reliei- •, cc manner, as might lay an Obligation on them -, which if it had not " been done, they had been preiled with a long War, and fuch a Fadion *' among themfelves, as if the King hud not joyned , and in a manner ap- ^'peared their Protedor, they had broke among themfelves. And in " this the Kings care was not onely of them, but of all Chriftendom, and " of his own particular, "For as before he onely affifted them, hisMajefties care now ufed Arguments to draw them to Contribution ; fo that they bear the " fourth part of the charge of the War at Sea, according to fuch Condi- " tions as by the Lord Chamberlain you have heard. "This League being perfeded betwixt the States and us, hisMa- " jefty by Advice of his Council thought fit to fend me to get fuch a " Leagu.: with the other Princes as I could : The Rendezvous was in the "Low-Countreys, being in a manner the Centre for repair {o'c England, " Franccmi. Germany ^ I had Latitude of Commiflion to make the League " with mort advantage I could. " Now Hi^orical ColkBiom, H^ B D " Now I had difcovered from Monfieur B. the French Ambafl'ador ■' here, that a League Offenfive and Defenfive would be refufed ; and " I found the King of Deww^r/r (lite, and loth to enter into fuch a League "againft the King of Spaiu-^ and fo partly out of Neceflicy, and partly " out of Reafon of State, I was forced to conclude the League in general " Terms , for the reftoring of the Liberty of Germany, without naming " the King of Spain, or the Emperor, that other Princes might come in ^ " and this to continue till every one had fatisfaftion, and nothing to be " treated of, debated, or concluded on, but by confent of all parties. It "did appear, that the Charge was fo great, that the Kingdom could not "endure it-, and therefore I endeavored in the Low-Countreys tolefifen " it, and fo the Sea charge was helped, and the Land afliftance given unto " them, is to ceafe Six moneths hence, which the Lord Conway faid was " to end in September next. "Alio by this Treaty it is conditioned with the K.mgoi Denmark, " That when my Mafter fhall by Diverfion equal to this Contribution " with his own Subjeds, enter into an Adlion, then this Charge to ceafe : *' Or if the Kmg of France maybe drawn in, of which there is great hope " (though he hath now made peace in Italy) for that the policy of France " may not give way unto the greatnefs of the Houfe of Jitfiria, and am- " bicion of Spam , whofe Dominions do grafp him in on every fide. '*Andif the bufinefs be well carried, bis Engagement to the King of " Denmark may draw him in •, fo there is great poflibility of eafing our " C harge. " But all is in the difcreet taking of the time ; for if not, we may *' think the King of Denmark will take hold of thofe fair Conditions " which are each day offered him -, and then the Enemies Army will fall " upon the River of Blve^ and (the Lord Convs>a)iMtd) upon Eafi-Friez- " Und, from whence they would make fuch progrefs, as (in my poor ex- " pcrience) would ruine the Low-Countreys. "And thus I think I have fatisfied all of you, or at leaft given an "account of my Negotiation in the Low-Countreys, with the King of " Denmark, Sweden, and the reft. "Idiould be glad before I end, to fay fomewhat of myfelf, but I " fliall requeft your favorable conftrudion , for I have been too long al- " ready ^ but I fear I ftiall offend, and therefore I will reftrain my felf to "generals. "If in any of thefe employments, my Errors may belliewed me, I " fhall take him for my beft friend that will manifeft them in particular 5 I " have bent all my thoughts on nothing but my Matters Honor, the Ser- " vice of the State, and fafety of them both. I never had any end of "mine own, and that may be perceived and proved by theexpenceof " mine own eftate. I am afhamed to fpeak it, and it would become an- " other mans tongue better then mine own. " My Journey into Spain, was all at mihe own charge ; my Journey " into France, was at my Mafters charge 5 my Journey into the Low- " Countreys, was all at mine own charge. " I am accufed by common Fame, to be the caufe of the lofs of the " Narrow Seas, and the damage there fuftained. That I can fay, is this, " Since the War begun with Spain, I Iftve always had Twelve Ships on " the Coafts, and allowance but for Four, the reft my own care fupplied. " And for the Office of Admiral, when I came firft to if, I found the " Navy weak, not negledled by my Noble PredecelTor (for I cannot fpeak Hh "of 2 Caroli. Z34- Htftorical CoUeBions, An. i6z6. "of him, but with honor •, and I (hall defire to go to my Grave with the '' honor he carried hence) but by the not paying of moneys in time, <' there were fuch defers his care could not prevent •, that if the War <' had then broken out, there would have been found few Ships, and « thofe unferviceable. I was firft perfwaded to take this Office by per- <■< fwaCionoi Sir: Robert MunfeU, and though I objeded I was yong, and ''unexperienced, yet he faid that by myfavorwithmy Mafter, I might fr annum j which comes not to my " hands, but goes into its proper ftreams, and iffues from the Officers to " that purpofe deputed. " Now if any can fliew me a Project, how to maintain War againft. « Sfain, FUnderSy and the Turkilh Pirates, with lefs charge, he fhall do " a great work and good fervice : I have had fometimes Twenty, fome- " times Thirty Ships, though fometimedifaftred by Tempeft, which dif- « perft the Hollanders Ships, and caufed them t© cut their Mafts, and for- « fake their Anchors. " There are now Twelve Ships viftualled for two Moneths 5 and " though many Reports have been , that they do not do their duty, yet '' I have advertifed them thereof from time to time, and finde no fuch "fault in them. " There are Thirty Ships more at P//wtf»/^,vi<5lualIed for fix Moneths, " and Ten more ready, fo foon as they may be vidualled : I have been " fo frugal of making ufe of the old remain, that there is no need of Am- " munition, or other neceffaries. " Befides all thefe, there are Twenty Ships to come from the Low- " Countreys •, fo you have Twelve, Twenty, Thirty, and Ten more, *' which I think you have not heard of. "And therefore if any have blamed me, I do not blame him, but " think he hath done well •, but when you know the truth, and when ail <' this fliall appear, I hope I Qiall ftand right in your opinions. " Gentlemen, It is no time to pick quarrels one with another 5 we "have enemies enough already, and therefore more neceflary to be well "united at home. " Follow not examples, atleaft not ill examples oi Cendomar and " Tnojofa, who would have had my head, when you thought me worthy. " of a falute. Now though I conkfs there may be fome Errors, I will "notjuftifiemy felf; yet they are not fuch grofs defeds, as the World " would make them appear. I defire they may be admitted Cum Nota. " They are no Errors of Wilfulnefs, nor of Corruption, nor oppref- "fing of the People, norlnjuftice, but the contrary-, and then may I " fay, for what good done by me, do I fuffisr < " And now I might Anfwer more particulars, but I have been long, " and fo will forbear •, and will c#nclude, if your Supply anfwer not your '' Promifes and Engagements to my Mailer - you will make this place " which hath been in Peace when others were in War , the Seat of War " when others are in Peace. '• Now Hisiorical CoUeBiom. B D ^^ " Now Gentlemen, You chat were Antient Parliament-men when " this Council was firft given, ftrive to make good your own Engage- " ment, iov the Honor ot" your King, and your own fafety. Let Religion, " in which I would be glad to be more watchful and induftrious then any, " unite your hearts both at home and abroad-, and you that are yong men, "may inthefe active times gain honor and reputation, which is almoft " funk, and gain the Antient Glory of your Predeceflbrs : And remem- " ber it is for'i-eftoring to her Inheritance, the moft virtuous Lady I think " in tfie World. " I have nothing more, but to intreat your charitable opinion of me " and my anions. i Caroli, For the further vindicating of the Duke, the Lord Co/imy ftood up and faid, cc ) THat whereas divers jealoufies have been raifed in the Houfe, that the Moneys have been expended unufefully and without Coun- cil-, himfelf who was the onely Secretary, and had the hand in "guiding the bufinefs, could beftgiveanaccompt of it. " When King ^ames of glorious Memory, at the Requeft of both " Houfes, had broken both the Treaties, he confidered how to maintain " the War •, for he faw that the King of Spain was awaked, and that the " Palatinate muft be got by the Sword, and that Spain would oppofe it " with all the power they could •, and computing the charges, found the *' Subfidies granted too (hort 5 for that it could not be done without an • *' Army of Five and twenty thoufand Foot, and Five thoufand Horfe, " which would amount to Six hundred thoufand pounds for the Armies ^ yearly, and Three hundred thoufand pounds for the Navy •, but finding " all his means lliort, and as the Proverb is. Net knowing of what Wood to " make his Arrows to hit the Mark withal, Count Mansfield ftirrcd up by his *' own judgment came over and made overture, That for Twenty thou- " fand pounds a moneth he would raife an Army of Thirty thoufand men , "and draw in the French King, Denmark, Sweden, Venice, Savoy, the " Cantons of the 5iv/Vz,erj perhaps, and fome other ' vindi- cates die Duke. cc 1^6 Hifiorical CoUeBions, An. \6i6. A Lift of Moneys dif- burfed for the war. Dyet, and fent T/Z/y to Friezland, and to take up the River of Emh- " de» •, which if he had obtained, they would have trampled the Low- " Countreys under foot , and would have become Governors of the " Sea. " Upon this the King of Detimark fent to onr King, and offered to " raife an Army of Thirty thoufand men, if our King would allow Thirty " thoufand pounds a Moneth, and faid, He would admit no time of re- " fpite •, for if Tilly had not been prefcntly met and headed , all had " been loft. Whereupon our King called a Counfel , and appointed "CommilTionersj and from that time all the Warrants for the ifliiing "of the Moneys, were all under the Kings ownhand to the Council of " War, and from them to the Treafurers •, and the Warrants were from " the Lords of the Council for the Levying of Men, and for Coats and " Condud-Money. A Lift whereof is hereunder fpecified. Thereupon the Duke asked the Queftion , Whether any thing was done by (ingle Council. To which the Lord Conrvay anfwered , " No. For the Treaty of ■^ Denmark, Projed of Count Mansfield, Treaties with France, and the • bufinefs of the Navy, were done all by the King himfelf ^ and who can fay it was done by fingle Council, when King ^ames commanded it , whofe Council every man ought to reverence, efpecially in matters of War, whereunto that King was not hafty tf The Total of Moneys paid by Warrants of the Treafurers of the Subfidy Money. T N Toto for the Four Regiments of the Low- 7 I Countries,fromtheThirtieth of 5P«Wji624.V 99878 1, 00s. o^d, J till the One and twentieth of ^uly , 1624. 3 For the Navy, from the Thirteenth oi^uly, 1624. ? . ^ , till the Three and twentieth of Df^w^fr. <3753 • • 4 • For the Office of the Ordinance and Forts in 7 England, from the Twentieth of 5^«/y, 1624.V47126 1. 05 s. 05 d. till the Fifteenth of ^une,\6z 5. j To defray Charges for Forts in Ireland, about],2205l 18 s. 04 d O^ober, 1624. J For the Service under Count j»f4»j^c/<^5 for Pro--) vifions of Arms •, tranfportmg of Soldiers, Gj^^^j j-5 ^^ from the Fourth ofO(f7o^fr,i624.till the Tenth V^ • :> • *t • of December, 1^24. Sum Total 2784971. 04 s. ii d. '■'■\MEmerandum, That oyer and above the feveral Services before '* IVi fpecified, and the feveral Sums iflued, and to be iflued by our '' Warrants for the fame, We did long fince refolve and order according- '' ly, that out of the Moneys of the Second and third Subfidies, thefe fur- *' ther Services fhould be performed , and Moneys ilTued accordingly, " In full of the Supply of all the Forts and Caftles before-mention- ed (Surveyed per Sir i?;fW<^ ii/m/o», S'lv^ohn Ogle, Sir -^ohn Kaf, in September, B cc D Hijlorical CoUeUions, ^37 B D '■'•September^ 1613.) with all forts of MuQitions according to feveral " Proportions and Warrants tor the fame • ^py^ 1^ " In full for the Reparations of all the faid Forts and Caftles accord- " ing to the faid Survey ^ — 10650 1. 06s. o8d. '' But the fud Subfidies being not like to afford means to perform " thefe (o neceffary Works, We humbly commend the fupply of what " fliall be wanting for the fame unto your Majefties Princely confidera- " tion. Whileft the Commons were inquiring into Publick Grievances, the Lords reprefented to the King a Grievance to their own Order in this fol- lowing Petition. To the I\Jngs mojl Excellent MajeUy. The Petition of your ever Loyal Subjed;s, the Lords Spiritual and Temporal now in Parlia- ment Aftembled. In all humility (hcweth, f-w^^\^^i tobcrca;? ttie ^r0 anD iSobilitp of tW £^our fetnsDom of I England,t)at)c ^ecctofo^c uiCttiUtp pctlDeD as to aranger;^ ^it' X ceDencp, accoiDuifl to tijcir federal Degror^, unto fuctj ^oble0 of Scotland ant) Ireland, a0 being in Cities abobe tbem, batje refoiteD l^ttbcr. Jl3Dto Diberjs of tbe natural bo?n Subjects of tbofe Ktngtioniiei reOOent bete toitb tbeit FamiUe/5,ani) babing tbcic cbeif ^Qatce among U0, Dobpreafonof fomelatecicateb DigmtieiS intbofefiimgDomg of Scotland anb Ireland, claim p^cceDcncp of tbe Pac0 of tbi0Eealinj tobicb tenD0 botb to tbe Ditretbitc of ^ouc ^ajeop, anD tbefe ilealnis, anD to rbc great bifpacagcment of tbe OEngliCf) l^obiUtp, 30 bp tbefe Eeafon0 map appear. I. at t0 a nobeltp toitbout p^eQDent,tbat men flijouID inbertt i^ono^0 tjob^re tiDcp poa^£:f0 notbtng clfe, II. 31ti0iniuriou0 toibofe €ountre)?0 from tobence tbeir €itle0 areberibeD, tbattbeplSoulD babe a 5Jote in parliament, toberetbep babenotafcotof lanD. III. 3Iti0agriebance to tbe dountrp tobere tbep inbabite, tbat menpofrcfemgberp large fo^tune0 anDCOate0, a;oulo bp reafonof jFo^eign Cttle0,be ejcempteb from tbofe ®erbite0 of CrudanD Cbarge, ' tobtrb tb?ougb tbctr Default become greater p?ea'ure0 upon otber0 bobo bear tbe burtben. IV. 3fti0aO;ame to l^obilitp, tbat^erfon^ DignifieD battb tbe Cities of Barons, vifcounts, &c. c^oulD be obno]ciou0 anD erpofeD to at' ren, tbep being ui tbe bteto of tbe lato no mo?e tben mccr ^lebetan0. 2iae tbcrcfo?e bumblp beftrcb pour ^9)aieap, 'Cbatpou \uill be plea^ fcD at co?Ding to tbe e)iample0 of tbe bcil p?mce0 anD tinie0, upon cou' aoerationof tbefe mconbentencis rep?efenteDto^our^ajeap, bptbe nearefl OSoDp of i^ono? to J^our S^ajeQp^ tbat fome courfe map be tafecn, anD an o^Drr rimelp fctleD tbcrctn bp ^our #?UKtlp CBifDom, fo as tbe inconbenience to.^our ^ateflp map bep?ebenteD, anD tbe p?emDiceanD Difparagemcnt of tbe ^crrs anD il^obilitp of tbi0 IftingDom be reD?cercD. To 2 CaroU- The Lords Peticion touching Pre- cedency, cha- lenged by Scots and Irilh Nobles. 2;8 ■i Historical CoUeBions, An. 1626. The Lord Ccmvays Let- ter to the Earl Of Briftcl. 1 -I To this Petition the King gave Anfwer, That he would take order therein. The Earl of Brtflol who continued under Reftrainr, and was debarred Accefsto hisMajeily ever fince his return out of Spain, had been exa- mined touching his Negotiation there, by a Committee of Lords ap- pointed by the King. Certain Propofitions were tcndred unto him in order to his Releafe, and compofing of that Affair, concerning which he had written to the Lord Conrvay, and about this time received the en- fuing Letter from him. The Lord Comvay to the Earl of Bristol. I Received a Letter from your Lordf})if, dated the Fourth of this Montth, rvrttten ia Anfwertoa former Letter rvhtch I direlled to your Lordfhip hj his Majefties Commandment. This lafl Letter according to my duty I have flyewed unto his Majeftj, mho hathperufedit, and hath commanded me to write back to you again, That he findcs himfelf nothing fatisficd therewith. The ^neftion propounded to pur LordfJjtp from his Majc(ly, was plain and clear, whether you did rather chufe to fit fli/l without being queftioned for any Er- rors paft in your Negotiation in Spain, and enjoy the benefit of the late gra- tioti'S Pardon granted in Parliament, whereof you may have the benefit : Or whether for the clearing of your Innocency (whereof yourfelf and your friends and followers are [0 confident) you will be content to wave the advantage of that Pardon, and put your fclf into a legal way of Examination for the Tryal thereof? His Majeflies purpoje thereby, is not topnventyouof any favors the Law hath given you 1, but if your Affurance be fuch as your words and Letters import, he conceives it Jlands not with that Publick and refolute Prof ef ion of your Integrity to decline your Tryal. His MajeBy leaves the choice to your felf, and requires from you a dtre£i Anfwer without circumlocution or bar- gaining with him for future Favors beforehand ^ but if you have a defire to make u(e of that Pardon which cannot be denied you , nor is anyway de fired to be taken from yeu, his Majesty expeBs you fhould at the leafl forbear temag- ni fie your Service , and out of an opinion of your Innocency , caflanafper- fion upon his MajeBies Justice, in not affording you that f re fent fulnef of Liberty and Favor which cannot be drawn from him, but in his good time and according to his good pleafure. Thui much I have in Commandment to wrift to your Lordflnp, and to require your Anfwer clearly and plainly by this Meffenger fent on pur f of e for it, andfo /remain B Whitehal, z/^ March. 162^. \ Tour Lordjhips humble Servant Edw. Conway. D The Earl of Briftols Letter to the Lord Conn-ay. I My Lord , Have received yeur Letter of the Four and twentieth of March, the Twen- ty eighth ; and I am infinitely grieved to under fiand that my former Anfwer to yours of the Fourth of March, hath not fatisfied His Majefly , which I will HMorical ColieBions, ^9 B D ni ,,. II endeavor to do hphU, to the be(t of mj under (landing. a»d to that end fha/lag fiver to the particular foints ofjourprefent Letter, rvith the great eft clear- nef I am able, Firft, Where.fi jott [ay in your Letter, that the ^ejiion propounded to me noas plain, and dear , viz. whether I would chufe to fit ftill without being queflioned for any Er- rors pafl in my Negotiation in Spain , and enjoy the benefit of the late gra- tio/fs Pardon, whereof I may take the benefit i' Or whether being contented to wave the advantage of that Pardon, I fJwuld put myfelf into a legal way of Examination for the Tryal thereof? c^c* Firft, If our Lordlhip may be ^leafed to remember, that your lafl Prepofi- tionw/u, whether I dcfiredtoreflinthe Security I wa4 in , which you now ex- pref, whether I will chufe to fit flill ? Secondly, Tour Prepofition wot. Whether I would acknowledge the gra- tious Favor of his Majefly that now is, who had been pleafed not to quefiion my aElions •, when tt is befl known to your Lordjhip, That by a Commifion of the Lords , I was queflioned upon Twenty Articles , divers involving Fe- lony and Treafon. Although it be true, Tkttwhen Ihadfo anfwered (as I am confident their Lord^nps would have cleared me) I was fo unhappy as their Lordfi)ips never met more about that bufmefs. ' But now your Propofition is, Whether I will now chufe to fit ftill without being further queflioned for Errors pa ft, whereas before it was required I fhould acknowledge that I had not been queflioned at all , which is a different thing? But conferring both your Letters together, and gathering the fenfe and meaning by making the latter %an Explanation of the former, which I could have wifhed your Lordfhip would have mere clearly explained, I return unto your Lordflnp this plain and direct Anfwer. That under fianding by the Security I am in, and fitting flill, and not be- ing further queflioned, I am reftored to the bare Freedom and Liberty of a Subject and Peer (For a man being called in queftien by his Majefty , if after his Majefly flull be pleafed out of his goodnefs , that he reft; quiet and fecure, and that he fball not be further queftioned, I conceive that it is not apparent that his liberty naturally revolveth unto him, when by his Majc flies Grace he is fie a fed to declare, he fhall not be further queflioned, but may live in further Security.^ So that under flanding your Letter in this fort {fornodireB Anfwer can be made, until the fenfe of the ^eftion be truly ftaftd) I do mofi humbly acknowledge and accept his Majeflies Grace and Favor , and [hall not wave any thing that f])all come to me by the Pardon of the 2 1 Jac. Regis, nor by the Pardon of his Maje flies Coronation-^ and am fo far from bargaining, as you are pleafedto expref it for future favor (though I hopemy humble and fubmifive courfes of Petitioning his Majefty, neither hath nor f])all defervefo hard an exprefion ) that I flull not pre fume fo much as to pref for any favor , until my dutiful and loyal Behavior may move his Majeflies Royal and Gratious Heart thereunto , but receive with all humble- nef this my Freedom and Liberty ; the which I fJjall oncly make jtfe of in fuchjort , as I Jhall judge may be mofl agreeable ta his Majeflies plea- fure. Ai for the fecond part of your Letter , wherein you fay, That if I de fire to make ufe of that Pardon, his Majefty experts that I (hould at leaft forbear to magnife my Services -, or out of an opinion of my own Innocency caft an afpcrfton upon his Majesties ^uBtce. To this point I anfwer. That as I hope I fhall never err c in that jort of immodefty of valuing my Services, which I acknowledge 2 Caroli, l^O Hislorical ColIeHions. An. 1626. The Earl of Briftol petiti- ons the Houfe of Lords. . The Petition referred to the Committee of Pnvikdgcs. acknowledge to Inwe hecn accompanied with infmte rveakne^es und difabilities •, fo I tra(i It fha/l not d/fpleafe, that / make nfe to mine own comfort, and the honor of my Pofteritj, of thofe many Written Teflimonies rvhich m) late mo ft BlcjfedMaftcr hath left me, of his gratioua Acceptance of my Services for the fpace of Twenty years. So likervife I hope themodeft avowing of mine Inno- cency will not be thought to caft any afferfion t^fon his Majefties Honor or ^ufltce. I mo ft freely confc(s unto your Lord ftip, I ammnch affticiod to (ee Inferences of this nature made, iothinyoitr Lerdftjips haft Letter, and in this. Fo'if it (hall be inferred as a thing reflecting upon the Kings Honor, that a man (jttefti- oned, ftjall not endeavor to defend his own Innocency, before he be convtU , it will be impoftble for any man tobcfafe-^ for the Honor of his Ma^'eliy is too Sacred a thing for any Su-bje^, how innocent foever, to contelt against. So like- wife, God forbid that it ftiould be brought into Confeqttences, (as in your former Letier) <*f a Tax upon the Government and ^tiftice of his late Majefty, and Majefty that now is , that iftwuldhave (uffered jo longtime, not being gitilty. For as I never have been heard fo much as t-o repine of Injtiftice intheir Majefties in all my fitfferings , folivell know. That the long continuance of yny troubles may well be attributed unto other Caufes'^ as to my own Errors of Pajiion, or other Accidents : For your Lord(hip may well remember. That my Affairs were almost two years ftnce upon the point of a happy Accommodation, had It not been interrupted by the unfortunate miftaking of the Speeches I ufed to Mr. Chrk. I jhall conclude by entreating your Lordft)ips favor. That I may under ftand from yoUf as l hope for my comfort, that this Letter hath given his Majejly fatis faction % or if there [hould yet remain any fcruple. That I may have a clear and plain figniftcation of the Kings pleafure , rvhich I jhall obey with all Humility, Tour Lordft>ips humble Servant j Br I S T O L. The Earl of Briftol petitions the Houfe of Lords , {hewing , That hebeingi»a Peer of this Realm, had not received a Summons to Parlia- ment, and defires their Lordrtiips to mediate with his Majefty, that he may enjoy the Liberty of a Subjed, and the Priviledge of his Peerage, after almoft two years reftraint, without being brought to a Tryal. And if any Charge be brought in againft hira, he prayeth that he may be tryed by Parliament. The bufinefs is referred to the Committee of Priviledges, and the Earl of Hartford reported from that Committee, That it is neceffary that their Lordlliips humbly befeech his Majefty, that a Writ of Summons may be fent to the Earl of Briftol •, as alfo to fuch other Lords whofe Writs are ftopped, except fuch as are made uncapable to fit in Parlia- ment, by Judgment of Parliament, or fome other Legal Judgment. Hereupon the Duke fignified to the Houfe, That upon the Earl of Briflols Petition to the King, His Majefty had fent him his Writ of Summons : And withal, he Ihewed to the Lords the Copy of a Letter written from the King unto the faid Earl, being as followeth. We B D Hi^orical ColkBions. 24.1 \\r J ^ have reccivedfoiir Letter addrefjed unto us by Buckingham, \/'i/ and cannot btit wonder^ that yen fhouU through forgetfitlnefs make rcqticfltoHs of favour, as if you (load evenly capable of it, when jou knojv what your behaviour in Spain defcrved of us, which you are to examine by the obfcrvations ne made, and knew you well remember -^ how at our firsl coming into Sp^in, taking upon jcutobe fo wife ivs to forefee our intention to change our Religion ^ you were fo far from diffwadingus^ that you offered your advice and fecrefie to concmre in it ^ and in many ether Conferences prcfing to fhcw how convenient it w.ts to be a Reman Catholick -^ it being impofible in your opinion to do any great action otherwife : And how much wrong, difadvan- t age, and differvice you did to tfie Treaty, and to the Right and Inter e ft efeur dear Brother and Sifler, and their Children ^ what dijadvanta^e, inconvenience and hazard you mt angled us in by your Artifices^ putting off and delaying our return home \ tfje gr£at eflimationyou made of that State^ and the low f rice you fet this Kingdom at ^ jit II maintaining, that we under colour df friendfhip /tf Spain, did what w^s in our fewer again fl them, which you (aid they very well knew : And lafl of all^ your approving of thofe Conditions, that oar Nephew fhould be brought up in the Emperors Court ^ to which Sir Walter Athzon then fiid, that he dnrfl not give his confent^ for fear of his head -^ you replying unto him^ that withmit fome fuch great A^ion^ neither Marriage nor Peace could be had. Upon the receipt of the Writ, Briflol again Petitions the Houfe of Lords, and annexes to his Petition the Lord Keepers Letter, and his own Anfwer thereto, and defires to be heard in accufation of the Duke, The humble Petition offohn Earl of^rifloL Humbly fliewing unto your Lordfliips, Trpatt)cDat^{atHptcceil30D^i^QHrit of parliament, fo?toI)tcI) \)t veturnctf; unto pour Lo^DCfjipj^ mod fjumlilc ttjanl?^;, but ioiPntlptoitU tt a Letter from mp lo?D IHcepcr, commanDing liim in tii;5 ^a)cQic0 name to forbear (jigpcrConal attendance 5 anD altIjoug;DDeO;an eter obep tbe*lea« intimation of \)i!S ^ajenie^ plea^ furc, pet be moa bumblp cfferetb unto pour lLo?D0jip)3 twife conQDcrati' on^y, a<3toobisba point fo? btm, boto fartbi^map trencb upon tbe Libertp anD ©afetp of tbe^eer0, anD tbe 9utbo?ttp of tbeir ILetter^ patents, to be in thiis fo^t DifcbargeD bp a letter mif^ilje of anp Subjeatoitbout tbc i\mall conclude with beseeching your Lordflip to do me this favor, to let his Ma- jefly under fland that my coming up is onely rightly to under fland his pleafure, whereunto I fhall in all things mofl dutifully and humbly conform my felf ■• And fo with my humble fervice to your Lordfhip, I recommend you to Gods holy Pro- tection, and remain. Shcrliorn, April 12. 1626- Tour Lordfhips mofl humble Servant. BRISTOL. Hereupon the Lord Keeper delivered this MefTage from the Kin£> to the Houfe of Lords. " T^Hat his Majcfty hath heard of a Petition preferred unto this Houfe " I- by the Harl of Brtflof fo void of duty and rcfpeds to his Majefty, " that he hath great caufe to punilh him •, That he hath alfo heard with " what duty and refpe(ftrulners to his Majcfty their Lorddiips have pro- " cceded therein, which his Majefty conceiveth to have been upon the I i 2 " know- £4|_ 2 Carol/, A McfTagc from the King to the Houfe of Lords. H4- Hijlorical CoUeBions. An, 1626. (C The Mar/hal of Middlefex'i Petition touching Priefts. knowledge they have, that he hath been reftrained for matters of State •, " and his Majefty, doth therefore give their Lordfliips thanks for the " fame, and is refolved to put the Caufe upon the honor and juftice of " their Lordfhips and this Houfe. And therefore his Majefty command- '' ed him (the Lord Keeper) to fignifie to their Lordihips his Royal " pleafure. That the Earl of Bnftolhe fent for as a Delinque-nt to anfwer " in this Houfe his Offences, committed in his Negotiations before his ' Majefties being in Spain, and his Offences fince his Mijefties coming " from Spain, and his fcandalizing the Duke of Buckintrham immediate- "ly, and his Majefty by refledion, with whofe privity and by who^e " diredions the Duke did guide hisAdtions, and without which he did '' nothing. All which his Majefty will caufe to be charged againft huti " before "their Lordftiips in this Houfe. The Lords appointed a Committee to attend the King, and to prefent their humble thanks to his Majefty for thetruftand confidence he had placed in the honor and juftice of their Houfe. About this time the lAzx{^ii\oi Middlefex petitioned to the Com- mittee of the Houfe of Commons, touching his refiftance infeifing of Priefts goods. A Warrant was made by Mr Attorney General to ^ohn Tendring Marflial of Middkfex, and other therein named, to fearch the Pri- fon of the Clink, and to feife all Popifh and Superftitious matters there found. A Letter alfo was diren Eopal p^efence, anD Mqiz tiotO Tpoufeis of parliament, j-Ctiat neber King tnajs mo?e lotting to fjic; people, no^ better affecteD I to tl3c rigbt ufe of ^arltament0 •, tuittial p^ofrCfmg pour moQ gracious refo?ution to Ijear anD rcD^cfs cur juS e^icUante^. gnD lyitlj like com- I ^ , fo?t to the King in Anfwer to his Majcftics, and the Lord Keepers Speech. 24-8 Hijiorical CoUeBiotis. Art. 1626. fD?t toe acfenotDlcDge pout ^aicnic^ gcotincfs flaming at t\)t betp cii' trance of pouv aio?tou0Ecign, in conimant)tng ttie Cjcftimon of tt)c !Lato0 cnablin;cD to p?efcit)c ttic trueEeliston of ^ilmiflljtp Hat the faid Earl being trafted and employed by the faid late ■ King as his Ambaffador to Ferdimndo , then and now Emperor -M- of Germany 5 and to Philip the Fourth, then and now King of Sfain, in Amis \6ii. 22. and 23. And having Commiflion, and parti- cular and fpecial Diredion to Treat with the faid Emperor, and the King of Sfaitt, for the plenary reftoring of fuch partsof the Dominions, Ter- ritories, and PofTefllons of the Count Palatine of Rhine, who married with the moft Excellent Lady Eliz,abeth his now Royal Confort, the onely Daughter of the faid late King ^ames r, which were then wrong- fully and in tioftile manner taken, and pofTefled with and by the Armies of the faid Emperor, and Kmg of Spain , or any other - and for pre- ferving, and keeping fuch other parts thereof as were not then loft, but were then in the protection of the faid late King ^ames, and to the ufe of the faid Count Palatine and his Children : And alfo to Treat with the faid King of Spain for a Marriage to be had between the moft High and Excellent Prince Chads, then Prince of Wales, the onely Son and Heir Apparant of the faid King ^ames, and now our moft Soveraign Lord, and the moft Illuftrious Lady Donna Maria the Infanta of Spain, Sifter to the now King of Spain ; Ht the faid Earl contrary to his duty and Al- leagiance, and contrary to the truft and duty of an Ambaftador, at Jtf4- uk^ o^Buckingham, bearingDate the Firjl day oflsA^Yy ^^^^' I f->g-m^ Hat the Duke of Buckingham did fecretly combine with the I Conde of Condomar AmbalTador for the King of S^ain, before jL his the faid Ambafladors laft return into Sfain, in the Summer An.\6%z. To carry his Majefty ( then Prince ) into Sfain, to the end he miqht be' informed and inftruded in the Roman Religion, and thereby hsve perverted the Prince, and fubverted the true Religion eftabliflied in England: From which mifery this Kingdom ( next under Gods mercy ) hadi by the wife, religious, and conftant carriage of his Majefty been al- moft miraculoufly delivered, confidering the many bold and fubtile at- tempts of the faid Duke in that kind. II. That Mr.Per^frwas made acquainted therewith and feat into. Stain \ and fuch Meffages at his return framed , as might ferve for a c^round to fet on foot this Confpiracie -, The which was done accordingly, and thereby the King and Prince highly abufed,and their Confents there- by firft gotten to the faid Journey, that is to fay, after the return of the faid Mx. Porter, whichwasaboutthe endof Dfcfw^^r, or the beginning o{ ^andary 1622. whereas the faid Duke had plotted it many moneths before. III. That the faid Duke, at his arrival in Spain, nouriihed the Spanifli Minifters not only in the belief of his own being Popillily affeded, but did ( both by abfenting himfelf from all Excrcifes of Religion conftantly ufcd in the Earl of Briftols houfe, and frequented by all other Proteftant Emliih, and by conforming himfelf to pleafe the Spaniards in divers Rites of their Religion,even fo far as to kneel and adore their Sacrament) from time to time give the Spaniards hope of the Prince his Converfion : The which Converfion he endeavored to procure by all means poiTible-, and thereby caufedthe Spanitb Minifters to propound far worfe Condi- tions for Religion, then had been formerly by the Earl of Briftol and Sir Walter A(lon fetled and figned under their Majefties hands, withaClaufe in the King of Spain's Anfwer of Dccemh.12. 1612. That they held the Articles agreed upon fufficient^ and fuch as ought to induce the Pope to the granting of the Difpenfation. IV. That the Duke of Buckingham having feveral times in the pre- fence of the Earl of Bri(lol moved and preffed his late Majefty, at the in- ftance of the Conde of Condomar, to write a Letter unto the Pope, and ' to tliat purpofe having once brought a Letter ready drawn, wherewith theEailof£n/?tf/ by his Majefty being made acquainted, did fo ftrongly oppofe the writing of any fuch Letter, that during the abode of the faid Earl of Eriflol in England the faid Duke could not obtain it •, yet not lon'7 after the Earl was gone, he procured fuch a Letter to be written irom his late Majefty unto the Pope, and to have him ftiled \_ San- Bifimc Fater.~S V. That the Pope being informed of the Duke of Buckingham's inclination and intention in point of Religion, fent unto the faid Duke a particular Bull in parchment, for to perfwade and encourage him in the perverfion of his Majefty then Prince. / ^ Vl.That B D HiHorical CoUeBions. D i6j VI. That the faid Dukes behaviour in Spain was fuch, that he there- by fo incenfed the King of Spain and his MinifterSj as they would admit o'fnoKConGiliation, nor further dealing with him. Whereupon the faid Duke feeing that the Match would be now to his dididvantage, he ea-f deavored to break it. not for any fervice to the Kingdom, nor diflikc of the Match initfelf, nor for that he found (asfince he hath pretended) that the Spaniards did not really intend the faid Match, but out of his particular ends and his indignation. VII. That after he intended to crofs the Marriage, he put in pradtice divers undue courfes •, as namely,makiRg ufe of the Letters of his Majefty ( then Prince ) to his own ends, and not to what they were intended 5 as likewifc concealing divers things of high importance from his late Ma- jefty, and thereby overthrew his Majefties purpofes, and advanced his own ends. VIII. That tlie faid Duke, as he had with his skill and artifices for- B mcrly abufed their Majefties, fo to the fame end he afterwards abufed both Houfes of Parliament by his finifter Relation of the carriage of Af- fairs, as Oiall be made appear almoft in every particular that he fpakc unto the faid Houfes. IX. As for fcandal given by hisperfonal behaviour, asalfo theim- ploying of his power with the King of Spain for the procuring of Favors and Offices, which hebeftowed upon bafe and unworthy perfons for the recompence and hire of his Luft • Thefe things, as neither fit for the Earl of Briflol to fpeak, nor indeed for the Houfe to hear, he leaveth to your Lordfhips wifdom how far you will be pleafed to have them exami- ned 5 It having been indeed a great infamy and diflionor to this Nation, that a Perfon of the Dukes great quality and imployments, a Privy- Counfellor, an Ambaflador,eminent in his Mafters favor,and folely truft- ed with the Perfon of the Prince, ftiould leave behind him in a Forein Court fo much fcandal, as he did by his ill behaviour. X. That the Duke hath been m great part the Caufe of the ruine and misfortune of the Prince P-j/rff/wf and hisEftates, in as much as thofe Af- fairs had relation unto this Kingdom. XI. That the Duke of Buckingham hath in his Relations to both Houfes of Parliament wronged the Earl of Briftol in point of his Honor by many finifter afperfions which he hath laid upon him, and in point of his Liberty by many undue Courfes through his power and pra- ctices. XII. That the Earl of Brifiol did reveal unto his late Majefty both by word and letter, in what fort the faid Duke had dillerved him and abufed histruft: And that the King by feveral ways fent him word, That he ftiould reftaftured he would hear the ftid Earl, but that he ftiould leave it to him to take his own time. And thereupon, few days before his fick- nefs, he fent the Earl word,that he would hear him againft the faid Duke, as well as he had heard the faid Duke againft him. Which the Duke himfelf heard •, And not long after his blefted Majefty fieknt\i and died, having been in the interim much vexed and prefted by the faid Duke. M 111 % Articles a Caroli, 2d8 Hijlorical CoUeBions, \ An. i6z6. The Earl of Eriflols Arci. cics agair " the Lord Conrcaji- inft Articles of the Earl of Briflol agdnjl the Lord » Conway, bearing Date i Mail \6i6. I. ^"T^ Hat the Lord Conrvnj is fo great a Servant of the Duke of Buck- I inghams, that he hath not ftuck to fend the Earl of Brifiel plain ^ word. That if bufiHefTes could not be accommodated betwixt him and the Duke, he muft then adhere and declare himfelf for the faid Duke ^ and therefore unfit to be a Judge in any thing that concerneth the Duke or the Earl. II. That the faid Lord Cenrpay profeiTeth himfelf to be a Secretary of the Duke of Buckingham s creation, and fo acknowledgeth it under his own hand : And although that he be the Kings Secretary of State, and a Privy-Counfellor, he ufually beginneth his Letters to the Duke, \_MoJt gracious Patron.^ III. That as a Creature of the faid Dukes, the faid Lord Conrvaj hath been made the Inftrument of keeping the Earl of Brijlel from the Kings prefence, and of imprifoning of him by Warrants only under his own hand -, for which he cannot ( as the Earl conceiveth ) produce any fufficient Warrant. IV. That by the fpace of Twelve moneths laft paft, the faid Lord Coaway hath been the Caufe of the Earls reftrainr, only by mifmforraing his Majefty, and procuring a Letter of reftraint upon undue grounds : And when it was made apparent unto him, that the faid Earl was reftored to his liberty freely to follow his own affairs by his late Majefty of blefled memory, he replied. That that liberty given him by his Majefty expired with the Kings death. V. That the Earl of 5r/'/?<)/j Mother lying fick upon her death-bed, defired for her comfort to fee her Son, and to give him her laft blefling : Whereupon the Earl wrote to the Lord Conway, to defire him to move the King for his leave ^ which he putting off from day to day, told the perfon imployed, That by reafon of the Dukes ficknefs, he could not find opportunity to get the Dukes leave to move the King •, And having fpoken with the Duke, he made a Negative anfwer in the Kings name. Wherewith the Earl acquainting the King by fome of his Bedchamber, his Majefty was in a very great anger, fwearing the Secretary had never moved lum, and that to deny the faid Earl leave, was a barbarous part •, and thereupon fent him prefently free leave 5 which the Secretary hear- ing of, fent likewife afterwards a Letter of leave, but with divers claufes and limitations di^ering from the leave fent him from the Kings own mouth. VI. That having the bufineffes of the Earl of Brifiols in his hands> and the Earl being commanded by the King toaddrefs himfelf in his oc- caficnsunto his Lordlliip, He would never deliver any Meffage from the faid Earl, without acquainting the faid Duke and receiving his diredions, and in a noble manner of freenels ftuck not to fend him word. VII. That the Earl of Briftol having received from the Lord Conrvay Twenty Interrogatories in his late Majefties name, drawn up by a Com- milTion of the Lords appointed to fearch into the Proceedings and Im- ploiments of the {lud Earl, in which fearch there was more then two moneths fpent, divers of the faid Interrogatories involving Felony and Treafonj Hijlorical CoUeBions, 2 dp B D Teafon •, And his Majefty having been pleafed to afTare the faid Earl both by Meflage and Letters, that upon fatisfadion given to himfelf, and the CommifTioners by his Anfwers, he would prefently put an end to the Earl of Brijiol's Bufinede : The Earl of BrJflol having fo fully anfwered as would admit of no reply; and that many of the Commiflioners declared themfeves to be fully fatisfied : The faid Lord Cofjway [being the Secretary in the CoraniifTion, to whom it properly belonged to call the Lords to af- femble) perceiving the Earl of Brtftol was like to be cleared, never moved for any further meeting,neithcr have they ever been permitted to meet until this day, whereby the troubles of the Earl oiBriHd have been kept on foot till this prefent, and the did Earls Imprifonment hath been enlarged Twenty moneths -, And by the Artifices of the faid Duke of Buckingham and the faid Lord Cormai (as fhall be made appear) the faid Earl hath been infenfibly involved and ftauked into the troubles he is now in, which he doubteth not but your Lordfhips will judge to be a very confiderable Cafe. Vin. That for a colour of keeping the Earl from his lateMajefties prefence, it being pretended after the Anfwer to the twenty Interroga- tories, that there were fome few Queftions more to be added ; whereun- to when he (hould have anfwered, his Majefty fwore folemnly, that without any delay he fhould be admitted to his prefence, and that within two or three dayes he fhould have the faid Queftions fent unto him •, the Lord Conway, notwithftanding he acknowledged under his haad, that he had received his Majefties directions for the fending of the faid Articles, and was often thereunto foUicited on the behalf of the faid Earl, would never fend the faid Queftions 5 and at laft anfwered, That he had no more to do with the Earls bufinefles. IX. Thattl)e Earl of 5r//?o/ being fet free by his late Majefty, to come to London to follow his own Affairs as he pleafed, and thereupon ha- ving his Writ of Parliament fent unto him,without any Letter of Prohibi- tion; but the Earl of Br i ft ol ^^OMt oi his great defire to conform all his adions to that which he lliould underftand, would beft pleafe his Ma- jefty, fent to know whether his going or ftay would be moft agreeable unto his Majefty •, who was pleafed to anfwer by a Letter from my Lord Duke of Buckingham^ That he took in very good part the faid Earls re- ^edl unto him •, but widied him to make fome excufe for the prefent: The which accordingly he did, and moved, That he might have a Letter ander the Kings hand to warrant his abfence •, but under cdlour of this Letter of leave, upon the Earl ofBriftol's own motion and defire, the Lord Gmivayknt a Letter from his Majefty abfolutely forbidding his coming ro Parliament •, and therein likewife was inferred a Clauie, That the Earl fliould remain reftrained, as he was in the time of his late Majefty •, and fo thereby a colour of reftraint under his Majefties hand was gotten, which Gould never be procured in his late Majefties time •, whereby the Earl of Briflol hath^ been unduly reftrained ever fince , without being :ible to procure any rcdrefs, or to make the Lord Conway willing to un- derftand his Cafe, although he fent him all the Papers, whereby he might cleatly fee, that the Earl was not under reftraint in his lateM:^- jcfties time •, but never other Anfwer could be procured horn him, but That he judged the faid Earl to be under reftraint, and that his Liberty was expired by the late Kings de?.th, as is aforefaid. X. That the Lord Cowrvrfjr, knowing- that the Match for the mar- rying of the King of Bohemias eldeft Son with the Emperors Daugh- Caroli. 270 Htslorkal ColleBions. \An. 1626. A MtlTage from the King to the Lords concerning Brijlori Arti- cles againfl the Duke. ter, and being bred in the Emperors Court, was allowed and propound- ed by his late Majefty : And that his Majefty by his Letters unto his Son- in-law, dedareth. That he thinketh it the faireft and cleareft way for the accommodation of his Affairs, and that he will take fufficient care for his breeding in true Religion. And notwithftanding that the faid Earl received a Copy of the faid Letter by the late Kings order, with other Papers, fetting down all that had been done in the faid bufinefe, and his Majefties aflent thereunto from the Lord Contvay himfelf-, yet hath he fuffered all to be charged, as a crime againft the Earl of Brijlol^ both in the twentieth Interrogatory, and in his Majefties laft Letter, that he lliould confent to the breeding of the young Prince in the Emperors Court. And further in the Interogatory he alledgeth it as an aggravation againft the faid Earl, That the breeding of the faid Prince in the Em- perors Court inferred to the perverfion ot his Religion,when he knew that his faid breedmg was never thought nor fpoken of by the Kin^, nor any other, but with that exprefs Claufe and Condition, Tlwthelhould be bred in his own Religion, and have fuch Tutors and Servants, as his Father Qiould appoint. XI. That the hoxdComvay hath been the caufe of all the Earl of BrilfoFs Troubles, by his dubious and intrapping Difpatches, and infer- ring. That the faid Earl hat !i failed in his Directions, when it (hall be made appear, that his Difpatches contained no fuch Diredions as he hath alledged were given. The Houfe not being fatisfied to commit the Earl to the Tower, let /lim remain where he was before, with the Gentleman UOier 5 and fur- ther ordered, That the Kings Charge againft the Earl of BriJIol be firft heard, and then the Charge of the faid Earl- againft the Duke 5 yet fo that the Earls Teftimony againft the Duke be not prevented, prejudiced, or impeached. The day following the Lord Keeper delivered a Meffage from the King to the Houfe of Lords cc THat his Majefty taketh notice of the Articles exhibited againft the Duke of Buckingham by the Earl of Brifiol 5 and he ob- ferTeththat many of them are fuch, as himfelf is able to fay "more of his own knowledge then, any man for the Dukes fincere car- " riage in them : That one of them, touching the Narrative made in " Parliament in the One and twentieth of Kmg^^wf^, trencheth as far " upon himfelf as the Duke 5 for that his Majefty went as far as the " Duke in that Declaration -, and that all of them have been clofed in " the Earls own breaft now for thefe two years, contrary to his Duty, '' if he had known any crime of that nature by the Duke -, and now he '' vents it by way of recrimination againft the Duke, whom he knows " to be a principal Witnefs to prove his Majefties Charge. '' And therefore. That his Majefty gave them thanks, that they gave " no way to the Earl of BrifloFs unreafonable motion, of putting the '' Duke under the fame reftraint that they had put the Earl, thereby " efchewing what the Earl aimeth at, to alter their dutifuU Procedings '' toward his Majefty : That thereby they had made his Majefty confi. " dent, that as they have, fo they will put a difference between his " Majefties Historical CoileBtons. B D " Majcfties Charge againft one that appeareth as a Delinquent "and the recrimination of the Earl of Brtftol againft his Majefties " Witnefs 5 and they will not equal them by a proceeding Pari At this time there was an endeavor to take the Earls Caufe Out of the Houfe, and to proceed by way of Indidment in the Kin^^s-Bench : To which manner of proceeding why the Lords (hould not give way thefe eniliing Reafons were offered to confideration, ' I.T T was ordered, That in all Caufes of moment, the Defendants fhall I have Copies of all Depofitions both pro and cmtra after publica- tion, inconvenient time, before hearing, to prepare themfelves- and if the Defendants will demand that. of the Houfe in due time they fball have their learned Council to aflift them in their defence : And their Lordfhips declared. That they did give their aflents thereto - becaufe in all Cafes, as well Civil as Criminal and Capital, they hold, That all lawful! help could not before juft Judges make one that is guilty avoid Juftice 5 and on the other fide, God defend that an Inno- cent ihould be condemned. II. The Earl of Brifiol by his Petition to the Houfe complained of his reftraint, defiring to be heard here, as well in points of his wrongs, as in his accufations againft the Duke 5 whereof his Majefty taking confideration, fignified his pleafure by the Lord Keeper April the 20, That his Majefty was refolved to put his Caufe upon the honor and juftice of this Houfe •, and that his pleafure was that the faid Earl fliould be fent for as a Delinquent to anfwer the offences he commit- ted in his Negotiation before his Majefties geing into Spain whileft his Majefty was there, and fince his coming thence 5 and that his Majefty would caufe thefe things to be charged againft him in this Houfe ; fo as the Houfe is fully poffefl'cd of the Caufe, as well by the 1 Earls Petition, as by the Kings affent, and the Earl brought up to the Houfe as a Delinquent to anfwer his offences there ^ and Mr Attor- ney hath accordingly delivered the Charge againft him in the Houfe and the Earl alfo his Charge againft the Dake : And now if he be proceeded withal by way of Indidment in the Kings- Bench, ihefe dan- gerous inconveniences will follow j viz, 1. He can have no Counfel. 2. He can ufe no Witnefs againft the King, 3. He cannot know what the Evidences againft him will be in a convenient time to prepare for his Defence 5 and fo the Innocent may be condemned , which may be the Cafe of any Peer. 4. The Liberties of the Houfe will be thereby infringed, the Honor and Juftice thereof declined, contrary to the Kings pleafure exprefly fignified by the Lord Keeper, All thefe things are exprefly againft the Order. 5. The Earl being indided, it will not be in the power of the Houle to keep him from Arraignment, and fo he may be difabled to make good his Charge againft the Duke. Therefore the way to proceed according to the Diredions and true 271 2 Caroli' Tlie Reafons. l-Jt Hiftorkal CoUeBions, An. 1626. true meaning of the Order, arid the Kings pleafure already fignified, and preferve the Liberties of the Houfe, and proted one from in- jury, will be Pirft, To have the Charge delivered into the Houfe in writing, and the Earl to fee down his Anfwer to it in writing 5 and that the Witnefles may be examined, and Evidences on both fides heard, by fuch courfe and manner of proceedings as (hall be thought fit by the Houfe •, and if upon full hearing jthe Houfe fliall finde it to be Treafon, then to proceed by way of indictment 5 if doubtfuU in point of Law, to have the opinion of the Judges to clear it 5 if doutfuU in matter of Fad, then to refer it to a regal Fait •, And the rather for that 1. It appears that the Earl,, in the fpace of two years (till now he complained) hath not been fo much as qucftioned for matter of Treafon, 2. He hath been examined upon twenty Interrogatories, and the Commiflioners fatisfie that his Anfwer would admit of no Reply. 5. The Lord Contvay by feveral Letters hath intimated, That there was nothing againft him but what was pardoned by the Parliament. Pardon of 21 ^ac, And fignified his Majefties pleafure. That he might reft in that fecurity he was, and fit ftill. His Majefty hath often declared both to the Countefs of Briftol and others,That there was neither Fellony nor Treafon againft himjnor ought elfe, but what a fmall acknowledgment would expiate. Some Cafes happened in Parliament i c^ 2 Car&li 5 wherein the Judges opinions were had 5 viz, THis Queftion was put to all the Juftices •, Whether a Peer impeached fer Treafon (hall be tried in Parliament ? And the chief Juftice, in the name of all the Juftices, delivered his opinion that the courfe by Law was Indidlment, and this to be fignified in Parliament before the Lord Steward-^ vide 10 Edward i^. 6. or by Bill, and an Ad of Parlia- ment to attaint the Party. An Order was made in the Upper-Houfe of Parliament 21 ^ac. That any Peer (hall have Counfel in cafe Cri- minal or Capital 5 and upon the Acculation of the Earl of Briflol in P arli- amcnt, he made a motion for Counfel 5 'which matter was commended to the King by the Lords, with voucher of the faid former Order : The King returned Anfwer that this was contrary to the Fundamental Laws of the Realm ^ but inafmuch as it was for his Benefit and Prerogative, with which he may difpence -, therefore out of his grace he would allow the Earl of i?r//?(?/ to have his Counfel, with proteftation that he would advife in the general -, and the fame Order was made without his pri- vity, and without hearing the Juftices or his Counfel. And upon the Trial of the Lord Middlefcx^ in a Cafe Criminal and not Capital, afterward, that is to fay Friday after, upon the a(rembly of all the Juftices, the Attorney of the King, by commandment of the King, demanded their opinion ; and they with one voice agreed. That where the Trial is upon Indidment, no Counfel in Fellony or Trea- fon is to be allowed, unlefs a matter of Law happen, or upon the In- didment, or upon Plea of the Defendant, or upon Evidence, and in fuch Cafes the Prifoner may have Counfel, but not otherwife. The Ht^orical CoUeBmy. \A B D ^73 The Lords by Order referred to the Juftices this Qugftion -, Whtther the King maj betiWitncf in cafe of Treafon ? Secondly, Admit th\^ this be for Treafon done, when he is privy ; whether in this cafe he may he a, Witnef, ornot ? and before the Refolution, this MfilTage and Command came from the King to the Juftices, that in this general Queftion they do not deliver any opinion 5 but if any point come in paiticuhr, they upon mature deliberation may give their advice. And this was declared by the Cheif Juftice in the Upper Houfe of Parliament, and thefaid , Matter furceafed. Sitting this Parliament, the Dake ©f Buckingham was deputed Pro- curator by feveral Peers, vvhofe Votes on any occafion, he had power to makeuleof, ws. By the Earls of 5< after cc \ z']6 Hiflorical CoUeBions, An. i6i6. " after the Capitulation concluded on, they underftood by feme intelli- " gence, which caufed their hatred towards me. " Sure I am, I fliewed it not by the fervice I did them-, for divers " years together there was not a Letter fent by that King to any other " State, that the King my Mafter had not a Copy of before, or by that " time it came to the place whither it was direded. There was not any " great adiion on foot, whereof I had not the private Inftruclions, and ' " fent them hither ^ not any expedition by Sea or Land, wherein I had " not fome Minifters or Intelligencers, that gave me from time to time " Advertifement of their A<5tions, and moft private Intentions , whereof " I advertifed his Majefty from time to time. I ufed fuch induftry as to "get all the Papers of that Kings private Cabinet into my hands •, took " Copies and Notes of fuch of them as I thought ufeful -, and upon every " of them, fet my private mark before they were conveyed back again, to " the end, that if I ihould have had an occafion to have charged him with " any thing mentioned in the fame Papers, I might have let him fee I *' knew it, by telling him in what Paper it was, and marked with fuch a " mark. " There was not a Port in Spain that I had not caufed the depth of it " to be founded, nor a Fort whereof I knew not the flrength, both for the *' Garifon, Munition, and other matters of advantage and difadvantage ^ " infomuch as if it fhould pleafe the King to appoint a Committee of " the Lords to take accompt of me, I fhould by the ftores I gathered " there, and brought with me, make it appear I was as ufeful a Servant to " His Majefly in a War, as in Peace. Whereas at his Majefties coming " out of Spain the powers for the Defponfories were to be dcpofited in " fome mans hands ^ and the Duke upon pretence of doing me hoaor, '' but intending to break my Neck by it, moved, they might be left with " me , and the King of Spain was contented ^ and fo they were put into "my hands, not as an Attorney onely for the Prince: But the King of " Spain having taken the fubflitution of them by his Secretary of State "entred in Legal form; whereby that King was then become interefTed " in them by their occupation, as well as the Prince by granting of them. " And becoming the Infirumentum ftiptdatHm, wherein they were both " interefTed , they were dcpofited in my hands, as an indifferent perfon " trufled between the King of 5p4/« and the Prince, with a Declaration " of the Truff . And now the Duke was returned out of Spain, he plot- " ted my ruine, and put it in execution in this manner. He concealed "that the powers were to expire ztChrijlmas, and procured his Majefty " to write a Letter, (not a diroft Commandment) but expreffing a defire ^^thzt the Defponfories fhould not be till one of the days in Chriflm.ts, in- " tending thereby to draw me into a Dilemma , That if I proceeded in " the Match, this Letter fhould, as now it is, have been inforced a^ainft " me, as a breach of Inflrudions : If I had not proceeded, then I had "broken my truft between the Prince and King of Spain, overthrown "the Marriage fo long fought and labored, it being the mainfcopeof " my Ambaffage, contrary to exprefs Warrant, and that upon a Letter " I muft needs know to be a miflake. And when I had written into Eng- " /4»^ to have a diredl Warrant in the point, the Duke then feeing that '' Plot would not take, he dealt with divers great Lords,as was well known " to fome of their Lordlhips there prefent , to have me upon my arlval " in England, committed to the Tomr, before I fhould ever come tofpeak " with the King ; which the Spanith Ambaflador here in England, having ^ '^ gotten B D HiHorical ColkBions, gotten private notice of, gave advertifement thereof to that Kin^ : " Who thereupon forefcemg my danger, and confulting with his Counctl " and Divines, what were Ht for him in Honor and Confcience to do in " that Cafe, they refolved. That feeing my Sufferings grew by beinc an '' honeft man, and endeavoring to perform the truft repofed in me by that ''King as well as the Prince; Th:ic King was bound both in Honor and '■ Confcience, not onely to preferve me" from ruine, but to make me a " reparation for any lofs I (hould fuftain by occafion of the Truft ; Wherc- " upon at his departure, going to Court to take his leave, the Cendede ^' Olivares told me what was plotted againft me in £«^/4W ; andinre- " fped of the danger, by reafon of the greatnefs of my Adverfary, par- "fwaded me toftay there -, and inhisMafters Name made an offer, not I " in fecret, but in the prefence of Sir Wdlter Jflon. \ Here he repeated thofe offers of Reward, Honor, and Preferment which we have mentioned before in order of time, and at prefciit pafs it B by ; he then proceeded and faid, " Upon what grounds and hope came I to encounter with thofe dan- " gers 1 Not upon hope of my greatnefs in Court,and ftrength of Friends, " there to bolfter out an ill Caufe •, no fure, my ftrength was too weak " and my adverfaries too powerful : But I knew my Confci-ence was clear "and my Caufe was good, andtrufted in God Almighty. And to him "now, and to their Lordlliips judgments, recommended my felf, and my " Caule. And then he delivered his Anfwer, defiring their Lordfliips it might be after Recorded in Parchment, that it might remain to pofterity ; which being read by one of his Council, the Lord Keeper asked him, Whether he defired to fay any more then he had done f he anfwered. That he had fomething more to fay, but knew not the order, or whether Mr. Attorney would fpeak firft ; but he being defired tofpeak. He defired their Lord- ftiips he might put them in minde of what he conceived they had already promifed , which was, That the DukewhomheaccufedinthatHoufeof £) far higher offences then any, with which he was charged, might be pro- ceeded with as he was, and that they might be upon equal Conditions. And that fuch heads as he had delivered againft the Duke, being of fuch Matters as he met withal in his Negotiation as an Ambaflador-, and which he had according to his duty acquainted the State withal, might by their Lordftiips care and order be put into Legal form, and profecuted ; for fo was the ufe when he had the honor to fit at the Council Table. He faid. He conceived he had already done his part to inform, and would be ready to make it good, it concerning their Lordftiips to fee it profecuted, it not being to be expefted that he (hould folicit it •, or if he would, he could not, being under reftraint. And he defired likewife, that the Judges might deliver their opinions. Whether the matter charged againft him, were Treafon •, that if it fliould not fo be in their opinions, he might nor lie under fo heavy a burthen. He put their Lordlhips in minde, that it was a ftrange manner of pro- ceeding, that upon a difpleafurc, a Peer of the Kingdom complaining of jF thofe that had pradlifed againft him, and had been thecaufers of his Sut- ferings, (hould then, and never but then, be charged with Trealbn. He told them it was not his cafe alone, but it equally concerned them and their Pofterity , and it might be fome others hereafter, more then him now. For he faid he thanked God he had fome experience in the World, and thereby and by thofe things he had kept, was able to make liis innocency appear. 2 CaroU. I Z78 HiBorical CoUeBions, A 1626 ' appe^fj which perhaps would not be every mans hereafter •, and fo many \jh flruciion. Tor Anfwcr, faith asfolloweth. His Service to the Palatinate when he was AmbalTador to the Em- peror. B I. nPHe Firft Article he denieth -, and becaufe the Matters contained in 1 the faid Article confift of feveral parts, a//z. Thelofsof thefaid Palatinate, and the Match with the laid Lady of Spain, and of the feveral Employments -, as of one Extraordinary Ambaflage to the Emperor, and I another to the King of 5/>4/;?, in the years 162 1. 22. and 23. He humbly craves leave of this moft Honorable Court to feparate the bufinefTes, and diftinguifh the times. And beginning with the Palatinate firft, to give an account of his Ambafllige to the Emperor , and fo to make as brief a Dedudion as he could ol the whole carriage in that bufinefs , from the beginning of his employment to the time he left it in his AmbafTage to the Emperor , he propounded all things faithfully accordmg to his Inftrudions , and the Anfvvers D Jiijlorical CollcHions, B D ^■79 Anfwers which he returned to his hce Majefty of BlefiTed Memory were the very fame and no other, then fuch as were given by the Emperor un- der his Hand and Imperial Seal -, the which, according to his duty he faithfully fent unto his laid Majefty , and withal did honeftly and r'rulv advertile his faid Majefty what he underftood and thought then upon the place; but was fo far from giving to his Majefty any ill-grounded hopes in that behalf, that he wrote unto the Lords of the Council here in Enq;- land from Fienntt, i6 ^tdp 1 624. in fuch fort as foUowech. r Am further to move loitr Lordjhps, That there may be a Difpatch made pre- ^fently into Spiu\ to his Majefties Jmhaffador, and -^/r. Cottinf;'ton that they deal effeBua^lly for the repairing andnpcmag of the bafinefs again 11 mi coming -^ that they ufe fome plain arid direB Language, letting the Mimflers there knorv. That the late Letter fent hj the King of Spain te the Emperor, rv/H colder and more refcrved then his Mafler had reafon to expe^, i (hall conclude rvith telling your Lordf}}ips, That although I dtfpair not of good fuccefs in that knotty bttfinefs, yet I hope hii Majcfly and your Lordfhips, /^y not afide the care of all fitting preparations for a War, in cafe a, Peace cannot be honorably had. And amongjl other things, I mo (I earneflly commend unto your Lordjhtps, by your Lordjhips unto his Maje fly, the continuing yet abroad for fsme fmall time of Sir Robert Manfels fleet upon the Coafls of Spain ; which, in cafe his Ma- jeftyfhouldbe illufed, mllprO've the befl Argument rpecanufefortheReflittt- ttonof /^f Palatinate. And this his Advice, he faith, was wholly intended by his Adions by being the c^ufe as he returned homeward out of Germany, to brin^ down Count Mansfield, whereby the Town ot Frankendale was relieved by fup- plying of his Majefties Army then in great diftrefs , with Moneys and Plate, to the value of looool. meerly out of his zeal and affedion to the good of the King and his Children, having no Warrant or Order but that his heart was ever really bent ineffeds more then in fhews t< ferve the Kings Son-in-law and his caufe, as by the difcourfe of this bafi nefs will appear. And how acceptable thefe Services were, will more ap- pear by the Letters of the Queen of Bohemia, in thefe words following. My Lord , HAving underftood from Heidelburgh, how you have (hervedyour affeBt- on to the King and me in all things, and in the help of Money you have lent our Soldiers-, I cannot let fo great obligation pap, without giving many thanks for it by thefe lines, (ince I have no other means tofbetv my ^rate- fulnejs unto you : Horvfoever abjure your felf that Irvill never be forgetful of the Testimonies you give me of your love, which l intreat you te continue, in doing the King and me, all good offices you canto his Ma\e fly. Touhave been an eye-witnef of the mtferMe cflate our Countreys are in ; i intreat you therefore to folicite his MajesJy for our help, yott having given me an a^nrance of your affection. I intreat you now tojhew it in helping of hs by your g^d en- deavors to his Majesty, and you fhall ever bindeme tocontinue.ts I am al- ready Tour very affeCiienate Friend Elizabeth. to Cif.toli, Which \ z8o Htfiorical Co!leBion$, An. 1626. Which Letters were feconded with others about the fame time, both from the King of Bohemia and Council of Beidelburgh , to the fame effed : And how much fatisfaftion his late Majefty received in that be- half, and touching that bufinefs, will plainly appear feveral ways, and particularly by his Speedi in Parliament. And the faid Earl likewtfe ap- pealeih to both Houfes of Parliament, to whom by his late Majefties Or- der he "^ave a juft and true accompt of that employment, with what true zeafhe proceeded •, and how he prefled, that fingle Treaty and Pro- raifes no longer be relied on, but that a fitting preparation for War mi^ht so alone hand in hand with any Treaty of Accommodation. And fora co'nclufion, among many of his late Majefties approbations of his carriage in this employment, he humbly defireth that a Letter of the Duke of Buchnghams under his own hand, bearing date the Eleventh of O^obcr, 1621. may be produced, being as followeth. My Lord , IJm exceeding glad that your Lordfhif hath carried your felf fomll inthit emvloymertt, that his Majeffy is infinitely fleaftd for year Ser'vice yoa have done 5 for which he commanded me to give your Lordjhip thanks in his Name, until he fee you himjelf, 7ou of all men have caufe to commend his ALijefiies choice of fuch a man, that unlef your heart had gone with the bufi- vef, yeu could never have brought it to ^0 good a fafs. Amongft other things, his Majefty liheth very well the care of clearing his Honor, whereof he will advife further with your LordfJnp at your next coming over. I hope you will not finde your Negotiation with the Infanta of fuch difficulty as you feem to fear in your Letter , feeing my Brother Edward hath brought with him a Letter from his Makefiles Son in Law , whereby he putteth himfelf folely to his Majefttes advice and pleafure for his Submifsion , as you will per- ceive by the Copy of the Letter it felf, which I here fead your Lordfhip ; wherein thow^h there be many things impertinent, yet of that point you may make ?eod ufe for the accompli (lament of the buftnefs, wherein I have writ- ten to the Spanifh Ambaffador toufe his Means andCrcdit likewife ; which 1 a(fure my felf he will effectually do, efpecially feeing the impediments ar: taken away by Count Mansfields Compofttion, and the Conformity of his Majefiies Son in Law to this Submifion. For the Money your Lordfhip hath fo feafonably laid forth, his Maje(ly will fee you jhallfuflatnnolofs, holding it very uncon- fcionable you fhould fufcr by the care of his Servic^; which you have fhewed fo much to his contentment, to the great joy of your Lordfhips faithful Ser- vant. Geo. Buckingham. His Service to the Palatinate before his Ambaffie to the Emperpr. Having given this Accompt of his employment with the Emperor, he humbly craveth leave to make it known in what fort before this his em- ployment he endeavored to ferve the Prince Palatine and his Caufe, which will bell appear by his Majefties ownTeftimony, upon the going of Sir j Francis Netherfole to the Prince Palatine •, at whicli time his Majefty be- I ing out of his Royal and juft heart, defirous to do a faithful Servant right, commanded Sir Francis Netherfole to let the Prince Palatine under- ' ftand how good a Servant, the laid Earl had been unto him, and how I a(5live Hiiiorical Collections. zSj B D A(5tive in his Affairs, as will b-ft appear by 'a Difpatch of Sir Francis Nct/jer[oh\ written all wi.th his own hand to Sir George Calvert, dated in Prague Jiiguftii. 1620, aad fent by his late^Majefty to the faid Earl for his comfort, being as followeth. Right Honorablej Hdt you r/ijy be the better ajjttrc^i, that I have neither forgotten nor ne^- leBedthe Commandments received from his Majejlj by your Honor •, you. willbcpleafedto have the patience to hear me report rvhat j faidto this Kin^ upon the delivery of my Lord Deputies Letters to his Majefty •, which was That the King my Mafler^ whofe J'u(lice is jo renowned over the World, didufe to fhew it in nothing more then in vindicating his Servants from wron^fuU Opinions , whereof he knew noble hearts more fen fible then of Injuries done to their Perfons or Fortunes ^ That out of his Royal Difpofition his Maiefly having found my Lord Digby mifiaken by fame of his own people at home byoccafionof his being by him employed in the Affairs with Spain, having thereupon conceived ajealoufie that the fame noble Lord might be alfo mifre- ported, hitherto his Majejlies hands m that refpeB gave me a particular commandment to affure his Majejly, he had not a more truly affe^ionate Ser- vant in England •• And for proof thereof , to let his Majeflj underftand. That whereas the Baron of Doncafter, now his MajeHies Ambaffador for England, had ftnce his coming hither obtained but three great Boons for his Makefiles fervice •, yiz. The Loan of Money from the King of Denmark the Contribution in England of the City and Countries, and the (ending Arn- baffadors to the contrary parties, that my Lord Digby had been the iirft pro- pounder of all thofe to the King my Mafler, before his Majefties Ambaffador, or any other of his fervants in England •, although his Lord(J)ip were contented that others who were but (et on JJiorild carry away the thanks and prayers he- caufe his Lordjhip being known to be the frfl mover therein might pofihly weaken the credit he hath in S'pain, and to render himfelf the more valuable to ferve both his own Mafier and his Majefly •, in which refpeff I humbly prayed his Majefly to keep this to himfelf. By which teftimony it may appear, as the faid Earl conceivcth, how he the faid Earl beftowed himfelf before iiis AmbafTage, and in his faid AmbafTage with his faid late Majefties approbation thereof. Now he humbly craveth leave to give your Lorddiips accompt how he proceed- ed after his return from the Emperors Court, AfToon as he came into England, he difcovered unto his Majefty and the Lords of the Councel, in what great wants he had left the Forces in the Palatinate, and foUicited theprefent fending away of money ; there- upon Thirty thoufand pound was borrowed of Sir Pcier Vanlore, Sir Baptifl Utcks, 2nd Sir William Cortine, and prefentlyfent unto the Palati- nate, befides the Ten thoufand pounds which he lent for which he paid tlie intereft out of his Puife for fix moncths, having alfo given not long before Tive hundred pounds by way of benevolence to the fervice of the faid Palatinate. Now in the interim betwixt his return from the Englifli Coafts,which \v:\s in November 1621, and his going into Spain in May 1622, he firft O o gave i Cdroli' 28X HiUorical CoUeBions. His arrival in Sj'onferies, which was by ii^/irt:/; or April following at the furt jeft, all the Tempoial Articles ihould .be fetled and agreed, to the end that the /w/i^f4migkt be delivered at the Spring; a? by the King of ^/>i/» was declared to be the Kings intention, An.l ac- cordingly his Anfwer in writing, 2 Car0lL zSd Htjlorical CoUeBions, An. 1626. Brijiol not the caitfe of the j Delays in | Spain. I cordingly Sir Walter Ajlon and the faid Earl did not deal in general, but did moft induftrioufly labor to fettle all in particular, wz. That the Portion fliould be Two Millions, it appearing that it was fo agreed by the late King of Sfain : That the Difpenfation coming , the De'fponferies (hould be within Forty days after ^ And that Don Duarte de Portugal (liould be the man that fhould attend the Infanta in the Journey. And all other Particulars necefTary for the Conclufion of the faid Treaties, were by Sir Walter Aflon and the faid Earl, and the Spanifh Commiffioners, idrawn up into heads in writing, and after many Debates they were con- fulted with that King-, and 2 Martit 1623. ft'lo vet, the Conde Gondomar, and the Secretary Don Andreits de Prada, were appointed to come home to thehoufeof the faid Earl, tofignifie unto Svi Walter A flonznd him- felf, as they did, That the King of Sfain had declared his refolution in all the Particulars , and given them order to come to a fpeedy Condufion with them in all things : And that Kings Anfwer to that Conclufion the Earl faw, and read all written with the King oi Spain s own hand. On the feventh day of the faid moneth oi March 1623. the Kings- Majefty, then Prince, and the Dnke of Buckingham arrived at Madrid-^ And then the Spaniards took new laws, and the Negotiation was put into a nev; form. So that whereas it is objeded againft the Earl, that he enter- tained and continued the Treaties fo long upon Generalities ^ He con- ceives it is not meant upon the Spititual Articles, for they were fuch as were fent from Rome into EngLind^ind. trom thence they came to the Earl: And for the Temporal Articles, they were not to be fetled and treated, till the Articles of Religion were concluded. He conceiveth it cannot be alleadged with any colour, that his Majefty was entertained with Gene- ralities, fince the time that the faid Articles of Religion were broaght unto the faid Earl by h^x. Simon Digh) , being about the 2 5. of January. There were but fix weeks until March 7. following, when his Majefty then Prince arrived in Madrid; and in the interim all the above-mentioned Particulars were fetled : And the time that hath been fpent in this Treaty hath not been through his the (liid Earls default in continuing upon Ge- neralities without prefling to Particulars, but hath been caufed as well by Difficulties which the bufinefs brought with it, as alfo with exterior Accidents, viz-. The. Wcixs of Bohemia, the death of two Popes and of the late King ot Spam, without the leaft fault of the faid Earl, as is ac- knowledged by his late Majefty of bleffed memory, in the faid Earl his Inftruftions on the lA.oi March 1621. Neither could any delay herein be attributed unto him the faid Earl-, For he was imployed in thofe times into Germany and Flanders, and Sir Walter A(lon and Sir Francis Cottington for the fpace of three or four years- were refident in Spain -, from whence the hopes they gave were upon all the difcreet grounds that Minifters can exped from a State : But the Earl reaflumed this bufinefs fix moneths before his Majefties coming into Spiiin ; and he was fo defirous to fee his Majefty then Prince beftowed, that he preffed nothing fo much both to the King and Prince, as that the Prince might lofe no more time, and rather to break the Match with Spain then fuffer any further delays ^ as will appear by his Difpatches from his firft arrival at the Court of Spain, until his Majefties then Prince his coming. For in his Letters oi^itae 2o.i62 2.being the firft he wrote after his firft Audience, he was fo defirous that no time might be loft, that in them he craveth leave of his Majefty, that in cafe he ftiould find any Delays Hijlorical ColleBions. B D Delays in Spain, he might withoHt cxpefting any Order take his leave and come home. Upon the xttarnoi Sir: Francis Cottington, in September following, he wrote both to the King , and his Majefty then Prince. To the King as foUoweth. 1 shall prefume to add to that which Jl/r.Cottington /7w// deliver unto your lylujefty by rvsrd of mouth of the prefent efiate of the Match, what I con- ceive to be the right tvaj to bring it to a fpeedy ijjue : That your Majefty mil be^pleafedpofitiveljto declare what you tvilldo inpointof Reltgion,andthat you will appoint me a certain limited time by which this King fhould procure the Di(penfation, or conclude the Match without it ^ Jnd in cafe there fhall be any further delay therein , that I may then declare your Majefty to he free and di [engaged, tobeftowthe Prince in fuch fort as you fhall judge mo ft convenient. And to the Prince at thefame wrote in thefe fubfequent words, viz.. ' I ^Hat which will be neceffary for his Majejly prefently to do on his Majefties ■■• fart, is to declare himfelf how far he will be pleafed to yield in point of Religion, as Mr. Cottington will approve unto your Highnef : And that he fet a prefixed time to break or conclude the Match, either with the Di- (penfation, or without the fame. For the reft, it may he left to my Negoti- ation ■• But your Highnef may he pleafed to haflen his Majefties refolution with all poftble (peed. And the faid Earl faith. That having received from his faid late Majefty his refolution in poinfof Religion, and a limited time according to his defire, he was fo precife and pundlual therein, that although the making or breaking of the Marriage depended upon it , he would not give one moneths refpite longer time for the procuring of the Difpenfa- tion, until he had firft acquainted his late Majefty therein, and received his Dire6tions under his own hand 5 as will appear by his Majefties Let- ters of o baliDitp, anD fecuritp of tbe faiD (5rant0 5 anD })\& ^ajeflie0 ^tto?nep (ball babe cbarge to receibe anD aHmit tbe faiD latoper0 to tbe Ogbt anD juDgmcnt of tbe faiD 2:)^ugbt0 , anD iw anp Doubt0 to gibe tbem fati0fattton , 0? to ufe fucb legal , nececfarp , anD pertmcnt U)o?D0 anD pb^afeg , a0 be tbe faiD ILatoper l?)all p?opounD fo? t})z fecuritp of tbe Roman Catbolicfe0, anD fure mafeing of tbe faiD (Srant0« 3lnD t»e Do furtber Declare, Cbat W >^ajeffie0 pleafure 10, to mafee a IDifpattb into Ireland unto W Deputp tbere, bp tbe banD0 of tbe lo?D Creafurcr anD Secretarp of ®tate , "Sir George Cal- vert , fo? tbe p?efent confirming anD fealmg tbe tbtng0 concerning x\^t Roman (J:atbolicfe0 anftoerable to tbe3lrticle0 of Creatp, W iSLopal ^?omife anD ^?ocerDing0 bere, 3nD fo? Scotland , Cbat bi0 ?©ajeap acco?Ding to tbe conSitutton of bi0 9eFair0 tbere , anD regarD to tbe Publicfe gcoD , anD peace of tbat RmgDom , anD a0 fctin a0 pof0ible, •fejiU Do all tbat Ojall be conbententfo? tbe accom- pUfljmtnt of bi0 #?omife ih (Srate anD JFabo? of tbe Roman Ca* tbolicfe0 bts ©ubjett0, confo?mable to tbe 3rticle0 of Creatp of Carriage* But ^94 An. 1626. Hijiorical ColieBions, But this Declaration, thefaidEail faith andaffirmeth was the effect of the Duke of Bttckir.ghams Negotiation, and treated and concluded by the Lord Coma) with the SpaniQi AmbafTador here , whilft the Prince was in Sf.tin •, neither was his privity or advice in it : For if he had known it, lie fliould have protefted againft it. All which, together with the difference betwixt the Conditions of Religion agreed at the Tx^nyoi Madrid, \z December, 1622. by the faid Earl, and the faid Sir milter Afton, being by their Lordfhips confidered , the faid Earl doubt- eth not but it will manifeftly appear whofe endeavor it was to ad- vance the Romilli Religion, and the ProfcfTors thereof 5 and judge the faid Earl moft unfortunate to be charged with an Article of this kinde. V I. To the Sixth Article the Earl faith, That the Aflurances which he gave his late Majefty, and his Majefty that now is, concerning the Treaties, werefuch. That it had been dilhonefty and breach of his duty and truft, for him to have held them back, being the fame that were given him by the Emperor, and the King of Spain, and their Minifters, upon as great Aflurances as can pafs between Minifters of Princes in the like cafe. And for the Delays of Sfam, they could be never fo ill, and with fo little colour complained of, as at the time of hisMajefties com- ing thither 5 for that a certain time was before then prefixed for the com- ing of the Difpenfation , njiz. in Afril, 1623. at the furtheft, which was the next moneth after the Princes arival at Madrid:, the Defponfories were to be within four days following, and the Infanta to begin her jour- ney into England twenty days after : So as three moneths patience longer would have (hewed the iflue of the bufincfs without putting of the per- fon of the Prince, being Heir- Apparant to the Crown, in fo eminent a hazard for the trying ot an experiment. And it is an argument of great fufpition, becaufe the Spaniards were fufpe(5ted to have dealt falfly, and fo the lefs to be trufted with the perfon of the Prince, to be put into their hands eo try conclufions : But the truth is, though that were made the pretended ground, and the occafion oi the journev, it was neither the Aflurances of the faid Earl, nor the Jealoufies of Spain, but other Motives that were the original caufe of his Majefties faid journey, as fliall be fulficiently made apparent in due time. And the faid Earl having got an inkling of it by fomeihing that was let fall from the Cende Gondo- mar to that purpofe , inftantly difpatched away Mr. Grificj to his late Majefty to have this journey prevented •, who upon the Confines of France, met with his Majefty and the Duke oi Buckingham on his jour- ney towards 5/>4/«, and told them as much. So that although he.con- fefteth what is laid in the Charge to be true , 'vi\. That by the faid journey, the perfon of the Prince, the peace and fafety of the Kingdom did undergo further danger (at the remembrance thereof the hearts of all good Subjefts do tremble ) yet the blame is due to the Authors and Advifers of the fame journey, and not to the faid Earl : And although it pleafed God, to the exceeding great joy and comfort of the faid Earl,, and of all good men, to fend his gratious Majefty home with fafety •, yet never was the perfon of any Prince, upon fuch grounds, expofed to fo great an hazard, and in fuch Cafes 5 not the Succefs but the Counfellors, areconfiderabie. ' VII. To the Seventh Article the faid Earl faith. That he did not * move B D Htflorical CoUeBions. lick ; and the Condc Gondomar having that very morning prefTed the Earl not to hinder fo pious a work (as he termed it) of his Majefties Con- verfion, and feeming to be alTured of the Duke of Backinghams a(Iiftance therein, his Majefty being all alone in a withdrawing Room in the faid Earl his Houfe, the faid Earl kneeled unto him, and told him. That he had a bu(inefs to impart unto him, which highly imported his Majefty to know, fo that he might be afl'ured his beldnefs therein might be pardon- ed ; which his Majefty gratioufly promifed. And thereupon the faid Earl told his Majefty, That the general opinion of that Court was, that his Majefties coming into Sfain, was with an intention to be z Roman Catholick, and there to declare it. And he confefteth, That at the fame time in regard of thofe things he had heard,he humbly befought his Majefty to deal freely with him as a Servant, of whofe fidelity he might be con- fident, or words to that effeft : But he was fo far from perfwading his Majefty to be a iJowrfw Catholick, that without refpeding his Majefties Anfwer, he declared himfelf to be a Proteftant, and fo fliould always continue ; yet he faid he ftiould always ferve his Majefty, and labor to advance his and the King his Fathers affairs, with as much fidelity and honefty, as any Catholick whatfoever : And his Majefty was pleafed then to make unto the faid Earl a full and clear Declaration of his Re- ligion, and of his conftant refolution therein^ and feemed to be much difpleafed, that any fhould have fo unworthy an opinion of him, as to think he would for a Wife, or any other Earthly refpedl whatfoever, fo much as waver in his Religion. Whereupon the faid Earl be ("ought his Majefty to pardon his boldnefs, and then intreatcd him not to fuffer his bufinefs to be overthrown by permitting that conceit of hisConverfion any longer to remain in the Spaniards, nor do any thing that might give them hope therein, alleaging, That it was impoflible the Marriage could be without a Difpenfaiion ^ and fo long as the Spaniards, who were to procure the Difpenfanon, (hould have hope of his Majefties Converfion, they would never content themfelves with a part •, to which they were tied by the Articles agreed upon with the faid Earl and Sir f^^altcr A^on, At which time his Majefty was pleafed to approve of his opinion, and faid, he would exped the Difpenfation , and did thereupon afterwards fend Mr. Andrervs to Rome to haften it ; and the next day the faid Earl dealt very roundly with the Conde olivares and Gondomar, telling them it was a difcourteous mannci- of proceeding to prefs his Majefty to further Conditions then were formerly agreed upon in point of Religion, and to make his Conditions the worfe, for the great Obligation he had put upon tiaem 2p5 move or perfwade his Majefty, then Prince, to change his Religion, nei- ther in the manner in the faid Article mentioned, nor in any other manner whatfoever: Neither doth he conceive, that the charge initfelf asitis laid, will in any reafonable conftru(5iion bear any fuch inference as is made therein 5 fo as he conceiveth heneedeth not make any further or other Anfwer thereunto. Yet that it may appear that the manner he ufed to the faid Prince, was not traiteroufly, falfly, or cunningly, nor without ground, or to any fuch intent as in the faid Article is fuppofed. And to manifcft unto this moft high and honorable Court, how far he was from all fuch intention, he faith. That he doth acknowledge that within few days after his Majefties coming into Spain, whilft he had that great honor to have his Majefty lodged in his Houfe, and to have fo Royal a Gueft , finding by the Spanilh Minifters^ That there was a general opinion, that his Ma- jefties coming thither was with an intention tohecomtd^ Roman Q^xho- 2 Caroli- Heperfwadcd noi rlic Prince to change his Religion. 1^6 Hijlorical CoUeBions, An, i6z6. them by putting himfelf into their hands 5 whereat they took fuch great offence, that theyeftranged themfelves from him tor a long time after. And that the faid Earl did thus proceed with the faid Cendes, and that it was not a new framed Anfwer to fuisfie prefent Objedions •, but that which really, and indeed pafled, will really appear by his Dilpatches unto his late Majefty of Bleffed Memory •, and before his Majefty that now is came out of Sfain, they were there fliewed unto his Majefty, bearing dace the Nineth of Sepember,i6i-^. So that although it be true. That he the faid Earl did not diffwade his Majefty, for that there was no caufe for It •, yet without expeding his Majefties Anfwer, he firft made a clear and true ProfelTion oF his own Religion : And when his Majefty had de- clared to him his zeal and conftancy, he humbly befought him, That the Spaniards might not for any refpe(ft be longer held in hopes of that point. And becaufe point of Religion is that which' all men of honor and honeftyftiould cheifly deiire to dear, efpccially Laving an imputation of that nature laid upon them, as the faid Earl hath in the faid Article, He humbly befeecheth your Lordfhips, that he may not feem to digrefs from his Charge 5 intending your Lordftiips fatisfa(flion in that particular, not by the aforefaid verbal difcourfe onely, which he profeffcth was in much zeal to Religion and dutiful care to the Prince inthatkinde, but by fome written Teftimony of his former Opinion both of the Match and Religion. When he was firft employed mto S fain for the Treaty of this Marriage, 1617. his late Majefty having commanded him to give an accompt thereof unto his Majefty that now is, he at his departure to- wards Sfain, prefumed to give unto his Majefty that now is, his opinion in Writing , figncd with his own hand to be kept as a teftimony of fu- ture Actions, the Copy whereof is this as followeth. He aJvifed both King and Piince, if they will Match with a Catho- lick, rather to S}aiii then France^ but cheitly to a I'rotciianc Princtfs. SIR, rHe opinion which I have ever prefumed humUf to offer unto his Majefiy concerning your Highnef Marriage, hath been, that both in regard of Con- science and[a.tisfaBion unto his Majefties People and Alleys ^ liktrvtfefor the fe- curity and quiet of your Majefties eftates,7our Highnef might take for Wife fome Troteftant Prince f, although (he neither were Daughter to a King, nor had fo ample a Portion as might relieve the Kings prefent Necefities and Wants • for then there might be many ways found to help the Kings wants, either by feme few years providence, and frugality, or by winnin(;[^ theaffeSlions of the people to the fupplying of his Majeffy by way of Subfidies in Parliament ; whereas contrariwife, if the number and power of the Papifts flull be increafed, as undoubtedly they will be by your Highnef matching with any Catholick Prin- ce fs, through the Conccfion which muft he of nece^ity for the exerctfe of her Religion for her felf and Family, within your Highneji Courts , and thereby by degrees thefe two different Religions ftull grow to an equality of power % it will be of great hazard and difquiet to the State, and not to b; redrefjcd without great danger, andcourjesof mere violence, then is ufual for this State to put inpra£iice. But in cafe his Majefly out of his wisdom and conftderation, heft known to himfclf, hold it ftttesi that your Majeftie match with France, or 'Spain, or any other Catholick, either for that the prefent time afordeth no Protejlant Princefs, who is for years or Blood [uitable for your Highnef, or that can in any confiderable meafure by the portion, [upply his Majefties prefent wants, I then conceive that the Match by which this State jh:ill (uffcr leaft in- \conveniency and cumbers , and whereby his Majefties necefities fliall by the great nef Hi^orical CoUeBiom, 2P7 B greatnef of the Portion bi the nio[i relieved, is jr/V^ Spain, if fuch a Mitch i Ca'oli. may be made with fuch Conditions of Religion , oi ether Catholick Princes will contract theTn\ches wilhall. Thits much I thought ft humblylto prefent unto your Highnef , for that I fee my Imployment liable to tJ^^ Cenfure of many worthy Perfons , with whom though I concur in my opinion , yet I feem much to differ from them many ways •, For that it 'is more proper to me to be true to my Mafers ends and fervices , then by declaring this to procure their fatisfa^ion : Only to your Highnef I thought fit to make this Decla- ration ; and fball be a Suitor to you for your favor , as you fhall fee me really labor to put this in effect. And if his Majefty Jhall either upon motion of Parliament, or any other Propofition that can be made unto him, think It jit to proceed with a Proteflant Match , as I fhall wifh tts well unto it as any man living , fo I hope in fuch fort to mana'^e the prefent bufnefi that I have in hand , that it fball rather much further , then any way crof or hinder it. But in cafe his Majefly fhall not be drawn to any Propofition for a Proteflant Match, I then conceive that your Hi^hnef both doth , and will approve , that I really and eff equally labor to procure a Match for your HighneJ? in Spain , upon fuch Conditions in point of Religion and Portion, ^ to his Majefly Jhall feem ft. Befides which Declaration of his Opinion, He hath all the days of his life, and in all places, lived and allowed himfelf to be a Pro- teftant, never having done any the leaft a<5t that was not fuitable to that Profeffion : And in all his former Imployments for the fpace of Four- teen years , of more then Five hundred perfons of all qualities that attendei^i on him, there was never any perverted in his Religion, favin<' two Irifh Footmen , who in Ireland had been bred Papifts. And he humbly defireth the Teftimony of Dodtor Mafon and Dodor Wren, his Majefties Chaplains, who were with his Majefty in Spaiu, and of Mafter Sampford one of the Prebends of Canterbury , Mafter Bof- j); well Parfon of S.Laurence in London, and Mafter Frewen Divinity- Reader in Magdalen-Qo\\tdi2jt in Oxford, and now one of his Ma- jefties Chapiams , who were his Majefties Chaplams in Spain -^ as well for the frequent ufe of the Sacrament, as conftant profeflion and exercifes of Religion, and the teftimony of fuch Cathohcks as are known to have been his antient Acquaintance and Friends, to examine them upon oath. Whether publickly or privately in Spain, or in England, they had known him in any kind to make Qiew , or fo much as to forbear upon all occafions to declare the Religion he profefleth. And that the faid lAx. Frewen and Mr, Wake may be alfo examined,Whether inextremity of fevcral (icknefles whereinto he hath of late years fallen, he hath not ever fetled his Confcience wichthem towards God, and made a Confeffion of his Faith, rcfolving as bc-fitting a Proteflant or good Chriftian, VIII. To the Eighth Article the Earl faith. That he did not at any time or in any place endeavor to periwade the Prince touching his religion to become a Roman Catholick, and to be obedient to the ufurped autho- rity oi Rome ; Neither did the faid Earl to that end and purpofe, or other- wife,ufeunto his Majefty then Prince,the words in the Article mentioned. But the faid Earl acknowledgeth, that upon occafion of a Letter that came to his Majefty then Prince,putting his Majefty in mind of the great Qc^ aftions He conflantly proferted the Proteftanc re- ligion. 2^8 Hi^orical CoUeBions, An. 1626. anions of his Royal Progenitors in the Holy War, that the great Kings .^^/"^ j of thofe times did not only imploy their Forces, but in their perCons went ' into, the Holy Land •, The Earl believeth that byway of difcourfe only, and not otherwife, he may have faid. That in regard of the difference in Religion, it was of more difficulty to undertake fuch great adions now, then in former Ages ^ and it might well be mftanced in the prefent Treaty of the Marriage, wherein the Popes confent was to be obtained. And to this effedl, and upon the like grounds, he is confident there were very many that have, nay few of neernefs about his late Majefty that have not often heard his Majefly fay, That he was the true Martyr, that luffered more for his Religion then all the Princes of Chriffendom befidesj in- ftancing in divers particulars, but efpecially in this. That he could not match his Children with Kings ot his own rank , without the Popes leave. But the'faid Earl faith, He never alleaged any fuch thing to any other purpoie, then to (hew that only Confcience and love to Truth, (in which regard Proteflants fuffered much ) not any temporal refpeds, made men conftant and zealous to the protetfion of our Religion. By which difcourfe he ever attributed much to the honor and fecurity of Proteftant religion, but never ufed it as an argument to perfwade to the contrary, as in the Accufation is infinuated. Befides, he conceiveth by way of Anfvver thereunto the faid Queftion may be asked, which his Majefly was pleafed to ask of the Earl in the Seventh Article, viz. what the faid Earl faw in his Majefty, that he Ihould think him [0 umvorthy as to change his Religion for a Wife, or any earthly re- (^e£f tvhatfeever ? So why fliould it be thought, that being more fit to undertake great adions in the world ( being a mcer moral and temporal refped ) (hould be an argument to perfwade in confcience fo religious and wife a Prince, and fo welUnftruded as his Majefty is -, as though the foul of a Chriftian Prince was to be wrought upon in poipt of Truth and Be- lief, by temporal and worldly refpeds of Conveniencies and Greatnefs 1 It were necefTary for the proving that the faid Earl perfwaded bis Majefty touching Religion, to produce fome arguments that he ufed out of Scd- pture to firtisfie him in point of Confcience in fome Tenents of the Ro- man Church, or that he produced any Conference with Learned men for his fatisfadion in point of Religion : Otherwife the Articles ufed in this againft the faid Earl, do ( as he conceiveth ) caary little ftrength to prove the Charge of perfwading his Majefty, either in regard of it felf, or in re- gard of his Majefties piety, IX. To the Ninth Article the faid Earl faith, That there was a Dif- courfe in 5/>4;'« of the way of accommodating the Prince Palatine his af- fairs •, and by way of difcourfe it was moved. That the Marriage of his eldefl Son with a Daughter of the Emperor, and his Son to be bred in the Emperors Court, would be the faireft way for the pacifying of, and accommodating thofe bufinefTes. And the Earl by way of difcourfe, and not otherwife, did fay. That he thought his late Majefty could not be ad- verfe either to the faid Match, or to the breeding of the Prince Palatine his Son with the Emperor -, fo as thereby the whole Patrimonial Eftate of the Prince Palatine, and the Dignity Eledoral might be fully reftored, and that his Son might be bred in his own Religion, and have fuch Pre- i ceptors, and fucli a Family, as his late Majefty and his Father, meaning 1 the Prince Palatine, fliould appoint, and they to have free exercife ofj Religion :' Hi^oncal ColIeBiorts. ^'99 B Religion : For fo his late Majefty hath often declared himfelf to the fliid Earl, and wiflied him to lay hold on any occafion for the entertaining of any fuch Propofition. And otherwife then lb, and upon the terms a+ore- faid, and by that way of Conference and difcourfe only, he delivered not any Opinion to his Majefty at his Majefties being in S^atn : For the rai,i6z7. A Copy of which he, to- gether with Mr.Secretary Calverts Relation, and the Lord Conmty by his late Majefties commandment,fent unto the faid Earl j the Tenor of which tranflated out ot French, is as foUoweth. WE have thought good,that rve may provide heft and mo ft foundly for your Affairs, not only to procure, hut alfo to affitre your Peace, were to cut up hy the very roots that Evil which hath hcen fetled in the heart of the Emperor, by the great difpleafure and enmity he hath conceived again ft you. For the re- moving and quite extinguishing of which, it feemeth to pu no better or more powerful means can he ufed, then a good Alliance which may be proposed by us between your eldeft Sen and the Daughter of the faid Emperor •, upon the a(fu- rance we ha ze we ftull not be refufed in this nature, if you on your part will irtve your confent. And for the more furety of the good fucccf thereof, we are de- termined, before any fuch Propofition he made to the Emperor, to intcref the King ^fr 8. 1623. will appear asfolloweth. D We have received "ioiir Letters ^y Grifley, and the copy of them to our dear Son -^ and rvc cannot forbear to let foti know how well we efteem theditti- ftill, difcreet and judicial Relation and humble advice to our Son ■• Whereupon^ having ripely deliberated with our f elf , and contmnnicated with our dear Sen, we have rejolved, with the ^ood liking of our Son, tore(l upon that fecurity in point of doubt for the Infanta'^ taking a Religious Order, which you in your judgement fljall think meet. And by that other Letter of his Majefty that now is, then Prince, as follovveth ; riz. Tour Letters to the King and me concerning that doubt I made after I came from St Laurence, hath ^o (at is fed us both, that wc think it ft no Ioniser to (lick upon it, but leave it to your difcretion to take what fecurity you fl)all think ftting. Whereby he was ab folutely freed of that command-, and being fo freed thereof, he then remained under the Order which his Majefty, then Prince, had left with him at his departure, which was to proceed accord- ing to the Capitulations, and his Highnefs Declaration when he deliver- ed the faid Proxies unto him : And fo he intended to have done,tilI by his Highncfs's Letters November 15. 1625. he was diredly commanded the contrary •, which Commandment he moft readily and punctually obeyed. And for fuch his intentions, till he was countermanded, he con- ceiveth he had not onelyfufiicient warrant, but had highly offended if he liaddoneothtrwife. For firft, for his proceedings to confummate the Match, he had warrant and inftrudion under his late Majefties hantl. Se- condly,It was the main fcope of his Ambaffage. Thirdly,He was injoyned by the King and Prince his CommifTion under the Great Seal. Fourthly, He had pofitive Order under his Majefties Iiand by Letters fince. Fifthly, It was agreed by Capitulation, that it fliould be within fo many dayes after the coming of the Difpenfation. Sixthly, His late Majefty, and his Majefty that no\y is, then Prince, fignified by their Letters unto him at the fame time when they difcharged him of his Commandment, touching 3^ 2 Caroli. The Earls Reafons why he was for- ward tocon- hinimare the Mjtth,tilwar. rant came t ) rhc contrary. iOl Htflorical CoUeBions, i6z6. The rcfliruri- on nf theP.t- l(tfhiat.\ pro- mifcil !iy the King of S;i.iii ami Olhfirex^. touching the 7/?/"4«f^«/?r/rf, fo formidable to us now, was well refifted •, and to " the United Provinces of the Low-Countreys fuch abeginning,growth, *' and ftrength was given, as gave us honor over all the Chriftian World. " The Commons therefore wondring at the Evils which they fuffered, " debating of the Caufes of them, found they were many drawn like" "one Line to one Circumference of decay of Trade, ajid ftrength of " Honor and Reputation in this Kingdom •, which as in one Centre, " met in one great Man, the caufe of all, whom I am here to name, The " Buke of Buckingham. Here Sir Dudley Biggs made a little flop, Preamble to the Charge, viz. and afterwards read the The Commons Declaration and Impeachment againft the Duke of Buckingham. For the (peeJy Redref of great Evils and Mifcheifs , and of the cheif caufe of thefe Evils and Mifcheifs which this Kingdom of England now gricvou/Iy ftiffereth, and of late years hath [ttfered -, and to the htnor and fafety of our Soveraign Lord the King , and of his Crown and Dignity ; and to the good and tvelfare of his people, The Commons in this prefent Par- liamsrrt by the Authority of our faid Soveraign Lord the King affemhled , Do by this their Bill fherv and declare againft Gtox^Q Duke, Marque f and Earl of Buckingham , Earl of Coventry , Fifcount ViUers , Baron of Whaddon, Great Admiral of the Kingdoms of 'En^hnti 4W Ireland, and of the Principality of Wales, and of the Dominions and I (lands ef the fame, of the Town of C3.hls^ and of the Marches of the fame, 4W0/ Normandy, Gafcoigne, and Guienne, General-Governor of the Se.ts and Ships of the faid Kingdom , Lieutcnant-General Admiral, Captain-General and Gover- nor of his Majefties Royal fleet and Army lately [et forth , M after of the Horfe of our Soveraign Lord the King, Lord Warden, Chancellor and Ad- miral of the Cinque Ports, and of the Members thereof, Conflahle of Dover Caftle, ^uftice in Eyre of all the Fore (Is and Chafes on this fide the River Trent , Conjlable of the Caftle of Windfor , Gentleman of his Majc(iies Bed-chamber , one of his Majefties mo ft Honorable Privy Council in his Realms, both in England, Scotland, and Ireland, and Knight of the mo ft Honorable Order ef the Garter % The Mifdemeanors, Mifprifions, of- fences. Crimes, and other Matters, compn fed in the Articles following -, and him the (aid Duke do accufe and impeach of the faid Mifdemeanors , Mifprifi- ons, offences, and Crimes. Rr My Caroli. 3o8 Hijlorical ColleBions, An, 1626. My Lords, " r ' [ ^ His lofty Title of this Miglity Man, methinks dorh raife my " I fpirits to fpeak with, a P4«/o Majora Cammui -, and let it not " ^ difpleafe your Lordlhips , if for Foundation , I compare the "beautiful ftrudure and fair compofition of this Monarchy wherein we " live, to the great work of God, the World it felf : In wnich, the folid " Body of incorporated Earth and Sea, as 1 conceive, in regard of our " Husbandry , Manufadures , and Commerce by Land and Sea , may " well refemble us the Commons, And as it is incompafled with Air, "and Fue, and Sphears Celeftial, of Planets and a Firmament of fixed " Stars •, all which receive their heat, light, and life, from one great, glo- " rious Sun, even like the King our Soveraign. So that Firmament of " fixed Stars I take to be your Lordfliips -, thofe Planets the great Offi- ''cers of the Kingdom-, that pure Element of Fire, the moft Religious, " Zealous, and Pious Clergy -, and the Reverend Judges, Magiftrates, "and Minifters of Law and Juftice, the Air wherein we breache: All " which encompafs round with cherifliing comfort , this Body of the "Commons, who truly labor for them all-, and though they be the '' Foot ftool,and the loweft, yet may well be faid to be the fetled Centre "of the State. " Now (my good Lords) if that glorious Son , by his powerful " Beams of Grace and Favor, fliall draw trom the Bowels of this Earth, "an exhalation that ihall take Fire, and burn and fhine out like a Star, it " needs not be marvelled at, if the poor Commons gaze and wonder at " the Comet 5 and when they feel the effeds, impute all to the incorrup- *' tible matter of it : But if fuch an imperfed mixture appear, like that " in the laft age in the Chair of Capopeia, among the fixed Stars them- " felves, where Artflotle and the old Philofophers conceived there was no "place for fuch corruption , then as the Learned Mathematicians were " troubled to obferve the irregular motions, the prodigious magnitude, and the ominous prognofticks of that Meteor -, fo the Commons when they fee fuch a blazing Srar in courfe fo exorbitant in the Affairs of this " Commonwealth, cannot but look upon it, and for want of Perlpedives, " commend the nearer examination to your Lordibips, who may behold "it at a nearer diftance. Such a prodigious Comet the Commons take " this Duke of Buckingham to be -, againft whom, and his irregular ways, " there are by learned Gentlemen legal Articles of Charge tobe delivered " to your Lordfliips , which I am generally firft commanded to lay open. " I. The Offices of this Kingdom, that are the Eyes, the Ears, and the Hands of this Commonwealth, thefe have been ingrofted, bought and fold, and many of the greateft of them holden even in the Dukes own hands -, which feverally gave in former ages,fufficient con- tent to greateft FavQriies,and were work enough for wifeft Counfellors-, by means whereof, what ftrange abules, what infinite negleds have followed ^ The Seas have been unguarded. Trade difturbed, Merchants opprefled, their Ships, and even one of the Royal Navy, by cunning pradice, delivered over into Foreign hands •, and contrary to our good " Kings cc cc B c D F Hi^orical CollcBms. 20p " Kings intention cc employed to the prejudice (almoft to the ruine) of 2 Catoli. " Friends ot our own ReHgion. ' " 2. Next Honors (tliofe moft pretious Jewels of the Crown) a " Treafure ineftimable, wherewith your Noble Anceftors (my Lords) "were well rewarded for eminent an.l publick Service in the Common- " wealth at home-, for brave exploits abroad, when covered all with "■ duft and blood, they fweat in feivice for the honor of this Crown. " What back-ways, what by-ways, have been by this Duke found out- is too well kno»vn to your Lordlhips :" whereas antiently it was the " honor oi England 'as among the Rom.ws) the way to the Temple of Ho- " rior, was through the Temple of Ferine. But I am commanded to prefs " this no farther , then to let your Lordfliips know, one inftance may " (perhaps) be givea of fome one Lord compelled to purchafe Ho- " nor. " 5, As divers of the Dukes poor Kinred have been raifed to B " great honors, which have been and are likely to be more chargeable " and burthenfome to the Crown •, fo the Lands and Revenews, and the " Treafuriesof hisMajefty, have been intercepted and exhaufted, by " this Duke and his Friends, and ftrangely raif-employed with ftrangc "confufionof the Accounts, and overthrow of the well eftabliflied an- " tient Orders of his Majefties Exchequer. " 4. Thelaftof the Charges which are prepared, will be an injury " offered to the perfon of the late King of Blefled memory, who is with " God, of which (as your Lordlliips may have heard heretofore) you " (hall anon have further information. Now upon this occafion, I am "commanded by the Commons to take care of the honor of the King " our Soveraign that lives, (long may he live to our comfort, and the " good of the Chriftian World) and alfo of his BlefTed Father who is *' dead ^ on whom , to the grief of the Commons , and their great " diftafte, the Lord Duke did (they conceive) unworthily caft fome ill " odor of his ov: n foul ways 5 whereas Servants were antiently wont to J) " bear, as in truth they ought, their Mafters faults, and not caft their own '•onthemundefervedly. Ii is well known the King (who is with God) "had the fame power, and the fame wifdom, before he knew this Duke, " yea, and the fame affedions too 5 through which (as a good and grati- "ousMaftei) he advanced and raifed fome Stars of your Lordilnps Fir- " mament ; in whofe hands this exorbitancy of will, this tranfcendency "of power, fuel) placing and difplacing of Officers, fuch irregular run- " ing into all by-courfes of the Planets, fuch ffele and fingle managing of " the great Affairs of State, was never heard of, " And therefore, onely to the Lord Duke, and his procurement, by " mif- informations, thefe faults complained of by the Commons, are to " be imputed. " And for our mofl Gratious Soveraign that lives , whofe name "hath been ufed, and may perhaps now be for the Dukes juftifica- " tion , the Commons know well, That among his Majefties moft Royal " Virtues, his Piety unto his Father, hath made him a pious nouri(her of "his Affections ever to the Lord Duke, on w^hom, out of that con- " fideration, his Majefty hath wrougiit a kinde of wonder, making Fa- " vor Hereditary •, but the abufe thereof muft be the Lord Dukes own : " And if there have been any Commands , fuch as were or may be "pretended, his mi f informations have procured them •, whereas the <.<. Laws ^10 Hijlorical ColleSons. An. 1626. The Com- mons Articles againA the Duke. His ingrofTmg many CfTkes. Plurality of Offices. His buying of Offices. krt Clifford, it was agreed in Parliament that he iTjould have the voices of both, becaufe the other muft of neceffity be abfent : And they both amongft other things petiti- oned the Council, that if the King in his Perfon fhould come on the Sea, they might havefuch a liberty to wait upon him,as they might make their Lieutenant during the time for the fervice of their places. But the Coun- cil that allowed the reft, or moft of their demands, anfwered to that, Le Councel ne pent f aire. Then he eftimated the nature of the offence, by the confequences which follow the not guarding of the Seas. viz. i. The lofTes already fhewed. 2 .The prevention of Trade,which gives life to the wealth of the Kingdom. 3. The weakning of the Naval ftrength, the Merchants being thereby dif- couraged from building fliips which they cannot ufe. In i Rich.z. the Commons opened the two chief and almoft whole Caufes of the weakning the Kingdom at that time^the negledl of Chivalry and eminent vertuenot regarded nor rewarded •, the decay of Trade fince the Navy was grown weak. Historical Colle&ions. 315 B D weak, befides all the lofs of quiet pofTefTion of (o large a Territory as the Seas ot E»rUnd and Ireland^ by the free ufe of which the ancient glory and greatnefs of the Crown of £»^/.Whath fo conftantly fubfifted. Thenheinftanced in Michael de la Pool^ Lord Chancellor, who in 9 Rich. 2 . mif-fpent Subfidies given pro falva cuftodia maris ^ as appears in the Roll, andwasadjugedin Parliament (though for other offences, be- caufe fome other Lords of the Councilhad been trufted with him, and it was not fit to impeach him (ans les companions) they taking it for a crime Without queftion fit to be complained of. Secondly, in William Duke of Suffolk, who for the fame fault, being Admiral onely in the right of Henry Earl of Exeter his Ward, was by the King extraordinarily commanded into banidiment. Then he brought examples of fuch who had been put to death, and confifcated for notfafe-guarding Towns,andCaftles, and Forts,which are of like nature with not fafe-guardmg the Seas, and with lofing the pof- feflion of the Crown. To the Fifth he faid. The flaying of the fhip called the Peter of Nervhaven, and detaining part of the goods, was agamfl the Marine Laws of England, againfl the Common Laws, againft the Laws of Merchants, and confcqucntly the Law of Nations. By the Marine Laws agreeable to the Civil Laws, fentence given by any SubjeAorotheragainft the King, may upon new proof be revoked, but not without new proof. He made by his Patent a Judge of all Maritine Caufes, as well as Keeper of the Seas, his Jurifdidion was to beexer- cifed jHxta leges noftras civiles ^ Maritimas, and accordingly to hear all Caufes, and generally to proceed ex officio mere mixto &fromoto [ecundum leges no fir as Civ ties <^ Maritim/ts. Againff the Common-Laws, All Juflices and all other deputed to do Law or Right, are command- ed by Ad of Parliament to permit the courfe of ordinary Juflice •, and al- though they be commanded to do the contrary, that they do execution aright, and according to juflice as far as in them lies, and fo for any Let- ters of Commandment which may come unto them from us, or from any other, or by any other caufe. Againfl the Law of Nations. Againfl what is agreed by the Leagues between us and Forain Nati- ons, That the Subjeds of Nations in Amity with us fliall be well ufed, and permitted without Moleftation, for what caufe or occafion foever, ac- cording to the Laws and Cufloms of the places where they iliall be. Laflly,againfl the Laws of Merchants which is to have Celeremjtiflitiam. The Confcqtiences of this offence are -, I . Great damage to our Englilh Merchants, that have fuffered by rea- fon of it in Forain Parts, as they alleadge. 2, It is a difcouragement to thofe that are SubjeAs to the Marine Jurifdidlion. 3. An example that may ferve hereafter to juflifieall abfolute Authority in the Admiral, without Law or Legal courfe,over the fljips and good of all Merchants whatfoever, and fo no fecarity to Merchants. Laflly, He inflanceth in the Duke of Suffolk^ who was adjudged in Parliament for Treafon,and among other of- fences it was laid to his charge, that he took to his own ufe goods Pirati- cally taken, and exprefly againfl the Order determined by the LordPro- tedlor and the whole Council,whereunto his hand had been for the reflitu- tion of them. Next were read the Sixth, Seventh and Eightli Articles; viz.. S f 2 VL Whereas Caroli, The Fifth Ar- ticles enlarg- ed by Mr Sei- dell. 5i<5 HiBorical CoUeBions, An 1626.1 VI. Whereas the honor, wealthy and ftrength of this Realm of ^^^,y-^ £«^/4Wismuchincreafe(iby theTraffick, chiefly of fuch Merclianisas ' imploy and build great warlike Ships , a conlideration that (liould move all Counfellors of State, efpecially the Lord Admiral to cherifh and maintain fuch Merchants, The faid Duke abufingthe Lords of the Parliament in the One and twentieth year of the late King ^amesoi famous memory ^ with pretence of ferving the State, did opprefs the Ez{\.-India Merchants and extorted from them Ten thoufand pounds, in the fubtil and unlawfuU manner following. About Felrtiary in the year aforefaid, he the faid Duke hearing fome good fucccfs that thofe Merchants had at Ormui^ in the parts beyond the Seas, by his Agents cunningly in or about the moneth aforefaid in the year of the faid late King, endeavored to draw from them fomc great fum of money ,which their poverty, and no gain by tliat fuccefs at Ormas made thofe Merchants abfolutely to deny 5 whereupon he the faid Duke per- ceiving that tlie faid Merchants were thenfetting forth in the courfeof their Trade, four Ships, and two Pinaces laden with goods and merchan- dife of very great value, like to lofe their voyage if they they (hould not fpeedily depart. The faid Duke on the firft of March then followina, in the faid year of the faid late King, did move the Lords then afTembled in the fiid Parliament, whether he (hould makeftay of any Ships which were then in the Ports, (as being high Admiral he might) and namely, thofe fliips prepared for the Ea{l-/W/4 voyage, which were of great bur- then and well furnifhed^ which motion being approved by their Lord- fhips, the Duke did ftiy thofe Ihips accordingly 5 but the fifth of M.nch following, whenthe then Deputy of that Company, with other of thofe Merchants, did makefuit to the faid Duke for the releafe of thofe Ships and Pinaces 5 he the faid Duke, faid he had not been the occafion of their ftaying, but that having heard the motion with much earneftnefs in the Lords Houfe of Parliament, he could do no lefs then give the order they had done -, and therefore he willed them to fct down the reafons of their fuit, which he would acquaint the Houfe withall, yet in the mean time he gave them leave to let their faid fhips and Pinaces fail down as low as Til- bury. And the tenth of March following an unufual joynt adlion was by his procurement entred in the chief Court of Admiralty, in the name of the faid late King and of the Lord Admiral, againft them for Fifteen thoufand pound taken Piratically by fome Captains of the faid Mer- chants niips,and pretended to be in the hands of the Ez^-India Company- and thereupon the Kings Advocate in the name of Advocate for the then King and the faid Lord Admiral, moved and obtained one Attachment, which by the Serjeant of the faid Court of Admiralty was fervedon the faid Merchants in their Court the fixrecnth day of iv/^irf A following 5 whereupon the laid Merchants, though there was no caufe for their mo- leffationby the Lord Admiral, yet the next day they were urged in the faid Court of Admiralty to bring in the Fifteen thoufand pounds, or go toprifon: wherefore immediately the Company of the fiiid Merchants did again fend the Deputy aforefaid and fome others to make new fuit un- I to the faid Duke for the re\eafe of the faid Ships and Pinaces ; who un- ! juftly endeavoring to extort money from the faid Merchants, protefted I that the Ships (hould not go except they compounded with him •, and ! when they urged many more reafons for the releafe of the faid Ships and [ Pinaces, the Anfwer of the faid Duke was. That the then Parliament muft <^ firft B D Hijlorical ColIeBions. V7 VII. whereas the Ships of our Soveraign Lord the King , and of his Kingdoms aforefaid, are the principal ftrength and defence of the faid Kingdoms, and ought therefore to be always prefcrved and i'afely kept under the command, and for the fervicc of our Soveraign Lord tke Kmg , no lefs then any the FortrefTes and Caftles of the faid Kingdoms ; And whereas no Subjecfl of this Realm ought ro be difpoflefl'ed of any his Goods or Chattels without order of Juftice, or his own confent firft duly had and obtained:The faid Duke being Great Admiral oiEngla>td,Gover- nor-General and Keeper of the faid Ships and Seas, and thereof ought to have and take a fpecial and continual care and diligence how topreferve the fame •, The faid Duke in or about the end of ^uly laft,in the firft year of our Soveraign Lord the King, did under the colour of the faid Office of Great Admiral of England, and by indirect and fubtile means and pra- ftices, procure one of the principal Ships of his Majefties Navy-Royal called the Vantguard, then under the Command of Captain ^ohn Pen- nington, and fix other Merchants Ships of great burden and value,belong- ing to feveral Perfons inhabiting in Z, are " indesd feveral parts of one Charge, rather then feveral Charges, and " have fuch a connexion in themfelves, that with your Lordlliips leaves " I will handle them both together without dividing them, which I hold " will be the ftiorteft and fitteft way to do right to the Caufe,and to your " Lordftilps. " The Sixth Article giveth me occafion (my Lords) thus to enlarge "my felf. In a Treaty the i8.oi Augufi i(504.between our late Soveraign "King ^ames of glorious memorv, and pW/p the Third King of Spain, « It B D cc B D Hiflorical Colie&ions. cc a It was agreed, That there Ihould be perfect Amity and Peace to endure " for ever by Land, Sea, and Frefli-waters, between thefe Kings, their " Heirs and Succeffors, their Dominions, Liege-men and Subjeds then " being, or which llioKld be •, And that either party lliouW then after ab- " ftain^from all depradations, offences and fpoils, by Sea, Laiid, and " Frefli-waters, in what Dominions or Government foever of the other, " and Hiould caufe reftitntion to be made of all depradations which then " after ihould be comitted, and the damages growing by means thereof; *' And that the faid Kings (liall take care that their Subjeds ihould from " thenceforth abftain from all force and wrong-doing, and that they like- " wife lliould revoke all CommifTions and Letters-Patents of Reprifal or " Mart, or otherwife, containing Licen. cc c: cc cc cc (.<. cc their Im-prifonment-, but the Judge took time toconfider of it. The Company finding by chefe extraordmary and excream couiies the drift of the Duke, whofe greatnefs and power feemed unrefiftable, and his rainde implacable without fatisfadion to his own content, and with- al obferving what a {freight they were caft into by reafon of the ft.iy of their Ships ; which, if it were much longer, they muft needs lofe their Voyage utterly for this year, and the very unloading of them would endamage them to the value of the fiim extorted : And being told that the Eye of the State was upon this bulinefs, and that it would light heavy upon them ; and hearing the Duke proteft their Ships Ihould not go, unlefs they compounded with him, and finding that he made difficulty of releafing their Ships, by faying. The Parliament muft be moved before they could be difcharged, albeit the wind were now fair for tliem. And making overture of forae reafonable grounds of com- pofition, by offering to grant Letters of Mart to the faid Company for the future againft the Subjeds of the King of Spain, vvhile yet the Peace and Treaty between his late Majefty, and the King of Spain, were not broken or diflblved. " The faid Company being intangled by the Dukes fubtilty, and overcome at laft by the terror of his power and greatnefs, was drawn to make offer of Six thoufand pounds to the faid Dui4;», in conformity of the Contra{ Chcvcrcux zwA " Moniieur Vtllocleox finding that they could not accomplifh their defigns '■^ax Roche ftcr, but they muft be fain to defer thegetting thereof till the "coming of the (liips back again to Diep^ where it was thought that " better opportunity and more advantage for their ends would be had, "did to that purpofe make and ordain the Marquis d' Effiat their Deputy *' to contratfl with the Captains and Mafters of the Englfih ihips forrhe " French Kings fervice, as effedually as themlelves miglit d^o, thereby '■' transferring their power in that behalf to the Hiid / Effiat, who intended *' to go over to Diep forthwith about this bufinefs. The Duke of Buck- ^'■ingham having thus the fecond time dealt with the Capta'ns and Mafters " to go to D/V/',and armed and prepared / Efftt how and in what manner '^ there to circumvent them, fent over to Diep privately, and under- *' hand, Iiis Secretary Mr Edward Nicholas, together with d' Effiat. Mr " NichoUs at and before the going over, had InftruLlions trom the " Duke by word to fee the execution of the Kings plcafure (ignified "by the Letter from my Lord Coarvay, and to procure the Captains " and Mafters of the faid Merchants fliips to deliver over their ihipS "into the hands of the French, upon the fecurity peraffetted at Ro- " chefier by the three French Ambafl'adors, and by them delivered to the " Duke of Buckingham^ who committed the fame to the faid Mr Ni- '■^chclas^ as the fecurity which in that behalf he was to take and " accept. Mr NichoUs according to thofe Inftruflions, went to Diep with ^^d' Effat^ and was there very urgent to get the fliips delivered to D " the French, according to the faid Inftru6tions at their coming over "toD/>p: d' Effiat cazved a Suit and Proteft againft our Captains " and Mafters, and their original Articles, the better to enlbrce them " to perform the fame, without refped to the Dukes verbal preten- " ces or Allegations made to the Captains and Mafters at Rochefter^ and " in other places formerly to the contrary. ",The Captains and Mafters came over again to Dief about ^ttlj 20. " where they found themfclves in a ftrait by reafon of the faid Pro- " teft there entreJ againft them, the Dukes mftru(flions by word be- " ing too weak to exempt them from obtaining their Contradundertheir " Hands and Seals -, alio Mr NichoUs ufing the Kings name with threat- "ning words, was there very earneft from day to day, and very ve- ''hemently prefted them to deliver over their fliips before fecurity " given to their content, contrary to the former Propotition, {viz-, the '' Lord Dukes word to them at Rochc(lcr) which they refufing to yeild un- " to, Adveitifement thereof was fpcedilyfent to the D\xkeo{ Buckingham^ " and to his Agents into England, and Mr NichoLts continued ftill at Diep '' about his former Negotiation. '^ J-iilf 27. 1625. Siv ferdinando Gorge^Anth. Touching, ^ames Moyer " Henry Lemn^ Tho. Davies^ J'^P- B'^rdtiwd J-ames Davies^ as owners and " Captains of the faid feven Hnglilh Ihips hired for the Freneh,did exprefs ''in writing, that they held it fit they flrould not quit fliips their till they U u 2 '^' had, i Caroli. zv Hijlorical CoUeBions, Aff. 1626. had made their own reafonable conditions, and were freed from the que- " ftioRS, and troubles they were in 5 and in particular, 1. <' They prayed to be free of the faidProteft, that they might the " better treat of their affairs. 2. "If the the French King would have delivery ©f their fliips in- " to his power and poflelTion, that then they might have fecurity by " money depofited in London^ without Revocation for fatisfaftion of " their (hips, the former fecurity by Merchants being infufficient, and a '' flop already made of their pay, which upon that fecurity they know not " how to come by. 3. "Becaufe their (hips being Fortrefles of this Kingdom, and the " delivery of them over into the hands of a Forein Prince without good " warrant, concerneth even their very lives, that they might have a war- " rant in that behalf under the Great-Seal of England before they (hould '' be bound to deliver them over , 4. *' To be free of their bonds enrred into for not felling their Ord- " nance, and alfo free of punifhment in that behalf, and they ihewed how '' they were more cautious herein, for that Commiflioners drew the firft " Articles, whicii were now wholly broken, and thefe Articles were to be " done by therafelves. '' And this writing they fent from their (hips by one Mr Baffet Cole^ " to prefent on (bore to the Marquis d" Effiat at Diep^ appointing the " faid Mr Cole to treat for a fpeedy conclu(ion according to thefe Arti- "des', who treated accordingly : And the faid Marquis, to induce him '' to yield to his demands, (hewed a Letter in French ligned by the Duke *' of Buckingham, whereby the Duke promifed his end?avors to get the " Marquis's turn ferved touching thefe (hips. "Thenextday, 'viz, 2S^uly 162^. Mr iV/^r^eZ/ff came aboard the '' Neptune, and declared in writing under his hand, how and why he was " fent over by the Duke of Buckingham^ as before, and craved the Cap- '' tain and Mafters Anfwer in writing under their hands, whether they " would conform to the Lord Centvays Letter, and to the Inftrument '' peraffetted at Roche(ler-, for delivery over of the faid (hips, yea or no, " offering to procure them a fufficient difcharge to their contentment '' for their fo doing. " The fame day alfo Sir Ferdmando Gorge and the reft, by writing '^ under their hands fubfcribed, did declare as foUoweth -, namely. That they mere niUing to obey ettr Kin^, hut held not the fecurity peraf- fetted at Rochefter by the three Jmbaffadors to be fufficient (though hontra- ble) and [0 they abfolutely re fu fed to deliver their f\nps upon that fecurity, de fi- ring better caution in that behalf, 1 . By Merchants of Paris. 2. To be trans ferred to hoadott. 3. Irrevocable, 4. And fuch as might not be prote^ed by Prerogative 'j and to have this under the Hands and Seals of both Kings. " All this while our King or body of the Council knew nothing in cer- " tain of any other defign of the French,then only of their pretence againft " Genoa,-\nA believed that all the Articles and Inftrument s that had parted j " between the French and us, or the Captains,Mafters,and Owners of the Engli(h Hi^orical CoUeBions. VP> B D cc C( Englifli Hiips had been penned and contrived with full and good Cauti- " ons accordingly, for p;evention of all dangers that might grow to the *' contrary. Alfo the fame 2 8 ^w/y, the Captains and Matters taking no- " ticeof Mr. NichoUi prefTmg them to deliver their fliips before fecurity " given to their content, contrary to former Propofitions,which they held " unreafonable, did make anfwer unto the Marquis in writing, That until " they /liould have fecurity to their contentment, they would not quit the " pofleffion of their iliips unto the French (which was but reaibnable) and they fent therewith a valuation of their feveral lliips as they would ftand to. They likewife demanded a performance of all things formerly " fent to his LordHiip from them by MwNichol.u ( fave only for the fe- " curity by money depolited) faying, that for all the reft they durft " not proceed otherwife, " Laftly they prayed for a fpcedy Anfwer, that the delay in this " bufinefs may not ieem to be in them. " But d'£//?4? being confident of the Duke oi Buck'tngh^nn s Ltttex% " promifes, and proceedings aforefaid, would not confent to ihefe reafon- " able demands of the Captains and Matters of the Englidi ttiips, pro- ** trading the time till he might hear further from the faid Duke out ''of Bn^Ltnd. " While thefe things were thus in handling both in France and in '-'' England, there were written over out of France into England Letters " of advertifemenr, how and upon what ground, or by what ad or means '' procured or occafioned, appeareth not 5 yet from one Mx. Larking a "fervant to the Earl oi Holland, and a kind of Agent, a perfon fome " way imployed by our State, or under fome of our Ambaffadors or Mi- " nitters in France ^ That the Peace was concluded with thofe of our Re- " ligion in France, and that within fourteen days the War wouU break " forth or begin in Italy, with a Defign upon Genoa, a matter of great '' importance for annoying the Spaniard. "This Letter of Larking came to the Englifh Court at Richmond "28 ^ttly^ when the Duchefs oichevereux Child was there Chriftened, " and the Contents thereof ( as hath been alleaged) were confirmed by " the Ambafladors of Savoy and Venice: By the advantage and colour " whereof the Duke of Buckingham drew the King ( who all this while " knew nothing of the Defign upon Rochel or thofe of our Religion, but " thought the former Articles had been fafe and well penned both for " him and his Subjeds ( according to the moft religious and politick "intention, and Inftrudions in tlut behalf originally given by his late " Father ) to write a Letter dated at Richmond the fan\e 28 ^uly direded " to the faid Captain Pennington to this efl^edt, viz. " His Majefty did thereby charge and command the {iiid Captain " Pennington without delay to put his Highnefs former Command in cxe- "cution, for configning the Vantguard into the hands of the M.irquis " D'Effiat for the French, with all her Furniture, affuring her Officers " his Majefty would provide for their Indemnity •, And to require the " feven Merchants fliips in his Majefties name to put themlelves into the "fervice of the French King, according to the promife his Majefty had " made unto him •, And in cafe of backwardncfs or refufal, commanding " him to ufe all forcible means to compel cherfi, even to finking -, with a " Charge not to fail, and this Letter to be his Warrant. " Tliis Letter was fent by Captain Thomas Wilbraham to Captain " Pennington,vjho was yec in the Dojvms. In the beginning of Auguft 162$. Capta in 2 Car0lf. 334- Hijlorical CoUeBions, ti Au^ 1625. "Captain Penmmton went over again to Diep, carrying with him the " faid Letters of his Majefty, and certain Inftrudions in writing from the" " Duite of Buckingham to Mr. Nicholas^ agreeable in fubftance to the "former verbal Inftruitions given by the Duke to him at Roche fter , as the faid Nicholas alleadgeth •, who alfo affirmeth, that in all things " what he did touching that bufinefs, he did nothing but what waswar- " ranted by the Dukes Inftrudlions to him •, which if it be true, then " the Duke of Buckingham who commanded and imployed him therein " muft needs be guilty of the matters fo aded by the laid M.x.NichoUi, " If there be any fubfequent a<5l or affentof Council, or of fome Coun- fcllors of State for the going of thefe fliips to the French , or for putting them into their power, it was obtained only for a colour,, " and was unduly gotten by mifinforming the Contents of the fcaled *' Articles, and concealing the Truth, or by fome other undue means : '• Neither can any fuch latter a6t of Council in any fort juftifie the " Dukes proceedings, which by the whole current of the matter appears " to have been indirect in this bufinefs even trom the beginning. About " the time of Captain Pennington s coming over to Diep the fecond time, " MwNicholai did in his fpeeches to the Captains and Mafters of the " feven Merchants ihips threaten and tell them. That it was as much ' 'as their lives were worth, if they delivered not their fhips to the French " as he required ; which put them in fuch fear as they could hardly Ikep : " And thereupon two of them were once refolved to have come again " away with tlie Hiips •, and becaufe the former threats had made them "^'afraid to return into England, therefore to have brought and left their " (liips in the Downs, and themfelves for fafety of their lives to have gone *' into Holland. " Captain Pennington being the fecond time come into Dief, there " forthwith delivered and put the faid (liip the Vantguard into the " abfolute power and command of the French King , his Subje»5ls and '•jVlinifters, to the faid French Kings ufe, to be imployed in his fervice " at his pleafure ^ and acquainted the reft of the Fleet with the effeft "of his Majefties Letter and Command, and demanded and required " them alfo to deliver and put their fliips into the power and command " of the French King accordingly. The Captains, Mafters, and Owners "of the feven Merchants fliips refufed fo to do, as conceiving it was " not the Kings pleafure they fliould fo do without fecurity for redelivery *' of their fliips, or fatisfadtion for the fame to their good contentment. " Hereupon Pennington went on fliore at Dief , and there fpake with ' D'Effiat the Ambaflador, and fliortly after returned aboard, and gave ' the Captains, Mafters and Owners an Anfwer, refting upon the vali- " dity, and urging the performance of the former Contrad made and " peraffetted in England. " Then the faid Mafters and Captains prepared to be gone, and " weighed anchor accordingly. Whereupon Captain Pennington fliot at " them, and forced them to come again to anchor, as yielding themfelves " for fear to his- mercy and difpofal. Llpon this. Captain Pennington and " the Frenchmen that now commanded the Vantguard, came aboard the " Merchants fliips, and there propofed unto them a new way for their " fecurity touching their fliips , namely to accept the fecurity of the " Town of Dief : Whereupon they all went afliore except Sir Ferdi- '■^nando Gorge, who with his fliip the Great Neptune adventured to «■' eome away, as not liking thefe new and unreafonable Propofitions. f " At (( HiHorical ColicBions, B D "At their coming afliore they fpake with Mr.iV/V^f?/**/, and there by his " enforcement came to a new Agreement to accept the Security ot the a ^ An. 1626, Hiflorical CoUeBions, cc "Company, Manor Boy, (other then one onely man, a Gunner as it " (hould feem) would ftay in any of thofe iliips, to ferve againft the " Rochellors, or thofe of our Religion. " As foon as thefe (hips were thus delivered into the poffeflion and '• power of the French, the faid AmbafTador then moved them, and " dealt earneftly with them for the fale of their (hips. Mr Nicholas ha- " ving finiflied the work he went for, at his coming from Dief he recei- " a Diamond-Ring worth Fifty pounds, and a Hatband fetwith Sparks " of Diamonds, worth One hundred Marks , of the AmbafTador, as " a recompence for his pains taken in this Imployment, which (although ' Ambaffadors do confer greater rewards fometimes at their parting upon perfons of Mi Nicholas his quality, for lefs fervicc done) yet *' was it more then fo ill an office as he was imployed in could in *'any fort defervT. " The faid Captain remington returned fpeedily into England^ and "took his journey towards tht City 0^ Oxford^ where the Parliament ''was then fitting, by adjournment from Weflminfter thither, and " there feveral Propofitions were taken into debate for the good of our " Rehgion, and the fupply of his Majefties occafions : For the well refolv- " ing and fetling whereof the true knowledg how,and upon what occafions '' and terms the feveral (hips were fent,delivered,imployed, and to be im- '' ployed,was very requifite. Afterwards nevertherthelefs upon or about '■'■ jiH7u[i6. 1625. at a meeting and conference between both the Houfes "of "parliament in Chnflchttrch-HM, after the reading there of his "Majefties moft gracious Anfwer to a Petition of the Lords and "Commons formerly exhibited unto his Majefty touching our Re- ''ligion, and much for the good thereof, the Duke of Buckingham "well knowing all the pafTages which I have now related to your " Lord(hips to be true, did not onely cauteloufly conceal the fame, ''but alfo much boldly anduntruely, by colour of a Mefiage deliver- " ed from his Majefty to both the Houfes, affirm unto them touch- '' ing thofe (liips to this effed ^ That it was not alwayes fit for '' Kings to give accompt of their Counfels , and that about five of " the fix Moncths were already paft, and yet the faid (hips were not " imployed againft Rochel 5 willing and advifing the faid Lords and " Commons to judge the things by the event, to which he feemed " to refer the matter. By which cunning Speeches the Duke intend- " ed, and accordingly did make the Lords and Commons then to '' believe. That the faid (hips were never meant, or any way ia dan- '' ger to be imployed againft the Rochellors, or thofe of our Religi- " on in France ^ and herein he did great injury and difTervice to his " Majefty, to the great fcandal and prejudice of our Religion and "Affairs, and highly abufed both the Lords and Commons by this ''cautelous and fubtile Speech and Infinuation, and thereby gave "both Houfes occafion to forbear Petitioning or fuing to his Ma- " jefty for Redrefs in this Bufinefs, while the time was not then " pafl'ed ; for the (liips were not as then actually imployed againft '' the Rochellors, albeit in truth they were then delivered into the " French Kings power, " And the fame time before the Parliament was di(rolved, Cap- '' tain Pennington , who could have opened the whole truth of the "bufinefs for the Service of the King and the Realm, came to " Oxford^ but was there drawn to conceal himfelf by means of the Duke A B D HiHorical CoUeBwns, \ W C( Duke. cc B D and not to publifh in due time his knowledge of the Pre- miil'es, as was there fhortly after reported. The truth whereof the "Lords in this Parliament may be pleafed to examine, as they (lull " feecaufe ^ the Parliament at Oxford being (hortly after, viz. Aitg.n, " unhappily diilolved. "In or about Sepember 1625. The faid fliips were a6lually im- " ployed againft the Rochellors and their Friends, to their exceeding " great prejudice, and almoft utter ruine. It hath been faid by fome " of the French, that the Fantguard) (he mowed them down like grafs : " To the great diflionor of our Nation, and the fcandal of our Religion, " and to the difadvantage of the great affairs of this Kingdom, and all " Chriftendom. " Alfo the Ships themfelves were in eminent peril ro be utterly " loft, for lack of fufficient Cautions. If they be come home fince this ** Parliament late down, long after the matter was here expounded and "ta-keninto examination ^ It maybe wellprefumed that it is by fome "underhand procuring of the Duke, and the fecret complying of the '■'■French with him, to colour out the matter; which the Lords may " examine as they fee caufe. The one and onely Englij})-man that pre- " fumed to ftay m one of the bhips, and ferve againft the poor Rochel- " lors of our Religion, at his return was llain in charging a Peece of " Ordnance not by him well fponged. '' la February laft 1625. Monlieur dc la Touche having fpeech with " Mafter Tbem^ts Shcnvell a Member of the Commons Houfe of Par- " liament, at Saltsbury, as he was coming up to the Parliament, and " Monfieur de la Touche going down into Somerfet-Jhire to Mafter ^oh» " Pawlets to Monfieur Sobf[a ^ He told Mafter Sherwetl, in the hearing " alfo of one Mafter ^ohri Clements of Plymouth, who is now in Town, " the words that the Duke had fpoken to him the laft Summer touch- " ing thcfe Ships -, and thereupon ufed thefe words, Ce Duque eft m " mcjhant homme. " Upon this whole Narration of the Fad touching the manner of " Delivery of the Ships to the French, divers things may be obferved " wherein the Dukes offences do confift : As, In betraying a Ship of " the Kings Royal Navy unto a Foreign Princes hand, without good " Warrant for the fame -, The difpoffefling the Subjeds of this Realm "of their Ships and Goods by many artifices and fubtilties, and in "condufion with high hand and open violence againft the good will " of the Owners •, In breaking the duty of Lord Admiral and Guardian "of the Ships andSeasof this Kingdom-, In varying from the original " good Inftru(5tions , and prefuming to give others of his own head " in matters of State 5 In violating the duty of a fworne Privy- "Counfellor to his Majefty •, In abufing both Houfes of Parlia- " mentby a cautelous Mifinformation, under a colour of a Meftage "from his Majefty-, And in difadvantaging the Affairs of thofe of " our Religion in Foreign parts : Offences of an high and grievous " nature. "For the proof of fome parts thereof, which are not the leaft, I "offer to your Lordftiips confideration the Statute of the i 6'^ E.6. " touching the Duke of Somerset ; wherein is recited. That amongft "other things, he did "not fuffer the Piers called the Nervhaven and '■'■ Blackcrji in the parts beyond the Seas, to be furniftied with viduals Xx "and 2 Careli, 538 Hijlorical CoUeBions, 1626. " and money , whereby the French were encouraged to invade and " win the fame •, Aud for this offence amongft others, it was Enacted, " That a great part of his Land fliould be taken from him. And if Non- « ffazancc in a matter tending to lofe a fixed Caftle belonging to the " King , be an high offence -, then the adual putting of a Ship Royal of " the Kings into the hand of a Foreign Prince, which is a moveable and ''•more ufefal Caftle and Fortrefs of the Realm, muft needs be held a " greater offence. " I will forbear to cite any more Prefidents of this kind, becaofe feme " of thofe who have gone before me have touched at divers Prefidents " of this nature, which may be applied to this my part. Only, becaufe " the abafe of the Parliament, which is the chiefeft Council of State "and Court of Judicature in the Realm, is not the leaft offence in this " bufinefs, I lliall defire your Lorddiips to take into confideration the " Statute-of Weflm. i. cap, 30. whereby fuch asfeemto beguile Courts "of Juftice, are to be fore judged in the fame Courts, andpuniChcd, as " by that Statute appearcth. So he concluded , and left the Duke to their Lordfhips equal Juftice. The Ninth and Tenth Articles were read next, IX. Whereas the Titles of Honor of this Kingdom of England were wont to be conferred as great Rewards, upon fuch vertuous and induftrious Perfons as had merited them by their faithful fervice 5 The faid Duke, by his importunate and fubtile procurement, hath not only perverted that antient and moft honorable way, but alfo unduly for his own particular gain he hath enforced fome that were rich ( though un- willing ) to purchafe Honor : As the Lord R, Baron of 7". who by practice of the faid Duke and his Agents was drawn up to London, in or about o^ober in the Two and twentieth year of the Reign of the late King ^ames of famous memory, and there fo threatened and dealt withall, that by reafon thereof he yielded to give, and accordingly did pay the fum of Ten thoufand pounds to the faid Duke and to his ufe : For which faid fum, the faid Duke in the moneth of ^anmrj, in the Two and twentieth year of the faid late King, procured the Title of Baron R. of T. to the faid Lord R. In which pradice, as the faid Lord R. was much wronged in his particular, fo the Example thereof tendeth to the prejudice of the Gentry, and diflionor of the Nobility of this Kingdom. X. Whereas no Places of Judicature in the Courts of Juftice of our Soveraign Lord the King , nor other like Preferments given by the Kings of this Realm , ought to be procured by any Subjecfl whatfo- ever for any Reward, Bribe, or Gift ^ He the faid Duke in or about the m.oneth of December in the Eighteenth year of the Reign of the late King ^ames of famous memory, did procure of the faid King the Office of High Treasurer of England to the Lord Vicount M. now Earl of M, Which Office at his procurement was given and granted accordingly to the Lord Vicount M. And as a Reward for the faid procurement of the fame Grant, he the faid Duke did then receive to his own ufe of and from the faid Lord Vicount M. the fum of 20000 /. 'of lawful money oi England. And alfo in or about the moneth of ^;t»«4;-)f in B D HiUorical CoUeBions. V0 B Caroli. c D in the fixteenth year of the Reign of the faid late King , did procure of 2 the faid late King of famous memory the Office of Mafter of the Wards ' axd Liveries to and for Sir L. C. afterward Earl of M. which Office was upon the fame procurement gi\ien and granted to the faid Sir i^.C, And as a reward for the fame procurement, he the faid Duke had to his own ufe, or to the ufe of fome other perfon by him appointed, of the faid Sir LjC. the fiftn of Six thoufand pounds of lawful money of England, con-' trary to the Dignity of our Soveraign Lord the King, and againft the duty that lliould have been performed by the faid Duke unto him. Thefe, as alfo the Eleventh Article, were enlarged and aggravated by lAx.Pym, in this manner. My Lords, ** A Lthough I know that I (hall fpeak to my own difadvantage, yet " fr amum of old "Rent, befides the Foreft of Lay field, of which we have no value, and " we can finde no Schedule granted by the lace King to my Lord of " Buckingkham within ten years paft, as appeareth by the feveral Grants '* vouched in the Schedule annexed-, and it was in it felf a great grievance, *' That in a time of fuch neceffity, when the Kings Revenues are not able " to fupport fuch a great charge, that fo much Land Ihould be conveyed ''to a private man : This he acknowledged was not tfie Dukes cafe " alone, for others had received divers Grants from the King, but none " in fo great meafure. '' And becaufe the Commons aim not at Judgement onely, but at ''Reformation, he wifhed. That when the King fhould beftow any " Land for fupport of Honors,that the cautkin which was wont to be care- •' fully obferved might again return into ufe-, that is, to annex thofe "Lands to the Dignity, left being obtained and wafted, the Party repair *' to the King for a new fupport ^ by which provifion the Crown will reap " this Benefit , That as fome Lands go out by new Grants, others will " come in by fpentlntails, " He faid he would not trouble their Lordfhips with repetition '' of the Laws heretofore made for preventing the alienation of the " Kings Lands, and for refuming thofe that had been alienated, nor of *■ the Ordinances made in this high Court for the fame purpofe, and " Fmes fet upon thofe that prefumed to break fuch Ordinances ^ he "onely added as a further enforcement of the Grievance, That when " the Kings Revenues be unable to defray publick neceflfities, the Com- mons muft needs be more burthened with Supplies. cc 2. "Hisfecond Point was, the unufual Claufes which the Duke by "his greatnefs hath procured to be inferred into the Warrants for "paffing of thofe Lands, of which two were mentioned -, the firft. That "thecafual profits (hould not be rated in the particulars ; the fecond, "That all Bailiffs Feesfliould bereprifed : Both whxh are to be proved "by the Warrants remaining with the Auditor of the Rates, and other " Auditors -, whereupon he prefented thefeConfiderations. " Firft, That it was a mark of Ingratitude and Infatiablenefs in the '' Duke, thus to ftrain the Kings Bounty beyond his intention 5 and char in. HiHorical CoUeBions. B 3# erou(ly [ucceed, as all men would defire it. If it pleafe his Majefly to remove and fet a fide all thefe difadvantages, he fhall fnd the Charge againft the Duke very empty and ef [mall moment And if his Majefly and the Dukes Grace think it no impeachment to their Honors, all that the Parliament hath objected againfl the Duke^ except trvo or three things that may receive an Anfwer, is pardoned at the Kings Coro- nation, rvhich benefit every poor Subject enjoyeth. May II. The King came to the Parliament, and fpake to the Houfe of Peers as foUoweth, My Lords, cc cc THe caufe, and onely caufe of my coming to you this day, is to exprefs tlie fenfe I have of all your Honors 5 for he that touchech any of you, touchech me in a very great meafure. I have thought fit to take order for the punifhing fome infolent fpeeches lately fpoken, I have been too remifs heretofore in punifhing fuch fpeeches as concern " my felf •, Not that 1 was greedy of their monies, but that Buckingham " through his importunity would not fuffer me to take notice of them, " left he might be thought to have fet me on, and that he might come " the forwarder to his Trial. And to approve his innocencie as touching " the matters againft him, I my felf can be a VVitnefs to clear him in " every one of them, " I fpeak not this to take any thing out of your hands •, but to " fhew the reafon why I have not hitherto puniilied thofe infolent fpeech- " es againft my felf. And now I hope you will be as tender of ray Honor, " when time Ihall ferve, as I have been fenfible of yours. And fo his Majefty was pleafed to depart. The fame day this following Meftage was brought from the Com- mons to the Lords, by Sir Nathanael Rich. T\?t €ommon0 tafeing into feriou^ confiDeration tlje manp mif^ cWcfe anD IncontJcntencfiS tuljiclj t(3ij3 rcnotoneO Itling&om DotO note fuffer, tlj?ratening apparent Danger to tlje lining anD Common^ toeaftt), t)at)el)p fcartti anD DifqiiiQtton into tljeCaufe^ thereof, founD t&attljepDo p?innpaUp Soto from tDe ejco^bitant potoer anD atiuQUe carriage of x\)z SDube of Buckingham, toljereof \)t W) tlJi0 Parlia^ nunt ban inipeatfjcD liefo;e t(jetr Io?li0;tp0 bp x\)t Commons, \it' ODcisanattufation of a^crr in tteir oton^JouCe, totJo OaiO cjjargeD tjim (a0tDepareinfo?nieD) cf ^igl^Creafon: Wat^ tlJerefo^e tuitl; one botcc mabe an entire 2)ecfaration, Ctat tbep UolD it a ttJing of Dangerous donfequence botD fo? tlje p^eCent anD future tinier, tOat a man of fo great eminence, potocr anD autDojitp, bemg impeacDeD anD fictuleD of fuel? titglj artime^anD OGFence^, OjoulD pet enjop W Aaa iliDertp Kings Speech concerning the Duke. The Commons Mtdige by Sir Nath.Ricb to feeure the Duke. ii,6i Hifiorical CoUeBions, Art. 1626. LtUcvtp, ijolD fo ficcat a pact of t\)c arengtlj of tlje tungDom in \)i& ljant)0 , Ot 80 a ^etr in parliament , anD be arquaintcD tptti; tOc Counfeljs tOetcoC , IwOercUp tncbitallc tnifctiicf map fuDDenlp fall upon t\)t fetngt)om» CBtJerefo?e tlJep tjabe tijoiigljt tt tOcir Dutp to xc' commenD t^i^tljcii: unanimous Df=tite to tt)ciclo?Da)ip0, asag^ecaWe tolatj) anDrcafon, COat tbcptwoulD be plcafcDfon[?toittJ to commit t\)t peifon of tUe faiD ^m to fafc CuCoDp, Whereupon the Duke made this Speech in the Lords Houfe, My Lords, The Dukes Speech again(\ the Commons. The Commons difcontcntcd at the impri- fonmenr of their Mem- 1 bcrs. Sir VuJIp Carktons Speech. "TF I fhould hold my peace, it woald argue guilt •, If I Hiould fpeak, i t'Xwould argue boldnefs, being fo foully accufed. Your Lordihips fe ^ It „ , _, J - d (hips fee what Complaints are made againft me by the Houfe of Commons. "How well I flood in their opinions not long fince, your Lorciihips " know it : What I have done fince to lofe their good opinions, I pro- *' tefl I know not. I cannot fo diftruft my own Innocencie, and my heart "which abhors guilt, as to decline any Courfe, or Court of Juftice: " And had not they brought my Caufe to your Lordfhips, it fliould have " been my own work •, And they have done me a favor to deliver me " out of their hands into your Lorddiips. " I will not fpeak any thing to caft dirt at thofe, who have taken " pains to make me fo foul •, but to proteft my innocencie in that meafure, " which I (hall ever hope to prove, it being before fuch juft Judges r '' I defire my Trial may be haftened, that I may no longer fuffer then I " muft needs. And now that my Accufer hath not been content only to " make my Procefs, but to prefcribe to your Lordfhips the manner of " your Judgment, and to jadge me before I am heard, I fliall not give " way to any of their unjuft Demands, &c. The Commons upon the Imprifonment of their Members, and the offence taken by the King at the words fpoken by thofe two Gentlemen in impeaching the Duke, refolved to proceed in no other bufinefs till they were righted in their Liberties, and ordered that the Houfe be turned into a Grand Committee prefently to fit and confidcr of the beft way and means to effeft the fame, and that no Member be fuffered to go forth. At which time Sir Dudley Carlton obfcrving that unufual, and as he term- ed itjfuUcn filence of the Houfe, made this Speech. " T Find by a great filence in this Houfe, that it Is a fit time to be heard, " -lif you pleafe to give me the patience. I may very fitly compare the " heavinefs of this Houfe unto fome of my misfortunes by Sea in my " Travels : For as we were bound unto MarfeiUis, by everfight of the " Mariners we miftook our Courfe, and by ill fortune met with a Sand ; " That was no fooner overpafl , but we fell on another ^ and having " efcaped this likewife, we met with a third, and in that we fluck ftft. "All of the Paffengers being much difmaied by this difafter, as now " we are here in this Houfe for the lofs of thofe two Members : At " laft an old experienced Mariner upon confultation affirmed , That " the fpeediefl way to come out from the Sands, was to know how we " came there ; So well looking and beholding the Compafs, he found "b\ Hijlorkal CoUeBions, <' B D by going in upon luch a point we were brought into that ftreight •, " wherefore we muft take a new point to reitifie and bring us out of " danger. "This Houfe of Parliament miy be compared to the Ship; the "Sands, to our MefTages-, and the Commitment, to the Sands that " the Ship did ftick faft in •, and laftly the Compafs, to the Table where " the Book of Orders doth lie. Then I befeech you, let us look into the " Book where the Orders are, whether the Gentlemen did go no further " then the Order did warrant them. If they did not, it is fit that we " (hould defend them whom we imployed in our behefts : But if they "have exceeded their CommifTun, and delivered that which they had " not warrant for, it is juft that we let them fu'fer for this prefumption ; " and this our Courfe will bring us from thefe Rocks. " I befeech you Gentlemen, move not his Majefty with trenchinc^ " upon his Prerogatives, left you bring him out of love with Parliaments. " You have heard his Majefties often MefTages to yoa, to put you for- "ward in a Courfe that will be moft convenient : In thofe Melfages " he told you, That it there were not Correfpondencie between him " and you, he fliould be inforced to ufe new Counfcls. Now I pray you " confider what thefe new Counfels are, and may be : I fear to declare " thofe that I conceive. In all Chriftian Kingdoms you know that Par- *' liaments were in ufe anciently, by which their Kingdoms were governed " jn a moft flourilhing manner •, until the Monarchs began to know their " own ftrength, and feeing the turbulent fpirit of their Parliaments, at "length they by little and little began to ftand upon their Prerogatives, " and at laft overthrew the Parliaments throughout Chriftendom, except " here only with uSi "And indeed you would count it a great mifery, if you knew the " SubjeiS in Foreign Countries as well as my felf •, to fee them look not '• like our Nation, with ftore of flefh on their backs, but like fo many " Ghofts, and not men, being nothing but skin and bones, with fome " thin cover to their nakednefs, and wearing only woodden (lioos on " their feet -, fo that they cannot eat meat, or wear good clothes, but " they muft pay and be taxed unto the King for it. This is a mifery be- " vond expreffion, and that which yet we are free from : Let us be carc- " ful then to preferve the Kings good opinion of Parliaments, which " bringeth this happinefs to this Nation, and makes us envied of all " others, while there is this fweetnefs between his Majefty and hisCom- " mons •, left we lofe repute of a Free-born Nation, by our turbulencie " in Parliament. For in my opinion, the greateft and wifeft part of a " Parliament are thofe that ufe the greateft (Hence, fo as it be not opi- " niotory, or fuUen, as now we are by the lofs of thefe our Members that "are committed. " This good Correfpondencie being kept between the King and ''his people, will fo join their love and favor to his Majefty with liking ■" of Parliaments, that his Prerogative ftiall be preferved entire to him- " felf without our trenching upon it -, and alfo the Priviledge of the Sub- *'je6l (which is our happinefs ) inviolated, and both be maintained to " the fupport of each other. And I told you, if you v/ould hear me pati- " ently, I v:ould tell you what exception his Majefty doth take at thofe " Gentlemen that are committed. You know tiiat Eight Members were " chofen to deliver the Charge againft the Duke, but there were only " Six imployed for that purpofe 5 infomuch that tliere was no Exception. cc CC I Aaa i^i 2 C to tljat effect* Within few dayes after Sir Z)»i5//fji being releafed out of Prifon.came into the Houfe, and made Proteftation concerning the Paftage whereat his Majefty had taken offence, That fpeaking of the Plaifter applied to the Body of the late King, he faid. He would forbear to [peak any further of it, in regard ef the Kings honor , Heprotefted, that this was far from his words^ I HiUorical CoUeBions, B D words, and that it never came into his thoughts. And he gave the Houfe great thanks for their refpeft unto him, and faid, That he had received from his Majefty a gracious teftimony of his fatisfadi- on. And the Kinghimfelf fignified to the Houfe by the Vice-Cham- berlain, That he underftood out of fome Notes which were taken at the Conference, that Sir X)»i/f^ Diggs hid fpokenthe words wherewith he was charged, but now was fatisfied that he did not fpeak them, nor any words to fuch effecfl : Neverthelefs , the Duke affirmed to the Houfe of Peers , that fome words were fpoken at this late Confe- rence by Sir DaMey Diggy, which fo far did trench upon the Kings Honor, that they are interpreted Treafonable ; and that (had he not been reftrained by order of the Houfe) he would then have reprehend- ed him for the fame : He therefore earneftly defired, for that divers con- ftrudions have been made of thofe words, and for that they have been diverfly reported, that every one of the faid Reporters would bepleafed to produce their Notes taken at the Conference. This matter was much debated, and the Houfe of Peers often put in- to a Committee, and reafluraed again, but they came to no refolution therein. In fine, thefe Lords following, (to the number of thirty fix) made this voluntary Proteftation upon their Honors ; That the faid Sir Dudley Biggs did not fpeak any thing at the faid Conference, which did or might trench on the Kings Honor 5 and if he had, they would pre- fently have reprehended him for it. The Lord Prefident affirmed, That he had reported the words in the fame fence they were delivered unto him by the party himfelf, and though the connexion of them require to be explained, yet he agreed with the reft of the Lords, for the Parties good meaning, and made the fame Proteftation. The Lords who Protefted were thefe 5 viz. The Earl of Mulgrave, Earl of Cleveland. Earl of Weftmerland. Earl of BuUingbrook, Earl of Clare. Earlef Denbigh. Earl of Cambridge. Earl of Devon. £4r/o/ Warwick. Earl of Northampton. Earl of Bridgewater. Earl of Montgomery, Earl of Nottingham, Earl of Lincoln. Earl of ElFex. Earl of Hereford. Earl ef Kent. Earl of Oxon. Lord Grey of Warke, Lord Noell. Zor^ Montague. Z,<»r^Ruffel. Lord North. Lord Cromwell, LerdWiu-K. Lord Dudley, Lord Morley. Lord Piercy. Lord Bifhop of Sarum." Lord mjhep of Landaffe, Lord Bi(hop ef C hefter. Lord Bifhop of Cov. and Lich. Lord Bifhop 0/ Worcefter. Lord Bijhop ef Norwich, Lord yicount Say and S, Lordyicount Rocheford. 5-^5 2 Careli. The King is fatisfied that the words were not fpoken. The Duke dif- fatisfied. Thirty fix Lords proceft they heard not the words fuppofed to be fpoken at a Conference. Not 7,66 Hi^orical CoUeBioris, An. J 626. Sr ^ohn El- liot \i releafed out of the Tower. Is charged by ^ir Dtidky Carlton for his Speech againQ the Duke. He difcharg- cth hiinfelf. "Not long after Sir ^oha Elliot alfo was releafed out of the Tower, and fent for to come into the Houfe. Then the Vice-Chamberlain flood up, and by way of Explanation of his former Speech, faid, " That he intended not to charge him, but to give him an occafion to "difchargehimfelf. Firft, That all the others had ufed re fpcdive words " in the Conference ^ but for the manner of his Speech, he conceived it " was too tart and harfli to the perfon of the Duke-, and that in reprefent- " ing a Charadter of his rainde, by comparing him with a ftrange beaft, " he had out-gone his Commiflion. Secondly, That contrary to the " fenfeof the Houfe, as if they were ignorant of the return of the (hips " out of France, he faid, They fay they are come, hut I know it net; when " the Houfe knew it full well. That fpeaking of the Duke, he faid, " That man, which phrafe in all Languages is accounted a great indignity "toperfonsol Honor: That he made fcandalous comparifons between " the Duke and 5fj4««f, and theBifhop of Ely, which was likewife be- " fides his Charge •, That he brake off ambiguoufly and abruptly with a *' Sentence of Cicero, as if fomething elfe might be which was not yet " difcovered. Sir ^/>/5'»M;W thanked the Vice-Chamberlain for dealing fo plainly with him, and giving him occafion to clear himfelf: And to the particu- lar charged againft him, he anfwered, " Firft, confidering the Dukes plurality of great and different " Offices, together with his deceit and fraud, in perfvvading the Mer- " chants to go to I>/'i?/>, there to entrap them ^ in colouring the Defigns " to the King, which he had plotted to ferve againft thofe of: his Religi- " on 5 in abufing the Parliament at oxford, and difguifing his purpofe, as " if the Ihips were to go to Rochel. Thefe particulars being fo various, *' and of fuch a nature, he called by the name of Stellionatm, from a beaft "difcoloured, uncertain, and doubtfull, that they knew not by what *' name to call it, or by what colour to defcribe it ; and thefe he called a "Charaderot theminde, becaufe they lie in the heart, and were deceits " to abuic the King and Parliament. " Secondly, as to his faying, He knerp not the (hips were come % he an- "fwered, he did not know it then, and as yet he knew it not, though it " was true that he had heard it. " Thirdly, he denied not, that fpeaking of the Duke, he fometimes "ufed this word, that man, though at other times he was not wanting " to give him his due titles •, and faid. That the Latines, fpeaking of " C Jifar, czW him I lie Cxfar, :it\d that the fame is ufual in all Langoagesj nor "did hethiak^theDuketobeaGod. " Fourthly he confeffed. That he paralleled him with the Bifliop of " Ely and Sejanuf •, and though there were many particular cenfures of " that Bifhop, yet he produced none but fuch as were within the compafs " of his Charge*, nor did he apply the Veneries and Vencfices of Sejan»s "to the Duke, but excluded them. " Laltly, touching the Phyfick of the King, he faid, he brake off fo abruptly in aggravation of the Dukes offence, who not content with the injury of Juftice, the wrong of Honor, the prejudice of the " State, nor that of the Revenue, his attempts go higher, even to the " perlon of the King, making on that his practice in fuch a manner, to fuch "I cc Hiflorkal ColleBions, D B "fuch antffed, that he (aid, he feared to fpeak, nay, he doubted to 2 c^fsij " think •, in which regard he left it^as Cicero ^\z taufe tijat mot)C0 110 noto to atrc nl) j)oui' ^aicCfp, (a^ at 6ra m DID) 10 bccaufctue DbCcitc tOat t'm ^mk of (JToDiaion^ (jabe fpecDtlp rftcil)cD a ^cniijci* of tfxo toI;o \xnw mw mf'tteD ; CBe ifyz JDeec^, amliittous to Deferbc of pout 9Bm^\ aiiD toappfartott)eepeof ttietoojlD as muclncfpcctcD ia ouuEtiiOts ano P^itulcDsejK, a0anp #cec0 0? Commons Oal>ccl)n- liccn, acfsnoU)- fttjging pou a IRing of a^ muc(j gootmcf^ a,^ cucr filing tua^ -, Do notu Ijumblp bcfeect) tOat tlje €arX of Arundel, a ^cmbci* of our H^rjuGc, map be rcao^cD to U0 -, it fo mucb concerning 110 in point of p}\\ji' leUge, tOat U)c all fuffec in toj()at Ijc fuffcc? in xW Ecacaint. In March laft when the Earl of Arundel was committed, the Houfe of Lords purpofed to take the fame into their confiderations, and fo to pro- ceed therein, as to give no juft caufe of offence to his Majefty, and yet preferve the Priviledges of Parliament. The Lord Keeper of the Great-Seal thereupon fignified unto the Hoafe, that he was commanded to deliver this Meflage from his Majefty unto their Lordfliips j viz, " That the Earl of Aru»del vvasreftrained for a mifderaeanor which "wasperfonal to his Majefty, and lay in the proper knowledge of his '^ Majefty, and had no relation to matters of Parliament. j Whereupon! the Houfe was put into a Committee 3 and being re- fumed. The Lords Committees for Priviledges, &c. wefe appointed to fearch for Prelidents Concerning the commitment of a Peer of this Realm during the time of Parliament -, and the Lord Chief Juftice, Mr Juftice Doderidge, and Mr Juftice rr/f ?/•/-f the I " Earl of Arundel, as fliould iatisfie them in point ot" Priviledge. And " therefore to take away all difpute, and that their Priviledges may be " in the fame eftate as they were when the Parliament began, his Majefty " hath taken off the reftraint of the faid Earl, whereby he hath liberty " to come to the Houfe. The Earl of Arundel being returned to the Houfe, did render his humble thanks unto his Majefty for this gracious favor towards him 5 and gave their Lordlliips alfo moft hearty thanks for their often tnter- ceflions for him unto the King , and protefted his Loyalty and faithful fervice unto his Majefty. Much about this time, Mr, Moor a Member of the Houfe of Com- mons , having fpoken fome words which feemed to refled upon his Majefty, they were reported to tlie Houfe, viz. That he faid. We were horn free , and mu(l continue free , ;/ the Kin^ rvill keep his Kingdom : Adding thefe words. Thanks be to God, we have no occafisn to fear, havwr a jufi and pious King. The Houfe for thefe words committed Mr. Moor to the Tower of London •, And his Majefty fliortly after fent a Meflage, That he had paffed by his offence. Whereupon he was releafed. While the Duke ft')od charged in the Parliament, the Chancellordiip of Cambridge became void by the death of the Lord Howard Earl of Suffolk, who died on Whitfonday the zS.oi May 1626, TheUniverfity having underftood by feveral hands. That it was the Kings exprefs will and pleafure that the Duke ftioald be chofen in his ftead, were ambitious and forward to exprefs their obedience to his Majefty in that behalf-, well knowing, that in regard of their multitude, and worthy judgment and wifdom, that is efteeraed and ought to be in thofe Electors, this was one of the moft honorable Teftimonies of Worth and Integrity that the Nation can afford : And that whereas all other the Dukes Honors did but help the rather to fink him with their weight, this would feem to flioar and prop him up. Letters were pretended to be fent from his Majefty, to the intent to difencourage all oppofers: But though the pretence of Letters ferved mainly to erfed their ends, yet the producing of them would have pre- judiced the chief intendment of the Eledtiion, namely the honor of the Teftimony in it 5 which chiefly lying m the freedom of the Votes, had by Letters been cut off. Many Heads of Houfes beftirr'd themfelves ' according to their feveral power and intereft in their refoeftive Societies? and rrw/>)i-Colledge alone ( the Mafti^r whereof was Dodor Matv, one of the Kings Chaplains) fupplied the Duke with l-orty three Votes, the third part of thofe which ferved the turn, for he had 'in all One hundred and eight. He was chofen the Thurfday following the death of his Predeceftbr, ' namely the fourth cay after the Vacancie, notwithftanding fourteen days ' are allowed by iheUniverfity-Statute. His chief ftrengdi confifted in tlie Dodors (wliereof feventeen wcie for him,and onely one againft him) , and in the Non Kegents,' who aj-e Mafters of Art of five years ftunding and upward : Among the Regents ( who are Mafters under five years ) thirty more were againft him then for him, and four whole CoUedges were 2 Ciiroli. - ■' — V — ^^^ Another Mci- (age to the LorJs from liis MajcHy. The Earl of Ari'.ndd re- leafed comes to tlie Houfe. The Duke chofen Chan- cellor of Cttm- bridge during his Impeach- ment, 37<^ Hiflorical CoUeBions, An 1626. 1 were entire againft the Duke. For notvvithftanding all the induftry that could be Imployed on his behalf, there was a Party fo diligent andrefo- lute, that the dime morning the Choice was made, they jointly pitch'd upon the Lord Thomd^s Howard, fecond Son to the late deceafed Chan- cellor, and Earl of Berkjhre 5 though they had no Head appearing for him, nor one man in the Uniuerfity that was known to have any reference to him, excepting one Mr. Gramdo Chejler, who was either his Chaplain or otherwife interefTed in him : And notwithftanding all difadvantages, they loft it for the faid Earl but by five Voices •, for the Duke had but One hundred and eight, and the Earl had One hundred and three, befides that two of the Dukes were void by Statute, as being given to the Vice- Chancellor by compromife, to difpofe of as he (hould think fit. The Earl oiBokJJnrc being afterwards acquainted with the intentions of the Llniverfity towards him, wrote this Letter to MuChcfier, a Divine related to bis Lordlhip. The Earl of Letter to Mr Chefter touch- ing Votes con- ferred upon him in the Choice of the Chancellor of Cambridge- Mr. C fJ E STERy B Ttie infinite ohligation which I ewe to the Univerfity of Cambridge for the late most a/jtple Teftimony of their great love and affection towards me, imholdens me to borrow jour help to make known unto them my unfaincd thank- fulncf : wherein I confef that the love and favor which they have expre([ed unto me, joined with thefafluonofit, doth far exceed the weak ex f re f ion of Co feeble a Stile as mine is. For they have been pleafed out of their abundant affeltion^ to name me to one of ihegreatefl Honors of this Kingdom, without any fuit or means of mine, which was the Chancellor[hip of the Univerfity : The Voting whereof in this noble fafhion^ I account as much at could befall me ; and do receive it with as much thank fulnef, as if I were in full i>o(Je(^ion of the Place. I mil (I therefore intreat you to difperfe this my thankful Acknowledgment to all my worthy Friends there, who have fo freely bejlowed their Voices, and unfou^ht for Favors upon me. And this labor I do the rather lay upon you, hecame you know I put you to no making means for me •, which I flwuld un- doubtedly have done, if I had preconceived any intention of (landing for this Dignity, (0 often wcJ.dcd by men of high Places and Noble Families of this Realm -^ whereof my honored Father deceafed enjoyed the lafi Fefiimeny, and my Uncle before him ; and not ceafing there, it rvas expreffed unto me by an hereditary affeStion. Thus much I pray you make known for me, with this fur- ther afjurance. That as I had my frfi Breeding, to my great Honor, iff Ca.:n- bridg(*, fo I will live and die The true Servant of the Univerftty, S.James, 2 Junii 1626. Berfliire. The Commons being informed of the aforefaid Proceedings in Cam- brid^e, direded a Letter to be written to that Univerfity to fignifie the Houfes diflike thereof. Whereupon the King fignifieth to the Houfe his pleafurc by Sir Richard Weflon, that they forbear to fead any fuch Letter, for that the Eledion had been made by the power of the Charters accord- ing to the Rules and Liberties of the Univerfity •, and that if there have been any Error in the form of the Eleflion, it belongeth unto his Majefty ' to examine and reform it, and not unto the Houfe. To which MelTage I the Commons return this Anfwer. « That D \ B h D Htslorical Collections, " TTHat they do acknowledge they were about to Write to the Uni- " 1 verfity , becaufe that the very Election it felf , whereby the Uni- "verfity is committed to the Government oF one that is charged, and '•pablickly complained of by the Commons in Parliament, whereof "the Eledors are a part, isinitfelf a very great Grievance, andpre- " judicial in example j whereof they have Reafon to be the more fen- "fible, becaufe they are informed, that in the manner of the Eledion " there were many pafTages likewife done in contempt of the Houfe : " And do humbly befeech his Majefty to believe. That neither in this, " nor any other thing, this Houfe did or (hall intend to enlarge their own "Power and Jurifdidtion, to the Diminution of his Majefties Right or "Prerogative. Wliereunto his Majefty replied by the faid Sir Richard Weltm, (C cc His Majefty faith. That CAmbrid^e and all Corporations derive their right and priviledge from him 5 and that he hath reafon to efteem the Llniverfities above any other, and is refolved to " defend them againft any, which either wilfully, or by chance, fhall " go about to infringe their Liberties. Concerning the Eledionit felf, " his Majefty is far from conceiving it a Grievance 5 for he never heard "that Crimes objeded, were to be taken as proved ; or, that a man " Ihuuld lofe his Fame or good Opinion in the World, upon an Accufa- " tion onely. " But whereas you fay in the manner of carriage of the Eledion, " there were many paftiiges done in it to the contempt of the Houfe. His " Majefty is well pleafed, that you enquire and puniih the Offenders, if *' there beany that have mif-behaved themfelves in that refped. But " for the Eledion it fclf, or the Form of it, his Majefty doth avow his " firft Mcftage. The Duke returned this Acknowledgment to the Univerfity. MAjler Fice-Chancellory and Gentlemen of the Univerftty of Cam- bridge, There is no one thing that soncemeth me more near, then the good opinion of Good and Learned hone/i Men ■• Jmong(i which number, as you have ever held the fir It rank in the eflimation of the Commen- rvealth, and fame of the christian World 5 fo in conferring this honor of Chancellorfhip upon me, I mu(l confef you have fatisfled a great ambition of mine, which I hove will never forfake me ^ and that is, 'To be thought well of by men that dcferve well, and men of your Profcfion, Tet / cannot attri- bute this Honor to any defert in me, but to the refpeB you bear to the Sacred memory of my Mafler dcceafed, the King of Schollars, who loved yo», and honored you o'icn with his pre fence, and tomy Gratious Mafler now living-, who inherits with his Bleffed fathers Fertucs, the affection he bore toyour Univerfity. I befeech you , as you have now made your choice with fo many kinde and noble Circumflanccs, as the Manner is tome as acceptable and grateful as the Matter ■■, fo toafjure your (elves, That you have caflyour Votes upon your Servant , who is as apprchcnfive of the time you have ^iiwed yoar affe^ion in, as of ths Honor you have given him. C c c And Ml Caroli. The Com- mons Anfwcr. His Majefties Reply. The Dukes Letter of Ac- knowledge- ment to the Univerfity of CfimbiiJgc. 578 HtUor'tcal CoUeBions, An. i6z6. The Kings Letter to the | laid Univer- fn\. And I earncjlly reqiiefl you nil, that yen would be pleafed, riot to judge me comparatively by the [ucccf and hafpinef you have had in your former choice of chancellors •, ivho as they knew better ferhap by ad'vantage of edacatior) in your Univerfity, how to value the deserts of men of your qualities and degrees, fo could they net be more willing to cheri(]>yott then my [elf , who wilhnake amends for my want of Schollarf}iip , in my love to the Profe^ors of it, and to the (ource from whence it comet h •, having norv mofl ju(l caufe more u^ of Buckingham, to theDedaration andlmpeach^ ment made againft him, before your LordJhipSy by the Commons Houfe of Parliament, THe faid Duke of Buckingham being accufed and fought to be im- peached before your Lordihips, of the many Mifdemeanors, Mif- prifions, Offences, and Crimes, wherewith he is charged by the Commons Houfe of Parliament, and which are comprifed in the Articles preferred againft him, and were aggravated bythofe, whofe fervice was ufed by that Houfe in the delivery of them, Doth finde in himfelf an un- exprtifible prefTure of deep and hearty forrow, thatfo great and fo wor- thy a Body (liould have him fufpefted of thofe things which are objeded againft him ; whereas, had that Honorable Houfe firft known the very truth of thofe particulars , whereof they had not there the means to be rightly informed ^ he is well affured in their own true judgments, they would have forborn to have charged him therewith. But the integrity of his own Heart and Confcience, being the mofl: able and moft impartial witnefies, not accufing him of the leaft thought of difloyalty to his Sovcraign, or to his Country, doth raife his fpirits again to make his juit defence before your Lordfhips, of whofe Wifdom, juftice, and Honor, he is fo well aflured, That he doth with confidence, and yet with all humblenefs fubmit himfelf and his caufe to your Exami- nations and Judgments, before whom he (liall with all fincerity and clear- nefs, unfold and lay open the fecrets of his own aftions, and of his heart •, and in his Anfwer fliallnot affirm the leaft Subftantial, and as near as he I can the leaft Circumftantial point, which he doth not believe he ihaJl ' clearly prove before your Lordlhips. j The B D Hijlorical CoUeHions. ;8i The Charge con fifteth of Thirteen feveral Articles, whereanto the, Duke, laving to himfelf the ufu:il benefit of not being prejudiced by any words or wane of form in his Anfwer •, but that he may be admitted to make further explanation and proof, as there H^all be occafion , and faving to him all Priviledges and Rights belonging to him, asoneof the Peers of the Realm, doth make thefe feveral and diftintt Anfwers follow- ing, in the fame order they are laid down unto him. The charge touching Fhrity of offices. Tothefirft, which concerneth Plurality of Offices which he hold- eth, he anfwereth thus , That it is true that he holdeth thofe feveral Places and Offices, which are enumerated in the preamble of his Charge, whereof onely three are worthy the name of Offices, viz. The Admi- ralty, the Wardenlhip of the Cinque Ports, and Mafterfliip of the Horfe • B the other are rather titulary and additions of Honor. For thefe Offices he Jiuaibly and freely acknowledgeth the bounty and goodnefs of his moft Gratious Mafter who is with God ; who when he had caft an Eye of Favor upon him, and had taken him into a more near place of fervice about his Royal Perfon , was more willing to multiply his Graces and Favors upon him , then the Duke was forward to ask them 5 and for the moft pare (as many honorable perfons , and his now moft Excellent Majefty, above all others, can beftteftifie) did prevent the very defires of the Duke in asking : And all thefe particular places, he can and doth truly affirm, his late Majefty did beftow them of his own Royal motion (ex- cept the Wardcnfliip of the Cinque Ports onely) and thereto alfo he gave his approbation and encouragement. And the Duke denieth, that he obtained thefe places, either to fa- tisfie his exorbitant ambition, or his own profit or advantage, as is ob- jeded againft him : And he hopeth he ftiall give good fatisfadlion co the contrary in his particular Anfwers enfuing, touching the manner of his I) obtaining the places of the Admiralty, and the Wardenfhip of the Cmque Ports , whereunto he humbly defireth to refer himfelf. And for the Mafterftiip of the Horfe to his Majefty, he Hiith it is a meer domeftick office of attendance upon the Kings perfon, whereby he receiveth fome profit ; yet but as a conveniency to render him more fit for his continual attendance; and in that place, the times compared, he hath retrenched the Kings annual charge to a confiderable value, as lliall be made appa- rent. And for the number of places he holdeth, he faith, That if the Commonwealth doth not fuffer thereby , he hopeth he may without blame, receive and retain that, which the liberal and bountiful hand of his Mafter hath freely conferred upon him: And it is not without many Prefidents, both in Antient and Modern times. That one man eminent in theefteem of his Soveiaign, hath atone time held as great and as many offices: But when it fliall be difcerned , That he (halltalfly or corruptly execute thofe places, or any of them, or that the Publick (hall fuffer thereby ^ he is fo thankful for what he hath freely received, that when- foever his Gratious Mafter (hall require it, without difpucing with his Soveraign , he will readily lay down at his Royal Feet, not onely his Places and Offices, but his whole Fortunes and his life, co do him fervice. For CaroU. His Cliarge touching Plu- rality of Off- ces: ) ^^^tfsi'satffm ^Sz Htslorical ColleBions. An. 1626. His Charge touching his buying the ^dmirali place. For his buying- of t he AdmirAls place, t be ftid Duke maketh this clear and true Jnfver. That it is true, that in "January, in the Sixteenth year of his late Ma- jefties Raign, his late Majefty did by his Letters Patents under the Great Seal of England, grant unto the Duke the Office of Admiralty for his life-, which Grant, as he well knoweth it, was made freely and without any Contradl or Bargain with the late Lord Admiral, or any other •, and upon the voluntary Surrender of that Noble and wel-deferving Lord, fo he IS advifed it will appear to be free from any defedl in Law, by reafon of the Statute of 5 Edrv.6, mentioned in this Article of his Charge, or for any other caufe whatfoever : For he faith the true manner of his ob- taining this office, and of all the paflages thereof, which he is ready to make good by Proof, was thus. That Honorable Lord, the late Earl of Nottingham, the Lord Admiral, being grown much in years, and find- ing that he was not then fo able to perform that which appertained to his and fearing place, as in former times he had done to his great Honor ^ left his Majefties fervice, and the Commonwealth, might fuffer defed, became an humble and earneft Petitioner to his late Majefty, admit willing by his to him to furrender his Office. His late Majefty was at the firft un- unto it, out of his Royal Affection to his Perfon, and true Judg- ment of his worth : But the Earl renewed his Petitions, and tn fome of them nominated the Duke to be his Succeflbr, without the Dukes privity or fore-thought of it. And about that time, a Gentleman of good place about the Navy, and of long experience, of himfelf came to the Duke, and earneftly moved him to undertake the place. The Duke apprehend- ing the weight of the place, and confidering his yong years, and want of experience to manage fo great a charge, gave no ear unto it 5 but excufed it not for form, but really and ingenuoufly out of the apprehenfion of his then unfitnefs for it. This Gentleman not thus fatisfied, without the Duke, applied himfelf to the late King, and moved liis Majefty therein, and oftered Reafons for it. That the Duke was the fitteft man at that time, and as the State of the Navy then ftood,fbr that place 5 for, he faid, it was then a time ot peace. That the beft fervice that could be done lor the prefent, was to repair the Navy and Ships Royal, which then were much in decay, and to retrench the Kings charge, and to employ it ef- fectually • and that before there was like tobeperfonal ufeof fervice, otherwife the Duke being yong and a(flive, might gain experience, and make himfelf as fit as any other -, and that in the mean time, none was fo fit as himfelf, having the opportunity of his Majefties Favor and Means to his Perfon, to procure aconftantaffignment and payment of moneys for the Navy •, the want whereof, was defeds. Thefe Reafons perfwaded his lateMafefty, and upon his Majefties own motion, perfwaded the Duke to take the charge upon him : And thereupon the Earl voluntarily, freely, and willingly, and upon his owa earneft and often fuit, furrendred the place without any Prefident, Con- trad, or Promife whatfoever ; v/hich might render the Duke inthcleaft degree fubjed to the danger of the Law (which was not then fo much as once thought upon) and upen that Surrender, the Grant was made to the Duke. But it is true. That his Majefty out of his Royal bounty, forre- compence of the long and taithful fervice of the faid Earl, and for an honorable the greateft caufe of the former B D Hijlorical Colie&ions. B D honorable memory of h's deferts to him, and the Crown of England, did grant him a Penfion ot Onethoufand [rounds per annum for his life- which in all Ages hath been the Royal way of Princes, wherewith to reward antient and well-deferving Servants in their elder years ^ when without their own iaults they are btcome lefs ferviceablc to the State : And the Duke alfo voluntarily and freely, and as an argument of his noble refped towards fo honorable a Predecellor, whom t6 his death he called Father -, whofe Eftate as he then underftood,with his late Majefties privity and approbation, did fend him Three thoufand pounds in money ^ which he hopeth no perfon of worth andhonorwillefteemtobeanaA worthy of blame in him. And when the Duke had thus obtained this place of great truft, he was fo careful of his duty, that he would not relie upon his judgment or ability , but of him felf humbly befought his then Majefty to fettle a CommifTion of fit and able perfons for the Affairs of the Navy ^ by whofe Council and afliftance , he might manage that weighty bufinefs with the beft advantage for his Majeflies fcrvice 5 which CommilTion was granted, and yet continueth, and without the advice of thofe Commiflioners, he hath never done any thing of moment -, and by their advice and induftry he hath thus husbanded the Kings money, and furthered the fervice, that where before the ordinary charge of the Navy was Fifty four thoufand pounds per annum, and yet the Ships were very much decayed, and their Provifions negleded , the charge was returned to Thirty thoufand pounds /'fr4«w«»? , and with that charge, the Ships all repaired and made ferviceable , and two new Ships builded yearly 5 and for the two lafl years, when there were no new Ships built, the ordi- nary charge was reduced to Twenty one thoufand fix hundred pounds per annum. And now he dare boldly affirm, that his Majefties Navy is m better liate by much , then ever it was in any precedent time what- foever. For his buying the Wardenfhip of the Cinque Ports, he maketh this plaint ingenuous and true Anfivcr. That in December^ in the Two and twentieth year of his late Ma- jefties Raign, he obtained the Office of Lord Warden of the Cinque Ports, and Conftable of the Caftleof Dover, (being one entire Office) upon the Surrender of the Lord Zouch, then Lord Warden, The manner of obtaining whereof, was thus. The Lord Zouch be- ing grown in years, and with hisalmoft continual lamenefs being grown lefs fit for that place, hedifcovered awillingnefs to leave it, and made feveral offers thereof to the Duke of Richmond, and Richard Earl of Dor- fet, deceafed ^ but he was not willing to part with it without recompenee. Notice whereof coming to the Duke, by an offer made from the Lord Zouch, he finding by experience how much, and how many ways both the Kings fervice might, and many times did fuffer •, and how many in- conveniences did arife to the Kings Subjeds in their Goods, Ships, and Lives, by the intermixture of the Jurifdidions of the Admiralty and Wardenfhip of the Cinque Ports, by the emulation, difaffedlion, and contention of their Officers, as cleuly appear by thefe particulars, a- mongft many others which may be inftanced, I. Where the Admiral- J urifdidion extends generally to all the Narrow Seas •, the Warden of the Cinque Ports liath and exercileth Admiral'J urifdiftion on all the Sea Coafts, from Show-Beacon in E(Jcx, to ! Caroli, The Chaigc touching his buying the Warden/hip of the Cinque Torts. 38+ Hislorical ColleBions, An 1626. 1 to the Red Noor in SHJjex •, and within thot'e Limits there have been con- ^"V^ I tinual differences between the Lord Admiral , and the Lord Warden, whether the Lord Wardens Jurildidion extends into the main Sea, or onely as far as the low Water Mark, and fo much further into the Sea, as a man on Horsback can reach with a Launce, which occafioneth Quefti- ons between thofecheif Officers themfelves. 2. Tl^ere are many and continual differences in executing of War- rants againfl offenders ^ the Officers of the one, refufing to obey or affift the Authority of the other •, whereby the offenders protedted or counte- nanced by either, eafily efcapetli. 3. Merchants and Owners of Goods queftioned in the Admiralty, are often enforced to fue in both Courts, and often enforced for their peace to compound with both Officers. 4. The Kings fervice is much hindred for the mofl ufual and ordinary Rendevouz of the Kings Ships, being at the Downs , and that being within the Jurifdidion of the Lord Warden, the Lord Admiral or Cap- tains of the Kings Ships, have no Power or Warrant to prefs menfrom the fliore, if the Kings Ships be in diftrefs. 5. When the Kings Ships, or others, be in danger on xht Goodwins, and other places within the vie\v of the Portfmen, they have refu fed to help with their Boats , left the Kings Ships fliould command them on board, whereby many Ships have penihed, and much Goods haVc been loft. 6. When Warrants come to prefs a Ship at Road for the Kings fer- vice,the Officers take occafion to difobey the Warrants,and prejudice the Kings fervicc. For if the Warrant come from the Lord Warden, they will pretend the Ship to be out of their Jurifdidion ^ if the Warrant come from the Lord Admiral, they will pretend it to be within the Ju- rifdidion ot the Cmque Ports: And fowhilft the Officers diipute, the opportunity of the fervice is loft. 7. When the Kings Ships lie near the Ports, and the men come on rtiore, the Officers refufe to affift tlie Captains to reduce them to the Ships without the Lord Wardens Warrant. 8. If the Kings Ships, on the fudden, have any need of Pilots for the Sands Coafts of J/Wfri, or the like, wherein the Portfmen are beft experienced, they will not ferve without the Lord Wardens, or his Lieu- tenants Warrant, who perhaps are not near the place. 9. When for great occafions for the fervice of the State, the Lord Admiral and Lord Warden muft both joyn their Authority •, if the Offi- cers for want of true underftanding of their fcveral Limits and Jurifdidi- ons, miftake their Warrants, the fervice which many times can endure no delay, is loft, or not fo effedually performed. For thele and many other Rcafons of the like kinde, the Duke not being led, either with ambition or hope of profit as hath been obji-ded (for it could be no encreafeof Honor to him, having been honored before with a greater place-, nor of profit, for it hath not yielded fiim in any mat- terany profit at all, nor is like to yiekl him above Tiiree hundred pounds fer annum at anytime) but out of his defire to make himl'elf the more able to do the King and Kingdom fervice, and prevent all differences and difficulties which heretofore had, or hereafter might hinder the fame -, He did entertain that motion, and doth confefs, that not knowing, orfo much as thinking of the faid Ad of Parliament before mentioned, be did agree to give the faid Lord One thoufand pounds in money, and Five hundred B D . i » — », ■»>■ »-i Hifiorical CoUeBions, 58^ B tD hundred pounds fcr annum, in refped of his Surrender, he not being wil- hng CO leave his place without fuch confideration, nor the Duke willing to have it without his full fatisfacftion •, and the occafion why the Duke of Buckingham gave that confideration to the Lord Zouch, was, becaufe the Duke of Richmond in his life time had firft agreed to give the fame confideration for it-, and if he had lived, he had had that place upon the fame terms: And when thcfaid Duke of Richmond was dead, his late Majefty direded the Duke of Buckingham to go thorow for that place, and for the Reafons before-mentioned, to put both thefe Offices together, and to give the fame confideration to the faid Lord , which the Duke of Riojfimond /hould have given, and his late Majefty faid he would repay the money. And how far this ad of his, in acquiring this Office, accompanied with thefe Circumftances, may be within the danger 'of the Law, the King being privy toall thepaflagesofit, and encouraging anddireding •it, he humbly fubmittcth to your judgement ^ and he humbly leaves it to your Lordffiips judgments, in what third way an antient fervant to the Crown, by age or infirmity, difabled to perform his fervice, can in an honorable courfe relinquifii his place -, for if the King himfelf give the Reward, it may be faid it is a charge to the Crown •, if the fucceeding Officer give the Recompence, it may thus be objeded to be within the danger of the Law : And howfoever it be, yet he hopeth it fhall not be held in him a crime, when his intentions were juft and honorable, and for the furtherance of the Kings fervice 5 neither is it without prefident, that in former times of great employment, both thefe Offices were put into one hand by feveral Grants, To this Article, whereby the not guarding of the Narrow Seas in thefe laft two years by the Duke, according to the truft and duty of an Admiral, is laid to his charge y whereof the confequence,fuppofed to have been meerly through his default , are the ignominious infefting of the Coafts with Pirats and Enemies, the endangering of the Dominion of thefe Seas, the extream lofs of the Merchants , and the decay of the Trade and Strength of the Kingdom : The Duke maketh this Anfwer , That he doubteth not bat he fhall make it appear to the good fatisfadion of your Lordfhips, that albeit there hath hapned much lofs to the Kings Subjedls within the faid time of two years by Pirats and Enemies, yet that hath not hapned by the negleft of the Duke, or want of care and diligence in his place: For whereas in former times the ordinary Guard allowed for the Narrow Seas hath been but four Ships, the Duke hath fince Hoftility begun and before procured their number to be muchincreafcd -, for Ciace^itne, 1524. there I hath never been fewer then Five of the Kings Ships, and ordinarily Six, | befides Pinnaces,Merchants Ships, and Drumblers ^ and fince open hofti- lity. Eight of the Kings Ships, befides Merchants of greater number and Pinnaces and Drambltrs -, and all thefe well furniihed and manned, fuffi- ciently inftruded and authorifed for the fervice. He faith, he hath from time to time, upon all occafions acquainted his Majefty, and the Council- Bord therewith , and craved their advice, and ufed the affiftance of the Commiffioners for the Navy in this fervice ♦, and for the Dunkirkers who have of late more infefted thefe Coafts then in former years, he faith. There was that Providence lafed for the repreffing of them, that his Ma- jefties Ships, and the Hollanders joyning together, the Port o{ Dunkirk was blocked up, and fo fliould have continued, had not a fudden ftarm D d d difperfed 2 Caroli. The Charge rouching his not guarding the Seas. 38d HiBorical ColleBms, An. 1626. ' difpeifed them, which being the immediate hand of God,could not by any \.^'/>»J i polUcy of man be prevented •, at which time, they took the opportunity to Rove abroad, but it hath been fo flir from endangering the Dominion of the Narrow Seas thereby, as is fuggefted, That hts Majeftics Ships or Men of War, were never yet mattered, nor encountred by them , nor will they endure the fight ot any of our Ships •, and when the Duke him- felf wasinperfon, the Dunkirkers run into their Harbors. But here is a neceffity, that according to the fortune of Wars, interchangeable lofles will happen •, yet hitherto notwithftanding their more then wonted in- folency, the lofs of the Enemies part hath been as much, it not more then what hathhapncd to us-, and that lofs that hath fain, iiathcheifly come by this means, tliat the Dunkirkers Ships being of late years cxer- cifed in continual hoftility with the Hollanders, are built of a Mold as fit for flight as for fight •, and fo they pilfer upon our Coafts, and creep to the ihore, and efcape from the Kings Ships : But to prevent that incon- venience for the time to come, there is already order taken for the build- ing fome Ships, which fliall be of the like Mold, light and quick of fail, to meet with the adverfe party in their own way. And for the Pirates of Sallie, and thofe parts, he faith, it is but very lately that they found the way into our Coafts, where, by furprife, they might eafily do hurt -, but there hath been that provifion taken by his Majefty, not without the care of the Duke, both by force and treaty to reprefs them for the time to come, as will give good fatist'adion. All which he is affured will clearly appear upon proof. The charge touching the unjuflftay of the Ship of Kevfhaven, called the St. Peter, after Sentence. To this Article the Duke maketh this Anfwer, That about Septem- her ha, this Ship called the St. Peter (amongft divers others) wasfeifed on as lawful prize by his Majefties Ships, and brought into P/zwotf^y^, as Ships laden by the Subjeds of the King of SpAin •, m the end of o^ober, or beginning of November, they were all brought to the tower oi London, all of them were there unladen ^ but the Peter and the bulk of her Goods was not ftirred , becaufe they were challenged by the Subjeds of the French King ; and there did not then appear fo much proof againft her, and the goods in her, as againft the reft. About the middle of November, Allegations were generally put in againft them all in the Admiralty Court, to juftifiethefeifure, and all the Pretendants were called in uponthefe proceedings, divers of the Ships and Goods were condemned, and divers were releafed in. a legal courfe ; and others of them were in fufpence till full proof made. The Eight and twentieth day of December, complaint was made on the behalf of fome Frenchmen at the Council-Board con- cerning this Ship and others, when the King by Advice of his Council (his Majefty being prefent in perfon) did order that the Ship of Netvhaven called the Peter, and the Goods in her, and all fuch other Goods of the other prizes, as ibould be found to appertain to his Majefties own Sub- jeds, or to the Subjeds of his good Brother the French King, or the States of the United Provinces, or any other Princes or States in Friend- fliip or Alliance with his Majefty, ftiould be delivered : But this was not ablblute, as is fuppofed by the Charge, but was thus qualified, fo as they were not fraudulently coloured, and it was referred to a judicial proceed-' ing. According to this juft and honorable Diredion, the Kings Advocate proceeded upon the general Allegations formerly put in the 26 o{ January, 1 after there was a Sentence in the Admiralty, that the Peter Ihould be dif- ] charged. HiBorical CoUeBions, 587 charged, and the Kings Advocate not having then any knowledge of fur- ther proof, confented to it. But this was not a Definitive Sentence, but a Sentence Interlocutory, as it is termed in that Court. Within few days after, this Ship prepared her felf tobe gone, and was falling down the River, then came new intelligence to the Lord Admiral, by the Lieute- nant of th^Tetver, That all thofe Ships were laden by the Subjeds of the King of Spain ; that the Amirantafco wafted them beyond the North Cape •, that they were but coloured by Frenchmen 5 that there were Witnefles ready to make good this new Allegation 5 neither was it improbable to be fo^ for part of the Goods in that Ship have been con- fefl'ed to be lawful prize. This Ship being now falling down the River, and being a Ship of the moft value of all the reft, the Duke acquainted the King therewith, and by his commandment made ftay of the Ship leftotherwife it would be too late, which the Duke in the duty of his place of Adlfniral, as he believeth, ought to have done without fuch com- ■^ mand : And if he had not done fo, he might worthily have been blamed for his negligence , and then inftantly he fenc for the Judge of the Admi- ralty to be informed from him how far the Sentence already paft did binde, and whether it might ftand with Juftice to make ftay of her again, fhe being once difcharged in fuch manner as before : The Judge anfwered As he was advifed, that it might juftly be done upon better proofs appear- ing •, yec difcreetly in a matter of that moment, he took time to give a refoluteanfwer. That in the interim he might review the A^fls which had pafted : The next day, or very fliortly after, the Judge came again to the Duke, and upon Advice anfwered refolutely , That the Ship and the Goods might juftly be ftayed, if the proofs fell out to be anfwerable to the Information given, whereof he faid he could not judge, till he had feen the Depofitions. And according to this refolution of the Judge, did five other Learned Advocates, befides the Kings Advocate, concur in opinion, being intreated by the Duke to advife thereof 5 fo cautious was the Duke, aot to do anyunjuftadt. Then he acquainted the King D again therewith, and his Majefty commanded him to refeize this Ship, and to proceed judicially to the proofs ; and the Duke often required the Kings Advocate to haften the examination of the Witnefl'es, and many Witneftes were produced and examined, in purfuance of this new Infor- mation. But the French Merchants impatient of any delay, complained again to the Council-Board, where it was ordered not barely, That the Ship and Goods (hould be prefently delivered, butftiould be delivered upon fecurity-, and upon fecurity flie had been then delivered, if it had been given, and fecurity was once offered, but afterwards retraced ; And when all the Witneftes produced , were examined and publiHied, the Kings Advocate having duly confidered of them , forthwith acquainted the Duke that the proofs came too lliort for the Peter •, and thereupon the Duke inftantly gave order for her final difcharge, and (he was dif- charged by order of Court accordingly. By which true Narration of the Fad, and all the proceedings, the Duke hopeth it will fufticiently appear, That he hath not done any thing herein, on his part, which was not juftifiable, and grounded upon delibe- rate and well-advifed Councils and Warrant. But for the doing of this to his own lucre and advantage, he utterly deniethit-, for he faith, that there was nothing removed out of the Ship , but feme moneys, and fome fmall boxes of ftones of very mean value, and other Imall Portable |. things lying above the Deck, ea'fily tobeimbezilled : And whatfoever ' D d d 2 was i Cajroli, 388 HtUor'tcal CoUeBions, An, 1626. The Charge touching his Extortion of Ten thoufand pounds from the Eajl- India Company , with the abufe of the Parlia- ment. was taken out of the Ship, was firft publickly (hewed to his Majefty him- felf, and then committed to the cuftody oiCahriel Marjh, in the Article mentioned, by Inventory , then and ftill Marilial of the Admualty, by himtobefafelykept-, whereof the money was employed for th^ Kings immediate fervice, and by his dire(flion, and the reft was left in fafe keep- ing, and are all fince delivered and reimburfed to the owners, or pretend- ed owners thereof, and not a penny profit thereof, or thereby, hath come totheDukehimfelf, asfliall be made good by proof. And whereas the fuggeftion hath been made, that this accident was the caufe of thclm- bargo of the Ships and Goods of our Merchants trading in Francey he faith, that is utterly miftaken , tor divers of their Goods were imbarged before this hapned 5 and if in truth, the French had therein received that as either they pretend or is pretended for them ; yet the imbarguing of the Goods of theEnglifli apon that occafion, was utterly illegal and unwarrantable : For by the mutual Articles between the two Kings, they ought not to have righted themfelves before Legal Complaint, and a denial on our part, and then by way of Reprifal, and not by Imbargo, So that the Duke doth humbly leave it to the eonfideration of your Lord- fliips, whether the harm which hath hapned to our Merchants, hath not been more occafiohed by the unfeafonable juftifying of the adions of the French, which animated them to increafe their injuries, then by any z&. either of the Duke, or any other. To this Article, which confifteth of two main Points, the one of the Extorting Ten thoufand pounds unjuftly, and without right from the Eajl-Iftdia Company •, the other,admitting the Duke had a right as Lord Admiral, the compafling it by undue ways, and abufing the Parliafnent, to work his private ends, the Duke giveth this Anfwer, wherein a plain Narration of the Faft, he hopeth, will clear the Matters objedled ^ and in this he (hall lay down no more then will fully appear upon Proof. About the end of Michaelmas Term, 1623. the Djikc had informa- tion given him by a principal Member of their own Compai^y, that the Company had made a great advantage to themfelves in the Seas of £ 4/?- Jndia, and other parts of Afta. and Africa, by rich prizes gotten there forcibly from the Portugals, and others 5 and a large part therepf wasdu? to his Majefty, and to the Duke as Admiral by the Law 5 for which, nei- ther of them had any fatisfadion. Whereupon directions were given for a legal profecution in the Court oi Admiralty , and to proceed in fuch Matter as fliould be held fitteft by the Advice of Council. In the Moneths of T>ecembcr and January, in that year divers Wit- neftes were examined in the Admiralty according to the ordinary courfe of that Court, to inftruft and furnifli Informative Procefles in this be- half. After the Tenth of March, 1623. an Aftion was commenced in the Court in the joynt names of his Majefty, and the Admiral, grounded upon the former proceeding 5 this was profecuted by the Kings Advo- cate, and the demand at firft was Fifteen thoufand pounds. The Adion being thus framed in both their names, by Advice of Council, becaufe it was doubtful in the judgment of the Council, Whether it 'did more pro- perly belong to the one, or to the other, or to both 5 and the form of en- tring that AAion being moftufual in that Court, on the Eight and twen- tieth of April, 161/^. the Judicial Agreement and Sentence pafted there- upon in the Admiralty Court, wherein the Companies confent, and their own offer, plainly appeareth j fothat for the fecond part of theright,it were Hijlorkal ColieBiom. were very hard to conclude that the Duke had no right, contrary to the Companies own confent, and the fentence of the Court, grounded on their Agreement, unlefs it fhall fully appear. That the Company was by ftrong hand inforced thereto, and fo the money extorted. Therefore to clear that fcruple , That as the matter of the Suit was juft, or at leaft fo probable as the Company willingly defired it for their peace , fo the manner was as juft and honorable 5 your Lordfliips are hum- bly entreated to obferve thefe few true Circumftances. The Suit in the Admiralty begun divers moneths before the firft mention of it in Parlia- ment; and fome moneths before the beginning of it in that Parliament it wasprofecutedina legalcourfe, and uponfuch grounds as will yet be maintained to be juft. The Compofition made by the Company, was not moved by the Duke, but his late Majefty on the behalf of himfelf, and of the Duke , treated with divers Members of the Company about it, and the Duke himfelf treated not at all with them. The Company without any compulfion at all agreed to the Compofition, not that they were willing to give fo much, if they might haveefcaped for nothing, but that they were willing to give fo much,,rather then to hazard the fuccefs of the Suit : And upon this Compofition concluded by his Majefty, the Company defired and obtained a Pardon for all that was objedted againft them. The Motion in Parliament about the ftay of the Companies Ships then ready prepared and furnifhed,was not out of any refpedl to draw them the rather to give the Compofition, but really out of an apprehcafion, that there might be need of their ftrength for the defence of the Realm at home ; and if fo, then all private refpeds muft give way to the Publick Intereft. Thefe Ships upon the importunity of the Merchants, and Rea- fons given by them, were fuftered neverthelefs to fall down to Tilbtiq, by his late Majcfties diredion to fpeed their Voyage the better, whilft they might be accommodated for this Voyage, without prejudice to the pub- lick fafety, they were difcharged when there was an Accommodation propounded and allowed, which was. That they fhoald forthwith pre- pare other Ships for the home fcrvice, whilft thofe went over with their Voyage, which they accordingly did!, That the Motion made in the Commons Houfe , was without the Dukes knowledge or privity. That when there was a rumor,that the Duke had drawn on the Compofition by ftaying of the Ships which were then gone, the Duke was fo much offend- ed thereat, that he would have had the former Communication to have broken off, and have proceeded in a legal courfe, and he fent to the Com- pany to that purpofe 5 but theCorapany gave him f^tisfa(5tion, That they had raifed no fuch rumor, nor would, nor could avow any fuch thing, and entreated him to reft fatisfied with their publick adls to the contrary .That after this, their Ships being gone, themfelves careful of their future fecu- rity, folicitedthe difpatchof the Compofition, confulted withCouncel upon the Inftruments which pafTed about it, and were at the charge there- of, and the money was paid long after the fentence,and the fentence given after the Ships were gone, and no fecurity given at all for the money, but tlie fentence;,and when thisraony was paid to the Duke,the whole fum (but Two hundred pounds thereof onely) was borrowed by the King, and em- ployed by his own Officers,fortheferviceof the Navy. If thefethings do upon proof appear to your Lordfliips,as is affured they will,he humbly fub- mitteth it to your judgments,how far verbal Affirmations or Informations extrajudicial, fliall move your judgments, when Judicial Ads, and thofe things which were adted and executed, prove the contrary ^ To 389 2 CatoU, 1 — l,po Historical ColIeBions. An. 1626. The Charge touching his putting the Ships into the hands of the French. To' this Article, which is fomixt with Adtions of great Princes, as that he dareth not in his duty publifh every pafTage thereof, he cannot for the prefent make fo particular an Anfwer as he may, hath, arid will do,, to the reft of his Charge. But he giveth this general Anfwer, the truth whereof he humbly prayeth may rather appear to your Lord (hips by the Proofs, then by anyDifcourfe of his 5 whichinReafon of State, will happily be conceived fit to be more privately handled. That thefe Ships were lent to the French King at firft, without the Dukes Privitie: That when he knew it, he did that which belonged to an Admiral of England, and a true Englifli man : And he doth deny, that by menace, or compulfion, orany other indireft, -or undue practice, or means, heby himfelf, or by anyothers, did deliver thofe Ships, orany of them, into the hands of the French, as is objecfied againft him : That the Error whkh did happen, by what diredion foever it were, was not in the intention any ways injurious, or didionorable, or dangerous to this State, or prejudicial to any private man, interefted in any of thofe Ships ; nor could have given any fuch offence at all, if thofe promifes had been obferved^by others, which were profefTed and really performed by his Ma- jefty and his Subjeds on their parts. Since the DnkesAnfwer delivered into the Houfe, he hath himftlf openly decla- red to their Lordfhips, That for the better clear- ing of his Ho- nor and Fide-' lity to the State, in that part of his Charge which is objefted againft him by I ■•'."... this Seventh Article, he hath been an earned and humble Suiter to his Majefty, to give Wm leave in his Proofs, to unfold the whole Truth and Secret of that great AiSion , and hath obtained his Ma)cfties gratious lea\^ therein •, and accordingly doth intend to make fuch open and clear Proof thereof, that he nothing doubteth but the fame when it fliall appear, will not onely clear him from blame, but be a Teftimony of his care and faithfiilnefs in fetving the State A The Charge touching his prafticeofthc employment of them a- gainft Rochel. B To this Article wherewith he is taxed to have pradifed for the em- ployment of the Ships againft Rechel, he anfwereth. That he was fo far from pradifing or confenting that the faid Ships ftiould fo be employed, that he ftiall make it clearly to appear, that when it was difcovered, that they would be employed againft thofe of the Re- ligion, the Proteftation of the French King being otherwife, and their pretence being, That there was a Peace concluded with thofe of the Re- ligion, and that the French King would ufe thofe Ships againft Genoa, which had been an atflion of no ill confcquence to the Affairs of Chriften- dom : The Duke did by all fit and honorable means, endeavor to divert that courfe of their employment ^igainR. Rochel. And he doth truly and boldly affirm. That his endeavors under the Royal care of his moft Ex- cellent Majefty, hath been a great part of the means to preferve the Town oi Rochel, as the Proofs, when they fhall be produced, will make appear. And when his Majefty did finde that beyond his intention, and contrary to the faithful Promifes of the French , they were fomifem ployed, he found himfelf bound in honor to intercede with the moft Chriftian King, his good Brother, for the Peace of that Town, and of the Religion, left his Majefties Honor might otherwife fuffer : Which interceflion his Ma- jefty did fo feduloufly, and fo fuccefsfuUy purfue, that the Town and the Religion there, do and will acknowledge the fruits thereof. And whereas it is further objeded againft him, That when in fo un- faithful a manner he had delivered thofe Ships into the power of a foreign State, to the danger of the Religion, and fcandal and difhonor of our Nation, which he utterly denieth to be fo : That to mask his illintenti- ons,in cunning and cautelous manner, he abufed the Parliament at oxford, in affirming before the Committees of both Houfes, That the faid Ships were D Hijlorical ColleHiom. were n3t,nor fhould be fo ufeJ or employed ■ he faith, (under the f.ivor of thofe who fo underftood his words,) That he did not then ufe thofe words which are exprefled in the Charge to have been fpoken by him, but there being then a jealoufie of the mif-cmploying of t!iofe Ships , the Duke having no knowledge thereof, and knowing well whit the pro- mifes of the French King were , but was not tlien feafonable to be publilhed i he hoping they would not have varied from what was pro- mifed, did fay, That the event would flisw it was no undertaking for them, but a Declaration of that in general terms which Ihould really have been performed, and which his Majefty had juft cautc toexpe^ from them. That the Duke did compel the Lord 7i. to buy his Title of Honor, he utterly denieth; and he is very confident, that the Lord iZ. himfelf will not affirm it, or any thing tending that way: Neither can he, nor any man elfe truly fay fo, but the faid Duke is able to prove, that the Lord R. was before willing to have given a much greater fum, but could not then obtain it-, and he did now obtain it by folicitation of his own Agents. For the felling of places of Judicature by the Duke, which are fpe- cially inftanced in the Charge, he anfwereth, That he received not, or had a penny of either of thofe fums to his own ufe -, but the truth is, the Lord M. was made Lord Treafurer by his late M ijefty without concrad- ing for any thing for it ^ and after that he had the Office conferred upon him, his late Mijefty moved him to lend him Twenty thoufand pounds upon promife of repayment at the end of a year •, the Lord M, yielded to it, fo as he might have the Dukes word that it (hould be repayedunto him accordingly : The Duke gave his word for it •, the Lord M. relied upon it, and delivered the laid fum to the hands of Mr. Porter then attend- ing upon the Duke, by the late Kings appointment, to be difpofed as his Majefty Ihould direol. And according totheKmgs diredion, that very money was fully paid out to others, and the Duke neither had, nor difpofed of a penny thereof to his own ufe , as is fuggefted againft him. And afterwards when the Lord M. left that place, and his money was not repayed unto him, he urged the Duke upon his promife •, where- upon the Duke being jealous of hisHinor, and to keep his word, not having money to pay him, he alTurcd Lands of his own to the Lord M. for his fecurity. But when the Duke was in S^.tiriy the Lord M. obtained a promife from his late Majefty of fome Lands in Fee-farm, to fuch a value, as he accepted of the fame in fatisfidion of the faid money, which were afterwards palTed unto him •, and at the Dukes return, the Lord M. delivered back unto him the fecurity of the Dukes Lands which had been given unto him as aforefaid. And for the Six thoufand pounds fuppofed to have been received by the Duke, for procuring to the Earl of M. the Mafterlhip of the Wards, he utterly dcnieth it •, but afterwards he heard that the Earl of M. did dif- burfe Six thoufand pounds about that time-, and his late Majefty beftow- ed the fimeupon Sir Hcnr) Mildmay, his Servant, without the Dukes pri- vity, and he had it and enjoyed it, and no penny thereof came to the faid Duke, or to his ufe. To 1,9 I Caroli. The Charge touching the compelling the Lor.l R. to buy Honor. The Charge touching his felling of pla- ces of Judica- ture. ^9i Hiflorical ColleBions, An. i6z6. The Charge touching his procuring of Honors for his poor Kinrcd. The Charge touching his exhaufting,in- tcrcepcing and mif-em- ploying the Kings Reve- nue. To this Article the Duke anfwereth , That it is true that his late Majefty out of his Royal Favor unto him, having honored the Duke himfelf with many Titles and Dignities of his bounty •, and as a greater argument of his Princely Grace, did alfo think fit to honor thofe who were in equal degree of Blood with him, and alfo to ennoble their Mother who was the Stock that bare them : The Title of the Countefs of Buckingham beftowedupon the Mo- ther, was not without Prefident 5 and fhe hath nothing from the Crown but a Title of Honor which dieth with her. The Titles beftowed on the Vifcount P. the Dukes Elder Brother, were conferred on him, who was a Servant of theBed-chambertohis now Majefty, then Prince, by his Highnefs means 5 the Earl of j, was of his late Majefties Bed-chamber, and the Honors and Lands conferred on him, was done when the Duke was in Spain. The Earl of D. hath the Honors mentioned in the Charge, but he hath not a foot of Land which came from the Crown, or the Kings Grant. But if it were true. That the Duke had procured Honors for thofe who are fo near and fo dear unto him 5 the Law of Nature , and the Kings Royal Favor, he hopeth will plead for his excufe ; and he rather believeth he were worthy to be condemned in the opinion of all generous mindes , if being in fuch Favor with his Mafter, he had minded onely his own advancement, and had negledted thofe who were neareft unto him. To this Article his Anfwer is, That he doth humbly, and with all thankfulnefs acknowledge the bountiful hand of his late Majefty unto him s, for which he oweth fo much to the memory of that deceafed King, his moft Excellent Majefty that now is, and their Pofterity, that he (hall willingly render back whatfoever he hath received, together with his life, to do them fervice. But for the immenfe fums and values which are fuggefted to have been given unto him, he faith, There are very great miftakings in the calculations which are in the Schedules in this Article mentioned 5 unto which the Duke will apply particular Anfwers in another Schedule, which ftiall exprefs the truth of every particular as near as he can colleft the fame, to which he referreth himfelf^ whereby it fnall appear, what a great difproportion there is between Con jedures and Certainties : And thofe gifts which he hath received, though he con- feffeth, that they exceed his Merit, yet they exceed not Prcfidentsof former times. But whatfoever it is he hath, or hath had, he utterly denieth that he obtained the fame, or any part" thereof, by any undue foUicitation, or praftice, or did unduly obtain any Releafe of any fums of money he received-, but behaving at feveral times, and upon feveral occafions difpofed of divers fums of the moneys of his late Majefty, and of his Majefty that now is, by their private direftions, he hath Releafes thereof for his difcharge, which was honorable and gratious in their Ma- jefties, who granted the fame for their Servants inderapnity ■ and he hopeth was not unfit for him to accept of, left in future times, he or his might be charged therewith , "when he could not be able to give fo clear an account thereof, as he hopeth he ftiall now be. well able to do. To HiUorical ColkHions. m IB, I ! I I to! J To this Charge, which is fet forth in fuch an expreffron of words as might argue an extraordinary guikinefs in the Duke, who bv fuch infinite bonds of duty and thanktulnefs was obliged to be tender of the life and health of his moft dread and dear Soveraign and Mafter he maketh this clear and true Anfwer : That he did neither apply nor pro- cure the Plaifter or Poffet-drink, in the Charge termed to be a Potion unto his late Majefty, nor was prefent when the fime was firft taken or applied : But the truth is this 5 That his Majefty being fick of an A^ue took notice of the Dukes recovery of an Ague not long before and asked him how he had recovered, and what he found did him moft ^ood :" The Duke gave him a particular anfwer thereto, and that one who was the Earl of Wr)p, whom he knew to be aconvidt Recufant, and did notwithftanding refufe to difarm him, although he lud received Letters from the Lords of the Ceuncil to that effed, and did likewife refufe to fliew the Commiflionerswho were to be im ployed for difarming of Popilli Recufants, the original Letters of the Privy-Coun- cil, or to deliver them any Copies as they defired, and as his Prede- ceilbrs in that place were wont to do. 7. By giving Order to the Lord Dunbar, Sir William Wetham, and Sir William Aiford, to view the Forts and Store of Munition in the Town of Kingfion upon MtiH, who made one Kerton a convicfl Recufant and fufpeded to be a Prieft, their Clerk in that fervice. 8. By denying to accept a Plea tendred according to the Law by Sir William Milliard Defendant, againft ifabd Simpfon Plaintiff, in an A(5lion of Trover, that (he was a conviiil Popirti Recufant, and forcino hira to pay cofts. ^ 9. By the great increafe of Recufants fince his Lordfliips comino to that Government in January 1619. It appearing by the Records of'the Scflions, that there are in t\\t Eafl- Riding onely One thoufand fix hun- dred and feventy more convi(5led then were before, which is conceived to be an effed ot his favor and countenance towards them. William LangdaU Efquire convict of Popiih Recufancy ; Jordan Me- tham, Henry Holm, Michael Partington, Efquires, George CrefjveS, rhomM Danby, CommlfTioners of the Servers, and put in Commilfion by pro- curement of the Lord Scroop, Lord Prefident of the North, and who have all Popifh Recufants to their wives ; Ralph tridgeman a Non-Com- 1 municant. | NichoUs Girlington, whofewife comes feldom to Church ; Six Mar - maduke Wycel Knight and Baronet, prefented the lafl: Parliament his wife being a convid Popilh Recufant,and ftill continuing fo. Sir Thomas Metham Knight, Deputy Lieutenant made by the Lord Scroop in Commiflion ot the Council of the North, and of Oyer and Terminer, and other CommifTions of Truft ; all by procurement of the fame Lord Prefident fince the Kings Anfwer •, never known to have re- ceived the Communion ; his two onely Daugliters brought up to be Po- pifh, an j one of them lately married to Thomtvs Boleman Efquire a Po- pifli Recufant. Anthony Vicount Montague, in Commiflion of the Semrs in Com. Suffex, his Loi (hip a Recufant Papift. Siv William Wray Knight, Deputy Lieutenant, Colonel toaRegi- ment,his wife a Recufant -, Sir Edrv. Mufgrave, Sir Tho. Lamplei^h Juftices of Peace and ^orum •, Sir Thomas Savage Deputy Lieutenant and ]\i- ftice of Peace, his wife and children Recufants } Sir Richard Egertom Non- Communicant. Thomas Savage Efquire, a Deputy Lieutenant, a Recufant, and his wife indiifled and prefented -, William Whitmore Commiflioner of the Subfidy, his wife and children Recufmts - Sir Hughsee/lon Commifli- oner of the Subfidy, his Daughter and many of his Servants Recufants ; SirmV/wwiv/j/iVfCommiflioner for the Subfidy, his Lady indited for Recufancy, and his children Papifts -, Sir William Courtney Knight, Vice- Warden of the Stannery, and Deputy Lieutenant, a Popifh Recufant, Sir 2 Caroli. 39^ A;j. 1626. Hiflorical ColleUions* Sir Thomas RidU'^ Knight, Juftice ot" the Peace, his wife a Popifli Recu- fant, and eldeft fon. Six Ralfh Con-^crsYinV^ht^ Juftice of Peace, his wife aPopidi Recu- fant^ James Law [on 'E((\\\\.xe^ a Juftice of Peace, and one of the Cap- tains ot the Trained-band, his children Popidi Recufants, and fervants Non- Communicants. S ir J'ohn She/Icy Knight and Baronet, a Recufant •, William Scot Efq-, a Recnfant ^ J^ohnF inch E[(\me^ notconvidl, but comes not to Church, in Commiftionof the^fivfrx. , The[e are all convicted Recufants^ or [uf^e^edef Popcrj. Sir William Mollinctix Deputy Lieutenant and Juftice ot Peace, his vvife a Recufant 5 Sir Richard Honghton Knight Deputy Lieutenant, his wife and fome of his daughters Recufants ^ Sir William Norris Captain of the general Forces, and Juftice of Peace, aRecuCmt-, Sir Gtlbcrt ire- land Ju^ke of Peace, a Recufant-, James Andsrton Efquire, Juftice of Peace, and one of his Majeftics Receivers, his wife a Non-Communi- cant, his fon and heir a great Recufant, and himfelf fufpeded. Edward RighyE(<\mey Clerk of the Crown, Juftice of Peace, him- felf a good Communicant, but his wife and daughters Popilli Recufants. Edrvard Cri{m}l Efquire, Juftice of Peace, his wife a Popifh Re- cufant. John Parker Gentleman, Mufter-Mafter for the County, fufpedted for a Popifh Recufant. , George 7rf/j««f Efquire, Juftice of Peace, his wife a Popifli Recufant. John Prejlon Efquire, Bow-bearer for his Majefty in WejlmorUnd Foreft, a Recufant. thomoi Covin Efquire, Jaylor, Juftice of Peace and ^uoru-m^ his Daughter a Recufant married, ■Sir Cuthbcrt Haifa! Juftice of Peace, his wife a Recufant. Richard Sherborn Efquire, Juftice of Peace, himfelf Non-refident, his wife and fon Recufants. Sir George Hennage Knighr, Sir Francis Metcalf Knight, Robert jherall Efquire, Anthony Mounjon Efquire, William Dallifon Efquire, in Coramiflioner of the Servers, and are juftly fufpe^led for Popilh Recu- fants. Sir Henry S filler Knight in Commiftion of Peace for Middlefex and Weflminjler, and Deputy Lieutenant -, Falentine Saunders Efquire, one of the fix Clerks, both which are juftly fufpedcd to be ill-affeded in Re- B D ligion according to the Aifls of State. Charles Jones Knight, Deputy Lieutenant, and Juftice of Peace 5 George Milburne^^c^vit, Juftice of Peace, Edivard Morgan Enquire, their wives are all Popilli Recufants. William Jones Deputy Lieutenant, Juftice of Peace, liis wife fufpe(5l- ed to be a Popifli Reculant. John Vaughan Captain of the Horfe, fufpeded for Recufancy. Bencdi^ Hall Receiver and Steward of the Dutchy of Lanca(ler, he and his wife are Popifli Recufants. Six Thcm.is Brudenel Knight and Baronet, Deputy Lieutcnant,3 Popifli Recufant. Cuthbert Herone Efquire, now Sheriff of Northumberland, Juftice of the Peace, his wife a Recufant. Sir William Selby Junior, Knighr, Juftice of Peace,- his wife a Re- cufant. Sir Hi^orical ColieBions, B D Sir ^oh» Canning Knight, Juftice of Peace, his wife a fufpeded Re- coTant, Sir Ephraim Widdrington Knight, Juftice of Peace fufpedled to be a Recufant. S'nThom.ts Riddad Knight, Juftice of Peace, his wife and eldeft fon are Recufants. ^ohn JViddrington Efquire, who came out of the fame County before his Majefties Proclamation was publillied, and is now at London attending theCouncil Table by Commandment, and yet not difmift. Sir Robert rierpoint Eiquire, Juftice of Peace, his wife a Recufant. Sir Anthony Brown Kmght, Juftice of Peace, thought to be a Recufant, but not convidt. Sir Henry Beddingfield Knight, Deputy Lieutenant, and Juftice in Oyer and Terminer, and in Commiftion of Sewers, Juftice of Peace, and Captain of a foot Company, his wife nor any of his children, as is informed, com»to the Church. 7homiti Sajer Captain of the Horfe, bis wife comes not to Church. Sir William Teherton Baronet, and Juftice of Peace, not fufpedted himfelf,but his eldeft fon and one of his daughters are known Recufants. Sir Henry Minne Knight, Juftice of Peace and ^.orum^ neither he his wife or daughters can be known to have received the Communion, and have been prefented at the Seflions for Non-conformity. Robert Warren Clerk, a Juftice of Peace, juftly fufpcded, and that for thele Reafons. 1 . He being in truft for one Ratcliff of Bury, deceafed, for the educa- ting of his fon 5 he took him from the School at Twelve years old, and fent him beyond the Seas, to be brought up there in a Popifti Seminary, where he hath remained fix or feven years, as was generally reported, 2, One of his Parifhioners doubted in fome points of Religion, being fick, and defired to be fatisfied by him, who confirmed him in the Reli- gion of the Church of Rome, which he told to his brothers before his death, who are ready to affirm the fame, but this was divers years lince. 3. There being Letters direded to four Knights of that County to call the Minifters and other officers before them, and to caufe them to prefent all fuch as abfented themfelves from the Church, and were Po- piOily affeded, he was defired to prefent thofe within his Parifh Church of Welford, which he accordingly did, but left out at theleaftone half-, and being asked, why he did fo, he anfwered, that he was no Informer : And being asked of fome particulars, whether they came to the Church or not, his Anfwer was, they did not, and why then did he not prefent them-f he faid, they mightbe Anabaptiftsor Brownifts, and would not prefent them, and this certified by three Members of the Houfe, 4, He having a brother dwelling in Sudbury that was prefented for not coming to the Church, he came to one of the Minifters, and told him, that he took it ill they prefented his brother, who anfwered, he did it not, but if he had known of ir, he would-, where- upon he replied. He was glad he had a brother of any Religion. 5 One of his Parifli, named Page, having intelligence, that there was one in the faid Parilh, that could inform of a Private place, where Arms were in a Recufants Houfe in the Parilb, came to Ibme of the Deputy Lieutenants inCommilTion for a Warrant to bring the fame in form before them, to be examined concerning the fame, and the faid £^ J99_ 2 Careli. 400 An. l6i6.\ r Hiflorical CoileBions. j4^c delivered the Warrant to the Conftable, he carried him before the faid Mr Warren, who rated the faid Fage for that he did not come to him firft, telling him, that he was a fadious fellow, and laid him by the heels for two hours, which the faid Fage is ready to affirm. Sir Benjamin Titchhitrne Knight and Baronet, Juftice of Oyer and Terminer, Juftice of Peace, and Deputy Lieutenant, and in Commiifi- on for the Subfidue, liis wife, children and fervants indidled for popiHi Recufancy. S'w RtchardTjMurneKmght, Juftice of the Peace, his wife prefent- ed the Lift SefTions for having abfented her f|Jf from the Church for the fpace of two moneths. Sir Henry Compton Knight, Depoty Lieutenant, Juftice of Peace, and Commiflionerfor the Sewers^ Sir ^ohn Shelly Knight and Baronet, him- felf and his Lady Recufants, Sir ^ohn Gage Knight and Baronet, a Papift Recufanr. Sir £^nW FLd. Knight, f ^^eir Ladies come not to Church. Sir Genet Kempe Knight, fome of his children come not to Church. Edward Ga^eE((H a R ecu fan t Papift |^^„,„;^^„ cue T^..M/MLr.?omesnottoChurch|<^°"^^^«i°"^^^oftheScwers. :^a7)ies Bolls, William Scot, Commiflioncrs of Sewers, both Recu- fants Papifts •, Eohert Sf tiler comes not to Church. ' Sir Henry GuilfordiR Comraiflion for Piracies, and for the Sewers, and ^ohn Thatcher Efquire, Commiflioner for the Sewers, they are either perfons convided or juftly fufpeded. Sir Richard Sandford Knight, Richard Bremhwait Efquire, Catven Bfemhrvait Efquire, their wives are Recufants. Sir William Ambrey Knight, Juftice of Peace, a Recufant, Recs Williams a Juftice of Peace, his wife a eonvid Recufant, and his children Popiftily bred, as is informed. Sir ^ohn Coney Knight a Juftice of Peace, and Deputy Lieutenant, his wife a Popifti Recufant. Morgan Voyle Efquire, Juftice of Peace, his wife prefented for not coming to Church, but v.^hether (he is a Popifti Recufant is not known. ^okn Warren Captain of the Trained-band, one of his fons fufpe Dom , babmg rcccibeD tDi33 moaning a peerage from JD pout ^ajeap, intimating an mttnnon to Dicroltje ttji0 #adtament ? rememb?tng t^at ttie are pour ^ajeftie^ bereDitarp great Council of tUe fitmgDam, Do conteibe tOat toe cannot Deferbe pour ^ajeftiejK gracious opinion cjip^effeD in xW .peerage unto m, no? DiD ctjargeour Dutpto tbe true original anD continual caufe of tbem , as alfo our mod earnef! Demotion of tbe parliamentarp fetbice of pout mod ejrcellent ^aj'eflp, anD of tbe careful fafetp anD Defence of pour Dominions, proton anD Dignttp : ^nD toe mod bumblp tbetefo^e befaccb pout mod ejtcellent ^ajedp to be gratioudp pleafeD hzu to cad pour epe on fome patticu^ lats, tbat )i)ii'\^t relation as toell to pom: Brd patliament, as to iW •-, out of tobicb toe cannot Doubt but tbat pout gteat (ScoDnefs map re^ cetbe an ample fatisfactton toucbing out mod lopal anD faitbful iw tentions* 3In tbe &rd parliament of tbe 6rd ^eat of pout ^ajedics mod bappp Retgn ober us, tbe CTommons tbeti aiTembleD, after tbep baD cberrfullp p?efcnteD to pour ^iijedp as tbe fird-fruits of tbeir affecti- ons Ctoo entire ©ubQDies, tocre ejrctrDinglp pjeffeD bp tbe means of tbe2Dufee of Buckingham, anDfo^ bi^oton enDs, as toe conceibe, to enlarge tbat ©uppip: tobicb toben be conceibeD tooulD not be tbece effectcD, b^ p^ocureD fo? tbe fame tnDs from pour ^ajedp an ^Djourn' ment of tbe parliament to tbe Citp of Oxford ; tobere tbe (Commons tben taking into jud conQDeration tbe greated mifcbiefs tobicb tl^iii ClingDom barioudp batij fuffcreD, anD tbat cbiedp ^v reafon of tbe ejco^ bitantpotoer anD frequent mifDcings of tbe fatDDu!;e, toere cutting tntoaparliamentatp courfeofepamination of tbofe mi:Ccbicfs,potoet, anD mtf Doings : Xut no fconet toas tbete anp mention maDe of \)i% JiSame to tuis purpofe, but tbat be fearing led W jettons migbt fo babe \im\ tco mucb laiD open to ^t bieto of p3ur mod ejcceUent ^a- jedp, anD to tbw^ jud Ccnfure tbat mtgbt tben babe follotoeD, p^efentlp tb?ougb bi)8 midnfo^mattons to pour ^ajedp of tbe intentions of pour faiD Commons (as toe babe jud caufe to beliebe) p.'ocureD a Diffolution of tbe fatD parliament : ^nD aftettoarDs alfo \\\ t\)z fame pear, tb^ougb Dtbcrs miftepo?ts maDe to pour ^ajedp in btsbebalf toucb' ing fome ® embers of tbe faiD (Sommoivs, tobobaD mo?e particufarlp D^atonbis JQame mto judquedion, anD judlp p^ofefl'eD tbemfelbes a' berfe tn bisenDs tbere, p?ocuveD (as toe cannot but conceibe) tbe faiD >^cmbers to be maDe tbe ©beciffs of feberal Counties fo? tW peat HiHorical CoUeBions. 405 B D pear t&at foUotueD, to rtje ent» t&at t\)tfmiQ\)t babe all hm p^ecluDeti 1 2 c^r^/;. from being cbofen ^embcr^ of tbe p^efent parliament, Icff tipcp ^,^^-^^ CfjoulD agam babe tbcretn qucQioncD btm 5 anD bp tbe Itfee p?aatce alfo (astoearepcrfbjaaeD) bep?ociireD foon after tbe faiD Diffolution ano i tbcr * £l;cmber of tbe faiD H^oufe, becaufe be baD jueip p^ofeCfcD bim^ ! =^Mr GUnviu. fclf agatnabije^^nD^, tobefenta^Setretarp of pour ^afeiiiejs laa JFleet, berebp iuDrcl) to pumll) bim bp futb D?ab3ing bim from bt0 practice of tbe lat», tobicb bjas^ bijs p^ofef)Sion, unber colour of an boiiorable 3lmplopment. 3ft pleafeD pour ^ajeapaftertoarDjs in February laCf, to call tbt0 p^efent parliament, tobcrcin (tbougb none of tbofe tobom tbe fatO Dufee bciD fo profurcb to be niabe btgU ©birtJ^) babe fit as ^embcr^ef^ pet toeauDmg tn our felbes tbe lif;e aafettion, 6r(I to tl)t ©crbtce of pour .^ateQp , anD nert to tbe gooD of tbe €ommonb)caltb, b)? took into fe- riou0 ConQDeration feberal p^opoQttonis, bob? f 0? tbe fafetp anObap pmefs of pour ^^ajeQicg; IRtngooms anD Allies, bje migbt enlarge pour ©uppo?t)5, aDotoibe^ilitarp Strengtb bJitbout cbargetotbe poo?er fo?t of pour Subjettf^, anb gtbe a larger ©uppip to pour ^a^ jeflp fo? pour tnOant anj p^ef^ing occaQoniS, tben batb cber pet but once been gtben m parliament : ©Hbereupon fo? tbe enabling of our felbe^anbtoofe bJbom b3erep?efent, bjeconcetbe it firanececfarp to fearcbintotbe^aufegiof tboCe ^ifcbtefief, bJbicb tbti^pour ClingDom fueferetb, anb tJibcrs of tbe (S?tebance« tbat oberburtben pour ^ub- jetfg ; bJitbout bomg of tobicb toe coulD neitber be faitbful to pour ^a- jeQp, no? to tbe dountrp tbat Dotb trud aab implop ms, a0 pour Ropal ' fatber alfo of blecTeD memo?p aDmomCbeD tbe I^oufe of Commons tn tbe fourrb "Scfston of bi« 6ra parliament. 3In tbi;» conCDeration toe founj tbat tbe mod p?ef;e(ing anD comp?ebenabe ^ifcbief anD (S?ie= bancc tbat toe fuffereb, toa0 funDamentallp fetleD in tbe bad potoe'i* anb eno?mou0 Actions of tbe faiD 2Dufee, being fucb? tbat \)^ reafon of \)iisi pluralitp of ©f6cc0, all gotten bp ambition, anD fome fo? mo- nep, ejrp?eap againff tbe Latoeg of pour Ecalm ; ^is^ b?eacb of Crutt, innot guarbmg tbe 'Seas -, \)i(!i bigb injuaice in tbe 3iDmiraltp •, \)iis erto?tion •, bis Dehbering ober tbe ©bips of tbis ii^ingbom into tbe banDsof aJFo?cin^?ince-, bt0P?ocurtngof tbe compulfo?p bupingof bono?fo? bis oton gain •, bis unejrampIeDerbauQing of tbe .Crcafures anD Eebenues of tbe filingDom •, \)i& tranfcenDent p?erumption of tbat unbappp applying of pbiQch to pour iaopal Jfatber of bltcfeb memo?p, fetoDapes bcfo?e ^iss Deatb, anD fome otberbts iDofences carefullp anD niaturelpejramineDbpus, toemaDe a #arliamentarp Cbarge of tbe fame matters ant) offences againd bim, to tbe lo?Ds bp pour ^ajeOp affrmbleD in parliament, tbere e]cpcaing fome reniebp bp a fpeeDp p?oceeDing againQ bim -, but, map it pleafe pour mod ejccellent ^a- jtQ]^, not onelp During tbe time of our ejcamtnation of tbe matters anD offences of tbe fame Cbarge, toe toere Diberdp interrupreD, anD biberteb, bp ^cf^i\i[t!s p?ocurcD tb^ougb mtGnfo?matton from pour ,^a- jedp, tobicb toitb mod bumble Dutp anD reberence toe DiD eber rcc eibc, tobence it 6rd felt out, tbat fo not onelp mucb time toas f pent amongd us, befo?e tb* fame Cbarge toas perfecteD, but alfo i^it\)in ttoo Dapes nejct after tbe fame ibarge toas tranfmitteD bp us to t\)t lLo?Ds : tip' on untrue anD malicious miQnfo?mat(ons p?ibatelp anD againd tbe ^?ibileDge of Parliaments, gibentopour #ajeflp of certain too?Ds fuppnfcD 4-0^ Hiftorical CoUeBions, An, 1626. fuppofeti to ^abe teen fpofeen bp ©it Dudley Digs ant) ©it John Elliot Cinis(jt0, ttuo of t^c ^emljetjai of our i|)oufe, in t^eit ferbice of tOe tranfmittmg of tljetaiD dljatge, botl) of ttjem l^abmg been efpe^ ciallp empIopeD tn tbe Cljair^ of Committees toitb us, about tbe tp aminatton of tUe faiD matteus anD oEfences, tbep toere botb bp pout ^aieaies commanD committeD to clofe imp?ifonment in tbe Cotuet of London, anfi tbeit loDginss p?efentlp featcbeD, ant) tbeit papets tbetefounDp?cfentlptal^cn atoap -, bp teafon txibcteof, not onelp cut !uioton #?it)ilel)scsof ^atliament t»ete inftingeD, but toe out felbeg tbat upon full bopeof fpeeDp coutfe of luflice agafna tbefaiDDufee toete p?epatmg toitbaU tiutifuU affection to p?occeD totbet)ifpatcbof tbeSupplp, anDotbet©ett)icesto pout ^ajeCfp, tuetetoboHp, astbe Coutfe anD ^?it)tleDge of patliament binDesus, DtbevteD fo? Dibets Dapes, to tbe tailing onelp into conQDetattonfomc Coutfes fo?tbetati-- fpinganDp^efctbationof tbe ^?ibileDges fotnftmgcD, anb toetbinfe it out Duties, moa gtatious ©obetaign, moO tigbtlp to info?m bete^ bppout moG ejctellent ^ajefip of tbe Coutfe belD in tbe Commit- ment of tbettoo ^embets : IFo? tubeteas bp pout .^ajeOies (DOHat-- tant to pout ^ecfengets fo? tbe atteQmg of tbem, pou toete pleafeb to commanD, tbattbep fljoulD tepait to tbeit loDgt'ngs. ainD tbetetal^e tbem-, ^out^ajcdies principal ©ettetatp tbe lo?D Conway gabe t\)t faiD '^effengets, (as tbep af&tmeD) an e]rp?efs commanD, contta- tp to tbe faiD caiattants, tbat tbep Q)3ulD not go to tbett JLoDgings, but to tbe !|)oufe of Commons, anDtbetetafeetbem; anDif tbepfounD tbem not tbete, tbep CfJOulD Qap until tbep tnete come into tbe llJoufe, anD app?ebenD tbem tbbetefoebet elfe tbep ftculD 6nDe tbem. m\)it\) be&Des tbat it \& conttavp to pout ,^ajeOies commanD, \9i m appa* tent CeQtmonp of fome mifcbtebous intention tbcte baD againa t\^t tobole ll3oufe of Commons, anD againd tbe ferbice intenDeD to pout ^ajeffp, gil uibicb,tuitb t\)t fcbetal intettuptions tbat p?eceDeD it,anD tbe miQnfo?mation tbat batb caufeD all of tbem> toe cannot Doubt but tbat tbep toereto^ougbt anD p^ocutcD bp tbe 2r>u6eto bis otonbeboof, anD fo^ bis aDbantage, efpe ciallp betaufe tbe faiD 3!ntettuptions babe tb^ougbmiGnfo?mationcomeamongflus, onelpat fucb times tobete^ m toe babe baD tbe mattetsmiD offences cbatgeD againo bim in agita- tion 5 but pout ^ajeOp out of pout gtcat gooOnefs anD juOice being af' tertoatDsinfo?meDttuelp of out #?tbileDge, anD t\)t Demetit of tbe Caufe tbat concetneD out faiD ttoo ^cmbets? gtaciouflp commanDeD tbe Delibctp cf tbem out of tbe 'STotoet, fo? tobicb toe tenDet unto pcut ^ajcap mod bumble tbanfes ^ anD txiete tben again bp teafon of out bopes of tbe Difpatcb of p?oceeDings toitb tbe Lo?Ds, upon cut Cbatge agama bim faiD tbe I?ufee, in a cbeetfull putpofe to go on ixiitb tbe mattet of ©upplp, anD otbet fetbtces to pcut ^ajeftp, toben again tbefe bopes faileD in us, bp teafon of fome neto e]co?bi^ tancies noto latelp tbebieDin tbe ejcetcife of bis fo gteat potoetanD ambition •, fo? bp fucb bis potoet anD ambiticn, nottoitbftanDing out iDeclatationagamft btmfo?bis fo gteat plutaltrp of Offices, bealfo P?ccuteD to bimfelf, h^ tbe follicitation of bis Slgcnts, anD of fucb as DepenDeD upon bim, tbe ©fete of Cbancello? of tbe 23nibeffitp of Cambridge^ bJbeteastbc fame ©ImbctQrp babtng ttoo Xutgeffes in Parliament, DiD bp tbe fame Xutgeffcs a feto toeefes befo?e, ccn^ Cent bJitb us m tbe Cbatge againft bim fo? W ambition fo? p?o- cuting HiBorical CoUeBions, 4.07 B D curing fuclJ a pluralitp of Officer -, fuel) \j)h^aieap, tbat in bebalf of tbe faiD ^Dufee, anD togetber tuttb bim, iJoDo 10 fo Qrangelp potucrful , txierc Co mucb agama tlje 33arltair.entarp Courfe of tbi0 IRmgDom, a0tbepmigbtperbap0aDbtfe pour mott tp cellent ^aieQp fucb JSetn (2:ounfel0 a0 tbefe, tbat fell unitr tbe me^ mo?p anb conQberation of tbat ^?tbp anD us>, anD tuljic?) tiatje poCffCTcD tDc !jtart0of pour people anD loyal CommonstoitD unfpcafe' able iom'iJ) anDoiief, finCmg apparenrlp all DuniblcanD beartp er/ tcat)o?0 !T!tQnterp?ctcD , DtnD?eD , ano noto at Ida almcS fruaratcD iittcvlp, bf> tOe intcrpoQtion of t\)c ejcrcCfibc anD abuQbc pbtxieu ni one «ian •, agatno tobom toe babe jua caufe to p^otea, not onlp in regaiD of tbe particulars bJbcreboitb be batb born cbargeD, toDtcb in Parlfs^ mcntarp ii>aj» toe are enfojccD to inQCf upon, slis itiatters tobicb lie in our nottre an'3 p^ccf, but alfo bccaufc toe appjebenD bim of fo un^ b^irileD Snibition , anD fo aberfe to tDe gccD anD tranquilliti' of tbe COurcb anDState , tljat toe benlj) beliebe t)tm to be an €nemp to botb : ^nD tbcreft^c, unlcf0 toe tooulD bctrap our oton Duties to pcur ^ajefip, anD tbcfe fo| toboni toe arc truacD, QUe cannat but ejcp^efs our inftnite grief, tfat be CfJOulD babe fo great potocr anD tnterefl m pour p^incelp affections, anD unDer pour fl^ajettp to'yollp in a manner to engrafs to btmfelf tbeaDmtniQratton of pour3ffd\C0 of tbe CitngDem, tobtcb bp tbat means is Diaton into a Condition moa miferatilc anD ba^arDous* (S5ibe m tben leabe, mod Dear ©oberaign, in tbe name of all t\)t (Commons of tbis pour fctngDom, p^ofirate at tbe fert of pour ©acreD ^ajeClp, motlbumblptobefftcbpou, eben fo? tbe l|)ono? of ^Imigljtp @oD, toljofe Religion i!s Directlp unDermineD bp tbe p?atttce of tbat ^artp tobom tbisDufee fuppo^S; IFo? pour jjono^ tobicb toillbe mucb aDbanceD in tbe reliebmg of pour people \n tbis tbeir great anD general griebancf; Jfo? tbe bono?, fafetp anD toelfare of pour IftingDom, tobscb bp tbi0 means is tb?eatneDtoitbalmo(i unabot'Dable Dangers •, 9nD fo? tbe lobe tobicb pour ^ajeap as a gcoD anD lobing fatber bears imto pour gooD people, to tobom toe p?ofefs in tt)e p?e' fence of ailmigbtp omtmons bp tbei:)it3me p?ot)tDence lomniitteD to bis tbarge anD gobcrnment j ^et fo^afmucb as bp tbe affifiante of tbeHilmigbtp, \}i^ piirpofe is, fo to o?Dcr bniiff If' anD all bis SBaions, cfpettallp tbe great anDpublcfe SCttions of ©tatr, concerning tbe toeal of bis fiiingDoms, as map juttiee tbemfclbes not onlp to \^i<6 oton Confcienre, anD to \^i^ oton people, but to tbe tobole CiKoilD •, l|)is ^ajeOp batb t\)m^^t it fit anD necccrarp, as tbe Affairs noto OanD botb at bome anD ab?oaD, to mafee a true,plain ? clear Declaration of tbe Caufes vobicb mobeD \i\^ ^ajeOp to affemble, anD after cnfejceD bim to Dicfolbe tbefe parliaments 5 Cbat fo tbe moutb of malice it felf map be DoppeD , anD tbe Doubts anD fears of \>\& otxrn gcoD ©ubjertsatbome, anD of bislFrienDs anD allies ab?caD mapbefatif&cD, anDtbeDefcrbcD blame of fo unbappp aicciDents map jufllp ligbt upon tbe autbo?s tbcreof. cmben W ^aieap bp tbe Deatb of bis Dear anD EopalJFatberof cbrr bleffeD memo?p firO came to tbe Crotnn, be fcunDbimfelf en= gageD in a CUar toitb a potent €nemp -, not unDcrtaften raQjlp, no? Wttbout juaanDl;ono?able grounDs, butenfojceD fo? tbe neceoarp De^ fence cf bimfelf anD bis 2:)ominions, fo? tbe fuppo?t of W JrrienDs anD Allies, fo? tbe reDcrming of tbe antient ?3ono? of tbis JQatton, fo? tbe recobcrmg of tbe patrimonp of bis Dear ©iQer, ber Confo?t, anD tbeir CbilD?cn , mjuriouap anD unDer colour of '^Treaties anD jfrienDCfjip tal>cn from tbem, anD fo? tbe maintenance cf tl;c true Religion, anD intjiteD tbercunto anD encourageD tberein bp tbe bumble ^Dbice of botb tbe l^oufes of parliament, anD bp tbeir large p?o-- mifes anD p?oteaation'5 to bis late ?0ajcEfp, to gibe bim full anD real arriRance in tbofe €nterp?ifes tobicb toere of fo great impo?t' ancc to tbts ISlealm, anD to tbe general peace anD faferp of all bis IFricnDs ann 3lUies : Xut toben bis ^ajeQp entreD into a bieto of bis Creafure, Historical ColIeBionf. + II B D titrrafure, \)t founD boto ill p?ol)iDct) \)t \j3a0 to p?otef D cffcttuanrtritlj fo great an ^aion, unlcfjs \}c niigOt l)c affurcD to rcreibe furti Suppliro i from hits lobtng @ubica0, aj3 niigUt cnalilc t)tm to manage tt)e famc« j l])cr(upDn tii0 ^ajf Op ticiiig unlling to trraD m i^e acp0 of bis i iS,opal p?ogcnito?j5, fo^ t be maMng of gooD anu tubolfom Lato0 fo? tbc better (Sobcrnment of bts people, fo? tht rtgbt unDerQanOmg of tbeir true ©^iebancex^ aiiD fo? tbe S^upplpof monies to be impIopeD fo? tbofc publicfe ftr'iitce0, be uiD refolUe to fumnion a parliament toitb all tonbenient fpfrD be migbt ■■, ^n\} 6nDing a fo?mrr ^Parlia- ment alreaDp calleD m tbc life of \)i^ jFar ber, be txia0 beQroujK fo? ttiv tbe fperlner Difpatcbof \m toeigbtp atTairs;, anD gammg of time, to bate tcntmueD tbe fame toitbout anj' alteratiDii of ?be Members tbere^ of, baO be not bcrn aiibifcD to tbe contrary hp bi0 3[utige0 anD Council at ILalJ), fo? tbatit baDbftn fubjcato quenion m laio, tabirb be De^ QreD to aWZ, Xut ae fcon a0 poCfibl]' be coulD, be fummoneD a ncti) ^arliament.'bopicb be DtD toitb mutb coii6Dcnct anD affuranre of tbe Ictie of hii' people tbat tbofc (Uibo not long befo?e baO toitb Come t'mpo?tunitp toon bi0 Jraiber to b?eak off bi0 fo?mer treaties tuitl) Spain, anD to effect it baD ufeD tbc mcDiation of bi0 noto ^ajeffp being tben }i?ince, anD a Member of tbe parliament, anD baD p?omifeD m parliament tbeir uttf rmofl affiRante fo? tbc enabling of bi0 late ^ajeop to unDcr go tbe Mav tobiib tbcp tben fo?efato migbt foUoto ) tooulD affureDlp babe pcrfo?meD it to bi0 noto ^ajeap, anD tooulD not baue fuffereD bimin bi0 6rG (Enterp?ifeof fo great an ejipettatton, to batJc run tbe leaCt b^f^arD tb?ougb tbeir Defaults. 'Qihiis Parliament ( after fome 3i)jourment ( bp reafon of W S©ajeaic0 unaboiDable occafion^ tnterpoGng ) being aCTembleD on t\)fi (Kigbtcrntb Dap of June, 3iti0 true, tbat bi0 Commons m parliament tafeing into tbeir cue anD feriou0 clConfiDcration tbe manifolD CccaQonjs tobicb at bi0 ara entrp DiD p?cf0 bi0 ^ai^Op, anD \)isf motl impo?tant ^ffairjo tooicb botb at borne anD ab?oaD toere tben in amon, DiD toitb great reafcmef^ anD alacntp, a0 a pleDge of tbeir moa bounDen Dutp anD tbanfefulncf^, anD ae tbe &rS fruits of tbe mod Dutiful affeaioniS of \)ifs lol)ing anD lopal ®ubjett0 DeboteD to bt0 rerbice,p?efentbt0 ^ajeflp toitb tbc fit anD tbeeiful gift of ttoo entire S>ubQDte0: tobtcb tbeir gift, anD mucb mo?c tbe freencf^ anD beartmefjs e;Lp?cCfeD in t\)t gibmg tbereof, bi^^ajenp DiDtbanl^fullp anD lobmglp accept: Xut tobenbe baD mo?e narrotolp entrcD into tbc conGDeration of bi0 great affairg tobercin be toa^ tmbarqucD, anD from tobicb be toulD not toitbour mucb Di0;ono? anD DifaDbantage toitbD?ato bt0 banD, be founD tbat tbi0 fum of monep toa0mucbfto?tof tbat tobicb of neceffitp muflbc p?e= fentlp ejrpcnDcD fo? tbe fettmg fo?toarD of tbofc great 9(tion0, tobicb bj) aobicc of bi0 Council be baD unDcrtabcti, anD toere tbat Summer to be purfucD. 'Ebi0 W ^^ajcap imparteD to bi0 Commons boufe of parliament-, tut befo?e tbc fame coulD receibe tbat Debate anD Due con^ ! ODeration tobicb toa0 et, tbe fearful 23tQtation of tbc ^dlague m anD about tbc €itie0 of London anD Weftminfter, tobcrc tbc £o?D0 aiiD tbe principal Gentlemen of ciualit]) of bi0 tobole JKmgDom toere fo? tbc time of tbt0 tbcir ferbice loDgcD anD abiDmg , DiD fo mucb mcreafe, }\\t bi0 ®a)cnp, toitbout extreme peril to tbclibe0 of f)i$i gcoD@ub' jed:0, tobicb toere Dear unto bim, coulD not continue tbc l^arliament aup longer m tbat place. ^ajeaies great af- fairs, anDtbe^eace ofCb?tOcnDom, tobtcb ougbt to be tbe trueenD of allliJoOilitp, toere tbefe era beginnings, tobicbare moff fubjetf to mifcartp, toell feconDeD anD purfueD, as bis ,^aieffp mtcnDrD, anD as tn tbe juDgment of all men conbcrfant in fictions of tbis nature, toere fit not to babe born neglecteD* €befe Hiilorical CoUeUiom. \ 4'3 B D CDtfe tlJinge being tljuis atteD,anD ($oD of tii0 infinite goot)rtef0 be- ponD cjcpeaation afftnaging tl)c rage of tUc Pcaiicncc, anD in a mannet of a futiDam rcflo^mg DealtU anD fafctp to tf^e <^ixm of London anD Weftminfter, xoOicNrc tUc BttcCt p!ace0fo? t(jt rcfo?t of Ws ^ajeOp, W lo?D0 anD Commons to meet m 0achamf nr •, ^i<& ^ajcOp m tlje i)cptt) of tointer, no fooner DefccicD tbe p^obabilitp of a Cafe acrcmWing of m people, anD ui W p?mcelp ttiifDom anD p?ol)iDentc fo^efaio, tbat if tDcoppo^tumrpof fcafonsQjoulobeomttteD, preparations botb De^ fcnGbe anD offcnfite coulo not be niaDe m futbfo^t ae t»a0 requtOte fo? tbeii common fafetp, but be aDbtfeD anD refolbeD of t\iz fummontng of a ncto parliament, tBberebemigbtfreelp tommuniratetbe neceP Gtie0 of tbe @tatc,anD bp tbc Council anD aDbicc of tbe l^apsi anD Com' mou0 in |&3rliament, tnbo are tbe Eep?cfentatibe boDp of tbe tobole CitngDom, anD tbe great (Council of t\)t Realm, migbt p?ocecD m tbefe entcrprifc0anDbecnablcDtI;ereunto, tubfcb concern tbe common gooD, fafcrp ano bono; botb of prince anD people ■., anD acco^Dinglp tbe O.itb of February lad, a nc to parliament toas begun. 9t tbe Bra meeting \)ifi ^ajeCfp DiD fo?bear to p?ef0 tbem 'Oiixl) anp tbtng tobicb migbt \iSL\)t tbe lead appearance of bi0 oton intereff , but recjmmcnDeb unto tbem tbe care of mahmg of gooD lLato0, tobicb are tbe o?Dinarp %\x\i]i{t fo^ a Parliament* i|i0 v^ajecp beliefaing tbat tbep coulD not babe fuffereD manp Uap0, mucb 1^0 manp toeebs to babe patrcD bp, before tbe app^ebenQon anD care of i\)t common fafetp of tbi0 IRuigDom, anD t\)i true iSleligion p?o- fcffeD anD maintaineD tberein, anD of our JFrienD0 anD gilre^, tobo mun p?ofper, o? fuffer toitb U0, tooulD babe leD tbem to a Due anD a timclp con&Dcration of all tbe mean0 tobtcb migbt bedconDuceto tbofe enD0 5 tobicb tbe lo?D0 of tbe SJigbet'HJoufe, bpa Committee of tbat l^oufeDiDtimelpanDfeafonablpconGDer of, anbinbiteD tbe Common0 to a Conference concerning tbat great buQnef0: 3((t tobtcb Conference tbcre toere openeD unto tbem, tbe great occaCons tobtcb p^effeD \m ^ajeCp^ tobtcb mabmg noimpief0ton toitb x\itm^ bt0 .^ajcQp DiD, 6ra bp peerage, anD after bp lLetter0, put tbe ^oufe of (ai:ommon0 in minDe of tbat tobtcb toas moQ necetravp, t\)t Defence of tbe ikingDom, anD Due anD timelp p?cparation0 for tbe fame* Cbe £omiwon0 5>oufc after tbi)5, upon tbe 27 of March lad, toitb oneunannnou0 tonfent atfirCagreeD to gibe unto bi0 ^aiedp t\i)tt mm 'SubaDtc0, anD tb?ee jrifteen0 fo? a p^efent fuppip unto bitn, anD upon tbe 26 of Apnl after, upon feconD Cogitatton0 x\)t^ alUrD a feurib ©ubQDp, anDo?DereDtbe bape0 of papment fo^tbem/ll, tobere* of tbe 6ro OjouID babe been on tbe lad Dap of tbt0 p?efent June. Upon tWy tbe a\tng of Denmark anD otber ?i>?ince0 anD ^tatec being enga- grD toitb bis ^aitdptntbiis common Caiife, W ^t^ajedp 6tteD W oc^ ca(ion0acco^Dtng to tbe times tobtcb tocre nppotnreD fo? tU parmetrt of tbnfe ©ubODte0 anD (Fiftcen0, anD badcD on tbe ILo^Ds Com^ mittee0, anD bt0 Council at SHar, to perfea tbcir iaeforution0 fo^ i\it o^Dcrtng anD fetling of bi0 Defic(n0, tobicb tbe p acco^Dinglp DiD, anD b^ougbt tbem to tbat maturitp, tbat tbep founD no impeDime nt to a final contluQon of tbeir Councel0, but toant of monp to put tbing0 into aition. ^10 ^ajedp bereupon,tobo baD toitb i^iucb patience ejt- petteD tbe real performance of tbat tobicb tbe Commons baD p^omifeD, finDing tbe time of tbe pear poOing atoap, anD babing intelligence not onelp from 2 Careli. Hijlorical CoUeBions, ¥±^ An 1626. [from ^ijsoton $0miaci-5< anD ©ubjm0 in iFo?rein part^, but from 'all parte of Chriftendom, of tOc great aiD potoecfull preparations of t^e fixing of Spain, anD tftat \)i& DeOgn teas upon tW IRingDom, 0^ tDell^tngDom of Ireland, 0? botti, CanD it is IparD to Determine tutiitti of tUem toGulD be of tuo?a ronfequente) ^t acquamteD tOc ^oufc of Commons tijeretoitl?, anD laiD open unto tbemtrulp anD tlearlp, t)otJ) t\)t date of tOmgs tf;cn aooD, anD pet aanD, anD at federal times, anD upon feberal ocraQons reiterateD tlje fame : Xut tljat i^oufc being abufeD bp tbe biolent anD ill aDUifcD pafsions of a feto ^embers of tbe i)Ottfe, fo? p?ibate anD perfonal enos iltbefeeming pubUcfe per= fons, trutteD bp tbeir Countrp, as tben tbep toere, not onelp neg^ lecteD, but totlfullp cefufeD to bearfecn to all tbe gentle aDmonitions tobtcbbis #aieflp coulD gibetbem, anDneitber DiDno^tuoulDintenD aip tbtng but tbe p?ofecution of one nf tf;c Peers of tbis Eealm, anD tbatm futb a DifD?oereD mnnnerj as being fet at tbetr oxun inliance into a legal txiar, toberem tbe proofs on eitbcr partUinulD babe ruleD tbe caufe, 'tobicb bis ^ajcOp alloineD.tbep t3)cre not tbcrctjjirb content, but in tbetr intemperate pafgions, anD DeQres to feeh fo? €rre?s in' anotber, fell into a greater €rro? tbe mfelbes, anD not oncb ncglecteD to gibe jutt fartsfaaion to Uis ,^aieap m feUeral Cafes txJbicb bappen- eD concerning bis Eegalttp, buttxiboUp fo?got tbeir engagements to bis ^ajeQp fo? tbe publtcfe Defence of tbe Eealm •, tubereupon bis ^ajcQp Uj?ote tbe fo^ementioneD letter to tbe ©peaher, DateD tbe mntbDapof June 1626. jQotttiitbClanDing tobicb letter veabin tbe ll)oufe, being a clear anD gracious v^anifeO of bis ®ajeaies Eefolutions, tbep neber fo mucbas aDmitteD one JSleaDing to tbe 05ill of ©ubfiDies, but inQeaD tbercof tbep p?epareD anD boteD a ELemonarante 0? iDeclaration, tobicb tbep intenDeD to prefer to bis ^aieftp, containing ( tbougb palUateD txiitb glofsing terms) aftuel manp DiUjonorable afperQons uponbijsi ^ajelip, anD upon tbe facrcD memo^p of bis DeceafeD Jfa* tber, as aifo Dilato?p ercufes fo^ tbeir not pjoceeDing twitb tbe©ub fiDies, aDDing tbereto alfo coloureD conDitions crofsing tbcrebp pi& ^<50ajeaics Direaion, tobicb bis ^aieflp unDerCfanDing, anD eOeeming (as be baD caufe) to be a Denial of tbepromtfeD 'Supplp, anD enDmg tbat no aDmonitions coulDmobe, noreafonso? perftua&ons toulD p^e- bail tDben tbe time toas fo far f pent, tbat tbep baD put an impofsibili- tp upon tbemfelbes to perform tbeir p?omifes, tuben tbep eCfeemeD all gracious peerages unto tbem to be but interruptions; l|)is ^ajeOp upon mature aDbifement Difcerning tbat all furtber patience tooulD probe fruitlefs, on tbe efteentb Dap of tbts prefent monetb be batb DiCfolbeD tbis unbappp parliament : Cbe acting uibereof, as ittaasto bis ^aieOp an une]cp?efsible grief, fo tbe memo?p tbereof Dotb renew tbebeartpfo?roU) tobicb all bis^gooD anD Well afifctteD Subjects toiH compafsionate ttittb bim« Cbefe pacrages bis ^ajefip batb at tbe mo?e lengtb anD toi'tb tbe true CircumQances tbereof c]Lp?etreD anD publtOjeD to tbe t«o?lD, lead tbat tobitb biUb been unfortunate mitfelf, tbrougbtbe malice of tbe Sutbo? of fo great a miftbief, anD tbe malebolent report of fucb as areiUatfecteDto tbis^tate, or tbe true Eeligion bere profetreD, or tbe fears or jcalouaesof JFrienDs anD Dutifull Subjeas, migbt be maDe more unfortunate in tbe confequenccs 0! it, tobicb map be of toorfe effect B D HtUorkal CoUeBton/, I ¥^ B D I cffcrt ti)m at tbe firtt tan be tjjcll app^tljcnDeD -, anD hiss ^a'ettp ' htm i^^O p?it)p to tl;c tntcgritj) of i)t& mn beart, fo^ tijc conaant j maintaining of tbe Gnceritp ant) unttp of tDe true Rcligton piofefreD I in tl}t Ct)uic& of England, anD to free tt from tDe open contagion of iBo- perp, anD fetret mfeaion of @cljifm, of lioti) to^icD bp bijspubltcfe ^ct0 anD action0 \)t fjat^ gt J?en gooD teQtmonp, anD luitD a Ongle Oeart, 80 m ttie p?efenre of *i9oD, tot)o can tea julige tgereof, purporctO re= foUitelp j anDcondantlptop^oteeDinttie Dueejcetutton of cither ^ anD obfcrUmg tbe fubttltp of tl;e aDterfe partp,Ue cannot but beltebe tbat tbe banDof Joabbatbbcfnmtbi^Difaaer, tbat tbe common 3incenl3iaiie0 of Chiiflendom baljc fubtiUp anD fccretl? inQnuateD tboCe tbmg^ tobifbunbappilp (anD 80 bi0 #afeOp bopetb, bepcnDtbe intentione of tbe9cto?0) babe caufcD tbefe Dit)erfion0 anD Dtaraction0: SnDret nottoitbflanDmg, \)i^ mofl epceUent ^aicfip, fo? tbe conifo?t of bi0 gooD anDtoeH^affecteD©ubiect0, initui;ofelci)e0beDotb icpofebimfelf toitb con6T)ence, anDeaeemttb tt 80 bi0 grcatca ricbes; fo^ tbe atru^ ring of hi« fnfnD0 anDa«tt0, toitbtobom, \)]p ©oDjj^ af0ioantr, be toiK not b?cafe m the fubCfance of tobat be batb unDerta!?en •, fo^ tbe Difcouragmg of bi0 aDt)erfarte0, anD tbe ^Dbcrfarje0 of bt0 CaiifcanD of bi0 2)ominion0, anD iaeltgton , batb put on tbi0 refolution tobtcb be Dotb berebp publttb to all tbe mo^lD, Cbat 80 (S5oD batb maoe btm Ititng of tbi0 great people, anD large 2:>ominion0, fa- mou0 informer age0botb bplanDanU ©ea, anD truOeD bimtobea JFatberanDp^otetto?botb of tbf ir ^erron0 anD 5Fonune0, anD &De' fenDcr of tbe jfaitb, anD true Religion -, fo be toillgo on cbecrfuHp anD conoantlp in tbe Cefence tbcreof, anD (nctluitbCfanging fo manp Difft^ cultie0anDDifrouragement0) toiUtafee f)i!S ©cepter anD StDo?D into l)i0 banD, anDnoterpofetbe perfon0 of tbe people committeD tobi0 cbarge, to tbe unfatiable DcGre0 cf tbe filing of Spain, txiba batb long tbirncD after an Onibcrfal ^onarrbp, no? tbeir €onffience0 to tl)t pofec of tbe Pope of Rome: ^nDtbat at bsmebe twill uu tbat care to reD|ef0 tht: ji;a grtet)ante0 of bt0 gooD ®ubject03 80 i|;aiil be etjerp toap fit fo?a gocD fitirig. iUnD in tbe mean time bt0 ^ajeOp Dotb publiflj tbt0 toaUbt0 lobmg @ubjett0, tbattbep map fenotjj tobat to tbinfe tuitb trutb, anD fpeafe tottliDutp, of W ^ajeaie0action0 anD p^occeDing0tn tbefe ttoo laft CicrolbeD ^arliament0» Given at his Majeflies Palace at Whitehall this Thirtieth t^ay of June iit the [ccondycAr of his Mafefties Reign of Great-BritaiOj France and Ireland. Moreover the King publiflied a Proclamation, taking notice of a Remonftrance drawn by a Committee of the late Commons Houfe, and by them intended to have been prefented to him, wherein he faid are ma- ny things contained to the didionor of himfelf, and his Royal Father of blefled memory, and whereby through the fides of a Peer of this Realm they wound their Soveraigns honor -, asalfo that fome Members of that Houfe ill-affe6led to his fervice, to vent their own paifions againft that Peer, and to prepoiTefs the world with an ill opinion of him, before his Caufe were heard in a Judicial way, have beforehand fcattered Copies of that 2 Ctroli, The King takes notice of the intend- ed Remon- Orance in a Proclamation. ^i6 Hiftorical CoUeBions. An. 1626. Another Pro- clamation a- gainft preach- ing or d fpH- ting the Ar- minian Con- trovcj-fiej, fro or con. that intended Declaration, thereby to detrad from their Soveraign. Wherefore his Mnjefty for the fupprefling of this infuflferable wrong to himfelf, doth command upon pain of his indignation and high dif- pleafure, all perfons of whatfoever quality, who have, or (lull have hereafter any Copies or Notes of the faidRemonftrance, or (hall come to the view thereof, forthwith to burn the fame, that the memory there- of may be utterly aboliihed, and may never give occafion to his Majefty 1 to renew the remembrance of that, which out of his grace and goodnefs he would gladly forget. In another Proclamation the King declaring his Religious care of the Peace of this Church and Commonwealth of EngUnd., and other his Dominions, and taking notice that in all ages great difturbances both to Church and State,have enfued out of fmall beginnings, when the feeds of contention were not timely prevented •, and finding that of late fome Queftions and Opinions feem to have been broached in matters of Dodrine and Tenents of our Religion, at firft onely intended againft Papifts, have afterwards by the Iharp and indifcreet handling of fome of either party, given much offence to the fober and well grounded Rea.Iers, and raifed fome hopes in the Roman Catholicks, that by degrees the Profeffors of our Religion may be drawn firft to Schifm, and afterwards to plain Popery. His Majefty in the integrity of his own heart, and fingular providence for the peaceable Government of that people, which God hath committed to his charge, hath thought fit, by the advice of his reverend Bifliops, to declare and publifli, not onely to his own people^ but alfo to the whole world, his utter diflikeof all thofe, who to Oievv the fubtilty of their Wits, or to pleafe their own humors, or vent their own paftions, ftiall adventure to ftart any new opinions, not onely contrary to, but differing from the found and Orthodox grounds, of true Religi- gion, eftabliilied in the Church oi England t, and alfo to declare his full and conftant refolution, that neither in Doctrine nor Difcipline of the Church, nor in the Government of the State, he will admit of the leaft innovation, but by Gods affiftance will fo guide the Scepter of thefe Kingdoms, as fliall be moft for the comfort and aftarance of his fo- ber, religious and well-affedted Subjects , and for the repreffing and fevere puniQiing of the infolencies of fuch, as out of any (inifter refpeds, or difaffedion to his Majefties Perfon or Government, (lull dare either in Church or State, to difturbe the Peace thereof 5 wherefore he doth ftraitly charge and command all his Subjeds of his Realms of England and Ireland., of what degree foever, efpecially thofe. ■iyho are Church-men, from hence- forth to carry ihemfelves To wifely, warily and confcionably, that neither by Writing, Preaching, Printing, Conferences, or otherwife they raife, publiih or maintain any other Opinions concerning Religion, then fuch as are clear!'/ warranted by theDodrine, and Difcipline of the Church o( England, efiibliflied by Authority. And enjoyneth his reverend Archbilhops and Bilhops in their feveral Dioceifis fpeedily to reclaim and reprefs all fuch fpirits, as (hall in the leaft degree attempt to violate this bond of Peace-, And alltheMinifters ofjufticewere required to execute his Ma jefties pious, i and royal pleafure herein expreffed ; and if any (hall take the bold- I nefs to negled this gracious Admonition , his Majefty will proceed j againft fuch offenders with that feverity, as their contempt (hall defcrve, that by their exemplary puni(hment others may be warned, and that thofe that be ftudious of the peace and profperity of this Chilrch, and ' Cora- Ht^oncal ColleBions. 47 Commonwealth, may blefs God for his Majefties pious, rehgious, wife, juft and gracious Government. The effedls of this Proclamation how equally foever intended, be- came the flopping of the Puritans Mouths^ and an uncontrouled Liberty to the Tongues and Pens of the Arminian party. Shortly after an Information was preferred by the Kings fpecial com- mand in the Star-Chamber, againft the Duke of Buckingham, for hi«>h Offences and Mifdemeanors 5 wherein he was charged (among ft other things) with the particulars mentioned in the laft Article exhibited againft him, by the Houfeof Comraons, concerning the Plaifter applied to King ^ames. To which, the Duke put in his Anfwer,and divers Witneffes were examined. But the caufe came not to a judicial hearing in the Court, as it is afterwards exprefted. And now the King taking into confideration the prefent ftreights B and inconveniencies, into which tlic Revenue of the Crown was fain 5 and the prefTuig necelTity of his Affairs, did by the advice and inft.mce of his Council, -refolve and declare, That all men of what quality and condition foever, fhall from henceforth upon pain of his difpleafure, for- bear for two years fpace to prefent or folicite any Suit for any thing pro- hibited in the Book of Eourit) , publifhed in King ^ames his time, or any other things that (hill import the Diminution of his Majefties Re- venue. And for the advancement of the faid Revenue arifing by Cuftoms, Subfidies, and Imports upon all Goods and Merchandizes exported and and imported. , The Privy Council declared. That it hath been conftantly continued for many ages,and is a principal and moft neceffary part of the Revenue of the Crown,and that in the two laft Parliaments it hath been thought upon, but could not be fetled by their Authority by reafon of their dilFolution, before the matters therein treated could be brought to perfection : Ne- D verthelefs, that it was then intended to have been confirmed by Par- liament, as it hath been from time to time by many Defcents and Ages. Whereupon they Ordered, That all fuch Duties and Merchandizes fli-ill be levied and paid : And tliey advifed the King , That the Attorney General prepare for his Majefties Signature, an Inftiument which may pafs under the Great Seal of Englartd, to declare his pleafure therein, un- til by Parliament, as in former times, it may receive an abfolute fettle- ment : Which paffed the Great Seal accordingly. The Forfeitures arifing to the Crown by the execution of the Laws againft Priefts, Jefuites, and Popifli Recufants, were dedicated to the vaft and growing charge of the Defigns in hand. And Complaint be- ing made againft Inferior Officers, whofefervice was herein employed, that they had mifdemeaned themfelves, to the opprefling of Recufants, without advantage to the King. CommifTioners of honorable Quality were appointed for the regulating of thefe proceedings, yet no Liberty given to the encouragement or countenance of fuch dangerous perfons, as might infedt the People , or trouble the Peace of Church and State. The King therefore Grants a CommilTion under the Great Seal, di- rcded to the moft Reverend Father in God, Tohj, Archbilhop of Tork, Sir J'ohrt Savile Knight, Sir George Manners , Sir Henry Slingshy , Sir H h h miliam 2 Caroli. The King Commands an Infoimarion to be prefer- red againft the Duke in Star-Chamber. The King for- bids to foli- cite any Suit prohibited in the Book of Bounty. The Council order all Cu- ftoms to be paid. And Forfei- tures ai ifing from Recu- fants. A Commidion to compound with Recu- fants. 4-18 Hijlorical CoUeBions, An, \6%6. A Proclamati- on to make theKingsRc- venue certain. I William Ellis Knights, and to divers other Knights and Gentlemen, and therein recites, Ti^atiji0^a)fQpl3atlJ recfibet) tuhiW 3[nfo?mation of ttic great lofjs aiiD Damages toDirD tDe I^ing^ Subjects hbtng in S^antime 'Cotons, cfpctiaUp in tbei]3o?rDtrn parts, Do fuffcr tp Dcp^eDattons, attempts, anD atraults at 'Sea from IFo?cign €ncmte0,l»l)crtl)j» CraDc from tljofe parts arc interruptcl) , anDtbeCttp of London mutOen-- DamagcD fo? to)ant of Coals anD otljcr CommoDities, ufiiallp tranO po?tcDtbitljcr from Nevvcaftlc upon Tine: jfo? rcD^cfs of tobicDcbil, bis ^^ajeap Dott) tljm& fit to appropriate anD concert all fucb SDcbts, fumsof ^onep, !S.tnts, penalties, anD forfeitures of allKccufants in'oaDittng in t6e Counties of York, Durham, Northumberland, Cum- berland, WcftmorlandjLancafter, Nottingham, Derby, Stafford, anD ehefter, \sA}ii\> at an? time bauegroton Due Qncc tUeCentUpear of Ifting James, anD are not pet fatisfieD, or totiict) bcteafterfifjallgrotD Due Dp reafon of anp law or Statute agama Eccufants, to Ic cmplop- eD fort PC maintenance, probiQon, arming, manning, t)tauaUing, anD furntQ)ing of %ix able Sbips of QSiHar for guarDing anD DcfcnDmg tbe Coaaof tbisiS-calm, fromtbe furtbett North-Eaft point of tf;e Sea, untotbcmoutbof tbeEiberof Thames. |}is ^ajeflp furtber eirprel'S' mg in tbefaiDdommifwion, ^bat bis ^ubierts tobo arc otoncrs of Coalpits, tbe Oaft-menof Ncwcaftle upon Tine, SDtonerS of SbipS, anU ^ercbants, Xupcrs anD Sellers of Newcaftle £oals,babebfm anD are tuillmg to contribute anD pap f or eberp CbalDron fortbeufcs aforefaiD. oabcreforc bis ^ajeap upon tbe ronaDcrations before mentioneD, Dotb bp bts faiD Commifsion gibe poluer unto t\}z faiD Commtfsioncrs, or anp four or more of tbcm to treat anD mal^eCom' pootton anD aigrtiment iBitb tbe faiD ISlecufants, mbabittng toitbm tbe fai'D Counties, for TLeafes of all tbeir Manors, lanDs, Cenemenrr, gCf toitbin tbofe Counties for anp term of pears, not cjctttDing ©nc anD fortp pears-, anD for all forfeitures DueQnce tbe Centb pear of Kmg James for tbcir Eecufancp,tn not going toCburcb to bear tDibine Scrbice, accorDmg to tbe 3La\»s anD Statutes of tbis i'iealm, unDer (ucb ConDitton anD 3fmmiimties, as tbepor anp four of tbcm ©all fee meet anD ronbenient, atcorDing to fucb 3lnGrumon0 as W v^ajeOp batb or (iJall gibe for tbatpurpofe? bis ^aieOp rather defiring their Converfion then Deftruftion. 3InD fucb iLeafcs \)it^ ^aje^p Dot'b De- clare, maDctotbcfaiDEecufants tbemfelbes, or to anp perfonsfor tbeir ufe, 0[jall be gooD anD effectual, anp Lat» or Statute to tbe ton- trarp nottuitbSanOmg^ And by the faid Commiffion Sir ^ehn Savile-wzs appointed Receiver of all fuch lums ot" Money as (hall be paid upon thefe Leafes ; and Mr. Alexander Davifon ot the Town of Nemaiile apon Ttne^ Merchant Ad- venturer, was appointed to receive out of the voluntary and free-wil Con- tribution of the Owners, Buyers, and Sellers of Coals, the Six pence -^er Chaldron of Coals. In purfuance of this CoramilTion, the Recufants did make their Compofition upon very eafie terms , as was afterwards complained of in Parliament. A Proclamation was publifhed, declaring the Kings Refolution to make his Revenue certain , by granting his Lands, as well holden by Copy, as otherwife, to be holden in Fee-farm. To Hi^orical CoUeBions. B D To the Nobles, the King fent particularly to let them know, That according to the Prefidents of former times , wherein the Kings and Queens of EfigLwd, upon fuch extraordinary occafions, have had recourfe to ihofe Contributions which arofe from theSubjeds in general, or to the private helps of fome that were well affeded •, he doth now expedl from them fuch a large and chearful teftimony ©f their Loyalty, as may be acceptable to himfelf, and exemplary to his people. * His Majefty demanded of the City of London the Loan of an Hun- dred thoufand pounds. But the peoples excufes were reprefented to the Council Table by the Magiftrates ot the City : Immediately the Council fent a very ftri(^ command to the Lord Major and Aldermen, wherein they fet forth the Enemies ftrong preparations as ready for an Invafion, and the Kings great necelTities, together with his gratious and moderate Propofals in the fum required, and the frivolous pretences upon which they excufe themfelves : Wherefore they require them, all excufes being fet apart, to enter into the bufinefs agam, and to manage the fame, as appertainoth to Magiftrates fo highly intrufted, and in a time of fach neceflities, and to return to his Majefty a diredt and fpeedy Anfwer, that he may know how far ke may relie upon their Faith and Duty ; or in default thereof, may framehis Counfels as appertaineth to a King in fuch extream and important occafions. Moreover, a peculiar charge was laid upon the feveral Ports and Ma- ritime Counties to furnilh and fet out Ships for the prefent fervice. The Privy Council exprefting his Majefties care and providence to guard his own Coifts,againft attempts from Spain oi Flanders, by arming as well the Ships of his Subjedls, as of his own Navy, made a diftribution to every Port , that with the AiTiftance and Contribution of the Counties adjoyning, they prepare fo many Ships as were appointed to them feve- rally -, and in particular the City of Lendm was appointed to fet forth Twenty of the beft Ships that lay in the River , with all manner of Tackle, Sea-ftores, and Ammunition, Manned and Victualled for Three Moneths. The Deputy Lieutenants , and Juftices of the Peace of Dorfet , having received the Kings Commandment for the fetting forth of Ships from the Ports of Pool, Weymouth, and Lime, with the aftlftance of Con- tribution from the Counties adjoyning, prefented to the Council Table an excufe in the behalf both of the Ports and County , and pleaded, That the Cafe was without Prefident. The Council gave them a check, for that inftead of Conformity they difputed the Cafe, letting them know, That State occafions, and the de- fence of the Kingdom in times of extraordinary danger, were not to be guided by ordinary Prefidents. In like manner the Lord Major and Commonalty of London peti- tioned the Council for an Abatement of the Twenty Ships rated upon them, unto Ten Ships and two Pinnaces, alleadging difability •, where- unto the Council gave this following Anfwer, That the former Com* mandmentwas neceftary, the prefervation of the State requiring it ; and that the charge impofed on them was moderate, as not exceeding the value of many of their private eftates : That Petitions and Pleadings to this Command, tend to the danger and prejudice of the Commonwealth, and are not to be received : That as the Commandment was given to all in general, andeveryparticular of theCity -, fo the State will require an accompt both of the City in general, and of every particular. Hhh 2 And V9 2 Caroli, The King Tends to the Nobles to lend him libe- rally. He demands of the City, the Loan of One hundred thoufand pounds. The Port Towns are to furnilh Ships. The Ports of Dorfetfliire (end an ex^ cufe. The City of London cfcfire an Abatement of their Ships. Arc checkt by the Council. 4-10 Hijlorical CoJleBions, Alt. 1626. Privy Seals iffiied out. A Fafl obfcr- ved. Cemmiffions to Deputy Lieutenants to Mufttr, Try, anrf Array men. Inhabitants withdrawn from Ports and Sea Towns, rtqui red to return. Ships fcnt to the River of Elbe. And whereas th^y mention Prefidents, they might know, that the \ Prefidents of former times, were Obedience, not Diredion •, and that Prefidents were not wanting for the puniiliment of thofe that difobey his Majefties Commands , fignified by that Board, which they hope (liall have no occafion to let them more particularly underftand. Hereupon the Citizens were glad to fubmit, and declared their con- fent to the Kings Demands , and by Petition to the Council had .the favor to nominate all the Officers of thofe Twenty Ships, the Captains onely excepted, the nomination of whom appertained to the Lord High Admiral of England. Then there were likewife iffued forth Privy Seals to feveral perfons, to others the way of Benevolence was propofed. And becaufe the late Parliament refolved to have given the King Four Subfidies and Three Fifteens , the fums which the King required, were according to that proportion. And to prevent mifunderftandingSjit was declared unto the Countrey, That the Supplies now demanded were not the Subfidies and Fifteens intended to be given by the I^rliament, hut mcerly a free gift from the Subjedl to the Soveraign, upon fuch weigh- ty and prefTmg occafions of State. The Juflices of Peace in the feveral Counties were directed by the Privy Council to fend for perfons able to give , and to deal with them flngly, by ufing the moff prevailing perfwafions. Amidft thefe Preparations, the Kingdom being expofed to dangers, both Forein and Domeffick ^ a general Faft was obferved on the Filth of 5?«/y, in the Cities of iWfrMW for a greater or lefTer fum. Thirdly, To ufe all poffible endeavors to caufe every man willingly and chearfully to lend, opening unto them the neceflity and unavoidable- nefs of this courfe, the Honor and Reputarton of the Nation, the true Religion,, and common fafety of Prince and People, of our Friends and Allies engaged in the common Caufe; that there is no tinje now of dif- puting , but of ading. Fourthly , That they appoint the days of payment to be within Fourteen days , and perfwade fuch as fhali be able , to pay it at one entire payment , the better to accommodate his Majefties occafion, otherwife to accept of the one half at Fourteen days, and the other to B D Hiflorical CoUeUions, B D to be paid before the Twentieth of Becemher , now next coinin?. Fifthly, That they Treat apart with every one of thofe that are to lend, and not in the prefence or hearing of any other, unlefs they fee caufe to the contrary. And if any fliall refufe to lend, and lliall make de- layes, orexcufes, and perlifl: in their obftinacy, That they examine fuch perfons upon Oath, whether they have been dealt withal to deny , or refufe to lend, or to make an excufe for not lending 1 Who hath dealt fo with him, and what fpeeches or perfwafions he or they have ufed to him, tending to thatpurpofe c" And that they fliall alfo charge every fuch perfon in his Majefties name, upon his Allegiance, not to difclofe to any other what his Anfwer was. Sixthly, That they fhew their difcretion and affedlions by making choice of fuch to begin with, who are likely to give the beft examples ; and when they have a competent number of hands to the Roll or Lift of the Leaders, that they lliew the fame to others to lead them in like mannc, SevAthly, That they endeavor to difcover, whether any publick- ly, or underhand, be workers or perfwaders of others to diffent from, ordiflikcof thiscourfe, or hinder the good difpofition of others. And that, as much as they may, they hinder all difcourfe about it, and cer- tifie to the Privy Council in writing the nam&s, qualities, and dwelling places of all fuch refradlory perfons with all fpeed, and efpecially if they fliall difcover any Combination or Confederacy againft thefe proceed- ings. Eightly, That they let all men know whom it may concern, that his Majefty is well pleafed upon lending thefe fums required, to remit all that which by Letters in his name was defired upon the late Benevolence for free Grant 5 and what ever hath been already paid upon that account, fliall be accepted for part of this Loan •, and if it exceed the fum de- fired, that the overplus fliall be repaid without Fee or Charge-, fo like- wife for Privy Seals, if any ' have been already paid : But if not, that the agreeing of the Loan of the fum required, be cxcufed of the payment of the Privy Seal. Ninethly, That they admit of no Suit to be made, or Reafons to be given for the abating of any fum, the time and inftant occafion not- admitting any fuch difpute, which would but difturbe and protratfl the Sheriff. Laftly, The Commifltoners were required and commanded upon their Faith and Allegiance to his Majefty, to keep fecret to themfelves, and not to impart or difclofe thefe Inftrudions to others. To the Impofition of Loan, was added. The burthen of Billeting of Soldiers formerly returned from Cadiz, , and the Moneys to difcharge their Quarters were for the prefent levied upon the Countrey, to be re- paid out of fums colleded upon the general Loan. The Companies were fcattered here and there in the Bowels of the Kingdom , and governed by Martial Law : The King gave Commiflions to the Lords Lieutenants and their Deputies, in cafe of Felonies, Rob- beries, Murders, Outrages, or Mifdemeanors, committed by Mariners, Soldiers, or other diforderly perfons joyning with them , to proceed ac- cording to certain Inftrudions, to the Tryal, Judgment, and Execution of fuch Offenders, as in time of War -, and fomewere executed by thofe Commiffions. NeVerthelefs, +23 2 Caroli- Billeting of Soldiers. Coirmiffions for Martial Law. jft. 1626, Htjlorkal ColleBions. The Lords to advance the Lo^n. Sir Randolph Crew removed from his place for not fur- thering the Loan. Informations fent to rhe Council TaWe againft the Bi- fhop of Lin- ctln. >3cverthelcfs, the Soldiers brake out into great diforders 5 they maftered the people, difturbed the peace of Families, and the Civil Go- vernment of the Land -, there were frequent Robberies , Burglaries , Rapes, Rapines, Murtkers, and Barbarous Cruelties : Unto fome places they, were fent for a punifhment ^ and where ever they came, there was a general outcry. The High-ways were dangerous, and the Markets unfrequented -, they were a terror to all, and an undoing to many. Divers Lords of the Council were appointed to repair into their feveralCoun treys, for the advancement of the Loan, and were ordered to carry a Lift of the names, as well of the Nobility and Privy Coun- fellors, as of the Judges, and Serjeants at Law, that had fabfcnbed to lend, or fent in money for the Pablick fervice, to be aPatern and lead- ing Example to the whole Nation, But Sir Randolph Crew (hewing no zeal for the advancing thereof, was then removed from his place of Lord Chief Juftice, and Siv Nicholas Hide Cncceeded in his room: A peribn, who for his parts and abilities, was thought worthy of that preferment, yet neverthelefs came to the fame with a prejudice, coming if^the place of one fo well beloved, and fo fuddenly removed-, but more efpecially by reafon the Duke appeared in his advancement, to exprefs a grateful . Acknowledgment to that Knight , for the care and pains he took in drawing the Dukes Anfwer to the Impeachment in Parliament againft hira. This bufinefs of the Loan occafioned a Complaint to the Lords of ihe Council , againft the Biihop of Ltncoln , for publickly fpeaking words concerning it , which was conceived to be againft the King and The Bifhop refiifes to pro- ceed Ex Officio againfl the Puritant. * Meaning the Petition a- gainilRecu- fants at Ox- ford. Government Whereupon Sir ^ohn Lamb, and Dr. Sihhorpe, informed the Coun- cil to this purpofe, That many were grieved to fee 'he Biihop of Lincoln give place to unconformable Minifters, when he turned his back to thofe that were conformable- and how the P«r/r4»/ , for his part he expe(fled not another Biihopiick •, they might complain of them, if they would, to the Council Table- for he was under a Cloud already, and he had the Duke of Buckingham for his Enemy-, and he would not draw the Puritans upon him, for he was fure they would carry all things at laft: Befides, he faid, the King in the Firft year of his Reign , had given Anfwer to a Petition of the Lower Houfe, in favor of the Puritans *. It appeared alfo by the InforrHation of others who were prefent at the Conlerence at Bugden , That Sir ^ohn Lamb, and Dr. Stbthorpe, did notwithftanding the Biftiops averfnefs, again prefs the Biftiop to proceed asminft HiHoricai ColleBions. d.^2.\n^ the Puritans in Leicestcrfhire -^ theBifhop then asked them what manner of people they \vere,and of wharcondition < For his part he knew of none. To which Six ^ohn Lamb xt'f\\td. (Dr. ^/^^W/'frbeingprefent) That they feem to the World tobefuch as would not Swear, Whore, nor Drink, but yet would Lie, Cozen, and Deceive: That they would iVequentlyhear two Sermons a day, and repeat theCmie again too ^ and afterwards pray, and fometimes faft all day long. Then the BiOvip asked, vvliether thofe places where thofe Puritans were, did lend money freely upon the Colledion of the Loan C To which Sir J'-ohn Lamb and Dr. Sibthorpe replied, That tiiey did generally refolve to lend freely : Then faid the Biihop, no man ot difciction can fay, That that place is a place of Puritans .• For my p:u t (faid the Billiop) I am not fatisfied to give way to proceedings againft them. At which Dr. StUhor^e was nauch dilcontenced, and faid. He was troubled to fee that the Church was no better regarded. B Thefe Informations being tranfmitted to the Council Table, were ordered to be fealed up and committed to the Cuftody of Mr. Trumbal, one of the Clerks of the Council ; neverthelefs, the Birtiop of Lincoln uled fuch means as he got a Copy of them. For which, and fome other matters, an Information was afterwards preferred againft him in the Star-chamber. Of which more at large, when wecomeinour next Volume to treat of the great and high proceedings of that Court. Bilhop Laud, not long before this PaflTage with the Bifliop of Lincoln, was informed, That the Bifliop of Lincoln endeavored to be reconciled to the Duke ; and that night that he was fo informed, he dreamed, That the Bi/ljop of Lincoln came with Iron Chains, hut returned freed f-om them : That he leafed uj>on a Horje, departed, and he could not overtake him. The Interpretation of this D^eammay (not unfitly) be thus applied. His chains might fignifie the impriibnment of the Bifliop of Lincoln D aftei"wards inthe T<»ivfr-, his returning free , to his being fet at Liberty again at the meeting of the Parliament ^ his leaping on Horf-back, and departing • to his going into Wales, and there commanding a Troop in the Parliaments Service •, and that Bifliop Laud could not overtake him, might portend that hirafelf fliould become a Prifoner in the fame place, and be rendred thereby incapable to follow , much lefs to overtake him. At this time the King had Six thoufand Foot Soldiers in the Service o^ the United Provinces, under the Command of Sir C/W^ iv/(j/-^_ A Hifiorical CoUeUiom. I 4-^P Army, contrary to promifc, with whom the French fhouldhavejoyned forces, {at the relief of the Palatinate and the German Princes •, which failer of performance in them , proved the ruine of that Army , the greateft part whereof perilhed, and was by confequence the lofs of the whole Proteftanc Piiry in Germanj. His Maj^fty further declared , That having by his Mediation prevail- ed for a Peace between the French King and his Proteftant Subje(5ls> and engaged his word. That the Proteftants fliould obferve the Articlesof 3 Car oli. Agreement tides, Neverthelefs, the King of France contrary do the faid Ar- ! blocked up their Towns, Garifons, and Forts, and had com- mitted many fpoils upon them, when they had done nothing in vio- lation of the Edid of Peace. And that the King of France had com- mitted an example of great injuftice in full Peace, to kik upon One hun- dred and twenty Englifh Ships, with all their Merchand'ife and Artillery 5 for which Reafons, the King was refolved to fend a powerful Army and B I Navy to require fatisfadion. I The Duke oi Backingham was made Admiral of this Fleet, and 1 Commander in chief of the Land forces, and had a Commiffion to that I purpofe, wherein it is exprefTed, I That his Majefty hath taken into his Princely confideration, the [ diftrefled eftate of his dear Brother-in-law, and onely Sifter, the Prince i and Princefs Eledor falat'tnct and their Children , and finding himfelf ! in Nature and Honor nearly bound unto them ; At their requeft, and C for their juft Relief, in recovering their rightful Patrimony taken from them, by the Advice of his Privy Council, did the laft year, prepare and fet oat to Sea, a Royal Fleet for Sea-fervice ^ for performance of fuch fer- vices, as on his Brother-in-laws and Sifters behalf, his Majefty had defign- cd. And for the doing of thofe defigns, and for the honor and fafety of his people, his Majefty hath now prepared a new Fleet, which he intends with j all convenient expedition to fet out, to be empleyed as well by way of Of- j fence as of Defence, as (hall be moft behoveful for his faid Brother-in-Law D his fervice ^ and therefore doth by the faid Commiftlon appoint the Duke { of Buckingham to be Admiral, Captain- General, and Governor of his faid Royal Fleet, with fuch Soldiers and Land-forces as Hiall be conveyed I therein , for the accomplifliment of fuch execution and employment as } they Hull be defigned unto, according to fuch private Inftrudions as his Majefty Hiall give unto the faid Duke. His Majefty by the faid Com- miffion giving to the Duke power to lead and conduct the faid Navy and Army, and vvith them to fight againft his faid Brother-in-law, and Sifters enemies, or the enemies of the Crown oi England-, and to ad- vance to the Order of Knighthood, fuch perfons employed in the Fleet, Forces, and Supplies, as by their Valor, Defert, and good Service in this Expedition Ihall bethought fit in his the faid Dukes difcretionto merit tlie fame, and as to the Office of Captain-General doth apper- tain. On the Seven and twentieth of ^nne the Duke fet fail from Portf- mouth, (in Older to the Relief of the P4/4/;« feateD eijcn tbeit ottip. ficr actjs anD gift0 migbt tutn tbem to a ISouDage anD tbeit i^cit^. ©Ubctef o?e it Xoa& DcfiteD, anD gtanteD, Thatfornobufinefs fuch manner of Aids, Taxes, nor Prizes, (liould be taken, but by common affent of the Realm, and for the common pro- fit thereof. €:be lifee toa^ m fo^e bp tbe fame filing, anD bp itoo otbet labo^ again (lEnacteD, That no Tallage or Aid Hiould be taken or levied, without the good will and aflent of the Archbifliops, Birtiops, Earls, Barons, Knights, Bur- gefires,and other Freeman of the Land. ^\\i) tbat ^?uDent anD ^agnanimouis ^?inte, Edward tbe CbitO* IrDbp tbe fame COiHifDom,bal)ing gtanteD, That the greateft gift given in Parliament for the Aid and fpeed of his matchlefs undertaking againft France^ fliould not be had in Example, nor F.dl to the prejudice of the Subjeft in time to come ; did likewife adde in Confirmation of that Right, That they lliould not from thenceforth be grieved to fuftain any Charge or Aid, but by the Common AiTent, and thit in Parliament. 2[IiiD mo^e patticulatlp upon tbiis point, upon a Petition of tbe €onv mon£ aftcvtnatD0 in parliament, it Uias eaabliOxD, K k k That 3 Caroli, Sir John El- liots Petition to the King concerning the Loan. 43+ Hijiorical ColieBions, An i6zj. That: the Loans which are granted to the King by divers perfens, * be relcafed, and that none from henceforth be compelled to make fuch Loans againft their Wills, becaufc it is againft Reafon and the Franchifes of the Land, and Reftitution be made to fuch as made fuch Loans. 9nD bp another 3tt upon a neto ocr aoon, in tt)e time of Richard ttje CtJii'D, tt i»a0 02DaincD, That the Subjeft in no wife be charged with any fuch Charge, Ex- adion, or Impofition, called a Benevolence, nor fuch like Charge-, and that fuch like Exaftions be damned and annulled for ever. ©ucl) tocre t\)t ©pinion0 of tljefc rimei?, fo? aU ttjefc 3(liD0,'Bene-- bolencej?, :ioanj?, anDfuctjUbe^^argcsl epattcD from tlje ®ubjett not tn parliament, tntjttO thtp t)clD to fee (SrietanceiS tontratp to ttjctr li^ bertic^, anD tUcgal •, anD f o pioim Djcre ttjcic ^jtnccg m Con&rnia- tion of ttieir libertieiet , acs tiabrng fecureD tljem fo? tl;c p^eftnt bp fucb frequent ILat»0 anD@tatute0, tbepDiD Itfeetoife bp tbem p?ot)iDe f 0? tbeir ^ofleritp 5 anD in fome fo flrtalp, tbat tbep boimD tbe ®bfer^ bation toub a Curfe, a& in tbat of 33 E^w. i. 3BnD alfo unDer pain of Crcommimicatton ■-, n& bp tbe otber of tt)t JFtbe anD ttoentietb of tbe famellitng, tDbtcbtoa^ to be DenounceD agatna all tbofe tbat Violate 0? b?cafe tbe m -, tobicb ^a ejrtenDsf to uss. 3inD tbefe JSLeaConjs be p?efent33 to pour ^ajeOp a0 tbe 6rC ^otibe tafecn from tbe ILatti. Cbere are otberje; alfo, tobicb in bi)K bumble app?ebenQon be ton- ccibfu from tbe Action tt felf, 'osH)itl> be lifeetjjife tenDergt to pour moa CjcccUentGHifDom. Firft, Cbat tbe Carriage anD 3fnffruttionja! accompanieD toJtbtbe 9utbo?irpof tbe^reatSeal, impo?teD a ConQraint, futbiS-equeffjesto ©ubjea0 being tacite anD implieD Commands , anD fo p?et)f nring tbat reaDtncfje: anD lobe lobicb m a free toap tooulD babe farertetDeD tbofe 2)emanD0, tDberea0 tbe toonteD 9iD0 gibentopourbappp^n^ te3o?0bJereExfpontanea voluntate, &charitatepopuli, tobcrebptbep maDetbatConjunttion of tbetr ^eart0 atbome, tupicb tn^ougbi fucb potejcr anD reputation to tbeir aa^ab^oaD. {KLIberea0 tbe ermea Obligation of tbat reaDinefjef anD lobe, \& tbe benignitpof 0?infe0, gibing anD p^eferbing to tbetr iSieople, jutt anD Detent JLtbcrtie0,b3b!tb to tbtsC^ingDom are DeribeD from tbe dlemenrp anDGUifoomof pour ip?ogenito^0, totobjm tbere i0otiaingaSarreD ^emo?pfo?tbem: ^ecoulDnota0befeareD, toitboutp^erruretotbefe inimunitie05 become an aao^ in tbi0 1.oan, bjbicb bp tmp?tfonment anD refiramt, b?a0 urgeD, r ontrarp to tbe <©rant0 of tbe nting It a:i 3ct ccntrabiatng fo manp of pour lat»;s , anD moC of ;f;cmDC'p?uDentani)!;appieaof our ^^tnces g^anre^ 'm\)iti "itjifOout pe'cruir.piion bcponD parDon in pour Suppliant, m . „ u timifelf to? Difpcnfation of tOoCc Latos, fo piouUp ^natteD, ;f Oini be t)f olateD d^ inipeaclJcD* In (^?c fuincC0 of all Subrn iC^Jon anD ©bcOiencc, ^0 t\)t gpoloap r- h? '^r-iv.v,. ..>.T)^(p^ t>c latol? flfTerg to pDurmoS SarreD CHif' - :v;ic:i of pDur @ajCi!p, mo3 Dumliip p^ipmg pour i nz gcufiouap pleafeo ta tafeetUem into pourp^mcelp „ tJ3t)erctoljen it G'a!! appear (a^&e Doubts not, but from .^.a to pourDfrpjutigmem) tbat no famous bumo^, no?DtD xn leD on bp Qubbo^nnef^ anD Xoill, batb Pcrein ffirreD 0? moi)eD , butcDe jua ©Liisation of bi0 Confcience, tuWcb binUsbimto .U' i-.-rb'-:.^ nf pour ^afcap, tn tbe oblerl5ancc of pour luV;s ; jjc 10 yopva-i (?3reCummsupontDepetpan"o3fu3ii:cof pour®a;CSp) t?jat pour ..fi9("f ip accoiuuig; to pour innate €icmcnrp an'o 6cctincf0, Ml be ji'eaieD to bcaotJ? biin to pour IFabo^ anD \)i4itJJer0 ana i!uri(Di(tton» , ta be ererctfeD m tge . - - ■4 . .-»>M Hifiorical CoUeBions. An 1627. 2?ifcipline of tl;c nt unto pou tbe faiD George , "Biflfjop of London 5 Richard, "BiajOp of Durham •, John,'Btfl[)Op of Rochefter 5 John, OSlCfjop of Oxford 5 anD William, Xlfpop Of Bathe anD Wells, 0^ to anp four, tb^fT, 0^ ttUO of pou, m all tbmgis acco^Ding to tbe -^eno^of tbijs Our Ccimmtfsion, 80 tbep CfioulD 0? Dugbt to babe barn totbefaiD^rcbbiOjopbimfelf, if tbt0€;ommif0ion baDnotba-nbaDo? maDe* 3fn b)itncf0 tubereof, COe babe caufeD tbefe iDur letter0 to be maDe ^atcnt0, toitnef0 Our ©elf at Weftmmfter, tbe jQihetb Dap of oo£ior. This man is Vicar of Brackley in Northamftonjhire, and hath another Benefice not far from it 'xnBuckinghamlhhe. But the luflre ot his Honor did arife from being the Son-in-law of Sir ^ohn Lamb, Chancellor of Peterborough, whofe Daughter he married, and was put into the Commif- fionof Peace. When the Lent Affizes were in February laft at Northampton, the man that Preached before the Judges there, was this worthy Dodor ; where magnifying the Authority of Kings, (which is fo flronginthe Scripture, that it needs no flattery any ways to extol it) he let fall di- vers Speeches which werediftafleful to the Auditors ; and namely. That they had power to put Poll-Money upon their Subje(fls heads , when againll thofe challenges, men did frequently mourn. He being a man of a low Fortune, conceived that the putting his Sermon in Print , might gain favor at Court , and raifc I'.is Fortune higher, on he goeth with the Tranfcribing of his Sermon, and got a Bifliop or two to prefer this great Service to the Duke •, and it being brought unto the Duke, itcomech in iiis head, or was fuggefted unto him by fome malicious body, that thereby the Archbifliop might be put to fome remarkable ftrait : For if the King fiiould fend the Ser- mon unto Jiim, and command him to allow it tothePrefs, one of tliefe two things would follow. That either he fhould Authorize it, and (o all men that were indifferent, fliould difcover him for a bafc and unwor- thy Beaft ^ or he Ihould refufe it, and fo fliould fall into the Kings in- dignation, who might purfue it at his pleafure, as againfl a man that was contrary to his lervice. Out Hijlorical CoUeBions, W B D Out of this Fountain flowed all the Water that afterwards fowet; In rehearfing whereof, I muft fet down divers particulars, which fome man may wonder how they (Iwuld be difcovered unto me. But let it faf- fice once for all, that in the word of an honeft man, and ofaBilhop, I recount nothing, but whereof I have good warrant, God himfelf working means. The matters were revealed unto me, although it be not convenient that in this Paper, I name the manner how they came unto me, leaft fuch as did by well-doing further me , fliould receive blame for their labor. Well! refolveditis, That I muft be pat to it, and that with fpeed -, and therefore Mr. Witliam Murrey, Nephew (as I think) unto Mr. Thomas Murrey, fomecimes Tutor unco Prince Charts ^ and the yong man now of the Kings Bed-chamber, isfentuntome with the Written Sermon, of whom I muft fay. That albeit he did the King his Mafters bufincfs, yet he did ufe himfelf temperately and civilly unco me. For avoiding of inqttit and inquam ( as TuUy faith ) / faid this, and he [aid that, I will make it by way of Dialogue , not fetting down every days confe- rence exadly by it felf, but mentioning all things of importance in the whole, yet diftmguiihing of times •, where for the truth of the Relation, it cannot be avoided. Murrey. My Lord, I am fent unto you by the King, to let you know that his pleafure is, That whereas there is brought unto him a Sermon to be Printed, you ftiould allow this Sermon to the Prefs. Archb. I was never he that authorifed Books to be Printed ; for it is the work of my Chaplains to read over other mens writings, and wha,t is fit, to let it go, what is unfit, to expunge it. Murrey, But the King will have you your felf to do this, becaufe he is minded that no Books lliall be allowed, but by you and the Bi(hop of London : And my Lord of London authorifed one the other day {Cotifens his Book) and he will have you do this. Jrchh. This is an occupation that my old Mafter King ^ames did never put me to, and yet I was then yong, and had more abilities of body then now I have -, fo that I fee I muft now learn a new lefTon, but leave it with me •, and when I have read it, I (hall know what to fay unto it, a day or two hence you fliall underftand my minde. When I had once or twice perufed it, I found fome words which feemed unto me to crofs that which the King intended , and in a fort to deftroy it •, and therefore upon his return, a day or two after I expreft my felf thus. Mr. Murrey. I conceive that the "King intendeth that this Sermon fliall promote the fervice now in hand about the Loan of Money^ but in my opinion it much crofTeth it ^ for he layeth it down for a rule, and becaufe it fliould not be forgotten, he repeateth it again. That christians are hound in duty one to another, ejpecial/y all Subjects to their Princes according to the Laws and CuBoms ef the Kingdom wherein they live. Out of this will men except this Zc;W, becaufe there is neither Law nor Cuftom for it in the Kingdom of England. Secondly , In my judgment there followeth a dangerous Speech, Habernm necefitatem vindicanda libertatis. For this was all that was then quoted out of Calvin, no mention being made of any the other words which are now in the Printed Copy : For when by the former Rule he L 1 1 , hath 3 Carolt. Mr Murrey fent from the King with the Sermon to the Archbi- shop to have it Licenced by himfelf. The (iifcourfe by way of Dia- logue, be- tween the Avclihidiop and Mr. Mut- rey on that occa(ion. The Archbi- fliops Reafons why he couki not Licence it. H^ Hifloricai CoUeBions, An. 161-], His Majefty returns An. fwer by Mr. Murrey to thofe Rcafons o/" theArch- bi/hop. hath fet men at liberty, whether they will pay or no, he irapofethapon them a neceflity to vindicate this Liberty, and Vindtcare raay be extended to challenge with violence cum vi. But for my part I would be moft un- willing to give occafion to Sedition and Mutiny in the Kingdom. Again, here is mention made of Poll-Money, which as I have heard hath already caufed much diftafte where the Sermon was Preached. Moreover, what a Speech is this. That he observes the fomarimf of the Papisis to offer double, according to an AA of Parliament fo providmg, yea , to protefs that they would part with the half of their Goods , where he quoteth in the Margcnt A»no i Careli •, the Aft for the Subfidy of the Layty, whereby Popifh Recufants were to pay double ^ when in- deed there is no fuch Ad. And in the filth place it is faid in this Sermon, that the Princes of Bohemia have power to depofe their Kings , as not being Hereditary, which is a great queftion. Such a one as hath coft much blood, and mud not in a word beabfolutely defined here, as if it were without contro- verfie. I pray you make his Majefty acquainted with thefe things, and take the Book with you (where it is to be noted. That all this time we had but one fingle Copy, which was fome time at the Court, and fome- time left with me.) Mnrrej. I will faithfully deliver thefe things to the King, and then you (hall hear further from me. Some two or three days after he returneth again unto me, and tell- eth me. That he had particularly acquainted theKmg with my Objecti- ons, and his Majefty made this Anfwer. Firft, For the Laws and Cuftoms of the Kingdom, he did not ftand upon that, he had a Preiident for that which he did, and thereon he would infifl:. - Archb. I think that to be a miftaking , for I fear there will be found no fuch Prefident. King Henr) the Eighth, as the Chronicle flieweth, c'efiredbut the Sixth patt of mens eftates, Ten groatsin the pound-, our Kingdefireth the whole Six parts full out, fomuch as men are fet at in the Subfidy Book : And in the time of King Henr^j, although he were a powerful King, yet for that Taxation there began againft him little lefs then a Rebellion ; fo that he held it wifdom to defift, and laying the blame upon Cardinal Wclfey, profefled, That he knew nothinjg of the matter. Murrey. Secondly, The King faith for the words Uahcmtis necefita- tem vindtcnndx. libertatu, he takcth them to be for him j and he will ftand on his Liberty, Thirdly, For Poll-money he thinketh it lawful. Fourthly, It is true, there was no fuch Ad paffed, and therefore it muft be amended (and yet in the Printed Book it is fuffered ftiU to ftand. Such flight, and I may fay, flovenly care was had by them that publifticd this Sermon,) And fifthly , For that of Bohemia, he hath crofled it out of the Book. Some other matters there were, againft which I took exception, but Mx.Murre'^ beingayong Gentleman, although witty and full of good behavior, I doubted that being not deeply fecn in Divinity, he could not fo well conceive me, nor make report of my words to his Majefty : And therefore I being lame, and fo difabled to wait on the King, did move Htfiorical CoiWcHons, 44-3 A B D mov<: him , That he would in my name humbly befeech his Majefty to fend theBifliop of Bath: and Wells unto me, and I \yould by hismeans make known my Scruples-, and lb Idifmnied Mx, Mtinq , obfeiving with my felF, that the Anfweis to my Five Oojedions, efpecially to two or thre^, were foratiwhr.t ftrange; As if t!ie King were relblved, were it to hi'5 good or to his harm, to have the Book go foith. After fflne or two days more^ the yong Gentlemm cometh to me again, and telleth me , That the King did not think it fit to fend the Bilhop of Biithe unto me •, but he expedetir I (liould pafs the Book. In the mean time had gone over one High Commilti.on day, and this Bifliop who ufed (otherwife) very few days to fail, was not there, which being joyned to hisMijefties MefTage, made me in feme mealure tofmell^ that this whole bufinels might have thatBilliops hand in it, .efpecially I knowing in general the difpofition of the man. The mindes of thofe that were A(5tors for the publifliing of the Book , were not quiet at the Court , that the thing was not difpatched •, and therefore one day the Duke faid to the King , Do you fee how this bufinefs is deferred, if more expedition be not ufcd, it will not be Printed before the end of the Term •, at which time it is fie chat it be fent down into the Countreys, So eager he was, That either by my Credit his undertakings might be ftrengthned, or at leaft I might be contemned and derided as an un- worthy fellow. This fo quickned the King, that the next MefTIige which was fent by Mr. Murrey^ was in fome degree minatory, That if I did not difpatch it, the King would take fome other courfe with me. When I found how f^r the Duke had prevailed, I thought it my beft way to fet down in writing many Objedions , wherefore the Boolf was not fit to be publiflied ; which I did modeftly, and fent them to the King. The words were thefe which I culled out of the Written Sermon, 1. Page'i. Thofe words deferve to be well weighed, And rvhcreas the Prince f leads not the Power of Prerogative. 2. Page^. The Kings duty ^s fir fi to direil and make Latvs. There is no Law made till the King aflTent unto it 5 but if it be put (imply to make Laws, it will make much ftartling at it, 5. Page 10. if nothing may exaife from al7ive obedience, but rvhat ii dgainftthe Larv of God, or of Nature, or impofible. How doth this agree with the firft Fundamental Pofition^ P^g^'). That all SubjeBs are bound to all their Princes according to the Larvs and Cufloms of the Kingdom wherein they live. . This is a fourth Cafe of Exception, 4 Page 11, The Poll- Money, mentioned by him in St. A/^/z^fn^, was impofed by the Emperor as a Conqueror over the^ews, andtheexecu, tion of it in England , although it was by a Law, produced a terrible effed- in King Richard the Second's time, when onely it was ufed^ for ought that appeareth. 5.. Page 12. It is in the bottome, view the Reign of Henry the Third, and whether it be fit to give fuch allowance to the Book, being lurreptiti- duflyputout c" 6. In the fame Page, letthelargenefs of thofe woids be well con- fidercd, Tea all Antiquity tobe abfolntely fer abfolute obedience to Princes , lU 2 in ^ Caroli. ^ v The Archbi- fhop (Itfirts Bifliop Luiii may be fent to hiiTi ro treat of that Sermon. The Archbi- fhop fends hi£ Objefti- ons to the Court in wri- ting againft the Sermon. 4H ',/lH. 1627. Ht^orical Colleclions. tiflio't' laud istwplovcd ■t5 Aufwtr (iv.K Objecti- ons I King 7'""" i was a long I rime cff-tiikd I wirh Bi:^c.p i -Laud. Vic was ad- ! vanccd by Ei- fliop ViilUams. Einio\''S of Durham ami Brtf/.'c fworn of the Privy Council. in all Civil and Tempera! things. For lucli cafes as Ndoths Vineyard may fill widv.n this. 7. Pa^c 14. Sixtffs c^uintits was dead before the year One thoufand five hundred and eighty. 8. In the lame Page weigh it well. How this Zwwmay be called a Tribute, and when its laid, JVc are protmfed it fliall mt kimmoderatelj ir»- pofi-d ? How tlut agieeth with his Majefties CommiHion and Proclama- tion which are quoted in the Margent C Itiliould feem that this Paper did prick to the quick, andnofatis- fadion being thereby accepted, Bifliop Lattdis called, and hemuftgo to anfwer to it in writing : This man is the onely inward Couiifellor with Bitckin'^ham, fitting with him fometimes privately whole hours, and feed- ing his humor with malice and Ipight. His life in Oxford was to pick quarrels in theLeduresof the Pub- lick Readers, and to advertife them to the then Billiop of Durham, that he might fill the errs of King ^ames with difcontents, againft the honeft men that took pains in their places, and fetled the truth (.which he called I'liritd/jifw) in their Auditors. He made it his work to fee what Books were in the Prefs, and to look over Epiftles Dedicatory, and Prefaces to the Reader, to fee what faults might be lound. It was an obfervation what a fweet man this was like to be, that the fiifl: obfcrvable aifi that he did, was the marrying of the Earl of D. to the Lady R. When it was notorious to the World, that flie had another Husband-, and the fame a Nobleman, who had divers Children then living by her. King ^ames did for many years take this fo ill, that he would never hear of any great preferment of him, infomuch, that the Billiop of Lincoln, Dodor Williams , who taketh upon him to be the firft promoter of him, hath many times faid. That when he made men- tion of Z-rfWtotheKing, hisMajeffy was fo averfe from it, that he was conff rained oftentimes to fay, That he would never defire i,o ferve that Maffer which could not remit one fault unro his Servant. Well, in the end he did conquer it, to get him to the Biflioprick of St. Davids •, which he had not long enjoyed, but he began to Endermine his Benefador, as at tliis day it appeareth. The Countefs of Btickint^ham told Lincoln, that St. Davids was the Man that undermined him with her Son ; and verily, fuch is his afpiring nature, that he will underwork any man in the World, fo that he may gain by it. Tl.isM:m who believeth fowell of himfelf, framed an Anfwer to my Exceptions. But to give fome countenance to it, he muff call in three other Billiops, thatis to liiy, Durham, Rocbcjler, and Oxford, tryedmen for fuch a purpofe, and the whole ffile of the Speech runneth. We and We. This feemed fo flrong a confutation, that for reward of their fer- V ice, as well as for hope , that they would do more, Do«ftor Neat , Bi- fliop of Durham , and the Billiop of Bath , were fworn of the Privy Council. The very day being Sunday, Mr. Murrey was fent unto me with a Writing, but finding me all in a fweat by a fit of the Stone which was then upon mc, he forbore for that time to trouble me, and faid, That on the morrow he would repair unto me again. I got me to Bed, and ly- ing all that night in pain, I held it convenient not to rife the next day : And B D Htfiorical Cclleflions. I 4+5^ ( And on the Monday Mr. Murrey came unco me, which was the Ei"!i!:h time that iie had been with me, fo uncelTImtly was I plyed with this noble work. I had iliewed it before to a friend or two, whereof the one was a Learned Doftor of Divinity, and the other had ferved many tim.es in Parliiment with great commendation. We all agreed, That it was an idle work of a Man that uaderftood not Logick. that evidently eroded him- felf, that fome times fpake plaufibly, and in the end of his Sermon fell fo poor and flit, that it was not worth the reading. Mr. Mttrrq coming to my Bed-iiJe, faid. That he was fcnt again by the King, and had a Paper to be (hswed unto me. Archb. You fee in what cafe I am, having flept little all this laft nigju, but neverthelefs fince you come from the King, I will take my Spedacles and read it. Murrey. No ray Lord, you may not read it, neither handle it:, fori have charge not to fuflfer it to go out of my hands. Archb. How then fliall I know what it is 't Murrey. Yes, I have order to read it unto you, but I inay not part with It. Archb. I mufl: conceive, that if I do not alTent to it, his Majcfty will give me leave to reply upon it, which I cannot do, but in my Study, for there are my Books. Murrey. 1 mufl; go with you into your Study, and fit by you till you have done. Archb. Itisnot fohaftya work, it will require time, and I have not been ufed to Study, one fitting by me, but firft read it I pray you. The yong Gentleman read it from the one end to the other, being two or three iheecsof P.aper, Archb. This Anfwer is very bitter , but giveth mc no ratisfa(rti on , I pray you leave the Writing with me, and I fliall batter it to peeces. Murrey. No, my Lord, I am forbidden to leave itwithj'^ou, or to fufferyou to touch it. Archb. How cometh this about •'. Are the Authors of it, afraid of it, or afliamed of it 'f I pray you tell his Majefty that I am dealt with neither Manly nor SchoUar-like. Not Manly, becaufe I muft fight with Ad- verfaries that I know not -, not ShoUar-like, becaufe I muft not fee what it is that mufl: confute me. It is now Eight and forty yeai g ago that I came to the Univerfity, and fince that time I have ever loved a Leai'n- ed Man, I have difputed and written divers Books, and know very well what appcrtaineth to the Schools, This is a new kinde of Learning unto me, I have formerly found fault, that the Author of this Sermon quoteth not the places whereupon he grounds his Dodrine-, andw'ien I have oft called for them, it is replied unto me, that I mufl: take them upon the credit of the Writer, which I dare not do •, for I have fearched but one place which he quoted in general , but fets down neither the words, nor the Treatife, nor the Chapter, and 1 finde nothing to the purpoie, for which it is quoted ^ and therefore! have reafon tofufpe*5l ! all the reft. I pray you therefore in the humbleft manner to commend my fervice to the King my Mafter, and let him know, that unlefs I may have all the Quotations fet down, that I may examine them, and may have that writing, wherein 1 am fo ill ufed^ I cannot allow the Book. Before 3 Cnroli. Mr. Murrey brings the Anfwer ro the Arclibiflioi's Objedior.s. The Archbi- fhop is not liiiflred t(i fee the Writing, bucMr.^/HiTi'ji reads it. 4-4-^ Hi^orical CoUeBions. \j» i6i".' Before I go further, it Ihall not beamils to touch fome particulars \^-/'^ I of that which I fent in writing to the King. Tlie firft was Page 2. Thofe words deferve to be well weighed, j/^J wherctsthc Prince pleads not the Power cf Prerogative. To this Mr. Murrc'j faid, The King doth not plead it : But my Re- ! ply was, By whattliendoth he coerce thofe Refraiftories •, for I have not ; heard of any Law whereby they are imprifoned , and therefore 1 muft take it to be by the Kings Prerogative. To the'fecond Page 8. The Kings duty is fir (I to direSi and make Lam. There is no Law made till the King alfent unto it •, but if it be put fimply to make Laws, it will caufe much ftartling at it. To this I remember not any material thing anfwered, neither to t^e third. Page 10. If nothing may exctife from active obedience , hut what is againft the Law of God, or of Nature, or impofible : How doth this agree wLth the firft Fundamental Pofiition •: Page 5. That a/iSubje^s are bound to all their Princes according to the Laws and Cufioms of the Kingdom wherein they live. This is a fourth Cafe of Exception, And here before I go to the reff, the Doftor did truly hit upon a good point, in looking to the Laws and Cuftoms, if he could have kept him to it; for in my memory, and in the remembrance of many Lords, and others that now live, Dod(xHare[enet, the then Bidiop ©f Chicheftcr, and now of Norwich, in Parliament time Preached a Sermon at Whitehal, (vvhich was afterward burned) upon the Text, Give unto Ca:far, the things that be C^fars. Wherein he infiftedjThat Goods and Money were Cxfars, and therefore they were not to be denied unto him. At this time, when the whole Parliament took main offence thereat, King ^-ames was conftrained to call the Lords and Commons into the Banqueting-houfeatJ4'A/>e^4/, and there his Majefty calmed all by fay- ing, The Bijhp onelj failed in this, rvhen he faid the Goods were Ca:fars •, he did not adde. They were his according to the Laws and Cuftoms of the Countrey wherein they did live. So moderate was our Cfr I may obferve, That my refufing to fign thp Sermon, IS Hiftorical ColleUions, B D is not to be judged by the Printed Book, for many things are altrcd in one which were in the other. To the fifth. Page 12. It is in the bottome, view the Reign of Henn the Third , whether it be fit to give fuch allowance to the Book be- ing furreptioufly put out. To this it was faid. That being a good paffage out of a bhme-wor- thy Book, there was no harm in it. But before the Queftion of Sihthorfs Treatife , the Bifliop of Bathe himfelf being with me, found much fault with that Treatife, as being put out for a fcandalous Parallel of thofe times. To the fixth in the fame Page, Let the largenefs of thofe words be wellconfidered; Yea, all Antiquity tobe abfolately for abfolute obedience to Princes, in all Civil or Temporal things ■• For fuch Cafes (as iV4^<»f^/ Vine- yard) may fall within this. Here the Bifliop was as a man in a rage, and faid, That it was an odi- ous comparifon •, for it muft fuppofe, that there muftbean Ahab, and there muft be a ^ezabel, and I cannot tell what : But I am fure my Ex- ception ftandeth true, and reviling, and railing, doth not fatisfic my Argu- ment, All Antiquity takech the Scripture into it •, and if I had allowed that proportion for good, I had been juftly beaten with my own Rod, If the King the next day had commanded me to fend him all the Money and Goods I had, I muft by mine own rule have obeyed him •, and if he had commanded the like to all the Clergy-men in England, by Doiflor Sibthorp proportion, and my Lord of Canterburies allowing of the fame, they muft havefentinall, and left tlieir Wives and Children inamiferablecafe. Yea, the words extend fo far, and are foabfolutely delivered. That by this Divinity, if the King ftiould fend to the City of London, and the Inhabitants thereof, commanding them to give unto him all the wealth which they have, they were bound to do it : I know our King is fo gratious, that he will attempt no fuch matter •, but if he do it nor, the dtit^ is not in thefe flatteriug Divines, who if they were called to queftion for fuch Doiflrine, they would fcarce be able to abide it. There is a Meum and a Tuttm, in Chriftian Commonwealths, and accord- ing to Laws and Cuftoms, Princes may difpofeof it, that faying being true. Ad Reges fetefias omnium pertinet, ad [mgulos frofrietas. To the feventh, Page 14. Pius ^uintus was dead before the year One thoufand five hundred and eighty. They make no Reply, but mend it in the Printed Book, changingit into Gregorf the Thirteenth . To the laft in the fame Page, weigh it well. How this Loan may be called a Tribute 5 and when it is faid, We are promifed jhall not be immode- rately imposed. How that agreeth with his Majefties Coramiffion and Proclamation which are quoted in the Margent, they make no Anfvver ; but in the pub- liilied Sermon diftinguiilieth a Tribute from a Loan or Aid, whereby they acknowledge it was not well before, and indeed it was improper and ab- furd, worthy of none but Dr. Sibthorfe. I have now delivered the Grounds whereupon I refufed to authorife this Book, being forry at my heart , that the King, my Gratious Mafter, fhould reft fo great a building upon fo weak a Foundation, the Treatife being fo (lender, and without fubftance, but that it proceeded from a hungry man. If 3 Car oil. An. 1627. j HiBorical CoUeBions. Sibihurps Ser- mons Licen- ced by the Bi- fhop of Lon- don. Mr. Sclden. If I had been in Council when the Projeft for this Loan was firft handled, I would haveufed my baft Reafons to have had it well ground- ed 5 but I was abfent, and knew not whereupon they proceeded, onely I faw it was followed with much vehemency : And fince it was put in exe- cution, I did not interpofe my felf to know the Grounds of one, nor of the other. Ic feemed therefore ftrange unto me, Thatin theupfliot of the bufi- nefs, I was called in to make that good by Divinity, which others had done ; and muft have no other inducement to it, but Dodor Sihthorfs contemptible Treatife. I imagined this for the manner of the carriage of it, to be Ibmewhat like unto the 'E^xio'i SomerfetsiZ^k^ whoabufedthe Wife of the Earl of E(jex, muft have her divorfed from her Husband, and muft himfelf marry her : And this muft not be done, but that the Archbirtiop of Canterhurj muft ratifie all judicially. I know the Cafes are different, but I onely compare the manner of the carriage. When the Approbation of the Sermon was by merefufed, it was carried to the Billiop of London, who gave a great and ftately allowance of it •, the good man being not willing that any thing iliould ftick which was fent unto him from the Court, as appeareth by the Book which is commonly called The Se'uen Sacraments, which was allowed by his Lord- fhip with all the Errors, which fince that time have been expunged, and taken out of it. But before this pafted the Bifliops File, there is one accident which fitly comethintobe recounted in this place. My Lord of London \\2iX.h. a Chaplain, Do(flor Worrd by name, who is SchoUar good enough, but a kinde of free Fellow-like man , and of no very tender Confcience. Do(Sor5/Ms untimely to cut Wood, being green in the highefl degree , and to make Coals, without all which my Houfe cannot be kept. But when I fhall know what mufl be my Habitation , I will fend down my Servants prefently to make the befl Pro- vifion that they can. And (o exfeiitng your Lordfhips Anfwer, I leave ^ou to the Almighty, and remain Croyden,5^»/jf 10. 1627. 7our Lordfhips very loving Friend, G. Cant. He HiUorical CoUeBions, 4!? ! He made my Servant ftay, and when he had gone up toknoiv the Kings further pleafure, he returned me the AnfvverloUowing, May it pleafe your Grace, I^m ajhamed and do con fefm) fault, that J wrote not to four Grace he- fore I received jour Reproof, though a G rat 10 us ene^ hut in truth, I dtd not ncglcB, nor forget : But the continual opprcfion of huftnef, would not permit me to advertife to jour Grace the Kings Anfwer. His Majejlj heard jeriouflj your Profefions and Jn[wers, and commanded me to fignife nntoyou. That he kncrv not theprefent differences hetween you and the Town •, and if he had, he would not have caft you into that inconvenience. He was well vleafca you fhould go ti your houfc at Foord , and [aid , He did not expert when the ^e ft ion was ended between your Grace and the Town, that you (1}0uldgo to Canterbury. Jnd he further [aid, He would not tye yon to fo flwrt a time as might he any way inconvenient , hut doth expe£i that your Grace will govern it fa, oi his Majefly fl)all not need to warn youa(econdtime. I will not fail to move his Majefly to give you Liberty to chufe either of your Houfes you name , and give you knowledge of his pleafure, and in all things he ready to obey your Commandments, or take occafion tofeeve you in the condition of Whitehal, ^uly lo. 1627. Tour Graces mofl humble Servant Conway. I could not but obferve therein that pafTage, That the King doth exped that your Grace will govern it fo, as his Majefty (hall not need to warn you a fecond time •, I needed no Interpreter to expound thofe words , and therefore did take order that one of my Officers was prefent- ly difpatched unto Foord to fee the Houfe ready. While Neceffaries were caring for, and I lay for fome days at Croyden, and afterwards at Lambeth, the City of Lond$n was filled with the Report of my confining, (for fo they did term it) and divers men fpake diverfly of it, 1 will not trouble my felf to mention fome idle things, but fome other of them require a little confideration. A main matter that the Duke was faid to take in ill part, was, the refort which was made to my Houfe at the times of Dinner and Supper, and that oftentimes of fuch as did not love him. My Anfwer unto that is , That by Nature I have been given to _ ■ ii_..i-- j: ^_ n ; /:_^_ t I l.-j 3 C droit . The Loni Conwrf/s An- fwer. The rcafon why the Duke was thought to be offend- ed with the Archbifhop. The Archbi- keep a Houle accordme to my Proportion , fincc I have had any fhopaccunom ' ,„,...,? ^- ,-'• ■*^ _■ ' ■ • 1 r- ■ edtoHolpita- That It IS a property by Samt nty means, and God hath'blefled me in it. Faul / jft. 1627. Hi'slorical CoUeBions. King JafHes'\ injoyned the Archbi(hop ro live like an Archbi/Tiop. The Duke was not pica- fed that Sir Dudley Diggs frequented tlie Ai'chM- fhops houfe. Paul required in a Bifliop, That he jhould be given to tiofptalitj -, that it is another of his Rules , Let your Convcrfatipn he without Coveton^ncf -, and thofe things I had in mine eyes. Befides I have no Wife, nor Child e •, and as tor my Kinred, I do that for them which I hold fit ^ but I will not rob the Church, nor the Poor for them. Again, It is fo rare a fault in thefe days, that men not feeding on the Kings Meat, but of their own charge , fliould frankly entertain their Friends when they come unto them, that I deferve to be pardoned for it. But this is not all. When King ^ames gave me the Bidioprick, he did once between him and me, and another time before the Earl of Salisbury , charge me that I ihould carry my Houfe Nobly ( that was his Majefties word) and live like an Archbifliop -, which I promifed him to do : And when Mea came to my Houfe , who were of all civil forts , I gave them friendly entertainment , not fifting what exceptions the Dukje made agamft them •, for I knew he might as undefervedly think ill of others, as he did of me. But I meddled with no mans quarrels, and if I Hiould have received none but fuch as cordially and in truth had loved him , I might have gone to Dinner many times without company. There frequented me Lords Spiritual and Temporal , divers Privy Counfellors, as occafion ferved, andMen of the higheft rank-, where, if the Duke thought that we had bufied our felves about him, he was much deceived : Yet perhaps the old faying is true, 'That a Matt rvho ii gvilty of one Evil to htmfelf, thinketh that all men that talk together, do fay [omervhat of him. I do not envy him tliat happinefs, but let it ever attend him. As for other men of good fort, but of lelTer quality, I have heard fome by name , to whom exception hath been taken , and thefc are three, (I know from the Court by a Friend, that my Houfe for a good fpace of time hath been watched, and I marvel that they have not rather named fixty then three.) The firfl: of thefe is Sir Ditdley Diggs, a very great More in the Dukes Eye, as I am informed-, for it is faid, That this Knight hath paid him in Parliament with many (harp S peeches. If this be fo yet what is that to me, he is of age to anfwer for himfelf. But in the time of the late Parliament, when the Earl of Carlile came unto me, and dealt with me thereabout, I gave him my word, and I did it truly, That I was not acquainted with thefe things ; onely being fick as I was, I had in general given him advice. That he (liould do nothing that might give juft offence to the King- and I have credibly heard, that when Sir Dudley was laft in the fleet , committed from the Council Table , he was much dealt withal, to know. Whether he was not infligated by me to accufe the Duke in Parliament : The Knight with all the Protefta- tions and AfTurances, that could come from a Gentleman, acquitted me of the part, and whole, wherein he did me but right : And I do remem- ber, when that man now fo hated, was a great Servant of the Dukes. So that if he have now lofl him, it cannot but be prefumed that it is for fome unworthy carriage which the Gentleman conceiveth hath by that Lord been offered unto him. Moreover, How can I but imagine the words and adions of Sir Dudley Diggs have been ill interpreted, and reported : When I my felf faw the Duke ftand up mne times in a morning in the Parliament Houfe to B D HiHorical ColleBions, 4-55 to faften upon him words little lefs (if at all lefs) then Treafon ^ when by the particular Votes of all the Lords and Commons in both Houfes, he was quit of thofe things, which the other would have enforced up- on him: And a little while before he washaftily clapt into the Torver, and within a day or two releafcd again , becaule nothing was proved againft him. And I alTureyou, I am fo little interelTed in hisadions, That to this day I could never learn the reafon why he was imprifoned in the Fleet, although he was kept there for Seven or eight weeks, I diftinguirti the King from the Duke of Buckingham -, the one is our Soveraign by the Laws of God and Men ^ the other a Subjed as we are : And if any Subjed do impeach another, though of different degrees , let the party grieved, remedy himfelf by Law, and not by Power. But to fpeak further for this Knight, I may not forget when he was publickly employed 5 one time to the Hague, a fccond time to Muf- g covia, and thirdly, into Ireland, about Affairs of the'Stace, fuch opini- on was then held of his good endeavors. And for mine own part ever (ince the days of Queen Elizabeth, I have been nearly acquainted with him , he was my Pupil at oxford, and a very towardly one •, and this knowledge each of other, hath continued unto this time. He calleth me Father , and I term his Wife my Daughter , his eldefl Son is my God-fon , and their Children are in love accounted my Grand- children. Tlie fecond that I have heard named , was Sir Francis Harrington, a Gentleman whom for divers years I have not feen, and who for ought I knowj was never in my houfe bat once in his life. The third was Sir Thomas Wentrvorth , who had good occafion to fend unto me , and fome times to fee me , becaufe we were joynt Executors to Sir Georq;e Savile , who married his Sifter, and was my J) Pupil at Oxford -^ to whofc Sonalfo, Sir Thomas Wentrvorth and I were Guardians, as may appear in the Court of Wards, and many things paffed between us in that behalf •, yet to my remembrance I faw not this Gentleman but once inthefe Three quarters of a yearlaft part; at which time he came to feek iiis Brother-in-law, the Lord C//j^W, who was then with meat Dinner at Lambeth. For one of the punilhments laid upon me , it was told me by the Lord Conrvay, That 1 muft meddle no more with the High Commiflion •, and accordingly within a few days after a Warrant is fent to the Attorney General, that the Commiffion muft be renewed, and the Archbilhop muft be left out : This under hand being buzzed about the Town with no Imall mixture of fpight, I conceived it to be agreeable to the proceed- ings with the Lords and Gentlemen which refufed to contribute to the Lo.m, they all being laid afide in the Commiffions for Lieutenancy, and the Peace, in their feveral Counireys. For my part, I hadnocaufe to grieve at this, fmce it was his Majefties pleafure ; but it was by the actors therein underftood otherwife, they fuppofing that this power gave me the more Authority and Splendor in the Church and Common- wealth. To deliver therefore truly the ftate of this Queftion, It cannot be denied, but that it was a great point of policy for theeftablifliing of Or- der in the Ecclefiaftical, and conlequently Civil Eftate alfo , to ereft fuch J Caroli. The Archbi- Hiop was Tu- tor to : ir Dudley D;^jac Oxford. The Duke was offended that Sir Tho- mas Wentworth frequented the Archbi- Hiops Houfe. The Archbi- fhop com- manded to meddle no more in the High Commif- fion. Commendati- ons of the High Commif- fion Court. _, HiBorical ColleWons, An. 1627. The High Commi(fion- ers chargeable to the Arch biffrop. fifich a Court, whereby Church-men that exorbit^ed iii any grievous manner, might be caltigated, and retftified, and fuch fort of crimes in the Layety might be cenfured as were of Ecdefiaftical Cognifance. And verily this is of great ufe in the Kingdom, as well for cherifoing tlie Study of the Civil Law, as otherwife : So that it be kept incorruptible, and with that integrity, as fo grave a Meeting and Affembly reqaireth. That was principally my care, who took much pains and fpent much money, that in fair and commendable fort, Jultice was indifferently ad- miniftred to all the Kings people that had to do with us : But every one might fee that this was to my fingular trouble •, for befides that to keep things in a (freight courfe, fometimes in fits of the Gout, I was forced by my Servants to be carried into the Court , where I could not fpeak much, but with difficulty -, I was at na time free from Petitions, from Examinations, from figning of Warrants, to call fome, to releafe others, from giving way to fpeeding and forwarding Ac.ts Corpus a Caufe of Commitment be certified, then ■ (faid Mv.Noy) the Caufe is to be tryed before your Lordfliips •, but if no Caufe be fliewn, the Court muft do that which ft;mdeth with Law and I Juftice, and that is to deliver the party. The Commons did complain in Ed.3. 5 Caroli. An. 1627. Hijlorical CollcBions, Ed. 3. his time, that the great Charter and other Statutes were broken •, Theydefired, that for the good of himfelf and his people they may be kept and put in execution, and not infringed by making any Arreft by fpecial command, or othervvife. And the Anfwer which was given them was this. That the faid great Charter and other Statutes fhould be put in execution according to the Petition, without difturbance of Arrefts by fpecial command •, And the King granteth the Commons defire in the fame words as they were cxpreffed in their Petition. And afterwards complaining again. That notwithftanding this Anfwer of the King, they were imprifoned by fpecial command, without Indidment or other legal courfe of Law : The Kings Anfwer was upon another Petition unto him, That he was therewith well pleafed •, And for the future he added further, If an) man be grieved, let him complain, and right flail be done. And for- afmuch as it doth not appear to the Court, that there was any Caufe of the Commitment of thefe Members, no Charge againft them, no Indid- ment or Procefs according to the Laws : Wherefore yiv.Noj prayed they might be no longer detained in Prifon, but be bailed or difcharged. Admit the Commitment of the Command of the King was lawful, yet, faid Mr.Galthorp, when a man hath continued in prifon a reafonable time, he ought to be brought to anfwer, and not to continue ftill in prifon without being brought to anfwer •, For that it appeareth by the Books of our Laws, that Liberty is a thing fo favored of the Law, that the LaW will not fuffer the continuance of a man in prifon for any longer time then of neceffity it muft : And therefore the Law will neither fuffer the Party, Sheriffs or Judges to continue a man in prifon by their power and pleafure. It doth fpeak of the delivery of a man out of prifon with as reafonable ex- pedition as may be : And upon this reafcn it hath been refolved,that how- foever the Law alloweth that there may be a Term between the Tefie of an Original Writ, and the Return of the fame, where there is only a Sum- mons,and no Imprifonment of the body •, yet the Law will not allow that there fhould be a Term between the rf/?f of a Wnt oiCapitts, and the Return of the fame, where the body of a man is to be imprifon'd -, info- much that it will give no way that the party (hall have power to continue the body of a man longer time in prifon then needs muft -, fo tender is the Law of the Subjects Liberty. Monday the 2-], oi November, the Attorney-General argued for the King,That this was a very great Caufe,and hath raifed great expectation 5 and he was afraid that thofe Gentlemen whom it concerns, have rather advifed their Councils,then their Councils them. For the firft Exception, That the Return is not pofitive,but hath relation to fome others •, He did conceive it was pofitive enough : For (faid he) the words are, ^od de- tentHs eft [ub citftodta mea per fpeciale mandatum Domint Regis •• The other words {miht fignificatum~\ they follow after, but are not part of the affir- mation made before it. And if they will have it as they feem to undcrftand it, then they mufl return the words thus-, ^od figmpcatum eft miht per JDominos Privati Confilii, quod detentns eft per (pecjale mandatum Domini Regis . And then it had not been their own proper Return, but the iigni- (ication of another, the Lords of the Council. The turning of the fen- tence would refolve this point ^ the thing it felf muft fpeak for it felf : It is clcar,it is a pofitive Return, that the detaining is by the command of the King •, and the reft of the Return is rather fatisfadion to the Court, then any part of the Return. And for the other Exception, That the Caufe of the Caufe is returned, and aot the Caufe it felf j He faid, Among the Logi- HiUoricdl CoileBions. \6t. 1627. j yr^y-^^ I A Treaty for >i!rrcn(!tr be- tween tiie Duke and Tortn. The Citadel rclitv'd again A Retreat re- folved on. 'obier againfi The Citadel ftormed. again HiBorical CoUeBions. By this time the French had got a great fupply of Shipping from the Spaniard for their alTiftance, which with their own made up above a hundred Sail, (exceeding the Englilh Navy in number) yet did avoid en"aoing with the Englifh Fleet, exercifing all their skill and art how to get in a good and round fupply of Provifion into the Citadel -, and Toras the Governor employed his wit to gain time to that end, by entertaining a Treaty of Surrender upon honorable terms ^ and prevails with the Duke thachemny firftfend tothe Kihgof /^r-j/^ff, that he might come off with donor: The Duke confents thereunto, on condition that an Englifh Gencleman,an Attendant upon the Duke^might go with that Party which Toras fent, and have a fafe condud through France to pafs into England, , And fothey both go to the Court of France, where the Englifh Gentle- man was fecured, but the Party whom T(?rrf5 fent did his errand, and no doubt gave the King oi France a perfed account of their condition in the Citadel s whilft the Englifh Gentleman was detained that he could not do the like fervice for the King of England, in delivering to him what he had in command from the Duke. The French Gentleman returns to the Lengiire at S. Martins •, but by reafon the Englifli Gentleman was not peimitted to go for England, the Frenchman was not permitted to go into the Citadel. Toras again renews the Treaty, pretending that if he had not Relief fuch a day by fuch an hour, he woald furrendcr : And fpun out the time fo long , that in good earneft Relief got in both of men, viduals and am- munition •, and the fame Veffels which brought the Relief, carried away the fick and wounded,and unferviceable men in the Citadel.So the Treaty proceeded no further 5 and the Enemy holds upon their Pike-heads Mut« ton, Capons, Turkies,&c. to let the Englifh fee they had no want. Now we go to work with Mine and Battery ; And prefcntly alfo comes news, that the French liad landed more Forces near the Meadotv-Caftle, (a place alfo at the firft neglcded, though then unmanned ) And orders are given to draw out men (leaving the Trenches unguarded ) to encounter the French that were landed : Which was performed with fome reafonable fuccefs •, but the Enemy got fecurity under the Caftle, and thereupon the Englifli retreated, and were enforced to fight to recover their Trenches, which the Enemy had now poffelTed, and many mens lives were lofl in the regaining thereof. This laft refrefhment of the Enemy ( being about the middle of October) caufed the Dukt to enter into Council, and to think of a re- fx)lution for a Retreat 5 which he communicated to Sohiez, and tells him further. That thefeafon is paft, his Army diminifhed, his Viduals con- fumed, and his Council of War had judged it fitting to retire. Sohiez anfwered the Duke, That the Earl of Holland's Fleet was coming with Supplies-, that the Relief given was not confiderable -, that the Retreat would draw after it the lofs o^Rochel, and thereby make Sohiez guilty of the ruine thereof-, but above all, it would bring an irreparable prejudice and difhonor upon his Mafler o^ Great Britain, that had made an Enterprife of fo little honor and profit. Upon this the Duke continues the Siege, and fhortly after refolves to ftorm the Citadel and Works ; to which (it was faid ) the Englifh Commanders were much averfe, but the French Commanders were zealous for it : And fo for a hxtv!t\\^Novemb.6. a vain Attempt was made on all fides of the Citadel. In fhort, we lofl men and honor -, for the Fort was unaccefTible, befides well manned with fircfh fup- plies of men newly put in : And having left many dead and hurt, w-e were forced B D Htjlorical CoUecHons. \69 forced CO retire. This ill fuccefs, with the advife given that the Troops of the other Forts did increafe, ( the French, nocwithftanding our Shipping, pouring their Forces amain into the IHand ) haftened the Duke to raife the Siege and to retreat, to ll'.ip his men again for 'Enghnd. Novemh.8. early in the morning the Drums heat, and the Army pre- pares for a March •, but Icarce had the Rearguard come our,but the Troops of the Enemy appeared equal in number for Foot, and far llronger in Horfe, which the Enemy had (during the Siege) landed inthellland under the favor of the Little-Fort, and the Meadow-Caftle, ( the two places fo ftrangely omitted at the firft to be podeflfed by the Englilh : ) Yet notwithftandmg their ftrength, and the advantage of falling upon an Army on a retreat, which had endured much hardihip and received many difconragements, would not tlic Enemy engage in plain fieldj wken the Duke feveral times drew up the Army in their march, and made a ftand in hopes of a Battel. But the wary French Commander Ihunned the ha- zard of Fight on equal terms, forefeeing a greater advantage with Icfs ha- zard : For no fooner were the Engli/li entred into the Narrow Califey and Lane, having on each hand deep ditches and Salt- pits, but the Enemy obferved the advantage, and that the Englilh had negletfled to raife a Fort at the entry of the Caufey to fecure tneir retreit, and ( yet worfe ) that they had not raifed a Fort at the further end thereof near the Bridge to fecure the paflage over it,but had only raifed a fmall Work not tenable on the further fide of the Bridge, whereupon the Enemy advanced with great fury on a weak Rearguard of Horfe, and quickly put them to a re- treat ^ who in that Narrow Caofey difordered the Foot, and the Enemy thereby took the advantage, followed clofe and did much execution upon the Englidi : Thofe who efcaped the fwbrd,were drowned in the Salt-pits and Ditches •, and the Crowd was fo great on the Bridge, ( the Enemy purfuing them over ) that many Englilh were drowned in the River. Yet in this difcomfited condition the Englifh took courage, faced about, ral- lied their Forces, made up a fmart body that drew up to fight the Enemy 5 but the French ( not daring to engage but upon great advantage) were enforced to retreat over the Bridge. The Englifh loft feveral hundreds of men, and many Colors, and great was their difhonor : The lofs of the men was not fo great, as that they were left upon fo unequal terms, where the proof and valor of an Englifhman could not put forth it felf. Novcmb.9. the Army was (hipped, and the Duke promifeth the Rochel- lers to come again to their relief, and prefently after fet fail for England, meeting with the Earl of Holland as he was fet ting out oi'Fljmcitth coming with a Supply, And now every man paffeth his cenfure upon this Expedition : Some laying the fault upon the Duke, (i) For being too flow in his march after the firft landing, whereby the Enemy got in provifionand heartned his men. (2) In being too remifs during the Siege, in not preventing provifi- ons for going into the Citadel, by doubling Guards at Land and Se3,when the wind ftood fair. (3) In omitting to take in tiie Little Fort,from whence (as it was faid) proceeded all the mifery that afterwards followed. (4) In retreating before all things were certainly prepared in order to a Teure march in narrow places and paftages. The Duke pleaded for himfelf,That he aded for the moft part by the advice of a Council of War; and if Orders were given, and nut obferved, it was not his fault : That had the Earl o{ Holland covnt with a Supply of dripping, men and vidluals, ^o foon he had then without doubt fo nar- rowly Caroli. The Arthy rtntats. The Encttiy engageth the Rear of the Army, as he might and ought to have done, Several opini-[ ons concetn- ing thisExpe- dicion to Khr- 47° I Hijlorkal CoUeBions, An. 1627. The misfor- tune of Khee- Expedition, caufetha cla- mor in tlie Nation. A Lift of Ar- rearages for freight of fhips and Sca-mens wages. Anne-Royal. 1 Repylje. Affurance, Nonfuch. Waltfpite. Adventure. Triumph. Villory. S.George. S-Andreiv. RAinborv, Vantguard. Red-Lion. S.Efperite. Ottrd-Land. ConueSine. Antelop. Entrance. rowly blocked up the Harbor to the Citadel by Sea, that no Provifion (hould have got into it. The Earl of Holland anfwered for himfelf, That when he was ready to have gone aboard the Fleet at Plymouth, the Ships with Provifion were not come out of Chattam -., and when the Provifions were (liiptjtime was fpent before he could get them to a Rendevouz •, and when they were come to a Rendevouz, and he ready to fet fail with the whole Fleet, the winds proved contrary. But fome of the chief Com- manders when they came into England, fpake fomwhat loudly of other mifcarriages at Rhee, pleading much on the behalf of the Council of War. And now when the unfortanate Adion of Rhee was known and pub- lifhed throughout the Nation, the cry of the People was fo great, and the Kings neceilities fo prefling , that it was in every mans mouth, A Parlia- ment muft needs be fummoncd : For we have now provoked two potent neigbor Kings, and near Enemies ^ our Coafts and Ports were unguarded, our able Commanders worne away or not im. ployed : The Mariners come in multitudes to the Court at Whitehall, in great diforder and confufion crying out for Pay, and much ado there was to appeafe them : The Ene- mies come into our Harbors, furvey our Rivers, and the Fiihermen can fcarce look out : A vaft number of our Ships have been loft and taken in the three years paft, and the Merchants ceafe to build more, becaufe they were preft for the Kings fervice at a low rate, and not paid 5 and the Ma- riners flee from their own imployment,fearing to be preft again 5 And our Enemies grow upon us, efpecially in the Eaftern Countries. We give you here a brief Account of fuch Arrearages as were behind and unpaid for Freight of Ships, Seamens Wages, and Materials for Shipping, in the Years 1625^ 1626, & 1627, FOr freight of Merchants and Newcaftk -Ships imployed') in his Majefties fervice, and for feveral Bills of provifi-(' /. s. d. onsyet unpaid in the years 1625, & 1626, according to?'6oooo-oo-oo the former Eftimates & Privy-feals pafled for tiie fame — \ For the freight of fundry Merchants and Nemajlle-Mp%^ imployedin his Majefties fervice to the Ifleof Rhee and 1,19560-12-04 other places, in the year 1627 J For Seamens wages in the fame year 1627, ending the laft of this moneth 6ip57-ip-o8 T he repairing of the Hulls & Mafts of the faid Ships to ") make them fit only for imployment in the Narrow-Seas,( together with repair, and for fetting forth of the Noftre-f^'^'^ '^^'°^ dame zad Sea-tvaUer, two Pnk-fhips ■ ) For repairing the faid Ships mentioned in the margin,^ for their Hulls,Mafts,&c. at 1000 marks apeece ^08000-00-00 For fupply of 700 Tuns of Cordage taken out of his ) Majefties Stores, for furniihing to Sea of feveral Fleets,/ at 26/. 135,4^. /'fr Tun, being demanded upon feveral)' 18666- 13-04 Eftimates to be made good at the end of each fervice, and\ yet unpaid ' '^ Befidesthefe Arrears, there were Demands made by/ the Navy for fupplying the Stores with Maft, Timber,>26ooo-oo-oo Plank, Deal, Sales, Ropes, Tar, Tallow, Iron, Anchors,( &c. the Sum of ;— ;• — ; ^ The HiUorical ColleBions. +7« S Carsli. The RocheUers, after the Dukes arrival in EngUndy fent their Deputies 1 to his Majefty for fuccor and relief in their diftrefTed condition, and pre- sented their Defires in nature of a Remonftrance to the King and the Lords of the Council^ wherein they gave his Majefty moft humble thanks for the great afliftance and comfort they had received by the Fleet fent in ^uly laft, whereof the Duke of Buckingham was Admiral, which would have been of greater afliftance unto them, had the feafon of the year per- mitted their ftay longer there, or that the fupply of Vi(5luals and Ammu- nition had come unto them which his Majefty had afligned. That they are given to underftand, that there is application made to the King of Denmark to propound the making of a Peace between the two Crowns o[ England Slid France, a thing to be wifhed ( if really intended : ) But the Proceedings of France with the Reformed Churches there, hath hitherto been fuch, as when they fpake moft fair, and nothing but Peace uttered, nothing lefs was intended, and great advantages thereby have been taken B againft the Reformed Churches, But in c^k the Treaty do proceed, they humbly prayed, that then his Majefty will be pleafed to infift upon the Capitulation which was made upon his mediation,and for which he pafted his word that the Reformed Churches fliould perform on their part, which they kept inviolable till there were Forces placed and kept in Forts againft them contrary to Capitulation, and more Forces drawn down in order to the redudion of the Remonftrants, and a Fleet uncxpededly come upon them to deftroy their Navigation, when nothing on their part was offered in violation of the Treaty. They did further remonftrate. That now the Forces of France are breaking down apace about them totally to block them up by Land, and do intend to make a Barracado crofs the Channel, leaving a narrow paf- fage for the flux and reflux of the Sea, and by that means to ftop all manner of Provifions by Sea ^ which evidently remonftrates their further ruine, if they with all expedition have not fuccor and help from his Ma- jefty of Great Britain : For their neceflities and ftraits are very great al- j) ready, by reafon their Magazines are confumed, their monies fpent, and the Inhabitants reduced to fmall allowances. And theref )re do befeech his Majefty with all poflible diligence to fend them fupply of all forts of Provifions fit for a Siege, and to fuccor them once more with the Navy- Royal to interrupt theblockingupof the River, otherwife they are inevi- tably loft. And laftly they did humbly befeech his Majefty and the Lords of his Council to have alfo fo far pity of their indigencie and need, as to permit a General CoUedion to be made in England and Scotland, of fuch perfons whom God fliall move to contribute to their fuccor and relief. And declare that they are refolved ftill to hold out, hoping yet a Relief would come that might be of advantage unto them-, and they were allured thereof by the Duke oi Buckingham at his departure, that he would once more come in perfon to their afliftance. In this ftate of Affairs, it is faid, Shr Mol>ert Cotton being thereunto called, prefented his Advice to certain Lords of the Council in manner F I following. AS foon as the Houfe of Auflria had incorporated it felf with Spain, sv Robert and by their new Difcoveries gotten to themfclves the Wealth of cwchV Ad. xht Indies, They began to affedl, and have ever lince pur faed a Fifth tj^/ J,°"ent"^ Monarchy. The Emperor Charls would lay the firft Foundation of Italj, nate of affairs. by ' J M' Hijlorical CoUeBions, An, \6ii. by furpnfing Home : From this he was thruft by force, and refped of Re- I ligion, Hen.S. being made Caput Faderis againft him. He then attempted Higb-Germam, pradifmg by faction and force to reduce them firft to Pettv States,and fo to his abfolute power : In this Hen.%. again prevented hira,by laying the Lutheran Princes under his Confederacie andalTiftance. His Son the Second Philip purfued the fame Ambition in the Netherlands of Germany, by redudlion whereof he intended to make his way further into thecrhers. This the late Queen of £;7^/4»i interrupted, by fiding with the aftiidted people on the one parr, and making herfelf the Head of the Proteftant League with the Princes on the other part, drawing in fecret of State the countenance of France, to-give the more reputation of afliftance to them, and fccurity to it felf. Spain feeing his hopes thus fruitlefs by thefe Unions, and ftreights, began firft to break, it he might, the Amity of France and England • But finding the Common danger to be a faft tie, he raifeth up a party in that Kingdom of his own •, by which the French King wis fo diftrefted, that had not the Engli{h Council aflifted and relieved him, Spain had there removed that next and greateft Obftade of his Ambition. His Council now tells him from thefe examples, That the way to his great work is irrvpoflible, fo long as England lay a let in his way • And advifeth him, that the remove of that Obftacle be the firft of his intents. This drew on thofe often fecret pradifes againft the perfon of the Qijeen, and his open fury in Eighty Eight againft the body of the State : which {lie perceiving , following the advice of a free Council , would never after admit of a Peace 5 winning thereby the hearts of a loving people, who ever found hands and money for all occafions at home, and keeping facredly all her Alliances abroad, fecuring to her Confederates all her time freedom from fear of Spanifli flavery, and fo ended her old and happy days in glory. Spain then, by the wifdom and power of that great Lady, defpoiled fo of his means to hurt, though not of his defires, makes up with her Peaceful Succeftbr of happy memory that Golden League •, That dif- arming us at home by the opinion of Security, and giving them a power in our Councils by believing their Friendfhips and pretended Marriage, gave them way tocheridi amongft usaParty of their own, and benefit of power abroad to lead in Jealoufie and fome divifion between us and our Confederates : By which we fee they have fwallowed up the Fortune of your Majefties Brother's Eftate, with the reft of the Imperial States -, diftrefted the King of Denmark by that quarrel ', diverted Srvcdens af- fiftanceby the Wars with the Pole, and moving them now. with offer of the Danilh Crown •, And now ( whether from the Plot of our Fatality ) hath caft fuch a bone between France and us, as hath made themfelves by our quarrel of Religion a faft Confederate, and us a dangerous Enemy. So as now we are left no other afliirance againft their malice and ambi- ' tion, but the Netherlands, where the tie of mutual fafety is weakned by daily difcontents bred and fed "between us by fome ill-affe(5ted to both our fecurities, that from the doubtfulnefs of friendftiip as we now ftand, we may rather fufpeft from our own domeftick Fadion, if they grow too ' furious, they will rather follow the example oiMome in her growing ( that held that equal fafety, honorable and more eafie, rare regnum, then [uh- jiigare frovineiam) confidering the power they have in their hands, then to give any friendly afliftance to fave the prefent condition of a State. J You may therefore fee in what terms we ftand abroad, and I fear we are '\ at B D HtBorical CoUeUions, at home for refiftance in no better ftate. There muft be to withftand a Forein Invafion, a proportion both of Sea and Land-Forces : For to eive an Enemy an ea/ie palT'age, and a Port to relieve him in, is no lefs then to hazard all at one ftake. And it is to be confidered. That no March by Land can be of that fpeed to make head againft the landing of an Enemy. Then that follows That there is no fuch prevention, as to be Matter of the Sea. To this point of Neceffary Defence, there can be no lefs then Two hundred and forty thoufand pounds. For the Land-Forces, if it were for an Offenfive War, the men of lefs livelihood were the bcft fpared ; and we nfed formerly to make fuch War Pttrgamenta requb. if we made no further purchafe by it. But for the fafety of a Commonwealth, the wifdom of all times did never intruft the Publick Caule to any other then to fuch as had a portion in the Publick Adventure. And that we faw in Eighty Bight, when the g care of the Queen, and of the Council , did make the body of that large Army no other then of the Trained Bands, which with the Auxiliaries of the whole Realm, amounted to no lefs then Twenty four thoufand m.tn. Neither were any of thefe drawn from forth their Country and proper habitations, before the end of May, that they might be no long grievance to the Publick ; fuch Difcontentments being to us a more fatal Enemy, then any Forein forces. The careful diflributing and dire(5ling of their Sea and Land-forces, being more fitting for a Council of War, then a private man to advife of, I pafs over -, yet (hall ever be willing and ready, when I (lull be called, humbly to offer up fuch Obfervations as I have gathered by the former like occafion in this Realm. To make up this Preparation, there are requifite two things, Money, and Affedions -, for they cannot be properly fevered. It was well and wifely faid of that great and grave Councellor the Lord Burleigh in the like cafe, to the late Queen ^ Win hearts, and you have their hands and j-j yurfes. And I find that of late. Diffidence hath been in the one, and hath unhappily prevented the other. In gathering then of Money for this prefent need, there are three things requifite, Speed, J(]urance , and Sat is fa£}i«n; And the way to gather ( as in other like cafes hath been done ) muft be by the path-way formerly called P'/a regia, being more fecure and fpeedy : For by unknown and untrodden ways, it is both rough and tedious, and never fucceedeth well. This laft way, akiiough it took place as it were by a Supply at firft, and received no general denial, yet fince, it hath drawn many to cenfult with themfelves and others in the confequence, as it is now conceived a prefliire on their Liberties, and againft Law. I much fear, if that now again it be offered, either in the fame face, or by Privy-feal, It will be refufed wholly. Neither find I that the reftrain't of the Recu- fants hath produced any other effed, then a ftiff refolution in themfelves and others to forbear. Befides, although it were at the fitft with fome affurance, yet when we confider the Commiffions and other forms in- cident to fuch like fervices, as that how long it hangs in hand, and the many delays that are, we may eafily fee that fuch a Sum granted by the Parliament, is far fooner and eafier levied. If any will make the fucceflion of times to produce an inevitable ne- ceffity to enforce it if denied, whether in general by Excife or Impo- fition, or in particular on fome feled perfons, which is the cuftom of Ppp fome iZi 3 Caroli' 4-7+ Hijlorical CoUeBions, An. I 627 fome Countries, and fo conclude it, as there, for the Puhlick State, ' \fupremd lege -^ H^ muft look for this to be told him, That teeing Ne- celfity muft conclude always to gather Money, 'tis lefs fpeedy or allured then that by a Parliament : The fuccefs attendeth the humor ot" the heedlefs Multitude, that are full of jealoufie and diftruft, and fo unlike to comply to any unafual Courfe of Levy, but by force ; which if uied, the effeft is fearful, and hath been latal to the State. Whereas that by Parliament refteth principally on the Regal perfon, who may with eafe and fafety mould them to his fit defigns by a.gracious yielding to their juft defires and Petitions. If a Parliament then be the moft fpeedy alTurance and fafeway, it is fit to conceive what is the faireft way to ad and work that to the prefent need. Firft for the time of ufual Summons, Forty days, reputed to be too large for this prefent NecelTity, it may be by dating the Writs leflened, fince it is no pofitive Law-, lb that a care be had that there may a County - day after t!ie Sheriff iiath received the Writ, before the time of fitting. If then the Sum to be levied be once granted and agreed of for the time, there may be in tlie body of the Grant an Affignment made to the Knights of every County refpedively, who under fuch aflbrance may falely give Security proportionable to the Receipts, to fuch as fliall ad- venture in prefent for the Publick fervice any Sums of money. The laft and weightieft Confideration, if a Parliament be thought fit, is. How to remove or comply the Differences between the Kmg and Subjeds in their mutual demands. And what I have learned amongft the better fort of the Multitude, I will freely declare, that your Lord- lliips may be the more enabled to remove, and anfwer thofe Diftrufts, that either concern Religion, publick Hilety of the King and State, or the juft Liberty of the Commonwealth. Religion is a matter that they lay neareft to their Confciences, and they are led by this ground of jealoufie to doubt fome pradifes againft it. Firit, for that though the Spanilli Match was broken by the careful in- duftry of my Lord oi Buckingham , out of his religious care (as he t^en declared) that the Articles there demanded might lead to fome fuch Sufferance as might endanger the quiet, if not the ftate of the Re- formed Religion here ^ yet there liave ( when he was an Ador principal in the Conditions of France ) as hard, if not worfe to the prefervation of our Religion, palled, then thofe with Spain. And the fufped is ftrengthened by the clofe keeping of this Agreement, and doubt in them of his affedion, in that his Mother and others, many his Minifters of near imploiment about him are fo affeded. They talk much of his advancing m.en Popiflily devoted, to Places in the Camp of neareft fervice and chief Command •, and that the Re- cufants have got thefe late years by his power, more courage and affurance t!ien before. If to clear thefe doubts, f which perhaps are worfe in fancie then in truth ) he take a courfe, it might much advance the Publick fervice againft the fqutamifti humors, that have more of violent Paffion then of fetled Judgment, and arc not the leaft of the oppofite number in the Commonwealth. The next is, The late misfortunes and loffes of Men, Munition, and Honor in the late Undertakings abroad^ which the more temperate fpirits impute to want of Council, and the more fublime Wits to Pradice, Hijlorical CoUeBions. B D +75 They begia with the Palatinate, and lay the fault of the lofs thereof on the imputed Credit of Gondomar, diftrufting him for the ftayino of fupplytoSir Horatio Vere, when Colonel Cecil was ca ft on thatimploy- ment ^ by which the Kiag of Spain became Mafter of the Kings Chil- drens Inheritance. And when Count Mansfield had a Royal fupply of Forces to alTift the Princes of our party for the recovery thereof, either Plot or Error defeated the enterprife for us .to Stains advantage. That Sir Robert Mamfields Expedition to Algiers, iliould purchafe only the fe- curity and guard of the Spaniih Coafts. To fpend many Hundred thoufand pounds in the Cadiz-Voyage, againft the Advice in Parliament, only to warn the King of Spain to be in readmefs, and fo our felves weakned, is taken for a fign of an ill af- fedion amongft the Multitude. The fpendiag of much Munition, Vi(5tnals and Money, in my Lord WiUoughbies Journey, is counted an unthrifty error in the Diredor of it 5 To difarm our felves in fruitlefs Voyages, may feem a plot of danger. It was held not long ago a fundamental Rule of our Neighbors, and our Security, by the old Lord Burleigh, That nothing can prevent the Spanilh Monarchy, but a Faftnefs of thofe two Princes, whofe Amity gave countenance and courage to the Netherlands and German- Princes to make head againft his Ambition, And we fee, by this difunion, a fear- ful Defeat hath happened to the King of Denmark and that party, to the advantage of the Auftrian Family. And this wafteof Publick Treafure in fruitlefs Expeditions, will be an important Caufe to hinder any new Supply in Parliament. Another fear that may difturb the fmooth and fpeedy paffage of the Kings defires in Parliament, is the vaft wafte of the Kings livelihood; whereby is like, as in former times, to arife this jealoufie and fear. That when he hath not of his own to fupport his ordinary Charge, for which the Lands of tlie Crown were fetled unalterable, and called Sacrum pa- trimeniumPrincipis, that then he raiaft needs of necefllty reft upon thofe afliftances of the people, which ever were only coUeded and configned for the Commmonwealth •, from whence it is like there will be no great labor and ftiffnefs, to induce his Majefty to an Ad of Refumption •, fincc fuch defires of the State have found an eafie way in the will of all Princes, from the Thiid Henry unto the laft. But that which is like to pafs the deepeft into their Difpuces and care , is the late Preflures they fuppofed to have been done upon the Publick Liberty and Freedom of the Subjed , in commanding their Goods without aflent by Parliament, imprifoning and confining their Perfons without fpecial Caufe declared, and that made good againft them by the Judges lately, and pretending a Writ to command their atten- dances in Forein war ^ All which they are like to enforce as repugnant to any pofitive Laws, Inftitutions, and Cuftomary Immunities of this Commonwealth. And thefe dangerous diftaftes to the people are not a little improved by the unexampled courfe, as they conceive,- of retaining an Inland Army in Winter-feafon, when former times of general fear, as in Eighty eight, produced none fuch ; And makes them in their diftraded fears to con- jedure idly, it was raifed wholly to fubjed their Fortunes to the will of Power, rather then of Law •, and to make good fome further breach upon their Liberties and Freedoms at home, rather then defend us from P p p 2 any 1 3 Caroli, Hifiorical CoUeBions. +71 jiff 1627.1 any force abroad. How far fuch Jealoufies, if they meet with any un- ufual diforder of lawlefs Soldiers, are an apt difteraper of the loofe and needy Multitude, which will eafily turn away upon any occafion in the State that they can fide withall, as a glorious pretence of Religion and Publick fafety, when their Itrue end will be only rapine and ruine of all, is worthy a prudent and preventing care, I have thus far delivered, with that freedom you pleafed to admit, fuch Difficulties as I have taken up amongft the Multitude , as may arreft if not remove Impediments to any Supply in Parliament. Which how to facilitate, may better become the care of your Judgments, then my Ignorance. Only I could wifh to remove away a perfonal diftafte of my Lord Dnkeoi Buckingham amongft the people: He might be pleafed, it there be a neccffity of a Parliament, to appear firft Advifer thereunto, and of the fatisfaftion it (hall pleafe his Majefty of grace to give at fuch time to his people-, which I would wiQi to be grounded by prefident of his beft and fortunate Progenitors •, And which I conceive will fatisfie the defires and hopes of all, if it may appear in fome fort to be drawn down from him to the people, by the zealous care & induftry that my Lord of Buckinghdm hath of the publick unity and content. By which there is no doubt but he may remain not only fecare from any further quarrel with them, but merit a happy memory amongft them of a zealous Patriot. For, to ex- piate the paflion of the people, at fuch times, with facrifice of any of his Majefties Servants, I have found it — as in Bd.i, Rich. 2. Hen. 6, — ■ no lefs fatal to the Mafter, then to the Minifters in the end. A refclution to call a Par- liament. Thefe and fuch like Confiderations being reprefented to the King , ^an.29. A Refolution is taken at the Council-Table, to call a Parlia- ment, to meet the 17. of March following. And now Warrants are fent according to a preceding Order made in this moneih, to all parts, to releafe thelmprifoned Gentry, and confined Gentlemen, for the bufinefs of the Loan-monev: And as faft as Writs came to the Counties and Boroughs to choofe Members for Parliament , thofe Gentlemen who fuffered for the Loan were chiefly in the Peoples eye to be elefted to ferve for them in the enfuing Parliament, to prefent their Grievances, and aflert their Liberties. The Names of the Gentry, who about the time that Writs iffiied out for a Parliament, were releafed out of Reftraint and Confinement, appear by the enfuing Order and Lift, At Whitehall, Lord Treafurer^ Lord Prefident t Lord Admiral, Lord Steward, Lord chamberlain, Earl of Suffolk, Earl of Dor fet. Earl of Salisbury, Earl of Morton, Prefent, The Kings Mdje/ly, Lord Fifcount Centvaj, Lord Bijhop of Durham, Lord B. Bath and We lis > Mr. Treafurer, Mr. Comptroller, Ma(ler of the Wards, Mr. Secretary Cook, Mr. chancellor of the Exchequer, Mr. chancellor of the Duchy. 3ft Ht^orical CoUeBions. B D 4-77 1c 10 t\)iEfquires. ^Gent. Sir Francis Barrington Sir William Chancey All thefe remained confined to feveral Counties, Knights. ^Efquire. I ''Londoners. J Londoners. Sir Walter Earl Sir Thomas Darnell Sir Harboth Grimfton George Catesby Edward Hooker George Bafjet ^ames Wooldrond Henry Sanders \ All Prifonersin the^ Fleet. , Sir ^ohn H.eveningham "Knlo^hJ:. Samuel Fafjal William Angel In the Marjlulfey. Robert Lever ^ohn Peacock Edward Ridge John Oclabery Andrew Stone William Spurftorv Roger Hughes John Pope James Bunch Thomas Garrii James Waldron John Bennet ^Londoners, .'Londoners. Sir John Corbet 1 ^, • , Sir John Elliot ^^nights. William Coriton ^Efquire. John Stevens Thomas Deacsn John Potter In the Gate- hottfe, William Savage 7 Mathanael Mane ft jS In the New- Prifon, Ambrofe Aylot T him as Sharp Thomas Totham Augu(line Brabrook > Robert Payne Edward Talfton John Whiting ThomM Webb Jihn Ferry All in the Cu- ftody of a Meflenger, Order of the Council to fet at liberty the Gentry impri- foned for the Loan -money. } Orders HiHorical CoUeHions, An. 1627.1 A Parliament fummoned. A Commiffion for Inipofiti. ons. Thirty thou- fand pounds paid to Burle- mach to be re- turned by Bill of Exchange, toraifc Korcin Forces. Recufants taken at CkrhenweU. A Letter from a Jefuite con- cerning the enfuing Par- liament. Orders iflued alfo from the Council to the Lord Major and Alder- men of London , To ufe moderation in the demanding of the Loan- money from thofe of the City of London who deferred paiment. Aiid now Archbifhop Abbot, the Earl of Briftol, and the Billiop of Lincoln, notwithftanding the cloud they were under , are had in confideration by the King and Council, and Writs are ordered to be fent unto them to fit in the Houfe of Peers the enfuing Parliament. After the Writs of Summons went forth, the King gave dire(flion for a Commiffion to raife monies by Impofitions in nature of an Ex- cife, to be levied throughout the Nation , to pafs under the Great Seal. And at the fame time ordered the Lord Treafurer to pay Thirty thoufand pounds to Philip Burhmac a Dutch Mercliant in London, to be by him returned over into the Low-Countries by Bill of Exchange unto Sir William Bdfour and ^-ohn Dalbier, for the raifing of a Thoufand Horfe, with Arms both for Horie and Foot. The fuppofed intent of which German Horfe was, as was then feared, to inforce the Excife which was then fetting on foot. The Council alfo had then under confideration the Levying of Ship-money upon the Counties, to raife the King a Revenue that way. But now that a Parliament was called, the Council held it unfit and unfeafonable to debate thefe matters any further at that time. A little before the Parliament affembled , a Society of Recufants was taken in Clerkemvell •• Divers of them were found to be Jefuites, and the Houfe wherein they were taken was defigned to be a CoUedge of that Order, Among their Papers was found a Copy of this Letter written to their Father Redor at Bruxels , difcovering their Defigns upon this State, and their Judgment of the temper thereof, with a Conje<^ure of the fuccefs of the enfuing Parliament. Father Rector, LEt not the damp of Aftonijhmcnt feife upon your ardent and zealous foul, in apprehending the fadden and unexpected Catling of a Parliament : We have not oppofed, but rather furthered it • So that rve hope as much in this Parliament, as ever rve feared an) in Queen Elizabeth's dap. Tou muft knorv, the Council is engaged to afijl the King hy rvay of Prero- gative, in cafe the Parliamentary rvay ^wuldfail, Tou (hall fee this Parliament will refemble the Pelican, rvhich takes a pleafure to dig out rvith her beak her own bowels. The EleBion of Knights and Burgeffes hath been in fuch confttfion ef ap- parent Faction, as that rvhich rve were wont to procure heretofore with much art and induflry ( when the Spanifh Match rvas in Treaty ) now breaks out naturally as a botch or boil , and (pits and (pues out its own rankor and venom. Tou remember how that famous and immortal Statcfman the Count of Gondomar/f^ King James his fancy, and rocked him afleep rvith the [oft and [wcet found of Peace , to keep up the Spanijh Treaty. Likewife we were much bound to fame St ate [men of our own Country , for gaining time by procuring tho[e mo(i advantagiotis Ce(fations of Arms in the Palatinate , and advancing the Honor and Integrity of the Spanifh Nation, and vili- fying the Hollanders-, remon(lrating to King James, That that State rvas most ungrateful both to his Predece([or ^ueen Elizabeth , and his Sacred Ma jefty Htjlorical ColIcBions. I M.ijc(}y ; That the States were more obnoxious then the Turk, .r//// perpe- I I tiia/ly injured his Majeftics loving Siibjecis in the Eafl-InJies, and l/kewifs ', i they have tifiirpcd from his Majefiy the Regality and nnvaltiablc profit of I j the Narroiv-Sc.ti in fjhing upon the Englijh Coast, (jrc. I j 7 his great Statefman had hut one principal means to further their ^rcat j I and good dcftgns, tvhich rv.isto (et on King ]zxwQ'?>^ that none hut the Puntan- F action, tvhtch ^dotted nothing but Anarchy, and his Confufion, rvcre ai-erle :A to this mofl happy Union. Wc (leered on the fame Courfe , and have made j ; great ufe of this Anarchical Election, and have prejudicated and anticipated' I ■ the Great o:ie, that none but the Kings Enemies, and his, are chofen of thi^ ' ] Parliament, ,^c. , ;' I JVe have now mflny firings to our Bow, and have flron^ly fortified our 1 I Faction, and ha-^ e added two Bulwarks wore: Tor when King \imt'i lived \ \ \ {you know) he w.ts very violent agai.ifl Arininianifm, and interrupt- d ^ j j ( with his pefldent Wit and deep Learning ) our flrong Defi^ns in Hoi- j I B l^nd, and was 'a great Friend to that old Rebel and Berctick the Prince of j ■ Orange. ( Now we have planted that Soverai^n Brwr Armiiii.ir.ifm, which we j I hope will purge the Proteftants from their Hcrefte -, and it (loitrijlsth and i ( hears fruit in due feafon. , '■ I The Materials which build up our Bulwark, are the Prcjc^ors and Beg- \ gers of all ranks and qualities: Howfeevcr, both the^e FaBions cooperate to defray the Parliament, and to introduce a new f^ecies and form of Govern- ment, which is oligarchy. Thofe ferve as direct Mediums and Inflruments to our end, which is the Univerfal Catholick Monarchy, oar four.dation must be Mutation, and Mu- tation will caafe a Relaxation, which will ferve as fo many violent difeafcs, as the Stone, Gout,(^c, to the fpcedy diflraSfion of our perpetual and infuf- ferable anguifl) of body, which is wcrfe then death it felf. We proceed now by Councel and mature deliberation, how and when to work upon the Duke's ^ealoufie and Revenge-., And in this we give the \ D ! honor to thofe which merit it, which are the church-Cathelick^. There is another tnatter of Confecjuence , which we take much into our conftdcration and tender care, which is to flave off the Puritans, that they hang not in the Duke's ears , They arc impudent fubtile people. And it is to be feared Icfi they jhould negotiate a Reconciliation between \ the Duke and the Parliament : Tis certain, the Duke W3uld ^fadly have ' reconciled himfclf to the Parliament at Oxford, and VVeftminfter^ But now ; rveaffure eur (elves we have fo handled the matter, that both Duke and Par- i liament are irrcconcileable. \ For the better prevention of the Puritans, the Arminians have already locked up the Duke's ears; And we have thjfe of our own Religion, which (land continually at the Duke's Chamber, to fee who goes in and out : We can-not be too circumfpeff and careful in this regard. I cannot choofe but laugh to fee how fame of our own Coat have accoutred themfclves •, yon would fcarce know them, if yoit faw them : And 'tis a-'mi- rable, how in (^cech and geflure they act the Puritans. The Cam'oridge- Scholars to their woful experience jh/l fee we can ait the Puritans a tittle better then they have done the Jefuites : They have abufed our [acred P.itron Saint Ignatius in jc(i, hut we will make them (mart for itmearne(l. i hope you will excn(e my merry digre(^ion ; For I confcf unto you, I am at this time tran(portcd with joy to fee how happily all Inftruments and means, as well great as lefi, cooperate unto our purposes. But ■^Caroli. 4.8( Hijlortcal CoUeBions, An. 1627.1 The King's Speech at the opening of the Parliamenr. Bat to return unto the main Fabrick : Our foundation is Arminianifm •, The Aiminians and Projeftors, as it appears in the pemt^es, affeB mu- tation. This rve {ccond, and enforce by probable Arguments. /» the frfl place rve take into confideration the Kings honor, andprefent necefttj ., and m jhcw horv the King may free htmfclf of his Ward, as Lewis the Eleventh did. And for his great (plendor and luftre, he may raife a 'vafl Revenue, and not be beholden to his SubjecJs •, rvhich is by way of Impofttion of Exctfe. Then our Church-Caiholicks proceed to fheiv the means horv to fettle this Excife, which must he by a Mercenary Army of Horfe and foot, for the Horfe, rve have made that fure •, They jhall be Foremers, and Germans, rvho rviU eat up the Kings Revenues, and jfoil the Country rvherefoever they come, though they jhuld be rvell paid ; What havoc k rvill they make there, when they get no Pay, or are not duly paid ? They wiH do more mifchief, then we hope the Army rvill do. We are provident and careful, that this Mercenary Army of Two thoufand Horfe, and Twenty thoufand foot, jhall be taken on and in pay before the Ex- cife be fetled. In forming the Excife, the Country is moji likely to rife : if the Mercenary Army fubjugate the Country, then the Soldiers andProjeBors fhallhe paid out ef the Confi [cations 5 If the Country be too hard for the Soldi- ers, then they mu(i confequently mutiny, which is equally advantagious unto us. Our fupcrlative deftgn is, to work the Proteftants as well as the Catholicks to welcom in a Conqueror, and that is by this means : We hope inflantly to diffolve Trades, and hinder the building of Shipping , in devifing probable Defigns, and putting on the State upon Expeditions, as that of Cadiz was, in taking away the Merchants Ships, fo that they may net eafily catch and light upon the Weft-India Fleet, ^c. B The Parliament being afTembled the Seventeenth day of March, His Majefty began with this Speech. My Lords and Gendenien, D " ^ I ' Hefe Times are for Adion ; Wherefore for Examples fake, I *' I mean not to fpend much time in Words 5 expedtmg accordingly " -*■ that your (as I hope) good Refolutions will be fpeedy, not " fpending time unnecell'arily, or (that I may better fay) dangeroufly^ " For, tedious Confultations at this conjundlure of time, are as hurtful as " ill Refolutions. " I ara fure you now expe6f from me, both to know the caufe of " your meeting, and what to refolve on : Yet I think there is none here " but knows that Common danger is the caufe of this Parliament, and " that Supply at this time is the chief end of it : So that I need but point *' to you what to do. I will ufe but few perfwafions : For if to maintain " your own Advices, and as now the cafe ftands for the following there- " of, the true Religion, Laws, and Liberties of this State, and the juft " Defence of our true Friends and AUies, be not fufficicnt, thennoElo- " quence of Men or Angels will prevail. " Only let me remember you. That my duty moft of all, and every '•'one of yours according to his degree, is, to feek the maintenance "of this Church and Commonwealth : And certainly, there never " was a time in which this duty was more neceffarily required , then " now. B D Htjiorical ColleBions, /).8] " I therefore judging a Parliament to be the antient, fpeedieft, arid i 3 CatoH. " beft way in this time of Common danger, to give fuch Supply as to ! " fecure our felves, and to fave our Friends from imminent ruine, have " called you together. Every man now muft do according to his con- " fcience : Wherefore if you ( as God forbid ) fhould not do your duties " in contributing what the State at this time needs, I muft in difcharge " of my confcience ufe thofe other means which God hath put into my " hands, to fave that which the follies of particular men may otherwife " hazard to lofe. " Take not this as a Threatening , for I fcorn to threaten any but " my Equals 5 but an Admonition from him, that both out of natm*e " and duty, hath moft care of your prefcrvations and profperitics : And " ( though I thus fpeak ) I hope that your demeanors at this time will " be fuch, as lliall not only make me approve your former Councels, "but lay on me fuch obligations as fhall tie me by way of thankful- *'nefs to meet often with you : For, be alTured, that nothing can be " more pleafing unto me, then to keep a good Correfponcence with "you. " I will only adde one thing more, and then leave my Lord Keeper *' to make a fhort Paraphrafe upon the Text I have delivered you 5 which " is. To remember a. thing, to the end we inA-j forget it. You may imagine " that I came here with a doubt of fuccefs of what I defire, remembring " the diftradions of the laft Meeting : But I alTure you that I (hall very " eafily and gladly forget and forgive what is part, fo that you will at "this prefent time leave the former ways of diftiadfions, and follow " the Councel late given you, To mAtntnin the unity of the Spirit in the ^'- bond of Peace. The Lord Keeper feconded his Majefty on this manner. " -^^ E are here in Parliament by his Majefties Writ and R«yal com- " j^ mand, to confult and conclude of the weighty and urgent Bufi- " nefs of this Kingdom. Weighty it is, and great 5 as great as "the honor, fafety, and protedion of Religion, King and Country • " And what can be greater 1 Urgent it is -, It is little pleafure to tell or " think how urgent : And to tell it with circumftances, were a long " work : I will but touch the lum of it in few words. " The Pope and Houfe of Attftria. have long affeded , the one a " Spiritual, the other a Temporal Monarchy : And to effed their ends, " to ferve each others turn, the Hopfe of Juftria, befides the rich and " vaft Territories of both the Indies and in Africa joined together, are " become Matters of Spain and Italy , and the great Country of Ger- " many. And altJiough France be not under their fubjeiJtion, yet they " have invironed all about it -, The very Bowels of the Kingdom fwayed *' by the Popifh Fadlion : They have gotten fuch a part and fuch inter- " ceflion in the Government, that under pretence of Religion, to root "out the Proteftants and our Religion, they have drawn the King to " their adherence fo far, that albeit upon his Majefties interpofition by *' his Ambafladors, and his engagement of his Royal wjrd, there was "between the King aad his Subjeds Articles of Agrt^ement, and the "Subjtfls were quiet, whereof his Majcftv interefTed in that great " Treaty, was bound id fee a true accomplilhment ^ yet againft that ... Qiiq '' ftridt The Lord Keepers Speech. 4.8i Hifiorical ColIeBions. An. 1627. "ftri(fl Alliance, that Treaty hath been broken, and thofe of the Re- - " ligion have been put to all extremity, and undoubtedly will be ruined, "without prefent help. So as that King is not onely diverted froin " aflifting the Common Caufe, but hath been mifled to engage himfelf "in hoftile ad:s againft our King and other Princes, making way thereby " for the Houfe oi Auflria, to the ruine of his own, and other Kingdoms. " Other Potentates, that in former times did ballance and interrupt " the growing greatnefs of the Houfe of Aiiflria, are now removed and "diverted, lYicTurk hath made Peace with the Emperor, and turned " himfelf wholly into Wars with Afia. : The King of Sweden is em- " broiled in a War with Poland, which is invented by Spanilb pradlices, " to keep that King from fuccoring our part ; The King of Denmark " is chafed out of his Kingdom on this, and on that fide the Zound-^ fo "as the Houfe of Auftria is on the point to command all the Sea- "coafts from Dantzick to Enibden> and all the Rivers falling into the " Sea in that great extent: So as befides their power by Land, they " begin to threaten our Part by Sea , to the fubverfion of all our " State, " In the Baltifijue-SeZy they are providing and arming all the Ships " they can build, or hire 3 And have at this time their AmbafTadors " treating at Luheck , to draw into their fervice the Hans-Towns,^ " whereby taking from us and our Neighbors the Eaftland-Trade, by " which our Shipping is fuppUed, they expeft without any blow given " to make themfelves Mailers of that' Sea. In thefe Weftern parts, " by the Dunhrkers, and by the now French and Spanifli Admiral, to " the ruine of Filbing ( of infinite confequence both to us, and the " Low- Countries ) they infeft all our Coaft, fo as we pafs not fafely " from Port to Port, And that Fleet which lately aflifted the French " at the Ifle of Rhee, is now preparing at S, Andrews, with other Ships " built in the Coaft of Bifcay to reinforce it, and a great Fleet is making " ready in Lisbon 5 where befides their own, they do ferve themfelves "upon all Strangers Bottoms coming to that Coaft for Trade: And '^^ thefe great preparations are, no doubt, to aftault us in England or "Ireland, as they fliall find advantage, and a place fit for their " turn. " Our friends of the Netherlands, befides the fear that juftly troubles " them left the whole force of the Emperor naay fall down upon them, '' are diftradted by their Voyages into the Eaft, which hath carried both " Men and Money into another World, and much weakened them at "home. '' Thus are we even ready on all fides to be fvvallowed up -, The "Emperor, France and Spain being in open War againft us, Germany " overrun, the King of Denmark diftrelled, the King of Sweden diverted, " and the Low-Country-men difabled to give us alfiftance. " 1 fpeak not this to increafe fear, unworthy of Engli(h courages, " but to prefs to provifion worthy the wifdom of a Parliament : And " for that caufe his Majefty hath called you hither , that by a timely "provifion againft thofe great imminent dangers, our felves may be " ftrengthened at home, our Friends and Allies encouraged abroad, and " thofe great caufes of fear fcattered and difpeiled, ' ^;j" And becaufe in all Warlike preparations Treafure bears the name, "and holds the femblance of the nerves and finevvs ; And if a finew "be too ihort or too weak, tf it be eitiier fhrunk or ftrained, the part * n , < "becomes HiUorical CoUeBions, 4.85 B D " becomes unufeful ; It is needful that you make a good and timely '^' fupply of Treafure , without which all Councels wdJ prove fiuit- " lefs. I might prefs many Reafons to this end ; but I will but name " few. " Firft for his Majefties fake, who requires it. Great is the duty " which we owe hira by the Law of God ^ great by the Law of Nature " and our own Allegiance ; great for his own merit, and the memory " of his ever bleffed Father. I do but point at them : But methinks " our thoughts cannot but recoil on one Confideration teuched by his "Majefly^ which to me feems to found like a Parliamentary Padl or " Covenant. " A War vvas advifed here, Afliftance profelTed, yea and protefted " here : I do but touch it, I know you will deeply tliink on it -, and " the more, for the example the King hath kt you 5 His Lands, his " Plate , his Jewels he hath not fpared to fupply the War : What " the People hath protefted, the King for his pare hath willingly per- " fo?med. '' Secondly for the Caufe fake: It concerns us inChriftian cha- *' rity to tender the diftrefles of our Friends abroad 5 It concerns us " in Honor, not to abandon them, who have ftood for us. And if " this come not clofe enough , You (hall find our Intereft fo woven " and involved with theirs , that the Caufe is more ours then theirs. *' If Religion be in peril, we have the moft flourifhing and Orthodox "Church: If Honor be in queftion, the Stories and Monuments in ''former Ages will (hew, that our Anceftors have left us as much as " any Nation : If Trade and Commerce be in danger, we are Iflanders, " it is our life. AH thefe at once lie at ftake, and fo doth our fafety " and being. "Laftly in refped of the manner of his Majefties demand, which " is in Parliament, the way that hath ever beft pleafed the Subjtds of " England. And good caufe for it : For, Aids granted in Parliament " work good effeds for the People -, they be commonly accompanied " with wholfom Laws, gracious Pardons, and the like. Be(ides, juft " and good Kings finding the love of their People, and the readinefs "of their Supplies, may the better forbear tlie ufe of their Prero- " gatives , and moderate the rigor of the Laws towards their Sub- "jefts. " This way, as his Majefty hath told you, he hath chofen, not '' as the onely way, but as the fitteft 5 Not as deftitute of others, but " as moft agreeable to tlie goodnefs of his own moft gracious difpo- "fition, and to the defire and weal of his people. If this be defer- " red , Nece(fity , and the Sword of the Enemy make way to the "others. Remember his Majefties Admonition-, I (ay, remember "it. "Let me but add, and obferve Gods mercy towards this Land " above all others. The Torrent of War hath overwhelmed otlier "Churches and Countries-, but God hath hitherto reftiainjd it from " us, and ftill gives us warning of every approaching danger, to fave " us from furprife. And our gracious Soveraign in a true fenfe of it "calls together his High Court of Parliament, the lively Reprefen- " tation of the Wifdom, Wealth, and Power of the whole Kingdom, " to join together to repell thofe hoftile Attempts, which have diftreffed " our Friends and Alljes, and threatned our felves. Qcjq 3 And 3 Caroli, 4.84 Hiflorical CoUeBiom, -^n. i6i-]. S\r John Finch being chofcn I Spcaker,Tnadej this Speech to Ills Majcfty. { " And therefore it behoves all to apply their Thoughts unto Councel and Confultations , worthy the greatnefs and wifdom of this AfTembly •, To avoid difcontents and divifions , which may diftemper or delay •, And to attend that Unum Ncce([arium , the "Common Caufe •, propounding for the fcope and work of all the " Debates, the general good of the King and Kingdom, whom God " hatli joined together with an indiffoluble knot , which none muft " attempt to cat or untie. And let all , by unity and good accord, "endeavour to pattern this Parliament by the beft that have been, *■' that ir may be a Pattern to future Parliaments, and may infufe into " Parliaments a kind of Multiplying power and faculty, whereby they "maybe more frequent, and the Kiag our Soveraign may delight to " fit on his Throne, and from thence to diftribute his graces and favors " amongft his people. " His Majefly hath given you caufe to be confident of this you " have heard from his Royal moBth ^ which neverthelefs he hath " given me exprefs command to redouble : If this Parliament, by '' their dutiiul and wife proceedings , fliall but give this occafion , " His Majcfty will be ready, not onely to raaniTeft his gracious ac- " ceptation , but to put out all memory of thofe diftafles that have " troubled former Parliaments. '' I have but one thing more to adde, and that is. As your Con- " fultations be ferious, fo let them be fpeedy. The Enemy is before- '• hand with us, and flies on the wings of Succefs. We may dally and *' play with the Hour-glafs that is in our power , but the Hour will '' not ftay for us •, and an Opportunity once loft , cannot be re- *' gained. " And therefore refolve of your Supplies, that they may be timely, " and fufficient, ferving the Occafion : Your Councel, your Aid, all " is but loft, if your Aid be either too little,or too late : And his Majefty " is refolved , that his Affairs cannot permit him to exped it over- " long. Sir ^'ohn Finch being chofen Speaker, made this Addrefs to his Majefty, Wedncfday the Nineteenth of March. Moft Gracious Soveraign, Your obedient and loyal Subjeds, the Knights, Citizens an J Burgefles by your Royal Summons here aftembled, in obedi- ence to your gracious dire(5tion, according to their antient "ufage and privilcdgc , have lately proceeded to the Choice of a " Speaker •, And whether fequeftring their better Judgments for your "more weighty Affairs-, or to make it known, that their Honor and "• Wifdom can take neither increafe, or diminution , by the value or " demerit of any one particular Member in wliat place foever ferving " them •, Omitting others of worth and abihcy, they have fixed their " eyes of favor and affe(5tion upon me. Their cc B D Historical CoUeBions, " Their long knowledge of my unfitnefs every way to undergo a " charge of this important weight and confequence, gave me feme hope " they would have admitted my juft excufe : Yet for their farther and " clearer Dtisfadion, I drew the Curtains and let in what light I could up- " on my inmoft thoughts, truly and really difcovering to them what my " felt beft knew, and what I moft humbly befeech your Royal Ma- "jcfty to take now into your confideration th^t of fo many hun- "dreds fitting amongft them, they could have found few or none whofe prefentation to your Majefty would have been of lefs repute or advantage to them : for et impeditioris lingux (ujtt^^ and the poor " experience I have of that Royal Aflembly is fo ill ballanced with cc true Judgement, that every guft and wave hath power on me ' whereby I (hall not onely fuffer in my own particular, but (which I ap- *' prehend with much more care and forrow) do prejudice to their com- "monintereft. '• "Wherefore, dread and dear Soveragin, as low as the loweft ftep of " your Royal Throne, I humbly bend, appeaUng to your great and So- " veraignjudgement, for ray difcharge from this to unequal a burthen im- " poled on me-, moft humbly and earneftly befeeching your moft excellent *'' Majefty, for the Honor of that Great Council, and the better digcftion of Publick fervices, there, and withal to avert foill an Omen, as the " choife 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 gra- " cious Command the Houfe may reconfult, and fettle their thoughts " on fome more worthy their Eledion and your Majefties Approba- cc cc tion. But his Majefty not admitting his excufe, approved of the choife. Before the Commons had entred into any Debates, this following Letter, touching the Inconveniencies and Grievances of the State was communicated to the Members of the Houfe, and it was called A Speech without doors. To my noble friends of the Lort^er^ Houfe of Parliament, "IF any Country had held me worthy to have ferved in this Parlia-' " Ament, I had now been made a Member of your Lower-Houfe, as for- _ " merly 1 have been in fundry other Parliaments : But how unkindly foe- " ver flie dealeth with me, I will ever (hew ray faithfulnefs to her,and deli. '• ver, by way of obfervation, what I have heretofore learned in that " grave and wife Aftembly 5 for admonition to the elder, and a path-way , " for the younger to walk in. '• Parliaments in my time have been wont to take up fome fpace at " the fii ft meetings, to fettle the Houfe, and to deteiinine 0I unlawfull " Elcilions • and in this prefent they never had greater caufe to be cir- j "cumfped:, then at this time: Forbyan Abule lately crept in, there is " introduced a cuftom, which if it be not forefeen and prevented, will be "a great derogation to the Honor, and a weakningto thepower of your " Houfe. Wliere the JLaw givetJi a freedom to Corporations to eled ^ "^Burgefl es 3 C/ireli, The Speech without doors. 4-86 Htjlorical CoUeBions. Ah. 1627.1 '* BurgelTcs, andforbideth any indireift courfe to be taken in their Ele»5ti- " ons •, many of the Corporations arc fo bafe-minded, and timerous, that " they will not hazard the indignation of a Lord Lieutenants Letter, who ** underhand fticks not to threaten them with the charge of a Musket or "a Horfeat the Mufter, if that he hath not the Ele\)cmn toe tb?ougb ©oDs blefsing intcnD to implop our utmoCf enDeatozs, bumblp befeecb pour g^ajcop, tbat bp pour fpe cial CommanD one o? mo?e Daps map be fo^tOtoitb folemnlpfet apart, to^ereinbotbourfclbes anDtbetw&ole fiiingDom map bp faOmg anD piapers feel; reconciliation at tb^ banDs of ^Imtflbtp HiUorical, CoUeBions:^ 4-91 B D cc 3IImigtitj) (55oD,anD xvitl) bumWc anti pcnitant t)cart0 befcrcD Ijim to w mcibc ttjofc mifcrie0 tW lie upon U0 ? cur ncigl;boi CljurcUc^, to abett tOofc totjicl) are tf)?eatncD,to contuuic t\)c fat)o?0 lue retcniop, anD pactt- fularlj) to bcffotu bt0 abunL^ant blcfeing upon pout ^ajedp ant) tits p^cfent ^arliamc nr, fo tl;at all our iCaunfcl^ anO Eefcluttons being blcffeD bp bis iDibuic afeiffance, map p?uDuce mucD Oono? anD fafetp to pour ^ajeQp, pour people anD Wm, Saturday the 22 o^ March was fpent in opening the grievances and ftate of the Kingdom, as billeting of Soldiers, Loans by Benevolences and Pri- vy-Seal, and the imprifoning certain Gentlemen who refufed to lend upon that account, who afterwards bringing their Habeas Cerfits vvere notwith- ftanding remanded to prifon •, nor did the Houfc endine to Supply his Ma- jefty till thefe Grievances were redrefTed : To which purpofe Sir Francis Seimottr thus began •, '*' This is the great Council of the Kingdom, and here (if not here a- " lone) his Majefty may fee as in a true glafs the ftate of the Kingdom-, we " are called hither by his Majefties writs to give him faithful counfel, fuch " as may iland with his honor-, but this wemuft do without flattery : we are " fent hither by the Commons to difcharge that truff repofed in us,by de- "livering up their juft grievances,and this we muft do without fearrlet us not "therfore be like C4w^;i/(?iJudges,who being demanded of their KingjWhe- " ther it were not lawful tor him to do what in it felf was unlawful^ They(rx- *' ther to pleafe the King,then to difcharge their own confciences)anfwer- " cd, that the Pcrfian Kings might do what they lifted : This bafe flattery " tends to raifchief,being fitter for reproof then imitation -, and as flattery, " fo fear taketh away the judgment, let us not then be poi?'elIed with fear *' or flattery, of corruptions the bafeft : For my own part, I fliall fliun both '* thefe, and fpeak my confcience with as much duty to his Majefty as any " man, but not negleding the Publick,in which his Majefty and the Com- " monwealth have an Intereft : But how can we (hew our affedions whilft " we retain our fears < or how can we think of giving of Sublidies, till we " know whether we have any thing to give or no •: for if his Majefty be per- " fwadedby any to take from his Subjcds what he will, and where it plea- "fethhim-, I would gladly know what we have to give -r Its true, it is ill " with thofe Subjects that (liall give Laws to their Princes, and as ill with '' thofe Princes which Hull ufe force with thofe Laws 5 that this hath been " done, appeareth by the billetting of Soldiers, a thing no way advantage- " ous to his Majefties fervice, but a burden to the Commonwealth 5 This '" alfo appeareth by the laft Levy of money againft an adt of Parliament : " Again, Mr Speaker^ what greater proof can there be of this,then the im- " prifonment of divers Gentlemen for the Loan, who if they had done the " contrary for fear, their fault had been as great as theirs that were the Pro- "jedlorsinit -, and to countenance thefe Proceedings, hath it not been " preached (or rather prated) m our pulpits, that all we have is the Kings, "y-ure Dwino < fay thefe time-fervers-,they forfakc their own fun(5lion,and "turn ignorant States-men ^ we fee how willing they will be to change a good confcience ior a Biihoprick, ?nd (Mr Speaker)we fee how eafie it is for a Prince,how )uft and good foevcr, to be abufed,in regard he muft fee with other mens eyes,and hear with other mens ears. Let us not flatter his M-'^jeftyjit is too apparent to all the world,the King and people fufFer more tiow then ever : His Majefty in his Affairs abroad, and his Peo-ple " ia their Eftates at home : But will you know the realbn of all this, let us ^'look Caroli. cc (( Debates touching Grievances. Sir Fnnck Seimour. 4-9^ HiHor'tcal CoUeBions, An. iSij. Sir Thomm Wentworth. (C cc " look back to the Aftions of former Princes, and we (hall find that thofe " Princes have been in greateft want and extreamity that exadled moft of " their Subjeds and moft unfortunate in the choice of their Minifters, and " to have failed moft in their undertakings-, happy is that Prince that hath "thofe that are faithful of his Council: That which his Majefty wanted in '' the management of his Affairs concerning France and Spain, I am clear " was his want of faithful Council to advife. The reafon is plam,a Prince is " ftrongeft by faithful! and wife Council, 1 would I could truly fay, fuch " have been imployed abroad. I will confefs, and ftill ftiall from my heart, " he is no good Subje(5f,nor well affeded to his Majefty and the State,that will not willingly and freely lay down his life, when the end may be the fervice of his Majefty, and the good of the Commonweale : But on the contrary, when againft a Parliament Law the Subject fhall have taken " from him, his goods againft his will, and his liberty againft the Laws of " the Land : (hall it be accounted want of duty in us to ftand upon our Pri- " viledges, hereditary to us,and confirmed by fo many A(5ls of P.irliament. "In doing this we (liall but tread the fteps of our forefathers, who ever " preferred the Publick Intereft before their own right, nay, before their " own lives •, nor can it be any wrong to his Majefty to ftand upon them fo " as thereby we may be the better enabled to do his Majefties fervice 5 but " it will be a wrong to us and our pofterity and our confciences, if we vvil- " lingly forego that which belongs unto us by the Law of God, and of the "Land, and this we fhall do well toprefentto his Majefty 5 we have no "caufe to doubt of his Majefties gracious acceptation. " This Debate (faid Sir Tbo .W-entrvorth) carries a double Afpedt towards "theSoveraignand the Subje(5t,though both be innocent,both are injured, "and both to be cured: Surely,in the greateft humility^^I fpeak it,thefe ille- " gal ways are punifliment and marks of indignation, the raifing of Loans " Itrengthned by Commi(rion,with unheard of Inftrudion^/and Oathes,the " billettingof Soldiers by the Lieutenants, and Deputy Lieutenants, have "been as if they could have perfwaded Chriftian Princes, yea worlds, that " the right of Empires, had been to take away by ftrong hands, and they " have endeavored as far as pofTible for them, to do it. This hath not been " done by the King (under the pleafing ftiade of whofe Crown I hope we *' (hall ever gather the fruits of Juftice)but by Proje(5lors,who haveextend- " ed the Prerogative of the King, beyond the juft Symetry,which maketh " a fweet harmony of the whole : They have brought the Crown into " greater want then ever, by anticipating the Revenues 5 And can the " Shepherd be thus fmitten and the Speep not fcattered :" They have intro- *' duced a Privy-Council ravifliing at once the Spheres of all ancient Go- " vernment, imprifoning us without either bail or bond •, they have taken " from us, what 5 (hall I fay indeed,what have they left us ^ AH means of " fupplying the King and ingratiating our felves with him, taking up the "root of all propriety, which if it be not feafonably fet again into the "ground by his Majefties own hands,we Hiall have infleed of beauty, bald- " nefs. To the making of thofe whole, I (hall apply my felf, and propound " a Remedy to all thefe difeafes. By one and the fame thing have King " and People been hurt, and by the fame muft they be cured • to vindicate, " what, new things ^ no our ancient vital Liberties, by reinforcing the an- " cient Laws made by our Anceftors, by fetting forth fuch a Chara<5ler of " them, as no licentious fpirit dull dare to enter upon them ♦, and (hall we think this is a way to break a Parliament i no,our defires are modeft and juft, I fpeak truly, both for the intereft of Kmg and People, if we in- joy not thefe, it will be impoffible for to relieve htm. Therc- B D (C (C 't Hi^orical CoUeBions. B D CC ' Therefore let us never fear they fliall not be accepted by his good- " nefs^ wherefore I (hall fhortly defcend to my motions confifting of four " parts,two of which have relation to our perfons,tvvo to the propriety if " goods for our perfons •, firft, the freedom of them from imprifonment. " fecondly, from imployment abroad, contrary to the ancient Cuftoms •. " For our goods, that no Levies be made, but by Parliament -, fecondly, " no billetting of Soldiers: It is moftneceflary that thefebe refolved, " that the Subjed may be fecured in both. Sir Benjamm Rudyard dinds up as a Moderator, and fpake thus : " This is the Chryfis of Parliaments ^ we (liall know by this if Parlia- " ments live or die,the King will be valued by the fuccefs of us, the Coun- "cilsof this Houfe will have opperations in all, 'tis fit we be wife, his *' Ma jefty begins to us with affedlion, proclaiming, that he will relieon " his peoples love ^ prefervation is natural, we are not now on the l^ene e[fe, "but on the effe ^ be lure EngUndis ours, and then prune it 5 Is it no fmall " matter that we have provoked two moft Potent Kings C we have united '' them, and have betrayed our felves more then our enemies could : Men *' and Brethren, what lliall we do •'. is there no balm in Gilead 1 if the King " draw one way, the Parliament another, we mufl: all fink: Irefpcdl no " particular, I am not fo wife to contemn what is determined by the major " part, one day tells another, and one Parliament inftrufts another. I defire " this Houfe to avoid all conteftations, the hearts of Kings are great, 'tis *' comely that Kings have the betcr of their Subjeds •, give the King leave *' to come off, I believe hisMajefty expedlsbut theoccafion, 'tislawfull, " and our duty to advife his Majefty, but the way is to take a right courfe " to attain the right end-, which I think maybe thus-, by trufting the " King,and to breed a truft in him,by giving him a largcSupply according " to his wants, by proftrating our Grievances humbly at his feet, from " thence they will have the beft way to his heart, that is done in duty to his " Majefty ; And to fay all at once. Let as all labor to get the King on our " fide, and this may be no hard matter, confidering the neer fabfiftence *' between the King and people. Sir Edward OoKpake next. ^^Dumtempfis hahcmushnumoperemur, lam abfolutely to give Sup- " ply to his Majefty, yet with fome caution : To tell you of Forein dajigers " and inbred evils, I will not do it ; the State is inclining to a confumpti- "on, yet not incurable -, I fear not Forein Enemies, God fend us peace at " home -, for this difeafe I will propound remedies,! will feek nothing out " of mine own head, but from my heart, and out of Ads of Parliament -, I " am not able to fly at all Grievances, but only at Loans : Let us not flat- '' ter our felves ; who will give Subfidies if the King may impefe what he "will ^ and if after Parliament the King may inhaunce what he pleafeth ^ " Lknow the king will not do it, I know he is a Religious Kmg, free from " perfonal vices, but he deals with other mens hands, and fees with other " mens eyes -, will any give a Subfidy, that may be taxed after Parhament " at pleafure c" the King cannot tax any by way of Loans, I differ from " them who would have this of Loans go amongft Grievances, but I " would have it go alone. " He begin with a noble Record,it cheers me to thiak of it, 2 5 . £. 3 . it ^'is worthy to be written in letters of gold ^ loans againft the will ol the " Subjefl are againft reafon and the Franchifes of the Land, and they de- *' fire reftitution : what a word is that Franchife -r The Lord may tax his Villain high or low, but it is againft the Franchifes of the Land, for free- Sff men CC 3 Caroli, Sir Benjamin Rudyard afts the part of a Moderator. * Sir Edward. +98 HiHorical CoUeBions, An. 1627. Vff Secretary Cook: Sir Robert Philifs. " men to be taxed but by their confent in Parliament •, Franchife is a " French word, and in Latineit is Libertas. In Magna Charta it is provi- " ded, that Nullus liber homo capatur -vel impifonetur aut di^eifutur de libera " teaementofitOjScc. mfifer legale judicium farium [uorum vel per legem terr^t--, " which Charter hath been confirmed by good Kings above thirty times. When thefe Gentlemen had fpoken, Sir J-ohn CM)fr,Secretary of State took up the matter for the King, and concluded for redrefs of Grievances, fo that Supplies take the precedency - And faid, " I had rather you would hear any then me •, I will not anfwer what " hath been already rpoken-,my defire is not to ftir,butto quiet,not to pro- " voke,but to appeafe: my defire is,that every one refort to his own heart " to reunite the King and the State, and to take away the fcandal from us; " every one fpeaks from the abundance of his heart : I do conclude out of " every ones Conclufion,to give to the King, to redrefs Grievances •, all " the difference is about the manner •, we are all Inhabitants in one Houfe, " the Commonwealth, let every one in fomewhac amend his houfe, fome- " what is'amils :" but if all the Houfe be on fire, will we then think of a- " mending whats a mifs:' will you not rather quench thefirec'the danger all "apprehend. The way that is propounded, I feek not to decline •, illegal " courfes have been taken, it muft be confeflfed, the redrefs muft be by " Laws and Punifhment : but withal add the Law oiNecepty •, Neceflfity ''hath no Law, you muft abilitate the State to do ; what you do, byPe- " tirion require. It is willied we begin with Grievances,! deny not that we " prepare them,but (hall we offer them firft : will not this feem a Conditi- " on with his Majefty i do we not deal with a wife King, jealous of his "Honor:' All Subfidies cannot advantage his Majefty fo much, as that " his Subjedls do agree to Supply him : This will amaze the Enemy more " then ten Subfidies ^ begin therefore with the King, and not with our " felves. " This dayes Debate (faid Sir Robert Philips) makes me call to minde " the cuftom of the Romans, who had a folemn feaft once a year for their " Slaves,at which time they had liberty (without exception) to fpeak what " they would, whereby to eafe their afflided minds, which being finiftied, " they feverally returned to their former fervitude. This may with fome " refemblance and diftin6lion well fet forth our prefent State ; where now " after the revolution of fome time, and grievous fufferings of many vio- " lentoppreffions,we have(asthofe Slaves had) a day of liberty of fpeech; " but (hall not, I truft, be herein Slaves, for we are free : we are not Bond- " men,but Subjedls • thefe after their Feaft were Slaves again ^ but it is our " hope to return Freemen. I am glad to fee this mornings work, to fee " fuch a fenfe of the Grievances under which we groaa. I fee a concur- *'rfence of grief from all parts, to fee the Subjed wronged, and a fit way " to fee the Subje(fl righted : I expedled to fee a divifion,but I fee honora- "bleconjundlion,andItakeit agood Omen. It was wilhcd by one, that " there were a forgettulnefs of all, let him not profper that wifheth it not. " No, there is no fuch wayes to perfecft remedy, as to forget injuries, but *' not fo to forget, as not to recover them. It was ufual in Rome to " bury all injuries, onpurpofeto recover them. It was faid by aGentle- '* man that ever fpeaks freely : JVe muft fo govern our felves, at if this Par- " liament muft be the Chrjfts of all Parliaments, and this the laft. I hope " well, and there will be no caufe for the King our Head to except againft ' us, or we againft him. The dangers abroad are prefentcd to us, he is no f'Englifti man that is not apprehenfive of them ^ Sommerfet- " pleafed to command me to leek the removal from them of the greateft y^-""^- " burthen that ever people fuifered. It was excellently faid,Commiflionary " Lieutenants do deprive us of all Liberty-, if ever the like was feen of the " Lieutenancy that now is, I will never be believed more -, They tell the " people they muft pay fo much upon a warrant from a Deputy Lieutc- '* nant, or be bound to the good behavior, and fent up to the Lords of the "Council^it is the ftrangeft Engine to rend the Liberty of theSubjed that " ever was-, there was now a Dcctm'uiri in every County, and amongft that " Decemviri there is fome Claudius Apfius that feek their own revenues •, " we complain of Loans and Impofuions, but when Deputy Lieutenants " may fend warrants to imprifon our perfons at pleafuie,if we pay not what " they fent for, it concern us to preferve the Country in Freedom, and to " confider of this kind of people. There is now ncccfity brought in for an " argument, all know that ticccpty is an armed raan,an J that neccftity is an " evil Councellor^ would we had never known that Council-, we are almoft " grown like the Turks, who fend their Janizaries, who place the Halberd " at the door,and there he is mafter of the houfe. We have Soldiers billet- " ted,ani warrants to colled money ,which if they do not,th,e Soldiers muft cc Sff cc come 500 Hifiorical CoUeBtons, Scots. J;t. '1627 \ B " perifh in Goal, O Improvident Anceftors ! Oh unwi " be fo curious in providing for the quiet polTeflion W ( " come and rifle. The Romans fending one into Spain, found no greater "complaint then the difcontent that did arife from Soldiers placed "amongftthem. 1 would you would look into Ferte[cue where he puts " the Prince in minde, what mifery he faw where Soldiers were put " upon the people : But (iiith he, No man is forced to take Soldiers " but Inns, and they to be paid by them ; I defire we refort to his Majefty " for redrefs, and to reduce all into bounds. " The other way of Grievance is a Judgement in a legal courfe of pro- " ceeding •, we have had three Judgements of late times,all exceeding one " another in prejudice of the Subjeft: The firft was,That that was judged " in all formality, the * Toftmti Cafe,which people I honor ; for we finde " many of them love us more then we do our felves ; I do not complain of " it, but onely mention it. '' The other Judgement was for Impofitions, which was given in the " Exchequer, and this Houfe two times after damned that Judgement : " how remifs our eyes are upon that I grieve to fee. " There is a Judgement, if I may fo call it, a fital Judgement againft "the Liberty of the Subjed, Mich. 3. Car. in Sir ^ohn Hcveninghams "cafe argued at the Bar, and pronounced but by one alone-, I can live, " although another without title be put to live with me-, nay, lean live, " although I pay Excifes and Impofi tions for more then I do 5 but to have " my liberty which is the foul of my life taken from me by power ,and to be " pent up in a Goal without remedy by Law, and this to be fo adjudged to ife forefathers ! to our Lands and Li- " berties of Parliament, and to negledl our perfons and bodies, and to let "them die in prifon, and that darante kneplacito, remedilefs: If this be " Law, what do we talk of our Liberties ^ why do we trouble our felves " with the difputeof Law,Franchifes,Propriety of goods c" It is the Sttmma " totalis of all miferies 5 I will not fay it was erroneous, but I hope we (hall " fpeak our minds when that Judgment comes here to be debated. " What may a man call his,if not Liberty 1 Having pafled in fome con- ! D " fufion in the fafliion of my delivery, I conclude : We will confider two " particulars, his Majefty ,and his People: his Majefty cals to us,and craves " our afliftancc to revive again his Honor, and the Honor of the Nation : " The people fend us, as we hope, with that diredion, that we (hall return " to them with that Olive-branch, that alTurance of being free from thofe " calamities under which they can hardly breathe. Our fins have brought *' on us thofe miferies, let us all bring our Portion to make up the wall : we " come with Loyal hearts -, his Majefty (liall find, that it is we that are his " faithfuU Councellors -, let all Sycophants be far removed from his Majc- " fty, fince we cannot help his Majefty without opening our Grievances -, " let usdifcharge our duties therein-, yet while we feek Liberty ,we v/ill not " forget Subjedion -, all things a State can be capable of,either bleffings or " puni(hments,depcnd on this meeting-, if any think the King may be fup- " plied and thtCommonwealth preferved without redrefs of Grievances, " he is deceived. The Kings of £»^/W were never more glorious then " when they trufted their Subjeds - let us make all hafte to do the Errand " for which we came, let the Houfe confider to prepare our Grievances fit *' for his Majefties view, not to make a Law to give us new Liberties, but " Declaratory,with refpedive Penalties-, fo that thofe which violate them, " if they wauld be vile,they (liould fear infamy with men^and then we (hall " think of fuch a Supply as never a Prince received, and with our monies " we Historical CoUeBions. 501 B D , " we fliall give him our hearts, and give him a new people raifed from the "• dead : Then I hope this Parliament will be entituled, The Parliament of I " wonders, and Gods judgements diverted, and thefe beams of goodnefs " (hall give us life, and we fliall go home to our Countries, and leave our " Pofterity as free as our Anceftors left us. But thisday,as alfo the two next dayes Debate produced no Refoluci- ons, the time being fpent in a general opening of Grievances from all parts of the Kingdom. MofjJay 2^ March Secretary Cook renewed the motion of Supplies for hisMajefty, yet fo that Grievances belikewife taken into Confideration. " We all think fit (faid he) that both thefe go hand in hand together; '" but let me put you in mind of that which concerns the King,let him have " the precedency of honor, if not of time, let the heads of the Kings Sup- " ply firft be propounded,this will be an honor to the King,and will do fer- " vice to the Houfe •, the end of this Parliament is the fubfiftence of the "King, ashehimfelf hath declared, and fucha Command is not to be " flighted •, the King himfelf propounded it, and then he will agree with " us in other requefts that are fit for a King to give ; we that have the hap- " pinefs to attend his Majefty, can tell you, that no King is more ready to " hear the complaints of his Subjc(5t3, and withal you know no King is " more fenfible of all reproaches which touch his Honor. " Will It not be fit to grant him this Honor,to have the Precedency < " It was the Speech of an ancient Parliament man, Let us deal gently with " our King-, by thefe Laws that we make we do bind our felves, and it is an " addition of his pOwer : None that dies but leaves his heir to the favor of " the King, none that lives but needs the favor of the King : we havino^ " made our fii fl union with God, it is next intended, that we be at one with " our King, is it not fit we be at peace with our Head c" his Majefty defires " it,and expefts it : After this unity with our head, there is confideration to " be had of unity with our felves,after this we fliall be all knit in one body, " we fliall all pronounce clearly ShihUth^and we fliall confider of the Grie- " vances and irregularities of the times, which none defires to be refor- " med more then his Majefty and thofe whom you think moft averfe : " Let us take the beft way for Reformation : And will not this be a happy " union, if the wliole body concur to reduce all into regularity c" if Laws be '' our Buth-rights, we fliall hereby recover them and their fplendor -, this " will have good afpedt abroad, and it will give courage to our men that "have been defpifed, and will prevent pradifes to continue divifionsa- " mongft us both at home and abroad. The firft Sower of feeds of diftra- " ftions amongft us, was an Agent of Spahi, Gotidomar, tliat did liis Mafter " great fervice here and at home. " Since that we have had other Minifters that have blown the fire: The " ArabafTador of France told his Mafter at liome,what he had wrought here " the laft Parliament, namely, divifions between King and people, and he " was rewarded for it. Whilft we fit here in Parliament,there was another " intended Parliament of * Jefuites and other well-willers,withinamile of " this place-, that this is truc,was difcovered by Letters fent to Rome : The " place of their meeting is changed,and fonieof them are there where they " ought to be ^ if you look in your Calendar, there is a day of St ^o[(ph^ " it was called in the Letter the Oriental day, and that was the day intend- " ed for their meeting. I fpeak this to fee Gods hand to work our union " in their divifion ^ they are not more rtnt from us, then they are from " themfelves. I defire the meaneft judgement to confider what may follow • by 3 Caroli. Secretary Cooli moves foe Supply for hisMajerty. In Clerkenivd. 501 Hijiorical CoUeBions, An. 161-]. ThurMay March 15- Mr Secrerary Cool\ tenders Propofitions touching Sup- ply. The Houfe turned into a Committee. Habeat CorfM and the Li- berty of the Subjcft deba- ted. Mr Crefwel. " by giving precedency to hisMajefty,and by fo doing, we (hall put from "our felves, many imputations. If we give any occafion of breach, itis "a great diladvantage •, if otherwife itis an obligation to his Majefty, " which his Majefty will not forger. Then he made a motion, that the fame Committee may hear Propo- fitions of general heads of Supply, and afterward go to other bufinelfes of the day for Grievances. Others preferred the Confideration of Grie- vances, as a particular ropt that invades the main liberty of the Sub- jed. It is the Law (Hud they) that glorious hindamental Right, where- by we have power to give •, we defire but that his Majefty may fee us have that right therein, which next to God we all defire -, and then we doubt not but we (liall give his Majefty all fupply we can : The time was when it was ufual to defire favors for fowing difcords, as Gondomar did for Raleigh's head. But the debates of this day came to no Rcfolution. The day following Mr Secretary Cook tendred the Houfe certain Pro- pofitionsfrom the Kmg, touching Supply •, and told them. That his Maje- fty finding time precious, expeds that they ihould begin fpeedily, left they fpend that tim.e m deliberation which fliould be fpent in adion^ that he efteems the Grievances of the Houfe his own, and ftands not on Prece- dence in point of honor. Therefore to fatisfie his Majefty, let the fame Committee take his Majefties Propofitions into confideration, and let both concur, whether to fit on one in the forenoon, or the other in the afternoon, it is all one to his Majefty. Hereupon the Houfe turned theml'elves into a Committee, and com- manded Edward Littleton Efquire unto the Chair, and (Ordered the Com- mittee to take into Confideration the Liberty of the Subjed, inhisPer- fon and in his Goods •, and alfo to take into Confideration his Majefties Supply. In this Debate the Grievances were reduced to fix Heads, as to our Perfons. Attendance at the Council Board. Imprifonment. Confinemenr. Defignation for Forein Imployment. Martial- Law. Undue Proceedings in matter of Judicature. The firft matter debated,was the Subjeds Liberty in his Perfon •, the particular inftance was in the Cafe of Sir ^ohn Heveningham^ and thofe other Gentlemen who were imprilbned about Loan-money, and thereup- on had brought their Habc.ts Corpus, had their Cafe argued, and were ne- verthelefs remanded to Prifon, and a Judgment,as it was then faid,wasen- tred. Whereupon Mr. Crcfrvell of Lincolns Inn fpake to this purpofe. " Juftice (faid he) is the Life and the Heart-blood of the Common- "wealth : and if the Commonwealth bleed in the maftervein, all the '• Balm in Gilead is but in vain to preferve this our Body of Policy from " ruin and deftrudion, Juftice is both Columna <^ Corona Reifuhlicx -, She " is both the Columne and the Pillar, the Crown and the Glory of the " Commonwealth •, this is made good in Scripture by the Judgement of " Solomon, the wifeft King that ever Raigned upon Earth. For firft. She is " the Pillar -, for he fiith,!";! juftice the Throne fhalihe Ejlahliflied. Second- " Iy,She is the Crown-,for he faith,T/M/ hy ^ujhce a NationJhalll>e Exalted. " Our Laws which are the rules of this Juftice, they are the ne flus ul- " tra to both the King and the Subjed -, and as tlrey are the Hercules Pil- " lar, fo they are the Pillar to every Hertules^ to every Prince, which he " muft noj^ pafs. Give I. 2. 4. 5. 6. Hifiorical CoUeHions. ni B Dl cc (C cc " Give me leave to refemble her to Nebuchadnczar's Tree, for llje is " fo great, that Ihe doth (hade not onely the Palace of the King and the " Houfe of Nobles,but doth alfo (helter the Cottage of the pooreftBegger. " Wherefore, if either now the blafts of incf ignation, or the unrefift- " able violater of Laws, Necefity^ hath fo bruifed any of the Branches of " this Tree, that either our Perfons, or Goods, or PofTefTions have not the "famefhelter as before, yet let us nottherfore negled the root of this " great Tree, but water it with oar Tears, that fo thefe bruifed Branches " may be recovered,and the whole Tree again profper and flouriih. I know "well, thzx. Cor regis infcrutAbile -^ and that Kings, although they are but " men before God, yet they are gods before men. And therefore to my " gracious and dread Soveraign (whofe venues are true qualities, ingene- " rate both in his judgment and nature) let my arm be cut off-, nay, let my " foul not live that day that I Hiall dare to lift up my arm to touch that "forbidden Fruit, thofe Flowers of his Princely Crown and Diadem. " But yet in our Eden^ in this Garden of the Commonwealth, as there are the Flowers of the Sun, which are fo glorious, that they are to be bandied only by Royal Majefty : So, are there alfo fome Diyfies, and *" wholefom Herbs,which every common hand that lives and labors in this " Garden may pick and gather up, and take comfort and repofe in them : " Amongft all which this OchIus D/f/,this bona Ubertas is one, and the chief " one. I will now defcend to the Queftion, wherein I hold with all dutiful " fubmiflion to better judgments, that thefe acls of Power, inimprifon- " ing and confining of his Majefties Subjeds in fuch manner, without any " Declaration of the Caufe, are againft the fundamental Laws and Liber- " ties of this Kingdom. " The firft from the great favor which the Law doth give unto, and the great care which it hath ever taken of, the Liberty and fafety of this "Kingdom, " To proceed therefore in maintenance of my firft reafons.I find our Law " dothfo much favor the Subjeds Liberty of hisperfon,that the body of a "man was not liable to be arrefted or imprifoned for any other Caufe at the " Common- LaWjbut for force and things done againft the Peace : For the " Common- Law (being the preferver of the Land) fo abhorreth force,that " thofe that commit it the accounteth her capital Enemies, and therefore " did fubje(a their bodies to imprifonment. But by the Statute oi Marle- *' bridge cap.2/\.. which was made 35 //. 5. who was the eighth King from " the Conqueft, becaufe Bailiffs would not render accorapts to their " Lords, it was enabled, that their bodies (hould be attatched. And after " by the Stat: 23 £. 3.17. who was the eleventh King after the Conqueft, " becaufe men made no confcience to pay their Debts, it was ena(5led,that "theirbodiesftiouldlikewifebe attached: But before thofe Statutes, no " mans body was fubjeft to be taken or imprifoned, otherwife then as a- ^ forefaid-,vvhercby it is evident,how much the Common-Law favored the " Liberty of the Subject, and proteded his body from imprifonment. Here he enforced the Reafon by a Rule in Law, and mentioned fome Cafes in Law upon that rule, and fo proceeded to a fecond Reafon, drawn by an Argument a m,tjore ad minus. " I hame it thus (faid he) It the King have no abfolute power over our " Lands or Goods, then afortiori^not over our Perfons,to imprifon them, " without declaring the caufe, for our perfons are much more worth, then " either Lands or Goods-, which is proved bywh.it I have faid already: " And Chrift himfelf makes it clear, where he faith, An non e(l corpus fttpra " 'veftimentHm ? Caroli. 50+ I Htfiorical CoUeBions, An. 1627.1 V ^.^ '•'■'ve (lime mum ? Is net the Body of more worth then the Raiment ? Nay,! may " well fay ,that almoft every leaf and page of all the Volumes of our Cora- " mon-Law prove this right of Propriety, this diftinftion oi'meum and ttt- " urn, as well between King and Sub)e6l,as one Subjed and another : And " therefore my conclufion follows, that if the Prerogative extend not nei- " ther to Lands nor to Goods, then a fortiori, not to thePerfon, which !$■ " more worth then either Lands or Goods, as I faid . And yet I agree,that " by the very Law of Nature, fervice of the Perfon of the Subjed is due " to his Soveraign, but this muftbe in fuch things which are not againft the " Law of Nature; but to have the body imprifoned without any caufe dc- " clared, and fo to become in bondage, I am fure is contrary unto, and a- " gainft the Law of Nature, and therefore not to be inforced by the So- " veraign upon his Subjefts. 3. " My next Reafon is drawn al? inutili^ incommodo •, for the Statute " dc frangentibfis prifonam made i E.z. is, ^odniillus qui prifommfregerit " fuheat judicium vita vel membrorum profraciione prifonx tantum m(t caufa '■^ pro qua cap us imprtfonetur tale judicium requirat^whence this conclufion is " clearly gathered,that if a man be committed to prifon without declaring " what caufe-, and then if either Malefactor do break the Prifon, or the " Gaoler fuffer him to efcape, albeit the Prifoner foefcaping had commit- " ted Crimen Ujd Majejlatis 5 yet neither the Gaoler, nor any other that " procured his efcape, by the Law fuffer any corporal punifliment for fet- " ting him at large ^ which if admitted, might prove in confequence a mat- " ter of great danger to the Commonwealth. 4. " My next Reafon is drawn ab regis honore,(rom that great Honor the " Law doth attribute unto Soveraign Majefty, and therefore the rule of " Law is that Solum Rex hoc non petefl facere^quod non potefl jufle agere» And " Huffey chief Juflice,! H.-J. faith, that Sir ^ohn Markham told King E. 4. " he could notarreft a man either for Treafon or Felony, as aSubjedl " might, becaufe that if the King did wrong, the party could not have an " Adion againft him ^ and if the Kings Writ under his Great-Seal cannot "imprifon theSubjed, unlcfs it contains the caufe ^ fhall then the Kings " Warrant other ivife do ir, without containing the caufe •; that his Judge " upon the return thereof, may likewife judge of the fame. " But I will conclude with that which I finde reported of Sir^'^^?^^ Da- '" w>, who was the Kings Serje3nt,and fo by the duty of his place would no ■" doubt maintain,to his uttermoft,the Prerogatives of the King his Royal " Mafter : And yet it was by him thus faid in thofe Reports of his up- " on the Cafe of Taviftry-Cufloms, That the Kings of England alwayes " have had a Monarchy Royal,and not a Monarchy Seignoral : where,un- " der the firfl faith ht^'The Subjects are Freemen, and have Propriety in their " Goods and Free-hold, and Inheritance in their Lands : But under the later, " the) arc tts Villains and Slaves, and have propriety in nothing. And there- " fore faid he,when a Royal Monarch makes a new conquefi 5 yet if he receiv^ '■'■ any of the Nations ancient Inhabitants into his ProteBion, they and their heirs '■'^ after them IhaH enjoy their Lands and Liberties according to the Law. And " there he vouched this Prefident and Judgment following, given before " William the Conqueror-, viz. That one Sherborn,4 S3ixon,attheti?neofthe *' Conqueft being owner of a Ca(lle and Lands in Norfolk, the Conqueror gave "/^e/dwe?otf«f Warren 4 Norman, 4»Kde- ridge the like. " judged the King had done wrong, an d this is beyond our knowledge •, for he might have committed them for other matters then we could have " imagined -, but they might fay thus, they might have been kept inPri- " fon all their dayes : I anfwer, no, but wc did remit them, that we might " better advife of the matter •, and they the next day might have had a " a new Writ, if they had pleafed. But they fay we ought not to have " denied bail : I anfwer, if we had done fo, it muft needs have refleded up- <■' on the King, that he had unjuftly imprifoned them : And it appears in "Pj/fr, 2 Eliz-. thatdiveis Gentlemen being committed, and requiring " Habeas Corpus ^ fome were bailed, others remitted : whereby it appears, " much is left to the difcretion of the Judges. For that which troubleth fo much remittitur quoiifq-. This, my Lords " was onely (as I faid before) to take time what to do : and whereas they " will have a difference between remittitur & remittitur quoufq. My Lords, " I confefs, I can finde none ^ but thefe are new inventions to trouble old, " Records. And herein, my Lords, we have dealt with knowledge and un- " derftanding •, for had we given a Judgement, the party muft thereupon " have refted 5 every Judgement muft come to an iifue in matter, in faft, " or demur in point of Law -, here is neither-,therefore no Judgement. " For endeavoring to have a Judgement entred (it is true) Mr At- " torney preflfed the fame for his Majefties Servies : But we having fworn " to do right between his Majefty and his Subjedls, commanded the Clerk " to make no Entry, biit according to the old form -, and the Rule was gt- " ven by the Chief Juftice alone. I have fpent my time in this Court, and " I fpeak confidently, 1 did never fee nor know by any Record, that upon " fuch a Return as this a man was bailed, the King not firft confulted with, "infuchaCafeasthis. " The Commons Houfe do not know what Letters and Commands " we receive •, for thefe remain in our Court, and are not viewed by them. " For the reft of the matters prefented by the Houfe of Commons, they " were not in agitation before us, whether the King may commit, and how "long he may detain a man committed. Therefore having anfwered fo " much as concerneth us •, I defire your Lordiips good Conftru(flion of " what hath been faid. Judge Doderidge^ concerning the fame Subjed, faid, " It is no more " fit for a Judge to decline to give anaccompt of his doings, then for a "Chriftianof his Faith. God knoweth, I have endeavored alwayes to "keep a good Confcience •, for a troubled one, who can bear^ The " Kingdom holds of none but God 5 and Judgements do not pafs pri- "vately in Chambers, but publickly in Courts, (where every one "may hear) which caufeth Judgement to be given with maturity. " Your Lordftiips have heard the Particulars given by my brother, " how that Counfel being afligned to ctiofe four Gentlemen in the " latter end of Mtch. Term their Caufe received hearing, and upon confi- " deration of the Statutes and Records, we found fome of them to be ac- " cording to the good old Law of MagnA Charta ; but we thought " that they did not come fo clofe to this Cafe, as that bail ihould be " thereupon prefently granted. My Lords, the Hahe.ts Corpus confifteth " of three parts 5 The Writ, the Return upon the Writ or Schedule, and *' the Entry or Rule reciting the Habeas Corf us and the Return, together " with the opinion ok the Court, either a remittitur .^ or a traditur in Balli- " urn. In this Cafe a rfw;>W«r was granted, which we did, that we might cc " take better advifement upon the Cafe, and upon the remittitur. My ^ Lordsj B C D B D Hijlorkal ColieBions. " Lords, they might have had a new Writ the next day, and I willi they " had, b"Caufe it may be they had teen more, and we had been eafed of a " great labour. And, my Lords, when the Attorney, upon the Remittitur " prelted an Entry, we all ftraitly charged the Clerk that he Ihould make "no other Entry, thenfuchasour PredecefTors had ufually madem like '" Cafes. For the difference between Remittitur and Remittitur qaoufq-^ I " could never yet finde any : I have now fate in this Court 1 5 years, and '' I flioald know fomething: furely, if I had gone in aMiU folong, duft " would cleave to my clothes, I am old, and have one foot in the Grave, "therefore I will look to the better part as near as lean. ^\itOminAha- " here in mimortA^ cT in nullo errnre^ Bivinttmptitu efl quam humamtm. The Lord Chief Juftice Hide, and Juftice ^ones delivered their opi- nions much to the fame purpofe. The Houfe proceeded in further debate of the Liberty of the Subjedi. Mr //".icytiv^/refumes the Debateofthe mattter concerning iheHakas Corpui-, " The late Judgement (faid he) which lies in Bar, is onely an Award, "and no Judgement ^ and in the L. Chief Juftice his Argument there was " no word fpoken,that the King might commit or detain without caufe. " Tor the King to commit a man, is indignum Rcgi: Mercy and Honor "flow immediately from the King, Judgement and Juftice are his too " but they flow from his Minifters •, the Sword is carried before him, but " the Scepter in his hands. Thefe are true Emblems of a good King. " The Law admits not the King power of detaining in Prifon at plea- "fure. In antient times Prifons were but frocuftodia, dtrceres mnadfce- ^'' n^m, fedadcu(lodiam\ Admit the King may commit a man, yet tode- " tain him as long as he pleafeth is dangerous, and then a man (hall be pu- " nifhed before his offence : Lnprifonment is a Maceration of the body, " and liorror to the minde, it is vita pejor morte. Mr 5f/ion fu/it probanda. Tiie " King hath diftributecl his Judicial power to Courts of Juftice,:)nd to Mi- '* niftcrs of Juftice, it is too low for fo great a Monarch as the King is, to " commit men to Prifon •, and it is againft Law, that men (hould be com- " mitted, and no caufe Ihewed. I would not fpeak this, but that I hope my " Gracious King will hear of it •, yet it is not I Ediv. Cook that fpeaks it " but the Records that fpeak it, we have a National appropriate Law to '"'■ t\\\s^moxidiverfis ab orbe Brittannis : I will conclude with the A5is of '' the Apofiles^ chap.2 5. It is again [i reafon to fend a man to Pnjon, and not to " (herv the caufe. It is now time to go to the Queftion. Refolded upon the ^eflion, Nemine contradicente : 1. That no Freeman ought to be detained or kept in Prifon,or other- wife reftrained by the command of the King or the Privy-Council, or any B other,unlefs lome caufe of the commitment,detainer or reftraint be expref- fed,for which by Law he ought to be committed,detained or reftrained. II. That the Writ of Habeas CorpM may not be denied, but ought to be granted to every man that is committed or detained in Prifon^or other- wife reftrained, though it be by the command of the King, the Privy- Council, oj^any other, he praying the fame. III. That it a Freema-n be committed or detained in prifon, or other- wife reftrained by the Command of the King, the Privy-Council, or any other, no caufe ot fuch Commitment, Detainer or Reftraint being ex- prefled, for which by Law he ought to be committed,detained,or reftrain- ed, and the fame be returned upon a Habeas Cerfus^ granted for the faid Party, then he ought to be delivered or bailed. And then taking into confideration the Property of the Subjeifl in hisGoodSj they came to this Refolution, to which there was not a Ne- vtz,. That it is the antient and undubitable right of every Freeman, That £) he hath a full and abfolute Property in his Goods and Eftate,that no Tax, Tallage,Loan,benevolence3 or other like charge ought to be commanded, or levied by the King, or any of his Minifters without common confent by A6t of Parliament. Wednefdaj, March 26, The Propofitions tendred the day before by Secretary Cook from his Majcfty were now received and read, but the Debate thereof was referred to another day. The Propofitions were thefe •, viz, i.Tofurnilli vvitji menandVit^uals 30 (hips to guard the narrovySeas, and along the Coafts. 2. To fet out ten other flups for the relief of the Town of Rochel. 3. To fet out ten other ftiips for the prefervation of the Elbe, the Sound md Baltick-Sea. 4. To leavy Arms, Cloth, Vi<^ual, pay and tranfport an Army of 1000. Horfe, and loooo. Foot, for Forein Service, 5 . To pay and fupply 6000 1. more for the fervice of Denmark. 6. To fupply the Forts of the Office of Ordnance. 7. To fupply the Stores of the Navy. 8. To build 20 Qiips yearly for the increafe of the Navy. 9. To repair the Forts within the Land. 10. To pay the arrears of the Office of Ordnance. 11. TopaythearrearsoftheViiSuallers Office, 12. To gative 4 Caroli. Rerolves touching the S lib j<:(Ss liber- ty in his Per- fotu An. i6z% The Kiigs Propofitions to the Houfe of Commons touching Sup- ply. 5IO HiBorical CoUeBions, An. 1628. A Conference between rlie Lords and ■ Commons, managed by Secretary Coot againft RecuCants. ) 1 2 . To pay the Anear of the Treafuie of the Navy. 1 3 . To pay the Arrears due for the freight of divers Merchants {hips imployed in his Majefties Service, 14. To provide a Magazine for Viduals for Land and Sea-fervice. And the Commons having a Conference with the Lords about the Petition againft Recufants, Secretary Cook was appointed to manage the faid Conference. " In the fir ft place (he faid ) we acknowledge all due honor, both "unto the reverend Fathers of the Church, and to our Noble Lords, " in that ye have Ihined before us as worthy Lights in the encouragement " and maintenance of true Religion, being the true fupport of all Digni- " ties and Honors. And this forwardnefs of you is the more remarkable, " when that viperous Generation, as your Lordihips juftly ftiled them, do "at eafe with tooth and nail elTay to rend the Bowels of their Mother. " Give me leave to tell you what I know, that thefe now both vaunt at " home and write to their friends abroad. They hope all will be well, and " doubt not to prevail, and to win ground upon us. '' And a little to awake the Zeal and Care of our learned and grave " Fathers, it is fit that they take notice of that Hierarchy which is already " eftablillied in competition with their Lordfhips •, for they have a Bifhop "confecratedbythe Pope-, ThisBilhop hath his Subalternate Otficers " of all kindes, as Vicars- General, Arch-Deacons, Rural- Deans, Appa- "rators, and fuch like : neither are thefe nominal or titular Officers " alone •, but they all execute their Jurifdidions, and make their ordinary *' Vifitations through the Kingdom, keep Courts, and determine Ec- " clefiaftical Caufes. And which is an Argument of more confequence, " they keep ordinary intelligence by their Agents in Rome, and hold cor- "refpondence with the Nuntio's and Cardinals both at £r».vf/j, and in " France. '• Neither are the Seculars alone grown to this height, but the Regu- " lars are more adive and dangerous, and have taken deep root •, they " have already planted their Societies and CoUedges of both Sexes, they " have fetled Revenues, Houfes, Libraries, Veftments, and all other ne- " ceffary provifions, to travel or ftay at home : nay,cven at this time they " intend to hold a concurrent Affembly with this Parliament. " But now fince his Sacred Majelly hath extended his Royal arm, " and fince the Lords of his Council have by their Authority caufed this "neftof Wafpsto be digged out of the Earth, and their Convocations " to be fcattered •, And fince your Lor Jihips joyn in courage and refoluti- " on, at leaft to reduce this people to theu- lawful! reftraint, that they may " do no more hurt,we conceive great hope and comfort,that the Almighty " God will from henceforth profper our endeavors both at home and " aboad. " But now, my Lords, to come to the chief Errand of this our meet- " ing, which is to make known to you the Approbation of our Houfe of " that Petition to his Majefty, wherein you are pleafed to rcqueft our con- " currence. The Houfe hath taken it into ferioas confideration, and from "the beginning to the end approve of every word, and much commend " your happy pen •, onely we are required to prefent unto you a few Addi- " tions whereby we conceive the Petition may be made more agreeable to "the Statutes which aredefiredto be put in execution, and to a former " * petition granted by his Majefty ,Recorded in both Houfes, confirmed '< under the Broad-Seal of S^ngUnd^ and pubUlhed in all our Courts of or- " dinary Juftiee. "But f*^"" ■ ■ ' ^ HtUorical ColieBions, ^n B D " But tliefe things we proponnd, not as our Refolutions, or as matters to " raife debate or difpute, but commend them onely as our advice and de- '^ fire, being ready notwichftan Jing to joyn with your Lordlliips in the " Petition, as now it is, if your Lordfhips (lull not finde this Reafon to be "of weight. This being agreed unto- on Monday the 31 of M,trch^ the aforefaid Petition was prefented by his Majefty to bothHoufes; at the delivery whereof the Lord Keeper fpake as foUoweth, Adoft Gracious Soveraign, THe Lords Spiritual and Temporal, and Commons in this prefent Parliament adembled, outofduecarcof the Glory of Almighty God, and of the Honor and Safety of your Majefty, do with all humbienefs, and with one unanimous, confent prefent to your Royal hands, the moft Loyal defires of all their hearts •, which is fet down in a dutifuU Petition, which is to quicken the Laws againft the Perturbers of the Peace of all States : We cannot, nor do not forget your Maje- fties moft gracious Ads and Anfwers on the like Petition 5 they are vi- fible to the world, fto your Majefties honor and comfort : We bend our knees and hearts, bleffing God and yoar Majefty therefore ; yet let it not feem needlefs, that we repair again to your Majefty : The Husband- man knows what Weeds are not deftroyed at one weeding. Thefe are growing Evils, they are Weeds of a fpreading nature : And we that come ft-om all parts do think it our duty to tell your Majefty, that Gods Vineyard is not yetcleanfed. And God himfelf requires,that we pray to liim often, even for what he means and promifeth to beftow on us. But my Meffage comes from the Pen of both Houfes : And therefore I hum- bly befeech your Majefty to lend a gracious ear to hear me read the Petition. After the reading thereof, his Majefty made this ftiort fpeech. r My Lords and Gentlemen, " T Do very well approve the Method of your proceedings in this Par- " |liament -, A J-ove principium •, hoping that the reft of your Confultati- " ous will fucceed the happier. And I like the Preamble of my Lord " Keeper, otherwife I (liould have a little fufpefted that you had thought " me not fo careful of Religion as I have, and ever ftiall be, wherein I am " as forward as you can delire. And for the Petition, I anfwer firft in ge- " nera!. That I like it well,and will ufe thefe as well as other means for the " maintenance and propagation ot that Religion wherein I have lived, and " do refolve to die. But for the particulars, you fliall receive a more full " Anfwer hereafter. And now I will only add this ; That as we pray to " God to help us, fo we muft help our felves : For we can have no aftu- " ranee of his afliftance, if we do lie in bed, and only pray, without ufing " other means. And therefore I muft remember you, that if we do not *' make provifion fpeedily, we fliall not be able to put one fliip to Sea this " year. Verhum fiptenti fat eft. Afterwards the Lord Keeper fignified unto the Houfe, That his Ma- jefty had now given his Anfwer unto the Petition exhibited by both Houfes againft Recilfants, and had commanded his Lordlliip to read the fame Anfwer in this Houfe ; and Mr Secretary to read it in the Houfe of Commons. Whereupon the Clerk read the firft Article of the faid Peti- tion, 4 Cardi. The Lord Ketpcrs Speech at the prefcnting a Petition from both Houfes againft Recu- fants. The Kings Anfwer to the Petition. 511 Hiftorical CoUeBions. I. Article. Ai$ i6iS. tion, anJ the Lord Keeper read his Majefties AnAver unto the fame, and ' fo each Article thereoh The which Petition with the Anfwers follow in fuc verbn. Moft Gracious Soveraign, WC pour moa Lopal anD obeDient ©ubictts, t^e lo?D5; @pin^ tualanD Cempo?a(,anD Commons mj^atliamcnt affcmbletj, ^aljtng to cur Cngular tcmfo?t obratncD pour fPaicaieis piouis anD gracious affcntfo? a ^ubltcfe IFaCf, to appeafetbcto^atb of ailmtfibtp (©oO fewDleD agauitt m , anD to p?£bei« tbcfe firiet)ou0 iJuDgments;, tiobtcb tJo apparcntlp p^efis upon u^, lio tn all bumiltt|> p?e^ Cent unto pour facrcD ^aicap all pofsiiblc tbanfe^ fo? tbe faine> ^anO bc= | caufe tbe publitfe anD biGble Sim of tbe Kingbom, arc tbe unDoubteb raufc^of tbofc t)i(iblc €tiil0 tbatare fain upon U0-, 3Cmong(f tobtcb Gns, (30 10 apparent bp tbe t^;o?D of (Sob) 3!tiolatrp anb ©uperfifition are tbcinoQbapnou^anb trptng Gn0-, Cotbeenb tbatttiemap conOantlp bope fo? tbe blefang of crfonj, aim tlje uiftolc rcp?cfcntati\)cbonvof pour ^ajcftic£iX\inixtioni, plottcu ano franicD bp tbc free antJ common acccts of li)opffl3 Eccufants to tlje Citp of London, flnD to voui* Ci9a)effic0 Court, l^ouc 99aicav luouio be ffratiouflp picafcti to trivie fpccD)) commanBfo? tljc piefcnt putting tn p2actife tbofc lauis, tbatu^obUutall l^opifl) iRccufantsj to come to tf)C court, 0? uiitbin ten a3ile6 of tlje City of London ^ no alfo tljofe lauiss tljat confine tljem to tlje utflancc of fi\3e mUc0 fromtbeir Duiciiiiifi Doufc0; anti tbat fuel) by pad Licenfed not luarranten byiaui, as ba\jc been granteti unto tljcm fo^ tljeir repair to tije City of London^ may be nifcljanjcD-anO annuUen* His Majefties /nfxver to the third Article, TO the third-, His Majefty will take Order toreftrainthe recourfe of Re- cuGints to the Court ^ and alfo for the other points in this Aiticle his Majefty is well pleafed that the Laws be duely executed, and that all un- lawful Licenfesbe annulled and difcharged. Tf3at luljereasi it is mojc x\)z\\ probably cdnceiljcti , tbat infinite fumd of maneyei bauc luitbm tljefe tiuo 02 tb?ee vearsi Uift paff been ertractcti out of tlje EecufantG luitbin tlje n^mgDom b\> colour of conv pafition,annafmail pioponion of tbe fame retiirncti unto vour 5i9a' jefticfi coffcr0,not oneiy to tbe fuDtialn enricljing of pjiDatc perfon0,but to tbe emboinnino; of Eomifl) Eecufants to entertain g^afssine; WtH intotbeir p2t\]atel)oufe5, anti to emcifcall tljtirvi^unniueEitejsof tljeir grors rupcraitian,uutljoutfcar of conu-al,amountiiia\a£^ by tljcir Bayly practice ann oftcntation lue may conceive) to tbc nature of a coir ccalcD (Eolcratton, vour si9iijeap ujouid be gratioufly plcafcQ to enter- tain tbis particular \m\z ncerlv into vour pjinccly imfcoom ann confi- ncratiou, anti to tnffolije ttii j a^vfterv of Jniqutti' patcbcn up of colon rablc lleafcs, Conn acts, ano [52econ\)evancc!3, being but 90a!3UQ on tbe one part of frautj to i)ecei\3e your 93ajefty ano ^tatejSjOn tbc otber part fo^ n^i^atc men to accoinpUii) tbcir corrupt z\m, Ll u u His 4. CarolL 9. Article. 4. Article, 524- Hiftorical QolleUions, An. 1628. 5. Article. 6, Article. His M^jefcies Jnfn>er to the fourth Jrttcle, To the fourth Article •, his Majefty is moft willing to punidi for the time paft, and prevent for the future, any ot the deceits and abufes mentioned in this Article •, and will account itagoodfei-viceinany, that will inform Himfelf, his Privy Councel, Officers of his Revenues, Judges, or learned Councel, of any thing that may reveal this myflery of Iniquity. And his Majefty doth ftridtly command every of them, to whom fuch information llwU be brought, that they fuffer not the fame to die, but do their utter- moft endeavour to effeft a clear difcovery, and bring the Offenders to pu- nilliment. And to the intent no concealed tolaation may be effefted, his Majefty leaves the Laws to their courfe. Tl^at ag tfjc l?ciTt«n!3 of amtiairatiojjs from fo?nfn l^nnccs, miti tljeir Douftjn, tie free foj tljc ercrcifes of tljeir oiun Eeligiou, to tijcir fi)outcs) WW not be matie free Ctjappcis nntJ @)nnctuarie£i unto vour ^^ajeaicd subjects, popifl)lv affcctcD, to ijear s^afs, anD to par= ticlpatc 111 all otljerEitess ann Ccrcmonicsi oftbat^upetftition, to tbe great offence of aimuTbtv eoD, anD fcantiai of pour Si5ajcftieiJ IcJeople lovallp anti rcliaioiuiv affectcD : cbat eitber tlje coiiLOurfe of Eecufantss to fuel) placesj map be reffraineD, o? atlcaft fucb a bigiiant watcbfctupoutljcm, at tljcir rctuni from tljofe placed, ajStljcpmap be app?eljeuOcti, auD fe\>crelv p?occcne5 uiitljalj uc qui paiam in luce pec cant in luce puniancur. His Majefcies An fiver to theffth Article, TO the fifth •, his Majefty is well pleafed to prohibit and reftrain their coming andrefort to the Houfes of Ambaffadors, and will command a vigilant watch to be fet for their taking and punilhing, as is defired. TDat no place of autbontp antJ CommautJ, luitbin anp tlje Coutt tiess of tbisi vour 99aicfttcd i^ingtiom, 0? anv %W^ of pour ^a- jeftie0,oj luljicl) fliallbc implopeo m pour S^ajcllic^ @er\)tcej be com^ mitten to ^optflj Eecufants, 0? to bou communicants, bptljefpace of a pear paft , 0? to anp fuclj pevfond asj acco^Uing to direction of former acts of estate are juftlp to be fufpecteD, as tljc place ann m thonty of Lojngi Lieutenants , Depute Lieutenants , Juftices of peace, 0? Captains, 0? otljer Officers 0? ^uufters mentioned in tbe @)tatutcmat!c in tbe tbirti pear of tljc reign of pour jratbcr of blefleti memo2v: ann tbnt fucb as bv €omti\3cnce banc crept into fucb pinccSj mai> bp pour Q3ajcmcs i^opal CommauQ be Difcljareen of tbe fame. His Majefties (tAnfmr to the fxth Article, TO the fixth-Jiis Majefty is perfwaded that this Article is already obferved with good care •, neverthelefs, for the avoiding (as much as may be) all errors and efcapes in that kinde , his Majefty will give charge to the Lord Keeper, that at the next Term he call unto him all the Judges, and take Information from them of the ftate of their feveral Circuits, if any fuch (as are mentioned in this Article) be in the Commififion of the peace, that due reformation may be made thereof •, And will likewife give order to the Lord Admiral, and fuch others to whom it lliall appertain, to make diligent enquir)' and certitiicate to his Majefty, if any fuch be in place of Authority and Command in hisShipsor Service. ___^ Cljat B D Htftorical ColleEions. 511 D B T\m nil vour 29tijcaics juiitrc^ , lufficf Si, anD minidcrs of %\.i fticc , unto luijofc Ciirc niiD triitt , cjccciition ( ujjjicli is tfic fifp Of Pouv ei3a]c(tic0 Lauigi) td couinnttco , \m\> bp your 99ajcftics 13 n= clnimtion, notondi) be commmitieri toputiufpccriycmutiantbnrp laiuEi luljidj ftantJ in fo?ce affafnft Jcfuitsi, ©cminarp [>)Hc(t0, nnn popin) Uccufants, but tfjat pour 93n]cap idouio be furtljcr pienfcn to comimiiD tlje faiDJuugeEi auD Ju(ttcc9 of affile, to giijeatrueanii ffrict account of tljcirpjoccctJingEt, at tteir retutnis out of their cn^r cuit0, unto tbe lo?d Keeper, aun by tlje JLojD l^eeper to be p2eremcti unto pour i^ajeftv. His Maje flies Jnfwer unto the feventh Article. 'T'o the feventh his Majefty doth fully grant it, Aji5tiforafair anU clear crautcation of alipopet)) fo? tlje fimtrCi auD f02 tbc bjccning ann nurfmo; up of a Ijolp reiteration, attDa peculiar ]i)coplc fnnctificti unto tfte true voojflbip of iaimigbt)) ^^oo, tliat imtil a p?o\)irionat tau) niav be mane fo? tl)c trauung miD eDucatms of tljc CijilUKnof i5opiflj Rccufants ui tlje crounnss anu piinciple^ of our Ijol)) Religion, UJljiclj luc concciVic tntUbe of niojcpoiucr ann fo?ce to unite vour people unto pou in faftnefis of loUe, Ecligion anD lopal obcDicnce , tljen all pccuniari) CQulctd ann 1i)enaltie0 tljat can poffiblv be ncijifen: l>our C^ajcftv U30uin be pleafen to take it into pour own piincelv care ann confineration, tljcfe our Ijumble [petitions p2o= cecning from l)cart0 ann affections lopallp ann rcliiriouflv neuotcn to (©on ann pour qjajefttcQ ^cruice, ann to tlje fafetp of yoiir s^ajeffied filer en l^erfon, lue moa ?ealouflp p?efcnt to pourp?incclp mifenom, crauing pour ® ajemc!3 cljearful ann gratiousi approbation* His Majefiies Anfv?er to the eighth Article. To the eighth, his Majefty doth well approve it, as a matter of necefTary confideration, and the Parliaitient now fitting, he recommendeth to both Houfes the preparation of a fitting Law to that effeft. And his Ma- jefty doth further declare, that the mildenefs that hath been ufed towards thofe of the Popifli Religion , hath been upon hope that forain Princes thereby might be induced to ufe moderation towards their Subjefts of the Reformed Religion •, but not finding that good effe(fl which was expeded, His Majefty refolveth,unlefs he fliall very ipeedily fee better fruits, to add a fuither degree of feverity, to that which in this petition is defired. /^N JVedfieJday the fecond oiJpril, the Propofitions fent from the King, ^^\verc mentioned, and feveral Gentlemen expreffed themfelves feverally on that fubjecl. S, Article, 'TTisiaid, that the greatel^ grievance is want of fupply •, but I hold it a ' -■•greater grievance tliat his Majefty is brought into thofe neceflities, efpe- cially confidering the fupplies that of late have been given to the King, two Subfidies of Parliament, befides privy Seals, the late Loan, whereby five Subfidies were forcibly and unadvifedly taken, and we have yet pur- chafed to our felves nothing by all thefebutour owndilhonor, we have drawn and provoked two powerful enemies upon us •, it is not then what theSuhjeifts do give, unlefs his Majefty imploy men of integrity and experience, otherwife all that we give will be as caft into a bottomlefs bag. Uuu 2 Some! Debates touching his Ma;cilits propofitions. Sir Francis | Stimor, ^i6 An. i6z8. Sir Nath. Rich. Secr.Cook. Sir John EUiot. Eiftorical ColleBions, sir EJ.Cook. M; "COme propofitions we fhall not meddle with, as a foveraign Army to "♦^betranfported, we are not fit for that yet> but we will not rejed it, for " great Princes, who give out Rumors of raifing great Armies, do put their '' Enemies to great fears •, then the defence ot ourCoafts, nothing is more " neceflary •, but the bill of Poundage is for that particular fupply, and how " far it may prejudice us for a future Precedent,to give other fupply, let us be " advifed. r,Secretary Cook, obfer\'ing a diftindion made upon the propofitlons,as if fome of them were to be omitted, " I know (faid he) you will do it upon deliberation •, fome there are not poflible to be omitted,as the Guard- '' ing of the Seas, defence of the Elk Rotchcl^ and thofe draw on all the reft : '' Ships muft have Men and Munition, and we cannot divide any of thefe. '' This Houfe is tender of the Countrey ^ the King will not lay a burthen ''that cannot be born-. We may fupply his Majefty without this, give we '' now what we pleafe, the King may makeufeof it before the People are '' able to pay •, and we fliall not onely make his Majefty fubfift, but advance " his reputation in the world, by the unity of his People, more then by any '' treafure. I" Ndeed there may be fome neceflity for a war offenfive, but looking on one late dyfafter, I tremble to think of fending more abroad. '' Let us confider thofe two great undertakings at Cales and Ree •, at Cales "that was fo glonoufty pretended, where our men arrived and found a '' Conqueft ready, namely, the Spintjh Ships, a fatisfadion fufficient and " fit for us, and this confefled by fome then imployed, and never but granted ''by all, that it was feafible andeafie, why came this to nothing c" After " that opportunity loft, when the whole Army was landed, with deftruftion " of fome of our men, why was nothing done < if nothing was intended, " why were they landed, aixl why were they fliipt again C For Rees X'oyage, '' was not the whole adion carried againft the judgement of the beft Com- ''mandersc" was not the Army landed ^ Not to mention the leaving of '' the Wines, nor touch the wonder that Cx(ar never knew, the enriching '' of the Enemy by curtefies : Confider what a cafe we now are in, if on the " like occafion , or with the like inftruments , we Hiall again adventure " another expedition. It was ever the wifedom of our Anceftors here, to " leave Forain Wars wholly to the State , and not to meddle with '' them. ''CIr Edrv. Cook. When poor England (\ood alone, and had not the accefs "''^of another Kingdom, and yet had more and as potent Enemies as now '' it hath, yet the King of England prevailed. " In the Parliament Roll, in the 42. year of Edw. 5. the King and the '' Parliament gave God thanks for his vidlory againft the Kings of Scotland " and of France^ he had them both in Wndfor Caftle as Prifoners. What '' Was the reafon of that Conqueft C four reafons were given, i . The King " was aflifted by good Counfel, 2. There were valiant men. 3. They were " timely fupplied. 4. Good Imployment. '' 3. i?. 2. The King was inviron'd with the Flemins, Scots and French, and " the King of £«?-AW prevailed. 1 3. iJ. 2. The King was invironed with Spaniards, Scots and French, and " the King of £»^/4w^ prevailed. B D Hijcoricai ColleBions, B D <' 1 7 /? . 2 . Wars were in Ireland and Scotland^ and yet the King of Enq;- " land prevailed , and thanks were given to God here ^ And I hope I liiall " live to give God thanks for our Kings vidories. " 7 //.4. One or two great men about the King fo mewed him up, that he " took no other advice but from them , whereupon the Chancellor took "this Text andTheamin his Speech at the Parliament, MuUorum confilia " reqtcirtintur in rnn^nii , tn hello qui mAXime timent lunt in maximis tericulis, "Let us give and not be afraid of our enemies, let us fupply bountifully, " cheerfully, and fpeedily , but enter not into particulars : Solomov.s Rule is, " ^tii rqetit fcparat^mYyfefaratfa'dcratos : We are united in duty^crc. to the " King, the King hath fourfcore thoufand pounds a year for the Navy, and " to fcowre the Narrow-feas, it hath been taken , and we are now to give it, '' and (liall we now give more to guard the Seas •! befides, when that is taken ''of our gift, it may be diverted another way. " It fhall never be faid we deny all fuppljr , I think my felf bound, where " there is commune pnctdum, there mufl be commune auxilmm. "T Cannot forget that duty I owe to my Countrey, and unlefswe be fe- " A cured againft our Liberties, we cannot give •, I fpeak not this to make di- " verfions , but to the end that giving I may give cheerfully. As for the " Propofitions to be confidered ot, I incHne to decline them , and to look "upon the State of our Countrey, whether it be fit to give, or no : Are " we come to an end for our Countries Liberties < have we trenched on the rates of the Deputy Lieutenants < are we fecured for time future i cc WE all defire remedies for our Grievances , and without them we Ihall neither be willing nor able to give-, for my part, I heartily " defire remedy , but which is the belt and wifell way, that is the queftion: '' As we have made fome progrefs in our Grievances , fo let us now go on "tofupply-. There is a Proverb, Non bis ad tdem^ daihnot theCommon- " wealth t^^'ice againft one Rock. We have Grievances, we muft be eafed of "them-, who flialleafeus^ No Nation hath a people more loving to the "King, then we; but let the King think it and believe it, there isadi- '* ftance betwixt him and us , before we can have his heart, we muft remove " it : Our difeafe is not fo great but that it may be cured , it is the Kings " Evil which muft be cured with Gold -, let us imitate ^acob, who wreftied " with the Angel, and would not let him go -, I would we could wreftle with " the King in duty and love, and not to let him go in this Parliament, till he ''comply with us: We muft take heed of too much repetition and over- " beating of Grievances , it is dangerous , and it may make a further fepa- " ration : He that talks too mucli of his Grievance , makes the party that is '' the caufe of it make an apology , and to juftifie it, and that is dangerous : *' let us do as Poets in a Tragedy , that fometimes have Comical Paflages, '' and fo a generous mind will fink prefently. Sure a due prefentation of fuch " Grievances to fuch a King with moderation, will take place with liim : In " all deliberations go the fafeft way -, The old way I have heard is firlt to re- " move Grievances -, we muft not ty and bind our fclves by all that was done ''before: I have gone over the Thames in former times on foot, when it " v/.is all an Tee , but that is no argument to perfwade me by to do the like '' now, becaufe I did fo once. THe Houfe waving the Debate of the Propofitions proceeded with Grie- vances by Confinement, and Defignation for forain imployment, in which points feveral Gentlemen delivered tlieir opinion. " Con- r-j 4 Caroli. Sir Thomas W^cntwoith Sir Henry Marcin, rhc Houfe waves, &c. 5^8 Afi. 1628. Mr.'SsUcn. Sir T.Hob- by.; Sir Peter Hayman a- bout forcin imploynicnt, Mr.Hackwtl Hifwrical Colleclions, Confinement is different from Luprifonment , snd it is againft the Law that any fliould be confined either to his Houfe, or elfwhere : I know not what you can call a Punilhment , but there is lome ground of it , or mention thereof in Ads of Parliament , Law-books , or Records , but for this of Confinement, I finde none : indeed Jews have been confined in former times to certain places , ^x^hex^'m London to xhto\ken b> thi; L the other lliould never be delivered. M After Sddcn of the Imer-l'emple argued next, firft making this In- trodudion. " Your Lordfliips have heard from the Gentleman that *■'■ laft ipake, a great part of the grounds upon which theHoufe of Commons '' upon mature deliberation proceeded , to that clear refolution touching the '■ right of the liberty of their perfons : The many Ads of Parliament, which "are the writt-en Laws of the Land, and are expreflyin the Point, have " bin read and opened, and fuch Objedions as have been by fome made unto "t'lem, and Objtdions alfo made out of another Ad of Parliament, have " been cleared and anfwered : It may feem now perhaps (my Lords) that lit- '' tie remains needful to be further added , for the enforcement and main- '' tenance of fo fundamental and eitabliflied a Right and Liberty, belonging '' to every freeman of the Kingdom. '' The Houfe of Commons taking into confideration , that in this quefti- " on being of fo high a nature, that never any exceeded it in any Court of '' Juftice whatfoevei- , all the feveral ways of juft examination of the Truth "Ihould beufed, havealfo moft carefully informed themfelves of all for- "mer Judgements or Precedents concerning this great Point, either way ^ " and have been no lefs careful of the due prefervation of his Majefties juft " Prerogative, then of their own Rights. The Precedents here aie of two " kinds, either meerly matter of Record , or elfe the former refolutions ot " the Judges, after folemn debate in the Point. " This Point that concern^ Precedents, the Houfe of Commons have " commanded B D Hiftorical (oiie&ions. B D " commanded me to prefent to your Lordihips, which I ihall as briefly as " I may, fo I do it faithtiilly and perfpicuoufly : to that end, my Lords be- " fore I come to the particulars oif any ot' thofe Precedents , I'lhall firft re- '' member to your Lordihips that which will feem as a general key tor the " opening and true apprehenfion of all them of" record, without which key '' no man, unlefs he be verft in the entries and courfe of the Kings Bench " can poilibly underftand. " In all caies, my Lords, where any Right or Liberty belongs to the Sub- <'jeds by any pofitive Law, written or unwritten, it there were not alto a " remedy by Law tor enjoying or regaining of this Right or Liberty, when '' it is violated or taken fi-om him •, the pofitive Law w'ere moft v:un, and to '' no purpofe ; and it were to no purpofe for any man to have any right m " any Land or other Inheritance, if there were not a known remedy, that is, ''an Adion or Writ, by which in tome Court of ordinary Juftice he might <• recovei- it. And in this cafe of Right of Liberty of Perlbn, if there were not '* a remedy in the Law for regaining it when it isreftrained, it were of no " purpoie to fpeak of Laws that ordain it lliould not be reftrained. " The Writ o{ Habeas Corpus, or Corpus cum cattja, is the higheft remedy " in Law for any man that is imprifoned, and the onely remedy for him that "is imprifoned by tlie fpecial command of the King, or the Lords of the "pri\'yCouncel, without (liewing caufe ot the commitment; and if any "man be fo imprifoned by any fuch Command, or otherwife whatfoever " through £«o-/W, and defire by himfelf, or any othei' in his behalf, this « Writ of Hah. Corp. for the purpofe in the Court of Kings Bench, that << Writ is to be granted to him, and ought not to be denied, and is dire- <« fted to the Keeper of the Prifon, in whofe cuftody the Prilbner remains, "commanding him that after a certain day he bring in the body of the <' Prilbner cum catifadi'tentionis, and Ibmetimes cum can fa captioms •, and he «f with his return filed to the Writ, bringeth the Prifoner to the Bar at the " time appointed, and the Court judgethof the fufficiency or infutficiency "ofthereturn •, andif they findeliim hxfhhk, committnur Mare fcallo., the " proper Prifon belongeth to the Court, and then atterward tr.tdttur m hall. " But it upon the return of the Habeas Corpus it appear to the Court that <« the Prilbner ought not to be bayled , nor difcharged from the Prilbn '<■ whence he is brought, then he is remanded and lent .back again, tocon- «' tmuetiilby due courfe of Law he may be delivered-, and the entiyof ^^ this is,.^ remittitur aiwifqne jecmJitm legem deltberatus fucnt., oxremittunr " quaifqitc, (^c. wliich is all one, and the higheft award of Judgement that " rver \vas or can be given upon a Habeas Corpus. " Your Lordfliips have heard the refolution of the Houfe of Commons, " toucliing the enlargement of a man committed by the commiuid of the " King, or the privy Councel, or any other, without caufe Ihewed of Inch " commitment •, which refolution, as it is grounded upon Afts of Parljamcnt '' already iliewen, (t!ie reafon ot the Law ot the Land being committed " to the charge of another to open unto unto you) fo it is ftrengthcned '' by many Precedents of Records. He then produced twelve Precedents full and diredtly in the point, to prove tliat perfons fo committed ought to be delivered upon bay], which were diftinftly opened and read to their Loidlliips-, then he alfo offered to their confideration other kind of Pre- cedints, which were folemn relblutions of Judges, things not of Raord, but yet remain in Authcntick Copies, which Precedents and Authorities wc omit for the length thereof. He then proceeded, and (iiid, '' The Houfe of Commons defiring witli " all 5?8 Hifiorical ColleUions, An. 16'^^' Sir Edward Coo^, '*■ all care to inform themfelves fully of the truth of the refolution of the '' Judges in the 34. year of the Queen, cited in the cafe of Sir ^ohn Hcvcn- " ingham^ by the Kin^s Councel,as Arguments againft his not being bayled, " have got into theu: hands a Book ot feleft Cafes, colleded by the reve- " rend and learned Judge, Chief Juftice-^Wit/afw, all written with his own " hand^ which he caufed to be read, being the fame which hath been already " mentioned in the Colkdions of this Parliament •, which Precedents, faith '' he, do fully refolve enough for the maintenance of the ancient and funda^ " mental point of Liberty of the Perfon , to be regained by Utih. Corf, '' when any is imprifoned. Then he concluded, that having thus gone through the charge com- mitted to him by the Houfe of Commons, he Oiould now, as he had leave and diredion given him, left their LordlTiips fliould be put to much trouble and expence of time in finding and getting Copies at large of thofe things wlrich ne had cited, offer alfo to their Lordlhips Authentick Copies of them all, and fo left them, and whatever elfe hehadfaid, to their Lord- lliips further confiderauon. L Aft of all Sir Edward Cook took up the Argument, as to the,;ational part of the Law, and began with this Introdudion , " Your Lordfliips " have heard 7, Ads of Piirliament in point, and 3 1 . Precedents fummarily '' coUeded, and with great underftanding delivered, which I have perufed, ''and underftand them all throughly ^ 12. of the Precedents are w ter- " minis termiriAntibw, a whole Jury ot Precedents, and all in the point •, I " am much tranfported with joy, becaufe of the hope of good fuccefs in '' this weighty bufmefs, your Lordftiips being fo lull of Juftice, and the " veryTheme and Subjed doth promife fuccefs>which was Corpu cum cunfa, '' the freedom of an Englifh man, not to be imprifoned without caufe ftiewn, '' which is my part to^ftiew, and the reafon and the caufe why it fliould be " fo, wherein I will not be prolix nor copious, for to guild Gold were idle " and fuperfluous. And after he had cleared fome doubts made of the Statute oi Wcfiminfter^ which faith. That the Sheriffs and others in fome cafes may not replevin men in Prifon-,he proceeded further,and faid, " That " all thofe Arguments offered unto your Lordfliips in this laft conference,are " of a double nature. 1. Ads of Parliament. 2. Judicial Precedents. For '' the firft, I hold it a proper Argument tor your Lordfliips, becaufe you my '' Lords temporal, and you my Lords fpiritual gave your aflent unto thofe " Ads of Parliament, and therefore if thefe cannot perfwade you, nothing "can. For the fecond, which are Judicial Precedents, it is Argumcntum " ah aitthoritate^ and Argumentiim ah authoritate 'valet affimative ; that is, I " conceive, though it be no good Argument to fay negatively the Judges '' have given no opinion in the point. 3. It is good Law •, which I fortifie " with a ftrong Axiome,i\rfw;«fw otortet faptentiorcm efje kgibus.'How thefe '' two arguments being fo well prefied to your Lordftiips by my Colleagues-, '' I think your Lordfliips may wonder what my part may be •, it is fliort, but '' fweet ^ it is the Reafon of all thofe Laws and Precedents, and Reafon " muft needs be welcome to all men •, for all men are not capable of the '' underftanding of the Law, but every man is capable of Reafon •, and thofe '' Reafons loffer to your Lordfliips, in affirmance of the antient Laws and *' Precedents made for the Liberty of the Subjed againft Imprifonment '< without caufe exprelTed. ^'i.A B D Hiftorical ColleBiom, B D honeflo. This being lefs honourable. Ab liti/i. This being lefs profitable. yf tttto. This Imprifonment by will and pleafure being very dan- gerous for King and Kingdom. '■^ I. Ab honeflo. It would be no honour to a King or Kingdom, to be a " King of Bond-men or Slaves, the end of this would be both Dtdecm ^ "^ Damnum^ both to King and Kingdom, that in former times hath been fo "•renowned. " y/^ «?///, It would be againil the profit of the King and Kingdom, for " the execution of thofeLaws before ren^embred. Magna charta^ "S.Ed.^. '' 25. £^. 3. 28. £^. 3. whereby the King was inhibited toimpnfon upon " pleafure •, You fee (quoth he) that this was vetm querela, an old queftion, '^ and now brought in again, after feven Ads of Parliament ; I fay the exe- " cution of all thefe Laws are adjudged in Parluiment to be for the common "p;ofitot theKmgandPeoj^e-, and he quoted the Roll, this pretended power Htjlorkal Collections. B D '' power bemgagainft the profit of the King, can be no part oF his Prero- '' gative. " He was pleafed to call this a binding Reafon, and to fay that the wit of '' man could not anfwer it •, that great men kept this Roll from beinc^ Print- " ed,bu»: that it was equivalent in force to the printed Rolls. '' J. A Realbn a. tuio. It is dangerous to the King for two refpedbs •, firft of " lofs, fecondly, of dcftroying of the endeavors of men: Firft, ii he he (''committed without the exprefTion of the caufe , though he efcape, albeit "in truth it were for treafon or felony , yet this efcape is neither felony nor "treafon, but if the caufe be exprefled for fufpicion of treafon or felony, " then the efcape, though he be innocent, is treafon or felony. He quoted '' a Caufe in print Uke a reafon of the Law, not Uke Remittitur at the rifing ''ot the Court, for the Prifoner traditur m ballutm qtiod breve Re^i< nm " fttit litfficicns caufj, The Kings Command. He quoted another famous "Cafe, Commons in Parliament incenfed againft theDukeof Suffolk de- "iire helliould be committed: The Lords and all the Judges, whereof " thofe great Worthies, Prefcot and Forte[iu;^ were two , delivered a flat " opinion , that he ought not to be committed without an efpecial Caufe. '' He queltioned alfo the name and etymologie of the Writ in queftion, Cor- ^^piis CUM cdufa •, Ergo, the Caufe inufl be brought before the Judge,elfe how " can lie take notice hereoiV '' Laftly, he preffed a place in the Gofpel, Acts 25. laft -verfe , which Fc- "//« conceives is an abfurd and unreafonable thing, to fend a Prifoner to a " Roman Emperor, and not to write along with hmi the Caufe alledocd a- '^gainfl him-, fend therefore no man a Prifontr without his caufes alon^ '' with him, Hocfac c^ vives, and that was the firft reafon a tuto, that it was " not fate for the King in regard of Lofs, to commit men without a Caufe. "The fecond Reafon is. That fuch commitments will deftroy the endea- '' vors of all men-, Who will endeavor to imploy himfelf in any profe{rion,ei' '' ther of War , Merchandife , or of any liberal knowledge , if he be but " Tenant at will of his Liberty c" for no Tenant at will will fupport or im- '' prove any thing , becaule he hath no certain eftate -, E/t*?, tomake men '' Tenants at will of their Liberties , deftroys all induftry and endeavors " vvhatfoever. And fo much for thefe fix principal Reafons : A re ipfit. A minore Ad majus. >' Honor. A rcmediis. - ^ AProfit. From the extent and univerfality. ^^ "^Security. From the infinitcnefs of the time. ^ Induftry. yl fine. Thefe were his Reafons, 54-1 Here he made another Proteftation, "That if remedy had been given in this Cafe, they would not have medled therewith by no means -, but now that remedy being not obtained in the Kings Bench , without looking back upon any thing that hath been done or omitted , they defirefome provifion for the future onely. And here he took occafion to adde four Book Cafes and Authorities, all in the Point, faying. That if the learned Councel on the other fide, could produce but one againft the Liberties, fo pat and pertinent, oh! how they would hu" and cull it. 16. H. 6. tit. monfirance defaits 82. by the whole Court, the King in his Prefence can- not command a man to be arrefted , but an adion of falfe imprlfonment licth againft him that arrefteth -, if not the King in his royal Prefence,-. Y y y 2 " then 4. Carolii 54-i Eiftorical Colleciions. An. 1628. I. Obj. Anfw. 2. Obj. Anfw. '' then none others can do it, Nonfic ttur ad afira, 1 . Hen. 7 . 4. fiujjey re- " ports the opinion of Markham , chief Juftice to Ediv. 4. that he could not " UTiprifon by word of mouth •, and the reafon, becaufe the party hath no ''remedy-, for the Law leaves every man a remedy of cauilefs imprifon- '' ment : he added that Markham was a worthy Judge , though he fell into '' adverfities at laft by the Lord Rivers his means. Fertefcuc, Chap. 8. Pro- " prio ore mllus Regiim ufus eji , to imprifon any man, (^c. 4. Eliz, Times ''blefledaiid renowned for jultice and Religion, in P/. 235. the common " Law hath fo admeafured the Kings Prerogative, as he cannot prejudice any ''man in his inheritance, and thegreateft inheritance a man hath, is the '' liberty of his Perlon , for all others are acceffary to it •, for thus he quoted " the Orator : Ma]or hxredttas vemt unicmque nojtrum a J'ure cjr legions quam '' a parentihs. " And thefe are the four Authorities he cited in this point : Now he pro- " pounded and anfwered two Objections •, Firft, in point of State ^ Secondly, '' m the Courfe held by the Houfe of Commons, '' May not the Privy Councel commit without caufe lliewed in no matter " of State where feaecie is required cf would not this be an hinderance to his '' Majcfties lervice ^ '' It can be no prejudice to the King by reafon of matter ofState , for the '' caufe muft be of a higher or lower natui'e •, if it be for fufpicion of Trea- " fon, mifprifion of Treafon or Felony , it may be by general words couch- '' ed •, if it be for any other thing of fmalier nature, as contempt and the like, " the particular caufe muft be lliewed, and. no mdiv/duttm vagitm, oruncer- '' tain caufe to be admitted. '' Again, if the Law be fo clear as you make it, why needs theDeclara- '' tion and Remonftrance in Parliament :" '' The Subjed: hath in this Cafe fued for remedy in the Kings Bench by <' Habeas Corf us , and found none •, therefore it is necefl'ary to be cleared in Parliament. And here ends his Difcourfe : And then he made a recapitu- " lation of all that had been offered unto their Lordfliips,That generally their " Lordlliips had been advifed by the moft faithful Counfellors that can be •, " dead men thefe cannot be daunted by fear, nor muzled by affedion, reward '' or hope of preferment , and therefore their Lordlhips might fafely believe " them •, particularly their LordlLips had three feveral kinds of Proofs. "I. Ads of Parliament, judicial Precedents , goodReafons. Firft, you '' have had many ancient Ads of Parliament in the Point, befides Magna <' Charta, that is, feven Ads of Parliament, which indeed are thirty feven, " Magna Chart a being confirmed thirty times , for fo often have the Kings " of England '^w^n theii' royal Aflcnts thereunto. " 2. Judicial Precedents of grave and reverend Judges , in termini's termi- " nantihiis, that long fince departed the world, and they were many in " number. Precedents being twelve, and the Judges four.ot a Bench, made " four times twelve, and that is forty eight Judges. "3. You have, as he teai-med them, I'lvidas rationes, manifeftand ap- '' parent Reafons: Towards the conclufion he declared to their Lordlliips, " That they of the Houfe of Commons have upon great ftudy and ferious " Confideration , made a great manifeftation unanimoufly , Nullo contradi- "■ cente, concerning this great liberty of the Subjed , and have vindicated '' and recovered the Body of this fundamental Liberty , both of their Lord- " lliips and themfelves , from Ihadows which fometimes of the day are long <' fometimes fliort , and fometimes long again-, and therefore we muft net '* be guided by ihadows : and they have tranfmitted to their Lordfliips, not '■'■cafita B D Htjtorical ColleHions. B D " Ciiptarernm^ Heads or Briets , for thefe comfendia^'CQ difpendia ^ but the '^ Records at large , in tcrminU terminmtibus : and fo he concluded that " their Lordlhips are inv^olved in the fame danger , and therefore ex comruo '' ^ coridigno they defired a Conference , to the end theii- Lordfliips mt"ht "make the like Declaration as they had done-, Ccmmurie pericuhm co>n- '' murie rcqiiirtt auxilium '^ and thereupon take fuch further courfe, as may " fecure their Lordlhips and them , and all their Poftcrity , in enjoyin" of " their ancient undoubted and fundamental Liberties. The two next days were fpent in the Debate about Billeting of Soldiers upon the Subject againft Law. THnr(d.ty the lo. oiAfril, Mr. Secretary Cook delivered this MefQige from the King , "That his Majefty defircth this Houfe not to make°any re- " cefs thefe Eafter Holida)'S, that the world may take notice how earned his "Majefty and we are for thepublique attairs in Chriftendom , the which '•' by fuch a recefs would receive interruption. T HisMeffage for non-recefs , was not well pleafing to the Houfe, Sir Kobert Phillifs ^x{\.xekviX.Qd. it, and took notice, "That ini:i.andi8, " ^ac. upon the like intimation, the Houfe refolved it was in their power " to adjourn, or fit : hereafter, faid he, this may be put upon us by Princes of '' lefs Piety -, let a Committee confider hereof, and of our right herein, and " to make a Declaration. And accordingly this matter touching his Majeftics pleafure about the recefs was refeixed to a Committee, and to confider the power of the Houfe to adjourn it felf^ to the end, that it being now yielded unto in obedience to his Majefty , it might not turn to prejudice in time to come. Sir Edward Cook fpoke to the fame purpofe , and {iiid, " I am as tender of " the Priviledges of this Houle , as of my life, and they are the Heart- '' ftrings of the Commonwealth. The King makes a Prorogation , but this '' Houfe adjourns it felf. The CommifTion of Adjournment we never read, " but fay. This Houfe adjourns it felf. It the King write to an Abbot for a " Corody, for a vallet , if it be ex rogatit , though the Abbot yield to it, it ^ binds not : Therefore I defire that it be enired , that this is done ex rogatu " Regis, Hereupon a Meffage was fent to the King , That the Houfe would give all expedition to his Majefties Service , notwithftanding their purpofe of re- cefs. To which Meffage his Majefty returned this Anfwer, T hat the moti- on proceeded from hiinfelf , in regard of his engagement in the affairs of Cliriftendom, wiilied them all alacrity in their proceedings, and that there be no recefs at all. FRiday the 1 1 . of Afril^ Secretary Cook moved the expediting of Subfi- fides, and turning of tire Votes into an Act : '' We have many Petitions " to the King, faid he, and they are Petitions of Right , we have freely and "bountifully given five Subfidies, but no time is appointed , and Subfidie " without time, i^ no Subfidie : let us appoint a time. Six 4 Caroli. Hi"; Ma jellies Mc/Tagefar non-iece!s. The Meffage not appro- ved. Sir Ro. Phil- Its. sir E.Cook, Sec. Cook to expedite Subfidies, sir Thomas W'tiitworth, Hijlorical ColleBions, Mr. Secret. Cook deli- vereth ano- ther Mtf- fi'^e concer- ning Supply. Sir Dudley D/^^j quickned his motion and fpoke roundly: '' We have '■^ (laid he) freely concluded our Liberties , we have offered five Subfi- " dies, his Majefty hath given us gracious Anfwers , we have had good by '' our beginnings , what have we hitherto done for the King < nothing is "done that the King can take notice ot^ the world thinks that thisParlia- " nient hath not exprefled that refolution that it did at the firft , how much " doth it concern the King that the world be fatisfied with his Honor < Our '' fucceis and honor is the Kings , Princes want not thofe that may ingrati- '' ate themfelves with them, by doin^ ill offices. There is a flop , and ne- '' ver did a P^irliament propound any thing but it hath been perfefted fooner '' then this is : m.ay not the King fay. What have I done < they grow cold, " have I rK)t told them , I will proceed with as much grace as ever King <■' did < He willfettle our proprieties and goods , have we not had a gracious "anlwerc' are we hand in hand for his fupply, lliall it be faid that this day it " was moved , but denied 1 it may put our whole bufinefs back , wherein g '' can this diHidvantage us i this binds us not , I dare fay confidently we " lliall have as much as ever any Subjeds had from their King. Sir Thomas Winhvorih propofed a middle way, -viz-. '' Tliat when we fet " down the time , we be fure the Subjeds Liberties go hand in hand to- " gether •, then to refolve of the time, but not report it to the Houfe , till '"■ we have a Ground and a Bill for our Liberties : this is the way to come off '' fairly, and prevent jealoufies. Hereupon the Committeeof the whole Houfe refolved, That Grievances and Supply go hand in hand. Salurday 12. o/" April, Mr. Secretary C^^i^' delivered another Meflfage from the King iyiz..) " His Majefty having given timely notice to this Houfe , as well of " tlie preflure of the time, as of the neceffity of Supply , hath long fince ex- "■ pefted fome fruit of that which was fo happily begun •, but finding a flop " beyond all expeftation, after fo good beginning, he hath commanded me '' to tell you, that without any further or unneceffary delay he would have '' you to proceed in this bufinefs ^ for however he hath been wUling and onfentiug his affairs and ours Ihould concur and proceed together , yet his meaning was not that the one fliould give interruption to the other, nor '■'■ the time to be fpun out upon any pretence , upon which the common "caufe of Chriffendom doth fo much depend : he bids us therefore take " heed that we force not him to make an unpleafing end of that which was " fo well begun. " I will difcharge my duty , I fliall humbly defire this honorable Houfe " not to undervalue or overff rain this MefTage •, if we conceive any thing '' in it to tend as if his Majefly threatned to difTolve this Parliament, we are '' deceived •, his Majcfty intends the contrary, and to put us in fuch a way '' that our bufinefs may have fpeedy fuccefs. His Majefly takes notice of a " peremptory order whereby he conceived that his bufinefs was excluded, '' at leaft for a time, that which doth mofl prefs his Majefly is time, believe " that the affairs now in hand prefs his Majeflies heart more then us, let us " remove delaies that are more then neceffary, let us awaken our fdves, " he intends a fpeedy diipatch. I mufr with fome grief tell you^ that " notice D B D Hiftorical QolleBions. I H5 " notice is taken, as -if this Houfe preiTed not upon the abufes of Power " onely, but upon Power it felf -, this toucheth the King and us, who are " fupported by that Power : Let the King hear of any ahufes of Power, he " will vvilHngly hear us, and let us not bend our felves againft the extention '' of his Royal Power, but contain our felves within thole bourids, that we " meddle onely with preflures and abufes of Power, and we fliall have the " beft fatisfaftion that ever King gave. I befeech you all concur this way, " and ufe that moderation we have had the honor yet to gain. Being moved to explain what he meant by the word (Power) which (he faid) we did oppofe, he anfwered, "• I cannot defcend to particulars, or go from that his Majefty gave me " warrant or power to deliver. This Mcfl'age was very unpleafing to the Houfe, and many debates fuc- ceeded thereupon. And ^'■^v'Rokrt phi/lips faid, he hoped their moderation would have given a 'Onght underftanding to his Majefty of their loyalty, ''/^Thers propofed to finde out a way by Gods providence to make this ''^-^MefTage happy to King and People, it concerning the Kings honour " abroad, and our faftty at home, that this Parliament be happy. Let us prer " vent (fay they) thefe mifchiefs, which by frequent meffages thus obltrud: us ■■, let thofe Gentlemen neer the Chair fee that we have endeavored '' to apply our felves to his Majefties ferv'ice, notwithftanding this Meflage. " In 1 2. ^ac. a meflage of this nature produced no good ; nothing fo en- " dangers us with his Majefty, as that opinion that we are Antimonarchi- " cally affefted, whereas fuch is and ever hath been our loyalty , if we " were to choofe a Government,we would choofe this Monarchy ot England *' above all Governments in the world. A Bout two days after Mr. Seaetary Cook again did quicken the bufinefs of fupply",alledging '' that all negotiations of AmbaflTadors are at a Jftop '' while the Houfe fits, and that this flop is as a froft upon the earth, that " hinders the fvvect vapors between his Majefty and hisSubjeds, and that " as matters ftand, the Soldiers can neither be disbanded nor put in fcrvice. -'npHis motion comes unexpeftedly, but it is fit to receive fome fatisfa-' " A dion, the proceeding now with our Grievances ftiall opentlieftop " that hinders his Majefties affairs. SIxHumfhrey Af^^ added, " That fvveetnefs, nuft and confidence are the onely weapons tor us to deal with our King •, and that coldnefs, inforce- '' ment and conftraint will never work our ends : If we compafs all we de- '* fire, and have not his Majefties heart, what will a Law or any thing elfe " do us good "t HEreupon it was ordered *' That a fpecial Committee of eight perfons ikiU prefently withdraw themfelves, and confult together upon fome <' heads, and upon the fubftance of a fair reprefentation to his Majefty, whicli '' theSpeaker lliall deliver in his Speech to his Majefty on Monda-^ next, (if '' the King pleafe to give accefs) and at the fame tiitie to deliver the Petition '' againft billeting of Soldiers. , ^- Speakers 4. Caroli. Sir Rob. Phillips. Secr.Cook, Mr. Wandcf. ford. Sir Humphry May, Hifiorical ColleBions, Mr, Speakers Speech to the King at the dehveiy of the Pe- tition for billeting of Soldiers. (ifMaJier Speaf^ers Speech to the K^ng on Eajler Monday, Mofl gracious and dread Soveraign, ''VrOur dutiful and loyal Commons here affembled, were lately humble " '^ fuitors to your Majefty for accefs to your Royal pretence •, the occafion " that moved their defires herein was a particular of importance,worthy your '' Princely confideration, wliich, as it well deferves, ilwuld have been the " onely fubjed of my Speech at this time. ''But fince your gracious anfwer for this accefs obtained by amelTage '' from your Majefty, they have had fome caufe to doubt that your Majefty '' is not fo well fatisficd with the manner of their proceedmgs, as their hearty ''defireis you Oiould be, efpecially in that part which concerns your Maje- " fties prefent fupply, as if in the profecution thereof they had of late ufed '' fome ilacknelVor delay. "Andbecaufenounhappinefsof theirs can parallel with that which may '' proceed froma mifunderftanding in your Majefty of their clear and loyal '' intentions, they have commanded me to attend your Majefty with an humble and fummaiy Declaration of their proceedings fmce this ftiort time of their fitting , which they hope will give your Majefty abun- (( (C 'O 5 " dant fatisfa(flion, that never People did more truly defire to beindeared '' in the favour and gracious opinion of their Soveraign •, and withal to " let you fee , that as you can have no where more faith tul counfel, fo your " great defigns and occafions can no way be fo fpeedily or heartily fup- " ported, as in this old and antlent way of Parliament. " For this purpofe they humbly befeech your Majefty to take into your ''Royal confideration, that although by antient right of Parliament the '' matters there debated are to be difpofed in their true method and order ,and '' that their conftant cuftome hath been to take into their confiderations " the common grievances of the Kingdom , before they enter upon the '' matter of fupply-, yet to make a full expreflion of that zeal and affe- '' dion which they bear to your Royal Majefty, equalling at leaft, if not '' exceeding the beft aflfeftions of their predecefTors, to the beft of your pro- '' genitors •, they have in this Affembly, contraiy to the ordinary proceedings '' of Parliament,oiven your Majefties Supply precedence before the common " grievance of tlie Subjtd , how prefling foever , joyning with it onely '•' thofe fundamental and vital liberties of the Kingdom, which give fub- <•' fiftence and ability to your Subjeds. '' This was their original order and refolution, and was grounded upon " a tme difcerning that thefe two confiderations could not be fevered, but " did both of them intirely concern your Majefties fervice,confifting no lefs "in enabling and encouraging the Subjed, then in proportioning a Prefent " fuiting to your Majefties occafions and their abilities •, nay, fo far have *' they been from ufing any unneceflary delays , as though of the two '' that of Supply were the latter propofition amongft them , the Grand " Committee to wliich both were referred hath made that of your Maje- " fties fupply firft ready forconclufion. And B D Htftorical ColleBions, HI B D cc '' And to be fuie your Majefties lupply might receive no incerniption ''by the other, differing fiom ufage and ciifbme (in cafes of this nature) ''fent up of thole that concern the Subjedls by parcels, fome to your '' Majefl:y, and fome to the Lords, to the end your Majefty might re- " ceive fuch fpeedy content, as futed with the largeft and beft extent of " their firft order. " Sii, You are the breath of our noflrils , and the light of our eyes , '<;ind befides thofe many comforts, which under you and your Royal ' progenitors, in this frame of Government, this Nation hath enjoyed , " the Religion we profefs hath taught us whofe Image you are -, and we **do all moft humbly befeech your Majefty to believe, that nothing is or "can be more dear unto us then the facred Rights and Prerogativ'es of ''your Crown; no perfon orCouncel can be greater lovers of you, nor " be more truly careful to maintain them , and the preferving of thofe ** fundamental Liberties which concern the fi-eedom of our perfons , and " propriety of goods and eftates, is an effential means to eftabliih the true '' glory ot a Monarchy. ''For rich and fireeSubjefts as they are beft governed, fo they are moft " able to do your Majefty fervice, eitner in peace or war, which pext under " God hath been the caufe of the happy and famous vidories of this '' Nation, beyond other Kingdoms ot larger Territories and greater number " of People. "What information foever contrary to this fliall be brought unto your '< Majefty, can come from no other then fuch as for their own ends under " colour of advancing the Prerogative, do indeed undermine and weaken '' Royal Power by impoverilhing the Subjects , render this Mo- " narchy lefs glorious , and the People lefs able to ferve your Ma- *'jefty. " Having (by this that hath been faid) cleared our hearts and proceed- ''ings to your Majefty, our truft is, that in your Royal Judgement we ♦'fhall be free from the leaft opinion of giving any necefwry ftop to our " proceedings in the matter of your fupply , and that your Majefty will " be pleafed to entertain belief of our alacrity and chearfulnefs in your fervice, *< and that hereafter no fuch misfortune fliall befal us to be raifunderftood by " your Majefty in any thing. "We all moft humbly befeech your Majefty to receive no informa- '' tion in this or any other bufmefs from private relations, but to weigh and "judge of our proceedings by thofe refolutions of theHoufe that fliall be *' reprefented from our felves, '' This rightly and gracioufly underftood , we are confident from the '' knowledge of your goodnefs and our own hearts, that the ending of ''this Parlument fliall be much more happy then the beginning, and be I '' to afl ages ftyled the hk^ed Parlimicnt , tor making peifed union be- " tween the beft King and the beft People, that your Majefty may ever " delight in calling us together, and we in the comforts of your gracious '' favour towards us. "■ In this hope I return to my firft errand, whicli will beft appear by " that which I fliall humbly defire you to hear , and being an humble '' Petition for the Houfe of Commons for redrelfing of thofe many in- " conveniences and diftraflions that have befallen your Subjefts by the '' billeting of Soldiers in private mens houfes againft their wills. ''Yom- Royal proj;eniiors have ever held your Subjects hearts the beft and our humble fuit to your Maje.fty is, Z 7. z " that " Gairifon of this Kingdom 4 Careli. 5+8 An. 1628. The Petition concerning billeting of Soldiers, Hijlorical QolleBions, that our faith and loyalty may have fuch place in your Royal thoughts, as to reft aflfured that all your Subjeds will be ready to lay down their lives for the defence of your facred perfon and this Kingdom. '' Not going our felves into our Countries this Eafter, we fliould think it a great happinefs to us, as we know it would be a Angular comfort and encouragement to them that fent us hither, if we might but fend them the news of a gratious anfwer from your Majefty in this particular, which the reafons of the Petition we hope will move your moft excellent Majefty gratioufly to vouchfafe us. The Tetition concerning the hilleting of Soldiers fre- Jentedio the Kjngs moft excellent Majefty, IB all ijunnlfcv coniplaininc! , njctoctt) unto ))our moff eiccenent 03ajcft\» pouc lopal nutJ nutiful Commons noui m l^nrlia= mcnt affemiiicD, Cijat uiljercas by t|)e fimoamcutal laujss of tljis Realm mrj) freeman Ijatl), anu of ngljt ougljt to l)a\3e, a fullanti abfolutc p?op?icty in bid ©ooti0 anti (gffate, anD tljat tljerefo^c tijc billeting anli placing tljc ©oinicris in tIjc ijoufe of any fuclj freeman ne;aincbisiU)Ul,iiStJirectli) contrary to tlje faiD Laiujs unDer usljuljuje nnti ouranccfto^s IjaHe been fo ions anti Ijappilv KObernen, jntin apparent biolation of tlje faiU anticnt anti iinboirbtctJ risijt of all vonr £0a]cftic0 Lopal Sjubjectjs of iW )'our l^tngbom in general^ nnu to tl)c grieboujj anB infuppo?tablc bejcation antJ Dctrmicnt of nianv Counttc0 anti pcrfongi m particular , a nciu anti aln-off un= bcarDof luav Ijatlj been inncnteb anb put in practice, to la)) ^olbier.s upon tbem, fcattcreo in Companies Ijere ano tljcre, tViut \\\ tljc beart anti boweljs of tljus i^insriom, anb to compel many of)>our 93ajeftie!3 ^ubjectis to receibe anb iobgc tljem in tbeir oum ljoufc0, auB botl) tbcmfelbeg nnb otljerjs to contribute tob3arb tbc maintC' nance of tbcni , to tlje occccoins great bitfcrbtcc of pout S^ajeftp, tbc general terro? of all, anb utter unboing of many of your li)eople, iufomucb asi b3e cannot fufficicntly recount, no? in any uiav p?opo?^ tionable to tbe libely fenfe tljat iuc babe of out s©ifcric!3 bctem, are m able to rcp?efent imto your Majefty tbe innumerouss miD cbicfo anb moft gricbou0 betatioujS , tbat by tbi0 meansi aloite loe bo nou) fuffct , UJbcreof tue uiill not p?efumc to trouble your facren earj) UJitb particular inftanceg, onelv moft gratious eoncraign luc beg leabc to offset to your gratiouss liieu) a compafftonatc confibcratton of a fcU) of tbem in particular* 1. Cbc ferbicc of aimigbtv (Sob i0 bereby greatly Ijinb^cb, tbc li)coplc in many places not liarmg to repair to tbc Cburclj, left m tbc mean time tbe S)Olbicr0 fljouib rifle Ujeic boutes* 2. cbc anticnt anb goob gobcriimcitt of tbc Countrey 10 Ijcrcby ncglecteb, anb almoft contemneb, 3. iD^our ©fficerd of Jufttcc in pcrfojmance of tbcit butic0 babe been rcfifteb anb cnbangcrcb 4. Cbe Eents anb Rcbenucs of vour gentry greatly anb gcnctaUy bnnuunjcb, farmcrjs to fecurc tbcmCclbrS from tbc ,tl)entotbetciinpobertnjinff anODearuction, fo tbat tberebp tbev arc ercccDinglP DlfablcD to viclD pour £0ajcftp tbofc @;upplic9 fo? pour urgent occafion&, U)bicl) tbep beartiip Defire ^ ano I'ct tljep arc furtber pcrplcrco tuitb app^cljcnflon of mo^e app?oacbing Danger, one in regarD of pour g)Ubjects at borne, tbe otberofene= mics from ab2oaD , in botb wbicb refpccts it fecms to tb?eaten no fmall calamitp to tbe meaner fon of pour people, beutg ercej^Dmg poo?, uibcreof m manp places arc great eiSultituDcS, ano tbciefo?e in times of mo2e fctlcD anD moa conflant anminiftration of iiuftice, not eafilp rulcD, arc molt apt upon tins occnfion to cad off tbe reins of (Soiicrument , anD bp jopning tbcmfcl\)cs untb tbofc Difo?Dcrco ^olDtcrS are ijcrp lihe to fall into st^utmp anD Ecbellion; iDbttb m faitbful Difcbarge of our Duties lue cannot foibcac molt bumblp to p?efent to pour Ijigb anD crccllcnt tuifebom, being p^cffeD UJitb probable fears tbat fome fncb miscbtcf unll n)0?tlp enfue , if an effectual anD fpccDp courfe be not taken to cemone out of tf)e lanD, 0? otbevuJife to DisbauD tl)ofc unrulp Companies* ifo? tbe feconD, toe Do moff bumblp befcecb pour 99ajeffp to tafee into pour li)nncetp confiDcration , tbat manp of tljofc companies, bcfiDcs tljeir DilTolutc Difpofitions anD carriages , are fucb as Do opcnlp p?ofcfS tbcmfelbes }3apifts , anD tbcrcfo2c to be fufpcctcD, tbat if occafion ferlic tbep lutll ratber aDbere to a fo?cin Cnemp of tbat Ecligion , tben to pour 2i9ajcap tbeir liege 3Lo?D anD ^o\)eraign , efpeciallp fome of tbeir Captains anD commanDcrs, being as l^opinilp affcctcD as tbcmfelbes s anD baling ferbcD \\\ tbe e;Oars on tbe part of tbe ming of Spain , anD iarcb'Dutcbefs againfivour q^ajeffies allies ; luljicb, of lubat pernicious confequencc it map pjobcauDboui picniDicial to tbe fafctp of pour UingDom, uie lea\)e to pour ^ajeftics ijigb anD li)?uicclp luifcDom. anD no\n upon tbefe, anD manp mo?c tof)icb migbt be allcDgcD, moft UJEigbtp auD important Ecafons grounDcD on tbe mainte nance of tbe (KUojfliip anD ^cr^ice of aimigbtv *J?oD , tbe conti= nuance anD aD\)anccmcnt of pour 03ajcnics btgb bonour anD profit, tbe picfcrDation of tbe antient auD unDoubtcD liberties of pour l^eople , anD tbercin of Jufttcc , inDuflrp , Galour , lubicb mtfvlp concerns tljc glo?p aiiD bapptncfs of pour ^iajcttp, anD all pour 25;?5 i g)UbjertS H9 4 Caroli. 550 1 Hijlorical ColleBions, yftf. 1628. ©ubjectsj, an0tl)ep?e^ciitmgof calamity auu tuine botb of Cliurc!)] anD commomucalti) : mt j?ouv ^ajefficjs moff ijumWe anu lo?al ®ubicct0 , tbc jl^mg5t0 , Citt5cn0 , anD 'BurgefTejS of vour JDoufe of com= moitiS, in tl)c name of aU tbe Commonaltv of pout mtngnom, toho ace upon XW occafion moft mtferamv mfconfolate anu afaicteu , p?oftratc at ti)c C|)?one of pout (S^ace anH juKice Do moft arncntlp beg a pjefent temobe of t\m infuppo?tabIc butHen , anB tljat pout ^aiefiv sximXi^ be graciouflp puafen to Cecute uji ftom tbe itfee p?c(rute in tlje time to come* To Hiflorical Co/IeBiom. 551 To the Speal^ers Speech and this Petition his Maje- (ij made this reply ^ ing ypere read hj the Clerk^ of the upper Houfe, THat his Majefty would be pleafed gracioufly to Declare, That the good old Law called Magna charta , and the fix Statutes conceived to be De- clarations and Explanations of that Law, do ftill ftand in force to all intents and purpofes. 2 . That his Majefty would be pleafed gracioufly to Declare,That accord- ing X.0 Magna Chart a, and the Statutes afore named , as alfo according to the mod ancient Cufloms and Laws of this Land , every free Subjed of this Realm, hath a fundamental Propriety in his Goods , and a fundamental Li- berty of his Perfon. 3. That his Majefly would be gracioufly pleafed to Declare, That it is his Royal plealure toratifie and confirm unto all and every his Loyal and faithful D Hilior'tcal QolleBions, ^n B D j faithful Subjeds, all their ancient, feveral, juft Liberties, Pnviledges and Riglus,- in as ample and beneficial maner to all intents and purpofes, as their Anceftors did enjoy the fame under the beft of his moft noble Proge- nitors. 4. That his Majefty would be further pleafed gracioufly to Declare , for the good content of his loyal Subjeds, and for the fecunng of them from future fear. That in all Cafes within the Cognizances of the Common [ Law concerning the liberties of the Subjed , his Majefty would proceed according to the Common Law of this Land, and according to the Laws eftablillied in the Kingdom, and in no other maner or wife. 5. As touching his Majelties Royal Prerogative, intrinfical to his So- veraignty , and betrufted him withal from God , ad commumm totius fo- pdi (aliitem , ^ non ad deflruBtonem. , that his Majefty would refolve not to ufe or divert the fame , to the prejudice of any his loyal People in the propriety of their Goods , or liberty of their Perlons : And in cafe , for the lecuntyof his Majefties. royal Perfon, the common fafety of his People, or the peaceable Government of this Kingdom , his Majefty fhall finde juft caufe tor reafon of State to imprifon or reftrain any mans Perfon, his Majefty would gracioufly Declare , That within a convenient time he Ihall , and will exprefs the caufe of the commitment or reftraint , ei- ther General or Special-, and upon a caufe fo exprefled , will leave him im- mediately to be tryed according to the common Juftice of the Kingdom. *A fur the reading of the Tropofitions , the Archhi^ [hop [aid, THis is but a Model to be added unto , altered, or diminiflied , as in your reafons and wifdoms ye ihall think fit , after ye have communicated the fame to the reft of the Members of the Houfe. To this Speech Sir Dudley Diggs, it being at a free Conference, made ^ply-^ '' XyT Y Lords, it hath pleafed God many ways to blefs the Knights, Ci- " iVi- tizens , and Burgefles now aflembled in Parliament , with great " comfort and ftrong hopes , that this will prove as happy a Parliament as " ever was in EnHand. And in their Confultations for the fervice of his '' Majefty, and the fafety of this Kingdom , our fpecial comforts and ftrong '' hopes have rifen from the continued good refped, which your Lordfliips '' fo nobly from time to time have been pleafed to ftiew unto them, particu- '' larly at this prefent in your fo honorable profefsion to agree with them in ''general, anddefiring to maintain and fupport the fundamental Laws and " Liberties of England. "T lie Commons have commanded me in like fort to affure your Lord- '' Hiips , they have been, are, and will be as ready to propugne the juft Pre- " rogative ofhis Majefty , of whicli in all their Aiguments , fearches of Re- " cords, and Refolutions they have been moft careful , according to that *■' wliich formerly was, and now again is protefted by them. <' Another 4 Caroli, Sir Dudley Diggs replies to this Speech. j2± An. i^8t Hifcorical CoIleHions. " Another noble Argument ot your honorable difpofition towards them " is exprefled in this, That you are pleafed to expwft no prefent anfwer '"■ from them, who are (as your Lordfliips in your great wifdoms, they doubt " not, have confidered) a great Body that muft advife upon all new'Propo- " fitions, and refolve uj)on them before they can give anfwer , according to ♦' the ancient Order ot their Houfe. Bui it is manifeft in general (God be " thanked for it) there is a great concurrence of affedion to the fame end in " both Houfes, and fuch good Harmony, thati intreat your Lordfnips leave *' to borrow a Comparifon from Nature , or natural Philofophy : As two *' Lutes well ftrung and tuned brought together , if one be played on , little "ftraws and flicks will Itir upon the other, though it lyeftill: fo though " we have no power to reply , yet thefe things faid and propounded cannot *' but work in our hearts, and we will faithfully report thefe PalTages to our *' Houfe, from whence in due time (we hope) your Lordfliips fhall receive tentful Anlwer. aiftj-dj ,. t^^vv, cc acont The Commons were not fatisfiedwith thefe Propofitions , which were conceived to choak the Petition of Right, then undet confideration , but de- murred upon them. Monday Hiftorical Co/leBiom, 551 B D Monday 28 April. The Lord Keeper fpal^e to both Houfes of Tar- liament by the K^ngs command , Tpha^Mpas then frejent. " \ >T Y Lords, and ye the Knights, Citizens and Burgeffes of the Houfe "^y^ of Commons, ye cannot but remember the great and important " Aftuirs concerning the fafety both of the State and ReUgion , declared at " firft from his Majefties own mouth, to be the caufes of the Aflembling of " this Parliament •, the fenfe whereof , as it doth daily increafe with his M a- " jefty, fo it ought to do , and his Majefty doubts not but it doth fo with '"you, fince the danger increafeth everyday, both by effluxion of time, " and preparations of the Enemy. "Yet ins Majefty doth well weigh, that this expence of time hath been " occafioncd by the Debate which hath arifcn in both Houfes touching the " Liberty of the Subjcd •, in which, as his Majefty takes in good part the " purpofc and intent of the Houfes, fo clearly and frequently profefled, that "they would not diminilh or blemilh his juft Prerogative, fo he prefumes "that ye will all cbnfefs it a point of extraordinary Grace and Juftice in him " to fuffer it to reft fo long in difpute without interruption •, but now his " Majefty confidering the length of time which it hath taken , and fearing " nothing fo much as any future lofs of that whereof every hour and mi- " nute is fo pretious , and forefeeing that the ordinary way of Debate, " though never fo carefully husbanded,in regard of the Form of both Houfes, " neceflarily takes more time then the Affairs ofChrift^ndom can permit, "his Majefty out of his great Princely care hath thought of this expedient " to (liorten the bufinefs, by declaring the clearnefs of his own heart and i.n- "tention : And therefore hath commanded me to let you know, That he " holdetb the Statute of Magna. Charta, and the other Six Statutes injified upon "for the Subjects Liberty, to be all in force, and ajfures you, that he mil main- " tain a/l his Subjects in the juft Freedom of their Verfons, and (afety of their " Eflates : And that he rvill govern according to the Laws and Statutes of this "Realm" Andthatye jhallfinde etsmuch fccurityin his Majcflies Royal Word " and Promife, as in theflrength of any Law ye can make ^ Jo that hereafter ye ^'■fhall never have caufe to complain. The conclufion is , That his Majefty "prayeth God, who hath hitherto blefl'ed this Kingdom, and put into his "heart to come to you this day, to make the fuccel's thereof happy , both " to King and People : And therefore he defires that no doubt or dilfruft "may poftefs any man, but that ye will all proceed unanimoufly to the " buhnels. The Commons being returned from the Lords Houfe, Mr. Secretaiy Cook perfwaded them to comply with the King. His Majefty, faid he, puts us in minde of the great important Affairs of the State, and of his fenfe thereof, that by effluxion of time increafeth in him, and he doubts not but that it doth increafe in us : Ye fee his Maje- fties moderation in the interpretation of all our aftions •, he faith that he hopes we have the fame fenfe he hath, he is pleafed to confider ot the Occa- fion of expence of time that grew from the Debates in both Houfes, We Aaaa fee 4 Caroli. TheLoid Keepers Speech 10 both Houfes, concerning fupplyjby the Kings com- mand. 1l6 Eifiorical Colleciions, An 1628 I Ice how indulgent he is, thathowever the Affairs of Chriftendon:! are great, * yet he omits not this, nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative : Alio his Majefty prefumes that we will contefs that he hath ufed extraordinary Grace , in tliat he hath indured difpute fo long, he acknowledgeth it Juftice to ftand as we have don^ Further, out of a Princely care of the Publique, he is careful no more time be loft ^ and becaufe he lees fome extraordinary courfe to be taken tofatif- fie us 5 he obferves that in the Form of Debate fuch length is required , as the nature of the bufinefs will not indure. It is to be prel"umed,that his Go- vernment will be according to the Law: We cannot but remember what his Father laid , He is no King but a. Tyrant, that governs not hj Lm ^ But this Kmgdom is to be governed by the Common Law, and his Majefty affures us fo much •, the Interpretation is left to the Judges, and to his great Council, and all is to be regulated by the Common Law ^ I mean not Mag- na. Charta onely , for that Magna Chart a was part of the Common Law, and the ancient Law of this Kingdom •, all our difference is m the Application of this Law, and how this Law with difference is derived into every Court. I conceive there are two Rules, the one of Brafs, that is rigid and will not bend, and that is the Law of the Kings Bench, this Law will not bend-, and when it lights on Subjefts fitting, if it do not bend, it js unjuft: And there comes in the Law of the Chancery and of Equity •, this is Applicati- on of Law in private mens Caufes , when it comes to Meitm ^ tuitm. And thus the general Government of Cafes , with relation to the common State of the Kmgdom, is from the Council Board , and there they are to vary from the Law of the Kingdom : Suppofe it be in time of Dearth, Propriety of Goods may in that time be forced, and be brought to the Mai-ket : We faw the experience of it in Coals in London, and the Council Board caufed them to be brought forth and fold. In a time of Peftilence men may be reftrained: If a Schifm be like to grow in a Church, the State will enquire after the favorers of it : if there be tear of Invafion, and it be encouraged bv hope of a Party amongft us , it is in the power ot Government to reftrain men to their houfes. In the Compofure of thefe things there is great difference : What diffe- rences have been between the Courts of Chancery and Kings Bench f It is hard to put true difference between the Kings Prerogative and our Liber- ties. His Majefty faw expence of time would be prejudicial t, it pleafed God to move his Majefty by a Divine hand to (hew us a way to clear all our difficulties •, let us attend to all the parts of it , there be Five Degrees, and there is more afl'urance then we could have by any Law whatfoever. His Majefty declaies, Thzt Magna charta and tne other Statutes are in force: This is not the firft time that the Liberty of theSubjed was infringed, or was in Debate and confirmed ; all times thought it fafe, that when they came to a Negative of Power, it was hard to keep Government and Liber- ty together •, but his Majefty ftopped not there , but according to the fenfe of thefe Laws, That he will govern his Subjects in their juft Liberties, he affures us our Libqjties are juft , they are not of Grace, but of Right 5 nay he affures us he will govern us according to the Laws of the Realm, and that we fhall finde as much fecurity in his Majefties Promife, as in any Law we can make^ and whatfoever Law wq fhall make, it muft come to his Majefties allowance^ and if his Majefty findecaufe in his Government, he may not put life to it : We daily fee all Laws are broken, and all Laws will be broke tor the Publique good, and the King may pardon all Offenders •, his A B D Hiftorical QollelHons, 557 B D his Majefty did fee that the beft way to fettle all at miity, is to exprefs his own heart: The Kings heart is the beft guarder of his own promife, his promife is bound with his heart. What Prince can exprefs more care and uifdom ''. Laftly he faith, That hereafter ye fliall never have the like caufe to com- plain •, May we not tliink the breach is made up < is not his Majefty ingagcd in his Royal word c* The conclufion is full of weight : and he prayes God , that as God hath blefled this Kingdom , and put it into his heart to come amongft us, fo to make this day fuccefstul. The wrath of a King is like the roaring of a Lyon^ and all Laws with his wrath are to no effect ^ but the Kings favour is like to the dm of thegrafs , there all will prolper •, and God made the Inftru- ments to unite all hearts. His Majdty havmg thus difcharged himfelf, he prayesus to proceed to the bufinefs that fo much concerns him. As his Majefty hath now iliewed himfelf the beft of Kings, let us acknowledge his Majefties goodnefs, and return to that Union which we all defire. But this motion was not received with general acceptatioa •, and Sir^w- iamm Ritdyard replyed to it in thefe words. cc WE are now upon a great bufinefs. 4 Car oil. and the maner of handling it may be as great as the bufinefs it felf. Liberty is a precious " thing, for every man may let his own price upon it, and he that doth not " value it, deferves to be valued accordingly -, for mine own part, I am clear " without fcruple, that what wehaverefolved, is according to the Lawj " and if any Judge in England were of a contrary opinion, I am fure we " iliould have heard of hun ere now 5 out of all queftion, the very fcope and " drift of Magna Charta was to reduce the Regal to a Legal Power in matter " of Impriionment, or elfe it had not been worthy fo much contending for. " It is true. That the King ought to have a truft repofed in him, God for- " bid but he fliould, and I hope it is impofsible to take it from him ; for it "lies not in the wit of man, to devife fuch a Law as lliall comprehend all " particulars, all accidents, but that extraordinary Caufes may happen, which " when they come, if they be difpofed of for the common good, there will " be no Law againft them^ yet muft the Law be general, for otherwife Act " raifsions and Exceptions will fret and cat out the Law to nothing. God " himfelf hath conftituted a general Law of Nature , to govern the ordi- "nary courfeof things, he hath made no Law for Miracles-, yet there is " this obfer\'ation of t nem,that they are rather prater naturam^then contra na- " turam^and alw^iys propter hones fnesSo the Kings Prerogatives are rather be- " fides the Law, then againft it 5 and when they are dire(illy to their ends " for the publique good, they are not onely concurring Laws, but even Laws " ui fingularity and excellency. "But to come nearer, let us confider where we are now, what ftepswe " have gone, and gained •, The Kings learned Councel have acknowledged " all the Laws to beftillin force, the Judges have not allowed any Judge- " ment againft thefe Laws , the Lords alfo have confeflcd , that the Laws ''areinfullftrength-, they have further retained our refolutions intire , and " without prejudice. " All this hitherto is for our advantage-, but above all his Majefty hath "this day (himfelf being publiquely prefent) declared by the mouth of the " Lord Keeper, before both the Houles , That Magna Charta and the other Aaaa z fix Sir Ben.Rud- yards Speech concernin2 that motion. 558 \ Hiftorical ColleUiom, An. 1638. \ A Commit- tee oidercd to draw up a Bill in order to the Peti- tion ot Right Mr, Secreta- ry Cook l')ring;saMcf- fagc to relyc on the Kings Word. " fix Statutes, are ftill in force •, That he will maintain his Subjeds in the Li- " berties of their Perfons, and Proprieties of their Goods ■, That he will go- "v«nthem according to the Laws of the Kingdom-, this is a folemn and " binding fatisfadtion , exprefsing his gracious readinefs to comply with his " people in their reafonable and juft deiires. The King is a good • Man, and " it is no diminution to a King, to be called fo ^ for whofoever is a good " Man lliall be greater then a King, that is not fo. The King certainly is ve- " ry tender of his prefent Honor, and of his Fame hereafter : He will think "it haidtohave a worfemark ftt upon him, then upon any of hisAnce- '' ftors,by extraordinary reftraints : His Majefty hath already intimated unto " us by a Meflage , That he doth willingly give way to have the abufe of " Power reformed •, by which I do verily believe he doth very well under- "ffand, what a miferable power it is , which hath produced fo much weak- " nefs to Himfelf , and to the Kingdom •, And it is one happinefs, that he is " fo ready to redrefs it. " For mine own part , I fliall be very glad to fee that old decrepite Law " Magna Charta, which hath been fo long kept and lien bed-rid as it were. " I Ihall be glad to fee it walk abroad again with new vigor , and luftre, at- '' tended and followed with the other fix Statutes: queftionlefs it will be a " great heartning to all the people. I doubt not, but upon a debating con- " ierence with the Lords , we may happily fall upon a fair, fit accommoda- " tion, concerning the Liberty of our Perfons, and Propriety of our Goods. " I hope we may have a Bill , to agree in the point , againft imprifonment " for Loans , or privy Seals : As for intrinfecal power and reafon of State, " they are matters in the Clouds, where I defire we may leave them, and " not meddle with them at all , left by the way of admittance, we may lofe " fomewhat of that which is our own already: Yet thisbytheway I will '' fay of reafon of State, That in the latitude by which 'tis ufed , it hath " eaten out almoft, not onely the Laws, but all the Religion of Chriftendom. "Now I will onely remember you of one Precept, andthatofthewifeft " man , Be not over rvife , be not ever jujl : and he gives his reafon, for n>hy " jvilt thoubedefoUte ? "If Juftice and Wifdom maybe ftretcht to defolation, let us thereby "learn that Moderation is the Vertue of Vertues, and Wifdom of Wif- " doms. Let it be our Mafter-piece fo to carry the bufinefs, that we may "keep Parliaments on foot : For as long as they be frequent, there will be n o " irregular Power , which though it cannot be broken at once , yet in (hort " time It will be made and mouldred away •, there can be no total or final lofs " of Liberties, as long as they laft ^ What we cannot get at one time, we fhall " have at another. Upon this debate it was ordered, That a Committee of Lawyers do draw a Bill, containing the fubftance o{ Magna charta , and the otlier Statutes that do concern the Liberty of the Subjed: which bufinefs took up two whole days. "Thur/day, the fir ji o/Mtiy. '" \ T After Scaenry Cook delivers a MelTage from his Majefty, wx:. to " 1V_1 know whether the Houfe will reft on his Royal Word., or no , deda- " red to them by the Lord Keeper •, which if they do, he aflures them it fhall " be Royally performed. Upon B D Hiflorical ColleBions, ')59 B D Upon this therewasafilencefor agoodfpace: Then Mr. Secretary Ctfnaj's next, for the pertefting of fuch things as cannot " now be done. This Mefl'age was debated the next day, being Saturday May 30. whereupon Sir ^ohn Elltot fpake to this effect. The King, faith he, will rank himfelf with the beft of Kings , and there- fore he would have us to rank our felves with the beft Subjeds ^ we will not incroach upon that Soveraignty that God hath put into his hands : This makes me tear his Majefty is milinformed in what we go about, let us make fome inlargement, and put it before huti, that we will not make any thin^^ new •, as for the time of this Seflion, it is but Hiort, and look how many Mefl'ages we have, fo many interruptions,and mis-reports, and mis-reprefen- tations to his Majelty produce thofe Meflages. Sir Mtles Fleetrvood continues the Debate, and faid. That this bufinefs is of great importance, we are to accommodate this : The breach of this Par- liament will be the greateft mifery that ever befell us ; the eyes of Chri- ftendom are upon this Parliament, the ftate of all our Proteftant friends are ready to be fwallowed up by the Emperors Forces, and our own Kingdom is in a miferable ftraight, tor the defence of our Religion that is invaded by the Romifh Catholicks, by the colour of a Commiflion, which is intolerable; the defence of our Realm by Shipping is decayed, the Kings Revenue is fold and gone, where fliall the reliet be obtained but in Parliament < Now we are in the way, let us proceed by way of Bill, in purfuance of the Kings Mef- fage, to eftablilh the Fundamental Laws in Propriety of our Goods, and Li- berty of our Perfons : It was declared to us, that courfes by Loan and Im- prifonment were not lawful ■^ let us touch them in our Bill, and that all Pre- cedents and Judgements feemingtothe contrary, be void, and that all, ^ Commitments againft the Law be remedied, and that we be protefted againft the fear of Commitments. In condufion, the Commons agree to an Anfwer to all the preceding Mefl'ages, and prefent it to the King by the mouth of their Speaker. The Speakers Speech to the K^ng in Anfwer to fever al MeJJages, Mojf Gracion^s and Dread Soveraign, "Our Loyal and Obedient Subjects, the Commons now Aflembled in Parliament, byfeveral Meflages from your Majefty, and efp^lly hat your Declaration delivered by the Lord Keeper before roth 'bv t 561 4 CarUi. Sir John Elliot. «.y "Houfes, (C have to their exceeding joy and comfort received many ample expreflions of your Princely care and tender aifedlions towards them, wicli " a gracious promife and aflurance, that your Majefty will govern according '' to the Laws of thi-s Realm, and fo maintain all yourSubjeds in the juft " Freedom of their Perfons , and Safety of theii- Eftates , that all their '' Rights and Liberties may be by them enjoyed with as much freedom and '' fecurity in theii' time,as in any age heretofore by their Anceftors under the " beft of your Progenitors : For this fo great a tavor enlarged by a com- " fortable iniimation of your Majefties confidence in the proceedings of this " Houfe , they do by me their Speaker make as full return of moft humble " thanks to your Majefty , with all dutiful acknowledgement of your " Grace and Goodnefs herein extended unto them. " And \Ahereas in one of thofe Meflages delivered from your Majefty, ■ " there The Speak- ers Speech to the King, in aiifwer to feveral Mcl- fagesi Hifiorical CoIleHiom. 562. J^, 162 8. "■ there was an expreflion ot your delire to know whether this Houle woold '' left upon your Royal Word and Promife , afliiring them , that if they ''^ would, it lliould be royally and really performed : As they again prefent " their humble thanks tbr the fecondmg and ftrengthning of your former " Royal expreflions, fo in all humblenefs they affure your Majefty , that " their greateft confidence is, and ever muft be in your Grace and Goodnefs, " without which they well know, nothing that they can frame or delire, " will be of fafety or value to them : Therefore aie all humble Suiters to " youi- Majefty, That your Royal heart will gracioufly accept and believe "'^ the truth of theirs , which they humbly prefent as full ot truth and con- " fidence in your Royal Word and Promife, as ever Houfe of Commons " repofed in any ot~ their beft Kings. " True it is, they cannot but remember the publique Truft for which " they are accomptable to prefent and future times •, and their defires are, " That your Majefties goodnefs might in Fruit and Memoiy be the Blef- " ling and Joy of Pofterity. " They fay alfo , That of late there hath been publique violation of the " Laws , and the Subjeds Liberties , by fome of your Majefties Minifters, *•' and thence conceive that no lefs then a publique remedy will raife the de- " je^ed hearts of your loving Subje(!:ts to a chearful fupply of your Majefty, " or make them receive content in the proceedings ot this Houle. " From thofe conliderations, they moft humbly beg your Majefties leave "to lay hold of that gratious ofter of yours , which gave them aflurance, "That if they thought fit to fecure themfelves in their Rights andLiber- "ties, by way of BUI, orotherwife, fo it might be provided with due re- " fpeCl to Gods Honor , and the publique Good, yon would be gracioufly " pleafed to give way unto it. Far trom their intentions it is any way to in- •'croach upon your Soveralgnty, or Pierogati\'e 5 nor have they the leaft "thought of ftretchingor enlarging the former Laws in any fort by any " new Interpretations , or Additions •, the Bounds of their defires extend " no further , then to fome neceffary Explanation of that which is truly " comprehended within the juft fenfe and meaning of thofe Laws,with fome " moderate provifion for execution and performance, as in times paft upon " like occafion hath been ufed. " The way how to accomplifli thefe their humble defires , is now in fe- '' rious confideration with them ^ wherein they humbly affure your Maje- " fty , they will neither lofe time , nor feek any thing of your Majefty, but " that they hope may be fit for Dutiful and Loyal Subjeds to ask , and '' fojKi gracious and juft King to grant. His Ma]ejlies Anfmr n^as delivered by the Lord Keeper. Mr. Speaker, and you Gentlemen of the Houfe of Commons, His Ma- jefty hath commanded me to tell you , that he expeifted an Anfwer by your Ailions , and not delay by Difcourfe : ye acknowledge his Truft and Confidence in your proceedings , but his Majefty fees not how you re- quite him by your confidence of his Word and Actions : For what need Ex- planations , if ye doubted not the performance of the true meaning ■: for Expl; nations will ha2ard an incroachment upon his Prerogative. And it may wellbefaid. What need a new Law to confirm an old, if voure- His Ma;?- Uies anlwer to the Sp'-a- kcii Spcedi. Hifcoricai ColieBtons. A B D 5(^3 pofe confidence in the Declaration his Majefty made by me to both Houfes-, and your felves acknowledge, that your greateft trult and confidence muft be in his Majefties Grace and Goodnefs , without which nothing ye can frame will be of fafety , or avail to you : Yet to fliew cleerly the finccrity of his Majefties intentions, he is content that a Bill be drawn for a confirma- tion of Magna Chart a , and the other fix Statutes infifted upon for the Sub- jcds Liberties , if ye Ihall choofe that as the beft way , but fo as it may be without Additions, Paraphrafes, or Explanations. Thus if you pleafe you may be fccured from your needlefs fears , 'and this Parliament may iiave a happy wifiied for end : whereas by the contrary, if ye feek to tie your King by new , and indeed impoflfible bonds, you muft be accomptable to God ^and the Countrey tor the ill fuccefs ot this meeting. His Majefty hath given his Royal Word, that yefliall have no caufe to complain hereafter : lefs then which hath been enough to reconcile Great Princes , and therefore ought much more to prevail between a King and his Subjeds. Laftly, I am commanded to tell you that his Majefties pleafure is, That without further Replies or Meffages , or other unneceffary delays, ye do what ye mean to do fpeedily , remembring the laft Meffage that Secretary Cook brought you in point of time : His Majefty always intending to per- form his Promife to his power. NOtwithftanding the intimation of his Majefties good pleafure for a Bill , Mr. Secretary Cook, Ttiefday May 6. again prefted the Houfe to rclye upon the Kings Word, faying, *" That he had rather follow others, " then begin to enter into this bufinefs : lofs of time hath been the greateft " complaint , the matter fallen now into confideration, is what way to take, "whether to relye on his Majefties Word, or on a Bill : If we will confider " the advantage we have in taking his Majefties Word , it will be of the lar- '■' geft extent, and we fliall choofe that that hath moft Aflurance : An Ad of '' Parliament is by the confent of the King and Parliament •, but this Affij- " ranee by Word , is that he will govern us by the Lau's •, the King promi- "feththat, and alfothat they fliall be fo executed , that we fliall enjoy as " much freedom as ever : this contains many Laws , and a grant of all good " Laws •, nay, it contains a confirmation of thofe very LawSjAfTurance, which '' binJs the King further then the Law can •, Firft,it binds his affedion, which " is the greateft bond between King and Subjed , and that binds his Judge- " ment alfo , nay, his Honor , and that not at home but abroad ^ the Royal "Wordot a King, is the Ground of all Treaty-, nay, it binds hisConfd- " ence : this Confirmation between both Houfes , is in nature of a Vow •, " for my part 1 think it is the greateft advantage to relie on his Majefties "Word. He further added, tnis Debate was fitter to be done before the " Houfe , and not before the Committee , and that it was a new Courfe to " go to a Committee of the whole Houfe. Whereunto it was replied by Sir ■3f<>A«£//;o^, That the proceeding in a Committee , is more Honorable and advantagious to the King , and the Houfe , for that way leads moft to Truth •, and it is a more open way , and where every man may adde his reafon , and make anfwer upon the hearing of other mens Reafons and Arguments. This being the general Senfe, the Houfe was turned into a Committee, to take into confideration what was delivered to the King by the Speaker, and what was delivered to them by the Lord Keeper , and all other Mef- Bbbb fages, 4 Carolt, Ur. Secreta- ry Cook brings ano- ther Meflage to relie on the Kings Words, Sir John El- hot, 5^4- An. 1628. Sir, E.Cook, Hiftorical CoileHions, fages, and the Committee was not to be bounded with any former order : the Key was brought up , and none were to go out without leave iirft asked. In the Debate of thisbufinefs at the Committee, fomewere for letting the Bill reft : but Sir Edmrd Cocks reafons prevailed to the contrary, " Was "it ever known (faidhe) that general words were afufficient fatistadlion to " particular grievances < was ever a verbal Declaration of the King 'verhum " Re^ni ? when grievances be , the Parliament is to redrefs them : Did ever *' Parliament relie on Meflages < they put up Petitions of their Grievances, " and the King ever anfwered them : the Kings Anfwer is very gracious, '' but what is the Law of the Realm, that is the queftion. I put no diffidence " in his Majefty , the King muft fpeak by a Record, and in Particulars , and " not in General : Did you ever know the Kings Meflage come mto a Bill of '' Subfidies < all fucceeding Kings will fay,Ye muft truft me as well as you did " my Predeceftbrs, and truft my Meffages •, but Meflages of love never came " into a Parliament. Let us put up a Petition of Right : Not that I diftrufl " the King, but that we cannot take his truft, but in a Parliamentary way. On TWf(^4)i 8° J\f4«, the Petition of Right was finiflied , and the Claufe of Martial Law was added unto it , and it was delivered to the Lords at a Conference for their Concurrence •, the which Conference was managed by Sir Edmird Cook, and the fame day, as to the matter of fupply, ordered that the two firft Subfidies ihould be paid 10° of ^idy, one more 1 2° oioBo- her, another on 20° oiDccemb. and the laft on t oi March. AT the Conference Sir Edmtrd Cook thus exprefled himfelf : " My " Lords, it is evident what neceflity there is , both in refped: of your " felves and your Pofterities , to have good fuccefs of this bufinefs : We " have acquainted your Lordftiips with the Reafons and Arguments, and af- " ter we have had fome conference , we have received from your Lordftiips " Propofitions •, and it behoves me to give your Lordftiips fome reafons, " why you have not heard from us before now ^ for in the mean time as we " were confulting of this weighty Bufinefs, we have received divers Mef- " fages from our great Soveralgn the King , and they confifted of five « Parts ; " I. That his Majefty would maintain all his Subjedsin their juft free- " dom, both of their Perfons and Eftates •, " 2 . That he will govern according to his Laws and Statutes -, "3. That we ftiould find much confidence in the Royal Word, I pray " obferve that 5 « 4. That we ftiall enjoy all our Rights and Liberties , with as m.uch free- " dom as ever any Subjefts have done in former times •, "5. That whether we ftiall think it fit , either by Bill or otherwife , to " go on in this great Bufinefs, his Majefty would be pleafed to give way to it. " Thefe gracious Meflages did fo work upon our affedions , that we " have taken them into deep confideration. My Lords, when we had thefe " Meflages ( I deal plainly, for fo I am commanded by the Houfe of Com- " mons) we did confider what way we might go for our more fecure way, " nay yours •, we did think it the fafeft way to go in a Parliamentary courfe, " for we have a Maxim in the Houfe of Commons , and written on the " Walls of our Houfe , That old ways are the fafeft and fureft ways : And " at laft we did fall upon that , which we did think (if that your Lordftiips did Hijlorical ColleUions, 56 Y Lords, 'uiafaufia, both to Majefty, to your Lordlhips, and to our felves : " for, my Lords, this is the greateft Bond that any Subjcd can have in open! " Parliament, rcr^«/w iJff/:^ , this is an high point of Honor, but this ihall " be done by the Lords and Commons , and afTented to by the Kin" in Par- " liament , this is the greateft Obligation of all , and this is for the Kiiv^s " Honor, and our Safety : Therefore my Lords we have drau'n a Form of^a " Petitlbn , deiiring your Lordfhips to concur with us therein ; for we do " Come with an unanimous confent of all the Houfe of Commons and " there is great reafon your Lordfliips flwuld do fo , for your Lordfliips be " involved in the fame danger. And lb I have done with the firft part : and " I ihall now defire your Lordlhips leave that I may read that which I have " fo agreed on. Here the Petition of Right was read •, but we forbear to infert it as yet becaufe there weie propofitions for alteration j and it is not perfect, till the B Royal aflent be given to it. From the Eighth to the Twelfth of May^ all Publique bufineffes were laid afide. On Monday the Twelfth the Lords had a Conference with the Commons, where the Lord Keeper made this Speech. Gentlemen of the Houfe of Commons , MY Lords having a moft affectionate defire to maintain that good con- currence, that in this Parliament and others hath been of late between "bothHoufes,defired this Conference,to acquaint you'how,and in whatmaner " they have proceeded in the Petition of Right that came from this Houfe, "and to let you know, that aflbon as they received it, they with all care " and expedition they polTibly could,addrefled themfclves to confider there- " of , and after good time fpent in Debate in the whole Houfe, they made " a Committee to confider, whether retaining of the fubftance of the Pe- *' tition, there might not be fome words altered or put in to make it more " fweet, to procure it a pafTable way to his Majefty •, we know this muft be '' Crowned by the King, and good muft come to all the Kingdom by this " courfe now taken. The Committee hath met, and hath propounded fome *' fmall matters to be altered in fome few words, to make it paflable, and " not in fubftance. And the Lords having this Reported from their Com- '' mittee, and heard it read in their Houfe, refolved of nothing till they " have your confent-, yet they think it fitter to have it propounded to you, '' to confider whether there Oiould be any alteration or no , and how the '' propounded alterations may ftand with your liking. " Concerning the Commitment by the King and the Councel, without '' expreffing t!-.e caufe, it was refolved by the Lords to debate it this inor- " ning, and aflbon as they (liould have debated it, they purpofed to have '' your concurrence with them before they refolved it •, but at inftant when " they thought to have debated it, they received a Letter from his Majefty, " which they conceive will give afatisfadion to both Houfes in the main " point. My Lords defiring to keep that good concurrence begun, defired '' to communicate that Letter unto you, that you might take the fame into " your confideiaiions, as they mean to do themfelves : This Letter is to be " read unto you. 4 Caroli, Lord Keep- ers Speech, communica- ting a Letter fiom the King, ^66 HiJIorical QolkUions, y/w.1628. His Majefties Letter. To the right Trufty and right v^ell^beiovedy the Lords Spiritual and Temporal of the higher Houfe of Tarliament, Carolus Rex. ♦ WE king defirous of nothing more then the advancement of the Peace and rrofpcnty of our People, have given leave to free Debate upon the highejl Points of our Prerogative Eoyal, which in the time of our Predece(jors, Kings and ^eens of this Realm, were ever rejlrained as matters that they would not have di filled ; and in other things we have been willing fo far to de- fcend to the de fires of our good Subjects, as might fully fatisfe all moderate mindcs, and free them from all] ufl fears and jealoufies, which thoje Mefjages which we have heretofore fent into the Commons Houfe, wi/l well dcmonjlratc un- to the world 5 yet wefnde it fill mfiflcd upon, that in no caf whatfoever,pmdd It never fo nearly concern matters cf State or Government, we or our Privy Ccuncil have power to commit any man without the caule flxwed ; whereas it often happens, that [houLi the caufe be (hewed, the feri'tce it f elf would thereby be defrayed and defeated, and the caufe alledged mufl be fuch as may be deter- mined by our Judges of our Courts of Weftminfter, in a Legal and ordinary way of ^ufice, whereas the Caufes -may be fuch as thofe Judges have not capa- city of Judicature, nor Rules of Law to direB and guide their Judgement in cafes of that tranfcendent nature-^ which hapning jo often, the very mcroaching on that conftant Rule of Government for fo many ages within this Kingdom pra- Bifed, would [oon diffolve the very Foundation and Frame of our Monarchy, wherefore as to cur Commons we made fair Prof ofitions, which might equally pre- ferve the juf Liberty of the SubjeB : fo, my Lords, we have thought good to let you know, that without the overthrow of Soveraignty we cannot fuffer this Power to be impeached ; notwithflandmg, to clear our confcicnce and jujl intentions, this we publif}}. That it ts not in our he art, nor will we ever extend our Royal Power lent unto us fom God, beyond the jufl rule of Moderation, in any thing which fhall be contrary to our Laws andCuftoms , wherein the fafcty of our People fhall be our oncly aim. And we do hereby Declare our Royal pleafure and refolution to be, which, God willing, weflialleverconflantly continue and maintain, That neither we nor our Privy Council fhall or will at any time hereafter cotnmit or command to Prifon, or otherwife rejlrain theperfons of any for not lending Money to lis, nor for any caufe which in cur confcicnce doth not concern the publique goodandfafety of us and our people, we wi/l not be drawn to pretend any caufe wherein our judgement and conjcience is not Satisfied with; bafe thoughts , we hope no man can imagine will fall into our Royal breafl; and that m all cafes of this nature, which full here after happen, we flull upon the humble Petition of the party, or addrefs of our Judges unto us, readily and really exprefs the true Caufe of their Commitment or Reflraint, fo [oon as with conveniency and fafety the fame is fit to be difclofed and exprejjed ■., and that m all Caufes Criminal, of ordinary J tin fdiciion, our Judges fiall proceed to the Deliverance or Bailment ofthePrifoner, according; to the known and ordinary Rules of the Laws of this Land, and according to the Statute of Magna Charta, and thofe other Six Sta- tutes mfiflcd upon, which we do take knowledge fland m full force, and which we intend noi to abrogate and weaken, again fl the true intention thereof. This we have thought ft to figm fie, the rather to fmten any long Debate upon this great queflion. Hiftorical QollecHons, I 5^7 A B D quefiton, thefcafon of the year king fo far advanced, and our great Occafions of State not lending many more days for longer continuance of this Sefsion of Par- liament. Given under our Signet at our Palace at Wefiminfier^ 20" Man the Fourth year of our Reign. The fame day the Kings Letter was communicated to the Houfe of CommonSjthey laid it afide,and Sir Thomas Wentvuorth faid it was a Letter of Grace,but the people will onely like of thatwhich is done in a Parliamentary way •, befides, the Debate of it would ipend much time, neither was it direfted to the Houfe of Commons •, and the Petition of Right would clear all miftakes ; For (laid he) fome give out, as if the Houfe went about to pinch the Kings Prerogative. But the further Debate of this matter took up feveral days. May 17, the Lords propounded at a Conference an Addition to be made to the Petition of Right, which was delivered by the Lord Keeper, to this purpofe : " T^Hat wheieas at the late Conference of both Houfes there were fome § things propounded that came from their Lordlhips, out of a defire the Petition might have the eafier paflage with his Majefty, not intending to violate in any maner the fubftance of the Petition, but it was then thought fit that there was another part of the Petition of as great im- portance and weight : My Lords fince the time of that Conference, huve imployed tliemfelves wholly to reduce the Petition to fuch a fiame and order , that may give both to you and them hope of ac- ceptance. " AnJ afrer many deliberations , and much advice taken , my Lords have refolved to reprefent to you fomething which they have thought upon ," yet n.)C as a thing condufive to them or you ^ and according to their defires (havijig mentioned it in the beginning) have held it fit to conclude of nothing till that you be made acquainted with it, and that there may be a mature advifement between you and them, fo that there may be the liappier conclufion in all their bufinefs. " This being the determination of the Lords , that nothing that is now " offered unto you fhould be condufive, yet they thought it convenient to " pre lent it unto you. " This alteration (and not alteration) but addition, which they fliall pro- " pound unto you, to be advifed and conferred upon, which is no breach " of the frame , they think it meet, if it fliall ftand with your liking, to " be put in the conclufion of the Petition, which I Ihall now read unto " you. W€ p?cfcut tf)i0 out l)umlilc l^etitiottto pout S^ajcftv , Uiltlj tbe cate not oncl)? of p?efct\)lttg out oinn libetticis , but luitljtiue veixain to lcn\3c intitc tt)at ©olictntffn l^oiuet vulicrnuitlj )?out fi3a)cftyi!3uuftcOfo? tljc liJ)^otcctiou, SHifctPj auD lj)appiucf9 of tlje people* " This is the thing the Lords do prefent unto you , this fub- " jedt of this Conference concerning the adding of this in the conclufion " of the Petition, and that they know that this is new, and that you can- " not prefently give an anlwer to it ^ therefore they defire that you do with "• fome 4 Carolt, The Lords Proportion at a Confe- rence, about an addrion to the Petiti- on of Right, The Lords addition to the Petition of] doubtful words may beget an ill conftru- " A ction, and the words are not onely doubtful words, but words unknown " to us, and never ufed in any A61 or Petition before. "T Et us not go too haftilyto thequeftion, {aidM\:.Sclden: If there be '<±^ any Objections, let any propound them, and let others anfwer them as " they think good : If it hath no reference to our Petition, what doth it " here ^ I am fure all others will fay it hath reference , and fo mufl we : how " far it doth exceed all examples of former times , no man caniheiv me the " like : I have made that feaixh that fully fatisfies me , and I finde not ano- " therbefides28of £//i:i. We have a great many Petitions , and Bills of « Parliament in all ages , in all which we are fure no fuch thing is added : "That Claufeof the 28of if^tp, i.itvvasnot in the Petition, but in the « Kings Anfwer. " In Ma^m Charta there were no fuch Claufes , the Articles themfelves " are to be feen in a Library at Lamheth , in a Book of that time , upon " which the Law was made. There w^s none in the Articles in King ^ohfis " time , for thefe I have feen, there is no Saving. In the Statutes of Con- " frmatio chart arum, is a Saving les amciertts Aids, that is, tor file marjer, (^ " fur f aire fitz chivalier , and for ranfom : and in the Articles of King ^ohi, " in the Original Charter , which I can fhew , there thofe three Aids were " named therein , and they were all known: In the2 5. of jE^n?. 3. there is " a Petition againft Loans , there is no Saving , and fo in others : As for " that Addition in the 2 8. of Edrv. i . do but obferve the Petitions after Mag- *' r/a charta, as 5 Edw.^. they put up a Petition, whereas in Magfiachar- " ta it is contained , That none be imprifoned, but by due procefs of Law •, " thofe words are not in j»/4g-«4 C/'^r^rf , and yet there is no Saving •, and fo " in the 28. of FJrv. 3. & s^. & 37. & 42. of Edrv. 3. all which pafs by " Petition, and yet there is no Saving in them : And there are in them other <* words then are in Magna charta, and yet no Saving. " For that that Mr. Speaker faid , The King was oui" heart, aud ever fliall " be , but we then fpeak of the Kings Prerogative by it felf , and we are '' bound to fay fo : But fpeaking of our Rights, fliall we fay we are not to " be imprifoned , Saving by the Kings Soveraign Power < Say my Lands " (without any Title) be feikd in the Kings hand, and I bring a Petition of *' Right , and I go to the King and (iiy, I do by no means feek your Maje- " fties Right and Title •, and after that I bring a Petition or Monfirance de '' droit , fetting forth my own Right and Title , and withal fet down a Sa- '' ving, that I leave intire his Majefties Right, it would be impropei. It *' was objedled, That in the 28. oiEdrv. i . in the end of Articuli fuper char- '' tas, which was a confirmation of Magna Charta , and Charta de forcfia , in '' the end there is a Claufe , Sa-vant le droit ^ Segniory , the words are ex- j '' tant in that Roll that is now extant, but the original Roll is not extant. " In the 25th £.3. there was a confirmation of the Charterin ijE,^. " The Parliament was called,and much ftir there was about the Charter, and " renewing the Articles,but then little was done. In 28 E.i. the Commons " by Petition or Bill did obtain the Liberties and Articles at the end of the " Parliament, they were extracted out of the Roll, and Proclaimed abroad •, " the addition was added in theProclamation:in the Bill there was no fa'vant, '' but afterwards it was put in : And to prove this, it is true, there is no Par- liament 5<5p " thing , nor do we offer to trench on his Majeflies Prerogative , we may 1 " not recede from this Petition, either in part, or in whole. ' ^ Carolii Mr, Noy, Mr. Selden. 57< Eifiorical Colleciions, An. 1628, " liament Roll of that year, yet we have Hiftories of that time : In the Li- " brary at Oxford there is a Journal of a Parliament of that very year, which " mentions fo much-,alfo in the publique Library at Cambridge there is a Ma- " nufcript that belonged to an Abby, it was ot the fame year 28 £. i. and it " mentions the Parliament and the Petitions, and Arttculos quos fetierunt fic " co/ifrmaverit Rex ut in fine adderet^ Sahojure Corona: re^/^,and they came " by' Proclamation in London -, when the people heard thisclaufe added in " the end, they fell into execration for that addition •, and the great Earls " that went away fatisfied from the Parliament, hearing of this, went to the " King, and after it was cleared at the next Parliament. Now there is no " Parliament Roll of this^ of that time onely in one Roll in the end of £. 3. " there is a Roll that recites it. The Lords afterwards at a Conference tendred Reafons to fortifie their addition : which were briefly reported ; That the Lord Keeper faid, " "T^Hat the Lords were all agreed to defend and maintain the jufl Liber- " ■*• ties of the Subjed:, and of the Crown, and that the word (Leave) " was debated amongfl them •, and thereby they meant to give no new, " but what was before : for the words, Soveraign Power, as he is a King, he '' is a Soveraign, and muft have Power ^ and he faid the words were eafier " then the Prerogative : As for the word (that) which is a relative , and " referred to that Power that is for the fafety of the People 5 and this, faid " he, can never grieve any man, being thus publiOied, it is not Soveraign " Power in general •, but now in confutation of our Reafons, he faith, Mag- '' }ia charta was not with a Saving-, but faid he. You purfue not the words " in Magna Charta^ and therefore it needs an addition. '' As for the 28 of £. 3. he faid there was a Saving, and an ill expo- " fition cannot be made of this, and both Houfes have agreed it in fub- '' ftance already-, the Commons did it in a Speech delivered by our Speak- " tr, and that we faid we have not a thought to incroach on the Kings " Soveraignty •, and why may ye not add it in your Petition i Upon this Report Mr. Mafon readily fpake his opinion in maner fol- lowing. "TN our Petition of Right to the Kings Majefty, 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 aflent in Par- '•^ liament : That no Freeman ought to be imprifoned but by the Law of '' the Land : That no Freeman ought to be compelled to fuffer foldiers in '' his houfe. In the Petition we have exprefled the breach of thefe Laws, " and defire we may not fuffer the like , all which we pray as our Rights and " Liberties. '' The Lords have propofed an addition to this Petition, in thefe words. mt Ijumblp pjEfent tljts IS)ct(t(on to pour C^ajcftv, not onclp tuito a tare ofotirouin liberties, but iDitljamic tegarti to lea^c (muctljat Soveraign Power Ulljei'ClUlttj I'OUr ^ilJCft^ IjS iUttUfttQ/Ol tbC i^JjOtCCtlOllj ^afetp anD !l)appuicf!3 of })our People* " And whether we fliall confent unto this addition,is the fubjeil of this days " difcourfe : and becaufe my Lord Keeper at the conference declared their " Lorddiips had taken the words of the Petition apart, I fliall do fo too. " The word (Leave) in a Petition, is of the fame nature as (Saving) in a " Gi-ant or Adl of Parliament, when a man grants but part of a thing, he faves Htjcorical ColleBions. 571 c D F " laves the reft •, when he petitions to be reftored but to part, he leaveth "tliereft: Then in the end of our Petition the word (Leave) wilHinply, " that Ibmething is to be left of that , or at leaft with a reference to what '*■ we defire. ''The word (Intire) is very confiderable, a Conqueror is bound by no "Law, but hath power dare Leges ^ his Will is a Law-, and although Wd- *■' liam the Conqueror, at firft, to make his way to the Crown of England " the more ealie, and the poiTellion of it more fure, claimed it by Title ^ but '' afterward when there were no powerful pretenders to the Crown, the title " of Conqueft ( to introduce that abfolute Power of a Conqueror ) was '' chiimed, and that Statute ot Magna charta, and other Statutes mentioned " :u our Petition, do principally limit that Power. I hope it is as lawful for '' me to cite a Jefuit, as it is for Do ♦* no man hereafter be compelled to make or yield any Gift, Loan, Bene- " volence. Tax, or fuch like Chaige, without common confent by Ad of " Parliament. " 5. The fecond is concerning that Liberty of Perfon, which rightful- "ly belongs to the Free Subjeds of this Realm, exprelfmg it to be againft "the tenure of the Laws and Statutes of the Land , that any Freeman I " /hould be impriibned without caufe fliewed ^ and then reciting how this " Liberty amongft others hath lately been infringed, it concludeth with '' a juft and necelTary defire for the better clearing and allowance of this " priviledge for the future. " 5. The third declareth the unlawfulnefe of billeting or placing Soldi- " ers or Maiiners to fojoui'n in Free Subjeds lioufes ag::uiit their \vills, " and prayeth remedy againft that grievance. '' 4. The fourth and laft aimeth at redrefs touching Commiflions, to '' proceed to the Tryal and Condemnation of Often:' ers, and caufing them " to be executed and put to death by the Law Marlbal, in times and places, '' when and u-here, if by the Laws and Statutes of the L.aid they had de- '* ferved death, by the fame Laws and Statutes alfo they might, and by " none other ought to be adjudged and executed. " This Petition the careful Houfe of Commons, not willing to omit any " thing pertaining to their duties, or that might advance their moderate " and juft ends, did heretofore offer up unto your LoiUlliips confideration, ** accompanied with an humble defire. That in your Noblenefs and juftice '' you would be pleafed to joyn with them in prefenting it to his Majefty, '' that fo coming from the whole Body of the Realm, the Peers and Peo- " pie, to him that is the Head of both, our Gracious Soveiaign, who muft '' crown the Work, or elfe all our labour is in vain ^ it might by your <* Lordiliips concurrence and afllftance finde the more eafie paflage, and " obtain the better anfwer. '' Your Lordlhips, as your maner is in cafes of fo great importance, were '' pleafed to debate and weigh it well, and thereupon you propounded to '* us fome tew amendments (as you termed them) by way of alteration, al- *' ledging that they were onely in matters of form, and not of fubftance 5 " and that they were intended to none other end but to fweeten the Peti- " tion, and make it the more paflable with his Majefty. " In this the Houfe of Commons cannot but obferve that fair and good refped which your Lordfliips have ufed in your proceedings with them, by your concluding or Voting nothing in your Houfe, until you had im- " parted it unto them-, whereby our meetings about this bulinefs have been '* juftly ftiled Free Conferences, either party repairing hither difingaged " to hear and weigh the others Reafons , and both Houfes coming with a " full intention upon due confideration of all that can be faid on either lide, " to joyn at laft inrefolving and ading that which ftiall be found moft juft " and neceffary for the honor and fafety of his Majefty and the whole " Kingdom. " And touching thofe propounded alterations, which were not many, *< your Lordfliips cannot but remember that the Houfe ot Commons have " yielded to an accommodation, or change of their Petition in two parti- " culars, whereby they hope your Lordfl)ips have obferved as well as ye "may, they have not been affeded unto words or phrafes^ nor over-much " abounding in their own fenfe , but rather willing to comply with your '' Lordfliips in all indifferent things, " For the reft of your propofcd amendments, if we do not mif-conceive your « 4 Careli, 57^ 1 Hijlorical ColleBions. "youiLordihips, as we are confident we do not, your Lordfhips of your " ielves liave been pleafed to relinquifli them with a new overture, for one " onely Claufe to be added in the end or toot of the Petition, whereby the '- work of this day is reduced to one fimple head, whether that Claule fliall " be received or not ':' " This yielding of the Commons in part unto your Lordlhips , of other " points by you fomewhat infifted upon, giveth us great affurance that our " ends are one, and putteth us in hope , that in conclufion we fliall " concur, and proceed unanimoufly to feek the fame ends by the fame " means. *' The claufe propounded by your Lordfliips to be added to the Petition *' is this. Weijumblvpicfcnt tl)i0 petition to pour (l9ajEffi', not oneiv UJitlj a care fo? p?crEr\jatton of our liof rticd, but luitl) a Due rcgatntolea^eintirc tliat ©oijcraign povucr luljereujitl) pour ^rjaje- ffp 10 truffcD fo? tfjc protection , ^afctp anH S)appineid of ))our 10eople» '' A claufe fpecious in fliew, and fmooth in words, but in effed and con- fequence moft dangerous , as I hope to make moft evident • however coming from your Lordlliips, the Houfe ot Commons took it into their confiderations, as became them, and apprehending upon the firft Debate, that it threatned ruine to the whole Petition , they did heretofore deli- ver fome Reafons to your Lordlliips, for which they then defired to be fpared from admitting it. " To thefe Reafons your Lordfliips offered fome Anfwers ac the laft meeting •, which having been faithtuUy reported to our Houfe, and there debated, as was requifite for a bufinefs of fuch weight and importance, I muft fay truly to your Lordfliips, yet with due reverence to your opini- ons, the Commons are notfatisfied with your Arguments^ and there- fore they have commanded me to recoiled your Lordlliips Reafons for this Claufe, and in a fair Reply to let you fee the caufes why they diffa: from you in opinion. '' But before I come to handle the particulars wherein we difTent from your Lordlliips, I will in the firft place take notice yet a little further of that general wherein we all concur ; which is. That we defire not (nei- ther do your Lordlhips)to augment or dilate the Liberties and Priviledges of theSubjeds beyond the juft and due Bounds, nor to incroach upon the Limits of his Majefties Prerogative Royal •, and as in tliis your Lord- fliips at the laft meeting expreiled clearly your own fenfes , fo were your Lordlhips not miftaken in coUeding the concurrent fenfe and meaning of the Houfe of Commons •, they often have proteited they do, and ever muft proteft, that thefe have been and lliall be the Bounds of their de- fires, to demand and feek nothing but that which may be fit for dutiful and loyal Subjeds to ask , and for a gracious and jufi King to grant-, for as they claim by Lav\^ fome Liberties for themfelves, fo do they acknow- ledge a Prerogative, a high and juft Prerogative belonging to the King, which they intend not to diminifli. And now my Lords, bemg afTured^ not by ftrained inferences, or obfcure coUedions, but by the exprefs and clear Declarations of both Houfes, that our ends are the fame ^ it were a miferable unhappinefs if \\q fliould fail in finding out the means to ac- complilli our deli res. My B D Htftorical ColleBions, V7 B D E " My Lords, the Heads of thofe particular Reafons which you infixed up- " on the laft day where onely thefe : "I. Firft you told us that the word (Leave) was of fuch nature, that it '' could give no new thing to his Majefty. " 2. That no juft exception could be taken to the words (Sovcraion " Power) for that as his Majefty is a King , fo he is a Soveraign ^ and as he is " a Soveraign, fo he iiath Power. ''3. That the Soveraign Power mentioned in this Claufe, is not abfolutc "or indefinite, hut limited and regulated by the particle (That) and the "word (Subfequent) which reftrains it to be applied onely for Proteftion , ''Safety, and Happinefs of the People, whereby ye inferred , there could "■ be no danger in the allowance of fuch power. " 4. That this Claufe contained no more in fubftance , but the like ex- " prelTions ot our meanings in this Petition, which we had formerly fignified *' unto his Majefty by the mouth of Mr.Speaker, that we no way intended to " incroach upon his Majefties Soveraign Power or Prerogative. " 5 . That in our Petition we have ufed other words , and of larger extent " touching our Liberties, then are contained in the Statutes whereon it is *' grounded: In refped of which inlargement , it was fit to have fome ex- "preis, or implied Saving , or Narrative, Declaratory for the Kings Sove- *' raign Power, of which Narrative ye alledge this Claufe to be. " 6. Laftly, whereas the Commons , as a main Argument againft the " Claufe, had much infifted upon this, that it was unprecedented, andun- "parliamentary in a Petition from the Subje(fls, to infert a Saving for the '-' Crown : your Lordlliips brouglit for inftance to the contrary the two Sta- *' tutesof the 25 E. i. commonly called , Confrmatio chartarum , and 28 " E. I . known by this name oi Artuuli [ufer chartits , in both which Statutes '' there are Saving is for the Kings. ''Having thus reduced to yourLordftiips memorie5,the effedts of your own '■' reafons -, I will now with your Lordftiips favor come to the points of our "■ Reply, wherein I moft humbly befeech your Lordftiips to weigh the Rea- " fons which I fliall prefent , not as the fenfe of my felf , the weakeft Mem- " ber of our Houfe , but as the genuine and true fenfe of the whole Houfe ''of Commons, conceived in a bufinefs there debated with the greateft " gravity and folemnity , with the greateft concurrence of opinions , and " unanimity that ever was in any bufinefs maturely agitated in that Houfe. " I Ihall not peradventure follow the Method of your Lordihips recoUefted "Reafons in my anl wering to them , nor labor to urge many reafons. It " is the defireot the Commons, that the weight of their Arguments lliould " recompenfe (if need be) the fmalnefs of their number. And in conclu- "fion, when you have heard me through, I hope your Lordfliips fliall be " enabled to colled clearly out of the frame of what I fliall deliver , that " in fome part or other of my difcourfe there is a full and {iitistadory an- " fwer, given to every particular reafon or objeftion of your Lordfliips, " The Reafons that are now appointed to be prefented to your Lordfliips "are of two kinds, Legal and Rational, of which thefe of the former " fort are allotted to my charge, and the firft of them is thus. " Tlie Ckufe now under queftion if it be added to the Petition , then ei- " ther it muft refer, or relate unto it, or elfe not •, if it have no fuch refer- " ence, is it not clear that it is needlefs and fuperfluous •: and if it have fuch " reference , is it not clear that then it muft needs have an operation upon " the whole Petition, and upon all the parts of itC " We cannot think- that your Lordfliips would offer us a vain thing, and "rhcrc- 4 CaroU. 57S Eifiorical ColleBions» An. 1628, " therefore " Peticion : taking it for sranted , that if it be added it would refer to the let me befeecli your Lordfliips to obferve uith me , and with " the Houfe of Commons , what alteration and qualification of the fame it " will introduce. " The Petition of it felf, fimply and without this Claufe, declareth abfo- " lately the Rights and Priviledges of the Subjcft , in divers points • and "amongft the reft touching the Levies of monies, byway of Loans or ''otherwife for his Majefties fupply, That fuch Loans and other charges ''ofthe like nature, by the Lau-s and Statutes of this Land, ought not to '' be made or laid without common confent by Aft of Parliament : But '' admit this Claufe to be annexed with reference (to the Petition) and it '' muft neceftarily conclude and have this Expofition, That Loans and the 'Mike Charges (true it is ordinarily) are againft the Laws and Statutes of " the Realm, imlejs they be rv.tnanted by Soveraign rower, and that they can- *' not be commanded or railed without aflentof Parliament, unlejsttheby " Sover/tign Power •■, what were this but to admit a Soveraign Power in the '' King above the Laws and Statutes of the Kingdome ^ " Another part of this Petition is , That the free Subjefts of this Realm '' ought not to be imprifoned without caufe lliewed : But by this Claufe " a Soveraign Power will be admitted , and left intire to his Majefty, fuffi- "cient to control the force of Law , and to bring in this new and dangerous " Interpretation, That the free Subjefts of this Realm ought not by Law '' to be imprifoned without caufe ihewed , mlcfs tt be by Soveraign " Power. '' In a word, this Claufe, if it fliould be admitted , would take away the '' effedl of every part of the Petition, and become deftrudive to the whole : ''for thence will be the Expofition touching the Billeting of Soldiers and " Mariners in free mens houfes againft their wills •, and thence will be the " Expofition touching the Times and Places for execution of the Law Mar- " flial, contrary to the Laws and Statutes ofthe Realm. " The fcope of this Petition , as I have before obferved , is not to amend '' our Cafe, but to reftore us to the fame ftate we were in before -, whereas, " if this Claufe be received, in ftead of mending the condition of the poor '' Subjeftsj whofe Liberties of late have been miferably violated by fome " Minifters,we fliall leave them worfe then we found them •, in ftead ot curing f' their wounds, we fliall make them deeper. We have fet bounds to our "defires in this great Bufinefs, whereof one is not to diminifli thePrero- '' gatlve ofthe King, by mounting too high •, and if we bound our felves on " the other fide with this limit, not to abridge the lawful Priviledges of the " Subjeft , by defcending beneath that which is meet , no man we hope "can blame us. " My Lords, as there is mention made in the additional claufe of Sove- ^' raign Power ^ fo is there likewife of atruft repofed in his Majefty, touch- " ing the ufe of Soveraign Power. " The word Truft is of great Latitude , and large extent , and therefore ''ought to be well and warily applied and reftrained, efpecially in the " Cafe of a King : There is a truft infeparably repofed in the Perfons of the " Kings oiE //gland, but that truft is regulated by Law •, for example, when "Statutes are made toprohibite things not malamfc^ but onely walatjuia " frohibita , under certain fafeitures and penalties , to accrue to the King " and to the Informt?rs , that lliall fue for the breach of them : The Com- '' mens mult and ever will acknowledge a Regal and Soveraign Prerogative '' in the King, touching fuch Statutes, that it is in his Majefties abfolute and undoubted B D Hiflorical (^o/le&ions. 579 B D " undoubted Power, to grant Dilpenfations to particular pcrtbns, with the "■ Claufes ot No/i obflante, to do as they might have done betore thofe Sta- " tutes , \vhcrein his Majcfty conferring grace and flivour upon fome,doth '' not do wrong to others •, but there is a difference between thote Statutes, "and the Laws and Statutes whereon the Petition is grounded: by thole ''Statutes the Subject hath no intereft in the penalties, which are all the '' fruit fuch Statutes can produce, until by Suit or Information commenced, '' he become intituled to the particular forfeitures ■, whereas the Lau-sand '' Statutes mentioned in our Petition are ot another nature •, there fliall "your Lordlhips finde us to rely upon the good old Statute, cal- ''led Magna Charta , which declareth and confirmeth the anci- " cient Common I.aws of the Liberties of England ■• There lliall " your Lordiliips alfo finde us alio to infill upon divers other ''molt material Statutes made in the time of King £.4^ and £.3. and '*• other famous Kings, for explanation and ratification of the Lawful Rights '' and Priviledges belonging to the Subjeds of this Realm, Laws not in- " Aiding Penalties upon Offenders, ;«w4/w/'r<)/;/i/fif, but Laws declara- " tiveor pofitive,conferring or confirming ifjofaclo, an inherent Right and " Intereft of Liberty and Freedom in the Subjeds of this Realm , as " their Buthrights and Inheritance defcendable to their Heirs and Pofterity^ "Statutes incorporate into the Body of the Common Law, over which " (with reverence be it fpoken) there is no Truft repofed in the Kings So- '■^'veraign Porver or Prcrogati've Royal to enable him to difpenfe with them, " or to take tiom his Subjefts that Birthright or Inheritance which they '' have in their Liberties by vertue of the Common Law , and of thefc " Statutes. " But if this Claufe be added to our Petition, we fliall then make a dan- '' gerous overture to confound this good deftination touching what Statutes " the King is trufted to controll by dilpenfations, and what not •, and ihall '' give an intimation to pofterity, as it it were the opinion both of the " Lords and Commons aflembled in this Parliament, that there is a Truft '' repofed in the King, to lay afide by his So'veraign Fewer in lome amer- '' gent cafes, as well of the Common Law, and fuch Statutes as declare or «' ratitie the Subjcds Liberty, or confer Intereft upon their perlbns , as '' thofe other Penal Statutes of fuch nature as 1 have mentioned before-, '-' which as we can by no means admit, fo we believe aft'uredly, that it is " far from the defire of our moft Gracious Soveraign , to affed fo vaft a " Truft, which being tranfmitted toaSucceflbrof adifferent temper,might " enable him to alter the whole frame and fabrick of the Commonwealth, " and todiifolve that Government whereby his Kingdom hath flourilhed "for fo many years and ages under his Majefties moft Royal Anceftors " and predeceft'ors. " Our next Reafon is, That we hold it contrary to all courfe of Par- " liament , and abfolutely repugnant to the very nature of a Petition of "- Right confifting of particulars , as ours doth , to clog it with a '•'• general Sailing or Declaration to the weakning of the Right de- " manded •, aivd we are bold to renew with fome confidence our Allegati- " on, that there can be no Precedent flie\\ed of any fuch Claufe in any fuch " Petitions in times paft. " I fhall infift the longer upon this particular, and labour the more care- " fully to clear it, becaufe your Lordfliips were pleafed the laft day to urge "againft us the Statutes of 25 and 2 8 of £. i. asarguments to prove the " contrary , and feem?d not to be fatisfted with that which in this point we Dddd • had 4. Carol/. 58o Hifiorical ColleBton s. An, 1528. avinis as " had affirmed. True it is, that in thole Statutes there are fuch S ''^ your LordOiips have obferved-, but I fhall offer you a dear Anfwer to " them, and to all other Savings of like nature that can be found in any '' Statutes vvhatfoever. '' Firft in the general, and then I fliall apply particular Anfwers to the '' particulars of thofe two Statutes, whereby it will be moft evident, that '' thofe examples can no ways fute with the matter now in hand. To this '' end It will be neceflary that we confider duely what that queftion is, '' which indeed concernetn a Petition, and not an A<51 of Parliament: This '' being well obferved , by iliewing unto your Lorddiips the difference be- " tu'een a Petition for the Law , and the Law ordained upon fuch a Petiti- "on, and opening truly and perfpicuoufly the courfe that was holden in '' framing of Statutes before 2 //. 5. different from that which ever fince '' then hath been ufed , and is ff ill in ufe amongft us , and by noting the "* times wherein thefe Statutes were made , which was about one hundred '' years before 2 //. 5. befides the differences between thefe Savings and this <* Claufe ; I doubt not but I fliall give ample fatisfadion to your Lordfhips, *' that the Commons as well in this, as in all their other Reafons, have been " mofl cai'eful to rely upon nothing but that which is moft true and per- <' tinent. " Before the fecond year of King //. 5. the courfe was thus : When the ** Commons were Suiters tor a Law , either the Speaker of their Houfe by '' word of mouth from them, the Lords Houfe joyning with them, or by '' fome Bill in wiiting, which was ufually called their Petition, moved the '' King to Ordain La\\s for the redrefs of fuch mifchiefs or inconveniences " as Were found grievous unto the people. " To thefe Petitions the King made anfwer as he pleafed , fometimes " to part, fometimes to the w^hole, fometimes by denial, fometimes by af- " fent , fometiiTies abfolutely, and fometimes by qualification. Upon " thefe Motions and Petitions , and the Kings Anfwers to them , was the " Law drawn up and Ingrofled in the Statute Roll to binde the Kingdom •^ " but this inconvenience was found in this courfe, that oftentimes the Sta- " tutes thus framed were againft the fenfe and meaning of the Commons, " at whofe defires they were Ordained •, and therefore in the 2 //. 5. find- " ing that it tended to the violation of their Liberty and Freedom, whofe "light it was, and ever had been, that no Law fhould be made without " tlieir affent •, they then exhibited a Petition tot^he King, declaring their *' right in this particular, praying that from thenceforth no Law might be " made or Ingroffed as Statutes, by additions or diminutions to their Mo- " tions or Petitions, that fliould change their fenfe or intent, without theii- " affent -, which was accordingly eftablifhed by Ad; of Parliament •, ever " fince then the ufe hath been as the Right was before, that the King ta- " keth the whole, or leaveth the whole of all Bills or Petitions exhibited " for the obtaining of Laws. " From this courfe, and from the time when firft it became conftant and " fetled, we conclude ftrongly that it is no good Argument , becaufe ye " finde Savings in Afts of Parliament before the fecond of//. 5. that be- " fore thofe Savings were in the Petitions that begat thofe Statutes ^ for " if the Petitions for the two Loans fo much infifted upon (which Petiti- '' ons, for any think we know, are not now extant) were never fo abfolute, " yet might the King, according to the ufageof thofe times, infert the "Savings in his Anfwers, which paffing from thence into the Statute Roll, " do onely give fome little colour, but are not proof at all that the Peti- " tions alfo were with Savings. Thus Hiflorical ColleBions. 581 B D '' Thus much for the general 5 to come now to the particular Statute of "25 of £^iv. I . which was a confirmation oi Magna, chart a , with fome pro- "vifion for the better execution of it, as common Law, which words are "worth the noting. *' It is tine that Statute hath alfo a Claufe to this effe^, That theKincr " or his Heirs from thenceforth Hiouid take no Aids, Taxes , or Prifes of '' his Subjeds, but by common aflent of all the Realm , Savmg the ancient " Aids, and Prifes due and accuftomed. " This Sai'ing if it were granted (which is not , nor cannot be proved) " that it was as well in the Petition, as in the Ad •, yet can it no way imply " that it is either tit or (iiie , that the Claufe now in queftion Hiould be ad- "ded to our Petition: for the nature and office of a Saving, or Exception, " is to exempt particulars out of a general , and to ratifie tne Rule in things " not exempted , but in no fort to weaken or deftroy the general Rule it " lelf. " The body of that Law was againft all Aids and Taxes and Prifes in ge- " neral , and was a confirmation of the common Law , formerly declared "by Magna Charta-^ the Saving was onelyof Aids and Prifes in particular, " fo well defcribed and reftrained by the words, Ancient and Accujlotncd^ that '' there could be no doubt what could be the clear meaning and extent of '' that exception-, for the Kings Right to thofe ancient Aids , intended by "thatStatuie to be favedto him, was well known in thofe days, and is '' not yet forgotten, "Thefe Aids were three, from the Kings Tenants by Knights fervice, " due by the common Law , or general Cuftom of the Realm ^ Aid to ran- "fomthe Kings Royal Peribn, if unhappily he fliould betaken prifoner " in the Wars -, Aid to make the Kings Eldeft Son a Knight, and Aid to '' marry the Kings Eldeft Daughter once , but no more •, and that thofe '' were the onely Aids intended to be faved to the Crown by that Statute, " appeareth in foine clearnefs , by the Charter of King J-ohn , dated at " J?«««//y^wficthe 15 of y«weinthe5-'' yearof his Reign, wherein they " are enumerated with an exclufion of all other Aids whatfoever; Of this "Chartei- I have here one of the Originals, whereon I befeech your Lord- '' ihips to caft your eyes , and give ine leave to read the very words which " concern this point. Thefe words (my Lords) are thus : Nullum (catjgtum '* 'vd auxilium fonatur in Regno nofiro , mfi per commune Conftlium Regni " nojlri ^ nifi adCorfmnoflrum redimendum^ (jrprimogenitumfltumnojtrum •mil tern faciendum, ^adfliamnojfram prtmcgemtam jemel mantandam ^ '"'' & ad hoc non fiat nifi rationabile auxilium, "Touching Prifes, the other thing excepted by this Statute, itisalfo " of a particular Right to the Crown fo well known , that it needeth no *' defcription,the King being in pofleflion of it by every days ufage. ''It is to take one Tun of Wine before theMaft, and another behinde " the Mart ,of every Ship bringing in above twenty Tuns of Wine, and here " difcharge them by way of Merchandife. " But our Petition confifteth altogether of particulars , to which if any " general Saving or words amounting to one fliould be annexed , it cannot "work to confirm things not excepted which are none, but to confound " things included, which are all the parts of the Petition •, and it muft needs " beget this dangerous Expofition, that the Rights and Liberties of the Sub- " jedljdeclared and demanded by this Petition,are not theirs abfolutely , but "y«^ modo, not to continue always, but onely to take place when the King is " pleafed not to exercife that Sever aign /'<>7Vi'/-,wherewith this Claufe admit- Dddd 2 ted ^ Car ell. 58z Htjloricai QolleUions, An. 1628. " ted he is trufted for the pro:ta;ion,ratety,and happinefs of his People: And '' thus that Birthright and Inheritance, which we have in our Libaties, Ihall " by our own aflents be turned into a meer Tenancy at will and fufferance. "Touching the Statute of i%Edw.\. yirtiailifuper chart ai, thefcopeof " tliat Statute among other things , being to provide for the better obfer- " ving and maintaining of Magna chart a , hath in it neverthelefs two Sa- '' vifigs for tile King •, the one particular, as I take it , to prefeive the anci- '' ent Prices, due and accuftomed, as of Wines and of other goods, the other <' general Seigniory of the Crown in all things. "To thefe two S agings, h(^f\des the former Anfwers, whicli may be for the '' moft part applied to tliis Statute, as well as to the former 5 laddethefe " further Anfwers : The firft of thefe two Savings , is of the fame pii- " fage of Wines which is excepted in the 25 Fjw.i.hut in fome more clear- " nefs •, for ih.it here the word (Wines) is exprefly annexed to the word " (Prices) which I take for fo much to be in Expofition of the former Law : " And albeit thefe words {and of other goods) be added , yet do I take it to be but a particular Saving , or exception , which being qualified with the words {Ancient^ due and accufiomed) is not very dangerous, nor can be " underftood of Prices or Levies upon Goods of all forts at the Kings will " and pleafure , but onely of the old and certain Cuftoms upon Wool, " Woolfels and Leather, which were due to the Crown long betore the ma- " king of this Statute. " For the latter of the two Savings in this Ad , which is of the more un- " ufual nature , and fubjed to the more exception •, it is indeed general, and " if we may believe the concurrent Relations of the Hiflories of thofe times, " as well as thofe that aie now Printed , as thofe which remain onely in " Manufcripts, it gave diflafte from the beginning, and wrought no good " effed: •, but produced fuch diftempers and'troublb^ in the State , as we wifh " may be buried in perpetual oblivion •, and that the like Saving m thefe and " future times, may never breed the like diffurbance : For from hence arofe "a Jealoufie, That Magna charta which declared the ancient Right of the ^' Subjcd , and was an abfolute Law in it felf, bemg now confirmed by a lat- " ter Ad with this Addition of a general Saving ^ for the Kings Right in " all things by the Saving was weakned , and that made doubtful which was '' clear before; But not to depart from our main ground , which is, thztSa- " vings in old Ads of Parliament , before 2 //. 5.are no proof that there '' were the like Savings in the Petitions •, fo[ thofe Ads let me obferve un- " to your Lordlliips , and fo leave this point. That albeit this Petition, " whereon this Ad of 28 F.drv.i. was grounded, be periflied -, yet hath it " pleafed God that the very Frame and Context of the Ad it felf , as it is " drawn up, and enrred upon the Statute Roll , and Printed in our Books, " doth manifeftly impart that this Saving came in by the Kings Anfwer, and '' was not in tlie Origmal Petition of the Lords and Commons -, for it Com- eth in at the end of the Ad after the words {le Roy veut) which commonly are the words of the Royal affent to an Ad of Parliament. And though '■' they be mixed and followed with other words, as though the Kings Coun- " eel and the reft who were prefent at the making of this Ordinance , did in- " tend the (lime Saving •, yet is not that Conclulive , fo long as by the '' form of thofe times > the Kings Anfwer working upon the materials of '^ the Petition , might be conceived by fome to make the Law effedual, " though varying from the frame of the Petition. '' The next Reafon which the Commons have commanded me to ufe, '' for which they ftill delire to be fpared from adding this Claufe to their ' "Petition, B D " tition , we fliould without turtlier enquiry fubmit thereunto , " and taking it fro conce[fo, it asaffuming induced to our Safety and Happinefs, c^r. '' Since therefore (as the Petition is now conceived) it earrieth the form and "face of aPi»5ture, which reprefenteth to the life the prefliires and grie- ''vancesof the people, with the eafie remedies •, And therefore we hope '' that his Majeftie carting upon it a gracious eye, will compaffionate his ' ' poor Loyal Subjcifls, and afford a comfortable anfwer. " I do humbly pray your Lordlhips not to mar or blemifli the grace and '• face of this Pidture with this unneceflary addition-,and unnecefiary'l prove ;t '' to be, according to that Rule , Exprefsio ejm quodtacite iiieft nihil opfraHer. " And Soveraign Power, in cafes where it hath place, and ougiit to be ufcd, '' is always neceffarily underftood, and though not exprtfled, yet fupplyed ''by reafonable intendment, or by the opinion of all Learned men. " And therefore, as it neither is nor can be by us expielly included, efpe- " cially in this Petition, where the addition thereof would mai^e fuch a con- " fufion of the whole fenfe and fubflance. " The Kings Soveraign Power and Prerogative is always able to fave it " felf, and if it were not, we muft without this addition fave it to our ut- "moft powers, ifwe will fave our Oath, and fave our felves •, the true flate " ot thecaufe thus {landing between your Lordlliips and us, the Houfeof " Commons doth not a little marvel upon what grounds your Lordlliips aie " fo earneft to urge upon them this addition to be inferted into their Peti- '■' tion, they nothing doubt but that the fame proceeded out of a foUicitude '' and fear which your Lordihips have, left otherwife the fimple and abfo- " lute pafl'age of this Petition might be conftrued hereafter in prejudice of " his Majefties Soveraign Power: And this your Lordiliips foUicitude and " fear proceedeth from your love, as the Poet faith , Mes ejlfolliciti plena timoris Amor, But I humbly pray your Lordiliips to examine with us, the grounds of this your foUicitude and fear, which grounds needs muft be laid either upon the words of the Petition, or the intention of the Petitioners. - " Upon the words there is no poffibility to lay them, for therein is no mention made of the Soveraign l^ower ^ and were the words doubtful, as thus, We pray the like things be nor done hereafter under pretext of your Majefties Soveraign Power-, yet in refptd of the Protcftations pre- ceding, concomitant and fubfequent to the Petition, fuch doubtful words ought reafonably to be interpreted onely ot fuch Soveraign Power as was not appliablc to the Cafes wherein it was exercifed^ and ot fuch So- veraign Power as fliould be juftly praftifed : but there are no fuch doubt- ful words, and therefore it follovveth, that your Lordlhips fear and foUici- tude mufl be grounded upon the intention of the Petitioners. Now your Lordiliips well know, that the Houfe of Commons is not ignorant, tliat in a Sellion of Parliament, though it continue as many weeks as this hath done days, yet there is nothing Prim & Pofieritis^ but all tilings are held and taken as done at one time •, if fo, what a ftrange CoUcdion was this, that at the fame time the Houfe of Commons fliould oblige them- felvesbyafeartiil ad juration to aifift vOnd defend aU Priviledges and Pre- rogatives belonging to the King , and at the fame time by a Petition (cau- tioufly conveyed) endeavor or intend to divert and deprive the King of fome Prerogatives beloriging to his Crown. If therefore fuch fear and Ibl- licitude on neither be grounded upon the words of the Petition, nor inten- tion of the Petitioners, I humbly pray your Lordfliips to lay them afide •, Eeee as 4. Ctroli. 59 o Hiftorical ColleUions, An. 1628. " as we do believe that the Propofition of this addition from your Lord " Hiips, was not onely excufeable, but commendable, as proceeding from " your love ; So now having heard our Reafons, your Lordihips would reft "fatisfied, that our refufal to admit them into our Petition, proceedeth " from the confcience of the integrity and uprightnefs of our own hearts, that " we in all this Petition have no fuch end to abate or diminifh the Kings juft "Prerogative. And fo much in reply to that Rational part whereby my " Lord Keeper laboured to perfwade the entertainment of this Addition. '' This being done, it pleafed the Houfe of Commons to inftruct and " furnifli me with certain Reafons which I fhould ufe to your Lordftiips, to " procure your abfolute conjunction with us in prefenting this Petition,which "albeit I cannot fet forth according to their worth, and the Inftructions " given me by the Houfe , yet I hope their own weight will fo prefs down " into your Lordfhips confciences and judgements , that without further " fcruple you will cheerfully vouchfafe to accompany this Petition wth your " right noble prefence. " A perfonti. The firfl Aigument wherewith I was commanded to move " your Lordihips, was drawn Irom the confideration of the Perfons which "are Petitioners, The fJoufe of Commons -, a Houfe whofe temper, mild- " nefs and moderation in this Parliament hath been fuch , as we fhould be ''unthankful and injurious to Almighty God, if we fliould not acknow- " ledge his good hand upon us , upon our tongues , upon our hearts , pro- " cured , no doubt , by our late folemn and publique Humiliation and " Prayers, " This moderation will the better appear , if in the firft place we may " be remembred in what paffion and diltemper many Members of this '' Houfe arrived thither , what bofoms, what pockets full of complaints " and lamentable grievances the moft part brought thither, and thofe every "day renewed by Letters and Packets from all parts and quarters: You " know the o\dVj:ov&h,Uhi doloni)! digftui^tthi amorih oculfii} it is hard to *' keep our fingers from often handling the Parts ill affefted , but yet our Mo- " deration overcame our PafTion , our Difcretion overcame our Affedion. ''• This Moderation alio will the better appear, ifin the fecond place it be '^ not forgotten how our Anceftors and Predeceffors carried themfelves in " Parliaments , when upon lighter provocations lefs would not ferve their ' ' turns , but new fevere commifsions to hear and determine offences againft "their Liberties, publique ecclefiaftical Curfes, or excommunications "againft the Authors or Adlors of fuch violations , accufations, condemna- '' tions , executions, banifliments. But what have we faid all this Parlia- *' ment c* we onely look forward, not backward : we defire amendment here- *' after , no mans puniftiment for ought done heretofore ^ nothing written *' by us in blood, nay, not one word fpoken againft any mans perfon in dif- ''pleafure. The condufionof our Petition is, that we maybe better in- '' treated in time to come : and doth not this moderate Petition deferve your <' LordOiips cheertul conjunction ex congruo cjr condrnto ? If a Worm being '' trodden upon, could fpcak , a Worm would fay, tread upon me no more I "pray you: higher we rife not, lower v/e cannot defcend, and thus much "■ we think in modefty may well be fpoken in our own commendation, " thence to move your Lordlliips to vouchfafe us your noble company in this " Petition , without furcharging it with this Addition. " A tempore. Our next Argument is drawn a tempore, from the unfeafon- " ablenefs of the time. The wife Man faith. There is a time for all things " under the Sun, tempmjuum , and ifin the wife mans judgement , a word *' fpoken B D Htftoricai ColleBwns. "fpokenin its due time be precious as Gold and Silver , then an unfeafon- '' able time detradls as much from the thing, or word, done, or fpoken : " We hold ( under your favors ) that the time is not feafonable now for " this Addition •, it is true that of it felf Soveraign Power is a thing always '' fo Sacred , that to handle it otherwife then tenderly, is a kind of Sa- ''cnledge, and tofpeakof itother\vife then reverently , is a kind of blaf- " pheiny •, but every vulg;ir capacity is not fo affeded , the mofl: part of •men, nay, aimolfall men judge and efteem all things not according to their own intrinfick vertuc and quality, but according to their immediate ' efftds and operations , which the fame things have upon them : Hence 'it is, that Religion it felt receiveth more or lets credit or approbation, as 'the Teachers or Proieffors are worfe or better-, yea, if Godhimfelffcnd ''avery wet harveft or feed-time, men are apt enough to cenfureDi- '' vine Power: The Soveraign Power hath not now, for theprefent, the '' ancient amiable afped , in refped Id! fome late fad influences, but by Gods '' Grace it will foon recover. " To intermix with this Petition any mention of Soveraign Power, rehm " ficfiantibiis , when angry men fay Soveraign Power hath been abufed, and " themoft moderate wilb it had not been fo ufed, we hold it not feafonable, '' under your Lordlhips correction. '^ A loco. Our next Argument i| drawn a loco: we think tlte place where " your Lordfl-ups would have this Addition inierted (I'lz.) in the Petition, " no convenient or feafonable place ^ your Lordfhips will ealily believe, that " this Petition will run through many hands , every man will be defirous to '' fee and to read , what their Knights and their Burgefles have done in Par- 'Miament upon their complaints, wliat they have brought home for their ''fiveSubfidies-, If in perufing of this PetiLon they fall upon the mention " of Soveraign Power, they prefently fall to arguing and reafoning, and de(- " canting, what Soveraign Power is, what is the Latitude, xvhence the Oii- "ginal, and where the bounds c" with many fuch curious and captious que- " ftions •, by which courfe Soveraign Power is little advanced or advantaged ; '' for I have ever been of opinion , that it is then beft with Sovei-aign Power ''when it IS had in tacite vemraiion , not when it is profaned bypublique " hearings or examinations. '' Our laft Argument is drawn from our Duty and Loyalty to his Majefty, in " confideration v.'hereof we are fearful at this time to take this Addition into " our Petition , left wefliould do his Majefty herein fome diflervice: with " your Lordftiips we make the great Councel of the King and Kingdom ^ ''and though your Lordfliips having the happinel's to be near his Majefty^ ''know other things better , yet certainly the ftate and condition of the fe- " veral parts for which we ferve , their difpofitions and inclinations, their '' apprenenfions, their fears and jealoufies, are beft known unto us: and " here I pray your Lordfliips to give me leave to ufe the Figure called Rciia-fj- " tja, that is, to infinuate and intimate more then I mean to fpeak : Our "chief and principal end in this Parliament, is to make up all Rents and " Breaches between the King and his Subjefts , to draw them and knit them " together , from that diftance whereof the world abroad takes too much "notice, to work a perfeft union and reconciliation: how unproperly and "unapt at this time this Addition will beinrefpedofthiscnd, we cannot '<• but fore fee, and therefore fliun it, and do refolve, that it is neither agiee- " able to the Perfons of fuch Counfellors , of whom we arc, nor anfwer- " able to that Love and Duty which we owe to his Majefty, to hazard an '' end of fuch unfpeakable confequenoe , upon the admittance of this Addi- Eece 2 tion 55?i 4 Cdroli, s^l Hijlorical ColleBions, An. 1628. The Lords and Com- mons agreed louchingthe Petition of Rigrit. tion into our Petition, whereof (as we have fhewed) the omUsion at this time can by no means harm the Kings Prerogative , the exprefsion may pro- duce m.initold inconveniences : and therefore fince the admittance of your Lordiliips Addition into our Petition , is incoherent and incompatible with the body of the fame •, fince there is no neceflary ufe of it for the faving of the Kings Prerogative •, fince the moderation of our Petition deferveth your Lordfliips cheerful conjundion with us -, fince this Addition is unfea- fonable for the time , and inconvenient in refpeft of the place where your Lordfliips would have it inferred •, and laftly may prove a differvice to his Majefty : I conclude with a moft affedionate Prayer to your Lordfhips«, to conclude with the Houfe of Commons , in prefenting this Petition to his Sacred Majefty, as it is,vvithout this Addition. Monday Z(5. c/^May, The Lord I\eeper made this Speech at a Conference. Gentlemen, ''l/Ethat are Knights, Citizens, and Burgeffes of the Houfe of Com- " \_ mons , I have many times this Parliament by Command from my " Lords , declared the great zeal and affeftion which my Lords have to " maintain and nourifli the good Concurrence and Correfpondency which '' hath hitherto continued between both Houfes , that there might be a " happy ifiue in this great bufinefs , for the common good of the King and '' Kingdom. Now that which I have to fay this day from my Lords, is to '' let you, know this fair proceeding is not a profefsion of words onely , but *' re;rlly and indeed concerning the Petition which hath been long in agitati- '' on , as the weight of the caufe required : fince the laft Conference my "Lords have taken it into their ferious and inftant confideration , and at " length are fain upon a Relblution which I am to acquaint you wdth. '' The Lords have unanimoufly agreed with you tn ommbm , and have " voted that they will joyn with you in your Petition , with the onely alte- '' rations of the word {means) to be put in ftead of the word (pretext) and for '' the word (Hnldivfttl) to be put out , and in place thereof to adde {not tvar- '^rantahle by the Laws and Statutes of the Realm) which two alterations '' your felves confented unto. " So that concerning this bufinefs there remains nothing now, but that ye '' having the Petition in your hands \vill (if ye have not already) vote it as '' they have done, and fo prepare it for his Majefty, and my Lords will take " order, that the King be moved for a fpeedy accefs to prefent the fame to "his Majefty. And after fome paufehefaid, "There refts one thing which my Lords " have commanded me to adde , that in regard this Petition toucheth upon '* certain Charges raifed by the Lords Lieutenants , and other Perfons, ma- '' ny times for good ufe, for the fervice and fafety of the Kingdom , That ye " take it into youi- Care and Confideration, and to provide a Law for aflef- " fing of fuch Charges, as the occafion of the time Ihall require. The Lords and Commons being thus happily accorded , the Petition , with the aforefaid amendments, was read in the Houfe two feveral times to- gether : Then it was Voted upon queftion , and that it fiiould be ingrolTed, and read the third time , and the Houfe to fit in the afternoon till it was in- grofled, and read, and ordered to be prefented to the King , to which there was Hijlorical Co/leBiom. ^9] A B D was not a negative Vote : And the Bill of Subfidie was alfo read the fe- cond time, and committed, Wednesday 28 Maj, the Lords and Commons had a Conference about the maner ot delivery of the Petition , and Sir Edivard Cook reported , That their Lordihips were agreed that no Addition or Preface be ufed to the Kin^, but that the Petition be prefeired to his Majefty by command of the Lords and Commons, and his Majefty be defired, that to the content of his Peo- ple he would be pleafed to give his gracious Anfwer in full Parliament. Mout this time Mr, Roufe brought in a Charge a- gainjl Docior Ed. Manwaring , Mphichfortiedays after was feconcied with a Declaration, Mr, Speaker, I Am to deliver from the Committee a Chdrge a^ainfi Mr. Manwaring, a Prea- cher in Divinity % but a mm fo Criminous , that he hath turned his Ttties in- to Accttfations^for the better they are-, the tvorfe is he that di (honors them. Here is a great charge that lies tif on him, it is great m it (elf , andgreat be- cau(e it hath many great charges in It -^ Serpens qui ferpentem devorat fit dra- co , his charge having digejled many Charges into it , becomes a Monjlcr of charges. The main and great one /V this Plot and Praciife , to alter and fubvert the Frame and Fabnck of this Ejlate and Commomvealth. This IS the great one, and it hath others in it that gives it more light. To this end, 1. He labors to infiijemto the Confciencc of hisMajefly, the ferfrvafionof a power not bounding It (elf with Laws , which King James, of famous Memory, calls in his Speech to the Parliament, Tyranny, yea, Tyranny accompanied with Perjury, 2. He endeavors to perfivade the Confcienceof the Subjects , that they are bound to obey Commands illegal,yea he damns them for not obeying them, 3. He robs the Subjecfs of the propriety of their Goods. 4. He brands them that will not lofe this propriety with mo(l [candalom Speeches and odious Titles , to make them both hateful to Prince and People r, fo to jet a divifion between the Head and the Members , and between the Members them f elves. 5. Tothc fame end not much unlike to VauK and his fellows , he [eeks to blojp tip Parliaments and Parliamentary Powers. ''The fifth being duly viewed, will appear to be fo many Charges, and " they make up all the great and main Charge , a mifchievous Plot to alter ''and fubvert the frame and government of this State and Commou- " wealth. "And now though you may be fure, t\^2tMr. Manwaring leaves us no " propriety in our Goods, yet he hath an abfolute propriety in this Charge, '' here himfelf making up his own Charge. Here he read fcveral Paflages out of his Book, and then proceeded and foid, '' You have heard his Charge " made up by liis own words , and withall I doubt not but you feem to hear *' the voice of that wicked one ( of Commons, his Majefty hath commanded me to lay unto you, "That he takes it in good part, that in confideration of fetling your own ''Liberties, ye have generally profeffed in both Houfes, that ye have no " intention for to leffen or dimimlh his Majefties Prerogative^ wherein as ye " have cleared your own intentions, fo now his Majefty comes to clear his, " and to fubfcribe a firm League with his People, which is ever likely to be " moft conftant and perpetual, when the Conditions are equal, and known '' to be fo : Thefe cannot be in a more happy eftate then when your Liber- '' ties (hall be an ornament and a ftrength to his Majefties Prerogative, and " his Prerogative a defence of your Liberties 5 in which his Majefty doubts " not but both he and you fliall take a mutual comfort hereafter 5 and for " his part he is refolved to give an example in the ufing of his power for " the prefervation of your Liberties, that hereafter ye fliall have no caufe " to complain. This is the fum of that which I am to fay to you from his '' Majefty : And that which further remains is. That you hear read your " own Petition, and his Majefties gracious Anfwer. , A 7he Petition Exhibitedto his Majejty by the Lords Spritml mdTemford^ and Commons in this prefent Parliament a^emhled, concerning divers Rights and Liberties of the Subjects , with the Kings Majefties Moyal Jnfwer wereunto in full Parliament. To the Kings moft Excellent Majefly. HaniMy aieui unto out ©o^eraign io?ti t!jc Siing, tijc tojtijx ^pi' ritual anti Ccmpo?at, anu Commons in ^^arliamcnt aflcmbleo, CliatiuIicrcajsiti^sDcclaretiantiCnactetiln' a Statute mancintlje tunc oftljcl\Ciiino[ Ems Kdward tOefirft, connnonlp calleti, stacucum deTallagio non conccdendo , CfjatUO 'CaHap 0? aiDC fijaUfae laiB 02 IC' ^icn bPtljcEingcj ljisJ£)nr0intl3isi EcaUn, luitliout tlje goon m\\ annaiTcntof tlje avcljluiljapGi, IMnjopjS, enil0. X^aronjJ, tuusljts, 'Burffcffcs, ano otijci* ti)c freemen of ti3C Commonnltp of tijtis Ucnim : anO bp 3utlio?ity of ]?arliamcnt ftomen in tl)c fi\)c ant) tiucn^ tietl) Pcar of tOe Reign of Emn; Edward tljc tljun , it 10 Declaret anD C-iuirtcD, £Jjatfrouul)cnccfo?tf) noperfon Ilioulti he compcilco to niahcanv loansjtotljc Emg agalnft Ins luill, hccaufc fuel) toanss lucre aiiainfiEeafon, ann tlje jFrancljifc of tlje JLanD^ ann up otDer Laai!3ovtnisRcaimitisp?o\3iocti, cljnt none fljoultHiccljargeo hy ^W^ CijariJC O? 3mpoatIOn, CallCD a Benevolence, UO? h\> fUClj \M . " COarge Hillorical QolleUions, ^97 A- B D I Cljarsc , bp mijtcO tljc g>tntutc0 before mcntionco , aun otijcr tl)C ' gooD Laius iinn statutes of tljisi Ecalm , poui* ^ubjcas lja\3c iuljcri= ten tOisi jr rccDom, COat tljcp njoiilD not be compcllco to contribute to anj? car, Callage, ain, o? otijcr liUc Cijargc^ not fct b^ common ccn= fcntinl3acliamcnt» aict nc\3crti)clcf!3, of late liibcrs Commfssions tsivcttcB to funtijv Commifsiionero ntfcijcral Comities luitij infiiiictions Ijabc iffiieu, b\' means luljcreof voiir l^eople Ijane been in DiUcrs places airemblcOj ano rcciuireo to Icnn certain funis of £9onc)) unto I'our i^ajefti? , anb mani'of tbem upontljeir refufalfoto do, ijabeljaoan ©atbamiiint- ftrcD Uiitotljem, not luarrantablc bvtljc latoso? €^tatutesof tljis Eealii? , annijabebeen conftramcn to become bouiibtomaUc appear- ancc aiHiffibc attennaiicc befoje pourl^^bv Councel, auU in otijcr places , ann otljcrs of tbcm Ijabc been tijercfo?c impiifoncD , confi nen , aiiD fuiiD?v otljer iuays molefteD anD oifquietcb : aim biberS otijer cbanjesijabebeenlapet) anblcbicb uponvour l^eoplciufcberal Coiiiitics, bp lojDS , Lieutenants, Depiitj? Lieutenants, Com= mifsionersfo? cinders, Jufticesof l^eace, anti otljcrs bv commanD oi biiection from vour i^ajcffv 02 pour puvip Councel , asamft tbe Laius aub free CuftomS of tljc Ecalnu aim lUljCrC alfO bP tlje S)tatUtC calico , The great charter of theLiber* ties of England, Jtts neclareDanD ciiacteti, Cbat no jf reeman map be taken 0? imp2ifonen o?be bilfeifeo of ijis ifrceljolbs oi Liberties, 02 fjis free Cufloms, 0? be ©iitiamcb 0? Crtleb, 0? in anp manner beftroy- CD , but bp tije laiutul luDgcmcnt of ijts Peers , 0? by tljc Law of ti)e Laim, aim 111 tljc eigbt aim tluentietlj vcar of tlje reign of £^ina; Edward tlje tljtrD, ttiuas DcclarcD aim cnactcb bv autijo2it)' of [iJaiUamcnt, Cbat no man of luliat Cftatc 0? conDitton tbat be be, flioulD be put out of Ijis LanD 0? Cencments,no2taUen,iio? imp?ifoncD,no2 Difl)eviteD,no? put to Dcatlj, luitljout being b?ougbt to anfmer bP Due p20cefs of Laiu ♦ j^cbcrtlicicfs, agamft tbe teno? of tlje faiD ®)tatutcs, aim otbcr tfje poD LauJS dt Statutes of your Kealm, to tbat eim P20btDcD,Dibers of your subjects Ijabc of late been lmp?ifoiicD luitljout any caufe (Ijcidcd, aim luben foj tbcir Delibcrance tbey uicre biougbt bef02e your 3ufHccs, by your qjajefties (lants of Habeas corpus , tljere touimergo aimrc' ceibc as tbe Court HioulD 02Dcr, aim tljeir jd^eepers commaimcD to cer^ tifie tljc Caufcs of tljeir Detainer ■, no caufe was certificD , but tljat tljeyiuerc DctaincDby your sgajcfties fpecial Commaim, figmficDby tlje L02DS of your \^i\\s^ councel , aim yet were returncD bach to fe^ beraU32tfons , luitljout being cljargcD uiitlj any tljing toiuljtclj tljey mi«Ot make anfujcr acco?Ding to tljc Laio* aim luljercas of late great companies of ©olDicrs aim ^avt= ncrs , Ijabebccn DifperfcD into DiberS Counties of tbcEcalm, anD tljc inliabitaiits agaiiitt tbcir mills Ijabc been compellcD to teccibe tljem into tbcir boufcs , aim tbcrc to fuffcrtbcm tofojourn, againft tljcLaius aim cuftoiiis of tljis l\caim , aim to tljc great gncbauce aim \3e)cation of tbe people* anD tobcreas alfo by autb02ity of i3arliamciit, in tbc 25 vear of tbc reign of l\ing Edward tbetbicD , it is Declaren aim enartcD , Cbat no man fliallbc fo^ejiiDgcD of life 02 limb againft tbc fo?mof tbc great Cbacter, aim tljc Laui of tlje LaiiD: aim bp tbe faiD great Cbarter aiiDotbettbe Lams aim ®)tatutes of tbis your Eealm , no man ougbt to be aDjuDgcD to Deatb -, but by tbe Lauis eaabliflicD m tbiS your Eealm , citbcr by tbe Cuftonis of tbc fame Eealm, 0^ by acts of par^ liament t aim luljcrcas no offciiDcr of lubat kiime focber is cvcmptcD from tbe p20cccDings to be ufcD, aim punifljmcnts to be tnflictcD bp tbc Laius aim <&tatutes of tbiS pour Hcalm , j^^cbcvtbclcfs of late Di- bcis Commifsions lumcr your 99ajcaics great ^eal babe iftucD foitb , bP uibicb certain pcrfons babe been atoigncD aim appotntcD CommifSioners luiUj isomer aim autb02ity to p20cccD uutbm tbc jFfft ' Laim 4. Caroli. ?. Hen.3.ij. 28,Ed.3.3.' ^7..EJ.3.is. 38. Ed.3.9. 4i.Ed.3.}, 17. Ric,2,6, ly. Ed.3.9. ;;.Hcii.3.i;,. ^«Ed,3. 3. 598 1 Hijlorical ColleBions, ^ln.i6i%. The Petition The Anfwer debated. taun, accD?5in5to tljc Juftice of s^attial Lam, againft fuci) ©01= Dtcr0 ann ©armcris , 02 atljcc tilVoluteperfonjs jovninc luitlj tljcm, as njoiUD commit anv^urtljcr, Eobber^, fdonp, S^utmy, o?otljcc ©utraec 0? JeifDcmcauo? uiljatfocijcr, anti lij) fuclj ftmmiarp courfe ann ©jocr , a^s isi aguccnlilc to c^artiai Lam , ann 10 ufcB m armies in time of 2XHac , to p?occcti to tljc ttval anH conocmnatiou of fuel) of= fenncrsJ , ano tl)cm to caufc to be ej:ccutED aim put to Dcatlj , acco?tJ= ing to tije Laiu S0artial. l>p p2ctc]ct UJljcreof, fome of vour si^ajcaics ©ulijectss \mt been bp fomeof tljefniti Commifsionei-0 put to tJcatlj, uHjcnanu uiberc, if li)>tbe Laujjs aun statutes of tbcLauD tljcpljan oeferbcDHeati), bp tlje fame Lauijs aim Statutes alfo tbej? ttilsOt , aiiD bp no ottjet ougbt to (ia\)e bf eu anjutsgcti ann cjiecuteti, ann aifo fuiion' svic\30U6 otfenHerd bp colour tljcreof, claiminffan emnption Ijauc efcapeo tlje punifljmentg Hue to tijem bv tbe Laiug anD g^ntutesof tljijEipour Ecalm, bpreafontljat Utters of pour £Dfficer0, ann ci^tntfterq of Jufticc lja\)e unjuaiv rcfufcB , 0? fojbo^n to p?ocecD agama futij offenners accoming to tljc fame Lame aim etatutejs , up= on pretence, tbattbefaiD offenoer^mcrcpunifljable onelp bp $^artial LaiD, aim bp autljo.ntpof fuel) commifsionfii m afo?c(aiti, uiljicij ConnnifQion0 , anB all otber of lihe nature , arc uiljollv aim Dircctlp contrarp to tlie faiD Lawis aim statutes of tOijs pout Eealin. Cbcvlio tljerefo^e ijumblp p.jap pour moflercellent^ajeffp, t:bat no man ijcreafter be compeiictJ to maUc 0? piclD anp »©ift. Loan, ai5e= neijolencc, Caic, 0? fuel) liUcCbargc, luitljout common confent bp Set of parliament; aimtbnt none be callen to maUe anftoer, o?taHe fuel) £>arl) , oi to gibe atteuoancc , 0? be confineD , 0? otljeruiifc moiefteuoj DifqutetcD concerning tlje fame, 0? fo? refufal tljereof : anl«tl)ntnojfrceman, inanpfucljmaner as is before nientionen, be impnfoncn 0? octainen : aim tljat pour ^ajeltp mill be pleafeb to re= nio\}c tfic lam s^oiotcrs aim ^^ariners , aim tbat pour people map not be fo burtbencb in time to come : aim tljat tlje fo^efaiH Commtfsi' ons fo? p?occeoing bp S0artial Laiu , map be re\joUeD aim annulleD •, aim tljat Dcreafter no commifsions of iibe nature map ilfue fo?t6 to anp pcrfono? perfons mbatfoeber, to be etccuteuas afo?efaiu, left bp colour of tbcm anp of pour i^ajeftics ^uijects be DeOropeD 02 put to neatl), contrarp to tbc Lams ann jf rancbife of tbe LanD. ail tuljicb tbep nioft Ijumblv p?ap of pour mod Ciccellcnt 9i5ajeffp , as tbcir Eigljts aim Liberties accoming to tlje Lams aim g'tatutes of tbis laealm : aim tbat pour SJ^ajeftp moulb alfo boucbfafe to oeclare, Cbattlje amariis,iioings, aimpmcccmngs to tbe p^ejubice of pouc people, in anp of tlje p^cmifes, (ball not be b?amn bereaftet into Confeciuence 0? ecample : aim tbat pour a3'ijcftp moulD be alfo graci^ ounppleafeb , fo? tbe futtber comfort aim fafetp of pour people, to Beclatepour ropalcoillaimpieafurcCbat in tbetbings afojefain all pour Officers aim £i9inifters (ball ferbe pou, accommg to tbc Lams aim statutes of tbi0 Realm, as tl)ep tcimcc tbc i&)ono? of pour $©aje' ftp, aim tlje pmfperitp of tbiS l^ingbom- Which Petition being read, thQZoi June 2628. The Kings Anfwer was thus delivered unto it. The King vvilleth that Right be done according to the Laws andCa- ftoms of the Reahn j And that the Statutes be put in due execution , that his Subjeds may have no caufe to complain of any wrong or opprefsions, contrary to their juft Rights and Liberties, to the prefervation whereof, he holds himfelf in Confcience as well obliged, as of his Prerogative. On Tuefdaj J-une 3. the King's Anfwer was read in the Houfe of Com- mons, and feemed too fcant, in regard of fo much expence of time and labour as Hifcoricai Col/eBions, B D H E reduced the Caufe of all our evils to Five heads ; and doubling in Religion , "o as had been imployed in contriving the petition; Whereupon Sir ^dfi Elliot flood up and made a long Speech, wherein he gave forth fo full and lively reprefentation of all Grievances, both general and particular, as ii' they had never before been mentioned. Our infincerity which he exemplified by the freedome " and increafe ot Papifts ^ by the compofition with them in the North ^ " the flightnefs of thofe payments, and the eafinefs in tlic-m-, by the hopes '' prefumptions, and reports of all the Papifts generally ^ by the difpofition '' of Commanders, the truft of Officers, the confidence of fecrecies of em- " ployments in this Kingdom, in Ireland^ and elfewKere. ''2. Our want of Councel, which facrificed our honour and our men fent '' to the Palatinate, flopping thoCe greater fupplies appointed for that Ser- '' vice, by which it might have been made defenfible ^ this gave diredtion to " that late expedition to Ree, whofe wounds are yet bleeding, by means '' whereoftheProteftantsof France, and their King by a neceflary confe- " quence are divided, and that Countrey fo prepared againft us,that we have " noticing to promife our neighbours, hardly for ourfelves, infomuchasby " the iffuc and fuccefs it may rather be thought a conception of S^ain, then " begotten here by us. '' 3. The mfufficiency and unfaithfulnefs of our Generals:Witnefs firft the " expedition to Ci/f5,where we arrived and found a Conqueft readyCt'iz..) the " Sfmijh lliips fit for the fatisfadion of a voyage, either in point of honour, '' or in point of profit : why was it negleded < why was it not atchieved, it ''being granted on all hands feafibleC when the whole Army landed, why " was there nothing attempted C it nothing were intended, wherefore did " they land < if there were a fervice, why were they fliipt again < Witnefs " fecondly that to 7?ff,where the whole adion was carried againft the judge- " ment and opinion of the Officers, {vtz.) thofe that were of the Councel ^ " was not the firft, was not the laft, was not all, at land in the intrenching, in " the continuance there, in thealfault, in the retreat, without their ailtntc " to fay nothing of leaving the Wines and the Salt which were in our pof- "feffion, andofavalue, asthey fay,toanfwer much of ourexpence^ nor " of that wonder whicii no Alexander or Cxfar ever did know, the enriching " of an enemy by curtefies, when the Souldiei's want help, nor of the pri- " vate entercourfes and parlies with the Fort, which continually were held -, " what they intended, may be read in the fuccefs. '' 3. Witnefs the laft voyage to Hotchel, which needs no obfervation, and " is frelli in memory. " 4. Head is the ignorance and corruption of our Minifters. Survey the " Court,furvey the Countrey,the Church, the City,the Bar,the Bench, the " Courts, the Shipping, the Land, the Seas, all will yield variety of proofs : '' The Exchequer is empty, the reputation thereof ^one , the ancient Lands " are fold, the Jewels pawn'd, the Plate ingagcd, the debt ftiU great, almoft " all charges both extraordinary and ordinary by Projeds. '' S.TheopprefTion of the Subjeft, it needs no demonftration, the " whole Kingdom is a proof, and that oppreffion fpeaks the exhaufting of '' our treafures-,what wafte of our Provifions,what confumption d our Ships, " what deftruftion of our men have been 1 witnefs the voyage to Algicr^ " witnefs that of Mansfield, witnefs that to Cales^ witnefs the next, witnefs " that to Ree •, witnefs the laft, witnefs the Palatinate^ witnefs the Tftrks, " witnefs the Dunkirk's^ witnefs all •, we were never fo much weakned, nor '' had lefs hopes how to be reftorcd. F f f f 2 Thefe 4 Carol I. SirJo.Elli- ots Spetrh 111 the h) ing open of giic- vanccs. 6oo Hiftorical ColleBions, An. i6i8' cc Some agaiiift the recapi- tulating of Gnevanccs, Exceptions to Sir )ohn Elliots Speech. " TheleMr. Speaker are our dingers, thefe are they do threaten us, andi thole are like that Trojan Horfe , brought in cunningly to furprize us, in ''thefe do lurk the ftrongeftof our enemies ready to iflueonus, and if we " do not now the more fpeedily expel them, thefe are the fign, the invitation '' to others. ''Thefe will prepare their entrance, that we fliallhave no means left of '' refuse or defence ^ for if we have thefe enemies at home , how can we " ftrive with thofe tliat are abroad < if we be free from thefe, no other can im- " peach us : Our ancient Englifli vertue , that old Spartan valor cleared from " thefe diforders , being in fmcerity of Religion once made friends with Hea- '' ven, havintT maturity of Councels, fufficiency ot Generals, incorruption " of officers , opulency in the King , Liberty in the People , repletion in '' Treafures , reftitution of Provilions , reparation of Stiips, prefervation " of Men : " Our ancient Englifli vertue thus redified, I fay, will fecure us, and unlefs " there be a fpeedy reformation in thefe , I know not what hopes or expe- " Nations we may have. *' Thefe things, Sir, I IMI defire to have taken into confideration , that " as we are the great Councel of the Kingdom , and have the apprehenfion " of thefe dangers, we may truly reprefent them unto the King , wherein I " conceive we are bound by a treble Obligation of duty unto God, of duty " to his Majefty, and of duty to our Countrey. " And therefore I wifli it may fo fland with the Wifdomand Judgement '' of the Houfe , that they may be drawn into the body of a Remonftrance^ " and therein all humbly expreffed with a Prayei-unto his Majefty tor the "fafetyofhimfelf, and for the fafety of the Kmgdom , andfor thefafety ''of Religion: Thathewillbepleafed to give us time to make perfeft in- " quifition thereof, or to take them into his awn Wifdom , and there give " them fuch timely reformation, as the necelTity of the Caufe and his Juftice " doth import. " And thus, Sir, with a large affedion and loyalty to his Majefty, and with " a firm duty and fervice to my Countrey, I have fuddenly , and it may be, " with fome diforder expreffed the weak apprehenfion I have , wherein if I " have erred, I humbly crave your pardon , and fo fubmit to the cenfure of " the Houfe. IT feemed to others not futable to the wifdom of the Houfe in that con- jundure , to begin to recapitulate thofe misfortunes which were now obvious to all, accounting it more difcretion not to look back, but forward : and fince the King was fo near to meet him , that the happinefs expeded might not be loft : and thefe were for petitioning his Majefty for a fuller Anfwer. IT was intimated by Sir Henry Martin, that this Speech of Sir ^ohn Elltot was fuggelted from difaffeftion to his Majefty •, and there wanted not fome who faid, it was made out of fome diftruft of his Majefties Anfwer to the Petition •, but Sir 5'^fl/;w £///<)/• protefted the contrary, and that himfelt and others- had a refolption to open thefe laft mentioned Grievances , to fatisfie his Majefty therein , onely they ftayed for an opportunity : Which averment of Sir ^ohn Elliots was attefted by Sir Thomat Wemmrth, and Sir Robert Phillips, Whilft B D F Htftorical ColleUions, 6oi B D More exccp- tious. WWiMlSvcJ^ohn Elliot \\;{s fpeaking, an interruption was made hy\/ifCaroli Sir Humphrey Map exprelling a diflike ^ but he was commanded by the Commons to go on : and being afterward queftioned for a PalTa^e in that Speech, ^';^^. That fome anions jcemed to be but conccptons of S^iva he explained himfelf, That in refped of the affairs of Denmark^ theinga"e- ment of that unfortunate accident of Ree , he conceived was a conception oi Spain, rather then to have any motion from our Councel here. IN this Debate Sir £i^)v.!r^O , by uiljiclj it Ijatlj been fo long matntainen in peace anti Onppincf0 , anti to tbc m\m of oiit folieiaiijn to?t) the iRmg, ann fo? tbe p?efec\)ation of w Croiun anti DiGnitv : cbc Conunonci in tbisJ p?cfent li)arUament affemblen , no bv tDis tljcir x^tii flieiu, ann nedarc ajtainft Roger Manwanng,cierU,D?. in DiiUnit)',Cbat mberea^ bv tbclaiBgi ann etatiitesiof tijisi Ecalm , tlje free eiibiectsi of England no 6oz Eifiorical Collections, An. 1628. noimooubtempmljerittljisEujljt anu Lii3cn\>:> not to be compclleu to coiitvibiitc an\) CiiVj i^LOllaijc, ^m^ 02 to maUc nnv lonns not fct 0? tmpofco in' common confcntj tip act of I5nvliflmcnt. anti ni^jcrS of IjijJSi^iijcmcdloiiins^ulijcttgi retiring; iipontlic faiDLnius anB Cu= ilomc£j, tno m all IjUtnilitP rcfufc to IcnB fuel) fumd ot £^onev05 iBttlj= out autl30?itp of l^aiiumicnt, agi uictc lately t cquircD of x\)m- if5c^evt^clcf$3 \)t tl)e laiu Roger Manwaring in contEuipt, ano contran' to tijc Lau)0 of tl)i0 Kcalm, t)atl) latcij? p?cacl)Cii m !)i!S sgajcfticss o?cfcncc tU3o feijetal g^etmon^:, Cijat 10 to fap, tije foutflj tinp of juiy iaft one of tljc falD eermon?, anU upon tlje ^9M'^ of tljc fame ®onetlj the otljer of tljc fain g^crmon^ ■, liotlj ujIjicIj S^ermon^ Ije Ijatlj fmce publiajeti in p?tnt in a 13ooU intituicu Religion and Allegiance^ auti mitb a U3tcb£ti anti nialittoud intention to fctjuce anti mifguitic tlje Convci' encc of tl)c uuigs melt excellent iii3ajeftv, toucljuig tlje obfcr^ation of tljc Laio0 anD cuftomcd of tljiS t^utpom, anH of tl)e Eiffljts anU Libettied of tljc S^ubjccts, to inccnfe bis Eoval tiifplcaauc agamtt bid Qjooti €^ubjcctG fo refufing, to fcantiali?ej fiib\3ert auD inipcacb tljc ijooo iaiu£i auD (Sa^jctnmcntof tiji£i Ecalm, ann t}}e auUjoiitv of tlie IM\) Court of parliament , to alienate ljt0 lloval Ijeart from Ijiss l*)cople, anti to caufe jcalouficdjfeBttion anti tnnifion in tlje Uinstiom* roe tlje fain Roger Manwanngtjotij tu tijc faio @)ermon)3 ann "BooH per= fiuatie tljc iAinijsi mod ercellent ^ajeflv, jfic(t5tljatljis>^ajcftp iginotbouniJ to hcep antj obferlic tlie goon La'aJdauncu(lome{Scftlji0Eeaitn, concermna; tljc Etgbts ann 1(« bcrtic0 of tlje S'libjcct'; afOKUientioncn : ann tljat ijtjj Eopal CCUU anncommanninimporing;ioanss. Caress annodjcr atng upon Ijis people tBitljoutcommonconfent in [Parliaments notljfofar bmnc tt)c ConfcicnccQ of tbc ©ubjcctJ? of tljis tAingnoub tbat tijev cannot rcfufc tijc fame imtljout peril of eternal nanmation- ecconniv,tljat tbofc of Ijijs ®ajcftic0 losing ^ubjectis luljicl) rcfuten tlje loan afo^cmcntioncn in fuel) manner:, m 12s bcfo?c rccitcn, nm tbercin offenn againft tbe law of eon,aiTatnftbi0 03ajefftes supreme autljojitp, ann w fo noing became guiiti' of jmpietv, Difioialtp^ ec= bcllionannDifobcntcncc, ann liable to manv otbcr Cares, ann Ccn= fured,U)lji£l)licintljc federal parts ofijiS'BooU notb moll faini? ann malitiouiiy lav upon tbem. Cljuniv, tljat autljo?it)) of l^atliaments is not ncccITarp fo?tl)c raifing of Sins ann ^^ubfinics? tljat tbc floui p^occeninffs of fucij af' femblieS arc not fit foi tljc fuppli' of tbc unjent neceiTitics of tljc ^tatc,butratljecapttop?onucc fi'mn^p impeniments to tljc juft nc= figns of li)2incci33 ann to giijc tljcm occafion of nifplcafurc nun niD content* ail lubicb tljc Commons are reanv to p?o^c, not onli' bv tbc itcncral fcopc of tbc fame g^crmons ann '15coU,but libciutfc bj» fciicral ClaufeS, affcrtionS,ann ©ententes tbercin contatnen;ann tbat Ijetbc fain Roger Manwantig iip p^cacbinn; ann publinjmo: tbc €^ennons ann '15ook afo?c- mcntioncn^nin molt unlaiofuilpaburc bis boiy ftmction, inftituten bp 0on \\\ bis Cburcb fo? tbc ffuinunj of tbc confcicnccs of all W ®cr= Hants, ann cbieflv of ©oueraisn Pnnces ann Si9agi(lratcs, annfo^ tbc maintenance oftbc peace ann concojn bctiuirtall men, cfpcciallv betuurt tbc mng ann biS [People, ann batb tberebi' moft grieuouni' affcnnen agalnft tbe Croiun ann Dignitv of biS $©ajcap, ann aijainii tbc p^ofpcntp ann goon (©o^jcrnmcnt of tUiS etatc ann Common= \ucaltb.ann tbc fam commons bv piotertation faHing to tijcmfcroes tbc liberty of erbibitmg at aiiD time bcrcafter anv otbcr occafion 0? impcacbmcntagainft tljc fam Roger Manwaring, ann alfo of replying to tbc aufiuers lubicb isc tbe fain Roger fl)all make unto any of tljc matters contamcn m tbis pjcfent 15111 of Complaint, ann of offering furtbcr pioof oftbc pjcmifcs,o? of any of tbem, as tbe Caufe ac coining to tbe Courfe of ii)arliament fijall reciuirc, no p?ay tbat tbe fain Roger Manwaring may bcput to anfujct to all ann e^cry tbc pjemiies, ann tljat fiicb Hiflorical ColMHons. B fuel) piacceninn;, etmiiinnttott, trial, nitjgcmcnt, anu ctemplatrp du^ nin)mcntnui)?bctljcmiponljn0nuDe]cecutcD, assijs agreeable to laiD ano31uaice- This Declaration ingroffedin Parliament bein^ read, Mr. Vym addrejjeci him felf to the Lords in this manner, " 'TpHat he fhould fpeak to this Caufe with more confidence, becaufe he '' A favv nothing out of himfelf that might difcourage him ; It he confider- ** ^ the matter, the Offences were of an high nature, of eafie proof-, if he "con/idered their Lordfhips, who were the Judges of their own intereft, " their own honour,the example of their Anceftors, the care of theii Pofte- « rity, would all be Advocates with him in this Caufe on the behalf of the " Commonwealth i ifheconfidered the King our Soveraign (the pretence " of whofe Service and Prerogative might perchance be fought unto as a " Defence and Shelter for this Delinquent) he could not but remember that '« part of his Majefties Anfwer to the Petition of Right of both Houfes, " that he held himfelf bound in confcience to preferve thofe Liberties which " this man would perfwade him to impeach : He faid further, that he could "not but remember his Majefties love to Piety andjuftice manifefted ** upon all occafions •, and he knew love to be the root, and fpring of all '« other pafTions and affcdbions. A man therefore hates, becaufe he fees fome- " what in that which he hates contrary to that which he loves-a man there- " fore is angry, becaufe he fees fomevvhat in that wherewith he is angry, that " gives impediment and interruption to the accomplilliment of that which " he loves. '■'If this be fo,by the fame aft of his Apprehenfion, by which hebe- " lieves his Majefties love to Piety and Juftice, he muft needs believe his ''hateanddeteftation of this man, who went about to withdraw him from " the exercife of both. Then he proceeded to that which he faid was the Task enjoynedhim, " to make good every Claufe of that which had been read unto themrwhich '' that he might the more clearly perform, he prepounded to obferve that *' order of parts unto which the faid Declaration was naturally dilTolved. " I. of the Preamble. " 2. The Body of the Charge. " 5. The Conclufion or Prayer of the Commons. " The preamble confifted altogether of recital •, firft of the Inducements " upon which the Commons undertook this complaint. " The fecond of thofe Laws and Liberties againft which the offence was ''committed. "The third ofthe violation of thofe Laws which have relation to that " offence. " From the connexion of all thofe recitals (he faid) there did refult three *' Pofitions,\vliich he was to maintain as the ground-work and foundation of " the whole Caufe. " The firft, that the form of Government in any State could not be al- <' tered without apparent danger of ruine to that State. '' Tlie fecond, the I,aw o{ England^ whereby the Subjefts was exempted ^' from 60^ /^ Car oil. Mr. Pyms Speech at the dehvcry ot the charge againll Dr. Manwaring, 6o^ Hiflorical QolleUi'ons, An. 162 8. " from Taxes and Loans not granted by common confent of Parliament, was / "not introduced by any Statute, or by any Charter or Sanftion of Prmces, " but uas the Antient and Fundamental Law ifl'uing from tlie firft frame and " conltitution of the Kingdom. " The third, that this Liberty of the Subjeit is not onely moft conve- "nient and profitable for the People, but moft honourable, moftnecefTary " for the King, yea in that point of fupply for which it ums endeavored to ''be broken. " The form of Government is that which doth aduate and difpofe ever}'- ''part and member of a State to the common good-, and as thofe parts " give ftrength and ornament to the whole, fo they receive liom it again " ftrength and protection in their feveral ftations and degrees. " If this mutual relation and intercourfe be broken, the whole frame " will quickly be difTolved, and tall in pieces, and in ftead of this concord and " interchange of fupport , whileft one part feeks to uphold the old form of " Government, and the other part to introduce a new, they will miferably B '' confume and devour' one another. Hiftories are full of the calamities of " whole States and Nations in fuch cafes. It is true, that time muft needs '' bring fome alterations , and every alteration is a ftep and degree to- " wai'ds a dilTolution •, thofe things onely are eternal which are conftant and " uniform : Therefore it is obferved by the beft Writers npon this Subjed, " that thofe Commonwealths have been moft durable and perpetual which " have often reformed and recompofed themfelves according to their firft " Inftitution and Ordinance •, for by this means they repair the breaches, and " counterwork the ordinary and natural effed: of time. , "Thefecondqueftionisasmanifeft, there are plain footfteps of thofe " Laws in the Government of the Saxons, they were of that vigor and '' force as to overlive the Conqueft, nay to give bounds and limits to the "- Conqueror, whofe viftory gave him firft hope •, but the affurance and " pofTelTion of the Crown he obtained by compofition, in which he bound "himfelf to obferve thefe and the other antient Laws and Liberties of the " Kingdom, which afterwards he likewdfe confirmed by oath at his Co- D " ronation : from him the faid Obligation defcended to his Succeffots. It is " true, they have been often broken, they have been often confirmed by " Charters of Kings, by Adls of Parliaments •, but the Petitions of the "Subjefts, upon which thofe Charters andAfts were founded, were ever '' Petitions of Right , demanding their antient and due Liberties , not " fuing for any new. " To clear the third Pofition (he faid) may feem to fome men more a " Paradox, Tliat thofe Liberties of the Subjed iliould be fo honorable, fo " profitable for the King, and moft necelTary for the fupply of his Majefty. " It hath been upon another occafion declared, that if thole Liberties were " taken away, there lliould remain no more indultry, no more julHce, no '•' more courage •, who will contend, who will endanger himfelf for that " which is not his own 1 '' But he faid he would not infift upon any of thofe poirtts, nor yet upon " other very important ; he faid, that if thofe Liberties were taken away, " there would remain no means tor the Subjeds, by any ad of Bounty or " Benevolence, to ingratiate themfelves to their Soveragn. " And he defired their Lordfliips to remember ^vhat profitable Preroga- '' tives the Laws had appointed for the fupport of Soveraignty -, as Ward- "lliips, Treafures trove. Felons-goods, Fines, Amercements, and " other ICfues of Courts, Wrecks , Efcheats, and many more too long to "be (-* Hifiorical Collections, do5 B D '' be enumerated •, which tor the moft part are now by Chartcis and Grants " of feveral Princes difperfed into the hands of private Perfons •, and that "befidcs the antient Dcmeafnesot: the Cxowix ol EftgLind^ VVilltam the " Conqueror did annex , for the better maintenance of his Efhue , sreat " proportions of thofe Lands , which were confifcate from thofc Eii^lijh '' which perfifted to withlhmd him , and of theie very few remain at this'day " in the Kings poiTeflion: And that llnce that time the revenue of the Crow n " iiad been fuppHed and augmented by Attainders, and other Cafualties in ''theageot our Fathers, by the diffolution of Monafteries and Chantries, ^' neer a third part of the whole Land being come into the Kings poflefsion : " He remembred further that conftant and profitable Grant ot the Sub- "je(5ls in the Ad of Tonnage and Poundage: And all thefehe laid were " fo alienated, anticipated , overcharged with annuities and afiignmcnts, "that no means were left for the prefsing and important occafions ot this '' time, but the voluntary and free gift of the Subjects in Parliament. '' The hearts of the People , and their bounty in Parliament , is the '' onely conftant Treafure and Revenue of the Crown , which cannot " be exhaufted, alienated , anticipated, or otherwife chai'ged and incum- '' bred. In his entrance into the fecond part he propounded thefe Steps, by which he meant to proceed. '"1. To Ihew the ftate of the Caufe , as it flood both in the Charge and " in the Proof, that fo their Lordtliips might the better compare them both " together. "2. To take away the pretences of mitigations and limitations of his '' Opinions , which the Dodor had provided for his own defence. " 3 . To obiervc thole circumftances of Aggravation , which might pro- '' perly be annexed to his Charge. "4. To propound fome Precedents of former times, wherein though he " could not match the offence now inqueftion (for he thought the like be- " fore had never been committed) yet he ihould produce fuch as fliould fuf- " ficiently declare , liow forward our Anceftors would have been in the pro- " fecution, and condemning of fuch offences, if they had been then com- " mitted. " The Offence was prefcribedin a double maner , Firft, by the general " fcope and intention , and by the matter and particulars of the Fad , " whereby that intention was expreffed. "In the defcription of the intention he obferved fix Points, everyone '' of which was a Charader of extreme malice and wickednefs. " I. His attempt to miiguide and feduce the Confcience of the King. " 2. To incenfe his Royal Difpleafure againft his Subjeds. " 3 . To fcandalize, impeach and fubvert the good Laws and Government '' of the Kingdom, and Authority of Parliaments. '' 4. To avert his Majefties minde from calling of Parliaments. J. To alienate his royal Heart from his People. " 6. To caufe Jealoufies, Sedition, and Divifion in the Kingdom, " Of thefe particulars (hefaid) he would forbear to fpeak further , till he " fhould come to thofe parts of the Fad , to which they were moft properly ''to be applied. '' The Materials of the Charge were contrived into three diftind Aiticlcs, " the firft of thefe comprehended two Claufes. ''I, That hisMajeflyis not bound to keep and obferve the good Laws " and Cuftoms of the Realm , concerning the right and liberty of the Sub- Gggg . ^'jed. ct 4 Carcli. 6o6 \ Hiftorical Collections, An. 1628. " jed: to be exempted from all Loans, Taxes,and other Aids laid upon them, " without common confent in Parliament. "2. That his Majefties Will and Command in impofing any Charges ''upon his Subjefts without fuch confent, doth fo far bind them in their " Confciences, that they cannot refufe the fame without peril of eternal " damnation. " Two kinds of Proof were produced upon this Article. • " The firft was from fome affertions of the Doftors , concerning the " power ofKings in general, but by neceflary confequence to be applied to '' the King of EngLwd. "The next kinde of Proof was from his Cenfures, and determinations '' upon the particular Cale of the late Loan, which by necefsity and parity " of reafon , were likewife applicable to all Cafes of the like nature. And left by frailty of memory he might miftake the words, or invert the fenfe, he delired leave to refort to his Paper, wherein the places were carefully extrafted out of the Book it felf. And then he read each particular Claufe by it felf, poinungtothe Page for proof, which we here forbear to men- tion, referring the" Reader to the Book it felf, " Then he proceeded and faid , That from this evidence of the Fad doth '' iffue a clear evidence of his wicked intention to mifguide and feduce the "^Mvings Confcience , touching the obfervation of the Laws and Liberties of '' the kingdom , to fcandalize and impeach the good Laws and Govern- " ment of the Realm, and the Authority of Parliaments , which are two " of thofe Charafters of malice which he formerly noted , and now in- " forced thus : If to give the King ill Counfel, in fome one particular Adi- " on, hath heretofore been heavily punilhed in this high Court; how much " more hajnous muft it needs be thought by ill Counfel to pervert and fe- "duce his Majefties Confcience, which is the foveraign Principle of all " moral Adions , from which they are to receive warrant for their diiedion " before tliey be adled , and Judgement for their reformation afterwards:" '' If Scandalttm m-igmttm , Slander and Infamy caft upon great Lords and '• Officers of the Kingdom , have been always moft feverely cenfured ; how " much more tender ought we to be of that Slander and Infamy , which is '' here caft upon the Laws and Government , from whence is derived all the '' Honor and Reverence, which is due to thofe great Lords and Magiftratesc" '' All men (and fo the greateft and higheft Magiftrates) are fubjed to paf- " fions and partialities , whereby they may be tranfported into overhard in- '' jurious Courfes : Which Coniidcrations may fometimes excufe , though '' never juftifie the railing and evil fpeeches of men, who have been fo pro- ''voked-, it being a true rule, Thatwhatfoever gives ftrength and inforce- " ment to the temptation in any fin, doth necelTarily imply an abatement " and diminution of guilt in tiiat fin. But to (lander and difgrace the Laws '- and Government , is without pofsibility of any fuch excufe, it being a '' fimple ad of a malignant Will , not induced nor excited by any outward '' provocation: the Laws carrying an equal and conftant refped to all, ought ' to be reverenced equally by all. And thus he derived the Proofs and In- ' forcements, upon the tirft Article of the Charge. *' The fecond Article he (liid contained three Claufes. " I . That thefe refufers had offended againft the Law of God. " 2. Againft the fupreme Authority. " 5. By fo doing, were become guilty of Impiety, Difloyalty, Rebellion, '' Difobedience, and lyable to many other Taxes. "■ For proof of all thefe (lie faid) he needed no other evidence then what " mi^lu B D Hijtoricai iolUB'tons, D "might beeafily drawi fi-om thofe places which he had read already •, for " what impiety can be greater, then to contemn the Law of God, and to pre " let humane Laws before it < what greater di{loyalty,rebellion and difobedi '* ence,then to deprefs iuprtmeAuthority,to tye the hands and chp the win^s '*of Sovoraign Princes -i Yet he defired their Lordlhips patience in hearincr '' fome few other places, wlierein the Stains and Tainc,which the Doftor en- ''deavored ro lay upon the Refulers, might appear by the odioufnefsof " their comparifons, in which he doth labor to rank them. "The firft Compariibn is with Popilh Recufants •, yet he makes them '' theworftol the two, and tor the better refemblance, gives them anew '' name of Temporal Reculants. '' For this he alledgeth the i . Sermon, Page 31,32. and part of the fifth " Conllderation, by which he would perfwade them to yield to this Loan. " Fifthly, Ir they would conliderwhat advantage this their Recufancy in " Temporals, gives to the common adverfaiy , who for difobedience in '' Spu ituals , have hitherto alone inherited that name : for tliat which we ''our felves condemn in them for fo doing, andprofefs to hate thatReli- "gion which teacheth them foto do, that is, to refufe fubjedion unto '' Princes in Spirituals •, the fame, it not worle, fome of our fide now (if ours *' they be) dare to pradife. '' We muff needs be argued of Icfs Conrcience,and more Ingratitude both " ro God and the King , if in Temporal things we obey not : They in Spi- '' rituals deny fubjeftion , wherein they may perhaps frame unto themfelves "fome reafons of probability , that their offence is not fohainous, if we " in Temporals ihall be fo refradory : what colour of reafon can we pofsibly '' finde to make our defence withal, without the utter fliaming of our lelves, '' and laying a flain which cannot eafily be waihed out , upon that Religion '' which his Majefly doth fo gracioufly maintain, and our felves profefs < " Thefecond Comparifon is with Turks and jews, in the 2. Sermon, "Page 47. What a Paradox is, dff. What a Turk will do for a Chriftian, "and a Chriftian for a Turk, and a Jew for both, ^c. the fame and '' much lefs Chriftian men fliould deny to a Chriftian King. '' The third Comparifon is with Corah^ Dathm and Ahiram , Thctcdai and '' ^ttdas^ which is taken out of the fecond Sermon, Page 49. where he labors " to dei^ru'e thole refufers of all merit in their iufferings for this Caufe. '' Corah^ Dothan and ^^/;vjw , v\'hom for their murmurings God fuddenly '' lunk into Hell fire, migiit as well alledge their fufferings had fome refem- " blance with that of the three Children , in the Babylonian Furnace •, and " Thcndas and '^luUs the two Incendiaries of the people in the days oiCxjars '' tribute, might as well pretend their Caule to be like the Maccabees. " Thus he ended the fecond Article of the Charge , upon which he faid '* were imprinted other two ot thefe fix Characters of malice formerly vcn- ''ted: That is, a wicked intention to increafe his Majeftics difpleafure a- " gainft his good Subjcds (o rctuling , and to alienate his heart from the r eft "ofhisl^eople: Both which were Points fo odious , that he needled not to " adde any further inforcement or illufli-ation. '' The third Article conteined three Claufes. '' I . That Authority ot Parliviment is not necefTary for the laifing of Aids, " and Subfidies. '' 2, That the flow proceedings of fuch AfTemblics , are not fit to fupply ' the urgent necefsity of the State That Parliaments are apt to produce fundry Impediments to the juft and difcontent, " For cc "defigns of Princes, and togive them produce fundry Impedime n occafion of diipleafure ai Cl a a o -" o DO 60J 4 Carolt. (5o8 hifiorical Co/leHions, j;i. 1628. " For proof ot" all which he alledged two placts , conteining the two firft '' of thofe fix Confiderations, which are propounded by the Dcdor , to in- '• duce the refufers to yield to the Loan in the firft Sermon, Page 26, 27. "Firfr, ifthey would pieafe to confider, that though luch Aflemblies as "are the higheftand greatcft Reprefentations of a Kingdom, bemoftSa- " aed and Honorable , and Neceflary alio to thofe ends to which they were " at firft inftituted : yet know we muft that ordained they were not to this ''end, to contribute any Right to Kings, whereby to challenge tributary A " Aids and Sublidiary helps, but for the more equal impofing, and more eafiei " exading of tliat which unto Kings doth appertain by natural and original '' Law and Juftice , as their proper inheritance annexed to their Imperial " Crowns from their Birth . And therefore if by a Magiftrate that is Su- " preme , if upon neceisity , extreme and urgent, fuch fubfidiary helps be '' required , a proportion being held refpedively to the ability of the per- " fons charged , and the fum and quantity fo required furmount not too re- '' markably the ufe and charge for which it was levyed , very hard would it *' be for any man in the World , that fliould not accordingly fatisfie fuch " demands , to defend his confcience from that heavy prejudice of refitting eve- the Ordinance of God, and receiving to himlelf damnation •, though " ry of thofe circumftances be not obferved , which by the municipal Law "is required. ''Secondly, if they would confider the importunities that often may be " urgent, and prefsing necelTaries of State , tnat cannot ftay without cer- '' tain and apparent danger , for the motion and revolution of fo great and " vaft a Body as fuch Aflemblies are , nor yet abide their long and paufing '' deliberation wlien they are aflembled , nor ftand upon the anfwering of " thofe jealous and over-wary Cautions and Objections made by fome, who " wedded overmuch to the love ot epidemical and popular Errors , and bent " to crofs the moft juft and lawful defigns of their wife and gratious So- "veraign-, and that under the plaufible ftiews ot fingular liberty and free- " dom, which if tiieir Confcience might fpeak , would appear nothing '' more then the fatisfying either of private humors, pafsions, or purpofes. " He laid he needed not draw any Arguments or Conclufions from thefe " places •, the fubftance of the Charge appeared fufficiently in the words '' themfelves , and to this thiid Article he fixed two other of thefe fix " Charaders of malice , That it is his wicked intention to avert hisMaje- '' fties minde trom calling of Parliaments , and ^ caufe Jealoufies, Sediti- ''ons, andDivifions in the Kingdom : which he fliortly intorced thus. If " Parliaments be taken away , Mifchiefs and Diforders muft needs abound, " without any polsibility of good Laws to reform them •, Grievances will '' dayly increafe without opportunity or means to redrefs them •, and what " readier way can there be to diftradions betwixt the King and People , to| '' tumults and diftempers in the State,then this:" " And fo he concluded this third Ai tide of the Charge. " The Limitations whereby the Dodor had provided to juftifie ( or at " leaft to excufe) himfelt, were propounded to be three. " I. That he did not attribute to the King any iuch abfolute Power as "might be exercifed at all tunes, or upon all occafions, according to his '' own pleafure, but onely upon necefsity, extreme and urgent. " 2, That the fum required , muft be proportionable to the ability of the *' party, and to the ule and occafion. ' " 3. That he did not fay, T^^t the fubftance of the Municipal or Nati- " onal Laws might be omitted or negleded, but the Circumftances onely. "To Htftorical LolleEions. B D '' To thefe were offered three Anfvvers, the firft general, the other tu'O "particular. The general Anfwer was this, that it is all one to leave the '' Power abfoliite, and to leave the judgement arbitrary when to execute '' that Power; tor although thefe limitations ihould be admitted, yet it is '' lett to the King alone to determine, what is an urgent and preffing ne- '' cefTity, what is a juft proportion both in relpeifl of the ability, and of the " ufe and occalion •, and what ihall be faid to be a Circumftance, and what " of the Subftance of the Law; and the Subjed is lett without remedy : the "legal bounds being taken away, no private perfon lliall be allowed to ''oppole his own particular opinion in any of thefe points to the Kings *' Refolution •, fo that all thefe limitations, though fpecious in Ihew, are '' in effedl fruitlefs and vain. " The firft particular Anfwer applied to that limitation of urgent ne- '' ceffity, was taken from the cafe ot Normandy, as it appears in the Comen- " tanesofCw/wt'^crwK'iipon the cuftomary Laws ot thatDutchy: they " having been opprcft with fome grievances, contrary to this Franchife, '' made their complaint to Lcwi-s the tenth, which by his Charter in the '' year 1 3 14. acknowledging the Right and Cultome ot the Countrey, and " that they had been unjulHy grieved, did grant and provide that from " thence forward they Ihould be free from all Subfidies and Exadions '' tobeimpofedbyhimandhisSuccefTors, yet with thisclaufe, Si necejsitie ^' grand ne k rcqttirct : which fmall exception has devoured all thefe Immu- ''niaes-, for though thefe States meet every year, yet they have little or " no power lett, but to agree to fuch Levies as the King will pleafe to make " upon them. '' The fecond particular Anfwer applied to the limitation and diminution " of this Power, which may be pretended to be made by this word Cncimi- ^^ fiance, as if he did acknowledge the King to be bound to the fubflance of '•• the Law, and free oncly in regard of the manner ; whereas. if the places '' be obferved, it will appear that he intends by that word, the Afjcmhly of '■' ParltameritSyanda^ent of'the rtofle, fuch .Contribution which is the very " Subflance of the Right and Liberty now in queftion. "The C jcumflances ot Aggravation obferved to be annexed to this " Caufe were thefe. '' The firfl from the place where thefe Sermons were preached ; the " Court, the Kings ownTamily, where fuchDodlrine was before fo well ''believed, that no man needed to be converted. Of this there could be " no end, but either Sinioniacal, by flattery and foothing to make way " for his own preferment, or clfe extreme malitious, to add new afflidions '' to thole who lay under his Majeflies wrath, difgraced and imprifoned, '' and to enlarge the wound which had been given to the Laws and Liberties •' of the Kingdom. • '*• The fecond was from the confideration of his holy Fundion : He is a " Prcaclier of Gods Word •, and yet lie had endeavoured to make that "which was the onely rule of JufticeandGoodnefs, to be the warrant tor " violence and oppreifion. He is a Mefl'enger of Peace, but he had endea- " voured to low flnfe and diffenfion, not onely amongft private pcrfons, ''but even betwixt the Kin'^ and his I^eople, to the diff urbance and danger "ofthe whole State: He Ts a Spiritual father, but like that evil Father " in the Gotpel,he hath given his Children Stones in flead ot Bread-, in ftead « of Flelli he hath given them Scorpions. Laflly, he isaMinifler of the " Church of En?_Lwd^ but he hath aded the part of a Romiih Jefuit -, they "labour our deftrudion by diflblving the Oath of Allegiarice taken by the " People •■, 6op 4 Carsli. 6io Eifiorical CoUeBions, An. 1628. " People •, he doth the fame work, by diflblving the Oath of Proteftion '' and Juftice taken by the King. " A third point of Aggravation was drawn from the quality of thefe '' Authors, upon whofe authority he doth principally rely, being for the '' moft part Fryers and Jefuits, and from his fraud and lint ting in citing thofe '' Authors to purpofes quite different from their own meanings. "Touching which it wasobferved, that moft ot his places arefuchas " were intended by the Authors concerning abfolutc Monarchies, not re- '' gulated by Laws or Contrads betwixt the King and his People ^ and in " anfwer to all Authorities of this kinde were alledged certain paflages of a " Speech from our late Soveraign, King ^ames to the Lords and Commons " in Parliament 1 609. '' In thefe our times we are to diftinguidi betwixt the ftate of Kings in '' their firft original, and between the ftate of fetled Kings and Monarchs " that do at this time govern in Civil Kingdoms,&c. '' Every juft King in a fetled Kingdom is bound to obferve the paftion '' made to his People by his Laws, in framing his Government agreeable " thereunto, &:c. '' All Kings that are not Tyrants or perjured, will be glad to bound them- '' felves within the limits ot their Laws-, and they that perfwade them " to the contrary are Vipers and Pefts, both againft them and the Com- " monwealth. " It was fecondly obfer\'ed, that in the 27. page of his firft Sermon he '' cites thefe \\'ords out of Suarez, de legihtts^ lib. ^.cap. 17. Jcceptationem ''' poPuli non e(Jc conditioncm ncccfjaruim ex 'ui^itris naturalis aut gentium, " nequc ex Jure commnni •, the Jefuit adds, «f^»^ ex antiquo J^ure IlijpanU ^ " which words are left out by the Dodor, left the Reader might be invited " to enquire what was antiquum ju-s Hifpam^ •, and it might have been " learned from the fame Author in another place of that Work , that " about two hundred years fince, this liberty was granted to the People '' by one of the Kings, that no Tribute fliould be impofed without their '' confent :, And the Author adds further, that after the Law introduced '^ and confirmed by Cuftome, the King is bound to obferve it. From this " place he took occafion to make this ihort digreflion. That the Kings of " Spam being powerful and wife Princes would never have parted with fuch " a mark of abfolute Royalty, if they had not found in this courfe more " advantage then in the other, and the fuccefs and profperity of that King- ''dom, through the valor and induftry of the 5/'rtw/A Nation fo much ad- " vanced fince that time, do manifeft the wifedom of that change. "The third obfervation of fraud, in perverting his Authors, was this, " In the twentieth Page of the firft Sermon hecites thefe words out of the '' fame Sujrez, de legibpis^ li. ^.ca.i^ .fol. 5 00. Tribtita efje maxim nattfralta, " tjrpr^e je ferre ^^ttftitiam, qttia cxignntur de rebus propriis -, This he pro- '' duceth in proof of the juft right of Kings to lay Tributes. And no " man that reads it doubts but that in Suarez opinion the Kings Intereft " and Propriety in the Goods of his Sub jei5ts is the ground of that Juftice^ «' But the truth is, that Suarez. in that Chapter had diftributed Tributes '■ into divers kinds, of which he calls one fort tributum reale^ and defaibes " it thus , Solent ita vocari penfwnes quxdam qu^t penduntur regtbw , ^ '''' prmcjpibm exteris (^ agris^ qux a principio ad fttflentationem illis appUcata '•'fuermit.^ ipfi 'vero tn feodum alns eadonarimt juhcertapenfione annua, qux '^]ure civili Canon appellan \olet^ quia certa regula ^lege fr.ifcriptaerat ; So that the iffue is, this which 5«^rf2. affirms for juftification of one kinde ''of B D Hiftoricai ColleHtom. 6u B D " of Tribute, which is no more then a Fee farm of rent due by refer vation '' in the grant of Kings own lands •, the Dodor herein , woife then a " Jefuit,doth wreft to the juftification of all kinds of Tribute exadled by '' Impolition upon the goods of the Subjeds , wherein the Kin" had no '' intereft or propriety at all. '' 4. Tlie Lift aggravation was drawn from his behaviour fince thefe '' Sermons preached, whereby he did continue ftill to multiply and increafe "his offence, yea, even fince the fitting of theParliiunent , and his bein^^ " queffioned in Parliament •, upon the fourth of May laft he was fo bold " as to publilh the fame dodrine in his own parilh Church of St. Giles ■ the '' points ot which Sermons were thefe. " That the King had right to order all, as to him lliould feem good,witli- " out any mans confent. " That the King might require in time of necelTity Aid ; and if the "Subjcftsdid not fupply, the King might juftly avenge it. " That the Propriety of Eftate and Goods was ordinarily in the Subjedl : " but extraordinarily , (that is, in afe of the Kings need) the Kmg hath '' right to difpofc them. " Thefe Ailertions in that Sermon he faid would be proved by very <^ood " teftiniony , and therefore defired the Lords that it might be carefully '' examined, becaufe the Commons held it to be a great contempt to the "Parliament for him to maintain ^t fo publikely which was hereque- " ftioned. '' They held it a great prefumptioa for a private Divine to deb&te the ''Right and Power of the King, which is a matter of fuch a nature, as " to be handled only in this High Court, and that with moderation and " tendernefs ^ and fo he concluded that point of aggravation. " In the laft place he produced fome fuch precedents as might teftifie " what the opinion of our Anceftors would have been, if this cafe had " fallen out in theii' time •, And herein he faid he would confine himfclf "to the reigns ot thefirft three Edwards^ two of them Princes of great " glory -, He began with the eldcft, Wcftm, i.Ca.^3. " Bythis Statute 3. Edw. i. provifion was made againft thofe who lliould ''tell any falfe News, or devife, by which any difcord or fcandal may arifc '' betwixt the King, his People, and great Men of the Kingdom. " 27. Edrv. 3 . Rot. part. mi. 20. It was declared by the Kings Proclamation " fentinto all the Counties of EngUnd^ That they that reported that he '' would not obferve the Great Charter were malitious people, who defired '' to put trouble and debate betwixt the King and his Subjefts , and to ''difturb the peace and good eftate of the King, the People, and the '' Realm. '' "^.Bdrv.i, Inter novas ordinationes, Henry dc BeafKond hr giving the King 'illCounfel againft his Oath, was put from the Councel, and reftraineJ '' for coming into the prefenceof the King under pain of confifcation and " banifliment. '^19. Edw. 2. cLiufe Minidors. Commifllons were granted to inquire "upon the Statute of W. i. touching the fpreading of News, whereby " dilcord and fcandal might grow betwixt the King and his People. '' 10. Edn\ 3. clatijeM. 26. Proclamations went out toaireft all fliem "who had prefumed to report that the King would lay upon the Wools " certain fumsbefides the ancient and dueCuftomes, where the King calls '' thefe reports cxquifita mcndtiaa., err. qii.t: non tantum m pthUcini Lvjhmew^ ^'■fedm nojlrttm cediwt damnimt , & dedectts ma»ijejlt/w. 12 .EdnK 4 Caroli. 6\z 1 Hiftorical ColleBions, An. 1628. C( " ii.Edw.i.Kot. Almanui. The King writes to the Archbidiop oiCan- terhu)-^^ excufing himfelf for fome impofitions which he had laid, pro- " felleth his great ibrrow for it , defues the Archbiiliop by Indulgences ''and other ways to ftir up the People to pray^ for him, hoping that "God would enable him by fome iatistadorybeneHt to make amends, and '' comfort his Subjcds for thofe prelTures. " To thele temporal Precedents of antient times which werealiedged, he " added an Ecclefiaftical Precedent out of a book called PuplU ocult, be- " ing publillied for the inftrudion of Confeflbrs, in the Title Be fartia- '•'■ fantibm cum exconmumcatis,{o\. 59. AH the Articles ot Magna charta " are inferted with this direction, Hos arttculos ignorare non debcnt quibtts ^'■incumbit confefsioms audire wfrafrovinciam Cantuarienfcm. '' He likewiferemembred the Proclamation 8. ^ac. for the caUing in and ''burning of DodtorCwf/'s book, for which thefe reafons are given. For " miftaking the true ftate of the Parliament of the Kingdom, and funda- " mental conftitution and priviledges thereof : For fpeaking irreverently ''of the Common Law, it being a thing utterly unlawful for any Subje<5b '' to fpeak or write againft that Law under which heliveth, and wliich we '' are Iworn and refolve to maintain. " From thefe Precedents he colledled, that if former Parliaments were '' fo careful of falfe rumors and neus, they would Jiave been much more ''tender of fuclidodrines as thefe, wjjj^ich might produce true occaiions of " difcord betwixt the King and his People. '' If thofe who reported the King would lay IiDpofitions , and break '' his Laws, were thought fuch hainous offenders, how much more fliould " this man be condemned, who perfwaded the King he is not bound to keep '' thofe Laws :■ If that great King was fo far from challenging any right '' in this kinde , that he profefled his own forrow and repentance for '' grieving his Subjeds with unlawful charges : If Confelfors were en- " joyned to frame the Confciences of the People to the obfer v:ince of " thefe Laws, certainly fuch Dodlrine, and fuch a Preacher as this, would '' have been held moft ftrange,. and abominable in all thefe times c" " The thiid general part was the conclufion or prayer of the Commons, " which confided of three Claufes. '' Firftjthey referved to themfelves liberty of any other accufation, and " for this he faid there was great reafon, that as the Dodor multiplied his '' offences, fo they may renew their acculations. " Secondly, they laved to themfelves liberty of replying to his Anfwer, " for they had great caufe to think that he who fliifted fo much in offending, " would Ihift much more in anfwering. "Thirdly, they delire he might be brought to examination andjudge- " ment-, this they thought would be very important for the comfort of " the prefent age , for fecurity of tlie future againft fuA wicked and " malitious pradtifes •, And fo he concluded , that feeing the caufe had '' fh-ength enough to maintain it felf, his humble fuit to their Lordihips was, '' That they would not obferve his infirmities and defeds, to the diminution '' or prejudice of that ftrength. NOclongafta- the Commons, by their- Speaker, demanded Judge- ment of the Lords againft the Doftor-, who not accounting his fub- mifsion with tears and grief, afatisfadion for the great offence wherewith he flood charged, gave this Sentence. I ,T hat 'DwM.imvarmg Dodor in Divinity fliall be imprifoned, during the pleafure of the Houfe. '^ 2. That D E Hijlorical Qolkclions, d,5 B 2 . That he be fined one thoufand pounds to the King. 5. That he flnllmake fuch fubmilsion and acknowledgement of his of- fences , as lliall be fet down by a Committee in writing , both at the Bar and in the Houfe of Commons. 4. Tliat he Hnll be fufpendcd for the time of three years from the exer- cifeof the Miniftery, and in the mean time a fufficient preaching Mimfter fhall be provided out of his livings to ferve the Cure: This luipenfion and provifion to be done by tiie Ecclefiaftical jurifdidion. 5. That he ihall be hereafter difabled to have any Ecclefiaftical Dignity, or fecular Office. 6. That he iliall be for ever difabled to preach at the Court hereafter. 7. That his faid Book, is worthy to be burnt , and that for .the better ef- feding of this, his Majefty may be moved to grant a Proclamation to call in the faid Books , that they may be all burnt accordingly , in London , and both the Univerfities, and for the Inhibiting the printing thereof , upon a great penalty. T)oltor M-SLawSLrings/ubmi/sion was in thefe vpords - MAy it pleafe this Honorable Houfe , I do here in all forrow of Heart and true Repentance, acknowledge the many Errors and Indifae- tions which I have committed , in preaching and publiiHng thofe two Ser- mons of mine, which I called Religion and Allegiance ; and my great fault in falling upon this Theame again , and handling the fame raflily and unadvi- fedly in my own Pcirifli Church of St. Giles in the Fields, the fourth of Mjj laft paft. I do humbly acknowledge thofe three Sermons to have been full of many dangerous Paifages, Inferences, and fcandalous Afperfions in moft part of the fame ^ And I do humbly acknowledge the Juftice of this Ho- norable Houfe , in that Judgement and Sentence pafted upon me for my great offence •, And I do from the bottom of my Heart aave pardon of God, the King, and this Honorable Houfe , and the Church, and this Comanon- wealth in general, and thofe worthy Perfons adjudged to be refleded upon by me, in particular, for thefe great Errors and Otfcnces. Jioger MiWrvaring, Another Meffage was brought from his Majejlj hj the ' Speaker, Tuefday 5 of June. *'T_T Is Majefty wiilied them to remember the Meflagehe laft fent them, **ijL by which he fet a day for the end of this Sefsion, and he commanded " the Speaker to let them know, that he will certamly hold that day prefix- '' ed without alteration •, and becaufe tliat cannot be , if the Houfe entertain " more bufinefs of length, he requires them that they enter not into or pro- " ceed with any new bufinefs , which may fpend greater time , or which " may lay any Scandal or Afperlion upon the State-government , or Mini- " fteis thereof. SIi-/J<»^£r^P/'/7/;/'x upon this occafion exprefled himfelf thus: " I perceive " that towards God and towards man , there is little hope after our hum- " hie and careful endeavors, feeing our Sins ai'e many and fo great: Icon- " lider my own infirmities , and if ever my Paffions were wrought upon, Hhhh ''then 4. Car oh. Uidgemuit given agiifirt Dr. Mainva- wariiig. Ur, Manwa- ings fiibmif- fions. Another Mtflage from the King. Si I Robiic 1 hiliipb. 6ii\. Afi.i6zS. Sir John Elliot. SirDudly Diggs. Sir Nathan. Rich. Hifiorical ColleBion s. then now, this Meffage ftirsme up efpecially •, when I remember with I what moderation we have proceeded , I cannot but wonder to fee the mi- j ferable ftraight we are now in : What have we not done to have merited ? Former times have given wounds enough to the peoples Liberty, we came hither full of wounds , and we have cured what we could , and what is the return of all, but mifery and defolation < What did we aim at , but to have ferved his Majefty , and to have done that that would have made him Great and Glorious :" if this be a fault , then we are all Criminous : What lliall we do , fince our humble purpofes are thus prevented , which were not to have laid any afperfion on the Government , fince it tended to no other end but to give his Majefty true information of his and our dan- ger '! And to this we are enforced out of a neceflity of duty to the King, ourCountrey, and to Pofterity -, but we being Itopped, and flop- ped "in fuchmaner, as we are enjoyned, fowemuft now leave to be a Councel. I hear this with that grief, as the faddeft Meffage of the greateft lofs in the world -, but let us ftill be wife, be humble, let us make a {air De- claration to the King. ''/^Ur fins are fo exceeding great (faid Sir ^ohn Elliot) thatunlefs we fpee- " V_y diiy return to God, God will remove himfelf further trom us-, ye know " with what affedion and integrity we have proceeded hitherto , to have " gained his Majefties heart , and out of a necelfity of our duty were brought " to that courfe we were in : I doubt a mlfreprefentation to his Majefty " hath drawn this mark of his difpleafure upon us : I obferve in the Meffage ''amongft other fad particulars, it is conceived that we were about to lay '' fome afperfions on the Government-,give me leave to proteft,That fo clear '' were our intentions , that we defire onely to vindicate thofe diihonors to " our King and Countrey,c^f . It is faid alfo, as if we caft fome afperfions on " his Majefties Minifters, I am confident no Minifter, how dear foever, can- Here the Speaker ftarted up from the feat of the Chair , apprehending Sir ^vhn Elliot intended to fall upon the Duke, and fome of the Minifters of State-, faid, There is a command laid upon me, that I muft command you not to proceed : whereupon Sir ^ohn Elliot fat down. "T Am as much grieved as ever, faid Sir Dudley Diggs •, Muft we not pro- «1 ceed < let us fit in filence, we are miferable, we know not what to do. Hereupon there was a fad filence in the Houfe for a while, which was bro- ken by Sir Naihamel Rich, in thefe words : ''\ 7T 7E muft now fpeak, or for ever hold our peace •, for us to be filent " V V when King and Kingdom are in this calamity, is not fit. The '' queftion is, Whether we fliall fecure our felves by filence,yea or no^I know '' it IS )nore for our own fecurity , but it is not for the fecurity of thofe for " whom we ferve •, let us think on them : fome inftruments defire a change, '' we fear his Majefties fafety , and the fafety of the Kingdom , I do not fay '' we now fee it , and (hall we now fit ftill and do nothing , and fo be fat- ''teredc* Let us go together to the Lords, andftievvour dangers, that we '' may then go to the King together. Others faid, That the Speech lately fpoken by Sir ^ohn Elliot, offence (as they feared) to his Majefty. had given Where- B D Hiflorical ColleBions, 61^) W Hereupon the Houfe declared, 'Cfjat C\3CIV Q3cmbCC Of tlie ]t)oufc isi free ftom nnv imtJutifiil ^pcccij , from tiic bcsm' nino: of tf3c parliament totljnttiap; nna0,2Ocrct), Cl)nt tijc poufc be tiinicn urto a Committee, to confiDcr uiliat id fit to be none fo? tbc fafe= tp of tbc uinijoom ^ aiiD tbat no man go out, upon pain of going to tbc C^OlOet t But before the Speaker left the Chair, he deiired ieave to go torch ^ and the Houfe ordered that he may go forth, if he pleafe. And the Houfe was hereupon turned into a grand Commtctee, Mr. Whithj in the Chair. " T Am as full of grief as others, faid Mr. Wandesford-, let us recoiled our " J[^ Englilli hearts, and not fit ftill, but do our duties t, two ways are pro- " pounded. To ^o to the Lords, or to the King ; I think it is fit we go to '' the King, for this doth concern our Liberties, and let us not fear to make '' aRemonftrance of our rights •, we are his Counfellors •, there are fome " men which call evill good, and good evil, and bitter fweet : Juftice is " now called Popularity and Fadion, THen Sir Edrv. Cook fpake freely-, moderation that never was the liJ We have dealt with that duty and like, Rehus ficjlantibttijzhtx fuch a vio- " lation of the Liberties of theSubjed: •, let us take this to heart. In 30, "£.5. were they then in doubt in Pailiament to name men that mifled " the Kingc" they accufed ^ohn de Gaunt^ the Kings Son, and Lord Latimer, " and Lord Neuel, for mifadvifing the King, and they went to the Tower <' for it •, now when there is fuch a downtal of the State, fhall we hold oui- <' tongues < how (hall we anfwer our duties to God and men ■: 7. H. 4. Pari. ^^ Rot. numb. 3i,&32. w.H.^.numb. 13. there the Councel are complained " of, and are removed fi-om the King ^ they mewed up the King, and dif- " fwaded him from the Common Good ; and why are we nowretrived from " that way we were in <". why may we not name thofe that are the Caufe «'of all our evils < In 4. //. 3, & 27. £. 3. & 13. R.^. the Parliament " moderateth the Kings prerogative, and nothing grows to abufe, but this " Houfe hath power to treat ot it : What fliall we do I let us palliate no '' longer^ if we do, God will not profper us. I think the Duke of Btickin^ham <' is the caufe of all our miferies, and till the King be informed thereof^ we « fliall never go out with honour, or fit with honour here •, that man is the «< Grievance of Grievances : let us fet down thecaufes of all our dyfafters, « and all will refled upon him. As for going to the Lords, that is not via " Re^ia-j our Liberties are now impeached, we are concerned-, it is not '' 'Via Ri£fa, the Lords are not participant with our Liberties. cC TV/f ^.Sdden advifed that a Declaration be drawn under four heads.' " i.To exprefs the Houfes dutiful carriage towards his Majefty. 2. To " tender their Liberties that are violated. 3. To prefent what the purpofe " of the Houfe was to have dealt in. 4. That that great Perfon, viz.. the *' Duke^ fearing himfelf to be queftioned, did interpofe and caufe this diff ra- *« <5Hon. All this time (faid he) we have caft a mantle on what was done "laft Parliament, but now being driven arjiin to look on that man, let " us proceed with that which was then well begun,and let the Ciiarge be re- « newed that was laft Parliament againft him , to which he made an «' Anfwer , but the particulars were fufficient , that we might demand '' judgement on that Anfwer onely. Hhhh 4«. 1(528. Hifiorical ColleBions, Another Mef' fjge from cbe K. iiig to the Comoions. all thofe mlferies wAi the Vttke of Buckingham , which was entertained and Hf.fiiered with a chearfnl Acclamation of the Houfe , as when o^e good Homd reco^-jei s the f cent ^the re[{ come in with a full crj : fo they pirfued it^ und e'iery one cAme on home-^andUid the LUme where they thouyht the fault ipaSi'>*idasthey were Votinv it to the^uefl/on nheiher they fhrtdd n(ime him in their intended Re- mo>i(irance, the Sole or the Princ'tpAll catife of all their miferies at home and aLoad: The Speaker haying ieen three hours atf era jond with the King, re- turned with this Mefj'a^J^e'^ That the Houfe jhould then rife ( Uing aimt eleven a clock, and no Committees flould ft in the afternoon ) till to morrow nwning; what we fhall ex^eB this morning Cjod of Heaven knows. fVeftpall meet timely this morning' ypartly for the hufinefje fake, and partly Lecaufe two days pnce we made a/' Order, that iphofoever comes in after prayers, payes twelve pence tp the poor. Sir, excufe my haji, and let m have your prayers, whereof Loth yotty and we have here need : Soinfcribhngha^eJreft This 6. of June 1628. Affellionately at your fervice Thomas Alured. The Mcfiagc mentioned in this Letter of the 6. of June, is already before cxpreiied. Friday 6. June. Mr. Speaker IrirKS mother Mejjage from the King the day following. N my fervice to this Houfe I have had many undeferved favours from you , which I fhall ever with all humblencfs acknowledge , " but none can be greater then that tcftimonyot your confidence ycftcr- " day iliewed unto me , whereby I hope I have done nothing, or " made any rcprcfentation to his Majefty,but what is for the honour and "fervice ot this Houfe, and I will have my tongue cleave to my mouth , "before I will fpeak to the difadvantage of any Member ihcrcofjl have " now a Meffage to deliver unto you. I " Whereas his Majefty underlUnding that yc did conceive his laft !" Meffage to rcftrain you in your juft Priviledges, to complain of any of "hisMinifters, Thefe are to declare his intentions, that he had no " meaning of barring you from what hath been your Right, buton- " ly to avoid all fcaiidals on his Counccl and Adions paft , and that his I " Miniftcrs might not be, nor himfelf under their names taxed for their " Counfel unto his Majclly, and that no fuch particulars ilaould be taken '* in hand as would ask a longer time of confideration then what he hath " prefixed, and ftill refoves to hold , that fo for this time all Chriftcn- ' dom might take notice of a fweet parting between him, and his peo- ple : NA'hich if it fallout , his Majcfty will not be long from another " meeting, when fuch ( if there be any ) at their Icifure and convcni- " ence may be confidered. Mr. Speaker proceeded. "Iwillobfervefomewhat out of this Meflage, ye may obferve a " great inclination in his Majefty to meet in this Houfe. I was bold " ycftcrday to take notice of that liberty ye gave me to go to his Ma- " jefty. I know there are none here but did imagine whither I went , " 8c but th;u I knew ye were defirous and content that I fhould leave you, I cc Hijiorical ColleBions* 625 B *^' I would not have dcfired it,give me leave to fay,this Meflage bars you ! 4 Caroli " not of your Right in matter, nay not in manner , but ic rcaciit th to nis " Counceis palt, and tor giving Ijim Councel in tnoie things wiiicn he " commanded. It is not hi-, Majcftics intentions to protect any Abett<.r of ^'^ Spam. The end of this was taat we migl.t meet again I'weetJy and " happily. D The Houfe of Lords likemfe received this LMeJJage ty the Lord Keeper. ' IV /€ Y Lords, his Majtftic takes notice to your great advantage of the "1 ▼ _| proceedings of tnis houl'e upon the i.earing of hisMajeities mef- "lage yclkrdayiHc accounts it a tair rtfped: that ye would neither a j^ree " ot'any Committee , or fend any Melfage to his Majc fty , though it vvc re *' in your own hearts , but yeild your fclvcs to his MajdUcs MelTaoc, " and defer your own rcfolutions till you meet again at tae time appouit- " ed by his Majefty.Yet his Majefty takes it m cxtr^am good part to licar "what was in your heart, and efptcially tliai yc were fo lenhble of I "the inconvenience that might enfucupjn tne breach of this Pariijment. "Wliich if it had happened , or fhall hereafter happen,his Majdty af- " fures himlclfjthat he iliall ftand clear before G jd and men ot the uc- " cafion» " But his Majefty faith yc had juft caufe to be fenfible of the danger, "confidcringhovv the eftateoiChriftendom now Itands in rcfp>.blc ^uttojsi unto pour sJ^ajeftp^tl^atroiitoouir) be plcafcD to gibe a cleat anD fatif- factojp aufU)€t thereunto in tuU i^arliamen^ PP^ereunto the K'tn^ replyed. Thcanfwer I have already given you was made withfo good dc- itbt-ration, and approved by the judgements of i"o many vvifc men, that I could not have iinagincd but it fnould have given you full fatisfafti- onj But to avoid all ambiguous interpretations, and to (hew you there is no doublcnerteinmymeaning,! am willing to pkafureyou as well in words as in fubftance, read your Petition, and you fhall have an an- fwer that I am fure will pleafe you. The Petition was read, and this anfwcr was returned .- Soit droit fait comeil efl defirf. C. -A.- HuMajffties .eccnd Aniwtr tothePecition t fright. D grant- This lam fure (faid his Majcfty) is full, yet no more then I ed yuuinmyfirft Anfwer , for the meaning of that was to confirm your liberties i knowing according to your own Proteftations , that ye neither meane,nor can hurt my Prerogative. And I aflurc you my Maxime is. That the Peoples Liberties itrengthen the Kings Preroga- tive, and the Kings Prerogati\ e is to defend the Peoples Liberties. You fee how ready I have fhcwed my felf to fatisfie your demands, fo that I have done my part j Wherefore if this Parliament have not a happy conclufion, the finis yours, I am free from it. Whereupon the Commons returned to their own Houfe with un- speakable joy, and refolved lo to proceed as to expreffc their thank- fulncffc; and now frequent mention was madeot proceeding with the Bill of fubfidics , offending the Bills (which were ready) to the Lords, of perfecting the Bill of Tunnage and Poundage , and Sir John Strange- waies alio exprelfed his joy at the anfwer, and further added, Let us perfedl our Remonftrance ; King James was wont . to fay , He knew that by Parliaments which otherwilehecouldnc^er .have known. After the granting of the Petition of Right, the Houfe ordered that theGrand Committees for Religion, Trade, Grievances, and Courts of lu'^ice ,to fit no longer, but that the Houfe proceed only in the confi- deration of Grievances of imoft moment , And firlt they icW upon theCoramiffion for Excife, and fent to the Lord Keeper for the fame, who All Grand Comoiittccs (0 ceafe. 626 An. 1628. Hifiorical Colle&ions. who returned anfwcr that he received Warrant at the Councel Table : for the fcaling thereof , and when it was 5caled, he carried it back t© theC-aintel Table. The Commiffion being fent, it was read in the Houfe, ^/~. CHarles , 23p t!)C (^tflCC Of M J^OUfljOlD 5 Puilip fiacl OfMountgonuryXO^HCijambePlainof 0lir i^OUOjOlD, Thcophilus ^arl OfSutfolk, Edward d^acl of Dorkt, William ;lgacl of Salisbury, Thomas Catl of Exeter, John Catl Of Bridgwater , James Catl Of Carlille, Henry CartOf Holland , William Catl of Denbigh,George jEgiitl of Totnesj^re George HayKr^UcjD CtjanCellOJ of Scotland, William icari at Morton, Thomas jEatl of Kelley, Thomas CaclOf Mdiers, Edward mifcount Conway, one of out principal ^.cceta-- rie$ of ^Ute j Edward mifceuat Wimbkton, Oliver SItfCOUnt GrandiLn, Henrv Falkland }lC^DBcpUt^ Of Ireland ; CO t\)t JLOJD 25p.0f VVinLhefter,VVil.)L0^D15p.Cf Bath anU Wclh,FuIk ll0*Brook, Dudley All->,)L0JD Carlton,4Uce Ct)ambCllain 01 Our i^OUlbolDj!^!! Thomas hdmonds ^teafUtCC of OUC i^OU0;OiD, ^^t John Savil COH- UOht of )©UC i^OU(l):lD, ^it Robert Nanton #aftCt Of t\)t CoUCt Of UDatiis, ^ic John Cook oiic of t\}c principal ^taemits of ^t ite, ^ic Richard Wefton iCIjanccl-ouc, atiD unDcc CteafUwc of out: CiclKquer, Julius Cccfar ^^^a of ttje ISo.l^ , r.nli ^vc Humphrey May Kt. CijanCCllOUt Of 0W 3©UtCf)P of Lancaikr, C53t:cti^g» nabcreas tl)c vtd nt Coniunturc of tlje gcnetal ! a.Tairg! ot Cb^i(tenD:m , anO our om\ particular inUtt&An gi- mg afuftaucc unto our oppjiclfel) Mk^, anD foji pjotjiDiiig for ttje De= fence anD fa.ttp of our amn 5©ominion!a!, ann ^oplc, DotalUp^ on ia?> to nca!cct nothing tbi'.t ir ap conDute to tljofc gooD mOs^j IRnD bccauCc iJl9oatcfi ( tlK principal fim tojei of UDar , anD otic of t\n fird atiD cf^tcfeft moUeriS in all great )^^eparattonarc{Cooki and Mr.Selden were poficivcly to name the Duke as the caufc of our evils,for (o (aid they he nad. been al- ready declared in the hft Parliament, fince whui ttic caufes are multiplied , and he hath delerved nothing better of the Conimon- wealth. In this Debate there wanted not Mediators which ditl defire the Houfc for their own ends and happincfs , to be fparing in that kind. Sir Humphrey Mny^pnt them again in mind of the Kings delire, that aliperfonalaiperfions might be forborn, that his Majefty will ' take it as an argument of their moderation and judgment^ if they for- bear in this. Sir Henry Martin advifed that the Remonftrancc be fo framed , as to make it palTable to his Ma jellies judgment and affcdion : Let him be pcrfwadcd that it comes from a publick fence, and not Irom pri- vate ends. And he vindicated the Duke in point of Religion. 'Tis true, faidhe, his Mother is a Recufant, but never any thing more Srieved him , and never did a Son u(e more means then he to con- vert her , and he hath no power over her; and for his own Lady whom he found not firm in his Religion, he hath ufed means to confirm her. As for Armmians, I have often heard him proteft , and vow againft thefe Opinions. It is true, many that have skill therein , may have fome credit with him , and make ufc of his ncble nature for their own ends. One particular I know well, that fome Gentlemen and Preachers of great efteem were queftioned for a matter, wherein there was fome error in the manner , of which they were prefented ; I told him of them, and that they were queftioned , and he anfwered mc,he Would do the beft he could for to countenance them. Sir Benjamin Rtidyard gave his judgement , that ii the matter be ur- ged home , it will proclaim the mm lowder then we can in words. If we name cxcefs of Power, and abuieofPovver,it will reach to the Duke, and all others in future times : and to a Gentleman of honour nothing is fo dear as fenfe of Honour. I am witnefs, and do know that he did many great and good Offices to this Houfe. If the forfeiture of my \iic could breed an Opinion , that yc lliould have no occafion to com- plain at your next meetijig, I would pawn it to you. Nor let any man fay, it is fear makes us delift,we have fhcwcd already what we dare do. And becaufe the imployment of DMeer had given much of- fence. Sir T/;ow^yfy-m//zftood up in his defence, andfaidhe had given great evidence of his Truft and Fidelity. WhentheCount Palatine re- tired himfelf , and the Councel agreed to fend a Party under Count Mansfield to make a head, and the King fent word to the Palatine to be prefent in Perfon, DaUeer went along with him, with one more,and being in a Village in Germany, a Troop of fifty Horfe met them. Dalleer wentto the Captain and faid, we are in a Service, I will give you (o many crowns to condu(5t us , which was done j and Dalieer went along with him. In conclufion, June the 1 3 . it was Ordered upon the Qucftion , that the cxccffivc Power of the Duke oi Buckingham, is the caiife of the E- vils and Dangers to the King and Kingdom j And that this be added to the RemonUrancc. 629 4 Carol:. Si'. Job t Elli- ot. Sit Henry Mir- till. Sr Benjamin Ratiytrd. Sir Ttomjs Jirmiri. Kkkk X; At; 6':p Hijlorical ColleBions, An. l<52 8. Dr. Litnh Ud kil At this very time being June 1 8 . 1 62 8. Doctor LAmh^ fo called, ha- \'\x\<^ been at a Play-houlcjcame through the City of Lo«fl'o»,and being a pcrion very notorious, the Boys gathered thick about him , which increafcd by the acccfs of ordinary People and the Rabble j they prc- fcntly reviled him with words, calling him a Witch, a Devil, the Duke's Conjurer^ &c. he took Sandtuary m the mnd-xn'dl Tavern at the lower end of the OWy«?j, where he remained a little (pace j but there bein<^ two Doors opening to feveral Streets out of the faid Houfe, the Rout difcovcring the fame, made fure both Doors left he fliould efcapc, ' prelfed fo hard upon the Vintner t^ cnt(;r the Houfe, that he for and J A Letter to the Ci'V sluutDr. homhi D^*ath. Dr.Nn/,&Dt. LiuX ruipcfled I for Armiuiius, fear the Houfe lliould be pulled down , and the Wines in his Cellar fpoiled and deftroyed , thruft the imaginary Devil out of his Houfe, whereupon the tumult carried him in a croud among them, howting and Ihowting, crying a witch, a Devil and when they faw a Guard' coming by order ot the Lord Mayor for the rcfcue of him, they fell up- on the Doctor ,bcat him and bruifed him, and left him for dead j With much ado thcOtficers that refcued him got him alive to the Counter , where he remained fomc few houres, and died that night j The City of London endeavoured to find out the moft adive pcrfons in this Riot, but could not finde any that either could , or if they could , were willin'^ to witnciTe againft any perlon in that bufineffe. This happened to be in Parliament time, and at ihatinftancof time when they were a - bout the Remonftrance againft the Duke. And rtiortly after, fo high was the rage of people, that they would ordinarily utter thefe words. ^ Let Charles and George do what they can, The Duke lliall dielikc Doftor LamL What fine the City underwent for this mifcarriage , we fhall ob- fcrvc in order of time. Two days after the PrivyCouncel writ this cnfuing Letter to the Lofd Vlayor, Alderrnen, and Sheriffs of London. WHere^i ire are given fo uttderFland^ that hy the fury and outrage pf diiers dijjolute and diforderly perfons ajjemlled together in greaf mmlerSj without any refinance made ^or courfe taken to fu^prej^e them {hy the (JUsgijlrates to whom it appertained ) one Lamb wai ia a Larharotu Planner /laine and murdered 3 nheremth his Majefy having heen likewife made fic- qiiainttdj J.S he is very fenfiblepf the fcandal that may hereLy le cafl upon the 'Teate and Cjovernment of the Realme ingeneral, whe» the chief Ci^y thereof ^ '\ and where his own Terfon isrefident , fbould Ly theremifjnejje and negletf of Majiilrates , in tlxe Sxecittion of his Laws , fuffer a faH and mifde- me^noifr of fo high a nature tf be committed^ and to pajje unpunijhed , So he is very highly d/fvleafe4 thereat, and hath therefore commanded w in his name hereiy ^nightly to charge and require your Lordjhip y &c. thatwiti) all cart and diligence you do forthwith enquire out the principal AEiors and Abetters therein , and to caitfe ihm to be apprehended and committed to Prifon , and to be proceeded with, and pnnifl)ed in thefevereft manner , that by th Laws ef the Realme is provided a^i'nil offenders info high 4 nature. And fo^c. Tile Commons at this time voted tliat T>o&.otNedl Bifhop o^mnche^er, and Dr. L4«^ Bifhop ot 5^f/j and ;*'fi7y,be named to be thofe near about the B C D Hiflorical Colk&iom, A B D F I I theKing whoare fufpeftedtobe Arminians ^ and that they arc juftly fufpcdcd to be unfound in their opinions that way. The Houlc was turned again into a Committee concerning the Rc- xnonftrance. And Mr. Selde/i propofed that to the cxcelTivc power of the Duke fhould be added the abufe of that power3&: lince that abufe is the caufe ofthefe evils, that it be prefented to his Ma jelly to confider whether it be fafe for the King and Common-wealth , that a man of his power fhould be fo near his M ijtily, and it was ordered accordingly. All the parts ot the Remonftrance being agreed unto, iz was perfcded to be pre- fented to the King, being as followeth. ^ft Sjeat) ^0tjcs;cign,as! toiti) !)umble t^anfefuInelTc toe I pout Dutiful CommongnotoaiXcmblei) in ^itUament, Do acfenotolcDge t^c gteat comfoj^t isljtc^toeljaciem pour flt^ajeflicjsi piousf anti gracious; Difpofmoti , foixictbinli it a meet anD moft neccffacp Butp, being caUcDtjpvour^ajcHptD confuUauD aD= bifc oftbc great anD urgent aaairsoftb « Cljurclj, anu Common^ toealttj , finDingtbemattbi0time m apparent oaugec of rimu, ant) Oc?!ruction,faitbftUIipanD DmifuUp to (nfojm? i^;;ur il5rijfSp tJjercof , anD ttJitb blecDujg be»irt)e;anD 'cenDcD fence*];, to cra^e pour fpeeDplicDjicffctljerein, agtopouroajnujtrooiue (ufjto X^^itX) );y:iz molt l)umblpfubmit cur felbc0 anD ourocfires) fijn.U feememaft mcetar.DconDcnicnt. r©battbf multttuDc auD^otimp of pour ^ajefties! cnante^ arc abjoaU ? ro'jat be tbeir maU'ctcug; anD ambitious; enbj^ ? anD bo\xi bigtlant anD conHantli? inDu»!ri- oujB! tljep arc in purfuisig tbc fame ; iiS U)cll fenoixji to |?our gi^ajeftp ? 'CogetberiMitbtbe Dangers tbjeatncDtberebp to pmir n.crcb ^ec- fon, anD pour iiingUomes;, anDtbccalaimttcsi lotjicb babe alccafip fallen, anD Do Dailp encrcafeupon pour fricnDjef anD %\\izfi, of iBbtcb boe are toeU aOTureD pjur ^ajtUp \$ mo!! fcnfibie, anD bdillaccojDingtpin pour great ixjfDoine, auD toitbibegraiJe(!anD moft Mature Councel^accozDin^ to tbe eiigtncie of tl)e times' anD occafionai, pj^obiDe to pj^ebcnt anD bclp tbe fame* ^0 tobicb cnDtoemoflbumblp intreat pour ^?^ajei!pfir(l, anD c= fpectallv, to caft pour evc0 uoon tbe nuferable conDiti n of tbis rour oton feingDome, oflate fo ftrangelp toeaKeneD anD DcjetteD, tbKt unle(re,tbJougb pour ^t-ajcfticsimoftgraciousi J©ifDo!n,<15ooDncflre anD3!u(lice,itbefpeeDilpraireD to abetter conDition , it is; in no little Danger to become a fuDDcn ?&jtep to tbe Cncmieg; tbercof ; auD of tbe moft bapp)' anD flourilbtng, to be t\it mof! miferuble anD contmptibicjQationintbeUDojtlD^JntbeDtfcoberiesiof i»:iicb Dangers;, miftbicf0, anD inconveniences; ipin^ upon us;, U3C Do freeip pjotedtbat itis;farfcomo!irtbougbts( tola)' tbe lead afpcr*; fion upon pour facreD ^erfon , ojt tbe lealf fcauDal upon pour C5o* | Dctn iient ; f o? toe Do in allfinccritp of our bcarts; not onlp fo? i ourfclbf5,butin tbe 0amc of all tbe Commons; of tbe llealme (tobom t)3c repjcfcnt ) afcribe as! mucbDutp , as; a moa lopal anD affectionate people can Do, unto tbe bed laing, (foifo pou are, anD fo babe been pleafcDabnnDantlp to erp.tciTe pour f elf tbis? pjtefent ^arliamentb)>pour ctjcr p?efcrbc a t^anfeful mcmojp of y oat great gooDnclTc atiD JJuttice t^eccmj 3iuD toe Do bctilj'be- licbe,t^at all, 031 mod otttjefet^ing^tij^icl) li3c (ball noto pjcfcnt uiitoj'OutSl^ajeap, ate cttljerimUnotion unto j'ou, oj elfebj>fome of rout ^ajciticsi i>pmftei:S'OicccD imOccfucbfpecioas^pjtctcnccjs!, a^ mapl)ilietl)citototiillimcntion0,anD ill confcqucncc$ of tljem from pout sJlpajcftp* iSutiue affute out frluc^^acco^Umg to tbe goot) ejcamplcofj'out ia^aie(lic,s!^jiel)ece(lo^s;,notbiug can make j'OUt^ajcftp (bcmg attiifeanD jnUiciou^^jtmce , autiabolje all things Dcfiroujs!Oitl)cft)elf3te of pout people) moje in lobetoitlj ^atltam£nt;Stbctitl)t^, MiW) i^om of tbe pj^inctpal euDjSi of cal= ltngtbent,tbat tbfteiu I'out ^ajefty map be ttuelp iiifojmcD of }t!)e ^tate ofalltl)e febetaipart^ofpoatfemgUome, ant) l)Ot(j pout fi/iftcets! anO #mtfters! Dobe'oa^jctljemCelbes int^ettud tcpofcD mtljembp ?out ^.?aif(lp , to'oicb tsi ftatcc able to bemaDefenoton unto poU;but(aiBatUametit,a;s! wa^UcciatcDbp po«t bleffeli Jfa- tbet , ijoijenlje iuaiS plcafeOto puttbe Common!8!ni^atliamcntaf= (CmbleD in mintie, that it would be tlic grcatcll unfaithtulncflc , and breach ot duty to his Majcfty, and ot thetrult committed to them by the Ccunti'cy that could be, it in fctting forth the grievances of the peo- ple , and the condition of all the parts of this Kingdome from whence they come, they did not deal clearly with him,vvithout fparing any,how near and dear foevcr they were unto him, if they were hurtful , or dan- gerous to the Common- Wealth. 3In confiDencet^etefojcofpout #ajc(lieieigtaciousi acceptation in a mattct offo bigb importance, anD in faitbful Oifcl^atgc of out Duties •, mc Do fitft of all moft Ijnmblp befeecij rout ^ajeOp to tafee «otice,tbat botofoebettoe Unotjoj^out y^ajeftp,Dotb toitb pout foul abbo^tbatanpfucb t^ing QjoulObeimagineD oj attempteDj Pet tbcre i^agrnetalfeat conceibeD in pout people of fectet toojlitng autirombtnationto iuttoDuccinto tW feingbome mnobation anU cbauge of out bolp lieligion , moje precious unto ujs tbcn out libe^ atiD t))batebct tbiie^too^lD can atio^D^ 3llnD out feats: anb jealouOie^ l^eteinace notmectlpconjectutal, butatifing outoffucbcettamanO DifiEble effects! , ajs map bemonfttatc a ttue anD teal Caufe •, fo^ not= tottbftanDing tbe manvgoobauD boljoleCome l[Uto0,anb pjobi= (longimt^be to pjtebenttbe incteaCeof ^opetp tojtbtn tW feing= borne, anbiiOt\»it^!lanbiHg pout ^ajeaie$ mod gtacioujsl anb Cati$factozp anfoaetto tbc petition of botib^oufeisin tbat bebalfc, pjefentcbtopout iil^ajcftpnt Oxford. i©e finbc tbcte batb fol* lotoeD nogoob etecutionnoj^ effect, bmontbe conttatpCat to^iclj pout ^ajeftp outof tbe qu(Cfe fenfe of pout obon teligioujEl beatt cannot but beintbebigbcftmeafure bifplcgfcb ) tbofe of tbatEeli- ligion bo finbe etttaojibinatp fabo^s! anb tefpect in Court ftom |?et- ronsi of gteat qualitp, anb poijoet bobom t\)2^ continuallp tefo^t unto, anbinpatticulatto tbe<4tounten"c of Buckingham, tobobet felf openlp piofefling tbat I'vclig on iiS a fenoton faboutet anb fuppo^ tet oftbemtbat botbe fame, bobicb tMebJCllbopeb upon pour #a- jellies! 3Knftx)et totbe afojtfaiO petition at Oxford, (boulb not babe been permitteb , noj^tbat anpof pout^ajefties! Subjects! of tbat religion jump tobefufpccteb, (boulb bcentertaincb in tbe ferbice of pout #aje(lp , oj pour ropal confojt tbe ^mm, ^omc Itfec- feDtfe Hiflorical ColleBiom. 633 B D bDiTe of t^at licltgiott i^at}ei)8D!^onout:$: C^fScejSi, and placets of CommanD anD aiut^otitp lately cotifetccU upon t^cnu ^Sut tijat iwljicl? ftcifectfj t!je gr?ateft Xiim intotije tjearts^ ofponri-oj^al ^ubjcct^ ccnccnung tl)i;ai, i;e!,tljat Ucttcrja! 0: ^tapo?!cgai p^occeDingiS! againO: tljcinljalie becnpwcatcD ftomyour ili9ajcnp (b?ij)l|atmDircct meaner tocfenotwnot) Sdnti Coinmirftoiis uti= Der t^e great ^eale gtauteD anti epccutcD fo?. compoQt:on to be mabe txjittj^opilb litcutantjS , ijoitlj Jnnibitions -.M xtSXums botl) to tl?e Cccieuaatcal anO temporal Courts ano €>fftccr0 , to tntermebdie 'mVc^ tl^em> tx)!)tct)t0conceibeD to amount to nolele i\i%x\, a toleration, oDiou$ to (lt^cH, tuU of biC^cncur anb ertreaine DiTp?ofittop5ur iSl^ajcGp, cf great fcaubalani^gricfc to^our gooD people, anb ef apparent banger tat^epjtfent^tatc ofpouriO^a- iiSi'^, anb of t^ia ismgbome , tlj; ir numberia!, pouier, anb infolencp, bailp increafing i\\ allpart^cf roiir i^tngbomc, anb efpe«a|lj> a- bout London, anb tl)e;§>ubburb$tl^ereof-, i©^ere occeeOingmanp i'amiUeiS bo mafee t^eir abobc publiqnelp , frequent ^affe at Denmark l^oufc anb otijer places , anb tjp il^eir Oiten meeting |j anb conference^; , Ijabe cppo?iunitif0 cfcoinbintng t^eir CoimceijS, anb ^trengt^togetjgr, totl^rlbajarb ofj'oui; la^ajelliefl! fafetp, anbt^e ^t«te, anb mod efpeciallp in tljefe boubtful anb calami- tous! times. 3(lu45 ag( our fear concerning change oj fubberqon of Jaeligion is firounbebupoti tbebailp iucreafe of ^apiftis:, tlje open anb j:^Oiefreb;icn?miei3tljcreof foi tlje Ecarong fo^merlp iWentj- o»eb» ^0 ate ti^e Ijeaitia! cf j^our goob ^ubjectisf no leffc p/rplejr- cb,tol)cn boitljfo^rototlje^be^olb a batlp grctot^ atib^i^eabing of t^e facttoti of t^e 'ifirminian^! ^ tljat being,a;S pour Majeftr tocll lino\»0 , but a cunning toa? to b^tnigin^operp , anb tl)e p^ofcf- fojus of t^ofe opiuionjS , t^e common ciJlurberis of tlje ^^oteftant ^t)urcl)cisl, etUb inecn.b.arteie! \\\ tl)ofe ^itat^iaf tx)!jerei?i tl^ep italic gotten ^np ijcab, bcn^^ p>io^eftant;5 in (l)ii», but Jefuttc jS in opmi= on •, tjtjlci) caufeb psur iiopal f atl)2r b>itl? fo mud) piouiS ixiiCoom, anbarbent^ealc, toenbeai)0urtl)cruppjeffingoftl)cm ajaJ^ellat ^omc , as! in t^e mig^bour Countrc?^* 3(tnb i^our gracious Ma- jeft^imi: ting' Ijis! moil ixiojit^p ejcample , l)atl) oprnlp, anb bp^our ^coclamattonbiilarrbpounniaikeoftliofe perfong!, anb ol t^cir opinion's!-, t»t)onotbDitt)ftanbingare mucl)faUourebanb abbanccb; not bcanttng frienl^^ eben of tljeCl' rg? near to j'OurMajeOpjnamelj' ^OCtOJ NcaicI3in)3p Of Winchc(\er,anb j50Ct0;tLavvd,2Bi{|)0p0f Bath anb Wells, bo^o arc juaipfufpectcb to be unfounb in tbeir opi nion0 tljat iwap. anb it bemg noba gtneraUv ^elb tbe toap to prefer- ment , anb promotion \\\ tl)e Cl^urclj , manp ^riioirars! bo benb tlje courfe of tljeir ^'^tubies; to maintain tljofe Crjtojs!-, d)€ir B00U2! anb opinions! are faffereb to be pjiiutebanb publilljcb , anb ont^e otljer fibe t^cimpjmtingoffucbag! arc iwj^ittcn againft t^em, anbinbefence oftl)e€)jtt!)obo]C Cl^urcb, are binbjcb anb ^ol)ibitcb,anb (toljic^ig! abolbnelTcalmoaincrcbible) m% re= (Iraint or€>itboboc 25ooHs!,i)S mabeunbercelourofpourMajcftiejS fo?merlr mcmioneb^3ioclamation,tl)e intent anb meaning to^erof tocbnob5i»a0 quite contrary* 3nb further to encreafc our feareiS concerning UnnobationofUeligion, toeftnbettjatt^ere i^atl) been no fmal laboring to remote t^at bol)icl) \^ t^e moa pob^erful means! to 4 Car oil. 634 Hiftorical ColWions, A/1.162S. .] tfl ftcenst^cu anbencreafe outototi JaeUgion, awDtooppofcbotl) tiiofe, tDl)icl)i!S!tI)e Uiligcntteacljing anD infttucf ten of tjc people in tl)e true fcnojoUDge, anU toojfljip of 3tlmig!)tp <15ot)* Znti tt)crffoj^emcan$l)at)Cbemfougl)t outto Dep^eflfe anlJ Difcounte- nance pioujs, ar.D painful, anD £)3itl)otiO]c i^jcacHerji, anU l)otx) i conio^mab!e foe^cj;,anDp:aceable in tljeicDifpofitton anD cam=i age tijep be, r*tt^e pj^cferment of fuc'ais!DppofcD,anDir3ur gDOt) prcple CiMlicfe foul0uul) jaicafe toe btfeccljrour ^aje^ ftp to commfetate) are Iteptiti ignojsnce, anD are apt tobeca- fiip CeDuceo to tuo} , aitJfapctJlitton : 3jt Dotlj iiot a little alfo cncreafecucDinget^ anD fcnrg t-]t«( tx!av> , to unDcrftinD tlie mi- ff tabic f onDitbn of \Km BingDome of irda nd -, ^l)2t;e,'D3itbout con= ttolltl)^ ^opta^ ilieliffionis openlp confeffeD, anD piactifeD in e= Mtv part t!)itcof , ^BofjifljJunfBirtion being: tbete generally tx- erctfiDanDa\)m\D,ii#naaetJcg;, i^imnccie.^, ^^uDotljei: (upetfti- tiou0 i^ourc? nejolpe^cctei), 'r:e-eDtaeD anD rtp^cmil?:^ iDir^men anD ixjonien cffcbetal©pec!ef,ai{Din aplcntiiifi wmnn main tamcD at Dublyn , anD molt of iiie great Cotonjai, anD Dibecsf o= tljcr placciSof tl)cfeingD;)mc-, ix)i)ic5 of iwljat ill cc^'^'cqucnce it map p^cVse, if not fcufonablp repjeffeD, isnzlm'oz tn v'^\vc ^ajc= mcgit»ifOontc to JuDgc* 25ut moftbumblp befcccli rou (aja! toe alTure out fil^c0 pouMK to lap tlje fericws ccnfiDEfatir^nti^ete- of to pout ropsl anD pioii-x Ijeart , anD tl)at lome fpeeDp coucfe map be tafeen fo^telizc(rctt)ctcint :ainD it no\» toaUtWe pont#ajeap hjiil be pleafeD to aDDe tlje confiDetation of tlje circumftancejai of timc,t»beieintbefcccur^ fes; tenDing to t^eDefttuction cf ttue Ucltgion , liijf^fn t!)ci'crour IfeingDonieg: , Ijafee bcentafeen f^ne, eben tl^m tolien the famciiS iwit^open fojce auDbioleme pjtofetutiDinotbet CoimtrepjS , anD all t^erefoimcD i£l;urcl)e^ in CtjiiftcnDonie, eitljcr DepjeflfcD o^ mi- ferablp DiftredeD : mz Do Ijii nblp appeal uiuo pout £l^ajc8ics! p^tneeli> JuDgcmcnt, tol)etl)ct tijcte be not juft gjounD of ftare tl?ari]berei«{fomeft£tct auDfttong cooperating i)cte ixiitlj tbc e- nemffSof cutl^clgionabjoaD, fDjtt^euttct extirpation tbcreof? aiiD&l)ctt)ct iftbofe coutfejBi be not fp^tDilp tcDj^cffeD , anD t^e pjo:ffaouofttUE lacUgion moje enccutageD, ix)etanc]Cpcctnupo=« tJ^ttbutmifetp anD mine fpeeDilp to fall upon ug(? efpeciallp,if beCiDcft tl^c biftbleano apparent Dangerie! tobetclMitl^ toe atecom= paffcD aliout , Poll tooulD be plcafcD to remember tl)e Dirplea= fure o; Idlmig^ti? €oD, altoaps; bcntagainfttlje neglect of ^riS^o= Ip i^el:5ion,tl)e ftroafejS of tol]Ofe Dibine JIufttce l»e ijabe altea- hV felt, anD Do ftill feele toitl) fmact anD fojtoto in great mea= ftire. Mn^ brfiDe!E!tl)iie( fearc of Unnobation in iHeligion, toe Do in liUe fmtt)fu!Difcl)arge Of cut Duties, moft bumblj' Declare to pout ^©aiertp. tbatti^e^eartjsi of pour people are full of fcare of 31n= nobution ai;D cl)ange of Libet= tiejai B D Hiflorlcal Colk&ions, ticjS, mucij comfo^teD, antitaifcDagameoutOf tljat fatiucffc aiiD Difcontent, ijjlMCt) tljcr gcticram' i)ati coiiccibcD tljjougfjout t^e ijjljolc iiitjglsomc, fojtl^cuuDue courfos U)l)icl) iwccc t^e \m ^eac taken foj caifing of moncpg! bp loauc0 , tl^ii uoljicb (twbatcbcr rour iUBcijflfp l)atl) bctnitifo^iucoto ti\t contrarr) t^erc ijocic ne- ucranpmonep2Dtmsiu)cD,uoj paio baitb gccatic gn?f anD g^ uttal Dtaiiic of all ro^i^ /attftfiU i5)ubjccts •, tijougb man?', pattlp out of fcarc , aiiD pactlj' oiu of ot^cr rcrj)c'ct;si ( ret moft 1111^)1111:191^} iuccs i3iatx)« to pcclD to U)!;at' i»2;sf ce= flUiteD. tcbf BiUf tins oi'^oulDicrs! i3iD mud) augmcni boti) tbetr fears; aab grief, ixjlKCcin Iifee^aifc tljcp finDe muct) canuojit upcu p^ut; gcaciou^a! a»f wer to out petition of liigbt, auD to tljat boe picfcr.t= eOto j'out iTipajCftp concerning tl}i;s! particular. I^eti^e molt bu;n- bU'bcfeeclj iour#a cSj'.tbat U)c miiii' inroj^mc pou,tbat tat Ml B continuance, anDlate re entojicuigottbofc^ouiDicr;6!,tj);co»Di= ttongf of tbcir perrons (niauj' of tl):m not being ij^latibe^ of i\)\% &uigboine,nojoftberamc,biitof anoppofite iieiigion) t\z pla- cing of tl^em r.p3n tbe ^ca cToaft, lobcrc mafeing IjeaD amotigft t^emrelbes;, tbcp map unite MiitX} tbc popiOj partp at borne if occaaon ferbc, anD jopne bj.tb an inbabing mzm^ to bo ettrcamcmifcbicf^anb tljattbepare not j'ftbiXjmtTcb^botbft:!! muuftcr caufe Of ^,ei;loiific i\\ psur fobing ^uibject^ ■., jfe^ tbat tbc ^oulbier^ cannot becontinuebtoitboutejcceebing great Danger of ( tljc peaCianbfafctjJofi'CurKingbom. IJP^c repoit of t\]z llcange a.iD Dangerous! purpote of bangifig in German ijoifc aub iiiDetiS, booulD babe turrtcb our Doui)t3 in- to J):fpaire , auO our fear£$ into a certamtp of confuftoii , bab not rour^^ajedies! gracious; melfagc (fojb^ljic^ toe buJuMp gifcc roatbanlvs;) co;ntojtcb?i,5:bp tbe airuranrc of ^mt a oral boo^b, tbattbepn:itbet*are,no,ib)creintcnDcb bp pour Js^^ajcap, fojtanp ftrbicc in England; but tbat tQcp bocre DcfigncD foi fomc otber fo^rcigne employment* |i3et tbe ft^.bt of tbc l^j'bp ^.i:a'c br bobicbitfcemctb tljepbu^retobcleabicD, ttje great fumme cf mo. nep, bobicbuponc.caminations bae fount) ta be paiD k.% tbat pur- pofe, gabe us; juft caufc of feare , '5Lbatnu!i;i? about tbe fame time tbctc toaoaCommifTton unber {\)z e>im ^enigrantcDuntatbc }L02bs;)anb otbers! cf tbc pjtibr Councel , to conftDcc of otbcr i»?.rs; fo^raittugof moncps;, fo particularly bpiinpofitions;, gabc fi$ jua caufe tofufpcct, tbat tobatfocbcr toas pour Majcjlies; graclou-j in tention, pet tberebjantcb not tbofe tbat imber fome colonrnble pwtcncG migbt fecrctlpbp tbts, vs bp otber boApe^ , contribr to cbangctbc frame botb of lleiigisu aiib d^obernment, an^tbere- bp unbirminc tl^e fafet? of pour MajejJp, anb pour King- bomcsi I ^bcfentfu toulb not be igno^mt tbat tlje bringing in of ^tran- ! gers; foj aiD, banb t^atfucbpoiuerptobucctb notbmg but boeal( neffe , anb calamitp* 3tnb bae befeccb pouc Maeftp to patbon tl)e be^cmencie of our f]cp?cflloti, if iw t^t Hopalanb ?ealQUj3{ af fections; 4- Caroli. D Aih 636 \ Hijiorkd ColleBions. fcction^i toe bear to your £l^ajcft?anti pour fcrbicc, toe are bolt) to ticclarc to ronr ^^^a]cflp,anD tlje tx»i)ole toojlo,tl)at toe bolo it far bciieatl) tl)e bcart ofanp free €ngUQ) mantott)in(j,t!)at tbijS bi* ctojioiiSi^atiou fljoulDnoto ftann in neeb of German ^oiUDieriat to ucfeiiis tbcfr ooow King anD feitigbom. I5ut toljentoc toniVOer i\)z coLiri'efojmerI?menttoiieb,anbtbefe tbings tctibing to an apparent cbaiige of (ii^obcrnnicnt, tljc often tj;tracl)tj3i of parUainent, tobcrcbpi'our#ajcftp batb been Dep?i= Ibcb of tbe faitbfiU Couucel,anb free ^iDg; of your people, bptaUtng 'oi ^onn gc anU pouuDagc , toitbout grauut tbcrcof hv 3lct of paritamcnt, ebcrfince i\)z bcginnaig of roar sl^ajetlieisl licigne to tbt3 pjcfcnt, %\iz (lanbing ContmilTton granteD to tbc iDufee of Buckingham tobe general ot an 3rmp in tbe'/Laab iw tbe time of peac^, t\)z bifcbarging of fattbful anD fufficient i2)fficcr$ anO ^vMa%, romefro:u3iubtctal plarec;,anD otberg from tbe €;ffi- ceis aiib autbo.iities! bjbtflJ tbry foj^mcrlp be ID m tbe Common= tocaltbi t©e cannot tut at tbcfigbt offuclj anapparant bcfolati= on asS muftncceiTarili'foUototbcfccourR.sioutoftbeocptbof roj= ;ioto lift up OMr cryf0tobeajcnfo?bclp,anbnert unbcr oeob ap= ply our felbeg! unto your facreD 53^ajeay,tobotfyoucoulbberr fo inaiiytboufanDjBi fpeaMngtogetber^bojoyntly imploje fpeebte belp anb iiCiO^tiuation, 3tni) if your 09aje(ly tooulb be plcafeb to taUe a furtber bieto of tbe pj^efent ftate of yourEealme, r©ebobumbly p^aj? you to con^ fttJ:r, to'oetbcr tbeniiferablebtfaderei, anfiillfuccelTatJjat bati/nc^ companies all your late bifigaejS, anb a:tion0, particularli* ti)afe of Calcs, anbtbeJIfleofRccjanb t\iz lad erpebition to icochd , babe notejctreamiie toaftebtbat ftocfeofl^ono^ tbat toag left unto tbfjsfeingbome, fometimcs; terrible to allotber/i^ationisi, ano nobo beclimng to contempt bcncatb tbctneancft. \ ''Cogetbrr toitb our l^onourjs!, toe tbere loH t^ofe (aiiD tbat not \ afcto) tobo bab tbey UbeD, toe migbt babe fomc belter bopc of irerobcring itagam, ourbaliantanDerpert CoUoncl$, ^aptatneis I anb Commr.nDcr^s!, anb many tboufauD common ^oulbierjsf anb ^arriner5,^bougb toe babefomecaufc totbmfetbat your y^a- jcily tiS not a.'j vti rigbtly infoj* meb tbeccof , anb tijat of ftp oj feben tb-ufi^.iib ofyoiir^ubjfctslortattbejfle of Ree, Jlour #a)elly reccibt'b uifojtn^ationbut of a feU) bunDieDs^* %n(i tbiiS Oilbonour anb loffc batb beenpurcbafcb turtb tbe confumption of abobe a mil* lion of "Creafurc* ^^any oftbefojt£(are ercecbingtsca'.^ anb becaycb, anb toant betbmcn anbfll^unition* JKubbtrc ixic cannot but toiib gri-'f fon= fiber anb complaine of a ft range impjiobibencc ( toe tbinb your ^a- jcfly toili ratber call it trcacb? rie ) '^bat your ftojte of potober tobicb bp ojtjcr of your ^^i ty Councel.batf b tbe tcmb of Dca mbcr, 1626. (borlD be conftantiy tbjtcc bunbjeb )Laft, befibesi a continual fupplyof tbijcnty laft a montb fo: o^bihary erpenceia(,anb tocre noto fit(ais( tee concei\]e)to be boubl:" tbe p20po?tioa,»!8i at tbiis tinv in tbe Tower (tbe pjcfcnti^arrants! being ferbeb) but nine 3La(^3 anb fojtty eigbt pouiibsf \x\ all, tobicb i«e tremble to tbinfe of. 3IInD tbat | notb)irtjaanbingtbifl( ertreame fcarcityofpotober , great ciuanti- tie/sl^abebeenpermitteb to befolboutofyouc ^ajefticjaf ^to^iej to Hiflorical Colle&ionr, 637 B D 'fo particular pecfons^ fo? p?itjate c^atn^ UDIjereof toe ijatie fecn I ^caroU. a certtficate. ftc iLatt folD fttfjcnrc tl^e 1 4t^» of January laft , atiD ; pour #^jc(lie0 fto?c being imfarninjeD of poboDec, toijtcli bp a contrart maDcixntljMr.EvdynbraDbifcofi'ourXoiDSfm ^arlm* ment, ougljt tobefupplpcDmontbU'tottlj fuoentplaftattberatcof tbicc pouuD, ten rbtUiugS, ten pence a Barrel •, |3our ^ajcftp ^at!J been fozccD to par aboUe fcben pounD a ©.irrel fo: poiuDec to be bjougljt in from be^o.iO ^cas, fo? Ixjljicb purpofe ttuclbe tboufano foure^unDjeDpounD;8f ttja^f impjcffcD to Mr. Buriemack tfje tail pear, anotbatpotoDcrnot fogoooa;? tbntbp Contrart vmt iBa- ieftp (boulDljabe, bp one tftirD part ; ^f! i»l)icb are mol fearful anD Dangerous; abnfcsf. i3nttol)attbcpoi)ertp,ujeafencire, an) mtferp of ponrfeingtioinci^noU) giotun uiitobpDccap of CraDe, anD Deftruction , ano loffe of ^biP« ano #arrmec5j , iuitbin tljcfe tljjee pearjai ■■, i»e are almoft afcaiD to Declare 5 %m couID toe bp anpotbtr means babe been fure,tbat pour ^ajedp fl)milDanp otl^cr toap babe bab a true information tbcrcot,i©; fl;oulbbabe been bonbtfultol)abemaDe ouciJOunUneircanb cictreanutpofmif' fommt tn t!)i!5 UtnDe, to appear s But ttic importunate anb mod pitiful complaints from all tbe parts oftbefeingbomenearaDjopn^ ing to tbe ^ea in tljiiel ftinDe, boouID renO, a0 toe tbinlv , tbe ftonicft Ijeartintbe b30zH>tjjitbfo;rab.i, anb tbe fenfe toe bai)e of t\)£ mi- feraWeconbition pour KuigDomeis! tnbpreafontbcreof,efpeciaUp, fojtbat bos fee no poflTible means (being nob) fl)ortIp to enj tbiis hellion) boto to belp tbe fame, abDiSfad) abo?igb^ of 8?icf unto ourfaOtbtiugljt;Bi,afltb3cbabenotU)orD^to ecp^ciTe it^ 23ut fo,i pour^ajcfticismojceract infoj^matlon tbereiu; XBt beteecb pou be pleafeD to perufc tlie xalenDcr of particularjS tol)icb boi.b t^e i^emonftraBce, taz moft IjumbUe pjefent unto pour Ma- jeftic* ^netcafonamongft manp oftbtjaibccapof'Crabe, anb loffc of (bipjSaub MarrinerjJ ijai: t^enotguarbingof tlje narroto ;S).^a*, tbe tegalitp l^be'^fofPburMajeffiebatbno'a) in a manner toboUp loft, being tbatto'berein a principal part of tbe f)onoj anb fafetp of tbiiSJ Kingbomc betetofojie confifteb 5 3inb noto babing abfolutclp neglecteb it, tbe Coton of Dunkirk botb fo contiuallprobanb fpoile pour Subjects; , tljat toe can a(Turc pour Majeftp (if fome p^efent anb effectuallrcmebp be notfo^tbtoitij probiDel))tbe Uibole ^raDc of tbifi! Kingbome, t^e (bipping, marrincnei, anb all belonging tbcreunto , toill be utterlp loft anb confumcD. trbe ptinctpal caufeoftobicbebiljEianbDangetiEl.iXJe conccibeto bz tl)c excclTibc potBir of tbe Duke of Buckingham, aub tbe abufe of tb'itpoUJcr : ainb boebumblp fabmit unto pour Majcfttes! excellent UDifbome , l»^etl)cr it be fafe foji pour felf , q% pour Kingbomg;, tbat fo gjeat potoer a^refts; inl)imbp^eaanb]a.anb;(boulbbetntbebanbs!of anp one ^ub j e ct tobatfoet er ^nb as it ijfnot fafc , fo furc bje arc,it cannot be H pour ferbice, It being impoffible fojt one man to mannagc fo manic anb toetgljtie affaires; of tbe Itingboincas be batbunbcttal^en,bcfibci9itl)e Q%A binarp Duties of tbofe omce0 bjljiclj Ik bolDsf, fontcoftobicb boell perfojmeD, bjoulD require tbe time anb innuttrp of tbe ableft men | botlj of Counfel anb :jliction, tbat pour to^ole Ifcingbonte toill: U-m affojD,'; 638 Hifiorical ColleBiom, An.\6i^. The Speaker appoincedco deliver the Re- monfiiince. Order inStar- Chaoibei con. cerning the Duke. affoa2D,efpcciaUp in tljefc timciBi of common Danger* ant) out !)iunble Dcftcc i^ futtl^cc , tljat vmx moft exccUfnt ^ajcftv totUbc picafeD to tafee into pour i^j^incclp confiDctation, tol)ctl)er in tcfpcct tl)c faiD 5DuUc^at!) fo abufcD 1)10 potoct, it be fafc fot pour iQpajGftp anti pour iaingl)om,to continue l)im ci- ther ixi W g«at Offices!, oj in ^i$ place of nearnef^ anD Coun- cel about j'Oiir facrcD ^erfon* 3i;D tl)Ui3! in all Ijumilitp , aiming at nothing but t^c Ijonout of :3ilmig^tp(l5oD, anbtljc maintenance of IjijS true licligion, tbe fafctp anD tjappineCs of pour moll crccUcnt 5l^ajeflp , anD t^e pjeferbation anD pjofpei;itpoftbt<3!Cl)urcl3 anD Commoti-lBcaltl) ; voz iiabc cnDeaboiircD taitl) ftutbfull l)eart0 auD intentiotigi, anD in Difcbarge of tl)e Diup i»e otoc to pour ''j, and he himfelf fcrved with the fame fauce, and that the Earl oi Somerfet and others could fay much to this. . 9. That he himfelf had a Cardinal to his Uncle or near Kinfman, whereby he had great intelligence. \ LIU 2 About' ^39 Caroli. TheOuIcede- liris to c.'care himlelf con- cerning I'ome Words. 640 Hiflorical ColleBions, The Comif- (ion for Excife cancelled. Ut.Sddcn concerning Turin gc and Poundage. About the fame time the Lord Keeper reported to the Houfc of Lords what his Majefty faid , touching the Commiflion of Excife. That their Lordfhips had reafon to be fatisfied with what was tru- ly and rightly told them by the Lords of theCouncei, that this Com- miffvon was no m^rc but a warrant of advice, which his Majefty knew to be agreeable to the time, and the manifold occafions then in hand,, but now having a fupply from thcloves of his people, he cftccms the Commilfion ufelcfs j and therefore though he knows no caufe why any jcaloufie fhould have rifcn thereby, yet at their defircs he is con- tent it be cancelled, and he* hath commanded mc to bring both the Commilfion and Warrant to him, and it ihall be cancelled in his own prefence. The day following, the Lord Keeper reported that his Majefty had* cancelled the Commiflion,and the Warrant for putting the Seal there- and did there openly fnew it, and a Meffage was fent to the A unto, In all the Bills of Tunnage and Poundage £Uz. and but for that TheComnions Remonltrance of Tunnage and Poundage. Commons to l"hew them the faid cancelled Commiflioh and War- rant. The Commons refume again the Debate upon the Bill of Tunnage and Poundage •, Whereupon Mr. Selden faid , Whereas the Kings Councel objected, that i. £liz>. faith,Itwas Granted timeout of mind to the King, I fear hisMajeity is told fo, and fomc body doth afcer- tain him lo ; But we may clear that, for not only i . £/zi. but alfo in the Statute of i. ^ac. the word timeout of mind is. That whereas H. 7. and ether his Majeftics Progenitors have had fome Subfidy for the guarding of the Seas, And that there was never a King but had fome Subfidie, inthatfcnfc it is indeed time out of mind. Yet is it a matter of free gift .- for publique Bills the King faith, Le %py fe zeult, for Pe- titions of Right, Soit d/aitfait come e(l defire. For the Bill of Subfidies it is thus, the King heartily thanking the Subjects for their good wills " ■■ ■ - - is the very fame Anfwer, fave one, which was 1 only miftake of the Clerk, it hath ever the fame affent as the Bill of Sub fid ie. Upon this Debate it was Ordered that a Committee be appointed to draw a Remonftrance to his Majefty, of the peoples Rights , and of the undue taking of Tunnage and Poundage , and Impofitions , without ' A6t of Parliament, and to lliew the Reaions why the Houfe cannot in fo lliortatime prepare that Bill. The Remonftrance was as followeth , MOft Gracious Sovereign, |l0W SI? ajf aWlBi lltOft )Lo?al fttlD 23uttfiU Subjects;, tjc CommoniS in tfttg; pjefcnt l^arlias mcnt affcmblcd , being in notlrng mojtc catefnl, t^en of tijc i^o* no? miD i^?ofpctttpofpouc#ajcftic,anD t^kingliom,ttrt)rei)tibe? fenotx) Ho nnirlj DepcnD upon tijat Ijappie imion, anU relation be- VmxKi pour fil^ajcfticanD pour people, l)o MH\ inucl) fojrobo ap- pjctjenb, tljat bp reafon of ttie iuff ctaintic of tljeir continuance togctbcr, tbe uneipecteD interruptionief toljicl) i^abe bcfncaftBp- on tbcni, anil i\)t IboitncfjB! of time in lo^iclj j^our MajeCie Ijart treterminctito enD tw ^e(Tion, t^p cannot bjing to jnatutitie anD perfection, Dibers; bufineaeisof toeig^t,tD^c^t|ey j^atjetaften into B Hiflorical Colle&ionf. B D into tt)m confOJeration anU tefolution,a0moa impcjtant foj the commou ci?"*oD ■, Tllmon^ otpec t\)in^si t^cpljabc tnfecn iwtoefpe- ciai cate tlje preparing of a 25iU, foji t^c dSjiantmgof vomma-- )t(tw (Ucl) a ^ubfiDie of 'Cunnageanti }doimDage, a^ migljt up^ Ijoio j^ouc ^jofitr.no Uebcnucui as ample a mauiicc, ais tljeic juft car. auD tifpcct-t y:taDc ) ujljcrcm notonlpttjc }3jtorperitjj, butCLien tt)e Xife of t!)c liingoom Dot!) confix ) t>>oiUD penntt. 23ut being a uooife t)Lit)$ci) a.m require mucij tune, aaD picpara- tion bj7 conference ix)itt)ji0i;r f^mHits QiQax^,^ mil) tin i^n-^ cljantsnotcnU' of London, but of otijcr remote partiS, tly^v finD it not poiTi jle to be accompUfljiD at tijts time •, aDlicrclo^e conaD.ring It ujiil be ir ucl^ moje v} juDiti^ I to i l)e rigt^t of tl)c .%ubjcct,if rs: ur ia^«)cfti? ll;oalij conanue t3 receibc tlje fame i»;tl}c«t 3fut^o?itp of ^auj, aituttjc Dctcrmmation of a ^eHian, t\)m if titer: tjaD been a i^ccjfjg! bp ^iDjournment onlp, J,n toljiclj cafe tljat intcnD- eD r'^mt iMOu.D l)ai3C rtlateti to tljc firft hnv oltlje^Sarl amenta 3lnli aaurinj tl)cmfclbe0 tljat JJour ^ajeftie is refolueD to obferbe ti)at |3cur iioyal ^tnfooer , tol)ic^ ^ on l^rsbc latelp mnDe to t^e ?Betit'on of iSig'ot of botl) l^ourejS of ^acUament ; Pet Doubttng Icafl l^our fll^ajcftie map be miftiifvjtjncD concerning t^'js particular cafe, as ifpoumigl)tconnnue totafeettjofe ^u!j= fiDtes of ^immi^z auD ^BoimBage, anD ott)cr limpsfittonjg upoa ^eccljants, twitfjout bjeafeing tlmt Zniwtv, tl)(,v are fo?= ceb bp fl^at Dutie iJ)l]ict) ttje^ otoe to ^ourMajeaic, anbtotljcfc tXJtjom tljep repjcfentjto lieclare, Thar there ought not any Impofi- tion to be laid upon the Goods of Merchants, Exported or Imported, without common conlcnt by Ad ot Parliament , which is the right and inheritance of your Subjeds, founded not only upon the moft Ancient and CViginal conftitution of this Kingdom, but often confirm- ed and declared in divers Statute Laws. 3n; foji ti): bitter nmnifeftation tli?rccf,map it pleafe Pour MMjefte to nnDerfliiib, tljat aitljoug^jpouj: I'iopal ^l^zeDeccfTo^S t^e ^feings; of t?)i$ liedm ijibe ottcn i]aD fuc^ j^ubfiDies; , an^ jmpr.fjttoii$ (ffiiian tD unto tl)cm, upon Diucrsi occaftonia; , efpeci- aUr foj t^c Q[uacDing of tlje ^cas, anD fafeguarD of McrcijantSi pit tic Subjects l)\\3e been ebcr Ctitcful to ufc fuel) Cautions, anD jLimitaions m tUofe d^jtants. as iiur,l)t pjeaent anp claim to be mabc, tl)at fuc^ ^ubfiDies Oo pjtocecD from Dutp , anD net from tl^e free gift of tl?e Subject ■, ^nD tl)at tl)tp l}aUe ue-:cto= fojteu'eo to limit a tune in fu:l) uD?.auts, anD foui)e molt part but lljo^t, asfoj^ a pear otttx)D, anD if it Ujere continneD Icnger, t^r babe fametimeSDiccttcD a certain fpsceof Cefration,oMnter- mifiion, ttjat fa tl)e rigl)t of tl)e fubjcct migltbemo^iecciDent* 3[t otbcr times it Ijatlj been (JSjasiteo u'jon occarioii of naar, foi a ccrtamnumber of pe.tts toitl) Provifo, tb?«t ift()ei©ar tocreenocD ot tbc mean time , tijni tl)c S^^nt tboul^ wafc 3t'nD of Courfe it batb been fequrftteD into t^e ba.^Ds of feme ^irbicfts ta be implopcD fo^ tl)r guarDing of tlje ^en?* "^nD i \ iS acKnoiMlcDgeD bp tl)e o^Diaatp 3Bnfa>crS of paur Majefties ^jeDeccffojs intt)m mtxvt to tlje »ai$ of ^ubaDieS of 'Cunnage anD pounDagc , tljat it is of t^ nature of otbcr ^ubfiDicS, piocecDing from the gooD toiU of tl^e Subjects Berp feuo of pour l^jcDeceffoiS ijaD 641 4. CarolL 64' iiijlorical Colle&ions. An. 1^28. Mr. Noy. l^aD it foj life , urttill t\)z ^cign of h. 7, toljo toais fo far from ifoaccitiing Ije l)aD anpcigt)t tljctcimto. ^Ijat aittjougtj^egjiant- cD Commifftoiia; foj collecting certain DutieiBfanD Cuftome^Dueb? \Mi», ^ctl)cmaDcnoCommifton$toi reccibin^^ tl)e ^ubftHie of /^unna'^c aiiD pounJ)a3e, uutiUtI)cfame maggrantcD unto bim 1 \\\ ?5.^rliament» ^mce l)i3 time ail tl)e Kmgie; auD iDuecn-s of ! i t^iisf lae aim baije IjaD tlje liUc (©zasit^ {q% life bp tije ftec iotse anD ] IgooD totUoftl)e^ub)ect0»'.nganp unpoattou0cjo£ber Cbargcs upon tbeir j gbob^ anD Mcrcbanbifcs toitiout autbozitp of iLato (tobicb batb 1 been tcrp I IDom) Pet upon ccinplaint in ^atUaincnt tucv babe j I been fo.UiUut'o reiicbsb, fabing intbe time of pour llopal jfa tbcr. ix>i)o l)abing t!)^ougl) ill Councel raifeD tlje liatcs; anb| 1 €l)aigc$ upoaMcrcbanbifeiS totljatljeigbtattolj'cb tbcpnoto are, I j^et be i»a0 pleafeD fo tar fojtl) ta piclD to tbe complaint of t)ia! people, ajs to offer, tliat if tbe baliie of tljofe Jmpafttionsf iw^ic^ be l5at) ftt mtgbtbemaDe gootJ unto l)im, i^etooulD binDe^im felf anbbiis! l^eirsi b? 3lct or i^arliament neber to lap an^otber-, n^bicb orfer, tbe Commonisi at tbat time i\\ regard or tbe great fcurbcn , biD not tl)mU fit to inclU unto, i^ebertbclefs, J'oiir ilo?^ all Commons in iW ^Sarliaiuent , out of tbetr efpecial jeale to your ^erbice,anDefpeaalregarbofi'Durpjefring occafion^, babe taUcn into tbeir confibrration, fo to trame a C^^ant of ^ublibie of tirunnacre arsD ^omibagctopoiit Majefljjjtbat bctbmnnigbt ^abc been tbe better enabled foj tlje defence of pour liealm, and pour ^ubjcctis, bp being fecure trom all undue Cbargesf , be tbe moK incouraged cbearfullr to proceed in tbeir rourfc of Crade-, bp tl)e mcreafc uobcrcof pour jJl^ajeltics ^joflt , and lifeeUiife t^e ftrcngtb oftbefemgdombjoiUd be berp mucb augmented* \ 25ut not being no^oj able to acccompiil!) tbi0 ttjeir deCre, tl)erei!3ino coutfe left unto tl)em,toitbout man;feft bjieaclj of tbeir ;dutp,iio:bto pour a^ajeftp and tbeir Countrep, fabe onelpto maUe tl)iS! l^nmble ^declaration , That the receiving of Tunnage and Poundage, and other Impofitions not granted by Parliament,is a breach of the Fundamental Liberties of this Kingdom, and contrary to your Majcibes Roval anfwcr to the faid Petition of Right.3nd tlKl^cfO^Ctbep d9 molf l)umb!p befcecl) pour fa^aieftp to forbear anp furtl^er tecicbing of tlje fame, and not to tafee it in ill part fromtbofeof pour ^ajeflieiB! lobing ^ubjectiS, tobo ftall refute to mabe pap- ment of anp fuel) Cbargejai , bait^out i©attant of Xato De- manded. 3nd aisibp tljisi forbearance, r our mod ercellent ^aieflp (ball manifeft unto tlje boo^ld , pour llopal Juftice in tbe obfetba= tien 8f pour Xatojat: ^o,tbep doubt not, but bereaftcr at tbe time appointed fot tl)eir coming again , t^ep (ball babe occafion to ejrpjtefsi tljcir g?eat defire to adbance pour Majeftieisf l^onoj and )d^o6t* MR. Nb) after the reading hereof, moved the Houfe tbat his Ma- jefty mi?ht be requeued , that the Merchants might fhip their goods without a CocketjOtherwifc they do forfeit their goods. June B D Hiftorkal Collt&iom, B cc June^6. The Speaker bcin^ fent for to the King at fyhaekuil came not into the Houfc till about nine a clock. And after Prayers the Re- monftrancc concerning Tunaagc and Poundage being insioffed was a reading in the Houfe , and while it was a reading, thc^Kin^- fcnt tor the Speaker, q.nd the whole Houfej and the King made a Speech as followeth. ''^ I T may fcem ftrange that I came fo fuddeniy to end this Seffion 5 bc- "Ifore 1 give my aflent to the Bills , I will tell you the caul'e , though " I mult avowjthat I owe the account ot my actions to God alone. It "is known to every one, that a while ago the Houfe of Commons " gave me a Remonltrancc , how acceptable, every man may jud^e , "and for the merit of it, I will not call that in quellion, for I am " fure no wife man can juitiHe it. " Now fince I am truly informed, that a fecond Rcmonftrance is " preparing for me to take away the profit of my Tunnage and Pound- '' age, one of the chicfc-ft maintenances of my Crown, by alleadgincr, ^I have given away my right thereto by my Anfwcr to your Peti- 'tion. "This isfo prejudicial unto me, that I am forced to end this Sc[- "fion lomefew hours before I meant, being not willing to receive any *'more Remonftrances, to which I muft give a harfliAnlwer.Andfince " I fee that even the Houfe of Commons begins already tomakefilfe '^ conftru(5lions of what I granted in your Petitien, Icaft it be vvorfe in- " terprcted in the Countrey, i will now make a Declaration concerning ," the true intent thereof. "The profcffion of both Houfcs in the time of hammering this Petition, " was no ways to trench upon my Prerogative , laying they had neither <' intention or power to hurt it. Thcrciore it muft needs be conceived, «' that I have granted no new , but only confirmed the Antient Liberties \ " of my Subjeds. Yettofliew the cleamefs of my intentions, that I " neither repent, nor mean to recede from any thing I iiavc promilcd *^yoUj I do here declare myfelf, thatthofe things which have been ' *' done 5 whereby many have had fome caufe to exped the Liberties I " oftheSuJ3Jcdstobe trenched upon , which indeed was the firft and i " true ground of the Petition , (h^U not hereafter be drawn into example "for your prejudice, and from time to time , in the word of a King, yc *^'lTial not have the like caufe to complaiii.But as for Tonnage and Pound- " age,it is a thing I cannot want, and was never intended by you to ask , " nor meant by me 1 am fure to grant. " To conclude,! command you all that are here to take notice of what " I have fpoken at this time, to be the true tntenc and meaning of what "1 granted you in your Petition; But cfpccially,yoU my Lords the " judges, for you only under me belongs the iitcrpvetation of Laws, "for none of the Houfes «fParliament,eithcr joint or feparatc,(whatnew "Dodrine foever maybe railed) have any Power either to make, or " declare^ t^yy without my confent. After this Speech ended , the Bill ofSubfidie was delivered to the Spoaifer, ftanding at the J^ay in the Lords Houfe , who made a fliort Speech , and niewed,that it was the grcateft gift that ever was given iQ fo (iiort a time. And (o craving pardon for the errors of the Houfe, and his own ( which he knew to be very many ) he dcfired the King to _ gj y.e his Royal Aflent. The] 4. Car oil. The K. tnds this SiiliDn in pctf')n,»iid de- clares !hc rca- D 31 An. \6^%' iiiftorical ColleBions, The King came fo fuddenly and unexpcdledly to the Houfcjthai the Lords were not in their Robes , and the Commons had given no direction or Order for the Speaker to deliver the Bill of Subfidies , Neither was it brought down to the Commons Houfe, as it was ufcd, but the Bills were read, and the Bill for the Sabbath , for Recufants children, for Alehoufe -keepers , for continuance of Statutes, for the Clergies Subfidic, for the Lay of Subfidie, all palTed. But for the Bill for explanation of the Statutes 3 . Jac. about Leales of Recufants Lands , The King laid, that in this ihort time he had not time fufficient to confi- der thereof, but he faid he found many Errors therein, though the Tide be fairc , and if at the next meeting they would amend thole Er- itlhouldpafs. rors , Many private Bills paflcd alfo , and after they were all read, their Titles and the Kings Anlwer to them, which to the publique Bills was Le Roy le vetilt^ to the private, Soil fait come ile^ defire. The Lord Keeper faid , it is his Majefties pleafurc that this Seffion now end , and chat the Parliament be prorogued till the twentieth of OHoier next, Jt tbisParl/ament which legunatVWt^mirAQt the i'j.ofMAtc\\Amo%egm %.CaroU 3 . Thefe Acts were pafled. F J /fl y A/iAci for further reformation of fundry Abufes committed on the Lords daj called Sunday. 2 . The Petition exhibited to his L^ajeBy, hy the Lords Spiritual and Tem- poral, a»d CcrnmortS in this prefent Parliament Ajjembled^ concerning divers Ri^qhts and Privi ledges of the SubjeBj with the Kingi ajje»t thereunto in fttU Parliament. 3. AnAB for repr effing of all mlicenced Alehoufes. 4. An AH to retrain the fending over of any to he popijhly bred beyond \ the Seas. [ 5. An Aci for eflaHifhing of Snttons Hofpital,&c. 1 6. An ABfor the Eflabltfhing of the Tenants £(iates of Bromficld an^ Yale in the County 0/ Denbigh, &c. 7. An AB for the continuance and repeal of divers Statutes^ &c, 9 . An ABfor five entire Subfidies granted by tht Clergy. 10. An AH concerning the 7 itley&c. of Earl 0/ Arundel, and for the annexing of the Caftle of Arundel, and other Lands, to the faid Title of Earl of Arundel. 11. AnAHtoaffuretheJoyntureofthe Lady Francis Ncvil,«/». Robert Dyel Xf. 4/sW George Kirk Sfquire. 28. \^n ABfor the naturalizing of James Freefe. 645 4 Caroli. In the Interval Let ween the two Seffior^s, there happened many remarkable pafja^^es. DOdoT Manwarings Sermons intituled 'Kjliojon and Allegianre were fupprcfTedbyProclamationjthe Kin^ declaring that "though the grounds thereof were rightly laid,to ptrfwadc obedience from Subjeds to their 5overeignjand that for conicicncc fake j yet in divers paffages, inferences, and applications thereof, trerching upon the Laws of this Land, and proceedings of Parliaments , whereof he was ignorant , he fo far erred, that he had drawn upon himfclf the juft ccnfure aud fcntence of the High Court of Parliament , by whofe judgement alfo that Book ftands condemned ; Wherefore being defirous to remove occafions of fcandal, bethought fit that thofc Sermons in regard of their influences and applications be totally fupprcffcd. Then a Proclamation came forth declaring the Kings plealure for proceedings with Popilli Reculants, and diredions to his CommifTi- oners for making compofitions for two parts ot three of their Eftates, which by Law were due to his Majcfty j nevertheleffc ( for the mo{\ part) they got off upon eafic tearms by rcafon of compofitions at undervalues , and by Letters of Grace and protedion, granted from time to time to moft of the vvealthicf\ of them. This was fecondcd with another Proclamation commanding that diligent fcarch be made for all Pricfls and fefuitcs (particularly the Bifhop falcedon) and others that have taken Orders by authority from the See o^Rome,tha.i they be apprehended ind committed to the Goalc of that County where thcylliall be found, there to rcmaine without I Baylc or Mainprizctill they be tryed by due courfc of Law, and if) upon trial and conviftion there fhallbe caufe to refpit the execution of anyofthem,thcy l"hall not licintheCommon Goals, much IclTe wander about at large, but according to the example of former times be fcnt to the Caflle bf fvi s bitch , or Come othcrlafc prifon , where theyfhall remain under ftrait and clofe cuftody, and be wholly re- 1 Mm mm flraincdl D.'. Minvtm rings Strmon fupp eHfd by Piodaraiiioi). A ProcLiroatl. I on snd crm- I miflijn con- pofition wiih Rt'-ufanti. A Pfoclaunti- "" ■•'gainft ,he B /hop of Gil. CCiiTt. 6^6 \ hiifiorical Collections. 7 V^^ftraiiicd from cxcrcifing their fundion, and fpreading their fupcrftitious | and da^gcrou^ dodrincs. Hereupon the Privy Councel wrote to the Billiop of £/y a Letter of the tcnour follo^vin^ j RomifliP. r.isbiti'o. eft / cc /p/;/j/,r^\vascarfciul by Articles (had they been per- tornie«i) that thofe outrages fliouldnot be cemmiited upon the entry of the Town(vvhich the few remaining inhabitants were much afraid ot, and alterwards felt) and fo mixt mercy with his conqucft , yet pre- fently after high outrages were committed , and great was the pcrfe- cution of the Reformed Churches , which conftrained them again to fend to the King ot Enqland 10 implore aid with thefe expreflions , thai nhut the J writ wM vcitb their teares and their Hood, but the treaty being lliortly after made between the two Crowns j all things were fetled in peace between the King and thofe ot the reformed Religion. Concerning the ftate ot Rochel at the furrcnder , we have feen a Rela- tion to this purpofc, that the miitry of the beGegcd was almoft incre- dible J leaving lived long upon Horle-flclli, Hides, and Leather, Dogs and Cat5,hardly leaving a Horfe alive jl^ill in hopes that the relief pro- miled from Enghnd would prove effedual to thcrn j they held it fo long till they were but about tour thouland left alive of fifteen thoufand fouls, mull ot them died with famine, and when they begun to be pinched with the extremity ot hunger they died fo fait that they ufually carri- ed their Coffins into the Church-yardjand other pkces,and there laid themiclvcsin and died jgreat numbers of them being unburied; when the forces of the King ot f/-v, and inform themfelvcs of de- faults in the particulars before mentioned, and make report thereof tg the Board. The Scots under the command of the Earl UMorto/i , and fome ////& alio, were lent to. quarter in the lfl.eotrirf/]gk, which jlflandwas unacquainted with the quartering ofForreigncrs. I In £j]ex many robberies and outrages were committed by the Souldi- jcrs then returned from Sea. Whereupon the Privy Councellors re. I quired the juilices of Peace in that County to choofe a Provoft MarlTnai j for the apprehending of all fuch as wandred up and down the Coun-^ , try , or behaved themfelves diiTordcrly , that they might be puniflicd j according to Law, andtocaufe ftrong guards and watches to be kept I in all paflages. I Anci upon advertifement of fome hoftile preparations from forraign enemies, the Privy Councel taking care for fecuritfig tlie coafts in Keatf Sujjex , Hampjl^ifey Dorcetjljire , and Devonshire rcnued their diredions to the Lords of thofe Counties for the careful watching <^ Bea- B D ; cons , &c. .■Ql; A i?ni7.' T^f Kingof D'M" r<[ af- lift;! with foicss. About the time the Fleet wcntJafttotherblief o^Rochef^xht King being folicited by the Ambaffadoursof thcKingof l)f;»K<c King made a lupplyof fix hundred more by borrowing fix or eight men out of every Company,feiving in the States pay,under the condu6t of the Lordrf/'^,the feafon of the year not permitting to rely upon new recruits from England:, for which he engaged his royal word to the States and the Prinee oi Orange., that tor every man they lent him, he would fend them two as foon as his forces return from %ocheL Touching the Horfc levied in Germnny , and intended (^s was faid) to be trani ported into England., about the la(1;Scffion of Parliament the l^ri- vy Councel now wrote to VaUeere upon certain overtures made by the King of ^B'Cfl'e/?, and the Duke of 5iiiy;j to receive them into their pay and lervice , that he might difpofe of the faid Cavalry to thofe Prinzes being his Majcfties friends and Allies with condition that hisMajcily be no further charged with their pay,tranrportation, or entertainment in any manner whatfoever. After the death of the Duke, the King fecmcd to take none to favour fo much asDr, Land., BilTiiop of Lo«^o«, to whom he fent many graci- ous mcffages , and alfo writ unto him with his own hand , the which contained much grace and favour, and immediately after- wards none became fo intimate with his Majefty as the faid Bi- ftiop. 'i BT Orders frwt the Bifhoj}-) there were then entred in tl)e Docket Book, feVe^ ralCongeTfeflieri md Royal ajjents for Dr. May to le Bijhop of Bath , Conge of^oi\v'nc\\, toU Afch-Bijlooifof^oxV. .1 ' "•'*■ In the lint verfity of Oxford, Bijhop Laud ^arc tf^e fva). The Lord Ch»»~ \ f^Z^owr William Earl of Pembrook commiting his power into his hands. Andthiiy/iat. he framed the Statittesfor the reducing and limiting the free E- leRto^ of Sy which hefore ( M himfelf faid) tveriS' FaSiieM y andTu' OffbuantatbfifeVerd.Colle^^^ycQurfe, , , .;f,,j.. :-;, The Tlie Germm HoifcdilVolid of. Dr.L«iin fa- vour with [he King, Hiftorical ColleUions, T»e meeting ot'thcParlia. mciu idjourn- tci: . Jii. zo. 0,ca. refort [0 fon. mined b^fne the Gouncil> Threstned to be Racked. The Judges 0- pinioiit lakcn thC'eiOi The meeting of the Parliament appointed to be the 26. oiOBoL was by proclamation the firll day of that moncth Prorogued to the 20. of Jam. following- VVhilft Felcoit remained a Prifoner at London , great was the refort of people to fee the man who had committed fo bold a murder, others came toundcrllandvvhat were the Motives and Inducements thereunto, ' to which the man for the moft part anl\vcred,That he did acknowledge ih.c Facl, and condemned himfelf for the doing thereof; Yet withall confeflcd he had long looked upon the Duke as an evil Inlf rument in the Common-wealth, and that he was convinced thereof by the Remon- ftrance of pjriiament. VVliich coniiderationsj together with the in- Itiffation ot the Evil One ( who is always ready to put finfuU motions int^ fpecdy Atlions ) induced him to do that which he did •, He vyas a perfon ot a little Stature, ofa ftout and revengeful fpirit , who having once received an injury from a Gentleman, he cut oft a piece ot his little tinker ,and fent it with a challenge to the Gentleman to tight with him, I thercbv to let him know that he valued not the expofing of his whole body to hazard, fo he might but have an opportunity to be revenged. Afterwards Feltoa was called before the Councel, where he confeflcd much of what is before mentioned concerning his Inducement to the Murder , the Councel much preffed him to confcfle who let him on work to do fuch a bloody adjand if the Puritans had no hand therein,he denyed they had, and fo he did to the laft, that no perfon whatfocver knew any thing of his intentions or jnirpofe to kill the Duke, that he revealed it to none living. Dr. LW Bilhop oi London being then at the Councel Table, told him, if he would not confefs , he muft go to the racki Fi?/fo»rcplycd,if it muft be fo,he could not tell whom he might nominate in the extremity of torture , and if what he lliould fay then muft CTo for truth, he could not tell whether his Lordl"hip ( meaning the Billiop of London ) or which of their Lordlliips he might name , for torture might draw unexpcdted things from him ; after this he was ask- ed no more queftions, but fent back to prifon. The Council then fell into Debate,whcther by the Law of the Land they could juftifie the •putting him to the Rack.^ The King being at Councel faid, before any \fuch thino^ be done, let the advice ot the judges be had therein , whe- ther it be Legal or no , and afterwards hisMajcfty the 13. of No-jemb. 4. Car. propounded the queftion to Sr. Tho. "Kjchardjon , Lord Chief Ju- ttice of the Common Pleas, to be propounded to all the jufticcs. (riz. ) Felton now a prifoner in the Tower, having eonteffed that he had killed the Duke o{ B'tckingham , and faid he was induced to this , partly for private difpleafure, and partly by reafon ofa Rcmonftrance in Parlia- ment, having alfo read fome Books, which he faid defended that it was lawful to kill an Enemy to the Republique, the queftion therefore is, whether by the Law he might not be Racked, and whether there were any Law againft it, for ( faid the King ) if it might be done by Law , he would not u(e his Prerogative in this Point , and having put this Queftion to the Lord chief luftice , the King commanded him to de- mand the rcfolution of all the Judges, .j"^- '•', .'-"Vv^' ' Firft,thc Juftices of Serjeants Inn in Chancery Lane didi meet and agree, that the King may not, 'v\ this cafe put the party to the Rack. And the fourteenth of November all the Juftices being aflembled at Serje- ants B D Hijiorical Colle&ions. D E B .ants Inn in f /(ffw/7rlliould be of the good behaviourj And advertized him, they might , for con- temptuous words, caufe an Indidment or Information in this Court to be drawn againil him, if they would . The Lords of the Counccl were much diflatisfied with the Bail- ing of ^/w/'i^cr^'. Whereupon the Judges were lent for to the Lord Keeper at P/r/ww Houfc 3 where were prcfuit, befides the Lord- Keeper, the Lord Treafurer , Lord Privy Seal, and the Chancellor of the Ducchy ; And the Lord Keeper then declared unto them, that the faid enlargement of C/;^wZ<'^s was without due regard had to the Pri- vy Councel , in not firft acquainting them therewith. To this the Judges anfwercd, that to keep a fair correfpondency with their Lord Qiips, they had by the Lord Chief- Juftice acquainted tlie Lord Keeper in private therewith,bcfore they baild the party : And that what thev bad done as to the bailing of the priloncr was according to Law ' and jullice, and the confcicncc of the Judges. To this it was replied f thatitwasneccffaryfor theprcfervationof the 5tate , that the power i and dignity of the Councel Table ("hould be prcferved , and that it I could not be done without correfpondency from the Courts of Juftice j fo they parted in very fair tearms. B Fe/fow brought CcnftlTeth the Faft. TcnJctshis hand to be ci:t tff. D OnThuifdaj the 27. of NovemLer , Felton was removed from the Tow- er to the Gatc-houfe in order to his tryal, and was the fame day brought by the Sheriffs oi London to the K'tnoi-bench'Stax^ and the indidment be- ing read, he was demanded whether he were guilty of the murder therein mcntionedrhe anfwered he was guilty in killing the Duke of Buc. and further faid that liC did deferve death for the fame, though he did not do it out of malice to him. So the Court pafTed fentcnce of death upon him , whereupon he offered that hand to be cut off that did the fad, but the Court could not upon his own offer inflid that further punifhment upon him , ncvertheleflc the King fcnt to the Judges to inti- mate his defire, that his hand might be cut off before execution,but the Court an! wcrcd that it could not be, for in all murthers the Judgement was the fame, unleffe when the Stamte of 2 5 . f . 3 . did alter the nature ot the offence, and upon a fcveral indidment ,as it was in Queen £//'- zaletis timc,whena Fclonat the Barf^ung aftoneata Judge upon the ' Bench, for which hewasindided and his fentence was to have his hand cut off, which was accordingly done, and they alfo proceeded | againft him upon the other indidlment for Felony , for which he was found Hiflorical Colle&ions, found guilty, and afterwards hanged 3 and~ Felton was after- [4. caroli wards hung up in chains in manner as is ufual upon notorious murders. Hui ^ in cbjint. Mr. Vaj[its goods itiL-d on tor dmy.ng Cuftotncs. Information preferred a. giinft him. B D Mr. ViffAs pita to the llifaimaiion. IN U^iichaelmafTerm the Farmers and Officers of the Cuftom Houfe feized great quantities ot Currants belonging to Mr. Samuel rajjal oi London Merchant , becaufe he retuled to pay an Impofition of Hvc llaillings and fix pence upon every hundred weight of the laid Currants fo imported, alloiged to be due, and demanded on his Majtftics behalf, Mr. Kz/^/refufedtopay thefame , conceiving it was an Impofition a- gainft tne Law of the Land j Wliereupon the Kings Attourney Gene- ral exhibited an Information in the Exchequer againlf the laid r^/Ja/, fetting forth that King ^ames did by his Letters Patents command the taking the faid Impofition , and tnat his Majefiy that now is, by his Letters Patents, dated 26. y»««, z-.Caroliy by the advice of his Privy Councel did declare his V\ ill and Pleafure to be, that iiublidies , Cu- ftoms, and Import (liould be Leavied in luch manner , as they were in the time ot King Jamef^umilk migiit receive a fttling by Parliament, and the Information did fet forth , that the faid Samuel Fajjall before the firft day of OBoLer^ 4. Car. did bring into the Port of LoWo/y,4<$38. hun- dred weight uf Currants, for wliich he refufed to pay Cuftom. To this information the faid Samuel yajfal appeared, and plead- ed the Statute of Magna C/;^rre would take jour goods. Whereupon Sir Ti^iert Philips made this Speech. BTthii Information jon fee how unfortunate tltefe times are., and how full time it was for this Aflemhly to meet to ferve his May inferiour Minivers that over do Nn nn 2 their What were the violjtioi s of the Sub/eas Librriicj fmcc in:nc. Sir Rfibcrt 6^ Hiftortcd ColleBions, a Committee. The Kings Speech to both Hou'^esin the Banqueting Houle. their command ^ they knew the forty wm a Parliament man , nay .^ they fay , ifi dllthe PArliament tvere in you , this rve wouUdo^and luflijie it. Jf n>e fujfer\ the Priuiledge of Parliament and Lilerty of SubjeBs to he thm I'iolated , for \ fear of complaint^ we gt^e a wound to the happinefs of the Kingdom, The courfe of Jiifiice is interrupted y and an Order in the Exchequer made for the fiay of the qpodSy and (i nee there is a feifure-^upon the approach of Parliament ^oi goods amounting to five thoufand pounds for a pretended duty of two hundred pounds Cujiome^ Its time to look about us, fntbefirfl year of King James, hy reafon ofthefickr.efj'e that there was^ the Parliament was prorogued y and then there we, e fome fo hold as to take this Tunna/e and Pjuudage-y and then we cjuesi toned the men tha' demanded it. Let tti proceed with ajjeclion of duty^ and m-tke up breaches , let a Com • vtittee Le appointed for the examination of thefe proceedings. ~.j^ ^ ^j. j This Lufi/.efje was re erred to A Committee , and the Officers of the Qu- was referred to \ (Iffme Houfe ( who had feiz,ed thefe Merchants goods) were ordered to Le fent for , and whiUt they were in Delate of this iufinejje , the King fent a Mefjage to the Houle, and willed them to defifi from further Delate of thcfe matters concerning Tunnage and Toundage^ till the next day in the after- noon^ at which time, he would fpe, ike with them at the Banqueting Houfe at Whitehall, n4jere his Majefiy made this Speech, THe care I have to remove all Ohfiacles that may hinder the good cor - refpondency between me and this Tarliament , is the caufe I have cal- led you together at this time -^ he particular occafion ieing a complaint made' in the Lower Houfe. And for you my Lords, I am glad to take this, and all o- ther occafions wherely jou may clearly underfland hoth my words and aBions, for as you are neerefi in Degree, fo you are the fitteH Pvitnefjes unto Kings. T^e complaint Ijpeak of is for flaying mens goods that denyed lunnage and foundaoe , this may have an eafie and fhort conclufion , if my words and ani- ons le rightly underload , for iy piffingthe Bill as my Anceftors have had it, my ly-pa'i anions will le included , and my future proceedings authorized, \which certainly would not have leenfiuck on, if men had not imagined that I \ had taken thefe duties as appertainingto m) Hereditary Prerogative, in which \ they are m'lch deceived,for it ever was,andflill is my meaning,ly the gift of my {people to enjoy it, and my intention in my Speechat the ending of the lafl Sef- \fion concerning this point , wa& not to challenge Tunnage and Poundage as of I ^'i&^l^i hut Ac hcncc^Q,^ewing you the neceffity, not the right hy which I wa( \ to take ituntillyou had granted it to me , afjuring my felf, according to your general profejjions, you wanted time, not will to give it vie'. wherefore now havingopportunity, I expeH that without lojje of time, you make good your profeffions , andfo hy faffing of a Bill, put an end to all the Quefiions arifingfrom this SuhjeB : efpecially fince I have cleared the onely Scruple that can trouhle you ifithis hufinejje ', to conclude. Let us not he jealow one of the others actions , for if I had heen eafily moved at every occafion , the Order jou made on fvednefday Wi , might have made me (iartle, there heing fome jljew to ftfpect that you had given your felves the liherty to he the Inquifi- tors after complaints ( the words of your Order heingfomewhat too largely pend) hut looking into your actions, I find you only here complainers, not feeking com- plaints : for I am certain you neither pretend, nor /lefire the liberty to he Jnqui- fitors of mens actions hefore particular complaint' he mfide. This I havefp«ken, to jhew youhowfiow I amto believe harfhly of your pro- ceedings, like wife to ajfureyou, that the Houfes RefolutionS , not particular mens * Hiflorical ColleBions, B D , ^ _i ^57 mensfpeechiS , Ihall make me judge well or illy not douhting^ Lut acccrdhr>i to ' a, Carol: my exdwple youmll he deaf to ill reports concerningme , //'// ni) words and' '-^ — actions (peaiefor themfelves , ti)atfo tins Seffion beginning with co/ipdence o,.e towards another^ it may end with a perfect good underjtanding Let ween m. M4)ich God grant . Munday the 2 6. of January i " |V /f R. Secretary Cook delivered a Meflage from the King to the Houfc ^^\^- '^"'' " 1 ▼ J. '■>* Commons , tliat tiie Bil! for Tunna^e and Pouiida^e mi;3,r,t be ' Houfc miCol *•' Ipeedily taken into conlideration, and that time mi^^ht not beflipt, Ucns fpccdiiy " and did very much prels (in hisMaiellitsn mO thc^ reading there- l',"''« ''""j ot as a matter ot weight and importance, and laid that r.e Ipake it Ng'io'oconii- " tor their lervice, and that moderatioii in tiieir proceedings, would !''^'"'°"* " be of great advantage to them j But the Houfc beir>g troubled to have " the Bill impofed upon them , which ought naturally to arife frqm "themfelves, did at that time forbear to fpeak tlieir minds frtely, " and relolved to husband their time, and did accordingly further im- " power tiie Committee to examine violation of Libcrtie, and property 'Mince the lall Sefllon of Parliament , and refolved to proceed in the "next place, with matters of Religion, and particularly againft the '' Seft oi: Armifiidf.s , upon which occalion Mr. Kjus fpake to this " purpofc. sa he om- B'.i: the C(m- mori rclr.lv ■ to piocccd in inst- tiiioi Rtljnion " Mr. Speaker, we have of late entered into confideration of the " Petition oi Right , and the violation of it , and U[)on good reafon, for ' it concerns our Goods, Liberties, and Laws , but there is a right of " higher nature,that prelerves for us far greater things , Eternal lite,our "fouls, yea our God himfelf, a Religion derived to us from tliC King '•of Kings, confirmed upon us by the Kings of this Kingdom, Enadtd " by Laws in this place , ftreaming down to us in the blood ot Martyrs, *' witneffed trom Heaven by miracles, even miraculous deliverances, " and this Right in the name of this Nation,! this day require and claim '■ that there may be a deep, and ferious confideration ol the violation of " it J I defire it may be confidered wh it new paintings are laid on the old '" tace of the whore of 54/'j/o«, to make her iV.ev/more lovely, and to '"draw fo many fuitors to her, I defire that it may be confidered how "the Sf^ of ^om^ doth eat into our Religion, and tret into the Banks, " and walls of it, the Laws and Statutes ot this Realm, eipecially fince " thofe Laws have been made in a manner by themlel ves, i ven by their " ownTreafons,and bloody Defigns .• And iince that Popery is a confu- " fed heap of Errors, catting down Kings before Popes, the Precepts ot " God, before the Traditions ot men (living and rea(onablemen) before " dead and fenflefs ttocks and ftones ; I delire that we may conlider the " increafe o{ A/-minianifm^ an Error that makes the Grace ot God lackey " it after the will of man, that makes the flieep to keep the Shepherd, " and makes a mortal feed of an Immortal God. Yea 1 defire that "we may look into the very belly and bowellsot this Trojan Horfc , " to fee if there be not men in it ready to open the Gates to Romilli Ty- " ranny, and Spanifh Monarchy : for an Arm/nian is the Spawn of a Pa- ^ " pilt, and if there come the warmth of favour upon him, vou llialJ , " fee him turn into one of thofe Froggs that rife out ot the bottom- 1 Icfs ' Mr. Row Sj'cecli con- KriiirgRdJgi- cn. 658 An. 1 62^, Hijiorical ColleBims, « Ids pic ; And if you mark it well 3 yon lliall fee an Arminian 'f reachiii'^ out his hand to a Papift, a Papift to a jcfuitCj a Jcluitc gives ''one hand to the Pope, and another to the King ot Spaim , and thefe "men having kindled a fiie in our neighbour Country, now they have c< bj-ouo-hc over fome of it hither, tu let on flame this Kingdom alfo: (( Yea ° let us furtl'.er fearch and confider whether thefe be not the men, "that break in upon the goods and Liberties ot thiiCcmmon-wealth,tor " by this means they make way tor the taking away of our Religion ; "it was an old trick of the Devil, when he nuant to take away Jols "Reli^'ion, he begun at hisgoods , laying , Jay thy hand on all he " hatifand i.e will cutfe thee to thy hue; either they think thereby to "let a dittalle between Prince and People.or elle to tinde lome other " wav of fupply^to avoid or break Parliaments: that fo they may break *' inupjnour Religion, and bring in their errours. But let us do as Jol "did whobeinCTconlfant againlf temptition, held tart his Religion, -■'and his p-oods were rellored to him with advantage , (o it we hold "fait God and our Religion, thefe things lliall be added unto us •, Let *'us confider the times pal^, how this Nation flouriHied in honour and 'abundance, when Religion flourillicd amongftus; but as Religion f decayed, fo the honour and ftrength of this Nation decayed alfo; 'when the foul of a Common-wealth is dead, the body cannot longer overlive it -, If a man meet a dogg alone, the dogg is fearful, though "never fo tierce by nature, but if that eiogg have his Mafter by him, " he will fct upon that man, from whence lie fled before. This lliews " that lowernatures being backt with the higher, increaje in courage " and t\rcn:h concern- iijg Rdig-on. 66o Hifiorical ColleBiom, An 1628 cc Meliageby Sc- crctsry C^i aboucTuiinage and Poundage- Sir Tht. Ei, m^ttds. WednefdAj 28. Secretary Coo/^ delivered another mcflage to the " Houfe concerning the precedency ofTunnageand Poundage, decla- '' ring that his CHajefly intends not thereby to, interrupt them jas to Rc- " hgion , lo that they do not intrench on that which belongs not to them ' which mcffagc was feconded by Sir Thomas Edmonds in thefe " words. '' I am forry the Houfc hath given caufe to fo many meffagcs about V'"^ Tonnage and Poundage after his Majcfty hath given us fo much l"a- "tisfadionj you may perceive his Majefty is fenfible of the ncgleft of his bufineflc , we that know this , fhould not difcharge Mr. Cirtmn. An Anfwer re- folved CO be gi- ven to the Kings mclTagfs Sir Jjft'J Eliot conceining Religion. " our duties to you it wc fliould not perfwade you to that courfe which " lliould procure his Ma jeftics good opinion of you: You your f el ve? " are witneffes how induftrious his Majefty was to procure you graci- " Otis Laws in his fathers time, and fince , what inlargement he hath " made of our Liberties, and ftill we give him caufe to repent him of th e good he hath done. Confider how dangerous it is to alienate B " his Majcfties heart from Parliaments. LMj.fler Corriton replied. « ff T 7 Hen men fpeak here of negleft of duty to his Majefty, let them « V V know we know no fuch thing, nor what they mean .- And 1 fee, " not how we do negledl the fame 3 I fee it is in all our hearts to expc- " dite the Bill of Tunnage and Poundage in due time : our bufineffe is '^ ftill put back by thefe McflageSjand the bufinefle in hand is of God j " and his Ma jefties affairs are certainly amiffe, and every one fees it, " and woe be to us,if we prefent them not to his Majefty. The Houfe refolved to fend an anfwer to the King, that thefe mcf- fao"es are inconvcnientjand breed debates and loffe of time, and did fur- ther refolve that Tunnage and Poundage, ariilng naturally from this Houfe, they would in fit time take fuch a courfe therein, as they hoped would be to his Majeftiesfatisfadion and honour, and fo again agreed to proceed at prefent in matters of Religion. "Sir John Eliot upon this occafionfpake to this purpofe, I have al- " ways obferved (faid he) that in the proceedings of this Houfe, our " belt advantage is order , and I was very glad when that noble Gen- " tleman, my Country-man, gave occafion to ftate our proceedings, for "I fear it would have carried us into a Sea of confufion and diforder, "and having now occafion to prefent my thoughts in this great "and weighty bufineffe of Religion, I (hall be bold to fpeak a few " words. " There is a jealoufie conceived, as if we meant to difputeinmat- "tcrs of faith, it isourprofefrion,thisisnot to be difputed, it is not in " the Parliament to make a new Religion, nor I hope fhall it be in any " to alter the body of the truth, which we now profefle, I muft confels " amongft all thofe fears we have contra6led,thcre arifeth to me not one " of the Jeaft dangers in the Declaration that is made and publiflit in his "Majeftics name concerning difputing and preaching,let not this my fay- " ing bear the Icaft fufpitionor jealoufie of hisMajefly , for if there be " any mifprifion or Error, I hope it is thole Minifters about him, which "not D Hifiorkal Colk&ions, 661 . not only he , buc all Princes arc fubjcd unio, and Princes no doubt ure " (\ibje£t to mil-informations , and many adions ma y be intitled " to their Names, when it is not done by themfeivcs. Antioch^a King ^^oiAfia lent his Letters and miflives to fevcral Provinccs,that if thcv re- " ceivcd any difpatches in his name, not agreeable to julh'ce, Igm'to fe ^^ Ittterjis eJJefcnpLii idfoq;us nofi ^arerent^ and the reafon ol it is siven " by Gratiaa , becaufe that ottencimcs by the importunity of Minilkrs " Frinc.'pei f<£pe conHringuntur-jUt noh coKcedeKcia coi'icedarJj arc drawn to ■"grant things by them not to be granted-, and as it was in that a^e to j 'it may be intnis. And now to jhe particular in the Declaration, we I *' fee vvnat is laid ot Popetj and A/minia/irfm,out Faith and Religion is in ' " danger by it, for like an Inundation it doth break in at once upon us. , " It is laid , it there be any difftxenct in Opinion concerning the reafon= i "able interpretation of tne 39. Articles , the Bil"hops and tiie Clergy ''in the Convocation have power to difpute it , and to order " which way they plcafe, and for ought I know, Popi. ry and Armi.iia- B "nifmmaybe introducedby tlic m, and then it muftb.- received by al],a "flight thing, that the power of Religion ihouldbe left to the pcrfons *'ofthefe men, I honour their profeiiion, tiiercare among our Biiliops "fuch asarcfittobemade cxaiiiplcs for all Ages, who ihinc in ver- " tue, and are firm for our Religion, but the contrary Faction I like '^ notj I remember a charader I have fccn in a Diary of£. 6. cnat voung "Prince of famous memory, where he doth exprefle the coniiti'jn of '•'• theBifliops of that time under his own hand writing, That/^w^ fsr ' Jloath^fome for Age^fome for igmrancej'ome for luxury^ <*fid fme for Puver^^^ \ were u/ifit for D/fcipli/ie and Go-^ernment. We fee there are feme *■' among our Bifhops who are not Orthodox , nor found in Religion " as they (hould be, witnefs the two Bifnops complained of the iaft " meeting of the Parliament, I apprehend fuch a feare , that lliould we *' be in their power, we may be in danger to have our Reliction over- " thrown, fome of thefc are Mafters ot Ceremonies, and they labour '' to introduce new Ceremonies into the Church ^ Yet fome Ceremonies D " are ufeful, give me leave to joyn that I hold it ncceflary and commen- " dablc,that at the repetition of the Creed we (bonld Itand up, to rc- "ftifietherefolution of our hearts, that we will defend the Religion '' which we profefs, and in fome Churches it is added, they didnot *'cn!y ftand upright with their bodies, but with their Swords drawn. ' "Let us go to the ground of our Religion, and lay down a Rule on "vyhich all others may reft J then when that is done, it will be time "tu take into confidcration the breakers and offenders of that Rule • *' Hereupon, after lome Debate the Commonsr entered into this *'Vow. cc 4 Caroli Tlje Vow of the Houfe ofCotMtnons inVarliament. \\7^-^ the Commons in Parliament Aflcm-| TheCommont ^^' bled, do Claim, Proteft, and Avow for truth, thejw.'""" fence of the Articles of Religion, which were cftablifli- ed by Parliament , in the thirteenth year of our late Queen Elizabeth , which by the publique Aft of the Oooo Church 662 Hiftorical Colle&ions, A/1.162S. Church o£ Engljndy and by the general!', and currant Expoficions of the Writers of our Church , have been delivered unto us. And we rcjed the fence of the Je- fuites , and Jrminians , and all others wherein they dif- fer from us. Friday the thirtieth 0/ January 1628. Both Honfes joyn in Petitianiug the King for a Fiiji. Roth Houses Petition the Kin^torafaft^ IV^O^^ Gracious S'overaign , It is the very earneft de- •^ " fire of us your moft dutiful ^ubjedts , the Lords Spiri- tual and Temporal,andCommons in this Parliament Afl'em- bled , that this meeting may be abuudantly blcfled with all happy luccefle in the great aftkirs of Church and 5tate , upon which we are to confult , and that by. a cicarc underftanding , both of your Ma)efties goodnefs unto us, and of our ever faithfull , and Loyal hearts to your Majcfties Royal Perfon and fervice , ( all jealoufies ai?d diftradions , which arc apparent figns of Cods dif- plcafure , and of enfuing milchief being removed } there may this Seflion , and for ever be, a perfed and moft happy union, and agreement between your Majcfty aud aU the Efiatcs of this Realm : But acknowledging that nei- ther this, nor any other bleffing can be expe^ed , without the efpeciall favour of Almighty God, upon the obferva- tion of the continued increafing mileries of the Reform- ed Churches abroad, ( whofe cafes, with bleeding hearts we compafllonate ) as likewife of thofe punifhments alrea- dy inflicted, And which are like in great meafure to fall upon our felvcs , we have juft cau{e to conceive, that the Divine Majefty is for our fins exceedingly offended againft us, wherefore we do in the(e , and all other pious rcfpcffts, moft Dread Soveraign, humbly beieech your moft excel- lent Majefty , by your Royal confent, and Commandment, that not only our felves, but all people of your Kingdom, may be fpeedily cnjoyned upon fome certain day, by your Majeftytobe prefixed, by publique Fafting, and Prayer to feck reconciliation, at the merciful hands of Almighty God , So thdt the prayers of the whole Kingdom, joyned with your Majcfties moft Princely care, and the faithful hearts and endeavours of this great Councel aflembled, may B D Hifiorkal Colk&ions. B ,niay procure honour to Almighty God in the prefervation of his true Religion, much honour to your Majefty, profpe- rity to your people, and comfort to your Majcfties Friends and Allies. The Kings Anfwcr to the Petition. Ayf T Lords^ and Gentlemen , T^he chief Motive of your Pe- ^^ ^ tit ion , being the deplorable Condition of the Reformed Churches abroad^ is too true : And our ditty is fo much as in m liethy to gi've them all pojpble help ; But certainly , fight ino will doe them more good then fajiing : though I doe not rvhoUy difaL low of the latter j yet i mnji tellyou^ that the cnUome of fa ft in g ei/ery Sejpon^ is but lately begun , and I confejfe I am not fully fatisfed with the nccejfity of it at this time. ' Tet to fjcw you how fmoothly 1 defire your bnOncfje to go on^ j (^ efchewwg as much as 1 can Queftions or jealoufts) I di^e wil- I linojy grant your requejt herein , but with this Note^ That this fhall not hereafter be brought into pre fi dent for frequent Fafts., '■ except up m great occafions j Jnd for form and time ^ I willad- ^ i>ife with my Lords the Bifjops^ and then fend you a particular Jnfwer. i Zoon after the Honfe of Commons prefented a Declaration to the Kingy touching their refolutions to give precedency to Religion. D TV /T CXI (Kzacioug; ^o'ocrcigu, mz ijabc iuittjitt tljefc %ee iVlDapeiaitcccitJcDftoin pjuc Majcfti^a MclTagc. putting us in minDc of our pjcfcnt cutting upon tUc conftUcration of a <^%mi of Cunnage anD ^ounDagc, but tljc manner of poiTeffing tl^c i^oufc tljetcDoitl) being biiagjccable to out €>^bcrs( anb piiSyi- IcbgciS! , tbat toc coulD not piocccD t\Mmn -, ainD finDing out fclbeiS in pout Majefticgi name pjrffcD m tl)at buftnclTe , anb tijat toe ftoulb gibe pjcccDcncp tl?ercunto, toe cannot but cxpjeiie fomc fence of C5?tott), fearing tbat tl)c moa tjenttp anD foii»arb aifection-s!, to^crctoiti) toe bcfice to fcrbe j^our Majcftp , arc not cle^irlp rcpicfentcb unto you : befibrsjuclj is tbe foliritous care toe tjabe inpjeCcrbingour fclbes, inpour Maefttcs moUgjiacious anD gooD opinion , tbat it cannot but b^ecb mucb trouble m us, to!)cn cbcr bjc fiuD our fclbcs ( ai noto toc are ciifoweb) to fpenb ttjat time in ir.aUmg our tiuniblc apologies /from to!)enrc boc ufuallp arife long isebaccs, tobttb >Joe concciue migbt ^icrp profitably be appliPcb in tl)c greater ^icryiccfJ of vour^iicftr,anb the Common-i^caltlj , tobicb toe bib uoitb all l)um':le Diligence applv our felocS unto -, anb fiuDiiigtlic fjtrcam banacrs toberetoitb cur l^cUgicn is tbieatncD (clearly pjtefcnting j it unto our t^ougljts anb confiDcratiorS) J©e t^ougljf, anb nic^ ^0 00 2 t^infe ! 663' 4 Carol/. His Majeftiei Aiilwei. Die Commons Dcclari:;on to tht King to give preceden- cy tu Religion. 664 ;, 1628. Hifloricnl ColleBions, His Majefties Ariftver toihe Commons Dediracion. tljinfe,toe catinct toit!joutimpictpto<15oD,Uiflopal{pto yout^a- jcftp vanD imtljauUfiUneffe to tl)ofefi;omU)l?oin toe arc put in truft) rctaro one pjiocccDings until fomctt)tng be Douc to fctucc ujs int^i^ mainc point , tol)tc0 toe pjtefci: aboue ourlilje0,anoa!l cartjjlp t^i«ig0u>l)atfocDcti 4ln0l)crctoeDo toitl) a{i ijumble tsjatifeftii^ neiTeacUnotoietigc pour^ajcftic^moftpiougcate, aiiD ^jtincclp jntentiong! to fr.ppjcffe botl)^opetp tm Ztminimi^xn, tt;c i3?o^ feiTo^of tl)c one, being an open encm)' to tl)c maint^mcc at tlje o= tier, a Cubtil anD nwjte DaiKjfroiijJ niDrrmmcr or t^e l^viiigion of Aimig!)tv(I!5oD, cftabUfl)eDtoitl)in?ourl1calmf$ ani) JSomuii- onjai : ^ijr tnitl) of toljiil) out tol^ole l=5elig.on ojt anp P:irtti)er:of, (as bcuigfutficicntU'fcnoton , ano receiiicn gcneratlr Ijcrc of aUtlje ij^cmbcr^oj&ur u:t)arct),ei:cept oiiclpoffoiue fcljtfuiatiCi-ilpeifonsi to!)o i)aUe of late j)eati3i tr.feentl)2bolt)neO[e to bjtoac^ t\)m con= trar^ coj^rupt opinions) tot Defire (b 3u!D not be caUeD in queftion, oj Doubt", 25utt)ia!foc'orritl)at})picareDrous: il^ajcft)' to our ejrceeD- ing great comfort, bj? maiip Cifitutonics; to Decia e pour oton cou- tfaiit refolution to maintain tl)c fato Eeiigion, pet tocfee ^oto pout graciouj^purpofes! aretljcrin crof!, anD into tol^at a miferabic (onDi= tion pour to^ole feingB jtn is iiUdp bptoat meanjStobe reDuceD-, toe fl^all camcftlie enlicabour , (a^tlja to^tc^ D^t^ nearlp concerne ufiMt Ufitv anD pjofpcritie of pour Maje(fie,anD people toljic!) are in fuci^ \0}t JJtfojDereD, tl)at mine tl)erebp tl}jeatncl> to botIj,map bp- (f;otijSblciIi«sbep3iebcntcD5 being moft tjeartili;; fo^rietljat tftefe OicafiO'is! are olij rcD,tol)ir |)2iD t^u^^inoer our p^oceeOingiS j ^nb tljerefojie aiS toeU foj btgmtp ,anb ncceittie oit^c matter a$ io} tijat toe conceibe it to be tl)e mod fpeebp anb etfrctual to:"jp, bp uniting of all our hearty anb cnbeabours to bifpatc I) all otDcr bufineSe of im- portance partKUlarlic t!)ofc tol)ic^ map feem mojte immebiatlie to refpect pour Majeftiesi pjioftt, r©e p^ap tb it out rcfoluttoasf of pje= ferrii gtl}i0bufinetfe,befo?eaUotbcrsmap be accent ble to your Maieftieto toljom, botl) intlje matter anb rauncr of our pji)cccb= EngjSjtoe beftre to gibe all poiTible faii$faction, Wheremto the King tbm Anfn^ereJ. "^^^Entlemcn, this Anfwer being fomcwhat long , may in reafon «\ T require fomc time to reply unto it, fincc asmoft of you cannot " but judge this givcth no fatisfadion. Therefore I fhall give you " fome lliort notes upon it; I cannot think , that whereas you allcdgc "that the Bill of Tunnage and Poundage was brought in againft the " priviledge of your Houfe ; That you will offer to take (o much pri- " viledgc trom every one of your members , as not to allow them the 'Mibcrtyto bring in any Bill whatfoever ; although it be in your pow- " cr when it is brought in, to do with it what you think good ; And " I cannot imagine, you coming together by my power , ana to treat of " things that I propound unto you,can deny me that Prerogative to com- '^' mend or offer my Bill unto you j though in this particular I muft con- '* fefs, that this Bill was not to have been offered to you in my Name, '* as that Member of your Houfe can bear witnefs. As for the caufe of '' delay in my bufineffe, (being Religion) there is none of you lliallhave a greater tare for the true prefervation of it then my felr , whith fince cc Hijiorical Colle&iortf. 66'^ 4. Carol/. B D " it is confefled by your AnfwerjYou muft cirher^think I want po\vcr '' (which cannor be j or that I am very ill counccIicd,if it be in fo much " danger as you affirm .- Thougli 1 may fay much of this, I will fav no " more , but that for all this 1 ihall not ibp mine cars to you upon this ^^ fub)cclj (o that in form and matter you tranfgrcfTe not your limits j as '' for Tunnage miA Poundage ; I do not I'o much defirc it out of ^reedi- " ncfs of the thing (being perfwaded you will make no Itop m n, when "you once take It in hand) as out of adefire to put an end to thofe " Queftions that do arife between me and lome ot my Subjects , tliink- "ing It aiirangething, if you lliould give Ear to thofe complaints, and " not to take the fure and fpecdy way to decide them : Beiides^ 1 muft " think it ftrangc, that this bulinefs of Religion, lliould only be a hin- " derer of my Affaires, whereas I am certainly informed all other " things go according to their ordinary courfe ; therefore I muft ftilj be " inrtant with you, tiiat you proceed with Tunnage and Poundaoe with " diligence (not looking to be denied info juft a dellrc) and you mull "not think it ftrangc,it I finding youflack,giveyou fuch further quick- " ning as 1 ihall find caufc. HereuponiiecretaryCo(//(' did acknowledge, that at the prefentinc? of the Bill of Tunnage to be read, he faid his M ijefty much defired it, but it was a miftake tliat his Ma jelly commanded it. yyednffday the /^-.of Felruary. THc Houfefell into debate of the Kin^s Declaration publillied in printjtoprohibitedilputc or preaching one way or other concern- ing the matters mentioned in the Declaration, alledging in the debate that the main end thereof was to fupprels the Puritan party, and yet to give liberty to the contrary fide, and they conceived that Ba"hop La-fd^ and BilTiop cJW9/'>!?- iui i.'ouiiu»gc. Mr. N9} con- CvniiiiiJ T uri- nate ani pouud-ige. — Alvl it was afterwards cleared by Maftcr Atturncy General , by his v\ ricing a Letter to Mr. Rolls, that the lerving a Sulpcena upon him was a millakeiand prayed that a favourable interpretation might be given of tliat matter. , ^ , r- ^ , ' Upon report from the Committee for Tunnagc and Poundage, Snjohn mlutd'ol»ie,Mi-. Dawes y and Mr. Car martl.Wi were ordered to appear at the Barr on Fnclaj next , and report was made to the Houfc that Matter Atturney ( notwithftanding his Letter did give order for the proccfTc 1 aaainit Mr. Rolls, and t. at in the Bill preferred in the Exchequer, it was I exprciTed the Merchants did plot, pradicc and combine againft the ipcaceoftheKin^^domei This bufinefs being a matter of weight, the further confideration thereof was appointed tor another day, and no ■ member mi ^ht go out of Town wichouc Licence. I I Thu/fday the 12. of February. j T He Houfe was turned into a Committee concerning the bufinefs of ; '*■ Tunnasc and Poundage,and fcveral Merchants did Petition that their CToods were not only feized, but informations preferred in Star-Chamber aj-ainft them^ Tne Committee in their debate inclined that the ^er- cnants might have their goods before they enter upon the Bill for Tun- nagc, and Mr. Noy expreiled himfclf in thefe words. Wc cannot faf cly give, unlefs we be in poffeflion , and the proceed- ings in the Exchequer nullified , as alfo the information in the Star- Chamber, and the annexion to the Petition of Right, for it will not be a ^ift , but a confirmation, neither will I give without the removal of thefe interruptions , and a Declaration in the Bill that the King hath nori^ht but by our free gift ; if it will not be accepted, as it is fit for us to crive,we cannot help it j if it be the Kings already , we do not B rive It. B irons of ihe P.schequer f^iu uiiio ibrut j l.vc.y ot I Mc'cbiiv.s nnods. Ttic Birons Anfwcr. Hereupon theHoufe ordered that the Barons of the Exchequer be fent unto^to make void their injunction and order , concerning the ftaying of ' Merchants goods,to which the Barons returned this anlwcr. j Whereas the Honourable Houfe ofCommons by order of the i2.of this ini\:amFel>raary have appointed that notice fnall be given to theLord j Treafurcr,Chancellor,&:Barons of thcExchcquer of aDeclaration made I by Sir Joh/f yi^oljle^joImejAlfah. D-mes, and %ich.Carmartban in the Houfe of Commons, that the goods that the Merchants brought into the Kings Storc-houfe,and laid uptherc for his Majefties ufe , were detained,as they conceive,onely for the duty of Tunnagc and Poundage , and other funis comprized in the Book of rates, which notice was given ,to the end the faid Court of Exchequer might further proceed therein,as to juitice lliall appertain ; Now the Lord Treafurcr , Chancellour and Barons out oftheir due refpeft to that honourable Houfcand for their fatisfa- dion, do fignifie that by the Orders and Injunctions of the faid Court of Exchequer they did not detcrmine,nor any way touch upon the right of Tunnage and Poundage, and fo they declared openly in Court, at the making of thefe Orders, neither did they by the Aiid Orders or Injunctions barr the Owners of thofc gqods, to fue for the fame in a lawful courfe , but whereas the faid Owners endca--' voured to take the fame goods out of the Kings actual pofleflion by WritSjOr Plaints of Replevin, which was no lawful adion or courfe ii^ the Kings cafc,nor agreeable to his Royal Prerogative, therefore the faid' Court of Exchequer, being the Court for ordering the Kings Revenue , did D Hijioricai Colle&iottf, ^ did l?y chore Orders and Injundions ftay thofc Sufts^and did fully declare by tlKjJ^iti^ piicrs^thdc the owncrSjiftl.cy conceived thcmfdvcs wronc^- ediOiightitakc iuch remedy as the Law alloweth. ° 7t^hafdH^efi«/f, Lo.Neicburgh. Joifn WaUer, John Denham . Tho. Trevor. Georgi ie Vernon. Bi D Thq Anfwer of the Lord Treafurcr and Barons, iaftead of fitisfadi- orj expeitcd by the Houfe, was looked upon as a juftification ot their Adions, whereupon a motion was made to go on , to conhdcr ot their proceedings, and whether ever the Court of Exchequer held this courfc before, for Itaying of Replevins, and whether this Jiath been done by Pi^^rpgative of the King in his Court of Exchequer. A report was made from the Committee concerning the pardons granted by the King fince the laft Seffion, to certain pcrfons qucltioned in Parliament, and the reporter informed the Houle, that tliey do findc upon examination that Dr. Sihthorpe, and Mr.- Cofens did foiicitc the obtaining ot their own pardons, and that they laid tlje Bilhop of f?7«- che^ler would get tlic Kings hand to them, and it did alio appear to the Cofljmittcc, that the Billiop of mnche^er did proniife tiie procuring ol Mr. Montaqtiei pardon , that Dr. CManwAting folicitcd his own par- don, and that tne Billiop ot mnche^er got the Kings band to it, Mr. oli- •uer CrQmveeW being ot this Committee, informed tlie Houfc what coun- tenance theBiAiopot*A'//;(-/w/f>^ did give tofome perfons that preach- ed flat Popery, and mentioned the perfons by name , and how by this Billiops means, cJ^i^A/B^j/z/z^C who by cenfurc the lail: Parliament, was difabled for ever holding any Ecelefiatticall dignity in the Church , andconfetredihcjutliec ot that Cenfure )is ncverthelefs preferred to a rich Living .- If tnefebc the ftepsto Church preferment ( faid he) what may we expcd. 667 4. Car oil. Notfatisfaiflo- 7- A re I or: con- cerning pj!« rs .0 i^r. Mr. i^eniigue^ &c. M'. Cromvffl Jintt Lhe Blfilop off.'jn: 1 bejtcr. A comp'ai'nrofi th; 110' liren- Print A Petition from the Bookfellcrs and Printers in London , was alfo prefented , complaining of the reftraint of Books written againft Popery and Armlnianifm ,and the contrary allowed of by the only means of fin-ofB-oks Dr. Laud Bilhop oi' London, and that divers oi' the Printers ana Boukfel- "=""" ^'"P''^ Icrshavc been fent for by Purfuivants for i rinting Books againfi. Popery, and that Liccnfing is only retlraincd to the Biihop ot Lo/,don and his Chaplains,and inttanced in certain Books againft Popery, which were denyed to be Licenced Upon which occafion Wi.Selden declarcd,that it is true,thcre i*: no Law Utstidencon to prevent the Printing of any Books in £A/^//jA Houfe, l"hall to morrow morning declare what knowledge they have of f Letters, and other means thut have been ufed for the flaying of proceed- ing's againfkRecufants, and McffengcTS were fent to Mr. Attourmyto examine hmi touching that matter Mc.Lo'g i Ju- lUceot'i)i.\,cc cxamiiicJ Mr. Loni^ a julf ice of Peace, who was faid to underftand much in the fame buhnefsivvaslikewifefent'for and examined,and faid; that by the appointment of Mr, Secretary Co(3y(', he apprehended thefe perfons,and took their Exaininations,and laid further, that he heard rhey were deli- vered out o( Nerrgdte, hy Order from Mr. Attourm y ; That Mr. Middle- rao/-^' a general Solicitor for the Papilh hired this houfe, and that there arc divers Books of Accompts,of Receipts and Disburfements to the va- lue of 300.1. pe/- an. with divers Rcculants names, who allowed towards the maintenance of this Colledge, and thefe Books and papers are in the hands of .^//.Secretary Co"^'' It was further reported from the Committee, that the Pricft taken at Cled-enrve/I, w!,ich was condemned, lliould be Reprieved by a Warrant from the King, lignified by a Privy Counccllor .• and another Warrant was produced by the Keeper of Newgate, under the hand of the Kings Atcurney Genera! to reieafe the other 9. Prieftsjto which Mr. Secretary Cool' replyed, the K, being merciful in cafe of blood, gave diredion for tlfc Reprieving the condemned Prieft, but the Houfe not willing to let this pafs, apjwinced certain of their Members to go to the Lord chief |u- f\ice and the reft of the Judges, who were there prefcnt at the Ti;ial, to know why the Papers and Evidences which Mr. Lo»g had to produce, were not ma d e u fe of. The B D I— ■ ~ ■ ■ ■ - ■ ^ — - — - J- . Hijlorical QoUeBions. (.66^-) B D Tiic Committee appointed to examine the Atturny-Cjsneraijrcport- cdthisanlvver : Ididreceiue ( faid the Atturny ) order touching fame Performs tahenin Clarkcnwcl, conceivedto he Prieflsj from the Council- Board:, and for that re- fer my f elf to the Order. And I conceive I didfoUoxv the direkiom of that Order. I did my f elf caufe them tolfe fent for from the f ever al prifons rvhere they were formerly committed, and I committed them all to Newgate,^? the Order from the Council-BoarddireBed-^and I ga've diretJionsfor Indihments to be drawn againji them, as for being Priejis j and I fent for, and conf erred jvith the mtnejjes, and took their Informations : and I fent for Mr /Long rvho was formerly acquaint- ed with that bufmej?^ as I was advifed to do by Mr. Secretary Qodk^andde- firedhiin to take fpecial care thereof at the Si f pons. And I did not conceive , that by the Order I was direBed to go thither my f elf ; but if J had been fo dire- Bed, and had fo conceived it, Ifhould not have declined the fervice. I know not, nor never heard of any Lands conveyed to the ufe ofthefeperfons, or of any foundation there j but there ivasfome mention made thereof in fome of the papers delivered to me by Mr.Secretary, but fo generally, as I know not how to enquire thereof ;but I did take care to intitle the King to thegoods,as thefpecial direBions CO me was by the Order of the Boar d-^and the IndiBment failed to be found againji all but one : and I gave warrant to the Treafurers remembrancer of the Exche- quer, for a fpecialcommiffion to that purpofe ; and I advifed w/V/; Mr. Long, who were §tCommiffioners for that pur jjofe ; and after with M.r. Scrivener : and a Commiffon was granted to Gentlemen of very good quality, and an inqui- fnion is found and returned accordingly, whereby the King is intitledto the ^oods. I had warrant from his Aiajefy to bayl them : but for the manner of that, I muji crave leave to acquaint the Kmg therewith, before I anfwer any further. I under flood that an IndiBment was preferred againft three of them for Treafon, andl diddireB Mr. Long, that if the IndiBment fjjouldnot be found for Treafon, yet to tender them and all the refl the Oath of Allegeance, to bring them within the Kings mercy, upon a Premunire, if they pjouldrefufe the Oath : and I understood the Oath wasminifired tothem accordingly at that Seffions -, and I under f^ood after, that the IndiBment was found againji one of them onely to be a Priejt, and that the other were quit. Therefore receiving an exprejf commandment from the King for the bayling o\ them , I did conceive they were bayl able, which otherwife of my felf I would not have done : the Bonds I took, and keep them my felf , for thefurety, I refer my felf to the bond, and underjl and that fome of them were houfe-keepers in the Town. I gave ciireBions for IndiBment s to be drawn againji them , but I gave no fpecial direBtons,vphether it fjmdd be drawn asagain^ Jefuits or Priejis, but left that to the care of Mr. Long ; and did not then conceive there was any diffe- rence in the fubjlance of the IndiBment for Treafon between Priejis and Je- fuits. Icangivenofpecialreafonwhy I rather bound them to appear at the Coun- cil-Table then at the Seffions, but only this, becanfe I received myfrji dtreBt- om from the Council-Board. when the Sefjions was paji, I did enquire of Mr. Long what was the fucc^ •fthefe IndiBments : who informed me, that one only was found guilty of being a Priejt ; and thereupon I gave order for the Commifjion before mentioned to en- quire of their goods. P p p p And 4 <~ tinli. Sir T{pbert Heathlw an- fwcr concern- ing the profe- cution of the Prictts. dyo HtUorical CoUeBions, ■-■I,.. 1626. Lord ;;?[/"/* atteiwaris di- ■;da Papift. The Speaker retufesto put tha Queftion, Mr. Seldens Speech there- upon. The Speaker again rcfufeth to put the Queftion. Pioteftationin Parliament propounded whilft the Sj^eakerwas held in his chair. TheKlng fends theUl'herof the Lords Houfc. hejf i//t^f/u^>iiOuSi a/idtbeylurfenr Lrealc Pafliamems^ Uji Pailiamer/ts fljouLli hreak them : / pr^^ birr} the he.id of all the great party ^ the* FApi^U-^all ]:f.t- Us a/idPriefis derive ].'omhimtheir ^oelter and proteBton^ &c. A lictlc in- crrupcion being here given, he proceeded further in his Speech : and afterwards the Speaker was moved to put the Queftion tiienpropofcd by the Houfc j but he rcfufcd to do it, and Hiid, 1 hat be was otie/ivrfe com- ma/ided from the Ki/!g., Then faid Mr, Selde/?, Bare not you-) Mr. Speaker, put the Que^io/^ ivberivpe command you ^ ^f you ml/ notpttttt^nvemtfil ft fill ythii^ ire fhall never Le alle to do any th'ti''g . they that come ajteryou, way fay. They have tbi Kif.gs command r.o'. to do it : we ft here hy the command 0'^ the King under Hy.dfr the Great Seal, and you are ly his Majefly ftting in bts Royal Chair le- jore both Houfes, appointed our Speaker--, and now you rejufe toper\orni pnr Of pee. Hereupon the Houfe in fomc heat adjourned until iFednefday next. OviH^edncfday the 2 5 oiFehruary, both Houfes by his iMa jellies com- mand were adjourned till Munday morning the fecond of March. Mundaj the fecond of March, the Commons meet, and urge the Speaker to put the Queftion j who faid, / have a command from the King to adjourn till March the tenth , and put no Quffiion : and endeavoring to goout of the Chair, was notwithftanding licldby fome Members ("the Houfe forefecing a diftblution ) till this enfuing Protcftation was pub- liflied in the Houfc : vi^z. irhcfoever Pjall hring in Innovation of Religion-, or ly favour or countenance feekto extend or introduce Popery or Arminianifm, er other opinion difi- ireeing from the I'ruth and Orthodox Church, fhall he reputed a Capital Eneny to this Kingdom and Commonwealth. 2. Whofoeverfljallcontfel or advifethe taking axd lei:yi»g of theSubfidies ofTunntige and Poundage, noticing granted by Parliament.^ or ^jall he an ABor or Infrtw.ent therein, jl^allhe likewife reputed an Innovator in the Go- lernment, andCapital Enemy to the Kingdom andCommonwealth. 3 . If any Merchant or Perfon nhatfoever fl^all volu/iti:'i ilyyccld, or pay the faid Sukf dies of Tannage and Poundige-, not being granted by Parliament j he fl: all likewife bereputeda Betrayer of the Liberties oj England, and an Enemy to the fame. Hereupon the King fent for the Sergeant of the Houfe, but he wa*- detained, the Door being lockt 5 thcnhcfcnt the Gentleman- U flier of the Lords Houfc, with a Mcflagc; and he was rcfufcd adniictance,till the faid Votes were read j and then in much confufion the Huufe was idjourned to the tenth of March, according as it was intimated from lis Majcfty. Nevcrthclcfs his Majcfty by Pmclamation dated the fe- cond oi March, declares the"Parliamentto be diffolvcd. ThcpafTagcsofthis dayandthe preceding day in Parliament, arc hereafter more fully related in the proceedings in the Kings Bench. By the King. A Proclamation about the difTolving of the Parliament. Wj;ftca!ei mz fbj tlje general goott of our Ji^ingt}om,caufenour ^iS^ court of Parliament to alftmblc auH meet bp pjo?ogati= on' Htflortcal Coll eU tons. 6yi A B D on,tijc zrDapof I nu:irv laftpaft ; fitljcttcc ii3^(cl)time ti)c fame l^atl) bmi contmneD- 3liiD altl)on8l) m tl)i$ time bp H)e malcDo= lent Difpoficions of fomc lU nffccteD pcrCon^ of tl)C rpouCe of Co ii^ tnons?, n2)e Ijaljc IjaD fimtijtp 3iUft CauCcs; of offence auDDiaiUcof t^eic pioceeDtngg ; \Ktmz refoltjeD toitt) patience to tnetljeut= terniolt, Ixjljic!) r«e tlje catljet DiD, foj tl)5t U9e fount) in tl^at i^oute a great nuuibct of fobcc auD gcauc ^erfonsf. toell^affcctelj to lielt= gion anD vj^otjctanient; anD Dcftcous to p.ieferbe unitp anD peace in all partjsf of €)ur lungHoin. 3nD tl)ercfd?Cji)ai)ing on tDe h ve anD tvvcnuerh Daj) of 1 cb: u u v laft, bptl)Cun(fojm aWtc of our p^ibp council, cnnfcb boti) rpoufc^tobe aDiourneD until tljiisf pjefent Dap. Ijopingmtlje mean time, tljata better anD mo;te rfa^tunDer= (lanDing nngl)t be begotten bettoeen m anDtfje Q9emberi8(of tbat 5)ouf:,^i]crcbptl)i0 i'aiiinutntmigfjtfjabe atjapppenDanD iffue* auDfoitljc fime intent, naeDiD again tljisfDap connnanDtl^e lifee abiournmcnt tobemaDc, until tlje tenth Dap of tijifl! Month : Itfjatl) fo IjappjncDbp t!)e DifobeDient anD fcDitiousf carriage of tljof ^ faiD id affccteD pcrfong! of tlje Doufc of commonisfjCiat J©e, anD ©ur Ucgal autljojitpauD commauDmcnt, Ijabebeen fo Ijig^- IpcontetnneD, ajsour nu'iiglp Office cannot bear, no^anp fojtnicr age can pacaleU 3((nD tljcref oje it i$ Our full anD abfolute refolu= tiontoDilToibetljefame Paiiiamenr, ix)l)erfof naetl^ougljt gooD to gibe notice unto all tbe LojDg Spiritual anD 'Cempo^al, anD to ttje iAutgbts;, Citijengf, anDTBurgeffejaiof tljiiSp^efent Pui amenr, ^ to all otbeciS toljom it m?.p concern ,TOat tbcp map Depart about tbeir nceDful affairst, Ujitl)Out attenDing anp longer l^ere. i^eber- tbeijfst, ^z \3)i\i tbat tbcp anD all otljeriS (ball tafee notice, tljat mt Do, anDe\jcr toiiiDiainguilb bcttoeentljofe to^oljabe fljetueDgooD affcaionto Eeiigion anD sobcrnment, anD tljofe tljat Ijaue giben t^emfelncs obcr to faction, anDtoboojfe Ditlurbance to t^e peace anD gooD ojDer of ^ur Jtungtom* Given at our Court at Mi'tehAl^ tin's fccond day ot Af.ircb, in the fourth yccr ot Our Reign of Great Brit a/! ^ Ft&^ice and heUud, This Proclamation was not publiflicd till after the tenth oS. Atiireh. The day iollowing Warrants were dirtftcd from the Council to D.-'//-:.'/ Ho/^y Efq; Sir Miles Hohert^ Sir John El/iotj Sir Peter Hayma^, JohnSclderi'E(o^-, iVilUamCoriton^ iValter Lo/.^^, vyiWam Stroud^ Een]Artn/, r^/f/if/V/r^commanding their pcrfonal appearance on the morrow. At vvhichtime,Mr. //o//<'.fj Sir J jh// Elliot, Nh.Corritoi-i, Mr. f^ale/jti/ie ap- pearing, and rctiifing to anfwcr outof Parliament, what was faid and done ii.i Parliament, were committed clofe prifoncrs to the Tower, ani Warrants were given,the Parliament being ftill in being, for the fcalingupofthelUidiesof Mr. Holies, Mr. Selde/f, and Sir Joh^j Elliot: Mr. Lo/i^, and Mr. 5froWnot then, nor of fomc time alter appearing, a Proclamation iirucd out, for the apprehending ot them. On the tenth oi March, being fix days after the commitment of the fiid Members, his Majctly being let in t.is Royal Tnrone with his Crown on his head, and in his Robes, and the Lords in tlK-ir Robes al- fo : ) (-\i/clt. Warrants to apprehend fe vcral Mem- bers of Pailia. mem. 6'jz Hiflorical CoUeBions, An. 1629. The Kings Speech at the Diffolution of the Parlia- ' ment. (o : and clivers of the Commons below the Bar, but not ihciripcak- cr, neither were they called : his Majetty fpake as foUoweth. I Libels aft ibroad. Membcis exa- mined before the Lords of the Council. 5 Carol i. Aniio 1629. Qucftions propounded t< the Judo,es concerning the imprifoned Members. My Lords , Never came here aponfo unpleafant an occajiofi, it heing the efijjolutioa of a Parliament j therefore men may have fame caufe to veonder^ why I jhould mt rather chufe to do thif Ly Commifjio/ii it heing a general rnaxime of Kings, to leave har^j Conimands to their Miniflers, themfelves only executing pleajing things : yet conjidering that Juflice as well confijts in reward') and praife of vertue, as punifhing of vice ; / thought it necejjarj to come here to day, and to declare to you and all the world, that it was meerly the undutiful andfedt- tiouf carriage in the Lower Houfe, that hath made the dijjolution of this Parli- ament J andyoui My Lords, arefo far from being any caufers of it, that I take as much comfort in your dutiful demeanour^ as I am jujlly diflafled with their proceedings lyetto avoyd their miflalcings, let me tell you, that it is fu far from me to adjudge all the Houfe alike guilty » that I knew that there are many there as dutiful SubjeBs as any in the world , it being but fame few Fiptrs among them that didcafi this mi^ of undutifulnef over tnoft of their eys j yet to fay truth^ there was a good number there, that could not be infeRedwith this conta- gion ; i/jfomuch thatfor/ie did exprefs their duties infpeaktng, which was the ge- neral fault of the Houfe the Ujl day. To conclude, as thofe riper s muft look for their reward of puni figment : /bjoWjMy Lords, wuii juftly expeFi from me that favour and protecJion, that a good King oweth to his loving and faithful Nobility. And now, my Lord Keeper, Do what Ihave commanded you. Then the Lord Keeper faid. My Lords and Gentlemen of the Houfe oj Commons, the Kings Majefy doth diffolve thi( Parliament. Whilll the KinCT is preparing a Declaration of the caufes and mo- tives which induced him to diftblve this Parliament, let us fee what followed hereupon. Thedifcontentsof the common people upon this DiiToIution were hcightncdagainft the powerful men at Court, and the Kings moft in- ward Counfcllors : for fome few days after, two Libels were found in the Dean oi Pauls yard j one againft Bii"hop Laud, to this efteft ; Laud^ look to thyfelfy he afj'uredthy life is [ought ', as thou art the fountain of wicked- neJs',repentof thy mon^roui fins before thou be taken out of the world ; andaf- fure they felf , neither God nor the world can endure fuch a vile Counfellorot whifperer to live. The other was as bad aga inft the L, Treafurer Wefion. The King purpofing to proceed againft the Members of the Houfe of Commons who were committed to Prifon by him in the Star-Cham- ber, caufed certain Queftions to be propofcd to the Judges upon the 2 5 oiApril. ^%7Hereuponallthe Judges met at 5fr_g^4«fy-//z«f by command from hisMajcffy, where Mr. ^^fa^vii?) propofcd certain Qucftions con- cernirfg the offences of fome of the Parliament-men committed to the Tower, and other prifons: at which time one Queft ion was propofcd and refolvcd, vt^. That the Statute of 4 H. 8. 8. intituled. An Ad con- cerning Richard Strode , was a particular AB of a Parliament, and extender onely fo'Richard Strode, and to thofe perfons that had joyned with him to pre- fer a Bill to the Houfe of Commons concerning Tynners ; And although the Ah be private , and extendeth to them alone, yet it was no more then all other Par- liament-men hy priviledge of houfe ought to have , viz. Freedom oj fpeech con- cernino B D Hijlorkal ColleBwns, <7? B D cennng thofe matters debated in Parliame/it by a Parliamentary courfe. The reft of the QuQiViom^T.Atturney was vviflied to fee down in writing againft another day. Upon Mu/uky following, all the Judges met again, and then Mr.y^^ turr.e) propofed thefe Qucltions. 1 . lyheiher /j any Subjeti hath received probable Information of any Treafon or tyeacherom attempt or intention againfl the King or State , that SubjeB ought -/,ol to make k/iown to the King, or his MajejlieS Commiffioners , when thereunto he Pull be required, what Information he hath received, and the grounds there- of ^ to the end,the King being truly informed, may prevent the dan^^er ^ And if the faidSubjeSin fuch Cafe fljall refufe to be examined, or to anfwer the Que- fiio s irhich fljall be demanded of him, for further inquiry and difcovery of the truth, whether it he not a high contempt in him,pUf,ifhable in the Star-Chamber, as an ojfence againfl the general Juflice and Government of the Kingdom I Sol, The refolucion and anfwer of all the Juftices, That it is an offence puniiliablc as aforefaid/o that this do not concern himfelfjbut another, nor draw him to danger of Treafon or contempt by his anfvvcr. 2 . fvhether it be agood anfwer or excufe,being thm interrogated, and refufing to anfwer, toJ'ay,That he was a Parliament-man when he received this In- formation, and that he {pake thereof in the Parliamcnt-houfe j and therefore the Parliament being now ended , he rcfufed to anfwer to any fuch Qucftions but in the Parliament-houfe,and not in any other place? Sol. fo this the Judges by advife privately to Mr. Atturney, gave this Anfwer, " Tiiat this cxcufe being in Nature of a Plea, andanerrour " in judgement , was not punifliable until he were over-ruled in an or- 'f derly manner to make another anfwer • and whether the party were " brought in Orete.nn<,<:)v by Information, for this Plea he was noc to be •^f punillicd. 3 .whether a Parliament-man committing an offence againfl the King or Coun- cil not in a Parliament way, might after the Parliament ended,be punijhed or not? Sol. All the ][idgcs una voce aniwctcd. He might, it he be not pu- nfllied for it in Parliamentj for the Parliament fhall not give privilcdge to any contra morem Parliamentariu?n , to exceed the bounds and limits of his place & duty. And all agreed,That regularly he cannot be compelled out of Parliament to anfvver things done m Parliament in a Parliamen- tary courfe; but it isotherwifc where things are done exorbitantly, for thofe are not the Adls of a Court. 4. n4jether if one Parltament-man alone fljall refolve , or two or three fl^all Covertly confpire to raife falfe (landers and rumours againfl the Lords of the Council and Judges , not with intent to queflion them in a Legal courfe, or in a Parliamentary way, hut to blafl them , and to bring them to hatred of the people, and the G overnment in contempt , be punifljable in the Star-Chamber after the Parliament is emkd ? Sol, The Judges refolve that the fame was punilhableoutof Parlia- ment5as an offeiKe exorbitant committed in Parliament, beyond the of- fice ,and befides the dtity of a Parliament-man. Tiiere was another Queftion put by ^v. Atturney, viz. i}4)ether if a man in Parliament, by way of digrefflon^ and not upon any oc- cafion arifingconcerni'ngthe fame in P ariiament, fljall fay, The Lords 0] the Coun- cil and the Judges had agreed to trample upon the Liberty of the Subjett, and the priviMges of Parliament, he were puf>if\jable or not i The Judges dcfired to be fpared to make any anfwer thereunto , bc- caufc It concerned thcmfllvcs in particular. The 5 Caroli. <^7+ Hiflorical CoHeBions. Anfwer. Mr. St/oiid and Mr. Long brouoht] upon a Habeas (^o-i- pm. The next day Mr, Attumy put the Judges another Cafe. It is demanded of a Parliament-manj being called Ore tenm before the Court oiStar-Cbamier^ being charged that he did not fubmit himfclf to examination forfuch things as did concern the King and the Govern- ment ofthc State, and were affirmed to be done by a third perfon, and not by himfelf, ii he confels his hand to that refufal, and make his ex- cufe, and plead bccaufe he had privilcdg of Parliament ; ivhether the Court mil not over-rule this fleA as error/iom, snd that he ou^t to ma,ke a further a/, fiver. Itisthe jufteft way for the King and the party not to proceed O^f tenwi becaufe it being a point in Law, it is fit to hear Counfel betorc it be over-ruled j and upon an Ore tenw by the Rules of Star-Chamber^ Counfel ought not to be admitted ; and that it would not be for the Ho- nor of the King,nor the fatety of the fubjcft to proceed in that manner. Pafca 5 Car. upon a Habeas Corpui of this Court to bring the body of *T///Mw5/ro«ir/Efqj withthecaufeot his imprifonment to the Marfhal of the Kings Bench j It was returned in this manner. That Mr.William Stioxxdi was committed under rny ctifiody by virtue of a certain warranty under the hands of tivehe of the Lords of the Privy-Council of the King : the tenor of which Warrant followeth in thefe words. YOuaretotake knovfledge, that it is his Majeflies pleafure and command- ment, that you take into your cujiody the Body of William Stroud Efq; and keep him clofe prifoner tillyou fioall receive other order ^ either from his Maje fty or this Board j forfo doing, this P):iU be your r/ar/ant. Dated this 2 of April 162^. And the direftionofthe Warrant was. To theMar^}alo] the Kings Bench^or his Deputy. He is alfo detained in prifon by vertue of a Warrant under his Ma- jellies hand 5 the tenor of which Warrant followeth in thefc words. C.R. y^Hereas you have in your cuflody the Body of William Stroud Efq; hy fVarraUofOur Lords of our Privy-Council, by Our fpecial Command, you are to take notice, that this commitment was for notable contempts by him com- mitted againfl Our Self and Our Government, and for jlirring up [edition a- gainfi Us, for which you are to detain him in your cuftody,andto keep him clofe prifoner until Our pleafure be further known concerning his deliverance. Gi- ven at Greenwich, the 7 oiMay 1629.111 the 5 ycer of Our Reign. The direftion being, To the Marfhal of Our Bench for the time being, C^ h^efunt caufa captionts (sf detentionif preditii Gulielmi S troud. And upon another Habeas Corpus to the Marfhal of the Houfhold to have theBodyoff^^/ffj'Lo/ifEfqj in Court, it was returned according as the Return of Mr. Stroudwas. Mr. Ask of the Inner-Temple of Counfel for Mr. Stroud, and Mr, Ma- [on oi Ltncolns-Inn of Counfcl for Mr, Long, argued againll the infuffi- ciency of the Return j which with the Arguments of the Kings Coun- fel we here forbear to mention, left it be too great a divcrfion to the Reader from the Hiftorical part j yet thofc and other Arguments wc have neverthelefs poftponed at the end of this firft Volume, for the be- nefit of the Students of the Law : which courfeas to Arguments jr Law, wherein the Prerogative of the one hand, and Liberty and Pro- pcrticof the other hand are concerned, we purpofc toobferve in our next and other Volumes, as matter of that nature falls out in feries of Time. Tlie I Htjlorical ColleUtons, B c D i ^75 The fcvcnrh of May ^ an Intormationwas (.xlubucd ui ciic Scar- 5 Cuoh. Chamber ; which bccaufc it is a remarkable Proceeding, we give you hereaclarwc. Jovis Septimo die ^.J/V, A/ino Quimo Ca. K. To the Kings moft excellent Majefty , HUrnbly fhcwcth and informcth unto Your moft excellent Ma- jcfty, Siv Rolert: Heath Knight, Your Majcftics Attorney Gene- ral, tor and on Your Majcftics behalf jThat whereas by tlie Ancient arid Fundamental Laws of this Kingdom , the high Court of Parliament coniiftethof the Lords Spiritual and Temporal in the Lords Houfe,and of the Knights , Citizens and BurgeiTcs in the Commons Houfeof Parliament, and thofc two Houfes thus compored,do togetlicr make up that great and honourable Body whereof Your molt tXLcllent Ma jcfty , as the fuprcme Soveraign, is the head : and whereas the Power of fummoningand alfcmblingot Parliaments, and of continuing, rro- roguing, adjourning and diffolving thereof witnin this Realm at Your good plcafurc,is tiie undoubted Right of your Majcfty j and the Libtr- cyandFrceJomot Speech, which the Members of the faid Houfes ol Parliament have according to the Priviledgcs of thofc feveral Houfes, to debate , confult and determine of thofe things which arc propoun- ded amongft them, is, and ever hath been j and ought to be,Iimited and regulated within the boundsof Moderation and Modelty, andof that Ducy which Subjc6tsowe to their Soveraign : and whereas Your Ma- jeity for many weighty Caufes, and for the general Good and Defence of the Church and State of tliis Your Kingdom , lately fummoned a Parliament to beholden at Your City oi Wt'jfmir^jhr ^ the feventeentli day of Ala/chy in the third year ot Your Majcftics Reign, which con- tinued from thence by prorogation until the twentieth day of Jamary lart ; trom which day, until the twenty filth day ot February tollow- ing, the faid Houfes continued fitting. And although the great part ot theHoufeof Commons, being zealous of the Common Good, did endeavour to have effcded thofe good things for which they were called thither ; yet between the faid twentieth day of Ja/ji.ny , and the (aid twenty fifth day of Fehuary, by the malevolent Difpofition of fome ill- affcAed Members of the laid Houfe, fundry Divcrlions and Interrupt! ojis were there made , and many Jcaloufies there unjuftly raifed and nouriiliedjto the difturbance of thofe orderly and Parliamcntal procee- dings which ought to have been in fo grave a Council. During whic' . time of the faid laft meeting in Parliament, as afore/aid, fo it ii^, may iti plcafc your moft excellent Majcfty , tliatSir7c)f)«£///or Knight , then,| and all the time of the faid Parliament, being one of the Members ot the faid Commons Houfe, wickedly and maliiiouny intending, under a feigned Colour and Pretence of debating the ncceflary Affairs of the prefent eftaie , to lay a fcandal and unjuft Afperlion upon the right honorable the Lords, and others of your Majcftics molt l.onourable Privy-Council, and upon the reverend judges, and your Counfel learned, and as much as in him lay to bring them into tiie hatred and ill opinion of the people ^ after the faid twciitieth day ot Jdiiuary^d.wd before the faid twenty fifth day of Ff/zrw-i/'jlaft, did openly and pub- Q^c] q c] lick' An Intoimati on in i'tar- Chanibcra- oainft the Mcmbeis. Mu-V-ivenpOit T{p. Einlcy. Htncagc finch. mlliamHiidfoN An Informati- on in Star- chamber a - gainlliir Jo. Elliot, Sec. Ivl 6i6 Hiftorkal Collections . i^kly Hi tncianJHuu(L-ot Commons, tallly and maiitiouliy artirm, fhac your Maji'dics Privy-Council 5 all your Judges, and your Coun- lll learned , bad confpired togcdicr to trample under their ieet the Li- tuTtici of the {iiid Subjcits oh. this Realm , and the privilcdtes of iha. Houfe. And further : fo it is , may it pleafe your moft excellent Ma jcfty , that when your Majefty , uporuthc twenty fitch day of Feirua;)-^ had by Sir J(j';« Finch-, Knight, then Speaker of the faid houfe of Com- mons , fignified your Royal pleafure tothe faid houfe, that the faid houfe of Commons lliould he inftantly adjourned until the fecond da) of Jifarch then following, he the iaid Sir Johri Elliot , and Denzil HcUes Efquirc , Benjamin I'^aJ.mtiue Gent. H'j.lter Longe Efquire , v^'illiar.- Coii'iton Efquire, William Strode Efquirc , John SeUen Efquire, Sir Miles Hol^ert, and Sir Peter Hajrnan, Knights, all Members at that time of the faid Commons houfe, conceiving with themfclves that your Ma- jefty, being juftly provoked thereto > would fpccdily diflblvc that Par- liament ; They the laid Sir John Elliot , Denztl Holies , Benjamin Va- lentine^ Walter Longe.^ William Corriton^ William Strode^ John Selden^Sir Miles Hokrti and Sir Peter Hayman , and every of tliem, by unlawlul Confe- deracic and Combination between tbem in that behalf before had, die maiitiouliy rcfolvc, agree and confpire how and by what means before chat Parliament lliould be difrolved,they might raife luch falfc and fcan- dalousrumoursagainft your Majcfties Government, and yourCoun- fellours of Eftate attending your perfon , that thereby as much as in themlyeth, they might difturb the happy Government of this King- dom by and under your Majefty , interrupt the courfe of traffique and trade , difcourage your Merchants, and railc Jealoufies and Sufpitions in the hearts of your people, that the Sincerity of the true Religion profeffed and eftablifhed in this Kingdom was ncgleftcd : and in purfu- ance of this their Refolution and Confidence aforefaid , the faid Sir John Elliot y with the privitic and confcnt of the faid Denzil Holies , and all other the faid confederates, did pircpare a paper or writing,whcrcin he had written , or caufcd to be u ritten , divers falfe and Icandalous Aftcrtions touching your Majcfties Government, and touching the per- fons of divers of your Privy- Council, which he and they rcfclvcd,and confpired , and agreed , fliould be delivered into the faid houfe ot Commons , and there publickly read, to the wicked and feditious in- tents and pur pofcs aforefa id , and not with any purpofeor opinion that thofe things that were therein contained, if they, or any of them had been true , as indeed they were not , fhould or could be at that time entertained, or purfued in any legal or Parliamentary way, but meerly andonely to exprefs and vent his and their own Malice and Dif-affeftion of your Majefty and your happy Govern- ment. And your Majefty upon the faid fecond day of March now laft paft , having fignified Your Royal plcalure unto the faid Sir John Finchi then the Speaker of that Houfc,That the faid Houfe Should then be prefencly adjourned until the tenth day of the faid Moneth oi March, without any further fpecch or proceedings at that time ; and the faid Speaker then delivered Your Majcfties pleafure and com- mandment to the faid Houfe accordingly , and declared unto them Your Majcfties exprefs charge and command unto him j That if a- ny fhould notwichftanding difobey Your Majcfties command , that he muft forthwith leave the charge, and wait upon Your Majefty: unto which commandment of Your Majefty 3 and fignification ot Your Htjlorical ColleBions, <77 B C D E \ . ;i.r Royal plcalure iii that bciialt, tor a [)rc(cnt adjournment ot" the H yufe, the grcatclt number of the Mcmbrrrsof thatHoule, in their ci lyanJ AUegcancc unto your Ma jelly, were willing to have given a nidy Obedience, as the Lords Spiritual and Temporal ot" the Lords Houfe, upon the very famedayjupon the like (ignitication made unto cnem of your Majellics plcalure, by your Lord Keeper of your Great S>i:Q.\oi Eaglmdj the Speaker of that Houfe, had done : yet foit is. May it pleafe your moit Excellent Majefty, That the laid Sir John EUj- o^t for the fatis'fying of his own malice, and difloyal affcdions to your Majeity, and by the confederacy and agreement aforefaid, ahd in a high contempt and dilbbedience unto your Majefties command afore- faid, and witli fct purpofe to oppote your Majclties laid command,did Hand up, and icveral times offered to fpeak. Whereupon the faid Speaker,in obedience to your Majeities iaidcommandj, endeavoring to have gone out of the chair, the faid De/jzH Hollas, and Be-ajamin VnUn- ti/.e being then next the Speakers chair, and the one of them on the one hand, and the other of tnem on the other hand of tl.e Speaker ( where they lb placed themfelvcs of purpofe on that day ) out of their difo- bcdience to your Majeftie , and by the confederacy and agree- ment aforefaid, violently , forcibly, and unlawfully, and with purpofe to raife a tumult in the faid Houfe, kept and held the faid Speaker in the faid chair, againft his will ; and the faid Speaker a- gain endeavoring to leave the chair, and having then gotten out of the chair, they, the laid Dtnzil Holies and BiniximnVdentine laid violent hands upon the faid Speaker, forcibly, and unlawfully, and by llrong hand thruft him into his chair again ; and then the faid Sir Jo/;«£//pi again ftood up, and ufedthcfefpeechcs : (w^. ) " Wehave prepa- " red a fliort Declaration of our intentions, which I hope fliall agree <^' with the honour of the Houfe, and the Juftice of the King : and with chat he threw down a paper into the floor of the {aid Houie, dcfiring it might be read : and the (sLidDez-jZil Holies, Benj. Vahntine, and all other the Confederates aforefaid, in difobcdicnce and high contempt of your Majefties faid command, called and cryed out to have the fame paper read. But fome others ot the Houfe fpake to the contra- ry, that It might not be read 5 and the Houfe thereupon, by rcafon cf tliediforderly behaviour of the fa id Confederates,was much troubled, many prefling violently and tumultuoufly to have the faid paper read, and others dutifully and obediently urging the contrary, to the great difquiet and difcomtort of many well-atfc6ted Members of that Houfe. And the faid mlltam Corriton in this dil^emper demeaned him- fclffo palTionately and violently, that he then and there violently, for- cibly, and unlawfully, aflaulced and llroke mnte/ton-) Gent, then bein;/ a Member of the faid Houfe rand divers of the Members of the faid , fioufe being then defirous,and endeavoring to have gone out ot the faid Houfe, the laid Sir Miles Holert did of his own head, lock the doorot the faid Houle, and kept the key thereof, and imprifoned the Members of the faid Houfe, being then in the faid Houfe againll their wills, fo that none of them coufd go out. And the faid mlliam Strode, for the further exprcffingof his malignity and undutilulnefs towards your Majefty, and in purfuance of tlie agreement and confederacy aforclaid, openly moved, and with much earnetlnefs urged, that the faid paper or declaration might be firftread,cotheend(as lie then in great contempt of your Royal Majeftie faid ) that we, meaning the Members of the Q^q q q 2 houfe. 5 C\t/oli 67S Hiflorical Colleclions, An. \6i9 houfe, may not be turned ott like fcattered Ihccp, and fent home as vvt vverelaft Seffions, with a fcorn put upon us in print ; meaning there- by the words which your Majclly in your own Pcrfon fpake at the endincT oi the laft Scflion, and caufed the lame to be printed : and the faid5fVo«oWamongft o- thers did ftand up; and in this heat of contention and height of dilobe- dienccjby the confederacy atorcfaid to have the faid paper rcadjthc faic Sir Veter Ha)rnAn with rough and reproachful words, reproved the laid Speaker for being conftant and rcfolutc in his obedience to your Ma jefty, in not putting the reading oi the faid paper to the Qucftion; as by all the faid Confederates, wnhmany Rcafons and Arguments he was urged to do : and the faid Sir Feter Hajman then further faid,. That the {aid Speaker was made an Inftrument to cut up the Liberty of the Subjcds by the roots. But when by no means the faid Speak- er would be drawn to tranfgrcfs your Ma jellies Royal command a- forefaid, and left the faid^'papcr Aiould not be read, the faid Jo/m Sdden moved, that the Clerk oi the faid Houfe might read the famd : and when the faid Sir John Ell jot found that he and his Confederates aforefaid, could not procure the faid paper to be read ; he, the faid Sit Job/^Ellyoti to the end he might r.otlofc that opportunity toveni and publilli thofe malicious and feditious Refolucions which he and his Confederates had collc6ted, and prepared as aforefaid, took back the faid paper again^and then immediately in the faid houfcjfaid,///;^/^' «on exprejithdt hy fo^^gue'^rvbicb this ^aper ^:ouldhave done'^ and then fpake thefc words. « The mifcrablc condition we are in, both in matters ol "Religion and Policy, makes me look with a tender eye both to the " Pcrfon ofthc King, and tothcSubjeds : and then fpeaking of them whom he intended to be ill Inftrumcnts in this State, at whom he prin- cipally aimed, he faid, « There arc amongft them fomc Prelates of <' the Church, the great Bifliop o^PVinchelier and his icllowsjit is appa- " rent what they have done to caft anafpcrfionupon the honor, and " piety, and goodncfs of the King. Thefe are not all, but it is extended " to fome others, who I fear in guilt oi Confcicnce of their own dcfert, '' do joy n their power with that Bifliop and the reft, to draw his Ma- " jefty into a jcaloufieot the Parliament ; amongft thcmlfliallnot '« fear to nacre the great Lord Trcafurcr, in whofc pcrfon I {ear is con- " tradled all that which we fuffer. If we look into Religion or Policy, " I find him building upon the ground laid by the Duke o^Bucknghart, *=' his great Matter ; from him 1 tear, came thofe ill Counfels which " coniradled that unhappy conclufion of tie laft feffion of Parliament ; "I find that not only in the aifc£f ions of his heart, but alfo in relation " to him ; and I doubt not to fix it indubitably upon him : and fo from "the power andgreatnefs of him, comes the danger of our Religion. '« For Policy, in that great Queftion ot Tunnage and Poundage, the *f intereft which is pretended to be the Kings, is but the intereft of that '« perfon, to undermine the Policy of this Government, and thereby to " weaken the Kingdom, while he invites ftrangers to come in to drive "our Trade, or at leaft our Merchants to trade in ftrangers bottoms, '« which is as dangerous. Therefore it is fit to be declared by us, that all " that we fufFer,is theeffeft of new counfels,to the ruine of the Govern- ^'inent of the State j and to make a protcftation againft all thofe men, " whether' B D Htflorkal QoUeBions. ^79 B D " vvhccher greacer or fubordinatc, that they ihall all uc declared as Ca- «' pital Enemies to the King and Kingdom,that will peri wade the King -'« to take Tunnage and Poundage without grant of Parliamcntsand that " if any Merchants fhall willingly pay thofc Duties without confcntof « Parliament, they fliall be declared as AccelTaries to the reft. \A/hich Words of the faid Sir- John Elliot , were by him uttered as aforefaid, fallly , and malitiouUy j and fcditioufly , out of the wickednefs of his own artedions towards your Majcfty , and your gratious and religious Government, and by the Confcderacic, Agreement, and Privity of the faid other Confederates , and to lay a (lander and fcandal thereupon j and not with a purpofc,or in way to re£lific any thing which he concei- ved to be amifs,but to traduce and blaft thofe pcrfonsagainft whom he ;ad conceived malice j for fohimfelf the fame day in that houfe faid, md laid down as a ground lor that he intended to fay , " That no man •f was ever blafted in that houfe, but a curfe fell upon him. And further: foitis, may itpkafc your moft excellent Majefty, That when the laid Sir JolmEUiot had thus vented that malice and wick- ednefs which lay in his heart , and , as appcarcth by his own words, were expreffed in the faid paper which was prepared as aforcfaid , the laid iVdlter hmge , out of his inveterate malice to your Majclty and to your Affairs, and by the confederacy aforelaid, then and there faid,T/.'rt' nanifhoPjall gize aivay my Liberty and Inheritance (/ fpeak of the Mer- chants ) / note them for Capital Enemies to the Kingdome. And left tlie iiearers iViould forget thefc wicked defperate Pofitions laid down as aforcfaid , and to the end the fame might have the deeper im- preflion , and be t!ie more divulged abroad to the prejudice of your Majcfty J and of your great Affairs , and to the fcandal of your Go- vernment , the faidD^//z./7 Holies coUeded into feveral heads what the faid Sir John Elliothad before delivered out of that paper, and then faid, fVhcfoe-jer fljall couf.ftl the taking up of Tunn^ige and Poundage mthout .in Aa of PArlininent , let htm be accompted a capital Enemy to the King and Kingdom: And further : H'hat Merchant foever JJmU pjiyTunnage and Poun^Jige without an AH o\ Parliament , let him be counted a Betrayer of the Liberty of the SuhjeBs , and a Capital Enemy of the King and King- 'iom. Which Pofitions thus laid , the faid Denzil Holies neither be- ing Speaker, nor ftting in the Chair as in a Committee by dircifi- onof the Houfe, but in an irregular way , and contrary to all courfe of orderly proceedings in Parliament , offered to put thefc things fo deli- vered by him as atorefaid, to the Qucftion, and drew from his confede- rates atorefaid , an applaufc and aflent , as if thefc things had been voted by the houfe. And further : fo it is,may ic plcafe your moft excellent Majefty,That the difobedience of the laid Confederates was then grown to that height, diat when EdirardGrimjlon, the Serjeant at Arms then attending the"^Spcakcr of that houfe, was fcnt for by your Majcftic , pc rfonally to attend your Highnefs, and the fame was made known in the faid houfe, the faid Confederates notwithftanding at that time forcibly and un- lawfully kept the faid Edward Grimfl on locked up in the faid houfe, and would not fuffer him to go out of the houfe to attend your Majcfty: and whcnalfoon the fame day James y^^^x/r^/ Efquirc, the Gcntle- man-llflier of the Black Rod , was fcnt from your Majcfty to the faid from your Majcfties own CaruL . Commons houfe with a mcftage immediately <58o HtUorical CoUeBions, Proceed insjs in5tar-Cham bcrae;ainft Mr chambers. 1 His Aafvrei. jwii ptrlon, tncy the {.iid Contcdcracts utterly rciultd to open the door of the houfe, and to admit the faid James Maxvrel to go to deliver nismeflagc. After allwhichjthe faid houfe was then adjourned until the faid tenth day o{ March then following, and on the faid tenth day ot /l^. theCaufe came to be heard in the Star-Chamber, and the Court were of opinion that the words fpoken were a comparing of his Majeftics Government with the Government of the Turks; intending thereby to make the people believe that his Majeftics happy Government may bctearmed I'uriijh Tyranny j and therefore the Court fined the (aid A'fr. Chambers in the fum of 2000 /. to his Majeflics ufe , and to ffand committed to theprilbnof the Fleet, and to make fubmilTion for his great offence both at the Council-board, in Court of Star-Chamber,and at the Roy- al Exchange, There was a great difference of opinion in the Court about the Fine : and bccaufe it is a remarkable Cafe , here followeth the names of each fevcral perfon who gave fcntcnce , and the Fine they concluded upon, viz.. Sir Francis Cottington-^ Chanccllour of the Exchequer, his opini- on was for 500 /. Fine to the King , and to acknowledge his offence at the Council-board, the Star-Chamber-Bar, and Exchange. Sir 7 /:;o.i2/V);W/o«,Lord chief Juftice of the common plcas,5oo/. Fine to the Kiiig, and to defirc the Kings favour. Sir Nicholas Hide-, Lord chief Juftice of the Kings Bench550o L and to defire the Kings favour. TJir ^oIja/ roo/(', Secretary of State 1000/. Sii Humphry May, Chanccllour 1500/. Sir Thomas Edmons 2000/, Sit Edward Barret 2000/. Dodor Caroli. His Sentence. 6%z HiUorkal CalleBions, All. 1625). A rubmiflion tendrcd. His tefufal. Doftor iVM/jBilliop oS.winchelie»- Dodor Lm^.i Billiop of London Lord Carlm/j principal 5ccrctary of 5tate Lord , ChanccWouT oi' Scotla/^d Earl of Holland Earl of Doncafler Earl oi SalUhurj Earl of Dorfet ■ Earl of Suffolk Earl of Mountgomery^ Lord Chamberlain Earl oi-i4ru/'/del^ Lord High Marfhal Lord Montague Lord Privy Seal Lord ConfiOway^ Lord ivefloii Lord Trcafurcr Lord Coventry, Lord Keeper of the Great Seal So thefinewasfctlcdto 2000 1. 3000/. 3000 /. 3000 /, 2000 /. 1500/. 1500/. 1500/. 3000/. 3000 /. 1500/. 3000 /. 300c/. 2000/. 3000/. 1500/. And all ( except the two C liief Juftices) concurred lor a fub- mirtion alfo to be made. And accordingly the copy of the fub- mifllon wasfent to the Warden of the Fleets from Mr. Atturny General , to iliew the fuid Richard Chambers:, to perform and ac- knowledg it ; and was as foUowcth .• / R ichard Chambers of London Meychant, do humly ackr^onUdgei that whereas upon an Information exhibited againi^ me by the Kings Atturney Gene- ral, I was in Eafter Term lafly fentenced by the Honourable Court of Star- Chambcr, fvr that in September yjj// 1628. being convent^d before the Lords and others o\ hif Alajcjiiesmofl Honourable Privj-CouncH Board, upon fo'-yie fpeeches then ufed co>icerni/.g the Merchants of this Kingdom, and his Majejiies well andgracioM uj'age of them j didthn and there, in infolem,con- temptuoM and fedittom manner, jal/ly and malicioufly fay and afJir/Vy That they, niea/'.i/'g the Merchants , are in no parts ot the world fo skrewed and wrung as in England -^ and that in Turby they have more incourage- ment. And whereas by the fentence of that Honorai le Court, I was adjudged, among other punijjjmenis justly impofeduponme, to make rr,y humble acknow- ledgment ar.d fubmijiion of tl.Hf great o^ence at thif Honorable Board, before / jjyouldbe delivered out of the Prifon of the Fleet, whereto I was then commtted, as by thefaid Decree and Sentence of that Court, among other things it doth and may appear : Now I the faid^ich3.xd Chambers,/// qbedience to the Senter^ce of thefaid Honorable Court, do humbly confejs' andacknowledg the f peaking of thefe words ajorefiidfor the which I u as fo charged, and am heartily forry for the fame ; and do humbly befeechyour LordfloipS all to be Honorable intercejjors for me to hn Majesiy, that he would be graciou/ly pleafed to pardon that graet error and fault fo committed by me. \Vhen^y.Cfcj thcteventh betoremcntioned , by Authority ot " the faid Parliament, it was and is ordained and enaded, That hence- «c forward the Chancellour, Trcafurer ot England-, and thePrefidcntof " the molt honourable Privy-Council of the King attending his moft « honourable perfon tor the time being, and the Lord Keeper ot the " Privy-Seal of the Lord the King, or two of thcm,calling to them one "Biiliop and one temporal Lord of the motl honourable Council oi « th.e Lord tl>e King , and two chief JulUces of the Kings Bench and «i: Common Pleas lor the time being,or two Juftices in their abfence, by '' any Bill or Information then after to be exhibited to tiie Chancellour " of England, the Treafurcr, the Prefidentot the faid moft honourablc " Council of the Lord the King, or the Keeper of tlie Privy-Seal of the « Lord the King for the time being, for any mifdemeanour in the aforc- " faid Statute ot King He/,ry the feventh aforefaid before recited, from «^ henceforth have full power and authority of calling before them, by " Writ or by Privy-Seal, fuch Malcfaftors,^ ot examining of them and " others by their difcretion , and ot punilliing tliofe that are found de '= fe(ftive according to their demerits. According to the form and ef- « fed ot the faid Statute of the aforelaid Lord King He/.rj the feventh, « and of all other Statutes thereupon made not revoked and expired, in "the fame manner and form as they might and ought bepunilhedit «^ they were convidcd according to the due order of thc^awsof tlu "faid Lord the king. And by' the aforefaid Writ under the toot ol " the great Seal , it manifefty appears that the faid Fine was impofed " by the Lord the king and his Council , and not by the Legal Peers ol " tlic faid RtchardChamliers, nor by the Law of the Land, nor according "to the manner of the pretended offence of the faid Richard Chaml>en. « nor faving unto him his Merchandize , nor for any offence mentioned Rrrr2 "ir 5 Carcli. H.8.1I. 6S6 Hiflorical CoUeWwns, An. 16^9 \6i^.\6 J'iiU tondon. Order in the Exchequer. Mr. chancers brought by a •' ill iLie faid Scacuccs: all and lingular the vvnich, the laid RichardCbam- '« bers is ready to verific to the Court,(^V. and demands judgment ; and '« tliat he be diltharge of the faid 2000 /. againft the fa id Lord thi " now King j and that as to the premifes he may be difmiflfcd from 'f this Court. Waierhou^e. With this Plea, he annexed a Petition to the Lord Chief Baron,and alfo to every one of the Barons, humbly defiling the tiling of the Plea, with other Reafons in the manner of a motion at the Bar, bccaufc he faid Counfel would not move, plead, nor fet hand to it, as turther a ppcareth. The Copy of the Order upon Mr. Atturneys motion in the Exchequer, the 17 fuly i^ip. after the Plea put in, and order to file it, Ter the Lord Chief Baron. T Ouchhigthe Plea put into this Court ly Ricliard Chamber?, to difcbargi himfelj.of a fineof 2000 1. fet on him in the Star-Chambcr, For^f- rnuch as Sir Robert Heath K /light, his AdAJepes Atturney General, i/j^orrn- ed this Court, that the faid C hambers in his faid Plea ncitis diners StatutfS 4^/,s? Magna Charca, andwhat offerees are fur.if\jalle //2//.v Star-Cham- bcr, and hovp the proceedings ought_to le 5 and upon the nhcle matter concludes-) That the faid fine was impofed by the King and his Council, and not by a Legal judgment of his Peers, nor by the Laws of the Land, nor according to the manner of his offence, nor (aving his Merchandizejnor for any offence mentioned in the faid Statutes ; which Plea Air. Attur- ny conceiving to be lery frivolom andi/.fufficient^and derogatory to the honour and jurifdiHion oj the Court of Star-ChawbcTi Hun^lly prayeth^rnight mtk alloxredofj norpled .- It is therefore this day ordered. That the faid Plea fhall ie read on Saturday next, and then uponhearing the Kings Counfel, and the Counfel of the faid Kkhatd Chambers, this Court roill declare their further order therein 5 andifi the mean time the faid Plea is mt tole pled nor delivered out. In Michaelmas Term following, Mr. Chamters was brought by a Ha- beas Corpui out of the Fleet : and the Warden did return, cc •p'Hat he was committed to the F/^ft by vertue of a Decree in the 'f X Star-Chamber, by rcafon of certain words he ufcd at the Council " Table, ( viz. ) That the Merchants of England were skrereed up here in " England, wo/^fk/i/'/iTurky. Andtorthefe and other words of de- " famation of the Governmcnt,Jie was cenfurcd to be committed to the « Fleet, and to be there imprifoncd until he made his fubmiflion at the "Council Table, and to pay a fine of 2000./. And now at the Bar "he prayed to be delivered , becaufe this Sentence is not warranted " by any Law or Statute : For the Statute of 3 Henrici'j. which is the " foundation of the Court oi Star-Chamber, doth not give thtm any au- '•thority to punifh for words only. But all tie Court informed him, « That Hijlorical QolleUions. 6%y ," That the C cure ot Scar-Cnaniocr was nut cadtcd by tne :>tacuicot 5 canli. «' 3 //.7. but wasa Court many years before, aiidoncof themofthiCTh " and honourable Courts of Jult kc : and to deliver one wlio was com- I " mitted by the Decree of one of the Courts of Juftice , was not the u- ■ " fage of this Court ^ and therefore he was remanded. Asa concurrant proof of thefe Proceedings concerning Mr. Chambers welliall inferthcrc a Petition of his (though out ot time") to the I Long Parliament , and atterwards renewed to the iuccccding Parlia- Iment ; inz-. To the Parliament of the Qommonvpealth of Eng- land, Scotland and Ireland. rhe brief Remonftrance and humble Petition of RicbardChamhers Mer- chant, late Alderman and Sheriff of the City of London : n H VV I N G J THat in the Parliament held in the years \62j and iSzSyitivas voted and declaredly the honourable houfe ofCornmonsy I hat tphojoezer jhall coun- jel or ad'jife the taking or levying of the Subfidie of Tonnage and Poundage -^ not ir anted by Parliament, or fhaU.be any AElor or Infirnment therein , fjjallbere- medan Innovator in the Government :y and a capital Enemy to the Kingdom and CommonrpeaUh ', and ij any Merchant or perfon whatfoevfr- fhall voluntarily yildorpay the [aid Subfidie of Tonnage and Poundage .y not being granted by Patliamef't -i they fhalllikewife be reputed Betrayers of the Liberties of 1[LV\2^- \and,and Enemies to the fame^as may appear Ij the fatd Order upon Record. Infuhmiffion and obedience irhereunto, the Petitioner firft oppcfedandwith- {lood the payment of Tonnage and Poundage {until they were fetled by Parlia- ment ) and all other illegal Taxes ; for which fubmiffion an d obedience ■, in the )ears 162Z, and 162^ , the Petitioner had j 060 pounds of his Goods wrong- fully taken and detained from him by the late Kings Officers andFarmers of the Cuflome-huufe of London for pretended duties , and a heavy Sentence and Fine in the Star-Chamber , which was impofed upon him in the year 1629. be fides which loJJ'es^the Petitioner further fufferedin hifperfon by fix whole years impri- foument in the Fleet , for not fubmitt ng to that Sentence and Fine : and in the year 1^37 ^nine moneths imprifonment in Newgate ]or withflanding fl)ip-money: by which lofjes and imprifonment s , the Petitioner was put by the exercife of his calling , and was wounded in his credit and reputation. tvhich f"ff'^ri''igs the honourable houfe of Commons (upon the Peticners complaint in the year 16^0 ) taking into their grave confulerations , were pleafed to refer the examination thereof to a Committee of 5 o Members-, where- in were included the Committee for the Navy andCufloms j who being well fat is - fled of the truth thereof , by oath , and other good fufficient proofs upon Record, drew up their Report, That the Petitioner ought then to have i 3 6 8 o pounds in part of Reparation , leaving the reft oj thofe Reparations to the further judgement of the honourable Houfe 3 as by the annexed Copy of that report may further ap- pear. Inpurfuit of which report, the Parliament then levied and received from the old Farmers and Officers of theCuftoms 50 thouftnd pounds for wrongs and alu- fes done to the Petitioner ( chief y ) and other Merchants, intending firji to I . S.ive His Petition to the Pailia- msnt. 6U I HiHorical ColleBions, >iie to ihe Peutioher fmsfaiJior/ out of the fame , because be was theprjt man that oppoffd the pi^etef.ded (lutieSi ^''^^ thegreateii fu^erer. Wbereupo/i, hi the year l ^42 . the Petit mier was chofen Alderman j and in the year \6/\^. Skenjf of the City of London: which places the Petitioner ( ar/.eflly e/uleazoured to jhun ; lutfuch were the earneji irnpo/tu/.itjes, and.per- fwafne encouragements of divers Members of the honour alle Houfe , (ir/;o then de fired to have the Petitioner in place of trufii for his former ferrice to the Ccnmonwealthyhat the Petitioner was con f rained to accept not onely of the place of Alderman', but further underwent the office and charg.' o\ SheriQ of Lon- don, which food the Petitioner in 4000 pounds that year. But notwithfandtng the aforefiid promifes and intents of the Parliament to give the Petitioner fatisfaBion , fucb were the great compulfive exigents , and urgent neceffjties of tkofe timeSy caufedby thepublick diflraBionS, that the faid monies were converted to the publick ufe ', therefore the Parliament depredthe Petitioner to have a little patience, promifmg himfpeedy fatiffaflion as well for the forbearance as for the principal debt : but the di fractions continuing^andtbe Petitioner had neither interefi nor any part of his principal , the Parliament in the year i ^48 in part of fatiffaBton , fetledthe Petitioner in the office of Sur- veyor a'ndCheck tn the Cuflom-houfe of London, then worth at leaf 600 pounds per annum ; but the Petitioner having enjoyed that place onely eight months, was caufle/lj outedby finifer information of intruders, who have enjoyed that of- fice, and divided the profit thereof between them ever fine e that intrupon. Moreover, the Ixte King by Privy Seal , owes to the Petitioners wi\e ( who is the ReltB of Mr. Thomas ¥circt) for Linen Cloth 'yooo pounds , and for money lent 1200 pounds, for which fhewas affigned fatif\aBion out of the Cujioms of Tobacco ; befides,jhe was further affigned out of Sir Thomas Dawes office 100 marks pet annum : all which debts likewife lie wholly ur.fatisfied, to the Petitioners great prejudice. Befides the aforefaidlojjes, hinderances, expences, fujferings, and forbearan- ces of the profit of the faid Office , the Petitioner from time to time hath laid out himfelf for the common good, in aUi»g, lending, fpending, ( and ferving ) when others refufed ; expofed himfelf to that eminent danger at Bran tbrd , by leading out a Troop of Horfe for the PrivHedges , Liberties and Rights of the Ctty of London and Commonwealth, infomucb , that thereby , and for want of his fat iff anion aforefaid, the Petitioner having c on fumed his Efi ate , hath been confirainedto fell and morgage fome part of his Lands to pay Creditors , and to maintain his Family , having a ivife and nine Children j and is likely to be un- done for obeying the Parltamenls Commands , unlefs by the jufiice and commife- ration of this honourable Afj'embly he be fpeedily relieved and righted , for that ever fince the faid reported fum , the Petitioner from time to time hath made his humble addreffes to the fupreme powers for the time being , for fatisfaBion thereof ; and to be refiored to the faid Office, but could not prevaile. The Petitioner therefore humbly prays. That he may not pcriili foraftingforthc publick good according to t!.c Declaration oi Parliament, but that now after 2 6 years fuftcring,where- of twelve years in fruitlefs and wcarifome waitings , this honourable Affembly would now be pleafed to take the un- parallel'd fuffcrings of the Petitioner into their grave conii- derations , for fome fpcedy courfe for the Petitioners fatis- faftion, to pay liis Debts, and redeem his Lands,by ordering him the one moyctyof his Debt in ready money out ot the dayly cuftoms of London , ( from whence his firit lofTcs and fuffe- A B C D Hiflorical QolleBions, 6^9 B D luttL-nngs Iprang ) aad tlic otlicr nujity to be dilcouiptcd up- 5 Caycl'. on fuch Goods as the Pcticioner iLall make entries of by Exportation or importation in the Cuftomc-houfc Londo/i^i until his debt with the intcrcft be fully latisficd and paid ; or any other fpcedy way, as in your grave vvifdoms (liall fecm meet ; and in like manner for his wives Dtbt^which is to pay Debts and Legacies : and that the Pctitipner may forth- with be reitoredto, and letlcd in the faid Olficej and have Reparations from the Intruders. And the PeUtioner with hlijfl;all as in all duty ever pray^S^c. ^ept.6. 1^54. Richard Chambers, The Petitioner being wearied out with twelve yeers attendance upon )ne Parliament, in hopes of reparation for his imprifonment, troubles, andloflcs, during the eleven years former interval of Parliament, in iandingfor the Liberty of the Subjed, grew infirm j and being not re- lieved, was reduced to a low eftatc and condition : he died in Summer 1558, being about the ageoffeventy years. Trinity^ 5 . Car. Bmco Regif. The firft day of this Term upon a Habeas Corp-M to Sir Allen Apfley the Lieutenant of the Tower, to bring here the body o[ John Selden Elqj vi'ith the caufe of Dctencer : he returned chefamecaufc as was in Mv.Stroods Cafe. And Mr. Littleton o^ the Inner-Te/nple, of Counfcl with Mr. Selden j moved, that the Return was infuificient in fubftancc 5 therefore pray'd, that he might be bayled ; and {aid, that it was a matter of great conlequenceboth to the Crown of the King, and to the Liberty of the Subject. But as for the difficulty of Law contained in it, he (aid ( under favour ) the Cafe cannot be {'aid Gf-and. And fo proceeded to his Argument ( which fcr the Rca- fons before mentioned, we have poftponed ) and concluded, that the Prifoner ousht to be bailed. The fame day Sir A'fdes Hubhordi BenjammFalentine^ Denzil Holies^ Efc|; were at the Bar upon the //rf^<'4jC(3/'^f«, dircdcd to feveral Pri- fons. And their Counfel were ready at the Bar to have argued the Cafe for them alfo. But becaufe the fame Return was madeVor them as for Mr. 5f /«,!'« , they all Declared, they would rely on this Argu- ment made by Mr. Littleton. Some few days after, Sir Robert Heath xhcKvngs \nm\\':y General irgucd, that this Return was good jand that Mr. Selden and the rcrt of the parties ought not to be bailed ^and that within the Return there ap- pears good caufe of their commitment, and ol their detaining alfo. He laid, The Cafe is great in expcdation & confequcnce, and concerns the Liberty of the Subj^d on one part,whereof the Argument is plaufible j and on the other part it concerns thefafcty and Soveraignty o'i the King, which ( he faid ) is a thing of greater weight j and tliat the con- fiJerationof both pertains to you the Judges, without flighting the one, or too much elevating the other : and fo proceeded to his Argument ( ot which more at large hereafter ) and concluded, that the Prifoners ought to be remanded. VV'hcn the Court was ready to have delivered tleir opinions in this great bufinefs, the Prifoners were not brou<2;ht to the Bar according to the His death. Mr. Selden brought upon a Hak-.n Cor- 690 HiUorkal CoUeBions. ^ri. 1626. A letter from the King to the Judges. Che Kulc ot the Court. Therctore Proclamation was made, tor the. keepcrsofthefcveralPnfons to bring in their Prifoners ^ but none of' rhem appeared, butthe Marfhal of the Kings Bench: who informed thcCourtj that Mr, StrW who was inhiscuftody, was removed yc- tterday, and putinthe Tower of LoWo^ by the Kings own warrant ; and fo It was done with the other Prifoners, for each ot them was re- moved out of his prifon iw which he was before. But Jiotwithftanding, it was pray'd by theCounfcl for the Prifoners,that the Court would de- liver their opinion as to the matter in Law: but the Court rcfufed to do that, becaufe it was to no purpofej for the Prifoners being abfenr, they could not be bailed, delivered, or remanded. The evening before, there came a Letter to the Judges ot this Court from the King himfelt, informing the Court with the Rcafons, where- fore the Prifoners were not fuffcredtocomeat thcday appointed for thcrefolution of the Judges, Thefe were the words of the Letter. A To our Trufty and welbeloved. Our Chief Juftice, and the reft of Our Juftices of Our Bench. C. R. TRui^'j and welbeloveci^ we Greet you well : ^vhereas bj ourfi^ecial command- ment we have lately removed Sir Miles Hubard, Walter Long, and William Stroud ^rom the feveral prifons where they were formerly committed-^ andhave nowfent them to our Tower of London \ underflanding there are va- rioui conjiruHions made thereof ^ according to the feveral apprehenfo/,s ofthofe whodifcourfeofity asif we had done it to decline the courfe of JuHice : iVe have therefore thought ft to let you know the true Reafon and occafon thereof j as alfoywhy we commanded, tbofe and the other Prifoners fjjould not come before jou the lap day : fi^e ( having heard how mofl of them a while fince did carry themf elves infolently and unmannerly both towards w and your Lordfjjips) were and are very fenfible thereof j and though we hear your [elves gave them fame udmonitionfor that mifcariage^yet we could not but refent our Honour -^ and the Honour of fo great a Court o\ JuB^icefofdr, as to let the world know how much we diflike the fame : And having underftood that your Lordfiiips and the reji of our Judges and Barons of our Court of Common Pleas andExchequer (whofe advi- ces and judgments we have de fired in this great bufineJi\fo much concerning O'lr Government) have not yet resolved the main Quepion, we did not think the pn fence ofthofe Prifoners necejjary j and until we fl)ould find their temper and ■lifrretions to be fuch as may deferve it, wen- ere not wtllirig to afford them fa vour. ISleverthelef, the refpeSl we bear to the proceedings of that Court, hath caufed us to give way, that Selden and Valentine fhould attend you to morrow, they betngfufficient to appear before you, fine e you cannot asyetgiie any rtfolute ^uptfiioninthe main point in Quefiion. Given under our Signet at Our Mannor at Greenwich^ this 24 Junii, in the 5 ycer of our Reign. Within three hours alter the rcceit of thofc Letters, other Letters were brought unto the faid Judges, as followcth. To B D F Htjlorical QoUeBions, 6^1 B D , To Our trufty and well-beloved , Our Chief Juftices, and the reft of Our Juftices of Our Bench. C. R. TRujiy andrcell-helo-^ed , we greet you mil : J-P'hereas iy our Letters of this d^ysd.ite.) i^egaze you to UMifrjlar^id our pleafure, That of thffe prifoners ihich by our Commandinent are kept in our Tower of London, Scldcn ^W Va- lentine [jjould le Ir ought to morrow before you ; mit> upon more mature Delibe- ■ation, we hai^e refolved^ That all of them [Ijall receive the fame treatment-)and :bat nofte fi^all come he\ore you, untilwe have caufegiymui to believe they will nake a better demofiflration of their Modejiy and Civility both towards m and pur Lordjjjips the ft at their lajl appearance they did. Given under our Signet at our Manner at Greenwich, this 24 day of June, in' the fifth year of our Reign. So the Court this Term delivered no opinion, and the imprifoncd Gentlemen continued in reltraintall the long Vacation. Note: That in this I erm a Habeas Corpm was prayed tothePurfe- vantof Arms tor four Conftables of Hertfordshire , to whofe cuflody chcy were committed by the Lords of the Privy-Council ; and the Ha- beas Corpm was granted on their behalf : but then they were committed rothcCuftody of other Purfevantsj and fo upon every Habeas Corpit* chey were removed from Purfcvant toPurfevant, and could have no fruit of their Habeas Corpus all this Term. There wanted not fomej who upon the Kings difTolution 61 this Par- liament, and his ill fucccfs in two former Parliaments , did advifc that his Ma jeftie for the future j might be no more troubled with the impcr- tinencies of Parliaments j holding out lor example the like difcontinu- anceof affembling the three Eltates in Fra/ice, which was in timea- bout four years before the blazing Star, by Lwif the eleventh Kingot France, wlio by rcafon the third Eftate reprcfenting the Commons did tncroach ( as he declared ) too much upon the Clergic and Nobility, the King diffolved that Parliament of the three Eltatcs, and never had a free Eledion of the third Eftate afterwards , but ordained ano- ther kind of meeting inftead thereof, which is called L' affemblides N'o- talles , An affcmbly of certain eminent perfons of his own Nominati- on ; whereunto he added fomc Counfcllour out of every Court ot Parliament : there being eight in all in France , and being few in num- ber, and of iiis own Nomination, would more readily comply with the Kings propofals , and notdifpute his will and plcafurc, as the general iflembly of three Eftates had wont to do when the King trenched upon che liberty and property of the Subjcift : which alteration of the Go- vernment, as to the third Eftate, hath ever fincc cxpofed the Commoni to much vafTalagc and mifery , as at this day is apparent by the mean- ncfs of their livelyhood, and wearing of wooden ilioes. That which gives us occafion to mention this laft particular,is a little 5 Caroli, Another Let- ter. V Ancmbli dci NocabLcb. 69^ Hi^orkal ColleBions, dn. 1626. M-cttcr to the Judges. TheKiivs; con- fers with fome of them. Motion to bai the piifoncis. fraft compolcd to che laid end and purpofc, and which did this Trini-i cy long Vacation walk abroatl, and went from 1 and to hand, fomctime at Court, ibmctiiiie in the Country, and fometime at thclnncs of Courts which wc here fet down veriatim in the Appendix, that the Humour of the Author thereof may be the more clearly difccrned : and when we come to its proper time and place , you {hall fee what fucccfs this Pamphlet had, when it was queftioncd in the Star-Chamber. Towards the latter end of his Vacation, all the JufUces of the Kings Bench, being then in the Country , received every one of them a Let- ter to be at Sergeants Inne upon Michaelmas day. Thcfe Letters were (rom the Council-Table j and the caufc exprcffed in them, was. That his AiJifjJy had prefe/it and urge fit occafion to ufe their feriice. The Judges came up accordingly on Tuefday being Michaelmas day. The next mor- ning atout four a clock, Letters were brought to the chief Juftice from Wir.Trumbal Clerk of the Council then attending, that he, and Judge vyhitlock-) one of the Judges of that Court, fhould attend the King that morning fo foon as conveniently they could ; which the Chief Juftice and that Judge did at Hamptor, that morning , where the King taking chcm apart from the Council , fell upon the bufincfs of the Gentlemen in the Tower, and was contented they fliould bcbayled notwithftan- ding their cbftinacy in that they would not give ttic King a Petiti- on, cxpreffing, That they nere forry he was offe/ided nith them : he ilicwcd his purpofc to proceed againll them by the common Law in the Kings Bench, and to leave his proceeding in the Star-Chambcr. Divers other matters he propofed to the faici judges by way of advice j and Teemed well contented with what they anfwercd , though it was not to his mindc ^ which was, That the offences were not capital , and that by the Law the prifoncrs ought to be bailed , giving fecurity to the good behaviour: whereupon tlic King told them , That he would never be offended with his Judges,fo they dealt plainly with him, and did not an- fwer him by Oracles and Riddles : both ihefc judges did at that time what good oihce they could to bring the King on to heal this breach. The firft day o{ Michaelmas Term it was moved by Mr. Mafon to have he Refolution of the Judges ; and the Court with one voice faid , That hey are riorv content that they jjjall /^e bayled-^ but that they ought to jinde fure- ties alj'o for the good behaviour ; and jorses Juftice (aid^That fo it rvas done in the Cafe ipfjich had been often remembredto another pypcfe^ tiroiriti Rullels Cafe i„ 9 E . 3 . To which Mr. Selden anfwered , ( with whom all the otiicr prifoners agreed in opinion ) That they have their fureties ready for i he bayl , but not for the good behaviour ; anddejire that the bayl might jirft be accepted^ and that they be not urged to the other j and that for thefe Reafons : Firjl , the Cafe here had long depended in Court ( and they have been impri- soned for thefe thirty weeks ) and it had been oftentimes argued on the one fide .uidthe other '^ andthofe that argued for the King.) ahvaies demanded that we fljo/ildbe remanded', and thofe which argued on our fde^ de fired that we might be bayled or dif charged : but it was never the defire of the one fide or the other that we fljould be bound to the good behaviour. And in the lafi Term four fe- ver al days were appointed \or the Refolution of the Court , and the fole point in que{\ion was -i If baylable or not j therefore he now c^efires that the matter of bayl and of good behaviour may be feteredy.and not confounded. Secondly, beeaufe the finding of fureties of good behaviour is feldome urged upon j Htjlorical QoUeBions, upon RfturMo^Felo/'tes or irenfons. A/.dit is iutantm^iicMionu^o,t che Return , th^t we are culpable of thofe matters which are ohjeQed. 3 . W(? demand to he bailed in point of Right j and if it ie notgrantalle of ; Right :> rve do /'•ot demand it : hut the pndi/.g of Sureties for the good behaviour if a point of difcretion meerly j and we cannot afj'ent to it ^without great offence to the Parliament^where thrfe matters which are furmifed hy the Return were aBed'y and hy the Statute of Of Hen. 8. all punijhments of fuch nature are madeioyd and of nofie e^eEl , Therefore^ !kc. Curia. The Return doth not make mention of any thing done in Parti amenta and we cannot in a judicial way take notice thatthefe things were done in Parliament. Andhy Whitlock, ihefurety o\ goodhehaviorir, is as a presenting medicine B of the damage that may fall out to the Commonwealth j and it is an AH of Go- vernment and jurifdiBion:, and not of Law. Anij ly Ciook, It is no incon- venience to the Prifoners :for the fame haylfuffceth^andaUfhall he nritten up- on one peece of parchment. And Heath Atturney General faid, That hy the commando] the King he had an information ready in his hand to deliver in the Court againft them. Hide Chief Juftice : ff now you refufe to find fure- tiesfor the good behaviour^ and he for that caufe remanded j perhaps we after- wards will not grant Habeas Corpus fo*' _)<>», tnafmuch as we are made ac- ^uaintedwith the caufe of your imprifonment. ^/fc/y the Kings Sergeant offered his own bayl for Mr. //o/Z^-j one of the Prifoners ( who had married his daughter and heir. ) But the Court refufcd it J for tt is contrary to the courfe of the Court j unlejTthe Prifo- ner himflf will become hound alfo. And Mr. Long that had found fureties in the Chief Jufticcs Cham- ber for the good behaviour, refufed to continue his fureties any longer, inafmuch as they were bound in a great fummc of 2000 /, and the good D behaviour was a ticklifh point. Therefore he was committed to the cuftodyof the Marllial, and ail the other Prifoners were remanded to the Towcr,bccaufe they would not find fureties for the good behaviour. Accordingly the fame Term an Information was exhibited by the Atturney General againft Sir John Elliot-, Dentil Holies, Sir Benja- min Valentine, reciting. That a Parliament was fummoncd to be held at H^ejlminfier, 17 Martii tertioCaroli Regis-, ibid, inchoat. and that Sir John Elliot was duly eledled, and returned Knight for the County ofCornwat, and the other two Burgcflcs of Parliament for other places : and Sir John Finch chofen Speaker. That Sir John Elliot machmans ^ intendens-, omnihw vOs (ff modif^fe-- minare^ excitare difcord, evil will, murmurings and (editions, as! well verfits Regem, Magnates-, Prcelatos, Proceres ct* JujUciarios fuos, quam- inter Magnates-, Proceres-, ^ Jufliciarios, (jf reliquos Subditos Regis-, ^ tota-. liter dfprivare ^ avertere regimen & gubernationem Regni Anglia:, tarn in Domino Rege^ quam in Conciliariis ^ Minifitig fuis cunifcunque generU ; Cff introducere tumultum (st confufionem, in all Eftates and pares, ^ ad intenti- oricm. That all the Kings Subjcfts fhould withdraw their affcftions from the King. The 2 3 of February Ann. 4 Carol, in the Parliament, and hearing of the Commons, falfo, malitiofe (^ fetiitiofe, ufed thcfe S f 1 f 2 words, ^91 5 Card. An Infornittti-: on exhibited in the Kings Vicnch againfl \\xJo\m tliiol, Sic. ^H HtUorical ColleBions, A,t, 1626. The Plea of Sir lob'itUiot. Mr Walter Load's Cafe in the Star- Chambcr. vvorub, ilJeK-ings Privy Cou/icti^ his Juiiges^ a/ddhis CowfdleArf'fd^ havei c Of Spiyed together^ to trample under their jeet the Liberties oj the Sidjetls ofthtf Realm, A/jcI the Liberties of this Httij'e. And afccrvvarJsupon th.c 2 ot A'larchy Ana. 4. afortfaid, the King appointed the Parliament to be ad- journed until the i o q^ March next ibllovving, and fo lignified his plea- lure to the Houfe of Commons : and that the cliree Detendants th.e faid i day ol March 4 Car. malttiofey agreed, and amongft themfelves confpi- red to dil\urb and diltraft the Commons, that they (hould not adjourn chemfelves according to the Kings pleafure before iigni fied 5 And that the faid Sir Jo/;/; f/'/s^j according to the agreement andconfpiracy a- forefaidj hiad malicioufly 1// propojitum (^ ifnerdiofiem predict . in the Houfe ot Commons aforefaid, fpoken theie falfc, malicious, pcrniti- ous,and fcditious words precedent, (sfc. And that the faid Def.zilHul- /i'j,accorduig to the agreement and confpiracy aforefaid, between him and the other Defendants, then and there, ialfo^ mditicfey cf feditiofe. Uttered h^c falfa, nialitiofa, ^[cahdalvfa lerba precedential Sic. And that chiC faid De/jzil Holies & Benjamin Valentineyfecundum agreamentum ^ con- {'piraUonem proidiil. & ad intent ionem cf propojitum pr,£diB.utti:Ted the faid words upon the faid 2 of Mdrch^ai'ier the fignifying the Kings pleafure to adjourn : and the faid Sir John Fmch the Speaker endeavoring to get out of the chair according to che Kings command, They vi cf armis, manuforti (if dlicito aflaultcd, evil entreated, and forcibly dctayned him in the chair 5 and afterwards, he being out of the thair, they affaulted I jm in the Houfe, and evil entreated bin), (j' 'violenter mar.u jorti ef lUi- cito drew him to the chair, and thrull him into it : whereupon there was areat tumult and commotion in the Houfe, to the great terror of the Commons there affemblcdjagainft their Allegeancd examined ii't another Court, ' 2 . /| the matter be commenced in Parliament ^and that ended, 'f afterward it may be Q^iefiionedin another Court. I qucftion not thcfc Matters, but I holdj That an Offence committed criminally in Parliament, may be tiuciUoncd elfewhcrc , as in /his Court ; and that for thcfe Rcafons : F/Vy?, Quia intcrcft Reipublicx ut maleficia non maneant impu- nita : aralthcreought to bea Jrejlj punijlment of them. Parliaments are called at the Kings pleafure, and the King is not compel/tile to call his Parlia- ment; and if before the next Parliament^the ^artj amending, or the nitnejjes die, then there trill be afayler of Justice . Secondly, The Parliament is no conflant Court ; every Parliament mofily conjijh of fezeralmerj-,and Lyconfequence they cannot take notice of matters done in thejoregoing Parliament ; and there they do not examine by oath, unlefs it be in chancery J as it is tifedoflate time. Thirdly, The Parliament cannot fend Procejs to make the o^enders to ap- pear at the next Parliament j and being at large , if they hear a noife of a Parli- ament, they will fugam facere, andfo prevent their punifhment. Fourthly, Put the cafe that one of the Defendants be made a Baron of Par' liament, no»' he cannot bepunifl^edin the Houfe of Commons^ andfo he [hall he unpunt^)ed. Ic hath been objc<5i:ed. That the Parliament is the Superior Court to this, therejore this Court cannot examine their proceedings. To this I fay. That this Court of the Kings Bench is a higher Court then the JulUccsof Oyer and Terminer, or the Juftices of Allizc : But if an offence be done where the Kings Bench is ; attcr it is removed, this offence may be examined by the Juilices ot Oyer and Terminer, or by the Juftices of AfTr/c. We cannot Queftion the Judgments of Parliamcnrs,but their particular offences. 2 . Obj. ft is a Priviledge of Parliament^ whereof ne are not competent Judges. Tothis /pjjThat Privile.gium ejl privata Lex, ^ privat legem. And this ought to be by grant prefcri prion inParliament,and then it ought to be pleaded for theViianner,as is 33 Hen.^Dy.a'^ it is not liere pleaded. Alfo we are judgesof all Ads of Parliament : as,4 H^/^.y. Ordinance made by the King and Commons is not good , and we are Judges what lliall be laid a Seifion of Parliament,as it is iwPlowdeniwPatrtdgiS Cafe,^ v are Judges of their lives and landsjtherefore of their Liberties. And 8 £//'s. ( wiiich wascitedbyMf, Atturney ) it was the opinion of Dyer, Oat- lyn, f-relfji, Brown and Southcoty juilices. That offences committed in Par- liament may be punil"hed out'of Parliament.And 3 Ed.'^.i^. it isgood Law. And it is ufual ncer the end of Parliaments to fet (ome petty pu- nifhment upon offenders in Parliament,to prevent other Courts. And I have feen a Roll in this Court, in 6 H. 6. where judgment was given ina writ of annuity in Ireland, and afterwards the laid judgment was rever- 5 Caroli. 6^% Hiftorkdl CoUeBions, Lord Chief JufticeHin/f. Jufticc Wfotf- \locii. cvc-rlcd in Parliament in Ireland-^ upon which judgmcntj Writ ot hr- ror was brought in this Court, and reverfcd. Hide Chief Jufticc, to the fame intent : " No new matter hath been "offered to us now by them that argue for the Defendants, but the « fame Rcafons and Authorities in lubf^ancc, which were objcdlcd " betorc all the Juflicesof England and Barons of the Exchequer, at « Sergeants-Inn in Fleet-slreety upon an Information in the Star-Cham hey « for the fame matter. At which time after great deliberation it was refolved.by all of them. That an ojfence committed in Parliament^ that te- « ing ended:, may hepunijhed out of Parliament. And no Court more apt « for that purpofe then this Court in which we are : and it cannot be "punilhcd in a future Parliament, becaufe it cannot take noticed " matters done in a foregoing Parliament. " As to chat that was faid , That an Inftriour Court cannot med- " die with matters done in a Superior j True it is. That an Inferior "Courtcannotmeddlc with judgments of a Superior Court 5 but it " the particular members of a Superiour Court offend, they are oft- " times punifliable in an Inferior Court : As, if a Judg fhall commit " a capital offence in this Court, he may be arraigned thereof at Nejv- '■'^gate. 3 £. 3 . 1 p . and 1 Mar. which have been cited, ovcr-rulc this cafe. " Therefore. wl.itlock accordingly : 1. I fay in this C^ife, Nihil diftum quod non dicfum prius. 2 . 7 hat all the fudges oj England have refolted this -jeryyoint. 3 . That now we are but upon the brink and skirts of the Caufe : for it is not now in Quesiion if thefe be offences or no ; or^if trueorfalfe -y but only if this Court have jurifdiBtOfJ. But it hath been objefted. That the offence is not capital, therefore it is r.ot examinable in this Court. But though it be not capital, yet it is criminal, for it is fovving of fe- dition to the deflruftion of the Commonwealth. The Qnelf ion now is not between us that are Judgesof this Court and the Parliament, or between the King and the Parliament ; but between fome private Members of the Houfeot Commons and the King himfelf ; for here the King himfclt qucllions them for thofe offences, as well he may. In every Commonwealth there is one fuperemincnt Power which is not fubjedl to be c]ueftioned by any other ; and that is the King inthi^ Commonwealth , who, as BraBon faith , folum Deum habet ultorem. But no other within the Realm hath this Priviledge. It is true,that that which is done in Parliament by confent of all the houfe , lliall not be queilioned elfewhere ; but if any private Members exuuntperfonas judi- cum, (jf induunt malefacie/.tium perfonaSi& fur.tfeditiofh is there fuch San- dimony in the placc,that they may not be queftioned for it elfewhere ? The Billiop of Rofs:, as the Cafe hath been put,bcing Embafladour here, pradifcd matters againlt the State. And it was rcfolved. That al- though Legatwfit Rex in aliemfolo , yet when he goes out of the bounds of B D Hijloricat QoUeBions, othisOiiitc, aiuUomplots wirh Traytors in this Kingdom , that he fhall be punillied as an offender here. A Miniftcrhath a great Privi- ledge when he is in the Pulpit j but yet if in the Pulpit he utter fpeeches which are fcandalous to the State, heispunifliable: fo in thisCafe,! j when a Burgefs ot" Parliament becomes mutinous , he fhall not have I the Priviledgc of Parliament. In my opinion, the Realm cannot con- fi(t without Parliaments , but the behaviour of Parliament-men ought to be Parliamentary . No outragious fpeeches were ever ufed againft a great Minillcrot State in Parliamcnt,which have not been punilhed. If a Judge of this Court utter fcandalous fpeeches to the State, he may ^ be tpeftioned for them before Commifftoncrs of Oyer and Terminer, becaufe this is no judicial ad of the Court. But ic hath been objefted : That we cannot examine AEls done by a higher Tower, To this I put this Cafe : When a Peer of the Realm is arraigned of Treafon, we are not his Judges, but the high Steward , and he fhall be tryed by his Peers : But if crrour be committed in this proceeding, cliat fliall be reverfed by crrour in this Court \ for thatwhich we do, is Coram ij'fo Rege. It hath been objctflcd : 'I hat the Parliamem-Law differs from the Law by which we judge inthv! Court in fundry Cafes. And for the inftance which hath been ma.de{rhat by the Statute none ought to be chofen Surge jj'e of a Town in which he doth not ifi- habity but that the ufage of Parliament is contrary. But if Information be brought upon the (aid Statute againft fuch a Burgefs , I think that the Stature is a good warrant for us to give judgement againft him. And it hath bcenobjcfted : That there is no Prefdent in this matter. But there are fundry Prefidents by which it appears that the Parlia- ment hath tranfmitted matters to this Court , as 2 ^. 2 , there being a queftion between a great Peer and a Bifhop , it was tranfmitted to this Court,being for matter of behaviour : and although the Judges of this! Court arc but inferiojur men , yet the Court is higher ; for itappears' by the 1 1 £//2i.Dj.That the Earl Marfhalof f/i^^/rf^c/is an Officer of this Court J and it is always admitted in Parliament , That the privi- ledges of Parliament hold not in three Cafes, towit, in cafe of Treafon; fecondly^ in cafe of Felony^ andinfuit for the peace ; and the laft is our very cafe. Therefore, (;fc. , 5 Carolt. Tttt Cfooh^ 700 HiUorkal CoUeBions, d,.. ibi&A Ci uok ur^ucd to tlic iamc intent ( but 1 did not well hear him : ) he v-^^V^«^ I faid, That ihefe offences ought to Le pumjljedin the Court, or no where 5 andaU nAnner off ojjemes which are agai/ijt the CrowKy are examinable in thu Court. It hath been 6bjc£lcd : » ''■ Thu b-j this mear.s none will ad-jei.ture to make his com^laitits inParlia-^ ment. That is not fo, for he may complain in a Parliamentary courfe, but itot falfcly and unlawfully, as here is pretended j for that which is un- lawfullvj cannot be in a Parliamentary courfe. Judgment. Judgment pionounced. It hath been objefted That the Parbamcnt is a higher Court then this is. B And it is true : But every Member of Parliament is not a Court j and if he commit offcncejhc is punilliable here. Our Court is a Court of high jurifdiftion, it cannot take cognizanceof real Picas ; but if a real Plea comes by Error in this Court, it 11:1311 never be tranfmitted. But this Court may award agranA Cape, and other Proccfs ufual in real Aiflions : But of all capital and criminal caufes we are originally competent Judges, and by confequence of this matter. But I am not of the opinion of Mr. Atturncy General, that the word podttoie, would have made this Treafon. And for the other matters, he agreed with che Judges. Therefore by the Court, the Defendants ^cre ruled to plead further : and Mr. Lenthaloi Lincolr.s-Im was affigncd of Coun- fcl for them. Inafmuch as the Defendants would not put in other Plea the laft day of the Term, judgment was given againft them upon a iiihil ^/wjwhich judgment was pronounced by Jones to this effe6l : " The matter of the Information now by the confcfTionof rheDe- ^' fendants is admitted to be true, and we think their Plea to tlie jurif- ^f diftion infuilicicnt for the matter and manner of ic. And we here- '' by will not draw the true Liberties ot Parliament-men into Quefti- " on 5 to wit, for fuch matters which they do or fpcak in Parliamentary "manner. But in this cafe there was aconfpiracy between theDe- " fendants to flander the State, and to raife fcdition and dillordbc- " tween the King his Peers and People*, and this was not a Parliamen- "tary courfe. All the J udges oi England, except one, haveRefolved " the Statute ot 4 Hen. 8. to be a private At£l,and to extend to Stroodon- "ly. But every Member of the Parliament fhallhavc fuch Privilcd- "ges as are there mentioned ; but they have no Priviledge tofpeakat " their pleafure. The Parliament is an high Court, therefore it ought '^^ not to be diforderly, but ought to give good example ro other Courts. "Ita JudgotourCourt lliatlrayl upon the State or Clergy, he is pu- " nifliable for it. A Member of the Parliament may charge any great " Officer ot the State with any particular offence ; but this was a ma- "levolous accufation in the generality of all the Officers of State, " thcretorc the matter contained within the Information is a great " offence, and punifliable in this Court. 2, "For/ D B D Hijlorical CoUeBions, I 7«>i 2. "Forthcpunifhmenc, although the offence begreatj yet that 15 Caroli. " fhall be with a light hand, and fhall be in this manner. 1 . That every of the De\endJ.nt$ fhall be imprifofied during the Kings plea- sure : Sir John Elliot to be irtiprifufied in the Tomer of Londonj and the other Defendants in other Pri[ons. 2 . That none of them fjjallbe delivered out of Prifon until he give fecurity in this Court for his goodbehaziou'-y and have made fubtnifjion and acknowledg- meKt of his offence. 5 . Sir John Elliot, inafmuch as we think him the greatejl o^ender, and the ringleaderyfhall pay a fine to the King of 2000 ]. WMr. Holies, a fine of 1000 marks : and Mr. Valentine, becalife he is of le/ ability tben the refi, fhall pay a fineo(^ CO ], And loall this, all the other Juftices with one voice accorded. F I JA( I S, ? ^^^*i* ^' The \>^j\0j \ B D APPENDIX. His Majejlies Declaration to all bis Loving Subje&Sj of the Caufes which moved him to diffolve the la[l Parliament J March lo, i6 z8, Owfocvcr Princes are not bound to give accompc of their Adions but to God alone -, yet for thefatisfa<5tionofthc minds and affe6lions of Our Loviiig Subjefts , We have thought good to fet down thus much by way of Declarati- on, thacWe may appcarc to the world in the truth and fincerity of Our Actions, and not in thofc Colours,in which We know fome turbulent and ill-affedcd fpirits (to niafque and difguife their wicked intentionsj dangerous ro the State) would rcprefent Us to the publick view. Wc alTcmbled our Parliament the lyth. day oi March , in the third yeerof OurRcigne,for thefafety of Religion, for fccuring Our King- doms and Subjcds at home, and Our friends and Allies abroad. And therefore at the firft fitting down of it, We declared the mifcrable af- flidled eftate of thofe of the reformed Religion, in Germany, FrArxe, and other parts of Chriftendomc 5 the diftrefled extremities of Our dearcft Uncle, the King of I>f«?w^>-/', chafed out of a great part of his Domi- nionsjthcftrength of that Party which was united againftUsj That (bcfides the Pope and the houfe oi Au^rta , and their antient confede- rates) the French King profcflcd the rooting out oftlie Protellant Re- ligion ; Thar, ot the Princes and States on Our party, fome were over- run, others diverted, and fome difabled to give afliftancc. For which, and other important motives. We propounded a fpccdy fupplyof Treafurc, aniwcrable to theneccfllty of thcCaufe. Thcfc things in the beginning were well refcnted by the Houfe of Commons, and with much alacrity and readineffc, they agreed to grant a libcrall aid : But before it was brought to any pcrfcftion, they were diverted by a multitude of Queftions, raifed amongft them, tou- ching their Liberties and Priviledges,and by other long difputcs, that the Bill did not pafTc in a long time 5 and by that delay , Our aftairi. were put into a far worfe cafe then at the firrt ^ Our Foraigne Anions then in hand being thereby difgraced and ruined , for want of timely help. In this, as We arc not willing to derogate from the merit and good intentions of thofe wife and moderate men of that Houfe, ( to whole forwardncffe Wc attribute it, that ic was Propounded and Rcfolved (o foon ); fo We mult needs fay , that the delay of palTingit when it was rcfolved , occaGoncd by cauflcfTe jcaloufies , ftirrcd up by men of another temper, did much Icflen boch the reputation and reality of that Supply. And their fpirit, inf uLd into many of the Commiflioncrs and Afltflors in the Country , hath returned up the Subfidics in fuch a fcanty proportion, as is infinitely fliorc , not onely of Our great occa - flons, but ot the prehdents of former Sublldies, and of the intentions of all well-affc^ed men in tiiat Houle. In thofe large Difputes, as W'e permitted many of Our high prero- gatives to be debated, which in the beft times of Our Predcceffors had never bcenquelUonedj without punillimcnt or fliarp reproof; loWe a did the Kings De- cUratifn oftbe ctufct , which move J him to dif[«'ve the hft P«rliimtttt, APPENDIX. did endeavour to have {hortned thofc debates > for winning of time, which would have much advantaged Our great affairs , both at home and abroad. And therefore both by I'peechcs and meflages, We did of- ten declare Our gratious and clear refolution, to maintain, not onely the Parliamcnr,but all our People , in their antient and juft liberties , without either violation or diminution j and in the end, for their full fatisfadion and fecurity , did by an Anfwer , framed in the form by thcmfelvcs defired, to their Parliamentary Petition , confirm their an- tient and juft Liberties and Rights, which We refolvc, with all con- ftancy and juftice> to maintain. This Parliamentj howlocver bcfidcs the fetling Our ncccffary fup- ply, and their own liberties , they wafted much time in fuch procee- dings, (blafting Our Government, as We arc unwilling to remember) yet Weiuffcrcd themiofit, untill themfclves defired Us to appoint a time for their Receflc , not naming cither Adjournment or Proro- gation. Whereupon by advice of Our Councill, Wercfolved to prorogue and makeaSefllonj and to that end prefixed a day , by which they might ( a's was meet in fo long a Sitting) finifli fome profitable and goodLawesj .and withall gave order for a gratious Pardon toall Our Subjefts: which, according to the u(e of former Parliaments, paftedthe Higher Houfc, and was fent down to the Commons. All which being gratioufly intended by Us , was ill-entertained by fome difaffefted perfonsofthatHoufe, who by their artifices, inafhort time raifed fo much heat and diftemper in the Houfe ,for no other vifible caufe, but bccaule We had declared Our refolution to Prorogue , as Our Coun- cill advifed, and not to Adjourn , as fome of that Houfc (after Our re- folution declared, and not before ) did manifeft themfelves to affe£t j thatfeldome hath greater paflion been fecn in that Houfe, upon the greatcft occafions. And fome glances in the Houfe , but upon open ru- mors abroad, were fpread , That by the Anfwer to the Petition , We had given away, not onely Our Impofitions upon Goods, exported and imported, buttheTunnagc and Poundage, (whereas in the debate and hammering of that Petition , there was no fpecch or mention in either Houfe concerning thofe Impofitions , but concerning Taxes and other charges within the Land j much lefle was there any thought thereby to debar Usof Tunnage and Poundage j which both before and after the Anlwcr to that Petition , the Houfe of Commons, in all their fpecches and treaties, did profeffe they were willing to grant). And at the fame time, many other mifinterpretations were raifed of that Petition and Anfwer , by men , not well diftinguifhing between well ordered liberty, and licentioufneflc 5 as if by Our Anfwer to that Petition, We hadletloofethcreynesofOurGovernment, And in this diftemper, the Houfe of Commons, laying afide the Pardon , (a thing never done in any former Parliament) and other bufineffe, fit to have been concluded that Selfion , fomt of them went about to frame and contrive a Rcmonftrance againft Our receiving of Tunnage and Poundage, which was fo far proceeded in , the night before the pre- fixed time, for concluding the Selfion , and fo haftncd by the contri- vers thereof, that they meant to havepucirto theVoteofthc Houfe the next morning, before We fliould prorogue the Scflion. And there- fore finding Our gratious favours in that Scllion, afforded to Our peo- ple, fo ill requited, and fuch finiftcr ftraines made upon Our Anfwer to B D APPENDIX. 5 to that Petition, to the diminution of Our profit, and (which was more) to the danger of Our Government ; Wercfolvcd to prevent the finilTiing of that Remonltrance, and other dangerous intentions of fome illaffedlcd perfons,by ending thcSefsion the next morning, (ome few hours fooner then was cxpcdcd ; and by Our Own Moutfi to declare to both Houfcs the caufc thereof ; and for hindring the fpreading of thofc finifter interpretations of that Petition andAnlwer, to give (omc neccfTary dircftions, for fetling and quieting Our Govern- ment, uncill another Meeting; which wc performed accordingly the fix and twentieth oijune lait. The Sclsion thus ended , and the Parliament rifcn , that intended Remonftrance gave Us occafion to look into the bufinefTe ofTunnage and Poundage. And therefore, though Our nccefsitics pleaded ftrong- ly for Us, yet Wc were not apt to ftrain that point too far , but rcfol- ved to guide Our Self by the pradlife of former Ages, and examples B ofOurmoft noble Predeceffors -, thinking thofe counfcls bcf\ warran - tcdj which the wifdom of former Ages, concurring with theprefcnt occafions, did approve j and therefore gave order for a diligent fearch of Records : upon which it was found, That although in the Parlia- ment uoldcn in the firft yecr of the rcigne of King Sclward the fourth , cne Subfidy of Tunnagc and Poundage was not granted unto that King, but was firfl granted unto him by Parliament in the third ycer of his Rcigne-, ye: the lame was accounted andanfwered to tiiatKino-, from the firft day of his Reigne , all the firftandfecond ycers of his Reigne, and, untill it was granted by Parliament. And that in the fuc- ceeding times of King Richard the Third, King Henry the Se- venth , King Henry the Eighth , King Edvpardthc Sixth^ Queen Mary , and Queen Elizaheth^ the Subfidy of Tunnage and Poundage was not onely enjoyed by every of thofe Kings and Queens, from the death of cachof tiicmdeceahng, untill it was granted by Parliament unto the Succclt'or ; but in all thofe times (being for the moft part peacable, and D not burdened with like charges and necefTities, as thefe modern times ) the Parliament did mod readily and cheerfully , in the beginning of evcrv of th.ofc Rcignes , grant the fame > as a thing molt ncceflary for the guarding of the Seas, fafcty and defence of tb.e Realm, and fup- portation of tlic Royall Dignity. And in the time of our Royall Father of blelTcd memory, he enjoyed the fame a full yeer, wanting very few daies, before his Parliament began; and above a yeer before the Aif of Parliament for the grant of it was paffed. And yet when the Parlia- ment was affcmbled, it was granted without difficulty. And in Our Own time, VVe quietly received the fame three years and more , ex- pcftiRg with patience, in feverall Parliaments, the like grant thereof , as had been made to fo many orOurPredeceffors; the Houlc of Com- mons ftill profclTing, That multitude of other bufineffes, and not want of willingncffe on their part, hadcaufcd the feeling thereof tobefo long deferred. And therefore finding fo much reafon and neccfficy, for the receiving of tiic ordinary Duties in the Cuffom-houle , to concur with the pradtice offuch a fucceftion of Kings and Queens, famous for Wifdom, Jufticc, and Government •, and nothing to the contrary, but that intended Rcmon{lrancc,hatched out of the palTionare brains of a few particular perfons ; Wc thought it was fo far from the wifdom and duty of a Houfe of Parliament, as V\'c could not think, that any moderate and difcrcet man, ( upon compofcd thoughts , letting afide a 2 " paflion APPENDIX. B paflion and diftemper ) could be againft receiving of Tunnage and Poundage ; elpccially fincc We do, and ftill muft , purfue thofc ends , and undergo thatcharge/or which it was firft granted to the Crown; It having been fo long and conftantly continued to Our Predcccf. iors, as that in four feverall Afts of Parliament for the granting there- of to King Edcpard the Sixth , Queen Mary^ Queen Elizabeth-, and Our bledcd father. It is in expreffe tearms mentioned , to have been had! and enjoyed by the feverall Kings , named in thofe Ads , time out of I A minde, by authority of Parliament. And therefore upon thefc reafons, We held it agreeable to Our Kingly Honour , and necelTary for the fafety and good of Our Kingdom, to continue the Receipt thereof, as fo many of Our Predeceffors had done. Wherefore when a few Mer- chants ( being at firft but one or two ^, fomented, as it is well knovvn , by thofe cvill fpirits , that would have hatched that undutifullRe- monftrance , began to oppofe the payment of Our accuftomed Duties in the Cuftom-houfe , VV e gave order to the Officers of Our Cuftoms to go on,notvvithftanding that oppofition, in the receiving of the ufuall Duties 5 and caufed thofe, that refufed, to be warned to attend at the Councill-boardj that by the wifdom and authority of Our Councill, they might be reduced to obedience and duty 5 where fomcofthem, without reverence or refped to the honour and dignity of that Pre- fenccbehavcd themfelves with fuch boldneffe and inlolency of fpeech, as was not to be endured by a far meaner Affcmbly , much Icffe to be countenanced by aHoufe of Parliament, againft the Body of Our Pri. vy Gouncill. And as in this We did , what in reafon and honour was fit for the prefcnt,fo Our Thoughts were daily intentiveupon there-aflcmbling of Our Parliament, with full intention on Our part, to take away all ill-underftanding between Us and Our people 5 whofe loves , as We defircd to continue and preferve, fo We ufed Our beft endeavours , to prepare and facilitate the way to it. And to this end, having taken a rtriftand exaft iurvey of Our Government, both in the Church and Common-wealth , and what things were moft fit and neceflary to be reformed : We tound in the firft place, that much exception had been taken at a Book, entituled, Appello Ccefarem^ or, ^n Appeal to Cefar •■, and publilliedin the year 1625. by i?/V/jdr<^iWo«wo«f , then Batchelorof Divinity , and now Bifhop oiChichejier ; and becaufe it did open the way to thofe fchifmsand divifions , which havefinceenfued in the Church, W'e did, for remedy and redrefle thereof, and for thefatis- faftionot the confciences of Our good people , not onely by Our pub- lick Proclamation , call in that Book , which nvniftred matter of of- fence, but to prevent the like danger for hereafter, re-printed the Ar- I tides of R.'cligion, eftablillied in the time ot Qi^ieen Elizabeth of famous memory j and by a Declaration before thofe Articles , We did tie and reftrain all opinions to the fenfe of thofe Articles, that nothing might be left for private fancies and innovations. For, We call God to re- cord , before whom We ftand , that it is, and al waies hath been. Our hearts dcijrc, to be found worthy of that Title, which Weaccount the moft glorious inall our Ctown^DefrnAerof the Faith. Neither lliall VXeevergive way to the authorifing of any thing , whereby any//^- tio-catim, may ftcal or creep into the Church; but to preferve that unity ot Doftrinc and DifcipUne, cftablillicd in the time of Queen Elizabeth^ whereby the Church oiE/.ql-tnd hath ftood and flourilTicd ever fincc. '^ And APPENDIX. I 5 B D Andaswc were careful! to make up all breaches and rents in Re- ^ ligion at home, fo did \Ve,by Our Proclamation and Commandment, for the execution of Lawes againft Pricfts, and Popirti Recufants, for- tifieall vvaies and approaches againft that forraignc Enemy 5 which ific have not fuccceded according to Our intention. We muft lay the fault where it is, in the fubordmatc Officers, and Minifters in the Country, by whofe remifntffe , Jefuites and Priefts cfcape without ap- prehenfion j and Recufants, from thofe convidions and penalties, which the Law and Our Commandment would have infiijled on them. For We do profeiTe, That, as it is Our duty , fo it fhall be our care, to command and dired well 5 but it is the part of others, to per- form the miniftcriall office. And when We have done Our office, We (hall account Our Self, and all charitable men will account Us inno- cent, both to God and men. And thofe that are negligent, We will efteem as culpable both to God and Us 5 and therefore will cxpe£t, that hereafter they give Us a better account. And} as We have been carefuU for the fetling of Religion, and qui- eting the Church , fo were We not unmindful! of the prefervation of the jui\ and antient Liberties of Our Subjects, which we fecured to ' them by our gracious Anfwer to the Petition in Parliament, having not fince that time done any a6l whereby to infringe them. But Our care is, and hereafter (hall be, to keep tlicm entire and inviolable , as We would do Our Own Right and Soveraignty, having for that purpofe enrolled the Petition and Anfwer in our Courts of juftice. Next tc^-the care of Religion , and of Our Subjects Rights, We did Ourbeftfor the provident and well-ordering of that aid andfupply , which was granted us the laft Scffion , whereof no part hath been wallefully fpent, nor put to any other ufe, than thoie for which it was dcdred and granted 3 asuponpaymcnt of Our Fleet and Army .• whcrein Our care hath been fuch , asWcchofc rather to difcontcnt Our dcareft Friends and Allies, and Our ncareft Servants, than to leave OurSouldicrs and Marriners unlatisficd , whereby any vexation or difquiet might arifc to our People. We have alio, witii part of thofe monies, begun to fupply our Magazines, and ftores ot Munition , and to put Our Navy into a conftant form and order. Oar fleet likwife is fitting, and almoft in a rcadineffe , whereby the Narrow Seas may be guarded, Commerce maintained, and Our Kingdomc fecured from all forraign attempts. Thelc aftsof Ours might have made this im- preffion in all good minds, that We were careful! to dircd Our coun- fells, and difpofc Our aii-ions, as might moft conduce to the mainte- nance of Religion, honour of Our Government , and fafcty of Our People. But with mifchicvous men once ill-afteilcd , feu he/.e,feu male falia, ^remunf-i and whatloevcr once fecmed amiflc is ever rcmcmberedj but good endeavours arc never regarded. Now all thefe thing? that were the chief complaints the laft Scfsion, being by Our Princely care lo (crioufty rctormcd , the Parliament re- aflcmbled the zoth of January ial\. V\'e cxpe5:ed , according to the candor and fmccrity of our own thouglus , that men would have fra- med themfelvcs for the c(fe6ling of a right undcrftanding between Us and Our People. Butfome few malevolent pcrfons , hkcEmpcricks and lewd Artifts, did ftrivc to make new work , and to have fome dil- eafc on toot , to keep themfelvcs in rcqueft , and to be employed and entertained in the cure. And yet to manifeft how much offences have • been APPENDIX. -y been diminifhcd 5 The Committees for Grievances , Committees for Courts of Juftice, and Committees for Trade , haye, fince the fitting down of the Parliament, received few Complaints, ahd thofc fuch, as they themfelves have not thought to be ot that moment or impor- tance, with which Our Ears lliould be acquainted. No fooncr therefore was the Parliament fet down, but thcfe ill- at- fe(5lcd men began tofowand difperfe their jcaloufics, by calling out fomc glances and doubtfuU fpceches , as if the Subjcdi had not been fo clearly and well dealt with , touching their libertiessand touching the Petition anfwcred the laft Parliament. This being a plaufibie Theam, thought on for an ill purpofe, eafily took hold on the minds of many , that knew not thcpradice. And thereupon thefecondday of the Par- liament, a Committee was appointed to fearch, whether the Petition and our Anlvvcr thereunto were enrolled in the Parliament Role , and \\\ the Courts at WefLmth^er , and in what manner the fame was done. And a day alfo was then appointed, on which , the Houic being rcfol- vcd into a Committee , lliould take into confidcration thofe things , wherein the liberty of the Subje5: had been invaded, againft the leti- tion of Right. This, though it produced no other effe6t of moment or importance, yet was fufficicnt to raifc a jcaloufie againft our procee- dings , in fuch as were not well acquainted with the finccnty and clcarnefTe of them. There followed another of no Icflc skill j for al- though Our proceeding , before the Parliament , about matters of Religion, might have latisficd any moderate men of Our zealous care thereof, ( as we are lure it did the moft ) yet , as bad ftomachs turn the beft things into their own nature, for want of good digcftion; fo chofe dillempcrcd perfons have done the like of Our good intents , by a bad and finifter interpretation: For, when they did obfcrvc, that ma- ny honeft and religious minds in that Houfe , did complain of thofe dangers that did threaten the Church , they likcwife took the fame word in their mouth , and their cry likewifc was, Templum Dcmi/.i , Tewjjluw'Demi/it , whcnthetruc care of the Church never came into their hearts: and what the one did out ot z.eal unto Religion , the other took up as a plaufibie Thcam, to deprave Our Government, as if We, Our Clergy, awd Councill, were cither fcnflcffe or carclcffe of Religi- on. And this vvicked pradife hath been, to make Us fcem to walk be- fore Our people, as if VVc halted before God. Having, by thefc artifices , made a jealous imprcfTion in the hearts of many ^ and a day being appointed to treat of the Grant oiTunnagc and Poundage, at the time prefixed , all expreffc great willingncffe to grant it.But a new ftrain is lound our,that ir could not be done,without great pcrill to the right of the Subjedl, unlefle We lliould difclairaany right therein , but by grant in Parliament 5 and (liould caufe ail thole Goods to be rcftored , which , upon commandment from Us , or Our Council!, were rtayed by our OHicers,untill tholeDuties were paid,and confcqucntly fliould put Our Selves out ofthcpolTtlfion of the Tunnage and Poundage, before tliey were granted > for elfc, ic was pretended, the SubjcdlUood not in fit caft to giant it. A fancy and cavill raifcd ot purpofe to trouble the bufincffe^ it being evident, that all the Kings before named did receive that Duty , and were in aduall poflcfsion of it) hctore, and at the very time, when it was granted to them by Par- liament. And although We, to remove all difficulties, did from Our t)wn Mouth , in thofc clear and open tearms , that might have fatil- fied B D E APPENDIX. fied mean B D any moderate and well -difpofed minds, declare, That it was Our/ ning, by the gitt of Our people, to enjoy it j and that we did not challenge it of right, but took it de bene ejje , fhewing thereby, not the right, but the ncccfTity , by which We were to take it , ( wherein We defcended, for their latisfa(5lion, lo far beneath Ourfelf , as We arc confident, never any of Our Predeccfforsdidthelike, nor was the like ever required or cxpcfted from Them). Yet for all this , the Bill of Tannage and Poundage was laid afidc, upon pretence , they mult firft clear the right of the Subjtd: therein j under colour whereof, they en- tertain the complaints, not oncly oi John Rolles y a Member of their Houlc J but alfo oi Richard ChamlerSj John FoukeSy and Bartholomew Gil- man , againft the Officers of Our Cuftoms , for detaining their goods j upon rctufall to pay the ordinary Duty , accuftomed to be paid for the fame. And upon thefe complaints , they fend for the Officers of the Cuftomes, enforcing them to attend day after day , by the fpaceof a month together ; tliey caufe them to. produce their Letters Patents under Our Great Seal , and the Warrants made by Our Privy C«un- cill , for levying of thofc Duties. They examine the Officers upon what qucftions theyplcafe, thereby to entrap them for doing Our fervicc and commandment. In thefe and other their proceedings, bc- caufe We would not give the leaft fhew of interruption. We endured long with much patience both thefe, andlundry other ftrangc and ex- orbitant incroachments and ulurpations, fuch as were never before at- tempted in that Houfc. We are not ignorant , how much that Houfe hath of late years en- deavoured to extend their priviledges , by fetting up generall Com- mittees for Religion, for Courts of jufVicc, for Trade, and the like ^ a courlc never heard of untill oi late .• So as, wherein former times the Knights and Burgefles were wont to communicate to the Houfe fuch bufincfTe, as they brought from their Countries^ now there are io ma- ny Chairs crcftcd , to makccnquirie upon all forts of men, where complaints of all fortsare entertained, to the unfufferable difturbance and fcandallof jufticc and Government, which having been tolerated a while by Our Father , and Our Self, hath daily grown to more and more height •, infomuch that young Lawyers fitting there , take upon them to (fccry the opinions of the Judges, and fome have not doubted to maintain, That the Rclolucions of that Houfe muf\ bind the Judges, a thing never heard of in Ages pall. But, in this lallafTembly of Parlia- ment, they have taken on tliem much more then ever before. They fcnt mcffcngcrs to examine Our Atturney Generall , ( who is an Officer of cruft and fecrety ) touching the execution of fome com- mandcmentsofOurs, of which, without Our leave firf\ obtained, he was not to give account to any but Our Self. They fcnt a captious and dircftory mcffagc to the Lord Trcafurcr, Chancellor , and Bar- ron.s of the Exchequer, touching fome judiciall proceedings of theirs in Our Court of Exchequer. They fcnt mefTengers to examine upon fundry queftions , Our two Chief Juftices, and three other of Our Judges, touching their judici- all proceedings at the Gaol-Dclivcry zx. Newgate y ofwhich,they arc not accountable to the Houfc of Commons. And whereas Suits were commenced in Our Court of Star- Cham- ber, againft Richard Chamber<,i John Fonks , Barthtlomevp Gihnan, and K^- chararhUltps 5 by Our Atturney General! , tor great raifdemeanours , they 8 I APPENDIX. they rcfolved, that they were to have privilcdgc of Parliament againft us tor their pcrfons, for no other caufe, but becauf e they had Petitions depending in that Houfe ; and (which is more ftrange) they rciolved , that a Signification (hould be made from that Houfc,by aLcttcr,to iffue under the hand of their Speaker, unto the Lord Keeper of Our Great Seal, that no attachments (hould be granted out againft the faidCfc^w- herSj FotvkSy Oilman, or Phillips , during their faid privilcdgc of Parlia- ment. Whereas it is far above the power of that Houfe, to give dircdi- on to any of Our Courts at iVeiimtnfier , to ftop Attatchments againft any man, though nevcrfoftronglyprivilcdged 5 the breach of Privi- Icdge being not in the Court that grants , but in the Party or Minifter that puts in execution fuch Attacliments. And therefore, ifanyfuch Letter had come to the Lord Keeper, as it did not , he fliould have highly offended Us it he had obeyed it. Nay, they went lofar, as they fpared- not the honour of Our Councill-board , but examined their proceedings in the cafe of Our Cuftomers, interrogating what B this or. that man of Our Councill faid, in direction of them in the bu- finefle committed to their charge. And when one of tlic Members of that Houfe fpcaking of our Counfellors, faid. We had wicked Coun- lell; and another faid, that the Councill and Judges fought to trample under feet the liberty of the Subjcd 5 and a third traduced Our Court of Star-Chamber, for the Sentence given againft 54^<«;7f , they pafTcd without check or ccnfure by the Houfe. By which may appear, ho w far the Members of that Houfe have of late fwollen beyond the rules of moderation, and the modefty of former times ; and this under pre- tence of privilcdgc and freedom of fpcech , whereby they take liberty to declare againft all authority of Councill and Courts at their pleafure. They fent for Our Shtn^ oi London to examine him in a caufe , whereoftheyhadno jurifdidion 3 their true and anticnt jurifdidion extending onely to their own Members , and to the confer\ation of their priviledges, and not to the ccnfure of forrain pcrfons and caufes, \) which have no relation to their priviledges , the fame being but a late innovation. And yet upon an enforced ftrain of aContemptjtor not an- Iwering to their fatisfadion , they commit him to the Towcrof Z,o«- f/o», uling that outward pretext for a caule of committing him , the true and inward caufe being , for that he had fliewed himlelt dutifull to Us and Our commandemcnts , in the matter concerning Our Cuftoms. Inthefe innovations (which We will never permit again) they pretended indeed Our fcrvice; but their drift was, to break, by this means, through all rclpcds and ligaments of Government , and to ereft an univerfall over-lwaying power to themfelv es , which belongs onely to Us, and not to them. Laftly , in their proceedings againft Our Cuftomcrs, they went about to ccnfure them a,s Delinquents, and to punilli them, forftaying fome goods of fomefadfious Merchants, in Our Store -houfe , for not paying thofc Duties which themfelv cs had fori crly paid , and which the Cuftomcrs, without interruption , had received of all ochcr Mer- chants, many years before, and to wb.ich they were authorifed, both by Our great Seal , and by feverall dirtdions and commandemcnts from Us and Our Privy Councill. Togivclomc colour to their proceedings herein , they went about to APPENDIX. B D to create a ncvv privilcdge , ( which We will never admit ) Thac a Parliament-man hath privilcdge for his goods againft thcKing; the confrqucncc whereof would be , That he may not be conftrained to pay any Duties to the King, during the time of privilcdge of Parlia- ment. It is true, they would have this cale to have been between the Merchants, and Our Farmers of Our Cuftoms, aud have fevered them from Our intercftand commandmenc, thereby the rather to make them lyable to the cenFure and puniflimentof that Houfe. But on the other fide, We holding it both unjuft and difhonorable, to with-draw Our felf from Our Omccrs, in any thing they did by Our commandemcnt , or to difa vow any thing that we had cnjoyncd to be done 5 upon Mun- d,iji\\Q 23d oiFehruxiy^(cniSi mcffdge unto them by Secretary Cook, thanking them for the rcfped they had {hewed , in feverina the inte- reft of Our Farmers from Our Own intereft and commandment. Ne- vcrthclcffc, V\'e were bound in honour to acknowledge a truth , that, what was done by them , was done by our exprcfle commandement and diredion; andiffordoing thereof Our Farmers (hould fuffcr,it would highly concern Us in honour. Which meffage was no fooner delivered unto them, but in a tumultuous and difcontcnted manner, they called. Adjourn-, Adjourn 5 and thereupon, without any caufe gi- ven on Our part , in a veryunufuall manner j adjourned, untili the tVednefday following. On which day,by the uniform wifdom ofOur PrivyCouncil,We cau- fed both Houles to be adjourned until the fecond day oi March-^ hoping that in the meantime, a better and more right undcrftanding migh't bee begotten between Us, and the Members of that Houfe , whereby the Parliament might come to a happy Iffue. But undcrftanding by good advcrtifmcnt, that their difcontent did not in that time digeft, and paffe away; We rcfol vcd to make a fecond adjournment , untili the tenth oi March ; which was done, as well to take time to Our Self, to think of fome means to accommodate thofc difficulties, as to give them time to advife better; and accordingly, We gave commandment for a fecond adjournment in both Houfes, and for ccffacion of all burincdc till the day appointed i which was very duti- tuliy obeyed in the Higher Houfe , no man contradiding or qucftio- ning it. But when the lame commandment was delivered in the Houle of Commons by their Speaker, it was ftreighr- waies contradicted 5 and although the Speaker declared unto them, it was an abfolutc right and power in Us to adjourn, as well as to prorogue or diffolve j and decla- 'red and rcadd unto them divers prclidcnts of that Houle , to warrant the fame 5 yet Our commandment wasmoftcontcmptuoully difobey- ed^ and fome rifing up to fpcak, faid , They had bufineffe to do bctore the Houfe ftiould be adjourned. * Whilft the Duke of ^af/C/V/j^/;^^ lived, he was intituled to all the diftempers and ill events ot former Parliaments > and therefore much endeavour was ufed to dcmolilli him , as tl.concly wall ot feparation bctween4.1s and Our people. But now he is dead, no alteration was found amongft thofc envenomed fpirits , which troubled then the blcflcd harmony between Us and OurSubjtifts, and continue ftill to trouble it.For now under the pretence of publickcare ot theCommon- wcalth, thcyfuggeft new and caullcffe fears, which in their own hearts they know to be falfe ; and devilc new Engines of mifchief , lo tocafta bhndneiTe upon the good aftc.Stions of Our people , that they b may *Hcrc are the pallagcs con- cerning tlie Members de- portment in tiic Houfe mentioned in tills Declara- tion , which wc fo bear to repeat, in re- g.ird the fame arc at Jargc C7:prcl!cd in the Infotma- tion in the IScar-chamber ibct'ore mcmi- joncd. lO APPENDIX. may not fee the truth, and largencffe of Our heart towards them. So that now ic is manifeft, the Duke was not alone the mark thcfe men (hot at, but was onely as a near miniftcr of Ours, taken up, on the By, and in their paffage to their more fecrct deligncs 5 which were onely to caft Our Affairs into a dclperate condition , to abate the powers of Our Crown, and to bring Our Government into obloquy ; that, in the end, all things may be over-whelmed with Anarchy. and Confufion. We do not impute thefe dyfafters to the whole Houfe of Com- mons, knowing that there were amongft them many religious, grave, and well-minded men , but the fincerer and better part of the Houfe was over-born^ by the praftifcs and clamours of the other , who, care- leffe of their duties , and taking advantage of the times , and Our ne- ceflitics, have enforced Us to break off this Meeting; which, had it been anfwcred with like duty on their parts , as it was invited and begun with love on Ours, might have proved happy and glorious, both to Us and this whole Nation. We have thus declared the manifold caufes We had , to diffolve this Parliament, whereby all the world may fee, how much they have forgotten their former engagements at the entry into the War , them- felves being perlwaderstc it J promifing to make Us feared by Our enemies, and cfteemed by Our friends. And how they turned the Ne- ceffities grown by that War , to enforce us to yield to Conditions in- compatible with Monarchy. And now that Our People may difccrn , that thefe provocations of evillmen (whole punifliments werefervcto a due time) have not changed Our good intentions to Our Subjects , We do here profefTe to maintain the true Religion and Dodrine , eftablirtied in the Church of Efigland-i without admitting or conniving at any back-fliding , either to Popery or Schifm. We do alio declare, That we will maintain the antientand juft rights and liberties of Our Subjects , with i'o much conftancy and jultice, that they (hall have caufe to acknowledge. That under Our government and gratious proteftion , they live in a more happy and free eftate , then any fubjefts in the Chriftian world. Yet let no man hereby take the boldncflc toabufethat liberty, turning it to licentioufncffc 5 nor mifinterprctt the Petition ,by perverting it to a lawkffe liberty, wantonly orfrowardly, under that or any other co- lour, to rcfift lawf ull and neccffary authority. For as We will main- tain Our Subjects in their juft liberties , lo We do and will c\^cCi , that they yield as much fubmiflion and duty to Our Royall preroga- tives, and as ready obedience to Our authority and commandments, as hath been performed to the grcateft of Our PrcdecefTors. And for Our Minifters, We will not that they be terrified by thofe harlTi proceedings, that have been {trained againft fome of them. Eor, as we will not command any thing unjuftordifhonourable, but (hall ufe Our authority and prerogatives for the good of Our People 5 fo we will cxpc^. that Our Minilttrs obey Usjand they fhallalTurc them- fclvcs. We will protcd them. As for Our Merchants, We let them know , Wc fliall a! waies en- deavour to cheriln and enlarge the Tradcof fuchas be dutifulj, with- out burthcning them beyond what is fitting : but the Duty of Five in the Hundred, for guarding of the Seas, and defence of the Realm , to which wc hold Our fclvcs IHII obliged, (and vvhichDuty hath con- tinued without interruption fo many fucccffion ofAgs"s) We hold APPENDIX. iiogoodor ciUciiuU Subject will iltny it , being To ncccffiry tor the gocdoftl.c whole Kingdom. And if any faftious Merchant will af- front Us, in a thing fo rcafonablc, and vvlicrcin \%'c require no more , nor in no other manner, than fo many ot Our Pfedeccflors have done, and have been dutifully obeyed: Letthcm notdeccive themfelves, bucbe alTurcd, thacW'tfliall find honourable and juft means to fup- porc OurEftatej vindicate Our Sovtraignty , and prcfcrvc the Autho- rity which God liath put into Our Hands. And now having laid down the truth and clcarncfle of Our pro- ceedings, all wife and dikrect men may cafily judge of thofe ru- mours, and jealous fears 5 that are malitioufly and wickedly bruited abroad i and may difccrn, by examination of their own hearts, whe- ther Cin refpcd of the free paflageof the Gofpel, indifferent and equall adminiftration of fuftice, freedom from oppreflion, and the great peaceandquictncffe which every man cnjoycth under his own Vine and Fig-tree) the liappincfle of this Nation can beparallel'd, by any ol Our neighbour-Countries ; and if not, then to acknowledge their own blcdedncffe, and for the fame be ihankfuU to God, the Author of allgoodncfTc, II IX ] APPENDIX. A Propofitian prcfcntei to the King how to keep in awe this na- tion. Firft to have a Fortrcfle in c- yery confidc- rablc Town. becaufe they cannot well fucceed: when by cnis courle the apparent means is taken away , to force the King and Subject upon a doubtful! fortune of a fct Battle, as was the caufe, that moved the pretended invalion againft the land , attempted by the King o[ Spain in the year 1 588. 6. That your Majeftic's government is the more fecure , by the people's more ■fubjc£tion ; and by their fubjedion , your Parliament muft be forced confequently to alter their ftyle, and to be conformable to your will and fleaiure; for their words and oppofition import nothing, where the power is in your Majcfties own hands , to do with them what you pleafe ; being indeed the chief purpofe of this difcourfe, and the fecret intent thereof, fit to be concealed from any Englifh at all, cither Coun- icUors of State or other. For thefe, and divers other weighty rcafons , It may be confidcred in this place, t(^ make your Majcfty more powcrfulland ftiong, lorae orders be oblcrvcd , that are ufcd in fortified Countries, the govern- ment whereof imports as much as the States thcmfclvcsj Ime^anj in times of doubt or lufped, which are thcib. Imprimis^That none wear Arms or \A-'capons at all , cither in City or Country , but fuch as yourMajefty may think fit to priviledge, and they to be inrollcd. 2. That' APPENDIX. 6 D I h}^ a. Thacasmany high-waiesas conveniently may bctipne>be made paflabic through tnofe Cities and Townes fortified), to conftraiu the paffcngcrs to travell through them. 3. That the fpuWicrs of Fortrcffcs be fonrtc times chofcn of another Nation, if fubjed to the fame Priijcc 5 buthowfocvcr, not to be born in the lame Province, or within forty or fifty miles of the Fortrefrc,and not to have friends or correlpondcncy Hear it. 4. That at all the Gates of each walled Town be apppinted Oflicers, not to iuflier any unknovvn paffcngcrs to paffe, without a Tic- ket, lliewing trom whence he came, and whither to go. And that the Gates of each City be rtiut all night , and keyes kept by the Mayor or Govcrnour. 5. Alio Inn keepers to deliver the names of all unknown paffengers that lodge in their houfes 5 and if they ftay fufpitioufly at a- ny lime , to prcfe nt them to the Governour : whereby dangerous per- sons feeing thefe ftrift courfes , will be more wary of their actions , and thereby milchievous attempts will be prevented, AU which being reterred to your Majeftie's wife confidcration, it is meet for me withall to give youlomeiatistadion , of the charge and time to per- form what is purpofcd , that you may not be difcouraged in the diffi- culty of the one, or prolongation of the other j both which doubts arerefolved in one and the fame rcalon, in refpeftthat in EngUnd ■, each chief Town commonly hath a ruinated Cattle, well feated for ftrength, whofc foundation and ftoncs remaining, may be both quick- ly repaired for this ufe, and with little charge and induftry made ftrong enough, I hope, for this purpofe , within the fpace of one year 5 by adding withall Bulwarks and Kampiers for the Ordnance , accor- ding to the rules of Fortification. The Ordnance for thefe Forts may be of Iron, not to disfurnifli your Majeflie's Navy , or be at a greater charge then is needf ull. To maintain yearly the Fort, I make account in ordinary pay, three thoufand men will be fufficient, and will require forty thoufand pound charge per jinfium, or thereabouts , being an expence that inlcriour Princes undergo , for their neccffary fiifety. All which prevention added to the in vincible Sea-force your Majetty hath already , and may have , will make you the moft power! all and obeyed Kmg o[ tlie world. Which 1 could likewifc confirm by many examples , but I omit them for brevity, and not to confufc your Majelly with too much matter. Your Ma jetty may find by the fcope of this dilcourfc , the means llicwcd in generall to bridle your Subjcfts , that may be either difcontent or obftinacci. So likewile am 1 to conclude the fame intent particularly, againft the perverfneffe of your Parliament, as well to luppreffe that pcrnitious humour , as to avoid their oppoficions againft your profit, being the fecond part tobediicourledon : and therefore have firft thought fit, for better prevention thereof , to make known to your Majefty the purpofe ofa generall Oath your Subj^dis may take, for furc avoiding of all rubs ) that may hinder the conclullon of thefe bufineffes. It is further meanr, that no fubjc6t upon pain of high Trca- fon, may refufe the fame Oath, containing onely matter of Allegiance, and not Icruples in points of Conicience, that may give pretence not be dcnyed. The cffcd of the Oath is fhis,That all your Majeftie's Subjeds do acknowledge you , to be asablolute a King and Monarch within your Dominions, as is amongft the Chriltian Princes j and your Prero- gative as greax : whereby you may and Ihall of your felf, by your Ma- jeftie's Proclamation ,- as well as other Soveraign Princes doiiig the like. Secondly, To f caiiftt high- i waics to be ' ! made through ' fuch Towncj. Thirdly, To choofc cUc Souldicrs of. fuch Fortrcf- fcs, no Inha- bitants of the place. 4. To let none paflc through fuch places without a Ticket. 5. To have the names of all lodgers taken by Inkeepers, The expence cf thefe Foits. To impofean oath on the Subjcits, 14 I APPENDIX. Meanes lo in- crcafc the Kind's rcvc- I To demand a Decimt of m.itscllates. like, either make Lawcs, or reverie any made , with any other Aft , logrcata Monarch as your fclf may do, and that without further con- fent of a Parliament, or need to call them at all in fuch cafes ^ confi- dennej that the Parliament in all matters, excepting caules to be fen- tencc2 as the higheft Court, ought to be fubjcA unto your Majcftie*s v> ill, to give the negative or affirmative conclufion, and not to be con- ftrained by their impcrtinencics to any inconvenience, appertaining to your Majcftic'sRcgall Authority 5 and this, notwithftanding any bad pretence or tuftom to the contrary in praftifo, whicli indeed were fitter to be offered a Prince elcftcd, without other right , than to your Majcfty, born fucccflively Kwgoi Enq^land^Scotlant/y and Irelar.d, and your Heirs for evcrj and fo received , not onely of your Subjects , but alio of the whole world. How neceflary the dangerous fuprcmacy of Parliamcnt*s ufurpation is to be prevented, The example of Lewes the Eleventh King of Frtncfidoth manifeft, who found the like oppofiiion as your Majefty doth j and by his wifdom fupprcffed it. And, to the purpofe here intended , which is not to put down altogether Parlia- ments, and their authority, being in many cafes very nccclTary and fitj but to abridge them lo far , as they fcek to derogate from your Majc- ftics Rcgall authority, and advancement of your grcatncffc. The cau- tion in offering the atorc-faid Oath, may require fome policy , for the cafier paffage at firft , either by fingular or particular traftation 5 and that io near about one time over the Land , as one Government may not know what the other intcndeih ; fo it may paflc the eafier, by ha- ving no time of combination or oppofition. " There is another means al- fo more certain then this, to bring to paffe the Oath more cafily, as al- fo your profit, and what elfe pretended » which here I omit for brevi- ty, requiring a longdiicourlc by it (elf, and have fet it down in parti- cular inftruftions to inform your Majcfty. 3. The fecondpart ot this Difcourfeis, touching your Majcftie's Profit, after your State is fccured : Wherein 1 fliould obferve both fome reafonable content to the people, as alfo confidcr the great exf en- ccs that Princes have now adaies, more then in times pait , to main- tain their grcarncfTc, and fafcty of their Subjcfts, who, if they have not wit or will to confidcr their own intcrcft fo much indifferently, your Majcftie's wildom muft repair their defers , and force them to it by compulfion; but 1 hope there ("hall be no fuch caufe, in points fo rea- fonable , to incrcale your Majcftie's revenue, wherein I let down di- vers means for your gratious Self to make choice of, either all or part at your plealure , and to put it in execution by fuch degrees and cau- tions, as yourgrcat wifdom lliall think fitina bufincffeofthis nature. imprimis, 1 Jiefirft means or courfe intended toincrcafe youi Ma- jeftic's revenues or profit withall, is of grcatcft conlequence, and I call it a Dfa/wdf/ow , being fo tearmed in /m/> , wherein fome part it is in ufc, importing the tenth of all Subjcdseftatcs tobepaid as a yeerly rent to their Prince i andas well monycd men in Towns, as landed men in tlic Countries, their value and cftareseftccmcd juftly as it is to the true value, though with reafonJ and this paid yecrly in mony : VVliich courfe applyed in £V>^/4/.;i and other parts 5 that is, a prohibiting all Innesand Viftual- ling-houlcs, but iuch as ihall pay itj and to impolc upon the chief Inns and Taverns, to pay ten pounds a year to your Majcfty, and the worft five pound per Annum\ and all Alc-houfes twenty iTiiilings/zfr Annum^ more or IclTc, as they are in cuftom. Of all forts there arc fo many in England i that this Impoft may well yield one hundred thouiand pounds per Annum to your Ms jcfty. //fw, In Tufciiny and other parts , thcreis a(7d^f//tf of all Cattle, or Flefli , and Horfes fold in Markets , paying three or four per cent, of what they are fold for, which by con- je'^urc may be worth in En^Und two hundred tlioufand pounds per Annum 5 ufing the like Cuftom upon Filli, and other Viftualls , ( Bread excepted J and for this caufc, Ficfti, andFifti, and Vi6tualls in the Marker*; 2 To buy ouc I all Leafci up- - on the Crown- I Lands, IJ ? To take the Salt into his Majefties own hands. 4 To demand a rati." for Sea- ling the weights every yeare. y. To demand an Inipofl for Wools. 6. To put a Tax upon e- vcry Lawyen Fee. 7. To put a Tax upon Inns and Vi- iSualling- lioifcs for a Liccnfc. 8. To put a Tax Upon all Citck-.Flelli, aud Hoifii fold in the Market. C-J 100 i6 APPENDIX. 9. To put a Tax upon all Lands aliena- ted. jc. To de- mand a rate upen all Offi- ces in his Mi- jsftie's grant. 1 1. To red ICC his Majefties Ho'jfhold to Boaid wages. II. To de- mand a rate tor llccnfc ro eat LdilicinU. I J. To talc-- an inipolitioii upon the C.V tholick* lands Markets, to be priced and fold by weight, whereby the Subjcd fa- vcth more in not being coufcncdj than the Impofition impaireth them. /.Y/», In 7»s^d//)iisuleda Taxation of (even percent, upon all alie- nation of Lands to the true value. As alfo ic\c\^ percent, upon all Dowries or Marriage-monies. The like, if it be juftly ufcd in England^ were worth at Icaftone hundred thoufand ^c\xndi per Amum -^ withi many other Taxations upon Meal, and upon all Mcrchandifcs in allj Towns, aswellasPon-lowns, which here I omit, with divers others, 'A as not fo fit ioxEngUnd. And in fatibfa^lionof the SubjctSt forthcfe Taxes, yourMajeftymay be plcafcd to relcafe them of Wardfhips , and to enjoy all their Eftatcs at eighteen yeers old •, and in the mean time, their profits to be prcfervcd for their own benefit. And alfo in forfeitures of Eftate by condemnation , your Majefty may relcafe the Subjc<5t,as not to take the forfeiture of their Lands, but their Goods, High-Treafon oncly except cd> and to allow the Counfell of Lawyers in cafe of life and death , as alfo nor to be condemned without two Witneffes , with fuch like benefit , which importeth much more their good, then all the Taxations named can prejudice them. Item-, Some of the former Taxation?,ufed in Ireland anA in Scotland, as may cafily be broughtabout by the firft example thereof u(ed in f/j^/^W, may very well be made to increafe your Revenue there, more then it is, by two hundred thoufand pound ^er t/4nnum. Item, All Offices in the Land , great and fmall, in your Majeftie's grant, may be granted, with con- dition, to pay you a part yearly, according to the value ; This in time may be worth ( as I conceive) one hundred thoufand pound per AitiMvi'. adding alfo Notaries, Atturneys , and (uch like, to pay fome proportion yearly towards it, for being allowed by your Ma- jtfty to pradife, and prohibiting elfe any to pra^ifc in inch places, //wj, To reduce your Majefties houfhojd to Board-wages, as moft other Princes do, refcrving fome few Tables 5 this will lave your Majefty fixty thoufand pounds per Annnm , and cafe greatly the Subjcdl befidcs, both in Carriages andProvifion, which is a good reafon , that your Majefty in hononr might do it. Item, I know an affured courlc in your Majeftie's Navy , which may favc at Icaft forty thoufand pounds /;fr ^/>;fa»2 , which requiring a whole Dif- courfe by itfclf, I omit 5 onely promifc you to do it, vvhenfoever youcommand. //<>«, Whereas your Majefties Lawts do command the ftriifl keeping of Fafting-daics,you may alfo prohibit on thofe daies to cat Eggs, Chcefe , and White-meats , but onely (uch as are con- tented to pay eighteen pence a ycer for the liberty to eat them, and the better fort ten lliillings. The employment of this may be tor the defence of the Land, in maintaining the Navy, Garrilons, and luch likc,much after the faftiion of a Crufado in Spain, as your Ma- jefty knovveth , being firft begun there , under tlie pretence to de- tend the Land againft the Moor*. And the fame uled in England, as aforefaid , may very well yield, one ycer with another, one hundred thoufand pounds , without any difguft to any, bccaufc it is at every ones choice to give it or no. jL.aftly, I have acourfe i.ipon the Catholicks, and very fafc for your Majefty, being with u;eir good liking , as it may be vvroughr, to yield you prefcntly at icaft two hundred thoufand pound per jinnurn ^ by raifing a ccr- caiii value upon ri.eir Lands, and fome other impofitionsi which rctjuiiing a long Dikouric by itlclf, 1 will emit it here , fcttiiig it APPENDIX. 17 B D icdovvn in my Inftruciions ; it will favc your Majefty at icalt One hundred thoufand pounds i>er Annum , to make it pain of death and confilcation of goods and lands , for any of the Officers to cou- fen You , which now is much to be feared they do , or elle they could not be fo rich ; and herein to allow a fourth part benefit to them that fliall find out the coufenagc. Here is not meant Of- ficers of State, as the Lord Trcafurer, &c. being Officers of the Crown. The fumme of all this account amounteth unto two Millions, or Twenty hundred thoufand pounds per ^nnum : Sup- pofe it be but one Million and a Half, as affuredly your Maje- fty may make by thcfe courfes fct down , yet it is much more then I promifed in my Letter for your Majefties fervice. Befides , fome fums of mony in prelcnt , by the courfes following : Imprimis^ By the Prince's Marriage , to make all the Earls in England Grandees of Spain^ and Trimipi ■) with fuch like priviledges, and to pay twenty thoufand pounds apiece for it. 2. As alfo, if you make them Foeditaries of the Towns belonging to their Earldoms , if they will pay for it befides , asthey dototheKingof 5;;««in the Kingdom oi Naples. And folikewifc Barons to be made Earls and Peers, to pay ninteen thoufand pounds a piece, I think might yield five hundred thoufand pounds , and oblige them more fure to his Majefty. 3. To make choice of two hundred of the richcft men of England in cftate, that be not Noblc-mcn, and make them Titulatc , as is ufed in Naples , and paying for it 5 that is, a Duke thirty thoufand pounds, a Marquis fifteen thoufand pounds, an Earl ten thoufand pounds , and a Baron or Vifcount five thoufand pounds. It is to be underftood, that thean- tient Nobility of Barons made Earls , are to precede thcfe as Peers , though thefc be made Marqucftes or Dukes J this may raifc a Million of pounds and more unto your Ivlajefty. To make Gentlemen of low' quality, and Francklines, and rich Faimers,Efquircs, to precede them, would yield your Majefty alfo a great fum of mony inprefcnt. I know another courfc to yield your Majefty at leaft three hundred thoufand pounds in mony 5 which as yet the timefervcthnotto difcovcrj untill your Majefty be refolvcd to proceed in fome of the former courfes, which till then I omit. Other couries alio that may makeprefcnt mo- ny 1 ihallftudy for your Majcftie's fervice, and, as I find them out, ac- quaint you withall. Laftly, to conclude all thcfe dilcourfes, by the ap- plication of tliis courfc ufed for your profit , That itis not onely the means to make you the richcft King tliat ever England had, but alfo thefafety augmented thereby to bcMnoftfecure, befides whatfhewcd in the firft part of this Difcourfe -, 1 mean, by the occafion of this Taxa- tion , and raifing of monies , your Majefty iliall have caule and means to imployin all places of the Land fomany Officers andMinifters, to be obliged to you for their own good and intereft , as nothing can be attempted againft your Pcrfon or Royall State over land , but fome of them Ihallin'all probability have means to find it out, and hinder it. Befides, liiis courfc will dctcA many diforders and abufes in the publick Government , which were hard to be difcovered by men in- different. To prohibite gorgeous and coftly apparell to be worn , but by perfons of good quality , lliall fave the Gentry of the Kingdom much more mony, then they Oiall be taxed to pay unto your Majefty. Thus withall I take my leave, and kifs your gracious hands , dcfiring pardon for my error I may commit herein. c Paf(h, Ac the Prince his marriage to make Birls in Prtticipi , $c to pay for it. And Barons to be made Earh. To make loo rich men Ti- talate, and they to pay for the Titles. To make Gentlemen of low quality , and rich Far- mers,!: li^uircs. .8 I APPENDIX. Mr. Sireud Efq; brought to the Kings- Bench-Bar , upon a Htbett Corpuf. , Alfo Walter Loni Hfq;. Tafc, ^. Car oil Regis, B. R. The Reports of the following Arguments were taken by Mr, Widdrington oiGray's-Inn. UJ^On tl^t Habeas Corpus OUt oU\}iS dOUCt, tObting IjetC ttjCbODp of one William Stroud Cf Qi tDiti^ tl)e cauCc Of ^is impjifonment, to t))t ^parC^aU of tbe Kings Bench , it toas retutneo in i\)vs manner : Cljat vMiiiam Stroud Cfq5t»as committcl) unoei: mp cuftotij',bp bectue of a certain sgaarcant unBertbcbanosof tiwelbe ^ojDs oftbe l^zibj'CounciUoft^ejlojDtl^elfiiins; tl^e tcnourof «o!;tfb SEClatrant foUouiett)intbeCebJoiD0. j?ouaretotabefenoMeDge, tbat it is l^is^aietlies e;cp?cire plea^ CureanD commandment, tijat yon tabe into yourcufloDp ttic botpof v\ iiham Scroud cCq^ anD kep l^im tloCe pjiConer , untill j'ou ^ali re* reibe otber oiDer, either from big ^aieftr, o? tljis :J3oarD •■> fo? Co iJo- ing tbiB fljail be ponr ciLlarrant. Bateb tbe 2d of Apni, 1^29, 3lnD tbe Dtreaion tbereof toas, Co tbe ^ard^all of t^e King's Bcncii, 0^ bis Beput|). I^e is liU^ite belo in p^ilon bp bertue of a certain mat^ rant, unucr tbe banb of tbe femg \)Mt\t , tbe tenout of tobtcb CElar^ rantfoUotxjetb m tbeCetoojos, caroius '^x, CKiabereas you babe in pour cuftobp tbe boDp of William Stroud cCq^ tommitteb bp tbe %ot,'i}B of £)ur i^jibp Councill, bp ^w f peciall commanD , pou are to tahe notice, tbat bis commitment baas fot notable contempts bpbtm com mttteb againft ^m ^elf , ano iDur 6obcrnment , ano fo; flitting upof^eDitionagainft5iiis : jfoi tol)icb pou are to Detain l^im in pour cuftot)p,anD beepbim tlof e pjtCcner , unrill£)ur pleaCure be furtbet bnoton concerning bis belibetance. ©ibcnat Greenwich tbe y^hof May, 1 629 ,in tbe 5th pear of iC>i»t;i^cisne. 3(lnD tbe Direction was^Co €)ur ^atl^all foi ;©ur Bench fo.z tbe timebeing, 3lnD tbeCe are tbe cauf es of tbe tabuig ano Detaining of tbe foief aiD William Stroud,5r, 3nD upon anotber Habeas Corpus to tljc ^arf^al of tbel^ottfl)oU),to babe tbeboDp of Walter Long Eic|-, be maDe tbe Came Eetutn as abcbe. Ask of tbe Inner Temple, ofCounfell tuitb ^r. Stroud , mobeD, Cbat tljc ll%eturn ^as inCuiTicicnt.Cbe l^.cturn conflfts upon tboo Cffilar^ rants, bearing CeberallJDareSjbJb^b are tbe caufesof tbetabuig anD Detaining of tbe |&rif oner. Ji oi tbe fitft CMarrant, inbicb is of tbe :(LoiD6of tbcdoimcilljtbntistnfufficiem^ bccauCenocaufe isC^eBon of bis commitment, xo\)U\) is cxpit^v againfi tbe rcf olution of tbe ?.^ar- Itament, anDtbcic l^etinoncf lligbt in tbe timeoftliis i'ling tobicb nobj is , to tobicb be bat) !ibcbjiCe giben bis allent ^ fo bis tafeing bp bcrtue of tbe CaiD C2i3arrant,is txi^ongfiill. ?BnD fot tbe feconD CGlar- rint,itisinruffiitient alfo^ ano tbat notluitbttantiiig tbat it be tbe icings ol>3n 5 foz,tbefeingbimrelf cannot imp?iCon anpman, as our BooliS are,t0 IWlt, ' 6 H. 6. F. Monftrancc de taus. i H. 7. 4. Huflly rcpozts it to be tbe opinion of Ma rkha m , iti tbe time of Ed w. 4- anD F>,.r'c-l-, cap, 18. 3t'nt)tbe recrrongtbrnis.beC'iuCeno action of falfe imp liConment lies againft tbe i^ing if tbc^Impjtronmnir be bjzongfull ■-> anD tl}e feing cannot be a tuzong kiocr. Cbc ^tatuie cf Mag.a ciiarca is; (Him no free^manbe imp.zifO' B D Fl APPENDIX. ^9 B impjifonet) , but bp ttie IfLattj of t^c ILanD, 3nD it appears bp tbeCci Booit0 , tl^atttts agatndti^e }latDoC t^jeXano t(^ac tlie %\w^ qjohId iinpnfon anpone. - 3D'nit tijat :t)is be onclp a fignification anD notification giben bp tbe %\\\l t)imCeif of tiie commitment of tbc pjtiConcr 5 pet tt Ceemg, t^at tbat (ignificaticii is of no fo?tc,ui3ccauCc t^cirojbs ate general^ untcttaiH, — lor noiabx couccnipts^ — Cbwc ate (n t^e KlatD manp contempts of febecill natures 5 tbere ace contempts againft t^e Common lato , a« gamft tjje ^trttutc-la to ^contempts in tnoitis, gefturcs, oz actions, 3!nD it appears not to tl)e Court of toiiat nature ri^cCe contempts t»cre. — Notable — (gtetp contempt ui^icb is maije to t^e iiing is notable, Againft Our Government Confempt iD^itb IS COmmitteDin a Coutt of iSecozD ot C^ancecp, is a contempt agamft tfje «5obernment of t^e jiing, to ait, becauCe tijep DiCobep tlje liing tuijen be commands tijem bp t)is antits, c:. 8. 60. a. Bcccntrs cafe, ctie lad toojDs of t^e IRCtUrn ate , — For fUrrlng up of {edition againft Us __ tDblC^ ttJOll^S lil^luiCe ace indefinite anD generall. 3 fine notttjetnoiD [sedition] in our idoobs, but taUen aojectitjelp, as, CeDitious booto, feoitious netoes, ^c. in tbe Statute of ut, anD ^a. oC Pi.ii. anD Mary, cap. 3. tl)e too?DS ar?, It any pcrlon iV.all be convicted, &c. for Ipeaking, &c. any talle, ledicious, orilandcrous ncwcs , faying of tbe taylcs of the Qiiecn , &c. be Aiall lofe bis cars, or pay loo 1. C^ece t^e peualtp impoCcD tips on Cutb ^eDition is but a fine, c. 4. UoiD Cromwell's cafe i 3 . to^ere ^elitionis DefincD tobe/:or/«wn/c,tDl)«namantatesa coucCeofi^is Oton. 3IInD tl;CCe it is faiD, ttiat tbe toOZDS, — maintain fedi(ion agamll ti.eQiiecn*s proceedings — fljallbeecpounDeb acco^ting to tbe col^e« rence of all tbe luoitis , anD tbe intent of tlje parties. ^0 tijat it is plain, tbattlicreisa CeDition ti^atis onelp finable, anD Uibicb is no tauCeofimpii^onmenttuitljoutbail: 3tnDtDbattbe CeDition is tljatis l)cce intenDeb , cannot be gatbereD out of tbe ujoids, tljepacefo genei DtUl. — againttus — t^oCetJJojDsaceceDunDant, fojcbecp CeDition is againft tbe liing, 5i3pon tl^e generalitp anD incettaintp of all ttje tootDS in t^e ^Return , ^e put tbeCe caCes, 1 8.E.3 . 311 man mas inDttteD,quja turaius t It cquum , anD Dot^not Cap Felomc , anD tljecefoie ill, 29- afl". 45. 31 man ftias inD:tteDtl)atl]etDa0 communis latro, anD t^c inDictment brtDbitious, brcauCe too gcncrall. ^oljete, Hi^t offences are rcnitneb genecaiip. :i3ut t|tjeceougt)t tobeComett)ing inbtbiiiuall, c. $. 57* '>ptcoc*s cafe, quia (chifmatitusinveteratu', isno gooD cauf e fojt tb^BiflJop to tefuCe a Clcrt?, fo? it is too genecall, anD tljece ace fcbiCtne of Dibecs femts ,38. H-3. 2.Bctaufe tfjeClftb is cnminofus, it is no gooD cauiefonlje aSiOjop to ccfuCc bim, 8 anD 9 Eii?. Dy. 2 54. cijc iSiftjop of n. rcfu* Cetbonc,becti«CcbctDa8abauntecofCaberns,^c. fottoljicb anDlti- tecs otlKc crimes, ljct»as unfit , belD tljat tbelaft twoiDs are too ftcne^ rail anD wcectain, 40 E. ; . ^. Jn tl^e tenDec of a marriage , anD refu^ Call of tbe beir, be oug^t to allcDgc a certain cauCe of refuf all. ttbereup* oniiruemapbetafeen. C.8. ^8. iroliopscaCe,toC7,^battbc}dlan< ttffis cycommumcatcDfoiDtbccs contumacies , (1)3 II not Bifable bim , tuifboutfljctoing ComecauCeinCpeciall of tbe eiccommuuication , upon tubicb tl)C Court map juDo;ebJbetber it ujf re fuft oj no. |s»o bece» 31nD beconclut)ct)Uiitba cafetbatiDasretolbcD, Hiii.^^Ei/. Peak anD Paul tbe iOcfeuDams Caio oft^ejSlantiff, Cbou act a mutinous anD c 2 CeDitious zo APPENDIX. Mr.Mifon of Lmcolns-lnn , his Argument for Mr. Long- B (etiitious man, ano maintains imitm againft tljc ;^een 5 anD t^ too^os aDitiDgcD nor aaionable» Mafon Of Lincolns-lnnc,of COimfell ttlttb^r. Long , motJCD alCO , tt)attt)e Return tDasinfufficient. fottl)Cfirft s::liaatrant, tUat ^e ttiag committeDbi' commanij oftljefetng, ligmfieobptljc^antpCounciU, 31 tt)iU not argue t^at, becauCe it tuag tiaimetj as an anttent rigljt per- taining to tbe ^ubicct , in tlje petition of iRigbt , ft>t)eteto ttje isiing ^imCeU ijatl) giljen ^s content, Jf oj tl)e Ceconb SMarrant , tlje iSetwn is, tcr Ibriiny; up iedition a2,ainlt Us and Our Government. ^eoition is not anpteterminet) offence toit^in our)latt): ourHatD gibes Definitions oi DcCtcipriongcf otlje?; oftences , to tcit, of cteaCon, sl^urlicr, 5f elonp, ^c, but tbere is no ccime in our %m called ^tWi- on. 3r is befineo bp a CitJilian to be Seditio, oi Sccciiio, cum pars rci- pubhcx conira parccm i!)iurgii;foi!)atCet)ition tsnotbingbutDibifion. Brafton ant) G'anviii ^ajje t^e too?D [ Seditio 1 gcncralip. :J3cfo:e ttje ^tatuteof 25E.3.ciap. 2. ittoas not clear enough t»t)at tiding tnas CreaCon, tcbat not ■-. bp tt^icij ^'^catute it is beclareo tobat (^alibe Caib Creafon, anb toat ttic Jiimu fqaU not beclatc anp tbing to be Crea-- ton, tUat is not tontamcD ftj-Inn fjeCaiD Statute, but it (ball be be- clareD onclp bp pac}iament.3nD tW Statute ipcafeg not of petition, noube Statute of < h. 4.^1 ap. s(;,iX)bicljmai*.esCometbing5Ctea' fon^boljicb are not ccntaineu tcttfiin tb? Caio Statute cf 2 5 e. 3 . ci^e Statute of i B, ^.chap. 12. ta'xsaDjap all interbentent Statutes, tDtjicbbeclacebneiDCrcafonSJ anDtljefaibJlift ceclares oibcr things to be CtcaCon, but mentions not ^eDition. ^ebition is tbe qualitv of an offence, anb is of 1 cntimes tafeen 3IiDberbiallp ox KiDreitibelp, Co taife tumults oj trefpaHes is Cebition, Tnii. 2 . E. 3. roi. 2 3. b. r. Car- bart'scaCe, 3(imanb3as intiicffb, becauCe in tl^eljigb ftreet be toofe h s, t^cre, being in boflile manner, anb ufurpfb cbcr !)im ropall potoer, Mo\\iti) ts manif eft f ebition , anb tbere it tuas but an uibictment ^ oftrefpalTe, Mien. 20. t^i.roc 27. £)netbattrias Cucbepoj of tbe CHoobbwife f 01 t\)t femg, toas inbicteb fo? Sealing of timber , anb be- taimng Wages, (ndding Carpenters tuages) bpone tbat toas but a boj'j anb !l)i6 is tbere tearm?D ^ebition , anb pet it tuas but a pettjp jfellonp, Mich. 42. E. 3.rcc.6 5. BR. R, Pope upas appealcD bptbe toife of I. .becaufe be felonioufip anb CebitioiiflpmurbcrrD i,s« anb f icuiciouily ] to^sttere put in , bccaufe it tjjas bone piibilp. J5v M)kl) taCesit appears, tbat Ifbitiouis nottalicn as a ^iibftanttbe, fo tbat it !na p be applpcb to treaCcn, treCpaffe , ox otbcr offa ic es. J5v tt|e Statute of 2 H« ^ . c hap, 1 5, tbere is pwuC^cnt mtiimt) fo j tbe railing of fctirious boctctncanb v^t no ptnuP.35nent coulD babebeeti infiicteb fo? it imtUlibe Caib ^tatufc^f* pet u voag febitious,as \3Dell before tbe fatb Statute as after, ?I!nb tbis appears alf bp tbe Statute of ^ raiD 2 of Pnii.anb Mar.chap.-..'ft)bifbbatb bcejHiteb.^be^tatutc 1 3 ciiz.chap. 2.tefitcs, tbatbibrcsfcbi^itiusanb et!tlUifpofeDPcrfons,?c, obta(' neb :SuUs of reconciliation from tbe ^ope, tubirb offence toas mabf i| treaCon bp tbe f ajD Statute, (foi it luas not bcfo?e , anb pet tbere ixwi tcDition) anb bp tbe faib Statute, tbeaibcrs anb abettors are but in t1}Ctaff of I'rcnmnirc. 25p tl^ Statute Of i 3»EIi'. chap. i. foZ tlj? jtboicing of r cnfentious aitD f ebitioua Cities to tbe Croton , it is ena? tfcbbptbefaio Statute, cbat \)tt^nt (Ijallbetlaretbc^utceffo? of .tJ2i_J APPENDIX. tljeiving , Ojall foifeit t\)t moitpof !)fe gooDS, ^c. Co ttjat m tain of -/ teticc, aU^ougt) it be CcDittoiis, is not tceaCon hy t^e Common latjj , not IB nuU ttcaCon bp ilje Statute of 25 , E, 9 . no; bp t^c Stature of 1 13 hiiz.isptljc Stature of 23 Eiiz.chap. a. l)e tljat Cpcafes (eoUious I oiflaiiDewus netos oU\)t £Jucen, l^all lote Ijiseats, oi pap 200 u anD i il^ CeconD offcnrc is maoe f clonp. Clje Statute of 3 5 Eiiz. d.ap. i. i is againft CcDirtous Sectaries , u.»^icl) abfent tijcmielijcs from ti^ A 1 €mtlh tt^^i' arc to bepunit^eO ■ o ). bpt^e montlj, £)ut cf all firtjic^ I Statutes it map be collcctet),tl)attfjc tooib [Sedition] is taben Ijaci- I ouap, actoiDittgto rljc Cubicrt in l^anD. » c. ^,%o}Xi Cromwcirg ' caCc i -seditious , IS rrfcrceL) to ticrtrinc. ^l^ere are offences rmm ^ig^ i va ti)eii; natirce tfjan feiiition, U)t)icl) toece notti:caion,imlef.cCo Dcclarco i bp act of jBarliamcnt. CberptebeUious act is leottion , pet if Cuct)3[lctg be not toiitjiii tl;e Statute of 2 5 B.i. .. tliep ate not treaCon. 17 H, 2 . chap, 8. JaCuctcctiou Of billainsattD otliers is notniale tteaCon, to^it^ B p2obes,tl)a tbefote tijis 3ifi it luas not trcaion. 3[ino ttiis 3!rt of 1 7 «♦ 2. is cepealeD bp tl^e Statute of i h. 4, 23p tlje Statute of 5 anD 4 E, ^. chap, 5, to aiTemWe people to alter tt)e)!Lab3es, ismaoe treaCon , if tijepconttmie together an Ijourcaiter proclamation mate. /vJljisaCi Cembip of people was Ccbition at tl)e Common Haftji anbtlietjcrpar^ [ Cemblp, if tOep after Difroltje upon ^Proclamation maDe , is not treaCon 1 bptljeCaiD Statute. 23ptl)e Statute of 14 Eiiz. chap, 1. it is made irelonp malttiouU? anD rebeHiouttp to IjolD from tlje ^tieen anp Ca^ ^ I files, Pic. but becauCe tfjis relates not to tljc Statute of 25 E. 3. it I is not treaCon. 2 Ji Ceems clearlp, tljat tljis Cafe is toitljin tlje ^mi- oiiofE(gl)t, intol)icbMaanaCi,aitrt, anD tl)C ^tatutes of 25, anD :? 8 E. 3 . are retitcD. ci)e grievance tljerc t»a«, ctiat Dibers ^at)e been impitConcDtsitt^oatx'mpjauCefljetjJCD, totolnrtjt^ep mis!)t mafcean^ i Ctoer acco^tuing to t\)t HaXo, :ainD upon ttjis Hetntn, not5i«g appears to be obiCLtcD to "mW) ^c migljt anitoer. 31t appears pot toljat tljat ' :^jt,lij'i)iil) IS cnlleD Scdicion, ftas. Cljisistljeberp grief intenDeD te . be remeoieD bp tljis Statute : Co tljis Ije cannot anCtocr acrojDtng to ' 'ilntD, Jt appears not tol)eti}er tins lucre a CcDitious act, tteCpaffc , 0? fiauDer,oi )iot)atit tuas at all. C'tje ixioiDs arc , 5cdicio!i againa I ti .c King — cnis l)clps not, fo? e^erp otf enre is againft tlje l^ing, a^ ! gaijia ins Crctun anD Dignitp C tl)at iDDitlj Difturbs tlje Common^ iVJeilrl; is againtt tljc isina , Cetitions Doctrine is Ce'Dition agauift tte l^i.ij;, asisbcfoieTaiD. ^inz^M.^-vidcPoiirac ioi. 19. tOeHozns ' anD Commons Defice tlje iiing, tftat Wiiiiam dc la Pool map be tom^ mttteDfo; Dibers treaCons, anD CunD^v otl)ec l)einous crimes; anD lUe petition hclD not gooD,becanCctoogeneraU: ooiKreupon tnepeiC' Dibit pictiailat ^ilrticles agranft bim. 3llnD tijecefoie upon tbc toijole iUuita-l)e concUiDcD anD piapeD , tl)at^c.Lor,g migl;tbe DiCtl^argeD fro.nl;isiutpnConment. I ^' D F ^naiiotljcr Dap, Barckicv anD Davenport, tbe Migs ^etgcants, acgueDtouDcMig, Cljattliismemm teas Cuffitient in)LaDJto De- taintbem inpiiCon. Bmckkv began, anDfaiD, cljattl;ecafeisneUJ , anDof gieat ipctglit anD conCeciucncc , anDpetwnDecfabour, tDcpje- rogatilje oftljefeing, anutDelibcrtpoftftc ^ubiect, arc not maiulp totJcDf D tDcrein; f oi tlie caCe is not Co gcncrnU as it Ijitti been maDe, but particular upon tt)is partitulu* iReturn (E\)t libertp of tDe ^ubjert is Serjeant Bar tncertain. 4. c^att^e offences mentioneb in tbel^eturn ate but Jiin^ble, anb tl)ecef oje notttitbUanbing tbetir tbe pattp is bailable. f ot t^e firft, it batb been obiectcb , tb^t tbe tommitmrnt bere b?as bp tbe)Lo;Dsof tbe |&?ibp Councill, anb tbeCgmficanonof tbis caufeis bp t^e feing bimCelf . 25ut 31 Cap, tbat tbere is a furtbcr matter in tl)e llemrn •■> fo?itbe)LojibBOf tbe councill 10 it bp tbe commanD of t^ isiing, anb ti)ep onelp purine tbis commanb. 3; totll net tifputc tf fee- tbertbeXojbsof tbe Councill babe potoerto commit en tMmti 0? no , it is common in cicpetiente, 3 3 h, 6. 2 s. Poignt caCe is erpiefi e in it. 3lnb in ^e petition of rigbt it is abmitteb . tbat tl>ep map com* mit.3lnD tbis is not allebgeb tbere fo? a gtubante, but toe grietame tbere, teas, bccauCe tbe particular cb^tge of commitment leas not CbebJeD. ^ome leooks babe been obrecteb topjtobe, tbattbe ismg, tljougt) inperfon , cannot commit anp pcrfon, \t\ . 6. k m. i luai ^c dc hits 1S2. 25utt^e autljojitpoftbat Booh banifljet!), if tbe cafe be put at Iarge,tDbitlJ^asin treCpaffe fot cutting of Crecs cte 3©e- f enbantCaio, Cbat tbe place b3bcre,?c is parcell of tie ^arnoi of D. Ibbercof tbefeing isCeiCebin jfee, ant) tbe feingccmmantsustocut. 3nb tbe opinion of tbe Court tuas, tbat tbis is no pica , lintbot;t fijca- inga fpecialtp of tbe ccmmanb of tl)e &ing. 3(nJj tljcretbe bcbole Court Caies, Cbat if tUefeingcommanbmetoarrellaman, ubercbp 31arrcabim, be fljallbabctrffpalTecj impiironmrntagair.flme, ai- tbougb it be tcneintbcpiefcnce of tbefcing. cbat tbe folfotoing tDozDs are to be imoerftoob, as tbe piinrtpai cafe teas of one ccmmanb of t^e ^ing bp toojb , anb tben fucb commanb bp tto^D to arrcft a man isboio. 2fnb iH. 7.4. "teas obicrtcb, Huflly CaieSjtbat Maiki^m Cafb to feing Edw. 4. tbat be cannot arreft a man foz fufpttion of CreaCon oz Jclonp , beratife if be bo bojong , tbe partp cannot tn tc tis action. Co tbis 3! fap , Cbat tbe :6ooU tbere is 10 be unteiftccb of a tozongfullarcefl, foitb^rc is CpoUcn of an attion of faifeimpiifcnment i anb a toiongfull arreft cannot be maBebp tbeiiing. 2. "Jt ftanDs not toiti^ tbe bigniti' of tbc?^ing to arrcft any man ■-, r. 4. 7 ?. Cbe itiiiig mafees a Hcafe fo.t pears, renbiing rent , tcirb conbiticn ofreentrp fo: nonpapmcnt^ bcfballtafeeabbantageof tlje conbiticn tuitboiit anp bemanb^ anotUereaCon tbere giben, is, tbat a decorum aub conbeniencp migbt be obf etbeb. ^0 it is not befitting foz tbe i^ing in D APPENDIX. B D in petCoii to arrell anp inan,but tht l»ing niap conwtanD anotljct to do ir. Braiton lib. 2. dcacquirciiao rcruni Doiniiuo, toi. 55. faj'tS, l^\)Rt t\)t Croton of tl^e feing is to do uiRice anD juDgment, aim taccrc pace n) , toitljout "m'oid) , tlje Croton it f elf cannot tublift. ^ebccali confiiutti: on3 are to be mate upon tt)orc fcberall teozDs, — ant) tlje laft xooiD0 — taccrc paccni — implj', tiiat tbe feiug batb a coercitje pottier* Briccon 1. 1. amongft tte Hrrata. cb^ J^wfi faiti in pecfoH , 23etauCctoeatenotfiifftc«ntuipcrfonto toebetp tl;ing, mc DibiDe tbe cbargc into man? pirtjj. CGle ate tbe peoples 3Iuftice , anB a J,iy^ dice tinpUes one tbat bati; potucr to Do iuflice in tberr ^"^ > to ^^t, bp impziionment, oi otbecttiif e. 20 h. 7. 7 • c. 11.85. it 10 CaiD, cbat tljt l^ing is tlje tUicf Juftice. 31nD Lambert in bis ) ufticc of peace, toi. 3. Caies,f?I!:batinanrienti^iflojif6, tlje cbiefjuftice of England iscalleb, Capualis juihcia & Prima JulUcia, after tbe iS^ing, in Hnuland. ^o t^at t^e i^ing batb tbe fame potoec of 3!i'.a(re, as tbe Cbief Juftite baD. Cbis impiifonmcnt bere,tDbic^ isbefozeconbirtion fot anp offcnc,i6 not uCetitoUJaiDs tbe ^ubictr as impjtif ot)ment f 0? anp fault,but is ratber an arreft 0; rcftrawt to aboiDfurtberintonbeniencies, 14. h. 7.8. ^Itjluftire of j^cacc map atrtft men tiotouap artembleo , f oj pretention of f urtber miCcbief . 3nD tbe 23oofe alCo fates , /Cbat be map icabc bis f erbant s tljcrc to arrcil mc!i,foi f at cguaro of tbe peace. 3It is a cafe tueU bnoton, tbat if a bouf c be f et on fire , eterp man map pull h oton tbe nei:t boufc , fo.ipieticntionof greatecmiCtbicf^foit feen'is concerning tbe ^IncenDi^ atif s of tbe ^tate , tbep ougbt to be reftramcD anD f uppzeft, left otl^ets (^DUlD be (lirrcD upbp tbemto tl)efame combuflion. 22 an; 5^. anD 2 2 b . 4. 4 5 » in f alf e impjtifonment tbe 5Def enbant juaifies , becaiife tbe J&lantiff tM'is mao anD out of bis U)its, anb tbat Ijc baD Done Tome barm, ant) tbat \)t bao botmDanb bcatbimto nboiDfurtbcr barm, 'bJbicb migbtl)''tebappeiicDbplns maDnclfc: 3l!notbciuflifitaaon lOoagbelD gooD. ^0 ft ism matter of (Sobccnment, toabcio commotions, tl)e jfeing ougbt to uCe l>i6focttibe potter againiltbofe tbat arc enragfD itBft objtaion Boas, ibat tbis couii'e toas agauitttbe IDctition of l^igbt, 15ut 3 anfixiec , /^b^ttbis cafe is out of tbe luoibs of tbat i^etuion : tbetuoiDs of tbe ideation toece , — - c^bereas bp tbe Statute calico, Cbe gceat (Eb^eter , anbbp tbe Statute of 28 E. 3.no free man map be fatten oi impuConcD — pet agatnft tbe tenour of tbe CaiD Statute, 6tc, Dibcrs of pour Cub ects babe of late been impiifoncD , ttutbout anp caufeibc^eDi anB tobenfo: tbeirDelibcrance,-tc. tbcp mtc bJougbt befozc tbe Juitircs bp CElrits of Habeas corpus, tbcre to unDcrgo anD reccibc as tbe CouctUjoulDoiDcr, anD tbciriicepers commanlcD to' cectifietbetauCeoftbeicbetepnfr,^nDno caufetoas certifieD, but tbat tbep Ibcre DetaineD bppour^^njTllicsfpffiali tommauD, ii':\aificDbp tbe:lo:i36ofpour Council anD pet bjece returncD bacU to fcbcvaii pnCous, uuiboutbemgcbargeD toitbanp tbuig to tUyicb tbfpmigbt make M\iwi afcoiDing toU^ato. Cbcfc lift VbojDs are obrcrb^ble, — SElitbout bemg cbirgcD ttitb anp tbing, to tobitb tbcp migbt maseanCtocr CbeCetao:D3tio not refer to tbe l'\fturn of tbeHa- bcasCui[)a , fonbecaufetctutncb tbctcm cnnnctbctcabitifDji; H. 6. 54*biittbJ Court toofeitasttue. 25ut tbcfctting foub of iic(PUfe, anDtbeanCbaertotbcfamctaufc, istobcuponotber pzcfCfDinrs, to tDit, upon tbe inDiitmcntfot tbe offence, 01 otbcrft)iCr. 3nD tbere is grcnt Difference bcttoecn tbe return of a ssantto l»bicb aman mnp nn= fioec ^3 2-4 APPENDIX. c (t»et,anD t^e return of an Habeas corpus, lo H. 4. & 3 H.7.1 1, are,tljat' if tie ^^etiff return RcIcolis, all certainties of ebcrp circumftante! oug^t to be ^etoet), becauCe it is fitting, tl)at a tiding certain be bioiigl)t ] into fuDgment. 3llnt) upon fljetjjing of il;e griebante, as abobe, t^e |^e= 1 titioni6,fbatno free-man, inanp luci; jnanncr as befoieis mcntio- neo, be iinpuConeb oj Detainee , (i uch ; anb it ijatb relation to twU m I piiConment, UJl^ic^ismentionebm tbcpiemiCes. ^m impuConment ; mentioned in tbe p^emiCes of tlje ^sctitieu is, "mijecc no tauCe at all luas mentionebb tljni txJl)ere an? cauf e is OjetucD, is out of tljc J^etitiou , anD tl^at [ luth ] ietbetoo^brelatibe, appears bp €,11,62. toberemanp cafes areputtotbc fame purpote i iKlicI) fee. Cljettiirb objection toas, Cljat tOe Eeturn toas generall anb wv rertain. fC^cCounfeUontbcotberfibe tjao btbiDcb tlje bdo.zDs of ttje iReturn, buttl)atistoofferbiolcntetl)creuntos foian erpofition t^all not be mabe bp fractions, but upon tl)e toljolc matter, f 0? t\)t firft txioibs, — nocabic contempts — 31^ l)''tb been faib, tbat il;e aDbition , " of tbetDojb [notable] is buttomafce a Bourid): I3ut3 Cap,^ijat [nota- ble] is not t6e empljaOs of t!)e i^eturn , but it onelp erp?effetb tlje nature of tlje offence ' anb pet [nota bk j is a iwoib obterbabic bp it felf in t^e U.ab3,anbimplre0, tbat tbetbingis fenoton auD noteb. 23p j7 E, i. ^Ijenffs f^all be punil^eb, tljat let notorious oSenUers to bapl ^ anb bp fbe^tatuteof4H.4. chap. 3. a notorious ouommontbicf fljall not mabe l)is purgation : ano 2 ^ E. 5 . 7 1 . in a trefpade foi fair iinpnfon- ment, tlje JDefenbant faiD , Cljat tl)e i^lantiff came into tl}e ^oftn of Hunnni:rcon,anbbecaufel)etoasfeenint^etom?anp of u. dc inorby, Ibbo bias a notoiicus tbicf, be,as25ailiEf of Huntiiigton,tcolvl)im upon fufpition. 31 coiifeUe, tbat — icr contempts — isgenernll, pea itis genus gciKraliflinuim,anb bOitljIU tljt ?SCtltion Of I'iigbt^ but tbe U50^DS are, — ngainftOnricit — Jt Ijafl) been faiD, c^attljlsmig^t be bp itrebCCent lro:DS Ot gCflureS. and Our CovermnLnt Jtljatl) been iaiD,tuattl)isniigl)t be bp contempt totfje icings cai^it, oibpKetraxir, as Btcci.cr- caieis. ^0 tljlsj auftoer, Cljat tljofe UJozQS bJbifb are Cpoben to one purpofe, ougljt not to be bozefieb to an- otber •■> anb tbis is againft tlje common meaning of tbe bjozbs, c. 4, COou art a murberer , tlje 3Bef enbant fljall not aftettoarbs erplain it to be a murberer of i^ares, foz tbe l^igbeft murber is intenbcb. ^0 ^ere, tlje l)igt)cft (Bobrrnmcnt is uuenDeb. 4, 3itl)atb been ObiettCb, tljat ■ — — for ftirring up of fcJition againft Us map pcrijapsbe but an o0fencefinible: ButtboCe bjozbs lopneb toitbtlK former bJ0?b6,f^eiuilji6 to be ancffence of t(je IjigbeO nature^ f etition is a fpcciail contempt 31nb altbougl) fcbition in it felf map be but a generail offence, petljereitis Scdujonauainft Us and Our Govcrnmciu , iDlutl) mafces It particular, 3It batl) been confclTcD bp one tbat argueb on t\)t otbec fDc, tljat tljcre 18 a gcncrall In a particiU^.r. (.4. Hollands cafe, t^ere is tbe mod generail , anb there is general m parricular , as t^e ^tate (S'cclefiaftifall. 5IV. cbcre is moie particular,aB,it is not uncertain, as it is tjete* Ci?e tOOJDS arc, — tor notable contempts agaiiitt Us and Our Govtrnnunc, & tor Itirnng up of fedition againlt Us^— - J^fre iS CCttaintp Of intCnD* ment one toap. /Cljcre are manp saarits txj^ir^ are moic uncertain t^an t^is Return tiece is, ^ pet gooD, C^e mm concerning tlje tafcingof an 3lpoftateis general, Qyoa iprer j nabitu Ordini' ^ anupettl^ere aremo^e Cozrs of H.poa.ttic5. 3In t\)t sacit concerning tlje amobing of a iLcper , t^e ttioiDS arc genccali, anD pet it appears bp i-. N. B, t^at ttjrce are .too feinDs of )Lepers, one outluarD, anD t^e otijer intuarD -, anD ioi t\}t latter tbe ajoarit concerning ainotjing a Xeper. ^ot^e curits concerning tlje burning of an l^ercttcfe , anl) conterniiig tl)C cranMning of an jDiot, are generrn^anD pet tDcre are CunD^p bmos of i^erctitfts ano JDiots'aiCo, 23ut it l)?itO been obiciteD,tDa£ [ h duion j is iwt a)La\u tearni noi t.noi»n in tlje iLaiM , of tubicb tlje JiiDges can tafae no notice -, but tlje too^os to CiCpicITe offences of ti)is nature are, ^urDcr, -vEccaCon, f clonp , ^c. anD tbit no3)nlnamcnt of ^coition gcnecallpiuas cbcrieen.'^o ttjis J an* CUjec,^ectiaps it is true,tuat no'jinDictmcnt toas eljer Ceen niaDe,bec;iuCe ttje fonn of an Jnoictinent is p?.ecife, tuoiDs of art are reqiurcD ttjercin, as appears uiUyci6ij.:^i.c.4.Vauxs cafe 3 pet in 3 h.f.Dycr.oy. itisCaiD, tljat Furatus implies Fclonice ccpit , altl)ougb tl)e tomva' rp^atb been obiecten. 3Inal'ieturn,\)DojDs bp ^eripb.iafis are f tiffin cient. Clje Tjarrant of a Juftice of j^eace to appie^eno i >. bc< caufc of piepenfeD malice, intcrfcdt i. d. 10 goob enough), al-. tl^OUg^ tbete toantS ttje tOO^b murdravic. 3[n 5K. 2.F. tryal 54. BciknapCaieg, (€W a mtCcreant fljall fotfeit tis lanb. j©ut of tDl)icb it map be gat^ereD, t^at a man map be iubicteD fc? mic- creancp, 3llii6 it Ceems libetoiCe , tbat an ;5nDtctmcnt of feDition mapbe gooD , foiin Come caCes it is CreaCon J agree, Peaks cafe , tDbicbbat^bcenobietteD, tbatfoi tljefetDoibs, [icuuiouskllowjno action lies^anb fo is C.4. i p.b.becaufe tbofe tyozDs Do not iinpoit an art to be Done,but onelp an intimation to Do iu but if a nr^n fap fiicb toojDs ofanotber, t»bicbm^po« tbat Ije l)atl) maoe CeDition, tljcpare actio- nable, as it boas reColbebin PniUips 9 Badby'scafe,24 Eiii.c.4. ly. a. Thou hall made a Icdicious Sermon ^and moved tlie people to ledicion this day , aDjuDgeD actionablc. ^0 in tbe )io:D Crom wcils,c.4. 1 2, 1 3 . tbe action \XOUlD babe lain fOltljoreUJOlbSj You like of chofethat main- tain icdition ayainft the Qiieens proceedings , if tbccc l)at) notbfcn ano- ther matter intbecaCeJ ao;rce, tbccafeof 2 1 E. g. ^ir 1^''"^ Garboyls caCe,ii 42 E. ^Soi in tboCe taCe0,CcDition luas onlp taken aDiectibclp,anD C^etoes an inclination onelp to Do a CeDttious ott, ^ in f ucb CenCe Ceoition map be applpcD to otber offences tbcn tceafoa Jn 3 1 E. t. h g? rJ. i s 7. Gardcin in s x age maDc f cofmeiU of laiiD toljitl) be baD in C^arD,Cbis is foifeiture,Cai:g tbe Boolvf oi tbe treaf on tobicb be bib to tbe C^UarD -, fotbere, one tbingis taUct) treaCon, tobicb is onelp a btcacb.of trult.;|n anappeal ofMayiicm,itis teionice, anDpct6 H. 7. 1. it isnot jfclo- np : 23ut f clonp is tljece onelp put to crpieffc tbe Vawioufncne D of i6 APPENDIX. oC tU oSence, it 10, as it rx>m, afelonp. C^e Statutes of 2 H.4« i Mar. 13 Ehz. 55 Eiiz. 17 R. a. 3, & 4E. 6. 14 Eiiz. tD^tct) tjate becn ob< IccteD, l^be t^ too^D [i edition] but not applrable to tbis caCe. Bradon in bis 23(«jfc»tic Corona,Caieg, si quis, &:c. 3lf anpbp taC^ attemptjplot^ tins ti)t mn^Q beatb, ^oulb act , o^au^e anp to act , to tbe Cebittonof tt)e HeiDt^e !feins,oz of bis 31nnp,tt is ttcaCon.3nb GianviijinaBmanp mm, Caieg , € oat to Do anp tiding in Ceuition of tbe fcingDom , o^ of t^ 3irmp,i86i5^ tteaCon. 3inD Bntton, toi. , 6-, 3|t is bigt) twaConto bffljetittbeiiingof t^eBeaUn,anDCeDitiontenDettj to tbe liC^cntance of tbe iing, foj,ag it batb been £aiD,Scditio eft quail feorium iiio,tB^en tbe people ate fcbewDftom tbe iiing: oHti6,Scpcransaditionc, tDben tbe people ate CetjeteD from tbe potuec of tbe feing,3ni) in t&is f enf e>^e^ tittionts noOtangerinout %mj anDCutO(eDitiont»W Cebersti^ people ftom tbe l^ing is Creafon. Butit batlj been obiecteD, tbat bp t^e Statute of 25 E. 3. tljeiBarlia.- mcnt ougbt oneip to Determine tobat is treaCon, tobat not.Co tbis 31 an- f t»er, (Cbat tipon tbe CaiD ^tatute^tbe poOtibe TLato bab aibjaies maoe WPUcation, anD eiCpoOtion, Br. trealon 2 4. tbe tBOlbS are, CompaflTc or imagine the death of the King; antitbeteitistafecn,tbatbe tbatmali- tiotiap DebiCetb bo^ tbe l^ing map come to ocatb, bpttotUs,o^otber< Xiailt, ant) Does an act to ei;plain it, as, in affaping barneffe, tl;ig is trea« Con, 1 3 Eii7. Dy. 298. Doaor Story g caCe, b^ being beponO'Cea, pia^ ctiCeD bJitb a foziatgn }&?mcc to inbabe tbe l^lealm , ano belb treafon , becauCe inbafionis to tbe petill of tt>e jSjince,ant> Co toubm tbe Statute of 25 E.g 4 Mar.Dy.H^.Cbetabingof tbeCaftleOf Scarborouei.fiDag treaConinStaffcrd,bp ^o.aiT.p. 19. tobictsftjaspiefentlp after tijema^ fcing Of tbe Statute of 2 5 E. 3 • 3 man ougljt to babe been bangcD anb Dzabjn, tbat biougUt ^Letters of Crcommengcment from tbe pope , anb piibliftebtbemin England .- U!nDitistobenoteb,tbatattt)eCametime, tbete teas no Statute to mafce it treafon , but upon conftruttion of t^e Caib Statute of 2 5 E. 3 tbougb nob) it be maoe treafon bp tbe ^atwte of 1 3 Eli/, if It be toitb intention to aDbance foiraignepobjer. j^erbaps tbe f ebition mentioneb in tbis iHeturn i« bigl) treafon, anb pet tbe i^ing map mal^e it an offence Jfinable, foitbemappjoCetutet^e offetttio?in bobat courfe be pleaCetb •■> anb if it be treafon , tDen ttepiiConers are not baplable, bp tbe S>tatute of Wcitm. ©ut, f uppofe tl^at it is but a f inas We offence, pet bp tbe Caib Statute, tbofe bJbicb are imp^itoneb fo? open anb notojious naugbtinelTe (ball not be bapleb , tbe Came naugbti' neUe is tbere intenbeb biglj anb e]C0Jbitant offence? 2, 3it is fit to rettrain tbe piiConecs of tbeir libertp , tbat tlje Common UJealtb be not bamnifiiet). 31t is latofuU to pull bottn a bouCe, to p^ent tJ^fp?eaDing mifcljief of fire i it is latofuU to reftrain a furious man. Sllnbbp tbe 14 h. 7. ajuftice of peace map reflratn one rout. Cbcn ti)t reOraint of Dangerous men to tijeCommon-ttiealrbisiuftifiableanb nete(Tarp,34. E. s-s?* p. 25. ^it Thomas Fjgct loent armcb in tbe jBalace , to^icb toas ^mtXi to tbe feings Countell ; tuberefo^e [^ b5as taben anb biCatmeb befoie tbe tbief Curtice, (barb anb committeD to ti^ piifon, anb be coulb not be bitpleo tiH tbe feing Cent bis pleaCurej ann pet it toas (bctueD , tljat tljc 5LozD of r. tbieatncD bim. ^ut of tebct) caCe 3! obCcrbe ttDo tilings: firft, tb^t tbe jubge of tDis CourtDiDcauCeamanto be appjtebenbeb , upon complaint mabe to tbe €oun* B D APPENDIX. ^7 B D CoututI, rtjntis, to ^cHotas of tlje jBjii)? Countill. 2.c^at al tijougl) Ijc DiD nothing, l)c is not indpu-pecnable until! rtjc Mn% Cent tjis picnCure , bcc.iufe Oc luas anncD anii furioiiflii DiCpofcD. ^o ^ere. ^Ulj:rcfo:e3lpiap,tl)ata)c^^iiConcc0 map be Cent back again. Davcnpor: argticttotljc Cainc intent anDpurpoCe, anD t^erefoje J tJJill repoit l)is :?iirgumcnt biieflp. 1 . i^c faiD , ctiat tl)C iXcturn IjcteigCufficient. C^e CounCell on t!je otliaritje IjaVic maDe fnutions oftljis liletum, anDtJitoiDeoit intofe- tjerall parts , toljereas tlje gamine conftruction ougljt to ^abe been maoe upon t\)e entire ifieturn ■■, io} no biolcnce ougfjt to be offered to ttje fCert. 7 E. 4. 2 o. 3ln falCe tinpiiConment, tlie BefenUant DiD4u8ifie, sm alleogcD fetecall reaCcns of Ijis juftificationi to toit,becaHrea mantoag feilleo, anD ttiat tljis luas in t\)t County of s. anD tliat t^e common tjoice an J fame Was , t^at tl^e plaintiff toas culpabU. 3no ti^is tons t)dD a gooD pica , altl^oug!) liryan DiD tljete obtea , C^at ttie plea noag Double oHreble^ anDtljereaContnas, becauCettoentp cauCes of fuCpi* tfon m^k but one entice tauCe, ano inoibifible unitp in tljisoug^t not to b; DibiDCU, ^0 c. 8. 66. Crogatcb. Jn an action of tceCpalie, the !Dcf enuant funifies f oi Ceterall tauies, ano l^elD gooD, becauCe upon tlje matter, nllof tljem mabe but one cauCe. C 8, i ■ 7. 3Jt is CaiD , Cljat it is an uniuft tiding , unlelTe t^e toljole Xato beloobeo into , ro juDge anD anCluei:, bp piopounDing an? oneparttculac tljereof i anD if it beun^ ^uft in tl)e ej:poCition of a ]iaUJ, it is unciliiUin a lUeturn to mabe fra; (tion3orit,intl)e conftruction tljereofefpetiallp, it being a Jfieturnfoj 31nfo:ination, anDnotfoi BccuCation. a.tiiapiigi) tije CoimCellontlje otOer ODet}abe takntljis taCeto betDitliui ttic ^^ctition of ISigljt, j'et ttiis is I'ctitio principii,to tafeet!)at fo: gcaureo iioljtit is t\): tiueftioii in oebatc, l^e f aiD €!)at l)e tuotilD not offer bioUT»ce to tljc petition of migOt, to tol;ivfj tl)C iving IjaD aff tnteo, anD tDl)itlj fljallreallp beperfojmeD, But t^e queftion Ijereis, CffiJljet^er tl^tflURetutnbe Untljinitf anD thejuoges are beepers, not maOers of t^feplcDge^ anD it Ceems, i^att^isl^eturnis out of ttje letter anD meamngof t^e CaiD Statute. s.l^eCaiD, Cliatt^istJjastljeactuall tommitmcnt oftl)e?Lo:Dsof tliej&tibpCounrill, anDttje b^ibttuail ojbirtuall comnutir.cnt of ttjc Ifeing . But bctauCc upon t^ere ttoo matters l)e put no caCe , noz gabe anp rcaCon , but loljat tiao been put oi giben m the :?l!tgumcnt of ttie gtanD Hai.cas corpus , Micti. j f .'aroii. auD aftetftiarDsm tl]C l^oufe of Commons, tohitUbjasrcpoiteD to the )lozDsintl?e p.iintcD Cf;am< ber, rfiU lubici) ^igumr nts j heato ) J babe l^ere omittcD them. 3t(nD fo}t\)t gc:at reCpcct bJhich the ^lato gibes to tbe commanDs of the liing , be put theCe caCes, 7 h. 3» Attachment of tonRc againd the Ce? nam in Bo\»jr , ano the toaOc ttJas asflgneD in the tabing of fi(h out of a pouD , ano the tarrprug tbem ab)aj? . Che 5DcfcnDant pleaueD , ^fjat UecCeconD husbanD, bp the command) of tDe 'toiD the feing, toob all ihc fil) out of tl?e CaiD ponD to the uCe of the %oiD the Jiing , anD hell) a goo-) jufiification 5 Dohichpiobes, thatth?fO"^'^anD of the i&ing there to her DusbanD epcuCco bee of the CaiD b? ifte 3nD yti it is clear , that Cenant in Bobjec is liable to an action of tBaftc , foz iBafte Done in the time of her lecor.D husbanD : But contrarp is it , tohcrea b)omani3iiIcn:intfoilife,aaDtooivahusbanD, bJhomaDeb^afteano D * CpCD, ■Scj-jcanc Dis- tcn;>erf's Argu- ment sgainft Stroud and Long 2,8 APPENDIX. xsviri, no attion lies againft ttjc toife fo? rtjat toaftc. 3«t) F. N. B. 1 7. a. 31ft!)e Cenantin precipe at tl)Cai and cap. maucs Default, t1)C lung map CcnD a tOvUnt to tU Jufltrcs , rei^catfmgtljat l^e UJas in l)is Ccr tire, PIC. ♦mmanDtng tbem t!jat tl)at Default be not p jeiuDiriaU to \)im, anD it)is commaiiD of t^e iiing CjccuCctt) t)i8 Default , be tljc cauf e tcuc 0? no. 4- foi t^e particulara of t|)e l^etum, itis ^— for notable con- tcnipcs againft tlic Government- 25UtaS tO t^at it batlJ been CaiD a tlpat tlje iiing l)atl; funDtr gobfrnmcnts , to fioit, etclcfiaaicall , jDolUjt call, ?c, ano it is not t^ctun , againft toliicl) of tl)cm. ^Ijis is but a cabiUins ejcccption^ tiJcpmigljtasiODeli l>ibc cvccpteDtotl)t6 llvctura, bccaute it is not fljetoen , tbat tljeCe contempts toete after tl^c laft gcti?- rall jSarcon :. tljat ^aD been a better eicception, Cl)e lafl toojDs of t|)f Mr. Eitihtons Argil mciu tor Mr. Selden. lacturn ace, railing IcJition againltlh- I3ut as to tl)i0 it Ijat!) beenCaiD,d)atSccUtioisnotatoo?Dlmoton intl)e5lati3, anois r altoaies taben eittier SUDberbiallp oj ^Cliectiljelp , anD is not a ^ubftaii? tibr, (Co tljis l)e CaiD , /Cl)at altljoiigb it ts not a ^abftantibe fot tlj^ pjeCcrbation , pet it is a ^ubflantitc to? t^ctjeftiHition ot a Migcom. 3IInD t»e f aiD, tbat be founb tbe ujoid [ Scditio ] in tl)c %^\\^, auD tt)C^oa Cequent of it Ut^etuifc , tolitr is , icdudiio popuii. 35ut it is not ctjcr founD to bctabmm a gooD Cenfe J it is altDaiestanfccDauD couplcD ix)iti) ttcafon, rebellion, infuccettion,o?fuct)Ufee, as it appears bp all tl)oCe Statutes to^icb^aije been remembieD on tl)e otljer fioe, mm- f o?e i^z mm UfeetDiCe, t^at tije pnConers migljt be Cent batt?. 7V/W, 5 6'^r. B, R. T'l^efirftDap of tlje Cerm, upon Habeas Corpus to 0ir Allen Apiky tl)clieutenantof tbe Coiwr, to biinglicrc ttie boDp of johnSeider. (Bttih tuitl) tl)e cauCc of Dcteutiou, lieretumeDtOc Came caufe as abobe 5 ano Littleton, of Counfclltuitl)l)mt, mobeD, tlj.ittbc i^etunmasmiuffitientin fubaancc^ tljerefozeljc piapeD,tUat \)t mipt be barlcD. 31t is true, tljat it is of great tonf cciuenr e. bor^ to tbe Croton of tl)e jfemg, anD to tbe libectp of tt)C Subject. 25ut, unlier f aboia, f 0? tlje DJffitultpof yiiCD) rontaincD in it, tljecaCc cannot be CaiD d^ranb. 3in mp Argument, 3 tDill offer notlpg to tl)e Court, but tljat a3ljitlj 31 babe fcen tuitbtl;efeercs, anD tUat UJt)icl) in tup unDcrftanling (W^icljis mucl) Cubjcct to miftal^es) can recelbe no fuffifient anfUJW,, 31 imll DibiDe mp argument into four fct)eraUl)caDc, 1 , Co point out tl^oCe matters luljicb 3 tljinl^ unneceUarp , ano not conDuriblc to tljr matter in queftion, 2,3!iuiUfonaDer tlje ffiUarrantoftljej^jibpCotimiUint^istare, 3 . Clje tl^cailnCUJeroft|)e teinatotbt (aiDiaetitioa. 3inO tljc^Crgumcnrs imoe to tUs punofe in thefait laarUaniiut, nnoin t\)C itjaiuteu Clambec bifoic bot\) tHmm^ts mmoim ill i^irliaircm, to UJl)ul)diet|'oiic nuipieroit. 25«t i iKiiilrip aBtistounuoCmyfoUotuiiig ;HiiUmciU, tljataBtffcnccs atv or tluo natures, CapitaU, oji as Ccerpaiies j fo t!;ei> ate puniOJcO itutto maimers, to ujtt, Capitailj*, oi bj> fine oi ImpJifommut jFoi tlje offences of tycftrfttiatuce , aa itL'ieaions, anri tlje Itfee, i-nDir Conment is impoCeD upon tl)e offeuDcc, onclp toi cuftoDp-, but Yoi mifDemcanois of tbe fecono nature, impiiComneirt is iutpofeD upon \)m f ojt a i^unifljment COen tljic is mj> gtounD/cijat no irce-man tijat isimpzifoncD, oneipfozmtrwmeanours before ronijitrion, mapbeoc-^ tauicDin piiCon Xuitpout baple, tf itbc oltercD, unleUe it be in Come particular cafes, ini»l)itl?tl)etoiWrar?isojDameD b^'aup particular Statute. 2.foube2llarrantof (bei^jibpcCounctU \joW) figmfies t\)t plea* Cure of tlje feing to commit t\)t puConeri perljaps tljis xuas a gooD grounD of tlje tommument, but it is no grounb fot tbr tJetaiutng of tbe piiConcc ijjitbout baiU anotbistbe Jking bimCiJf ^ntb cTCKuottJ* lebgeoas tl^e antient tiigl)tof ibe Subject «itbe|0etitiotioC liight UJl^ercfojeit is not noto to be biCputco. • ^ ■ ^, Jfoube cUarrant of tlje liing , as it is certifteD bi> tijig l^tutn ttjcreis notanpfuffident caufecontaincD muit^nit, fo: tbe Qetainiiiff of tl^c puioner m piiCon, foi tlje Haijj being, as i \}m occlareb .^bot ^ tljatfoi a mtvDemcanour, before conbiction, nofreeman map beimp^u' Conen bef oic tonbtctton, \oitbout bapl oz mainpiije , rgc^e Cole qucttioii nolu is, 31f tbis Jiieturn contain toityiu it anp CvipitUl offence •-, ox if one- IpatrcfpaaeoimiiDcmcnnour, anDtOcn tlje part? is bapltiWc: 3(inD fot tbe uif cuiOtion bercof,3! mi confiDcr tlje Eerurn, i , 3s it is bibioeo in fcbcrall pnts^ ^.3) ^i''l confibec all tbcfe parts of it togetl;er, i.SHsitistcbcreuinparts. Clje firtt pan ofu, [iov rocabje con- tempts by him comnncrcd agarnlt Our Self and Our Governmciu] fo} [ contempts ] all conteiiipts are againa tlje J^ing, mebiatelp tn im-. mebtatelp, anb againftljis aobernment, [NotaDic j tljis is all one toitlinotoztous anomanifeft, as appears bptlje Statute of vxtiim. ichap. i^.anb 25 E. 3. 71. tDbtcbtjatbbeenremembereD. 3nD [Nota- ble] is but an cmpbaticalleicpzesfion of tlje nature of tlje tling, aub alterstf not. [ Ai^auutUs j Hill riots, routs, bittccics,anDtrcfpaf[cs, are againftJWs, anoagainft iDiirdCrouuiiinDJDigmtj'^ contempt a- gainft anp Court of Juftice, is a contempt againft ms, 23ut if tbe S«= turn iDcremnbc bete, tfjubcwascominitteDfoi a contempt mabc in Ctjanccrp , tlje partp f^all be baileb , as ic i»as refolbeo m tbis ^.mtt in Michael Apilcy's cafe, anbiu Uuiwcrs caCe, i? |ac, foi tbe tie- turn is too generaU « C. i r . p 8 . In it tbe iiature of tlje of f cn( e ougl^t to be cicpieffcD , tljat tlje Court map lubge t'jcreof- Jimo I ble , in j^oets, i^ifto^ies, anb iDjatojs, foj a tumuit ,0? !jurlp^burlp,o> UPJOje, 01 COnfUleb noiCC, Scditioquercccns dubioquc lururio, ir. Liv/iib. " 2 . cap. 44. 3llnD in Tacirus it IS tafecu f otmutinp inan 3l!tmi^ ... toljen tbe SHrmpisaltoaiesrcpmingattbe Captain. 3!n tbe Italian ^ ^Language, tu^icb is t^e elDcr Con of %atm , CeDition anb biCcoio is aU I one. Numb. cap. 20. 3. tbe X^atineCranflation is, Vcrfi m icdicior.c ^ tl^e Cnglil^ is, chodcjOj murmured. Numb. 26.9. t^eHatinciS, In fcditioiie Corah jtl^CCUgUf^ i6,Tn the company of Corah, Numb. 27» 3. tbe WineiS , Nee tuu m leditione corum ;' tlje C^ngUlTj iS , In tile company or aflcmbly of them. Judg, 1 2 . i . tbe '/latmc Cranttation iS, Faaa trt trgofcdiiioinEphraimrtl^eCSngUfl^ CranflatioU iS, 1 nc men of Epr.raim gathered chcmlelvcs together, 3)U t!)e /l^Ctt) Cellamcnt, Aa. 1^.40. sedido intbeLatmets tranflateDuprorJ, oj tncetino,. Ad. 15. 2. Fadta cller;iorcuitio, &c. anOitiStranflatebJi:'- lencion auD difputacion. Adt. 2 4.'5. Tcrtullus tl)efiD?atO: acCUCCtl^ Paul foj mobing (edition ^ anb tbe lubCequent Osozbe are, a rma-ka^^c r oi the led ot chc pharifecs • Co tbit f^is CebitiontljerebJasbut'aftbiCin : ainb t^e bjoibs tbcre are in a manner t^e berp CamebJitb ours be«^ t^ereittoas, tor moving \ Jjere,toritjrrjng ot icditiop. >cditio, as an app;iobeb3lutboi Caics,impous, diicordi'am, totoit,toben tl)C mem- bers of one bobp figbt one againft anotbet. c^e]lo?oof s^. Albans, tBbo teas latelp tlje )lo?b Cbancello? of England , anb tuas a jla&Jpcr, anb great grates man libetuife , ano toell fenett) tbe acceptation of t^is TODoiD[SLdi.ioii]inourXato, batbrnabeancPlTapof ^ebition, anb tbeCitle of tbe (SlTapis, ot ^cjuionsaiKi Tumults : tljc tbboie CiTap beCerbes t^c reating. 31nbtberc is a iszapcr in tbe Xetanp, — Frc m ("edition and hcreiie, &c. ;s2>o tbat^re^eoitiou istafeen as afeinD of ^cct. Cbis being tbenaturall ngnification of tbe tootb, tben tbtnejctla^ bour tball be to fee, if anp tbmg in our laiD crolle t^is erpofition. 3nD it Cecms clcarip, tbat tberc is not. 2 h. 4. tap. 1 5. 3nb u is in tbe^ar- liamenM'ioU, nunib.48,again(tLoiiards, bj^oattbat time Ujete ta- ben E APPENDIX. P B D tafeeti as tjecetirt^g, Caics, C^at Cuclj ^?cacl)ccs ttj^icl^ occitc auD ftir up to f eoition (^all be conDcntcD befo^ie t^ fiD^Dinacp, ^c* Cl^ccc, f cDtrcon (0 taben foi dtfff ntiou anD DrtJiQon in Dortrtnc.3nD t^w is not maue tcea fon bp ttjc CaiD Statute, alt^ougl) t^c (aiD Statute be no Mo repcaleJJbp t\)C Statute of 2 5 H. 8. c. 4- 1 anD a Phil. & Mar. c, 3. ttJljtc^ 10 tn Kaiiaii,Ncwcs 4.ttil)iclji6att art againftfeDittous ttto;tD0 aubneacsof t^efeinganDiBuccn, tn^icbisa gwatmiCoemeano? ^ anbpet rije pu^ ni(^ment appomtrb to be inQtacD br tbe Catb Statute ts buttb^ l^illo- rp 0; a jf ine of i ooi. 3llnD tbe CaiD Statute, bp t^e Statute of i Eiiz. c. 1 6. ttjas eictenueu to ^ci; alCo, to^icb Statute noto bp l^r ot atb is eicpi* reii:to^icb3l P^pmapbeobietbeo, 13 Eiiz.cap. i. againtttljoCe, fiobo CeDttiouap pUbUf^ t»l)o ate t^e mie ^eits of tbe Crotbn, t^at t^ep ^al be impjiConei/ fo3iapear,^c.31nD 13 Eiiz.c.2. tbeCei)itiott0 bjinginginof t^e ^ope sBuls 10 mabe tceafon,U3^icb implies.t^at it toas not Co at t^e Common )LatD,2 3 Eiiz.c.zjfanpperfon fi^alDebiCe,t»jiteo3tp?intanp boob,contairang anp falC,CeDitio«0,anD (Ilant)ecou0 matter^to t^ ff imiig up oimobing of anp cebellion,^c«eberp fuc^ offence f^al be aDfuogcD ft- lonp.^no in an 5Inbi(tment upon t^e Caio ^tatute,cujbicl; feeCook's En- tries,f.352, ?53, ) t^ce ate tbe toOJbs rebcllioncm & fcdicioncm moverc; anD pct it i0but felonp, 3 5 Eliz. c« I. ntaDe againft Ceoitiotts Sectaries. SUlCo tbete ace certain ffioofes anD 3Kutbo^tties in ?LatD, iwbicb eppieUe tlje nature of t^istto?b ^eDition, c. 4. « ^. t\}t%o}b Cromwell's caCe. Ju an action fo:t^oCe tbojtDs, J'ouiike of tbofet^at maintain CeDitions againft tlje^lueens pioceet)ing0, tl^e B alt^ougb if tbep Dacce ^ pobcn to anot^ man , tbep fiooutD not beac an aaion. 31nD aUbougb tht 25oob tap, tbat no act foilotocD tbcce ; pet if tbe matter obiGctcD baD been trca* Con,tl^e berp tDill baD been piim(bable,anD, bp confequcnce, a great flan^ Dec.:!3ut it is obCcrbeb, tbat bJoiDS'mbttb implp an inclination onclp to CeDition , are not actionable, as, ^ebitious bnaljc ^ but inclination to tteaCon is treaCon , tbcrcfoje twotDs ^vbicb implp it arc actionable. 3InDalCo foi bitoers tooiDs , an action upon tbe caCc imlllpe, tobicb inbucenot tceaCon oi felonp; as,foz calling a irotn^^n Cllboie, bp tobtcb fl)e loCetb bcr marriage, anb Cucb liUe. Cbcn Cetitton is no of- fence in it CeK, but tbe aggravation of an offence; anD no UnDictment ( as H babe CaiD afoje ) toas ctjet Ceen of r bi'« flnglp bp it f elf . r r. 2 x . E. 3. roll. 2 3.^iC JohuGarbuc'iCaCe, lO'^iCt) ©aS pUt bCfOJCbp Ma- le n 31 }^ APPENDIX. fon t^e 3nDi(timnt xoaB in p^ei tiDice of l)ig Croton , ant in mantfen (cDitUMi , anD pet t^e offence tljete twag but a i^ebberp. 3it i« ttut, tbat i upon ^0 attaignnKm ^cftoob mute , t^erefoste t^e t^oWis, tfjat ^e xoas , cut to penance, i^at ig, to ftrong anD Ijaro pain •■> anD tljis p?obC0, t^at i itt»a0nottreatonifo?ifa man arraignei)0f treaCcn ftanti niute,|et' t))e uluaU fODgment of tteaion fl^aU be gibcti on l)ini. :?linD tt is true aVo, < t(jat^e cannot Ijaw^isClecgp, becauCc iniidiatorviarumtBasint^e lint>ttamnt^ t»^^ if it toas , outs tljt part? of Ms Clcrgp , umiU t^e A ^attltectf4"-4- c. 2«asi0ObJetbet)mC. n. Alexander Poultcrg cafe 3uDttpont^e fame Boii of 2 1 e. 3 tljctc ace f ouc otijec JnDicti ments of t^e fame nature, tob^re [ Scdiciobc ^ \b contatneb in t\}tm. Aiino 1 5b5,£iueen Eii/aoc ch fcnt a iLettec ( toljic^ 3I Ijabe fern bp tlje hanb0 of tbe noble Sntiquacp, ^icRobtrc Conon) tottjeiQpfaioiof London, foj tbefuppjegfing of Dibecs feDttious)Libelg,U3ljicb toere pi&liQ)eI) againfl jjer ?B?mccIp dfotictmncnt^ anij pet m tfjecon-i clufion of t^e]tettet it appears, tljattljeptoereonclpagainft t^eCari ^ of Leiccikr, ano t^is twas to bepubUdjeb onelpbp |&?otlamation in London. 5 H. 4. numb, i !♦ anb 1 3. ^bcCarl Of Worthunibcrland piefetCeD a l&etitionto tbe M\^ in ^©acliamciu , in tcbicb beconfclTctb , tbatDe fab not btpt Ijis sa^<^leftles H^'ws as a Uege lubject^ nno aiCo confer etb tl^e gatljeting of potter, anb tbe giving ot liberies : csaberefou be pes titioneb tbe tooji^ipof t^efcmg (foi fo are ti;e aoios ) fozbis grnce« Ci^e i^mg, upon tbis pennon , oemanijeb tbe opinion of ibe Hoihs of |^atUament,anb of tbeJu^Sfs^sfiftant, if an? tiding ccntaineDXcitl)' tnt^e faio ^^etition were treafon,oi no^ anb ittaas refolbeb bp tbem ail, tbat noticing as it ismentionebin tbefaib petition teastrealon, but great mifbemeanozs 5 anDiettculp,tbougbnot fuup ibercmentioncb, It teas a great rebellion anb inCurrcctton. 23ut tbep aciubgcb accozbing to tbe f atb petition , as pou are itoto ro f ubge upC;; tlje iReturn, as it is mabe Ijere.Jn Mich.^ 3 Eiiz.Ca wdry g cafc,^cDUion an'o^rtiifm itjere beCrribeb, 3s fcbiCm is a feparation fromtl)eumtpoftbe.<2:i)urtl), fo feDition is a feparation from tbe unitp of tlje dCommon v\3caitb. 3Knb an 3tutboi f aicg, t^at a f eCiiious perCon biffcrs from a f cbifmaticfe , be* taufe th; one oppofet^t^efpititualltrutb, tbe otbert^etcmpoiall : anb asCcbiCmof it felf isnotberefie, Cofebitiontottt^out ot^er abiuncts is not treafon. Bradon t . 1 1 2, 1 1 :?, 1 1 8, batb been obiecteb , tbat be mafees f et.itton treafon : 3 fioill grant to tbem, Hengiiam aifo , toi^o is to t^e famepurpoCe; foMntbofe25ooUs itiscalleb, Scditio Regis & Regni. CotljemjH anfwer, iMWtW areobfture. froz, to^at fignifies fcdi- tic Regis, oj cumuhus Regib «? fljall itbet^e fame tbingin fcnfe tuitl) fcdiciocoiirraRegcm^ 3It feems, tbat tbe faiD 3iutbo?6 neither remem- ber %m HO.i ^Language. 2 . aUijougb ti)cp retfeon f r bition amongft tlje crimes kix Majeihu?, pcttbatisnottoberegnrbcb , foitbrpare obfolete3utbo2s,anbarenote(leemeb as3iutlRi5inour}latb .as it is in PI. 35^- anbC. 8. 3 5.buttbepmap bcuCcb foz oztrnmcnt, anb tl)cp ate goob marbs to fl)e a) to us, botu tl)e %av) luas tl;cn fallen, but nottooeclare botDtbcXato is at tbis bap; tbcpace no bmbing autbo? ritpf, anb if t^op be , v^t toe Ijabe tbem of our fibe lifectoife : jf oj in bis 14 BooU ('lanviii faics , CbatH man nccufcb of fucb a crime (ballbe baplcti- anb tbat tbe 3iccufer aiaUgibc plebgcs 3:nb Biarton faics , C^st if no accuCer appears, tljcp fljall be fct at libcrtp. 3inb Hcngi am reckons D APPENDIX. 3? B D E reckons amongft tl;e crimes Idx Majcftatis, tlje bmti) of t])f> ^cace , anD to Docs GianvU alCo* FJcca , tolio twas a follotoer of Bradcon , aiiD transfctibcs inticlj \ crbatim oHC Of ^iiti , calls ^ciii'uon, ScdudioiKmoftlje Xoth t^cliing. SKnD 12 Edw. i, t^e Statute of Kutiand, U)i)icij pzefcTibes %mtQ fo? Wales, euacts, Cl;at t!)C^I)en(ffl)ali enquire mOisdirn, de leduaonbus Domim lUgi^i ani) it is not apparent , t»l)et6cr l)e mtenDtljoCe to^idj feUuce tljcl^ing, oj bis people. 3llnD m latter rimes, j^cduio ts calleD icducio. Jutbe time of Hcm-y t\)C Cebentl], tljeCarlofNorchum- bcriand being a great anD potent }&eer,anDtl)e Jtiing (lantitng in alDc of bim, canfcD Ijim, totrt) ttoentp four otljers of great quality , to enter in an obUgation of ttoentp tbouCanD pounD C tol)icf; ;0bUgatton is in tbe ^anDs of ^ir Robert Cotton ) imto i^im , tbat if tl^e CaiD dParl fenetu creafon , j&eUution, )Loirc, ?ic, to be inteiiDCD to Hje i^mg, rljat Ije (^oulD cebeal it 3 . Mh fO, Crimen Jilx- Majcibtis , tJJblCb iS ttjC pl)jaCe Of tlje €Ml- %m , \G moje gencrall tljen treafon ■■, ano tlje olD 3llut^o?^ , tobicb Ijate been ctteO muclj foUotjJ tlje CitJiU-KLattJ , tul^iclj bat^ tj)is f)cp:csfioni atiD ^cDition bp tl)e CibiU^Uatu is Creafon. iBut It teas rcColijeD, 1 1 K. 2. n. 14. m\t are not goberneo bp tbe Cibill'^atu. 3nt) t^e Mirrour of |ufticcs , tl)e p.iintipall copp tjjljcrcoE is in Bcnet = coUebge Xib.iarp in Cambridge , anD tijerc ts aICo a copp in Lmcoins-innc )iib?arf> ) 0oi Brit* con in bis :t5oofe , iwljo mit in tlje name of tbe feing , babe not tlje tBozD Scdiiio in t^em. 3llnl) 31 affirm confiDentlp , tljat t^ere cannot be {i^mm anp l^ecotb, 23oob, oj Statute, after tbc ma^ lung of tlje Statute of 25 Edw. 3. in toliic^ icdicio is taben as a capitall offence. 3(lnD pet tljc i^irrour of JIultices recfeons up Ceterall feiuDs of Creafons , tt^icb \)t mtiocs mto Crea^ fons againft t\}Z Celeftiall or ^errefttiatl ^ajettp ^ againft t^e Celcaiall Sl^afeftp, as ^cljiCm, l^ereQc, j^iCcreancp, ( ano acco?tiing to tins, tfje 23oob of 5 R. 2. Tryaii 54 is to be unber- ftooD, UJbicfj faics , fCl)at a i^iCcrcant fi)aH forfeit l)is ItanDS , betauCe it is a hino of Creafon ). 3nD alCo \]z flietoes Ditjers Crcafons againft tl)C feing , as , tl)e ttcflourtng o£ tbe icings eloeft 3Saugl)ter , ^c, but not a ^o;i) of ^ebition. 26ut ab- mit, tljat ^fDition impo.us a greater offence tban Cumult , pjt tljere is no colour to tap, tbat it is Creafon •■> fo;i, 25 Bdw. 3. isaflatiSirre (ttjat 31 map uCctl)c imur-iempic pfjiaCe ) to anp tljing to be treafon , iBbicl) is not; containeD in it , unlcffe it be mabc treafon bp anp CpcciJiU ^llct aftcctoarbs, ano 25 Edw. 3. Does not make it Creafon, Scamturd cites Gianviii, ano Brafton, anD otljcc antient J3oobs , to Oicit) UJljat taas Creafon before t^e Caib Statute, aub iDbat not: 3linDbcCaies, Cbatit toas a great Doubt M)iit U)all bcfaiD Creafon 5 falnng tbat all agree, tbat anp tl)m t'oit teubs to tbc Deatb of tbe l^ing tjjas creafon. ^iv- 0o\» eraminc tl)eltioiD6, ■ — againit lis- t^oCe tuajDS mabe not tlje crime moic Ijeinous, as tlje cafe is. 31 agree, tljatif tbe ttjojtbs baD been Sedition to take away tlic lite ot the King it tuoulD l)at)C becntreaCoU) pea, tljeberp tljougbt of treafon istreafon , (tl)or.gl) none can julige tfjereof till it be pjobuceD in act) 1 9 H. ^.47 .b . bp Newton See Feritfme , /. 115. the which \va» not cited • theie never Sedition, .Strife, or M irmur is heard. 34 APPENDIX. Newton, i;j ]ac. B. R. John Owen's CaCe, tl}e tDltttno; Of 3 %tt' m , t»I)crcbp \}t intenbeD tl)e ocatf) of t^e fettig , toas trcafcii ; but it 10 not epieileD, t^at tljc raiting ot tijis fcDttion toag xuitlj tucb uitctw , U3l)etcl)p tljis Uiffcrg from all i^e cafes toljitl) can be put , in iwlntb tt)Cte is fuel) an intent of t^e DeatOof t^e feing. ailfo ti)is, I'iaifing of fcDition againft mB , Uiall not be intenOcD treafon ; foj if it IjaD been fo , tbe feing rooulD babe Co ejc^ pjeft it bp tbe too?D CteaCon : foh as in Ijis gracious bifpofiti? on , l)e U3ill not ej;tenD a fault beronD t^ tnagnttuiSe thereof , fo i)e toiU gibe to eberp offence tlje true ano gcnuuie name. 3f tl)e IflCturn bab been, ! — agamlt Our Pirlcn — It ^b been mo?e certain , tljat it concerneb tlje liing imniebiateip -, t^is, map be againil anp point of l)is <5obemment. 3nb tbe proper anb naturall fignification of tlje iwojibg , ■ — aaaii.ft us — is as mucb as , Sligainft €)ur Buibotitp , UDm fuperintcnbencp , againft €>uc peace, CroUJUj ano iDignitp , bol)ic^ are tbe uCuall bjoibs in ebetp 31nDtctment of :^clonj>, Cberp bjeacb of tlje ?3cate is agamft tbe feing. Cbe uCuall I'ieturn upon eberp otbt- narp CHrit out of tfcis Court , is , CljJt t^e part? be befoze us b anb contempt to tbis Courtis, Contempt againft 5iag, anbttisintbcna-' ture of cebition to tbe l^ing. Contempts to tbe Court of ^tar- cbambec, are Contempts againft me h anb upon tbem , Commisti' ons of rebellion i^m ■■, anb if tt^e parties are bzougbt in upon tucb Commisfions, petiljer are baplable unrill tfjeir conbiction. cije i^ing ftples Ijimfclf, ih, in ssarits b anb eberp bifobebience to anp CSiacitmap be faib , ^edition againit U'. iRouts, riots, iUopall affem- blie0,maptDeUbeCaib anbcalleb, Sedition agan ft u^: 3nbfoK«ctJ offences, a man fijall not be reftraineb of bis Ubertp upon an [ it n:ay be i ^-utb a l^ctutn IS neccfl^arr , bp tobicb tte Court map be trulp infotmtD of tbe offence, jfo? tl^e Sffiiirit of Habeas Corpu> is, to fubmit anb receibe tXJbat tbe Court t^all ozbain- 3llnb tbis I'leturn of tbis nature is not to be comparcD to csurits ttjljitb are generall , anb mabe a biicf narration of tlje matter , aub are purfueb anb c]cplaincb bp fi;bfeqiient tedarations. 3lnti pet 3 urge not . tljat tbe I'xctum ougbt to be as certain as an Jnbict- ment b fox an ^nbitmient of ^urber is not goob , if it latft ttjetoojD Miird'iavir. ©nt tbe lletUtUUpon an Habeas tcrpus , o.ci. inter- fccit 1. s, upon piepenfcb malice, is goob ; fo^ tbe nature of i^t tbing is cicpiefreb, alt^ougb tlje fotmall tuo?b be toanting ; but out cf tbe i^etutn , tbe fubftance of tl^e offence ougbt atoaies to appear , tobtrb appears not bete. But it bat!) been faib bp tlie otberfibe, /^rbat,let tbecaufe intt)e meturn be as it luili, pet is it not ttaterfable, 9 H. 6. 54. ano 3 confeife it- 23ut as C n. lames n.irg^ cafe is , tlje l'%ct«rn ougbt to babe certaintp fo tnucl) in it , tbnt, if it be ialfe , tbe parrp giicbeb map ^abe bis action upon tt)e cafe. :3l!nD tlje griebance complaineo of m tlje ^^ctitt'on of Eigbt is , tbat upon fuel) lUeturn no caufe ttias certi^ ficb , tbnt is , no fiicb caufe upon tcbicf) anp 3;ulict!nctit mfgbt be t):aU)n up^ fo;i toe nebcr unterftanb, tbattljepartp ft)allbe tcpcD upon tbe Hab^ a- Coi pus , but tbat upon ti)t matter contameb toiibirtit- an ^nbietment ftjali bemabe, anb l)e ft)all babe bis trp^ ali upon it. 3inD pet it is clear, anb it batb been agreeb of all bantis B D APPENDIX. 31 B D tjfinD0,in tlje 3ttt;S«ltienfc Oft!;e gcanO Habeas corpm, Mich. 3. Car in tljis Court , tijat if t\)t caui'e be ccrtifieD upon t^e iseturn of tlje Habeas corpus, t!)at tOe Coutt map juDgc of t\)c tegalt't^ of tljat caufe- i.ConODer tlje pactB of tljis llicmvn, a0 t|)ep are fOUplCD together 3 —tor notable conccmpts by him commictcd agamrt Our Sclt and Our Government, and lor Itirring ot fediti- 011 againftUs- — ^upon t\)t ttititt Eetum, ti)C i>ing loVnes CeDiti- oniuirtj notable camempts, Cotljantisas mutl) asif^c |^aO faio, tbat Sedition IS One Of tijc notable contempts menttoneli in tlje ficft part of tlje l&eturn , fo tljat \)t mabes it biit a contempt, foj tlje generality anoincertaintpof r^e l'\ctiirn, 31 refer mp Celf to tbe cafes put bp ^t. Ask , anD 1 toil! not Uoaibe anp of t^em* ^rue it is , if tlje I'^eturn bab been , tljat it tuas fo.t /^irreafon , be baD not been bailable but bp tlje Diftretion of tlje Court , anb fucb liieturn tuoulb !)al3C been 500D •■> but it is not fo of feoiti^ on, Gard. 157. creaConis applpeo to apettpoSencc, tottjebzeac^ of tcuft bp a (Suarbian in Socager but it is not treafon* 31uD fo febition is of far IciTe nature tljen treafon, anb is oftentimes taben of a trefpaffe^ it is not treafon of it felf , noiieduioseiioas nebcr ufeo in an 3JnDittmeut oi treafon. 3Jt teas not treafon before tbe 25 of Edw. 3. no? can it be treafon h fot 25 e. 3. is a flat isarre ( as 31 babe faib befoje ) to all otber offences to be treafon , totiitlj are not containeD within tl;e faio 3(i(t , ox be^ clarcD bp anp Statute afterbjarbs. 3nb ttierc are offences ^\)iti) are moje Ijeinous tn tbeir nature tljen feDition is , Uj^r'cl) are not treafon , as 3Infurrections, 6tc, fij^icb fee in tlje Statute II H. 7. cap. 7. 2 H. 5. cap. I?. 8H. <$. cap. 14. 5K. 2. cap, 6. 17 K. 2. cap. 8. anb bp 3 anb 4 £♦ ^- cap. 5, tl)C affemblpof tfioelbe perfons to attempt tl)e alteration of ai^ %m , anb tlje cwuinuancc togetber bp tbe fpace of an bour , being commanbCD to return, is mabe treafon^ toi)icl) 5l!ct toas ccntimieb bp tbe Sta- tute of I Mar. cap. 12. anb i Eli/, cap. \6. but nob) is cicpircb bp ber ceatb , anb is not noto in fotce , ( aitbeugl) tbe tontrarp be conceibcD bp fome ) bjljicl) 3! P?^P J'«^«»P be luell obferbeb. :©p ti)^ Statute of 14 bH/. cap. i. rebellious tafeing of tl)e Ca- tties of tbe feing is mabe treafon , if tbcp be not belibereb ^c. bJljtcl) (l)ctof6 clearlp , tbat fucb taking of Caftlcs in its nature teas not treafon/ 25ut tbe faio Statute is nob? eicpireb ; anb alfo all Statutes , creating neU) treafons , are noto repealeb. 25ut 5 foz a conclufion of tbis part of mp Argument , 31 ^iH cite a cafe, W)ic\), 3! tbiiiU ci:pieffe , in tljt point, oi moje (Irong tljen tbe cafe in ciucftion. 3l(nD it was m. 9. e. ^. roll. 39. B. R. Peter Ruir.iis Cafe ; \)Z ItJas committeb to pxifon bp tbe 3©cputp'3Inaice of Norcii-Waics , becaufc be ttias accufeb bp one w lUiam Solyman of febitlon , anb otber tbings toutlj^ mg tl)e Mw^ ; :^nb ijcceupon a Commisfion iffueb out of tlje Cbancerp , to enauire , if tbe faib Peter Kufleii bebabeb bim- Celfe tuell o: feoittouflp agatnft tbe i^ing, anb bp tl)e 3IntluiJ fitiou it toas founb , tbat \)e bebabcb bimCcIf ftell. 31nb up* on an Habeas Corpus out of tbis Court , bis bobp »3as re^ mmeb , but no caufe. 25ut tbe fain 31tiquifuion tDa« biougbt f;itl)cr out of Cbancerp . anb fo: tb^t no caufe of l)is caption e 2 txjas }6 APPENDIX. t»ag retumeD, i^e pia^jeu BeUlJfcp i but t^ Court tuoulD not oeUtev l)(m, till it bneto tlie cauCe of ^0 Commitment: c^ece^ fo?e ( tabing no regacu of t^c Caiu ^Inquifition ) t^ep nota Ceno a dUtit to ttje noiaojiwfticc of ^ ales , to certifie tljc rauCc of l)ig com= mitmcnt. SIlnDtljetcupon^ematjct^isiIictum, cljattljefo.iefaiD Peter Ruffciitoastabcn, betauCcone William Soiyman c^argeD^uti, tbat Ije ^au committee bibets Ceoitions agamtl tbe %o^n tUe M]q ■■> anlj f ojt tbat cauf e l)t tt)a0 UetaineD, ano f 0? no otber, 3I!nti bccauCc tbe IReturn mentions not bibat feoition in Cpeciall, be v)Das ba^^ltn , but notbiCcbar^ gcb.3nDlIbefiretbe bailment of tbepjiConetonelp, anb not bis beu^ becance. 31 beflce tbattl)c taCe be UJellobCetbeb. 31" tbe faibcaCe, tbcre ttjasanartuaU Cebitton againfttljeiting; bere is onelp a flirting up of CeDitton. Cbe ^m of tbe Caib ^dftjarb are, vidctur curix , twbicb are tbe fo)emn Doo^bs of a 3IuDgment, giben upon great beltberation. fC^ereittOaS, tor other things concerning Us Ci^tSiSall one as if it bab Caio, for other things agaiiift Us- • Concer- ning tl^e jfeing, ano, 3gaiHfl tbe Jiving, are aU one, as appears bp 25 E. 3.c,4.deClero,Stamf. 124. Weftm. i«c. 15. Braxton, f. 11 $>. 14 Eiiz. c. 2. 3(lnb tbe ttio^bs of tbe 3fubgment in tbe fain caCe , toere not, dimlctuui- bUt, idcodimittcndus tubicbirt^' pip tbe rigbt of tbe partp to be bapleo* Cbe Caiu taCe in Come tbings teas ttioje particular tben our cafe, anb moje ftrong 5 foj, t^cre toas an 3ltcu(er to boot, tobicb Daants in our caCe« Cbere, true it is, tbat be mas committeb bp tbe 3Iuflice of Wales, anb ^ere bp tbe &ing bimCelf ^ but tbis mabes no Difference, as to t\)is Court : fo?,be tlje commitment bp tbe &ingbimfelf, ojbpanpotber, if itbenotupon ma cauCe, tbepartp map be bapIeD in tbis Court. 3nb fojt tbe ^ntiuifition , tobfcb is mentioncbjitfioasno/crpaU tntbecaCCi no,i bib tDe Court gibe anpre-- garb tbereto. Co betam tbe pjiConer bp tbe commanb of tbe &mg flng- jlp, isagainft tbe i^etition of iRigbt, butitbeing couplcDftJitb tbe cauf e , tbe cauCe is to be conObereb , anb tbe trutb of t'^t cauf e is to be intenbeb, as toell tcbcre it is mcntioneb , to be bp an inf eriour 31ubge , as bJbere bp tbe l^ing bimCelf, f 0? it is traberCaWe neitber in tbe one no? otber. :^nb 22 h. 8. roil. 37. B. R. anb i H. 8. roll. 8. Harrifons cafe reColb'b,tbat a man committeb bp tbe commanb of tbefcing,is baplable. 3(lnb 33 Eiiz. ttbjasreColbebbpaUtbe31"fttcesof England, t»btcb3i babe birtoeb in tbief 3!uflice Anderfons 2500b, unDcr bis oton banb, anb it tuas p^obuceD in )^arUament , Ci)at all men committeb bp t])i )3?ibp Councill arc bapiable, if tbe commitment be not tot, bigb treaCon. 31n all caCes of commumcnt, an actuCer is unbecftoob. ^uppofe tbat tt)e accu- Cation mentioneo in Ruflei s cafe of feoitton , bab been an accufation of treaCon, tbcn tbe 3Iubgesougbt not to babe bapleD tim of rigbt, anb no man twill f ap, but tbat i^t Caib accufation toas a goob caufc to commit bim. 23ut tbe biCcoberp of tbe offence ougbt to be aftertoacb in an 3|n' bictment. jFourtblp, 3Ifo'"etotbe obicttions tobitb babe been mabeon tbe contrarp, liuitbjasobietfcb, Cbattbisttaasacafeof great conCeauence. 31 confeffc It, but tbis conCeauence is not to tbe Mig; foi if it be trulp trea^ Coil, tbcn tbej' migbt babe returneb CreaCon,nnti tben tbe partp leas not to be bapleD of rigbt, till tljcre fljoulD be a f atlec of ptof cctition^ as toas latelp in vie 1 . i n . ciCe , tobo t»as baileb f oj lacli of p20fecution, tbe lle^ turn being fot bigb treaCon. aiy . B D APPENDIX. 37 A B D I 2iy . 3|t ms oblcrteD, t^at tljece can be no contjictioti, as tfjis cafe is tbecefoietljcteougbtto be cocccibe potter to rcCcatnt^epzifonec. m^is 10 fttangeneujes to me, (bat tbei:e(§all be anp offence , fot tobicb a man cannot be conbict. 2l!nb if tbere can be no conbirtion, it bcnce f oUobJcs, tOat tbece is no offence , anti if t^ece be no offence , ttiere oitg^t bp con- f equente to be no inipjiConmeni. 3iy.Cl)e caCe of 14 H.7.8. bat^ been obierteb, tbat a Eunice of jaeace map commit KiotcrSjtoitboutbai)!. 3 tonfelTe it, foi tl;is is bp fotee of a Statute tobicb o?Dains it. 4iy.3Itb;^tbbeenobie£tei),Cbatifa!joufebeonfire, ttis laMuUto pnll Dobju tl^e neigbbours ^ouCeJoj tljc pjcbention of futtbej; miCcbief i anotbe cafes of 22 afl. anb 22 £,4. tbat ebecpman map mftifie tbe coercion of a mau-man. 31, anf aec, Cbat tbefe cafes are true , fo,i of ne- cesfitp, anb no otbcr ebafion : but becc, bapl is pzof fereu, tobicb is boDp fot boDp, fire is ftiJift,anD cannot be punifl)eD , ann no caution tan be obtaineD tbereof. 25ttt cbfecbe t^e true inference anb coitfequence of tbis3((rgument , 3If mpljoiifebeonfire, mpneigbbeurs boutcmuftbe pulleo bobjn; ^r Scidcn is febitiows, ergo, ^c. Hcrbcrc bis neigljbour muftbeimpjifoneb. 5 ly. 3ft batb been obiecfeb out of Br« Trcafon, 24. i Mar. cbat tbe faiD Statute of 25 E- 3 -tBtafeen largely, anb tbattbc Detaining of a dDaSle ojt f oitceffe is treafon. (^0 tDisJ ancuier, (Cbat tbe bare betai- inng of a Callle rs not treafon , unleffe it be toitlj intention of tbebeatb of t^t^ns b hut tbe tafeing of a Caftle is treafon. 3nb tOe cafe t^ere meant bp Brook is Conaabies cafe, Dy . 1 2 8. sHuD 31 confeilc, 1 3 Eliz, Dy. 2j>8.5Doctojt Story's cafe, tbat coufpitacp to itibabe tbe feingbom , is treafon ■■> toi t^is cannot be taitbout great banger of tbe beatb of tbe iling j fOl, arma tcnenti. Omnia dac qui julta ncgat anb all tbofelntiiftmentBtbcre, tbat tbepintenbeb tbe beatb of tl)el^ing, but no fucb intention is eppielTeo b^ce. 6iy. 3lt batb been obtecteb , rCbat tbi0 cafe is out of tbe petition of IRigbt, becauCe in tbis li^ctnrn tberc is a c auie ii)ebjeb, But tbe gcie^ banre tobemtpon tbe ]^etition ofiiligbtbjasfcamvb, luas, tnbereno caufe teas returneb. 31ti0tnje, tbat ibcgriebance goes no fuctbeCjUut tobere no caufe tbas retumeb, foi, tbat bias tbe gciebance at tbat time. I5ut tbe too.ibs of tbe ^^etition of iKigbt arc furtber, — uithouc being charged with any tiling, to wnicii uicy inignt make anfvvcr by the Law-- tDbicb implies, tbat fucb caufe ougbt to be containeb in tbe live- turn, tDf)itb being put into an 3InDittment, tbeparipmapl^abcbisan^ Ctwertbereto. 7lv,3)ttDasobjCrteb, tbat tbe iReturn fball not beconftcucb anb or- IJoimbeb bp fractions. 31 anCbJer,CbatbJp neeb not mm fucb an erpo^ fition^fojttbe topnticonftrucf ion tbereof makes mojefoi us, tben tbefe- t)erall, as is fljetoeb bcfoic. 8iy . cbat a geuGcaU i'leturn is fufficicnt,anb it necb not babe tearms of 3rt in it , as an 3Inbirtment ougbt to babe, fot anftoer, 31 conf effc it i but 31 af!Tcm,a6 abobe, tbat aiiutucn ougbt to be fo particular, tbat tbe n.utice of tbe offmcc ougbt to appear out of it: Itnbitis notto becomparcbtogenecaU GUtits, as, ApoUata capiendo, i loa exami- nando, Lcproio amovendo, anbtbclihe: foi tbofc l^iitB are gooD enouci;b , bccat^Cc tbfp contain tbe bcrp matter. 3nb altbougb it batb been f aio, tbat tljecc ar« tbjo (unbs of )Lcpers , pet 3i ncbec bcacD but of ' one. 38 APPENDIX. one. 3llnutlje2!2ilrir, aeHxretkocomburendo, isgenciaU, anDgooDJ becAuCe it ts but a ciaattt of€j;MUtion uponaJuDgment.Qibcnbpttc ^pittuall power. 25iit bccauic tijcp migljt not mcDDlc toit^ t^e Wood of anp man,tl)e e>;ecution is b}? tlje ^cculat pottio:. | ply. 31t Datl) been obiccteo out of 30 art, p. 19. ttjat tl)e l^ing tuoulb | babe one matJJn anDljangeb, fo? btmging in into England t$e23uls of tl)e ^opc 23ut t^e iSoofe ant tocre it Celf, f o: Ije t»as not Dja)»n anb | ^angeb. loiy.ctie Statute of Weftm, I. cap. 15. tbas obKcteb. 2Sut as oft as t!)at Statute is obierteo, J will altoaie crp out , The Petition ot RiiilUjClic Petition ot Riglu / astljelaing of France trpcD OUt UOs tiding but France, France! tojett all t^efetjecall dominions of tl)e i^ing of Spain iuete obfecreb to bim. 1 1 ly . 3 cucioue Diftinaion Ijatl) been tafcen bp ^erjeant Davcnporr, between ftirtmg iofcDition, auDftiningvipicbition^ fozt^cfitftim? plies an inclination onelp to bo it , t\)t Ccconb implies an aa Done. :>3ut t^is is too nice, fot if a man (lit: up (ebition, 0^ to Cebition , if it be ttjitl) intention of tlje beat^ of t^e l^ing , t^e one auD ttje etljcr is treaCon. 1 2 ly. cije opinion of Fortcfcuc in 3 1 h. ^. 1 o. b. Ijatljbcen obierteD, Cl)at f 01 an offence Done to tbe Court , a man map be committeb befoje tonbittion, Cotljis 3! anftuet, iit. Cljatt^e25ooUi:oc8 not Cav , mm l)C fl)au be committeb toit^out ba^l. 2iy. Clje offence being bone w fate of t^e Court , t^e berp bieftj of tlje Court 10 a conbictionin %m. ijlv.CljCrCtOaSObtectCbtlje 740fE. 5.23. ^it Thomas Fitchet'g cafe , iBljo, foj going armcb in tl)e ^^nlate, toas committeb bp tbis Court, bjitfjonr bapi oj mainpjije 5 bol)itl) f eems to be ttje (Irongeft anb baroea cafe tbat Ijatl) been objccteb, 23ut tlje anf u>er to it is clear, anb unbeniable , foztbe Statute of 2 E. 3. c 3. is , (El)atiE any one come armcD befoze tOe ^luSices , Ije (^all forfeit l^is ^itmour, anb fljall be im^ pziConeD During tljej^ingspleaCurei Cot^atbpt^eewJ^eirepurbietbof t^e Statute , fuel) a man is not baplable, ^0 mp conclufion remains firm , notbntl)ftani3ing anp of t^ofe obiections, Ctiat tlie p:ifoner ^ere being committeb befoze conviction of am? offence, fit being not posfible to unberftanD tOis offence treafon; is bailable. :Hlnb tW \)t is baplable ^erc, 31 ttJill offer ttoo otl)cr reaf ons : i ft. Clje Return Ijere is f oi f ebi* tion-, anb t^ctj is an mfoimation in tl)e ^tar cl)amber againtt ttiej^^i^ If oner, fo? feDitious piacttCes agamll tbcisinganb bis Cpobernment. JltDiil not affirm, tbattljep are tbe fame offence, but tfjere is fome piobabilitr tbat tlje^ are tl)e f elf-fame:, anb if tW be tbe fame offence , t&ent^efebirionbere inteuDeb is not treafon, anbfotbcpani'is bapl? able. 2iv. C()i6 j^jiConer teas reabp at tl)is 23ar tljC latt Cerm, anb bere toasa cgranD-Iurp at :i5ar tlje laft mmx, anb l)ete tons tbe iiings CouiifcU pieient , boljo are moff baatcljfuU foi ti)e liiiing^ anDpetan^ni^utment teas not pzcfeireb to ttemagainlitl^is ^Zifoner. CHljicl) tilings inbuce me to be of opinion , tl)at tl)e offence bcrc mentioneii in tljisi^eturn is not treafon, oz Co great as ispjeten^ Dco on rl;.c ot^er ODc. 31 toiU rcaiembcr one cafe toOicl) pcrtjaps map beobjcact) , ( anb per J tlnnU tl;cp bull not object it ) anb fo comlube , II F. a. ^irliviment laoll 14. in tbe pzinteb Statute, c. ?. anD 5. toljere it appears , tl)at tibcrs qucHions ibcre pzopcunDeb b» tlie 5»ing to B D APPENDIX. 59 to i relllia n atlD Bealknap, t^ tlDO Cl)iCf 31uftue0 , atlD tO t\]t CtllCT Ju ftices: one of U)l)icl) quellioas toas , i^ouj riie^' are ro be pimui)er! *joijo rcfifteo tlje feuig in cpetcifing l^is copaii potoe r, ^e zm t^e anttwcr of ti)t 3I«i)ses luag , una vote ,tl)at tl^ep arc to be punil^cD ag trnirozg ^ anu 2 1 K. 2, c. 21, tbis opinion toasronftrinco. 23ut aftertoarDs in I H.4,c.3.anD4 anbi H.4,intije^arliament'l!%oU, numb. 66, 6; t^e 3uogc0 lucre quettioneD foubeit opinion, in jBarliament, c^ anCtuereti, ^Ijat tljep lucce tb Jfatneo ano cnfoiceo to gibe t^ig opinion, anb tljat ttje^ tncre m trutl) of rljc contrary opinion, 31nD Bca i kiap CaiD, Cbatlje acciuaintcD anDp?oteftcb to tljeCariof Kc.icafo:el)anD,tbat ^16 opinion iXias alluaicsto rye contrarp. 23uttl)e|9arUan?ent toas not content "mitl) rtjcf c cicciiCcs , but rtjcp toere all aDiuDgeo Craitois ; anD irdliiaii'scnDisbnottintoaU, ano BcaJknaptoa0banifl)eDs fo? \9is milt tn 2 H. 4. btougbt a mtit , tBitbout naming ljecl;uBbanD, berauCctie toas banif^eo. 3IlnDtljetaiD Statute ot^i K. 2. toag te* peaiCL), ciKtcfow upon t^ctDijole matter 3j concluoc, tljat t^eidiiConec ougbttobebapIcD. ^ntbe Came Dap, ^ir Miles Hubban, anb Benjamin Valentine, ano Dcniiii Hoiii^cJCquiceg, toereatasac, uponan Habeas corpus Di- tecteb totbe Cebctall i^uCons -, anDtbcirdoumcllDJis reabp at the 25ac to babe argueD tDe caCe f 0? tijcm alCo : 25ut becaule tbc Came I'ie- turn inas maoe as abobc, ttjep CaiD , ^Ijat all of tbcm UJoulD telf upon t^is airgumcnt maoc bp ^c. Luticcon, CtecaCeof tbcgrano Habeas corpus foi ^^c.Scicicnanti otbers , tDasnotoar(iuetibpHLach,tl)C iiings 3ttiirnep *E>fneraH, cbattljts I'ieturn twas goob , anO tt^at ttje parties owgi^t not to be bapleD : ainb tbattoirbinttjcticturn tbcre appears gooD cauCcoftbeircomnutment, ano of tbeit bctaining aKo, Cbe cafe is great in eicpcaation anbcon^ Cequence: anb toncernstljcabcrrpoi rbe^ubicct onttjc one part, ftiljcre- of tbe 3[lrgumcntispl'iuflblei anbor. tbc otber part it concerns tl^e i:afetpanDiobernignti>oftl)CjUing,H)J;itbisa thim of great mi%\]t. (^^t conflbcration of botbpertames to you tipe Juws , Miitlmt fltglr- ting t\)t one, or too nuicb debating tbe otber. cbe lietutn, tobid) noii) is befoie rou> is entice b but 33 ttJiU firS confiDc'r it as DibiocD in parts. jFirfl , /Cbefirftcsaarrant, teSjitbis ttjatof t!;e Uoios of tlje js^ibp CounctU,is gencrdll, tb^t it tuas bptbc comuianD of tbe XLotb tbei^nig: anntbisin fotmer times ivas beiD atjen^gcBD liefurn , tu^en Due re^ Cpect anD rebrccnce iDasgibcntodBcVcmmeni •, but,Tinipoia nintan. tur, 3((nbtbi8 I'ieturnisno baap WeaUcneD bp anp latter opinion ■■, foi nottoitbftanDingtbattbe firft commitment of a man map be general!: foi if upon tl)e l'%eturn, tbc true cauf e (l)oulD be rcbcaici) to tlie cKaoler , bp tl)(s me^ns, faults fl)oulL) bepubUfljcDano bibulgeo bcfoietbeir puniSjmcnt , anb f tbe complices of tbe fact will cf cape => anb it is not fittbattbe ©aolcc, U)l)icbisbiitamimaeriall . totoljicljt^epartieg j map antuier. COenfcronmp, tl)epiapctoftl)e pttitm is, Cliatno free^man, in anp Cuc^ mannet as befoxeis mcntioneu, be impufoneu 0} bctaincDj ttiat is, furb mannn of impiifonmcut,tbe groiuiD tDl;eteof tiotl) not appear. Cben t^e antt»ec of tlje feing to tljc ?Df tinon iXas in CunDjp ItJoiDs , » Jun. lets. in t!)eCe tuoiDs, ii.c King willcth, that right be cionc according to the Lawcs and Cu-| ftomcs of tiic Realm, 3,:c. m\)k^ aritftiei; gabc uot fatisfaction, 3l!nD aftettoatus Ijis anClcocc Was in a parliamentacp pl)Wte , Soit droit fait come cil defirc.BUt aftertUarllS On tl)e 2 60f June, i ^28. ttje femg eicpieffeo l)is intention anb meaning in t!)C fatb 3n-- COJcr, 3|t mufl neeos be tisntcibcb , t^at 31 l)abc gcanteb tw nett) , but onelp confirmeb ttje anticnt liberties of ^pv ^ub' ' jetfSj^e, 3 petition in J3»arliament is not a}iab), yetitisto^tbeljO' ^ mm anb bignitp of tbe liing , to obCecbe anb feecp it fait^fwlip b but it j is tbe Dutp of tbe people not to ftcetcb it, bcponb tije \Xiom 'inb intention of tbeliing. 3lnb nootljct conftrurtion can be maDe of tl;e petition, t^eo to tabc it as a Confimtation of tbe antient liberties anb rights of tbe Subjects, ^o tbat noUJ tbe caCe remains m tbc fame quaiitp anb begree, as it was before tbe p)etition. Ct)cref o?c bje toiii noto tonfiber, i l)otDt^eilat)j t»as taben befote tbc|3etition, anbfoi tlje bifcusftng thereof, bje lotn examine tbe feconb part of the return, anb m it f iflo ti)ings , i U- if tlje l!\eturn, as it is noto mabe, fl)aU be intetiDf b fot true : 2, aomit tbat it is true, if t^ere be anp offence containcD u;itl)in it, iD^irt) is geob to betain tl^ |^?iConers. foi tbe ficll , 31t is clear , t^at tlje cauCe fljaU be intcnbeb true to^icb is retumeo , tljouglj in trutl) (tbefaUes anb foarc 9 H.6.44-. anbF.Corpuscumcaufa, 2, anb C ii.BaggscaCe. 2iy.31tCeems, tljatttere isfutUacrimecontaincb intt)is!Retum,t))l^ic^i6agoobcauCefo^ betainingtb^ pxiConets. Jt IS true, tljatit tjoas confiDentlp urgeb inl^arliament , in tcnio Caron , tl^at general! il^eturns , tljat toere committeb bv tbe commanb of t^e ^oib tbe feing, are not goob , anb tljat tl)ofc Arguments remain as Monuments on recoJb, in tlje tapper i^oufe of ^^arliamcnt ■■> but 3J Icili not abmit tbem fo: Uato. }3ut 31 bill remember tbbat teas tbe opinion of foimer times , 22 h. 6. 5 2. bj> Newton , a man committeb bV tbf commanb of tbe ^ing, is not replebif able. Slinb tl)c opinion can^ notbeimenbebofai'ieplebin mabe bp tbe ^Ijeriff, becaufe tl)ep?inctj pall eafetbereisuponaif%eturnin tbisCourt. 3:; H. 6. 28. Poynna s caCe,Bol)cre tbeiRerurntoas, Cbatlje loas committeb bp tbe 'Xoibs of tlje Councill, anb it teas abmitteb goob. lit is true, tb^t tljis optino n isgrounbebuponVNeitm. i.cap. 15. but llcill not infia upon u. :j3ut tbeconftant opinion batlj altomcs been, tjat a man committeDbp tbe commanbof tbe iAing,isnotba}inble. ilnv H. 6. 44. itisfaib , d)at if one be taben upon tbe lyings fuit , tlje Couit U-ill not grant a Siper- fcdeaf.cbe contrary opinion isgrcuubeb upon Ma^ia Cnarta , tuljt'cb ]isa generallUattJ, anb Uteralip b.itb nofenfetofliRtpurpofe^ anb it .iscontrarpto tbeuCuallpiactifein cruninaii raufes , inU!l)icl) tl)eim< ! piiConmcnt IS alttjaieslabjfulluntill tbetrrall, altboir^.ljitbemaLiebj) 'ajuflife ofiSeaiC, ox Comftabie. 3[inD tljat a m;in co'.nnntteb bp tbe Itomirtanboftbe liing , oz jajibp Councill , is not bailable, be citeD; i I Jac. D E APPENDIX. I 41 B D .1 Jacobij^iC John Brockcc'S cafe* 8Jac. ^{t Thomas Ccfar"0 cafe, i2.Jac. jamcs Demctrius'g cate. 43 Eliz. William Kinch'0 cafe, 3!nD in t^e cafe M. 36 EUz. anU 4 anO 5 Eli?, Richard 1 himelby'g cafe. 3lnD faiD, tljat t^ete are innumerable prcDOents to tbis purpofe. M. 2ianD2 2Eiiz. upon tljcretuniot an Habeas corpus it appears, tljat Michael PagcUjae co!timitteD bp ttje commanoof tfce M^Dtlje i^ing^butDoasnotDelitjeceDi anU after toas arraigneD intDtB Court, ano lod IjisbanD. 3lnD at tlje f amctime , Stubbs tDcis conimittcD bp tl^e commanD of ttie Xo?D tl;e lung , tot f cDitioug toojDs nnn rumo is , anD (jeloftl)it:^tjanD alCo upon tlje lame ttpall- M. 17 anD iS.EUz, ^iipn Habeas corpus fo? |ohn Loan, itioafiretunieb, ctjat b^ OJa0 commit^ teDfo? Dibulgmg flinDzpfeDitiousiu^itings, anD it uias remanDeo, 3nD 7 H, 7, roh, 6, iiug"; cafc 3 T.nD roll. 13. Chafe's tafe , fiobere tbe Return toas , tbattbepiJoerecOinmitteu bptbe commanD of tbe %om tbej[^ing,ant)tbeptoere not oeUbereD ■■, antitbistoas alfo tbe opinion in tbis Court, M. 3 . Car. 3(InD after tbe f ato time tbe )Lato is not alte re d, anofo^lbope neitbec are pour opinions. :©utto conODer tbeparttcu^ larcaufementioneDintlieiiletum, 3ItaUlnotrelp upon tbe gift part of tbe ttio^Ds, altbougbtbe? be of great toeigbt, but onelp upon tiie ladtUOiDS, ■~ - tor itiri ing up ot Icdition againltUs 25Ut it batb been objecteD, tbat Sedition is not a tooib bnoton in tbe %M : 23ut3fmarbeH, tbat tl)t Qgnification of tb^ xcotoisnot mioerdooti , tobcn it is fopncD ttiitb tbe toojUs againit u tbis ougbttobeunDerttooD, ^eDition'againatbc&ing, inbispoUticUra^ pacitp. [icdicion] b^tb fuuDjp acceptations, accoiDfng to tbe fubiect bantleo, as it appears c.4. ]lo?D Cromweis cafe, tBbicb batb been citcD. 3If it be fpofeen of a man, tbat be is feDitious : if it be of a companp in London , iti^all beuuDenloci) feoition in tbe Com* panpi If itbefpohen ofa^oulDier, U n)aU be taben fo;t mutinous. ^r. Littleton , ttiboargueDtbtstafeberp tDtU, faiD.cbat laciius ufetb tbis t»o?l) , anD it is true 5 anD l,e Caics , Cbat tberc are ttoo I manners of ^eDitionSjScditio armata, & to^ata 3 ano tbe IciQ is moze \ Dangerous tben tbe fonnrr. But couple it witb tbe fUbfcciuent j tjjojDsbeffj [againitus] tbc interpretation anDfenCc tbereof is eafie,| Si loquendum ut vulgus. cij^r. Littleton CbeVocs tbe attcptation i of tbts tDOiD m Dibets places of Scripture , anD J Ml not rejea tbcm, foitbepmabefo.ime: 20 Numb. 3 tbe'iLatine is, — -jiopuii verfi funt inicditioncm^ SttDitiS C?ngll(l)CD ^ murnuiing but clcarlp it liJflasbigb treafon againft tbeir aobernour , anD (3oD bimCelfe. 26 Nunib- 9. in fcditionc Corah it iS mauifcft , tbat tbatbjas a great Jnfurrection. 1 2 Judg. 1. lae'ia dt ergo icditio in Ephraim, ThcHphramitesrofeagainlt Jcphta 5 auD b^at t\}t fame timetoas tbeir HuDge anD ©obernour, fo it tBas tbe beigbtb of jlnfurrcction. ^^ is true, tbat in 15 Aa. 2- Faaa ci\ fcditio j ano in fome Cranftattons it is, Orta eft rcpugnamia non parva, fo;t it map be tal\enin feterallfenfes. 19 Afts 40, tbe Cottin-Clcrb tbcrc l^ncto not bototo anftoer foi this daics fcdition, 0,1 inCurreitlonj nnD no Doubt betDasingrcatperilljfoMttoasagreatinfurrectioni anD^toilb tbe greater ones were as circumCpect as beluas. 24 Ad. 5. Tcr- tuUus accided Paul ot (edition, anD Doubtledc itluas conccibeD a great offence , if pou confiDcr tbe time anD otbcr citcumftances , fo? tbcp \X)Cte l^eatbens anD Romans, 3(lnD altbougb be in be* f rp 42- AJt^PENDIX. tptrutl) taught tI?e6oCpeUof 05oD , pet^etoas taben foj a peftilcnt feUonj, anU ag apetCoatec toC^afee off foji^i Denp , tbat a man is alooaies baplable, UJben imp?iConment is impoCeD upon fcim f o.t cuOobp : ^o^ , impjii'on^ mentisfo? ttoo intents, t^e one is, t^att^e partp uiljicb^aD offenbeD i^oulD not aboib tt^e mbgment of )iabo •■> ttie f econb is, tbat Oe Q)aU not Do darm in tb^ interim During l)is trpall -■> anb t\it%m is carefuU in tijis point, ffiut it l^ati^ been faib, C^at aitljougl? t^e partp be bapleb , pet l^e is impjiConeb. 3 Denp tbat, fo? Co is i h . 4. 6. Jf tbcpartp come not at tbe Dap, t^e 23apl C^all be imp^iConeb => butpet tlje 25apl Ojall not f uf fer t^e Came punidjment tb^icl^ ougbt to l;abe been inQicteb upon tbe partp^ as{fittBerefojttreaCon,tl^25aplf^allnot anCajerfo?tl;e fault, but onelp f 01 tbe bobp. ^erfeam Berkley bib Voell call a febitious manan ^IncenDiarp to rtje dSobernment j anD, as commune mccndium, is to be reftraineD of tis libertp, SnD l^eput 22 e. 4, anb 22. aff. 56. tftat a mab'man map be reftramcb, to p^ebent tl^e ^t Ije tooulb otljer- toif e Do bimrtif ano otljets, 3K Cebitious man is as a mab-man in t^e publicfe ^tate of tbe Common \)oealtt) , anbtberefoie ougljtto bere^ ftraineb, 3llnD it appears bp tl)e siaarit, dc Lcproio amovcndc,tbat a Xe- per is to be remobeb, anb in a manner imp^tfoneb, fojt t^ contagion of tbe DiCcsresanD tl)is is f 0? tbc f af eparD of others, led ^is lepjoCp in^ fett otbcrs. ^Dc application is eafie 3l!nD bp tbe Statute of 1 Jac.c. 35, is rcftraincD to l^crp tDiUjin boats; rs if ^e go ab.ioab, anp man may m- Oifie tbe billing of t)im.C^e infection of Cebition is as bangcrous,as anp of tbete btCeaCes , tljerefo?e it is not Cafe to let Cebitious men to bapi, ai at APPENDIX. 43 B D F at Ubn:tptp,6t m Dangctous caCe0,ttJcUJiieft toap is, to mafec all Cafe, Jn all caCcs oC t^is natuce, muc^ is left to t\)t DtCcrction of t^e Court. fClje cafe of M.^; H. 3. roll. 59. RuiTcii ^atfc) been obfecteD, to be intlje point 5 Jbabetictoeo tl)cUecoiDof tljatcafe, anoaltljoiig^itbebet' ballp, pet It is not materially to t\)is piitpofc =, foi tlje commitment teas bpa^ufliceof Norcn vvaics , upon tlje actiifation of anaccuCecj ano it teas iJJitl)in a f^oit time after t^ Statute of 5 E. 3 . bp tobicti it Ujas ojitjaineD, Cljatnoneajoulobeimp^ifoneo upontfoaccufation of one accuCec: 23utl)ece tbc Detainment is bptljeJaingbimfelf, fo.i ftitring up of fcDition, ainO tberc ti;c l^eturntoas, ^Ijat Ije Xms attufeD of ^c* Ditions anDtWnDcccnties, UJlierctbc latter luoJiiDottiqualifie tl^e foj* mer. 3KnD tliccc luucD afflilm of gooD bcOabiouc , (astljeufeUjas) to enauice of t^e tcutb of t^e offence ^ ano it tuas founD, t^at tbere t»as no fuel) offence: anDtl)cniipontl)e Came Betucn again l)etoa6 fetat libertp : fo tbat ttje caie ttjcte ixias fpeciall , anD tOe manner of p^otee^ Dings Cpcciall. 3lnD 31 Derire^ tljat one tiding map be obfecbeD, tl;at Ruf- feii came in berc upon tbt: Habeas corpus, 20 Sept. but toas not Deli- litereD untill Hillary Cerm follotoing. I^fntj foj 28 h. 6. ti)t Bube of Suflfoiks cafe fiobic^toas obieaeD, tbattbe geherallaiccuCationofDi^ ters treaCons ttias not legall. c^at is true , becaufe it tuas iw^ ar-- liament , aaD in t\)c nature of an accuCatton 3 ano bcmg in a Court of luffire, it baD been unfuft ro conoemn a man bcfo?e bis Ctpall ^ anD pet tbis Court, upon pjobabiUtp of a fault , lotl; oft-times reflrain a man bef ote contiiftion. 23ut it batb been obiecteD in tbis cafe, /(E^ep babe beeti a long time impjtCone«5, anD no pzocccDings againa ttiem. 3ItistucUhnoUJn,tijattbere Ijate been Come piocecDings againfttbem, anD tbep DCvliiieo tljem i anDaU'omojc tljentb?ec montbsisreciuifite f 01 tbc p:eparation of Cucb p^occeDings , ano t^e feing intenDs to pzo-^ ceeD agatnff tbem in contenient time. 3(!nD f ome tljat twere offenDojis intlje Came UtnD ate alreabp DelibereD, to toit, sa^c Cory ton , ano ^ir Peter Hayman. rc^erefoie if anp iniurp be none to tl)e pziConcrs, tbep tbemCeltes aret^e tauCeofit, fo? not (ubmitting tbcmCeltjcs to tbe fetng, 3l»D fo: tl)c inftance toljicb #r. Liccicton ufeD of tbc lubgcs in 1 1 R. 2 . altbougl^ tbep CuffereD fo? tl)eic opinions giben to tbe ^itnSsiDefice, tbat tbe time toi^en t^cir opintontoas DelibcrcD map beconfiDereD,to yait, int^etimeof R.2. anD tbc time toljentbep Cuf* fcrcD to urit, in tl)e time of h. 4. 3llnD it baas tl)e Caping of a noble ©entleman, tl)e jloiD Egerton , rcijat Bcaiknap CuffcrrD ratberbptbe potencp of i)iQ enemies , tl^en t^e gteatneffe of Ijis offence : 3i!iD pet It is to be confeffeD,tbat ttjep migljt batJC gibcn better counCtU-, but tbere teas no time to DiCpute of t\}t luftneffe of tljcircounCell, toljcn tbe CUioiD toas in tl)e IjanDs of tbe Conciuerour. 31t batlj been relpeb upon tl)e reColution of all tbe lufticcs of England in 34Eiiz. tD^icl) reColution is noUJ regiftreDintbc vLippec i^ouCe of ^Sarliamcnt, at tbe requcftof tlje Commons, in tcrtio CaroU Rcgis>b«t 1 leabc it to poH, as tbat UeColution a)aU Ctwap pour fuDgments. Cbc CaiD laeColution is , Cljat tlje cauCe ougbt to be ccttifieD in tbe gcncralitp 0? Cpeci.iUp^ anb becc tbe generall cauCe is certifieb atleafl, if tbe fpecial be net Co-, upon tbe Bobole matter, tbe baplment of tbcte piifoners is left to pour DiCtretton '8110 31 Ijate f^etoeb topou tbe bifccetionof pour pieDeccffois.^Hnb if anp banger appear to pou in tbeir baplment,31 am confiDent ttjat pe toil not bapl tl)em,if anp nmm mapenCuCibut ftid f 2 pe 44 APPENDIX. re ate to conCuU lOntf) t^e iifng , anti I)e M (^eto pou tDbere tl^e tmnger wll0. Cljerefoje upon tlje toljole matter 3iP3«p, t^at tijep be temanDeD. m\)tn tl^e Court toas teaDp to ^at)e DeUteteD tt^ctc opinions in tbe gtanD Habeas corpus fo^^t. Scidcnant ot^jets, t^eidjiloners rsm not biOttg^t to tije 75&t , accojtuing to t^c m\t of t je Contt -, C^etefoie j^zoclamation teas niaDe,fo? t^ l&etpers of tbe febctall pjiCone, to b^mg incbetr i^jiConcra j but none of ttiem appeared but t^e fl^atftaU of tbe Kings Bench, to^o faio, t^t 3&t. Srroud tljat toas in ^is cuftoDp , toa0 remobeD pefter- Dap. anDPUtui t^eCotoetof London bpt^e lyings otDnfflsaattant^ anb'Co it toas Done toit!) t^c ot^cr i^jiConers ^ catb of ttiem ms remo^ beb out of W p^iton , in tobic^ ^e toas before. J3ut, tbis nottbitb= Sanbtng, ittbas ptapcD bpt|)e Counfellof tbe p^ifonecs, t^at tbe Court tDOulD Deliber tbeir opinion fo^t^e matter in %atD. :6ut t^ Court refuCeOtobotlpat, becauCeittstono purpoCe^ fo^, t^e ^;tCo« ncrs being abCent, tbep toulD not be bapleo, teliberebjO? remanbeb. |^ote,Cbelaftbapof t^ececm, abetter came to tbe Court from t^efeingbimCelf^t^eeBfertUjfjereof toas, toinfoim tlje Court of t^e reaCon8,tB9erefoietbei&jiConer0b)erenot Cuffeteoto come attire bap appointeDjfo^t^ereColutionof tbe Hubges. B Aa Informa- tion exhibit d in che King'i Bench againft 1 Sir^ofcn Elkt and others. Mich. 5 Car. B. R. Tl^ecaCeoft^granb Habeas corpus fo^g^r. ^eldenanb ottjers, XDa0 noto mobeb bp Mafon to |^abe ti^ refolution of t^ 3lubgesianbt^e Court Boit!^ one boicefaio, C^attbep are noto cou^ tent tbat tbep Ojall be baileb. butt^att^ep oug^tto finb Sureties aiCo foitbegooobcb^biour. 3nD Jones 3|n(lice faib, t^atfo it tDas bene tn t^e cafe tobicbl^ao been often remembereb toanotljer purpofe, to tmt, Ruflc Us cafe in 9 fi« 3. Co b>bir^ :#,r. Sdden anftoereb , ( Uiit^ to^om all tbe otber ^^^iConers agreeb in opinion ) Cbat tbep ^abe ti^ Sureties reabpfoM^ebapl, but not fo^ t^egoob be^abiour^ anbbe^ Ore tbat t^e bapl migbt fird be accepteb , anb t^at t^ep be not urgeb to tl^eot^er* ^ir Robert Heath , tbeiiingsittumep^generaU, ejc^ibitebfnfo?* mation in tl)i0 Court againft ^irJonnEiioti^nigljt, DcnziU Hoiiis, anb Btniamin Vaknuiit, c?Ctiuire0 : tl^ttftta oftobicl; b?a0, cijat tbefeingtljatnotuis, fo; toeigbtp caufe0, Cuctjabap anb pear, niXi fummon a |&arliament, anb to tbatpurpoCe Cent bis SKUrit to tbe ^be* riffof Cornwall to cljufctftio fenig^ts , bpbertuetb^ereof^irlohn Ehui ti)as tboCen, anb ceturncb jfenigl^t foz Cornwall, 3l!nb t^at w flje fame manner, tfie otljer j^efenDants ^ere elect JBurgeffes of otber places fojtt^e fame i^arliament. 3finb a)etoeli further, tliat ^ir John Finch toas tl^ofen f02 one of tbe Citizens of Canterbury, anb t»a0 ^peafeec of t^e it^ouCe of Comntons. 31nb tl)?it t^e faio Eiior, publicfelp anb mnlitioullp intbel^ouCeofCommone, to raiCetebitton between tlje feing, ijis^oblcBanb^^cople, uttereb t^efe bjojbs , That the Councill and judges had all confpircd , ro trample nndcr-foot the Liberties ot the Sub ic as. I^e futtljet i^etoeD, ttjat tl^e feingftjab potoer to D APPENDIX. I 4? B D I to call , aDfoum,anD HiHolbe ^atlwmems : 3!nD tOatttje lting,foz Diijci;3reai:ons,^aOapucpote to^aije tt)C i^DuCe of Commons mow- neD,anD gauc Dtrcaionto ^it lonnFmch, t(jen t^ ^peafcct;,to mobe an aDtournmcnt , anD liit ^oulD not beobepeD , ^at^e ^ouId fo;ttjt»ut) come fcomtyci^uuietotbE^ing. 3lnDt^att^c3DefenDants, bp confeDecacp afo^c^^anb, Cpabe a long ano conttnueD ^peec^ , tb^icb usasrccitcD verbatim , iHiuOic^ ttfw Dibcts malitious anD Cebirtous too^iDs, of Dangerous con.eQuencc, 3IlnD to tJjc intent t^at tl)C)^ migbt not be p^ebentcD oi uttering ttjeit pjemeDitate Cpeecbes , ttietr iiitmtion tDas, t^at tbe ^peabec C^oulD not go out of t^c (O^att till t^ep l^aD (po lienttjem^tbeBefcnoants, HoiiisanD Vakntmc, lap biolcnt ^anltg upon ttje ^pcauec, to ttjegteatafcigljtinent anD Diflucbcince of tl^ l^oufe. 2Kno tue ^peabec beuiij got out of ttie Cbair , t^ep bp biolence (ecl)tmintbeCt)ati; again ^ Co tbat t^m toag a great tumult mi^ i^ouCe. M'u after tl)c CaiD Cpeccijes pjonounceD bp ^ir John Eliot Noli DID recapitulate tbnn. 3l!nD to tbis tnfoim.ition, rije BefenDants babeputmapICcUotDe luriCDimon of rbe Court, bec^iie tljcCe offen- ces are CuppofeD to be Done u |3aritament , anDougbtnotrobepum« l^eD in t^is Court, oi in anp otfccr, but m |&arUameiit. 3!nD tbe 3ltturi nep (SencraU mot cd t\)e court, to oukjcuIc tDe plea to tlje ^furiCDimon j BnOtlwt, bcfaiD, tbe Court migbt Do, alttougb be t>aD notbemurreD upon tDe p5ea. ©ut ttjc Couci tooulli not obrc rule tbe plea , but gabe bap to lopne in Bemurrer tins Cearm. 3inD on ti;e ficil Dap of tbe nert Ceann, t^e iSecoiD^allbe ceat>,anD UJubm a Dap after ajaii be argueD at iSarre. 25ut Hy dt , cbicf luaite, CaiD to tbc Count ell of t^ 3©efen« bants, ^0 far Ui^^t \m toill gibe pou. (€i)is is no ncto queftion, but all t^eHuDgesof bngiaiid, anD)5aron0Oftl;c<^rc^equer, befote nobj, ^abe oft been affembleD onti;isoccaaon, anbljJbelDitb great patience bearbtbe Arguments on botb fiDes -, anb itbjagrefolbebbp ttjem all toitbontboice, /Cb^t an offence cominitteb in parliament, triminallp 0? contemptuonap , tOej^arliamcu being enieD, rtfts punifljablein an oiber Court. |oncs, Ji is tnit, tbat bjc all rcfoibcD mm an offence committeb in iSarliamciit againft tbe Ctoton , isputua)nble after tlic J&arUament,in another Court ^ anb tobat Court Ojallibn be, buttle Court of ttje Kings Bcnci , iniDbicb toe feing bp inieiiDment Iittet^i' v\ hitiock, ^be tiweftion is nolD rebuteo to a narrotBroom , fo? all tlje luDgcs are agrecD, Cbat an offentecommitteD m parliament againft tbe iwng o; bis (Sobnnment, map be puninjeb out o( ^Barliamcnn ^o t^t tbe Cole Doubt tnbitb nobJ remains, is, : (abe':l)ec tbis Court can pti; nilftit. 3(}nD Crook agreeD, CbatCo itljaD been rerolbeD bp all tl?e 3luDges,becaufc otbectBife tl^eretDoulo be a f-iilet of J;Mtt. 3nD bp $im,3if CuctJ an offence be puma).ible in anotljcc Court, U)lpat Court (bal puniffi it but tbis Court , tobicb ic^ tlje UqUH Court in tl)c l^.ealm foz trimmall offences i 2llnD perbaps not onelp criminall actions commtttcb in parliament are punifJjableljere, but tx)o?Ds alfo. Mafon of Lip.colns-InncargueD fot ^ir John Elior, OUe Of tlje J^t' fenbants.Cbe cbarges in tbe information againft \)im are tb?ee. i.jfoifpccclKS. 2 . if 01 contempts to tbe ^ing in refining tlje 3lDf ournment 3 . f 01 tonTpiracp toitU tbe orber BeEcntsants, to tetam ^r. ^pea- Ucrint!)C €^m In Mr. Mj/Jrt's| Arguiiicnt for Sir Join Elitt. 4^ APPENDIX. < B Jn tl)eDiCtustion of t^eCe matters 5 HieargueD mucl?to ttjefameim tenttDljidj^c^aDargueUbefoie, upon an information bjoug!)t in tl)c Sc; r-Chambcr againft t^e Came BefenDante, anD others, fo? t^e Came offences^ t^etcf oic ^is '^t^umm ig repojteD bere bcr? brieflp* iit.jFoitJisXpeetljes, fCl)ep contain matter of artufation againft fome great peers of tljelRealnu anD astotljem befaiD , ^^at t^c &ing cannot tat^e notice of ttjem. C^e )Barliament is a Counciil, anD t^e granD Counciil of ttie feing,anD CounciUs a re Cecret anD clofe, none A otljerljatb actelTeto ttofe Countilis of jaarliament , anD tUv tljem^ tzms ougtt not to impart tbem toit^iout t^e tonfent of tOc toljole i^ouf e.3l 3m in a %m, tu^iclj is (trJo?n to enquire of offences "bubin t^e faiD juriCDiction , are f »)o?n tofeeept^eirottjn counCel! ■■> fo tift l^ouCe of Commons enquire of all grievances boitl^in tl^e iiingDom, anD tbeir counCells are not to be rebeaieD. 3nD to t^ts purpoCe tuas a pt- tition , 2 H. 4. numb, i o. cb^t t^e fcingi^ali not gibe creDit to anp piibate repojtts of t^etr pjoceeDings, Co to^iclj t^e &ing affents^ tljere- fo?e tlje laing ougbt not to gibe creDit to tlje information of t^eCe offen* ces in tbis cafe, 2iy, ci)e U)o?Ds t^emCelbes contain f eberall accuCati' ons of great men? anb^e liberty of accuCation ^ati^ alboaics been J^arliamentarp, 'ioE.3. |^arltamcnt«JRoU,numb. n. Cbf?Lo?DLa- cimei toag impcatljeD in j^arUament fo? CunD?p offences, 1 1 R. 2. tl)e 3(lre^i26ii:top of York, 18 H. 6. numb. 18. t^e Bttbc of Suffolk , iM3r.Dy.93, tteJBUfee Of Norfolk, j^H,^* numb.6o.un5UiCftar e accuCerfl)alineberbe impeacbeb, 13 h. 7. anD 1 1 Eh?. Dy. 285. fojgmg of f alf e DceDs biougbt againft a peer of tlje iRealm , Action de (candalis Ma-^natum ,DOtb UOtliC, C.4, 14, Cutler auD Dixy 'SCafe, toljere D E APPENDIX. I 47 B D XnA^eu Dibecd znttB ace li^taiCc put to tt)is purpoCe, 3 5 h . «$« i < i*" upontlie tjictt) of t^eboDp ttjc flapcr cannot tje founD , t\)z Coronfr oag^t to enquire, ffiSd^o bra founD tt)e tjc ao boDPs ani) tf t^e firil fimjcc arfuie anotpec of tbe mutDet , rtjat 10 aftertoarD acquit, tje a)aU not^ t)abe an action upon tbe cafe, f 0^ it ujag Done in legau manner . ^0 it isiljeDutp of tl)e Commons to enquire of ttjefirictMntes oft^c^ub^ ICftg.anDttjecauCes tbeteof,ant> Doing it in a letjali manner, 19 h.<5. 19 . 8 ri. 4. 6. in coHipicacp it 10 a gooD plea , tbat i)t ujag one of t^e 3nt)ic(oi0, 3inD I o H. ^, 5 t^at be tiJas a grano- Jurp-man , anD winp meD bi0 companions. 3lnD 2 1 h. 4.6,7. anD 3 5 h. 6. 14. tljat l)C ms a 3Iuftice of ^tm, ano info?meD tbe Jmr, 27 a(r. p. 1 2 ig to tl)e tame purpoCe, :?MDifa Juftueof jaeacc ibefitftfinser, a Juror, oi^nDi- ttoi, Q)aUnotbepunifl)eD in Cucij taCe0s atoruon, a^embcc oftlje l^ouCe of Commons fl).iil not toljo, ag i h. 7. 4 is d jinDge, 2 7 afl. }', 4'^ .map be objectcD, WDere iujo ujcre mluieD of tonipiracp , b^ caufe tijep maint?ineD oneanotljrr^ buttpcreaionoftbetfiiDcaveUJas, be^ caufe i^^aintenance is matter foibioijen bp tbe %m j but laarliamen- tarp accuCation , U)l?icb is our matter, is not fo?biCDenbpanp Hatij, c,er.;op, anD tbe cafe tbas entreD. P.3-E. 3. ip. 3nD it is to be obfcrijcD , tbat tlje plea of t^iSiQjPP t^ee , t»as nebet obcrtuleD. f romtbisj gail)er, t^st i>croop toasnot conftantto bi0 opinioa , IXiljif^ taas luoDatn, bring in tbe Came 'Cerm inUJl)icl)tUeplea uias entreo ■■> ozif be ujere, pet tbe otljer 3!ubges agreeD not toitb biai ^ anb cilCo at laft tbe 23ifljop t»as Diicbacgf b bp tbe filings mrit. jFrom tuis 3 gKb^c, t^at tbe opi= nion of tt)e Cou>:tti)a0 againft tt)2 iung, ^smPi 2, m i-ot^ijfla 'g caCe, U^ece tbe opinion of tbe Court luag agaiuft m ting , tl)C p«tp tbasbiCdbargcb bppiibp ^t\l 1 ano 2 i\n .anb vUr batljbeen ob^ recteo, t»^ere an Jnfoi^ation in tbis Court \S)is piefrrreb againft ^r« Pioydcn, anb otbfc iH^rmbers of tbe JP)ouCe of Commons, foi Departing from t^t i^ouCe UJitbout licence. 25ut ui t^sat ca^e 31 obCerbe tbeCe matters , ( 1 Cbat tbisiiiCo?mation Depenieo During f U tlje life of tte 0ueen, anb at laftbjas ^.e du , bp tbebeatbof tlje iBueen. r2.)3!ntbefaiDcaCe,no ple?» t»as matie to tbe 3;uriCDictton of tljt Court, as Ijete it is. ( :?. ) ^ome of tbem Cubaiiiteo tljcmCclbfS to tlje fine , becauCe it toas eafie , fot ic to is but 53 . 4d. But tl)i6 cannot be urgeD as a prefiietit, bccaute it ncbec rmne iniuDgment , anb no opinion of tbe Court bj ^ s bdibcccb tbereiu. 3nD it is no argument , tbat becauCe at tbat time tbcp iBoitlD not pleaD to ^bc f uriCciaion, tbecc-- f oze toe noto cannot if toe tooulo. (4> i^ii^tt offences toere not lone m tbe?Darliamcntil)oufe,butelCejtobere bptbiir abfente, oftobicb tbe Countr)'map taUenotite; but not of our matters being Cone m parli- ament, ^finb abfente from parliament, is an offente againft tl^e feings Summons to jSarliament. 20 R ?, ^arliamem ttoU >2« Thomas Hatkfcy toas luDicteD of ^tgb'twaCon in t^s Court, fot piefemng a 48 APPENDIX. . a petition in i&acUamcnt, butiH.4jium. 90, tjepjcferreD a^^eti^i tionto^atetttsJubgmentijoiiieD, anoCo itUias , aUJjoug!) tl^att^e, iiing^atipatiioneD fjim before. ainD 1 H. 4. numb. 104. aUt^eCom«j mows maDc ^Bctition to ttic f ame purpoCe , bccauCc tl)i6 tenUs to t\)t DeftrurtionoftpeicpjitUeDgcs. 2llnU ttjts teas mrx>iit granteti, 4H. 8. C.8. ScroodsiaCe, CbataUconDcmnattone irrpofebuponotie, fojt p^efeccing; of atip:t3tU,Cpealf.tng, oi ceatomngin)^atUament,atebotoJ 3ini>tti6^att)alttjate6beenconceibeDtobeagcncraU3(!ct, betaufe tt)C A pjiapctg, time. Ujozds , anli pcrfottp ate f,cncrall ^ anD tlje anftocr to it is gcnecall 5 Co; a general! act 10 aiuiaics anCtwrcU ttit^, Lc Roy voic , anD a particular %a tWtb Son droxc f^it al panycf, 3niJ 3 3 H.^. i 7. 1 8. 31 gcneraU 3Cct is altoj^ies inrolleD, anD Co tl)i0i0. 2iy.iFo?t(jeCccont) matter, t^e tontrmpt lo djecommanDoft^eaitJ- rournmcnt, 1 8 Jac. it tu-B queftioneC in ^Daritamtnt.aaaijetljer tlje iiing can aofoutn t]) c )^arUament , ( aU!)Ougli) it bt ti^dbout Conbt tljat tbe feing can ptorogue it ) 3nD t^e Judges rfiolte, t^at tl)e iiing map B aurourn t^e l^ouCe bp CommigOoni anlj 27H11Z. ittwa© reColbeDac- tojDinglp. 23ut it i0 to be oWeriJtb, tljat nonr toa tbcn impeatbeD to}, raobing tl)at queflion (^)3t\s to be tbietbeb, t^at t^ep teColbe, t^at tbe atiiouniment map be bp Commisfion , bui no; reiolttD,tl)at it map bcbpaberball lommanD, OgnifieDbpanotbcr^ anbit ijerogate0 not from tl)e liingg pjerogatibe , tbat Ije cannot Co 00 , no mo?e tbf n in t\}C cafe of 25H,8» 8. tbatl^e cannot grant one atre of lano bp parol. m^t l^ing bimCelf map abfourn t^e l^ouCe in perron, ot unler t^e great ^eal,butnotbp berbaUmeHage, fo; none(0bounDtogibe crenitto Curb mellage 5 but fioi^en it is imber tl)e great ^ eal, it is i cite Meipic, anbiftbete toagnocomrnanb, ttJfn t^erecawbcno contempt in tl)e btCobebience of tfjat commauD. (^;]gntbi0 no contempt appear0bp t^e information , foji t^e Jjnfoimation i0, Cljattlje iiing baopoboer to aDfourn )darliament0. ^ben put cafe t\}t commanb be , t^at tbep (ioulD atfoum tijcmtelbes ; t^i0 10 no purfname of tlje potter t»bitb ^e i0 CuppoCeb to l^abe. Ci^el^oufe map be atiourneb tttio £DaiC0, to toit, bpt^e ining, 0? bpt^el^oufe it f elf > tbc lad i0t^eic otonboiun- tarp art,to!)ic^ tlje liing cannot compell, for, Voiuntasnon cogitur. ^\y. So} tilt tIjicD matter, tobitt) is tlje CfnCpiracp : 3tUl)oitgl^ ttjis be fuppoCeb to be out of t^i^ouCe , fttttit ^ais legalU fo?,J^cmi ber0of tlje i^ouCe map abbiCeof matter0 out cf tlje i^oufc^ fo^t tbe H^ouCe it f elf isnot Comuc^ fo; con(ultation0 , a0 fo; piopofitton of tbem. 3nD2o h. 6. 34.10, t^t (fnqucft0 tt)l)icb arctftio2n fo? tbe feing, map enquire of matter© elCe^ftJliere. ( 2 ; f 0,1 tlje Ccnfpiratp to lap biolent Ijanbs upon tbe ^peaber , to fecf p ^im in f^e Cljair^ ii£\)t i^ouCc IjatbpiifaileDgeto betain \)im\n tbe Cb^ir , anb it toa0 butlig^t* Ip anD foftlp, anDot^er ^peafeer0 Ijabe been fo fcrt cD. ( 5) €befcing cannot p?efei; anjlnfojmation foz trefpafie, fo?iti0faiD3 CteJbing ougbttobeinfo?meb bpa3lurp, totoir, bpinDimnent osip^efentmcnt. (4) Wb cannot be anp contempt, becaufe it tipprai0 not, tb^t tbe l^oufc ms abfourneDi anDif fo,tben tbe ^peaber cufibt to umain in tbe Cbsir, f 0? tuittout bim , ibe J^ouCe cannot be aDjourneD. 25ut it map treobietteD, tl)attbe3Info2mationi0, Cbat alltljcCe matter© toccc Done maluiouap anbfcbitiouap. 23ut to tbi03 anltoer, €ljat tljts (5 alutaics to be unberflcoD accozDing to tbe fubject matter, 1 5 E. 4. 4. anb 18 H. «. 5. 211 tDife tljat batb title to l^abe Botber.agcccBtDitb an otber D APPENDIX. 49 ot^et to enter, (toljic^ ^at^ cig^t ) t^at flje againC \)im map rccotjec ^er BottecCtiist^aU notbeCaiD Covin , becauCe bot^tlje parties babe rtgbt anD title. (») Jit twtU be obf ecteU, ^l^at if tbeCe matters (^aii not be pumO^able bcre, t^ep C^aU be unpimiQjci) altogetlier, bccaute tlje l^ntltament is lietermineD, Co tljiB 31 Cap, cUat tbep map be puniC^eD m t^e CubCeciuent )^arltament , anb Co tl^ere C^all be no faikr of rtg^t. 3nD man? times matters in one parliament, baiJebeen tontinuebto another, as 4 E. 3, numb. i6. tl)e3l.O?Ol5arklcy'SCaCe, 5oH.3,iiuaib. 185.21 K,2«c.i6. 5H. 6. numb. 45,46.8 H,4,numb,i2. ;SDffenceSin tl)ejfo:?eftoiigl3ttobe punifljeoinCpre, anb (fpres oftentimes bjere notl)elb,butebcrrtl)tctipearX.9.Epiitic,anb i6E.^.c. 10. snj^ar* liament map be ebccp pear. ttjefubgesrefuCe to Delibertljeir opinions concerning tbe union of t^e tbJoJkinijboms.Cl)e pteCent cafe isgreai,rare,fi witf^out pzcriDentiljere^ fo:e not Determinable but in parliament, 3nD Uis of Dangerous con- Cequence •■> fo} ( i) bp tbe fame reafon,all t^e yl^embers of t^e st^ouf e of Commons map be queftioneb. ( 2 ) Cbe parties Ojali be bifableb to mafte tljeir befence , anbtbe Clerb of parliament is not bounb to DiC* cloCe tbofe particulars. 3(InD bjp tbis means , tljebebates of a great Councill f^all be referreb to a pettp lucp, 3CnD t^e parties cannot maUe iuftification, to} tbep cannot fpeab tbofe too.iDs ^eie tnljitb iwece f pol,en in tl^e parliament, toitl^out Oanber. 3nb t\)t Befenbants babe not means to compell anptobetbitnelTcs fo? tbcm^ foitlje ^embers of tbe l^ouCe ougbt not to DiCcober tbe counCell of tbe l^ouf e : ^0 tl^at t^ep are Debar'D of judification, ebibcnce , anb iDitneiTe. )Laftlp, bp tbis means, none toill abbentureto ace jfe anp offenber, 'n parliament , but toil! ratber fubmit ^imCelf to tlje common banger^ fof, f 0? bis pains ^efl^allbe impiiConeb, anb perljaps gceatlp fineb : 3nD if botb tl)efeb€ unfiift, pet t^e partp fo beiceb can l^abe no recompente. Cberc- f o?e, f c. The Courr. i^t queftion is not notti, toftetljcr tbeCe matters be offen^ ces, anb tobetljer true o} f alCe. 33ut, abinitting tbcm to be offences, tbe Cole quettion is , CHll^etljer t^ts Court map puniO^ tljem -, fo tl;at a great part of pour 3irgument is notbmg to tlje pjtefent queftion. 3(itanotberbap,being t^enept, Calthrop arguebfo^i^^r. Valentine, anotljec of tbe Befenbants. ttijn general!, t)eCaib, fo^tl)c nature of tlje crimes, tljattljepare offourfo?ts. 1. 3In fatter. 2.%nmoi\}S. g.BpConfent, 4.25p)Letters. • g Ctt)o Mr. Cihbrtp'i Argument for Mr. Vilentine. ^■o APPENDIX. I. CtJJO of tljem arc lain to tlje rtjarge of t^is 3Def cnfiaut, to ijoit , C^ mme of t^e #atter, ano of dConirnt. SBtitj of off ente0, Braaor. mabes Come publicb, tome pjitatc. ct)C offences Ijere ate pwbUrl?. 3nD of t^etn, Come avccapitail, fomcnot capitail,a0 affault,tonfpirac}',anO fuclj libc, tjol^icl) \)A\}t not tie puniQjmcnt of life ^ Deatlj. j&ublirfc crtmeBcapitaUi arc Cuc^ as arc againlt t^c %m of 0mu, as treaCon. murbcr ■■> J toill agree, tljat if tljep be tommittcD in parliament, tl)cp map be quellioneb elte;\j)^ere out of }&atUament,i5ut incur cat c,tbe trimt s are not capital, foi tuf i> are affauU ^ confpitacr,tDl)u^ in manp caCes mapbe juftifteD,a6 appears br 22 H.7. Keilw.jj2. 2 afl. 3 H. 4. 10.22 E,4,4 3.c^refoic tin's Court (^all not babe iuriCoiction of t^em,fo^ t^ep are not agamft t^e %ni3) of B^tions of *©od,oi ^aturc-^nD if t^eCe matters n)al be e]cami= n:it)leber?, b? conCenuence alltlje actions of |&arUament?mcn map be l)ia\i)n inqufflionin tl)i0 Court. But itCcems bpt^eCe reaCons ttjat tl)is Court fl^all not Ijabe f urilbtttton as tl)is caCc is : 1 1 1. BccauCc tbcCe offences are mftifiable , being but t^e bringing t^e ^peal^cr to tl^c Cbait,toljicb alCo pertjaps tuasbone bp t^e ^aiotcs of tbe Commons^ but if tbeCe matters fl)all be iufttfieb in tl)is Court, notrpall can be^f 0^ upon iflue of ^is oton ftiitong.lje cannot be irpeD^bccauf e Bets bone in tlje i^ouCe of Common0 are ot mcott), as it ioasreColbeD in t^c i^arliament, i Jac.anb ieH.7,3 c,9.?i. are, tbatCutbmatter0 cannot be trrco bp tbc Countrp. Klnb nob) t^ep cannot be trpeb bp iaeco^i),be' caut'e, as p 9 H. 8.Dy, 32. i0 , aninfctiout Court cannot ftijtite to a Cu* periour.ainb no Ccraoran iie0 out of t^e C^ancerp, to Cenb tl^is Ijcrc bp Mirtimus ,fo? tbctc ucbcr 5030 BBp ptcfiDcnt t^jetcof '■> anb tlje 25oob of tbe l^ouCc of Commons , tobirt) 10 njit^ t^eir Clerfe , oug^t not to be l)fbulgeD.3!nl)C. Liui.is, tbatif a manbeinbictcD intbis Court fo^ l^tracp committeb upon tlje ^ea , bf map well pleao to t^c luciCDictiott of tbis Court, becauCetbis Court cannot trpit. 2iv.3!tappearSbptbeolDCteatife, Jc modo tcnendi Parliamen- tnm, tbat tbe Juoges are but asOOants in tbe parliament , anb if anp b)O2b0 0? act0 are mabetbere, t^ep babe no potber te contraDttt 0^ controultbeni. €l)cn it is incongruous, tbattftcp, after tlje ^Sarlia? ment Diaolteb, (ball ^}^^t potDertopuni(l^Cuibb?o?Dsoiact0,Wc|» at the time of tbe Cpeafeingo? Doing, tbepbabnotpoUJcr to conttaoict. C{treareCuperiour,mibble, anbmo?e mfcriour i^agtftrates > anb tbe Cuperiour (ball not be fubiect to t^e controle of tbe infert- our. 31t i0 a J&ofition, tljat in pares dlnullumimpcrium, muho mi nusinio'- qui niajiis impcriuni habcnr. c. Litri, Caie05 tbattbc ^Par- liament i0 tbc Cupicam Cribuual of tbe feingbom, anbtbepare Jub^ ge0 of tlie fup?fam tribunals t^erefotetljepcugbtnot to be qucftio^ nebbp tbeir inferiour0. ( g ) Cbe offences obicaeD b$ concern t^e pjiJ bileDge0of jSarliament , txJ^icb piibilcbgcs arc betcrminablciniBar? liament anbnotelCctDberc, a0appcar0bp tljepuQbentstbbicb l)abe bcencitetibefoze, (4) Cbc common;](lal« Ijatlj asfigneb piooer Court0 f o: matrcrgjin refpect of the place anb perf on0i i it» f oz tt>e place, Jt ap: pear0 bp 1 1 B. 4 :?.qi olo €utrics, 101. tbat in an Ejcaionc firmt , it 10 a goot)plea,tbattbelanbi6antientl)cmeafne, anbtljis erriubcsallotber Couits.^oit is foi l^ub in Ouriiam,olD c?iurics 4 1 9.foiit tsquedionas ble tbcre,ft not out of tl)cCountp,2iv.5fo.ipcrCons,H,i<;.H.7.roii. 93.01b ano, in Cucb matters , be i^all not eniop tbe p?ibiIeDges of an ^imbaffaboi, I5ut il f;c commit a cibill of- fmcc, toDicb is agair.ft tlje j^uniripall jlato onelp, be cannot be queftioncb fozit, as Bodin, dc RcpubHca, agrees tbe cafe. 5Upon tbc Statute of 38H.8. c. 15. fo^ttrpallof JBirats, 13. ]ac. tbccaCefell onttobetbus. 33!eiD tame SdmbalTatjn? tot^e ^nnitcDj^jtobinces, anD in bis f'oumep be :ooKfome ^paniO) tl)ips, anb after Boas miben upon tbis toiifti 3Inb agrecD upon tljc Caib Statute , tbat be cannot betcpeo as a i^prat bere bp Commisfion, but be map be queftioneD civiliicr in tbe 3DmiraUp .- jfOl, Lceati luo Kcgi loli judicium taciuiu. ^0 Cmbalfatjois of parliament /VoiiPariiaincnto, totnit, in fuel) tbings U3l;tcb cf tbcmCcibes are luftifiable. ( 7 ) Cbccc teas nebcr anp prefiDent , tbat tbis Court bab pimii^eb offences of tl)is nature , fommUtcb in parliament, toberc anp ple.1 \)3as put in , asbercitis to tbe mrifliftion of tDe Courts auDluljerctbercisno pieQnent, non^ ufage is a 200t) (iTjcpoOtoi of tbe ]iaU). U*oiD l^itd. Siaion 180. Co. Litti. t.Si.faies, 3sQiiCagcisagooD intecpietf «^ of tbe )LaU)C6, fo Bon uCage, tubere t&eccisno eicample, isa "great intenDmcnt, tl)at tl)e'/Lalo toi'll not bearit. 6 Bh/. Dy. 229. upon tbe Statute of 27 M. 8. of Jnvolments, tbat bargain anD fale of a i^oufe in London ougbt not tobeenroUcDi tbe rcafon tljere gibcn is, bcc.raCeitisnot iiCcD. 2 1 Bii/., Dy. 376. i^o errour lies bere or a 31uugment giben in tbe fibc pons , bccauCeCucb c^arit twas nebcr Cccn ^ yet in tbe liibcr- fitp of Courts it is CaiD, d)U errour lies of a JuDgmcnt giben in tbe fibc poits, ^9 h. 6. ^^9. bp xihco;!, tbita piorettlon to go to Rome 113,10 ncbet Ceen, tbecefoic be DiiaUotoeD it, (B) 31f tbis Court iball babe 31uriCbicfion , tbe Court map gibe luDgment accoj? Dingtoi^aU), anb pet toiitrarpto parliament XaU), fo: tbe par-, livinicnt in Dibers taXes batb a peculiar KLalu, ^otbJitbftaiiDing rbc ^.tuutc of • H. ^.c I. tbtt eberp iSurgclTe ougbt to be re- fibcnt iijitbi:] tbe lijucrougb of iDbtcb be is iSurgciTe , pet tbe conftai\t uragc of parliament 13 tontrarptbtreuntoi anb if Curb matter (ball be in quenionbefozepe,ve ougbt to 'iDiubge accozDingto tbe Stature, anb net accoibing to tbeir uCage.^o tbci^oufe of Hoibs batb a fpenall g 2 %m 1. Citmdin'i Brii. 449. 7- ^i 9- 10. I. Objcft. , Objca. 5. objta. APPENDIX. %?L\o alCo, as appears bp 1 1 R. 2- tlje ^o\\ of t^e ^jocelTc anD JUDS* men, (tJJltctj t)atl)beenriteD befoze to another purpose ) toljcrc an appeal txias not atcozt)ing to tl)C one %m oz tl)'otl)eC;rct it toasgooD ac- foitiing to tl): coarCe ot parliament. ( 9 ) Becaute tljis matter is b:oiigl)t in tbis dourt bp iDap of 31"^ o?niation , totiere it cugljt to be bp mv of ^HDiftment, 3[lnti it appears bj? 4 1 aff. jm 2. ttjat if a 2BiU of isifccit be biougbt in tl)is Court , to^ereit ougbtto be bp CKdrit, Cljis matter map bepleabeo to ttie ^uriCbiction of tl;e Court , becauCe it is vi 5i arrni^, anD contra paccm, ^jt appears bp allour I5ool^6,tbat infozmations ougljt not to be grounDeo upon Curmif cs , but upon mat^ ter of liecOjU, 4 H. 7, 5 . 6 E. 6. Dy. 74. JnfOZmation in ttje Exchequer, anu 1 1 H. ?^, Kciiw. loi. areto tbis purpoCe. 3llnDif tlje matter be vi Iannis, tljenitougbt tobefountjbp enqueft, 2E, 3. i,^, Appeal fljalinot begrounoeo upon tljellieturn of tbc^^eriff , but tbc feing ougbtto be certifier) of it bpjnbictment, i h. 7 6. anb Stamt.f. 95.^, 5apon tlje Statute of 2 5 E. 3 . c, 4. t^at none (^ali be impuConeo but upon 31"t3irtnient oi ^^jefentment^ anb 28 E. 3. c 3. 42 E. 3.c« ?. aretotbe Camepucpofe, ^0 bere,tl3is Jlnfoimation ougbt to baUe been grounoeD upon JnDittmcnt, 0? otber matter of I'^icoiD, anb not upon bare intclUgcnte giben to tic &ing. ( «o ) rcbe ptcfcnt cafe is great anD tifgtult, anD in Cucb cafes, tbejubges babe alttiaiesouteD t^emfelbes of JuriCtiction , as appears bp Bracton , book 2. 1. 1. Si aliquid novi non ulitacum in Regno accidcrit , 2 E. 3, d, 7, anD Dower 343, 00)3) J tDill remote Come objections tbbicl) map be mabe. csaijeretbe mngi0i9laintiff, itisinijiscleitiontobjing^is^rtion in UJbat Court be plcaCes. Cbis is true in f ome Cenf e, to t»it, Cbat tl^e feing is not teftrameb bp tbe Statute of Magna ciiarta , Quod com- munia plaLita non fequancur Curiam noftram; f 0^ be map bting l^iS Qiiare impcditin B. K. 31nD if tt COncemS Durham , 0} OtljCt Countp l^alatine , pet tit feing map i^ate ^ts Stttion !)ere ■•> fo? tbe CaiD Courts arc createbbp patent, anbt^emngmapnotbe rcflraineb bp ^Barlia- mentjOjtbpi^isobjn i^atcnt, tob?mg bis 3ctionU)bere \)t picafet^. J5ut tbe ting fl)all not babe bis Action to^cre ^e pleafet^againfl a pzobtbition ofti^e Common iaioo, as 12H. 7.Kciiw.^. tbe &ing fijallnot babe a f ozmeDon in Cbanterp, 3nD c. 6, 20. Gregorys cafe, 3]f ttie l^ing toill b,:ing an 3]nf ozmation in an infcriour Court, t^e partp map pleaD to tbe jtiaCcicfion, ^0 toljere tlje Common yUisi inabes a pzobibition, tbe feing ijatb not cUttion of bis Court, Cbc llnfoimation isconrraformam Scatuci , tobicb ^tatutc, as 3 conceibe , isintentcD tbe Statute of 5 H. 4. c. ^. anD 1 1 H. 6. c 1 1, bJbicb gtbes potoer to tl)is Court to punifl) an affault , mabe upon tbe f erbant of a tmigfjt of ^^atliament. 25ttt our cafe is not tmtbin tbofe ^tafiitee, not tbe uitent of tbem-^ fo?it is notintenbtble, tbat tbe JBar- liatnent OjOuID UifaDbantagetbcmfclbes, in point of tbcit p:ibileDge» Znt} tbisbjasa trefpalTe bone UJit^in tbe I^oufe bp }&arliament^en amcngfl tbeinfelbes.^'nt) Crompton's juriidi*aion ot Ccuns,t,a. Cait^, Cbat' tbe i^arliamcnt map puniO) trefpaflfes Donetbere. I^zcficcms babe Wn citeD of j&arliamcnt^men , impiifoneD anD puniOieD foi matters bone in parliament. Co tbis j Cap, Cbat tbere is via juri^, anb viataai ; anb viafaai is not alvbaies vin,uri ,c.4. 93. i^zefiDcntsarena gooD Directions, unlclTetbep be fubitiall. e ^uit Gjail be ftapeD During ^is inf antp, bet auCe tbe p.^rip cannot tiabc Ijis irpall bp Bartail agamft ttie 3nf ant^ but toe '/La"d> is now ijelD orberiy if c in tye CaiD caCc. 3nD in fomecaCcs, criminall oSences (Dall be tiipunifljet) , 29 H. g» Dy.^o. appeal of un'aOer lies not fo; nmrDer Done in feberall Counties, TOs Couvt of B. K. is coram ipio Kegc , t^e fems Ijtmfelf bp in^ tenDmentisbccein pecCon. anD as it i6faiD,c. 9. 1 18. it is ;>uprc- mumRLsm inbunal, Of O^Dinacp JUCifDiCtlon, 23Wt tO tt}i53ICap, tbattlieiaarliamentisa tranCcenDcnt Court, anD of tranCtenoentfu* riCDittion^ 31t appears bp 28 air: p. 52, tljattljeftpleofotljcr Courts i» coram Rcgc , aS tocU aS t^is IS , aS corimj Rcgc in C.'anccllaria coram llcgc iiiCamera ; anD t!)OUgb it be coram Kcgc,pettbe3IuDgeS gibe tbc ^uDgment. SCnD m tl)e time of h. 3 . in tbis Court, f ome €tv tries tXICre coram K*. gc^ others? Coram Hugone dc Bigod. Cbcpiibilcges of parliament arc not queftioneD, buttle tonCpica* cics anD mirocmeanours of f ome of tljem ©ut to t^is J f ap, Cbat tbe Diftinaion is Difficult anDnarroto intljis cafe, toberetbe offences ob^ jccteoare uiRifiablc : anD if tbep be offences, tbis refletrsupontlje i^oufe :jjl)icb batb tiot puiu(ycD tbem. Cbe cafes of 3 ^- 3. ^9- anD i anD 2 Phil. & Mar. i^abe been ob tectcD. 23ut foj tbe l^ft it is obferbable, tbat no plea tuas pleaccD to t^e UmifD'.ction , as it is mour cafe. 3CnD if a parliament man 0: otber, BDpitl?l^ati;piilnlfDge, be unpleabeD in fojtraign Court , anD neglett IjispleatotOe 3)Utii"Diction , tbe Court maptocllpzoteeD 9 H. 7. ,4. 36H. e. .4 H 15 ]3c. JlntWs court tl)C)LozDNorrcys,tljat teas a }&cer of l^arliament, ^as uiDiaeD in tins Court foztije mttroer of one Bi'.oLi, anD plcaDeD bis parDon. 3llnD tljf ce it to^s boubteo, boru tbe Court fljoulD pzocceD againft bim, (foztjebrtbcHaii) ougbttobabe bis Crpail bp bis ^^ccrs ) ainD it \3Das rcfolbcD , tb^tinbcn tc pleaDs bis parton , oi confeffetb bis fault , ti?er?bp tie gibfs mrii uiftton to tlje Court, anotbe Court map gibe 3IiiD3ment againJl btm. ^otl>n tbefc cafes, bJl)ece it toas not pleaDeD to tbe 3!urifDtrtion , ean be nopze- (iDenrinourcaic. CbP PMbileoge bere is not claimeD bp picfcription 02 CI;arter, tbere- foie it is nor gcoD, 25ut J Cap, tbat notfloitbftanDing tfjis, tt is gooD •-, foitDtjeretbecommonotauj outs a Court of JurifDiaion, tbercneeDs no charter oj piefcription , 1 o H. 6. 1 3, 8 h. 8. k\ jin . 1 89. Br. n. c. 515. miim ^anauarp of a Cburclj is pleaoeD , tbcre s no nceD to mabe i^icfcription, becaufe eberp Cl)urcl) is a ^anctuarp bp tl^t conv monO(Lam.Cberefo?e,fsc. Heath, t\)t feings 3tturnep , tbe Came Dap argueD on tljeotljer fiDe, but bucflp. firft, be a-iCt»ereD to tbe obtcrtions tubttb bao been maDe. firfl,bG CaiD, Cbat ^jufoimattons migbttoeUbe formatters of tl)t8 nature, toUtb arc not capitall :, anDt'o.it tbece are matip pzeHDcnts of fucb IBnfozmaticns. cBnt note tbar be oioDuceD none of tbem) 2 y.31tbatbbeenob*f(tcD, C^attbeparc aCounciU, tt)erefo?etl)ep ougbt to fpeab freely, ©ut Cucb fpeecbes to^icij Ijere are pjonountcD , piobe 4. Objeft. j.Objca. i. Objeft. 7. Objeft. 8. Objeft. Sir Kcb.Hemhs p.iinft Sir Uhn Elliot. I. 1. 54 APPENDIX. 4. 8. p:ot3Ctl)cmnot CounfeUozs of ^tatc.butBeDlamc, tlje aDDitionof one UJoiD ttioulD fjavsc maBc it CtcaCon, to toit, Proditone. 23utitis tl)i pleaCurc of rt)e feing to pjocecD in tl)is manner, a0 noto it is. 3!nD t^etc is great mffctcnfcbctlDecn ©ills ano libells, anobcitoecn ti^eit pjoceeiJingSjns Coiiniell anD as iQputinous. sly, (^\)M it UJoulii be of Dangerous conCetiumrc •, f ojt b? tl)i6 means, none tooulo aotoenture to complain of gricbances, J anftwcr, fijljep map maUetbeic complaints in j^arliamentarp manner , buttljep map not A mobe tljings, iBDicb teno to biftraaion of t^t feinganD l;is (So- betnmenr, 4iv.d)eCc matters map be punifljeo in foUoU)ing |3arliamcnrs. I3«t tbisis imposfible, foi foUotomg i^atliaments cannot knob? , tjjitl) UJbat minbe tbefe matters toere bonc, ailfotbei^oufe of Com- mons is not aCoart of Juaiccofitfelf. Cl)e tlno i^oiifesare but one 25obp, ano tljep cannot pjotceDcriminallp to puni^ crimes, butonelp uponrbeir ^embers bp tjjap of impjiionmcHt ^ anoalfotbcp are not B a Court of l^ecozb, 3nD tljcp babe fojbio tbeir ClerU to maue enttp of ! ibeit ^peecbes, but onelp of matters of tourCe s foz manp times il)ep Cpeab upon tl)e f ubbain, as otcafion is offereb. 3nD tbete is n o neccsh* tp, tbat tbe feing (boulo cicpect a uctD pacUament. Cbe )lo?D6 map grant CommisOons to Determine matters , after tbe ^Sarliament en- DCD' but tbe l^ouf e of Commons cannot to Co. SnD aifo a ueuj i^eufe of Commons confifls of netb^en, tobictj l)abe no conuCance oftljefe offences.i H.4. Cbe:i3ifljop of Carlik, fojbJotDS Cpoben in tbe p^arlta^ ment, tbat tbe iiing bab not rigbt to tbe Ctoton, teas arraigneb m rl)is Court of bigNreaCon^ anb tben^e bib not pleaD l)ig p:ibtlebge of i^arliament, but Caib, Cbat be teas Epiicopus unaus, &:c. 5iy.4 H. 8.Scrodt staCebatb bccn cbjetteD. iButtbis is but a par- ticular act , altbcugb u be in pjmt $ fo^ Kartaii intitlcs it bp tbe name of iitrodc^ fo t\)t title, asobp, anb piobiCo of t^e M are pacficular. 6]y.c^attbi6 is an inferiour Court to tbe ^Sarliament, t^ercfoje, ^f. Co ttjis j Cap, Cbat, eben fitting tbe iBarii-iment , tbis Cuurt of B. R anD otner Courts , map jutgeoftbfirpiibilebgcs, as ofajBar^ Uament^man pur in cjcecution, ^c, anD otber cafep. Jt is true, tbat t^e 31ubges babe oft times DetlineD to gibe tl;eir iuDgmcnt,upon tbep?i< bileges of pariian^ent, fitting t^c Court. But from tl;is it follotoes not, tbat toljen tOeofTente iscommitteDtbcre,anbnotpuniQjeD, anb tbe CaiD Court liffolbeD, tIjattlimfotetljefaiD matter fljallnot bequeDio-' neb in tbis Court. jiy.Bprbis means tlje p?ibilebgeg of l^arliament C^allbeingreat banger, if tbis Court map iubge of tbnn. 23ut3ianfboer, Cbattbereife no Danger at alU fo? tljis Court map (uDge of Slcts of j^aciiament. Sly. fBcrbaps tbefe matters boere bonebp tbe tUotcs cftbei^oufc j o?,iftbepbc offences, it is an imputation to tlje i^oufc tofflp,tbattbep baD ufglecteD to punifl) iljcm. :!But tbis matter tot^ not appear. 3nb if tbe trutb bjcre fo ^ t tef c matters migbt be gibcn in ebibcnce. s?iy.Cbcreisnop:efiDcnt in tbecaiC, tobitb is a great pjefumpticn of tm. 25ut totl)i5 3Ianfn)cr,Cbattberett3a6 nebcranp p?efibcnt of Cutb a faff, tberefoze tbere cannotbeapiefioent of Cucb a jUDgment, 3nbpetin tbe time of iEiueen Eii/akch, ittt)as rcfolbfb bpBrown, anb manp otber lluntces, tbat offences bone m iBarliamc nr map be pu^ niOjcDout of jBarliamcnt, bp impnfonment oz otbetlmfc. Jtnb tbe cafe D E B APPENDIX. 1i cafe of 3 E. 3. 1 y. is tabcn fo? gooD )LatD bp Stamf, anD Fitzh. 3(int) 2 z E. 3 . atK) • Ma r. acco.zD Ditcdlp U3Ulj it, 23ut it \:fn\) been ob-ettfti, t^at tbere toss no plea inaoc to tl)C 31wf i^Oictioii. I5ui it is to be obrcc' CedjeO , t!)3t i^ioydcn, tbat teas a icawieD man , Uias one of tbe 1©e- fcntiants, anD be pleaoeD not to tbe JluciCviction , but pleaoet) luenCc to bepact* 31nt) tl)e laiD 3|nfo2matton DepntDeb bucuigall cbeHUigneof ^ueen Mary , During tobici; tiuie tbere loere Cone idatiiaimnts , ano t^ep nebet queftioncD t^is matter, 25ut it bato been further obiccteo, Cbat tbe f aiD taCe Differs fwm out caCe, becauCettinttbetetbeoSencetPasi^oneoutoft^el^ouCe, anbtbis ttjas Done toitbmtbe i^ouCe. 23ut m tbe faio taf c , if Utenf e to tepart be pleaDeD) it ougbt to be ttpeo in parliament , as tseU as tbeCe offen^ CCS fcere. cbetcfoie ^c. 3nD ttic Can.e bap rbe Hwoges Cpafee bticflp to tl^e cafe , anD agreeo tbitb one boice, Ct)at tb^ ^ourt, as tW caCe is, (^all ^abe luriCbtition, alt^oug^ t^aC ^eCe offences tberc commitceD m i^arliametu. After- . ' 5« APPENDIX. 2. 3- 4. 6. 8. lO. 11. Afterwardi the Parliament which met ifc.Mr.fyil!iam Stroud^ Mr, Benjamin f^alentine^ Mr. Hollts , Sir John Eliot , Mr. SeUm , Sir Miles Hotert, Sir Peter Hey- mari^ MT.tVaher Lorig^ 3it\d MT.P^f^flltam Coriton -, bearing date, tertio Mar a quarto Carolt ; and the names of the twelve Privy Counfcilors that iigned this Warrant were read. The Parliament being adjour- ned the fcLond of March to the tenth of March, and then dilToived. The Warrants under the hands offixteen Privy Counfcilors, for commitcing- of Mr.Denzill Hollts ^S'n John Blioti Mr^JohnSeUen ^ Mr. BenJAmin Valtmirte , and Mr. fytlltam Coriten , clofe prifoners to the rowr, bearing date, ^arto Martii quarto Caroli , during the Parlia- mc nt, were read. Ami ttie names of the Privy Counfellors that fub- fcribed thcm,were read. The Warrants under the hands of twenty two Privy Counfellory, direfted lotyiWam Bofwell Efq^ to repair to the lodgings of Denzil Hollts Efq-, and to Simon Di^hy ElqJ to repair to the lodgings of Mr« John Selden-, and to Lawrence Kf^ht taker Efqj to repair to the lodgings of Sir John Eliot , requiring them to leal up the Truncks , Studies , and Cabinets , or any other thing that had any Papers in t hem, of the faid Mr. Hollisj Mr, John Selden^ and Sir John Eliot , were read ^ and lilcewifc the names of the Privy Counfellors that fubfcri- bed the faid Warrants. A Warrant under the hands of thirteen Pri- vy Counfellors, for the commitment of Mr. ;r/7//4w67roWclofc prifo- ncr to the Kinos Bench , bearing date, 2d. y^pril, 1^28. was read, and the names of the Privy Counfellors that iubfcribed it; The like War- rant was for the commitment of Mr. Vf^alter Long clofe prifoner to the MAr\hall-fea. The humble Memoriall of the loffes, dammagcs, f uffcrings, and im- pril'onments, fuflainedand undergone by Alderman Richard Chambers, for denying to pay Tunnage and Poundage j (not granted by Acl of Parliament) in obedience to a Declaration and Vote of this Houfc, was this day read. Ordered, that it be referred to the Committee for the Members of tertio Carolii where Mr. Recorder hafti the Chair ; and the Committee of the Navy, joyncdastothisbufineflTe s toconfider of the Memoriall of the lofles, dammagcs, fufferings, and imprifonmcnts , fuftained and undergone by Alderman Richard Chamhers , for his denying to betray the Liberty of tj-.e Subjcdt , in paying the illegall Tax of Tunnage and Poundage, (not granted by Aft of Parliament.) in obedience to a De- claration and Order of this Houfe. And the Committee arc to make report on Mund&y fortnight. Refolved, &c. That Mr. Ho///s fliall have the fum of five thoufand pounds, for his dammages, IcfTes, imprifonments , and fufferings, fu - f\ained and undergone by him, for his fervicedonc to the Common- wealth in the Parliament of tetth Caroli^ Refolved, &c« That Mr. Joh/i Seh'en fliall have the fum of five thou- fand pounds, for his dammages, lofles, imprifonmcnts, and fufferings , fuftained and undergone by him for hisfervice done to the Common- wealth, in the Parliament oi tenia Carol/. Refolved, &c. Tliat the fum of five thoufand pounds be pfTigned for the dammages, lofles, imprifonmcnts, and fufferings , fuftained and undergone by S\v John Eliot ^ for his fervice done ro the Common- vvealrn in the Parliament o{ tertio Carol/, to be dii'pofed of in (uch man- ner, as this Houfc fliall appoint. Rcfol- A B D APPENDIX. TP B C D llcfolvcd, &c. Tliac the (urn ot two tnouland pounds, part ot tour thoufand pounds^ paid into twc late Courzoi Hoards and Lizeries , by the hcircs ot" Sir John Eliot , by rcafon ot his marriage with Sir Dantel A^6»/.Wj daughter, (hall be repaid toMr, £//of, out of the arrears ot monieS:payao!e into the late Court of W ards and Liveries, before the taking away ot the laid late Court. Ordered , that it be referred to the Committee who brought in this Report, to examine the Decree made in the late Court of Wards and Liveries , concerning the marriage of Sir John Eliot's heir with Sir Da- rnel fort tliefame to the Houfe. Relolved, Sic That tlie fum ot live thoufand pounds (hall be paid unto the oiSiz F^ter Heymar^^ for the dam- mages, lo(Tes,fufferings, and imprifonmcnts, fuftained and undergone by bir Peter Heyma/i, tor his fcrvicc done to the Common-wealth in tne Parliament mtertio Caroli. Rcfolvcd, &:c. That Mr.rralter Lon^ lliall have the fum of five thoufand pounds paid unto him j for the daramages, lofles, fuflf.rings, and imprifonment fultained and undergone by him , tor his fcrvice done to the Common-wealth in the Parliament of r^nfoC^^o//. Rcfolvcd, 8cc. That the fum of five thoufand pounds lliall be af- figned, for the da,mmages, lotfcs,lutferings, and imprifonment, lu- ftained and undergone by Mr. 5/ro«'f Hate a member of thisHoule) decealed, tor fervice done by him to the Common- wealth, in the Par- liament ot leriio Cartli. Relolved, &c» That Mr. Benjamin Valentine fliall have the fum of five thoufand pounds paid unto him , for the dammages , lolTcs, fuife- rings , and imprifonments fulfained and undergone by him for his fer- vice donoto the Common- wcakh, in the Parliament of tertio Caroli. Relolvcuj&c. That the lumof five hundred pounds lliall bebc- ftowedand difpofed of, for the crcding aMonumenuoSir Miles Ho- b'ert-)Z. Member oi the Parliament of fi?/7/oC'JK&//, in memory of his fuf- ferinas for his fervice to the Common-wealth in that Parliament of tertio Carolt. Relolved, Sec. That Mr. Samuelf^.tlfell lliall have the fum often thou- fand four hundred forty five pounds twelve fluUings twopence paid him» for his lofl'cs and dammages lullained , for denying to pay Tun- nagc and Poundage, fnot granted by A^Oc of Parliament) in purl'uance and obedience to a Declaration and Vote of this Houle. Refolved, &c. That this Houk doth declare , that they will in due time take Mr. ^a(jell into furdier confideration , for his imprilonment and perfonaU fufferings. Ordered, Tliat it be recommitted to the Committee , who brought in this Report vo conhder , how the leverall fums of mony this day ordered to be paid, for dammages to the fevcrall Members, and others before named, for their lufferings in the lervicc of the Common- wealth, may be raifed. FINIS. B D AN INDEX Alphabetically digefted, relating to the Principal Perfons and Matters contained in this Book. A. Bbot JrchbiJIwp, hk advice concerntri?- the Palatinate J^f>,^. 1 2 In dtfgrace at Court, p. (5 1, his Letter to the King again (i Toleration of Po- pcry,p.S').Sti/lindlsfj'vor,p_4.;^, A Cotnmifion tofecjuefter bint, ib. his Narrati've at large containing the true cau^e of his being fc^ite fired, from p.4^ 8 .^tf 4<5i .His Speech con- cerning the Petition of Right ^■^, 552 hhhot Doctor p. 6 2 A^s paffed in Parliament,'^. 152,195, (644 k\{ox<^ Mafler p. 5 68 Allured Mafler his letter to the Duke, p. 91. Another concerning the Duke p.621 Aynbafjadors private InflruSfions^p. 1 8 Anfaault Prince^ made General of the Bohemians p. 14 Arminjans p. 62, 111,177,180, fi8i,479 Arundel Earl p.3(58,^r. Afliley Serjeant^ que[lioncd for words ^ Afton 5/> Walter, p.14,60,106, (107,113,114 Le AfTembli des notr.bles, &c. p. (691. y^«i5^p.i4. Apptndix. Atke Mr. His Argument for Malier StiQud, p. 18. Appendix B. BAcon, Lord Chancellor p. 2 8, (-29,31, i^i Bavkley Serjeant, his Argument a- gainfiMr.StiO{id. Appendix,p.ai Barkdiire Earl ?.37^ Barons of the Exchequer fent unto a- bout Merchants geods, ^.666^66'j Beecher 5/r William P.430 Bechlem Gabor afi(is the Bohemi- ans p. 12 Bohemians vide Palatinate Book of Bounty prohibited p. 41 7 Bramfton Serjeant, upon the Habeas riorpus p. 463 Briftol vi^ Digby. Buckingham rvrites anto Gundamor of King James dtfjatisf action about the Palatines War, p. 16. Goes rvith the Prince into, Spain, p. j6. Made Duke,p, 78. A Letter fent to him from Mr. Allured, p. 91. His Narrative to both Houfes of Parliament, p. 119. The truth thereof attcfted b-j the Prince, p. 1 6. The Popes Letter to him, p. 80. His head demanded by the Spanifl) Am- Lifidor, p.T 26. The Duke is jufli- fed of both Houfes, ibid. And by King James, who called him his difciple, p. 1 2 7 . Is accufcd again by the Spant^ Ambaffador P. 1 44 Renders an account in Parlia- ment of the Fleet, p. 190. And al- fofpeaks on his own behalf p. 191. j^eries in Parliament concernin?^ the Duke, \>.2zx. 5/> John Elliot concerning the Duke, p . 2 2 4. The Kings Speech on behalf of the Duke, p. 225. Lord Keeper to the fame purpofe,^. 22 J. The Duke explains the Kings and the Lord Keepers Speech in Parliament, p,z29. And renders an account of his Negotiati- on in the Low Coun treys, and elf- rvherc, p. 2 3 i . // vindicated by the Lord Conway, p. 1 3 5 . The Com - mons prcfcnt a Remonftrance ^ (*) ____j«^«£ INDEX. i agawjl him, p. 247. Private ad- vice given him,y>.2 5 o . The Dukes anjmr to a Meffage from the Cem- 7norJS, p. 2 5 1 . Articles exhibited against him by Briftol , p . 2 6 6 . The Kings Mefjage on behalf of the I>itke,againft ^nHoljp.ijo, hn- ■peachcd by the Commons, p. 307. managed at a Conference by Eight Members, p. 306, 307, 308, d'C. Private [uggeflions on behalf of the Duke, p. ^60. The Kings Speech on his behalf, p. 361. A Mefjage from the Commons againft him, p. 3 (5 1, His Speech againfl them, p. 367. i'/> Dudley Carlton concern- ing him, ^. -^62 ^^6^. Diffatisfied at the releafe of Sir John Elliot, p. 365. Sir ]obaE\\iots explanation concerning him, p. 366. Jschofen Chancellor of Cambridge, p.375. His Letter to that U»i'verftty,Tp.^'T] . The Kings Letter on his behalf^ p. 378. His Speech in Parliament be- fore he gave inhisAn(rver, p.379. His Plea and Anftver to the Im- peachment, p. 380, <^c. The King prefers an Information againfl him in Star-Chambei-j p, 417. Sets fail with the Fleet, p. 429. Lands his Army at the I(le />/Rhee,p.43o. And had a hot encounter with the French, p. 43 1 . Omits to take in the little Fort, ibid. Lays fiege to the Cittadel at St. Martins, ibid. P\f treats with the Army from Rhee, p.469. Declared caufe of all grie- vances, p. 6I). De fires to clear himfelf concerning fome words, fup- pofed to be fpoken by him, p. S'^g, And charges one Melvin for freak- ing words again fi: him, ibid. Is flain at Portfmouth, p. 647. The King receives news of his Death, ibid. Burlacy Sir John p. 1 5 Burroughs Captain p. 1 5 , 40 Burroughs 5/> John flain at Rhee, p. 200 C"^ Althrop Mr. p. 464. Appen- ^ (dix 49 Carlile£4?-/ P.173 Carlton 5/r Dudley, p.76. 362,353 Carmarthen Mr. his Anftver about Cu flows p. 668 Cautionary Towns in the Netherlands delivered up p. 3 Chambers Mr.queflioned at the Coun- cil, and committed, p. 65 1 . Brings /'Af Habeas Corpus, ibid, is bailed^ p.652. his Goods feifed on for not paying of Cufloms,p.6')^. A Writ of Replevin denied him, ibid. Pro- ceedings in Star-Chamber againfl him^p.SSo, His Sentence, ip.SSi. His fubmifion tendred,^. 682. fjfis refufal t hereof , p. 68 3 . His Plea in the Exchequer againfl the jurif- diction of the Court 0/ Stat- Cham- ber, ibid. Brought upon Habeas Corpus, p. 686. His Petition to the long Parliament^ p. 687. His Death p.'68p Charls Prince.^ his Letter to Philip the Fourth ^Spain about the Match P.JS*. Goes difguifed into Spain, p.76. Had a fight of the Princcf? Henrietta Maria as he paffed through France, ibid. His recepti- on and entertainment in Spain, p. 77. Endeavors ufed to make him change his Religion , p. 78. The popes Letter to himfihid. His An- fwer thereunto, p. 82. Swears to Articles of Marriage, p. 86. The Oath taken by him, p. 88, Swears to private Articles,Y'.^^i^9' And afterwards findes delays in Spain, p. 102. Refolves to depart thence and leave a Proxy tvith Briftol, p. 103. Feafls the Spanijh Dons a- hoard his Ship, p. 104. Arrives frf/f/w England, ibid. Left private Jnflru5lions with Briftol to contra- diB the Proxy, ibid. Attefls the Dukes Narrative in Parliament, p. 1 19 7/ Proclaimed King , p. 169. New fwears the old Privy Council, ibid. Purfues their Advice, p. 1 70. Puts forth a Proclamation of Go- vernment, p . 1 7 1 . Att tnds in per- fon his Fathers Funeral, ibid. Con- tinues the Duke intimately in favor, ibid. B D INDEX. ibid. Levies Soldiers for the Vi\^- tinate, p. 172. Signs the Articles of Marriage with France, ibid. The Marriage [olenini[cdi» France, p. 173. Sends the Dtikeof Buck- ing h.am into France to attend the ^een wfo England, p. 174. And meets the £^een at Dover, ibid. 'The Marriage conjummated at Cm- t(::bmy^\b\d. Brings her to London, ibid. His firft Speech in Parliament, p. 1 7 5 . The Lord Keepers Speech by his dire£fion,^. 1 76. Orvns Mon- tague as his [erf ant, p. 1 78. Ad- journs the Parliament to Oxford, B ibid. His Ships employed againfi Rocheljibid. His Speech at the Par- liament in Oxford,p. 1 8 1 .Seconded hj the Lord Conway and Secretary Cook,p. \%y.He Anfwers the Com- mens Petition agAi^fi Rccuf^nts, p. 18) . Sends a, Meffagefor fupply, p. 1 5)4. The Commons infifiing flill i upon grievances^ he diffolves the ; Parliament, p. 1 95 . And follows his deftgn of War, ibid. Sends out Privy Seals for money, p. 196. "Difarms Recujants,^. i g^. Sends out his Fleet and Army under command of rif- count Wimbleton, p. 198, 199. Their unfuccefful Foyage, p. 200. J) He norvprehibites trade with Spain, p. 201. Takes the Seal from Lord Keeper V^iWiims^ p.202. Calls a Parliament ^h\d. Prepares for his Co- ronation, "p. 20'^, Commanets allof Forty pound per annum to appear, and receive the Order of Knight- hood, ibid. The manner of his Co- ronation, p, 2 04. The King is pre- fent at the opening of the fecond Parliament ^ p, 206. And com- mands the Lord Keeper Coventry to {peak what he intended him f elf to have [aid, ibid. Forbids refort to hear Maf, p.2 1 6. The Kings Let- ter ta the Commons tobtflenfupply, p. 2 1 8. Zcconds it with a Mcjfage, p. 219. To which the Commons fent an A n fiver , p. 220. The Kings Reply, ibid. And fends an- other Meff age concerning Mr. Cook and DocJor Turner, p.2 2 2 . Three Subfidies and three Fifteens Voted ts he given him, p.2 2 5. And hot Debate againfi the Duke, ibid. Whereupon the King fpeaks to the Parliatricnt, ibid. And refers fo the I ord Keeper to [peak further, p. 225, 226, arc. And (peaks again him f elf, p. 2 2 5?. His Speech explained by the Duke, ibid. Re- ceives A Petition touching Nobility, p. 237. His Letter to Briftol , p. 241. His Menage concerning Briftol, p. 245. R'ceives a Re- monjlrance from the Commons con- cerning the Duke, p. 247, Ad- journs th: Parliament for a tveek, p. 250. He is attended by fome Bifhops concerning the Duke , p. 251. Leaves the Hottfe at liberty to prefent the matter concerning the j»«i/.. p ■,.%'> Hii Mefjage on behalf of the Duke againfi Briftol, p.2 60. His Speech on behalf of the Duke,p.^6i. Commits ^/> Dad- ley Diggs and Sir John Eljior, p. 362. Releafes them, p. 3 54. His Meffage concerning the Earl of A- rundel, p. 368. ^His Anfwertothe Lords Petition, p. 371, 372. His further Anfwer concerning the Earl of Arundel, p. 3 73 . Another Mef- fage from the King concerning the jaid Earl, p . 3 74, 3 7 5 . The Earl 0/ Arundel fet at liberty , p, 375. His Mefjage to the Parliament, that they hinder not the Ele^ion of the Duke , as Chancellor of Cam- bridge, p. 376, 377. His Letter to that Untverfity on the Dukes behalf.^ p. 378. His Letter to the Speaker concerning Supply, p. 394. The Commons Petition him againfi Re - cufantSfp.^p-). A Speech made to him by Sir Hennage Finch concern- ing the D«^/^ of the Loan, p. 422. -^»^^ /"''^^ a Declaration ccncerning the Loan, ibid. Gives private InflruBions concerning the Loan, ibid. Grants A Comnnfion for Martial Law, p. 423. Di [places Sir Randal Crew about the Loan, and makes Sir Nicholas Hide Chief ^u- ftice , p. 424. Sends Six thou- fand Engli(h into the Nether- lands , pag. 425. Makes Sir Charles Morgan General of thew, ibid. Caufes refufers of Loan money to be prefjed for Soldiers, p. 426. Diffatispedwith the French about the ^een, p. 427. and difmiffes them, p. 428. His Declaration concerning a War with France, p. 429. Makes the Duke of Buckingham Admiral and General, and gives him a Commifion, ibid. Secures feveral Gentlemen for not paying the Loan money, p. 433. Grants a Com- mifion to fequefler Archbifhop- Abbot, p.435. Appoints a [up- fly to be lent to the Duke under the Earl of Holbnd, p. 466, A Lifi of the Debt the King owes for Fraights ef Ships upon the two Expeditions to Cadize and RJiee , p. 470. Calls a Parlia- ment, p. 475. Set at liberty the imprifoned Gentlemen about the Loan money , p.477. A Lifi of thofe Gentry imprifoned by the King about Loan money, ibid. His Commijiion for an Impofition in nature of an £xcife confidered of, p. 478. His Privy Seal to fay Thirty thoufand pound for raifmg of German Horfe, ibid. His Speech at the opening of the Third Par- ment , p. 480. Lord Keepers Speech by his direUion, p. 481. The Speakers Speech to him, p. 484. Petition to him for a Fafl, p. 494, Hii propofttions for fup- fly, p. 502. His Propofttions touching fupply again mentioned, p. 509. His Anfiver to the Peti- tion again fl Recufants , p. 511. //«• rrofefttioMs debated , p. 525, ')^6, His Mefjage concerning words faid to be fpoken, p. 529. Another Meffage to fecure Liberties by Bill, p. 530, 531. Subfidies resolved to be prefented unto htm, ibid. The Kings Anfwer concern- ing the fame, ibid. The Dukes Speech concerning the Commons liberal gift to the King, ibid. A Menage from him againfl a Recej? at Eafter, p. 543. A Meff- age from the King to haflen fup- fly, p. 544. The Speakers Speech unto him at the delivery of the Petition againfl Billeting of Soldi- ers, 546. His Anfwer to that Pe- tition, p. 552. The Lord Keepers Speech by his Command, to rely on the Kings word, p.555. Secretary Cooks Speech thereupon , on be- half of the King, p. 555, 556. Sir Benjamen Rudiards Speech concerning the Kings word,p.')')7. The King fends another Meffage by Secretary Cooke , to know whe- ther the Parliament wiH O" no re- lie on his word, p. 5 5 5,559. Se- veral debates therrupon, ibid. He fends another Meffage, that he in- tendeth fhortly to end that Sefion, p. 560. Debates thereupon, p. 5 61. The Speakers Speech in Anfwer to B D INDEX. to the Kings [evcral Mcffitgcs, ibid. The Kings Anfrver thereunto, p. 562. 7he King fcn^s another Me f- fage to relie on his word, p. 565. Several Deb'ttes thereupon , ibid. The Petition of Right to be prefent- ed to the King, delivered at a Con- ference,^. 554. His Letter dcda- ring that he will preferve Magna Charta c^c. communicated at a Conference, p.565, 566. The Lords Addition to the Petition of Right to have a [aving for Sovcraign forver, p. 5^7. Several Debates and Conferences thereupon, Jhetvi/jg the B danger of [uch a. Salvo, p. 558, 5^9, &c. The Lords agree to the Petition of Right tvithotU the Addi- tion, p. 593, The Kings and Lord Keepers Speech at the presen- ting of the Petiticn af Jlt^J^t. p, 596. The Petition of Right at large, p. 597. The Kings Anfrver there- unto^ p. 598, Not fat is factory, and feveral Speeches thereupon, p. 598, ')99,&c. A Mejf age from the King to end thcSefion on f uch a day, p. 601. He fends another Mejfage that he will certainly hold his day to end the Sefion, ^. 613. Several Debates thereupon, and the Duke J) declared the caufe of all Grievances, p, 6 1 5 , 6 1 4, e^t. The King com- mands the Houfe to adjourn, p,6i6. The Lords Addrefs to the King, to prevent a diffoliition, ibid. The King (ends another Mc(fage to qua- life his former Mefjages, p. 622. Several Speeches thereupon, p. 62 5 . The Kings Privy- Seal for pay me fit of monies to raife German Horfe, p. 624. Burlemachs Examinati- on, that they were to be imported into England, ibid. The King receives a Petition from both Houfe s for a better anfrver to the Petition of Right, p. 625. The Kings fuller Anfwer thereunto,and his Specch,ib. The Kings Commifionfor raiftng of Monies by way of Impofition, p.626. Debates thereupon, p.627. Debates about a Remonjlrance to the Kim againfi the Duke, p. 628. A Re"- monftrance to the King against the Duke, p. 63 1, 63 2 , (^c. The King caufeth the Proceedings in the Star- cJiamber againfi the Duke to be taken off the File, p. ^38. Ar;d caufeth the Commifionfor Excife to be cancelled, p. 640. A Remon- jirance to him concerning Tonnage and Poundage, ibid. The King ends the Sef^ion of Parliament, p. 643. A Partictdar of fuch Laws as he paffed that Scfion of Parliament, p. ^44. S»ppre(jes Dr Manwa- ring'i Sermon hy Proclamation, p. 64 J. Grants a Commif^ien to com- pound with Recufants, ibid. His Proclamation againfi the Bijlwp of Calcedon, ibid. Sends Romffh i'r/>/?5roWisbitch, p. 546. Ad- vances Sir Rich. Wefton to be xn^^Typ^furer, Bi/hop Laud t^ the Bijhoprick of London, and Mon- tague to a Bijhoprtck, ibid. Pardons Montague 4w54'558, (559,560,563. Cook Mr. p. 218,222,229 Cook 5/> Edward, p. 201, 497,505 > C508, 526, 529, 538, 543, (564,615,627. Coxmon Mr. p, 660 Coronation, p, 203,204 Cottington iVfr. p.9,i3, 18,76,122 Cotton Sir Robert, p.20, 47 1 Covenxry Sir Thomas made Lord Keeper, p. 202. His Speeches in Parliament, p. io itO-' ,) ) ) , (5<57,59i. 59^. ^^3- Triv-^ Council nevo ftvorn, p. 169. They ivrite te Dalbeir about difpo- fmg the German Horfe, p. 648. CtdwelMr. 502. Crew Sir Randolf dijplaced about the Loan, p. 4^4- Crew 5/r Thomas, p. 55,117,149, 150. Again made Speaker, p,i76. Cromwel Oliver againft the Bifhop of Winchefter, p. 667. Cromwel Lord, p. I99. Crosby Sir Piercy, Lands mith Sup- fly of men, p. 467- D. DArnel Sir Thomas about Habe- as Corpus, p. 462. Davenport Serjeant Argument, App . (p. 27. Dawes Mr his An{mr about Cufloms, p. 66S, Decimation projected, 5 Car. App. (p. 14. Denmark King hii Declaration, p. 421. His Battel, ibid. His over- throw, p. 422. Digby Sir John hii difcour(e be- tjvixt the Duke of Lerma , about a Match with Spain , p. 1 . His advice to the King in that mat- ter, p. 2 . Is authorised to treat and conclude the Match, p. 3. Prefents the frfl draught of Articles, p. 4. Sent Ambaffador into Flanders , p. 23. The fubflance of his Am- ba^ie to the EmperOr, and Duke of Bavaria, p. 3 7. Gives an account in Parliament, p.39. Made Earl of Briftol, p.67,68. A Lctterto him from the Kin^, p. 68. Gives the King hope of a Match, p.6g. Hath a Proxy delivered to him by the Prince to confummate the Marriage, p. 103. Receives alfo private in- firuBions not to put it in Execution, p. 104. Labors to fatis fie the Prince B to recalhis infiru^ ions, but in vain, p. 105. H^ W5/r Walter Afton again attempt it, but in vain, p. 106. Briftol fends his Apology to A. James /or demurring upon the netvinftruliions, p. in. Hath a tender of large offers from the K. o/Spain, p. 113. P rot efts again (I C the Dukes Narration in Parliament, p. 149. A Letter from the Lord Conway to him, p. 238. His an- fwer to the Lord Conwzy, p. 239. His Petition for a Writ of Si/m- mons, p.2/^o. The Kings Letter to ^/w,p.24i . He Petitions the Lords again about his Writ of Snmynons, D ibid. And de fires to be heard in the Accufation of the Duke, ibid. Sends a Copy of the Lord Keepers Letter, p. 242. With his Anfwer thereto, p. 243. A Meffage from the King concerning him,ibid. He is brought to the Bar, p. 252. Articles pre- f erred againfi him by the Kings Command,p.2')^. His expreftons at the time of his accufation, p. 258. His Sfeech at the delivery of the Articles again(l the Duke , p. 259. Articles exhibited by him again (I the Duke, p . 2 66. yl-fd alfo againfi the Lord Con\yay, p. 268. A Me([age from tk King againft Briftol, p. 27c. Reasons rvhy he Jhouldonely be tried in the Hoitfe of Peers, p. 271. fudges opinions concerning that f Articular, p. 272. His Speech by way of IntrodtiBion _^ before \. INDEX. B D heforeheguve in his Anfrver tothe^.Ghnv'de Serjeant^ p. 313, 318, ^ja Articles, p.zj^.ij^^c^c. His An- Glynn Mr. Recorder, Ap. 56.57 (wcr to the Articles, p.278, 279, Gundamory?rf«w /C/'w^ James, p.3. i&c. The Treaty on the Spaniards behalf. Dudley ^/VDiggs, p.55, 30^,307, (-360,364, 3^5.454,533, (544,554-^14. Doncafter Vi[count fent Amba([ador, rp.i?;i3.22. ummmom Mr. 'p.i^7. E. EArl Sir Walter upon a Habeas Corpus p. 4^2. Edmonds Sir Thomas p. 660. ElcElor vide Palatinate. ElUot 5/> John p. 224, 357, (360,366, 433, 529,532, (561, 563, 544, 554. '^n- (65o, 669. Information a- ( gain si him in the Upper (Bench, p. 693, 6p6, 6^7, {&c. Emperor vide the Palatinate. EdexEarl p. 200. F. ibid. Contrives Sir Walter Raw leighs death, p. 4, 16, 18, 20. AffatdteA in London Streets, p,34, A Letter to him to expedite the Match, p.69>[eeii^,izz Gorge Sir Ferdinando, p. 180 Germany vide Palatinate. H. F Air fax Captain, p.i^, A Monti- ment creEled at Frandendale in memory of him , and Mr. John Fairfax his Brother, both (lain in the defence thereof P . 1 5 5 Felton vifitedin prifon, andconfejjes the Fa[{,p.6')Q. His examination before the Cottncil, ibid, threat ned toberackt, ibid. Tryed, p. 652. Tendereth his hand tobccfttejf, ib. Hung in Chains P. ^ 5 3 ■ Finch Sir Hennage Speaker, p. 208, 1401 Finch ^/r John Speaker, p.484, 561 Fleetwood i'/V Miles p.5<5i France about a Treaty of Marriage, (v. 156, 114. A Marriage (//;frc,p.i 72,173. Difference (w;/-' France p.428 G. /'"XAge Mr, fent tol^ome, p. 23, Vj' ' {66, 121 rjabeas Corpus Debates and Ar- •'--'■ guments, p. 462, 463, &c. Alfo vide Parliament quarto Car, and Appendix. Hackvvel Afr. p. 507, 528, 5^8 Hnj/rmn ,9/V Peter p 528 Heath J/> Robert, ^.■ux6,66'j',6%9. „ „ . , p. 424 I. IamesKingof Scotland affe^s the Title of Peace- Maker, p. i. T)e- fires to Match Prince Charls with fomergeat Princefs, though of diffe- rent Religion, ibid, and 50, In- clines to a Match with Spain, p. 2. Flattered by Gundamor, p. 3. De^ livers np the cautionary Towns, ibid. Gives a Commifion to Dig- by to Treat on a Marriages, ibid. Receives Articles about Rc/igion out <)/ Spain, p.4. Ivfploycs ^7rWal«, ter 1 INDEX. ter Rawleigh upon a defif^n into America, p.4,5. Too creduloti^ of the Spaniard, p. 8. A Letter jew- ing ffpon what account the King trave ivay to the beheading of Sir Walter Rawleigh , p. 9. Sends yijcount Doncaftcr Jmhajfador, p. 11,13. His advice craved by the Count Pihtine, p.12. Hedif- likes the Palatines acceptance of the Crown, p. 13 4. 14 b. 16 a. Goes to war with one Regiment to afift the Palatines^p. 1 4. Receives news of the defeat given the Pala- tine At Prague p. 1 7. Raifes money (hj advice of Privy Council} ibid. Flattered again by the Spaniard , p. 18. The Spaniards (ecret In- (IruBions in reference to the King, ibid. He calls a P/iyl>-*»"»*^i p- ^°- Forhidi diftourfe of State affairs , p.2 1 . //Af Speech te the Parliament, ibid. Sends Dighy Ambaffador in- to Flanders , p. 25. His fecond Speech in Parliament about Pro- ]eitors, p. 24. Speaks on behalf of the Duke, p.2 6,2j. Sends a Mef- fageagainfl Sir Henry Yelverton, p. 33 ^. Intends to adjourn the Parliament, p. 35. The Commons Declaration about the Palatinate before the adjournment, p. 3 6. Re- forms grievances by Proclamation, ibid. Again forbids (peaking of State A fairs, [hid. Gives the Great Seal to Dean WiWyims, ibid, Re- afjembles the Parliament , p. 39, Jn his abfence the Lord Keeper fpeakSfibid. Istryedwith a Peti- tion and Remonflrance from the Commons , p. 40, Writes to the Speaker, V.^^. Answers the Pet i- f/tf«, p.46,47. His Anfwcr quali- fied by the L ord Keep fr, p . 5 2 . The Commons Proteflation,^.')^. The King tears it out of the 'journal, ibid. Commits fome Members of Parliament^ P.55. Imfloyes others to Ireland, ibid. Again forbids fpeaking of State A fairs, ibid. Of- fers terms to the Emperor on behalf of the Palatinate, ibid. Receives anAnfwerfromthe Emperor,^.') 6. Writes to Philip the Fourth to acce- lerate the Match,^.')'] . AlfotoDon Balthazar, p. 59. Writes for the raifing of moneys, p.6i. oppofes the Arminian Sect, p. 62. Shews favor to Recufants, ibid. Lord Keeper excufes the Kings favor to Recufants, p. 63. Writes to the Archbtjliop about regulating the clergy^ p.^4. Gives direction con- cerning Preachers, ibid. New con- ditions demanded of him by the Pepe^ p. 66. His Jnfwer to thofe demands, p,6j. His Letter to Dig- by, p. 68. Sends him a difpatch in A peremptory flile concerning Heidelburgh , p. 70. Signs the Popes demands, p,7 3 . Writes again to Briftol concerning the Palati- n.ite^ p. 7.1. Sends the Prince into Spain, p.76. Archhi(lwp Abbots Letter to the King againjl Toliera- tionef Popery , p. 85. Articles of Marriage fworn to by him^ p. 86. The Oathtakenbyhim, p. 88. He fwears alfo to private Articles,^. SS, 89. Pope Urban writes to King James, p.9 5 . After the Princes a- rival, fends t9 Briftol not to deliver the Proxy without reflitation of the Palatinate, p.105. And writes to the Palatine to make his fubmifion to the Emperor^ i^.ioS. ThePah- tines Anfwer, p. lop. Seeks a match with ¥xmce^ p. iin^. Calls a Parliament about the Treaty with Spain, p. 115. Makes a Speech, ibid. Alfo amthcr Speech in puri- fication of the Duke, p. 127. He makes a third fpeech unto them con- cerning their advice to break off the Match, p. 1 29. De fires he may not have a Furrow of Land left without ReflitutioH of the Palatinate , p. 130. Scruples at the mrdin- fincerity of the King of Sp:iin, p. 1 3 6. Declares his rcfolution to d/f- folve the Treaties , p . 1 3 8 . Accepts Subftdies^ and makes another Speech tothe Parliament^ ibid, offers to go to war in his own per fort, p. 13P. Is troubled at a Petition againfi Recufants, p. 140. That he hath broke B D INDEX. B D hoke the neck of three Parliaments, ibid. His Anjmr to that Petition^ p. 145. Receives ittforfVAtion con- cerning the Duke, p, 144. His Speech at the adjotirnrxcnt of the Parliament, p. 150. A Particular ofivhat Lam he then paffed, p, 1 5 i . Deftres a Match with France, p. 156. which he concludes, ibid. And the Articles are fvornunto^ ib. He gives a Cotnmifion and Oath to CflK»f MansHeld, p. 158. HeMes of A Fever^ p. 159. His Cha- ra^er, p. 15:9,160, 161. ^c. His Letter to Pope Clement, p. (165 Jermyn 5/>Thomas, p. 629 •^efftites, 22, a. 143,150. Lettenon- ccrning the Parliament, p. 479, (646 ^Hd^es Opinions, p. ^7^>^^h 5^7' (696 K. KEeperLord, vide-( Coventry. (Williams. KeiiCmn,ton Lord fent into Vxmce in order to a Match, p. I14 Ktng Charls vide Charls. King James v;dc James. Knighthood, p.203 Knightly Captain, p. 1 5 Knolls Sir Robert, ibid. L. LAmb Dr. killed b-j A timuU in London Streets, p. ^3° Lamb 5/r John, p.4|o Laud Dr. p, 61,62, 159, 171, 202, 426, 443, 4A4,466, 650,646, 647, 649, Lihtls cajl abroad againfl him, p. 672 Lenthai Mr. p. 7°^ LittletonATr. p.T34.Ap. 28 Loan Money, p. 419, 422, 424, 426 A Lift of the Gentry- imprijon- ed aboKt Lean Money, p. 432, ('477 London City required to lend One hun- dred thoufana pounds , p. 419. Thej dtfpute it, ibid. A Letter to them about DrLzmh , ' P. ^30. Long Mr. brought upon a Habeas Corpus, P.67J. HisCtfeinSut- chamber, p. 694. Ap, 1 8 Lufcenar Mr Chriftopiier, p. 6^9 M. MAinheltn U%en^ p. 70 MalloryiV/r. p. 5 5 Maniel Sir Robert [ent againft Algier, p. 34 MansfieW Count raifes an Army of Twelve thoujand men, p. 156. A Lisi of feme of his Regiments, p. I J 7. Their mi [carriage at Sea, p. 158 Manvvaring Dr, his two Sermons con- cerning the Loan, p. 427. Mr Rous Speech again (I him, p. 593. The Commons Declaration againft him, ' p. 601. MrVms Speech thereup- on, p. 604. The Sentence againft him, p.6 1 2 . His fi/bmifion.p.6i 3 . His Sermon fuppreffcd hy Procla- mation, ^.Sj^'), Pardoned,^. 6^7. Andadvanced, Mafon Mr. p. 570. App. 20, 44, ! (45 Martyn S/> Henry, p.j 27,585,600, (629 Matthew Sir Toby, p.103 May Sir Humphry, p. 546 MeJvyn Mr^ p. 6^9 Michael Sir Francis fentenced. p. (28 Mompefon Sir Giles imprifoned, p. 24. Sentenced, p. 27,28. Morgan Sir Charls, p. 42 5 ,649 Morton 5/> Albertus, p. 169 Montague, p. 177, 180, 181, 202, 213. Advanced to a Bifhoprick, and his Apello Cjefarem called in, p. 646. Pardoned, p. 647 MuneyJ«/r. p. 441,442 C\) N. IN D EX. N. NEal Br. Bifhop of Winchefler, p. 630 Netherlands appear ready to imbrace the antient union with England , p. no. Six thoufand Englijlfent thither., P. 4^ J Nobility, p. 257 Noy Mr. upon d Habeas Corpus, p. 463, 569, 642. Concerning Tonnage and Poundage, ^.666, A- boftt Ctt[loms,!p,66B. i' ' O o. .ivares Cohde his\Letter con- cerning the Match, P- 7 ^ 5 7 ^ , (84, 103,113, 120 PAlatinate? A War breaks forth i;8 Germany, p. 5. The Empe- ■•:. ror adopts Fetdinando to be. King, .7 p. 6. TheE'vangelicks A^femble at Prague, ibid. The frji occafion of the troubles in BoheTnia,abid. The 'f Evangelicks offer violence to the . ■' Emperors Council, p. 7. And put ~ '. forth a Decimation, ibid. The Em- peror publi flies .^^m^'eHo in con- )' tradition there^^Hm. Both par- j ties arm, p. 8. A BlMmg S.tar ap- pears, ibid. TheEmf^orMsitthi- as dies, p. 1 1 . A Gelation ef Arms .'. prepofed, ibid. Ki>}g James fend an Amhaffador, ibid. The Evan- gelicks oppofe the chuftng of Ferdi- nando to be King, ibid. JBethlem Gabor joyns with the Evangelicks, p. 12. The Palatine craves King James his advice, ibid. Accepts the Crown before he receives an An- fwcr, ibid. King James diflikes the ait ion, p. 1 3 . The King ef Po- land aids the Emperor, ibid. 7h; Palatine pro{cribed, p. 14, King James apfls the Palatine with one Regiment., ibid. The Evangelicks chufe a Generaliflimo, ibid. King ' James diflikes the War., ibid. An Army of thirty thottfand raifed un- der Spinola,ibid. Marches towards Bohemia therewith , p. i ^. The . Proteflants difcouraged upon the approach of the Army^ ibid. The Elecior of Saxony executes the Ban againft the Palatine, ibid. The Battel at Prague, p. 17. An ■ Order of the King and Council to recover the Palatinate, ibid. The B Princes of the Union decline the Palatine,p.2 1 . Palatine propounds a Peace, ibid. Protcflant Towns re- conciled to the Emperor , p. 23. The Emperor proceeds to execution of divers Prolefl.ints, p. 34. The Emperors reply to the Lord Digbies dem.inds^ P . 3 7 . T^he Duke ef Ba- 1 ^ viries anfwer, ibid. The Emperors' anfwer to Don Balthazar, p. 38. The Pihtine fpoiled of his Heredi- tary Dominions,'^. 5 5 . King James offers terms on the Palatines behalf., and the Emperors anfwer, p. 56. An Order of the Council to raife moneys for the P.d.-ttinate , p. 60. -t) Heii:x\bmgh. be fieged, p.66. And taken, p. 6p, Manheim taken, p. 70. No good intention in the Em- peror, nor King t?/" Spain, as to the Palatinate, p, 70, 71. Fran- Jsendale blocked up , p. 74. The Ele&orate conferred upon the Duke <)/ Bivaria, ibid.* The Proteflant Princes Plea for the Palatine , p. j 74, 75, Sir Dudley Carlton concerning the Palatine, p. 76. [ The Palatine labors to engage Prince Charls again fl the marri-\ age with Spain, p. 102, King\ James puts the Palatine in hopel by a Propofdl of new terms , p. I p 108. King James demands the \ Town of Franktndale , depoftted in the Arch-Dutchef^ hands , p. 155. A Monument erected for two Brothers , [ Fairfaxes J flam at INDEX. 4/Frankendale , ibid. An Army under Count Mansfield, raifedfor the relief of the Palatinate, p. 156. A Lift of the Regiments /<)r ^/'^ Palatinate, p. 157. The Mjfcarriage of the Armj } pag. 1)8. The Parliament meets , p. 20. Adjourn^d^^.^^. Their Declara- tion on behalf of the Palatinate , p. 36. Meet again^ p. 39. Their Petition and Remon(lran<^ to the King, p. 40, 41, (^c. King of- fended thereat ^ P-4»3. The) not- p nithftanding [end the Petition , p. 44. A fccond Parliament meets^ P.ii5. Sir IhomdiS CxQW chofen Speaker, p. 117. Thc) juftife the Duke in his Narrative, p. 126, And adi'if* *^^ -"^'"s "'* *' proceed in the trvo Treaties of the Marriage , and the Palatinate , p. 128. Give the King three Subfidtes and three Fifteens, p. A Parliament called again , p. 175. Kings Speech in Parlia- ment , ibid. The Lord Keepers Speech, p. 176. 5/> Thomas r\ Crew chofen Speaker, ibid. Two Suhfidies granted, p. 178. Parlia- ment adjourned to Oxford , ibid. where tney infifl ufon grievances, p. 180. And again quejlion Mon- tague, ibid. Are moved by the King to haflen Supply , p. 181. Prefent a Petition to the King a- gainjl Recufants , p. 185. And fall Ufon grievances, p. 194, 195. They are diffolved, Y>. 195. A par- ticular of rvhat Acts paffed the Firfl Sefion of this Parliament , ibid. A [econd Parliament meets, p.'>o6. Lord Keepers Speech, p. 206, 207 Sir Hennage Finch chofen Speaker, p.2 08. His Speech, ibid. They faU upgn grievances , p. 211. And again fall upon Montague, p.2 13. A Report of the caufe of Evils and Remedies , p. 2 1 8. Several Me(f'ages from the King, p. 219, 220. 'Do^or Turners ^eries in Parliament, p. 221. His Explanation,}p. 222. His Letter, p.223. Caufes of grie- vances again opened in the Houfe, p. 223,224. Three Sub ft dies and three Fifteens Voted, ^p. 225. De- bate concerning the Duke re fumed, ibid. The Kings and Lord Keepers Speech concerning him, p. 225, 226. A Lift of the Moneys dif- burfed for the War delivered to the Commons, p. 23^, The Commons prefent a Remonffrance to the King, p. 247. And fend a Meffage to the Duke, p.251. Afterrvards pre- fer an Impeachment againfl him, p. 307. Managed at a Conference by Eight Members , p. 306, 307, 308, ^c. Their Mefjage to fecure *'" pake, p. 361. Dijcontented at the Comi„.,^i,ni />f .^'V John Elliot, p.362. Their Proteftation concerning him, and Sir Dudley I^iggs,P.364,3^5. Agreatcon- tefl in ths Houfe of Peers, concern- ing the imprifonment of the Earl of Arundel, p. 367, 368, c^^. The Commons diffatisfied that the Duke is chofen Chancellor of Cam- bridge, p. 3 7 6, 377. The Lords Petition to the King to flay the dif- folving of the Parliament, p. 40 2 . A Commifion to diffolve the Par- liament, p. 403. The Commons Remonjlrance, p. 404, 405, ^c. The Kings Declaration again ft the Commons Remonflrance , Appen- dix p. I. 9A Speech to the Parlia- ^^j^lhout aoors, p. 485. A CimJ^ommittee jetted , p. 494. ^ Wates in Parliament, as to grie- vances, ip,/[96. The Parliament Debates the bufinef of the Habeas Corpus, p. 502. Arguments a- beut it, p. 503, 504, &c. 4 Conference ahont the Petition of Right, p. 533. Their Petition about the Billeting of Soldiers, p. 548. Archbi(J)op Abbot his Speech concerning theVciiuon of Right, p.55i. Propo fit ions tendered by tht ^ Lords inftead of the Petition ofl (** 2) Rioht,! 16 Jac. i6i8. I Car. 1625. INDEX. Ri£;hc. p. 553. The Commons'^ ^i(jatisfieJ with the Propofitiom, p. 554. Thej meet the^io of Jinn- ary, p. 655. Make enquiry about the Petition of Right, and the vio- htion thereof ibid. A Report from the Committee concerning Religi on,f.6')S, The Vow oftheHoufe of Commons, ^.666. Several de- bates about Tonnage and Poundage, ib. The King commands the Speaker not to put the ^eftion,f.6'jo. De- bates thereupon, ibid. The Speaker held in the Chair, h. The King fends theUfher of the Black-Rod, and he is not admitted, ibid. The King grants Warrants to apprehend fe- •veral Members of Parliament^ p. 671. His Speech at the d/jjolution ef the Parliament, p. -672. Mem- bers of Parliament are fv—'"-'^ hcforc tU s^^^ "f the Council, ibid, ^eftions propounded by the ^•ttdges concerning the imprifoned Members. ibid. Paul ^/r George, p. 244 ■Pembroke Early p. ^ ^ 7 Pennington Captain, p. 179, 334' (335 Perrot 5/> James, , p. 55 Ptyllips 5/r Robert,- p. 55,498,505, (543,5595655 Plague increafeih in Londop, p. 175 Number of them who died Anno 1625. Popes afjent to the Match, p. 66. His Letter to the Duke of Bucking- ham, p. 80. His Difpenfation comes clogged, p. S^. Pope Urban to King j ames, p. 93 ,. " iJ^ . 4. And is Sacrificed to fat is fe Spain, p. 9, A Letter ceaceming him, ibid. Romij]] Rccufants Immunities granted to them, p. 14. The King jollicfted far favor tothem, p. 36, 37. A Peti- fivrt uriU iicrr,ur,fl,ance ogainft them, p. 40,41 . The Kings Anfvc, thpre- unto, p. 46. The King fhews fur- ther favor to them, p. 52. Exca- fed, p. 53. Articles in favor of them, p. 8p. Pope Urbans Letter en behalf of the Romifl) Religi- on, p. 95, 98. They promote the Match with Spain, p. 102, 103, Xf»^ James his Letter concerning a Petition again fi them, p. 140. The Petition it felf, p, 141. The Kings Anfwer to the Petition, p. 143. Recufa-nts taken at Clerkcn- well, p. 478. A Conference a- gain ft them, p. 510. Debates in Parliament again ft them, and Prirfts arraigned at '^QWgate. p. 668. Khee I [land, p.431, ^66. Several Parages there, p.467,468,4<59. Richardfon 5ir Thomas, p. 23. Richard -J/r Nathaniel, p. 55, 361, • (614 Rochel, p. 178,411,430, 457,'Ci'4, -^V- ■ (595^6^/' 648 Rolls Merchant, p.6> ^,66') ^666 Rous Mr. p. 593, nis Speech con- cerning Religion, ?• 65 7« Rudyard i'/V" Benjamin, p. 497, (557.629 S. B D INDEX. B D S....^;.-. SAckvile Sir Edward, p. 1 5, ScBmtS p. 2 2 4. Seldeni»/r. p. 55, 314, 528, f53^' 569,615,631,640. (Brought upon a Habeas (Corpus p,689, 6p2. Seymor Sir Francis p. 495. Sherborne Mr. Sherland jv/4i?fr p, 345, 346, {&c. sheriffs Oath excepted againft , pag, (201. Ship Vantguard employed against Rochel, p. 178. ships to he fit out Inf P/h-*- TAmve. pog. ^ (4IP. Shipi Arrears for Fraight , pag. 470. Sibthorp Dr. complains againft the Puritans, p. 424. His Sermon con- cerning Loan, p.425. See 440, (448. Smith Richard, Bijhof of Calcedon, fent into England , p. 1 5 8, 1 5 9, (645. Soveraign Power ^ p. JO'*. 5^7, (568,569,570, 571,572, (573' C^^. Spain vide Digby. CCrewS/r Thomas. Speaker vide ^ Finch ^/r Hennage. C Fmch Sir John, Spinola p. 14,15. Stafford Captain, p. 1 5 . Stat Blazing appears, p. 8. Opinion thereupon ibid. Star-Chamber Information againft Members of Parliament, p. 675. Order there concerning the Duke, p.638. Stroud Mr. brought upon a Habeas Corpus p. 675. Appendix, (p. 18. T. T£rm adjourned to Reading (p. 201 Turner Dr. A Phjfitian his ^cries ibi-d. His explanation, p. 222 (226 V. VAlentine Mr. his Cafe, Ap- (pend. 49 Vaffal Mr, his Goods (eifcd on about Cujlom,^.6$3. Proceeded againft in Star-Chamber, ibid. His plea to the Information , ibid. Fotes for Reparation , Appendix 56, .r c- ^57 Vere Sir Hoi«io, p. 14,15,40. Villers 5/> Edward, p. 23. Undertakers ibid. W. \7\T Alter 5/r William. pag. Wandesford i»^r. p. 356, 546, r6i5. Warwick Earl fent to [ecftre Langor- point p. ip9. Wentworth Sir Thomas p.496, (5^7. 1^9, 544, 560, (568. Wefton 5/> Richard, p.12/. 23, (56, 66,129, 219. (Made Lord Treafurer, (p.646. Williams Dr. Srvorn Keeper of the Great Seal, p. 36, 39, 52. £x- cufes the Kings favor to Recufants, p. 61, 62, 61, 151, 164, 176. Refufes to proceed againft the Puri- tans, Tp./^2/\. A Pafjage of the in- formationin Star-Chamber againft him, p.425. Wilmot Captain, p. 1 5 Wimbleton Tz/f*?*;;/, p. 198 INDEX. y. King James again offended with him,p,^^. fits Sentence and Reftaurdtififf, p. 34, Z. YElverton Sir Henry aceufed iy> the Commons, pag. 31, His\ Speech thereupon , ibid. At which King James is offended, T y Uinga Don Balthazar ," pag, p. 32. His particular Anftver . JL^ (38,59, in Serie Temporis, ibidem.' A B FINIS. are A Catalogue of fuch Books as Printed for, and fold by Mr. George Thoma^ fon at the Rofe and Crown in St. T^auls Church-yard. B D Anfli Johannu Chryfojlomi] iipoii GrsieoHo volurninibui Eton£. Folio. I Vurchiu his Pilgrimage or Relations of the World, and ' the Religions ohferved in I all ages and places difcover-] ed, from the Creation unto IN Epijlolof etiam Ignatio perperim adfcriptm Annntathna Jncoii Vjferii Armachani. Quarto. KAHMEN'TOS n 1' O 2 KOIMN0IO-fS Er ISTOAH ni'OTH : clmemii ad Corin- thios Epiflola Pyifir. Patritiifi Junim ex late- yi( ReliquiU vetuflijjimi examplarif Bibliothec£ Reiis^eru'n. Qiiarto. thisprefcnt; containing a Theological and rarrfc.M his Pilgrim Micr')cofmui, or theHittoiy Geographical Hirtory of Afia, Africa , and /irmrica, witii tlie lllands ad;aoent,2irc. By Samuel PuYcbas. Folio. tiakluyiHf Pofthumui, or Purchat his Pilgrimes, containing a Hittory of the Woild, in Sea Voyages, and Land Travels by Englifhmen and others. By Samuel Purchas, in Kour Vo- lumes, Folio. The Hiftory of the Parliament of England, which began November the Third, i6^o. with a fhort and necefTary view of fome pre- cedent years. By Thomat May Efq; Folio. The Text of the New Teftament of Jefnt Chrift, Tranfiitcd out of the Vulgar Latine by thePapills of the Traiterous Seminary of of Man, relating the wonders of his Genera tion. Vanities in his Degeneration, necertity of his Regeneration i meditated on the words of David, Pfal. 59. 5. By Samuel Purchas. Oftavo Saint Augufline his Enchyridion to Laurence, or thechcif and pi incipal Heads of allChiiftian Religion, ii.c (^ de bii qui funr ei neceffaria adcognof- cendumTJeum fy feipfum, <(^ omne dcbitum ad quad homo tenetur {fobligatur tarn Deo quam proximo. Aulborc Raymundo de Sabunde, 0(3»- vo. Rhemes. Whereunto is added the Tranfla-, fieier/ri Spanhemii Epijlyla ad Nobilijjimum ' .. rtf »r..a r,..'.n'in.>1 nt'fl*.l^ .-r»mr«^nlirl l'':....™ T\^..:J D... 1.^.1 «. A-^..., . tion out of the Original Greek, commonly u"ed in the Church of Engl.wd, ifyrc. By I IV. Fulke, n. D. and fometimes Mader of, Pcmhrol^eHiiU in Cambridge. Folio. The Hiftory of the Reformation of the Church o[ ScetUnd, containing Five Books, together with fiime Ti'tatires conducing tofheHiflory. By John Knnx. Folio. Two Trcatifes : In the one of wiiich, the Na- ture of Bodies; in the other, the Nature of Mans Soul is looked into. In way ofdifco- veryof the ImmortalityofReafonaljle Souls. By Sir Kenelme Dii'}y. Folia. Virum Davidem Buchaiuinum, fufer controver flit quibufditm qus in EcclefiH Anglicanif agi- tantur. Oftavo. The Works of Edvc.trd Reynolds, D. D. contain- ing three Treatifes, of the Vanity of the Crea- ture, Sinfulnefs of Sin, the Life of Chiifl. An Explication of Pfal. C X. Meditations on the Sacrament of the Lords Supper. An F:x- plication of the Fourteenth Chapter afz/b/eif. A Treatife of the I'afTions and Faculties of the Soul. Collcrted in Folio. Divers Sermons Preached upon fcveral occaftons by Edward Reynolds, D. D. Qiiarto. Hiftoire de /Vniif de la Keync Mere du Roytres' A Treatife touching the Peace of thcChurch, Chicjlicn dans lei Provinces Zhies del pjyt bai < or an ApoQolical Rule how to judge aright avec des Figures. I.'illoirede Fentre de la Rcync in diflfcrcnccs wlWch concern Religion. Pub- Mere du Roy tres ("hreftiendans la Grande Bri\ lifhcd by Authority. Qiiarto, taigne avec des Figures par le Sieur de la Serre,^ A Treatife of life and Cuftome. By Mer, Caufa- Hijloriographe. Folio. j hon. D.D. Quarto, Ad Sereniffimum Jacobum primum Britanniarum Dem, Natura,Gratia ; five traHatus de Prsdefli- Monarcham,E.cclefis Scoticanx libeltut fupplex, natione, de meritU fy pcccatorum Rcmiffione, Authorejacobo Melvino. 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