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J
PARLIAMENTAR
O R CONSTITUTIONAL
Hiftoryof England]
Being 2.
FAITHFUL ACCOUNT
Of all the
Mofl remarkable Transaction
In PaRLI AMEN T,
From the carlieft Times,
TO TH E
Reftoration of King Charles II,
COLLECTED From die Journals of both Houses, the Records, original Manuscripts, fcarce Speeches, and Tracts; all compared with the feveral Cocem- porary Writers, and connedtcd, throughout, with the Hiftory of the Times.
By Several Hands.
Vol. V. fl
From the Acccfiion of King James I. to the Twcnty-firfl Year of his Reign,
LONDON, Printed •, and fold by Thomas OJhorne^ in Grafs h
AND
WdUam Unih;^^ againft St.I>mftan^jCburch,Fkit-fintS, MDCCLL
i-X^vj
\
Parliamentarv history
*
O F '
ENGLAND,
F T H R the Death of the IaftTheAc«i!iooof Queen, Jam£i ting of S«(/^3ffi/, *^S Jwaej I. the Sixth of that Name, fucceeded to the EngHjh Crown. In this Prince did ccuter all the Hereditary Titles th-.u were ever made to that Diadem i and* it is obfervabte that this Claim was contrary lo an Ad of Parhament, which im- powcr'd King //i?«r)' VIII. in Failure of all his own Ifluc, to fettle the Crown on whom he pleafed by his laft Will {a). In I'urfuancc of which he be- queathed it to the Iflue of his younger Sifter Maryy the French Queen, afrerwards married to Charles Brandm, Dukeof 5ft^/i. Q^t^n E}iz,obeth might therefore have fixed the SuccelTion, no Doubt, exclufivc of tlie Stouh Line; but (he waa too nift a Princeft to do, or fuffcr it to be done: Nor did the Suffolk Family ever think fit to makeany Siir about their Claim. Indeed, it would have given a much deeper ^tain to ibe greateft Vol, V. A Blc-
(•} Set Vol. ]. p. 19(.
a 7he Parliamentary HisTOUt
An. I. j*m« I. Blemifli of the late Reign ; not only to deftroy the 1603. Mother, but difinherit her whole Pofterity. On
the contrary, by her dying Words, (he left her Kingdom to her neareft Kinfman James ; and, on her Demife, be was immediately pro- claim'd King of England, Scotiand, isfc. with the ulual Ceremonies*
The new King made his Progrcfe from one Ca- pital to the other, with all convenient Expedition ; and, on the 25th of Jufy, St. Jamefs Day, Jnna 1603, this King and his Queen, yfnne of Denmariy were crowned at Wejiminflery with great Solemnity.
To leflen the jfoy that might then be felt by both the ScGtch and Englijh Nations on this happy Union, a dreadful Plague broke out in London this Year; which, in a fliort Space, carried off from that City and its Confines, above Thirty Thou- fand People. This inteflious Diftemper prevented the King and Council in their Intentions of calling a Parliament, To foon as it was ufual on a new Ac- ceflion ; and, it was not till the Beginning of the next Year that the Writs were fent out for fum- moning one to meet at TVifiminJler^ on the igih of March, Hill in the firft Year of this Retga. But, at the fame Time, a Proclamation came out, containingfomelnjunftionsforEleftingMembersin the Houfeof Commons, which though unufual, pre- fcribps a Method, which we think not unworthy of being followed in this, orany fucceeding Parliament.
Mr. Rapin tells us, (b) That this King openly avowed, * That the Privileges of this Nation and Parliament were fo many Ufurpations, or at belt, but revocable Conceflions of the Crown j and that he h:id formed a Defign, to free both himfelf and Succellur?, from the Reftraint which the Laws, Cuitoms and Privileges of the EngKJh Nation had lai 1 upon his Pretleceil'ors. In the firft Parliament he calh^d, he talccfi upon him to preteribe what Sort of iViembcrs (hould be elefted, both in the Writs and in t!ie Proclamation ; not by way of Exhor- tation, as fortner Kings had done, but by way of
Com-
{b) Rafin'a Hift. of Ea^iaiiJ, Vol. IL p. 163. FoL Edit,
,.,-,, i^a>Af^
I. hmi
Command, and as Conditions without which they ^n. i. jimw l fliould not be admitted into the Houfc'
The Whole of this Aflertion is borrowed from a Work entitled, A Dete£im of ik Court and Stale ef England, during the Jour left Reigns and the Tnter-Regnum, by Rsg£r Cokc^ Efq; [c] This Author goes further than even Rapin thinks fit lo copy; for he boldly tells us, ' That there never Tvas fuch a Prelude to the Meeting of a Parliament, by any of the Kings of England^ either of Saxm^ Danij}}^ Ncrman^ or Britijb Race.* Tliefc Parlia- mentary Enquiries do prove this to be falfe; by feveral Inftanccs of Inftruftions, for inflaencing Elections before this Time, much more open than ihb before us. Particularly, fo late as the Reign of King Edward VI. when, befides Inftruflions for chafing a new Parliament, the King fcnt Let- ters to the Sheriffr, and a^ually named the very Men they were to eteft (d).
To pro« Cffjf/a Aflertion, that Author hath given us a Oiort Ahflrait, from a long Proclama- tion for calling this Parliament; but, how unfairly quoted, will beil be fcen by publifhing the Whole of it from the CoIIe^hn of Public A^s. From whence, it will plainly appear to every impartial Reader, that it contains nothing but wholfome Admonitions to the People of England, to eleft fuch Members as were moft likely to fcrvc theni. It is wel! known that one Paragraph pick'd out of a Book, or other Wiiring, may be much prevari- cated; like feveral Texts ot Scripture, which, without the Context, miy he turned into Blafphe- my. But, we fubmit the whole to the Reader's Judgment, in if* own I.anguage and Orthogra- I^y ; obfcrving that the Pan Cole and Rapi/i only make ufe of, is particularly marked in fralirsy lo fliew the Integrity of thofc Hiftorians,
m
A 2
Tht
[t) Three Voli. Svo. I.« Voi, iCr4. Vol, I. ji. 34. (d) Sk lh« Lmcn Mandntory of Eixeeri Vi. and ^UfJ, In «ur Thifd Vol. p. 2(5, And 3 11 .
The fCing'sPro-
WEE have before this Tyme made * known to our Subjefls uppondy vers Ot.calions, that we have received fo great Con- tentment in their generail Conformity and Sub- ' million to all lUch Courfes as might bell eftablifh ' the PoUclBon of ihis Ctowne, according to the
* Right of our Succeffiont a5 it would ever nou^ ' rifh in as an earnelt Dcfire to (hew our felves ' carefirll in ali Thir^ to preferve their greateft ' Affection and to anfwere that Expedlation, ' which by their joyfuU Maner of Receaving Us ' Wee pcrceave they had conceaved of our Go-
* vernment» whereof as We well knowe that
* Princes cannot yietd more generail more cleare ' or profiiiiblc Proof to their People, then by re-
* drcfliiig Abufes wherewith they fynde iheir Sub- " jeiJIs juftlie giieved, either in Conftitulion or
* Adminiftialton of their Laws in bceing, or by ' fceking to cllabliiTi newe Laws for them agrec-
* able to ihe Rules oi Juftice, whenfoever'I'yme ' doth difcoverany Defedles in the former Policy, ^ or when Accidents in ihe State of any Com-
* monweallh requier newe Ordinaucces i fo ' fecyng both thcfc Things, which arc of foe ' greaie Moment in a State, have accullomed to ' be confidered and ordered, as in this foe in other
* well governed Commonwealthes by a law full Af-
* fcmblie of the three Eflates of ihe Realme, com-
* monly called the Parhament, wee were defirous ' to have lummoneJ them longrince for that Pur-
* pofc, tf tlie Infeftion, reygning in the Ciiic of ' y.aH(^/!!« ^nd other Places of our Kingdome would
* have permitted the Concouife of foe great 2
* JMuUitudc into one Place as that Allcmblie
* mull neceflarilie brynge with it -, which great
* Contagion being nowc, by the Goodncsof God,
* aiaitd, and hkclieas We hope, to be Shortly quite ' extirguiOicd in and about the U\d Ciiie, Wc
' have
(ej RjiKtr't FaJ*ra, Tor. Xyi- P. S6l»
Of ENGLAND,
' have refolved to hold a Pariiament at our Citie An. i. jimni-
* of IVtftminjier^ as foon as Wc (hall find that the «*°J' ' fame may be done wiihoul the Perill aforcfaid j
' in which, as God knows that We have nothing ' to propound for Saiisfa^Sion of any private
* Defter or particular Profit of our own, but ' meerly and only to confulc and rcfolve with ' our loving Subjects of all ihofc Things wiiich ' may bcft eftabliOi the Publicke Good, with the ' General! Safety and Tr.-\nquili:y of this Realme, ' on which it had pleafcd God to multiply foe ' many BlclBngsj fo to the Intei^t that tlirs Af- ' femblie of oure Parliament, being grounded up-
* pen foe fyncere an Intent on oure Parte, may ^ be matched witii a like Integryiie on theirs, and ^ as it is the firft in our Reigne, fo to be founde ^ not only worthy of the high Title it bcareth to ' be the higheft Councell of the Kingdome, but ' alfo to be a Prefident for hereafter of the true ' Ufe of Parliaments, Wee have bethought our ' felfe of as many Waies and Meanea as may be, ' to prevent thofe Inconveniences, which daylie
* rife and multiply by the perverting of ihofe ' auncient good Orders which weredevifed, by the ' Wifdome of former Times, to be obfervcd in '• Callijig of Parliaments i Amongft which, fae-
caufe there is no one Poynte of greater Confe- qucnce then the well chofyng of Knightes and BargelTcs, whoe as they doe prefent the Bodie of the ihirdc Eftalc \ foe, being eligible by Mul- titude, there are often many unfitt Perfons ap- ■poyntcd for that Service, and where it is foe well knowne to every private Man of Wit and Judgment, much more to Us who have had foe longc Experience of Kingly Government, how ill Effedles doe followe, when fuch as have to doc in Matters of Commonwealth fhall come 10 that greate and Common Councell, with o- (hcrs then publick Myndes, finccrc, and voide of any tadious Kumor or Dependency.* * Wee doc hereby ftraightly charge and ad- jnoniQi all Perfons inlerellcd in the Choice of A 3 • Knighta
6 The Tarliamentary Histor t
An. 1.
605.
Knig^tcs for the Shires, firft. That the Knights for ihe County be feletteH oute of ihe principall Kiiightes or Genilemcn cf fufficjent Habiluy within that County wherein ;hey are chofen ; and for the Burgclles that Choice be made of Men of Sufficiency and Difcretion, without any partbllRefpcfts or factious Combynation, which alwaies brecdeSufpidons that more C;ire is ta- ken to compafle private Endcs then lo provide for making good and wholefomc Laws for the Realme ; and becaufi2 it is noe more pofTibk to drawe foundeCouticelles and Relblutions from inconfiderate or infufficient Spirites, then to have a founde or healthmll Bodie compofcd of weak and JmperfciJt Members ; Wee foe liiccwife ad- monyflic all Perfons lo whomc it doih appcr- teync, that fceyng ;he Dealynge in Caules of Parliament requires Converiency of Years and Experience, there may be great Heed taken, by all thofe that will be atcompted Lovers of their Countrie, that both Knigntes and Burgelies may be chofen accordingly, without Defier in any particular Men to plcafe Patents or Friends that often (peak for their Children or Kyn, though they be very young and little hable to difccrne what Laws are fyt to bynde a Com- monwealth i To the Confulraiion whereof thofe Perfons fhould be felcLiled Principal lie, of whofe Gravity and modeft Converfation Men arc likeft generally to conteave bell Opynion. Next :ind above all 7'hingcs confidcryng, that one of the mayne Pillers of this Eftate is the Prcfervation of Unity in the Proieflion of fin- cere Reltyon of Almighty God, Wee doe alfo admonyfhe thjt there be great Care taken to avoyde the Choice of any Perions, either noted for their fuperftiiious Blyndncl's one Way, or for their turbulent Humours other Waies, becaufe their difordcriy and unquieie Spirilcs will dif- turbc ail the dilcrceie and modeft Proceeding in that gteateft aud gravefl Councell.'
O/- E N G L A N D.
* Further Wee doe commaunde that an ex-An.i. Jamesl. prelfe Care be had that there be not chol'en any '^'" Perfons Banquerupies or outelaweJ, biii Men
of known good Behaviour and fufficient Liveli- hood, and Juch as are rot ouely taxed lo the Paynfient of Subfidies and other like Cliarges, but alio have ordinarily paid and fausfied the fame, nothing being more ;^>furd jn any Cora- moDweaUh then to perir.ytt thole to have free Voyces for Law making, by wJiOif t-wnc Adtcs ihey are exempted from the Law's Protection. Kext that all Sheriffes be charged that they doe not diretit an> Precept for ele^yng and re- turning of any BurE;,eireb to or for any auncient Borrough Town within their Counties, beyng foe utterly ruyncd and decay-d ihar there arc not fufficient Reiyantes to make luch Clioice, and of whomc lawtiiU Eicttion may be m.Kie j alfo to charge all Cities and Boroughes and liie Jnhabi- lantes of ihe lame, that none of them feale any BI^nkes» referryng or leaving to any oiher to infert the Names of any Citizens or Burgeiles to (ervc for any fuch Cittie or Borough, bur doe make open and free Eleftion according to che Lawe, and fett down the Names of the Periuns whom ihey choofe before they fealc the Cer- tificate : *
* Furthermore, Tf^ss mt'tfyt hy thefi Prefentis^ that all Retarnei and Certficstes of Kn.ghtes CUizins and Burgejfes oughti and are to b( brought to t})€ Chauncery, and there is be fykd of Ret9rd j and if any Jball be feunde to be maae fcntrarie to tkh Proclamation, the fame /> to be rej(£ftd as tinlawfuU and infuffinent^ and the CUtie or Borough to be fyned for the fame ; and ij it befounde that they have mnmytted any gr^fje or wilJuH Default and Contempt in their Elelim Racrne or Certifeate, that then their Liberties^ aetcrding to the /.awtf are fs be feized into sure Hsndii at forfeited \ and if any Per/on take upfn him the Place of a Knight, Citizen or Bur- ^ejji^nst biittg duely EidgdyRetm nsd andSwarne^
• at-
8 The Tarliamentary Histort
An, I. Tame* I.* oaording to the taws and Statutsi in that Be-
J603. " halfe provided^ and according to the Purport, £/•
' feh and trus Meanhg sf this mre Prochmaticn j
' thiti every Perfon foe o^ending^ te be fyned and
* imprifoned f6r thejbme.''
* Wee doc alfo hereby give warning to the ' Lordes and ochers that are to fervein this Par-
* liament, to have Jpeciali Care, as ibey lender ' our Difpleafure, thar they admJ^t none to have ' the Name or Countenance of their Servaunts
* and Alterdantes during the Parliament, thereby
* to be priviledged» feying fuch Queftions of Pri-
* ledges have In Tymes part confumed a great ' Part of the Tyme appointed for the Parhament,
* whereby the Service for the Rea!me hath bene ,
* hyndered, and the Subjefla drawnc to greaE
* Charges and Expences by attendyng much ' longer than otherwife needed, *
* Having at this l^yme bene the more careful! ' to fet downe a particular Order and Forewar- ' nyng for preventing of thele feverall Abufes ' afore-mentioned, that thereby there may arife,
* at that publick and folemne Meeting, fuch a
* comely Proportion and laudable Sympathie bc- â– * twecn the honourable, jufte and neceflarie Lavfes
* that are to he made and cftablifhed at this
* P.irliament, and the commendable Drfcretion, « with all other wife and vertuous Qualities) meete
* for fuch Perfons as are to be the Members
* and Affifters of Us in foe honorable, Uwfult ' and neceflarie an Adtion, as may put us and
* all our good Subjefts in a fuer Expe6tetion of ' a happie Illue to followe thereuppon ; Wee ' doubt not bu: thefe our Diredlions, thus made ' manifeft, (hall be duely oDierved accordyng to ' the important Confequence thereof, and ihe
* Perill of cure heavye Difpleafure to all thole
* that fliall offende in the contraric. *
Given at cur Honour at Hamptm Ceurte^ ihe Eleicnthe Day of JanuarU^
I
Per ipfum Regem,
0/ E N G L A N D.
It maft be owned by every impartial Reader, ad. i. jimwl that thefe were noble Injunftions, and, if rightly jtoj. followed, will always be the Means lo have a free and independent Parliament. What Succefs they had in the Choice of the Members, then clefted by the Writs fent out along with the Proclamation, will belt appear by their Condudl in ibc Sequel. We have recovered from a Manuiciipt of the ume Age, the Names of all the Members of the Houfe of Commons who fai in this Parliament : And, as it hath hitherto been cuftomary for us to give the Slate of the Peerage, at the Beginning of eve- ry Reign ; fo here we think proper to fubjoin to it the Names of all thofe Gentlemen, who then con- ilituted the Lower Houfe of Parliament.
The Names and Titles of all the temporal tcrJSf eafUJ, by fP9it, to the Jirji Parliament of King James J. (f)
The firft Writ was dire<5led to Sir Thomas Eger- tony Knt. Lord Ellefmei-ty a little Time before, mads Lord High-Chancellor of England, {g)
J HO MAS, Earl of Darfety Lord High- Treafurer,
Wilkam^ Marq. of IV\h- ehefler. Lord Great- Chamberlain.
E^ardt E. of W^ruf- tttj EarUMarfhal.
Cl-arleSjE . o {Notthigbamy Lord High-Admiral, and Hrgh-Steward. 'bsmas^ E. of Suffaiiy Chamberlain of the Houftiold.
ileniy^ E, of Nerthum- hirland.
Gilbertj'E, o( Skrewsbury. Sate eS thqJ
iniliam, E. of DerJy. Pcmse.
Henry, £. of Keut.
Rigger, E. of Rutland.
George, E. of Cumber- land.
Robert, E. of Sujfex,
George^ E. of Hunting- don,
Wii'dam, E. of Bath.
Henry, E. oi Southampton.
Edivard, E. of Bedford.
IFidiam, E. ol Pembroke*
Henry, £. of Lincoln.
Charles, E. of Devon.
Hen. E. of Northampton, The-
(/) DvgiaWt Simnnmi tp Parlitmni i But ihc Liil there
beini very faulty, the Eiron »'« correflud by the Ln-J'i y^urnjis. ft) The Head of the BriJgtivaUr FahiUj, In Lx^daWt Sa-
ren^S^f Vol, II, ht h cjOltd LiXd-Keepcr,
ne Tarliamefttary HisTort
Att. I. James L Tbemas^ E. of Exeter. '^^* Philip, E. of Montga-
mirie. Thomas^ E. of Amnisl. Anthcfif, ViTc. Montague. Thmaii Vifc. Hinvard,
of Byndon. GtorggTuchetyY.. Audley. Edward Zoucbi L. Zmch, tbcrnat /f'5/?, L. i);/d-
H-fnO' ^f^^^h L- Berkley. Edward Parkery L. jl/ijr-
/<)•. . EdwardStafordyL. Staf-
hrd. Tmmaiy L. 5f /â– ;)/# of
Edward Sut tan, h.Dud-
ky. yshn Lumliy^ L. Lumley. Edtvard S tour t Oft, jl.
Smrti/3. Henry, L. Herkert, el- deft Son to the Earl of
Worajler* John Darde, L. Dariie,
of Meneli. WtUiam Parker, L. ^Wj/!-
/f^/if, eldeft Son to
L. Morky. JVillxam^ L. Sandyi, of
Vynt. Henry^ L. J^nd/or. Henryy I,. Mordaunt. Edward^ L. CromiveL Ralph, h- Evert Phiiipy L. JVi>artcn of
IVharton. Robert, L. /2;V/^^
TAo. C«;7, L. Surghley. Charies, L. IViUmghby,
of Parham. Ednmd, L. S/jf^*-/^. Thomas, L. Darde^ of
IViUiam, L. Hsward, of E£ingham, eldeft Son to the E. of Notting- ham.
JViUiamy L. Chandois^ of Sudeley.
Jshn Caryt^ L. Hunfdsn.
Oiivtr, L. 5? ycAf!, of Bletfi.
IVtUlam, L. Contptin.
Erancii, Lr Nffrris, of
Robert, L. Cm//, of Ejfingdon^ Principal- Secretary of State,
Rabertt L. Sidney, of Penjhurji,
JVHUam, L. Knffltys, of
Edward, L. JVottm, of
Francis, L. i2ij^/, of
Thrnhaugh. Henry, L. Gr^y, of <?r5/^;f. Jshi,L.Pe(re,oflfrittU, jshn, L. Harrington, of
Hmry, L. Danven, of
Dantfiy. Thsmai, L, Gtrard, of
Gerartfs Bromley. Robert, L, Spenfer, of
U-'ormliyton. Richard Fynes, I.. 5j)»
and Sf/f.
0/ENGLANa II
*
Jokftf L. Stanbife, of
Harrington. Thtmas, L. Arundel^ of
IVarder, fP^tUiafn, h. CavendiJ}},
of Hardwiik. Francis^ L. Norths of
Kirtiing, Eiwardy L. Neo'ik, of
Bergavtnny*
Theipbikst L. Hffward, ^tu u Juxi l.
of /^tfWffl, elddl Son «^3.
to the E. of SufffiJk, Edward, L. Denneyy of
IVahham. George, L. Canu'f of
Thomas, L« Clintcft of £jfr, eldeil Son to the £. of Lincoln,
The Karnes of all the Members of the //wy^ of Cemmoftij returned lo fervc in Parliament the ift of James I. >/flW 1&J3. with the Places they fcrved for. {/)
Bedfordshire. r\UyERStjQbn,K{qi Vy Sir Edward Rad-
(Zip, Knt. Bedford T. Sr C^r^. Hat ton, Knt. fhomas Hawes^ Gent.
Bucks.
Su"^tf«m Gocdivyttj Knt- Sir /fi/. Fiiitwiod, Knt.
Bmkingham T. Sir Thomas Dentm-^ Knt. Sir Anthony TeringbaiRy Km.
Wicmnbf B. Sir y^i^n T&wiijhm.iy Knt. /i>ffrjf FieefWicdy Kfq;
AyUsbury B. Sir JViiUam But Lice, Knt. Sir /fj//iJw 5ffj/r^, Kn:.
Berks.
Sir Wf/iry A^w/^, Knt. Li*of thcHeufe Sir Francis KnoUiSy Knt. of Common*.
hiew-JVindlor B. Samuel Barkheujey Efq; Sir Francis Hffward^ Knt.
Reading B. Siry^ffmmwj ]5<w«,KiaL Francis Mo«rty Elq; Wallingford B. Sir TFilUam Dunchy Knt. Cbrtftopher Paynty Gent.
Abingion B. Sir Riehard LeveleceyKnt.
CORNWAL.
Sir /r//. Godeiphiny Knt.
Sir Anthony ktw/ty Knt.
Dunhivid^ alias Z^w/i-
Sir Thomas Lakiy Knt.
^/■J The Mannlcrpt it in £df/ii tnd fcenn ihu Title. Nm^titt Militum Cmataiuum, Cfriirm Civifatuwt, et hm'tiiifiiim Villaramf fivi Bufgorumf Hi Sijrar<uu< quinfut Ptrtutmf vtni*ndsrm» ad Par* litmttitym, frnKtusKitur' ajit.d Cii'itJiem tft^mvutfteri-f dttitit met Dit ttiar^ij, Airne K<^tt f»(.-ifi, Aoitiic, Fnncite, tf Kibeniis frimtf (/ Sculip: trici^vta Jeftinu. 1603.
£dwai.dus PaciLirs Mi'/f}> PtolocQRir,
ra The Tarltamentary Histort
An. I. J.m« I. Ambti^feR^fi.n^s 16^3. Ltjkard B.
SaPyil. KiUegrew^ Knt. Reginald Nkhsh^ Efq;
Lijiivhhkl B. Sir 7io- Chalonery Knt, Sir /i^A iff£t)fr, Knt.
TVara B. Thomss Burgsfs, Efqj ii'/irj- C^ff, Efqi
Bodmyn B, y^M 5;^;;^, Gent. Rkhard Spray^ Gent.
Sir y^Afl i«£"*, Knt. Robert Natttsn^ Efq;
5j//a> B. Sir Rob. Mamwosd^ Knt, Thamas PyveU Gent.
Camelford B. y^Aw Giflrf, Efq; Jtithsny 7urpin^ Genu Portpighamt alias ?r^/w# B. Sir lyiUiam Wade, Knt- Sir /^^«o' Giodyer^ Knt-
Grampmnd B- Sir /^raw. Barnham^ Knt- H^lUiam Noye, Efq;
Eafih-jje B. Sir Robert ^hiiipi, Knt. Sir 7^*?: Parker^ Knt.
Penrya B. Siri'rfit'criCjflWrfy.Kn!. Sir //-//. Maynard^ Knr.
Iregoney B. /ifffry Pemirey^ Efqi Richard Cart-oigh, Gent.
Bejfiney B. Sir Jfrommiis Htirfey, Knt. GV^jr^f Calvert^ Ef^i
5/. /wj B. JfiUiam Breok, Efq; JflAw tregsnm^ Gent.
/ffiuc_y B. Francis P'ivian, Efqj H?«ry Pater, Gent,
5^ Germaim B. Sir George Carew, Knt. JflAR 7>jr/, Gent.
MV^f/ B. lyilliam Carpe, Efq; IP'illiam Hadwill, Efq;
Newport B SW Edward Ssymor^ Knt. Sir iJc*. Kilhgrewet Knt.
S/. ■^k/flajf; B. Sir Jfl^M 5/>£«//, Knt. Dudley Charlton, Efq;
Kellingisn B. /^i7//^w ^tf//<?, Gent. Sir ^Jf . WiUfrahsm^KaU
Cumberland. William Ldivfm^ Efq; Edward Mujgravty Efq;
C.7rA^^ C. Thomas Bletttrhaffet, Efq; IViUiam Banvick, Efq;
Cambridgeshike. Sir JflAfl Ptytany Knt. Sir Jff/'n Ci{ti£Si Knt.
Cambridge T. i2o^frr?^d//j/j, Alderman. 7aAg Ta):lsy, Alderman,
Cambridge- Univer/ity. Nicholas Stivjard, L L.D. HenryMaivtelowe^X^.'D*
Cheshire.
Sir fhmas HoUrgfiy Knt. Sir .^r/r Mone, Km.
I
Of
Chejier C tbomai Gamuly Efq; Hugh Glafiiry Efq;
Derbyshire.
' Sir Jcbn H^rpur, Knt- IViVJam Knytton^ Efq;
Derby T. Jabn Baxter^ Gent. Edward Skigkij Genr.
ENGLAND. 15
Devonshire. Sir John Ackland, Knt. Edward Seymsr^ Efqi
Exiter C Gi-tfTgi! Sm/'/A, Efq; John Prowziy Gent. •^ rotntfi B.
CV/y?. Brosiingy Merch. /A'tfi/fr Dc/fj/r, Merch.
Plymouth B. Sir i2iV/j. Htnvkimy Knt. Jdm^i 5tf^^', Gent
Barnefiapie B. Thsmai Hinjhh Elq* Gfw^' pMr(/, Gene.
Plmpton B. Sir /^^tfi^TOT 5rr«)J, Knt. iVarwich Ueaky Gent.
Tav'ipke B. SirGfor^^^ /j/-fr«;W,Knt. £c/u;. Duacombct Gent. Dartmouth^ Clijion, Hardttefiy B. ThsmasHclhmU Gent. Tbmai Gurncy, Gent.
Bvtaljhn B. Humphry iWtfVf, Efq; Sir Riifxird Strode^ Knt.
DORSETSHIRF.
S\Tlhmai Freaht Knt. Jshniriniarnsy Efq;
Poff/^ T. Edward Murtt Gent. T^jffmdJ Robertiy Merch.
Dorchejler B. Mi^thew Cbrobbcy Gent. JflAn S^«r, Gent.
iym/ B. Sir PranW; i^u^-r/, Knt. Gwr^^ Jeferye, Efqi
IVeymouth B.
7*^. Bartfmet Mayor.
%MlohtiHanmm^ Knt.
M£!(ambe-R*gis B. ^o*^rr ^//^ Alderman. iJoAff/ Midd/eten, Mtich.
Britport B Sir Rfl^^rt vW;7/>»-, Knt. yj/;;i PrV/, Gent. Sbaftibury B. iJffi^r/ Hffptofi, Efq; yaAff J5fl(/fH, Gent. C^rfr Ctf/7/* B. Sir 7o6« Habaru^ Knt. £i/it'. Duncembe-, Gent.
Ao. I. Junci l« 1603.
Essex. Sir Gamaliel Capily Knt. Sir />tf«. Burringtori, Kt.
Cckkejitr B. Jfflifr; Barker^ Efq; Edward Alford^ Efq;
iWdAif» B. Sir i?i?i/rt ^iVi, Knt. Sir Jc^ff 7^""-^> ^rit.
Hanviih B.
?eA» Pantotii Elgi ZtfWtf J TrevcTy El'q;
Gloucestershire. Sir Thomas Berkelty^ Knt. ^ffj^w Ihrogmottsn^ Efq;
Thc'kcsburv B. Sir Dw^.'fy /);/^j, Knt. Edward
The Tarliame7itary Histokt
An* I. Uana I.
Oxfordshire.
1^3, Sir Anthony Cept-i Knt. John Doylty, Efq; Oxford C. Sir Frandi Leighf, Knt- Tkomai JVenSwsrthy Efqj
Oxford- Vmverfety. Daniel Dun, L.L.D. /^//f'aw Byrd, L.L.D.
Wood/lock B. Ibsmas Spencer^ Efqj ^fl^frt Whitbck, Efq;
Banbury B. Sir W///dm Cc))£, Knt.
RUTtANDsHlRE.*
Sir 7iJm. Harrington, Ki. Sirfe Buiftrode, Knt.
SURREV.
S\i PPliliam Mosre, Knr. Sir £iii'. Bowytr, Knt.
SculhvarJt B, Sir Gesrge Rivers^ Knt. If^tUiam MahewCi Gent,
BUchivglelgh B. Sir 7fl^« Trmer^ Knt. Richard BsHingham^Efq,
Rjgatt B. Sir fc/iu. Hnvard^ Knt. Herbert Pdbam^ Eliji
Guilford B. Sir G^-jr^f vW-Jiyr^, Knt. G^fl;yf y?u/^w, Gent.
Gdf/JT B. Sir T}}om!2i Grtjharr^ Knt. SirNickoicii Saunders^ Kt,
Hiifehntre B. Sir £'^w. i^rrift-t, Knt. IP'ilUam Jackjofif Efq;
Staffordshire. Sir ffli'tt/. Little/on, Knt.
Sir 7tfAa Egertofij Knt.
Litchfield C. Anthony Dyott^ ETq; Thomas Cr&we^ Efq;
5/^flri B. George Cradock^ Elq; Arthur Ingram^ Efq;
Nnvca/fk under iiW, Sir /Fd/f. Chetwind^ Knt. Roudand Cotton^ Gent.
Tamworth B. Sir T?"?. Beaumont^ Kut. Sir yo^w Ferren, Knt-
Shropshire. Sir iiff^fr Gw/«, Knt. Sir i!ii^. Nfedhamy Knt.
S}}rnvibury T. Richard Barker, Efqj Frandi Tate^ Efq; Bridgenorth B. Sir Lsdwick Lewhor^Ku
Ludiewt B. Robert Berrys^ Efq; Richard Fijbet^ Gent.
Great -U^endhcL Robert Laxvley, Gent, George Lawky, Gent.
Bijhofs-Cajlk T. IViiliam. Twynehse, Efq; Samuel LeiuknoTy Efq;
SoUTHAMPrONsHIRE.
Sir iJj^. 0,vfiir^r(Vf r^Knt. Sir /F?/. 7;^/;./S«, Kn^
mncbejlcr C. Sir y£fi« A/ojr, Knt. Edward Cosie^ Alderm-
Southampton T. Sir Tiff. FJewinge, Knt. Sir 7«*« Jefferiei, Knt.
Porifrtouth T. 7tfiw Ctfrir//, Efqj
Ricbari
0/ E N G L A N D. 17
^
JR'ictard Joiv^fi, Gene
Yarmouth B. Th.omas Chti^ Ef'q; Arthur Bromfidd^ Gent.
Petenfield B.
Sir H^tUlam ILzrvyt^ Knt.
Sir mi KinzjeweU, Knt.
Newport B. Richard James, Efq; yo/j/j ^/j/^/4 Efq; Stockirtiiige B. Sir ^if^/. Fcrtefcut, Knt. Sir Edxo'm Sandys^ Km.
Mm' ten B. Thomas IVilJan, Gent. H^iUiam Men>}s, Gent.
ChriJ}- Church B. Richard Mariin^ Efq; NiJjo/as Hide, Efq; Wh'tchttrch B. Sir 5rV/;. Piiwktt^ Knt. Tbamas BrochSt Gent.
Lymingtm B. Thmas MarJJjaly Gent. Thomas Seuth^ Gent.
/indroer B. Sir 7><j. Jermyn^ Knt. Thomas J/ttrohus, Gent.
Suffolk. Sir 3'^'&« H:gha//ty Knt- Sir JKaifr/ Drury, Km.
/^/-u;;^* T. Sit //if///,)' Gknhamy Knt. Sir Frantii Bacstt^ Knt.
Dunvjkh B. Sir Thomas Smithy Knt. P^/cr Grf////y, Efq;
ar/ir<i B.
Sir iWifi. Sta/:hpe, Knt.
"lir ^/7/. Csrnwallis, Ki.
Vol, V. B
jf/dhorsugh B. An. I. James K
Sir /^/V. ff^oadhoufe, Knt, '*^3' Thomas Rhctt, Efq;
S::dbsrough B. SirTJ^^j. Beckingbam^Kutt Tha, Eden, jutt, Gent.
£y^ B. Sir /fr;7. BuckhghafiiyKx. Sir 7j?*« JSTrfy^, Knt.
Somersetshire.
Sir /^rrfw. Hajiifigs, Knt, Sir £</«;. P^WvJ>r, Knt.
fir/y/^y C. y^A/i JVHtflon^ Merch. Thsmcs Jamesy Merch*
5tf/* C. ?-^/. Shcr/ione, Alderiii. C/>rj//. 5/tffff, E(q;
^W/,fJ C. Edzvard Forcett^ Efqi 7tfceA KiUon, Efq;
Taunton B. Edivard Hexte, Efq; 7^M jffwri, Gent.
Bridgnvater B. Nichol. Hajcimere^ Gent. ^flAff /'cw>» Efq; Mynhead B. Ambrcfe Purvill, Gent. . Sir Maurice Berhley^Ku
Sussex.
Sir Charles Howard^tCnU Henry Carey, Efq;
Chkhejier C, Adrian Stcught9ny Efq; Sir ^i''^" Morlsyy Knt.
Horjham B. Sir 7^'''« Dodridgey Knt, Sir Me*. ///.**, Knt.
The Tarlhmentary History
An. I. Jame, I. Miiihurjl B-
1603. French Kevik^ Efq;
Sir Richard li^epn^ Knt.
Lewgi B fUnry Nevile, Efq; John Shirley^ Serjeant at Law.
Sbsreham B, Sir Barn. IVhitJlones^Kt, Sir Hugh Seepn, Knt.
Steyn^ng B- Sir TJjomas ShirUy, Knt. S\r Thsm/7s Bi^jffp, Knt.
£tf// GriftfUad B. Sir //p«7 Crcmpion.Knt. Sir y^j^n Stvinertm, Knt,
Arundel B. Thoffh-!^ Preftsft^ Efqi >/;« r^, Efq;
Westmorland.
SirVAi). Strkklifui, Knt. Sir iJf^, M(/jrrtKf,Knt.
yf/'/Zf^;' B. Sir 7i/?« Msrrh, Knt. Sir ?^//. Bowyer^ Knt.
Wl LTSHlRE.
Kirf/-/7«fii Pcpbam^ Km, Sir Ji'altir ViiUghan^YifW.
New-SaruJn C. G//« r^i^^r, Elq; RkkiJrd Gorifrty., Gent.
Sir TZ-s. EdiTijnds^ Knr. Ihoniiis Morgan, Efq;
Sir Gore I R.ilei^k, Knt. iVUliam StjcJtmaUt Gent.
Hifidon B. Sir £(//*;. Ludhwe^ Knt.
Thomas Thymie, Efq;
HeiUsbury B. Sir /fi7/;Vw H>'tfr, Knt.. JValterGawefiy Gent.
fPeJbury B, Sir y<7W« itiy, Knt. Mathew Lee^ Efq;
Ctf/n^ B. Sir Ed-ward Careys Knt. y^^/i ?V[j/;, Efq; Devize i B. Sir /f<?A^> Baifiion, Knt. Ai^fr.' i>ru^, Gent. Chippenham B. ^flin Hungerford, Efq; John Roberts, Gene
Malmeihury B. Sir -^tf^^r DaUyfoHy Knt. Sir TT-ii. nff//ji/OT, Knt.
Cricklade B. Sir Jtf/'fl Huisgtrf&yd^ Kt. Sir //fwo' Pm/, Knt. Great- Bedivyn B. y^^ff Rodneyy Elq; Anthony Hufjgerfffrd^F.(q!,
Luiigeyjhal B. yamei KirHriy Efq; Henry Ludlowe^ Gent.
Old-Sarum B. /^';/. Ravenfcroft, Efq; Edward Leache^ Efq;
IVrnQn-Eapt B. Hniry .vJart'xn^ Efq; Alexavder Tittf, Efq;
MarVjrc.gh B. Lmoreme Hide^ Efq; Richard Digge^ Efq;
Worcestershire. Sir Mwrji BromUv-, Knt. Samuel Sandyi, Efq;
Of E N G L A N D. 15*
Richmond B. Talbot Bowei, Efq; Richard PercivaUy Efq;
Heidsft B. Sir Chriji. Hihiyard, Kt-
BltTTOwbrigg B.
Sir Henry Jenkins^ Knt. Sir Tho. l^ava/or,K.t\X,
Thurjk B. Sir Edward Szvi/t, Knt. ?;«. fFhittinghamf Efqj
///ii^ttr^;. B. Sir £^:f . Skejitld, Knt. Sir //fwry SavJ£y Knt,
Beverky T. y//iin Piercey^ Efq;
Barons of the Ports. ffa/lings.
S\r Edivard Hiiies, Knt, 7(7OT(,7 Lajker^ Gent.
H^jnc}}ijfea. Adam White^i Gent. Ihoinas Unton, Gent.
7^^^ Toungtj Gent. Menea;e Finth, Efq;
Sir /?ij/^ Reminglony Knt. j'i'/j/j Phffimery Gent.
C*r;^. Talderhy Efq; Sir AWtfA kjtatchbuU, Km.
Sandwich. Sir George Fane, Knt. 7^^// GrvJ^/A, Efq;
Sir 7J;ot/i; /^tf//^» Knt. Gor/f fi/>^^, Gent.
mrce/ier C. yo^/r Cewtber^ Gent. Rowland Berkley^ Efq;
Droitzvich B. G«r^^ /^i/, Efq; 7^7An Srflf/, Efq;
Evtjham B. Sir Ihmai Biggs, Knt. Edward Salter, Efq;
5ra/<^/^ B. Rithard Teungy Efq;
Warwickshire. Sir £i^K;. Greviky Knt. Sir iJ'f*. Ferneyy Knt.
Coventry C. //fffry BreereSj Efq; Sir yoA« Harrington, Kt.
Jf^arwick B. 5'ffA^ Town/bendy Gent. fVtUiam Spicer^ Gent.
Yorkshire. Sir 7^'i'fl S^w/Vf of //fy/-
^, Knt. Sir ^VA. Gargrave, Knt.
nr;* C. ^/*r/ AJhoitby Alderm. C^ri/?. firoii/^ Efa;
Kingflon upan //tf// T. 7*!*/? Edfmndi-, Mcrch. 7?/^A Z:-^/^, Merch.
Knareilrurgh B. Sir //f«. Slings/ty, Knt. S'n ff^i/. Slingsby, Knt.
Scarbraugb B. Francis Emrye^ Efq; Sir Thomas Pojihumus Habhyy Knt. ^>^^ B. Sir 7**« Malhry, Knt. Sir yp/v; Be/inety Knt.
n. !â– June i<Soi.
B2
WALES.
T
arliamcHtary Histoky
1603.
WALES.
Anglesey. Sir Rich. Bulkley, Knt.
Beaumaris B. WtBam JcKes, Efq;
Brecon. Sir Rekr^ Kncw/eSt Knt.
Brecon T. Sir H^nry f^ilHams ^Knt.
Cardigan.
yohn Lewis^ ETq; Cardigan T. H^iUiam Bradjliaw^ Efqj
Carmarthen. Sir Robert Maunfel^ Knt.
Carmarthen T. Sir XValier Riie^ Knt.
Carnarvon. Sir IVill'iam Maurice^ K t.
CirmrvQH T. Clement Edmonds^ Efqj
Denbigh. /'/^fr Mutton, Efq;
Denbigh T. i&^A MiddieUfty El'qi
Flint.
iJs^fr Puiejlont Efq;
/â– ^^f T. JSfjg-fr BreretSTit Efq;
Glamorgan. Sir Thomas Maunfely Kt,
C<2rrf/;f T. Matheiv Daviesy Gent.
Merioneth. Sir £,rfif;. Herbert^ Knt.
Montgomery.
Sir /^/. Herbert, KnU
Montgomery T. Edward IVhittitighajn^ Gem.
Pembrokii*
^/j* Stcpneth, Efq; Pembroke T. Richard Cunycy Efq;
Hazerford-m^ T. Sir Jama Perroty Knt.
Radnor. Sir i?f)/^/rr HarUy, Knt.
On the igth Day oi March 1603, which was
Anno Rwni i, ftlH within the firft Year ol" this Reia;n, the Parlia-
At wSJiinfl ^-ri^ '"^*t â– '^f IFeJi'itifijier. The King came in a
'^' Churiot of Eftatei the Prince of WaUi, wi:halt the
Ivord: Spiriyi.il and Temporal, according to :inljent
Ciil^om, rode on Horfc-hack from fPljitebnil to
IVe}hriinfUr^ in their Parliiment-Robts. When
llie Ktng bsing? featcd on the Throne, it pleafed his
Miijeily, in Perfon, to duclrire the Caufe of the
Summons to the two Houfes, iio the following
Speech.
L
* IT
My Lords cf the Higher Houfe^ and You Knight i An. i
and Burgfjfci af the Lower^ '*°3' -
* "T T did no fooner pleafe Goj to lighter his ^hc Kib«»s
* Y. Rand, and relent the Violence of his devour- Spccct; to His iDg Angel ag-dinl^ the poor People of this City, '"SP^liameat. but as loon did I refolve to call this Parliament, and thai for three chief and principal Reafotis.
• The firft whereof is (and which of ilfel", tho* there were no more, is not only a fufficient, but a moft full and necelTiry Ground and Reifon for convening of this Afl'emhly} the firft Rfafon, 1 fay, is, Thrtt ynu who are hereprefcntly afTem- bled to reprefent the Body of this whole King- dom, and of all Sorts of People within the fame, may with your own Ears henr, and that I out out of my own Mouth may deliver unto you, ' the Aflurance of my dueThanfcfuIncrs for your ' fo joyful and general Apptaufcj to the declaring ' and receiving rae in this Seat (which God, by my ' Birth-Right, and lineal Defcent, bad, m the '• Fulnefs of Time, provided for me) and that im- ' mediately after it plcafed God to call your late f Sovereign, of famous Memory, full of Days, ^ but fuller of immortal Trophies of Honour, out ' of this iranfuory Life. Not that I am able to ^ exprefs by Words, or utter by Eloquence, the ' vive Image of mine inward Thankfulncfs »
* but only that out of my own Mouth, you may ' reft aJTured to expedV that Meafurc of Thankful-
* nefe at my Hands, which is according to the ' Inlinitnefsof your Dcfcrts, and to my Inclina-
* tion and Ability, for Requiial of the fame. Shall » I ei'cr, nay, can lever be able, or rather fo un-
* able in Memory, as to forget your uncxpcfted
* Rcadincfs and Alacrity, your ever- memorable
* Rcfolution, and your moft wonderful Conjunc-
* lion and Harmony of yoiir Hearts, in declaring
* and embracing me as your undoubted and lawful
* King and Governor ? Or fhall it ever he blotted
* out of my Mind, how at my firft Entry inio
* this Kingdom, the People of all Sorts rid and
* ran> nay rather flew to meet me? Their Eyes B 3 • flaming
n^e T arltamentary Histort
Aii.1. James I.* flaming nothing but Sparkles of AfFeftion, their
1603. < Mouths and Tonguesuuering nothing burSuunds
' of Joy ; their Hands, Feet, and all the r^ft of
* their Members in their Gefturcs, difcoverlng a ' paffionate Longing, and Earnertnefs tomcct and
* embrace ihtir new Sovereign, ^id ago retri- ' huam? Shall I allow in myfeU that which I
* could never bear with in another? No, I mult
* plainly and freely confefs here, inall your Audi-
* ences, that I did ever naturally io far miflike a
* Tongue toofmoorh, and diligent in paying their ' Creditors, with Lip- Payment and verbal Thanks,
* as I ever fufpetled that Sort of People, meant
* not to pay their Debtors in more fubftantial Sort
* of Coin. And therefore for exprefllng of my ' Thankfulncfs, I muft refort umo the other two
* Reafons of my convening of this Parliament, ' by them in Atlion to alter my Thankfulnefs : ' Both the faid Reafbns having but one Ground, ' which is the Deeds whc?eby all the Days of my ' Life, lam, by God's Grace, to expreis my faid ' Thanfcfulnefs towards you, but divided in this ;
* That in the firft of thefe two, mine AfSions of ' Thanks are fo inleparably conjoined with my ' Pcrfon, as they are in a Manner become indivi-
* dually annexed to the fame In the other Rea-
* fon, mine Actions are fuch, as I may either do
* them, or leave them undone, iho' by God's Grace,
* I hope never to be weary of the doing them.
' As to the firft, it is the Rleflings which God
* hath, in my Perfon, bellowed upon you all,
* wherein I proteft, I do more glory at the fame for ' your Weal, than forany panictiiarrefpedt of my ' own Reputation 01 Advantage therein.
The firtl ihen of the Bkflings, which God
* hath jointly with my Perfon fent unto you, is
* outward Peace; thai is, Peace Abrottd with all
* Foreign Neighbours: For, I ih.^nk God, T may ' juftly f-!y, that never fincel v.isaKing, I either
* received Wione ot any other Chrirtian Prince or
* Stale, or did Wrong to any : I have ever, I
* praife God, yci kept Peace and Amity with all,
* which
0/ E N G L A N D. 13
' vvhich Iiath been fo far tied lo my Perfun, as at An. i. >m«l,
* my coming here vou are Wimeflcs, I found the >**3* ' State emb;irked in ;i great and tedious War, ai^d ' only by mine Arrival here, and by the Peace in
* my Peribn, is now Amity kept, where War was ' before, which is no fmall BlefJing to a Chrifttan
* Common- Weahh : For by Peace Abroad with ' their Neighbours the 7" owns flourifh^ the Mcr-
* chants become ricTi, the Trade doth incrciife,
* and the People of all Sorts in the Land enjoy
* free Liberty to exercife ihenifelves in iheir Icve-
* ral Vocations, without Pirril or Diltuibaore. ' Not that I think this outward Peace fo unltpara- ' biy lied to my Pcrfon, as I dare ailuredly promife
* tomylelf, and to you, the certain Continuance
* thereof; but thus far I can very well aflUre you, ' and, on the Word of a King, promife unto you,
* that I fliall never give the iirit Occafion of the
* Breach thereofj neither (hall I ever bs moved
* for any Panicuhr, oj private Paffion of Mmd,
* lo interrupt your Public Peace, except 1 be for-
* ccd thereunto, either for Reparation of the Ho-
* nour of the Kingdom, or elic by Ncccifity for ihe ' Weal and Prc(crvalion of the fame : In which
* Cafe, a fecurc and honourable War muft be pre.
* feiTed to an unfccure and difhonourable Pence.
* Vet I do hope, by my txi-erienLC of ihc by-paft
* Bleffings of Peace, which God hath lo long,
* ever (ince my Birth, beftowed upon mc, that
* he will noi be weary to continue the iame, nor
* repent him of his Grace towards me j transfer- ' ring that Sentence of Kin^ David's apon bis by-
* paft V id Dries of War, to mine of Peace; that •■rhai God who preferved me from the. devouring
* JiKWi of the Bear, and of the Lion, and delivered
* vhcm into my Hand, fiiall now alio grant me
* Viftory over that uncircumcifed Philiflitte. ' But although outward Peace be a ^leat Rlef-
* ling, yet it is as far mierior lo PtMce wiihin, as ' Civil Wars are more cruel and unnatural llun
* Wars Abroad. And therefore the fecond great
* B[eflin£iha;Godhaih,withmyPcrfon,fem unto
' you
An. I. Tameil/ you, is Peace within, and ihat in a double Form : 1603. '* Firft, by my Defcent lineally out of the Loins
* o( Ht'NtyVU. is re-united and confirmod in aie
* the Union of the two Princely Roles of the iwo
* Houfes of Lancafier and lofk., whereof tha:
* King, of happy MemoTy, was the firll Uniicr,
* as he was alio the firft Ground-layer of the other
* Peace (the lamentable and miferable Events, by
* the civil and bloody DilTenfion betwixt thele two ' Houfes was fo great, and fo late, as it need not
* be renewed unto your Memories) which as it was
* firft fettled and linited in him, fo it is now re-
* united and confirmed in me; being juftly and
* lineally defcended, not only of that happy Con-
* junftion, but of bolh the Branches thereof in
* many Times before. ButtheUnionofthefetwo
* Princely Houfes is nothing comparable to the
* Union of two ancient and famous Kingdoms,
* which is the other inward Peace annexed to
* my Perfon. «
* And here I muft crave your Patience for a lit-
* tie Space, to give me Leave to difcourfe more
* particularly of the Benefits that do anfe of that ' Union which is made in my Blood, being a iVlat-
* ter that bclongeth moft properly to me to Ipeak
* of, as the Hc^d, wherein that great Body is
* united. And firfl:, if we were To look no higher
* than ro Natural and Phyfical Rcafons, we may
* eafily be perfuaded of the gre;it Birnefils that by
* that Union do redound to the whole Iflard : For
* if twenty ihoufand Men be a ftrong Army, is not
* the Double thereof, forty thoufand, a double the ' ftronger Army ? If a Baron envichcth himfelf with ' double rts many Land') as he had before, is he not
* double the 3;rca:er? Nature teacheth us, that ' Mountains are made of Mores; and that at fiift,
* Kingdoms being divided, and every particular
* Town, ov little Country (as Tyrants or Ufur-
* ])ers Could obtain the Poilellion) a Signory
* apart, many of iheftr little Kingdoms are now in
* Procefs of Time, by the Ordinance of God, ' joined into great Monarchies, whereby ihcy are
* bccomQ
0/ E N G L"A N D. 15
* become powerful within thcmfclves» to defend ^a. i. Jamc* I. ' themfcIvM from all outward Invafions, and their '*"** ' Head and Governor thereby enabled to redeem ' them from Foreign Aflaults, ai:d punifh private
* Tranfgreffions within. Do we do not yet re-
* member that tins Kingdom was divided into
* feven little Kingtlomy, bt-'fides IVnhs? And is it •not now the ftronger by their Union ? And hath
* not the Union of H'ahi to Englund ;.dded a
* greater Strength thereto? Which, though it Was
* a great Principality, was noihing comparable in
* Greatnels and Power to the aniient and famous
* Kingdom of Scsiland. But wtiat fliall we llick- « upon any natural Appearance, when it is man t-
* felt, that God, by liIs Almighty Providence,
* halh pre-ordained it fo lo be ? Hath not God
* firft united thcfe two Kingdoms, both in Lan-
* guage and Religion, and Similitude of Manners?
* Yea, halh he not maiie us all in one I/land, com ■, •- paflcd with one Sea, and of itfelf, by Nature, fo ♦' indivifibic, 2$ almoft thoie that were Borderers
* themfelvcs on the late Borders,' cannot diftin-
* g"ifli> nor know, or difcern their own Limiu?
* Thefe two Countries being feparated neither b/
* Sea nor great River, Mountain nor other
* Sirength of Nature, but only by little fmali
* Brooks, or demolifhed little Walls, fo as rather
* they weie divided in Apprchenfiun, than in Ef-
* fedt J and now in the End and Fulnefs of Time
* united, the Right and Title of both in my Per-
* fon, alike lineally dcfcendcd of both the Crowns,
* whereby i: is now become in a liiUe World with •. itfelf, being intrenched and fortified round about
* with a natural, and yet admirable, ftrong Pond
* orDiich, whereby all the fDimeiFer.rs of ihisNa-
* lion arcnowqiiie cut off: The oiberPart of the
* Ifland being ever bjtore now, not only the Place
* of landing to all Strangers that were to make In- Valion here, but likcwif movud by the Enemies of this State, by untimely Incur'ion , to make inforccd Diverfiun trom ihi-'ir Conquers, for defending themfelvcs at Home, and keeping
*' (urc
L
16 The Tarliamcntary H i sto k r
_ jimeil. * **"rc tJjeir Back-Door, as then lE was callcJ, 1603, * which was ihe greatell Hindrance and Lett my
* PreJeccflbrs of this Narion ever got, in difturb-
* ing them from their many famous and glorious
* Ccnquefts Abroad : tyhatGcdhathemjoincd theu^
* Ut m Manfiparaie. I am the Hufband, and all
* the whole tfland is my lawful Wife ; I am the
* Head, and U is my Body j I am the Shepherd, « and ir is my Flock : I hope, therefore, no Man ' will be fo unreafonable as to think that 1, that am ' a Chtifti^m King under the Gofpel. (hould be a
* Polygamic, and Hulb.md 10 two Wives \ that I ' being the Head, lliuuld have a divided and mon-
* Ihous Body i or dial being ihe Shepherd of fo ' fair a Flock ('ivhofe Fold hath no Wall 10 fence
* it but the fourSeas) (hould have my Flock parted
* in two. But as I am affured, that no honeft
* Subjeft* of whatfoever Degree, within my whole
* Dominions, is lefs glad of this joyful Union
* than I am ; fo may ihe frivolous Objcdliou of ' any that would be Hindeicrs of this Work
* (which God hath in niy Perfon already elbiblifh- ' ed) be eafily anfwered ; which can be none, ex- ' cept fuch 35 are either blinded with Ignorance, or ' die [ranlported with Mahce, being unable to ' live in a welt-governed Common- Wealth, and ' only delighting to lifti in [foublcd Waters : For
* if they would ftand upon tJieir Repuiaiion, and ' Privileges of any of ihe Kingdoms ; I p:ay you, ' were not both of the Kingdoms Monarchies from ' the Beginning ? And, cotifequencly, could ever
* the Body be counted without the Ht;ad, vvliich
* was ever unfepaubly joined thereunto I So thu ' as the Honour and Privileges of any of the Kin^- ' doms could not be divi.-ied from their Sovereign j ' lb are ihey now 'confoundcti and joined in niy
* Perfon, who am equ.il and alike kindly Head 10
* both. Wlicii this IChi.Mom of E/igUmd w.is
* divided intj lo m;tn) p<.liv' ICingdums (as I (old
* you befortji one of ihcm c.ii up another, lill ^iiey
* were all united into One. And yet can iP'Ht' f Jbhe or Devsti/hire^ which were of ths H'efi-Sax-
* em
of ENGLAND. 27
ens (alihough their Kingdom of longeft Durance, ab> i. jaad i.
and did, by Conqueft, overcome divers of the •*°5. reft ofUic little Kinsdoms)make Claim toPriority of Place or Honour before Sujfx^ EjjiXy or oilier Shires, which were conquered by them ? And have we not the like Experience in the Kingdom of France, being composed of divers Duchies, and one after another conquered by ihe Sword f For even as lii:Ie Brooks lofe their Names by running and falling into great Rivers, and the very Name and Memory of great Rivers fwal- luwed up in the Ocean : So by the Conjundliou of divers little Kingdoms into One, are all thefe privaie Differences and Queftions fwallowed up. And iincc the Succefs was happy of the ^axsn Kingdoms, conquered by the Spear of Bellona ; now much greater Rcalon have wc to expefl a happy IHue of tins greater Union, which is only faftened and bound up by ihe Wed<iing-Ring of Aftnaf And a,<: God haih made Stctland fthc one Half of this Illand) to enjoy my Birih, and the firft and moft imperfeft Half of my Life; and you here lo enjoy the perfetSt and laft Half thereof : So can I not think that any would be fo injurious to me, no no: in their Thoughts and Wifhe^ as to cut afunder the one Half of me from the other. But in this Matter I have far enough infilled, refting afllircd, that in your Hearts and Minds you all applaud this my Dlf- courfe.
' Nowjhhough thefe Blcfiings (before rebearfed) of inward and outward Peace be greai ; yet iee- ing iha: in all good Th;ngs a great Pan of their Goodneis and Eftimaiion is loft, if they have not Appearance of Per(>ptuity or long Continu- ance : So hath it pleafed Almighty God to accom- pany my Pcrfon alfu with thai Favour, having healthful and hopeful Ifl'uc of my Body (whereof fome are here prcient) for Continuance and Pro- pot^acion of that undoubrcd Right which is in my Pcrfon; under whom I doubt nox hut it will picafc God to profper and continue for mmy
1 Years
An, I. James I. 1603.
7^^ Tari/amefttary HistoPvY
Years tliis Union, and all other Blefliiig.'! of I'n- â– ward and outward Peace which I have brought with me.
* But neither Peace outward, nor Peace inward, norany other BleiUng that can follow thereupon, nor Appearance o! the Perpetuity thereof, by PropagAtion in Poftcrny, are but wcrtk Prllars, and rotten Reeds to lean unto ; if G;jd doth noc ftrengihen- and, by th^- Staff of his Bieffing, make them duraole; for in Vain doth rhe Watch- man watch the Ciy, if the Lord be not the principal Defence thereufi in Vain doth the Builder build the I-Iouie, if God give not the Succefe; and in Vain {2s Pauhmh) doih Paui plant, and ^psl/cs water, if God g\vc not the Increafe ; for all Wordly Blcflings are but like fwift palTmgSharioWs, lading Flower?, or ChafF blown before the Wind, if by ihe Profellion of true Religion, nnd Works according thereunto, God be not moved fo maliitjin and fetOe the Thrones of Princes- And, although, thatftnce mine Entry into ihis Kingdom, Thrive both by meeting with divers of the Ecclcfiailicril Eftne, and likcwife by divers Proclamaiions c!e.ir!y de- cUred hy Mjnd in Points o; Religion; yet do I not think it amifs, in this fo lolernn an Audience, to take Occafion to difcuv r fomcwhat of the Secrets of my Heart in that Matter. For I fhall never (w"lh Gfxi's Grace) he afiiamcd to make public^' hofcffion thLieof upon :dlOccafions, left God {liould be afliJined of me betoie Men and Angcb -, cfpecially left at this 7'imc Men might prclume further, upon the Mii'-Knowledgeof my Meaninj;. to trouble this Parliament of ours than were convenient.
* At my firft coming, although! found bur one Religion, and that which by myfelf is profcJlcd, puolickly allowed, and hy ihe Law maintained i yet found I nno'her Son of RcI:gion, bwJides a private Scci, lurking within the liowels of ihis Nation. The firll is the true Religion, which by mc is profefled» and by Law is eftablilhed :
* The
0/ E N G L A N D.
25?
The fecond is, che falfly called Catholics, but ^^^ j^ t^^^ j^ truJy Papifts : The third which I call a Se6t ra- 1603. thcr than a Rcliirion, is the Puritans and Novc- lifts ; who do not fo far differ from lis in Points of Religion, as in their confufcd Form of Policy and Parity ; being ever difcontented with the prcfcnt Government, and impatient to fufFcr any Superiority, which maketh their Seda infuf- ferable in any well- governed Common- Wealth. But as for my Courfe towards them, I remit it 10 my Proclamations made upon thatSubjedt.* ' And now for ihe Papifts, I muft put a Differ- rnce betwixt mine own private Prnfeflion of mine own Salvation, and my politick Govern- ment of the Realm for the Weal -^nd Quielnefs thereof. As for mine own Profeffion, you have me your Head now amongft you of the fame Religion that the Body is of. As I am no Stranger to you in Blood , no more am I a Stranger lo you in Faith, or in the IWatters concerning the Houfe of God. And although this my ProiefJion be according to mine Edu- cation, wherein ( I thank God ) I fucked the Milk of God's Truth, with the Milk of my Nurfe : Yet do I here proteft unto you, that I would never for fuch a Conceit of Conftancy or other prcjudicaic Opinion, have fo firmly kept my firft Profeflion, if I had not found it agree- able to all Reafon, and to the Rule of my Con- fcience. B .t I was never violent nor unrcafon- ablc in my Profeflion ; I acknowledge the Ra- man Church to be our Mother Church, although defiled with fomc Infirmities and Corruptions, as the Jr^vs were when they crucified Chriji : And as I am nont Enemy 10 the Life of a lick Man, hfcaufc I wauld have his Body purged of ill Humours ; no more am I Enemy to their Church, becaufe I would have them reform their Errors, not wifhing the Down-thiowing of the T'emple ; hut that it might be purged and cleanfed from Corruption : Otherwife, How can they wifli us to enter, if their Houfc be
* not
, I. Jsmei I. 1603.
30 Hie Parliament an H i stort
not firft made clean ? But as I would be leather to dtfpcnie in the lead Point of mine own Con- icicncc for any wordly Refpeft. than the foolifheft Preciftan of them all , (o would I be as furry to rtraii the politick Government of the Bodies and Mind's of all my Subjefta 10 my private Opinions : Nay, my Mind was ever fo free from Perfecution or Thralling of my Sub- jects in Matters of Confcience, as I hope, that ihofe of that Profeflion within this Kingdom have a Proof fince my Coming, tha: I was lo far from increafing their Burdens with Rehoboam^ as 1 have lb much as cither Time, Occafion, or Law could permir, lightened them. And even now at this Time, have I been careful lo revife and confider deeply upon the Laws made againft them, that ibmc Overture may be pro- poned to the prefent Parliament for clearing thefe Laws, by Reafon, f which is the Soul of the Law ) in Cafe ihey have been in Times pall fuithfr, or more rlgoroufly extended by jLidges, than the Meaning of the Law, was, or might tend, lo the Hurt as well of the innocent as of guilty Perfons. And as to the Perfons of my Sub- ie(5b which Lire of that Prorefiion, I mult divide them into two Ranks, Clericks and Layicka ; for the Part of the Layicks, certainly, 1 ever thought them iar more excufable than the o- ther Sort ; becaufe thai Sort of Religion con- tflineth f^ch an ignorant, doubtful, and implicit Kmd of Faith In the Layicks grounded upon, their Churchy as except ihcy generally believe whatfoever their Teachers p!e.ire to affirm, they cannot bethoughrguiltyofihcfeparticul.ir Points of Herefiesand Corruptions, wiiich their Teachers do 10 wilfully profcfs. And .igain, I muil fuh- dii'ide the iame Liiiykks mto two Ranks \ that is, either qjiet and well rumdeJ Men, peaceable Subjetfls, who either being old, have retained their fiift drunken-in Liquor, anon a ceriaia Shamcfacednefs to be thought curious or change- able i or being young Men, thro* evil Education,
' have
O/'E N G
have never been rurfcd or brought up, but u-ah. i, jamwi pon iuch Venom in place of wholefomc Nuif'i- i^oi- mcnt : And that Sort of People, I would be fer- ry to punifh their Bodies for the Krror of their Minds, the Reformadon whereof muft only come of God, and the true Spirit. But the o- thcr Ranlc of Layicks, who, either itirough Curiofity, Affeftation of Novelty, or Difcon- tenimcnt in their private Humours, have chan- ged their CoatSi only to be fadlious Stirrers of Sedition, and Perturbers of the Common- Wealih; their Backwardncfs in their Religion giveth a Ground to me the Magiftrate, lo take the better heed to their Proceedings, and to corrc^ their Obftinacy. But for the Part of the Clericks, I muft direvlly fay, and affirm. That as long as ihey maintain one fpecial Point of their Doftrinc, and another Point of ihcir Praiftice, they are no Way iuffcrablc to remain in this Kingdom. Their Point of Doc^lrinc, is that arrogant and ambitious Supremacy of tht^ir Head, the Pope ; whereby, he no: only claims to be Spititual Head of all Chrtilians, but alfo to h ivc an Imperial Civil Power over al! Kings and Emperors ; de- throning and decrowning Princes with his Foot as pleafeth himj and dsfpcnCngand difpofing of all Kingdoms and Empiresat his Appetite. The other Point which they obfervs in continual Praflice, is the AfTafllnates and Murders of Kings; thinking it no Sin, but rather a Matter of Salvation, to do all AtSls of Rebellion anj Hoftility againft the'.r natural Sovereign Lord, if he be once curfed, his Subjedls diii:hiirged of their Fidelity, and his Kingdom given a Prey by that three crowned- Monarch, or rather Moofter, their Head. And in this Point, I have no Oc- cafion to fpcak further here ; faving that I could wifh from my Heart, that it would pleafc God ' to make me one of the Members of fuch a gene- ral Chriftian Union in Religion, as laying Wit- ' fulncfs afide on both Hands, We might meet in the Midft, which is the Center and Perfeftion
« of
An. I. JitMt : 1003.
L
The Parliamentary Historv
• ' of all Things. For, if they wouM leave, and ' be afiiamed of fuch new and grofs Corruptions of ' iheirs, as ibemlelve^ cannot maliii.^in, nor deny ' to be wbrtliy of Reformation j I would, for
* mine own Part, be content to meet rheni in ' the Mid- Way, fo that all Novelties might be ' renounced on either Side. For as my Faith is
* the true, ancient Catholicfc and Aportolick
* Faith, grounded upon the Scripture? and cxprefs
* Word oi God : So will I ever yield all Revc-
* rence to Antiquity in the Points of £cc]e/iaftic3l
* Policy 1, and by that Means, fliall I ever witli
* God's Grace, keep my felf from cither being an ' Heretick in Faith, or Schifmatick in Matters of
* Policy, B-t of one Thing would I have ihc
* Papitts of this Land to be admoniflied. That ' they prefume not lo much upon my Lenity ' fbecaufe I would be loath to be thought a Perfe-
* cutor) as tficreupoii, to think it lawful for them
* daily to incrcafe their Number and Strengih in
* this Kingdom ; whereby, if not in my Time,
* at leafl in the Time of my Poftcrlty^ they might ' be in hope to ereft iheir Religion again. No ;
* let them alTure ihemfelvcs, That, as I am a ' Fritnd to their Peilbns, if they be good Subje^s ;
* foam 1 an avowed Enemy, and dodenouncc mor-
* tal War to their Errors : And, thatasi wouldbe
* forry to be drii/en by their ill Behaviour from
* tht; Proiedtion and Conlcrvation of their Bodies ' and Lives ; fo wUi I never ceafe, as far 1 can,
* 10 ire^d diiWn their Errcrs and wronp; Opinions. ' For, I could not periTiit the Increafe and
* Growing of their Religion, wUhout Firfl. be-
* rraying of my felf and mine own Confciencc : ' Secondly, This whole I fie, as well the Part I ' iim come frcjm. as the Hart I remain in, in
* heir.iyinii their f.iberries, and red-.icing them to
* the former fl-.vifli Yoak, whijh both, had call ' o3 b;?fare I came amongft tiiem : And, Third- ' ly. The Liberty of the Crown in my Pofterity,
* which I IhouJd leave ag?iin in Slavery j having ' found it left free to me by my Piedeceflbrs.
Aad
I
0/ E N G L A N D. 33
And therefore, would I wifh all good Subjefts^iu i. James t.
That are deceived with tliat Corruption ; fir'ft, if' they find any Beginning of Inftindlion in them- felves of Knowledge and Love to the Truth, to foftcr the fame by all lawful Means, and to beware of quenching the Spirit that worketh within ihem ; and if ihey can find as yet no Amotion tending that Way, to be rtudtoua to read aiKJ confer with learned Men ; and to ufe all Juch Means as may further their Refolution, af- futiiig ihemlelves, that as long as they are dif- conform^blc in Religion from us, they cannot be but half my Subjects ; be able lo do but half Service, and I to want the beft Hulf of them, which is their Souls. And here have I Oc- cafion to fpeak to you my Lords the Bifliopg : For as you, my Lord of Durhamy fald very learnedly to Day in your Sermon, Coneilisn withsut Inflru^m^ is but a Tyranny ; fo ought you, and all the Clergy under you, to be more careful, vigilant, and diligent ih.in you have been, to win iioiils :o God, as well by your exemplary Xj'\(cy as Doiiilrine. And linceyou fee how care- ful they are, fparing neither Labour, Pains, nor extreme Peril of their Perfons to divert, fihe De- vil (3 lb bufy a Bifbop) ye fliould be the mote careful and wakeful in your Charges. Follow the Rule prcfcrlbed you by St. Paul, Be careful to fxbort 12nd ta iiffiru^ in Seafn and out $/ Sea- fin ; and where you have been any way fluggiOi before, now waken yourfelvea up again with a new Diligence in this Point, remitting the Succefs to God, who calling them either at the fccond, third, tenth or twelfth Hour, as they ' are alike welcome lo him, fo fliail they be to me, his Lieutenant here.
* The third Rcafon of my conveening of you at this Time, which cOntaincih fuch A<^tionsotmy ' Thankfulncfs toward you, as I may either da, ^ or leave undone, yet fhall, with God's Grace, • ever prefs to pcrlorm all the Days of my Life: ' It confifts in thefe two Points, in making of Laws Vot. V. C 'at
i6o3t
The 'Parl'taweJitiiry HisroB^r.
Ab. t. Junes li' at certain Times, which is only at fuch Times xfipj. * as this in Parliament, or in the careful Execution
* thereof at all other Times. As for the making
* of iheni, I will thus far faithfully promiie unto ' you, that I will ever prefer the Weal of the ' Body, and of the whole Common -Wealth, in
* making of g^^"^ Laws and Conftitutions, to any ' particular or private Ends of mine, thinking ever
* ihe Wealth and Weal of the Common- Wealth
* to be my greateft Weal and wordly Felicity : A ' Point wherein a lawful King doth direftly differ
â– from a Tyrant. But at this Time, I am only ' thus far to forwarn you in thai Point, that
* you beware to feek the making of too many
* Laws, for two efpecial Reafons : Firft, be-
* caufe In csnupt'iffma Rspubiica piurimts Le-
* ges ; and the Execution of good Laws 33 ' fer more profitable in a Common-V\''eal[h, than
* to burden Men*s Memories with the mak- ' ing of ton many of them. And next, becaufe
* the making of too many Laws ia one Parliament, ' will bring in Confulion, for Lack of Leifure
* wifely to deliberate before you conclude : For
* the Biihop faid well To-day, that to Delibera-
* lion would a large T'ime be given, but to Exe-
* cution a i^reaCer Promptnefs was required. As
* for the Execution of good Laws, it hath been
â– very wifely and honourably forefeen and ordered
* by my PredecelVurs in this Kingdom, in planting
* fuch a Number of Judges, and all Sorts of Ma- ' girtrates in cont'enit-Mit Places for the Execution ' of the fame : And therefore muft I now turn me « 10 you that are Judges and Magiftratcs under ' me, as mine Eyes qnd Ears in tliis Cafe. I can
* hy nont ofherwife to yoU then as Ezckun, the
* good Kin 3; of Jt/da, ftid 10 their Judges, R^- « member that the ThroHfiyouJit on are Ged's^. and ' neither yours itsrniinf : And that ag you muft be ' anfwcrable to me, 10 muft both you and J be ' anfwer-ibfe to God, for the due Execution
* of our Offices. That Place is no Place for you
* to uifef your Affcftions in, you muft not there
* faatc
hate your Foe nor love your Friend, fear the ^„_ ,_ ,^^^.^ Offence of the greater Party, or pity the Mifcry ' 1603. of the meaner ; ye mufl: be blind and not fee Diftindlions of Perfons, handlels, not to receive Bribes;. but keep that ju ft Temper and Mid- Coarfe in all your Proceedings, that like a juft Balance ye may neither fway to ihc Right nor Left Hand. Three principal Qualities are re- quired in you, Knowledge, Courage, and Sin- cerity : That you may difcern with Knowledge, execute with Courage, and do both in upright Sincerity. And, as for my Part, I do vow and proicft here in the Prcfence of God, and of this honourable Audience, I ncvcr (hall be weary, •
nor omit noOccafion, wherein I may fliew my Carefulnefs of the Execution of good Laws. And as I wifh you that are Judges not to be weary in your Office in doing of it j fo I (hall never be weary, with God's Grace, to tike Ac- count of yoii, which is properly my Calling. ' And thus having told ynu the three Caufes of my convtruningof this Parliament, all three tend- ing only to uuer my Th;inkrulnci5, hut in divers Forms, the firft by Word, the other two by Aiflion i 1 do conltfs that when I luve done and performed all that in this Speech 1 have promifed, Jnutilii Servuijum: Inutilt^ becaufe the Meaning of the Word inutilis in that Phice of Scripture iy undcrftood, that in doing all that Service which we can to God, it is hut our Due, and we do nothing to God but that which we are bound to do. And in like Manner, when I have done all that I can for you, I do nothing but that which I am bound to do, and am accountable to God U[wn the conrriry : For I do acknowledge, that the fpecLil and grcaieft Point of Dift'erencc that is betwixt a ligbtful Kmgandan ulurping Tyrant is in this ; that whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for Satisfaflion of his Dcfircs an<i unreafonablc Appetites; the righieaus and juft Ktne doth, by the contrary, acknowledge him- C 2 ? felf
The Tarliamefitary Histort
An 1 limes I ' fclfto be ordaincd fot ibe procuring of tile Wealth 1603. * arid Profperity of his People, and that his grcat-
* eft and princip:il Wordly Felicity muft conlifl in ' their Profperity. If you be rich f cannot be ' poor; if you be happy I cannot bur be fortunate;
* and I proteft that your Welfare Ihall ever be my
* greaieft Care and Concentment : And that I am ' a Servant it is moft true, that as I am Head and
* Governor of all the People in my Dominion ' who are my natural Vad'als and Subjedts, cQnli-
* dering them in Numbers and difttnft Ranks 5 io
* if we v'ill take the whole People as one Body and " Mafs, then as the Head is ordained for the
* Body, and not the Body for the Head ; fo muft
* a righteous King know hlmfelf to be ordained for
* his People, and not his People for him: For
* although a King and People be Rilata^ yet can ' he be no King if he want People and Subjefts. ' But there be many People in the World that ' lack a Head, wherefore I will never be afhamed ' locoitfefslt my principal Honour, :o be the great
* Servant of the Comroon-Wealih, and ever think ' the Prolperity ihereof to be my greateft Felicity, ' as I have already laid.
* But as it was the whole Body of this Kingdom,
* with an uniform AlTent and Harmony, as I told â– you in the Begixiniiig of my Speech, which did ' fo far oblige me in Good- Wilt and Thankfulnefs
* of Requital by their Alacrity and Rcadinefs in de-
* cbriug and receiving me to that Place which God ' hnd provided for me, and not any particular Per- ' Ions . (for then it h.id not been the Body) So is
* my ThankfuhiL'fs due to the whole State. For ' even as in Matter ot Faults, ^ad a muh'ss pecca-
* ttir, impune peccdlur: Even fo even in the Ma t- ' ter of virtuous and good Deeds, what is done by
* the willing Confent and Harmony of the whole
* Body, no parttcuUr Perfon can juftly claim
* 'I'hanks as proper to him for the fame. And ' therefore 1 muft here make a little Apology for
* myfelf, in that I could not fatisfy the particular ' Humours of every Perfon, that looked for fomc
' Advance-
0/ £ N G L A N D. 57
* Advancement or Reward army Hand, fircemyAm
* Enity into ihis Kingdom. Three Kird of Things
* were craved of me : Advancement to Honour,
* Preferment to Place of Credit about my Pcrfon,
* and Reward m Matters of Land or Profit. If F
* had beftowcd Honour upon all, no Man could
* have been advanc'd to Honour. For the De-
* grces of Honour do confift in piefcrring fome
* above iheir Fellows. If every Man had the like
* AcccfslorayPrivyorBcd-Chambcr,thcnnoMan
* could have it.becaule it caniiot contain all. And
* if I had beftowed Lands and Rewards upon every
* Man, the Fountain of my Liberality would be
* To exhaullcd and dried, ^s I would lack Means
* lo be liberal loany Man. And yet was I not fo ' fparing, but I may, wiihout vaunting, affirm, ' that I have enlarged my Favour in all the three
* Degrees, towards as many and muic ihan ever
â– King of England did in fo Ciort a Spr.cc ; No, I ' rather ctave your Pardon that 1 have been fo
* bountiful : For if the Means of the Crown be ' wafted, 1 behoved then to have Rccouri'c loyoii ' my Subjeds, and be burdenfome to you, whiLh ' I would be lothefl to be of any King alive. For
â– as it is true, that as I have already faid, it was a
* whole Body which did deferve fo well at my ' Hand, and not every particular Perfon ol the
People : Yet were there fome who by reafon of
their Office, Credit with the People or oiherwife,
' took Occafion both before, and at the Time of
my coming amongft you, to give Proof of their
' Loveand Affedlion towards me. Not that I am
' any way in Doubt, that if other of my Subjects
had been in iheir Places, and had had the like
Occafion, but they would have uttered the like
good Effe^s, [io general and fo great were the
Love and Alfedion of yuu all towards me:) But
yet this having been performed by fame fpecial
Peifons, I could not, without Unthankfulnefs,
but requite ihem accoidinjly. And therefore
had 1 juft Occafion to advance fome in Honour,
Ibme to Places of Service about me, and by re-
C 3 * warding
t. funo I.
1
38 The^arlsamcntary Histort
An. I. Jxmesl. < warding to enable fume wlio had deferved well
'5- • of tnc, and were not otherwife able to maintain
' the Ranks I thought ihem capable of; and other?,
* who although they had not particularly dcfer^'ed
* before, yet 1 found them capable and worthy of
* Place of Preferment and Credit, and notable to
* fuftain thofe Places for which I thought them fit,
* witliout my Help. Two efpecial Caufes movetl
* me to be fo open handed ; wheicof the one was
* reafonable and honourable; but the-other, I will ' not be afharaed to con fefs unto you, proceeded f of mine own Infirmity. That which w-xs juft
* * and honourable, was, that being fo far beholding ' to theBody of the whole State, 1 thought I could ' not refufe to let run Ibme fniall Hrouksout ofthe ' Fountain of my Thankfulncfs to the whole, for
* refreiliing of particuh^r Perfons ihat were Mern-
* bers of that Multitude. The other, which pro-
* ceeded outof mineownlnfirmfty, was ihe Miil-
* titudeand Iinportiinity of Suitors. Bat although ' Reafon come by Infufion in a Manner, yet Ex-
* perience groweth with Time and Labour: And ' therefore do I not doubt, but Experience inTime
* coming will both teach the particular Subje^sof
* this Kingdom, not to be fo importune and undif- *â– Crete in crsving; and me not to be fo eafily
* and lighily moved, in granting that which may
* be harmful to my Eftate, and confequently to
* the whole Kmgdom. * And thus having at length declared unto yoti
' my Mind in nil rhe Points, for the which I cal- ' led this Parliament : iVly ConcIu(ion Ihall only
* now be to excufc myfelf, in Cafe you have not
* found fuch Eloquence in my Speech, as perad-
* venture you mifiht have looked for at my Hands.
* 1 might, if 1 lift, aliedge the great Weight of ^ my Affairs and my continual Bufiiiefs and Diftrac- f tion, ihiU I could never have Leifure to think \ upon what l was to fpeak, before I came to the ' Place where I was to fpcak ; And I might alio *: alledge, that my firft Sight of this io femoug and ' honourable an Alianbly, might liktwifc breed
' forae
L
0/ E N G L A N D. sp
' fome Impediment. But leaving tbefc Excufes, An. i. Jameil
* I will plainly and freely, in my Manner, tell 1603.
* you the true Caufe of it, which is, that it be- ' Cometh a King, in my Opinion, to ufe no other ^
* Eloquence than Plainnefs and Sincerity. By
* Plainnefe I mean, that ]iis Speeches Hiould be fo
* clear and void of all Ambiguity, that they may
* not be thrown; nor rent afunder into contrary ' Senfes hkc the old Oracles of the Pagan Gods,
* And by Sincerity, I underftand that Uprightners
* and Honelty whiL-h ought to be in a King's ' whole Speeches and Adions: That as far as a
* King is in Honour ercflcd above any of his Sub-
* Jeds, fo far fh&uld he llrive in Sinccruy to be
* above ihcm all, and that his Tongue fliould be
* ever the true Meflenger of his Heart: And ihU
* Sort of Eloquence may you ever aflurcdly look
* for at my Hands/
The King's long Speech being ended, ihe Lord Chancellor made a fliort one, according to Form and Order j and, in the End, figpified his Ma- jcfly's Pleafure to the Commons, that they Ihould go and make Choice of a Spc.tker, and prefent him 10 the King on the 22d of the fame Month, or three Days after. Accordingly, on the faid Day, Sir Edward Philips^ Knt. King's Serjeant, W3Ss;,Ej^^p|,gi. brought up to the Bar of the Houfe of Lords, by lips.ttt.Sptikcr. fcvcral Knights and Burgeflea, as their Speaker, and, wiih the ufual Ceremonies, was allowed.
The yeurridls of the Hniife of Commons, for this, and all the fucceeding Parliaments, arc much more copious and circumftatnial than formerly ; therefore to take Notice of every Incident, would be endlefs. For the firfl Days of this Seflion, they are moflly taken up with regulating Elcftions, and afcertaining Privileges, tsfc. which we fbal! omit ; except the famous Cafe of Sir Framis Goodwin ai^d Sir Jekti Foru/a^., which muft find a Place in ihcfe Enquiries When any Thing clfc occurs in ihele Journals, not taken Notice of by the Lords, it - ihaJt alfo find a Place ; and, they begin the firft Par- liament
I
r
40 TbeTarltamentary Histort
Aa. 1. Jamcil. liament of this King with a very extraordinary «««3» preface; which, for the Rarity of ic> delcrves \\\- fercing.
Lunts, Martsi ig, 1603. After reciting the Time of the Seflion, with the King'sTiileSjdiff , it goes on in the followingManner.
_ LiCEAr PREFER L
RematkahicPK. T^ H E firft Frame of this earthly Body of a fiat to the Jour- J_ Chsos became a diftinft Eflence of Crea- nahof Thii Par- x,Mx&i. (h) Man, the moft noble by Nature* born pawxai, to a Law, out of rh:it gave Law to others, and to
himfelf. Hence Order, the Luftre of Nature, ' guided by a Firft EJTence, put all Government into
Foirm: Firft, In Two, who, by Procreation, ac- cording to the Rule of Power (Increafe and multi- ply) made a, Family, with One Head ; by Propa- gation, a Tribe, or Kindred, with One Elder, or Chief; by Multiplicaliun, a Society, a Province, a Country, a Kingdom, with one or more Guides or Leaders, of Spirit, apteft, orj of Choice, littcft, to govern.
This Divifion, forting irfelf into Proprieties, fell, in Parts of Right, greater and fmaller, to foire Tribe, Kindred, or eleQive Change of Perfon. f^idjjitudo RcfUffty the Herald of Time, doth war- rant this to be the true original Pedigree of Go- vernment; and, by a preferir Change, in our own Eyes, hath made the Demonf^ration more fubje^ to our Scnlc, by our Lofs of an excellent Princefs, by our Gain of a Succeflor, for eminent Virtue, â– nd Experience in Government, famous, and pcerlefsj leading us, by a momentary Fear, to a bctrer Sight of a permanent Happinefi: The Tafte and Comfort of %vhfcb Happincfs did firft entertain us bv iiis Majelly's Entry in Peace, by hjs Paflage wilh Acceptance, and by hJF Settling with Glory ^ and policy, wherein (his firft Moving bearing fome Rcfen^blance of a new World) his firft Care was, 10 rc-crcaie and renew his Laws, the Life uf Go- vernmeiii, by the greatcft Council of the King- dom, (kj riom ihe itfiotcd Journtihof xMfi Cosunonij p, im.
>
0/ E N G L A N D. 41
dom, the High-Court of Parliament j which, be-J^n, ,. jKncii7 ing compounded of the three Eftates (the Body 1603. Rcprelentativc of this Common -Wealth) was, of Cuftom, and, in a manner, of Neceflity, to be ailerobled at the City of tyejhmnjier^ adjoining to the City of L$ndon, the Metropolis, or Mothcr- Ciiy, of the Kingdom: But, becaufe thofe Cities, as likewife many other Parts of the Land, were at that Time, and long after, overfpread wiili a dan- gerous Contagion of Feitilence, the Summons of that Aflembly was deferred until ihe One-and- thir- tieth of y^wK^jry, 1603, next following: At which Time, the Heat of ihat great Sicknefs abating, his Majefty, by the Advice of his Council, gave War- rant, under his Signature, to the Lord ElUfmerf, Lord Chancellor of England, 10 fend forth Writs of Summons, directed to the Lords Spiritual and Temporal, and the Commons, of this iCingdom : But,
We ftiall omit the Form of the Writ in the yournali and fome other Ceremonies, and pafs on to the Speaker's Oration made to the King, on his being confirmed in that Office, which the fame Authority gives us in thefe Words :
Mofi renffwntd, and of all other vioji worthy ta hi admiudy Sovereign:
* A S the fupieme nnd all-powerful King ofxhe SpcaJcw's
* l^\^ Heaven hath created Man to govern hisOnttan to the
* Works, (o did he depute terreftrial Kings, iii*^'''^- ' whom his Image was, to govern Men ; but yet
» fo, as Hill to think, that they chcmfelves are but ' Men: And to thiit End adorned them with three
* Imperial En/igns of Honour i a Crown, a Scep- ' tcr, and a Sworo â– , commanding to the Crown
* Reverence, to the Scepter Obedience, and to the
* Sword Fear; Wherewith, in his divine Diftri-
* bution of Kings and Kingdoms, he hath magni-
* ficd and invclted your facred Perfun, in the Im-
* petial Throne of ihis moft victorious and happy
* Nation, wherein you now do, and Nejicr like,
* long may, fit ; not as a Conqueror, by the Sword, ' but as an undoubted Inheritor, hy the Scepter;
' not
r
c
arltantcntary Histort
An. z. JatHrt I. ' ^^^ 25 a Stepfather, by Match or Alliance* hut jfoj, * as a true tender ^Father, by Defcent of Na- ture, to whom we your Children are truly natu- ' raHzcd in our Subjeftion, and frotn whom in our ' Loyalty we expedt unto U5 a piternal Proteili â– ' on: The Ark of Government of which King- ' dom hath ever been fteercd by the Laws of the ' fame; and ihefe diftributcd to the Juril'diftion of ' ieveral Courts of Juftice; the Commanding and ' Imperial Court whereof is ihis your Majefty's
■Great and IKgh Court of P-irliainent J by whofc '• Power only new Laws are to be inftituted, Im- ' perfe6l Laws reformed, and inconvenient Laws
â– abrogated; whofe Jufticc therein js fuch, and fo ' abfoliite, (hat no Ibch Laws can either be infti- ' tuled, reformed, or abrogated, but by the Unity
of the Commons Agreement, the Lords Accord, ' and your Majcfty's Royal and Regal AiTenr ; on- ' ly to your Highnefs's Prerogative Nullity, by
â– your own Difaflent tp their Conclufions, belong- eth; for that this Court itanderh compounded of two Powers ; the one ordinary, the oiher abfo-
' lute: Ordinary, in the Lords and Commons Proceedings; bur in your Highnef:!. abfoluie, ei- ther negatively to fruftrate, or affirmaiively to confirm; but not to inftiiute. The Body of which Court or Council of Eftate confifteth of two Houfesi the one, the Lower Houfe of Par- liament, the Members whereof arc the Knights of Shires, and Burgefles of Towns and Corpo- raiioiis ; the other, the Higher Houfe, framed of the Lords Spiritual and Temporal; The per- fonal Attendance of all which particular Mem- bers your Majelty, by your Prerogative Royal, hath now commanded; and accordingly your dutiful and loyal Subjedti, the "Knights and Bur- gefles of the Lower Houfe, h.ive therein prefeni- cd ihemfelves, and, atifwerable to the antient Privilege of that Place, and your gracious Li- berty and Favour to them vouchfafed, the better thereby to avoid the Inconvenience of Parity, the M,other of Confufion and Enemy to Unity,
. . * have
Of
G LA N D. 43
have nominated my worthlefs Self their unwor-An- »• >ni«] thy Speaker; wherein although their AffeiSlions °^'
and Loves (the Abufes of true Opinion and Judgment^ have 1n ihis mifguided their former known and approved VVifdoms; yet it rcftcih in your Regal' Power, either to breathe Life, or pronounce Death to this tlieir yet unwarranted Nomination. Give me Leave therefore, mod prudent and deferring Sovereign, lo appeal from their mifted Opinions, by the Mifguide of their Favours, to your approved Juftice and Judg- ment i and rather therein to blemifh my defedlivc Self, by layin;/, open my fecrel Imperfc(^ion5, and thereby endamaging only mine own particu- lar Private, than to deceive their Hopes (being * of mc but waking Dreams) and wrong the Weight of this fo great and important public Service y which requireth to be managed by the ablblute Pcrfedion of Experience, the Mother of Prudence; by the Profoundncfs of Literature, the Father of true Judgment j and by the Ful- ncfs and Grace of Nature's Gifts, which are the ^
Beauty and Ornament of Arts and Adlions ; from the Virtues of all and every whereof I am fo far eftranged, that not tailing of Parnajfus*% Sprkigs at all, nor of that Honey, left upon the Lips of Plato and Pinddrui by the Bees, Birds of the Mufcs ; as I remain touched with the Error of the contrary, and thereby am difabled to un- dergo the Weight of fo heavy a Burthen, under which I do already groan, and {hall both faint and fail, if not by your Juftice disburthencd, or by your Clemency commiferatc. I There- fore, proftrating raylelf at the Foot of your Ju- ftice-feat, do implore my Difcharge; not moved thereto by any co!d Humour to your Highnefs's Service ffor therein I rather chufe to be coaled by Death, than by Wane of Will to neglect tfie . fame) but only through the froll bitten DefeOs of mine own Imperfections; which if they could be repaired w.th Mina's true Zeal to effet!^ that, >vhich my Heart deiircLh, thcA i-ifc brcatbcth'
' • ■^ m
The Tarliamentary History
An" J»nies T. ' "'^^ '" *^^^ Body, who more longelh to employ 1603. ' ihc fame in all Duties, ihat may to your Majdty
* be ferviceable, or to your Highnels acceptable. ' Notwithftanding, as your devoled Subject and ' Servant, I onlv and wholy rubjedt mylelfj my ' Stale, and Life, as the true Subject of yourgra- ' cious Pleafure; defiring not longer lo live, than ' fo to live, ibat my Breath and Life may breathe ' out to your Miijefty Lovahy, Faith, and Obe-
* dience, whereof my Life and Deaih fhall be my
* Pawn and Pledge/
Here he ftopp'd; but being told by ibe Lord Chancellor that the King would not excule him, but Confirm the Eleftion of ihe Commons j he then proceeded.
' T F a divided Mind may frame a well-joincd ' JL Anfvver, then may I fay. Too much, more ' than too JLiftly, may your Majefty contemn my ' Wants, but never condemn my Want of Duty :
* For, although in this Place of Employment ' ^now commanded) I ought, and do, give Pie-
* ccdcncy to many, yet to none in my Will to do ' you Service ; for therein my Zea! fhall ever re- ' lemblc the Fire, hot, and yet trembling ; hot, ' in my Defire to difcharge the full Meafure of my ' Duty ; but, Pifandcr like, trembling, in my ' Fear^ left, through my Imperfei^tions, I fail in ' that, which I fhould perform. My Courfe of ' Life hath not been much conTerfani in the Study
* of Arts, which might make me fpeak fcripta vel
* fculpta, as Demoftkcnes wilhed j nor m the Poli- ' cies of State, of which a Subjcdl to hi? Sovereign
* muft fpeak breviter aut fuav.tev \ but in the Pro-
* feflion and Praftice of the Laws, which are Ner-
* vt RepiMciS es Ligament a^ the Bends and Sinews ' of this Kingdom j which yield more Fruits of
* Rcafon, than Words, the Buds ot Art, and blof- ' fuminy; Terms of Eloquence: And therefore to
* confine myfelf within the proper Element of ray
* Profeflion, and not to aim and Inatch at Things
* be-
* beyond my Reach ; be pleafed, of all others moft An. i. James i
* renowned Sovereign, m few and unfiled Words, »6o3.
* to entertain with your gracious Afpcft a compa- â– rative Rcrembkncc between a Body by Nature,
* and the Body Politic of this your Majefty*s
* Common-Wealth, figured and drawn out of the
* Rules of Law; whereof, as the natural Body of
* the one is fraraeJ of four principal Parts, namc-
* \y, of a Head, of a Body, of a Life, and of a
* Souli lo is the Politic Body of the other cora-
* pounded of like Four eflential Members ; as of a ' Head, of a Body, of a Life, and of a Sou) :
* And as, by the Disbranching of any one Parlicu- ' lar from the natural Body, ihe Perfection of the *
* Whole is diflblved ; fo, by the Hifmembring
* from the Politic Body of any one of ihc Four ' Poliric Parts, the Glory of the Whole isdilroot-
* ed. This Politic Head now is (and we all, with
* one zealous and united Devotion, pray, long and
* long may be) your moft honoured and beft defer-
* ving Self; this I*ody Politic now is, and Hill de- ' fire to be, your loyal and faithful Subje£is ; this
* Politic Life now is, and fo wei! dcferves to be, ' your Highnefs's common and pofitiveLaws; this
* roliiicSoul now is, and lo of Neccfljiy muft be,
* your abfolute Juftice in the true Diftribution of
* the fame. And as the natura! Head of the one
* (altliough the Prince, and dircfting Part of ihe
* Whole) cannot be lupported without his natural
* Body, nor the natural Body without his natural
* Life, nor tlie natural Life breathe without the
* Soul 5 no more can the Politic Head of the other ' (although the fupreme and commanding Part) ' ftand fecure without his Subjcifls, being the Poli-
* lie Body, nor the Politic Body without his Laws, ' being his Politic Life, nor his Politic Life with-
* out his Politic Soul, being Execution. And as
* the natural Body of the one is fubjcil to the Im- '
* perfedlions of Nature, and, in bell Health and
* Fulncfs, iindeth leaft his Danger i fo, in Peace
* and Plenty, is the other fubjeCt to Enormities of
* Mifguide and Errori which made good Laws
' fpiing
46 The Tarliawentary Historv
An. I. Jama I.* Tpting out of bad Manners; for if Difcafcs were »6o3. ' not, there needs no Medicines ; nor Ul'e of Laws,
* but for Reftraint of Evi!s. The natural Head's
* Providence protedeth the Body !rom grofs Dif-
* eafcs, and difcreet Forefight preventeth Afier-
* claps of Danger i fo the Wifdom, Prudence,
* and good Guide of the Politic Head, is the fo-
* vereign Prefervative againft the intedtious Poifon ' of Difcord and Diforder : And as 10 each Part of
* the nauiral Body belongeth divers, feveral, and < divided Duties »nd Offices to be performed ; fo is
* (or ought to be) every Pait of the Poliiic Body
* attended on wiih Four particular Vinues and Pro-
* perties: As, to the Head there belongeth, firft, ' Zeal in Religion, whereby Gud may be truly ' honoured i fecondly. Prudence in conftitutirg ' Laws, whereby the Body may be rightly gover- ' ned; thirdly, Magnanimity, to repel the Fury, 'both of Foes and Fortunes; founhly, Juftice, ' tempered lo with Mercy, whereby the well-dif-
* pofed may not be drawn to prefume, nor the rafli ' and negligent Delinquent driven to Defpatr: To
* the Body* firft. Devotion, to pray for the Safc- ? ly of fo precious an Head ; leccndly. Minds and
* Wills to obey him in all faithful Loyalty ; ihird- ' ly. Hands and Hearts, as Brethren in Unity, to ' fight againft the common Enemy in Defence of ' his Royal Dignity; fourthly, Purfes prepared and
* open to fupply the neccflary Occafions of his So- ' vereignty : To the Lile, being the Law, belong- ' eth, firil, to inform you oar Hrince, how us your
* Subjedb to command j fecondly, to direct U3 your ' Subjects, how you our Sovereign to obey ; third- ' ly, lo inftrufl: your Highneis's Magiftr:ites, and
, * Officers of Juftice, wiih Knowledge how to ad- fc ' judge ; fourrhly, to teach your Minsflers of Go-
* vernment the Mean and Manner how to difcJ- 'pline; for Ignorance of Laws brings Error in
* Judgment, and Error or Conuplion in Judgment
* is the very Plague of the Innocent: The Soul, ' being Execution, requireih, firft, lo preferve the
* Aulhoiity of Laws from Contempt ; fecondly,
* to maintain the Power of Government in his ab- ^^^ ^ .
* foluie Virtue i thirdly, to proieil the Opprcfied ' 1603.
* from the Tyranny of Opptcfllon; fourthly, to
* corrc^ the Opprefibrs with the Sword of judicial
* Ccnfurc, that your Laws may not be Cobwebs
* to punifh little Kites, and let ihc great efcape i
* for Lenity and Gemlcnefs to fuch fo bad, h no-
* thing elfc but Cruelty to them that ate good. A
* Body of thefe Mixtures, thus compounded, is
* both to the Prince and Subjedls in Earth, and all
* earthly Things, Summum Bmum, Vox the firft
* /our Virtues of ihi: Head God is honoured, the
* People governed, Enemies are repelled, Juftice
* without Tyranny, and Mercy without Remi(lhc6
* didributed. By the fccond Four Duties of the
* Body, the Head is fecured. Loyalty performed,
* Royalty defended, Sovereignly in Wars maimain-
* ed, and in Peace adorned. By the third Four
* Properties of the Life, being the Law, Cora-
* mandments are rightly commanded. Obedience
* is truly yielded, Judgments with Knowledge aic
* pronounced, Executions without Error executed.
* ^y the lafl. Four Offices of the Soul, ^eing Exe-
* cution, you fliall find Laws in Authority prcier-
* ved. Government in his Virtue maintained, the
* Oppreflcd flrongly, yea, gracioufly, protefted,
* and the Opprellbrs fharply and worthily correft- .*cd. And if any Kingdom and Body Politic
* might appropriate the Pcrfcdtion of this fo blefled
* Happinefs to ihemfelves, it is we, now your Ma-
* jelly's Subjefls, in our late deccaled Ibvereign
* Queen, and in you, our liege and living King :
* For fuch was the Virtue of her princely Regi- ' ment, that, as living, {lie lived, of her Sex, the ' Wonder of her Time i fo, now dead, fhe liveili
* a true Mirror to all fucceeding Ages. For that m
* her Religion flic was zealous, without Wavering ;
* in her Counfels wife, without Levity ; in her
* Detcrminings deliberate, without Rafhnefe; in
* her Rcfolutions conftant, without Mutability; in
* her Juftice abfolute, without Cruelty ; in her
* Mercy temperate, without carelei's Remiflhefs;
*ijj
'amei I.
An. I. Janes I. 1603.
The Tarliamentary History
' in her Choice of Magiftrates of Juftice, and Of-
* ficers of Attendance, curioufly refpeflive, with-
* out fudden AdmifTion; firft, trying their Deferts
* by the Tcuchftone of her Council's Cenfure ; ' and, fecondly, approving them in the Fire of the ' Worth of their own Virtues, and not by the ' Value of their own corrupt-given Rewards; mif-
* liking fnaky Ambition, that winds itfelf into ma-
* ny Figures* till it Jlide into the Room which ic
* defircsi bu: ever condemning it as an Evil of dan- ' gerous Confequence, to place worthleis Men m ' worthy Places; foreknowing, they that want true
* Sufficiency to raJfe themfelves, will make them a ' ladder of any Mifchief: Secondly, as aThing
* to herfelf diflionourable, unlefs with Virtue fhe ' held the Scales, and weighed their Deferts in the-
* Balance of Honour: Thirdly, to her Subjetts in-
* tolerable, to impofe, cr fuffer, in Place of Juf-
* tice, a bribing and corrupt Magiftrate: And laft-
* ly, to the Government of the Eftate Ilie efteem-
* cd ihem the Rocks of Government's Reproach, ' the Quick-fands of true Juftice, and the Whirl-
* pool of the Common-VV^ealth's Decay; whcre- ' in, if in oughr mifled by the Error of Informa-
* tion Cfrom which the King of Heaven only, and
* no King on' Earth, is free) theirs, and not. her's,
* was the defervcd B!ameof that Offence; whofe â– Example therein, being dead, if in ought fo mif- \ guided, liveth to the Living a lively Admonifli-
* cr, both to abhor and abandon temporizing
* Smoothers, Miitchiivilian Politiquers, and cor-
* rupt bribing Informers, as the venemous Poifon-
* ers of Viiiue^s clear Fountain. By which, and ' many other her princely Governments, we, her 'People, loved her with our Henrts true Love; ' obeyed her with Confcience, not by Conllraint, ' feared for her, never feared by her ; prayed for ' her with the Spirit of Faith ; and lived to die for
her in all conftant Loyalty. The fame Love, ' the fame Obedience, the fame Fear, the fame
* Faith, and the fclf-famc Loyally, we ftiU retain, ' and faithfully, coiiftantly, and reiigioully profefe,
* proicft.
0/ ENGLAND.
49
proteft, and prefent to your moft facrcd M^jcftyi ^n. i.*hmeil
â– lefolving ourfelves, that, as by Nature, yoa both
* defcended from thit blcffed Root of Union, un-
* der whom, by whom, and from wliom, flic did,
* and your Majedy now doth, wear and bear the
* Imprrial Crown and Scepter of rhis thrice blefled « Monarchy; that, as fhc did, (o your Majefty will ' bud the like or greater Fruits of I'uch a Sohmcn,
* and fo heroic a Root; whereof your Zeal in Rc-
* ligion, your unblemiflied Couric of Life, your
* Precedence before all other Prince? in divine and *
* moral Literature, your Tcmperdnce in Dilpoli-
* lion, your Juftice in your Judgments, your Mer- ' cy to Delinquents, and your approved Magnani*
* mity in Dangers, thefe all give us Aliurance, that ' we have but exchanged our cxquiliie Queen for ' an abfoluie King; And if Succefs of Ends may
* be foreknown by their Beginnings, and Conclufi-
* ons approved by the Premifes, then may I conclude,
* that never were f^) more blclFed ia ihcir King, ' nor King more beloved and happy in his People :
* For fuch, and fa high, was and is our Efteem
* of your princely Defcrts, and fuch, and fo great,
* dkl and do we value the Price of yoi;r eminent
* andunmatchablcPcrfe<5tion3, that without Hearts
* grudging, Minds murmuring, or Thoughts dif-
* content [fomc few inipoftumed Pcrfons, now dif-
* vomited, excepted) you wear, and long may ' wear, the Imperial Crown of this right powerful « Kinpdom ; whole People your Msjelly fiiall find,
* by ProfclTion, to be religious, without faniaftical
* Curiofity ; by Nature, to be refolute, without
* Infolcncy i by Subjection, lo be loyal and faith- ' ful, without Treafon or Treachery j by mode-
* rate Difcipline, to be tradable and obedient, with-
* out Rrfwliion i and by Law and Authority only
* to leek, to right their Wrongs, without lieacher-
* ova Revenge, or public HoiUlity ; and yet, in-
* ter Pans, impatient of Bafencls and Servility. » yura regalia ihcy ufurp not ; but to the Crown
* they do their Reverence, to the Scepter their O-
VoL. V. D • bedience,
(h) $U Ori;g,— .Bui the V^W'i Petfh fcnm to W oniftcd h»rt«
1603.
^am
The Parliamentary Histort
An. 1. Imc) l,« bedience, and ihc Imperial Sword they only fearj
' ^^' * whereby this Day, that, lo fon^i^n Enemie;;, and
' domellical Dilcontents, was (ill Mens Hope, and
* good Mens Fear) to be the Day of Blood, is
* now become ihe Day of England's fettled Peace,
* and joyful Safety j and may well be faid, This is
* the Day that the Lord haih made, lei Etigland ' rejoice and triumph in ir : For that Virtue is now ' no Treafon, nor no Man wi{heth the Reign of ' AuguJIuSi nor fpeaketh of the firft Times of 77- ' beriui. And although ibme fiery-fpirited Detrac-
* tors, very f-iult-finding, and yet very faulty, have 'derogated from Princes Regiment, from States ' Government, from Senates Infegrity, from Jud- ' pes Juftice, frgm MagiftratesDifcipIinc, nnd from
* Commons Obedience; yet foregoing Time, and ' your Majcfty's prefent and future Trial, (hall ap- ' prove it a Regiment never more renowned, a ' GoTernment never more conftantly fettled, a
* Senate never niore juftly wife, Jmiges never more
* judicially juft, Magiftraies never more refpcLtive-
* ly vig'lant, nor Commons never more loyally
* obedient; and although, as Men, fubjedl to the
* Imperfe^ions of Men, yet, from Hands and
* Hearts Corruption, as free from deferved Accu-
* fatiori, as fuch traducing Earwigs are guilty of
* Condemnation. And bad your Majefty, before
â– your princely Arrival, been an Eye and an Ear- ' witnefs to the prudent ;ind provident Dlreflions
* and Endeavours of the then Council of Efbie, ' of the regardful Employment of the Nobility, of ' the vigilant Circumfpc'dtion of the Officers and
* Minifters of Juftice, and generally of the loyal ' Conformity and Obedience of the Commons, nil
* in their fevera! Ranks endeavouring, and agreeing, ' with Hearts true united Conlcnt, to your High-
* nds's Inltalment; you then would, out of your
* princely Judgment, rather have approved il a free
* Election, than a defcending Ria;hli wherein ihcy
â– expreflcd their Judgments in your undoubted Ti-
* tic, manifefted their reverend Refpeds to your
* high and admired Virtueaj and approved their
'Ley-
* Loyally to your approved Crown and Scepter, j^^
* And although the Policies of precedent Time
* did forbear the public Declaration of your then
* luture, and now preient Right ; yet was both ihe ' Head and the Body fo far Jroin Purpofe to im-
* peach the fame, that confidently I believe, and
* boldly dare affirm, that nciihei ftie, nor they,
* ever thought Thought, or dreamed Dream, "to
* offer Wrong to your Succeflion therein ; but as
* the one was in Policy forborn, i'o in Confcience
* the other was never purpofcd. And now, fince
* God, towhofe only Prerogauve ihe Inlhroni^ing
* and Difthronizing of Kings apperiaincth, hatb»
* by the Setting of her Sun, raifed and fpread the
* Beams of your Glory •, and by calling her to
* his heavenly Service, hath freed her from her
* temporal Regiment; and hath, out of his divine
* Providence, crowned you witii the fame Crown,
* blefled you with the lame Religion, enriched you
* with the fame Dominions, and firengthned you
* wiih the Hearts of the felf-fame Subjefls and
* People ; that, as (he did, fo your Majelty will be
* pleafed to protect us in our Religion, to favour
* us in our Loyalties, to cherifh us in our Obedi-
* ence, and to nourilh us in our faithful Subjei^i- ' on. And as to her, fo to you, vve faithfully pro-
* ftratc and fuSjeit ourfekcs, our State, and Lives,
* to be dilpolisd and facrificed for and in your Ma-
* Jcfty's Services rclijiouily praying, that your ' Highnefs's Goverrmenl, and our SubjeOion, may
* be to God pleafing; to you, our Sovereign, ab-
* folute; to Enemies and Traitors powerful and
* fearful; and to all true devoted Subjedts fruitful
* and comfonablEt Then (hall God be glorified,
* your Majifty renowned. Religion advanced,
* and your State and People lecured from PcpfS
* Curlings, Enemies Oppreffions, and Traitors
* Treacheries ; whcrcunio all true Englijh Hearts
* fay, ^Pien. And thus being by the Rules of Dif-
* crction foretold, that to offend your (acred Ears
* With multa^ fince to iatisfy your gracious Expec-
* lation with muUum is denied me, were an Error,
D 2 'of
t. Jutit:!
I. Jamet I.
1603.
ja 7ho Tarlsamcutary History
of Errors the moft erroneous: Therefore, fincc I retain not the Virtue of the one, give me Leave,
* moft magnificent Sovereign, 10 prevent the Er- ' tor of the other ; and in thefe ^^w Words, be ' plcaled to receive as much as can be conceived,
* may proceed from a Man and Mind, truly and ' wholly oevoted to your Service; who defireth no ' longer to breathe, ih:m (q to breathe, that his ' Breath may breaihe out to your Majefty Loyalty, ' Faith, and Obedience, whereof his Life and ' Death fhall be his Fawn and Pledge: Who here, ' u\Hin the Knefs of my Duty, in all Humility,
* do prefcnt 10 your gracious Confideration five
* Petitions; the Benefit of three whereof are pe- ' culiar IQ mine own Panicular, the other two to ' the Knighis, BurgefTes, and Members of the
* Lower Houfe of Parliament.
* The firft whereof is. That if, in your graci-
* ous Eyes, Ears, or Judgment, during the Time
* of this mine Employment and Service, I liave^ ' do, or fhall, through my Imperfc£lions(which al-
* ready appear to your Majcfly to be too too many) ' cither in Manner, Fortn, or Matter, iiegledl that,
* which I ought to have performed, or err in that, ' which I ought not 10 have done, that your Ma-
* jefty will be plealed, out of your Clemency, ra- ' thcr to coxnmlfer.ite the fame, than out of your
* Jiiftice therein to correft my unwilling commit-
* ted Errors.
* Secondly, That if any, by private Informa- ' lion, endeavour to poflel's your facred Ears with
* M:itter of Bkmilli or Deiraflion concerning my
* Caurfe of Proceeding, that your grjcious Cen- ' fure thereof may be fufpcnded, until, by your
* Pleafure, I be called to my Trial, and your Judg- â– * ment: For thai many Things may be either mif-
* carried, or mifconceived, in Caul'es of this Nature-
* Tiilrdly, Th:it, as Occafion (hall move, I may, by your royal Favour, be permitted Accefs
' to your princely Prefcnce, in Places and Times
* convenient, for fuch Negotiations, as the Duty ! of my Place fluli require.
Fourthly,
O/^ ENGLAND. 3^
* Fourthly, ♦«»****♦** An. i. JaaiwT
Whnt followed is omitted in the Jmrns}s: But '^°3- it could be no mure than the common Form of aflcing for Liberty of Speech, i^i. which, as ufual, was granted by the King, ivlthnut thi cautionary Kejirieibm ufed in the lall Reign {i).
The firft Thing the Commons went upon, ■when ihey were got to their own Houle, was, to examine into a Complaint, then made, by Sir/irr- *■hert Croftu one of tlieir Members. It fcems ihis,';'^"^*^"'' Gentleman, coming up with others to hear the King*s Speech, in the Houfe of Lords, had the Door (hut upon him; and one Bry&n lajht^ a Yeoman of the Guard, violently repulfed Sir/Z^r- htrt^ faying, Gsadman Burgefs you C7we nit here. This was refented as an Affront to the whole Houfe ; and it might have proved vexatious, 4iad not one of the Oftcers of State made up the Mat- ter ; fo the Houfe was contented with 7ajbc\ ac- knowledging and alking Pardon for his Fault, and receivtnga Reprimand fro nitheSpeaker, on hisKnecs, at the Bar for it.^— But to begin with the Lords.
The firft Bill that was brought into their Houfe An a^ for rr- bore this Title, ^ msfl joyful and jufi Recognition '^'^v-^^'^^-t the «/ the immediate, lawful, ond undoubted Succeffim^ '^'"»'" Title. Defcenti and RigH of the Crown. The next Day this Bill was read a fecond Time and ordered to be engrofied ; and the Day after it pafled the Houfe of Lords, and was fent down to the Commons, by an extraordinary Com million, viz. ihc t^vo Lord Chief Juftices, two Judges, Mr. Scijeant Ct»^k and Mr. Attorney- General. The Houfe of Com- mons were no lefs eager to pay their Complements lo their new King; for, March the 3irt, we find this Entry iri the Lords Jsumah, * This Day the
* Bill intituled an Aft for a moft joyful and juft â– Recognition, ^t. was returned to their Lardfhips
* from the Lower Houfe, by the Hands of Mr.
* Secretary Herbert^ accompanied by the moft Part
* of the Knijhta and Burgefles of the faid Houfe,
* who (ignified their joyful Acceptation of the faid
â– D 3 ' BiU,
0) See Vol. lY. p. 349» ¥>t, 4»T'
Wflfon'8 Re- mit its chcrcoji.
* giving ihree fcveral Re ' as they received it/
The particular Writer of this King's Life was one Arthur H'tlfsn^ Efq; the beil Edition of which is printed in KennH's Hiftory of England^ with ihac Prelate's Notes upon it. In one of which, ihe Bi- ihcai reprefents h;ni as a prejudiced Writer, if not a rancorous one, againft K ing James ; another Au- thor fays, tliat he was moreaSatyrift than an Hifto- rian [k) : But, as this Author, like many others, is very Ihori in his Account of P.irliamentary Pro- ceedings, th^re is little 10 be extriided from him to our Purpofe. In the Courfc of the whole Parlia- ment now before us, IVilfin takes no Notice of any one A61 but the foregoing ; on which, ha makes the fcllowing ReBcftion (^J.
' The Parlianienr, highly admiring the King's ' Abilities, made a Recognition thereof with many ' Etogies, as the piime A6t of iheir humble Sub-
* miffion to his Government. Wherein, they
* yield their moft humble Thanks to the divine ' Majefty for his Accefs to the CrOwn. And they
* deiite from their Hearts, as a Memorial to all ' Pofterity, it may be publifhed, and declared, and
* remain amongft the Records of the High Court
* of Parliament for ever to endure. That they ac-
* knowledrre his Right of SuccefTion to the Crowft ' of Etigkmi and the Empire thereof i and there- ' unto they faithfully fubmit and oblige themfelves,
* their Heirs and Pofterities for ever, until the laft ' Drop of their Blood be fpent. So high mounted
* was (he All't.d^ion of the People lo the King; ' and, hiippily misrht have continued fo, if fomc
* Afier-Jealoufies had not intci vened»- that lite ■Clouds hindered the Influence of their more in-
* tim:ite Correfpondence-'
Thus far Mr. IVilfun. But, in order to fhew, more clearly, the Senf.'ot an £i>^/</A Parliament, and therein of the whole Nation at that Time, who
arc
(4) Fu&r^a Chiireh Hifi. BockX. p. <;7.
^iJ K<Kset*i Ilijl. of En^lami, V^l. U p. 671.
0/ E N G L A N D. ]s
are and ever have been fond of Changes, we fhalJ ^n. i. Jmb« t. fubjoin ihe Preamble to the Ait JKelf, as the beft 1603. Teftimony of ibeir full Acknowledgment of this King's Title to the Crown {m).
Great and mamfsld were the Benefits^ mofi dread and mofi gracious Snieretgn^ whereivith Almighty Cod bleffed this Kingdam and Naticny bv the haipy "Union and Canjun^isn of the ttvo noble fbujh of York and Lancaftcr, thereby preferring thii ncble Realm, Jomterly torn and aimsfl wajied with long anil miferable Oiffentim and hkcdy Civ I War ; but m»re inejiimable and unfpeakabk BleJJingi are there- by pimred upon wj, becauje there is derived and grmun from and cut of that Vnisn of thsje two princely Fa- milies, a more famous and greater Union-, O' rather a rf'uniting oftxvo mighty ^ famous and antient Kingdoms, (yet antiently but one) of England and Scotland, under Me imperial Croiun^ in your mofl royal T^erfsn , who is lineally, righfully and lawfidiy defended of the Body of the mojl excellent I^dy Mnigaict, eldffi Daughter of the mofi renowned King Henry Vllth, and the High and Noble Princefs ^een Ehz,tbetli bis XVtfey eldeji Daughter of King Edward IVih, the /aid Lady Margaret being eldeJl Sijier to K-ng Henry Vllllh, Father of the High and Mighty Princefs, of famous M^ttiory, Elizabeth late ^ieen of England.
In Confideration whtreof &c.
March 26th, on a Motion of the Lord Cecil, ^ ^^^j Con.^ a Conference was agreedf upon to be had with a cer- »engc between tain Number of the Lower Houfe, concerning the ^= '^° Houies. public State of the Nation ; and on two Things, in particular. Purveyors and Refpiie of Homage. Xo which the Commons deiired might be added another Article concerning the Matter of Wards: Anfwer was returned back, by the Lords, * That they liked well the Motion for a Confeicnce, touching the laft menrioned Matter. But, with all, bccaufe there were fcucral otter Ihings that did toncern the pubHc State ; of which ic was, like-
wifa
(m) SutuW! It large, i, Jm, I. Ctfp, I.
^a, !• Tameal. J 603.
R*^>In's Obfcr- Yationi there on^
^6 neTarl/amentary Histort
wife proper to have Conference, before Hand, for the better Furtherance of the puhlic Service ; and, in regard, the f>tid Matters were of Importance^ their Lordihipsdelire them lo increafc TheNumber of their Committee as ihcy intended to do theirs.
A large Committee of Lords were accordingly appointed, confiding of nine Earls, one Vifcount, fix Bifliops and thirteen Barons; who vt'ere to be attended hy the two l^ord Chief Juftices; four Judges, -Mr. Serjeant Ciooiy i^nd Mr. Attorney- General. The Commons deputed about fixty Knights and Bur^eflcs of ihcir Houfe; and thrs is all that the Journal of the Lords mention of tjiia Matter.
But the 'Jmrmh of the Commons are not fo fi- Icnti for it was, indeed, ^a Bufmels of Importanu to the Liberties ?tnd PrivUegei of thdt Houfe. Ra- ping [horn Coht) teprelenis this A (fair as another Inftance of this King's aiming at abfotutc Power. In order to introduce this M.itier, we fhall give a Paragraph from this Author's Hijhry of England, and then fubjoin the whole Account, as it ftands in the Journfth of the Houfe of Commons at this Day. There needs no Apology for the Length of it ; a Cafe of this Nature allowttig of no Abridg- ment in this Work (n).
* Immediately after the Opening of the Parlia- ment, the Commons examining, according toCuf- toin, the comefted Eleftion=!, there was a Debate in llie Hou^e aliout the Return of Sir Frduch Good' with and Sir John Fsrtefcuc^ for Knight of the Shire fcsr the County of Buch^ and upon a full Hearingt Sir Franca was declared duly eleAed. Three Days after, the Lords fent 2 Mcflage to the Commons, that there might be a Conference about Goodwin's EleilLlion. The Commons furprized at fo extraordinary a Mefl%e, anhvered. They did not jhink thcmrclvfs obliged to give an Account of their Procec-dings, and iherefore cou!d not grant the Conference requited. The Lords replied, the King having been acquainted with what had palfed in
Goad'
[t) Rufir., Vol. II. f. 16S, rt /cy.
Of E N G m N D. sy
(jflpiifiVs Cafc» thought himfelf engaged in Ho-An. t, ]aaaf» nour to have the Affair debated again, and had or- '^3' dcrcd them ro confer with the Commons upon it. Whereupon, the Commons, by their Speaker, gave their Reafons to the King, why tliey could not ad- mit of this Innovation. But all they could ob- lain was, that inrtead of a Conference with the L/ord?, the King commanded them to confer with ihc Judges, Thisplcafcd them no more than the Other. They fct down their Reafons in Writing, and delivered them at the Council- Chamber, to dclire their Lordfhips to intercede for them to the Kijig, not to violate their Privileges. The Anfwcr tvas, the King abfolutcly commanded them to have a Conference with the Judges. The Commons were extremely furprized at fo abfolute an Order. Mean while, fearing to be accufed of too eafily en- gaging In a Quarrel with the King, they thought it more proper to yield, than Hand out, fully bent however to adhere to what had been determined in the Cafe of the contefted Election. Certainly the King had engaged in a very nice Affair, and pro- bably would not have come off with Honour, had he nni been difengaged by Goodwin's Moderation. Sir Jramis chufing to forfeit his Right rather than occafion a Quarrel between the King and the Com- mons, defired the Houfe to order the County of Bu£is to ele^ another Knight in his Stead. The King and Commons equally accepted of this Expe- dient, which prevented them from coming to Ex- tremities; but the King found from hence, that no great Account was made of the Proclamation up- on calling the Parliament, whereby he meant to be Maftcr of the Ele<5fions.* Thus far Mr. Rapin.
This Case of Sir Francis Gmhvin was printed, by Order of the Houfc of Commons, Jtino 1704, under the Direftion of Rcbert Harley^ Efq; (after- wards Earl of Oxford) ihen Speaker, on Occafion of the famous Debate, at that Time, upon the
jiyUjhury tiediion. Several Paflagcs therein
were diftinguiflied by being printed in a different Character : As fuch Diftindion fccms to point out
1
jS ne Tarlsammtary His tort
An. J. Timeal.the Stfnfe of the then Houfe of Commons, upon i6oj. jjjJ5 Matter, the iame Method is followed here.
Tht CASE bitween Sir Francis Goodwin and Sir John Fortescue, &c. (o).
THE firft Motion was made on ihe 22d of Msnb, by Sir IVilUam Fkuwrni^ one of ^^^^oi^^zV- 1*'^" Knights returned for the County of Buch, on ingham. tho Behalf of Sir Francii Goedwiriy ICt. who, upon
ihe firft Writ of Summons dire^fted to ihe Sheriff of Buch^ was ele<fted the firft Knight for that Shire : But the Return of his EledJon being made, it was refufed by the Clerk of the Crown, quia ut- higatus: [p] And becdufe 'i^k'Jihn Foftejiuit upon a Second Writ, was eletfted, and entered ia that Place, his Defire was, That this Return might be, examined, and Sir Francis Goodwin received as a Member of the Houfe. The Houfe g:ive Way to the Motion; and for a more deliberate and judicial Proceeding in a Cale of Privilege fo important to the Houfe,
Ordered, That the Serjeant [the proper Officer nf the Houfe) J)}Quld give IVarnitig to the Clerk of the Crown ta appear at the Bar at Eight o'Cloek the next Morning, and to bring with him all the IVrits of SummsnSt Indentures, and Returns cf EkSiions for the County fl/" Bucks, made and returned for this Parliament \ and to give ^Varning alfo to Sir Fran- cis Goodwin, to attend in Per^n, whom their Plea- jure was to hear. Ore tenus, to deliver the State of his own Coufe^ and tht Marnier and Reafons of the Prceeeding in the EhSlim of the Knights of the Shire for that County.
March 23d, S>ir George Coppint Kt. CJf^rk of the Crown, appeared at the Uar accordingly, and pro- duced all the Writs of Summons, Indentures, and Returns made of the Knights for Buckiughamjhire for this Parliament ; which were leverally read by the Clerk oF the Houfe, anJ then the Cltrk of the Crown commanded to retire to the Door : And
after, (9} yoMrn, Dm. Cm. An. J. Junes I.
(fij In the King's ^oclinution fut Eilltng this I'lrliaiment a Ciuuoa a sivoQ ag^iiiA Eiefliiig oudaw'd rafom. Sei tefart, p. 7.
^ficr. Sir Francis Goodwin himfelf attending lo^'^'J*'"''' know the Piealure of the Houfe, was called iu, to ^'
deliver the Stale of his own Cauie, Ore tenus ; wherein he was heard at large, and commanded again to retire until the Houfe had determined what to do.
In this mean Time tlie whole Cale was at large opened, and argued pro i^ covtrOy by fiindry learned and grave Members of the Houfe ; and after much Difpule, the Queftion was agreed upon and made.
ff^kelher Sir Francis Goodwin were lawfully EUiUd and Returned one of the Knights for Bucks, ond otight tQ be Admitted and Kuewed as a Mem- ber of this Houfe?
Uljon this Queftion, it was
Refilved in the Affirmative, Thftt he was law- fully Eledled and Returned, and {de Jure) ought to be Received.
Hereupon the ClerV of the Crown was com- manded to file the: firft Indenture of Return : And Order was given, That Sir Frauds fhould prefently take the Oath of Supremacy as ufual, and his Place in the Houfe ; which be did accordingly.
March 27th, Sir Fruricii Bacon^ in reporting a Conference with the Lords, touching Wardfhip and other Things, reported, That a Lord touched the Cafe of Sir Francis Goodwin as a Thing he had heard at Jarge, but did not tinderftand it ; and therefore defired to know it more particularly from thisHouie. To which Anfwer was made, That they had no Warrant from the Houfe to fpeak ot it.
Sir Edward Coke^ his Majefty's Attorney-Ge- neral, and Mr. Dodlor Uone^ bring a MeiTage from the Lords, exprefling with what Acceptation their Lordfhips entertained their Motion Yefterday, not only for the Matter, being of very great Weight and Confequcnct, but efpecially for the Manner ; namely. That, touching Wardfhip, they would not petition for Eafe in it as a Matter of WfODg, but of Grief j and pray to be relieved by Grace, and not by Jyftice: And their Lord- ihipsfor Anfwer weredelirous, and moved at chat Time to couple in the fame i'ctiLion the Mauer of
Grievances
^ - ^
[isToaY
Ad. I. Jttoe: I. Gr«vance, of Refpite of Homage; which his Ma- 1603. *jefty» out of his gracious Favour and Love to hh People, had himfelf taken Knowledge of. j^fid as they cameive H to bi likely^ that the Conference may eentiiiue between the Two Houfes, ttntching the faid Matten ; as they are v£ry zealous ffftke Furtherance ef their Ptfrpofi, fi are tbeyjsahmtf any Impediment that may breed Lett or Hindrance therein : Therefore they defire, for <% more clear Proceeding and Remov- ing of all Stnmbl'ng-Bloeks^ that the farmer Commit- tees mnyy in a fecond Conference to be hady have Authority to treat touching the Cafe ef Sir Francis Godd\vin,//w KnrghtfarBuckin'^h-AmmneyfrJf ofall^ before any other Matter were farther proceeded in. The Anfiver to thisMeflitpe was (as ufualj That ihey vjoutd return Anfwer by Mefjengers of their own. Upon this Mellage it was urguKJ by fome, T)7at in no fort they Jhmld give Account to the Lords of their Proceedings in the Hmfe j but that Mr. Speaker fhould from the Houfe be a Suitor to his Maje/iy, to have Accefs^ and as their common Mouth give his Highmfi Satisfailion by Direilion from the Houfe : That mw the Judgment of Sir Francis GoodvpinV Cafe having fnffed the ihufe^ it could not, nor ought net^ to be reverfed by them. A Precedent ^ Anno 27 Eliz. cited'y where a BiUbrought down from the Lords, upon the Firji Reading v/as reyeifid i the Lords fent Meffengers to demand a Reafon of thtir Judgment : It was denied to yield any Reafon.
This Argument brought forth this Q^ieftion, â– which Mr. Speaker wis ordered by the Houfe pre- Jently to make, vi%.
IVhether they Jhoald Confer with the Lords ^ touch- ing the Cafe of Sir Francis Goodwin the Knight fo^ Buckinghamihire ? And i^if^fc'.:/, That ihcy {hould not.
It was then coiifidered as fit to return fome Aii- Twer to the Meflage from the Lords ; and Mr. Se- cretary Herbert^ with fome other of the Commit- tees, were appointed to deliver to their Lord lliija, from the Houfe, That they did conceive it did not ftand in Honour and Qrdir of the Houfe, to
give
0/ E N G L A N D.
6i
give Account of any ihcir Proceedings or Doings: A°- ''.J""" ^* But if their Lordfliips have any Purpofe to confer * ^* for the Refidue, ih:it then they will be ready at fuch Time and Pb.ce, and wiiii fuch Number a» ibeir Lordrtiips fhall think meet.
Upon the laft MeiTage to the Lords, the Meflcn- gers return. That iheir Lordfhips would prefently fend Aniwer by Meflengersof their own.
SnEdxvardCokc^ his Majefty*s Attorney-Gene- ral, Dr. Carew, Dr. Bofi^y and Mr. Tyndaiit deli- . vered from the Lords, That their Lordihips taking Notice in particular of the Return of the Sheriff of Btuh ; and acqua'mting his Mij^fty with it, his Highnefs conceived himfelf engaged and touched in Honour that there might be fome Conference of it bc- iwcen the Two Houfcs; and to that End, lignificd his Pleafure unto them, and by them to thisHoufe.
Upon this Meflage, fo Extraordinary and Umx- pe£led-y the Houfe entered into fome Oinfideration what were fit to be donei and it \i-A.^ Rejolvdl, That his Majefty might be moved for Accefs the next Day. And afterwards they underftood his Pleafure to be. That t}iey ftiould attend at IVh'Ue- halltx Eight the next Morning. But becaufe the Time was then fomewhat far fpent, ihcy Ordered^ That the Houfe, with Mr. Speaker, Ihould meet at Six the next Morning in the Houle. Yet afore their Rifing, ihcy thought fit to name a Cotnmit- Ccc of twenty-nine Members, to fet down the EffeCl of that which Mr. Speaker was to deliver from the Houfe to the King, who were to meet at Four that Afternoon at the Parliament-Cham- ber in the Middfc-Temple.
Accordingly on the 28th, Mr. Speaker, with a great Number of ibe Houfe, alTembied at Six in the Morning, witli a Purpofe to treat and rcfolvc what (hould be delivered to his Majefty, (being ap- pointed to attend him the fame Morning at Eight) louchiog the Rcafons of their Proceeding in Sir f ranch Gscdwin's Cafe : But becaufe ibe Houfe was not then thought full enough for a Matter of that ^Oflfequeoce, they proceeded to the Reading of Bills.
Upoa
62 JheTarliamcntary Histort
An. I. Jnncti. Upon Motion touching Mr^ Speaker's Atfen- j6oj, dance on the King, a Cummitiee was named lo accompany him, confiding of '^Hibe Privy-CciuncU^ being Member i oftbi Houje^ and fixty-feven fmre.(q)
Mr. Speaker, together with thele Committees, were this Day, at Eight in the Morning, appointed to attend his Majcfty, and to relate the Rcafons of the Proceeding of the HouJ'e in Sir Framii Good- â– uz/VsCafe; where, upon Anlwer or Reply, fuch Lawyers as be of the Committee arc to give their Afiiftance.
The next Day Mr. Speaker related what he had delivered to the Kirgby Warrant from theHoufe, touching their proceeding; in Sir Frandi Goodwin's Cafe, and hlsMajelly's Anfw^r: whereof^ hicaufe Pdrt was afUrwards penned by Se!e£f Committees, read in the Houfe, and offered in Writing to the Kingi he had but touched tJie He^ids, omitting ma- ny Circumftances. He laid, be Firft delivered, I. The Manner and Matter. 2. Then fuch Pre- cedents as bad been vouched and flood upocii 3- He opened the Body of the Law for Eledtion.
The Firft Writot" Summons, dated Ultimo Ja^ nuarii hefore the Parliament : The Writ iffued duly : The Liberty was free, hy that Writ, to choofe in Plefis Commiiatii : The EIe6lion was made according to that Writ, and the Indenture duly returned j and tbere/ore adjudged hy the Hsufe^ That this Firft Kledtion being good, the Second was confequeiul/ void.
For the Matter of Utlawryagainft Sir Franch Goodwin^ there was one prolecuied agninfthimat the Suit of Jobfipriy jr Eliz, lor 6o/. iind was laid and proceeded in the Huflingi, Londm. Another, at tlic Suit of one Htuk^r^ for i6/. 39 Eliz. Th-.t Sir Francis had hnce been chofen, admitted, and faved as a Member of this Houfe, in the leveral Parhaments holden 39 and 43 Ffiz, That the Utbwry remained in the HufUngi^ fo as the Law could not take Notice of ii > neither was
it
(q} Tftcir Namci ire in the yntrnaht But, forBrrrity'* SiJte,
•mitied hcic.
it pleadable, i Eliz. One Smith was found Ut- ab. i. Jimes i. lawcd, and Privileged by the Houfe. 23 E/iz, 1605. One I'aughan Utlawed, and, upon the Queilion and Divifion of the Houfe, Privileged, being car- ried with the Difference of fix Voices. 35 EUx. Three Precedents vouched. 39 H. 6. (r) Fuz-Her- herti The Cafe not judged; but Opinions deli- vered. Mr. John Killegrec having 52 Utlawries returned againft him, was admitted 10 Serve in the Houfe. Sir IFilUam Harccourt was found Eigh- teen Times Utiawcd, and yet was admitted to
Serve. The Manner of the Eleftion is limited
by the Statute. The fuppofcd Utlawry, 31 £fe againft Sir Franui^ was no Urhwry at all; for wherefoevera Man is fued, the Proclamation ought to go into the County where the Party dwelleth ; or elfe the Utlawry is not good, 39 ^ 43 £//s. The general Pardon is good for Utlawries, againft all, faving the Parry at whofe Suit. 31 Eliz, Ic was Francifcui Gaadwint Oen. 39 EUz, Fraud/' €Ui Gocdtviriy Armig. The ^sheriff' is no Judge of the Utlawry, neither could take Notice it was the ^ fame Man ; and therefore could not properly return bim Utiawcd.
That his Majefty anfwered, He was loath he (hould be forced to alter iiis Tune ; and that he fhould now change i t into Matter of Grie f, by way of Conteftation, He did (ample it tothe Murmur and Coniradiition of the People of IftaeL He did not attribute the Caufc of his Grief to any Purpofe in the Houfe to offend him ; but only to a miftafc- ingof the Law. For Matters of Fadt, he an- fwered them all particularly. That for his Part he was indifferent which of them was chofen. Sir John or Sir Francii : 'That they could fufpeft no fpccial Affeclion in him, becaule this was a Coun- fellor not brought in by himfelf. That he had no Purpofe to imiJcach their Privilege ; but fince they
derived
(r) IVAccunte EdUor of (he printed Jr^maSi mjk« thia Rptrurk, * The Worrfi ("39 //. 6 ) ferin to be inaproperly infert^d
• beie, utd are, la the Book of Notes, pbced before the Cjtation
• of Sayth"* Cafe, i EUk. and in ihv. Margin of ttie Jvuroil ilfclf
• asai&A tbcfo Word* is writtCD, ^an,'
The 'Parl'tamentary History
Aa* X. Jame* I. derived all Matters of Privilege from him^ and by jfioj. hii Grants he expedted they ihould not be turned againft him. That there was no Precedent did fute this Cafe fully : Precedents m the Times of Minors, of Tyrants^ of jyomen, of Shnpk IG^gs^ not to be credited j becaufefor feme private Ends. By the Law this Houfe ought not to meddle with Returns, being all made into the CiiSwffryi and arc to be corre<fled cr reformed by that Court only, into which they are returned, ^n, 35 H.b. It was the Refolution of all the Judges, That Matter of Uclawry wasa fuffidentCaufcof Difmiflionof any Member out of the Houfe. That the Judge: hav0 mw Refihed, That Sir Frauds Goodwin ftandeth Utlawed according to the Laws of this Land.
InConcIufion, it was his Majefty's fpecial Charge unto us.
That, Firft, the Courfe already taken fhould be truly Reported. 2. That we ihould debate the Matter, andRefolveamoQgftourfe]ves, 3. That we {hould adrait of Conference with the Judges. 4 That we fhould make Report of all tbe Proceed- ings, unto the Council.
This Relation being made, the Houfe di<l not enter into any further Confideration of the Matter at That Time; but Refohed, and Ordered, That ic ihould be the Firft Matter mov'd the next Morning.
Mani 30ih, it was moved and urged by a Mem- ber, touching the Difference now on Foot between the King and the Houfe, That there is juft Fear of fome great Abufe in the late Eledtion. That in his Confcience the King hath been much mifin- fornied j and that he had too many Mifinformers, which he prayed God might be removed or leflened in ihcir Number. That nti^ t1ie Cafe of Sir ycfm Fovsejcue and Sir Fra/ids Ga^dzvin was became the Cafe of the ivhole Kingdom. That Old Laiuyen forget-, and commonly interpret the Law a((crdiug to the Time : That by this Courfe the Free Elec- tion of the Country is taken away, and none fhall be chofen, but fuch as (hall pleafe the King and Couticil. Let us therefore) with FortiCude* Un*
<yENGLANa 65
derftanding and Sincerity, feek to mainuin our Pri- ^ ':£^* viiegc i which cannot he lalcen or conftrued any ^
Contempt in us, but meeily a Maintenance of our Common Right, whkh our Anccftors have Icfi us, and is juft and fit for us to transfer to our Pofterity.
Another ; For a Law to be made. That never any Man, Outlawed, fliould fhew his Face here again. The Difference, he obferveJ, was Ibmc unrefpcdlive Carriage towards his Majefty in this Matter: And therefore let our Proceeding be duti- ful and careful towards him, in advjfing of fomei fpecdy Couffc togivc hisMajcfly Saiisfjftion ; that is (as he corrCeivcdJ according to the King's Proje^i^ Firft, to advife amongft ourfelves» and then to confer with the Judges, not as Parliament- Min^ but iJj Csun fellers ; not as though they were to re- vcrfe our Errors, but that we might be better in- formed ; rot now the C;ifc of Sir John and Sir Francis, but a Cafe of great Difference between the King and us, wherein we are tieeply to conlider the Confequence if this Pique be bruited in the Country, abroad or beyond the Seas. It is fit we let the King fee how much we take to Heart this Matter, fy thence our Affeftions have fo much ap- peared in the p.iflingand prefent Expediting of the A6t of Recoguitiun, i^c. C^wA That we Diould tender our humble Petition 10 his Msjcfty, for Leave to mske a Law for the Banilhing of all Outlaws hereafter from the Parliament, and pray, That we may hold all our Privileges entire.
A Third, That wc ought not to contelt with the King; that it is fit to have a Conference: Thai by it we fhall lofc no Privilege, but rather gain ; for the Matters of the Contcrence will be Two, Satbfa^ion of the King, nnd putting in Certainty our Privilege. All is rot yet faid ihai mav be faid j we are not to difputc with one that. is Governor of Thirty Legions. CQnJitendum ejl ne f'Ujha int^r^sgajfet. Let us deal plainly and freely with the Lords, and let them know all the Reafons. They are jealous of the Hojiour of 4 Prizy-Coufijel/sr. we of the Freedom of EltSim. It
Vol. V. E is
66 The Tarlsametttary History
An. K Tames i.*^ ^^ ^^^ ^^^ maintain ibcir Prerogaiive ; fo is * 1604. 'it fit that we maintain our Privileges. Thh is a Court of Ruord, therefore owght we by all Means feck to preferve the Honour and Digmiy of it. If a Burgels be chofen for Two Places, the Burgefs makes his Choice for which be will ferve, and a Warrant fhall be direfted from Mr. Speaker, in the NAme of the Houfe, to the Clerk of the Crown to fend forth a Writ for a new Election for the o:her Place left ; which is a direfl Proof that it is a Court of Power and of Retord. We have a Clerk and a Regiftcrj all Matters that pafs here are entered of Record, and preferved. As they (land for ihe Honour of a Counfeltor, fo we for our Privileges. It is to be wiihed. That wc had a Law to declare our Privileges, that we have a Court of Record and a Regifter. Obj. IVe (they fay) ore but half of the Bcdy^ and the Lcrds are the ' Parts neavejl the Head. Anf. Nothing afcends to the Head but by the Breafts, tfc, Cmd. That we may pray i' may be explained by a Law what our Privileges are •, and that no Man Outlawed [s) may hereafter be admitfed.
There mult be a Judge of the Return before we fit ; and this is now judged according to the pofi- tivc Laws of the Realm by the King, which in- fringeth not our Liberty, fince we judge after the Court is let, according to Drfcretion. No Prece- dent, That =Tiny Man was put out of the Houfc for Utlawry ; therefore it had been fit we (hnuld have defired to inform the King that he was mifinformcd.
Let us now leave this panicular Cale to the
Kin^, and Confider and Rcfolve of the Material Q^ieftions th.ai ivill fall out in tl>e Debate of it. I. Whelher llils Court halb Power 10 lakf^ Notice of Returns midebefrire we fii here? 2. Whether Men Utlawed may be of theHoule? 3. Whether a Man pardoned, having not fued forth a Writ of S((re fad 11^ ni;iy be called in Queftion ? 4 Whe- ther ilie-Writ were returned the lyih of February or no, upon Oaih of the Sheriff?
Some ^0 Sntnrtimft C/l'/jw-van<J C/r/tfnW,, l«aietiiaet Our/awry and Outlav/edf in the Originilt
0/- E N G L A N D. 5/
Some others were ftrong in Opinion, That wc ^^^ ,, Junes i* ought not to confer nor to commit, faying. That 1604. Majefty had conferred with Juftice; yet Majefty had icft the Stopping of the Wound to us. We fliould taint ourfclves with Three great Blemiflies, if wc fhould alter our Judgment, Levity, Cruelty and Cowardice. There be three Degrees of upright Judgment, Motion, Examination, Judgment: Ail thcfe have pafled us. No Court can reform their own Judgment. Every Day a Term here. Every Aft that pafleth this Koufe, is an Aft of Parlia- ment. Shall Juftice float up and down ? Shall he be a Member To-day, and fhall we tear him oiF To-morrow? If the Member be found it is Vio- lence : If the Hand tear the reft it is Cruelry. No Part torn, but it may bleed to the Ruin of the
whole. Let Sir Frauds Goodwin ftand as he is :
Duty and Courage may (land together ; let not the Houfe be inveigtcd by Suggeftions. This may be called a J^/u JVarranh to feize our Liberties. There hath been Three Main Objedticns.
1. The King*3 Exception. Jf^e cmid /htw m Precedent in this Kind. Anfw. The King tmld Jbew no fuch IVrit before. Our Hands were rnvef fought to be cbfed before^ nor we prevented. It opens a Gaptathruji us all into the Petty Bag, A Chan- tellor may (ail a Parliament of what Perfotii he will by this Cmrfe. Any Suggeflion^ by any Perfotty may be Cauft of fending a new Pf^rit.
2. Obftcticn by the Lord Chief Juftice. By the Law we had mthtng to do to examine Returns* Anfw. fudgei cannot take Nofue of private Cufloms sr Privleges: But wektive a Privilege which Jf audi to th the Law. The Judges informed the King of the Law, but not of the Cafe of Privilege. It is true, 35 //. 6. all the Judges refolveJ, That no Outlawed Man ou2;hf lo be admitted ; but that wasConiroltedby Parliament. It is the fame Opi- nion now ; let us Control! it as then i we havedone no Offence to the State : Let us theret'ore b« conftant in our own Judgment.
E a t* Ob*
^8 The Parliament ary Histort
An. I. >«« I. 3' Obuliim.'^ • » » • Another ; Tkt King's Plea- 1604. Jurpf That lue Jbsuld deUvir the Reafom, ^ that iv^
have dons to bejuji. It" we clear our ContempE,
wc have ditchaigcd ojrfdves. The Kin^^i-Bemh cannot rcvtrfe their judgment the fame Term \ therefore not ihc Pdrhamcnt. Let us fend a Mef- fage ro the Lords, Thai we are read)' (0 to do, ;i3 we do not undo this Houfe.
Others; Non Corotmbitur ^ui non legitime cert ave*- r'lt. Not to be termed aDifference between his Ma- jefty and the Commons. RsgammA^iguJle^ mnpug- namus. The Queftton isnotof Matter of Privilege, buc o' Judgment. Let us attend them as Lords of the Council, and not as Lords of Parliament.- — . Wc do no ways Conteft or Contend wiih his Ma- jefly. The King is no way bound in Honour. If Writs go forth unduly, they may be Controlled without Impeachment to the Kinji's Honour. It is the A£1 iif his Interior Officers. Il is now come to this Queftion, IV^.ethir the Chancery or Parlja' vie/.t o'ighi to have Authority P Qiieft. Whether we s.-ght tQ fitiyfy the King in h's Commandment?
The King's Meilage was. That we fhould Con- fider within ouifelres, and Refolve of ourfelves j then no Need to confer wi:h the Judges: If we cannot, then it is fit lo he Refolv^d by the Judges. — The jL-dges have judged, and we have judged; What Need then of Conference ? Let there be no Spark of that Gr.ice taken from us, which we have had already from his Majefty. Let our Reafons be pur h:to Articles, and delivered in all Huanble- nefs unto him.
Upon the Conchjfion of this Debate in this Man- ner, the Houfe proceeded to Qucllion ; and the firli was, — — 1. Q; fVhetker the Houfe "Was Refohed n the Matter ?
And the Queftion was Anfwered by general
Voice, That the whole Houfe was Rcfolved.
2. Cl Whether the Reafini of thei^ Proceeding ft>all be id doivn in Writing ? And it was Refolved^ That iliey fii^ll, and Ordered lurther. That a Committee Qiould be named for that Futpofe, and
appoint-
Of ENGLAND. ^
appointed firft 10 fet them down in Writing, and An. i. Junail, to bring them to ihc Htmie^ there tu be put^Iiflicd, '^P** and to receive their AlJowanre.
A Committee wa£ inlbnr^y named, confiilme; of Mr Recorder of London^ Mr Sullicicur, Mr At- lorney of ilie War,is» All the Serjerints at Law, and thiriy-fevcn Members more. To meet ihis Afternoon, at Two, in the Exchequer •Ch^n\htT. '
The Authority g^ven unto them by the Houfc,
was this: TheHoufe being refolved, upon the
Queftion, That the Reafons of their precedent Refululion, touching the Return, Admittance and Retaining of Sir Francii Gcsdw'm as a Member of liiis Houfe, fliould be fet down in Writing ; thefc Committees were fpt-cially appointed to perform that Service, and have Warrant from ihe Houfe to fend for any Officer, to Vi:-w and Star h any Record, or other Thing of that Kind, which may help their KnowlL'dgc ur Memory in this particular Service: And havint^ deliber.u-ly by general Cr.n- feni fet down all fu-h Regions, ihey are to biing them in Writing inro the Huufe, there to be Read and Approved, as fhall be Lhought fit.
jfpriiit it was movcd^ I'hat Committees might be named to take the Examination ol the Sherilf of Budifi^bani/biu, who w:!s by former Older fent for, and now come. And a Committi* were nam'd and appointed lo take his Examination prc- fcDily.
Sir Charles CcrnwalHs moved in Excufe of Sir Francis Gecdma's Ablence from the Houfe, and prayelh, That ihey would as well in their own Judgment pardon it, as witnefs and .ifiirm his Care and Modeity, upon all Oxafions, to the King, in that he hath forborn, during all rhe Time of this Queflion, to come into the Houfe.
The Examination of the Sheriff having been prcfently talien by ihe Committees, was returned
in this Form. Intcrr i. IFby hi removed the
County from Aylesbury to Brickhill ?
He faith, II waa by Rcafon of tJic Plague being
at /fyiahtryy tJ'iO County being the ssth of Jon-
E 3 (w»?i
JO 7he Tarliamentary Histort
Aiv». htAtAi.^'^^y* ^^ which Time three were dead of the J^o^ ' Plague iheT«. This was the only Motive of re- moving his County.
Interr. i.lVhether he were prefent at the JirfiEks- tien ? — He was prefenlj and was as failhftil Co wi{h tills fecond Place to Sir Francii Goodwin^ as thefirlt to Sir John ForteJaie\ fent Sir Francis Goodwin word, before the Ele6tion, he fhould not need to bring any Freeholders, for the EletStion he thought wouW be wirhout Scruple for them hoth ; firll to Sir Jshfiy fecond to Sir Frsmh. About Eight o* . Clock he came to BrickhiHi was then told by Sir
George fbrsctmartsn^ and others, That the firft Voice would be given Tor Sir Francii i he anfwered. He hoped it would not be fo, and delired every Gentleman to deal with his Freeholders. After Eight went to the Election, a great Number there be- in^Chiidren^neverattheCourty. After the Writ read, he Hrft intimated the Points of the Proclamation ; then jointly propounded Sir yohn ForUfme and Sir Francis Gsctkuin. The Freeholders cried firft, A Goodwin, A Goodwin : Every Juftice of Peace on the Bench faid, J Forieffug, AF&rtsfius \ and came down from the Bench before they named any for % fecond Pl.ice, and defired the Freeholders :o name ' Sir 'Jf^hn Fortefsue for the firft. Sir Francis Gosdwln being in a Chamber near, was fent for by the Sheriff and J uftices ; and he came down and earneftly per- fwaded with the Freeholders* faying, Sir ]ohvi was hisgn&d Friend^ had been his Father's^ arid that they wsuldnct daSirJohathiit Injury: Notwithftandtng the Freeholders would not defift, but all cried, 4 Gjoiw':n, A Go'jdwiti 'y fomc crying, A Fortefiue, to the Number of 60 or thereabouts, the other for Sir FrantU Gmiwin, being about 7.00 or 300 ; and Sir Fr^ncii Gsi^dui n^ to his thinking, dealt very plainly and earnelliy in this Matter for Sir J&ha Fsrie/aiej for that Sir Francii Gffedwin did fa ear- nelHy proteft ir unto him.
Iiiterr. 3. If^hs laboured h<m to make the Return
p img hefo £ the Day of the Parlinmenc ? He
being here >o Lp4sRi Mr, Altorney-Gentra!,
0/ E N G L A N D. 71
ibe ad of Marcb^ at his Chamber in the Ifiner- ^^ ,, jame»L 7empU^ delivered him two Cap, Utiagat. againft 1604. Sir Frands G^Jwin ; and before he ipade his Re- turn, he went and advifed with Mr. Atrbrney a- bout his Return, who pen'd it, and lb it was done by his Diredtion : And the Return being wiitien, upon Friday a'"ter the Kin^^'a Coming through London, ntar about mv Lard Cliancelli ir's Gate, in the Prelcnce of Sir Jffhi Faru/eue. he deliver'd the Writ, to ^r George Coppin: And at this Time (it being about Four 111 the Afternoon) and before ihcy parted, Sir John Fcrtefcus delivered liim the fccond Writ fealed ; S\xjshn Fsrufcui^ Sir George Coppin, and himfelf, being not above an Hour to- gether at that Time, and never had but this new Wiit of Parliament to him delivered.
Sublcribed, Francis Cheyne,
This was returned by theCommittcero tbe Hands of the Clerk, but noi ar all read in the Hyufe.
Mr, Spciker r-membretli the Matcrcf Cocre- rence with the Judges, and ofTereth to repeat and put again iheQiieftions that were formetly made j being before uncerratnly .\nd unpcrfedtly left 1.39 be faid) in the Cafe tif Butktnghamjhhs, viz.
1. W^hsthr the Hcufi were rejoh/d in the MiUter f
a. If^hether theyJhmU (mpr zvith the Judges ?
And at length induced the Houfc to entertain the latter Qijeftion ; and, being made, wascirricd by general Voice in the Negative, No Cmference.
Upon this Paflage, it was urged for a Rule, That a Queftion being once made, and carried in ihe Affirniailve or Negativcy cannot be qucftioncd agam ; but muft ftand as a Judgement of the Houfe.
Ic was thought fit that Mr. Speaker (hould at- tend the Committee for penning the Rcalnns in Sir Frandi Goodmn'% Cale, not by Command- ment, but Voluntary oF himfelf.
The next Day the Realons of the Proceeding of the Houfe in Sir Fravds Gcsdwin's Cafe, pen- ned
The Tarllamentary History
^q. J. J»moi. ned by the Commitiee, were, according to fortrier f^*** Order, brought in by Mr franch Msere^ and read by the Clerk, direded in Form of a Petition.
To the K IN G's Moft Excellent Majefty. The Humble Anfwer of the Commons Houfe of Parliament to His Afajeji/s Ohje^isus in Sir Francis GoodwinV Caji,
MOST Gracious, our Dear and Dread Sovereign, Relation being made to Us by our Speaker, of Your Majefty's Royal Cle- mency and Patience in hearing us, and of Your Princely Prudence in difcerning j fhewing af- fectionate Defire rather to receive Satisfaftion to clear us, than Caufe to pardon us : We do in all Humblenefs render our moft bounden Thanks for the fame ; protefting, by the Bond of our Allegiance, That we never had Thought to of- fend Your Majcfty ; at ^vhofe Feet we fhall ever lie proftrate* with Loyal Hearts, to facrifice our felves and all we have for Your Majefty's Service: And in this Particular, we could find no Quiet in our Minds, that would fuffer us to entertain other Thoughts, until we had addreflcd our Anfwer to Your Moft Excellent Majefty ; " for whicli, neverthelefs, we have prefutned of the longer Time, in refpe6l we have prepared fotne Precedents, requiring Search, to yield Your Majefty better Salisfaftion/
There were objcLled aginfl us by Your Majefty and Your Reverend judges, Four Things, to im- peach our Proceedings, in receiving Framii Good' Xv'tHy Knight, into our Houfe.
ObjeOion i. The Firfl, Tfyit we ajfume U our felves Power of Examinirsg ef the fileP.ims and Retur?ii tf K/rshU and BurgeJJh^ which helmgeth to Tour Majefy's Chancery, and net to us : Br that all Returns of IVrits ivere exnminabie in the Courts wherein they are returnable \ and the Parliament ff^rits being re- turnable into the Chancery, the Returns of tbtm ^uji needi be tktre examitCd and mt with us.
Our
I
0/ E N G L A N D. ji
Our Humble Anfwer is, That, until the 7th ^^^ ,. jjaneil, Year of King Henry fW, all Parliament Writs 1604. were returnable into tW Parliament ; as appcarclh by many Precedents of Record ready to be fhewed, nnd confeqnently the Returns there examinable : In which Year a Statute was made, That thence- forth every Parliaraeni Writ, containing the Day and Place where the Parliament fhall be holden, {hould have this Claufe, viz. Et Ele^ienem tuam in pleno Ccmitatu fa£iam di/Hn^e W nperte Jub SigUh tuo tf SigilUi torum^ qui Ele^ioni ilH interfuerint^ nobii in CanceUariam ncjiram ad Diem (^ Locum in Brevi content^ uttificti indilate (f).
By this, althcugh the torm of the Writ be Ibmewhat altered, yet the Power of the Parliament to examine and determine of Eleftions, remaineth ; for fo the Statute bath been always expounded ever fithenre, by Ufe to this Day : And for that Purpofe, both the Cleik of the Crown hath al- ways ufed to [attend ] all the Parliament Time, upon the Commons Houle, with the Writs and Returns! and alfothe Commons \xi the Beginning of every Parliament, have ever ufed to appoint fpcciai Committees, all the Parliament Time, for examining Controverfies concerning Eledlions and Returns of Knights and Burgefies: During which Time, the Writs and Indentures remain with the Clerk of the down ; and after the ParJiament ended, and not before, nre delivered to the Clerk of the Petty- Bag in Chtincery^ ro be kept there ; which is warranted by Re.ilbn and Precedents : Reafon ; for that it is fit that the Returns fliould be in that Place examined, where the Appearance and Service of the Writ is appiiinted. The Ap- * pcarance and Service is In Parliament, ihercfore the Return examinitble in Parliament.
Precedents: One in the agrh Year of the Reign of the late Qiicen Bliziibeth, where, after one Writ awarded 'into Nor/alk for the Choice of Knights, qnd Ele^ion made and returned, a fecvtnd w.s, be- fore the P.'.rJiiment- Day, awarded ^y the Ld. Chan- cellor, and thereupon another Elei^ion and Re'ura
made
(t) See Vol. II. p. io<(.
74 Th^ Tarlsamentary Hi stort
j^j^ , T^j, J made ; and the Commons being attended wiih i«04. ' both Writs and Returns by the Clerk of the Crown, examined the Caufe, allowed the Firft, and rejec- ted the Second, So Artm 23 E/iza^ftb^ Regina^ a Burgefs wag returned dead, and a new chofen, and returned by a new Writ: The? Party returned dead a|:>peareti ; the Commons, notwi^hftanding the Sheriff's Return, admitted the Firft choien, and rejefted the Second. Alfo, the faid -^d Year, a Burgefs chofen for Hull was reiurned Lunatick, and a new chofen upon a Second Writ: The Firft claimed his Place; the Commons examined the Caute, and finding the Return of Lunacy to be true, they refufed him ; but if it had been Talfe, they would have received him. /^nns 43 Elza' hethay the Sheriff x^^ R.uliandflnre returned himfelf eleifted; the Commons finding that he was not eligible by Law, fent a Warrant to the Cbtmcery for a new Writ to chufe anew, ^nno 4j Eliz, alfo a Burgefs was chofen Eurge/s fur two Bo- roughs ; the Commune after he had made Eledi- on which he wojld ferve for, fent Warrant to the Chcmery for a Writ to chufe a new for the other Borough ; Of which kind of Precedents there are many other, wherewith we fpsre to trouble your Majefty. All which together, viz. Ufe, Reafon and Precedents, do concur to prove {.h% Chancery to be a Place appointed to receive the Returns, as to keep them for the Parliament, but not to judge of them; and the Inconvenience might be great, if the Chancery might, upon Suggeilions orSherififs Returns, fend Writs for new Eledlions, and thofc not fubje^io Examination in Parliament: For fo, when fit Men were chofen by the Counties and Boroughs^ the Lord Chancellor, or the Sheriffs, might difplace them, and fend out new Writs, un- til lome were chofen to their Liking i aThing dan- gerous in Precedents for the Time to come, how- foe ver we reft fecurely from it at this prefent by ;hc now Lord Chancellor's hiiegrity.
Objed^. 2. That we detjU in the Caufe with tcomu£h fred^itatiojif not feeii.fy fsr a Coumll cf Grj-
Vityy
0/ E N G L A N D. 75
iti/y, and without Refpt^ to your mofl excellent An, i. Juna I. Majejfy^ mr Sovereign, who had directed the **°*' Writ to he made ; and being but half a Body^ and no Court of Record oUne, refujed Confe- rence with the LordSf the other hai/t notunth' Jiandin'g they prayed it of us. Our humble Anlwcr is, to the Precipita- tion, That we entred into ihisCaufe, as in other Parliaments of like Cafes hath been accuftomed ; calling to us the Clerk of ihe Crown, and viewing both the Writs, and both the Returns; which in Cafes of ******* and Motions, though not of Bills (requiring three Readings,) haih been Warrant by continual Ufageamongft us; And thereupon, well finding that the latter Writ was awarded and lealed before the Chancery was repof- /cITcd of the former, which the Clerk of the Crown, and the Sheriff of the County, did both tcftify, and well held to be a clear Fault In Law, proceKied to Sentence wiih the lefs Refped of the latter Elefti- on. For our Lack of Refpe*St to your Majefty, we conlefs, with Grief of our Hearts, we are right forry it (hall be fo conceived; protefting, That it "was no way made known unto us before that Time, thai your Majefty had taken to yourlelf any fpccial Notice, or direiSed any Courfe in that Caufe, other rhan the ordinary awarding Writs by your Highnef's's Officeis in that Behalf; But if we had known as much (as fome will have) by your Majcfty's royal Mouih, we would not, without your Majefty's liiviiy, have proceeded in that Manner. And further, it may pleafc yoiir Majel- ty to give us Leave to inform you. That in ihc Examination of the Caufe, the Sheriff avouched unto us, That Goodwin agreed to yield ihc Firft Place of the Two Knii^hi'> lo Six Jehn fo'tejcue, and it) his own Perton, at the Time of tledlion, with extr.iordinary Earneilnefs, ep'reaied he Elec- tors it might fo bcr and cauled the Indentures to be made up to hat Purpote ; but the Lk£lors ut- terly rcfurcJ to ft 4 them. Coiueimng ur rtfu- Jing CourcrcHCc with the Lords, theie wjs none
dclired
y6 The Tarlhmentary History
An. X. Tames I. defired- until after our Sentence pafled ; and then 1604. we thought, That in a Matter private to our own Houfe, which, by Rules of Order, mighi not he by us revoked, we might, without any Imputdiion9 â– rcfufe to confer. Yet underftandino; Ky their Lord- fhips, That your Majefty had been informed againft us, we made hafte ^as in all Duty we were bound) to lay open to your Majefty, our gond and graci- ous Sovereign, the whole Manner of our Proceed- ing; not deubtifig^ though we were but Part of a Body, as to make new Laws, yet for any Matter of privileges of our Houje, we are and ever have hten a Court of ourfelves, of fuffident Power to difcern end determine without their Lordji^ips, as their Lord- pips have ufed- ahvays to do for theirs without us.
Obj&S. 3. V)at we have, by our Sentence of re- * ceiving Goodwin, admitted^ That Outlaws may
be Makers of Laws -^ which is contrary to all Laws.
Our humble Anfwer is. That notwithftanding the Precedents which we truly delivered^ of ad- mitting and retaining Outlaws in Pcrfonal Actions in the Commons Houfe, and none remitted for that Caufe; yet we received fo great Sati8fa.5tion, delivered from your royal Maiefty*s own Mouth, â– with fuch excellent Strength and Light of Reafon, more than before, in that Point, we heard or did conceive, as we forthwith prepared an Aft to paS our Houfe, That all Outlaws henceforth {hall ibnd difabled ;o ferve in Parliament: But as concerning Goodwin's Particular, it could not appear unto us, having throughly examined all Parts of the Pro- ceedings againft him, That he ftood an Outlawr, by the Laws o( 'England, at the Time of the Elec- tion made of him by the County; and that for two Caufes: TheFirft is, That where the Party Out- Jawed ought to be five Times proclaimed to appear in the Sheriff's County Court i and then not ap- pearing, ought to be adjudged Outlawed by the Judgment of the Coroners of the County; there appeareth no Record made in the Huflings of Loh' </tfff, that Qoodwin was five Times proclaimed, or
OfE N G L A N D. 77 •
that the Coroners gave Judgment of Outlawry An. i.jameti. againft him: But a Clerk lately come to that Of- ***♦' ficc, haih now> many Years after the Time, and fmce this Eledion, made Entries, inteilined with a new Hand, that he was Outhwcd: To which new Entries we could give no Credit, for that the Parties, at whofe San Goodu'in was lucd, have tef- tified in their Writings of Rcleafe, That they ne- ver proceeded further than to take out the Writ of Exigent for an Oatlawry ; and being then paid their Money, defifted there: By which we find, That Gcodwin was not five Times proclaimed, nor adjudpied Outlawed, being a Thing ufual in Londan to fpare that Proclamation, and Judgment, if the Party call not upon it; and no Record being made for many Years together that either of them was done.
The Second Caufe was, for that the Writ of Exigent J by which the Sheriff was commanded to proclaim him five Times, was never lawfully re- turned, Dor cenified by Cert sr art j wihout which we take it, that Gaodivin flood not difibled as an Outlaw.
To this, adding the two general Pardons by Parliament, which had cleared the Outlawry in Truth and Subftancefif any were;) and thai G69d- wift could not apply the Pardons by Scire fa, for thai no Record nor Return was extant of the Out- lawry, whereupon he might ground & Scire fa. wc were of Opmion, and to your Majcfty's moll Reverend Judges would have been if ihcy had known thus much, 1 ha^ Goedvjin flood not dil- abled by Outlawry to be Eiedted or Serve in Par- liament: But when we cjnfiJered further, That iheCourfe taken ag:tinft Goodwin (or drawing him into this Outlawry of Purpufc to difablc him to ferve in this Place, whereto ihe County had freely elc^cd him, was un.-fual ; we could not with the Rqiutalion of our Places, ferving as a Council of Gravity, in Allowance or Continuance of that Ojutfe, cenfure him to be rejedled as an Outlaw : The Particulars of which were thefe, «;z.
Two
78 The Parliamentary Histokt
An. 1. Jamcj I. Two Exigents awarded, *•»•»• xh^ J604. other feven Years paft to the H^JJingsm London: No Entry made of five Proclamations ; nor of any Judgment of the Coroners ; nor any Return of the Exigents made or endorfed ( the Party Plaintiff" latisfied, the pretended Outlawries being hut upon meane Procefs : And as to your Majefty^s Duties and Contempts pardoned now fince Gscdwin was cleiSled Knight, the Exigent now fought out fince tiie Election procured to be returned in the Name of the Sheriffs that then were, and are long fince dead, and new Entry made of the five Proclama- tions and Coroner's Judgment ; and now a Return made of that old Exigent, which could be of no Ufe, but only for a Purpofe to difablc him for that Place. Upon all which wc could do no lefs, in true Difcrerion, than certify the Eledion made Secundum . quum et benum. Objeft. 4. 'that we procsedtd u fxamhe th$ Truth of the FaSl of Outlawry, and gave our Seftten{€ upon that ; wberefji we ought to have been bounii by (he Slerijfi Return of the Oui- lawry fri}in fuuber Exammng^ WhUher thi Party iverg Outhwed or mt f Our humble Aniwer is, That the Precedent* cited btfore, in our Anfu/er to the firil Ohjeftion, do prove the Ufe of the Commons Houfe to Exa- mine Veritatem fcicli, in Ekliions and Returns, and have not been lied peremptorily 10 allow the Return ; as if a Knight or Burgefs be untruly returned Dead, or Lunatick. yet when he appcar- eih 10 the Hout'c to be Living and Sounds they have, contrary to the Return, received him into the Houfe, pre''erring the Truth manifeft before ihe Return. By wliicii difcreet Proceeding there is avoided that great Inconvenience abovemention'd of giving Libeity to Sheriffs, by untrue Returns, to ni >ke and remove whom they lift, to and from the Parliament Service, how meet foever the Par- ties be in the Judgment of ihc County or Borough that ekdcd them.
•ThuB
T
r
1604.
0/ E N G L A N D. y^
Thus in all Humility we have prefented to An. j.^ Junes I, your moft Exccllcnc Majefty the Grounds and Reafjns of our laie Action, ltd wiih no Affec- tions, but guided by Truth, warranted in our Confcicnccs, imitating Precedents, maintaining our aniienl Privileges, honouring your Excellent Majefty m all your Services; to which in all Loyalty and Devotion we bind us, and ours for ever, praying daily on the Knees of our Hearls, to the Majefty of the Almighty, that your Ma- jefty and yourPofttrity may in all Felicity reign over us and ours to the End ofiheWorfd.
Thefc Reafons iVt down and puhlii}ied to the Houle, Mr- Secreiary Herbert was lent with Mcf- iage to the Lords, that the Houfe had rclolved of their Anfwer to his Majefty, m Sir Fiamh Gcsd- win*% Cafe, and had ici it down in Writing, and that it fliould be fen: to their Lordfhips befors Four in the Afternoon i vi^ho immediaiely reiurn'd their Lordfhips Anlwer, That they would be ready at that Time in the Councii Chamber at Whiieball^ with Thirty of the I ords, to receive what then ftiould be delivered. Then were nam*d .Threefcorc to attend the Delivery oi the (aid Rea- fons at the Time ?.nd Place urorelaid.
The fame Day in the Afternoon, the Houfc entering feroufly into Conlullation what Courfe was to be held with the Lords ; as . ho falling into more Length of Difpuiaiion, touching the Bill of Merchants^ than were cxneded* (cm five Mem- bers as Mcfl'engers to the Lords to excufe their long urry ing. And about Five o'Oock the Com- mittee appointed d,d attend to deliver the Reafons aforefaid, at the Council Chamber, according to Appointment and Order of both HouT^s ; and they were delivered by Sir F'amii Bawiy one of the Committees, with delire, Th..t their Lordfhips would be Mediators in Behalf of the Houfe, for his Majtrfty's Siiisfadtion.
April 4, Sir Francis Bacon h:iving the Day be- fore delivered to the Lords in ! ic Cm r.cil- Chamber at IVhitthally according to the Dirc<tUon of the
Houfe
So The Parliamentary History
An.1. Taineii.^°"^^» ^**^ Rcafons in Writing penn'd by the 1604. ' Committee touching Sir Francis Geodwint Cafe, made Report of what palled at the Time of the faid Delivery.
Firft, That though the Committees employed were a Number fpecially deputed and fde<^ed ; vet that the Lofds admitted all Burgefles wiihout biftinj^tion; that tliey offered it wiili Teflimony of their own Speed and Care in ihe Bufinefs, (a as ihey faid no one Thing h;\d Precedency, but only the Bill of Recognition ; that tliey had futh Refpedt to the Weight o^ i[, as they had not committed it to any Frailty of Memory, or verbal Relation, but put it into Writing for more permanent Memory of their Duty and Rcfped to his Majefty's Grace and Favour : That in Conclufion they prayed thir LordJ}}ips, fuhencs they bad nearer Auejs. they would (O-operate zvith them for the King's Satiifcciion ; and fo delivered the Writing to the Hands of the Lord Chancellor, who receiving it, demanded, Whethei- ihey (liould lend it to the King, or firft pcrufe it ? To whi^h was aniwer'd; Th.it iince it was the King's Pleafure ihey fliould concur, they dtfired their Lordfliipa would firft perufe it. The Lord Cecil demimdtd. Whether they had Warrant to Amplify, ExpU:n, or Debate any Doubt or (^ueftion made upon the Reading? To which it was faid. They had no Warrant. And fo the Writinfj was read, and no more done atthatTime. j^pril^lhy Mr. Speaker, by a pnvate Command- ment, atiendcj the Kmgthis Morning at Eijjhs ^md there ftaid tillTen Mi Speaker excufeJ hisAbknce, by reafon he was commanded to attend hi'iM jcrty; and broupht MelHtge fn m his Majefty to this Effect. Thrtt iht Ksng had received a Parchn cnt from the Houle. U'htilier it wpre an abfoIuTe RsfoIuLionj or Reafon to give him Sausfaflion, he knew not: He thou[;ht it wns raihor intended for his Satisfac- tion. His Majefty protefted, by that Love he bare TO the Houfc as his Loving and Loyal Subjedls, and by the Faith he did ever owe ro God, he had as great a Defirc 10 maiuiaia their Privileges, as ever
I
0/ ENGLAND,
Si
a uy Prince had, or as themfelves. He had fccnAa. 2. JameiT, and confidered of the Manner and the Matter : He ^^♦- had heard his Juiigei and his CcuncHi and that he was now diftraiftrd in Judgment. Therefore, for his further Siitisfaftion, he defired, and command- ed, ai an Abfohte King^ that there might be a Con- ference between Che Houfc and the Judges; and that for that Purpofe there might heaSelefl Cotn- miClee of Grave and Learned Pcrfons out of ihc Houfc : That his Council might be prefent, not ai Umpires to determine^ but t9 Rep:ri indiffirenily m
Upon ThisUnsxpefted MeDagc there grew fomc Amazement and Silence. But at lall Otie flood up and faid, The Prince's Command is like a Thun- der-Bolt i.his Command upon our Allegiance like the Roaring of a Liun. To his Command there is no Contradiction ; but how, or in what Man- ner we (hou!d now proceed to perform Obedience, that will be the Queflion.
Another .-inrwereJ, Let Us petition to his Ma- jefty, that he will be picafed to bt: prefcnl, to hear, moderare, and judge the C'lfe himlVlf. Where- upon Mr. Speaker proceeded to this Quefllon. Q. IVhethr ti Confer wiih the Judges in the Pre- fence 6/ thi J^ng and Council? Which was refolved in ihs Affirmative. And a feled: Committee pre- fcnily named for the Conference, conlifting of iwenry-cne Lawyers, and fixteen other Members.
Thefe Committees were fcle^cd and appointed to Confer with the Juclgesof theLaw, touching the Rcafons of proceeding in Sir Fmnds Cosdwun Cafe fet down in Whring, and deliver'd to his Majetly in the Prefunce of the Lord; of his Majcfty's Coun- cil> according to his Highnefs'^ Pleafure fignified by Mr, Speaker ihi'= Day l» the Heufe.
It was further Refolved -.ind Ordered by the Hcufe, upon the Muilon to that End by Mr. Laurenre Hyde^ (u) That the aforefaid Committees fhould infid upon the Fortification, and Explain- ipg of the Rcafons and Aniwers delivered unto his Vol.. V. F Ma-
(u) Th'u MrmbCT Atftii^uiA'd titmrelf eteativ in the AdCaic of ItbBopoitt!. A*, 43 £/'^. See Vol. IV. p. 4;*, (J/<.
7he TarliameHtary HisroKt.
In. 1. jamej I. Majefty ; and not proceed to any other Argument 1604- or Anfwer, what Occafion foever moved in the Time of that I>;bale,
jfpriJ nth, \hs Houfe being met arcordlrg to Adjournment, Sir Frands Bacon wasexpeifted, and called, to make a Report of the laCe Conference with ihe Judges in the Prefcnce of his Majefty and the Lords of the Council : But he made ExCufe, faying, he was noiWarranted to make any Report ; and tantum perm]ffum quantum ccmmij^im : Never- ihelcf?, upon a Qyeftion, he was ^ver-ruled (o make a Report; and a Motion thereupon made, Th:it ihe Committees mij^ihi firft affcrnblc in the Court of Wards, and confer amongft themfelves, and then the Report to he made.
Sir Francis Bncp/it after the Meetifig of the Commitretsin the Court of Wards, repojtedwh.it h;id pafied in Conference in the Prefcnce of his Majefty and his Council. TlieKing faid, he would he Prefident himftlf-— This Attendance renewed ihe Remembrance of the laft, when we departed with fuch Admir-itlor. It wai; the Voice of God in Man : The good Spirit of God in the Mouth of Man. I do not Jay, llie Voice of God» and nor ol Man. 1 am not one of Herod's Flaltcrers, A Curie fell upon him th.it (aid it. A Curfc on hini [hat Tuficred it. We might iiiy as was faid to Sshnm, We arc glad, O King, that we give Ac- court to you, beciufe you difctrn what is fpoken. We let pafs no Moment of Timp, until we had refolvcd and let down an Anfwer in VViitingj
which we now hid ready. That fiihcnce wc
received a Mefl'ige from Ijis Majefty by Mr. Spea- ker, of TwoParts. 1. The one Paternal. 2. The other Royal, i. That we were as dear unto him as the Safety ot his Herfon, or the Prelervaiion of his Poflcrity. 2. Royal, That we fiiould Confer v/ith his Judues, and th?-t in the Prefence of him- feif and his Cuuncii. 'Jbat we did more now to King James than ever tvas done fime the Cdn^ue^^ in giving duount QJ our Judgments. That we had no Intent in all our Proceedings to encounter his
Ma-
5/ E N G L A N D. 8j
Mfljefty, or to impeach his Honour or I'rerogative. An. a. J«ma li
This waa rpoken by way of Preamble by him ***
you employed. How lo Report his Majefty's
Speeches be knew [nuij The Eloquence of a Kiog was unimitable. .
The King addrds'd himfelf to him as deputed by the Houlc, and f^id he v^ould make ihrec I'arls of what he had to fay. The Caule of ihe Meeting was to draw to an End the Difference in Sir /Vdndr/i GWufin's Cafe. If they required his Abfcnce, he was ready i bccaufc he feared he might be thought interefted, and fo breed an Inequality on their Part. He faid, Tliac he would not hold hi? Prerogative or Honour, or receive any Thing of any or all hb Subjcdo. This was his Magnanimity. That he would confirm and ratify all juft Privileges. This his Bounty and Amliy. As a King Royally: As King Jomei^ fwcctly and kindly out of his good Nature.
One Point was, Whether we were a Court of Record, and had Powtr to judge of Rtiurr.s. As our Court had Power, 16 hi^d the C/j^Atfrv ; and thai the Court that fi:rt had palled their Judgment ihould not be conlrouled. Upon a Surmife, and upon the Sheriffs Return, there grew a Difference. — That there he Two Powers. One Permanent; The other, Tranfitoiy. That tU Chancery uas a CinJiJeniiary Ccurt to the Ufe of ihd Parliament during the Time. Whatfoever the Sheiiff inleris beyond the Authority of hij. Mandate, a Nugition. The Parliaments of Etigland not to be bound by a Sheriff's Return.
That oui PnviU'gcB were not in Queftion. That it was private Jcriloufies without any Kernel or Subftifltc. Hi granted it loai a Court of Record^ ami tt Judge cf Rti urns. He moved. Thai neiiher Sir John Fjriijcue^ nor Sir Francis Goodwin might have Place. Sir John lofing Place, his Majefty did meet us half Way. Tltat when there did arife a Schifm in the Church beiwe:'n a Pope and art Ami- Pope, there could be no End of the Diffe- rence until they were both put down.
F a Upofl
Aa. 1. James I. 1604.
Upon ihis Report a Motion was made, That it mighl he done hy way of Warrant ; and therein to be inferted. That it wss done at the Ret^nelt of the King : And was further laid, (as anciently it hath been faid) That weiore more at a Parliament than we gain at a Battle. That the Auihoiity of theCommitttfe was only to foitify what was agreed on by the Hcufe for Anlwer, and that they had no Auihoitty to confent.
It was further moved, by another, That we fhouid proceed to take away our DifTention, and to preferve our Liberties; and faid, That in this we hfid exceeded our Commiflion ; and that we had drawn upon us a Note cf Inconftancy and
Levity. But the Acclamation of the Hcufe,
was, That it was a Teftimony of out Duty, and no Levity.
So as the Qucftion was prefently made:
^ WheTher Sir Jehi Forte/cue and Sir Frands Goodwin (hall both beiecluded, and a Warrant for a new Writ directed. Ami upon the Queftion, Refolved, That a Writ ihould ifllie for a new Choice, and a Warrant direOcd accordingly.
A Moiion made, That Thanks fliould be pre- fented by Mr. Speiiker to his Majef^y, for hisPre- fcnce and Dircdlion in this Matter ; and thereupon ordered, 'I'liat his Mrfjefty's Pleafure fhould be known by Sir Roger Ajim for their Attendance accordingly.
Becauic it had been conceived by Ibme, that Sir F.-atMs Goodwin being the Membrr I'pccially intcrelied, it were fit he fhould give Teftimony of hisLilcingandOoedience in thisCuurfe; being dealt wilhal 10 ihnt Knd he wri: VXs Lelter to Mr. Speaker; which, bijsri lh\$ '^utfiiQn made^ for tetUr Satiifac- tii/i (,/ we Huifey was read in thefe Worth:
S I R,
/Am heartily firry u havi ken the leaji Otcaftsn either of ^e/fion between h'a Mfijejiy and that FJoncurahle Ihufe^ ar of interruptisn to thoje worthy and iveighly Caufet, ivhkh by this Time, in aU Like- lik6sd, had been in very goad Fttrtkeranct : IVherefore
under'
I
0/ E N G L A N D. 8j
mnitrp&nding very credibly^ that it pUafid his ^a-j^^ ^ iwiwl j^Fy, whn thi Committer hjl attended hirrty to tah ' iU^, Ciurfi with thrm f9r a Ti)itd ff^rit and Ekciimfor the Knightflip of the County of B'Jckingtiain ; / am /* Z*^"* J^^^ i^ving any Imptdir.tnt thercunts^ that cantraTTVo'tfey / humbly diftre hit Mnjefl/s Dire^fion in thct Bebaf w he aacmphjhed and pe^-formed. So praying ym, according to jiich Opportunily as toill te miniflredi t9 give Furtherance thereuntil I take my Leave, and reft
Vft^.this XUhaf lours, Mojl affiired
April, 1604.
Dirtied , To fif Rffif »V- tt be Commandedy
fiiffiit •a/r Edwaxti Phclips,
April 12th, a Motion was made, That Mr. Speaker, in Behalf of the Huufe, (hould Pray Ac- cefs 10 his Majefly, and Prefcnt ihcrr Humble Thanks for his gracious Prefence and Djreilion, upon ibc Hearing of Sir Ffamii GoodwinS Caufe; which was aller ltd unto : And Sir Rogtr Aflcn, a Servant of liis Majefty*s Bed- Chainher, and one of the Members of the Houfe, was prefently appointed to know his Majefty's Pleafure ; which he did ac- cordingly j and re[Litned, Th.it his M^efty was willing to give ihem Acceis in the Gallery at IVhitehally a: Two in the Afternoon, the fame Day. Thereupon a Committee was Named to arrend Mr. Speaker to the King, wiih a General Warrant to all Others that fliould be pleafed to Accompany ihem.
The Committee, Specially Named, were, All [he Privy Council ot the Houfe, and Thirty-eight Members more.
Accordingly, the next Day, Mr. Speaker re- lumed to the Houfe the EfTed of his Mellage of Thanks, Delivered in the Name of the Houfe to the King i as alfo of his Maicfty*ri Anfwer, w's.
That he related to his Hignnefs the Humble and
Duiifui Acceptation of whtit his Majefty had done,
tngfther Willi ;lic humble Thanks of the Houfe
F 3 *"«<f
The Tarliamentary History
Ant a. J«mc5 L for his Zealous and Paternal Delivery of his Grace
»w« unto Us, by his own Mouth : What Wonder
they conceived in his Judgment, what Joy in his
Grace, what Comfort they had in his Juftice,
what Approbation ihcy made of his Prudence, and what Obedience they yielded to his Power and PieaCure.
That his Direftion gave all Men Satisfaftion. That they were determined to purfue the Courfc he had prcfcribed. Thatnow they were becomeSuitora, he would be pkafed to receive a Reprefentallon of the humble Thanks and Service of the Houfe.
His Majefty anfwered. That upon this Second Accefs, he was forced toreiler.ite what he had laid before. That this Queftion was unhappily call Mpon him, for he carried as great a Refpci^ to Our Privileges as ever any Prince did ; he was no Ground- Searcher ; he was of the Mind that our Privileges was his Strength : That he thought the Ground of our Proceeding, was our not under- flanding that he had intermeddled before We had decided : That he thought alfo We had no Wilful Purpofc to derogate any thing from him, for Our Anfwer was a grave, dutiful, and obedient Anfwer,
But as (he Devil had unhappily caft ihis Queftion between them, Co he faw God had turned it to two good Ends and Purpofe5. i. One, That he knew and had approved our Loyalty. 2. Another, That he had fo good an Occafum to make Tefli- mony of his Bounty and Grace.
That as we came to grve him Thanks, fo did he redouble his Thanks to Us. That he had rather be a Kin^ of fuch Subje^fts, than to be a King of many Kicigiloms.
The Second Piirt of his Speech dirciflcd to the
Lords and Us. That this Parliament was not
like [o be long- That we would treat of fuch Mat- ters, as moll concerned the Common-Wealth ; and thc!aft,ofany thing that concLfnedhimfelf. — Three jnam Buiireiles in our Hands: i. The L^nion. 2. Sundry PubnckandCommcnwe.iUh-Bil's. 3. Mat- urof ReIigion,andReformation of Ecdtfiaftkal Dif-
QTENGLAND. 87
cipline.— ^Fot the Union, that it might be now An. ». Juant. prepared, and profecuied tijc next Stffion. That >M' Union> which with the Lois of much Blood could never be brought to pais, as now ii is. That the belter to bring it lo pals, We (huuld be in Affec- tions united.
Thsl We fhouM firft with all Care proceed in Tuch Laws as mi^ht concern the general Gciod.
That all Hercfiea and Schifnis might be rooted our, and Care taken to plant and I'eitlc God's true
Religion and Difcipline in the Church. That
his Wi(h above al! Things, was ai his Death to leave, I. One Worfli:p 10 God. One Kingdom entirely Governed. One Uniformity in Laws.
Lirtly, Th,u his Occafions wcie Infinite, and much beyond ihole of his Predcccflbrs ; and there- fore that in this firft Parliam-nt We would not lake from him that which We had yielded 10
Others. I hat in his AfTcdtrons he was no
way Inferior to others, nor in hsDifite toeafeUs.
Then the Warrant fora New Election oU Kru^ht •
for BuciSf was Read and Allowed in this Form:
(Vhereas iht Right Hoimrabk Sir John For- tefcue. Knight^ ChamtVor of his Majejiy's Dutchf 9f Lancafter, and Sir Francis Goodwyn, K/ugkty have ban jtveraliy Elt£itd and Retwmd Knighti ^f the Shire far the Courtly of Bucks, to ferve m tbii prefent Parliament : Upan deliberate Confultatisn^ and for fame Special Caufes moving the Commons Hsufe of Parliament : It is th-'s Day Ordered and Ri^quired by the Jaid Houfe, that a fPrit be forth- with Awarded for a New Eie£tion ofatiother Knight for the faid Shire ; And thii fimll be your H^arrant~{z)
Viac(\tAf "To my tttrj Loving Frint/f Sir Goorgie Coppioi Kni^ht^ Cltrk of the C/awu in Hit Majffy'i High Courl t>J Ciancery,
To go on with the Proceedings of the Lords in
1 his Parliament: According to ilie Credulity of
thofe Times, a very fevere Bill was Iramed and
b[oughl
fu) Notwithftaoding Sir Francii G^iJvoiit wai that remat'd out vf the Hnfrt he was Coon jftcr clcfted for thc'JWcnol Bbtb'sg* lam, vn ih« tJrCMft ut 'S» Zd-KU'd Tcrrcl, Knt.
WiUJs') ifttitieFatiiaantarij,
A4. S. jimn I.
Adultery.
Act reljting to Alc-Houfes.
TbeTarliamentary Histout
brought into that Houfe, Againfl Conjuratlmy iyiid}craft^ and DtoliHg with fvil Spirits. On the fecond Reading, the Bill was referred to a large Com- mittecjin which were included twelve Bifliops. This Bill parted into a Law ; and by it was cnafled, (a) ' That if any Pcrfons fliall ul'e* pruflifc, or exercife any Invocation or Conjuration of any wicked or evil Spirit i or{h.illconmk,covenantwiih,entertain,cm- ploy, or feed, any fuch Spirit* i^r. the firft Offence to be Impriionment for a. Year, and ftanding in the Pillory once a Quarter-, the nexc to be Death.* This Law continued in Force to our Days, when it was wholly abrogated by a bie ^^61 of Parlia- fnent: The Great-Grandfons of ihefe fupe;fti- tious Men, not having fo great Faith in the Works of the Devil, as their Anceftorsfi).
Another wcU-meaning Bill did not meet with the fame Succcfs;, which was. For the better re- preJfiHg the dftejfable Crime of Aduhery. This Bill had been comiititled; but when the Report came So be made, the Earl of Hertford faid. That they found Che Bill did raiher concern fome particular Pcrfons than the public Good; and therefore they returned it as they received it. On which the Bill was drop'd,and we are left at a Lofs to know wl:at Pun;{hmtnt was to be affii;ned to this heinous and " too common Offence. Bui a Bill againil Drunkards and common Haunters of Alc-Huufe^and Taverns palled into a Law \ the Pcnaky was ten Shillings cJn every Publican offending i und if he fold the heft Bter for more than one Penny a Quart, and fmall Beer two Quarts for the fame, he forfeited twenty Shillings, ^c. {() By the iift of J at. I, C'iP' Vn. it Wii3 made perpetual.
On the 14th of April came on an Affair of much greater Moment ; fur, on liiat Day, the Lord Chancellor made a Motion, Thai as in the Jting's Speech, both in the Beginning of the Par- liament,
(^t Am I, ^at. !. Cap. XII. Statute* at lirgc, ih) In the Reign of Kif^S Cterge Jl,
O/ E N G L A N D. 85?
liamcot, and fince upon Refort of divers Lords An. t. Jii«« I. and Commons to him at Court, liis Majefty had ***** iccommendcd it to them to proceed in fuch Mat- ters, in (his his firll Parliament, as are of grcaleft Importance to the Staie; and cfpccially in that Particular of an Umon between tlie Kingdoms of Efighnd and Scstiafid. B'm LordDiip moved thai forae Propofuions might be made to the Lower a Conference Houfc, for a Conference Jrbout ibis Affair. ThisP;'*i;j'2'j;J"^5 Propofal was agreed 10 by both Houlb, and a very t^eca England' ' large Committee of Lords were :\ppointed, whoand Scotland, were to meet the Committee of the Commons, ihat Afternoon,
What was done at this firft Conference is not cnter'd in the Journals. Bur, we are lold that on the i6th, a MtlHige was font to the Lords, and de- livered by Mr. Secretary Herbert and others of the Commons, * That the Commiiiee of that Houfe had reported to the rtil the Propofitton made to them by the Lords, as from his Majefty, about the Affair of an Unisn. That the whole Houfe judg- ing this Matter lo be a Caufe of very great Impor- tance and Confcquence; It oiight to be proceeded in with great Caution and Deliberation. They there- fore thought it nccelfary not to proceed in the Conference, till every M.in of their Houfe had coniidered of and delivered his Opinion about it. And, they had appointed a Day to cnltr upon that Debate, till which Time they defired their Lord- (hips to hold ihcm excufed lor fartlier Conference.'
On the jift of Jpril the Lords fell ajrain upon this Bufincfs of Unm ; when Uie Lord C^rV pro- duced a Paper containing a Draught, or Form, de- Tiled by the King hiinfelf, for the Accomplifli- menr ot this g,r2at Work. The Paper was read to ihc Ho .fc, but nor offered as a BiJl, only as a iliort Draught or Mi^morial, on which a Bill might be afterwards aerced on. We art !K>t told what the Subftance ef mis Propofal from the King was i nor do wc meet with any m'ln; about this Matter in U?c Lords Jsur/iais. iiil the Ul Dav of ih.s Month,
5© The Parliamentary History
Ao » hmeil ^* which Time the Lords fent lo defire another i6a«.- Conference with the Lower Houfe, and promifed them that they wouM inform ihemrelves, by [he Opinion of the Judges, concerning the Name and Appellation of Great BritaiNj and acquaint their Commluecs therewith: That Afternoon being appointed by both Houles for the Conference, in the outward Ciiamber of the Parliament's Prcfcnce, the Lords began again to deliber^ite on what Points were ncceflary to proj^fe at the Meeting. When the Lord Chiucellor fiarted the following Particu- lars, which were agreed to by the whole Houfe,
1. • To acqu:iint the Commons th:\t the Judges
* had given it as their Opinions, that the Name
* cannot he aitered now, wiihout Prejudice lo the ' State. Therefore, Rebuific Jiantihui^ ihat Point ' was at an EnJ.
2. ' That the Lords did defire to have mulual
* Conference with them, on the other Point j ' which was, concerning the Commiffion, accor-
* ding to his Majelly's Propofal.
3. ' To be moved unto them for the Nomioa-
* tion of Coratniflioners this Parliament to treat of ' ihofe Matters.
4. * The fame Committea of both Houfes may
* be feleii^ed and appointed for the framing of a
* Bill touching this great Affair' There is no Account in the Lords Jcurnah re- lating to .my farther Pioceedings about this Matter, except, thrtt a Bill was brOui;ht in 2nri pnlVed into a Law, forappointing EngUjh Com.iiiflioncrs to treat with a leled Number ot Scoub on this grand Con- cern between the two Nations. But the "Journals of the Commons are much more copious about it; in which Houfe, the Affair was argued, proi^tan^ for fi;veral Days together. The Clerks have taken Huu5 of the Arguments on both Sides, for and a- gainft this l/jiian j which are entered in the Pro- ceedini|,s of that Houfe. Several of thcfe arc fa fhort as not to be underftood ; and the whole Dif- pute, (ince it tnded in little or nothing, is ttw pro- iU and tedious for our Purpufe. Wc ihall conien(
ovw-
0/ E N G L A N D. 5)1
ourfdves with giving the King's own Syftem for the ^^ ^ .^^^^ ^ Umsn, notinlcr:cd in the Lords 7fl«ri»j/x ; and a ' I'tio^. Copy of the King's Original Letter to this Houfe, on this Affair, in its own peculiar Orthography j which (hews that he fpclt his Enghjb according to ihe S(6tih Pronunciation of it at that Time.
7hi King's Proposals for en UNION.
THIS Propofuion, which now I make coiv ccrning the Union, h far as now I cra- ved to be aflbnled unto at this Parliament, is qo further but a particular Explanation of a Part of my Spcccli I ufcd tn the whole Parliament, about the Matter of the Union; which being twice re- peated by me in ihe Parliamcnt-Houfe, and then after printed, and publickly let out lo the View of all the World, was {as I am informed) fo well accepted and applauded by all, a3 I made the Icis Doubt to make this particular Propofuion in • • own Time thereafter. • The Subftance of the Thing, which now I crave to be done, confifteih only in two Points : ' Firft, That by a Bill, or A6t, framed in this Parliament, it may be infufcd in all the People's Hearts, that, as it is already fet down in the Re- cognition of [My] juft Pofleffion of the Crowns of both the famous, antienr, and honourable Na- tions of England and Scetlafuly dwelling within [one] Iflc, and only compaflcd by the Ocean, are now, by the great Bicfling of God, and to the perpetual Weal of both the Nations, [united] under one Allegiance, and loyal Subjection, in me and in ray Perfon, to my Perfon and my Poftericy forever: And that thereby, thar which accreafcth to me and mine, and to the Weal and ! Strength of the Subjcfls of both Countries, may be rightly conceived, and [cleariy j undcrftood, by all Men.
« The fecond Point is, That although it be not my Meaning, neither a: [this] Timj, nor never hereafter, 10 ah^r or innovate the fundamental
• Jt^aws,
«
»- L^jj'i * La\**8, Privileges, and good Cuftotrls of this 160^" ' * Kingdom, whereby only the King's t>rincely Au-
* thoriiy is cohferved, and the People's (both in
* general and particular} Security of (heir Lailda,
* Living, and Privileges, is maintained unto ihcm ; ' yet, that it is fir andconvcuicnc. for the nourifti-
* ing and increafing of the mutual Ufe among ' [the] Members, and Two Halfs, as it were, of
* the Body, that all Sons, particular, temporal, ' or tndifferttit. Manners, or Sraiutes and [Cuf-
* toms] may be agreed upon, and welled in one,
* as they are all one Body, under [one] Head:
* And thLTcfore, that Commifll oners may be ap- ' pointed by the Pailiament, authorized 10 confer
* and confult wiih fuch ScatiJ}) Comminioners, as
* (hall be felctled to mctt with them, for the ma- ' king of the Frame to this Effcit, to be piopoun-
* dcd 10 the next two Purliumenrs of Enghtid and
* Scotland i that thereby, .md b.' the happy Con- ' clUfion iri the tWo next Parliaments, not only ail ' Queltions, and unhappy Rubs, which may here-
* after, at any Time> be unluckily caft iri, may ' then be decided, and put to a quiet EnJj but all ' other Means may alto then be ufed, for increafing ' the mutual [,ove, quenching nil Sparks of old ' Debates, and conforming them amnng themfelvcs
* to that Uniformity of Manners and Cuftoms, ' which God, by his Providence, in apparent Sight ' of all the World, hath begim, and by the finifh-
* ing whereof, the true Meaning of that Acknovf-
* Icdgment in my Recognition may be performed
* and accomplifhed.
* As for the Bill, which to this EfFeft I did < frame, it wuuld never have proceeded ol" me, to
* have lb far ovcrweened myfelf of ihe Laws and
* Cuftoms here, as to have ftraightly ihcrt-by pre-
* fcribcd to the Parlijmeiit, what Words they
* fliould prccifcly ufe in th.u Purpofc; but being
* huinbiy rtq elled by Fr/ific'ts Boim (then Mouth
* of that Pirt of ihe Houfc, which came to me)
* that, for the Supply rif his Memory, I would
* Jhoitly kK down the Subftatic« of that Part of
* xn/
I
0/ E N G L A N D. ^^
' my Speech, ihen publicWy uttered to ibe Lower An. ». jtmA ] Hotife, I was contented lo indift it ro him as it 1604,
â– h.ith been often read in your o|/en Audience: But 1 am fo far iVom beinj; wedded to any Opinions of mine, in the Form thiTeof, as whaiicever Wards miy be found, by the Parlia- ment, by their Committees, or the Jud^ of the Land (whole Opinions I will ever reverence and honour in their own Elements) which arc
' contained wiihin my laft Project, which maybe found to be contrary or derogatory to the Provi-
' foes or Explanations of my Meaniiig therein fet down, I am heartily wel! contented, that, by the Advice of the fame Judges, they may be cleared, guarded by Cauiiuns, changed, innovat- ed, or utterly fcraped out, as may beft agree with the Subllancc of my Meaning, and efchew any inherent Contratiiciion, which may be leaft lurk- ing wiihin the faid Bill, or A<lt of Parliament to be made: And elpcciully, hecauTe I hear greateft Doubts and Qucilions of Law made, that the r.Qumtngthe Word and Title of firatatiy^ by Adt of Parliament, before the Accompli (liment of thefe Particulars, may imply any Iccret or [tacit] Derogation lo the reft of the p.irticular Conditi- ons included in [the] fame Bill ; although my in- ferting of the jwrtiailar Name now, was only for the better Furtherance of ihc Grounds, which are before rehearfed ; yet am I fo far from allowing or permitting any tacit Contradiction, orObfcurily, in that Matter, which 1 by [allj Means prcis to have fo clear and c^'ident, aa I will not only, [(] the Truth be upon ihat Side, be content cf the Omiflion of [tht] K.ime, for this Time, but think, and ever efteem, tliat I have great Caufe to thank and account well of the learned Judges, and other wile Men whofo-
L«ver, thai by thefe Means will prelerve me from
pbeing the Caufe for m;iking an implicit Contra- didion to mme own Meaning to be contained within M^ own Law i which could not be wil- lingly done by mc, without Spot lo my Honour,
* pre-
94 V 'Jbe parliamentary Histqrt
Aa.2. Jameii." pretending one thing, and purpofing another!
J604. « and to the ^reat Harm of the Subjedb of both
* the Realms : But this to be fo underftood, that
* if, on the other Side, [there] be but Doubts, caft
* in by the curious Carping of fome, wrefting and
* mifinterpreling the Law againft the true Meaning
* [thereof]; that then, and in that Cafe, as I am
* bound in Honour * * to my formerly fet-down ' < Words, fo all my good and loyal Subjefts, of
* both the Houfes, will concur in aflifting me,
* [not] to be over- ruled by Wilfulnefs, where I ' cannot be convinced by Reafon.*
A Letter from his Majefty to the Houfe, in the Matter of the Union^ written with his own Hand, delivered by Sir Rager Afton to Mr. Speaker, read publickly at the Board by Sir 7^, iMke^ ftanding by the Clerk, as one beft ac- quainted with the King's Hand and Phrafe. The Letter followeth in thefe Words ^d) :
rE fee, u'lth quhat Cleernes and Sinceritie Ihavt behaved mtfelf in this Earande, evtn throuch all the Progrejje thdinf, thoch, I will not faye, too ' iittel regairdit by you, but I may juflHe faye, not J9 ttillinglie embraced by you^ as thellorthinei of the Mait- ter doth uell deferve, I protejie to God^ the Frui£ies theirof a'tU chieflie tende to youre owen Uell, Pre^e- fitie, and Increafe of Strenth and Greatnes : No- thing can flaye you from harkemng unto it, but Ja* hupe and ■Dijlrujle, ather of me the Prepounder, or ef the Matter by me propsunditt: If of me^ then dee ye both me and yowe felfis an infinite Uronge, my Conference bearing me Rccorde, that I ev.r deferved the contrarie at youre flandis ; but if youre Dijlrujfe be of the Maitter itfelf then diJlrujJe ye nothing but youre owin Vifdomei or Hone/iies : For as I have ge- vin aver urangling upon XJordis uith yoUy fa crave t no Canclufion to be taken at this Tyme heirin, but on-
{d) The onginal letter is here inTerted, in the King's Haiu), bat without his Sign Maniul ; ind is thus endorfcd ; " Ktx, His ** Mijefly's Letter to the Commoni Houfe of Parlismeot, touohv ** iag the Jitfstter of C/a/ew, i" JJftfrV, 1604-"
Nfts in tbi printedi Jnfmht
Of E NG L A N D, pj
(y a Csmmijjion^ that it mayi bt difputid^ ($njiddmd f^„^ ,, j,^, f" upefiy and reprtid unto you; and then uiu ye be 1604. ymre owin Coakes, to dnjle it as ye Hjie ; So that {as I have aUreiddie /aid) fime the Condujion tha'trof can never be uiibmt yeure cwin Jjjeintts j if ye bt zrnu to youre filfiSy no Man can deteavt ym in if. Let not youre /e^s thairfore be tranjported with the Curio/uie of a Jew giddie Headis ; fir it is in you nou to make the Choice^ at her, (^yielding to thePrO' videme of God-, and embracing that, quhiche he hath eaffin' in youte A-euthu, to prccure the Profperitie and Imreafe &f Greatnes to me and myne^ you and youres ; and^ ly the auaye-taking of that Partition- uaff, ^uhiihe aflreaddiey by Goddii Prcvidente, in my Bfoode is rent afunder^ to ejiablijbe my 7hrone, and yourt Boddie pclitiiey in a petpetuall and fi&orijbing Peace ; w eliis, imtemning Godd.s Htnefites^ fs free, fy ofred unto us, to fpitte and blafpheme in his Face, ly praeferring XJarre to Peace, Trouble to ^uyetnet. Hatred to Leve^ Ueaknes to Gre/tnes, and Divifton to Union \ to fence the Scidis of Difcorde to all eure Pojleriiies ; to drjh'.naure ymre Kir.g ; to make both me and you a Proverbe of Re^rocke in the Afouthis of all Straingfris, and all Eanemies to this Nation, and Envyars of my Greatnes ; and sure next La- hore to be, to take up new Guarifons for the Bor- douris, and to make new Fortifications thaire. Sed nieliora ipero. / hottpe, that God, in this Cheicey and free Uill of youris, uiU not fuffer you, utth oUe Ada me, to choje the worfie, end fo to procure the defacing of this earthlie Paradife ; but, by the contra- rie, that he Jhall infpyre you fo, as, uith the feande Adame, ye Jhall product Peace \ and fo beutifie this oure earthlie Kingdome heereuith, as it may reprefente^ end be an Arles-pennie unto us, of that eeternal peace in thai fpiriiual! JGngdome^ quhiche is pra- pared for the perpetuall Rejidence of ail his ehofen Children.
Notwithftandiiig thcfc Remonftrances from the King, this Affair went on but he:ivily in both Hou- fes i nor was there any fceming Likelihood ol' an Union between the two Kingdom! to be confirmed
this
p6 The Tarliamentary History
Aq. !• Jamei I. 1604.
thU Seflion. They had been almolt, at a coiuinucd War together, ever fince the Time that the Romatjs invaded and took Pofleffion of the Southern Pari of this Ifland. It was carried on by Intervals, after the Saxons came, and our H'lftories are too full fince the Norman Conqueft, of many direful deftruftive Battles fought between ihefe evil Neighboun. Now was the Time to put j final End to ihefe inieftine Warsi and, by bting one Nation, v.ith an undi- vided Intereil, :o be a Match for all the World befide. But though ihisPnrliameni, at the King's Dcfire, went upon the Aftair and brought ii to fome Forwardnefs, yet i[ is eafy to fee th;it the Matter was treated very coaly throughout thisScf- iionj and, in ihc End, it was lett to CommifTion- ers, to manage it by themJelves.
The At\ for appointing thefe CommiOioners 13 Ett&iiih Commif- not printed in the public Statutes j and we arc
[rjSt''w-t"Jhl*^^'^S^'^ '" ^^' '^'i/^«» '^^ Author of this King's &DSr«htingEo I-ifc, for ihe Eri^LjJb Com miflioneis Names, and iheUnioncF r!ie fome Account of thciT Fower in concluding the tw&KinBiomi. BuHners. The Commif]Joners for E^^ghwd were the LordChanci-'lIor /T/Zf/'w^r^, ihc Eurls oi Dor/ftj Nottingham, Sjuthompton, Ptmlroh and Nor- thampton ; the Bifhops of Lotitiofi, Durham and i)t. Daviil's i the Lords Cf»;/, Z^uiht M^nteagle^ Eure and Sb-efficld^ cjf the Higher Houfc. For the Comninns were Thma^ Lnrd CUntan^ Robert Lord Bufkhurji^ i>'\r Fravin Hijlingi^ '&\t Jshn Stunhope^ Sir Jahti Herhtrty Sir Gwge CfJrry;, Sir Thomas Stridhnd, Sir Edivard Stafford^ Sir Hen^ Nevile of Berkjhhe^ Sir Richard Bmkley^ Sir Henry Bil- hugfity. Sir Daniel Dun^ Sir Edward Hobby, Sir jfo/jti Savi.'e, Sir H/^btrt IVroih^ Sir Thct^ai Cha- kr.er^ S:r Robert Mativfel, Sir H^omas Ridgnvay, Sir Thcma^ Hokroft^ Sii Thmas HeJIceth^ Sir Fia»(ii Batofiy Sir Lawsnce %2nfield^ Sir Henry Hoharty Sir Henry Wiibngten^ S.r Ra}ph Gray, Sir T/.-omm Lake, Kni^hs; J bn Ben/.^ty.L.h D. Robert Aikw'th, 7hmas Jama and Henry Cbcpman, Ciiiaensand Merchants. Thefe, or any eight of Ihc laid Lcrds, and twenty of the faid Commons^
ihaU
0/ E N G L A N D. ^7
{hall have Power to aflemble, meet, rreat and*°'** J"°"^
confuii, with certain felefl Commifiioners, to be named and authorlfed by the Parliament of Sict- iand^ Concerning Ajch Matters, Caufes and Things, as ihe)^, in iheir WilOoms, Dial! deem convenient and ncceflluy for the Honour of the King, and common Good of both Kingdoms.
Notwithftanding ihis grand /fpparatm was made to plejfe the King ai this Time, yet it all came to Nothing. The Commifiioners on both Sides no Tooner met, than they found ihc Matter imprafti- cablc. The Scotch, tho* we had taken their Kjng, yet abfolulely refuled to be governed by any of our Laws; and, iho' there were fome more Attempts made for this Union, in this and fuccecding Reigns, yet they all proved abortive ; till this griind Affair was, at la ft, compleattrd in our own Times: But whether to the gcnenl Saiisfacftion of both Nations, is a Queftion of another Stamp.
There was an Atiempt made alfo, this Sefiion, for another Union, of a different Nature, at Home ; and that w^s to bting ;ibout a Reconciliation, in Ecclefiaftical Affairs, between thole of the Eftn' blijhid Churth and the Prctejldnt Dijfentsri. It may be obferved that many Atcen)pts were made, throughout the whole Courfc of the laft Reign, for a farther Reformation in Church Matters; and, had not the Queen ftood firmly by her Billiops, iheir Hierarchy, would then have been in all Proba- bility, overthrown. In this Reign, the King en- deavoured ro put Things on a better Footing be- tween Ihemi the Lords Jourmh take Notice that April 1 8th, Mr. Secretdty Herbtrt brought aMef- fage to the Lords, from the Lower Houfe, to this Effea:
• That whereas their Speaker had fignified to the whole Houfe his Majefty's Pleafure that a Conference fhould be had, with certain of the Lords the BiOiops, concerning a Reformation of certain Matters and Rights of the Church, of which fome Complaints had been made; and for a better Corrcl'pondcnce to be held betwixt the
Vol. V. G Clergy
1604,
^^^Mb
A Conference appointed forR
tCfS.
5)8 TheTarllamentary Histort
Ao, I. Junes 1. Clergy and Laity for (he future : The Commons '^ +■Were willing to have fuch a Conference with fomc feledt Number of the Bifhops; but io, to confer with ihetn as Lords of the Higher Houfe of Par- liament, and not in fuch Condition and Qualirv as they arc of the Convoccition Houfc' To which MefTage the Lords faid ihey wculd return an An- fwer the next Day» or» as loon as they conve- niently might.
The next Day an Anfwer was returned by the Lords, that ihey approved of a Conference, and foi'mjtion of Ec- had nominated Thirty, or thereabouts, of their cWiailictI Mk- Houfe, a CommiUee for that Purpofe. This Committee confifted of all jhe great Minifters of St,iTe, leven Earls, eleven Batons, and fourteen Bifhops. The Commons appointed Sixty of their Houle to attend the Lords; but the Kirsg rightly judg'ne: that this great Number from both Houfes, would rather perplex than conciliate the Confe- rence, feni a Medage todefire them to conftitute Sub- Committees to treat about thefc Church Af- fairs. On which the Lords named only Nine of ihc former Number, and the Commons Twenty; which were to meet, on the 21ft of May, in the 'Council Chamber of the Court, to feuie this Bufinefs.
The Lordi Jmrttah leave us Ihort as to what was done, or agreed on, at this Conference between the two Houfes ; but thofe of the Cmmsni give us certain Articles or Inftrut^ions, on which their Committee was to treat with that of the other Houfe. The Articles were as follow;
I
I
The Arriclrt to
I. hiprimii. TIHAT the Articles only con- X cerntnp^the Dodtrineof Faith, and of the Sacraments, whereunto the Minlftcrs ought to fubfcribe, by the Statute of the r3th Year of the Reign of the late Queen Eiizabsthf may be explained, perfefted, and eftabliQied by Parlnuneni ; and that no contrary Doctrine may be taught within Ihis Realm j and that all Maf-
* tcrs
0/ ENGLAND. 5)5.
* ters of Houfljold may be compelled to iubicribeAa. i. jtaM-^;
* unto the fame Articles, as well as the Minifters- i6o4y_<>^ ^=, 1. *'Itemt That from henceforth none other be hj ^ 'JN
* admitted to be Minillers of the Word and Sa- j -l - - • 'J:
* craments, than fuch as are, at the Time of their \p â– > ^ . 'j
* Admittance, Bachlers of Art, or of an higher \ s-. '• ^ '■4.
* Degree in Schools; having Teftimony from the \'^, ' ^ ' Univeriity, or College, whereof he was, of his \^--s
* Ability to preach, and of his good Life ; or clfe ^'.'-^ ' fuch, as are approved, and allowed tu be fufii-
* cient to preach, and inftrufl the People, and to ' be of good Life, by fome Teflimonial of Six ' Preachers of the County* where the Party dwel- ' leth.
J. * ///OT, That from henceforth no Difpenfa- '
* tion or Toleration fhall be allowed to any, to ' have or retain Two, or more Benefices, with
* Cure of Souls, or to be non-relidenl ; and that
* fuch as now have double Benefices, or be non- ' refident, {hall give fufficient Allowance yearly to
* maintain a Preacher in their Abfedce -, and that, ' for this Purpofe, the Incumbent fhall be allotted ' to make his Refidency in one of his Parfonages,
* to the Intent, that in the other Church a cer- < tain and conftant Minifler may be maintained
* and kept.
4. • Alfo it is thought meet, where the Living
* of the Vicar, or Curate, is under Twenty
* Pounds by the Year, that, for the better Main-*
* tenance of the Vicar, or Curate (being a Preach-
* cr) there may be fome Increafe made of hia
* Living, as fhall be thought convenient.
â– 5. ' Alfo it is humbly defired, that the Lords ' would confer with us, touching a Petition to be ' preferred to theKinjii's M;jefty,thal, by his gra-
* dous Favour, fuch Order be taken, that no Mi- ' nifler be forced to fubfcribe, otherwife than to
* the Articles concerning only the Doilrine of ' Faith and Sacraments, whereunto by the faid
* Statute, made in the 1 3th Year of the Reign of
* the late Qj^een Elizabeth, they are appointed to
* fubfcribe.
G 2 6. «A1-
An. 1. Jamci I. 1604.
A Pttitiofi for IMrpenJjnj uith
tcts iniiiTattnt.
6. ' Alfo to confer with the Lords, that iiich fetthful Miniftcrs, as dutifully carry themfelves in their Funflions and Callings, teaching the People diligenily, may not be deprived, fulpend-. ed, filenced, or imprifoned, for not ufing of the Crois in Baptifm* or the Surplice, which turn- eih to the Puniniment of the People. * Touching Ecclefialtical Courts, there is a Bill drawn by the Committees, ready to be preferred to the Houfe.'
In ihe Commons 7tfjvr«(;/j, we find, Thztjufit i^ih^lvFrnndi Huflifigs made a Report lotheHoufej of what their Sub- Commit tee had done, who were appointed ro fearch Precedents, touching inter- meddling wiih Ecclefiailical Matters. Several Pre- cedents and Laws were produced; As, alfo, the Form of a Petition for a Difpenfation, with fofne Minifler$, in Mata-rs indifferent, £?V. which Peti- tion follows in ihel'e Words :
To the King*s moft excellent Majefly. Moft dread Sovereign :
* TT^ORASMUCH asycur Majeftvt oulof your ' JL princely Favour, hath vouchiai'ed to fig- ' nify your [gracious Pleafure, that we fliould enter
* into Confultation of Things that concern the ' Eftabiifbmcnt of t:ue Religion in this Land, ' thereby, as by many other ways^ making evident
* Demonftratiun of your Majefty's mttft religious ' Aftedtion and princely Wii'dom in the Dircflion
* of Thefe dufes; we have thought it expedient, ' rather, by this our humble Petition, to recom-
* mend to your Maiefty's '^cidly Ccnfitferaiion ccr-
* tain Matters of Grievance, refting in your roy-
* al Power atid princely Ztal either to abrogate ' Of morieraie, than to t«ke the public dilcuffingof
* '*he fame unto ourfclves ; to the End (if it fo Hem
* good to yuur HighnefsJ wp may, from the facred
* Fountain of your Majclly's mofl royal and reli- ' gious Heart, wholly and only derive fuch con-
' venient
I
(
I
Oy E N G L A N D. loi
Fcniem Remedy and Relief therein, as to your^"'*'^"^* princely WiCdom fhall feem moft meet. '^
' The Matiers of Giievdnce frhat we be not
' troublefome to your Majcflyj are ihcfe: The prcfling the Vie of certain Rites and Ceremonies in this Church i as the Crofs In Baptifm, the wearing of iheSurpHce in ordinary Parifh Church- es, and the Suhfcription required of the Mini- fters, further than Is tommanded by the Laws of the Realm ; Things, which, by long Experience, have been found to be the Occafions of fuch Dif- ference, Trouble, andCanieniionin ibis Church, as thereby divers profitable and pamful Minifterj, not in Contempt of Authority, or Defirc of Novelty, as they fmcercly profefs, and we are verily perfuadcd, but, upon Confcience towards God, refufing the fhme, fome of good Defert have been deprived, others of good Expesflation with-held from entering into the Miniftry, and Way given to the ignorant, and unable Men, to the great Prejudice of the free Cnurfe and fruitful Succcfeof the Gofpel, to the dangerous Advan- tage of the common Advcrfaries of true Religi- on, and to the great Grief and Difcomforl of many of your Majefty's moft faithful and loyal
-Sobjedls. - In tender Compaffion whereof, may it pleafe your excellent Majcrty, of your Zeal towards tlie Gofpel, to vouch fafe fome gracious, princely, and favourable Confidcration of the Burden of thefe Grievances, under which this Church hath of long Time groaned; in doing whereof, we are verily perfuaded, your Majefty fhall much more eafily accomplifti your religious Intendments; the one of fettling the Peace of [his Church, the uiher of planting a learned and faithful Miniftry through tiiis Realm i alfo your Majefty {hall greatly comfoii the Hearts of many grave and learned Miniftcrs, give much Content- ment lo your Highnefs's moft loving Subjetls, purchafe to your loyal Perfon great Incrcafc of Honour, and gain to Almighty God his moft due and dcfcrved Glory; Who ever keep your G 3 ' lacred
Ai)>
»• Juneil.
The Tarlsamentary Histort
facred Majefty under the Wings of his moft migh- ty and blefled Proteftion.' Mercurii, i-^Juniit 1604.
This Petition was much oppofed by fcveral Members, and defended by others; but, in the End, it was drop'd, as we fuppofe, for we hear no more of it. What the Refult of all thefe Con- ferences produced, is uncertain ; but it is probable they laid the Ground-work of four Adls which pafled this Scflion i the Titles of which are given in the Catalogue of the Afts in tlie Lords Jour- nah-i but are none of them, except the firfl, men- tioned in the printed Statutes. The Titles will conclude all wc fhall f^y of this Matter.
1. An Afl for avoiding MuUii?Iiciry of Leafcs, made by Archbiihops and Bftiops, of fuch Lands and PoUeffions as belong to their fevers] Sees {e),
Afe rtUrinit to ^^ ^^^ ^^ ^^^ Crown ilfelf was difablcd from rc- thcacrgr. ceiving any Conveyances of Archbfhops and Bi- shops Eftates. Thus, fays an Author, thofe of the Clergy, who wanted either Honefty or Cou- rage, were difabltd from impoverllhing the Church. And thus, the King ftop'd the Iflue of Sacrilege, and delivered himfelf from the Importunity of the Courtiers (/).
2. An Aiffc againft fcandalous and unworthy Mi- niftcrs.
3. An Aifl for disburihenlng of Clergymen of all fuch Affairs, as may hinder them in their divine Callings and Cures,
4. An Ai5l for the better Difcovery and Sup- preUiiig of Simony, and other corrupt Procuring of EccleUaflical Dfgnitie^, Titles, Jurifdidtions, Offices, Pl.fces, and Promotions.
May zgih. Sir E^tvjft Samiyi and others were fent from the Lower Ho'ife to the Lords, and de- livered a MclV-^e from ilie Commons to this Ef- fc£l: * Tiiat whereas a Moiion had been made hy
that
(t) Statuta at hrgg, 1. Jac, I. Cap. HI. but the Title ii iDinn^ht: diAvrcnt
(fi CvHitr't Ectl. Uijl. Vol. IX, p. 686,
0/ E N G L A N D.
that Houfe, in the Beginning of this Pariiameni, An. x Jaaeil. for a Conference with their Lordfhips about ihe J604. Bufmers of IPdrdi-y which receiv'd Tome Impcdi- meni in ihe Procetdint^, at that Time, by reafon of other Biifinefs: 'I'hey were now defiroiis to make Petition to ihe King, in which they (leliredcpnfp„„c,i<5nt their Lordfhips Concutrerce, that he will be plea-w»rtii, Refpitc fed togivelhera Audience concerning that Matter j"*^"*^"!!*- ?/" and to make tome Propofal to his M-iielty of an ^c. Offer in Lieu of the I^iid Ward(hips. And, where- as at the f^me Time, iheir Lordfhips moved to have Conference concerning Refpite of Homage^ which they thought proceeded from the Lords out of Favour, and good Rcfpcft tow;ird5 1' cm ; they dcfircd alio, to addrels the King to give them a Hearing, not only of this M iiter, but of the other Branches growing from the fame Root; fucb as Tenures is Caputs Licence of Alsnatim^ Premier i-'eizinst and fuch Hke; conceining all ■which Particulsra they did hope to mike it appear to his Majcfty, by the Courle they meant to pro- pound to him, that he fhould not receive Lofs or Prejudice, but rather Convenience and Advantage.* To which Meflage the Lords took Time to return an Anfwer to the 21ft. On which Day,
On a Motion of the Lord Chancellor, an An- fwer was returned 10 the Commons, ' That their LordQiips had made Choice of Thirty of their Houfe, for a Conference j and that they defire the Commons to appoint a competent Number of their Body ta meet them. Alfo, that their Committee (hould come fufficiently prepared and authojized to deliver and make known to chcm the Grounds and Rcafons, which they defign to propofe to his Ma- jefty concerning thefe Particulars.'
What was done or laid ai this Conference, Is not handed down to us ; but, a remarkable Entry is made in the Jaurna! of the Lords for that Day, <zi Ihefe Words:
26' Maii presdiif. ' Report mad:; by the Lord Chancellor of that * which paRtrf in the Conference with the Lower
• Houfci
I^MdlL
to4 Th^ Varliameniary HisTory
iUs. jtmesf, ' Houlfe, concernmg tb* Mattel* of Wards ivA 1604, ' ' Rcfpite of Homage ; and a Repetition thereof, ' alfo, by the Lord Ctt'iL The Conclulion where-
< of was. That the Lords did, by Way of Ad- ' vice, move and wifli them to forbear any further
< Dealing therein, or to offer any further Petition • for it to the King; both, for diveraCot^^^de^a- * tiom, in the Matter lifelf; and in refpeft of this ' Time of his Majelty's firft Parliament, which ' they thought to be inconvenient and unfeafo-
< nable for it.* Thus thb Bufinefs drop'd for this Time. And
â– wc have been more paruVahr in the Recital of ihe Proceedings m it frem the Journals \ be::aure it is tlie firft Stroke that we find made by the Com- mons at thcfe antiem Prerogatives of the Crown.
On the 14th of Jufte, was fent up by the Com- mons a Bill foi2iSuf}/Jdy of Tonnage anH Poundage, It was read a fecond Time in the Houfe of Lords, on the 18th, when the Lord Treafbrer ftccd up Afl for Tonnage and acqUriintcd the Lords, ' That having perufed >fld i-flund-Kc. ^^j confidered of the faid Eiil, he found fome O- mifTion, or Imperfection in the fame, proper to be reformed for his Majefty's Benefit and Service. He therefore moved that a Conference might be had with the other Houfe about it.' This was unanimoufly agreed to j and, a Mellage fent to the Commons, wherein the Lords exprefled them- felves, ' That they would no: have the Lower Houfe think it proceeded from any Coldilefs in Af- fedtion or Duty, on their Parts, to defire a Con- ference with them on the Amendmeni: of the faid Bill.' Anfwer was returned th;it the Commons agreed to a Conference ; on which two Com- mittees were appomted for that Pinpofc. And, on another Motion, the Lords agreed that in rhe Conference, Che Commitiee for the Commons might be defiled to propound \o ihat Houfe their X^orrfliips earnetl Kequelt anJ Exptfbuion, that (omc Means m.ghL be by ihem confidered ot, fo^
aRcr
0/*E N G L A N D. loj
a Relief or Sufffidy to be farther granted to his Ma- '*"• ** J*"" ^ jefty, to fupply his prdent Neceflitics. ' **
Another remarkahle Letter from ihe King, wrote with his own Hand, but correAcd as to the Spel- ling, was fent to the Commons, June 26th; the Intent of which was 10 fignify his Pleafure, in re- lation 10 a farther Grant of a Suift^. The Let- ter followclh : (s)
HAVING bten informed^ that within the Space of thife Eight or Trn Days paft. threl};^;^;^ hath been mven Timei ^pitches made tn thf Lower fuii\KTS^\^iiiy »t Houje of cur Comnmiiy far a Subftdy to he at />&« this Time Time granted untc us ; we have thought it conveni- tnt, that ye JhouUU in our Name, acquaint the HouJe with the fmcere Truth of sur Meanng in that Matter ; to the end that they, being at a Point in that ^e/lion, may with the greater Kxpeditiony tmelude futh fptciai Things, as are neeefjary to be done before the ending of this kngfome Seffton ofPar- Hament,
It ii true, that ever before^ and a certain Space after tht fitting duwn rf this Parliament^ we were eonjiantly refihed, neither to thijiky nor^ in cafe it had been offered unto uit any ways to have accepted a Subfidy at this lime ; for as in our firfl Speech ta this wh«li Pariiament ive deckredy how unwilling we fhould t^er be to bi a Burden to oiir People ; f thought we it an ut.fit Timet i^f our firfi Parliament, after our fo happy and ptaccable Entry into this Kingdom, with fo great and general an Applaiife, for having a Suhfidy raijid :-pcn them, nctwith/tanding of our prefent great NeccJJUy ; and that thorough the Occa- ften cf divers great Expencesj wbereunto we were driven at our fir ji Entry here : But after the (i/Jem- - hUng of this Parliament ^ we were fo often thali with and informed by divtn /i.'e::beri cf that Hmfe^ that were -Aherwife Strangers ta our Afihirs, that it was a th.ng Loth Imiourab.'e and reafenable, that a Subfidy fhiJd be grunted unto us ; that both cur Xe-
ceffity
(g) In ^^'^ M»<-(tiB is written, Sluttre tbt Original. A pnnted CopT' tiiercot is bere inlcited m -a- j.ju.-nat.
l*ta(a in tit printed yourxali.
1 06 The Tarliamentary H i stort
An. ». James L eejfity nquired itt and the People in their Love were '^ ready to offer it unto Ui\ that it was ever t.he Form cf all Kings' of England, to have a Subfidy given them at the very ^rfl aJfe'mbUng of their Jirft Par-^ liament ; thai as it was honourable for us to receive it (being an [Ear neji -penny of the People* s Love to* ward us) fi would it be a thing nothing prejudicial nor hurtful for them to yield unto ; and that there was enow in that Houfe, that were ftriving amontft themfelves^ who Jhould be the fir fl Propoumer there- of \ as at the kft we were moved to be contented^ that fome JhouU prove the Houfe's Mind in it ; on- ly in this Point were we careful^ that;, in cafe it were propounded^ and put to a ^ejlion, it Jhcjld receive no publuk Refufal; which could .not but be dijhonourahie unto us, especially in the Sight of all the Strangers that are new here. But having noWi^with ITinie, more narrowly examined both the-C^ifiom in the like Cafes, at the firjl Parliaments 4f our Pfedt-- ceffors here, as lUewife, that the lali Terjf^s Payment of the old great Subfidy is not yet come^ fo as a dou- ble Burden Jball appear to -be laid upon the People, and yet our Commodity never a Hair the nearer',' we have hereupon concluded with surfelf, to refort tO' our former Determination: And therefore is it our exprefs fVill-, that ye Jhall^ in our Name, ftgnify t'9 our faid Houfe of Commons, that we defire thm^ at this Time, not to meddle any further with thai ^ejiion:, affuring them^ in the Word of aKxng^ that-we will be fo far from takin% it unkindly, their not offeting it unto us at this fir ft Seffion of this our firjl Parliament, as by the contrary we will only in-^- terpret it to proceed from the Care they have, that our People fl)Ould not have am Occafion of D'lftaffe of us offered unto them at this Time, for the ReafoHf above- mentioned \ affuring ourfelf that the faid ihufe will, in their own Time, be careful to fee our State fupplicdy by fucb Means^ as may be mofi coH' venient for our tf^eal, and leajl hurtful to our'JSub* Je£fs i wherein we remit ourfelf to their difcreet CoH' fiderations, in the due 7ime.
JAMES R. . . After
0/ E N G L A N D. 107
After the Reading of this Letter, a Motion was An. *, Juoeil. made, * That ihe King's Letter (hould be record- ■^°*'
* cd in their Houfc, for an everlafting Memory of
* his Majcfty's Grace. That al] the Knights
* of Shires may take a Copy of it, and publifh it in ' their Countries. And, that Mr. Speaker, at
* the End of this Seflioa, (hould prcfent Thanks
* to hisMajcfty, in iheNameof the whole Houl'c,
* ibr his Grace exprefled in that Letter.' This Letter was, probably, the Occafion of
fending up another Bill from the Commons, inti- tled, An A£i fsr tbe GJfigning certain Sumi of Ms' ftsy, for tki Defraying of the Charge, tf the Kinfi H,?ewt'jr' moft honourable HiuJf)old. This Bill foon pafled into the Houfliold. a Law ; as did alio the former, ior a Grant of Tonnage and Pcundage^ without any Amendments ; bccaufc [he Lord Trcafurer, the firft of the Lords Comminee, informed the Houfe that the Judges being aflt'd their Opinions, about liis Points of Ex- ception to the faid Bill, they bad relblved, that, DolwithHandirg ihofe Exceptions* the Bill iniglit pafs, as ir iben ftood, without Inconveaience or Prejudice to his Majyfty. The Tonnage granted this Seflion was 3s. on every Tun of Wine iiti- ported; but on a Tun of iweet Wines 6s. and is. on every Awm of RhLni£h. The Poundage was IS. on evtry Tweniy Shillings- worth of Goods or Merch^^rdilc, impoucd and exported, excepting Woollen Manufadtures ; and Tin and Pewter were to pay 25. A Dcnifen was lo pay for every Sack of Wool 33s. and 4d. and for every 240 VVool- fells the ihiue; and for every Laft of Hides and Backs 3I 6s. and 8d. (1)
Tbeie were all ihe Supplies that were granted to the King this Seffion of Parliament, and all that were aflceJ by the Miniftry at this Time. Whe- ther the King louiid the Treafury full at iiis Com- ing to the Crown, or, that he had no Mind to lay a Bunhen on his Subje^ fo near his AccefU- on, is uncertain. Gut, as this ComplaifanLe was unuiudl, the Ntctffity of the State foon called for
alat'
di SWfttt tt targt^ Cap. 3J.
db
1 o8 The Tarl'tamentafy H i stokt
An. a. j»ratti.a hrgcr Supply, and even in rhc cnftiing ScfTion of * **• ibis very Parliament. It is true, there was atiother Bin brought in, nnd palled the Lords, pt this Time, inliiied, An An procetM^g from the K-ng*s Majefifs princely Ifi/djm and Cere ef his Royal Progeny, fir the perpetual and indijjokbls Annexing ef tertain of bis Makflys Pofjeffiom^ infeparnhle ta Mm or his Royai Pojhrify^ Kin^s and ^ccns sf England. But being fcnt down to the Lower Houfe, they returned a Meflage by Mr. SccreMry Hirherty ^c. importing, that ihcy had given t]ie aforeJaid Bill two Readings in one Day and com- mitted it; but found fo many Doubts in fome Par- ticulars, that may be prejudicial ro dii'ers Subjefls or this Realm, that they defired a Conference wi:h the Lords about it. This was granted, and the Committees on both Sides met ; where, it may be Tappoied, the Commons gave fuch Rcafons againft the Bill, rhat it wasdrop'd, for there is no farther Notice taken of it.
Sofne other Occurrences happened this Seffion, tvhich, though of Icfs Moment, yet deferve a Me- morial; fince neither of them arc mentioned in ihe particular Writer of this Reiyi, nor in any other general Hiftorian,
The firft was a Complaint made, by a MelTage delivered oy Sir Edward Hobby and others from the Lower Houie, concerning a certain Book, which of late, as thev faid, fell into their Hands, intitled, »«««*****« 'By the publilhing of which Book, tending to make Divifion and Strife, ihcy conceive Wrong and Difhonour done both to the Lower Koufe and the Lords themfelvej'. That ihe Secrets of that Houfe (hould he difco- vered touching fuch Matters as ]iad hern by them debated, beard and atUnved by the Lords, approv' ed by llic Judges of the Realm, and aflented to by htsMajclty: Which Fault, tbcy faid, if anyone of their i-ioufehad conimrttcd, they prolcHed they woul(J have inflifted exempbry Punilhtncnt upon him. But, bccaufe they foppoicd that ii was the "Works of forne in the Upper Houfe, they dcfircd , Coij,-
The Commons comptain of a Book wrote }ji Favour of the
Of E N G L A N D. 109
Conference with the Lords, to confider what Courfe An, i. jamcsE. may be taken in it. Tlic Lords returned for An- *^ fw«r,lha[ when Ihey had perufed the Book, which, as yet, moft of them had not done, and had con- fidercd how it may touch the Honour of either Houfe, they will fliew ihcmlelves as tender and lenfiblc of it as the Commons; and will let them foon know their Opinion concerning it.*
The Title of this Book is left blank in the Lords y&uriiuiiy but whether byDefign or Negligence is uncertain ; nor a»e we the better helped, in this, by ihofe of the Commons. However, the Sequel will inform us, both who the Author of It was, and the Nature of the Subject which gave the Of- fence. Two Stationers called Field and Chardt concerned in the priming and publithmg the Book^ were fent for, and brought before the Houfe of Lords by the Serjeant at Arms. Thele Men con- fcfl'ed the Publication, ts'jr. and that the Bifhop of Briflsl was the Author of \i.{k). This put ihe Houfe to a Stand, what Punifhmcnt to inflift upon the Stationers; when fo great a Man, and one of iheir own Body, was the principal AgreiTor. They were ordered to attend the Houfe, however, tn Dii ad Diem, for fomcTime; in the mean while the Commons, in a Conference, puJlied the Thing warmly againft theBiHiop; and the Lords, after fome Deliberation amongft ihcmfclves, what Satisfiaflion to give to the other Houfe about this Matter, did all agree in Opinion that it might bdl be done, if the faid Bifhop would voluntarily acknowledge himfclf to have committed an Error, and thai he was foiry for the fame. We are ioldi';f,^if .hf^J: that the Bifhop, at laft, confenied to m:ike ihisihor.«lkiPai=ioji Acknowledgment, which he read in the Houfe in*^"^ ''• Form, as follows ;
I . / (en/<s/i I have erred in prefuming to deliver Q private Sentence, in a Matter fo dealt in by the High Court of ParSament.
a. /
(i) Thb Bifliq) of Brifitt was yshn Tt'on^reavh, trantlitei to tbttSte fnwn Limttirk io Ircfand, ytnno 1603. Afterwiidi io lb« Year iG 6, he \sai iranfl^icd to H^critfier.
Li -Ntvt'i Ffifii Etc, yfit£.
Ait* »• Jtxaea !• 1604.
The Parliamentary History
t, I am forry for it*
3. If it was to do again I would mt d& it.
4, / protefi it was done out of Ignorance^ and not out of Malta ^ towards either of tie Hcufei of Par- hament, or any particular Member of the fame ; but only to declare my Affe^un to the intended Union, which I doubt mt but all ymtr Lordpipi do allow of,.
By this I2II: Sexton it appears what the Subject, of the Book was, which gave the Offence i and that there were lome Spirits in the Lower Houfe fo much fet againft the Union, that they could not bi^r that luch a Remonllrance* in its Favour, fiiould be pubiifhcd about ir. Some Days after, the Commons fent aMcflage to the Lords, where- in they acknowledged their Lordfliips honourable Proceeding in this Marier ; but, at the lame Time, for their better Satisfaction, they defircd ihat a Co- py of the Bifhop's DecIaTation of his Eiror, iifc. might be given ihem ; that it might be recorded, alfo, in the Journals of that Houfe: And that Which I's rword- the Book might be lupprefied. The Lords took Timt? to cunhder ot this Mrllage; and aller- wards in another Conference, about this and other Matters, the Commons had the Satisfadlion ihey dellred, and fo ihe Affair wa* ended.
Another remariiable Occurrence happen*d, of flill greater Moment. There had been a Bill brought into the Houfe of Lords this Seflion, in- litled, An J^ for the due Execution of (he Statutes agairj/I Je/uiis, Seminary Priefls^ Reiufants^ &c. On the third Reading of which Bill, the Lord
Co in the Com- mDiic JouiujIs.
v^Siy of Apology for all Sorts of Recufants, un- dcitcok \\'c Defence of their Religiun ; aiui in- veighed ,'ipinft the whole State of ihat Religion now r!l;il)iiflicd in ihis Realm. He endeavoured to pfL've the great Antiquity of theirs and the, Novelty of ihis; faying, that we had been mif- lec to forfakc the Religion of our Fathers, and to follow fome light Pcribns of late Times
* iprung
Of E N G L A N D. in
* fprung up, that were of unfound Doiflrine, Wf. An. t. James I. ? evil Life, or. to that Effei^ : He [hereupon made *****
* moftearneft Requeft and Entreaty to the Lord.s ' that they would have a favourable Conlideraiion
* of the faid Recufanis, whom the Bill did con-
* cern, and not give It Pafljge agalnft them. («) The '^aurnali proceed to tell us that, when fomc
of the Bilhops had anfwered to the leveral Points of this Speech, rehtinjr to the cftablifhed Reli- gion, the Lord Chancellor interpofed by making a Motion^ declaring to the Lords, * That he doubted ' whether it might ftand with the good Order of
* that Houle and with his Duty, that fuch a Speech
* ftiouM be fufFered in the Houfe, as the Lord
* Montague had made. In preluming, under Pre* ' icnce of fpeaking to a Bill, to inveigh and Ipeak
* generally againft the whi)te State of Religion ' tlien cftablifhed: By fpeaking directly to and
* maintaining the Tenets of the /'(TpZ/Zf Religion,
* lb much derogating as it doth from the King's Ma- ' jefty's fupreme Auihoriiy and Government. He
* iherefore defired the Houle to confider, whether
* theSufteringof futhaSpeech yvouM ftand with the
* Duty of Allegiance they owed to his Majefty.' On this a Debate arol'e \ but all the Liords that
iix>kc, agreed in Opinion that it was a very ofFen- five Speech, and not to be futfered to pafs without (bme Cenfure, Animadverfion or Punifhment; except the Lord Burleigh^ who faid, * He thought
* the bcft and fitteft Hunifhment would be lo let
* him pals unregarded and unpunifhed. Becaufe,
* he fuppofed that the Lord Montague did affedl a
* Glory in it j and would be glad to get the more
* Reputation amongfl; \\\c Papijls^ boih at Home
* and Abroad, if he ihould be cenliired or punifh- ' ed in any Sort for iheir Caufe.' In Conclufion, it was thought meet that fome Order fliould be taken for the Ccnfuring the faid Lord for his pre-
fump-
(m) Thij l*ord Vifcount Mentjguf was Graniifon to the Lord of that Name, who Tpotcc fo boWly tui the Romijh Religion in ihc Be- ginning of the hii Reign, Dng^ Bar, Vol. a. S« aWo p. ij. in our third Volume.
112 The Parliamentary History
An. 1. jameiT. ^""^P^^^o^s^P^^^^^S ^"^ *'^^ Dcterminaiioti there- 1^. of was deferred until their next Situng. After which, tlie Bill being put to the (^ertion, ir was piaflcd by a gtcat Majority'
Tiie next Day this Affair was again renewed i and a Reciial of the Lord Montagu^t prclumptu- ous Speech made ; on which, it was ordered by all Forwhich he is the Lords Spiritual and Temporal, that the laid o>mnii«cd to tiic Lord fhould be committed Prtfoner lo the Fleet, " ■and the Warden of thai Prifon was immediately
fcnt for to take him into Cullody. But, he did not continue long a Priibner; for, three or four Days after his Commitment, the Lords being in- form'd that the faid Lord Montague was lorry for his Offence, and ihat he had given Caufe for their Dilplefiure; begging to be releafed from his Con- finement and take his Place in the Houfe i It was ordered that he (hould be difcharged from the Fleet, and return to his own Houfe, there to remain till Mmdiiy noxi, when he was to repair to the Houfe of Lords, and by his own Mouth declare his Dif- like of his Speech, and give Salisla^liion to the Lords for the fame. Accordingly, the next Day he was brought to the Bar, and there he told the Houfe, * How far it was, and ever ftioiild be, from ' him to do any thing out of any ill Dilpofilion or ' Meaning to offend ihejn; rendring unto their
* Lordfhips moft humble Th.inks, for their no left
* favourable Conftruftion of his Intention, than
* for their moft honourable and prefent Rcleafe-
* ment of him; with Proaftjtion of his moft
* humble and dutiful Zeal towards bis Majefty, < anl, alio, of his moft loving; and devoted Af-
* fc<5tion towards al! iheir Lordfhips.'
PrtitioB rdatinf Therc IS a long Entry m^de in the Lords JoHr- to thrB.itony offl^/j of this SciTion, relating to two Peiiiions, prc- Bergavenny. fenitd to the Houfe, each of ihcm claiming the anticnt Barony of Bergavimy. The one was from Edward Ncvi'.e, Efq; who proved h'mfelf to be the Heir Male, and the other from the Lady Fane, or yanty and her Heirs, who were proved
to
0/" E N G L A N D. i:
' tobe the Heirs General. The Proceedings on thisAn.*, juneii. AtFiir were very lon^ i at length jt was determi- '*°^ ned by the Lords, that Nmle Oiould have theUa- : lODy of Bergavennyy and the Lady the Barony of If Defpemer, which was alfo in the Family, I And this Award being confirmed by the King, I i^e two Baronies were made Hertditary in both ^- Funilies (n).
^1 In the Joumah of the Commons, is a tcmark- ^sbic Affair, relating to the Imprifonment of one5^^'„^^°"„j*^f . fif their own Members. Sir Jhoma: Shirley, Mem- a Memberin tto ^* ber for Steyningy had been committed Prilonerflcet. V lo the Fleet, foon after his Retuni, and before the r Parliament met, on sn Execution. The Houfc I lent their Serjeant at Arms to deirtand the Prifon- er; which was refufed by the Warden. On this, \ he was fcnt for himfelf to the Houle, where he fti!l perfifted in denying to releafc the Prifoncr; and was committed to the Towsr for the Contempt. I On the 9ih of Moy^ a ftrong Debate arole in the Houfe, what they (hould do to releafe their Bro- ther, ibme arguing that the Houfe could not,, by Law, fecure the Warden from an Efcapc of his Prifoncr. But the Recorder of Londm faid, * That
* this was nor a Time to treat about Matters of
* Lawj but flow to deliver Sir Thamas Sh-rley.
* He moved that fix of the Houfe might be fclcc-
* ted and fent to the Fleet, with the Serjeant and ^^ his Mace to at end them; thereto require the ^^ Delivery of Sir Thmas Shirley: And, if it was ^^* -denied, to prcfs to his Chamber, and, providing
* foi the Safety of the Prifon and Pnfoners, to
* free him by Force and bnng him away with ^* tlicm 10 the Houfe.'
^B This Motion was put to the Queftion, and, the ^PHcufe dividmg, there were 176 for it, and 153 v
B^gainil the Motion; on which it was refuh'cd to ' fend, Willi Diredtbn and Authority, as before. Vol. V. H Bat,
^
(») The Birory of Btrgtvtnnj h ■*\. this Diy in the Nmilt F»- niily , »nj (he Barony of tt Dtjftvftr in the f'*milir of Tam, murf £ail «f H'tjimerksd,
Tarliamentary
Ao. 1. jwnei I. But, the Speaker putting the Houfe in Mind that '^ all iholc, fo fent to enter the Prifon in ihat Man- ner, were by Law, fubjedt to an A6lion upon the
Cafe i it w as tliought meet to flop this Proceeding.
Many Projefls were formed in the Houfe tor feveral Days together, for the Delivery of the Prifoner, but to no Purpafe ; when the Warden was again ordered to be brought before them; and being told of iheGreatnefs of his Contempt, and terrified with further Punifliment if he would not yield, lie ftill refufed to deliver his Prifoner to ihem. On this, another Debate arofe, and, having come to a Rf.fo]uiion, the Warden was called in again, when he, (till periifting in his Obftinacy, was told by the Speaker, ' That,ashedidincreaiehisCon-
* tempi, fo the Houfe thought fit to increafc his
* Punifhmenti and that their Judgment waSj now, ' he fhould be committed to the PrifoHi called
* Liitk-Eafe^ wutiin the Tower.' The next Day, the Lieutenant of the T^wer
f,nt a Letter to the Speaker, importing. That he had talked with the Warden, his Prifoner; and thai he now feemed to have fome Feeling of hb Error and Obftinacy; and that If the Houfe would fend two of thi^ir Membera', which he named, to faiis- iy him in iht Point of his Security, be would be conieut to deliver up his Prifoner to their Serjeant, when they woicld pleafe to fend (or him. But the Houic would not conient lo this; and after many mote Arguments and Debates, ihe Day after they came lo a Refolution, ro fend another Warrant of Hahsoi Corpus lo releale their Member; and that the Warder; fhould be brought from the Tmuer lo the Door of the Fleet, and there to have it ferved upon him by the.Serje:ml, and then to he returned to hia Dungeon of Uttk-Eafe again. The Form of ail ihele VVairants are in the/jy^Wjj but there is A Aiimeratukm added to this laft, ' That Mr. ' Vice-Chamberlain was, privately, inftrufted to
* go to the King, and humbly defire that he would ' be pleafed to command the Warden, on his Al-
* le^^ancc} to deliver up Sir Thmai j not as peti-
* lioncd
©/•ENGLAND. 115
lioned for by the Houfe, but as if himfelf thought An. i. jwicsii
V
' it fit out of his own gracious Judgment.* It is likely this laft Method prevailed i for we find
that Sir TJjomas was delivered up, by a Petition fer\i to the Houfe from tiic Warden, in his ftrait Durance, and praying to be releafed from it. However, the Houfe thought fit to continue him, in the fame difm:ii Hole, fome Time longer j when, at laft, being ordered to be brought to the Bar, on his Knees, ' He confefled his Error and ' Prefumption, and profeiled thai he was unfeign- * edly forry (hat he had fo otJended ihat honourable « Houfe* On which, the S[KEiker, by Dired^ion of the Houfe, pronounced his Pardon and difchar- gcd him, paying the ordinary Fees.
1604.
We have now gone through the moft remark* able Proceedings of either Houfe in this Sefiion of Parliament, which began on the 19th Day of Jidarch 1603, and ended on the 7 th of July in ihe Year 1604. ; as long a SelTion as we have yet met with. There was a great Deal of Bulinefs done at it ; our Statute- Books enumerating no lefs than 31 At\s palled, but ihe Catalogue in the Lords y^wrfla/ mount them to 120. Many of thcie were private A<^, particularly, for Natura- iifing feveral Scotthmen and Families come over with the new King ; fome other Bills which paf- fed both Houfes were rejected.
On Saturday^ July 7th, the King came to the Houfe of Lords, about Two in the Afternoon; and, being fcated on the Throne, the Commons and iheir Speaker were fent for J who» on pre fen t- ing the Bills, nude the following Speech to his Majefty.
• "TTl STORY, moft high and mighty So- The Speaket'j
* Xl vcrcign, iatruly approved to be the Tre>V«h et the
* furc ot Times part, the Light of Tru'.h, ihe^^'^^^^''^ ^rf-
• Memoiy of Life, the Guide and Image of Man's ' prcfcDt Eftate, Pattern of the Things to come,
2nd the true Work-miftrefs of Experience, the H a ' Mother
1 1 6 The Ta^amentary H i sro rt*
An. *. jamcii.* Moiher of Knowledge ; for therein, as in a
1604-. * Cryllal, there is not only prefenied unto our
' Views the Virtues, bul the Vices ; the Pcrfec-
* tions, but theDefeftsj the Good, but the Evil;
* the Lives, but the Death, of all precedent Go-
* vernors and Government, which held the Reins
* of this ImperiaS Regiment : Where, although the fame hath ever been managed with one Idea, or Form of Government i namely, by the Laws Direiflion, by ICings Rule, by Senates Advice, and by Magiftrates Difcipline ; yet hath the fame budded Fruits of fevera! K nds of Senie, moving from the Ufe or Abufe of Laws Direc-
' lion, from the Virtue or Error of Kings Rule, â– from the Good or Evil of Senates Advice, or from the Jufticc or Injuflice of Magiftratcs Dif- ciplint: : For as good Government is the Guide- Miftrefs of human, Happinefs, and Tutrefs of publick Commodity ; fo 13 ill Government the devouring Tyrant ot Subjects Blifs, and the ve- nomous Poifoner of Commonwealth well doing.
The Laws. • The Laws, whereby the Ark of this Govern- ment hath been ever ftecred, are of three Kinds ; the firrt, the Comiilon Law, grounded or drawn from the Law of God, the Law of Reafon, and the Law of Nature, not mutable ; the fecond, tije pofitive Law, founded, changed, and alte- red by and through the Occaiions and Policies of Times ; the third, Cuftoms and Ufiges, prac- tifed and allowed with Time's Approbation, without known Beginnings : Wherein although we differ from the Laws of other States Govern- ment, yet have the Authors iheieof imiLaied the approved Kxcellency of Plato and Art/lotie^ fram- ing their Laws according to the Capacity, Na- ture, Difpofi;ion, and Humour of the Place and People ; by the Level of whofe Line this State hath been Coram;ir.tled, governed, fupported, and maintained thefe * * * Years, not inferior, but in equal Balance with any confining Regiment whatioever j and have, by ihe Touchftone of
. ' true
•
0/ E N G L A N D. ii;
* trjc Experience, approved to be to the King his ^a. a, junwi l.
* Scepter, to the Senate the Oracle of Cotinfel, to ' the Judge the Rule of Juftice, to the Magiftrate
* tbt Guide of Difcipline, to the Subieft the ' School- miftrels of Obedience, to the NluUitiide ' the Preventer of Ignorance, the Standard-bearer
* of Sedition, and, generally lo all, the Bond,
* ibat tieth Men to civil and orderly Courfe of
* tifc. Finally, Laws are only Dials of true
* Dircftion ; Direction the Weapons of Govcm-
* meat; Government the Armour of Peace; and
* Peace, the true Perfeftion of all worldly Happi-
* ncfs : But conuarywtle, no Laws, no Dircc-
* lion ; no Direftion, no Government ; no Go- ' Tcrnment, no Peace ; no Peace, utter Dcftruc-
* don i for, /me Imperio^ neither Houfe, neither
* City, neither Nation, neither Mankind, ror
* the Nature of T hings, nee ipfe Munduijiarepetejf,
* And yet the Good or IH, boih of Laws, and of
* each worldly Thing, confifteth in the UJc or
* Abufe of the fame ; as, if well ufcd, it yieldeth ' Ihe Sweet of his true Property j but, if abufed,
* that Sweet is turned to Sour ; or, if not ufed, " lofeth his. Virtue : As, amorgft wrihly Things,
* Food hath his Precedency ; for, being well uted,
* il maintaineth and fupporteth ihe Life and Na- ' lure of Man ; but abufedly taken, by Surfeit *(ieftroyeth the Body; or if not ufed, rcmaineth
* fruitlefs ; fo the Laws, if well difpofed, are the ' Stem, that wieldelh the Ark of Civil Govcrn-
* ment ; but perverted, become the Inftruraents ' of Dcftnidiion \ or not executed, become Carftui
* fintSiima\ and therefore are to receive eitherLife,
* orDcdth.by theGoodnrlll of the King's Rule,
* iheSenatesAdvice,andtlicMagiilratesDifcipIine. * As concerning the Blifs or Bane of Kings Go-
* vernment, which in itfelf, and of itfelf, repre-
* ienteth a Divine Majcfty, it confifleih in two
* general Parts â– , the one. Example, the other,
* Command : For ns from below, we receive
* cither Light or D-uknels from above, fo doth ' the Subtcct from the Prince's Example receive
H 3 ' ciihcr
jfrdf.
1 1 8 The Tarliamentary HisTcmr
either his Virtue, or hia Vice ; and Experience ' approveth, that ihe Eftate of Commonwealths
* ch^ngeth with the Alreration of Princes Prece-
* dent. And therefore the Errors of Princes are
* not hurtful in themfelves, as are their erroneous
* Examplesiwhereby their People become infe£led:
* For it hath, and ever will he apj^-oved true, that
* Subje£)s, by Imitation of their Princes Example,
* for the moft Part become like unto themfelves i
* for the excellent Splendor of the Kings Virtue ' doth not only incite all Subjefts to behold them,
* but excci-ding Admiratioo and Imitation to
* love them, and, by loving, to obferve them.
* And therefore the Virtue of Vefpafianui Ex-
* ample wrought more efFeflual Good araongft ' his People, than his Laws ; For Obfeqmum in
* Prjftcipis £t amulandi Amor^ are, of all other,
* moft excellent Tra£lives to the Good or III of
* Subje<5^5 Cour'e of Life ; and therefore the more
* curiouily and refpeiftive ought they to be in their â– A^s and Aflions, as the leading Stars of the ' ' People's Diieflion. The other refteth in his
' abfolute Power of Command: For although the
* Law may direct, the Senate advife, and the
* Magiftrate execute ; yet to determine and com-
* mand is proper to the King himfelf: And there-
* fore his Commands ought to be religious, for he
* therein becometh the Prefjdent of many Millions
* of Souls i they ought to bcjuft, for he ficteth
* in the Judgment Seat of the abfolute King of
* Jufticci ihcy ought to be tempered with Mercy, ' for he reprelenteth the divine Image of Mercy ;
* they ought to be mild, for he is the Father and
* the Subjefts his Children \ they ought to be pre- ' (ervative, and not devouring, for he is the Shep-
* herd, and they the Flock i they o'ighc rather to
* prevent the Caufe of Offence, thanpunifhtheOf-
* /ender,ror one is much more honourable than the
* other; ihey ought to be warranted by Law, for < both by Office and Oath he is honnd to his Law ;
* they ought to proceed from Reafon, for thereby
* lie is reverenced as a God amongft Men ; they
* ought
I
I
lamn I. 1604.
0/ E N G L A N a up
* oug^t to be prudent, for that makes him deified ^^^ ^^ . ^^
* with Fame and Renown. L^curgui r\Lver com- ' 1*604.
* manded ought to be done, that himfelf would
* not do ; which made him honoured, reverenced,
* and obeyed; but Sylia commanding Sobriety,
* Temperance, and Frugality, hinilelf pradli'ing
* the contrary, was both contemned and Icorned : ' And iherelore the King ought to patronize his
* Command by his Actions. Themiftoda demand- ' d, whether he were a good Poet, that in ftng-
* ing would tranlgrefs tlie true Rules of MuHck ?
* Being anfwcred, No ; replied, no mure is
* that Kin?, that commands wiihuui his Law. ' Thiopompm being a(ktd, why Lacfdfrrcn dtd lb ' fiounfh i anfwcred, becaufe thtr Kmg knew
* how to command ; and Commandments, juttly •commanded, exail Performance; but Things, ' unduly required, do breed Miflike, and lome- ' times enforce Refufa!. Claudian rhcrcfore ron- ' cludeth. Peraget tranquilia Pfftejfas^ quod violtnta ' ntquiti Mandatnque fOTtm urget imperiojd ^.Us:
* And more gracious is the Name of Piety, than
* of Power. To conclude, Princes, by the Pcr-
* feftion of iheii Examples, and by the Virtue of
* their juft Commands, become to GoJ accrpt- ' able, to the World renowned, to thctr People "beloved, to all Men with Reverence admired,
* and in the End with Glory immortalized ; but
* if their Commands be unjull, unmerciful, cruel,
* devouring* lawlefs, unreafonable, and tmpru- ' dent, he lofeth the glorious Title of a good King,
* and becometh eternized with the deathlels Fame ' of an hellifh Tyrant ; which all good Kings
* ought toefchcw, as the devouring Devil of their
* Fame, Renown and Eternity. * The third PUce in the Commonwealth hath
' the Senate: For no King can, with his Dili- ' gcncc and only Wifdom, equally govern the ' whole Eflate ; for it is rather the Virtue of God»
* than Man, effc<5lual!y to know all Things ap- â– pertaining to Government: And therefore, as
it is neccflary for a Prince to lee with his own
* Eyes,
Ka. 1. Ji
James ] 604.
lao The Parliamentary Histof.t
* Eyes, to hear with his own Ears, and to dire£l
* by the Dial of his own Judgment; To is it re- ' quifite for a Prince to have many Eyes, many
* Ears, many Tongues, many Hands, many
* Feet, and many Wits, to fee, to hear, to dif- ' patchj lo inform, and advife, for, in, and con -
* cerning the publick State, as Preparatives to his f commanding Judgment, andPrefetvativesagainft
* the common Evil. Romulus therefore refufed 5 to undergo the Burden of Government alone,
* but chofe unto htmfclf a hundred Senators. Tra-
* janui called his Senate his Father; for as the
* Father doth foretel hts Son of the Good or 111
* that may hthW him, fo ought the Senaie to ad- ' monifh the Kingof Things profitab!e,and unpro-
* fitable, to him and the Slate. The Senate there- ' fore ought to know the Law, the Liberties, the ' Cuftoms, the Ufe, and Difcipline, wherewith
* the State is governed ; they ought not only to
* know the Means, whereby ihe State may be ' beautified, amplified, and prefervcd, but alfo
* how the fame may be weakened, impeached, or ' fubverted; they ought alfo to know, what is ' theMajefty, Prerogative, Greatnefs, and Jurif-
* dit^ion of a King, and what is the due Right *â– and Libeity of Subjects ; for tiiey are the Mean,
* and Judges between Force and Fear, Liberty ' and Servitude, the King and his People, A
* Counfellor ought therefore to be temperate, not » paflionate in his Affedlions ; moderate, not ' tranf^iorted v-ith Appetites; mortified by Years>
* not inveigled by Youth i gnive in his Behaviour,
* not light in his Condition ; juftly wife in his Ad-
* vice, not crrtfry in his Counfel i virtuous in his *â– Converfotion, not vicious in bis Difpofiiion: A
* Counfellor thus complete, is ro the King a
* warchful Tower, to ihe Law a graceful Orna-
* ment, to Governmeni. an jbfoluie Guide, .md f to the People a beloved Oracle > but if he be
' padionaie in 'us AlF^jCbons, tranlported in his " ^ Appciiie.s invdgleJ hy his Youth, light in his \ Condition, crafty m his Counfel, and vicious in
• his
0/ E N G L A N D. Tai
* bis Difpofition ; then becometh be to the King ^^ j. jj^^ ^_
* a regardlefs and walchleCs Tower, to the Law a 1604.
* difgraceful Blemifh, to the Government a blind ' dillblute Guide, and to the People a contemned
* fabulous Deceiver. * The next and immediate fubfequcnt Place in
* the Commonwealth hath the Magiftraie ; for in
* vain is the Laws Direction, the King's Com-
* mand, and the Senate*s Advice, if not by the
* Magidr^ite's Difciplinc executed : For Laws,
* Command, and Advice receive not their Autho-
* riiy, when ihey are enafled, given, or advifed,
* but when they are executed j not when they are ' enabled, but whciuhey areobfetved ; and the re-
* fore the Commonwealth doth put upon theMa-
* giftraie the Perfon of Severity, to execute the
* Laws Dire^ion, Prince's Command, and the
* Senate's Advice. The Rsmati Magiftrate tiiere-
* fore raid, my Mother hath brought me into the
* "World of mild and gentle Difpofition, SedRef-
* publica me fiverum fecit: For Laws are delivered
* to the Magiftraie, as a Sword, to cut off the
* Reins of licentious Liberty; but if the Magiftrate
* keep it (heaihed or rufty, is there any that will dread
* the Correction of fo fheathed or rufty aWeapon ?
* Secondly, Laws are ordained as R ules or Lines of
* Mens Lives ; but if the Magiftrate, through Fear
* or Pity, fhall bend tiiem to and fro, is there any
* Man tliat will regard folfriden a R'.le? Thirdly, « Laws are eftablifhed as Walls, or Forts, or De-
* fence aBiinft Diforder ; but if the Magiftrate
* fhall fuffcr ihem to melt wiiJi Favour, or rend
* afundcr with CorrupMon, wi'l not all Men con-
* tcmn fuch Walls of Wsx, orFnrts of Cobwebs.'
* The Memory of Nirvt. his Exiimple approveth
* it i who, through tno tender a Conceit of Pity,
* was notpd over-lparirg in PunJflimcnt of the
* People's Infolciicics , bui in the End, his City
* thereby grew 'nto fuch Ctntempi, both of his
* Pcrfou ;uid Govtrnmcnt, th-\t of him it was
* faid, Th:it better it were fur all good Men to < live under Uic Govcnioieut oi £>i,mitia/t, under
* whom
IL
1 3 a The Tarliamentarj Histort
^^-fii^"'** whom nothing was lawful, than under NervSj where alt Things were lawful. And therefore theMagiftrate ought to befcufis,juj}us, etfirtis: Firft, to know what he is lo execute ; fecondly, to be juft in his Execution; and thirdly, not to fear the Face of any, in that he ought to exe- cute i for he is the living Law, and the Law of the dumb Magiftrate : And nothing is more per- nicious in the Commonwealth, than an ignorant, unjuft, and timorous Magiftrate. To conclude, as the End of the Sailor's Endeavour is good Paflage, the Phyfician's Travel, Health, the Captain's Labour, Viftory ; fo the well Difci- plining of the People ought to be the M-giftrate's true Endeavour ; which if he regardfully per- form, then bccometh he a good Pilot, a provi- dent Phyfician, a viftorious Captain, and a jull wcll-deferving Magiftrate ; but if he be ignorant, remifs, timorous^ unjuft, or corrupt ; then is he 10 the Life of the Law a deathful Murrhercr, to ihe Soul of the King's Juftice a betraying Teacher, to the Virtue of Senates Advice a de- ceiving Evil, and to the Body of the Common- wealth a devouring Wolf. * A People, by the DireOion of fuch Laws, by the Grace, Wifdom, and Juftice of fuch a King, by the Advice of fuch a Senate, and by the Difcipline of fuch M-igiftratcs, governed, if not then loyal and obedient, are rather the Whelps of Wofves, than Sons of Men; rather Monfters of Nature, than Creatures of Reafon ; nay, more Devils in Condition, than Profeflbrs of Religion : From the Corruption of whith S Error your Majefty (hall ever approve us to be as free, as Virtue is from Vice. And though, during the Time of ihefe our Parliiimcnt Coun- fels, we have, through the Warrant of our long coniinued Privilege, your gracious Approbation thereof, your Patience in hearing, your Wifdona in diCcerning, your Juftice in adjudging, and your Clemency in relieving, prefumed of you, as of our King, but more of yoU| as of our
* good
K
Of ENGLAND.
good King, nay moft of all of you, as a moft ^n, i. juna i. abiblutc good Man, to propound, difputc, aflcnt, and difaflent, freely; to implore your royal Pro- icftion of our long- continued Liberties, your gracious relieving of our Burdens (not by Autho- riiy impofed, but by the Corruption of bafe Of- ficers extorted) and your dilcerning Confidcration of our feared Dangers; wherein akhough we have proceeded without Flattery or Cowardice (the one never being a true Counfellor, nor the other a good Subjett) yet halh the feme been without Hearts or Minds Thought, either to dil^afle your gracious Plcafurc, or to detradl ought, that in Right, Honour, or PreroEaiive, yourfelf in your great Wifdom fliould affeft as good: For your Glory is, and muft be, our Ho- nour, your Greatncfsour Protcftion, your A* bundance our Riches, your Safety our Security, your Content our Joy ; otherwife were we wor- thily unworthy of the Bleflings of the Religion, of the Peace, of the Safety, of the Grace, and, generally, of all the Fruits of Hsppincfs, which by you, from you, and under you, we do, and hope ever to poOefs. And as out of your prince- ly Grace you pleafed (to our exceeding Hearts Comfort) to fay, that you more joyed to be King of fuch Subjects, than to be King over many Kingdoms ; fo do we, with true Zeal and Faith, protefl: more to joy in being the Subjects of fuch a King, than in the Freedom of any
â– Liberty, which we (hall ever with our Hearts Life Blood endeavour to approve againft. all Op- pofcrs and Oppofition: And as God let him en- dure the Torment of ever dying Death, that otherwife Oiall in Mind conceit, or in Heart confent; fo let him live hatefully to God and
■Man» that fhall endeavour, or occafion in the
â– leaft, to impeach and violate fo royal and loyal a
■Conjundlion between a Head fo abfdutely pecr- ' Icfs, and a Body fo faiihlulty loyal And altho' • your Majefty, more (ecking to enrich your
Treafure with the Hearts and Minds of us your
* Sub-
L
124 ^^ Tarliamentary History
, * • Subjefls, than with the Money and Treafure of
An. 2. lames I. , ''nV-. it c •â–
1604. our Purfes, have lately, out of your abundant
* Grace, prevented our concluding to prefent you
* with a Subfidy of Crowns and Coin, being but
* a Bloflbm of the fruitful ever-bearing Tree of
* our abundant Love, Loyalty, and Duty (which
* we fooner {hall leave to live, than leave unper-
* formed) yet givie ua leave (of all other moft wor-
* thy to be beloved Sovereign) not only io prefent ' you with our humble and dutiful Thanks, but
* alfo to prefent you with five Subfidies, of far ' * more precious Price and Worth: i. The firft
* confifting of many Millions of affe£lionated
* Hearts to love you: z. Of Number of loyal
* Minds to obey you : 3. Of as many zealous ' Spirits to pray for you : 4. Of as equal propor-
* tinned Hands to fight for you: 5. And with the ' Treafure of the whole Kingdom to fupply you i
* which the World (hall both feel and know,
* when, where, and againft whom whatfoever, ' your Majefty ftiall be pleafed to difpofe and com-
* mand us. This we profefs, proteft.and prefent,
* neither out of fervile Fear, nor bafe Flattery,
* both hateful to a King fo abfolute, wife, mag-
* nanimous, and gracious; but out of our endlefs
* Loves, Duties, and Loyalties, whereunto Death
* only, and noi^ht elfe but Death, (hall be of
* Force to give End.*
There is no Speech of the King's, or the Lord Chancellor, entered, for this Time, in cither Journal', and no more is fa id, in the Lords, than, that the Lord Chancellor by the King's Com- mand, prorogued this Parliament to the 7th Day of February^ next enfuing.
Notwifhftanding the great Affair of the Vnien was (till obftrufted, though the King laboured hard to bring it about ; yet, by the Advice of his Coun-
Sia^r? Pro! *^''' ^^ ^^^ ^*^'' ^^^^ proclaimed King of Great ci«mtion/tob«^^''^^'2m, France and Ireland^ thai the Names of King of Crtet England and Scotland might from henceforth bi? Briwn, &c. extin^. Scoltijb Coins were made Current, and the
Arms
3>
0/ E N G L A N D. iij
Arms of both Kingdoms quartered, on all Stand- An. i. Jatw? ards. Military and Civil, througliout both ihc Na- 1604- tions. Peace was alfo proi-laira'd here between £«^/tf;/^and Spah,, on the 5lh of Juguj}^ 1 604 (.-j. p,,^,^-jhsp«n.
The Parliament met the 7 th of February^ accord- . „ ing to Prorc^tion, and were prorogued by Com- 1605. miflion, 10 the id of OHobtr, At which Time-^^ weftmioftcr. they were again prorogued, in the fame Manner, to the 5th of Nffuembif following; and on that Day, to the 9th of the faid Month.
During which laft mentioned Periods, was dif- covered the deepcft and blackeft Plot that ever was laid againit King and Kingdom : So vile and exe- crable in its Nature, that no Religion could tole- rate, nor no Caule whatfoever give a Sanation to it. The Reader will prefeiuly Comprehend that ihc infamous GuH-Pou'ti'eT-^/cr is here meant i the-p,^ ,, . Account of which is fo amply given by all our piot diISK*d/ Englijh Hiftorians. It has been pretended indeed by (ome, that this was a fliam Plot from the Be- gmning, and it hns been called C"ev//'& Plot ; by others, that the King and Miniftry were well in- formed of the whole Contrivance of it from the iirft, and only waited to fee how many would
i'oin in the Dcvilifli Scheme, -But, 'as the iulinefs of the[e Enquiries, is only to give the Senfe of an EngHjh Parliament^ on this formidable Affair, we fliall leave any further Animadvcrfions upon ic; and go on with the Proceedings of this lecond Seflion of the firft Parhamcnt in tJiis Reign. \v\ the "JouTnah of the Commomj No-uembtr 5th, we find this Entry. * This laft Night the Upper
* Houfe of Parliament was fearched by Sir Thomas ' Kuevett ; and one Johnjictiy Servant to Mr. Tbo-
* mas Percyt\ was there apprchmded ; who had
* placed ihirty-fix Barrels of Gun-Powder in the
* Vault under the Houfe, with a Purpole to blow
* up the King and the whole Company when ihey
* ftiould there ^cmble. -Afterwards, divers o-
* thcr Gentlemen wercdifcovered 10 be of the Plot.'
The
(«] Xf7^«n'iLUe of King JanutU ud CjisJen's AstaaU. ,
Am. 3. Janjca I, â– 605.
The Lcrds Jcnmah tell us» That on the 9th of 'NovtmbsTy the Houfe being met, and the King feated on the Throne, the Lord Chancellor opened the Scflion, with giving fome Account o( what had pafled between theCommiflioncrs of England and Sistlanti^ at their late Meeting, according to an Aft made for that Purpofe lait Seffion of Parliament. Afterwards, he prefented to his Majefty and the Houfe two Gjpiesof theTfipart'rtcWriiings agreed on (p)y one of which was delivered openly to the Cleric of Parliament, to be kept in his Cuftody till a fariher Proceeding in that Bufinefs. He then made aRelauoa of the moll wicked and horribleTreafon ever heard of; intended againfthis Majefty and the whole Slate; which was purpoled to have been put in Execution on Tue/day, the sih Inflanf, the iirll Day of this SeiTion, holden by Prorogation.
The Lord Chancellor having ended, the King began to tell the Houfe, that he came there, at this Time, fconlrary 10 the Cuflom of any of hisprc- deceflbrsj at the Beginning of any Scflion of Par- liament, hoUen by Prorogalion) on Purpole to re- ceive iheWrifing which had jufl: then been delivered in ; that no Stop might be put to that Proceeding, Afterwards hisMajelty made an ample Declaration to boih Houfts, of the late moft horrible Trcafon, in the following Speech from the Throne. {^)
Ms
(f>) I. For the King : i. The IVliameat of En^fand: j.TJw Pariiamcnt of Sc^tfand.
(^1 TSii Sppcch JB taken from a Goolc entiOcd, A Difaurfe if the Maintr of ibt Dijtovcy ef lJ)i'l Utc iuttndtd 'Tieafin, join* id wr/A ths Examinati oa trf feme tf ibe Prifincri. (ImprinKd it I^mJun, by Rcbert Barktr, Printer lo the King'* MoR HxccUent Majelty, j^nno iGoj.) And ii compir'd b,' the Lcrdi Jium^li,
The Emk^idors of Sfaiit and th« Archduke of i^ujUn'a were pTcfffnt In (IP Houfe at this SpMch j according ta Edrnand //own, the Cnmiiiuacor of Jai'Ji Sciwe'a ciirunicie.
O/homf tclh us, ' That alter this happy KfcoTcry, his CalMic ' M jrfty fcnt an Agent on purpofe to Cexgrai-jiatc Kin^ Jama bis
* great i'wfepvation. A FUttcry fo palpable, as the tepe could
* mu njfrain Laughing in tbc F^ce of Cardinal D'OJfst when h« ■firft told It htmj nir h? forticir to irfono his King of it, as
* rmy be found in Kit printed Ljtters : It bein^ noturioLij, that at
* Kirfci Jaiisa hit firrt AHumption to the Throne iS Engiatdf noM ' fougiii Ml DeAruffion mote ei-irdiBlly than ihe S^rtlard^'
OyW«*s McntoriiJf c! King ^taxfu Sre, p. 4ii'
N D.
127
My Lards Spiritual and Temporal, and You /^^An. s.^mesl Knigbts and Bttrgejfes of this Parhamnt ; ^ ^*
* T T was far from my Thoughts, *iill very late- The King'.
* 1^ ly before my Coming to this Place, thatSp"<^'*P*'"t^'
* this Subject (hould have been miniftred unto me»^"*''***
* whereupon I am now to fpcak. But now it fo
* falleth out, That whereas in the preceding Sef-
* fion of this Parliament, iheprincifKilOccaJion of
* my Speech was, to thank and congra:uIate2llyou
* of this Houie, and in you, all the whole Com-
* mbn-wealth fas being the reprefcntarivc Body of
* the State) for your 10 willing, and loving rcceiv- ' ing, and embracing of me in that Place, which
* God and Nature, by Deltcnt of Blood, had in
* his own Time provided for mc : So now my « Subjeft is, to fpeak of a far greater Thankigiving
* than before I gave ic you, being to a far greater
* Perfon, which is to God, for the great and mi-
* raculous Delivery he hath a: this Tune granted
* to me, and to you all, and confequently to the
* whole Body of this Eftaie.* * 1 muft therefore begin with this old and moft
* approved Sentence in Divinity, Miiiricordia Dei
* Jupratmnia Optra ejin. For Almighty God did
* not lurnifh 10 great Matter to his Glory, by the
* Creation of this great World, as he did by tlie
* Redemption of the fame. Neither did his Gcnc- ' ration of ihe hrtle World, in our old and firft
* Ad&m. fo much fet forth the Praifes of God in
* his Juftice and Mercy, as did our Regeneration
* in the laft and lecond Adam,^
' And now I muft crave a little Pardon of you,
* f That fince Kings arc in the Word of God it-
* felf called Gods, as being his Lieurcnants and
* Vicegerents on Earth, and fo adorned and fur-
* niihed with fome Sparkles of the Divinity \) to
* compare fome of the Works of God the Great
* King towards the whole and general World, to
* tome of his Works towards me, and this little
* World of my Dominions, compafled and fevered
* by the Sea from U:e Reft of the Earth. For
ia8 ne Farliamentary Histort
An.3. jamcjL* as God, for the juft Puniftimenr of the firft 1605. « great Sins in the original World, when the ' Sons of God went in unto ihe Daughters of Men, ' and the Cup of their Iniquities of all Sorts was ' filled, and heaped up to the full, did by a general
* Deluge and Overflowing of Waters, baptize
* the World to a general Deftrudtion, but not
* to general Purgation : (only excepted Nsab and
* his Family, who did repent and believe the
* Threatenings of God's Judgment) : So now,
* when the World (hall wax old as a Garment,
* and that all the Impieties and Sins that can be^
* devifed againft both the firll and fecond Tabic ' have, and fhall be committed to ihe full Meafure;' ' God is to punifh the World the fecond Time ' by Fire, to the general Deftru^ion and not Pur-
* gation thereof. And,j£s it was done in the « former to Noah and hislfemily by the Waters %
* (o lliill all we thai believe be likewife purged, ' and not dcftroyed by the Fire. In the lite Sort,j| ' I Ja;y, I may juftly compare thefe two great and ' fearful Dooms-Days, wheiewith God threatened
* to deftroy me, and all you of this little World ' that have Intcrell in me. For although I con-
* fefs, as all Mankind. To chieflv Kings, as being
* in (he higher Places like the high Trees, or ftay- ' eft Mountain.'-;, and fleepeft Rocks, are moftfub-
* jetl to the Jai^y Tempcils of innumerable Dan- ' ger^i and I ainongft ail oiher Kings, have ever
* been iUbjedt unto them, not only evrr fince my ' Jijrth, but even as 1 may juftly f^y, before my ' Birth, and while 1 was yet in my Mather's Bcl-
* ly : Yet have I been expofed to two more fpecial
* and greater Dangers than all the rcll.* ' The fiift of them, in the Kingdom where I
* was born, and pafied the firft Part of my Life ; ' And tJie iaft of them hertf, which is the greateft. ' In the former, 1 (hould have been baptized in
* Blood, and in my Deitrudion, not only the J Kingdom, wherein I then was, but ye alio by ' your future Intereft, ihould have taftcd of my " Ruine. Yet it pleafcd God to deliver me, as it
* worcf
Of ENGLAND.
* were, from the very Brink of Death, from thc^- ^'J"°^ '" ' Point of the Dagger, and ib purge mc by nny ' ^
* thankful Acknowledgment of ib great a Benefit.
* But in this which did fo latclv fall out, and
* whkh Deftruftion was prepared not for mc alone,
* but for you al! that are here prefent, and wherc-
* in no Rank, Age, or Sex fliould luve been fpa- â– red : This was not a crying Sin of Blood as the
* former; but it may wdl be called a roaring, nay^
* a ihunderlrg Sin of Fire and Hrimftone, from the
* which God hath fo miraculoufly delivered us all,
* What can I fpeak of this, 1 know not ." Nay ' rather, what can I not fpeak of it? And there-
* fore I muft for Horror fay with tfie Poet ; /^tfx
* Faucibui h^ret*
*â– In this great and horrible Attempt, whereof
* the hke was never either heard or read ; I obfetvc
* three wonderful, or rather miraculous Events.* *
' Firft, in the Cruelty of the Plot itfisif; where-
* in cannot be enough admired the horrible and
* fearful Cruelty of their Device, which was not
* only for the Dcftruflion of Iny Pcrfon, nor of
* my Wife and Pofterity only» but of the whole ' Body of the Siaic hi general ; wherein fhould
* neither have been fparcd, or Diftinftion made of ' Young nor of Old, of Great nor of Small, of
* Man nor of Woman : The whole NobiJiiy ;
* the whole Reverend Clergy, Bifhops, and moft:
* Part of the good Preachers i the moft Part of
* the Knights and Gentry ; yea, and if that any
* in this Society were Favourers of their Profef- *â– fion, they fliould all have gone one Way : The
* whole Judges of the Land, with muft of the
* Lawyers and the whole Clerks : And as the
* Wretch himlelf that is in the Tower, ooth con-
* fel», it waspurpofely dcvifcd by them, and con-
* eluded to be done in this Houfe : That where
* the cruel Laws (as thu-y fay) were made againft ' tlieir Religion, both Place and Perfons Ciould all
* be djftroyed and blown up at once. And then
* confider therewithal the cruel Sort of that Prac- ' Vol. V. 1 * ticej'
An. J. jtraB I. « tice: For by three different Sorts, in general, may 1605. ( Mankind be pur to Death.'
* The Firftjby other Men» and reafonable Crea-
* turcs, which is leaft cruel ; for ilien both De-
* fence of Men againft Men may be expcfted, and
* likewife who knowelh what Pity God may Ilir ' up in the Hearts of the Ati^ors at the very In-
* ftant ? Befides the many Ways and Means,
* whereby Men may cfcape in fuch a prcfent
* Fury/
* And the fecond Way more cruel than that, is ' by Animal and unreafonable Creatures: For as ' they have lefs Pity than Men, fo it is a greater ' Horror, and more unnatural for Men to deal ' with them : But yet with them both Refiftance
* may avail, and alfo fome Pity may be had i as
* was in the Lions, In whofe Den Daniel was
* thrown i or thai thankful Lion, that had the
* Roriwn Slave tn his Mercy.
* But the Third, the moft cruel and unmer-
* ciful of all, is the Deflrudbon by infenfible and
* inanimate Things,; and amongft them a!l» the ' moft cruel are the two Elements of Water and
* Fire ; and of thofc two the Fire moft raging and
* mercilefs.* ' Secondly, How wonderful it is when you (hall
* think upon the fmull, or ratl^er no Ground*
* v'hereupon ihePradlifers were enticed to invent ' ihis Tragedy. For if thefe Conlpirators had ' only been Bankrupt Pcrfons, or Difcontented ' upon Occafiun of .'sny Diigrace done unto them i
* this might have fecmcd to have been but a Work
* of Revenge. But for my own Parr, as I fcarce- ' ly ever knew any of them ; fo cannot they
* alledge fo much as a pretended Caufe of Grief:
* And the Wretch himfelf, in Bands, doih confefs, ' l*hat there was no Caufe moving him or them,
* but mceriy and only Religion. And fpecially, ' that Chriftian Men, at Icaft fo called, Englijh'
. • men, born within the Country, (r) and one of
* the
[ri This waa Tba, Prry, Ef^ one of ihc Band of Geiitletnc«
Of ENGLAND. 13I:
* the Specials of them, my fworn Servajit in an Ao. 3. j*oi« J.
* honourable Place, flioufd praftice the Deftruc* ifi^s-
* tion of ihcir King, his Pofteriiy, their Country ' and all i wherein their following Obftinacy is ' fb joined to their former Malice, as the Fellow ' himfelf that is in Hand, cannot be moved to ' difcover any Signs or Notes of Repentance; ex- - cept this, that he doth yet Hand to avow, that ' he j-epcnts only for not being able to perform
his Intent
' Thirdly, The Difcovcry hereof is notaliitle wonderful, which would be thought the more
miraailous bv you all, if you were as weU ac- quainted with my natural DiJpoGtion, as thofc arc who be ticar about me. For as I ever did hold Sufpicion to be the Sicknefs of a Tyrant j fo was I fo far upon the other Extremity, as I rather contemned all Advertifements, or Ap- prehenfions of Practices. And yet now, at this Timcj was I fo far contrary to myfelf, as when the Letter was fliewcd to me by my Secretary, wherein a general, obfcure Advertife- ment was given of feme dangerous Blow at this Timej I did upon the Inlbnt interpret and apprehend fume dark Phrafes therein, contrary to the ordinary Grammar-Conftruttion of thcm» (and in another Sort than I am fure any Divine, or Lawyer in any Univerfity would have ta- ken thcm^ 10 be meant by this horrible Form of Blowing us up all hy Powder j and there- upon ordered that Search to be made, where- by the Matter was dilcovered, and the Man ap- prehended • Whereas if I had apprehended of interpreted il to any other Sort of Danger, no worldly Provifion or PreveniiMi could have made us efcapc our utter Deftrui^ion ! ' * And in that Cafe, tiiere was a wonderful Providence of God, that when the Party him- felf was taken, he was but new come out of his Houfe from Working, having his Fire-work foC kindling ready in his Pocket j wherewith, as he confefTeth, if he had been taken but immediatety la • bs-
\
13a TheTariiamentary HisfORT
An. 3. Jaw> I. * before, when he was in the Houfe> be was refol-
1605. * vdd to have blown up himfelf with his Takers/
' One Thing, for my own Part have I Caufe
* to thank God in ; That if God, for our Sins,
* had fuffered their wicked Intents to have prevail- " ' ed, it ftiould never have been fpoken nor written ' in Ages fuccecding, that I had died inglorioufly
' in an Ale-houfe, a Stews, or fuch vile Place ;
* but mire End {hould have been with the moft ' Honourable and beft Company, and in that
* moft Honourable and fitteft Place for a King to
* be in, for doing the Turns moft proper to his
* Office *. And the more have We all Caufe to
* thank and magnify God for this his merciful De- ' livery. And fpecially I for my Part, that he ' hath given me yet once Leave, whatfocver (hould ' come of me hereafter, to afi'emWe you in this
* Honourable Place j and here in this Place, where ' our general Deftruftion fhould have been, to ' magnify andpraife him for our general Delivery >
* that I may juftly now fay of mine Enemies and ' yours, as David doth often fay in the P/alms, In~
* ci^srunt in Foveam, quam fecerunt. And fince
* Ssipio an Ethhick^ led by the Light of Nature,
* that Day when he was accufed by the Tribunes
* of the People of Rome, for mifpending and
* Wafting in \mPumck Wars the City's Treafure,
* even upon the fuddcn brake out with that Diver- ' fion of them from that Matter, calling them to ^ Remembrance how that Day was the Day of
- • the Year, wherein God hath given them U>
* great a Viflory againft Hannibal; and therefore
* it was fitter for them all, leaving other Matten
* to run to the Temple to praile God for thai to
* great Delivery, which the People did all follow
* with one Applaufe: How much more Caufe
* have we, thai are Chriftians, to beftow this Time ' in this Place for Thankfgiving to God for bb
* great Mercy, tho* we had h*d no other Errand
* of AHembling here at this Time ; wherein If X ' have fpoken more like a Divine, than would feem ' to belong to thi$ Place, the Matter it felf midlr
• plead
0/ E N G L A N D. 133
• ptead for mine Excufe : For being here come to An. 3. ;«mn T.' ^ lb;;nl; God Tor a Divine Work of his Mercy ; J«os. iiow can I rpeak of this Deliverance of us froni ib hcliifh a I'rafticc, fo well, as in Language of Divinity, which is the direft oppofite to 10 dam- nable an Intention? And therefore may I juftly end th:9 Purpolc, as I did begin it with 'this Sen- tence, The M.my ofGcdis abo^c cUhis Works* ' It retleth now, that I fbculd mform you Z^Kit is to be done hereafter, upon the Occafion 'ofthis horrible and ftrange Accident. As for vour T^it, thai arc my faithful and loving huhjeds of all Degree?, I know that your Hciiris are lb l)uint up with Zeal in this Errand, and your Tongues (b ready to utter your duti'ul AfF<;C- tions, and your Hands and Feet to bent lo con- <ur in the Execution thereof, (for which as 1 nred not to fpur you, fu can I not but ptaile you for the iamej As it may very well l>e pof- Sble, that the Zeal of your Hearts fhall make Ibme of you in your Speeches, rafhiy to blame fuch as may be innocent of this Attempt. But vpon the other Part I wifh you to confider, that I would be forry that any being innocent of this Pra(5\ice, either domeftical or foreign, ftiould receive Blame ot Harm for the fame. For al- though it cannot be denied, That it was the only blind Supertlttion of their Errors in Rehgion, that led ilicm to this defperate Device; yet doth it not follow, That all profefTmg that Remijh Religion were guilty of the fame. For as it is true. That no other Se^ of Hercticks, not ex- cepting Ttiriy ^(W, nor Pagan, no not even thofe of Calicute who adore the Devil, did ever maintain by the Grounds of their Religion, That it was lawful, or rather meritorious (as the RoniiJ}} Caiholicks call it) to murder Princes or People for Qiiarrel of Religion. And al- though particular Men of all Profeffions of Re- li-;ion have been lame Thieves, fome Murthcrers, fome Traitors ; yet ever when they c:ime to ll.cii End and j'ift Puniflimcntj they confcflcd i 3 ' tlieif
^. 9 Jtmtt I. ,
154 Tfye Tarlsamentary History
their Fault to be in Iheir Nature, and not in
their Profeflion : (thefe Romijh Catholicks only
â– excepted ) Yet it is true on the other Side, That
* many honeft Men blinded, peradvcniure, with
* fome Opinions of Popery, as if they be not
* found in the Queftions of the Real Pnfetue, or
* in the Number of the Sacraments, or fome iuch
* School Queftion ; yet do they cither not know,
* or at Icalt, not believe all the true Grounds of
* Popery, which is indeed, 77>f MyJUr^ efJniqmfy.
* And therefore do vvejuflly confel's, that many
* Papifts, efpecially our Fore-faihers, hying their ' only Trufl upon ChriJ and hb Merits at their ' hft Breaih, may be, and often-times are faved ;
* detefting in that Point, and tliinking the Ciuclty
* of Puritans worthy of Fire, that will admit no
* Salvation to any Pap.ji. I therefore thue do ' conclude this Point ; That as upon the one Part
* many honeft Men, feduced with fome Errors of
* Popery, may yet remain good and faithfuj Sub-
* je£^ts : So upon ihe oilier Part, none of Ehofe
* that truly know and believe the whole Grounds,
* and School Concluhons of their Dodrine, can
* ever prove either good Chriftians, or f;iiibful Sub-
* iefls. And for the Part of foreign Princes and
* States, I may fo much the more acquit them
* and their Minifters, of their Knowledge and ' Confent to any Iuch Villany i as I may juilly
* fiy, that in that Point I better know all Chrillian
* Kings by my fclf, that no King nor Priiacc of ' Honour wdl ever abafe himfelf to much, as to ' think a good Thought of fo baCe and diflionour- ' able a Ti-eachery : Wiflijng you ibeiefore, that ' as God h::th given me an happy Peace and Ami- ^ ty, with all other Chriftinn Princes my Neigh- ' boursi (as was even mtw very gravely told you ' by my Lord Chapcellor) chat fo you will re-
* vcrcnily judge and fpeak of ihcm in this Cafe.
* And for my Part I would wifh with ihofe an- « tient Phifofophtrs, that there were a ChryH^il \ Window in my Breaft, wherein all my People
'\ Jiiight fee ihc fccrcteft Thoughts of my Heart ;
' for
0/ E N G L A N D. 135
for then might you all fee no Alteration in my^a* )• Mind for tbia Accident, further than in tboie '^ two Points. The Firft, Caution and Warincfs in Government , to difcover and fiarch out the Myfteries of this Wickednefs as far as may be : The other, after due Trial, Severity of Punifli- ment upon tbofe that may be found guilty of fo deteftable and unheard-of Villany. And now in this Matter, if 1 have troubled your Ezrs with an abrupt Speech, undigefted in any good Method or Ordec; *you have to confider that an abrupt, and unadvifed Speech doth beft become the Relation of fo abrupt and unorderly an Accident.
' And although I have ordained Proroguing of '^is Parliament until after Chrijlmas^ upon two . cefiary Refpeas : Whereof the firft is, Thftt neither I nor my Council can have Leifure, at this Time, both to take Order, for the A pprehoifi- on and Trial of thefe Confpiraton, and alfo to wait upon the daily Affairs of the Parliament, as the Council muft do : And the other Rea- Ibn is, the NecefTity, at this Time, of divers of your Prefences in your Shires that have Charges or Commandments there. For as thefe Wretches thought to have blown up in a Manner the whole World of this liland ; every Man being now come up here, either for publick Caufes of Puliament, or elfe for their own private Cauies in Law, or otherwife : So thefe Rebels that now wander through the Country, could never have gotten fo fit a Time of &ifcty in their Parage, or whatfoever unlawful A£lions, as now when the Country by the forefaid Oc- calion is in a Manner left delblate, and waf^c unto them. Befides that. It may be that I ihall defire you at your next Seificn, to tak^i upon you the Judgment of this Crime : for as fo extraordinary a Fa£t deferves extraordi- nary Judgment ; fb can there not I think (fol- lowing even their own Rule) be a filter Judg- ment ibr them, than the}' (houtd be meafuKed
* with
1^6 Tb§ Tarliamentary Histo&t
An. 3. Timet r/ wUh the f^mc Meafure wtierewith they thought 1S05. ' to meafure us j and that the fame Place and
* Pcrfons, whom ihey thotjght to deftcoy, fhould ^ be the juft Avengers of their lb unnatural a
* Parricide : Yet not knowing that I will have ' Occafion to meet with you, myfelf, in this
* Place, at the Beginning of the next Seffion of
* this Parliament ; (bccaufe if it had not been ' for delivering of the Articles agreed upon by *• the Commiflioners of the Union, which was ^ thought moil conve^ien^to be done in my
* Preferce, where both Head and Members of
* the Parliament were met together, my Prefence *• had not otherwife been requilite here at this ^ Time) 1 have therefore tliought good for Con-
* clufion of this Meeting, to difcourfe to you
* fomewhat anent the true Nature and Oefiniclon ' of a Parliament ; which I will remit to ycMir ^ Memories, till your next Sitting down, that
* you may then make ufe of it as Occafion fhall f be minillred/
' For albeit» it be true, that at the firft Sef-
* fion of my firft Parliament, which was not ' long after mine Entry into this Kingdom ; it' ^ could not become me to inform you of any ' Thing belonging to Law or State here ; (for all ' Knowledge mu(t either be infufed or acquired, ' â– and feeing the former Sort tliereof is now, with ? Prophefie, ceafed in the World ; it could not '
* be poffiWe for me, at my firft Entry here, before ^ Experience had taught it me, to be able to f underftand the particular Myfleries of this State)
* yet now that I have reigned almoft three Years ^ amongft you, and h^vc been careful to obferve ' thofe Things that belong to the Office of a ^ King ; albeit, that Time be but a ihort Time ^ for Experience in others ; yet in a King may
* it be thoi^ht a reafonable long Time, efpecially - in mc, who, although I be but in a Manner
* a new King here, yet h,.vc been long acquainted f with the Olfice uf -i King ii. fuch another King- ( {joffl, as uotb ne^efl pf all others agree with
♦ thp
^ENGLAND. 137
* Ae Laws and Cuftoms of this State. Remit- ^t .
* ting to vour Confideration, to judge of that "^ ' which haul been concluded by the Commiffionen
* of the Union, wherein I am at thb Time to ' fignify unto you. That as I can bear Witne6 to
* the forefaid Commifltonen, that they have not
* agreed nor concluded therein any Thiiiet v^hcre-
* in they have not forefeen as well the weal and
* Commodity of the one Country, as of the other ;
* fo can they all bear me Record, that I was fo
* &r from prefling them to agree to any Thing,
* which might bring with it any Prejudice to this
* People ; as by the Contrary I did ever ad-
* monifh them, never to conclude upon any fuch ' Union, as might carry Hurt or Grudge with
* it to either of the faid Nations : For the Leav. ' ii^ of any fuch Thing, could not but be the ' gfcatell Hindrance that might be to fuch an ' A£tion, which God by. the Laws of Nature ' had provided to be in his own Time, and hath
* now in Effeft perfefted in my Perfon ; to
* which Purpofe my Lord Chancellor hath better ' fpoken, than I am able to relate.
• And as to the Nature of this High Court of
* Parliament, it is nothing elfe but the King's
* great Council j which the King doth aflcmble ' either upon occafion of interpreting, or abrogat- ' ing old Lawsj or making oF new, according as
* ill Manners fhall deferve, or for the publick
* Punifhment of notorious Evil-doers, orthePraife
* and Reward of the Virtuous and Well-defcrvei3i
* wherein thefe four Things are to be confidered-
• Firft, whereof this Court is compofed
• Secondly, what Matters are proper for it.
• Thirdly, to what End it is ordained.
• And Foujthly, what are the Means and ' Ways whereby this End IhoulJ be brought to
* pafi.
• As for the Thing itfelf, it is compofed of a
* Head and a Body : The Head is the King, the
* Body are the Members of the Parliament. This f Body again is fubdivided into two Parts; the
• Upper
138 The Tarliamcfttary Histort
Aa- 1* J"""* !• ' Upper and Lower Houfe: The Upper com- '^* * pounded partly of Nobifity, Temporal Men,
* who are hereiabk- Counfellars lo ihe High Court
* of Parliament, by the Honour of their Creation ' and Lands : And partly of fiifhops. Spiritual
* Men, who are likewife by the Virtue of their
* Place and Dignity Counfellors, Life-Renters, or
* Ad Fttam of this Court. The other Houfe is
* compofed of Knighisof theShire; and Gentrj',
* and Burgefles for the Towns. But becaufe the
* Number would be infinite for all the Gentlemen
* and Burgcflcs tu be prefent at every Parliament,
* therefore a cenain Number is feletted and cho- ' * fen out of that great Body, fcrving only for
* that Paliament, where their Perlons are the
* Rep re fen ta I ion of that Body.
* Now tlie Matters whereof Ibey are to treat
* ought tliercfore to be genera], and rather of fuch
* Matters as cannot well be performed without the
* affcmbling of that general Body i and no more of
* ihcfc Generals neither, than Nccenity (hall re-
* quire: For as In csrnfptijjima Rtpuhiiia /uftt
* plurima Leges : So doth ihc Life and Strength
* of the Law confift not in heaping up infinite and
* confufcd Numbers of Laws, but in the right ' Interpretation and good Execution of good and
* wholfamc Laws. If this he To then, neither is ' this a Place on the one Side, for every ra{h and
* harebrain'd Fellow to propone new Laws of his
* own Invention : Nay rather could I wi{h ihcfe
* bufy Heads to remember thai Law of the Lacc-
* demanianiy That wholoevcr came to ptoponc a
* new Law to the People, behoved publtckly 10
* prefent himfeU with a Rope about his Neck, ' that in cafe the Law were not allowed, he ' fhould be hanged therewith. So wary fliould
* Men be of proponing Novelties, but moft of all
* no: 10 propone any bitter or fediiious LaWcs,
* which can produce nothing but Grudges and
* Difconientmenc between the I'rincc and his ' People : Nor yet is it on the oilier Side, a con-
* vcnicnt Place jor private Men under ihc Colour
' of
I
Ojf E N G L A N D. 135)
' of gcncnl Lawj, to propone nothing but their ^i^^j. jmrnt
* ovm panicular Gain, cither lo the Hun of their ifaf. â– private Neighbours, or to the Hurt of the whole
* Suwe in general j which many Times, under (air ' and pleaBng Titles, are fmoothly piflcd overt
* and foby Stealth procured, withciut Confideration ' chat the private Mining of vhcm teiidcth lo no-
* thing but erihcr to the Wrtck of a particular
* Paiiy, or clfc under Colour of puWick Benefit
* to pill the poor People, and feivc as it were for ' a general Impoft upon them for filling ihe Put-
* foof fome private Petfons. * And fo the Lnd for whkh the Parliament U
* ordained, bemg only for the Advancement of ' God's Glory, and the Eftabliflimcnt and Wealth
* oi" the King and his People : It is no Place then
* for particular Men to utter there tbcir private
* Conceits, nor for Satisfaction of their Curio-
* filies, and Icaft of all to make Shew of their EIo- ' qucnce by tyniog the Time with long ftudied
* and cIoiTjucni Orations. No, the Reverence of " God, thtir King, and their Country being well
fenl^ in il'>eir HcartSy wilt make themafhamcd of fuch Toys j and remember that they are there as fwom Counfcllors to their King, to give Oicir beft Advice for the Furtherance of his Service,
Eand the flourilhing Weal of hh Kltaie. • And laftly, »f you will nghily confider the • Mearu and Wayi how lo bring all yout Luboun * to a good End ; you mult remember, Uiat you ' are here aflemb'ed by your lawful King to give f him your bcH Advices, in the Matters propofed f by him unio you, being of that Nature, which * I Iiave already told, whercUi you arc gravely to ^ dt! T. ycurCnnldcnces, plainly
to. :i . r thofe Things propounded
do agree with the Weal, both of your King and of your Countiy, whole Weals cannot be fepa^
' World {hall ever
bti
lytelf,
" . that I never fhall pr«i> J, wh^h Qiill not as v
io
, 3. James 1
'h 4b 77je Tatl/amenta>-y H i stort
* to ihe Weal Publick, as lo any Benefit for me :
* Sofhalll everoppone myfelf tothat, which may
* not tend to the Good of the Common- Wealth,
* for the which I am ordained, as I have often
* faid. And as you are to give your Advice in
* fucb Things as fhall by your King be propofed :
* So is it on your Part your Duties to propone any
* Thing that you can, after mature Deliberation,
* judge to be needfu!, eiiher for thofe Ends already
* fpokcn of, oroiherwifc for the Difcovery of any ' latent Evil in the Kingdom, which peradven-
* ture may not have come to ihe King*3 Ear.
* If this then ought to be your gr.ive Manner of
* proceeding in ihis Place, Men fhduld be afhamed
* to make Shew of the Quicknefs of their Wiis
* here, either in taunting, Icoffing, or dcirad^ing
* the Prince or Stale in any Point, or yet in breali- ' ing Jefts upon their Fellows, for which the Or-
* dinarics or Alehoufcs are fitter Places, than this
* Honourable and High Court of Parliament.
' In Conclufion then, fince you are to break ' up, for the Reafoiis 1 have already told you, 1 ' wifh (uch of you as have any Charges in your â– Countries, to haden you Home for ine Repref-
* fing of the Infolcrcics of thefe Rebels, and Ap- ' prehenfion of their Pcrfons; wherein as I heartily
* pray to the Almighty for your profperous Suc- ' .ccfs, fo do I not doubt, but wc fhall fliorily ' Ilear the good News of the fame ; and that you
* (hall have an happy Relurn, and Meeting here
* to all our Comforts.
Here the Lord Chancellor fpake touching the proroguing of the Parliament. And Having done, his Majufty rofe again, and foid,
• Since it plcafcd God lo grant me two fucb
* nora'ole Deliveries upon one Day of the Week,
* which w.is THtfiiS)\ and hkcwife one Day of
* the Moi^;h, which was the Fifth % thereby lo
* teach me, That as ic was the fame Devil that
* Aill petlecuied me*, fo it was the fame God
* tUat ftill mightily delivered me '. I thought it
* Uicie-
\
0/ E N G L A N D. ^4^
' Uierefore not amifs, that the one and twcniieih An. 3. Junes 1. ' Cay of January^ which falU to be upon Ttufdny^ *^5' ' fbould be the Day of Meeting of ihJs ncxl Sef-
* iion of Parliament, hop ng and aiTuring myfclf* ' ihac the fame God, who haih now granted mc ' 9itd you all fo gracious and notable a Delivery*
* fhall profper all our Affairs at that next Seffion,
* ^nd briT^; them to an happy Conclufion. And
* now 1 coniidcr God hath well provided it that *" the Ending of this Piirliameni hath been fo long ' continued; For as for my own Part, I nevet
* bad any other Intention, but only to feck io hx ' my Weal and Profperity, as might conjun^jy ^ ftand with the floutiihing State of the whole. ' Common- Wealth, as i have often told you:. ' So on the uther Part 1 confefs, if I had been ini ' your Places at the Beginning of this Parliament, ' (which wa3 fo foon after mine Entry into this ' Kingdom, wherein ye could not poOibly have
' to perfe^ a Knowledge of mine Inclination, as
* Experience lince haib taught you^ I could not
* but have fufpcfted, and mif-interpreted divers ' Things; in the iryini; whereof, now I hope, â– * by your Experience of my Behaviour and Form ' of Government, you are well enough cleared*
* and relblved.*
It feems as if the Parliament met, at this Time, onlv to have the foregoing Declarations made to ™. » ,. ihcm. by the King and ihe Lord Chancellor; for pror'og^ """ tbey were inftantly prorogued to the zd of 'Janua- ry y following i and from thence co the 2 ill uf the fame Month.
On which laft mentioned Day, the Lords being met, a Motion was made by the Archbifhop of jj, .
Canterbury (i), ' That a Committee might be ap-and cnrGi^'of pointed to confider the Laws alreiidy in Force, that ^<= ^w* â– Btiaft tend to the Prefervaiion of Religion, hiA Majefty, '^""^*"*'' the State and Common-WeaUh. What Defoftj are id the Execution of them, or what new Laws niay be thought needful.' This Motion being fe-
condcd (ij iUhtrJ Samnfi, Lt Ntv^t Fs^i £it< 1^*
14a The Parliamentary Histort
An. 3. jaraeir. condcd by !hc Bifliop of Londm {t\ followed by
1605,
r. -pj,
Cecil Earl of Salhhury^ a Committee was immc-' diaiely appointed for that Purpofc. *'
The Lord Chancellor gave Direftion to the Clerk of Parliament, to take fpecial Notice of the Names of fuch Lords as fbould fait in their Ap- pearance this SefEon of Parliament j having no Li- cenfc fram his Majefty for their Ablence. This was done, no doubt, bccaufe fome of the Peers were then fufpefted to be concerned in the late Plot i and fome were taken up for it afterwards, as will appear in the Sequel.— — A Bill was alfo read a firft Time, For preferving and rejloring to the Cnwn the true and antient Royalties appertaining
to the fame. In the Commons, we find, that
the Bufinefs of the Popijb Plot was ihe firft thing, alfo, that Ihey went upon. Jan. 21ft, Sir George Msore made a Motion, out of a deep Senfe of the late Confpiracy; the like whereoF, he faid, never
came upon the Stage of the World. Other
broken Hints of this Speech are thus entered. No Hour too foon for fuch a Motion.- — Encou-
rap^ement to Papifls^ Impunity and Delay. ^
Hojfiines qui ex IPraude, Fallacia^ Mendaciisy con'
Jijiere videbantur. Tantumne Reiigio poiuit fua~
dere Maki-um? To enter into Con !ide ration,
what Courfe may be fitteft 10 fettle the S.^fety of the King, and prevent the Danger of PapiJiicaC
practices.
This Speech was fecnnded by Sir Francis Haft' ings ; hi fpoke of tlirte Duties:- — -To God, and
the King, to God and ourfelvcs. Offered four
others to Confiderailon: — - The Plot, the Car- riage of the Plot, the D fcovery, and the Deli- verance. Pl^)t, pDptfh, danperous, and defperate.
Afterwards, the SoHidtor General faid, That a Word, in Time, was like Apples ol Gold furnifh-
cd with Figures of Silv-r. That thcJ'e Staie-
Monb had got a new Divinity. It was lawful
for ihem to lie, to diflcmble before a Magiftr^e,
to kill an Herctick.
The
i
(rj Ricl-Mrd f^atigttir.
X/ AViv'i K^' Sec. ifo/.
0/ E N G L A N D. 143
The Refult of all was, ' That a large Commit- An, j. jamesi, tec was appointed to confidcr of fome Courfe, '*°^* for the timely and fevcre Proceeding againft Jt- fuits. Seminaries, and alt other pcpipj Agents aod Pra^fers; and for the preventing and (upprefUng all tbcir Plots and Pra*^ces.'
To go through each Days Proceedings in both
Jo-trncbf would be loo ledious. We (hall only
cull out of ihcm the moft remarkable Inftanccs, and which are hiftorrcal enough for our Purpofe. The Popijh Plot was the thing moft ai Heart ^ and this Parliament laboured lo 6x lome indelible Mark of their Rcten;ment on fuch an infamous Intention. Several Confpirators had now been taken, fome Others were killed in endeavouring to make their Efcape ; and we are told by the Writer of this Reign, (though it is not mentioned in the Jaumals) that the Earl of Nortbt/mif/r/and, Henry Lord Merdaunt^RTiA Edivard Lord Stourten, three Popijh Lords, being fufpcded to have Knowledge of thisScvEnlPcmap- Confpiracy, were all committed to the ^w<fr. J^'^^^f*^â„¢ '^J One great Caufe of iheS'if^MCion, wa^j, their not coming to Parliament according to Summons; but, nothing more being provM againft them, af- ter fome Impriionraent, the txvo Barons were re- deemed, by Fine in the Siar-Chamber -^ but the Earl continued a Prifoner there for many Yprs after (u).
Thcfcwere all the Noblemen that were fufpefted ; 35 for the inferior Sort, tliey were tried and con- demned at Common Law: But before their Kxc- cut'ion was awatded, the Parliament thinking the ordinary Puniftimcnt too light for the Offence, the debate on the Lords appointed a Committee to confider what Manner of pu- Punifhments extraordinary were fit to be ordained n'*'"* ^ *'^**^' for thcfc Oifcndcrs. They had made ionic Pro-""' grcis in this Matter, when the Archbiftiop of Can- terbury^ the firft of the faid Committee, though it was an Affair of Blood, reported to the Houfe* • That having afkcd the Opinion of the Lord Chief JulUce of England in that Matter j and
* being
144 T^^^ Parliamentary History
Aa> *. JwDM 1. ^^^% informed by him that the Execution of the 1605. faid Tiaitors might not conveniently be deferred, the Committee had forbom any further Pro- ceeding therein.'
The Houfe of Commons were no Icfs anxious: For on the 25th of January^ Sir Thomas Hslcrofi pui the Houfe in Mmd, That Ritkard II. built a wooden Hoafe, and there the King and Parliament fat when Offenders were judged. This tended to have ihc Miners, in the late Plot, tried in the fame Manner ; which* he faid, was not without Prece- dent ; and therefore defucd that the King might be peiUioned about it.~ ^wRobert IP^mgfield moved ' for a Form of Punifhmcnt equal to the Greatnefs
of the Faft. He faid, the Scripture had Examples of extraordinar)' Punifliments for extraordinary Of- fences. And moved, That a fliort A«ft might be made for ihe Pumfiimeni of the Mincis; and fomc extraordinary Puniihmenffet down in it. But no Petition to the King about it, for he was fo com- pounded of Mercy and Pity, that he will deny
jr. Sir Robert Higham argued againft thefi
Motions; and f^id, That the Common Law fhoul have it? Proceeding firft, and then thu Corirtmigh
add a Confirmation of it Mr FulUr^ on the
i.\TTie Side, moved, That all the Houfe might be prefcnt and hear the Arraignincnlj and that, af- terwards, a Law might be made for the Punifh- mcnt, the Judgment being refpited.— -The Speak- er f;<id, That ihafe who were already dead were to be aitainted by the Huufe, and Evidence againft them given at the Bur ; for the reft a Confirmation
of the Attainders was fufHcient. Mr. iVifeman
moved. That the Houfe might he prefcnt at the Trills and Places proviried for them; and that Judgment fliould.be refpited; aficrwsrds, they njight think of a Judgment in the Houfe, iheir
Confciences being informed bv the Ho;iring.
Mr. SoUicJtor was againft ptticiuning for Stay of Judgment j and obfcrved. That there was no Pre- cedent when one CommifTion and Court had heard ' Allegations, that another (hould interpofe thcm-
ielrn
t
y
fclvM to flop Judgment..^— I. aftly, Sir Hciirf j^.^^ j«n«i. Litfon xo\d the Houfe, 1 hat the Intcrcft the Par- 1605. Iramcnt had in this Afliiir, made them no compe- tent Judges of it. Upon the whole, the
Queftion was put. Whether to petition ihc King that Judgment might be rtaytd ahcrTrial? It was rcfolved in the Negative.
However, to do fomcihing ir the Matter, the Commons framed, read and palled a Bill> and Tent it up to ihc Houfcof Lords, on the 25th o\ Jo' nuary, intlilcd, An ASl for appcinting a 7hankjgiv-^^ ^" " "»- ing to Almighty Go4. evtry ^cjr, on th Ktb (/""^ '^^".''''^J: November. I he Meiienpers which brought this or Nftvanbery Bili up 10 llic Lords told them, * That the whole
* Body of Ihe Commons, having entered into Con- ' fideralion of the great Bkrting of God, in the
* hfippy Pretcrvaiion of his Majelly and the State,
* from tlie late moft danjicrous Trcafon, intended ' 10 have been attempted, by the Inftigation of ' 'Jtfuiti, Sem'itijrtes., and Remip> Priefts; had fra-
* incd and palfcd the iaid Bill, in their Houfe, as
* the FJrft- Fruits of their Labours, in thisSelTion
* of Parliament; which they did, very earncflly,
* recommend to their Loidfl^ps.' The Lords re- turned the Ccmplinieni, by reading and palling ihe Bill in three Days, without ever going into a Com- mittee about it- And this A€t ftands the firft in ihe printed Statutes of this Seffian of Parliament.
Both Houfes pafled another Bill for the //Wi/r- F©r attainting der gf tie Oifenden in the late Treafon^ whofc'''* '*''^""'* Names arc too inconfiderable for this Hiftory, and maybe feen in the Ail iifclf: The Lords next pro- ceeded to conlidcr the Motion made by the Arch- biHiop of Canltrbury, on the fiift Day of ibis SeflJon, concerning the Laws already in Force agaioft Pafajh, i^c And arcotdingly, wc tiiid that Ftbruary ill, he made a Keport to ihe H£>ule of what bad been dcmc in that Committcei and then prcfcnied a Ihoi l Note, containing the Heads of the laid Laws now in Being.
The next Xi^'i^ ihc Lords being informed that the Commons were upon a Bill to the fame Pur-
Vot. V. K pofc,'
I^^^Mta
iafaatit
1 46 The Parliament a^Hx?To\r
\n. 3. jsniM J. pofe, and that they were ready to bring it up to »6oS' their Houfci they ?ent a Meflage to them, to de- fire a Conference. ThisPropol.il 'av.s accepicd of; and leveral Meetings of the Committees ot* boib Houfes were had about it ; the Refult of all was. And anotii« a- ^^^ pilHng two new Afts, one intiiled, An J^pr V^^^^^i'opiihRt- dJ/covmtjg and reprejjing j,^ Popifli RHafmti\ and ^ '""" the other called, An Ait u prevent and avoid Dan-
gen which may grew by Popifh Recufants. Thefe Sutuies, which arc yetin Force, are 10 well known, that they need no farther Explanation (jt).
We have fome Notice given us in the 'Journah of the Upper Houfc, of a Supply 10 be granted this Seffion ; by a Meflage fent from the Commorw to the Lords, on ihe i2th of February •, import- ing, * Th^C they had received Signification* with much Joyj by thdr Speaker, of his M.ijcfty's gracious Acceptation of their humble Offer, in A BiH /fom tlie JW'Tie'" of Sahfidies; and wiihall that his Majcfty ig Commnni, reia- well plcafcij that ConfiJeration may be bad of the tbg to Purve,- GrievancesarifingbyP«»^JO"^//f*. 'Ihey therefore propofed a Confetcr.te, by Commillees of both Homes, to confider of ihefc two weighty Articles.' This Rcqueft was ^id'ented to by the Lords, and aTime appoinicd for the Conference: But, we hear no more of the Supply till near the End of this Seffinn. The dther Btiiinels concerning the King's Purveyors^ was an <;ntieut Bianch of the Royal Prerogative i and therefore was to be tcndtr- ]y dealt with: Many Conferences were held abooc it, between the twoHoofcs; at lafta Bill was paf- ied by the Commons, and fenr up, intitled, An Aa ffft' rh bfttcr Bxetut'un */ fundiy Statuta toufhing Purveyors (ttid Carl-Taiers. On the fecond Read- ing of which by the Lords, it was committed; but, on a Moiion of the Lord Trealurer, it was agreed, by that Houfc. * That the Judge.*! and the King's learned Council, who were ordered lo attend the Committee, fhould confider before-hattd of the did Bill of Purveyors, for the better Information of their Lordfhips at the Meeting of the Com-
mittce^'
(m) Sumti gt brgc, An, 3. Jttt I, O/. IV, V,
•ncc.
0/- E N G L A N D. 147
mitteC.' Afftil the loih, the Archbilhop o/ Can- ^a. 3. jamci i. Urbury reported from thence, thai the Attorney Ge- i«os. neral had made it appear to the Commiitee, that the Bill was very dcfc^ive and inconvenient; where- upon it was agreed 10 proceed no farther therein.
But, wc find that the Commons were not wil- T,viiich, being ling to let the Matter drop fo eafily ; for bel'ore ihisdrop'd by the Seffion was ended> they had prepared a new Bill tol^'^^-> they fend the lame Purpofe as the former, which pafled their JJ^'^fJJ^^'^* Houfc and was lent up to the Lords. Upon this, a long Debate enfued, and the Quellion being put, Whether the faid I'econd Bill might, by Order of the Houfe, be admitted, the former having been rc- iefted ? It was carried in the Negative ; and a Me* morandum was enieicd by Order of the Lords, as a general Oire^lion, for the future.
The Bufincfs of a Supply was moTed for in thepr^eedinp od Houfeof Commons ^^/"iwry lOlh, by Sir 5f5^dm<7/ the Supply. Ridgnvay't the broken Hints of whofe Speech, in their Jeumah^ may be thus conneded. * He much exaggerated the Blefllngs they enjoyed un- der the prefent Goverhftient; and yet the King h.id been at great Charge to fuftain it. For though, lays he, we have Paism txtemam IS internain; yet, the Funeral of the Iste Qucen« the Entrance of his prcfcnt Majcfty into this Kingdom, with that of tile Q^ieen and Prince, all at different Times; the Enienainmcnt of foreign Emball'a- dors ; the Mafs of Trcafure which had been cxhaufted in /r^/dffrf; her Majefty'a Lying-in; the great Charge of the Houfhoid ; with the Largcfles, or Rewards, which had been beftowed on particu- lar Pcrfons, of both Nations, had much impovc- ri&cd the !Cing*s Trcafury (y). The Common- wealth was obliged to lighten this Burden; as Afcfes laid, Hotv ton he alone bear their Stfifei and K 2 In-
(•f) The different Sumi of tlicfc txpcncca tre thus ^vcn at, in the CtimMWA yevmals, vix. Tite liic (^<:en'& I^cbu,
The Kiig, Queen, and Piincc'i Entrance,
The WeQurt-i'iFuiwral, . .
Cnrnnmon of the Kbc ani tiyicn, ' —
Cifu to E(r.t<4a:<lM«, &c.
Zj^Mcet lit Irttand hi fgur Vein ^ ftr Anntm, —^
400,000!, lo.oooL ao,c<jo1. aojoooi. 40,000). 350,ooc}L
n
L
Jioitil. f^cumbranaSiis'c. Laftly, he added, . _.
°^' ever the Offer was from his SuSjcSs, ihe King would fay /t0eit to itj and therefore maved that a Committee might be immedi^.tely appointed to draw up a Bill for a Supply/
This Motfcn was feconded by Sir Maurice Berilty ; and, afterwards by Sir Edward Msatague^ who begun with urging two Duties: Fear God and honour the King;. That we owe him Love, Reverence, Obedience, and Thankfulnefe for his Truth and Juftice. That the Freedom of the Gift ought lo he equal to the Grcauiefs of the Givers ; and that it Ihould be fpeedy and chearful. Laftly, hi5 Motion was for two Subfidies and four Fijtfenth$\ two of which wc.-e to be paid at Eajier^
and a Suhfidy at Mkhaeimas. Mr, Bond began
with enumeratmg the many Beneiiis they reaped by his Majefty's Reign. Thai of a weak, feeble ?nd brcathle^ State, ii was become the moft opu- lent, rich and mighty Empire of any in Chrijlen- dim. That we owed ji'iimam De<f<, Cortm Regi, who was mu Suhfidium taut-m fid Praftdium, in Time of Peace. That ihey ought to fill the King's Coffers tirfV, and niaice him F'ldus Dtpofi-
tarius. Sir JFiUmm Snowd, Sir Henry PcoU,
and Sir Natbamel Baccn, fpoke for a Supply ; the VaU urged ihit fome Confidcrations ought to be had in the Ftftcetuhi ; fewer of thefe and more Sttbjtdies granted, faecaufe Subftdies were Icfs in
Value than formeily. Sir Frum'is Hnjlingi faid.
That ihcy ought to offer Love for Love. There- fore he wus for two Subfidies and lour Fifteenths* A'nor Civium Rtgi itiexpitgr.abile Munimeutum» That Peace was not hereditary ; and ^'e oup;ht to provide b( fure-hr.nd. The Strength of ihe King's Hands was the Hearts of his People. jSd omnem E'jentumy to give- ; and thai ^t:cito dat, bh dai. There are mote fliort Hints oi Arguments ufed for gMnilng a Supply, by feveral other Members ; in which there were only two. Sir George Mssre., and Sir Edwin Sandys, that were for modLiaiing ibt firft Propoial, The formci faid» That citra
ef
*
0/ E N G L A N D. 149
ft ultra, there were Bounds in all Things: Mains An. %■j^nat i. AftUs qui Imperatertm juum gemern fequitur The '605. other, urged this Adage, Largire de te, fili i give of your own, Son j ihe Poverty of the Land ought to be confidered, and as much eafed as may be — Upon the whole a grand Committee was relblved on, and appointed to confider of a Bill for a Sup- ply, and whcihcr it fhguld be for ivto Subfidies and four Bfteentbi^ or not.
The next Day, February uth, the Speaker informed the Houfc, * Thai he had been feni for
* to the King, who lold him that he had been
* made acquainted with the Proceeding of ;hc ' Houfe in regard to the Supply ; and lakss more
* Joy in the Manner, than W the Value cf ten ' Times asmuch had fallen unto him by any other
* Accident. That the King had three Caufes for
* his Acceptance of it. i. Becaufe it isdone out
* of Love, and without Demand. 2. For the
* Concurrence inSpeech. and Voicsamongft them;
* in fodem Senfu -, alike Thanks for both. A Dif-
* may lo the Oppolttes. 3. For, tliat it was
* done in a more ipeeJy Manner than tver hcreto-
* iore. That he would charge and change the
* Property of his own Eftate j and would cxpofe
* his Perfon ro Danger for their Good. That no ' Man wasmorclcnlibfeof it, either in thai Houfe ' or in the Common- Wealth J and, laflly, defired
* that a Committee might be named to make Dc-
* mands and Propofirions.* But more of this in the Sequel.
Some Ecclcfiaftical Affairs happened in this Scf- ThtKmc'iMef- fion worth our Notice. v^;>n7ihe Firft, the Arch- fajc id*ting to bi(hopofCtf;i.V;wry acquainted the Lords. ^ That •^'■°f=* '" ^'■• ni5 Majetty had given him Direttion la let them urderftand he was informed of great Abufcs con- <;erning Excommunicauon, granted by Ecclelia!b- cnlOfficers, very often upon trivia! Matters. And tho' Contempts generally, of great or lels Qiiality, nc punilbabic by the Laws of the Rc^lm, accord- ing 10 ihcir fevcral Natmef ; yet, conlioering Ex- commuc^cation is the ^teatcft Cenluie that can Iw K 3 fiivca
1 50 The Tarliamentary History
A"' y J|*™'l-givcn, his Majcfty holds the fame unfit to be ufed ' ^' but in great Matters. Therefore, altho' his Majcfty doth dcfire that the faid Jurlfdiftion Ecclefuftica! may be maintained and uphoiden, in all Refpefts, as is fit ; yet, to remedy this Inconvenience, it was his Majcfty*s Defire that a Bill mi{;ht be framed for that Purpofe/ The Houfc immediately order'd that fome of the Judges, and learned CiviHans, ftiould attend the Arcbbifliop, to confider of a Pro- ]z€t for drawing a Bill concerning the ("aid Matter of Excomniunicaiion.
It is not unlikely but the Archbifhop was in- form'd, thill the Houfe of Commons, who were always ready to clip the Wings of the Church, were, at the fame Time, upon the like Projcft; and therefore was not willing that the Honour of this Reformation fl^ould rcll upon (hat Houfe. For we find, thnt j^pril the sth, a Mcflage was fent by that Body, to the Lords, to defire a Con- ference with them touching Matters EcclcfuAical. The Anfwer was, * That altho' the Lords were pr'JJo^TScrWillin? to grant their Rcqueft, yet, for that their ReKorrtiKticn in Propofition Was Very general, they delired to know tl»c Particulars of it, that they min;ht be the better prepared for the Conference.' On which the Com- mons returned AnfWcr, * That the Caufes whereon they defired Conference were four, viz. X. The Silencing of Minifters. i. The Multiplicity of Ecdcfiaftical Com- miflions.
3. The Manner of Citations. And
4. The Point of Excommunication." Kcreupon, a great Dchate arifing, whether they
fhould agree to fuch a Conference, or not? The farther Rcfolution therein was deferred till the next Day.
The old Topk of Prerg^stive Royaly which This King wjs js -t.cAXowi to mnintain as any of hit PTcdcccflors, was lurely ihc Rcaion wiiv this Bufi- nefs moved fo ilowly in the Houfe of Lords. The Commons, who wcic ever jealous of the Ecclefiaf- lics, iherelore prefTed this Conference ilrongly. At
The Commons
^s
0/ E N G L A N D. 151
laft, 00 the 8ih of Jprilj an Anfwer was fcot tOAa. 3. the Commons, importing, * That the Lords, bar- iCcj ing deliberately confidered of the Commcns Mcf- fage about a Conference on the four Ecclefiaftical Points they fent them, had agreed to the fame and appcnnted a Committee accordingly.' Anfwer n-as immediately returned from the Lower Houfe, ' That they gave moll hearty Thanks to their Lord(hi{fc, for having, with fuch Alaaity, figni- iied their Confcnt for this Conference; and that they would mod readily join with them, and im- part the Grievances occurring in thefe Ecclefiafli- calMatters. But that they cannot give a Meeting, either of this Day or the next ; becaufe they had af^ioted other fpecial Bufincfs on thofe Days, for his Majefty's Service, which was to go upon the Bill otSuh^ify, and a Call of their Houfe. Whereupon the i4tb of yfpril was appointed for that Purpofe.' The fame Day that the former Refoiution was takcD, the Lord Chancellor delivered a Meflage from the King to this Effeft ; ' That his Majc^
* having received Knowledge of the dilcreet and
* refpe^lful Proceedings of then- Lord&ips, coo-
* cerning the Conference required by the other " Houfe, touching Mitvcti Ealeftajiicalj hadcom-
* manded him to Hgnify to them bis moft gracious
* Acceptance of the fame. With Thanks and ' Acknowledgment of his Love and good Will, ' to all the Lords in general, for their Re^rd to
* his Prerogativt, And therein, as well thofe
* who were willing to yield to the Conference, as
* thofe that were againl^ it. For that his Majefty ' did d>ferve on either Part, Arguments of equal
* Love and Duty towards him, for the Preferva-
* tion of the faid Prersgathi ; of which he would
* ever retain a grateful Remembrance.*
The Bufincfs of the Conference between both Houfes was now proceeded in. Accordingly, on the 17th of Jprilt the Archbifhop acquainted the Houfe that feveral Bifliops had been chofen to ma- niige that Conference; of whom, i. Touching :lie Silencing of Minifter?, was to be I'poken to by
him-
ija The Parliamentary History
An. $. Jaiatti.^'*"'*^'^' 2. Corccrningthc M»I^iplicityofCommif■'■' 1605, fions.by thcBi(hopsof/^//jr^(/?^r(zJancii?j:rt^r.|'tf) 3. Touching CiLilions* by ihc Bilhops of Bath and Wslis^ib) CarhJIe^ (f) and E\)',{d) 4, And Ex- communiciition, by ibc BiJhops of St. D&vuV%y{e) and Herefard. [f) Liberty was alfo referved for the Archbifhop to Iptak 10 any Points as he thought Jit, as weSI as to that allotted to him, Where- ui>on, the Ho\ife came to a Relblution thSl fome Anfwcr fliould be made to the Commons as that Day, but it was not intended orcxpeOed that they Jhould be informed whether the Lords would join or not join in a Peiition with the Lower Houfc ; bat only that the Biihops fhould I'pcak ro the four Points, and leave the other, of Petiiion, 10 be determined by the whole Houie, wiih Rcferve, fliil of Reply to any of the Points aforefaid.
This cautious Proceedirg of the Lords fhews plainly how unwillmg they were 10 touch upon the Resf^l Prerogative, in EetUftaJi'udl Matters; ■which the late Qi.it.cn always guarded with her ucmoll Care and Circumrpe£tion. Wc are left in the Dark as to what was done or fairi at thelc Confctences, which were fcveral i only, thit the Bifhops who w:re Managers, m.ide their Report 10 the Houfe, that they had debated the four Points \ and the whole Reluh was, thai a Bill was brought In and palfed into a Law, touching a Rcitramt of Excommunications in Ecdefiaftical Courts. — This had been propos'd by the Arch- bifliop of Canierbwy to the Lords, at the King's Deiire, as hcfore l.iken Notice of: But as to the rthtr lh;ec Points of Rcfcrtnitior, on wh'ch ths Commons had delir'd a Conference, Nothing was dont a^oui them.
Tho' llie Matter of Subpd'ei hath been once or iwrc: meniiont'd already, in the Proceedings of this Sefiion, i; was not liti ibe isih of Ma\^ that a
Bill
(a) H''i!lian C'-rfti, (A) 7»6f. Still.
(A) ^lart'in Utt«K^
\t) /fKtlKHJ UlldJ.
(f) Rvhtft Santt.
liNtvt,
qr E N G L A N D. 153
Bill was fent up from the Commons for a Grant An. 3. j*mt% !. of three «ntuc Subfidies and fix Fifteenth from the 1605. Temporaity; at ihe fame Time was returned as palled, another Rill for a Confirmation of four Suhfi- ^'teioi four Shillings in the Pound from the Cler^. The former Bill palled the Lords in two Days ; but movM very heavily through the Commons; partly owing to the Dilappoiniment they had met with from the Lords in the Matter of Conference ; and partly, as may be fuppos'd, on account of the Weight of the Grant. The Reader may call to Mind, the firft Propofal wa? only for two StMdies and four Fifteenth ; but, on tlie 25th of March, the Speaker Rafter delivering a Melfage from the King to ihc Houfe, how kindly he took that Offer, looking upon it as a great Argument of their Love to him,) made a Motion, Whether any more (hould be given ? And it was refolved In the Affirmative. The Speaker told the Houfe, * That his Majefty bid them call to Mind, that in the late Quecn*s Time many great Aids were given ; and that fte was never driven 10 break her Word but once. That he had laiely feveral Loans freely made him, for which he (lands engaged ; and there- fore defired that the Money might be paid in fuch Time that his Prooiife may be kep:.*
On this, a long Debate cnfued in the Houfe. l.,„„.^ The Courtiers argued ihat the King'sDebts were tosubfidy/ the Value of 500,000/. a prefhng Debt j and that ihc whole Sum of their former Gift amounted to no more than 400^000/. That the firft Payments of the Subfidies ought to be quick, in order to anfwer the NccclTuics uf the Siatc. Nutffarium Benefic'mm, Utitf datnm^ fimils ejt Pani Lapidofi. Not to lofc the Thanks of their Gift by the Difference of a few Months In the Payment. That three or four hundred Horfe cofl maintaining as much as three or four Subfidies come to j reckoning each Horie 30 A and each Horfenian 40;. With more', to the fame Purpofc.
The Arguments ufed againft granting (o much vrcrc but few ; one faid, There was never an Ex- ample
' Debate on the
The Tarl'tamentary Histort
All. 3. jiiuesi. *n*P'c of Ivfo SubfidUs in Time of Peace. To 1605. which i: was anfwered, Thar ihefe were Sub/idies of War, for the late Queen's Debts were for War ; therefore wliat was granted now was for War. Upon the whole, the Houfe divided on the Times of Payment, and it was carried by 121 againft 1 13, for the lirft three Payments tu be made in two Year5.
yffiriUht 12th, a Bill for granting of three entire Subfidiei and fix Ftfte^nthi^ was read a firft Time by the Commons. It laid a good while after this ; and, in the mean Time, all Manner of GWfz/tfw^/ was diligently rou|2;ht for to be firft redrefled ; inlo- much that the King faid, Thiy had fint an Oyea thro^ the Nathn to fini them. On the third Read- ing, Miiy grh, a Debate arofe, begun by Sir v^k- thny C^e^ Whether the Lift of Grievr*ncei oughi not to be 6rft read: And a Capitulation with the King about them. A fpecia! Order was alfo en- tcrt-d, That ihtSubftdy-'B-iW fliould noi go up till the GVwffnrcj were ready to be prefented tothcKing. Much Difpute, dy the Jjurnalsj was, whether a <^eftion fhou^fi be mAde for the Reading of the Siibfidy-Bill ; but thought to be without Precedent ajid a very tender Queftion ; therefore forborn ; and, the Houfe being at laft fatlfied in refpe£l to ihc prior CJrdcf, tlie Bill was read a third Time and p.illt-d. On the 15th, it was Tent up to the Lords by Mr. Secretary Herbert, aitendcd by every Mem- ber oT the Houfe, not one Man Icti but the Speaker,
Clerk and Serjeant- A Thing, adds the Jour-
unl^ never leen before. The Bill was quickly dil- patched in the Houfe of Lords, bcirg pail'ed there, as isticfore mentioned, in two Days.
The Bufincfs of the hfiwi betwixt the two The Union ir- Kingdoms was ag^in reium'd in this SeOion of f(uinV. Pariiamctit. The Huufe of Loriis, by their Com-
mittee, had fcver:il Conierenccs with the other Houfe about it. It was firft of all debated whether it fliouKi be deferred till next Sellion ; fo Hule Sto- mach hid an EfigUff) Parliammt to this Affair. At td£ti.a ^ill was frarped and brought in, enUiuled,
O/^ E N G L A N D. ijj
An ASi dtdaraUryy expUin'mg a Branch ef an ASi An, 3- J*™" '• made in the firfl Sejfm of this ParUament, called, '^' An All for certain Commijjisntrs of the Realm ef Kngland /ff tref^t ivith the CommiJ/icners of SQ0X\in<S, for the IVealof both Kingdoms ; which palled both Houfes, bui to as linle Purpofc as the former.
This SelTron of Parliament laded to the 27U1 Day of May, and a Multipl icily of Bufinefs was done in it. There were above one hundred Bills ^^^ ^^.^ brought into both Houfes j as appears by a Cata- ^ ' logue of them, in rhe Lords Journals, at the End of this Seflion. Many of them alfo pafl'cd into Laws, tho* there are but twenty- feven publifhed in the printed StatuIe.^ The moll remarkable Ads wc have already fpokc of ; and, on the Day abovementioned, the King came to the Houle of Lords, in the Afternoon, when the Speaker of the Commons, attended by that whole Houfe, came up to the Bar. And, on prefenting the Money- Bills, he made a Speecli to the King to this Effea ; for there arc only thefe Ihort Items of it 10 be found in the ymrnah,
Firft, ' Hebeftowed g^^atPrai^esandCommen- ' daiions on his Majefty, with Thanks to God for
* the Happincfs the State enjoyed by giving them
* fo gxacieus a King. He aifo returned Thanks ' to his Majcfty for all his gracious Benefits, and
* particularly, for his !aft Ait for a free and genc-
* raJPardon. Wiihall making his humble Rctjueft ' to the King, that he would t)^ p'eafed to give^^g ^^^.^
* his Royal AfTcnt to the Afts ready for that Pur- Sppcc^ oA
' pofe. Alfo, that he would pardon them, and icing's Aofwer ' himfel^; in any thing they had unwillingly and JJj;;|J'^''g„ ' unwillingly offended.' 1 he King made Anfwer himfclf, by fome fhort Compliments on their Pro- ceedings in this Scflion ; and faid, He had noEx- ccptons to any of the Bills but one. And, as 2 fpEcial Mark of Grace and Favour would pafs them a!!, though ii was a Matter, in former Times, very unufual to do it. {a) Only he gave them
Admo-
(a) Tat Uw Qpfen refoTciJ the Ray»I AflVni tn 48 BUIi pafi*i| frtfh Houfes, la pQC ScHion. See Val. JV. p, 41^.
1^5 The Parliamentary Histort
Ab T*ta I Admonition about one A^, for a Reftiiution in
'i«os. " ' Blood of one Roivlmd Men'uk ; that they never
ihould proceed in Parliament with any fuch like
Aft of RcHinution, till the fame xras firft figned
by Uie King, and that then it ought to begin in
-. D 1- the Higher Houfe ; of which his Majefly Jefired
^'og«ejr'"' them to make a Memorial After this, the Lord
Chancellor, by Command, in another ftiori Speech,
prorogued this Parliament to the i8[h Day of A-V
vember following, (b)
Thus this Sellion, which began in the great- eft Terror and Confternaiion, ended in perfedt Peace and Tranquillity. Though during the fiT- (ing of ir, another Rumour had been fpread, that the King had been fldbh'd with a poifoned Knife, as he was hunting near JVmdfor. The Ccntinuiitsr of Sfffivt'a Clironiclc [cll$ us, {c) * That when this terrible Rumour was brought to the Houfe of Com- mohs, the Members of it were in the urmoft Con- lleination. The fiift Reports were various; fomc fiid the King was flabb'd, others fmoihered in hJ3 'Bed, orfhotwiih a Piitol as he was riding. At the Hearing of which fad News, the whole Houfe began fcrioufty to debate what was bell to be done. Some were for rifing immediaiely, for Fear of a Surprise upon thcmlclvcs, fomc one Way fomc an- other j till, at laft, it was agreed they fliould Jit ftill, in rheir nccuftomed Manner; left their fudden Rifmg Ihould add more Terror both to Court, City, and Country: Continually fending out Mcfiijngers to the Lords of the Council for
Mews. After two Hours wniting, in ilw dreadful Situation, pafuivc Advice came tliat the King was
ThePanK^er
in nerfeft Heahh and Safrfv, ano that !ie would he
Ko;«i otecuted, at mitebail m the Afternoon. Thus thii Affiir
blew over, and the Kalb.cy of it Iiad no other Ef-
fcifl than 10 hriften the Executions of ibc Per fens
taken
(A) In this Ii.l- StflitiR if Pirlijtrter.t, an Afl wii firil p.-lT^d fi>r onying; x hirram nf tlflH Wattf lu il c North Fajts ot ihc Litv of Ltxaan, now calrd th* Ne-v-Kivcr- Water,
I
- 0/ E N G L A IN LF. 15-
laien and condemned for the Ps%vJer-Pkt. For ^„^ , ,j,j^ • • che Difcovcry of whiclt, the King bellowed on ' /to^. the Lord MonteagU, looi. per /Inttum, in Fee- Farm- Rents, 10 liim and his Heirs for ever; and 500L Annuit)', for his Life, as a Reward for thac good Service, (d)
The Parliament met again, cxafltyi on the Day a^jpointcd by the l.ift Prorogation ; nothing materia! happening to the Slate in ihc Interval. This Seilion was opened by a Speech from (he King, which is prelerved in the Journah of the Cmimsnij heing thus introduced:
* After fomeSpccch ufed by the Lend Chancellor, touching the King's Prefence, at that Time, being rot ufual : — The Manner of the Loan expelled to be, repaid: — The Matter of Gricvmces pre- fcnted by the Commons in the preceding Scffion of Parliament : — His Highnefs began to fpeak to this Efft:<ft :'
* A JOVE Principium: AbounhisTimetwelve-ThcKing-s
* JTJL rnonrh were we, that be nuw here aflcmblcd, sp«J^ *Ln''"
* afiemblcd alfo in ibis Place, to give Thanks unto Anno "Regni"*J^
* God for the great Deiiverance, not of myfelf, but 1606.
* of you all, and of al! the Body of the State, from'^* Wcflminfiw. ' that Treafon, which was moft terribly intended
' againft us all ; far which we arc bound for ever to
' be thankful to God.
And then pioceedcd, and faid :
* That all Propofiiions, made in Parliament, were
* made in two Sorts ; either by the Kini: to his Sub- ' j^ds, or by the Subjects to the King. That in the
* laft Stffiuns were Propofiiions of boih Sorts ; both
* Concerning Matters of Government of the Com- ' monwealih, proceeding from the King, and Mai-
* ters of Grievance of the Commonwealth, which
* proceeded from ihc Subjefls : And that himfdt ' would not be accounted one of thofe Kings, that
* would prefer any Prapofitions of his own before
th-
(J) mifw ift K^nna, p. 676.^
-Tib liM Mei::a£'f
iJ8 The Tarliameutary HisTort
Aa. 4- Janes I. ' tile Peoples juft Complaints ; nor one of ihofe* 1606, « tiidt would not reform any ancient Grievances,
* before he would propofe any new Col fu I tat ions.
* For the Grievances ihemielvcs, he faid, they were ' collefted with more Induftry^ ihnn lawful or duti- ' ful Diligence ; yet the Form, wherein they were
* penned, and wherewith they were prefented, was ' (o full of Difcredon and Moderation, that he was *loth his Anfwer fliould fmell of the Spirit of
* Roboum* ' But for the Matters of Grievance, they were
* fuch» as, if they were unlawful, ought to be re-
* foimed ; or, if ihey were lawful, and yet unlaw- « fully uled, and abufed in Execution, the Abufe
* was to be reformed *, or, if they were doubtful in
* Law, were fi: 10 be referred to Trial and Judg- ' ment : Which Order and Diftinftion he had ob- â– lervcd in all his Anfwers and Refolutions to every
* one of the feveral Grievances. Whereupon he
* obfervtd, that it was not convenient for a Parlia-
* ment to prefeni any, but apparent, publick, and
* juft Caufes of Grief ; though his own Nature and 'Mind Were ever prepircd to relieve any private
* Complaint of any private Man, that might appear ' to be juft.'
' But there rs in Parliament (as there is in all
* Multimdts) Diverfities of Spirits, as there was a-
* mon^ft the very Apoft!es themfelves j and that
* fomc of thcni were more popular, than profitable,
* cither for that Council, or for theCommonwealth ',
* and thai there were fomc Tribunes of the People,
* whofe Mouths could not be ftopped, cither from
* the Matters of the Puritans, or of the Purvcy- •ance. But for himfelf, he would never make a
* Separation of the Peoples Will, and the Will oi ' ihe King i and as for them, that would make any •Sciilure or Rupture, either of the Church, or of
* the Commonwealth, and therein were fuch Schif- 'maticks, he ever efteemed Schifmatickaand Here-
* licks fubje£l to the lame Curfe.' * But fur his Part, he wondered, how the Griev-
'ance of the Purveyance flioijld extend fo far as the
Borders
ENGL
^S9
Borders j and profcfled, that al! his Study and An. «. Junes x,
* Care had continually been, toabOlUh this Griev- 1*06. •ance of Purveyance. Then he laid, be would
* make one Admonition unto the Lower-Houfe o(
* Parlian:ient j viz> That they ought to enter into a
* double Confideratron of themfclves: One, as they ' were SuSje^s in general ; another, as they were
* fpecially called to be Counfellorsof the Kingdom ; ' and that the Thouj^ht of the one muft not make
* tliem forget the Confideration of the other. Xhat-
* the Parliament was not fo perpetual, but that they,
* being Subjetls, were fuhjedl to an Account, as
* Kings thcmfdlvcs were i who» though they be
* exempt from any Cenlure, or Corrc(iiion, upon
* the Kanh, yet, after the Expiration of their Reigns ' and their Lives, niult yield an Account to the ' eternal King: And thei-cfore admonifhcd them, ' to bcware» that thty were not like harm, the Son « of Dadafus't that loared fo near the Sun with his ' Wings of Wax, that his Wax melted, and his
* Wings failed, and down he fell : And therefore he
* would conclude, with Neptune in T/r^;/, Sid « AJotOi prafiat emiponefe Ffuiiui ; and wiftcd, that
* ihey would know him, and obl'erve him ; and if
* that any fuch Plebeian Tribunes Ihould incur any
* Offence, or commit any fuch Error, they would •correft them for it ; and judj^e thcmfelves (as St.
* Paul (aith) ihai they be not judged ; and that the
* whole Body receive not a Wound by orxc ill Mem- *ber thereof/
* But the gicatcll and weighticft Matter of all \i
* ihls Matter of the Union ; wherein (he faid) the
* Goodnefsof the Matter muft fupply his Want of
* Premeditation ; for that, which lie fhculd fay,
* muft proceed our of fame Infpiration, becaufe he < had fo fmall a Time of Retpirution to conlider
* it ; but that Gold did not need to be guilded,
* nor precious Stones any Ornament. He purpofeJ
* no more, but to reprefent an Idea uf the (nccp-
* lion and Perfcttion of all he required in Ihis Matter « of Union ; wherein he would firft anfwcr all
* Objections, that, by Men of humorous or malicious
Mindi
i6o Th Tarliameiitary History
"An. «• J»mei I. ' '^^"'^5, were oppofed againft this Union : Secondly, 1606. ' ' he would ftiew the Moiive of his Deiire : Thirdly,
* the principal Heads of his Defire : And bftly, ' ihe End and EiFeft, ihe Fruit and Benefit of ' this Union.'
* The firft Objedtion is, that there is no Necefliiy . ' of an Union; and that therefore his but lupcrfluoustj * * Whereunio he anfwered, and confcfled, there ii
' no Ncccfiily to malte an Union, for it is alrcadyl
* made ; but to knit and bind it, that it do not ' brrfak into Flaws and into Cracks, as a Contract ' is neceflary unto Marriage : And that this Union ' was neceflary, not ad ejJ'Cy but ad bene effe j no»
* to the very Efleace, but to the firm Contmua.iicc
' of This Union and Marriage of both ihefc King**"
* doms i whereof the Creation or Conftitution was!
* nor now required, but rather a Declaration and ' ConhrmatiOn.'
The fccoad Objet^ion is a fcorrful Ohjeflion ;
* that it is not fo rich, or fo wealthy, or fo potent
* a Kingdom; bui that the People are more impo- ' tent, and more poor : Whercunto (though 1: were
* ijch an Objeilion, as were more fir to be an- " fweied Fujiihus quam Ratlonibm) he would an-
* fwer ihem, that it was not his Purpofe to de- ' prive England of it's Laws, nor of Goods, nor of
* Lands ; but to lay Siotiand lubjeft to the Laws >
* and that, if they were determined, that the poor
* People of Evgb?id, or the poor or barren CounlrieaJ
* of England, fliould he no Part of England-j ihen.^
* perhaps Lhere were Tome Caufe he fhould be better ' content, that Scotland {ho\i\d Hand ttill divided and ' diftinguifiied from En^hmd : But if IVaUs were ' admi[ted to be Parcel of England \ if the Borders, ' which arc now naturally the mi^^dlc Part of rhc ' Larid \ it .ill the barren Pans of England wcic ' received as Parcels thereof ; he knew no Caul'e,
* why Scoiland^ which w:is not To barren or por.r, as ' fome Pans uf them, fliuuld not as well be adrait- ' ted loan Union with England: And if iheGrcat-
* nefs of England be lb great, what Decreafe can it* â– luflain by fuch a Participation i Or if ScHlaad bel
poor,.
0/ E N G L A N D. i6i
* poor, what orher Caufe is there ihereof, but the j^^ ^ lametl
* Want of ihis Union and Pariicipation with £/iS' 1606. < land? And when was there ever any King, or
* Kingdom, to whom this Principle of ampHanda t Dominia was not acceptable and honourable ?*
' Bui fome (laid he] are fo fufpicious, that ihey ' dare not trull the prefcnt Times, nor the prefeot
* King, with i,his Union i that ibis King Is a partial •King; he had his Birth tlicrc ; his Education
* there; all his Acquaintance. l*'ami!iarity, and Con-
* vcrfation> during the fiift Part of his Age, hath « been there ; and ihercfoic il cannot be, but there » rauft be Partiality in this King : Wherein (he laidj
* he would pardon them the double Wrong they ** did both to hii» and tbemfclves. For himfelf, he
* did profefs, thit fo miraculous an Applaufe, as he
* received by the general Voice of all this Nation,
* at his firft Entrance, had prevailed as much, and
* had as great a Part of his Heart, as the Place of < his Birth ; .ind that, as Education was altera Na-
* turat fo his Rcfidcnce and Continuance here was
* ijIUra Edueatie 1 and that there was no Reafon to « fufpcO, that either any Ercflion of that Nation,
* or any Suppreffion of this, Ihould beendanger'd by
* this Union ; Therefore, qui hnhst Aures, audiat ;
* let them that have Ears, hear, and know, that « there can no Servitude nor Diminution, but Aug- « mentation and Freedom, be brought by this Unioo
to this Nation.*
' For the Motive of his Dellre, he acknowledged his Affe^iou lo Sioiland^ wherein he had his Birth , and Education, and wherein he led the firft Part of 4 his Age; and if he fhould be unthankful to that , Kingdom, wherein he had fjxjnt Ihc firft Parr, , what might ibey expefl of him in this Kingdom, , wherein he fhould fpend the Iccond and lail Part , of his Age: And that therefore he did fo equally , efleem thcfe two Kingdoms, betwixt which he , was fo equally divided, as two Brothers, and as if ^ they had equ.-l Parts of his Affeflions; and did , dcfue, tliey ftiuuld be united and fubjeftcd both J to one Rule and to one Law. His fecond Motive VgL, V. L ' was.
1^2 TheTarHameutary HisToar
' *«£""''' ^^^» *^^^ ^^ knew himfelf to be mortal, as otiietj "06. { ^^gjj 3jg . jj^j ji^gj after him there could never be
* any fo equally and fo amply aifeiled to them both/ « His third Motive was this, that if this Propofi-
~ * lion fliould be difappointed of it's due Succefs,
* being known, as il was, lb publickly to fo many
* Natrons, and the Eye of all the World in Expec- ' tatian of the Evem; if It fail'd, it would be im- ' puted either to his Folly, to propofe it, or to the
* Obflinacy of his People, not to approve It. For
* the three Heads of his Defire, he protefled, he
* wiflieii himfelf no lorger alive, but dead, if his
* Delires were not directed to the common Wealth
* of both Kingdoms ; which might appear to al! ' fuch, as did kindly and naturally examine and try
* the Reafons of his Defire, and did not prefer the
* Fear of future Apprchenfions before prefentTruths:
* And his Defire was no more, but of the fame Ef-J ' feit, which of himfelf he had Power to accom-
* plifh, wiihout the Parliament ; not that the/
* fbould perform it, but that they Ihould concur
* with him to the Pcrfeflion of it.' * For the three Heads, they were but thefc: The
' fi;ft, every Man would acknowledge, that there ' was now no Caufe of Hoftllity or War ; and
* therefore no Ciufe but that all Laws and Ordin- ' ances of Hoftility mi^ht be exiinguifhcd. The
* fccond was ibat which every Man mufl acknow-
* led^e to be commndious, and that which aJ! Na-
* tions in Amity and Peace, though foreign, and ' fiibjeft ID fcvfral Dominions, did admit and em-
* brace, Freedom of Commerce andTnffick. The « third is but that his Subjects may be adjudged to ' be his Subjefls ; and that thofe, that were bom
* his Subjei^s. before he was King of England^ may « h^.ve this Benefit, to be eftecmed his Subjedls, now
* he is King : And fincc tlicre is no Caufe to ac- « count them Aliens, but becaufe they were born
* under his Dommions, before he was King here ;
* now ibat he is King, m:iy be privileged, as thofe
* that are born under him, being their King. As
* for ScstUad iifclf [wherecjf was once made an
' Ob-
qr ENGLAND. j6j
Obieai*
iUni<
Aji. 4- Jsnm I. 1606.
t is content to embrace And therefore now let that, which hath been
* fought fo much, and fo long, and (o often, by ' Blood, and Fire, and by the 3ward, now it is
* brought and wrought by the Hand of God, be
* embraced and received with an Hallelujah ; and
* let it be as /f^aifs was, and as all the Heptarchy
* was, united to Engbnd^ as the Principal ; and let
* all at laft be compounded and united into one
* Kingdom, And fince the Crown, and the
* Scepter, Juftjce, and Law, and al], is rcfident ' and repoltd here ; there can be no Fear to
* this Nation, but that they fhall for ever continue
* continual Friends, and fhall ever acknowledge ' one Church, and one King ; and be joined in n
* perpetual Marriage, for the Peace and Profperity
* of both Nations, and for the Honour of iheir
* King.' * And fo concluded, that fithence Union was
* the very ElTcnce of Divinity, and the Staff of all
* Slates i was the Bond of Marriage, the Strength
* of Families, the Increafe of Kingdoms, and the ' KiTs of Enemies j let us all embrace ir, that we
* may all enjoy it. And ss the laft SelUon made ' Provifion for the State, and the Regiment^ and
* the Policy of \\m Kingdom ; let this, though
* the Labour be fafchious and troublcfcme, pro-
* vide for the Amplitude and the Union of both
* Kingdoms, to the Glory of God, and the
* Honour of the King.*
TTie Affair of the Union being thus warmly „ .- w. - preflcd by the King; it was purfued with great Vi- nj^ unkn, iji gour in bothHoufcs, throughout the whole CourreP'"f"''nce of the of Ibis Sclllon. The Houle of Lords began with *^"8'> Sp«ch. it on the fecond Day of their Meeting ; when, an Inftrumcnt for the Vn:on, ready drawn up,* by the Commiffioners of both Kingdoms, was produced t>v the Lord Chancellor, and read ; who. alfo, moved that the faid Inftrumen: might be fcnt down to the other Hoiife : Which was done accordingly i with this Meflage, ' That the laid Inftiument had L 2 bceci
An.
1606.
The TarliameWary Histort
been read in their Houfe; but, becaufe it concer- ned both Houftrs, it was fent down to be read there, in like Manner; to the Knd that they might be well informed of the Conieius before any fur- ther Proceedings were made/
The Commons did not return an Anfwcr till ibree Days after ; when they acquainted iheirLord- fliips, ' That the Inftrumcnt for the Umcn had been read, alfo, in their Houfe, and feverai Copies taken of i: i and that they now returned it back to the Lords, for fiich further Proceedings as they fhould chink fit.' On this the Lords fent another Mellage to them, importing, feme Commenda- tions for the Commons peruiing and taking Copies' of the faid Inftrumenti and defiring that another Conference might be held by the Comminioners of both Houfes. The Commons having returned a farisfaftory Anfwer to this laH: Mi:(i!tge, iheLordj chole forty of their Body for a Committee, who were appoiDted to meet with eighty of the other Houfe, on the 25th of November^ to trest about this grand Afjair.
The Inflrument for the l/»«« was read in the
Houfe of Commons Ncvembgr 21ft, and is enter-
of the Union ^^i ^^ length, in Xhcxxjournah; but is too tedious
read in ih* Houfe to be rccitcd. And, we thcraiher omit it, becaufe
01 CcinoKns. jhc Springs and Moiiom of this grand Machine
are more fuccindly defcribed in the Lords ycurnals ;
which, for Brevity's fake, we fhall, chiefiy follow,
in the Proceedings of this Seffion now btfore u*.
Two Days after the firft Conference, the Com- mons fent a MeOkge to the Lords» ' Commending the honourabje Uiage which the Lords Commif- fioners had given to their Committee at the Confe- rence. That the Propafiiion had been confidered of by their Houlc; and lince they held ihJs Mat- ter ro Bfe very gtcar and weighty, fo much, as to concern ihe Conjundtion of two Kingdoms, which had been long, heretofore, in Enmity ; they in- tended to fettle theDifputein four Points, which they took to be the Subftance of the Inftrument for the Vnisn.* Thcic Points weie,
I. Hoftile
1*ra»rdin£9 '.hereupon!
I I
I J
or E N G L A N D. i6s
1. Hoftile Laws* An. 4. Juoai.
2. Border Laws. '^«'
3. Naiuralizaiion.
4. Commerce.
« The firft two, chev faid, were Matters beft fit- ting their Lord&ips K.nowiedge, and propcrcr for the Higher Houfe to difcufe i being Affairs, more efpecially, of Policy and Stale. The other two they will take upon ihcmlclves to manage, as Things appertaining to the whole tJody of the Realm, and therefore fitccr for the Lower Houfe of Parliament.'
The Anrwer returned by the Lords to this laft MeHage of the Commons, on the Day after, was to this Effcft ; * That their Lordfhipa, h.iving con- Jidcrcd of their Mcfla^e, did fignify eo ihat Houfe, that they ihouijhl the Beginning and End of their jwnt Coramiitees, in this f/w^n-Affiir, was to inculcate and pcrfe^lan Uniformity in Confulta- cioD and Debase at iheir Conferences about ir, and which occafioned their Lordfhips 10 defire a Meet- ing- But, as yet, ihey found it had produced no- thing but a MclTage ; in which, as their Lordlhips Expectations were not aufwcred, confidcring with what Plainnefs and Freedom they had proceeded, fo they think ii improper to receive any Propofi- itons from them, before fuch Points were jointly fettled between them by whom ihcy were 10 be iiandlcd. For firft, they faid, every Member had an Equality of Intercft, in every Particular, rightly confidcrcd. Secondly, Their Lordfhips conceived it a kind of Diminution in Capacity of the Low- er Houfe, to think that any Thing is too great for them, or too little for the Lords: Efpecially, m what concerns eveiy Member of either Houfe» in his Perfon, in his Blood and Fortune. Ncverthe- Icfs, aIthoug;h the Lords ftUl remain difpoftd as be- fore, both for Love and Order, to ddire that mu- iu.ll Satisfaiflion wliich Conferences commonly work in Minds well affi^tedi yet, if the Com- mon', upon fecond Thoughts, do ftill miflike of Conference, iJieir Lordfhips, to lofc no Time, sre L 3 refoJved
i66 The Varllamentary Histort
A"'**vJj^'-refol7ed to proceed in their own Way without '*°^' them, and leave the Commons to follow their Courfe by themfelves.*
It is eafy to fee, by the Purport of this laft Mcf- fage, where the Remorav!3A that hindered the Pro* grefs of this intended Uniotty fo much defired by the King. The Lords, as they generally were, , feemed ready to compliment the Court ; but the Commons were not to be induced, fo eafiiy, to confent to this Innovation. However, they re- turned a civil Anfwer to the laft Meflage of the Lords; importing, * That they were forry their Lordfliips had miftaken their Meaning, and imagined they had refufed Conference, or had a Purpofe or Meaning to prefcribe and limit the Pro* ceedings of that Houfe. They defired their Lord- fliips to know, that they had no fuch Intention of either diminifliing the Liberty or Capacity of their own Houfe, or what is more, the Dignity of the Houfe of Lords. But that their Meaning was only, to offer that Motion of digefting and order- ing of the four principal Points, as they conceived, in the Inftrument of the Ufiion \ that their Lord- ihips might, if they pleafed, undertake two of them. But now, that they underftood their Lord- fliips Mind, by the laft MelTage, they defire to let them know, that they are willing to enter into Confideration of the whole Body of the Inftru- nienr, and debate the feveral Matters therein con- tained amongft themfelves, that they may be bet- ter prepared for a Conference, which they will then be ready to attend; and deiire their Lordfliips Concurrence with them/ Anfwer was immedi- ately returned, that the Lords are well fatisfied ^vith the Courfe the Commons had now prefcribed, 9nd defire they would proceed in it, as they them- felves intended, with ExpeJition.
Thv Lords went next upon regulating their own Committee :ts to their Mrmner o\ I'j^eaking, in the Debate, .^t the Con rcnce. They relaxed fomc Rules and Orders ufru w [he Houfe j as the Order (or fpeuking but oncc to a Bill, at one Time of
0/ E N G L A N D. 167
Reading, ^c. and left it open to any Lord to fpeak An. 4. jjnwi ] and deliver his Mind, upon any Point, as often as >*o6' he faw Occafion. It was alio agreed, thai all the Judges, or fuch of them as are cis.ly preicnt in the Houfc, (hall attend the Lords at their Ccnfc- rcnce, from Time to Time; to give their Opi- nions in any Point of Law.
Thefe Prelimnaricsheing fettled, the Conference between the Committees ot hoih H. ufts, on ihe Matter of t/w;M, began •, but no citar Acccui.t of it can be met with in ihe J surnuis of ekhpr Moiife, However, we find it continued lill Decm'^tf the iSih, when the Lords fent a Mellage to the Com- mons fignifying, ' That it was hia MajcftyV Plea- sure, that both Houies Oiould adjourn thcmfelves to the joth Day of February ciifurng.' Tht- I^ird Chancelloi: made a fhort Speech to the Lurds, * That it was hi3 Majcily's exprcfi Command to all the Lords, to appear and attend duly at the ntxt Meeting. And, whereas fevcral of them had been abfent this SefTion, by Licence from his Majefty, cither on account of Sickncfs or Bufmefs, his Meaning was, that they fhould give their Atten- dance as ibon as ever iheir Bufinefs was dilpatched, or their Health recovered.*
The "Jmrnet of the Commons ends this fhort SelIion> if it may be called one, in this Manner;
* Die Jovis tS' Decemhris 1606. ' Sir John Crook and Mr Dr. /faw bring this _, _ ,. ^eflagc from the Lords, That his MajcOy conH- iiJLoJd.""*"" dering the great Travel of the Knights, CiiiMna, and Burgelfes, Committees employed in Matter of the Unions and that the folcmn Keaft of Chrijien- mafi approaching, it were fit that ihe Gentlemen repaired into their fevcral Countries, to folacc ihcm- iielvcs, comfort their Neighbours, and perform other Duties in their feveral Places : Therefore, his Hig^nefs hath fignifieJ his Plaafure to be, thai lhi» Scllion fhouldbe adjourned. And becaufe this Bufi- nefs [ni[»,ht:be no Hmdrarce to the common Juftice ci the Realm, in the rcim-Time, his Majefty's
'Plea.-
Hm^
ii58 The Tarlimnentary History
T&4 ijmwi I. ^'"'^^^ ^^^ ^° adjourn it until the loth of Fe- 1606. bruary following^ being wilhin ihree Days of the End of the Term.*
* Upon this MeiTage Mr. Speaker adjourned the Court according to his Majefty's faid Pleafure.'
' Note: A Seifion adjourned, upon a Meflage from the Lords fignifying his Majcfty's Pleafure.'
' N6te: The Intcrraiflion of Adjournment Cft'll continued one and the fiimeSeflion) was one whoJe Month and twenty three Days.'
TheymKtagain '^^^ '^^^ ^^ Febyuary being come, the Parlia- ami rcfuma the' ment met again, and the fame Admonition for Conriij-rntioii of ftfiitt Attendance was given to the Lords, by ihe ij»e Umfln, Chancellor, as he ha-J it in Command from the King. On the i4lh ihe Lords fenca Meflage to the Commons to acquaint them, * That they had eniered into Confider-^iicn of thofe Things, which had already parted in Conference, concerning the Uithn. That ihc two Points, relating to H«ftth Laws and Comfneree^ liave been handled but not pcrfefted. Tbai the third Point, touching Naiu- ralizathny remained wholly to be treated of; which, being done, both Houfes might bericr con- fidcr what further Courfe may be taken for framing anJ proceeding in (-"nis, fit for the Purpofe- And therefore the Lords defire a new Conference on this Occafion.' Anfwer was Jmmediilelv returned by the Commons, that th?y agreed theteto; but, as the Puint of h'cturali%ation was not yet touched upon, iliey were not ready to treat ahoui iti and therefore dcfire ih« Lords to give them farther Time. .On the 22d of February^ the Lords re- ceived nnoihcr MciVagc Irom them, imi>oning, * That they were ready ro fpcak to one Part of the Point of Nafuralizaticu, wliich was, of fuch of the Scitth Narion as hjd been born J:ftcf his Majcfty came to the Crown- Accordingly, Fe- ^ruiity ii;e 24th was app<i^nted, by the Lords, ro begin the Cuntcience, anJ all ilic Judges ordered fO aitif^ud it.
Whn
0/ EN G L A N D. i6p
' What wc find this Ufiicn chiefly ftuck upon, by An. 4. jim»1 the Jmmals^ was the hit mentioned Point of A'd- «*=«• taraiizatien. And, on the very firft Day of ihis ftcond Conference, ihe Jud^ being required to give their Opinion concerning that Particular, ele- ven out of twelve of them declared* ' That I'uch of the Seotthy as have been or (h»ll be born in Scat- iandy Jinci his Majefty's coming to the Crown, were not AHens\ but, arc inheritable in this Realm by the Law, as it now Itands in Fcnxe, as Native Englijh.'
Several Reports were made in the Houfe of Lords, concerning this Conference, and divers MeiTages fcnt between the two Houlcs about it; but none of them of any ^eat Signification until the 3d of MarcK When, a MefTage was rentpif ^^ ^^^ from the Commons, in Writing, in Aniwcr to the iw* Houfe one the Lords had fent the Day before, in the fame^.-'Keauni the M»nner,ioprevcntMiftake5. Imponiiig, "'^^^^,^1^71^'^ whereas the Meflage from their liOrdfhips was for a further Conference on NaturalizatioH in general $ the Commons undcrftanding it to mean NaturaH- zatiott of the Ante-Nati and Pe/UNati, and of the Conveniency of it, with fuch Limitations and Rcftraints as mig^t be fit for both; they will enter into Conlideration of it in fuch Senle as they con- ceive it, and will prepare ihemiclres for Conference as foon as polTible.'
To this the Lords inft.intly replied, ' That their Meflage 10 the Commons was to confer on Nafu- ralization in gcrwral ; of which, what Expofillon Or Interpretation they fhall make, Uie X>ords do leave to their own Judgment and Conceits. That their Lordftiips arc ready now to confer with litem on the general Point ; and withal, the LQrds do move them and exped that the Commons will be expeditious in the Matcer.'
Affairs now began to grow a li[t!e warm between the two Houfc5, about the Bufinefs of the Unions whii.h fhewed the King very plainly, that his hopetjl Project was iti a fair Way of being eniire- \y quaOied. The Commans lent another MeHage
to
1 70 The Tarltamentary Histort
An*- Jj*s»i' to the Lords, the Day after the laft mentioned, '****' to ihisEffea; ' That they had entred intcCon- fideration of the Lords Reply to ihcir !aft Anfwer ; and do perceive that the Conftrudion and Under- ftanding of the Meflage is left to their own Judg- ments. Wherein, if their Lordfhips are to treat again of the Pojl-Natiy in what Sort rhey ftand in Law, the Mellengcr [Sir Edward Hobby] faid, he was commanded to tell them, that they all knew the Commons Opinton and Inclination in that Point ; and, fince thic Time, they had not feen, heard, nor undcrftood any thing, to the contrary, that might fecm to make them alter their Opinbn. If, of the Ante-N&ti and Conveniency of Natura- hzation^ they hold it to be a Matter of Siaie ; and jb it is fitter to have a Beginning in the Upper Houfe, who are he»ter acquainted with thcfe Af- fairs. Yel, notwithltanding, if the Lords were difpofed to deal freely wirh them, give Light and lay open ihemfclves, and make known in what Sort they mean 10 proceed, they will be ready to attend the Service.*
The Commons Meflengers were ordered to with- draw ; and (hortly after the Lords returned an An- Jwer, by MelTengcrs of their own, to this Import. ■That as the Strength of both Houfes confiflcd in nothing more, than the Prefervation of the Right and Privilege juftly and properly belonging to cither J fo, in that Refpedl, the Lords are y^Tj ten- der in (uilering any thing to pafs unanfwered where- of there may arife the lead Mifunderltanding. Therefore^ iiliho'jgh fome Words, delivered by the Gentleman appoinied to fpcak for the Lower Houfe, gave fome Offence, yet, all their LordHiips did conceive they were only a Lepfus Liftgute in his own Perfon, to which any Man may be lub- jc£t : Bui, being fpoken at that Time, and by a Ffribn qual tied ss their Moulh, the Lords did not ihink it fafc for them to conceal it from ibe Cc^m- mons ; for if it had been ciiicrwiie uken than the Gentleman's private A^ion, they muft have ufeJ that Freedom which is ncccUaty from cnc Friend
to
Of E N G L A N D. 171
to another, in telling them that they will never ***• ♦• j^"" '• acknowledge any Man, that fitteth in the Lower ' Houfe, to have the Right and Title of a Baron of Parliament. Though fome private Gentlemen, that fit as Burt^eflcs for Cinque-Porti, may have fuch an Appellation where they refide: No more could they admit the Term of the Commons Cwrt of Parliament; becaufe their whole Houfe, without the Lords, can make no Court of Judicature. But now, as to the Matter itfelf, having faid enough of the Miflake, the Lords added they were very forry to find fo much Rcfcrvaiion to- wards thoi'c that meant to ufe fo much Freedom ; their Lordfhips being fo well perfuadcd of the Com- mons good Affed^ions to the general Caufe as they were ; and are willing ftill to offer Conference, in general Terms, even on that particular Title of Niaturalization. Therefore, they thought fit for the prefeni, once again to declare thvw much unto them. That they have not hadamongft themfelvea any particular Deliberation, either in Point of Law or Convcniency, about this mturaiizing Affair; becaufc ihcy did intend lo meet the Commons, free from any Obligation by any Voice or Opinion, upon any fingic Branch of it, before they had in fome Meafure conferred of the whole ; according to the firft Inftitution of the Conference, as being ihe only Way to come to a good and fpeedy End. And, as their Mcflcngcr ufcd a Phrafeof their Re- iblution to attend the Service, the Lords declared \inlo iheni, that ihey underftand thai Expreflion, as a Proroife to confer as well as to hear what may be faid of the Mat;er ; left, when the Lords ex- pert a Conference, an Audience only may be offered. In which Confercnct- ihtrc can be no Difficulty, feeing 'hey come to debate rind argue without Cou- clufiun ; and no M:m's Thought can be fo great a Stiar^ger as not to det>ate the Matter, in fome Degree or other, 'lo wliich Intent, their Lord- ihJp would be ready to n.eet the Commons, if they fo like it, :H tht uii.! Place, on the 7th of March, at two ia ihe AUcrooou/
It
17^ TheTarliamenfary History
fti).4. Jamet I. ^^ ^^y ^^ Cuppofed the Commons fent a more 1606. complying Anfwcr to this lall Mclliigc of the Lords, (tbo* there is noihing entered in the Journals of Aliinb the 5th but this, viz. ' Mcflage Irom the Jvower Houfc by Mr. Mat tin and others./ For the Conference did bcg^n, on ihc 7ih, as the Lords de- fired. It was agreed at this Meeting, by the whole, that, to prevent Confulion, the Number of the Cuminitlce of each Houfe fliould be lelTened from forty Lords to twenty, and from eighty Com- moners to forty. Accordingly, we find that the Lords retluctd theirs to the Archbifliop of CanUr- bury and fix other BiQiops ; tiie Lord Chancel- lor aud Lurd rreamar, five Earls and fix BaroDs. ThcfeSub-Commitrees* it was fuppofed, were like- ly to bring Matters fooner to ^ Conclufion than the larger; but, it did not anfwer the Intention. For, j though tiiey had fen^ral Meetings, on many diffe-' rent Days, ye: nothing was done that tended any Way towards an Agreement- On the contrary, "Wc *ind that, on the 27ih of March^ the Lords icnt another complainini; Meflage to tlie Com- mons, importing, * That their Committee had ftrangely prevaricated with ihtm ; for that tho' , their [^ordfhips came with full Power and Pur- pole to dehver their Opinions openly, yet the Unexpet^ed Rcferva:ion of the Commons in hearing and not fpcaking to the Matter, had taken away the Life of the Intended Conference: Er- pecinlly confjdcring thar, inflead ^i a free and, open Debate between them, their LcrdChips had met with (uch a Diftinition, as did, in Effeii, clofc up all and crofs direitly tiic Purpote for which they were fent. And yer, out of their Defire that the Work may not fu5er InterrLiplion, by any Miftakings or too exaitl Forin.ihties ; ihe whole Hou(e, upon the Report of their Com- mittee to thern, have reftdveH en make this l.ir-,J ther Propofitiun: That if the Commons would" fend a Committee, aulhorif^d bo'h to hear their Propofiiiona and Realhns for foine Differettce between the Ptjl-uati and Lhc AnU-mtiy in Point
* Of
0/ E N G L A N D. 173
of Convcnicncy only, without Regard to any Aa.*. JhiwU Thing that hath or may be laid in Point of Law ; ' and to debate thereupon, by VVay of Argument only, as their Deputies should find Occafion, without concluding them or binding the Com- mons by any Thing fpoicen at that Time: Why then, the Lords laid, \o requite fuch free and infienuous Manmr of Conference, which they had ever ricfircd, they were ready to meer the other Committee again \ and open themfelves, by way of PropofiLion and Argument, in all thofe Points left untreated of.* Aniwery " That Ihc Commons would tend one, by tome of their own Houfe, as foon asconvcnienly they may.*
But no diiedt Anlwer was ever fent from the Commons to the Loids, on ihislaft Mefltige, that we can find s nor did the Committees meet again to confer on this Matter. However, the Com- mons did not wholly flight this grand Affair \ but, in order to give fomc Samfa^tion to the King in his ExpectalionB, a iJill ws^: brought in and pafled that Houfe, entituled, Au An /or tht uutr AboU' thn cf all AUmo'-y of Hff/iit::y^ and the DependanH therecf beturieji England rivd Scmland, ^md fcr ti)€ rcbrfhng the Ottahofi of Difcc^ds and Diferdsrs fsr^^^?*^'^'^^'
This Bill was lent up the Lordfi, on the oth ofEngUnd an) yitfff; it was read in that Houlfe a fecond rimej^"^"^* and committed on tlie 8th i the next Day the fiid Committee reported, • I h&t they had gone ihro* the Hill ; but, finding Ibme Caules of Doubt in it which they defired to be cleared, they moved, that another Conference might be had, by Com- mittees of both Houfes that Afternoon.* Anfwcr returned, *That the Commons will attend their Xordfhips to ibc Number oi one hundred of tticir Houfe.'
This fecond ConferetHre produced fame better Effeft than the former. Some Additions and A- mendmenis were added, by Conient of both Houfes, to the Bill : Jufi* the 30lh it was palled
bf
1 74 ne Tarlsamentary History
An. 4. James I, ^7 ^^^ Lords; and this Ad flands the firft, in our 1606, Statute Books, amODgft ihc printed Statutes of this Year.
We have now gone thro* the Proceedings of the Parliament, on this Affair of the Urtion, in- what the Journals of the Lords will inllrudt us - about it. But the Jmmah of the Comrmns are " much more circuralbntial in the Debates of their Mcmhets on this grand Article ; which we fhall draw out as concifely as the Nature of the Thing, to make it iiitellLgible,.will bear,
Befides infening the lnjlrume*it^ at full Lengthy agreed on, figned and fealed by thirty-nine EngUJb and twenty-eight 5fp«//Z) Commiflionersj certairf Notes or Memorandums, were read, containing the Ground-Work of their Proceedings in this Affair in the hftSeflJon. We fliall omit all thefe, and content ouifelves. and we hope our Readers, with giving the Subflance of each particular Mem- ber's Arguments for and againft this great Que- ftion. Which, with what has gone before, may well make up the whole Sum of the Bufinefs.
February 14th, Mr. Puller firft began the Dif- pule againft a General Naturalizaticn -, he argued * That God had made People fit for every Coun- teBitt in ihc try ; feme for a cold lome fur a hotClJmale; and CammoiK nnt[ie(hofe fevcfal Countries he hath adapted to their tlaiLn. """"'everal Natures and QuaJities. As all Grounds are not tit for one Kind of Grain i but feme for Oais, fome for Wheat, fcT-r. Suppofe one Man is Owner of two Paltures, -with one Hedge to divide them ; the one Pafture bare, the other fer- tile and good. A wile Owner will not quite pull down the Hedge, but make Gates to let the Cattle in and out atPlcafure; othcrwile they will rufh in in Multitudes, and much againft tiieir Will re- turn. That the Unicn was no more than as two Arms of one HoJy. But before they be admitted, it If pro[-«r to confider what Place and Room we have for them. Look into the UniverfiticSf there you will iind many of our own, very* worthy Men, not prefen*cd. In Londmy fee what the
But
0/ E N G L A N D. lys
Bill of Inmates doth provide for ; and remember An, ^. james I,
what was opened to the Houfc on the Reading of i6e*.
that Bill. Amongft the Mercliants, though they
labour, toil and provide all ihcy can; yet they
Iiave had no Fruits, no Succcfs thefe three Years.
Our EngliJIi Merchants adventure; they go to Sea
with great Vefleb, freighted at a great Charge ; the
other with little Veflcis at a fmall Charge. The
Siotih carry their Wares in other Countries up and
down in Packs ; and. by thcfe Means, have taken
away all the Tr:uie from Diep already. Our
Traders arc too many already » and there arc Im-v
pofitions upon the Engljh from which the Siotcb
arc difcharged. The Navy of Smh/id is fo weak
as to be in Miferuordiam to evtxy mean Force. .
He added, that the Care of a Sovereign Prince, is, ibal his Subjefts live under him, httepe, tui^, paci- Jiu it /ticufide. That Country is mifcrable, where the great Men are exceeding rich, the poor Men exceeding poor ; and no Mean, no Proportion, between both. — Tenants of two Manors ; whereof the one hath Woods, Fifheries, Lifierties, Com- mon of Eitovcrs, Wf. The other a b^re Common, wihout Profit ; only a little Turf, or the hke. The Owner maketh a Grant, that the Tenants of this fhall be Parricipants of the Profits, t^c. of the former* This beareth fome Shew of Equity ; but is plain Wrong and the Grant void. The King cannot make a tingle Village in one, to be Parcel of another County. He cannot make a Parcel of one Kingdom Parcel of another, being diHindt Kingdoms. Law is the Happinefs of our Go- vcrnmeni. ComminioTis arc of abfoluie Power, and occaCon abfolute Wrong. The King can da what he may do by his Legal Power. In the 13th o( Henry IV. an Office ot mcafuring Cloih waa granted, with a Fee impolcd j but it was found unjuft and adjudged void. So it was in Sir Edwaid Daruy*^ Cafe for fealing of Cards. The King's Oath, by Magna Charta^ is not to adl againft Law. A ProteCiion granted by the King for three Years was not good i for one he may. If King
Philip
1^6 The Tarliatnentary History
All. 4- Jama I. Philip oi Spain had had a Son by Queen A/afy, he '*'^^' Would have been King of Spain^ Sici/y, ^c, was it proper to rwturnUze tholc Sxibje£ls r It cannot be good to mingle two Swartiis of Bees under one Hive, on the ludden. When the Jewi were in Captivity, and were moved to Mirth and fing Songs, they could not forget Jerufakm \ Let their Right Hufid fsrgit their hefl^ ^i. And when Mraham and Let were brethren ; Mraham iaid, G(t th^u to the Right Hmd and I will go to Ibe Left, tifc. So they divided, and either took that Part which was fiticft for him.
This Speech was followed by Mr. JVefitii/ortb and Mr. Meere \ the main Points of whofe Argu- ments were. That England and SatUnd were una et alia RefpubH<a ; Scotland, aliena Refpubiica, They acknowledge no Crown, no King, no So- vereignty but Saulandi we none but that of En£-' land. No Alteratioii being made by the King's
coming hither- Rememberw}, that the King
/ard in a Speech, reported from him to theHoufe, rhis Seflion, * I would be loath to live to fee the King of Scotland 6.0 Wron? to the King of Eng^ land.' The King is feized, in Jure Ctrentet Scorise ; ct in Jure Csrona, Anglic. If there be two Regalities, how one Kingftiip ? heland was fubdued by Conqueft, by Henry 11. and they have ever fincc been natural born Subjects. If we think the Law lo be one Way, noi lo declare it another. Laftly, if we n:ituralize them, -it is neceflary to have mmy Cautions ; Cautions fnr Eccicfiaftical PrGm<?tions ; Cautions for our Lands and for our Trades. All thefe lo be well conlidered of by a Committee.
On the other Side, Sir Frmai Bacon, Solicitor- General, fpoke ; and began with a Rcqueft, Ut turn Calcuiis Suff'ragierum futnmt Magnanimitatem Reipubiica\ and not think, altogether on their own private States and Conditions. Put offprK vaie Confiderations, and raife their Thoughts to the puMick State. That ihcre were feveral Degrees of Good and of £vU$ Wifdom to avoid the worft
of
0/ E N G L A N D. 177
of Evils, if not to aitain the bell of Good. The An. 4. James u
main Objections againft the Unisn urged were, AV
/brt^ fitffitiat yobis et Nsbn. That Abraham and
Let, when their Families grew great, divided.
This had been been belter not quoted, if we take
with it the Mifchiefs which enfued by rhe Divifion.
Fot the Argument of two Paftures, i^c, there is
great Difference between Men and Beafls. Cattle
prcfcntly feed; take their Bite prefently; but Men
.uft have Stock, Means, Acquaintance, Time of
ittling, t^{. In this Spring-Time of the King's
tortiing, how many Families planted? It is faid
ihcy arc poor \ Mcti will (hew their Poverty at
Home rather than in a foreign Country. There
i» no evident Token of Surcharge of People in this
K-iogdom; there are m:iny great Waftcs, furroun-
ded Grounds, Fiflieries, &£. unoccupied. But,
if wc be pent up clofe in Englind, there is Room
cnoigh Abroad; wimefs Jrtianiy Virginiay and
other foreign Plantations/
* Take away, adds our Orator, this Note, or Mark, of Foreigners, and our Laws will, come upon them unawares. It is not a Conqueft, but like Water into our Witic, a Commixture j and Oiall we not now be fenlible that we have it by a
cheaper Mean? He urged the Example oi
feveral foreign KingdomsandStatcsj but the Notes arefo Oiorr, in the 'Journah^ as to be unintelli- gible. He concluded with faying. That the
5ff/rt}?j Subjedtwos bound to defend us, light for us if rhcre was an Invafioni or, if at War, with any Nation. That England and Scotland united. Ire- /and reduced, the Low-Countries contraf^ed, and our Shipping maintained. Shipping a voluble Mo- narchy, wc ihall be the greateft Empire that hath been heard on in many Ages. Wc {ball purchaii: SuretVi Glory, GrcatneJs, though not Wealth. But, if there be no further Union^ by Naturaliza^ tiorti the Nature of Things do:h bear that thele Kingdoms muft break. 1 hercfore, let us not ftaud upon Piuanccs and Reckonings, but come to the Point.' Vot. V, M ThfA
i£o6.
tT.
178 The Parliamentary History
An. 4. jam« I, Thefe were all, or moft of the Arguments, ufcd i«o6. on both Sides, in this Day's Debate; and we flull take Notice of no more, being lufficient 10 fhew ihe Temper of both Court and Country Party, in the Houfe, on ihe Subjed of xhcVnion. We can- » not, howtver, avoid giving ihs Cafe of one Mem-
ber who was punifiied, by hisBreihren, for letting his Tongue run too far in Iiivcftivcs agairit the Scstti/b Nation, in one of the Days of Dtbate. Sir chriflopher Thls was Sir Chrijiopher Pigot, Kt. one of the J^^/^^*^'"" Knights for the County of Bueh, (e) who when fome MsRwandumi about the Union were offered to be read, and a Dilpute arofe, whether all ai once or lepnrately, this Knight, with a loud Voice, and rot liandiiiK up wiih his H.itoff, as the Order is> preflcd to have ihem read generally, concurring in this wlih the Opinion of fevefiil others. But the Houfe chterving his Manner of fitting and calling, for Order*s fike, urged him to ftand up and fpeaic, if he was dcfirous to make known his Opinion. Upon which he arofe, and pretending, at firft^ to deliver fome Reafons wliy he prelled ihe Reading of the Rcniembr^nccs, generally i he, afterwards, entered inio aBye-Matit*r of Inveitives aji,aina the Scots and 5fitf/yft Naiioui ufmg many Words of Scandal and Obloquy. ilNbefeeming fuch an Au- dience, and not reninent to the Matter in Hand. • Aj, I,et us not join Murderer?, Thieves, and Ihe Toguilh Sioti with the well-deltrving S£9ts. As much Oifferrnce between them as between a Judtze and a XlwU He would (peak his Con- fcience without Flattery of any Creature what- foever. They h-.ivc- not fuffcred abave two Kings to die in tht-ir Bcds» thefe two hundred Years. Our King hath hardly efcapcd them; they have attempted hun. Now he is come from amongft. them, let us free him from fuch Attempts hcre-r, after, f^t." (f) The Houfe, we are informed, were fo amazed at this Speech that they flood flaring at
one
C r ] He was cIcAed unon the Vacancy (Kc:i&i)ncd hj 3tr Frttneit C«g^«;:Vt Reftgraricii— ■—Sec before, p. 84.
(/J DiMriuM Din, Cm*
0/ E N G L A N D. 17^
one anoiher, ard took no Notice of it for that ^n. 4. jonm i. Tioje, but let it pafa wiihout lax or Ccnfurc» ifi-aS.
Ic was noi till three Day* afierwards, ihat ihc Hoafe bethought thcmfclvcs of this inlcleni Speech; when the Words of Offence contained in it, were particularly recited. But ihis lecms 10 have been /purred up by a Mcdiige from the King, who laid,
* He did much miilikc zud tax the Ncgle^ of the ^!f,^ 'l''?'"'*^
* Houlc ; in that the Speech was not mierrupred in the Houie.
* ihe Inftant, and the Parly conimitied before ii be-
* came public, and 10 his Highncfs's Kar.* In Ex- cufe of this, it was answered, * That Levis k- ^unSurCura^ ingentes Jlupunt \ and thatitleeraed 10 fall within that Cafe, wlicrcin Sdomsn's Coun- (cl was, Nfit to gke an Anfwer ; but that the Dil- like appeared, evidctuiy, by the mcvjium Silentium^ which then was found in the Hoale.' It was moved, Thai Sir Chrijispha- might be fent for, which was immediately done by the Serjeant, witli his Mace.
Il fecms pretty plain, that the Commons Refcnt- ment of their Brother's ill Language was occaficn- ed by thb Mcflagc Irom the King ; but, after all, they knew not which Way to cenfurc him for it: Freedom of Speech, in their Houfc, was ever a darling Privilege; and, after the Serjeant was gone for the Offender, m^ny Motions and Queftions cn- fued upon it. Tiie Prifoncr being fet to the Bar, laboured to explain the Words ullered by him ; and to clear himfelf from Malice and Difloyahy. Which the Houfe did not much regard j but, being commanded out, ihey debated what Punifhment they ihould fix \ijKin him. The Tower was iirft named, and, alfo, a Difmiflion from his Place in the Houfe. Much Difpute arofe about this laft Affair; at length being agreed, the Offender was Called in again, and kneeling, the Speaker pronoun- ced this Judgment upon him, viz. * Thai fince tiis Offence was fo apparently lieinous, the Houfe did not huid it fit that any Particulars fhould btr named, or to give a Realbn for their Judgment ; bw ibeir Order was, That he fhould be carried la Ma the
ISO '£be rarJ/amentary Histort
"a*. 4. >mtt I. ^^^ Pril'on of the Tower^ there to remain during
16*6, 'the Pleafure of the Houfe : That he fliould be
difmvflcd from his Place of Knigjit of the Shire for
Bitch ; and a Writ iflued out for a new Choice/
Accordingly his Warrant for Ccrmmittment, and a
wv - u â– new Writ, were made out. theForm of both which
eommiued to »re entered m ihe Joitrnals.
thtT^ww, lad After the Prifoiier had remained fome Time in
txitWA. ^^ Tower; he fent a Leiter to a Rehiion of his, a Member of the fame Houfe, complaining of his ill State of Health, occafioned by his Confine- ment; and beg'd of him to intcrceed with the Com- mons for his Releafe. MuchDifpule arofe, about ibc Manner of hb Enlareementj and whether \hty oughi to acquaint the King with it \ much Fear vas had about their Privileges, becaule he was committed by an exprefs Order of the Houfe. At laft, the Speaker undertook this Matter with the King; and the next Day reported this MefTage ftum his Majefty about it.
* That he had taken Notice of the Motion and Petition* made In the Houfe, for tbeReleafement of Sir Chrl/hpler Pi^stt^ and faid, * That out of an
* ill Caufe there might grow a good Effedl. That ' the Speech vas Very rafh and unadvifed at the ' firft, and that the Siicnce oi the Houfe might ' have bred Ibme ill Conceit ; but his Majefty is far
* from Opinion, that it received AUowaince from '. any Mfinbcr ia the Houfe, ioLerpfeting, always*
* thai the Caufe of their Forbearance was, left it ' might be any Interruption to the Bufinefa in
* Hand.
* But fmce, he is more abfolutely falisfied with
* ihctr Carriage: i. In that they have not charged ' him with Particulars, but have put the Words in ' Oblivion, z. That they have proceeded a-
* gainil him to ihe Height of Jufticc, 3. Thai
* ihey have not been willing to proceed with his
* Eulaigemtnt, until he might talte Notice of it.
* Tiiai, 39 in Ihe laft Seflion, he had taken true
* Heart's Content, in the Manner of granting ihc t Subjidy, and for that did think them wcll-defcr-
* YlDg
\
0/ E N G L A N D. 181
* ving his Thanke ; fo, in this unhappy Bufinefs, As. j. itmcji,
* it plcafeth him fo well, that he again returns '^' ' ihcm Thanks for it.
* For the Motion, as at the firfl, he conceived,
* they proceeded to his Punifliment with great
* Judgment ; fo, will he not now allumc to him-
* felf any Power, but leave it lo the fame Judg-
* ment for Mercy i and, if they think good, wiih-
* eih he may be freed from the Prifon, and dilpofe
« himfelf in fome filter Place for his Health.' ^t T VXe
After this was heard, a Motion cnfued. That aSut'i,^ Sir Chriflsphtr might be reftoTcd to his Place in the Houfe again; which was not aflcnted to; but, it was prelently ordered that he fliould be enlarged, and a Warrant was direfted to the Lieutenant of the Tffwer for that Purpofe.
During thefe ContelU in the Lower Houfc, the King took al! pofllble Pains, by Mcflages, &c. to keep them together and make them uniform. Many o* the Members had flip'd into the Country, or negiefied the Service, as difliking the Bufinefs they were upon. A Call of ihc Houfc was there- fore ordered ; but before that happened, the King called both Houfcs before him, to IVbitehally Mar£h 31, in order to reconcile their Diflcrenccs, and ^ke to them as follows ;
Aij Isrds of the M'gher Hmfe, and ycu Knights and Eurgtjjes sf the Lower Houfe :
ALL Men, at the Beginning of a Feaft, The Kwg'i bring for.h pood W,ne firft, and after ^.f.-^t f^ itTft- worfe : This was ihc Saying of the Governor emnj ihcUnioa. of the Fcafl at Carja in Galils, where Cl'r:J wrought his firft Miracle, by changing Water into Wine; but in this Cale now, whereof I am 10 fpcak unto you, I niuft follow that Go- vernor's Rule, and not Chti/Vs Example, in gi- ving you the worft and foureft Wine laft. For all the Time of this long Sef&on of the Parlia- nunr, you have been fo fed and cloyed (fpecially rou of the Lower Houie) with fuch Biinqucts, ^nd Ciioicc of delicate Speeches, and your Ears
M3
fo
An* 5> Jama I
1 82 The Tarliamentary Histort
fo feafoned with the Sweetnefs of longprecogi- tate Orations, as this my Speech, now in the breaking-up of this Aflemhl^, cannot but appear unto your Tafte, as the worft Wine, propofed in the ^nd of the Banquet ; fince I am only to deliver now unto you Matter, without curious Form ; Subftance, without Ceremony ; Truth, in all Sincerity. Yet, confidering the Perfon, that fpeakelh ; the Parties, to whom I fpeak ; the Matter, whereof I mean to fpeak ; it jits better to utter Matter, rather than Words j in regard of the Greatnefs of my Place, who am to fpeak to you ; the Gravity of you the Au- ditory, which is the High Court of Parliament ; the Weight of the Matter, which concerns the Security and Eftablifliment of this whole Empire, and little World. Studied Orations, and much Eloquence upon little Matter, is fit for the Uni- verfities ; where not iheSubjed, that isfpoken of, but the Trial of his Wit, that fpcakcth, is moft commendable ■* But, on the contrary, in all great Councils of Parliaments, feweft Words, with inoft Matter, do becorne belt ; where the Difpatch of the great Krrands in Hand, and not the Praifc (g)^ of the Perfon, is moft to be looked unto j like the Garment of a chafte Woman, who is only fer forth by her natural Beauty, which is properly her own; other Deckings are but Enfigns of an Harlot, that flies with borrowed Feathers. And befidestheConveniency,! am forced hereunto by Neceffity, my Place calling me to Aftion, and not leaving me to the Liberty of Contemplation % having always my Thoughts bufied with the publick Care of you all i where every one of you, having but himfelf, and his own private, to think of, are at more Leifure to make ftudied Speeche«i. And therefore the Matter, which £ deliver you confufedly, as in a Sackt I leave it 10 you, when you are in your Chambers, and have better Leifure, than I can have, to rank them in Order, every one in their own Place.
(^J Pray J ti the OrigiajU
or E N G L A ND. 183
* Thus much by way of Preface: Bm Ipro-^„ . jameii.
* cecd to the Matter: Whereof 1 might lay, with ' 1607.
* St. Paul, I could fpeak in as muny Totiiiucs, as
* you all ; but I had rather fpc.>k three WorJs to ' Edification, than talk a Day with'>ut Under-
* ftanding. In vain ffailh the Plalmift) doth the
* Builder build the Houfe, or the Watchman watch ' the City, unlefe the Lord give his I'.lefling there-
* unto : And, in the New Teftament, St. Paui
* iaith, that he may phnt, jfpo/Ios may water; â– but it is God only that muft give the Iticreafe.
* This I rpeak, beaufe of the long Time, which ' hath been fpent about the T'reaiy of the Uni-in. ' For myfclf, I pro-eft unio you all, when I fi;ft ' propounded the Union, I then thought there
* cotjld have been no more Queftion of iti than
* of your Declaration and Acknowledgment of
* my Right unto this Crown ; and thai, as two ' Twins, they would have grown up together. ' The Error was my Miftaking: iknew mmet-wn
* End, but not others Fears. But now {h J fii iding
* many CroOes, long Difpucations, ftraiige Quef-
* tions, and nothing done ; I muft needs ihink it
* proceeds, either of Miftakingof the Errand, or
* elfc from fome Jeaioufy of me the Propoundcr,
* that you fo add Delay unto Delay ; f.archJng out,
* as it were, the very Bowels ofCuriofity, and con- ' dude nothing. Neither can I condemn you, for
* beingyetin fome Jealuufy of my Intention in this
* Matter; having not yethad fo great Experience of ' my Behaviour and Inclination, inthefe few Years ' pail, as you may pendventurc have in a longer
* Time hereafter i and not having Occafion 10 ' confuli daily with myfelf, and hear mine own O-
* pinion in all thofe Particulars, which are debated
* among you. But here, I pray you now, miftake
* me not at the firft, when as I leem to find fauic ' with your Delays and Curiofity, as if I would
* have you to refolve, in an Hoar's Time, that,
* which will take a Month's Ad vifemcnt: For you
* all know, that Rex'efi Lex hguens ; and you have
* oft
f«j Not, ie Or^.
\
184 The Tarltamentary History
'An. S' J»ow> 1.' ^^^ \\^x^ me fay, that the King's Will and In- 1607. f lention, being the fpeaking Law, ought 10 bo
* Luce efarius : And I hope you of the Lower
* Hoqfc have the Proof of this my Clearnefs, by
* a Bill knt you down from the Upper Houl'e
* within the(e few Days, or raiher few Hours ;
* wherein may very well appear unto you the
* Gire I have, to put my Subjects in a good Se- ' curjiy of their Polfeifions for all Polterities to ' come. And therefore, ihat you may clearly
* undcrlbnd my Meaning in that Point, I do free-
* ly confcls, you had Rcafon to advife at Leiiure
* upon fa great a Caufe ; for great Matters do ever ' require great Dellberaiion, before they be well
* concluded : DAibnafidum ij\ diUj fund jlatuen-
* dum efl feiml, ConfuUalions muil proceed knta ^ Pedes but the Execution of a Sentence, upon
.♦ the RL'foluiion, would be fpeedy. If you will
* go on, it matters not, though you ij;o with ^ leaden Feet, fo you make ftill ibme Progrcts,
* and that there b? no Lett, nor needlefs Delay ;
* and do not Nadum in Sdipa ^uarere. I am ever ' for the Medium in every Thing. Between
* foolini Rafhnefs, and extreme Length, there
* is a middle Way. Search a!l thai is r^afon-ible ;
< bur omi: that, which i3 idle, v'urious, and uu- ' necefiary j otherwife there can never be a Re* f folution or End in any good Work.
' And now from the General \ will defcend to
* the Particulars \ and will, only for the Eafe of *â– your Memories, divide the Maiier, that 1 am
< to fpeak of, into four Heads ; by opening unto 'â– â– you, f'iift, what I crave; Secondly, in what
* Manner 1 defire it : Thirdly, what Commo- ^ diiies will enfue to botli ih^ Kingdoms by it ;
* Fourthly, what the fuppofed Iiiconveniency
* niAV be, (hit gives Impediments thereunto. * For the firft, what 1 crave i I protelV before
y God, who know> my He;uE, and to you my « People, before whom it Wtrc a Shame to lye, ^ thai I claim nothing;, bui with Ackno^viedg-
< ffi^m of my Bond to you i thatj as ye owe to
0/ E N G L A N D. 185
' me Subjeflion and Obedience, fo my Soverc^n- ^a. $• Jama i.
* ty obligeth me to yield, to your Love, Go- 1*07,
* vernment and Proteftion : Neither did I ever
* 'wifli any Happinefs to myfelf, which was not
* conjoined with the Happinefs of my People. ' I delire a perfect Union of Laws and Perfons, ' and fuch a Naturalizing, as may make one Bu-
* dy of both Kingdoms, under me your King ;
* that I, and my Poftcrity { if it fo pleafe God )
* may rule over you to the World's End ; fuch
* an Union, as was of the Scffts and Pi^s in Scot- ' kndt and of the Hfptarthy here in England,
* And for Scotland^ I avow fuch an Union, as if
* you had got it by Conqueft ; but fuch a Con-
* qucft, as may be cemented by Love, the only
* mre Bond of SubjeAion or Friendfhip : That
* as there is over both but unus Rex j fo there may
* be in both but unus Grex, et una Lex : For no ' more poflible is it for one King to govern two
* Countries contiguous, the one a greater, the ' other a lefs ; a richer, and a poorer ; the greater
* drawing, like an Adamant, the lefler to the
* Cpmmodities thereof ; than fot one Head to go* ' vern (wo Bodies, or one Man to be Hufband
* of two Wives ; whereof Chriji himfelf faid, ^ A^ Initio mn fuit fic,
' But in the general Union you muft obfirrve
* two Things : For I will difcovcr my Thoi^ts f plainly unto you : I ftudy Clearnefs, not Clo- ^ quence ; and therefore, with the old Philofo-
* pher, I would heartily wi£h, my Breaft were
* a tranfparent Glais, for you all to fee through, ^ that you might look into my Heart, and then
* would you be faiLiiied of my Meaning. For ' when I fpeak of a perfcfl Upion, I mean not
* Confiifion oif all Things : You muft not lake > from Scotland ihofe particular Privileges, that
* may ftaiid as well with ihis Union, as in Eng- ^ Und many particular Cufloms, in particular
* Shires (as the Cufloms of Kent, and the Royal-
* ties of the County Palatine of Ckejler) do with
* th? Copunon-Law of the Kingdom : Fur every
* parucula;
Aa. 5- hmet I.
iS6 TbeTarl'mmentary Histort
particular Shire almod, and much more every Country, have fomc pirtTcuIar Cuftom?, tha: are, as ii were, naiarnlly moft (it for tliat Peo- ple : But I m«in of fuch a general Union of Laws, as may reduce ihe whole Ifland ; that, as they live already under one Monarch, To they may all be governed by one Law : For I muft r>ecds confcls, hy that little Experience I hare had fincc my Coming hither, and I think I am able 10 prove it, that the Grow.ids of the Com-' men Lau' o^EffghpizTt the heft of any Law in The WcirH, cilher Civil or Municipal, and the fitreft for this i'tople. Rut as every Lnw would be clear, and full ; fo the OSfcurity in feme points of this our written Liw, and Want of Fulncfs in others, the Variarion of Cales, and Mens Curiofity, breeding every Day new Quef- tions, hath enforced rhe Judges to judge, in nnny Cafes here, by Cales and Precedents ; wherein, I hope, Lawyers themfelres will not deny» but that there muft be a great Uncer- tainty i ind \ am fare all the reft of you, that are Gentlemen of other Profcflions, were long ago weary of it, it you could have had it a- mended : For where there is Variety, and Un- certainty, alihough a juft Judge may do rightly, yet an il! Judge mxy take Advantage to do Wrong J and then are all honeft Men, that fuc- cced him, tied, in a Manner, to his unjuft and partial Concjufions. Wherefore leave not ihe Law to the Ple^ifure of the Judge, but let your Laws be Ktokcd into : For I defire not the abo- iifhing of the Laws, but only the clearing and the fweeping of the Ruft of them ; and that by Parliament our Laws might be cleared, and made known to all the Stibjeifls. Yea rather, it were lefe Hurt, that all the approved Cafcs were fctdown, and allowed by Paaliamem, for ft.inding L^ws in all Time to come : For al- though fome of tbem, peradventure," may be unjuft, as fer down by corrupt Juda;cs j yet belter it is- to have a certain Law, with fome
* Spot*
0/ E N G L A N D. 187
Spots in it, nor live under fuch an uncertain and y^„, j, jm^j, i
arbitVary Law ; fince, as the Proverb is, /• // lifi ' Harm to fuff'er an Incmvcmence^ than a Mifcfnef^
* And now may you h.ive fair Occafionsof amend- ' ingand polifhing your Laws* when 5ftf//tfni< is to
* be united with you under them : For who can ' blame Sfo^/ijj/rf, to fay. If you will take away our
* own Laws, I pray you give us a better and clearer
* in Place thereof. But this is not poflible to be
* done, without a fit Preparation. He that buil- ' dcih a Ship, muft tirft provide theTimbcr \ and,
* asCi!'ryyhtmfelffAid,NoManwillbuildanHouic, ' but he will firft provide the Materials ; nor a wife
* King will not make War againft another, witb- ' Mt he firft make Provifion of Money : And ' all great Works muft have their Prepaiation ;
* and that was my End, in caufing the Inftru-
* ment of the Union to be made. Union is a ' Marriage : Would he not be thought abfurd,
* that, furthering of a Marriage between two
* Friends of his, would make his firit Moiion to
* have the two Parties be laid in Bed t<^ether, and ' perform the other Turns of Marriage ? Mull
* there not precede (/) rhe mutual Sight aud Ac-
* quaiDiainccbf the Parties one with another i the
* Conditions of the Contraft, and Jointure, to
* be talked of, an-1 agreed upon, by tlicir Friends ; *â– and fuch oiher Things, as in Order ought to go
* b«fore the Ending of fuch a Work ? The Un- ' ion is an c'ernal Agreement and Reconciliation f of many long, hloody Wars, that have been
* betweeri thefe two ancient Kingdoms. It is
* the rcailieft Way to agree a private Q^iarrel
* between two, to bring them, at the firft, to
* fbake Kjnd.t, and, as it were, kifs oiher, and
* lie under one Roof, or rather in one Bed, to- ^ geihcr, before that firft the Ground of their
* Quarrel be communed upon, their Minds miti-
* Mtcd, their AfTciftions prepared, and all other « Circumftances firft ufeJ, that ought to be ufed, f to proceed to ftich a final Agreement- Every
' honel^
j4o7.
i88 ne 'Parliamentary HisrroKT
An. 5' Jawesi.* honcft Man defireth a perfeft Union ; but they ifio;, f that they fay fo, and admit no Preparation there-
* to, have Mei in Ort, Fel in Corde. If after
* your lb long Talk of Union, in all this long
* Seffion of Parliament, ye rife, without agree-.
* ing upon any Particular ; what will the Neigh-r
* hour Princes judge, whofe Eyes are all fixed
* upon the Conclufion of this A£tion, but that
* the King is refufed in bis Defirc i whereby the
* Nation Ihould be taxed, and the King difgraced ?
* And what an ill Preparation is it for the Minds
* of Scotland toward the Union, when they (hall
* hear, that 111 is fpoken of thetr whole Nation i
* but nothbg is done nor advanced in ilie Matter;
* of the Uaion ilfeU^? But this, I am glad, wa«
* but the Fault of one i and one is no Number :
* Yet have your Neighbours of Scotland this Ad^ ' vantage of you> thai none of them hath fpoken *â– ill of you (nor (hall, as long as I am King) in
* Parliament, or any fuch publick Place of Judi-
* caiure. Confider therefore well, if the Mindg S of Scotland had not need to be well prepared, to ' periliade their mutual Confent, feeing you here
* have all the great Advantage by the Union : I5
* not here the perfonal Relidence of the King i
* his whole Court, and Family ? Is not here the
* Seat of Juftice, and the Fountain of Govem-
* ment I Muft they not be fubjeded to the Laws
* of England, and fo, with Time, become but ■as Cumberland, and Northu^berbndy and tbofQ « other remote and Northern Shires ? You are.
* to be the Hufband, they the Wife ; yon Con-.
* querors, they as conquered ; though not by the
* Sword, but By the fweel and fure Bond of Love ;
* Befides that they, as other Northern Countries,
* will be (eldom feen and faluted by their Kii>g ^
* and that, as it v/ete, but in a pofting or hunt-
* ing Journey.*
* How little Caufe then they may have of fticK ' a Change of fo ancient a Monarchy into the;
* Cafe of private Shires, judge rightly herein j *• %nd| that you may be the mure upright Judg^,
* fuppife
0/ E N G L A N D. 1S5,
* fuppofe yourfclves the Patients, of whom fuch An. 5. jima?
* Scnccncc (hould be given- But what Prepara- 1607,
* lion is it which I crave? Only fuch, as, by
* the Entrance, may thcw fomcthjng is donci
* yet more is intended. '
* There is a Conceit entertained, and a double
* Jealoufy poirclfcth many, wherein I am mif- ' judg:ed ; firft, that this Union will he the Crifis
* to the Overthrow of England, and Setting up of
* Seothnd : England will be then overwhelmed
* by the fwarming of the Scoti^ who, if ihe
* Union were affe^ed, would reign, and rule
* all. The fecond is my profufe Liberality to the
* Scotlijhmen^ mote than the Englijh ; and that,
* with [his Union, all Things fhall be given to
* them, and you turned out of all ; To you fhall
* be left the Sweat, and Labour ; to them fhall
* be given the Fruit, and Sweet : And that ray ' Forbearance is but till this Union may be ' gained/
* How agreeable this is to the 7'ruth, judge ' you i and that, not by my Word, but by my
* Actions. Dol crave the Union, without Ex-
* ceptions ? Do 1 not offer to bind myfclf, and
* to referve to you, as in the Jnftrument, all
* Places of Judicature ? Do I intend any Tiling, ' which ftandeth not wiih the equal Good of
* both Nations ? I could then have done it, and
* not fpoken of it ; for all Men of Underftand-
* ing muft agree, that I might difpofe, without
* Ancnt of rarliament, Offices of Judicature,
* and others, both Ecclefiaftical and Temporal :
* But herein 1 did voluntarily ofler, by my Letters
* from Royjhn to the Commifiioncra, io bind
* my Prerogative.'
* Some think, that I will draw the Stottijb Wa-
* lion hither \ talking idlcly of transporting of
* Trees out of a barren Ground into a better ;
* and of lean Cattle out of bad Pafture into a more
* fertile Soih Can any Man difplan: you, un-
* lels you will ? Or can any Man think, that
* Scotland is fo ftrong, to pull you out or your
* Houfesf
1 po The Tarliamentary HisTOR t
Jmdci I. ' Houfes ? Or do you not thinks ! know Bug' 07. ' land hath more People ; Scsthnd more waftel ' Ground i fo that ihere is Roumth in StHianJ^*
* rather to plant your idle People, that i'wartn''
* in Lond$n Streets, and other Towns* and dil- ' burthen you of them, than to bring more un-
* to you ? And in Cafes of Juftice, if I bc^ ' partial to cither Side, let my own Moulh con-
* demn me, as unworthy to he your King * ' I appeal to yourfelves, if in Favour or Juf-
* tice I have been partial : Nay, my Intention
* was ever, you fliould then have moll Caufc to ' praife my Difcretion, when you faw I had ' molt Power. If hitherto I have done nothing
* to your Prejudice, much lefs mean I hereafter.
* If when 1 might have done ir, without any
* Breach of Promiie ; think fo of me, that ' much Icfs I will do it, when a Law is to
* reftrain me. I owe no more to the Sattijb' ' men than to the Englijb : I was born ihercj
* and fworn here ; and now reign over both.
* S^ch paiticular Perfons of the Sattrjh Nation,
* as might claiiTi any extraordinary Merit at]
* my Hitnds, I have already reaibiubly rewarded ;
* and 1 c;m aflure you, that there is none left,'
* for whom I mean exiraordin:iry to ftrain my-
* I'elf, turiher than in fuch ordinary Benefir, as
* 1 may eijually beftow, without mine own
* great Hurt, upoii any Suhjedt, or either Na-
* tion ; in which Cafe, no Kinjz's Hands can ever
* be fully clofed. To bothlowc Jullice, and Pro-
* lection; which, with God'h Grace, 1 (Ha!! ever ' equally balance. For my Liberality, I have told
* you of it heretofore : My three firft Years were
* (O [tiiemj (/) as a Chr'ftmas : I could not then be
* mifcrdble Should I have been over-fparing to
* them, ihey might have thought, Jo/fph had for-
* got:cn hiR Brethren ; or ih^t the King had been ' dr.nk wiih his new Kingdom. But Suits go not
* fo cheap, as [hey were wont ; neither arc there ' fo many Fees taken in the Hamper and Pctty-
• Bag;
0/ E N G L A N D. ij^i
* Ba^, for the Great Seal, as baih bccu ; and^^ ^. ImkI.
* jf Idid refpeS the EngUjh^ when I came firft, * 1607.
* of whom I was receiv&i with Joy, and came ' as in a huniiog Journey j what might riie
* 5fiJ///}^ have jullW Uui, if I had not, in fome ' Mealijrc, doali bouniifully with them, that (o
* long had fervcd me, lb far adventured them- ' fclvcs with mc, and been To faithful tome ? I.
* havc^iven you now four Years Proof, fince^
* my Cominji ; and what I might have done'
* more, to have rtiifed the Sattijb Nation, you,
* all know ; and the longer I hrc, the Ic(s
* Caufe have I lo be acquainted with them, and
* fo the Icfs Hope of txiuordinary Favour to-
* wards them : Fur, fince my Coming from them,.
* I do not already know the one half of them, ' by Face i molt of the Youth being now lifcn
* up to be Men, who were but Cliildren, when
* I was there , and more are born fince my Com-
* ing thence. Now, for my Lands, and Re-
* venues of my Crown, which you may thinfc ' 1 have diminjflied ; they arc not yet fo hi ' diminiftcd, but that I rhink no Prince iu Cbrljhtt-
* dam hath fairer Pollclfions 10 his Crown, than ' yet I have ; and, in Token of my Care to
* preferve the fame to my Poftcrity for ever,.
* the Email of my Lands to the Crown hath been
* long ago offered unio you ; and that it is not
* vet done, is not my Fault, aa you know.
* My Treafurer here knoweth my Care, and hath
* already, in Pan, declared it; and if I did not
* hope to treble my Revenue more than I have
* impaired it, I DiouM never left quietly in ray
* Bed. But, notwuhUanding my coming to the
* Crown with that extraordinary Applaufc, which
* you all know, and that I had two Nations to be
* the Objects of my Liberaliiy, which never any *. Prince had here before; will you compare my
* Gifts, out of mine Inheritance, with fome
* Princes here, that had only this Nation to re-
* fpedl; and whofe whole Time of Reign was
* little longer than mine hath been already i it will
* be found, that their Gifts have far furpafled
* mine.
L
ipi The Parliamentary Histort
Aifas. Jmej l/ mine, albeit, as I have already faid, they had no- i6©7. « thing fo great Caufe of ufing their Liberality.
• Secondly, for the Manner of the Union, prc- fenily defired, it ftandeth in three Pans : The ' firft, taking away of hoftilc Laws: For fmce ' there can be no Wars betwixt you, is it not ' Reafon, hoftile Laws fl\ould ceafe ? For, defici- - ^ enie Caufay ^efnH EjfeSfm. The King of Eng-i ' land now cannot have Wars with the King ofi ' Scotland; therefore this fails of itfelf. The fe- < ' cond is, Community of Commerce. I am no ' Stranger unio you j for you all know, I canle ' from the Loins of your ancient Kings, Tlwy ' of S^stland be my Subjefts as you are ; but how ' can I be natural liege Lord to you both, and ' you Strangers one to the other? Shall they, ' which be of one Allegiance with you, be no ' belter refpe^ed of you, nor freer amongft you, ' than Frenchmen and Spamardi ? Since I am So- 1 ' vereign over you both, as Subjects to one King, ' it muft needs follow, that you converfe and have . ' Commerce togeiher. There is a Rumour of' fome ill Dealings, iliat fhould be ufcd by the \ CommJflioners, Merchants of Siotbnd. They be here in England^ and fiiall remain till your next Meeting, and abide Trial, to prove ihcm- felvea, either honeft Men, or Knaves. ' Thirdly, for ihe third Poinr, of Naturaliza- tion; all you agree, that they are no Aliens, and yet will not allow them to be natural. What Kind of Prerogitive will you make ? But for the Pojl-Natiy your own Lawyers and Judges, at my firft coming to this Crown, infurmed me, there was a Difference between the Ante and the Pop Nati oi each Kingdom; which caufed me to publifli a Procjamaticn, that the Pojl-Nati were naturalized [xpjo falU) h'j the Accellion to this Crown. I do not deny, bur Judges may err, as Men ; and therefore 1 do not prefs you here to fwear to all ihcir Reafons: I only urge, at this Time, the Conveniency for both Kingdoms; iifiither prelfing you to judje, nor to be judged :
• But
Oy E N G L A N D. 1^3
Buc remember alfo* it is as pofliblc, and likely, Aa. 5. jsma 1
your own Lawyers may err, as the Judges.
* Therefore, as 1 willi you to proceed here in fo
* Tar as may tend to the Weal ot" both Nations i ' fo would [ have you, on the other P.irt, to be- ' ware to difgiace, cither ray Proclamation, or
* the Judges ; who, when the Parliament is done,
* have Power to uy your Lands and X^ves i for
* fo you may difgr.ice both your King and your
* Laws: For the doing of any A^, that may pro-
* cure lets Reverence to the Judges, cannot but ' breed a Loofencfs in the Government, and a
* Difgrace to the whole Nation. The Reafon, ' that mod moves me, for ought 1 have yet heard, ' that there cannot but be a Difference between
* the Ante-nati and the Pe/f-tiaiiy and that in the
* Favour of the laft, is, that they muft be nearer ' unto you, being born under the prefent Govcrn-
* ment,and common Allegiance, But in Point of
* Convcniency, there is no Queftion, but the Po/?-
* nati are more to be refpetted i for if you would
* have a pcrfcifl and perpetual Union, that can-
* not be in the j9nce-natl^ wlio arc but few in
* Compariron of thofc, that (hall be in ali Ages ^ fucteeding, and cannot live long ; but in the
* Poji-natl (hall the Union be continued, and live
* ever. Age after Age ; which, wanting a Dif-
* fercncc, cannot but leave a perpetual Mark of
* Separation in the Work of the Union : As alfo I ihat ArgumciM of Jealoufy will be k> far remo-
* vcd in ilie Cafe of the Poji-nati^ which are to
* reap the Benefit in all fucceeding Ages, as, by ' the contrary, there will then arifc Pharaohij â– which never knew Jcfipbi the Kings, my Suc- ' ceffors, who, being born and bred here, can ne-
* vcr have more Occafion of Acquaintance with ' iht Sco((i/h Nation in general, than any other
* B'iglifh King, rh.it was before my Time. Be
* nui iherel'ore abufed with the flattering Speeches ' of fuch, as would have the Anie-nau preferred ;
* aUedging tlieir Merit in my Service, Jnd fuch ' other Rcafons, which indeed are but Sophifms ;
Vol. V. N ' Fo>
1607.
TheTarliamentary Histort
For my Rewarding, oui of my Liberality, of any particularMcn, hath nothing adoe with the gene- ral AtSof the Union which muft not regard the Deferts of private Pcrfons, but the general Weal and Conjoining of the Nations. Bcfides that, the aftuat Naturalizing, which is the only Point, that is in your H.mds, is already granted to by yourfelvcs to the moft Part of fuch particular Perfons, ascan haveany Ufe of it here i and if any other weil-dcfcrvjng Men were lo fue for it hereafter, I doubt not, but there would never be Qucftion moved among you, for the granting of it. And therefore it is moft evident, that fuch Difcourfers have Me! in Ore^ Pel in Cm-de^ as I faid before \ carrying an outward Appearance of Love to the Union, but indeed n contrary Refo- lution in their Hearts. And as for Limitations} and Refpedlations, fuch as fhatl by me be agreed upon to be rcafonable and neceflary, after you have fully debated upon them ; you may aflijre yourfelves, I will with Indifferency grant what is rcquifiie, without partial Rcfpeit of Scutland. I ^m, as I have often lmd» born» and fworn. King over both Kingdoms : Only thus far let me inireac you, in debating the Point at your next Meeting, that ye be as ready to refolve DoubFs, as to move ihem, and to be fitistied, when Doubts are cleared.* * And as for Commodities, that come by the Union of thcfe Kiniidoms, they are great and evident ^ Peace, Plenty, Love, free Inier- courfe, and common Society of two great Na- tions. AI! foreign Kings, that have fcnt their Ambafladots lo cong,ra[ulate wiih me, fmce my Coming;, have faiuted me, a." Monarch of the whole lile, and with much more Relpeft of my Greainefs, iban if I were Kins al<meof one of thefe Realms : And with what Comfort do your- felves behold lap}, Se tti/b^ H^eUh^ and Englijh^ divers in Nation, yei all walking as Subjedb and Servants wiihin my Court, and all living under ihe Allegiance of your King; bcfides the Hon-
f OUT
Of ENGLAND. 15,5
our and Luftre, that tlie Increafe of gallant Men An. 5. jimw i. in the Court, of divers Naiions, carries in the 1607. Eyes of all Strangers, that repair hither ? Thofc confining Places, which [were] the Borders of the two Kingdoms i where heretofore much Blood was fhed, and many of your Anceftors loft their laves i yea, ihat lay waftc and dcfolaie, and were Hahitations but for Runagates; arc now become the Navel or Umbilick of both King- doms, planted and peopled with Civilicy and Riches ; Their Churches begin to be planted ; their Doors ftand now open ; they fear neither robbing nor fpoiling; and where there was nc- ihing before tw^ard, nor feen, in tliofe Parta, but* Bluodfhed, Opprcflions, Compbints, and Out- cries, they now live every Man peaceably under his own Fig-tree ; and all their former Cries and Complaints turned only into Prayers to God for iheir King, under whom they enjoy fuch Eafe and happy Quielnefs. The Marches, beyond and on this Side Ttveed, arc as fruitful, and as peaceable as moft Parts of England. If, after all this, there (hall be a Sciflurc, what Inconvcn* icnce will follow, judge you.* * And as for the Inconveniences, that are feared on Eriiliind's Part, it is alledged, that the Seals are a iX)pulous Nation i they Ih;Ul be harboured in our Neft ; they Diall be planted and flourifti in our good Soil ; they (ha)l eat our Commons bare, and make us lean. Thefe are fooliOi and idle Surmifes. That, which you poflefs, they are not to enjoy i by Law ihcy cannot, nnr hf my Partiality they (hall not : For, fee apart Confcience and Honour (which if I fhould (et apart indeed, I had rather with myfelf to be fct apart, and out of all Being) can any Man con- clude, cirber out of common Rcafon, or good Policy, that I will prefer thofe, which perhaps I (hall never lee, or but by Poft, for a Month, before thofe, with whom I muft always dwell ? Can they conquer or overcome you with Swarms of People, as the Goths and the Vandah did N a ' Atf^ f
1^6 TbeTarliamentary Histort
4
An. 5. juoMl. * ^^b ^ Surely the World knows, they are no-
1607, ' thing \o populous as you are ; and although they
' have had the Honour, and good Fortune, never
* to be conquered ; yet were ttiey ever but upon
* the defeniive Part, and may, in a Part, thank
* their Hills and inacceflible Pafiiiges, that prefer-
* ved them from an utter Overthrow, at the ' Hands of all, that pretended to conquer them.
* Or are they {o very poor and niiftratjle in their ' own Habitations, that Neceffity fhould force
* them all to make Incurfions i>mong you ? And
* for my Part, when I have two Nadons under
* my Government, can you imagine, I will re- ' fpeft the Icfler, and negktt the greater? Would
* I not think it a lefs Evil and Hazard to me, that ' the Plague were at Northampton ^ or Berwick^
* than at Lcndsu^ fo near Wejlminjler^ the Seat of ' my Habiiaiion, apd of my Wife and Children ?
* Will not a Man be more careful to quench the
* Fire taken in his neareft Neighbour's Houfe, ' than if a whole ToWn were a-fire far from him i ' You know, that I am careful to prefcrvc ihe
* Woods, and Game, through all England^ nay, ' ' ihrough all the Iflc 1 yet none of you doubts,* ' but that I would be more offended with any I
* Diforder in the Foreft of JValtham, for ftealing' ' ^ * of a Stag there, which Ueih, as it were, under
* my Nofe and in a Manner joineih with my
* Garden, Than wiih cutting of Timber, or fteal- '
* ing of a Deer, in any Foreft of the North Parts' ' of Yvrijbire, or the Bijbcpiiik. Think you,
* thit I Will prefer them, that be abfent, lc6
* pnwtJ-fiil, and farther off to do me Good, or- ' Hurt, before you, with whom my Security and
* Living mtirt be, and where 1 defire to plant my
* Pofteriiy ? If I might, by any fuch Favours,
* raite niyielf to a Grcaincfs, it might be probable :
* All 1 cannot draw ; and to !ofc a whole State
* here, to plcafc a kw there, were Madtiefs. I ' need fpcr.k no nuire of this with Proleftations :
* Speak but of a Wit, it is not liJtely ; and to
* doubt
Cy E N G L A N D. 197
• «ioubt of my Intention in this, were more than An.
• devili{h/
* For mine own Part, I offer more, than I re- ceive ; and Convcnicncy I prefer before Law, in this Point. For three Parts, wherein I might liurt this Nation, by Partiality to the Sutiy you JcnoWt do abfolutely lie in my Hands and Power : Tor either in DifpoJilion of Rents, or whatio- «ver Benefit, or in the Preferring of thtm to sny Dignity or Ollicc, civil or eccIefMftica], or as calling them to the P.irliament ; it doth all fully and only lie within the Compafs ol my ffrerc^live ; which are the Parts, wherein the Sisttyhmtn can receive eithei Benefit or Prcfer- menif by the Union ; and wherem, for the Care I have of this People, I am content to bind myfelf with fome rcafonableReftridions.' * As for the fourth Part, the Naturalizing, which only lieth m your Hands ; it is the Point* ' wherein they receive leaft Benefit of any : For
* in that they ran obtain nothing, but wliat they
* buy by thetr Purfc, or acquire by the felf-fame ' Means, ihat you do. And as for the Point of
* Naturalizing, which is the Point thought Jo fit,
* and fo precifely belonging lo Parliament i not
* to (peak of the Common Law, wherein as yet, ^ I can profefs no ^re.ii Knowledge, but in the
* Civil Law, wherein I am a little better verfed,
* and which, in the Point of Conjundtion of Na-
* tions, flioulJ bear a great Sway, it being the Law ^ of Nations; I will matnuin two Principles in it,
* which no learned and grave Civilian will deny j ' as being clearly to be proved, both out of the
* Text itldf, in many Places, and alfo out of the
* beft approved Doctors and Interpreters of that ' Law : The one, that it is a fpecia! Point of the *â– King's own Prerogative, to make Aliens Cici-
* zcrn, and dmari CivUatt : The other, that in
* any Cafe, wherein the Lavp is thought not to
* be cleared (as ibme of yourfelves do doubt, that, ' in this Caie of the Pojf-nati^ the Law of Eag'
* hnJ doth no: clearly determine) then in luch i
N 3 * Qiief-
5. Jtoaes u 1607.
1^8 The Tarliamentary Histort
Afl. j.J*m«l..* Queftion, wherein no pofitive Law is refolute.
ivoy.
Rex efi Judex \ for he is Lex hquem^ and is to
* fupply the Law, where ihe Law wants : And if
* many famous Hiftories be to be believed, ihey
* give the Example, for maintaining of this Law,
* in the Perfons of the Kings of England and'
* France efpecially, whofe fpccial Prerogaiive they
* alledgc it to be. But this! fpeak only, as know-
* in^ what belongeth to a King ; although in thi?
* Calc 1 prcfe no further, than that, which may
* agree with your Loves, and ft;md with the Weal
* and Conveniency of both Nutions.*
' And whereas fome may think, this Union
* will bring Prejudice to fomc Towns and Cor- ^•porations \\\\h'\n England \ it may be, a Mer-
* chant or two ofSri/I^I, or yurmouthy may have
* an hundred Pounds lefs in his Pack ; but if the
* Empire gain, and become the gtcalc;r, it is no
* Matter. You fee one Corpora lion is ever againft
* another; and no private Company can be fei up,
* but with fome Lois to another.'
' Fourth : For the fuppoled Inconveniences ri- ' fing from Scsthnd^ they are three ; Firft, that
* there is an evil Alfeftion in the Seottijh Nation
* to the Union : Next, the Union is incompatible ' between two fuch Nation?: Thirdly, that ihc
* Gain is fmall, or none : If this be fo, to what
* End do we talk of an Union?*
* Far Proof of the lirft Point, there is alledgcd
* an Averfncls in Ihe ^lottijh Nation, exprelfcd in ^ the Inftrument, both in the Preface and Body of
* their Aft : In the Preface, where they declare, ' that they will remain anabfoluie and free Mon-
* archy \ and in tlie Body of the Aft, where
* they niake an Exception of the ancient funda- ^ menial Laws of thit Kingdom.*
* And firft, for the General, of their Averf- .* nel6. All the main Current in your Lower
* HoLifc ran this whole Selhon of Parliament with
* that Opinion, thai Scoiland was fo greedy of this i Union, and apprehended, that they fhould re-
l^ c?ivc fo much Benefit by it, as they cared not
• for
0/ E N G L A N D. ipp
* for the Striftnefi of any Conditions, fo thcyj^ c. jimeit. ' might attain to theSubftance; and yet you now ' 1607.
* iay, they are backwarda, and averfc from the
* Union. This is a direct Contradiftion w ad-
* jt^9 : For how can they both be Beggars and
* backwards, in one and the felf-fame Thing, at
* the feme Time ?
* But, fot Anfwer to the Particulars, it is an
* old School Point, Ejus eji expUcare^ ct0us $ji
* condfrt: You cannot interpret their Laws, nor
* they yours : I, that made them, with their Ai- ' fent, can bell expound them.'
* And firft, I confefs, that the Engli/b Parlia*
* ments arc fo long, and the Scottijb fo {hort, that
* a Mean between them would do well : For the ' Shortncfs of their continuing together was the
* Caufe of their hafty Miftaking, by fetting thefe
* Words, of Exception of fundamental Laws, in
* the Body of the A£l ; which they only did, in
* preffing to imitate. Word by Word, the EngB/b
* Inftrument, wherein the fame Words be con-
* tained in your Pre&ce. And as to their Mean- ' ing and Interpretation of that Word ; I will not
* only deliver it unto you, out of mine own Con- ' ceit, but as it was delivered unto me by the
* Lawyers of Scotland^ both Counlellors, and o-
* ther Lawyers, who were at the making thereof *
* in Scotland^ and were Commiflioners here for
* Performance of the fame/
• Their Meaning in the Word, of fundamental
* Laws, you ihall perceive more fully hereafter,
* when I handle the Objection of the Difference ' of I^aws ; for they intend thereby only thofe ' Laws, whereby Confufion is avoided, and their
* Kings Oefcent maintained, and the Heritage of
* the Succetlion and Monarchy, which hath been ' a ICingdom, to which I am defcent, three hundred ' Years before Chriji \ not meaning it, as you do, ' of theif Common Law ; for they have none, ' but that, which is called Jus Regis : And their
* De6re of continuing a free Monarchy, was only
* meant, that all fuch particular Priviledges (where-
* of
200 The 'Parliamentary Histort
An. 5. Jam«l,< of I fpake before) fliould not be To confoundeJ,
1607,
as, for want either of Mngiftrate, Law, or Or- ' der, they mlg,hl fall into (uch a Confufion, as \o ' become like a naked Province, without Law or
* Liberty, under ihis Kingdom , I hope you mean
* not, I fliould fet Garriibns over them, as the
* Spaniardi do over Sicily and Njpks ; or govern
* them by Commiffioners, v hich are feidom found
* ruccecdingly all wife and honeft Men. This I i muft fay for Siotland^ and I may truly vaunt it ;
* here I fit, and govern it with my Pen ; 1 write,
* and it is done i and by a Clerk o( the Council \
* govern Scotlafid now, which others could not do ' by the Sword. And for their Averfncis in their ' Heart againfl the Union ; it is true indeed, I
* proteft, they did never crav? this Union of me, ' nor fought it, either in private, or the State by
* Letters, nor ever once did ary of that Nation
* pre6 me forward, or ivilh inc to accelerate that
* Buiinels , but on the other Part, they offered al- ^ ways toobey me, when iciliould come 10 them y
* and all honert Men, that dcfire my Grcatncls,
* have been thus minded, for the pcrfonal Rcvc-* .^ rcnce and Regard they bear unto my Perfon, and
* any of my leafonable and ju!i Defires. I know
* there arc many Rigotts amongft ihem, I mean
* aNumbcrof fediiious anddifconiented particular f Perfons, as muft be in all Commonwealths, that ' where they dare, may peradvcniurc talk lewdly ' enough ; but no Scsttipsman ever fpake diihon-
* curable of England in Parliament. For here
* muft 1 note unto you the Difference of the two ' Parliaments in ihcfe two Kingdoms: For there
* they muft not Ipeak, without the Chancellor's
* Leave j and if any Man do propound or utter
* any fcditious or uncomely Specclxs, he is ftratghl
* inicrrupTtd ard filenced by the Chancellor's Au-
* ihorlty ; whereas here, the Liberty for any M^n
* to fpeak what he lilt, and as long as he till, was
* the only Caufc he was not interrupted/
• It hrilh been objcfted, that there is an Antj- ^ nathy of the Laws and Cuitoms of ihefe two
• - ^ Na-
O/' E N G L A N a aoi
* Nations. It is much miftaken ; for Stitiandjia, «• J«bmi !• *■bath no Common LaWt as here ; but the Law m«
â– tbcy have, is of three Sorts:
* All the Law of Scotland for Tenures, Wards
* and Liveries, Signiorie!;, and Lands, are drawn *• out of the Chancery of England ; and for Mat-
* ters of Equity, and in manvThings elle, differs *â– from you, but in certain Terms. Jama the
* firft, bred here in Englandy brought the Iiaws ' thither, in a written H<ind.'
* The Second i< Statute Laws, which be their
* A^ of Parliament ; wherein they have Power,
* as you, to make and alter Laws % and thofe may
â– be looked into by you ; for I hope you jhall be
* DO more Strangers to that Nation : And the
* principal Work of this Union will be to reconcile
* the Statute Laws of both Kingdoms.'
* The Third is the Civil Law. Jams the
* 6fth brought it out of France^ by eftabiifhing
* the Scilions there, according to tbe Form of the
* Court of Parliament of Franuy which he had ' feen in the Time of his being there ; who ' occupy there the Place of Civil Judges, b all •■Matters of Plea or Controverfy $ yet not to go- ' vem abfolutely by the Civil Law, as in France, f For if a Man plend, that tbe Law of the Na-
* lion is otherwife, it is a Bar to the Civil ; and
* a good Chancellor, orPrefident, will often-times ' repel, and put to Silence, an Argument, that ^ the Lawyers bring out of the Civil Law, where
* they have a dear Solution in their own Law :
* So as the Civil Law, in Scotland^ is admitted in
* DO other C^f; 3, but lo fupply fuch Cafes, where-
* in the Municipal Liw is defeilive. Then may ^ you fee, it is not fo hard a Matter, as is thought,
* to reduce that Country to be united with you
* under this Law ', nor yet h;iveany old Common
* Law of their ov/n, but fuch as, in Effeft, is ^ borrowed froio vours. And for their Statute ^ LirWE m Parlt<i:ni)i: ; you may alter and change *• them, as oft as Occauon (hall require, as you f do here/
io7 The Parltamentar'y History
An. s. jadutL • It hath likewife been objedled, as another Im- ifioy, c pediment, ihat, in the Parliament of Siotland,
* the King hath not a Negative Voice, but muft *' pals all tlic Laws agveed on by the Lords and ''Commons.' " * Of iliis I can beft refolve you ; for I am the
* eldeft Parliameni-Man in Scoihnd^ and have lai ' in more Parluments, tlian any of my Prede-
* -ceflbrs. 1 can afllire you, that ihe Form of Par- ' tidmenl there is nothing; inclined lo Popularity.
* Abopr a iwemy JJays, * r fudi a Time, before
* the Parlinment, Procla[n:^lion is made through- ' out the Kingdom, to deliver in to i he King's
* Clerk of Rt-giAer (whom you hetc call ihc Maf- ' ter of the RollsJ all Bills to be cxlubiied that ' Seflion, before a Cfitatn Day. Then are they ' brought unto the King, and pcrufcd. and con-
* fidered by him ; and only inch, as I allow of. are ' put into the Chancellor's Hands, to be propoun-
* dcd to the Parliament, and n<!neoihers: And if
* any Man in PariMmeni (peak of any uihcr Mat* ' ter, than is in this F*-irm lirrt .illowed by me ;
* the Chancellor tells him, thore is no fUch Bill al- ' )owed by the King.'
' Bcildcfi, when they have pailrd them for Laws,
* they ^re prefc.tijd unto me. and, with my Seep- ' ter put into my Hand oy ihc Chancellor, I muft ^ fay. I ratify and approve all I hinffs done in this ' prefeni Parliament : And if there be any Thing, ' that 1 diilike, they raie il out before. If this ' may be called aNegaiive Voice, then I have one, ' I am lure, in that Parliament.'
• The laft impediment is the French Liberties ; ' which are thought lo great, as, except ihR Scats forlflke Frana, England cannot be united u> them.'
' If the 5fff;;r/^ Nation would be fo unwilling to leave them, as is laid, it woliU not lie in their Hands i for ihe League wns never made between the People, as is milhkcu, but beiwixc the Prin- ces only, and their Crowns. The Beginning was by a MelTage from a King of Frau(4
Of E N G L A N D. 503
' (Cbariemagnfy I take it ; but I cannot certainly ail 5. Jimet I, ' remember) unto a King of Scotland^ for a League x^>
* Defenfive and Offenfivc,' between us and them,
* againft England ; France being at that Time in
* Wars with England. The like, at that Time,
* was then defired by England againft Ftanct \
* whoalfo fent their Amba0adors to Sectland.-^
* At the firft, the Difputation was long maintain-
* edio Favour of England i that they being our
* Deareft Neighbours, joined in one Continentt ' and a ftrong and powerful Natbn, it was more
* fit, for the Weal and Security of the State of
* Stetland, to be in League and Amity with them,
* than with a Country, though never fo ftrong,
* yet divided by Sea from us s efpecially England
* lying betwixt us and them, where we mi^t be
* lure of a fudden Mifchief, but behooved to abide
* the Hazard of Wind and Weather, and other
* Accidents, that might hinder our Relief. But
* after, when the contrary Part of the Argument
* was maintained ; wherein Allegation was made, ' that England ever fought to conquer Scotland, ' and therefore, in r^rd of their pretended Intereft
* in the Kingdom, would never keep any found
* Amity with them, longer than they faw their
* Advantage t whereas France^ lying more re-
* mote, and claiming no Iniereft in the Kingdom,
* would therefore be found a mcreconftant Friend ;
* it was unhappily concluded in Favour of the laft
* Party ; through which Occafion, Scotland got
* many Mifchiefs after. And it b, by the very
* Tenor thereof, ordered to be renewed and con-
* firqied, from King to King, fucceffively ; ' which accordingly waseverperformMby theMe-
* diation of their Ambafladors, and therefore mere-
* ly perfonal ; and lo was it renewed in the Queen
* my Moiher's Time, only between the two
* Kings, and not by Aflent of Parliament, or
* Convention of three Eftaies, which it could
* never have wanted, if it had been a League be*
* tween the Peoplr. And in my Time, when it
* qtine to be ratified, becaufe it appeared to be in
* ^diuni
204 TheTarliamentary History
An. S* J^w '• ' 1607. t
odium tertiiy it was by me left unrenewed or *â– confirmed* as a Thing incompatible 10 my Per- ^ fon, in Confidendoii ofmy Title to this Crown. ' Some Priviledges indeed, in the Merchants F,i-
* vour, for Point of Commerce, were renewed ' and confirmed in my Time ; wherein, for my ' Pare of ir, there was fcarcc three Counlellois
* more than my Secretary, to whofe Placeit bc-
* longed, that mcJled in thai Matter, h is true, *_thai it behooved ro be cntcrincd (as they call it) 'in the Court ofPurhameiitoi'Pd^/i; buithatonly •Serves for Publication, and notiogiveii Auihori-
* ly ; that Parlwmcni, as you know, bemgbut a ' judi;.i<il Sf:ar of JuJges anJ Lawyers* and nofliing
* agreeing with the Definition or Office of our
* Parliaments in this iflc And therefore, that ' any Fruiis orPiivileges, poflcflcil by the League ^ wiih Frame, is able now to remain inSiotland^ ^ is inipoflible i fur ye may be fure, that the
* French King ftays only upon the Sight of the ' Enoingof this Union, to ctit it off h;mfelf :
* Otherwife, when ihia great Work were ;it an
* End, I would be faced, for the general Care I *. owe to all my Suhjeifts, to crave o( Framf like
* Priviieges to theiii all, as ScHhitid already en-
* joys -y icetng the perfonal Fricndlhip remains as
* great bttwten ui, »s between Ottr Progenitors, ' and all my Subjects muft be alike dear unio me %
* which cither he will never grant, and ib all wiH ' fall to the Ground ; or elfe it will turn to the
* Benefit of ihe whole IJIand: And'fo the Stot'-
* tijb Privileges cannot hold longer, than my
* League with France hfteth,*
' And for another Argument, to prove, thai
* this League is only bf iween the Kin^, and not
* between the People ; they, which have Pcn- f lions, or are privy Iniellige nee -givers in Fratife^ ' v/ithout my Leave, are in no bct:er Cafe by ibc ' Law of Scotland, than tho' PenGoners to Spain*
' As for the Smt'ijh Guard in Frana^ the Be-
* gluing thereof was, when an Earl of Boghan (b)
' Was
(W Sic Orig. 5J«*rf Buclujj,
(y E N G L A N D. aoj
* was &nt in Aid of the Prenct^ with ren thoufandAn. 5. >■»« i.
* Men ; and there being made Conftable, and ha- '*^'
* ving obtained a Viftory, was murthcred, with
* ihc moft of the S«/?yft Army. In Rccompence
* whereof, and for a future Security to the Scot' ' tifi Nation, the Scott'Jb Guard was ordained to
* have the Privilege and Prerogative, before all
* other Guards, in guarding the King's Perfon/
' And as for the laft Point of this Subdivifion, ' concerning the Gain, that England may make ' by this Union ; I think no wife, nor honell Man
* wfll aflc any fuch Quellion. For who is fo ig-
* norant, tint doth not know, rhe Gain will be
* great ? Do you not gain by the Union of IVclei? ' And is not Scotland ^rezter xhsin ff^dUs f Shall ' not your Dominions be increafed, or Lands,
* Stas, and Pcrfons, added to your Greamels f ' And are not your Lands and Seas adjoining ?
* F<Nr who can fet down the Limits of the fiorders,
* but as a mathematical Line or Idea f Then will ' that Back-door be ihut, and thoie Ports oi Janus
* be for ever clofed : You jhall have thofe, that
* were your Enemies to moleft you, a fure Back ' to defend you ; their Bodies {hall be your Aids, 'and they muft be Partners in all your Quarrels. ' Two Snow-balls put together, make one the 'greater; two Houfesjoin*d, make one the larger j
* two Caftle-walls, made in one, makes one as ' thick and ftrong as both. And do you not lee,
* m the Low Countries, how available the EngStflt ' and the Scottijh are, being jdned together \ This
* is a Pcnnt fo plain, as no Man, that hath Wit
* or Honefty, but muft acknowledge it feelingly.'
* And where it is objeded, that the Scottijbmett ' are not tied to the Service of the King in the Wars, ' above forty Days; it is an ignorant Miftaking :
* For the Truth is, that, in rcfpeft the Kings of
* Seotland did not fo abound in Treafure and Mo- ' ney, to take up an Army under Pay, as the Kings ' of England did ; therefore was the Scettijb Army
* wont to be raifed only by Proclamation, upon
* the Peoalty of their Breach of Allegiance ; fo
• as
2o5 IItb Parliamentary HisTOKr
Ab. 5- jtaieii.' as ibey were all forced to come to the War, «fo7^ * like Sna'ils, who carry their Houfc about with
* them j every Nobleman and Gentleman bring- ' ing with them their Tent3» Money, Provifion ' for their Houfe, Vi^luals of al! Sorts, and all
* other Neccffaries, the King fupplying them of ' nothing : Neceflity thereupon enforcing a Wam- ' ing to be given, by the Proclamation, of the
* Space of their Attendance, without which, they
* could not make their Provifion accordingly ;
* efpccially as long as they were within the Boundj ' of Scaland^ where it was not lawful for them to *: hclpthemfelves by theSpoi! or Wafting the Coun-
* try. Bui neither is there any Law, prefcribing ' precifcly fuch a certain Number of Days ^ ' nor yet is it without the Limits of the King's
* Power, to keep them together as many more
* Days as he lift ; to renew his Proclamations,
* from Time to Time, fome reafonable Number
* of Days before the Expiring of the former; they
* being ever bound to (erve and wait upon him,
* though it were an hundreih Year, if need *_ were.'
' Now, to conclude i I am glad of this Oc- ' cafion, that I might Libtrare Animam meam.
* You are now to recede: When you meet again,
* remember, I pray you, the Truth and Sincerity ' of my Meaning; which, in fecking Union, is
* only to advance the Greatnefs of your Empire ' feated here in England ; and yet with fuch Cau-
* tion I wifh it, as may ftand with the VVea! of
* both Stales. What is now defired, haih oft be-
* fore been foughr, when it could not be obtained ; ' to refufe it now then, were double Iniquity.
* Strengthen your own Felicity. LotJan mull be
* the Seat of your King, and Scotland joined to ' this Kingiiom by a ii;olden Coiiqueft, btitcemen-
* ted with Love, as I (aid before; which, within,
* will make you ftrong againft all civil and intef-
* tine Rebellion ; as, without, we will be cora-
* pafled and guarded with our Walls of Bra&.
* Judge me charitably, fincc in this I fcek your
' equal
0/ E N G L A N D. ao;
equal Good ; that (o both of you might be An, 5. jamu ].
made tearful to your Enemies, powerful in your- 1607.
ftlvcs, and available to your Friends. Study
therefore> hereafter, to make a good Conclufion ;
avoid all Delays; cut off all vain Qucllions (
that your Kin^^ may have his lawful Defire,
and be not difgraced in his juft Ends 5 and, for
your Security in Aich rcafonable Points of Re-
ftriclions, whereupon I am to agree, ye need
never doubt ot my Inclination : For I will not
fay any Thing, which I will not promife ; nor
protnife any Thing, which I will not fwear }
what I fwear, I will fign ; and what I Hgn, I
itall, with God's Grace, ever perform.'
When ihc Commona were returned to their THe PirliinKni Houfe, the Speaker fignified his Majcfty*s Pleafure "^J'"'™''*. that they fliould adjourn to the 20th of Jpri^, on account of the £fl/?^- Holidays.
During this Intcrmifiion, the King's laft Speech They meet *- had been mifrepre/enied by ibmc of the Hearers, »*.'" » "^. ^^ which obliged him to fend for both thcHoufesfc^J D^ubTw again, on the 2d of May^ to clear up thofe Points hu /omwc lo them which admitted of a double Meaning. ^P"*"^* Accordingly, the King delivered himfelf in thefe Words:
K" is the Tow his ope, it
My Lordi^ snd you Gentlemen of the Lower H&ufe of Parliament :
the chiefeft Comfort of the Sower, to lis Seed in good Ground, where there may yield Fruit. Since I laft fpake unto you, 1 have heard, by common Report, with what Applaufe and good Liking my Speech bath been received, and digefted t I hope you continue in the fame Liking ftill ; and I wifh, my Hope may not be deceived ; that my Seed hath not fallen into ftony, or Cindy Hearts i whereby wh^t I fpake may be miftaken, and prove barren, by prc-conceivcd Opinions; the Growth be choaked, forgotten, or carried away by the Fowls of the Air, or prevcrtcJ contrary
' 10
2o8 Thenar liamentary History
Aa.5. jtmct L* to my Meaning. For my Part, I can find no
1607. < Symptoms or Signs in the Lower Houfe, by
* which ] may misjudge them, but that they will
* proceed in the fame Courfe of particular Prepa-
* ration, that ihey began in : As for the Upper
* Houfe, there hath been no Word fpoken of the
* Matter fince your !aft Meeting. X comenot now ' therefore toperfuade that, which is already begun ' (having no Doubt in either of your Inclinations) ' but to facilitate, and make the Way fair for
* your going on. I fhall do but the Part of a ' good Gardener, to prune, and drefs, and take
* away the Weeds and Brambles, that may hinder
* the fprtnging and budding of this good Plant.
* And becaufc there are, and may be, divers Ex-
* plications and Expofitions of my Speech, 1 was
* defirous to explain myfelf unto you ; for (as I
* faid in my former Speech) Qui efi txpVicare^
* cujus efi condere. I have not hindered , c) any ' Speech ; for it is not my Manner, neither have
* I Time to do it ; only, for Oider-I'ake, I will
* contain all 1 have to fay, under three Heads;
* viz.
• I. To interpret mine own Meaning Jn my
* former Speech.* « II *••••• •
* III. To endeavour to fet before you fome
* Courfc of Proceeding hereafter.' ' I. Upon my Speech fome have builded Gold
* and Silver ; fome. Hay and Slubbk : I muft be
* as a Fire to confume and burn up the Hay and
* Stubble, and to fit't out und prefervc the Gold and
* Silver. I underftand, that fome hfivc mrerprcicd
* my Words, ab exprefling a Defirc and Propo- ' fition of a pcrfcft Union. 1 have not ftudiod ' (as I faid) u> give a ful! Anfwer to fuch Inter- " prerers ; but I know you c?.n pur a Difference
* between wife Men and Fools : Fools handle
* Things cither w ith Subtility, ot Ignomnce ;
* wife Men, with Subftance,' and foUd Argu- â– ment.*
• I
U) Sit Crig.
t I
(
I
O/ E N G L A N D. 205)
' I projioandcd ever, and fo I crave at your ^^^ Hinds, an abfolute and full Union, but not a i perfect Uniun ; fuch an Union, as mull have that Prepamion* which is made : And, becaufe I rpake of an abColuic Union, la lay, or think, I wifbcd nothing in the mean Time, were ablurd. Bui It is moll true, I ever wi&*d fuch an Union, as there might be unus Rex^ unus Grex^ una Lea. Thele Men, that thus interpret, marfc ihem well ; and you fhall find, that they pro* pound, and pray for that, they would mofl: fhun: Pro6auSp:ritas(^)i and lee, if they give ■you not gilded Pills; whether they have not A^tl in Orfy Fel in Corde.* ^ Something mult be done, you all confefs ; the Devil hiinfelf cannot deny it : Then what Preparation can you have, or wifli, oibcr than halh been ? This is but as if a Surgeon fhouM • let Blood on the contrary Side, to let out the ill Humour/
' You would have a Commifiion, to prepare for this your perfcft Union, when yourfelvcj have, in the Beginning, propounded it, haveen- adleJ it, that CommiQioners of both Nations fljould meet and treat ; and chefe Commiffioners^ of your own Choice, for your Part, being met, have deliberately propour>ded, have maturely di» gefted, and have advifedly brought forth fomc- thing in that Form, whereupon it is fit you ihould proceed » and now, forlooih. you would have aComtTiifTion. I will never grant a Com- miffion : It ihall never have my Confcnt, or Allowance/
• 1 remember a Speech In Htn. VIII. Time, in the Parliament Houfc ; The King propounded fomcihing, which Canie into the Houl'e; one in the Houfe faid, That he thought the King*s Meaning was good. To as it were according to Law; I pray (my Mafters) that I may hear no more of fuch foolifh Diverflons, and Avcrfions/ Vol. V. O 'It
JjfflCS 1.
607.
2 1 o The Tarllamentary Hi stor. r
, 5. Jametl* « It is merely idle and frivolous, to conceive, ' ®^* * that any unperfeft Union is defired, or can be
* granted : It is no more nnperfedt, as now it is
* projefted, than a Child, that is born without a
* Beard. Itis already a perfedl Union in me, the
* Head. If yOu wanted a Head, that is me, your
* King over you all ; or if you were of your-
* felves no Body ; then you had Reafon to fay, it â– were unperfeft ; but ft is now perfe)5k in my ' Title arid Defcent, though it be not an accom-
* pUfht arid full Union J for that Time muft ripen ' and Work.*
' When a Child is in the Mother*s Womb^ ' though it hath all the Lineaments and Parts of a
* Body, yet it is but ah Embrio, and no Child ;
* and (hall be born in his due Time : When it is
* born, though it then be a perfect 'Child, yet it is
* no Man 5 it muft gather Stangth and Perfeftion
* by Time : Even fo is it in this Cafe of Union. ' The Union is perfeft in me j that is, it is an
* Union in my Blood and Title , yet but in Em- « hrione perfect. Upon the late Queen's Death,
* the Child was firft brought to Light ( but to ' make it a perfeft Man, to bring it to an accom-
* plifht Union, it ffluft have Time and Means ;
* and if it be not at the firft, blame not mc i
* bin me Time ; blame the Order of Nature.*
' I remember, at the Beginning, when I firft cra-
* ved an Union, my Defire was to have a perfeA
* Union: Then this whole Body drew back j Jaid,
* It could not be difpatched at once ; it were fit ' it were entered into by little and little ; devifed
* all ReftriiJlions they could, to tie it within
* Bounds; produced fundry Precedents of the like j » as ****** i and when I would have had
* a more full and liberal Commiffion, you bound-
* ed it yourfelves.*
• But how^ would you have a perfeft Union," « but by this Preparation ? By Bills, by Com- ' mittee, by Argument : And yet, I fay (ufin(
* our Saviour's Words) Hocfaciu, aliud mn emit*
* tite» Mary ! I would noc have you think on
* that
0/ E N G L A N D. 311
* that to be done To-day, that is to be done ad. 5. Jmms i. ' To-morrow,* 2*07.
* II. The fecond Part of my Divifion is, to
* aniwer Objeflions.'
* I. One ObJ€i5tion is, What Gain {hall wc
* have by it ?
' I thought, I had exprefled it fufficiently be-
* fore. But do they alk, What Gain ? Is it not ' Gain, to add a Nation to this ; to make it one
* great and glorious Empire ; to have that Peo- ' I<!e to join their Arms and Strength with you
* upon all Occafions ; to make of half a Land
* one intirc ; to add to the Splendor of the King's ' Court i to turn Curfes into Bleffings ; to turn
* filood and Rapine into Peace and Plenty ; re-
* mcmbering always, that you have the Blefling '^of the Seat here, and that this is the Center?
* But I confefs it is good to be fometimes far
* from the Prince's Court : Proeul a Numiney prg-
* tai a Fulmine. But whether that be fo here, or .
* no, I appeal to be judged by the Children a-
* bove fix Years old in London : I delire, that
* the Commifiioners for thefe Parts would fpeak
* ay they find : I defire no other Witnefles, than
* thofe, that heft know. But if you find, that ' my Refidence here doih Harm, I will make two ' OStn : One, I will keep my Seat alternatintt
* in the feveral Countries ; I will Hay one Year in
* &c9tland, and another here, as fome other Kings ' do, lliat have feveral Kingdoms : The other is,
* I will keep my Court nearer Scotlandy at Tork ;
* at fome Place thereabouts , fo as you and Scot-
* knd fliall be both alike procul a Fulmine: And I
* froteft, I will do either of thefe, if you think
* it for your Good ; and if I (hall not fee this
* Union likely to go forward, 1 will do it how-
* ftKver. Obferve then the wandering Objetflions
* of thefe Men ; confider of the Subftance of thefe
* Speeches, whether they offer you not gilded
* Bib. I fear me, they would neither be found
* Wife, nor honeft, if they be examined and 'ripped up: For if you mark it, they are no-
O % ' thinf
2 1 a The 'Parliamentary Hi stort
Aa. 5. j«nM I. ' thing but Iterations of my Speeches, which I 1607, ( ^Quid be ferry to hear retorted agrinft me.'
• 2. Ohj. The fecond Cbjeftion : There can be
* no Security for fuch Cautions, as fiiall be agreed
* on. To this I cannot tell what to anfwer j ' becaufe neither I am well verfed nor fkilled in
* your Common-Law, nor you will give Credit
* to the Judges in that, which they can fay in
* this Point. But 1 will bring it to this Dilcm-
* ma i either I can give Security, or I cannot : ' If I can, why do you not yourfelves enter into
* Confideration of it, and accept it ? If I can-
* not, then muft you leave all to me, after the
* Parliament, to do what I will ; and if any
* Thing light upon you, other than you looked
* for, you muft take, and bear that, which youV
* own Folly hath brought you unto, becaufe you
* did not prevent it in Time, when it was in
* your Hands.*
' 3. Ohj, We muft yield them now but a little. â– ' becaufe we muft keep them in Appetite ; For,
* you fay, Turpius ejicitur^ quam non admittittir « Hg/pes:
' Anjwer, We are not now making Marriages
* with Spain ; this is no new Contraft or Bargain,
* that requires precife Conditions. Res nm eft iri-
* tegra. The Union and Bargain is already
* made j nothing now to be thought on, or dealt « in, but the Means* It is an idle Thing now fo
* talk of Appetite. It is true, that the Lords ' commended a perfeft Union ; but I am fure
* they ever had Relation to the Inftrument, Atid
* to the Courfe that was taken, for prccceding by
* the Degrees therein propounded ; neither did I
* ever hear, before now, of any Man, that ineaDt
* other, than this Proceeding upon the firft lo- ' ftrument.'
* Now (hall I come to fome other Obje£Uaiis»
* more piffionate and violent, but more idle, aiid ' of lefs Weight than the reft. It is affirmed^
* that the Taking away of hoftile Laws b ' •
* Donative, a great Grace and Favour > wbeij
O/" E N G L A N D. 213
k is known, as now they, ftand, they do pre/SAn. 5.j»meilJ
* yourfclvcs, as well as them oi Scotland ; though,
* by the Union that is already made, they lofc
* Ihcir Force and Vigour. It is true, that it is
* fitted to take them away by Pailiamcnr, bccaufe
* they were cftablifhed by Parliament ; but all ' that can be /aid, is no more, than as if you ' (hould fiy, it is fit to lake hoilile Laws away, ' becaufe they are taken away.*
* It IS faid a!fo, that if you deal by Bills, tliey ' arc like to have a cold Effect ; prejudging the
* good Dirpofition of the whole Houfe. 1 am
* lorry to hear of fuch Speeches, againft Dury, at-
* -moft againft Allegidnce. I know not theiik •^Meaning, except they delight to fing with the ^ Owl upon the Bufii, i^f. It is a ftrange and
* ominous Prophecy, for which I know no An- fwer, but that I fliall pray, that fuch Swallows "bring but one oummtr with ihem. U Is no ' larvcl, if Men of that Coat have neither
lopes nor Fears from me; and fiar I fhall be Twell advifed, what I do with them. 1 Itjokcd
* for no fuch Fruits at your Hinds ; fuch perfonal
* Difcourles, and Speeches ; which, of all othefj
* 1 looked you fhould avoid, as not befeeming
* the Gravity of your AiTembly, I am your
* King : I am placed to govern you, and (hall *â– anfwer for your Errors : I am a Man of Flefh
* and Blood, and have my Paflions and AfFedtion?, ' as other Men : I pray you, do not too fnr move
* nic to do that, which my Power may tempt
* me unto.' ' Now for the Courfc I would have you hold,
* (he third Part of my Divifion ; let it be my ' Advice, that you do all Things with Reverence i
* with Love; that it may feem, you have Duty,
* Rcfpedt, and Care to pleafe him, that will, by ' all his bcft Endeavours, feck to give you Con- ' lentrncnt. That Speech of '* Love me JUtle, '* and love mc long," was a damned Speech; for ' Love and Affection muft be ardent, lettled upon
* goad Grounds, not removable. Men die. Men O 3 ' s^'ow
214 The Tartfamentary H i s to rt
. 5. >nei I. * grow cold i but'daily incrwfe, efpccially in Bre- 1607. * threo, in two Dugs of one Breaft, in Children ' towards their Parents.'
* I would wifii you to proceed with Order, and ' with Diligence, and above all, with Love to your ' Sovereign : I fay, with the more Diligence ;
* bccaufc now thcSickrcl3 increafing, the Heat of
* the Year» yea your own H.iy-harveft, do pcr- ' fuade you to nuke hafte into the Country.
* Make no more Doobrs, than is needful ; wliere-
* ever a Thins is made doubtful, there norhingj-
* will ever come to Perfection. If any Doubts ^ do arife, make me acquainted with them \ poui; , ' them into my Bofom ; I'Will drive to give yottl
* Satisfailion : If I cannot anfwer, or fatisfy them,
* let the Blame reft upon me. And, to conclude,
* I defire, that your Travels may be fuch, as you
* may procure Strangers to reverence us, our Ene-
* mjes, to fear us, our Friends to be glad, our ' Subje^s 10 rejoice with you and me ; that the
* World may lee, there is an Union Ili,U in woik-
* ing and proceeding : That you beware of all
* fanatical Spirits, all extraardinary, and colour-
* able Speeches ; that there be no Diftradliors,
* nor Diftempera, among you j that you bieed* ' not Contempt to the great Work To wd! begun,
* and Difcouragement to othera, thit with v;eil ;
* that you Eempt not the Patience of your Prince ;
* and finally, that, wish all Speed, you proceed ' with as much as can be done at this Time, and
* make not all you have done, fruftraie-*
A^ pds'd.
By whnt hath been given of this AfTur, hotli in the former Proceedings of the Lords, and the later Accoun; of the Debate in the Houfc of Cctn- mons, It may well Teem that the whole Time of tliia Seflion was lakLU up in the Buhnefs of L>/7cm. But there were alfo ibmc filutary Liw< emcled, be- iides, the A£t for abcHJhltig nil HLjHliilei^ he. belore mentioned. Our Siaiute-Eooks only give us thirteen ; whereas ihc Catalogue, in the Lofds "Journals^ mention the Titles of above fixty, pub-
ENGLAND. 215
lick and private Bills, which were brought into A"- s-^"*" '• bothHoufcslhisScifion; half of whicb,a[leaft, we '^'
may well fuppofc, were pafied into Lsws.
Having been already (o panicular in our Account of the Uniotti we {hall be lefs circumftantui in other Affairs > and, only, mention one tcmarkaMe A& regarding the Trade of the Nation ; and >k hich fccms 10 tally with fome Circumftanccs much nearer our own Time.
There was a Bill brought into Parliament this Seflion, which was entitled, yfn AB to explain tffl- ctbtTy made tb9lcfl SeJJiQJi lif iris Par Jiiirtiint, called, ^n An to enable all kis Mnjeflfi kv ng Sufje/^a of England and Wales, to trade fyeely latif the Demi- tjims of Spain, Portugal, am Fiance, Thts was padcd into a Law and may be fccn -n the printed Statutes ^r). But we find, by the yffw.w'j, ihat ihe firft mentioned Nation Vk'3.ii not th- n in iuih Itrift Amity with us to lufFer a free rr-ade. For,
On the i6th Day of Alay there w.ts a Meflag:« fcnt from the Lower Houfe to the Lords, by Sir ^"3^*jj* - Edwin Sandyi and others m this LfftJt: * th i Jfc'"-i.n*oftiiB a Pe:iiion, dircifled to his Majefty <tnd the HighSpamtdsi Ccun o( P rl'arnent, had brcn cxhibiti.d tr- tlicm, by fevcral Murch.iniS ot this Re-jlm, cou^plaimng, grievoufly, of m^ny intolerable Wrongs and In- juries that had t-ieen offertd them, by tLe Subje<fits of Spain-, in all Partb Abroad where they trade. .
As well in taking and unjuftly detaining of their Goods, as in bereaving them of their Liber- ties; and in the cruel Ufage of divers of them; either by cofnmittirt; (hem to the G;i!lies, or by other Tortures.' That iheLower Houlc had taken ihc faid Complaint to Heart, and examined the fame, as far as they could, not being able to take Examination of the adverfe Parties, bsing of a foreign Nation. Nevcrlhclefs, they find tihat the Particulars of the faid Compl.iint, being twenty in Number, at the Icart, arc for the moft Part very juft; infomuch, that tberebv they conceive that a Difhoiiour is ofTca-d to his Majcfty, Wrong to his
â– A Confercfirc jft-ith Che Lsfdi.
2 1 6 The Tarliamenfar^Iisrof^
An. 5. TamejI.Subjefls, and Difreputation to the whole Stale, '^' That thereupon, they having entcreil into Confi- dcration of Redrefs, Iiave thought fit, ir regard the Matter concernclh a foreign Nation, that is in Amity with his Majtrty and ihis Slate (J), to for- bear to proceed therein, any oiherwife than by Pe- Upoa which the ^ition to his Majefty. And they earncftly dcJire COTmom defire their Lotdfliips will be pleafed to join with them '^ in this Petition; And, ibat for their better Infor-
mation therein, they will allow of a Conference, at fuch Time and Place as their Lordthips (hall think fit to appoint. Jn/wer. That becaufe the Lords do find the Matter to be of fo gre^t Weight, both in regard to Form and SublUnce, they will take fome Time to confider of it maturely, and fend them a fuller Anfwer as foon as ihey can. Bjt, it was not till the 8ih of Jun.^, that the Lords fent to acquaint ihc Camrnons that they had conlidered of the Cafe, and deiired ro fee the Petition which the Merchants prefciucd to them ; and ih.n then ihey would return further Anfwer touching the Conference'
ThePciiiion, which is printed at length in the "J&urnali of the Gjmmons, wx% ftnt, according To Defire, with certain Reafons and Articles an- nexed to it. Importing, That they thought ii needlefs to fend the Petition before, hecaufe, as ic was infcribed to the King*sMoft Excellent Majefly, the Lords Spiritual and Temporal, and to the reft of the Honourable Court of Parliament, they ima- gined the like had been prefentcd to iheir Lordfhips. In tl)e Petition they obferved two Points; i. A Complaint. 2. A Diredlion for Remedy. That they had only examined the Proofs of the Com- plainants, not having Power to convene before them the Perlbns complained of. And, in their Judgments, fo far as they could examine, the Com- plamt was jult, the Grievances great, and the Re- medy neceflary. For the fecond Point, tliey liad not entertained .my P^jrpofe to meddle with that j jjeing more pr^.pcr for his Majtfty's WiWom anj
Cle.
W Peace had been proclaim' •! with Z^in, 5th Jhigup 1604*
I
I I
0/ E N G L A N D. 117
Clemency, whofe Subje£l«v were all under his Pro- ^^' S* i«n« I^ tedion; therefore Ihey leave it wholly lo him, '^*^''' and do now, only, renew their former Rcqueft tjwt Petition may be made to his Majcfty for lome fuch Means of Redrefs, as, in his princely Wif-
dom, ihall be thought fit-- But, we are not
told by the Jotimsh whether the Lords joined with the Commons in fuch a Petition j nor is there one Word of this Matter mentioned in any of our Hiftorians, by which wc may learn whether thefe Grievances were redrcfitd, or not.
July ^\h, itfo8, the Parliament was prorogued, . by Commiffion, to the lOth of Februaty follow- ^J^^""^ ing; and from that Time, by four other Proroga- tions to the 9th of February^ 1609.
It is remarkable that there was no Supply either aflced or gianied, in this lailSefTion of Parliament. And, indeed, what was hitherto given, fince this King's AccefTion, bears no Proportion 10 the heavy Taxes, laid on the Subjetl, at the fatter End of the laft Reign. fP^ilfsn iniinuates here, 'That the King would not ftrain the Blood of the Subject by the ordinary Way, left the Senfe of it fhould bring more Fears and Paintings with it: But, that by laying on little Burdens, at firfl, he was only inuring them to bear greater, which were preparing for them, in the enfuing SefTton of Parliament.
In this Interval died Ihjmns Sativi/e, Ear! of Dorfet, Lord High Treafurcr of England ; and was fucceeded in that great Poft, by Robert Cecil, Earl of Saliibury (/), younger Son of the late Lord Treafurer Burkigh.
The next Sellion, of what was ftlll the firft Parliament of this King, continued folong; and ^"* 7* J-""" '• (he Proceedings of it are fo much to the Purport AtWc^iinfier of thefe Enquiries, that the Reader will not blame us for haftening to them as foon as poflible. Efpe- Cially, fincc there was nothing material that hap- pen'd
(/) So crcsteiJ, 4th May, 3 Jac I, witli Precedency of his el- its Broiher Tfrw«J», wi^o wu the fimc Diy cfeaKil Earl of £xrui . He vni$ one iti the .Sccrckario ot' Sute^ imi a Irjkfitng Member in the Hoafc of C. nunont in >he lattct £ad of the Atigu uf t^eci^ ftlizaittb. Sec Vol. IV,
ai8 77-w? Tarliamentary Histort
An. 7. Janiei I. penM in ifac Interval, but the Arrival of the King 1609, of Denmark in England^ whore Reception and inngniHcent Enicrcainment here, is amply related by our larger Hiftorians. The firft Day of ihis Seflion viz. February 9th, opened with nothing material, but the Introdutflion of Robert^ no«r Earl of Dorfct^ to take his Seat in the Houfe of. Lords, in the rooai of hia deceafed Father. From * which Day, being Friday^ the Lord Chancellor
adjourned the Houie to ilie IVedmfday following.
The Earl of Si- ^" "^V- ^"^^ ^^ ^^^^ ^^ Sij/islrury, Lowl Kflwy Uys be- Treafurer ' of England^ in a fet Speech to the fo« the pMiia- Lords, which he divided inro two Parts, took oc* ;^^5i*„^'''«''carion to infgrm their LordOiips, ' Firft, by man| king a particular Relation of the State his Majcftj was reduced to, both in refpedt to his prefent Debts and oihei Occafions of Expence; and fome neccf- lary Means to be confidercd of for a prefent Supply fur his Wants, and Support of his Royal State in 'I'ime to come ; which Caufcs he affirmed were the chief Reafun for calling this Sellion of Par- liament. Next, concerning the Prince, who, though already Duke of Cortiwa! hy natural De- fcent, yet was to be created Prmcc of Waits and Earl of CbsHcr. For the firft again, concerning the Staieofthe King's Debts, ^^. hisLoidfliipexpIaincd ky many fubrtaniial Arguments, Rcafons, and Pre- cedents, according; to the Knowkige he had gained, as proper to his Place of Trcafurcr; and other Ob- fervations. Laftly, he made a Motion that a Mef- fagc might be fenc for this Furpofc 10 the Lower Houfe, for a friendly Conference thereupon.*
This Motion was agreed to, and a McJlage to the Commons was {tm the fame Day, importing, AConferrace * That becaufc fome Things of extraordinary Na- fborrron, x]^xc Were the Occafion of calling this Meeting, their Lordfhips were defirous the Commons fhould be acquainted with them, fince without their Con- currence nothing could be done. That they thought it ncccliarjr to treat of thefe Matters, at firft, whereby their Lordfhips hoped this would prove a Parliament Qf CoiHbla ticn. Thcreforc,they
defircd
O/^ E N G L A N D. ai^
defired a Conference, for Confideration to be had An, 7, jao^t J. of fomc neceflary Supplies to be granted to his Ma- 1609. jefty, for his prefent Occafiono. And, further, lignified that their Lordfhips will join with them, for Retribution to his Majefty, as (hall be judged moft fit and rcafonable.'
The Commons readily accepted of this Propo- fel ; and a Conference, with Time and Place, was agreed on between Commiltees of both Houfes. And the Lords ordered, that the Lord Treafurer fhould deliver theSubftance of what he had, this Day, opened to them at the Committee.
It is not clear, by the Jmrnaii, what was faid or done at the firft Conference. There is a long Account of it cnicicd in thofe of the Commons, in the Reports made by the SoMicitor- General, Sit Francis Bacon, but the Items of them are lb fhort as not to bear a Connedtion. Efpecially in that of the Public Debts and Difburfements, which are fo intricate as not to be undcrftood at all. Wc ihiW content ourfelves therefore in giving fome Acciium of it from (f^il/m, who tells us, ' That the Plea the Courtiers made Ufe of, to gain a Supply, was to urge the King's NecefTuies; which they laid proceeded from his great Difburfements. That the Three hundred and fifty thoufand Pounds due for Subfidiei in the late Qiieen's Time, he received â– with one Hand and paid away for her Debts with the other; redeeming the Crown-Lands which fhc had mortgaged to the City. That he had kept an Army of 19,000 Men on Foot in Ireland, for fomc Time, wherein a great Number of the ' Nobility were Commanders, and other deferving Soldiers, who would have been expofed to Want and Penury if not liapplied : For it was not fafc for the King to iruft the inveterate Malice of a new- reconciled Enemy, without Sword in Hand. The late Queen's Funt ral Charges were reckoned up, which they hOi>ed the Parliament would not repine at. The King md Queen, and the Royal Family's Reiinues and Expt .-ces were enUrged in PrpporUon to tiicii' Nuaibcra, and the Dignity of an
united
I#n
210 T7}€ Tarliamcntary History
1.7. lawei I. **"'^*'^ Crown. The late magnificent Entertain- ifioj. mentof the King of Denmark^ for the Credit of
ihe Nation: Befides the EmbaiHidors from foreign Princes, more than ever this Crown received, muft find tbofe Entertainments and Gratuities, which arc neceflary, and are the concurrent and mutual Civilities between Princes (x).'
Thefe and many other Arguments, fummed up by this Writer, were made Ufe of ; but yet we find by the Jcurnahy that the Commons were not over hafty in granting a Supply. On the 21ft of February they fent a Mellage to the Lords, rc- quell:ng another Conference with their Committee, about the Matter of Csntribution and Retribution^ moved at the laft Conference, which was agreed to. And, on the 26th, the Lord Treafurer made a Report to the Houfe of what had paffld in this laft Conference. Wherein he particularly took Notice of a Motion, propofed by the Cummitlee of the The Commons Other Houlc, ' Thai his Majefty mi^^ht be made Pfopof»lreI«inB acquainted, by fome of their Lordihips, that it ^-^"?^ ""* ^3^ ^^^ Defire of the Commons, that feme Courfe might be talcen concerning IVardJhibi and Ttnurei* Which being debated among the Lords, they agreed that a feleft Number of their Houfe (hould be chofen to acquaint the King with the Commons Requeft.
On the laft Day of February^ there was a long Debaic in the Houfe of Ccf/imoris^ on the two Bu- fmeffcs of Support and Supply ; the Heads of which are given in their Joumah; but are again too in- tricate to unravel. We Ihall therefore chiefly fol- low the Journah of the Lifrdi^ and only give fome remarkable Hints from ihofe of iheC^w/unj, as Ibey fall in our Way; one Inflince of which is cow before a?.
On the l^ky beforcmentioned, the Refult of Dirifion OB thcthc Debate, un the Supp^y^ was a Divilion of the Supply* Houfe on the Qucftion, Whether itfliould be put
off" for that Time or net ? It waS rarrieJ to lit ftill, only by 160 againit 148. It was then moved to
{x) m^M b Kamti, Vol, II. p. 6S V
Teiwrci.
J
Of ENGLAND. 221
fay» ' That they were willing Co relieve the King's ^^j, Uainh Wants chearfuUy -, Time enough for Retribution i6og. afterwards. That the Supply mighi be poftponed, but to fupport irameduiely. To inlcnd» was mental Purpofe ; to give a plain open EngBjh Anfwer, that we propofe to give fomewhai.* On ihe whole, a Refoluiion was taken, on a Meflagc from the Lords, to fend an Anfwer to this Pur- pofe; * That they would think of the Supply in due Time, and doubted not but togive hisMajefty good Satisfa«£tion- For the Matter of annua! isup- porl, in Lieu of IVard/hlps and Tenum^ when ihey (hall hear from their Lordfhips about them, they will be ready to join with them in Conference.*
Thefe IVardpApi and Tenures^ and fome other Grievances to the Subject, which will appear in the Sequel, were the Obftacles that kept back the Supply } and, 'till they were laiisfied in ihofe Points, the Commons feemed lo be in no Humour to grant any. The King's Kai'ourites now began to be looked upon wilh an evil Eye by thcPeopIe; and he waslbprofufein hisPrefents and Gratuities 10 them, that fnme did mn rtick to fav, openly, That tbe whole IVe^ltb of England xomld not firvi the King's vaji Bau/ity.-—^^ But now a fmall Di- greffion on another Subjcft.
The Lords Journals tell us, that on the 27 th of February^ tbe Commons Cent a MelTaec to the Lords to acquaint them, * That they had t.ikcn Notice The Commiun of a Book, lately pubjifht;d by one Dr. C^ttW, complain of Dr, which they conceived does contain MaUeis of f^*^**'* ^^^ Scandal and Oflcnce towards the High Court of v!l: "fhe*prMl Parliament ; and is otherways of dangerous Con* gitive Roy>i, iequence and lix'^mptc. l"hat being ddirous there fhould be a joint Examination of the offenfive Conlenls of the laid Buok, and (omeCourIc taken for the Punifhment of tbe Pcrfon who publifhed the feme ; they therefore defire their Lordfliips to appoint a Conference for that Purpofe/
The Lords returned a very civil Anfwer to this Meflagc; 'That ihey were willing to join with them in any Caufc proper to mainwiin the Honour
of
lia 7he Parliamentary Histort
An. ^. Iboih I. of that High Court, and to chcrifii a mutual Cor- "*°9- rcfpondence between both Houfes, which together make the Body of the Parfiameni, whereof his Majefty is the Head. They therefore appointed Time and Place for a Conference, not only on the Complaint, but to go again on the Topic of a Supply.*
IVilfm informs us, * That the Book, here men- tioned, which had given Offence, wrote by Dr, Cswtii a Civilian, was to prove the Excel- lence of the Civil Law in Comparifon of the Com- mon Law of Engknd. That the King had let fall fome Expreffions at his Table, in Derogation of the latier, and highly extolling the Civil Law before U. At the fame Time, declaring his Appro- bation of a Book, Uiely writ by Dr. Cowei on that Subject. This, fays our Author, nettled the great Lawyers muchj and had not fome of them been railed fo high, that they could not, with their Court-Gags, look downwards, it had bred an open Contell. However, adds he, tho* they did not ftir in it [hcmfelvcs, we may fuppole ihey, underhand, ftirred up thi. Profecutionagainft the Civilian^ for fear, that if his Scheme fhould lake Place, they fliould have their Lefl'ons to learn over again (y).
The King feeming much inclin'd ro thcfc/ffrei^n Notions, and fomewhat tinged with the Love of Arbitrary GovErnmeni,it Is no Wonder thatani?//^- li/^j Parhament began to think of clipping his Wings inTime : But hiiherioeveryThJng was conducted with the greaieft Decency heiween them.
February the aSth, the Lord Treafurcr inform'd the Lords of the King's Anfwer to the Mclfage fcnttohitn, at the Dclire of the Commons, relat- ing to lemtrti and Wardjhipi. * That his Majefty leferveth to himfelf. lanquam Res Integra^ the Power of AffirmiUivC: or Negative, to grant it ; as on fur- ther Dehhcrationr he fliall fee Caufe.' Hereupon, it was niovjd bv the Earl of Nottha^apton, Lord Privy Seal, 'That In regard the Matter was of great Importance, Refpiie might be taken for im- parting
(y) »7//wt ia Ktnnet, Vol. U. p. 68l.
0/ E N G L A N D. aaj
rting bis Majefty's fiiid Anfwer to the I-ower^^ k^^, , oufc, till To-morrow, on their next Meeting i * 1609. hen fome fit Courfe mi^hl be coniidcrcd of for at Purpofe. This Motion being IcconJcii by ihir ord Chancellor, it was agreed that no Aiirwcr ould be returned 10 the Commons *till the next ay. Ac which Time the Lords were interrupted 301 confidermg of the AfBir, by another Mcffi^-ic Mil the Commons, importing, That they dclircd eirLrrdihips to apix};m a Meeting of the Com- ittees of both Hcufes, to receive their Anfwer uchiDg the Matter of Support and Supply. The ords, with much Complailancc, appointed 1'wu at Aftemoon for the Purpofe. Wc find that the Lord? did not acquaint thi ommons with the King's Anfwer, even at this ionference ; it was too ticSclifh a Poir.t before thfty we fnrc of the Supply. AnrJ, i: may be fupp^jfcd or fome Satiaficl-on hid been then gr/sn to the oida about tin" A5i:r ; for the vtr/ next F>ay a USkS^ was idc; fn-'n :hem to 'he C-jmrnon-!, io
• Ttac wn«rss3 '.he H'.^.:e r,:' Commr.r.s, Sy a fr£ge cr !a:s :e' ' fT->m -hern, had m^vs-'i their ATKhipa cha: his Mrel*/ rr.iit.: vt rrAf.f: vr.^Sir.c- %t St SitEfi or "-j:".* Hv-ie. *! 1 'ho fje;:'* r-f 'hi^ ffii CccnrfinH, ">-r.".ir.-z 'i'-^i M^t^er or TiKur;; ^DUenJiiczd: Ji Trf^jr^: -;-.e:r I-r^r'il-.ii^s harf Q^K:aizc his I'Cri^it' ::".i»ri^ ;h, 5.-.1'. .'»r..^v*.'i ?.;3 Is^ar- Acn -r,cc»;T r.ii -^^r the T rr.e. \}zrAT.:f:A iai Ar'ffacci:- xr.c;r-.i-'i TJr. Cn;;'; .-ir.r.'f- r.ay
b^iipa, ^ic ie:::"t '!".a; 'i'.is VL-jsj-.tr ":< ' ■*<.'..-. ',r\~ Bifv ir*'* .Tir ict;* ';;&:« .^;r*j.iir..' V '-.p, '>*.';•, - aces rssiie^t, T'la: I'.iv -tr.':"*:^ .".i^r- 1 .•■.r v'.vAy. tf^ntni^ ^py"' .-ffihcri;-!!' » ir.i' *• ■,i.,ct -.*•. ■■stV/ v, oesxiL iiEC icr'-ca \z ti'.e Tnic inij /';«r.», »!>
^mirniiie -.r t TOni viienr.'. ;]f! *..l!'ir.r ititurA^
224 ^^ 'Parliamentary Histort
A0.7. jjmcsi. '• '^hat the King was fo}i4tm a Legibus, and 1609. net bound by his Coronation Oaih.
2. Thai it was not, £x Neajfusle^ that the
Dr Cowtl's ob-^'^S ^ould Call a Pdrliament to ijukc Laws, but
ooxiout Pofi- might do it by his abjolute Pcwrr ; for Voluntas
tioiu. Rigis was Lex Pcpuli,
%. That it was a Favour to admit the Confent of his Subje^St m giving of Subfid'us.
There was alfo another Book, compliined of by the Comriions, wrote by one Dr. Bkckwsod^ about this Time, which concluded, ' That we are all Slaves by rcafoii of the Conqucft {z).
March the 3d, the Lord Chancellor reported to the Houfc of Lurds the Subftance of what was deli- vered, by the Committee of the Lower Houfcj at Ycfterday*sConfercnce. on the Points of Supply and Support. ' That the Commons had exprefled a ten- der Feeling towards his Majefty's Wants, and a due Regard to rehcvethcm. But they could not con- ceive, as ihey affirmed, how it could be done in any other Way than by Subfidy, Which being pro- per :o be firft moved in the Houi'e of Commons, they will confiderof a fit Refolution and proceed therein in due Time. That, as to the other Point of Support, they hold this Matter to be moft confider- abic, and therefore proper for the Lords ; of which ihcy expeifl to be informed from them at their Convenience.*
Then the Lord Privy Seal declared to the Houfe what had palled in the Conference relating to Dr. C^wd'-i Buok. ' That the Attorney-Gcncial, in delivering the Senfe o\ the Lower Houfe, did very modedly anJ difcreetly lay open the Offence taken againfl the Party, and ihe dangerous Confc- quence of the Book/ Afterwards the Biftiop of jLndsf} (a) read the p.irticul.r Exceptions v. hich the Common? had m.idc to ir ; which were, 1. On the Woid Subjidy \ 2. On the Word King i 5. On the Word par a :r;ef/t ; 4. On the Word Prerogative. On all which Words the faid Dr. Cond had fo un-
ad-
(3i) P(tyt*t MifcflK Perl. p. 6%. (a) CttrgtAUnt,
hvlftvu
J
Of ENGLAND. 125
'^advifedly enlarged liimfelf, as the Commons appre- An -. hneir. hended that the fame lAas very ofFeiifive, und of I'eoj. dangerous Conlequcnce.
On this Repon, the Lords took a liule Time to confider, and then thought proper to fend a Meffage to I he other Houle, So dcfue another Conference about this Book, and in the me^n Time ordered their Clerk lo leefc Precedents of that Kind, and faithfully to acquaint the Houfe therewith. The next Day, the Lord Treafurer inform'd the Lords, The Proftcyrion * That his Majefty had taken Notice of this Mat- "^ ^'' jj^";^^' ^her ; and had lately perufcd the Phices in the Book^rng's inter! ^â– 0 which Exceptions were taken. That he hadyarition- ^Kalled the laid Cows! before him, and heard his ^^nfwets thereunto ; and, having duly confidered , of the Errors committed by the Author, in thai Behalf, WaS gradoufly plealed to deliver his Judg- ment and Refolution to the Lords, to be by ihem communicated to the Commiltee of the Commons.* ^H We arc not told by the Joumtih what this Refo- ^Hution was; but it may be luppoCed to liniOi the ^^Bufinefs, for there is no more Mention made of it.
Grievances of ami:ch higher Nature now embir- Proceeding in ■raffed iheThoughtsof both King, Lords and Com "'»"""/» ^e- mons ; which were that of Icnuresy and Depemgncy %n Tifiures, already fpoken of, and other Branches , of the Prerogative which will fall in the Sequel.
Some Conferences had already psfled, between the two Houfes, when the Aifliir of Cowel's Book I was on the Carpet, about "tenures. And, Manh the 10th, the Lord Privy Seal made a Report to ' the Lords of what had been done at the laft Con- ference. His Lordfhip observed, ' That the Com- mittee of the Commons infilled chiefly on three particular Points, in the Debate, on which the Matter of Tenures depended- Thefe Points were Hsnour^-Cenfdetiie and IJtihty \ to the bft of thefe ihey faid. That fmce his Majefty,outof the Great- ' ncfs of his Mind, had been pleafed 10 fct it afidc; fo they, in their Duties, would urge it no further than othfrwife it fhould be meet. And it would , be mofl proper to treat of that when the other two H Vou V. P of
2z6 TheTarl'tamentary Histort
An. 7- Jamci I. *^'
1609.
i
Honsur and CanfiUnce {hould be difcufled. Thefe hft two they confeHled were of much Weight; rpeaking in moft reverend and lender Manner of his Majetly*s Honour ; and Iikewilc affirming, ihat it was far from them to put any Thing into the clear Spring of his Con/denu, Therefore their Conclufion was, Thathts K^ajelty might be addrefled by their Lordfhips to accelerate his Anf^t'er concerning this Matter of Tenures^ as foon as conveniently he might; yet fubmttting ihemfelves wholly to his gracious Pleafure.'
Upon hearing this Report, the Lords agreed to addrefs his Majelly, as ihe Commons deJired ; a Committee was ordered for thatPurpofe ; and the Lord Privy Seal enjoined to deliver the Contents of It to the King, and bring back his Miijcfty'a Anfwcr.
March the isth, the aforefaid great Officer very amply reported to the Houfe the Anfwer his Majefty was pleafed to give to the Committee ap- pcinted to addrefs him, on :he Requeft of the Commons, aboui Tenuui, Iffc. And faid, that his M.ijtity, ftridlly obferving every Point thereof, was pleafed to give his .Xnfwer in Effect following.
* That altho* he took good Notice of the Di-
* ftintlion of Time, when the Matter was firft
* moved and the prefent } and that there are infi- ' niie AtFairs as well of State as others of Parlia-
* mcn^ which keep ihem ftill in Exerctfe- Yet,
* in refpe£l of the Humility, dutiful Carriage, ' Difcrctiin and Judgment of the Lower Houfe, ' Oiewed in this Matter; of the Wiidom of the ' Lords in moving it; and, laftly, the Seafon of
* the Year ; his Majefty had thought of thofc ' Paniculais» and was pleated that ihey fhoutd ' ireat of the Biifinefs; and chat the Lower Houfe ' fliDuld have i'pecdy Notice of his Pleafure there- ' in. Furthermore, his Majelly'mcntJoned fome
other Bunnei*; in Hand this Parliament; and
firft, of Grievances^ which he declared himfelf
' to be fo willing efFe<^lually to redrefs, that ahho*
he doubted not the good JDjfpoiJtion of his Pofte-
rUy,
J
D provide, -tm ij tneyf^^,^ 7. j^, j^ Jbould have iViiU t^O f^^ay not have Power again 1609. * to grieve ihe Peopk^
This mod gracious Anfwer being delivered, the Lord Chancellor put ihe HouJe in Mind of the Supply i which was fpoke of by the Commons at the'laftConference. And thi rcupon moved, that the Lower Houl'c might be made acquainted with his Majefty's Anfwer about Tenur^Sy as fcon as pof- fible. This was agreed to, and the Anfwer was ^^elivered to the Commons that Afternoon. ^H Great was the Joy which the Houfe of Com- ^^BOns exprcfled on this gracious Return to their Requefl j which they fignified ro the King by the Mouth of iheir Speaker, attended by ihe wliole Houfe. The Houfe of Lords too did the fame by the Chancellor ; but, we find by ihe Journals, that he was unwilling to undenake the tmployment, ft: Ore, and delired :o have it in Writing; which the Lordj would not confent to, but trufted to the Chancellor's Wifdom and Undeiftandiing of the Matter, to drefs it up as he plcafed.
And now both Houfes proceeded warmSy in their Conferences about Grievances. On the 2gth of hdarch^ the Lord Treafurcr reported to the Lords »hat was done at the laft ; and how far the Com- mittee of the Lower Houfe had proceeded in the I Matter of tenures, to this Effe<^ :
' Firft, HisLordfhip obferved that Mr. Recor- c?er of Lufuhn declared. That Eafe and Conveni- , CTice had led the Commons to feek this Matter of ^enures and their Dependents; that Love and Loy- , ^Ity bad caufed them to take theCourfe therein they [«^ad done; and thai having now the King's An- -'\ver, which was a Licence to treat of that Buli- f*~acfs, they departed, joyful in their Hearts, like
;^>c Sons of Enmus.- That this Maiter con-
fxfted of four confiderable PoinL«: r. What ihey J^cfire: 2. What they would offer: 3. How they ^"^■^'ould levy it: 4, How ihey may have Security r^^r what they feek. That of the two M, they
Ewi determined in this Sort; viz. Tlvn Km'shts P a Servist
TheTarHameiitary History
8. Jiine) I. Service^ generally, might be turned into/r« and 1610, mnmstt Soecage.''
Next follows in the 'Jmrnnh^ a long Account of ihofe pariicular Grievances^ relating to Tenures^ the Commons wanted to have redreilcd. But, as Ihefe Complaints and Icveral more, concerning the Prerogative Royai^ are all amply recapitulated at the End of this Seflion, we fhall poftpone them till we arrive at that Period. Only, obferving h«re, that the Retribution the Commons offered to > the King, in Lieu of thefe Perquifites of the Crown, was ioq,oodI. yearly; wherein they in- cluded all the E£e and Pg^, which the King ever had, in the Matters aforefaid* to be compounded for.
After the Lord Treafurer had made the forego- ing Recital to the Lords, it was Refohed,
* That to the End that Hoafe might betwr exa- mine every Particular, fodefired, and the feveral Values of them; and thereupon confider of the Offer made, in order to be better prepared to take farther Courfe of proceeding with the Lower Houfc ; the Lords fhould go into a Committee of
the whole Houfe thereupon.— But, Eajier
now Approaching, and the ParliAmenl being there- upon adjourned, it was not till the i8th of April rliat thrs Mt^tter of Temaes was ag'din refumed by the U|:per Houle. And, on a Motion ot the Lord Treafurer, becnufe his Majellty had not Jignified his Pleafure to that Houfe how far he likes of ihcfe Proceedings ; therefore he moved that a Com- mittee of Lords fhould be appointed to wait on the King, and rounderftand from him whether he fhcl] be pleafed to approve of this Scheme of part- ing with Tenures, Wf. ornotf
A Ctimmiaee being appointed accordingly, con- fiflinj of all the jireat Officers of Slate, ^V. A^t 2oth, after a Gall of the Houfe of Lords, an3~4 Tevere Admonition from the Chancellor, tor due Attendance, the Lord Trcal'urer reported his Ma- jefty's Anfwer, to this Effe<S:
•He
0/ ENGLAND, a
iSt
* He firft took Notice, That the Reafon of this prefent Meeting was to deliberate in what Manner to deliver this Anfwer to the CommiJiee of the other Houfe. For, he faid, that the Bufinefs to I which Che Anfwer was made is not ordinary; net a Grievance, nor yet a Rcqueft for Juftice, nor any fuch Matter, to which the King may or ought to be urged to any prefent or certain Anfwer. But, that this was a Suit for a va!u.ib!e Rccom- pence, to be eafed oi certain Payments and Bur- dens, by Law juftly lying on the Subjtft, and of which no Man can juftly* coniplain.' The Mat- ter requefted his Lorufiiip remembrcd to be this. That all Tenures, hy Grand Sergeanty, Petit Sirgeanty, Knights Service in Capite^ he. may be turned into tree and cummon Soccagei as of a L Manner^ which he affirmed wa? the bafeft and f meaneft Service;. Unto this Requeft his Lurd/hip reported his Majefty's Anfwer to he. That he
^ Would upcn no Ter.'^i wkatfsever part •with any Branch of his Sovereign Pre? ogcfive, whtreof the ■Tenures in Capite, /rsw bis Perjon^ which is all ene as of his Crown, was no fmall Part, But^ touchifig the Dependence upon Tenures, /uch as. Marriage, Wardfhip, Primier Seifhn, Relief, Re- fpefl of Homage, and the like, tvhich are only the Burdens of Tenures^ {the Honours and lenures re- ferred) his Majejiy is phafed ivhen he Jhall under" Jiand what Recofupence will he offered Jor them-, to give further Anfvjer, towards tontra^ing for the famtj with all convefiie/it Speed.*
Upon this the Judges were alked iheir Opinion, I * Whe'her the Tenure of Honour , Sec may be ' rejerved to his Majefty, and the Charge or Burden, with other Things of l;ke Nature, be rekafedV To which they aniwered, with Refervation, in the Afiirniative. It was ihen relblved, * Thai the IxirdTrrafurcrfliould deliver his Majefty's Anfwer J 10 the Committee of the Lower Houfe ihit Afier- loon i and leave ihe Confideration of the Couifc ^nd Means to their Wii'dom and Condmf^.*
P ^ May
An. 8. Jimei I.
t6io.
a3o The Parliamentary Histort
An. s. James I. A/c?y _^th, the Lord Treafurer acquainted the ''^ ^' Houfe, 'That neither he, nor their Committee, were at all fatisfied with the Proceedings of the Commons, in this Matter. That there was no Freedom of Debate ufed in their Meetings, which was the only Way to come at a good and fpeedy End. But, only a written MelTage read unto them, fo which, when any Thing was objefled by the J^ords, the others were debarred from making any Reply. That the Lords had obje6ted to the Com- pions, That whereas the Members of that Houfe had oiFered to give for the Matter of Wards^ Tt- nUres and Dependents thereon^ i oo,oool. per Annum^ and had received Anfwer, That his Mdjefty, as then advifed, would not accept it; nor faw any Reafon to depart from his firft Demand of 200,oool. yearly Support, and 6oo,oool. Supply : His Occafions befng now, in all Appearance, greater than before; pfpecially, as the Wardi were now deiired by theniy which were not fpoken of before, nor included ia the King's Demand. To which the Commons written Anfwer was, That they had fince entered into a Re-examination of the Matter, and do find no Reafott to alter their Offer. That their Purpofe was to have laid the Burden on the Landed Men, when it was moved to them, that they fhould think on fome Courfe to make up the King's De- mand, ^c. But, they cannot find bow fo huge a Sum may be levied, without grieving a Number of his Majefty's poorer Subjedls. Howbtrit, in all reafonable Matters, they will be willing to give hit Majefty Satisfaftion. Laftly, they acknowledge their great Obligation to him, for giving them more Liberty to treat of thefe Matters, than ever was granted to any of their Predecefibrs; and furiher than that Leave they would not go.*
Bii% In the midft of thefe Parliamentary Pro- CCt-diri'^is, in England, an Accident hjppen'd in France^ which did not only greatiy affe£l that kingdom but the Affair'; of all Europe. This ^as ihe Murder of Henry IV. King of France, by ^ detcfmitied Villain, in hi^ Coach ; in open Day- Light,
(y E N G L A N D. 131
ght, and in one of the public Streets of Pms. Ad- *• J"™a '■iir general Hiftorians are copious enough in de- '^'°' ibing the Circumftanccs of this execrable Affair, ith its Confequences; but, our Buiinefs is only find how far an Englijh Parliament was affefted it; lince Henry was a ftrong Ally of this down, d one great Bulwark of the Pnteftant Caufe. On the 8th Day of May^ in this Seffion of Par- ment) the Lord Treafurer, in an eloquent Speech,^ the Journals expreft it, not without feme fenfible iflion, in regard of the Matter which he was to liver, and of the weighty Confequence depend- g thereon, reported to the Houfe:
• That the French King, having on Iburfday ^^^ ^^ ^^_ t crowned his Queen, and on Friday havirg been fmer ac^uaiob' the Palace and returning from thence to u,c the Lords with wr/j accompanied with three Nobles, as he fat^i^^'^'^^^n- ith hb Back towards the End of Lhe Coach, paf of^FrLce.' ^^ ^ through a narrow Lane, was, at the turning, tin by a bafe Fellow with a long Knife (b). He slared the Manner of his Murder, as he had re- aped the News of it, but the Truth of Circum- ances he left to further Intelligence. His Lord- lip then difcourfed on the exceeding Virtues and 'ices of the dead King ; and, that at his Death, e bad a great Army in Rcadinefs. That he was a afltired Friend to tlie King their Sovereign, and 3 this Realm ; and an efpecial Defence and Wall etween the Reformed Religion and its Oppolites 3 Chrifiendom. He then (hewed them what Caufe bpy had to fear many Inconveniences by this Lofs j nd, laftly, he told them the great Neceflity, there ras to provide Treafure, before-hand, againft all ^Dces.'
To this Declaration the Lord Treafurer added I Motion, That a Meflage might be fent to the Lower Houfe, which was agreed to, and the Meilage iras to this Effedt: * That their Lordfhips had all :his Seffion found that the Houfe of Commons x>re great Refpeft to theirs, and defiring, like- wife, to keep up the good Correfpondence between
them; {k} M*y 3(1, CutnitK't Annuls.
232 The Tarl'tamentary History
f)Sk,%. J»tn« I. them; ss well krowing that both Houfes, though ^ 1610. fitting in fcvcral Pliices, yci make but one Body and ore great Council, have thought good to ac- quaint them with an Accident of great Importance. And, bccaufe it was fomething rare, therefore iheir I^ordfhips dcfired that fuch and I'o many of the Lower Houle, ^s they ihemfelves iliall feledt, may prefent)y meet wiih certain of the Lords, in the Painted Chamber.'' Anfwer was immediately returned that the Commons would inftuntly at- tend them.
Wc may reafonably fuppofe that the Commons received this News with as much Confternation as the Lords; and fince the Murder of the B-einh Which occafio^King was peipcnalcd by an Fnthuliaftic Romanil}^ p«.ru^i % it again alarmed the Engiljh Parliament with Popijb |auiftRectfjm«. Plots, at Home; hcig,hrcn*d ihcir Zeal for the Pre- fervation of iheir own Monarch from fuch a fuddeo Fate, and pufli'd them on to petition the King to put in Force the Laws againft Papifis in England, Alay 2 lit. King Jamei feat .1 MefTage to both the Houfes, to require their Atteiiilance in the Pa- lace of WkitehiiUy Ai two in the Afternoon. The "Jmriidh arc iilent as to what the King faid to ihcm at this Meeting, and as to the Occafion of the Summons; nor are we aflilled by any Hiftory in this Matter. Ip^ilfov^ indeed, hath given us a dref- fcd up Speech, which he fays w.:s delivered by Kirg Jamti to both Houfes of Parliament, at Whitehall^ fometime during Ihis Seffion. But, fincc there is not oi^e Word of the preceding great Accident, to fo near an Ally, mentioned in it, we may reafonably conclude, that if it ever wa-i fpokc at all, it was not at this critical Conjuncture, This Author, \\ telling us ih;U the King oblervM fomeDilTen lions to ariie between the two Houfes» and that they begr^n to run counter to his Defign?, has m.idc a rjck of Dng? of them all; and has conitiiuicd liic King the Huntfman^ or rather the
Whippir in of ihe ftragling Hounds.- ^The
Puii-ort of the Speech is to cx-ik the Prerogative of Iwingly Power beyond the Skies, acd fix it next to
God
^jod himfelf. To endeavour to extenuate his un- ^_ g, janics t ^;i]3rded Expreffions, in Favour of Dr. Cmvel's ' i6to, ^Book; and lo run a Panillei between the Excel- lence of the Civil Law,' which he calls Lex Gen- ^xum^ and the Common Law of Bngkud. To "V indicate the Ugh Cornm^Jftcn-Caurt^ againft which Ho Complaint had been yet exhibited in Parlta- XEcnt; and, laftly, lo urge his Wants, occafioned by the great Expences he had been at iince his Coming to the Crown, and to defire a Supply from them {c). â– â– - . But fince there never was a Report made of any luch Speech in the Houfe of Lords, as was then the conftant Cuftom, we may reafonably fuppofe it an Invention, defigned to blacken the Memory of this Prince.
The Bufinefs of Supply* was a Thing, indeed, ■which Ituck much with the Houfe of Commons; and they fecmed very unwilling to proceed in it, till fome, or all ol their Grievances were redref- fed. On the 26th of Mcyt the Lords Jourmh in» form us that ihe Lord Treafurer, in another elo- quent Speech, took Occalion 10 put the Houfe in Mind of the chief Motive for calling this Parlia- ment. Which he fald, befides the Celebration of Prince Henryh Creation, was to derive from the Stibjeifl fomewhai towards the Upholding the Stale of this Monarchy. In which, as his Meaning Was Well underftood, he doubted not but every Man would pur it forward. Heatfo inform'dihem that the Nectflity of the Supply increaftd, and much Time wa*; fpent ; though, notwithftanding, there had noi been gained of the Comtnons fo much as to have a free incercourfe of Arguments, bur only McfTages about ii. Wherefore, his Lordlhip mov- ed, That a fpeedy Conference fhould be deJired of the Lowtr Houfe, not with H pe. at ihis Time, 10 gain what Is wifhed, but to oehver to them the Convenience and Neccflity of i.ch a free Confe- rence. By which Courle, he conceived, the Thing might be better iniufcd and fprfiad in that Houfe,
than
(t) Wlljon in Kenn(X, Vol. II. p. 682.
154 TheTnrl'samentary History
An. s. Jama 1. than if it was carried unto them by a Pcrfon there- i6»o. onto appoiiitetJ. He further told the Lords ihat he underftood many of the Lower Houfe w«e departed j and an Injunfhon wa$ laid on the Re- Diarnder not to conclude any new Thing before the Return of the othere. Yet, hisLordfliip con- cfived there was ? Power left wirh thele that re- m.iin to dehaie other Matters; in which, perhaps, a Perfuaficn njay be wrought to luch a Conference as is defired.* :
After tbjs» it was refolvcd that a Meflagefhould be fcDt to the Lgwer Houfe lo defire a Conference, with tlicir Committee, on Ttttures^ he and An- fwcf was foon after returned. That the Commons agreed to this Propofal. The Chancellor of the Exchequer, who with others brought this Anfwcr, h'kewile, informed their Lorc'fhipa, ' That the Commons lud well coniidered of the Matter which aid, at this Time, concern the Safety of his Ma- jcfty's Pcrfon; and had iboughr good lo propofe unto them fome Things, in which they defire their Lor<l(hip5 to join With them in Petition to bis Majvrty.' Kirft,
' ThatProcbmalion be made for'hwith. tliat all Retujantif before the 2d of Jutie next, do avoid iheCiiy ; and rcfon tu fuch Places where tliey are by Law confined ; and not lo rcm.»in within ten Miles of the Ciiy or Court without Licence/
' 2. That all Rtcufum be diiarmcd, and their Aims dif[}ofed as the Law requircth.'
' 3- That no Subjedl do refort to the Houfe of «y Embafl'ador to hear Mafs* , * 4. Th-ii all Jffrifs be impiifoncd, and not permitted to have Conference.*
• 5. Thai the 0.ith of Allegiance be admioi- rtred in the Court, by the T/irds ;md othcn of the Council to all thai ought to receive it> ondf in the Country, by the Jufticcs of Peace/
Aufivtr. That the I,ord8 will be ready tn jolo with the Commons, in fuch a Petition 10 tl#o Jwing, when (bey can tix upon a proper Method to du it<
Afwt
^m
riT'^rri'
©/■ENGLAND. 13s
After the Meflengers were withdrawn , the Lords An. t. Jsma I. lecnt into Confultation amongft themfelves, how ' «•««• beir Committee fhould aft the next Conference iwut the Supply. And, it was agreed that the '.^ord Trealurer fhould open the Matter to the i)mmons ; and endeavour to fliew them the Dif- ference between a free Conference and a dry Meet- Dg, and the Likelihood of the former's Aicceed- ng. Next, to put them in Mind of their firft Of- cr of ioo,oool. per Annum* wherein Purveyance vas included ; and if they de&ed to have that ^ven up too, then they mull enlarge their Sum. !jaftly» That though his Majefty's Occafions are Bcreafcd, fince his Demand of 2oo,oool. per An- nmr, yet he was plea fed to abate thereof, and berefore to wifh the other Side might advance. Df all which, if they were willing to debate, then lis Lordfliip was to ftiew what the King would fall X), and to deliver the Opinion of the Committee )f this Houfe which Way it was to be raifed. AU he Lords to have Liberty to fpeak to this Matter n the Debate, as well as the Treafurer.
May 27th, the Lords prefented a Petition, or \ddrefs to his Majefty, for the putting the Laws n Execution againft Popijh Recufants^ &c. And, }D the 30th, the Archbifhop of Totk reported his Majefty's Anfwer to it, That he took very gra- :ioufly this Motion of the Houfe of Commons, in regard to his Safety, as proceeding from their Du- .y and Love i and will, with all convenient Speed, Donfider thereof. Accordingly, fome few Days ifter, a Proclamation came out, commanding all Ramijh Priejisy Jefuits^ and SeminarieSy to depart the Kingdom by the 4th of July next; and all Riiufints to return Home to their Dwellings, not to come wifbin ten Miles of City or Court, and to jiemain confined according to the Statute, in that Cate provided {d).
On Saturday the zd of June^ the Lord Chan- cellor acquainted the Hou:eof lords, That it was hisMdjefty'sPleafure they fhould all attend in their
Ro(m$
i^) CntiMuatitn of J^towe'i Cifren, p, 905*
The Fortn «f the Cteation of Htn- ly Prince of
'
236 Ihe Parliamentary Histort
8. janMi. Rob€5 at fVkitehalii in order to be prefent at the i6»i Creation of the Prince of iVaki^ which was to be ibitinnized on Mondijy tlic 4th of June. The Lords Joitrnais have prelervcd the Form of this Creation ; and, as it is fomewhat firigular, we fhall tranicribe it fWhaiim from that Authority. ' Die Luna ^to yu/di^ 1610. REX. Jrcbifpiftspui Ebor. Deminus Elleftnore, Can- Epfc. London. isUanm Anglic.
Durham. Comes S:;rifturicnlis,
Cutfi 1 b dliii Epif- Cum U 2 aii'i Cmitihus^ icpii* Vtio i fu:omit!!y
'- _ , £/ 34 Baronihui.
* This Day the Chamber, commonly called IP'hitthaU^ or the Court of Requefts, wa3 very richly hung from ihe upper End more than half <iov/n towards the lower End, where was fet up a ftrong Bar of Timber thwart the Room. In the higbcft Part of the Room was placed, for his Ma- jclly, a fumptuous Clorh of Eftate, and of either Side '-'Catlblds for EmbalBdors of foreign Countries. On each Side againft the Walla were ercLkd Seats, one above another, for Strangers and noble Perfo- nagcs, v\ith the Lord Mayor and his Brethren in the Midlit. Upon Forms srd Wool Sacks did fit a)] the Lords of Piidi-tnient, sud ihe Judges in (heir Robes i and likErwife the Officers and Attendants as on the Days of fitting la Parliament. Below the Bar was placed the Speaker's Chair ; Forms on the Ground, and Seats on each Side, one above another, fit and convenient to receive the whole Houle of Commons. His Majefly being fet under bis Eftftte (for whofe Coming all ihe Lords in their Robes arid Seats, except fuch as attended his Pcr- ibn and the Prince, as alfo the Speaker and alt the Lower Houfe did wait and attend rf the Prince, his Hghneis, honourably attended by divers No- bhmen, ihc Kni^ihw of the Bnth^ Officers at Arms, and his own Servants, entered in at Ihe neiher End of the Houfe, and was with great State and Solemnity brought up to theFooi-Paih before
the
0/ E N G L A N D. 037
the King 9 where, kneeling at the firft, and then An. s. juva X,'
flanding>hisHighnel'swa8» with all dueCeremonies, »6io, created Prince of ^aUs and Earl of Chejier; and a Patent thereof fiifl read by the Lord Treafurcr, principal Secretary of his Majefty, and afterwards delivered to him. Which done, and ali Ceremo-. • dies finilh'd which thereunto appertain, the Prince, his Highnefs, in- great State and Magnificence, feme little Time afrcr the King's Majclty, departed the Court at W.udaU*
Some few Days after were allowed for Tri- umphs, Mafques, Shews, Recreations and other Diverfions on this Occafion ; all which are amply delcribed by the Continuatar of S/eu-c's Cbrouuky and others- On the ytti of June the ParUamenr met again, by Adjournment ; and the fame Day the Lord Chancellor, in a grave Speech, declared to the Houfe of Lords, ' That ihc great Care which their Lordfhips and the Lower Houfe had for his Majefty's Safely, had produced a Pniclamation, that contained a Claufc commanding all Bilhops, Jufti- cesof Aflize, Juftices of Peace, and alJb all others of his Majefly's Officers, whom it may concern, 10 minifter the Oaih of Allegiance, according to the Laws. His Lordfliip further told them, that, according to the Petition of the two Houfes, the Lords of the Council had already been fworn by the King himfelf, in the Prcfence of the Prince. That the Lower Houfe had generally taken the fame Oath i and that it was the King's Pleafure that the Rcfidue of ihe Lords, Spiritual and Temporal, fbould do the like.' This was immecliately com- plied with, and atl the Lord* prcfcnt Were fworn by fix of the Privy Council, and the reft as they came to the Houfe fame Days afier v and the Oaths were likcwifc adminiftcei^ to different Per- fons, both Clergy and Laity, all over tiie King- dom. Moreover, a Bill was brought in this Sef- fion, and palled inio a Law, for adminiftring the Oath of Allegiance to Wctnen ; and for the Refor- mation of married Women, being Rccufitnts (e).
(t) hxu 7. yjf 1 1. Capi 6, Sratutn at I^rgr,
238 The Tarliamentary History
An. 8. Jam« I, But during the Formalitks of thefc Pageants, is^f. 1610. [he great Affair of redrelfing Grievances, and granting Supplies, was fufpended ; and the Sealbn of the Year being now very far advanced, it was fuppoied that neither of ihem would he done this Seflion. The Lords had many Timts urged the Commons to come to a free Conference about them, but with no Succefs ; but, June the i8th, a Mcllage was feni by the Lower Houfe to the Lcrds, importing, • That they row defired a free Conference with
J^a^7Z^nz^\l ^^^^^ Lordftiips, as loon as they pleafed 10 appoint ;
TcnMCB, &c. and that their Lordfhips (hould come prepared to give Satisfadlion to the Committee of the other Houfe in three Points, viz,
1. 'What more the Lords would offer unto the Commons to be confidered of, above the ten Things already propoied, and above that which they of that Huufe have thought on 10 be given by Way of Retribution V
2. * That the Lords would deliver unto them the loweft Price of ihofe Things which they {hall have to contra^ for.'
5. * What Courfe may be taken, and what Proje£l:s their Lordfhips will propound, for levying that which {ball be given, otherwife than upon the Lands?'
The Lords took fome Time to confider of this Mdlage, becaufe, as they fent Word to the Com- mons, the King was to be confjlted about it } and they appointed a Commitlee to wait upon hisMa- jefty accordingly. l"he King was not over hafty , in giving: an Arfwer to a Matier of ihatareat, Confequetice ; and it was not till the z6th of yune that the I^ord 'I'reafurer reported his Majefty's AnAver to the Lords on the three Points abofe given. To the firft he f^id,
I. *Th3t he durit to m put Confidence in the Lords of the Coi'imitiee deputed by this Hoiifc, ihiit he wt,uld leave in them an in>plicit Truft to ircaL of whatever may tend to the Good and Eafe
of
â–
0/ ENGLAND. agp
•T theSubjedt, withouc touching his Honour, or An. 8. jameiL taking thai from )}\in '.vhich he may not fpare/ '^"*
2. * To the lecond, his Majcfty is plcafcd to fet a Price, as is defired, but he requireih to have one Nighfs Rdpite more, tofleepon it ; and this Day he would fend his Aniwer and good Pleafure, in VVriiingi before ilicr Conference'
3. * To the laft Point, his Majefty leaveth and doth rcpofc Trufl in ihc Lords to propole, anf- wcr and diipuie, a^ they ihalL chiiik good and fee Occafion/
To this AnfwcT which the Lord Treafurer deli- vered, the Lord Privy Seal added, 'That his Ma- jefty was hkcwifepleafed to require the Lords, in ihis Conference, to confider that they are ^WP^ers and equal with the Council j and that, accordingly, they will have equal and like Refpefl and Care of the Service* and be Pare! in Omrt^ alfo.'
We arc now left in the Park, by the youniah^ in what was further done at thole Conferences, til] the igih Day of July ^ when we find a Msma-
â– r/fl/ entered, as th.il Day, in ihefe Words: ' MeniGr andum ^uod Die Martis 10 D/V Julii, And on Matter 1610, in the Afternoon, as well the Lords Spiri- "^ Grievance* lual and Temporal, as the Speaker and the whole "^ InipofiuoM, Houfe of Commons, attended his M-jefly, in the great Room or Chamber, called the Banqueting- Houfc at ffbiahaH, the Prince and the Duke of Tcrk being then alfoprefenti where, after his Ma- jefty had vouchfafed, very princely, to declare, in general, his Intent concernng fuch Impolitions, as the Commons, by their Grievances, lately ex- hibited unto him, had complained of. And ihe Lord Treafurer having likcwife by his Majelty's Commandment and Dircftion, opened more par- ticularly, in a long and exait Speech, the Nature and Quality of ihefe Impofiiions, with the Caufe ,
and Order of raifing the famci (which hie Lordfhip af&med to have been chiefly done before himfclf was Treafurer, by advifed Courcjl, firft taken, and by divers Conferences, firft had wi:h many of the principal Merchants of all Companies, and
with
a40 The 'ParHamentary History
AB.S^wnesi, with ^heir Aflcnt and Allowance, and not to be in ihal Kind bunhenfomc, as generally is conceiv- ed J His Majefty was then pleafed, in a fccond Speech, to remember that he received from the Commons their Grievances but on Saturday laft, fo as this being Tudday, there hath been orlv two Days paft ; ana therefore to all their Grievances they might not, at that Time, exi^eft Satisfadtion ; howbeit, to Jbme o( them, they fhould piefently rcceive.hi? Anfwer ; which, being formally put in Writing, by Direftion, his Ma- jefty commanded the Clerk of the Parliament, openly and diftin£lly, to read 9 which accordingly was doncf and were as follows, viz,
GrieTance. hnpfittm tf CM Skil&ng upsn the Chalder of Sea
Coals,
Anfwer*
Grievance.
Aafwcr.
There was never any Impofition laid upon the Sea Coals of Bfyth and Sunderland^ by the King's Authority ; but i: being conceived that they were Members of Newcnjile, (and fo wiihin their Com- pofition) they were only mentioned in fome Let- ters Patents with the Town of NewcajVe. But, it appearing that they were Things diftinft, let the faid pretended Impofltions belaid down, and no more taken.
Exafikn for fealing ef new Draptry.
The King iiath received no Knowledge of any Ahufe of the fiid Patent ; i^nd if any Complaint hath been made unto his Mjjefty's Courts, he doubrcth rot but Jullire hath been done j and it is his Majcfty'sexprtCs Will that all fiich Abufes,iipon due Complaint, be reformed. And, for the Right and Validity of the faid Patent, his Majefty under- ftandcth that rhere is a Suit depending, wherein the lame Is brought in Qucftion, which hath been diveis Uays fokmnly argued on both Sides, and is now read) for Judgmert, wherein his Majefty rcquircth the Court to proceed with all Expedition.
lmp9fiti9H
0/ E N G L A N D. 14?
An. 8. Jinui U
Impafiisfi upon Ahhoufes. Crieinl^'
The Intent of ihat Ordinance was Matter of Anfwer. Reformation, becauie Alehoufes did multiply over much hy the Favour of Licences ; and for the Profit it was but an Incident which his Majefty leaft regarded ; and ihat it might be done by Law, it was warranted by the Opinion and Advice of the Lord Papham^ and the principal Judges of the Land i who, upon Conference with otherSj main- tained that referring the Power of Licences to the Juftices of [he Peace, by the Statute, was not privative to the King's Power in that Cafe. Bur, feeing it is a Thing to much de(ired to be removed, and cfpccially fincc it leeraed to breed a Jeaiouly in his loving Subjefts of a Precedent of impofing Payment upon them within the Land i let it be hid down and no mure taken.
JHonop&ly af Licence cf Wuiti^ upan the Advantags^nvntxt* of old and impoJpbU Laws,
The Law, though old, as they affirm, yetwasABfww. ftill in Force ; and it feemeth the Commons, (if they will remember fome of their late Proccedbgs) t,'0\x\6 be loath todifclaim making ufeof old Laws. Neverthelefs, at their Prayer (laving the Patent which they thcmfclves acknowledge to have been made in Favour of fo great a Perfon and of fo great Defert) his Majefty is content a Law be paf- icd for reftraming any iuch Licence to be made in Time to come.
Thefe Conceirions of ibe King make It appear that hitherto he wa6 willing to keep in good Terms 'Xviih his Parliiment; and. though fmall in thcm- â– ^dves, in Comparifon o\ the larger Demands of the ^Cummons, yet they feem to pave ihe Way for a Iperfcfl Union between them. I( is certain what the King was dcfired to part with, were Things, ^me of ihcm, that had been tranlmittcd to him, "Itrou'h a long Series of his Predeceflbrs ; and
Vol. V, Q, oihen
li The Tarliamentary History
others which had been fct up, or laid on, in the Reigns fince the ReformaVon \ and, particularly, in the hft. Who the Perfon was, mentioned in a Parenthcfis of the laft Anfwer, is uncertain; it fcems to be either ihe Prince or the Duke of Tsrk ; for Gtorge FilUen, afterwards Duke of Budlngham^ did not make his Appearance at Couit, [ill near five Years after this Period.
We may fuppofe that thcfe Aufwers from the King, met with a favourable Reception by the Commons ; for, though the Journah do not ex- prefs lb much, yet, fome few Days after, the Bill of Supply was fent up by them, confifting of one
A Supply gnnt- entire Subfidy and one Fifteenth and Tenth from
**' the Temporality.
On the fame Day, July 17th, the LordTrea- furer reported to the Houfe of Lords, * Thathim- felf and fome other Lords, not as Members of Par- Jranient. but as Perfons otherwife interefted in the King's Service, did the Night before acquaint his Majefty with the Effeifl of a Conference, held that Afternoon, between the Committees of both Hou- fes; and that he had got the King's Refolution on the Mailer, under his Hand, which was alfo to be imparted to the Commons, and which he read to the Lords in thefe Words:
JAMES R.
Righ: trufty and well-beloved Couf:ns, w^'c«''*of'^''* rj^/^/N'C uriderflcod what hath faffed in ioo Sol"/ year- * 7™^ Conference with our Lower Hsuje, and \y, in lieu of ptrufsd ths Memorial of your Deftres ; we are n9W determined to anfwer yjtty in the Point of the Price ^ as it Jhall appear in vjhafi Heart Sincerity is hdged. Of the Particu/ari newly cor.ie is the Prefsy we prejume you have Ji> well lemembertd ivhat tg jw part toyuur FeHffWiy as it Jhall appear tc them what Optnion we have of their Rejpcii ts our Honour; and how hath we zvould be for Money^ ts eontrah for thcfe Thingiy with which Juji and gracious Prin- ees havt been ufed ta bind their Su^eiit, In the
vshiib
'icmltej, &c.
J
0/ E N G L A N D. 243
which we do promife on the iVord of a King, ("whereof j^f^^ g, j^mj, i_ God is If^Hnefs to •whom all Hearts be open) that 1610. how/sever thoje that (arinot judge of a King's fleiirt, may feed themfehes with falfe Fears and Jealoufieij That Prince Hveth not that more defireth to derive Strength from his Sui/jeils than we do. And^ there- fore^ afier ysu have laid before them, how firangt it is to us to be prefjed in fi many Things which havg been left to the Grace of Princes ; wherein we mean no more to vary from the antient Greainefs of our Progenitors, than they who are out Subje£fs can 'be content to di>, whs prefs fi/I in all their Speeches to Hve More Majoram : Tou Jhali tale the Liberty^ in our Name^ to accept the Sum of 200,000!. yearly^ for ciU thefe Things which we have offered before, or have now vouchfafed to part with to ym and them. In all witch, we doubt not hut you zoill make it ap- pear how far we are contented to borrow ofourfelves^ for Satis/hilion of our loving Subjttls. And fo we bid you farewell. From Theobalds, July 16, 1610.
Superfcribed, Ti.our Right Tru/ly and Right well-beloved Couftns^ and to our Right Tru/ly and well-helsved the Lords of the Higher Houfe ef Parliament.
This written Meflage from ihc King, being im- parted to (he oilier Houfe, it produced mere Con- ferences between the Committees, appointed to fettle the Affair, called now the Great Contra^ be- tween King and People. On the igth of July^ the Committee of the Lords propofed to the Com- mons, That the Kirg tn'fght have Security in Land for the ftoo, cool. /-fr^^wnam; andlhatfome Ordinance or Entry may be niade^ before the Re- cefe of the Houfe, which may both bind the King and them to the Contra^, which their LordQiips conceive to be already concluded i fifpecially, fince Time will not nov/ ferve 10 have it pafs into an
A<a.
An, 8. Jiniesl. j6io,
a44 The Parliamentary History
Jubf the 2ift, the Lord Treafurer acquainted the Lords, That he had received from the Com- mittee of the Lower Houfe a Memnrial, contain- ing the Subftance of the molt material Poims in the Great Contra^ with his Majefty, and read the fame to the Houfe. Ordered^ ' That the like In- ftniment ftiould be drawn, as their LordQiips Af- lent unto the faid Contraff \ wherein the fame Power and Liberty ftiould be referved to his Ma- iefty and to the Lords, as the Commons had, by the faid Memorial, referved to ihemlelvesj and thercfn the fame Words to be exprelTed, viz. Ad- denh^ Mirtmndo^ Inierpretanda^ i^c^'
July (he 23d, the Lord Treafurer read to the Loids a Draught of a Memorial, penned by his Lordlhip, according to their laft Order; which was approved of by the whole Houfe. And it was ordered that both the R^emorials fbould be re- giftred in the jAvrfffj/ Books of that Houfe. And, on that Day in the Afternoun, the King and Prince ome to the Houfe; and after hearing a Speech, from the Speaker of the Commons to his Majefty, on prcl'entJr.g the Suhfsdy Bill, anH other Bil!3> the King himfelf was plcafed to make a fhort Speech to both Hcufes, (but full of Learning and prince- ly Wifdom, as the yournal expreflb it) to this Effea:
' He firft told them. That the Time was fo far '. fpent that it was a fufficieni Excufe for him to
* rpenk without Preamble i therefore, he put them ' in Mind that at iheir laft Attending of him at
* HVttebally he then, by his own Mouth, promi- •■led them ilwt he would, before the breaking up
* of this iscflion, give ihem Anfwer to fuch other *â– of their GrievancfS as they of the Lower Houfe ' had prefcnted unto him, and which, then, he
* did forbear to anl'wer.' Then the Clerk was commanded to read hia Majefty's moft gracious Aft' fivets to the Grievames aforefaid, which were as follow.
But, before we give this long Account of Grie- vances and AnfwerSj as they are enired in the
Lord*
I I
I
*
Lords JcurnaU^ it is proper to look back into the An. g Tanas l Proceedingsof this Seffion of Parliament; in which, " ifiio. befidcs th; Subfidy Bill, fix Shillings in the Pound, granted by the Clergy, Was alfo confirmed. In ihe printed Statutes , arc 24 public Afls mentioned ; and in the Lords Journah are the Ti lies of 15 private ones which were paflcd, but few or none of ihem material enough to deferve Mentioning.
We now conclude all the Proceedings of this Seflion, worth our Notice, with the followiiig Memorial, extra^cd from the "Journah of ihe Houfc of Lord%\ which, by his Majefty's Com- mand, was read ro borh Houfes, on the laft Day r of this Seflion of Parliament. After the Reading of which, the Lord Chnncelior, by another Com- mand, prorogLcd this Parliament to the i6th Day of O^der next enfuing.
His Majejifs Anfvjen delivered to the whsk Affeni' biy of bsth Houjesy th 2}d of July, l6io, unto eertaiti Grievances formerly delivered 10 hii Ma' jejif hf the Knights^ Citizens and hur^ej/es af the Csmmom Houfe of Parliament,
* rpOUCHING the Execution of thCj^.^^^.^^ .
* JL Laws of this our Realm made againft Anmc^Vother
* Jeluits, Seminary Priefts, their Receivers, and all unrvanc^, at
* other Popiih Reculants, wc hive lo fuffidentlv ^J* J^^^^j^^**" ' exprefs'd our Care and Refolution in our WriT-njgj,(_
* ings, and in our tate Proclamalion ; as alio in ' our late Speech concerning this Point, as we
* fhal! not need to give any further or more par- ' cular Aiifwer in that Behalf.
' There h;t[h never been hitherto any particular « Church in the World (for ought thnt we have
* read ur heard) that hath allowed I'uch Minifters ' to preach in it as have refufed to fubfcribe to ihe
* Doifltine and Difcipline fettled in it* and m^in-
* tained by it; and hereof the Reformed Ch'jrc'ies
* in France do yield a Irefh'^xample, who have
* and do daily require Sublcription to the Ariiclcs
* of iheir Synods, iho* very many in Numbtr;
* ncvenliclels, as in our own priiicelv Judgmrnl,
Ct3 * we
Ao. 8. Junes I. 1610. *
t
we ever intended to make fome Diftinflion be- tween the Perfons and Dilpofiiions of the depriv'd and filenc'd Minifters, in regard of better Hope of Conformity in fome than oihers, although they be in the fame Degree Offenders by our Laws; fo we {hall bepleafcd, when we know the Num- bers, the Names and Qualities of thefe for whom this Petition is made, to ukefucb Order in that Behalf, as in our princely Wifdom we fhall hold moft fit and convenient for the Good and Peace
* of the Church.
* Although never any Chriftian King had in â– greater Deteftation ;he covetous and iramode-
* rate heaping of many Benefices together, cfpe-
* cially where the Negleft of the Cure is joined
* therewith ; yet it cannot be expelled at our
* Hands, that we fhould in this, more than in any
* other Cafes, abridge any of our laving Suhjefl^ ' of that which they have in exprefs Words granr- ' cd unto them by the Laws of this our Realm ;
* or if we might lawfully in this Cafe fo do, yet ' we fhould not hold it convenient, until fome
* farther Provifion be made that tht; Benelices ' of tJiis Realm might be made competent Livings
* for godly Minifters and learned Preachers; and
* ihatwithfomeDifference in Proportion anfwera-
* bletotheirGifisand Merits. In themean whilc>
* the Number of Minifters now qjalificd to enjoy
* two Benefices, with Cure, will be greatly di- ' miniihed, if luch as have Power to qualify,
* would abate the Number of their Chaplains al- ' lowed them by Law, as we are refolved for lint
* Caufe to abate ours; befides we will lay ftri^fl
* Charge upon the Bifhops, under Pain of our
* Difpleafure, ihat fuch Minifters as either now
* have, or hereafter Ihall have, two Benefices,
* wiih Cure, ftiall carefully obfetve the 4 ill and ' 47th Conllitutions, connrm'd by us j^ntiif 1603, ' whereby it is provided that every fuch Parfon as
* haih two Benefices fliall (where he dolh not
* rcfide) rnaintain a Preacher, lawfully allow'd,
* that
I I I
I
0/ E N G L A N D. 147
that is able fufficiently to teach and inftruft theAji. 8. Jamej L
People in bis Abience ; and in cafe the Bi(hop upon ComplalnL made unto bim, Jh:)l) negleift his Duty in taking Order with fuch as have ingroITed Benefices into ilieir Hands or 'h.ill not have provided for the fcrving of the Churches with fufiicient Preachers in their Abfence, upon Information given thereof toourfelvcs, we mail make it appear how much we diflike fuch Neg- kdt, and how much we tender a Reformation in fuch Cales.
* By Occafion of the Conference at Htimptm^ Csuriy in the Beginning of our Reign, and upon fome other Complaints* our Clergy, by our DiredVion, nude a Conftitution with a Condi- tion which weconfirmL-dj wherein t:l)ey Ihewed thcmfelves very willing to forbear the Ccnfure oi Excommunitation for Contumacy, where the original Caufe was of no great Weight, and of private Intereft, fo as there might be a Law made whereby Contumacy in fuch Cafes might othcrwile be fufiklenrly puniflied. And accord- ingly they cauJed a Bill to be drawn for that Purpofe, and exhibited unto the Lower Houfe, which found no Paiiage there ; neverthelefs, when fuch a Bill fhall be hereafter agreed upon as may enable our EccIefialUcal Judges condignly to punifh the faid Contempts, in the Caufes men- tioned, oiherwife than by Excommunication, and fo produce the Reformation which is fo much dcfired, we fhall be plcafed to give our Royal AiTcnc unto it, fo as it fball reil in our Hands to ciFc<^ that which is defir'd. ' Touching the Inconvenience and dangerous Extent of the Statute i EHz. Cap. I. our ap- proved Care for the well ordering of Ecclefiafti- cdl Courts and Caufes, ought to banifh from the Conceits of our loving Subjects* all needtefs and imaginary Fears i nevcrihclcfs, wc are plea- fed to allure them by our Royal Promife, that our EcclcQaftical Commiilions ftiall not be directed to fuigular Pcrfons, but to fuch a Number of
Com-
1610.
An. ft. Jama I.
l6so.
248 The Tarltamentary History
Commiflioncrs, and them fo felefled as the Weight of fuch Caufes doih require; and that no definitive Sentence be given or pronounced by tuch our Commiifioners under ihe Number of feven of them, filling in Court, or fh'e at the leaft, and that only In Cafe of NeCeffity. And furlher, that we fiiall not take Advantage by any Power given us by that Statute, to grant forth any Forms of Commifiions extending fur- ther than to ImprilbnmcDt, and reafonable Fine : And likewife that we fhall reftrafn fuch our fe- veral CommifHons to the Number of two, the one for the Province of CanterbuTy^ and the other for that of Turk; belides we are refolded to eftablifii an Order touching the Ufe and Prac- tife of our faid Commiflions, as that none of our loving Subjecfts (hill be drawn from remote Pla- ces, either to London or I'or-t, except it fliall be for fuch exorbitant Offences as are fit to be made exemplary, and for the Enumeration of Eccle- fiadical Caufcs in particular ; and as it is a Matter full of Difficulty, fo it is needlcfs, as we fuppofe, confidering that they are already fo limited and confined that no ancient Canons orSpiritual Laws are in Force, that are either contrary to the Laws or Cuftoms of this Realm, or tend to the Da- mage OT Hurt of our Prerogative Royal. ' For the Grievances apprehended in the Com- miflion. Firft, a Sovereign King being Mixta Perjcna^ and having Aulhuri:y, as well in Caufes Eccleiiaftical as Temporal, it was with great Wifdom ordain'd, Matters of the Church be- ing many Ways impugned, ami rhe Cenfures of it grown into Contempt, that there (hould be a Commiilion, confifting as well of Temporal as Ecclefialtjcal Perfons, who might have Power for one Offence at one Time, and by one Sen- tence, to infiift as there (lioul.j be Caufe, both a Spiiiiiial and I empornl Funifhaient. But as to the Enquiry by Juiics, it hath not for many Yesrs been pr:i6^iied, and we are content that hcrci^ter it be omiued in our ConmiifTioD- And
' con-
\
Of ENGLAND. 24"
concerning Appeals, the Ufc bath always been An. 8. jiraetL to exclude them in Commiflions of this Na'.ure ; * **' and yet if any of our Subjefls fliall be juftly grieved with any Sentence given by our Com- miflioners, we ihall be content as we find juft Caule, to grant un:o them a Commiflion of Re- view : Alfo for the Execution of divers Statutes aimed at in your Grievances, aiiho' it hathb«;n from Time to Time committed, in fome Sort, unto our Commiflioncrsi and that every fuch Commiflion haih been ftil'd and penn*d by the Attorney- General, with the Advice of the chiefeft Temporal Judges ; yet we are well pleas*d, and will give Commandment accord- ingly, that our Temporal and Ecclefiaftical Judges, affifted with our learned Council, fhall confer together, concerning the Exceptions by you taken, to the End that hereafter our faid Commrflioncrs may have no further Power to intermeddle with the Execution of any Part of the faid Statute, than it flsail be found fit for our Service, neceflary for the Supprefling of Popery and Schifm, and no Ways repugnant to the Laws and Policy of this our Kingdom. But for making any Innovations in the Forms and Proceedings heretofore ufed by our laid Com- miflioners, we know no Caufe to depart therein from the Example of our Pjogcnitors, nor from that which the Laws of this our Kingdom hath approved ; and touching Fees, fince it is a Court by Statute erefted, and no Fees in the Statute cxprefl'ed, it was very fit that the Commiffio- ners (liouM have Authority to limit and appoint to every Officer his re.ifonaSle Fees, and we will commend tlie further Care thereof to fome principal Perfons of o'jr Commiflion to take a View of them ; and as lo reform what ihcy find amifs, fo to eftablifh lUch as fhall be mode- rate and real'unable.
* Touching the Grievances found in the Exe- cution of the Commiflion, we know that there is no Cotumiilion nor Court, eitJiet ot Ecclefiaf-
' lical
^A
2J0 Ihe Parliamentary Histort
. jatDcsi.' tical or Temporal Jurifdidlion, but may be fub- 5»o- * jcft more or left to Abufe in the Execution of
* their Authority j ncverthelefs, it is our Part
* to have our Ear open to receive Complaints of ' that Kind, efpecially from our Parliament, when
* we fhall find them to be juft i and therefore our f Purpofe is to fee iuch Reformation to be made ' of all Abufes in the Execution of the faid Com-
* miifion, as may beft procure the Eafe of our
* SubjetlsfromChiirgeor Vexjiion, and fuch Pu- ' nifhcnent to be iiifiii^ted on Purfuivants, or other ' inferior Minilters, which fliall be Offenders, as
* may rcprels fuch Mifdcmeanors In Time to
* come.
* It is our princely Cafe and Office to uphold ' and maintain all the Courts of Juftice, both £c-
* clefiaftical and Temporal, within thisour Realm; ' that none of them encroach upon the other, but
- * keep itfelf within the true Bounds and Limits
* thereto appertaining. Neither is it unknown ' (we fuppofe) 10 ihe whole Realm, what Pains â– we have already taken to that End ; and we pro-
* pofe (God willing) therein to perlift, until we
* fli^U fettle a certain Order as well concerning ' Prohibitions, as the Incidents thereunto belonging, ' that no one of our Courts may be prejudiced by
* another. And that (all late Inventions and No- ' velties on all Sides cfchewed) Prohibitions may
* freely proceed from fuch Courts, in fuch Caufes
* and in fuch Form, as by the ancient Lav/s of the
* Realni hath been accuftomed.
' And touching Writs of Habta^ Corpus^ aad ' Homine RepUgiandOt our Pleafure is, that they ' be granted according to Law. *â– * Although we know well that by the Conftitu-
* lions of the Frame and Policy of this Kingdom,
* Proclamations are not of equal Force, and in
* like Degree as Laws ; yet, neverthelcl's, we think ' ii a Duty appertaining to us, and infeparably ' annexed to our Crown and regal Authority, to ' reftrain and prevent fuch Mifchief and Inconvc-
* niences a^ we fee growing in the Common-
* Wcalttii
O/^ E N G L A N D. iji
* Wealth, againft which no certain Law b extant, An. 8. Jmct'i.
* and which may tend to the great Grief and Pre- x6io. ' judice of the Subjc£h, if there fhould be no Rc-
' mcdy provided uniil a Parliament ; wliichPrero- ' ^live our Progenitors have in antient, as well ' as later Times, ufed and enjoyed. Bat if filhence ' the Beginning of our Reign, Proclamations have ' been more frequent than in former Times, or ' have extended further than Is warranted by Law, ' we take it in good Part to be informM thereof
* by our loving Subjedts, and take it to Heart as a
* Matter of great Confequcnce ; and therefore we
* will have Conference with our Privy Council, ' and with our Judges and iearned Council, and
* will caufe fuch our Proclamations as are paft, to
* be reformed where Caufe ftall be found ; and for
* future Time will provide that none be made
* but fuch as ihaJl ftand with the former Laws or
* Statutes of the Kingdom, and fuch as in Cafes ' of Neceflity our Progenitors have, by their Prc-
* rogative Royal, ufed in Times of the beft and
* happieft Government of this Kingdom. • Our Defire is, that all our Subje^s univerfally
* may be governed by the Laws that make beft for
* the Peace and Quiet of the Country where they ' Jive, and whereby Juftice may be equally and ' fpeedily adminiftred, as well lo Poor as Rich, ' with leaft Charge and Expence ; and for thofe
* four Counties for which Suit is now made to ' have them exempted from the Jurifdiftion of
* cur Council in JValeiy and the Marches of the ' lame, we conceive it to be a Matter of very
* great Importance i for it tendeth toiheAltera- ' tion of a fettled StiUe of Government, conri-
* nued by the Space of many Years, in the Times ' of divers Kings and Queens, our Predeceflbrs, ' advifed by as wife and judicious Privy Counfel-
* lors, and executed and put in Ufe ever fince the
* making of the Statute jf Henry VlII. that gave *â– Strength [o the Government, by many as grave, ' reverend and learned Judges as this Realm ever ' bad, who lived at and neareit the f irae of the
' iaid
7he Tarliamentary History
AikS. JmMl.' faid Statute, and therefore beft underftood the' **'*** * Senfc and Meaning of it. Therefore we find
* our Crown, upon fo good Grounds, fo long â– poITefied of that Form of Government in thofe
* Farts; and having holden one conftant Courfe, ' * ever fithence our coming, to keep the State of all
* Affairs of this Realm, and efpecially of Juftice
* and Government, the fame we found; to the End
* there might, in a manner, be no Shew of Change
* by us (which hath been juftly obfcrv'd as an
* apparent Mark of God's Blefling upon us and
* our Kingdom J we have retained and continued
* Hill the fime Government in thofc Counties,
* with fit Moderation by your laft Inflrudtions; ' holding it boih jull and convenient, as well for
* Ihofc as all other Parts whereunto it is apply*d.
* Neveithelefs we will take Time, and inform ' ourfeU of all Things that may lead our Judg-
* ment to the bell ordering of a Caufe, of fo great ' Weight and Confideration, iind will thereupon ' refolve and do as we ftiall find aafw^r^ble to
* Julticc and Policy of State, which can'c be fe- ' parated ; alw.^ys profefling for the Satkfaftion
* of our loving Subje^s in general, that as we are
* and ought to be ilow to put down or alter ihofe ' Courts and Guvernmenis, which the Wifdom ' of former Times hath eftahlifliedj ^o we are
* firmly refolvcd never to ere£t in any other Parts of
* the Realm, any like Courts, or provincial Coun-
* cils, except it be by AJlent of Parliament; and
* for full Ailurance thereof, we will yield to any ' Security that by Aft of Parliament {hall be rea- ' fonably devifcd,
Afarlii 26, 1610. Memmal toneernhtg the Great Contraft wtth his Majtjlj^ touching Tenures with the Depfndants^ Purveyance, &c. ddivered by the Committees of the Commons Houfe unto the Lordi.
Demands in Matters of Tenures, ^c* * The Dcfire, in general, is to have all Knights
* Service, turn'd into free and common Bouage,
• In
«id
' In pan'icular fomc Tenures more properly Ao. 8. JameaL
* concern the Perfon, fome the Pojleflion, '*»*'•
Cweem'in^ the Pfrfou, viz.
* Grand Scrjeaniy, wherein the' the Tenure-
* be taken away, yet theService of Honour lobe
* fa'-ed, and the T^umx^ per Baroniam^ as it may ' concern Bilhops or Parlbns, oc Men in Parlia-
* ment, to be confidered.
* Petty Scijeaniy, Eicuagc certain and uncer-
* tain, to be taken away.
* Caftle Guard. That Caftle Guard which
* rcfts in Rent to be faved. ' All Kniglus Services General, both of King
* and common Perfons. j ' Homage anceftral and ordinary, with the
' Refpite of tjiem ; both thefe to be taken away, ' only the Coronation- Homage to be faved, not
* in refpeft of Tenure but of Honour.
* Feahy. The Form of doing Fealty not yet
* refolv'd of. ' Wardfliip of Body, -s
* Marriage of the Heir, vThcfetobe taken away.
' of the Widow. J
* Kefpiie of Fealiy to be taken away.
Comern'wg the Pojfejfien^ viz,
* Wardfhips and Cuftody of Lands to be taken
* away.
' Primier Seifin to ceaft.
* Livery Oufter U Ma'in^ to be taken away fo
* far as they concern Tenures, or Seizure by rca-
* fon of Tenures, other than forEfcheats
* Licence of Alienation upon Fines, Feofmcnts,
* Leafe3 for Life, and other Conveyances. ' Pardon of Alienation, Pleading Diem claufit
' extremtim^ Mandamu}^ ^ua; plura deveneruntj
* Offiui pop Mortem^ Inqtdjitionii ex OfficiCy ex- ' ccpt for Efchcats.
* A!fo all conceal'd Wards de futuroy all In-
* firu£iioii£| all Alienauons paft, all Bonds and
i Cove-
Alu S. Jatnes I. c
l6lo. «
154 The^arliametitary Histort
Covenants for Performance of what tentJs to
* Knights Service ; all ihefe to be determined.
' The like for Wards of common Perfons, viz*
* All Wards now in being, or found by Office, ' or which fliall be found by Office before the Con- ' clufion of this Comraft, and whofe Anceftorsdicd
* within three Years before, thefe to be favcd. « Relief upon Knights Service to ccafe.
* Patentees ihat pay a Sum, or pay Tenths or ' Fee-Farms. Thele not to double their Rent
* upon a Relief to be paid.
* Efcheats, Heriots, Suit of Court Rent, VVork-
* Days, and fuch Services ; ihei'e all to remain,
' Aid to the King to remain, but limited hi a
* certain to 25,000 1. cum acciderit,
' Aids to common Perfons to ccafc.^^
Die Mart is 26 Junii^ 1610,
* If any Body Politick or Cotporatc, or other
* Perfon or Perfcns» or any from or under whom
* they cUim, have had Pofleflion, and been re- ' puted Owners by the Space of fixty Years, and ' neither the King nor his Progenirors, nor any ' other for him or them have had PoiTeffion, ' by taking of Profits by the Space of one whole
* Year, without Iii[erruption, within fixty Years, ' the King's Tjtle before that Time (hall be
* exiinguilhed ; and i'uch PoiTeflbr or reputed
* Owner of the Inheritance fii-ill hold the In-
* heritance againft the King's Majefty, his Heirs
* and Succelfors ; and againft his Patentees, and all
* claiming from, by or under him or them, or any
* of his Progenitors i and if the King's Majefty,
* or his Progenilors, have been in PoflefTjon only
* of a Ren! rcfcrved upon Arrentation of Aflarts,
* or Wafte Grounds in Forefts or other Lands,
* or upon fomc Grants m Fee-Farm : And any
* Body Pohuck or Corporate, or other Perfon,
* have enjoy'd the Lands, Tenements, or Here-
* djtam.'iita for \»hich fuch Rem is paid, by the
* Space of ^xiy Years nnd more, as, his own pro-
* pCE
riiancc.
Heirs and SucccfTors, (hall enjoy tHe laid Kent
only i and the reputed Owners fhall hold the
Inheritance according to the fevcral reputed
Eftates; and, all others claiming or pretending
' Title under "any that ihal! gain the Inheritance
' againft the King by this Law, either for Years,
' Life, Entail, orfor other Eftacc, either at the
* Common Law, or according to the Cuftom of ' any Manour, (hall hold and enjoy the fame, ac- ' cording to tbeir loiiuer fuppofed Eftace.
' And, it was thought reafonable that fome
* Courfc be thought upon concerning fuch as pay ' the King any Rents fur Land, as Chief Lord, ' or otherwile, having had, 5y the Space of fixiy
* Years or more, the Freehold and Inheritance of ' the iaid Lands in themlclver, or fuch from whom ' they claim that Claim, that by Colour of fuch
* Rent received, the King fhould not be entitled ' to the Inhcriiance.
' And, that fome Courfe may be taken for Li-
* mitation of Entries, and Actions of Rights, and ' 7'itles of Lands, belonging to the Duchy of ' Cornwall^ Principality of IFales^ and Counties of ' Chejler and Flint i and, namely, That Ibmc ' Provifion be made for it in the Patent now ' fhortly to be palled to the Prince of JVaies, that ' fuch as have been reputed of the Inheritance, and
* had Pofleffion above fixty Years, fhall not be
* impeached.
Pattnteei to be {onduded^ in hke Serif as if the Sfiate hadjl'itl rtmaitted in the King,
I. ' That Letters Patent50fhisMajefty,his Heirs and Succeflbrs, and other his Progenitois, not heretofore made void by Judgment, or fuch En- try as hath been made known by one Year's Continuance of Poflellion, Ihall be continued, and taken moft beneficially, for the Patentees, their Heirs and Aiiigns i in Cafe any Eftatc of Inheritance be pafled, and for the Patentee, his
* Exe-
ij6 The Parliamentary History
Aa.8. >m« I, ' Executors^ Adminiftrators, and Afligns, to whom
«6io. ' any Leafe halh or fhall be made, according to
' ibe Purport of the faid Letters Patents or Leafe;
' and no other ExpoGtion to be made of any Ki-
* tent, Grant, orLcale, of the K-ii^j orhisPro-
* genitors, but I'uch as the Law makes in Grants,
* and Lcafes, made by comti^on Perfons, any ' collateral Matter, common Rule, or Maxim to ' the Contrary notwithftanding.
2. * And that all Letters Patents, Grants or Lca- ' fes, from henceforth fhall be expounded, conftru- ' ed, taken or adjudged, to pafs all Rights, Titles,
* Eftates, and Inlerefts, whaifoever the King at ' theTimcof the faid Letters Patents made, mighr ' have palTed as King or Duke ; and that fuch
* Grants as have been made under the Duchy-Scal
* of LancajUry of Land reputed Duthy-Lands,
* by the Space of fixty Years, ihal] be good not-
* withflanding the King hiive any other Title
* hereunto, in Right of his Crown or otherwife.
3. ' That the King oir any Patentee of the King, â– his Heirg or Succeflbrs, (hall not take any Forfei-
* ture of hisEftate forNon payment of Rent, but
* only fhall have a Penalty of double the Rents j ' but that the Leflee fhall enjoy his Eltateagainft ' the Patentees as he did under ihe King; and that
* Le<U'es made upon Suggeftion of Surrenders, may ' not be overthrown for Defo^^s or Imperfeflions ' of or in the Surrender, or for Want of Sur-
* render.
4. * The Subject upon every Information of ' Inftruftion be .admitted to plead the general Iflue, ' tiot guiity\ and not be forced to any fpecial Plea;
* neither ftinll any Injunciion in reipedt of fuch
* Plea be granted, to turn him out of PoiTeffion,
* having had Poficflian by the Space of one Year *â– befure.
5. * The Point concerning penal Laws and In-
* formers^ (hall be ordered as fhall be moft for the ' Benefit and Eafe of the Subjects, preferving the ' Force of the Law, and a Courft to be eftablifh-
' «r
0/ E N G L A N a aj;
cd for due Execution ibereof, and inftifting ihe An, g. jnnai. Penalty. »^»o.
6. * AH Pun-eyance and Takings for his Majc- fty'sUfe. the Qiiten, the Prince, and al! other the " Children, and for all Offices, Courts,
, aad Socie'ies whalfoever, \o be utter- ly taken away, as well Purveyance and Taking of HoufholJ, Stable, Navy, Servants, Labour- ers, and all other Provifiona; andalfo, for Carls, Hotfes, and Carringcs, both by Land and Wa- ter; and, generally, all Purveyances and Ta-
â– kings for whomfoever, whatfuever, of virhat ' Name or Nature liaever, lo be for ever exiin-
• guiQied ; the Compofition for the fame to be all dilTolved and rcleafed i ihe Clerk of the M-iiket, and all others, to be difablcd for fctcing any Pri-
' ces; the Power and Prerogalive of Pre-emption to be determined, not intending hereby the Pre- emption of Tin, * What Regard ihali be bad to rhe Merchant-
' Stranger in this Point, to be left to further
' Conlideration.
7. ' That his Majelly would be pleas'd to par-
' don, releafe, and difchart^c ^.\\ old Debts, due to
' htm or any of his Progenitors, before the 5o:h Year of the Reig;n of our late Sovereign Lady
â– Q^ecn Eiiz{2t(th: And that hereafter every Sub-
■jed» fued or molefled for any Debt due to his
' Majefty or his Progenitors, or that (hall grow ; ' due to his Heirs, may plead that the lame Debt'
• or Sum of Money fucd for, or demanded, bc-
• came due lo the King or his Progenitors, by the ' Space of ten Years paft j and that the fame in ' the mean Time, hath no: been fued for in any
of the King's Courts, and that the fame appear- ing to be true or lb proved, (hall be a good Plea '*> H"*
e-Fines, and Poft-Fmcs, due upon xkjiviuuwu, by Fine or Recovery, to be takea away.
Vol. V,
16 Ju^,
All. 8. Jamn [. XBJO.
158 The Tarliamentarj Histort
16 Jufy, 1610. ' That where any Man (hall be outlawM, at
* the Suit of a common Perfon, before Jurfgmem
• or after, the Plaintiff firft, anJ all otheri after ' him in Order as they defire, all may be paid ' their juft Debts oui uf the Forfeiture grown to ' the King, before the King or any other take any ' Advantage of fuch Forfeiture.
' In like Manner, in all Attainders of Felony ' and Tfcafon, all Creditors to be fatlsfied for their ' juft Debt5, out of the Eftatcs of the Perfons at- ' tainted.
' That the Cbufe in the Statutes 34 and 35 ' Hin. VIII. by which the King hath Power to alter the Laws for finales and make new, be re- ' pealed.
In the Tnterim till our next Accefs ;
' No Man 10 be queftioned or troubled for any ' Land upon defeflivc Titles, either upon Pretence ' that the Patent is void, or tor Afiarc Lands, and
fuch like, which have had long PoflVllion and
no Patent.
* No Man to be queftioned for Land gained by ' the Sea, be itantient or new.
* No concealed Ward to be fought after, nor any to be qtieftioned, after the Death of whofe Anceftors an Offitre hath not been found wilh-
' in ten Years.
* No M;'.n to be queftioned fw old Debts,
* Nor Alienations without Licence,
* Nor be confined to plead his Licence, or Title, or Tenure, in the Exchequer.
' 1. ThatwhereastheHoufe of Commons have already, amons; their Grievances, preferred a Pc- linofi to his Majefty, as of Right and Jufticc, that the four Englijh Counties may have a Trial by Law, concerning their Inheritance to the Common Laws of this Realm, and io to be ex-
* cmpied
I
0/ E N G L A N D. 239
emptcd from tbc JurifdiiSlion of the Prefident ao.S. J*m«r, and Council of iVaks^ {a Matter wherein the i6»o, whole Realm is deeply intereftoJ) noiwithftand- ing, upon occafion of this great Conrnft, the Houfe of Commons doth humbly pelilion to his Majefty, as of Grace, that without further Suit, Trial, or Trouble, thofe Cmmties may be re* ftored to that their antient Right* the fame being no way prejudicial to his Majelly's Honour, in Point of Sovereignly, (as we conceive,) as be- ing alike to his Majefty in which of his Courts his Subjects have their Trials; and in Profit much lefs: But rather being a Matter of greater Benefit to his Majefty, in the Duties due for Suits in his Courts at IVeJiminJler^ and to his Majefty's loving Subjc^s there, it will be a Mat- ter of great Comfort, and of enabling them the better to perform their Part of this Contra<ft, ' by cafing them of much caufelefs Vexation and Charges, which in trifling Suits they now bear and endure.
2. ' The King to be boiind upon Demurrers, ' 10 exprefs ihe 0.uie of Demurrer for Form, as ' (he Subject Js by the Statute 27 th EU%»
3. • Petition to be made to his Majefty to grant ' out Commtflions, to declare the juft and due ' Fees of all the Courts and Offices in this Realm,
* fo far forth as they arc to be paid by the Subjett;
• and ihcy to be reduc'd into a Hook and printed.
4. « HisMajeftyalfo to be petitioned to appoint ' fome to make a diligent Survey of all the penal
â– Statutes of this Realm, to the End tliat fuch as ' are obfolcte or unprofitable may be repealed;
* and this for the better Kafe and Certainty of the
* Subjefl i all fuch as arc profitable concerning one
♦ Matter, may be reduc'd into one Statute to bo
* pafsM in Parliament.
5. * The Lords to join with the Houfc of Com-*
• mors in Petition to his Majefty, for Rccompence
• to be made by his Mujelly to ail fuch Officers of
â– OiurtSt as aie damnified by (his Contract in
• foi^t of Tenures.
- R 2 20 74*
a 60 The Tarlsatnentary Histok t
An.8.>m«I. ^O Jufy, 161O.
J 610. 6. < His Majeily to be petitioned that he will
' be pleaTed to grant no Protedtkms contrary to
* Law.
' That the Extent of every Article that is de- ' creed for the Good of the Commons in tbb ' great Contrail with his Majefty, (hould be ex-
* pounded and explained in all Caufes doubtful,
* by the Houfe of Commons, according to their ' true Meaning.
< Refervation to be made of further Addition at ' the next Seffion, of any Proportion withb the
* Bounds agreed on : viz. Not to impair his Ma-
* jetty's Honour, in Point of Sovereignty, nor Xa
* diminifb his Eftate, in Matters of Profit, with-
* out Recompence for the iame.
21 July^ 1610.
Anfwer to the Lords three Propofitions, viz.
X, JVhat AJfurance his Ma}e/ly (had have of
200,000/. yearly Rtuenue,
Anfwer^ viz.
* Not having refolved yet whereupon to raifc
* this Revenue, nor in what Manner to levy it,
* thus much wc arc refolv'd of, That it fhall be ' ftable and certain to his Majefty, and convenient
* for his Majefty's Officers to receive and g«-
* ther it.
2. What Matter of Content in the Interim JbaU U
brought dawn into the Country.
Anpjer^ viz.
* Firft, to the meaner Sort, the afiuring tbetn
* that nothing {hall be levied upon their ordinary
* Viftuals ; viz. Bread, Beer, and Corn, nor up-
* on their handy Labours. Secondly, to the bet-
* ter Sort, the View of thefc Things, which in
* Lieu of that Sum, we (hall receive from his Mi-
* jelly, whereof Copies to be taken down by fuch ' < as pleafe. Thirdly, in General to all, his Nb- - ' jelly's grsicious Anfwer to our Grievances.
O/ E N G L A N D. a6r
3, What C$urfe now for the fiitling of this great An. 8. Jimes r.
Contralf and proceedhg in it. 1610.
AnfiJL'er^ viz,
• Firft of all, %vc proceed now by Additbn of ■fome more Articles, which together wiih the
* former in one entire Copy, wc will prcfcnt 10
* the LorJs. Secondly, for the fettling of it at < our Return to find tt as wc leave it> we will en- •
* tcT in our Boo i:, i. What wc ha'e demanded, â–
* wz. Thcfc Ariicles. 2. What wc have refol-'
* ved to give therefore to his M^jofty, vix.
* 200,0001. by the Year. 3. The Security to be
* by Aft of Parliament, in as ftrong sort as can
* be dcvifcd. 4. The Manner of Levying it, to
* be in luch Sort as may be fecure to his MajeUy, " and in tJie moll cdfciu] andcontenlfui Sun to the
* Subjeifl, as by bothHoulesof Parliament can ' be devifcd.
MifMrial ameruing ihi great CantraH with his Majefiy, ttsuihing Te/iura, with the Dependents, Conveyance, &c. eanceiv'd by the Dire^ion of the Lords $/ the Higher Hcufe ef Par/Jament, viz,
* Whereas the Knights, Ciiizctis, and Burgef-
* fes of the Lower Houfe of Parliamenr, have this
* Day, by Commiitee, delivered to tlic Lords ' Comminecs of this Houfe, a Mcmoilyl by ihcin ' conceivM and put in Writing, contaitiing cer-
* lain Article3 concerning the great Contrai5t with
* his Mjjfrty, which during this SefRon of Prirlia-
* ment hath long and often been in Speech and
* Debate between their Lordfhips and them, as well ' on his Majefly's Behalf, as for the Intcreft of their ^ Lordfhips, and of the f^id Knights, CitixcnSi *^r.-l RiirjrefJes ; by which Contraft, they arc tied
* to aiTurc unro his Majefty, tis Heirs and Succef-
* for, the Sum of aoo,oool SteriiDg, in yearly
* Rcv'.-nuc. In Sattsfiflron of the great yearly Profits
* which his M .jcfty hath or may m:ike, as 'well in
* rcl'pci^ cfilic wardfliips of the Bodies and Lsnds
R 3 'of
KlSi
'•
*26a ne Tarliammtary History
Aq. s. bniK I. °^ ^'^ Subjefts, an<l all oihcr Incidents to Te- * 1610. * * nurcs, as of the Benefit arifing by Poft- Fines, dc-
* faj^ive Titles, Aflans, and many other Immu-
* nJties and Privileges, together with the cxtin-
* guifhing of Purveyances, (all tending to the Pro- ^ fit and Eafe of his Majefty's Subjcfls,) in the
* Conclufion whereof there is this Chulc incer- ' ted, wz. That the Extetil of every Article^ that
* ii dtfirid for the Good of the Commatju if this
* great CantraSl with bis MtTJeJiy,, Jh-jiddpe ex*
I * piawfd and txpoundedin allCkujes dcitbtfuly by\
I ^ the Houfe ef Commons, eaorditig to their true
' Alianwg'
* And, wherens at the Prefcntlng of the fame
* Memorial, it was alfo delivered in the Name of ^ the LovFer Houle, by Sir Edwyn Sandys, that, ' noiwlthftanding the laid Ciaiifc inferted, it was'
* not intended to make any Queftion of the Price,
* or of any main Part of ilie Coniradl, bccaule
* tliey were agreed in ihe Subftar>ce; but only to
* receive ibme Liberty for the Expofition of the ' Extent of fome Branches, which contained thofe
* Requefts which they had made under that Li- â– berty ; (which his Majefty gave them to propound ' iuch other Things as fliould not derogate from
* his Honour or Profit) in aJl which they defired
* alfo by the Mouth of Sir Edwyn Si^udys^ 10
* retain Libert)'i sdd^ndo^ minuends, et tnttrpre-
* tando.*
*■And, whereas it was alfo delivered by the • • Gentleman aforefaid, that the Lower Houfe
* were rcfolved at the End of this, to deliver
* a clear Anfwer ; that is to fay, concerning thci
* King's Allurance, tho' for the Manner of Lcvy^l
* they had nor yet taken the fame into Confidera- 1 ^ * tion in the Ablcence of their Fellows ; yet of ^
* this one Thing, they did defirc their Loidfl\ips *' to remain a^uied, that it was their full Intention
* and RcfolLiiiun that his Mujtfty's Revenue, (*e-
< ptnJing upun this Conlrai5t, ihoulo have ihefc
* two t^ualitits ; one that it fliould be a Revenue
< firm ix4 ft*ble 1 another that it (hoidd not bci
* dif-'
> 0/ ,E N G L A N D, 263
* difficult in the Levy. In both which they af-An. 8. Jamei L
* fured themfelves, they did fuliy aniwer thr «*".
* Meaning of that Speech which made mention ' of Tirra Erma,*
' And, Foralmuch, as the Knights and Bar- ' gefics of the Lower Houlc, have alib acknow- ' ledged (and that moft truly) that they did always ' underftand themfelves bound to limit themfeveS)
* fo carefully, in all Things which ihey have ' fought for, or ftiall do, not being particularly
* exprclTcd at the Time that Ihey did accept of
* the Price, as not to demand or expect any Con- ' dition, whereby his Majefty fhould lofe either *. Honour or Profit, as aforefaid.*
* The Lords alio who are likewife in their own
* particular Eftates and Pofleffion, fbefide the Care
* of the Publick Good) no lefs intcrefted in the -• (aid great Contraft than ihey, and by their erai*
* nent Places and Degree, Arc more ftiftiy bound ' to take care of thole Things which do parlicu-
* larly concern the Honour and Revenue of (he
* Crown than others are, have now, upon good â– Advice and Deliberation, thought fit and ne-
* ceflary, not only, to acknowledge their perfonal ' Confunt 10 the lubftantial Parts of this Coniraft,
* but with the Privity of his Majelly, as an Ar-
* gument of his Confcnt, given Older likewife, ' for an Entry to be made of the lame Memorial,
* in Manner as is aforefatd ; that is to fay, with
* the fame Refervation, which was verbally de-
* nred by them in ihefe Words, adiUndo^ minufndc, •
* et intnprttando ; and, with that Refervation
* which is contained in the latter Chufc of their
* Memorial, ws. That the Exttnt cfeveiy Jnicie^
* that h drfind fsr the Good of the Commons y in ' this great ContraSi with his MaUflyy fomld be eX'
* p{fUmiti end cxf^ained in all Caujes dsiibtful, bjt ' the LsrJs of the Higher Unnje^ jsr the Gsod df ' fni Mjjefly and ibcmjclvaJ'
In this Situation did this Grand Aflfair, between the King and People, Hand at the End of the lift
Sei-
A 64 7 be Turl'iatnentary Hi story
4ft.S. Jwneal.Seflion; and, by the Demand of the Subjedl ajid '- "' the Monarch's Anfwcr, it feemed as if a Coniradt might hive beenconclucicd at ihcir nextMet-ting-
The Commons, in ibis lall Seffion, had barreled
long for 180, oco 1. per Annum to be paid the King
for thefe Liberies ; and ai islt Came up 10 the
Price demanded {200,000 1. J hut it wasalj to no
The PariiuneBtEffe*^.— 1 he fame Parlianieni met again on ihej
jrwxt, after 1*10- 1 6th Day of Oliohr^ ilic lime Jimiicd by the laft '
wsarwo. Proroganon i which was Ail! in the cightli Year j
of this Kmg^ or Jnna 1610.
We have now no other Authority to go by, j for the Proceedings of the cnfuing SclTion, than the Lordi Journaliy thofe of the Common > being loft; And it was fome D;tys aficr the Meeting, on the 29dof Oilober^ th.it ;hc Bufincfs of the Great Contract was rduDied by the Lords; who, as their Jmrmh QXprcli it, ihoi^bt good to begin with the grenteft and moll Weighty Matter now ilepending in Dclibcr^iiion j concerning, as weU 1 Henurei^ with their Depend.uiis» as Purviyors ant} other Things; in the Stale that Aftair was left at the breaking-up of liie laftSefiiun. Their LorJ- fliips agreed to fend a MelTage to the Commons to defire a Conference, by Committee:; of both Houfes, in oaler to bring this weighty Bufmers to a happy Conclulion. Anfvvcr was returned by the Commons, that they accepted of the Lords Propolal : Ot'/ai'^r theTweniy-fifth wasappointcd for that Purpoie. Afterwards, on the Lord Chan- f ccllor's Motion, it was ordered That all the Lords then in Town, and not prefent, (hould be warned and required by the Houfe, to give thtir per.'bnal Attendance, on that D;iy at the Hour tixed, which was between Nine and Ten in the Morning. And proceod ro ^' ^^^ Time appoint<?d, there appeared in ihe roaftder the Houfe according 10 the Lift, cltrven Biftiops, Cij-i Coutrafv (welvc Kaiis, one Vifcount» twenty-five Barons, iuf«^*i/tr ''"The firlV Thing ihey d d w:is to nzme a Cummit- tcc : Next, was read, openlv, the JlIerTianii!, con- cerning the Great Contrad, as it was given in ih« 1^(1 Sellion, by Dirc<^ion of the Cords -, as, alfo^
L »^
the other Memorial^ which was delivered at the An.S. Jimeii, En*i of the lail Seffion by the Committee of the **'"â– Commons, Then the Lord Chancellor put the Lords in mind of the State of the BulinefJs con- cerning the faid Contract ; and moved that their LordOnps would now give iheir Advice what fhould be fpokeri, ihat Afteinoon, rotheCommUtee of the other Houfc, touching the Premiilcs, and by whom the fame fhall be delivered. And, becjufe this Matter is of fuch great Moment, his LordQiip wiihed the Debate ihereot might bR by way of Jnlcrloculion ; to that Purpose the Houfe to be adjourned, and the Lords to (it as in a Committee j which was generally approved and agreed to.
After a fhort Adjournment, the Houfe of Lords met again, on the 30th. Wlicn their Lurdlliips were informed by the Lord Chancellor, Thac Robert BomsTy Clerk of ParliamLint, had lately received, from the Undcr-Clcrk to the Commons, a Lcuer, daicd OClcher the 17th in thefe Words :
Sib,
IAM^ by Order of the Commons Hsufe ofParVta" mtnt^ dirtifedta repair nnloyou^ and to defire of you a true Cof^ sf his Majeflys Jnfwer to the Grie- vances of the Subject^ prejentei the ia(l Sejpon of ParUament : As well the Anjwers to thf Jirfl Four^ 4Bncern:ni Mutter of Proft, as the refl cmcertting Matter cf Gcvemmc'J, anfwered the lajl Ddy. 7h4 Order is^ that you are tofuhferibe your Hajid unt9 ity and to mnke it ready before Monday Morn' hg next, at which Time there will he a (pctial Oc- eajhn of Vfefor it.
I am your very allured Friend,
^atuday, 0.1. 27, ^^ EVANS,
1010.
The Chancellor added, That the faid Clerk, in Rerpetft of his Duly to this Houfc, had lorbcm to (atisfy the Consents of the faid Lefer; and had gply rciurncd for Anfwer, Ihat, tA himfelf* he
* ha4
ii66 ThcTarliamentary HisTORT
An. B. Uoott I. had no Power, or Auihority, to make forth, or *"*' deliver Copies of that Nature i but, at the next Sitting of the Lords, he would acquaint their Lordftips with the faid Lerier, and then be ready to Ao what they iliould command him.
This Anfwcrwa^! approved by the Lords; who, having confidcred of the Matter, ' Thought it both fit and reafonablc that the Copy defired fhould be fcnr, authcntiquely, to ihc Lower Houfes becaufe the Matter andSubftance there- of equally concerned both Houfes i and was originjily intended by his Majcfty to be imparted to all his loving Subjedls without Diftinihion.* BuE, their Lordfliips did not approve of this Man- ner of Demand ; whicli fhould have been by Motion to themfelvcs, and not by a Letter from an Under-Clerk lo the Clerk of this Houfe, or by any Juch Order or Dire<aion as above. Notwiih- ilanding this, as.their Wifdoms thought It not con- venient, that, /or this Caufe, the weighty Bufi- nef$ of this Great Coniradt: with his Majefiy, be- JDg now in Treaty, and for which thisSeflion of Parliament was chiefly held, fliould any Way be in Danger to fuffer Interruption, Impediment, or Delay ; it was agreed to by all the Lords and or- dered, * Thai ilie Clerk of this Houfe fhould, by Leave of the Huufc, ffnd to the bidClciJc attend- ing the Commons tlie Copy defired, under bis Hind, with an Aufwer lo this Purpofc:'
TJPONRicdpt of ycur letter ^ I bove this ^-^ In/}, yjth cf October, acqua'wied my terels of the ffigker Hcufe ef Parliament tberewitkah tfOjireupGtt^ their Lt>r4^ipi are well pUafed and con- tent that JJbcUjend pUy under my Hund^ that whieh is defiredy whitb herewithdi you receive actordingly.
I reft your aflurcd loving Friend,
Ko. BOWYER-
Bur,
Of
Bur, an Entry was ordered to be made in the An. s. jamci L ysurnaly with fpecul Caution and Provifton, That ^^^^' this Paniculir be not at any Time drawn or ufed as a Precedent ; but, that in all CaTes of like Na- ture, hereafter happcning> due Courfe and Care fliould be oblerved for prcferving the Honour, Dig nity and Privilege of that Houfe.
This Condefccnfion of the Lords to the Com- mons had not the wiflicd-for Effefl i for tho' the Conferences began again between the two Hcufes, about the Grand Contrafl, yet they came to no Conclufion. The Journah give no Account of any Report made from thcfe Committees, relating to that Affair ; and on the 6th Day of Decfmbrr^ after two fhort Adjournments, the Parliament was prorogued by Commiifion, to the 9th of Ftbruary cnfuing. And, on that Day, the bard Chancellor produced another Commiflion, from the KingjWhK-hisrenaer. direftcd to himfelf and fome other Lords, by which e^ abcrcm by he declared this Parliament to be finally dif- J^jf"^,^.
folved. tnsnt.
It is eafy to fee, by the Abruptnefs of thcfe Proceedings, that the King and his Parliament parted in no goodHumour with one another; but, fmcc the Jaurna/s arc fjleni, as to that Matter, we muft have Recourfe lo ihc Hiftory of the Times for an Explanation. The particular Hif- torian of this Reign, and a very particular one he is, has opened fomewhat rchting to this Affair ; To give ihe Reader feme Tafte, both of hisRcmarka thaw- Language and Pulitii-s, We ihall extraft one Para- <">* graph from that Work, wherein, the who!c Pro- teeJings of liiis laft SclTion are included. He lells us, ' That, on the Meeting of" this ScHion of Par- liament, the Members were willing to fecurc their Allegiance to the King, out of Piety j yet, they WCK fo rtrideven in thcfe youthful Days, which he called Obftinacy, that they would not obey him in hl^ Encroachments upon the public Liber- ty, which he began then to praiftice. For being now fealoned with fcvcn Years Knowledge in his FrofdJjon here, he thought he migbt fct up for
him-
a68 The ^arltamentary Histort
An. %â– J"mnl.|jimfelfi and not beftill Journeyman to the lavifli itiio. Tongues of Men, that prycd too narrowly into the Secrets of his Prerogative, which are Myfteries too high for ihcm, being Anana Jmpcrii, fitter to be admired than queftioned. But, the Parliament were apprehenfivc enough, that thefe hidden My- fteries made many dark Steps into the People's Li- beities; and they were willing, by the Light of I<aw and Reafon. to difcover what wssthc King's, what iheira : Which the King, unwilling to have feaichcd intOj afier five Seliions, in iix Vears Tim*;, dillblved the Patliimcnt by Proclama- tion/ (z)
Our Hifloriin has thought proper- lo mention this Proclamalrnn, only, without Riving us a Copy of it : Bur we nic beholden lo the Cot* tiuuator of Stoivc'i Cbrmd^t for a genuine Tran- (cript of this Art of Stare, which will fall very aptly in this Place ; and therefoi-c we give it in its own Dirtion and Orrhography.
w:
Here AS the Kifig'svtofi exalkut Majtftie
hath ioniinvti thhF&riicment together^kng"
er than hath bin ufual^ or might will have fto^d either
'with hii ii/ip3rfi7unt AJfatra of States er with the
fubliih Bvfmefi sf three zihole lermes (pent in thi
tws kjt Sejponi ; cr with the Occiifiem of the Ccun-
l^J^Sll^^^l^y^.^^-^^^^^^ //^/^/^to cf mcnj
fMitnhe»'!'(cnsPerJonj 6/ ^inhtie bath heem m^JJiRgy and divers of ihw ^ii^^^a-' Shires, Ctti£Sy atid Burrottgh lowrtei have heent two. kvrdened with Aikivames made to th^ Knights and
I Burgejfes whom they implcyed \ befides the particuiar
^K Expenje tf the Ncbihtie and others attending thnt
^H Sefvite. And all this in ExpeSfjtian of a good Con-
^^r* {hjftan of forne cf thofe weighty Caufes, which have
^B been there in Delikratisriy not only for the Supply of
^^t the Ntcejfjtiis cf his Majejiies Ejlate^ tut fsr the
^^^K Eiife Old Fteedcm of hii SubjtLiei^ in many Things
^^^^B f'^P^f'^ h ^'^ Majeily in Pariir.mt'nt^ far diff^eH'tg
^^^^H • and furp<:ffutg the Piwors a>J Graces of former
^^^H *TimeSi ifoth in future end lvalue. His Majejiy
.Of ENGLAND. 26^
hatk new refihed (for preuintlng (fjurther 7roubU An. S. jamwU of all thofe that wmld prepare themftlva to be here ^^^^-^ againji the Time limited by the laft Prorogation) to ateiare by theje Frefenis that they fhall not need to give their ^ttendame at the Day app^nted, Jer any SsrviiS to be dene as Members of this Parliament ; leeauje bis MaJeJIy (for many good Confiderations known to himfeife) hatb nffw determined to dxjjolve
\ihn Pariamait^ by his Commijftm Under his Great
\SeQl of Kngiand.
Dated, at Whuehail,3»/^ of Dec, 1610.
There was alio, fome olhcr Buftnefs, bcfidcs the Great Conirafl, begun in this laft fhort Seflion of Parliament j and fomc of it of publick UJ*e and Scrvice-
A Bill was brought in for the hetier Preferva- tion and locreafe of Wood and Timber. Ano- ther- againft Tranrporlalion of Iron-Ordnance, Gun- Metal, Iron-Oar, Iron-Mine, and Iron- Shot. A Bill for the Ereftion ot Common-Brew- ,,^£j,^y^ houles in certain Places needing the lame, where- by the Subjects may be much ealed, m point of Carriages, at the Times of hisMajefty's Progrefs j and Drunkennefs tlie hcllcr lupprelVed. A Bill to avoid Suits and Queftions touching Wills of Land. And a Bill for the enabling and making good of Lcafes and Grants to be made by the Pnnce of IValesi and for yielding of true Accounts, upon Oath, by his Higlincfs's Officers from I'lmc to Time. But, all ihtfe, and, in all Likelihood, many more that would have enfued, vcre pre- vented from taking Ertedt, by the iudden DilTolu- lion of this Parliament.
King Jdmes and his Parliament parting in fuch ill Humour with one another, wiihout concluding any Thing, relating 10 the Great Coniraii be- tween them, the Royal Picrogaiive flood -as it did before ; and the K.ir;z is faid, now, to pur it in Pradicc 10 the full Extent of his Power. Tlie Reader muft be his own Judae, by the Account
Aaa» iSii.
An Aid fbr the
170 The Tarliatnentary Histort
already given, how far the King's ConcefGonS wcnt» towards a pcrfe(S Agreement, in thefc Ar- ticles, And, if the Parliament, by grafping at too much, loft' all; or were for driving too hard a Bargain* about Things which could not be pur- chafed too dear, ihcy ihemfelves were to blame k> lofc thcMaiket. It muft be allowed, by any that has read ihc Parliamentary Proceedinga, in former Reigns, that Jafms gave greater Liberty 10 hia Subjects to fpeak and treat about fuch high Matters, than the mildell of his Predeccflbrs ever did. (a) A Recallet^tion of the Jealoufies pradticcd in the laft Reign, only, will evince the Truth of this ; for EUzaieth never fuftered her Parliamenis to touch the leaft upon her Prtregntive, cither in Church or State : Frifons, and fuch like PuniOiments, were
ihe Rewards of thole that dtlcoipted it But to
proceed :
King James now began to cxercife the Regal Power folely ; at ieaft, let no Body (hare with him but a Sucaffion of fingle Favourites ; which have ever been the Bane of Princes The happy Situation the ECingdom was in, as 10 any foieign or civil War, throughout the whole Courfc of his Reign, made Way lor Riches to flow exceedingly 5 and thefc, generally, brerd what they ought not to do, Pridt;, Coniention and Deceit. There were yet no Taxes, impofed on the Subje^, any Ways burdenfome ; the Grant of Su/>/jciies, Fif- teenth and 7en{hsy during this King's Time, be- ing but a poor Pi trance, compared with the li- beral Donations in the Reign of his PredeceHbr. And how he kept up the great Sla:e and vail fix- pence of his Court, without more Aid, is a Secret in Hiftoiy.
Some few Aflilbnces, withnur the Help of
Mafnage of lll*r» i l ■t. tr \ ■,
pfiaceti Ei)"- "''"'^''^"•» ^^'^ obviouB: I he King claimed an
beth. ifrnno 161Z.
Aid of his Subjects, accordir.g to antieot Cuftomi fc;r the M.irrmge of his D.ughicr Eiizaheih^ to Freltnck hk&i^r Pal:t hit ; which wa? lolemni- zcd, with great M^gnihtouce, Fdru{iry xha tj^tb.
IB
<*) Sm beftcc Page lyi, aoJ in VoL IV, jrs^m.
»
ENGLAND. 271
in the Year i6rj. But, the King's Joy, for this An. lo. Junett. Matchj mufthavc been greatly clouded, by the dire *^'»- Remembrance of the Lofs of his eldeft Son, Primre The Death of Htnrjy who died Nov, 6lh prcceeding ; a Prince Piincc H«ary. wliofe great Charat^ter promifed very rauch to the SuccefBcn. {b) At this Tiine, the King's chief Favourite and Counfellor was one Rehirt Ci2rr, n Stotfman ; who, from a low Original, was firft tnitrhted, then created Viicount Rochejifr^ and afterwards Eail of Somer/et. This Man (the King's olJ and faithful Counfellor Rohert Ccci}, Earl of Salisbuf}', being dead) ruled all ; and, by enriching himfelf and impoverifiiing hs Mafter, foon brought him to want Supplies. But, how to gain them, without t!>c Artiftancc of Parlia- ment* a Way they neither of them liked, was the Queftion ?
ThefirftProjeilthisncft'StatefmanpuithcKingj^ upon to raife Money, was to ereil a new Order soiHifcr'., pro- of Dignity and Worfhip, called Banrtets. Theica> for laifing Number of them was to be two Hundred ; their ***"'«y' Honour and Degree next to Banns \ the Title that of a Knight, which was to defcend to their ^'"* '*'3« Pofterity i and tor this they were to pay one thou- fand Pounds a Perce. The Pretence for it was to plant Colonies in the North oUnhndi for which, the bloody Hand, the Arms of the Province of Vyter^ was added, as a Trophy, to the Baror^en Elcutchcons,
The next Scheme was to raife the Price of Ertg- iijb coined Gold \ which was done by a Procla- mation, firft prohibiting the Tranfporiing of it, and then raifing its Value two Shillmgs in ihc Pound. So a broad Peice of Gold, cilled ihe Unity^ before going for twenty Shillings, was raiftd 10 twenty-two Shillingrs J and all the leffer Gold Coins in Proportion. Yet tlii?, as the Proclamation expreflefi it, was no more than what xhc EtfgHjh Coin was valued al abroad ; which was the Oc- cafion that fo much of it was tranfported. (e)
Thcrtt
(h) CifnbilcD'i Anaah.
(i) S« Conoauaiion of A«vr*s ChrenioU* Fi|c 911.
hod.
27 a Ihe 'Farltamantary HisToar
Aii.it. \»mta\. There was another Projedl, which was faid to i6ii. be gianied by his Majelty^s fpccial Favour, for the PUnting of Englijh Colonies in Virginia ; this was by way of Lottery^ and, as it is ihefirft of ihe Kind we have hitherto met with, defervea our Notice. The Bank of it w?.s but fniall, coniidering the great Value of thoic in our own The firft State- Times i there was hut rtve thoufand Pounds af- idUery in Eng-[jgned fof thc Prizcs, bclides fume cafu.il Rewards. It began to be drawn in a new built Houl'e, at the Well-End of St, Paui% Junerhf: 29th, i6i2i but for want of filling ihe Number of Lots, there were taken out of the Lottery^ and Jet afide, threefcore ihouiand Blanks, without abating one Pri7.c. By July the 20th, all was drawn and finilhed; and, as our Author fays, the Lottery was lb plainly and honeftly performed, that it gave full Satisfa<ftion to every onej feveral wor- ftiipful Knights, and Ettiuircs, and grave difcreec Citizens attending at the Drawing. The chief Prize, amuunling to four thoufand Crowns, ia Plate, was won by Thitnas S/}arpl;J] a Taylor, in Liuhn ; to whole Houfe th.e Prize was carried, with great Pomp and Solemnity, (d) ^ _ Whether this !aft was a Trick of State, of
^' n" trc^End" t^e Miniflers, to raife Money for his own Uj'c, a ns*' pjrjiajaent or was rcally for Ihe Purpole above, is uncertain ^ kcalleJ. however, it is fure none of their Ways would
do, nor anl'wer thc prelling Neceflliies of Slate ; and therefore a P<trliameDt Wiis refolved on to be called for that Purpole. Accordingly, Writs i were fent out, for one to meet at IPiftmi/i/Igr. on the 5th Day of A/itJi, in the Year 1614, and J the iMh of this Rdgn. *«,«D ™- , The urualPreiiininariea at the Meeting of a 1614. new Parliament b.-ing IcitleJ, fuch as admitting, At w«ftminfler. Proxies, appouiting Receivers and Tryers" of , Petitions, dfc. the King cam^ down to the Houfe of Lords, and being fcated on the Throne, A thought proper to make the Ibllowing Speech to. both Houfes of Parliament.
Thi/\
(i) Sirm Pige 91s.
Whick not an-
r
0/ E N G L A N D. 273
This Speech is in no printed Hiftory, nor Col- ao. n. Jameii. Icflion thai we know of i we therefore give it In *6»4- its own Otthcgrj^hyj from a Manufcript in the Cotton-Library, {e)
I
T is the Sayeing of the wyfefte King that The King's
ng ihc SdlioQ.
^ cverc wa*, that the Ihrd sf Ki/jgs'weare^P'"}' V.?'"-
Tnfirutabk ; but in the lalle Parleamenie, I mufte
callc to your Remembrance the Comparifone I
ufed, whearin I prerenlcd myfelfc unto you as a
Mirrore, whearin you mtghte cleerelye fee the
Intcgrelye of my Purpos for our Icngiheninjc
that Paileamente for ihe generall Good and Be-
nefytc of the Commonwclthci but as I then
fayd of ihc Nature of a Mirrore, iha: it mighle
be deffykd by the Eyes of the Bchoulderes, fo
did ibine of the Lowere Houfe looke uppon me
with polutcd Eyes, and as I xnxy fayc, delFylcd
my Mirrore; I canne faye no more nowe then
I did then, but to offerc you tlie lame Mirrore,
to [looke to] proteftyng a* I {hall anfwere it to
Almyghty Gad, thai my Inlcgrctye is like the
Wbilnca of my Roabe, my Purety like the
Mettle of GoUe in ray Crowne, my Firmiics
and Clearnrs like the prelious Stones I weare,
and my Airck:lyones iiaturalle Ithc the Rednes of
my Harte.
* Three impoitant and weighty Ends have cau-* fed me to cr,ule this prefcnc Affcmbly of the Lords Spiritual an'i Temporally the Knights and Burgefes reprefentynge the Bodye of my Comones, which I mufte divide into three Parts and Branches, Bona ^nima^ Bona drporis, ttf Bona For.'unSy Relygeon, Safety, and the Afyf- tance of my Subjefts, which are the true Groundl of this and all well-intended Parleamenis^
* For Relygione, which the Philolbphcrcs, with the glymering Lighte of Nature, caled Bfva Jnimay I muftccomcnd to your Conlidurjfone», the great Increale of Popirie-^ notwitbllandinge the affiduous I/3bore I have beftowed, and th? greate Care 1 have ever manifested, as may wit-
VoL. V. S * nefir
(e) M. T4TUS. F. 4.
174 T^^^ "^Parliamentary Histort
Afcia-jaaiMi.' neliboth my Pennc and Tonge, I think, with X614. * moare Paynes than any of my Predeceflbre»i
* and for my Zeal in private, not to vant of it,
* for avoydinge vayne Glorye, yet I hope all my
* Courfe of Life and A6tyones will fpeake for { me.
* In this is to be coniidered the Caufo and the
* Remedyej for the Caufe, it is undoubtedlyc Im-
* punlte which made them prefume to fo notory- ' ous Declarafones of their Increafe, and their Imt
* punitie proceedethe from two Reafones: Firfti ' Some Brainches of the Lawes made to meet
* with them are fo obfcure, that I my^lf, with
* Conference with my Lords the Judges, cannot ' cleere them ; as I could inftance in many Parti-
* culers, that this Time wearc fite for it, as la
* the Oathe of Alleageance, to which many Scra-
* pies have riflen, and are yet unrefolvcde.
* Secondlye, For Want of due Prefentmeot in
* the Conireye by the Offyceres appoynted to it,
* according to the Provifyone of the La we; and
* in feme Places when prefented, yet they are fo
* favored by the Juftices of Peace, that as a Lieu- ' tenante of myne in one Conireye hath inform'd
* me, he could not procure three of the Peace,
* excepte feme of hisowne Frendsand Servants,
* that woulde afljfte him in the due Execulhone
* of my Lawes. And this in the iirft Place, I
* comend to your Confiderafones.
* Not that I dcfire to make any newe or more
* rigoroufc Lnwts againfte them; but that thefe ' may have Exccufhone, which is the Life of the
* Lawe, and without it they are but deade Words.
* I ^ake this not for my Favore to them, but
* for Confyenfe and Pollefye.
* For Confyenfe, to avoydc the Scandaltes
* which the Jefuites liave ever cafte uppon the
* late Queene of famos Memory, and uppon my
* Goviemmentf , that we have pcrfecuted and ta- ' ken Bloode for Relygconc, which I have evcre
* difctayroed*
♦For
0/ E N G L A N D. 27s
' For Pollcfye, finfe no State "o*" Slorye cane^^ ,j f,^^|^
cvhlenfc that any Rclygcone or Herefye was ' 1614.
evcre exterpated by Vioknfe or Ihc SwoardCi
nor have I evere judged it a Waye of Plamyng
Truthc. An Example of this I lake ou[ oi the
Booke of Jobc (f), whearc when many rigo-
roufe Obunlels wearc propounded, Gamalitl ftcod
upe and advifed ihat, If that ReUgicn v;edrg6f
Gody it weld pro/pen ; 1/ that ef many it wold
pit i/he &f itfilfe -y befydc Mene arc fo prone to
' gloryeindefcndingeand i'ealinge theirOppinyonea with, their Bloodc, that the Primityvc Chitchej in one Ae;e, declyned into an Affedhfhon of Mariirdcme. And many Herefycs hathe had his Mitrtires that hathc gone with the fame Alacrctye, and Dcfyre, and Aflurance, to rl^ Fyrc, as ihofa
' that have wttncfled for the Truthe have done.
* The fecond and nearcfte Confyderafon, to ' theSoule, Relygcon, is the Safty or Banum Car'
* psris^ which Lattyne hatbc but one Worde Salus*
* The principall Safetye of this Bodye confyftes in ' the Prcfervatione of the King and his lH lie, and ' this in preifcrving a due Succeflyone.
* Since the lafte Parleamenie, God, for my ' Synnes and the Peoples, haih takenc awayc on« ' and the firft Biaiiich theaiof, but as he gave me ' the Afflyftyones of Joh^ fo hathe he gcvene me
* the Patyenfc, and in the end theRewardc, ano- ' tber for him, a Grand-child in his Plafe, oncly ' the Sayeng of Jobe inverted. The Lords hatbi
* geverit ana ihe Urdt hathi taitne^ I may lay, ' The Lordt hath takeney and the Larde hathe ge- ' Vir«, yea, he hath gevcn me Com pen la ty one, ' fidem Gitiere, a Sonne for a Sonne.
* For the Maui.e of my Daughter, though I
* muft faye,thatbel)des his many other good Qua-
* liy'cs» he is one whom for his Perfonc I could
* afTerte, of all that evere myne Eyes beheld; ' yet, I made this Matche only Reipubiicte Gaujai ' and for Kllabliihemente ot Religion and the ' Comone-Welihs have 1 facrcfyfcd my Daughter.
S 2 ' For
Cfi Sk rnf.— Bst thii riffage ii b the AAl of tbc Ajpoftb*.
iy6 The Parliamentary History
Jin, 11. Uttuth * ^^^ '^® Comone-Wclthe, that if rtiy Iflue
1614. ' Male (bulde faile, you could have not only Phn-
â– fes borne of true Englijbe and Scotts Bloode* but
* norifhcdewith thcMylkeof the fame pure Re-
* lygeone you now prcffefic.
* For Relygeone, in fomc refpeft for her, that
* being younge and a Woman, bothe iobjcdle to
* Frailtye, I wold not delyver hir into the Hande
* of the Lyon, when I fee fo many ftrong and ' grounded Champyones cannot refifte the Cun.-
* ning and Spetioufnes of their Perfwafyones.
* Befyde the Reafone of State takene from the
* Mouthe of /fc«rj'^ Vllth. my Anccftore, from ' whome I clayme my Ctowne, when he gave ' my Great-Grand- Mother the Lady Marga^ ' rate to King James IVth. he fayd, Heare was
* no Danger in the Matche^ for that the Leffen *â– wold never drawe the Greater^ but the Greater
* the Lejfe ; and this Rulle was approved by the ' Providence of God, who gave no I0ue to the ' two Marys, my Mother, {g) and Mary of Eng-
* lande^ Heires of his Crowne, and marryed to ' Frame and Spoyne two mightye Kbgdomes.
' Theaifcre, \ defy re you to fhewe your Affec-
* lyones to my Sonne in Lawe, by fome Recog- ' nifhone, that he may fee hee is not hdde as an
* Aliene and unregarded among you, and to make
* a Declarafhon of the Succesfhone of his.Iflixe,
* if God for our Synnes wuuld take away my
* Iflue Male.
' To the third Pointe, which is Bona Fortvnttt ' as the Safety or Beniim Corporis is the EJJe, fo it '. this the Bene-Effe and mode necefl'arye 10 it.
* The extraordinary Charge I was at in this
* Mariage, fuche as I beleeve was nevere greatere,
* which I did performe in the Eyes of you all, for -
* my Honor and yours is not unknownc, howeby
* the Ueathe of my Sonne, the Mariage being pot
* of, I was conftrayned to defraye my Sonne ia
* Lawe and his Trayne fix Monthes.
* Tht
(t) Ailndins to fail Mother's inving QO Iflitt by her Art Hif* huHFrMMi't II, Ktn| of Fraau,
0/ E N G L A N D, 277
* Tbc greate Expenfe botheb/Sea and LandeAa. i». Junes L*
* .for traolportyng hir into a farre Contraye, an- *^***
* fwerable to my Honore and Hirs, and this ' Kingdomes* cannot be forgotten by you. Vet ' if any objefte the Aydes, I rei'erre ii to youre ' Con fy deraflion 5 and Judgment, howe lytic it iSy ' mefurcd by the Tyoies whearin it was firfte ^ granted and by this ; every one of you feileth it
* in your Fees of Courre that are my Servants, ' and m anntytnic Rente this Change of Tymes.
* Therefore, finfe ReipublUtc Cavfa^ I have under-
* gone this Difburt'eniEnt, it is the Commonc-
* Welth*s Jnterefte lo rqjalre it.
* Bel'ydes many greatcOcCiifyones of Expenfe, ' by Emeriainemenie of foiraine Princes and Am-
* bafladors, llie greate and large Chnjimajjei I
* have kept at my Comyng to the Crov?ne, the
* Fcarc oi Ireland^ and the Confyderjflione of that
* Newes bothe of Peace and Ware are many ; I
* double not but your Affc^tlyones will" holde ibme
* Proporfyone with my Wanre. ' But I mufte be playtiewith you, I will deale
* no moare with you hke a M-irchante, by wayc
* of Excliangei for every Bargaine cheie the
* Lone. I will expect loving Cuntribufhone for
* loving Retribufhone, which is, ^uum (uique tri- ' hutTty the Sume of all Juftycci and to take care ' bothe for your Eafe anJ Preiervafone.
' To come to accompre with you how and ' what, it is too bale for my Qualletye ; I wUl
* only pTOovc what you will doe in your Love,
* and what the People can fpare with iheir Eafej
* and noiwirh landing my many Straights, I have ' cholene to rclyc on your good Aflcdyones ra-
* thcr than to fticche my Prerogatyvei. ' But firft, I mufte cleare Come Rumores and
* Afpcifyoncs cafte abroade bv ill AfFectyones,
* that iieare are fomc private Undertakers uppoa
* whome I dide fclye, who with their Crediie or ' indufterye, wolde doe create Matters; Kirft,
* As I protrrtc ii h in iilclfe faltc, lb is it unwor-
* tJiie of me, bccaufe I liad rather have any thing
S 3 * witli
s.y2 The Tarliamentary History
.M.jamesl.* with gcnerall Love, moare refpeOyng the Source 1614. * and Affe^tyon from wheiKc it is derived, then ' any Proffyie by ihem. This I hope you will
* crediic; filence all the dilTonirtte and tarringe
* Stringcs of the Kingdom, which ihalf bringc
* you home your Prinfes Grace and Favore.*
After the King had ended his Speech, the Lora Chancellor made a fhort one, according ro the! Older of the Hnufc ; the Purport of which was, to fignify his Majcfty'a Pleafurc to the Coramons^^ that they (hould retire to their accuftomed P]acc,j and there, out of ilieir own Body, choole one, titi and able, to he their Speaker, and prcfent hira to the King on Thur/ihy the 7th of yfprif. Accord-^ ingly, on that Day, the Commons ptefentcd SirJ
Eir Randolph R^mUlpb Crfue, Kr. as their Speaker ; who was!
CrtweSftakcr. introduced to the King by Sir R^i/ph H^mwasd^ Kt,j principal Secretary 10 his Mijcfty, and Sir Ju'i lius Cafar^ Kt. Chancellor of the Exchequer ; and, with the ufual Cercmonie?, was allowed.
The firft Tiling the Commons did, after this,^ was to make an Order that every Member of their*! Body fhould lake the Sacrament ai St. Margartt*^^ Church, JVeJim'tnfltr. This was dons, feys an' Author, to fee whether a Discovery might made of thofe inclined to the Pfj^;^ Religion, but^ DOt one refufcd it- (g)
Bill cwiecrm ^^^^^ ^'^ ^'^* ^ ^^ ^^ brought into the^ Ficdcric^^ouStHoufc of Lords, entiiuled, ' An A61 concern- 1 Pilitioej Ac. ing the High and Mighty Prince Fralnic^ Count 1 Palatine of the RhiNe, &c. and the High and Mighty Piincefs Ei:zakthy his Wife, D-mghter to^ the King*s Majefly, and their Illue.' The fame. Day the Lord Chancellor delivered the King's^ Plcafure, That a!^ the Lords, Members of that Houfc, fliould To morrow, by two o'Clock in the Aftetnoon, aittrnd his Mrjefly at the B.m- qucung-Huufc of the Court, there to undcrftand
I- —
his further Plcaftire and Direction, touching cer-^„,j,j^j,j lain Bufincfs to be treared on in this ParJiament. ' lit^,
Wc arc not told by xhtJourn,:ht what ihc King faid at this Meeting ; nor, like the former Speech from the Throne, Is it mention'd by any Hlftorian, or even printed in this King's Works. We are, therefore, obliged to the bctorc-rited great Repofi- tory of Antiquiiics, for this Speech, alibi which, by the Favour of the candid Mr. Cojicy^ the pre- fent Librarian, is tranfcribed from a Manuscript, as old as the Time, and in its own Orthgrapby.
* ACCORDING 10 my Pramys, I «*ill make
* l\ yt>u i^i^t Prcfente I mentioned the other ^'^^ j^S %<,
* Day at our lafte Meeting; but, firft, I mufteihePjriiamcnt. •'make a Rc-queile, that confernynge which lof-
* fer, you will looke ijppon the Affeftyon of the
* Givcrc, and not the Vailue of the Gyflc; efpe-
* cyally, bcrcaufe it is fupported between twoe {o â– beutefull Shuiters, Sinccritye and Love; forSin-
* cerityc without Love may be too coulde, and ' Love without Sincerityc Difllmulafion \ but
* whear thes two are conjoyned they make a per-
* fc(5^e Bewtye; it is the Contynuance of that
* Mirrore, which I onfe offered and nowe prcfente
* againe, and Dimidium Fafii qui bent ccepit ha'
* bet. I have begune hotiii AuJpid'Hy to make it a
* Parleamente of Love, thai as the lafte begane
* with Difcordc and ended lb, fo this maye bc-
* gine with Concorde and Love, and coniynue
* fo. • I may offere ; it is my Parte to be gratious,
* and yours retribuiynge. 1 maye rcfcivc AfTyft-
* ancc and you Eafe, not to me, but to the
* Tbinge which is alfo llie Goode of yourfelvcs,
* the comoncGoodc, that wee doe mutually owe
* in Love. And 1 maye fjye with the Prophctc,
* IVoi is ta kirn that ' JhaU cdjls DiJ[etify6u ; if
* the Kinge ant Comone-Wealthc wearecomra- ' ry, Dcvlhone mighte enfue, but beinge one a-i
* ihcy are, ihis holey Emulafion of mutual Goode Vfliail bcgyne Todaye one my Parte, and one
' yours
I
1614.
aSo 7he Tarliamentary Histort
* yours hearafiere â– , that the World maye fee tbff
* Love of ihe Kinge to his Subjedtes, and your
* Love to the Kingc» and thear Ihall be no Emu-
* lafyon but who (ball offere with inoite Af-
* fei^yon,
* God is loved for the Gyfte he beftowethe, ' and loves againe for Thankc, which is all Alar ' fane give, and thearforc in Scripture goodeA 5 are called the Friends of God, bccaulc they arc ^ benevolence j and I that am Kinge and in that
* Offyfe doe rcprefente God that mufte gevc, ^ bcgine withe Offyfes and Gyftes, and. expefle ' from you a Chearfullnefs in Rctribuflione, with.
* a greatlull Hartc, accordynge to a comone Pro-
* vcrbc nunye lymes ufcd to mcc, by manyc of 5 the Courtc 10 move me to fome Suite, that they
* dide moarc relpefte the Signefj'caflione of my. ' Grace and Favore in luch a Marke of my Bc' 5 nevolence, than the V'allue of that which was-
* dcmaunded; but becaufe I wolde not make aney.
* abrupre Spcchc to you, I will remember you of
* Comewhate fpokene the lallc Dave, to iWre you
* upp to goe one to the principle Bufcucfs with
* moare Alacretyc.
' Firfte, As I faye, a Jsv^e Primipiwfi, to have, ' Care to the grate Encreafe of Pi^erey\ yet L ' wold not have Ptip^Jiei to vaunieof iheair gooie, ' Sccde, finfe theair grcateftc Conqueftes are one.
* Weomcneand ignorantcPerfynci; they aflaylle/
* onlie the weaker, and gete to ihem not fuche as
* they wold but fuche as they cane, and it is verey '
* remarkable, an ill Caufe is mofte vigilente and ' carcfuU to deftn'] itlclf ; yet, as I faye, not to
* pioceed to lowche Lyfc or Lande ; for, a^ I no-
* ted, Ptrleculhone was never a juftefvcd Waye < ol eftablilh'*nge Relygeon; but by the Execu-
* (hone of goode Lawes, in which Icrtc my Lords
* ihe JucVts w'itnts for me, il I do nu; iwile a
* Ycare give it ihem in Charge, that ihey enquire
* of that Encreafe in chair Circuiies ; and a!fo
* twifc every Yeare require an Accomptc of it; Land lor fome Remedy thearin, I delire you the
*toids
I
I
0/ E N G L A N D. %^i
Lords of the Upper Houfe. to confultc with*"'7i^^' the Judges ; and you of the Comones with your owne Lawiers.
• To that I fpctike of the Oathe of Aliegeancc, I imcnded it nor in the Lawe, for thear is no- thing in the Stibflance cl it hut every good Sab- je£te maye receave it j but in the Waye howe to admvncfter it, bycaule Men maye keepe Home in thear owne Houfes, ihear is no Provifhone howe Men maye be cauled to it; it is true, that it is a grate Happynefs that Men may lyve in Q_iete undrr the Lawe, every Man under his owneOlyvc and his owne Vine, but thisSweet- res DUghie not to extend to thofe, that make that a Prorediyon to lyve againfte Lawe. ' For ihat which concerned my Sonne in Lawe, I ftall not need lo faye much, I double not to fyndc you redy; and the Bylle, I thanks my Lords, bathe bine alredy rede and welk reccav- ed of thcm.
• For the third Parte, which concerned the Relicfe of my Eilale, I pray you underftand me arightc, fov ngh:c Underftanding is the Effeftof true Elloquence; I fpenke lo you the Knights and Burgelcs lepretenting, the Comones, bycuufe yours is tht i^reateft Parte and you i'uffcr mofte, that you will conCydcrc the Charge 1 was r.t in the Marya&e-Poinie.
• The State uf Irelande^ which I pretend not withoLt Julie Caufe, jet without Feare j for ihoughe they cane nevere be reduced to To per- fedte Obedycncc without KftabliQimente of Re- ]ygeon, yel in the lafte Tryalle of thair Parlea- mente, 1 have found many goode Subjcdlcs theare.
• Yetconfyder that ihe Memberes moil remov- ed from the Haric have mofte Neede of Sue- core i they lye mofte obnoxious to Harmc, and as a Priye [o all Entmyes of the Bodjc; and thoughc none of rayne Anceftoies could ncvere be cauled (o abfoluily a Kinge of that Contraye as I maye, yet thear multe be a greate Care had
'Of
. It. Junes 1614.
2S2 The Tarltamentary History
if thofc remorefteParresoff he Dominion which have* alwaycs byne Emunttoryes of Englande^ ' and whcarin moare hathe byne fpent in one-
* Ycare then wold, by Frugallety, be faved hcare
* in raanye.
* r do not, as I fayde, offere you lyke a Mar-
* chsiite or CharKuainc, but co lerte you Tee what
* I owe you m Jurtys, Suum cuiqut tvibuti't ; ytt ' what I geve, Free-Grace will require that you
* accepts wtih Chearfulnes.
* I demaund not this nor that, but only the
* Ground of your Love, and the Meafurc of it
* by the MeafurC of your Benevolence ; but .vhat ^ fhal! be the Endc of this, the Kinge will ^rowc
* in [.ove wiihParleamcnres, and fo be ever draw- ' inge and wearinge of his Siibjedtcs. I anfwer,
* my Comforte fhall be onely to meeie you to ' confulie of the comone Wcallfares, and howc I
* may csfc you, and to rcceave your Grcevances,
* for I hope to fynde a Wayc, by improoveinge
* my Rcvcncwe juftely ; beleeve me, I fhall be ' afhimeL^c to demaund any moarc in ihi^ KynJe, ' or to be ever importunate j yea, as I faye, of any
* private Men ; but this as I vowe it is farre from
* my Harte to acccpte, fo hathe it nevere ^yne 'â– offered ; it is true that every honefte and goode
* Suhje^le oughte to offere his Camelles and Scr- ' vice unto mc, and foj perhaps, I have hc;de the
* Oppynyonesof many, but nevere in fo unwor-
* ihie a Propofytyon.
* The Rumore perhnps hatbe grownc from the
* ambyfyous Contenfyon of fome Men, in the ' Eleityone of fome Knyghte of the Sheercs,
* which I nevere herde of before 24 Howres;
* what I wholve difavowe, ihat I nevere direfte- ' \y cr indirc^ely dide prompie or hinder anye
* Jilan in the free Eleftyone, and wheare anye
* Faulte have come by me I woldehave iheRezine
* fyned for it; nor dide I ever put any Confydence
* in a p:*rtee Pur]eumcn:e, and of this I appeale ' to all the Sberryfes and Lordes, let them accufe
* me Ireelye.
* Another
i
0/ E N G L A N D. TsJ
* AnoihcT Brainchc I muft add to the former Ag,jt„^^
* Three, which indeedc concernethe bothe Saft)'e 16(4. *â– and Ptoffytc, and concourcthe to thcra t>otbe ;
* that wee maye mceie Ihis Parleamente to re-
* moove and take awaye a!l Oppynyone of Dri- ' ties betweene me and my Subjeftes, which our ' lengthenytige out the Irtftc h;iEhe ricftcJ in tho •■Harre of manye bothe at home and abroadc; of
* which Thoughefomeof ihcLowercHoufcwcare
* in parte guilty, yet I mufte confefe ifieire was
* Mifunderftandingc on boiheSydes, and perhaps,
* Mefages broughte betweene us by fome (whom
* God fargyve) rather 10 countyiience and en-
* creafe then to reconfylle and deare the Errore;
* bur, Sublota Caufa iol/itur Effeilui-i this beinge
* removed and our Underrtandyngs re^lefyede, I
* hope, this (hall be cauled a Parleamcnic of Love.
* 1 will beg7ne my Parleamente contrary to the
* Ordere of all other, who gave, lyke a Keiribu- ' ihyone, iheire Graces in the End; bur, I will
* b^ine this with OfFeres to you, which I fpcaVe ' not to inlyJe you or intrape you, bul feveralley
* to (hewe my Lox'C and Inrenfyonc ro unhurtlien
* you of many Greefes \ but 1 refarre the Pait)'-
* culercs to be'delyvcred in Writyng at our nexc(i
* Meerynge.
* To conclude with feme generall Notes to ad-
* vance the Bulcnes for which wcc arc mcttci I
* commend to your Confydcrafons, the Tyme of
* the Ycare fnrre Ipente, the Waightc and Impor- ' tatice of the Affaires compared with it^ will
* ftyre you iipp to proceede rowndlcy, and not to
* loofe Tyme in Ccrremonyes and Trifles. ' Srcondly, To rememhere that what Crecvan-
* ces come into Qutftyonet that ynu will ufe a ' Mcane; I cnnfels it is more fyte you iliould
* prelcntc them unto me, every Man for his Con-
* rraye or Toune whesre he is burthened, provi* *â– dcd rhey be fyte Grecvances ; but to iieape them
* together In one Scroule, lyke r.n Armie, will but ^ cafte AfpcTiyonc uppon mc and my Governc-
' inentc,
An,
1614.
■•
084 7he Tarliamentary Histort
mente, and will favore moarc of Difcontente
then Defyre of Reformanioa.
' And do not beleeve I am lb icndere of my Pre-
* rogalyve as Ibme have rumored me; I defyre lo
* keepe alfo ihai Meane, as I wolde not loofe any
* ihc Hororcs and Flowercs of my Crowne,
* which I have xeceaved wiih it, hut rather loofe ' my Lift , fo I wold no waye ftrciche ihcm, not I ' will wade no further thcarin ihen ibe befte of ' my Piedece/lbres have done.
* And wheara any Controverfyes arife, my ' Lordcs ihc Judges chofene betwixle me and ' my People, Ihall dilcide and rulle me.
* As touching Pi oclaniaflianes which in the lafie ' Parlcamente was excepted at ; as he is a traylc-
* lous Subjedle that will fayc a Kinge raayc not ' protlapme and bynd by it, fo did I nevere in--
* lendc Pioclamaflioiies to have Force of Lawe,
* but 10 prevent Mifgreefe arrifyng, whsarin the ' Lav.'c harhe no Prcvifhon, untyl! a Parleamcnle ' cane provide i and this I I'peake becaufe of my
* lafte long Proclamalhone confernynge Daellcs,
* which I protcfte, I dide ojte of Confyencc to ' meetewiih thai giddy Opynyoneof Repuuflion,
* feeinge they have found a Shiffle 10 avoyde the
* Provifhon of Lawe by Things beyonde Seas,
* by the Example of the Ute Kmge of Fiaunf<\
* hopyngc Ufli-ill lake bcitcre Effedte then thear ic ' hathc done, by realbn of this Things Nolorie-
* wc, which, howe barbarous it is, that every
* Fellowe that haihe bync but over in the Lowe-
* Cmtreyeiy thoughe he retwrn in Raggs, fhall ' come a Judge of Honorc ; to meete, I faye,
* with this Incunvenyence, untyll a Parlcamente
* could take Order rhearin, which nowe 1 com- ' mende to your Grace and Confyderafhon.
' Laftely, The Forme I meane to hould in our
* Proceedingcs, to avoyde the longe Conferences ' bftweene the L'pper and the Lower Houfe, ' which brccde but Delayc, for fometymes the-
* Lower Houfe broughte nothinge but Tonges,
* fpraetymes nothinge but Years; I mcane to
' pro-
0/ E N G L A N D. aSj
• propound co the Lordes Mattcrts propcrc ioad. u. famMf.
them by Bylles, and the iyke to you, and to
* fpeake to you myfelf and rcccave your Anl'wers;
* this lo prevente iinnelcflary Meetyngcs, and to
* hartcne our Bufenes, iliat wee maye jtrofeede
* to ilie moftc urgente Pointe. And 1 do pro-
* pofe locontyncwe this Parleamentc to another
* Se!*.hones at Mitkeimafi when maye be fupplycd ' any fuche Defefle aa this fliorte Tyme will ' not gevc Leave, perhaps, to be amcr.ded.— -
* For I will meet*; you oftene in this Kynd to
* (hewe myfelf coniraryc to all Tyrantes, who
* love not Advifynge with their Subjetfles, but ' hate Parlcamentesj but moftc I defyre to meeie ' with you when I mighte aflte you nothinge, but
* that we mighte conferre together fieclye, and I
* maye heare oute of everye Cornore of my King-
* dome the Complayntc of my Subjc^es, and I
* will dcly vete you my Advife and Afyftance, and
* wee will confulte onlye df Reipublua; fo flial!
* the World fee 1 love to loyne with my Sub-
* jefles, and this will brcedc Lore aj Acquain-
* tancc doth amongftc honeftc Men, and the con-
* trary amongfte Knaves.
* ThAi as the lafte Parlcamente beganc with
* Trouble and Contenfhone and ended 16, fo this
* maye begine with Alacreiye and Love, and con-
* dude fo lykewife; whear Safiie (hall be abroade
* and Love at home, and all Afpcr(honc3 and Ru-
* mores of Difcontente betweene me and my Peo- ' pie ihall be takene awayc, and wee maye fynge
* tOKCthere, Ecce, quam bsitum it hcundum ; and
* when you flial! retwrne to your Contiaye, yoa
* fhall have Prayfcs, and he approovcd in the
* Choyfe made of you, ih.it you have behaved
* yourfelves difcreeitlye, that you have geven
* Contentc to your King, and accorded. — Bjt ' I (hall be afliamede to be wearisome lo you.
• Howe to profee<^e in this mutual Love, to
* mectc in a founde Oppynyor.e with the Kinge
* as he doth with you is a Pane of your Worke,
* For
1674.
â– ft
aS^ 'The Vnrltamcntary Histort
.iLjuoal. • For Undertakers, I protcfte, I nevcrc was fa 'SM* * bacc to callc or rclye uppon anye but your gcnc-
* lall Love, and if anye had bync fo fooliche to
* offere it, yet had it byne greaicre FoIIcy in m«
* to luve accepted it; and for Kledtyones atid
* patdiinge a Parleamente, I knowc none of
* them, nor iniercedcd, and who \vi!I double of
* (his gives me the Lye. I did profeede with a
* Dcfyre to iiufte my Subjcdtes, and to this my
* Counfclle and oihcr Gentlemen have encoura-
* ';ed roe, that as I intended graiyoufly to them,
* they woIJc *?ealc lovingley with mcj and this
* was all the Lhideriakinge.
* To fememberc the Shorteres of Tyme, to
* avoyde all Cureofetye, and to profeede with Ce-
* Icrctye to tlie moftc waighty AftUyres; and if ' anye fholdc bfgine with ne^ve Matteres, newe ' (^eftyones, Rtjtu anniiti Faliuiai^ rejice Gtnta-
* logtas: If anye bringeDifcorde amonge you,ac* ' compte him an Enemy that doth not only not
* m.iiiUr,yne this Summutn Bonumy this Harmony, *â– hut fcckes, by di(en(youcs Queftyoncs, to fcvcrr
* the Alfeclyores of the Kinge and People; that
* I maye rile wUh Difyre to rcturne and meelo ' you oftene, and you leturne with the Prayfc
* of diTcreete and well-tempered Men: If anye
* Man preche anye other Doiflryne, Anathema
* /:/, and efteem his Elbquence as a guildene Se-
* pulchere. This I have Ipokcne to your Hartes*
* your Affe^yone-!, and to yciur Hcades, your ' Keafones ; and if anye other IlTue fuccecde ' blame your/elves, for I have dealie with Sin-
* ceriiye. And wiH conclude with my Oflerea,
* which, bycaufe ihcy proceeds of Grace, i
* have put them iiiio Byllcs.'
Tlicre i*! not any Thin?, in the Jaurnah of this & (lion, material cnuugtx to be taken Notice of, uniil May the 7 th; when ilic Lord Chancellor m.ived thcHoufe, i'hat an Otdcr, made the lall iicffiuu of Parliament, for iJie better Ait.ndauce
of
0/ E N G L A N D. 287
! Peers,
which
1614.
_,hi he read and confirmed ; ^^
was done accordingly. """
May zirt, a Mcfl'^ge was fent from the Lower Hoiifc 10 ihe Lords, to dcllrc a Conference with thenft, touching the Point of ImpofitUm \ bui, the Number of the Committee, Time and Place was left to [heir Lcrdfliip's Appointment. ThcMel- (*engcr3 being withdrawn, the Lords rcfolvcd ihcmfelves into a Committee of the whole Houfc, to confider what Anfwer was proper to be rcluri- cd to the fnid Melllge.
The next Day ihis Matter was refumed \ it ap-Dp|,j,„ }„ ^ pcaring to be a liulinefs of grertr Tmporiance, and Uids, « m a vexata ^fjiioy the Lord Chancellor niewedCwnfeenre whh the Houfe » What DJfadvantagc it would be to ;,''^„^~^^" the King's Caufe, as well as to their own Honours, tioM. "*^^ if altogether unprovided, they ihould meet with the Lower Houfe. In which Regard, his Lord- fliip moved That the Lord Chief Juftice, and Chief Baron, with one Judge of each of the faid Courts, there named, who had been required and were then prefent to alTift that Court, might now be heard to deliver their Opinions, for the better Information and enabling of their Lordfhips to treat with the Cummona on the Point of /m- po/ttions ; and that no Anfwer fhould be lent down to ihe other Houfe *till this was concluded/
This Motion occafion'd a warm Dcbsteamongft the Lords, fome approv;ng and others difliking the Motion i and the Difference not likely to be fet- tled by Arguments on either Side ; it was at laft agreed that the Lord Chancellor fhould put the (^- cftion :
' Whether the Judges (hould deliver their O- pitiions, touching the Point of Impo/jimt, before a farther Confideration be had of an Anfwer to be returned to the Lower Houfe, concerning the MefTige from them lately rfceived ? '
This Qucftion was carried in the Affirmative ; and the Judges defiring to withdraw a little into a, private Room lo advifc by ihcmi'clves, they ibon after returned ; and Aandlng uncovered ia
their
The Parliamentary HiSTORT
An. i».j*fneii. their prop<?r Places, the Lord Chief Juftice, in a
1614. grave and eloquent Speech, * Humbly defired to
be exc'jfcd, for that T ime, giving his Opinion in
the Ca(e, tor many weighty and important Rea-
fons which he mentioned. Concluding, that he
TTie judgM de-^'^'^ '^'^ Brethren were to fpeak upon Particulars in
eijnc giving their Judicial Courts, between the King's Majefty and
Opiaiou there- f,[g Subjects, and likeivifc between Subjc^ them-
"^ felvcs; but, innoCaufe, to be Diiputants on any
Side.'
Then the Lord Chancellor moved the Houfe, That forafmuch as no Opinion or Direction was to be had from the Judges, they would now ad- vtfc what Antwer was to be lent to the Lower Houfe, who expcfted 10 hear from them. But Time not now lervinc;, the farther Confidcraiion thereof was referred to the next Morning j and (he Judges were ordered to attend again.
The next Day, May 24ch, the Lord Chan- CeUor renewed his Motion of what Anfwcr, i^t. on which arofe another ftrong- Debate in the Houfe, many of the Lords approving and others difspproving of any Metaingat all with the Com- mons on this Point: Since they all, in general, agreed, That the Lower Houfe was nor bound by any Order or Courfe taken by their Committee, but free and at Liberty to alter the fame, or var/ from it, as their Judgments led ihem. But, to pet an End lo thi>' Debaie, it was agreed that an- oiher Queltion fhould be propofed by the Lord Chancellor ro this Effcdt :
• Whether this Houfe fhill meet with thtf Lower Houf?, and give them a Hearing touching the Point of Imp:>!}tions^ * And thcgreaccr Num- ber of the Lords anfwcring Ntt {ontent, it paffecf in tl-.e Negative.
But nil! fomc MeiTiEc muft be fent to ihe Cont- mons ; and that Day bring far fpent, the MatiCT was agTin put off ro the next Meeting. Accor- dingly May the aSih, the following Meflage from the Jj^rds was agreed upon to be lent to the Lower Houfe ;
« Wh«r««
Of E N G L A N D, 185?
Whe
2nd Bu
nereas the Knights, l^iiiztns, and Bur- An.ii.j«mari gefles of the Commons Houfe of Parliament, did «6i4' defire of the Lords a Conference concerning /m- p9Jttions ; to which their Lordfliips anfwcred, That they would take it inro Confideratton, and fend ihcm an Anl'wer by Meffengers of their own j their Lordfliips do now reiutn this Anfwer unto Them» That ihey arc, and always will be willing and ready to hold a loving and mutual Correfpon- dcnce with them: But their Lordfhips having ^J^^.^'J"'^* entered tiuo a grave and ferious Conii deration, astLic^" well of the Matier itfelf, as of divers incident and neccflary Circumftances, do not think it conve- nient to enter into any Conference with ihem con- cerning the Point of Impo/iticns, at this Time.'
The fame Day two Bills were brojght in, and read afiiflTimeintheHoufeot Lords, one of them Intituled, ' An Aft againft Vexation of his Ma- jcfty's Subjc(ils by the Affif^ningof Debts to the Crown.* The other, ' An A€t for Repeal of a Branch of a Statute, made at If^efiminjier, An. 3^, Htn. 8. entimled * An Ai5l for certain Ordinances in the King's Majcfty's Dominions and Princi- pality of IValci.* Upon reading of both ihefe Bills, the Lord Chancellor obfervcd to the Houfe, * That thefe were Bills of Grace, offered by the Kii^ to his Subjeils for their Eafe and Benefit.'
But ihel'e ConcefHons of the King's had no Ef- feiS on the Houfe ctf Commons ; they were I'o much irritated againft the Lords for not yielding to a' Conference: And, on May the 28[h, a Mellage was fent up to the Higher Houfe, by Sir Edward Hobby and others, in thefe Words :
' That at fj^li Time as the Knighls, Citizens,^,, . , „ and Burgefles of the Commons Houfe of i'arIia-^„J^V«u meni, feni up to the Lords a MifTage, praying a Conference with their Lordfhips about impofithm : They hoped ihat, neither out of tht* Words nor Matter of ihe MetTage, it had been polTible to have framed any finifter or unworthy Conftruftion. That noiwithftanding, by publicic and conAant Fajnc, they bad heard, to tiicii Heart's Grief,
Vol. V. T that
2po The Tarliamentary History
Atut%.Uma i.tJ^at one in in thb Place and wilhin thefe Walb, iSi*. Tlamely, the Lord Bifhop of Li/ttdn, in order to difluadc the Lords from a Conference fo deiired* A Com liint 3S aforefeid, did ufe WoTds to the EfFedl follow- apinftt&eBifiioping, or the fame Words, viz. ^}?at the Matter^ of LiMolo 00 xvherMf Csnftrcnce xvai by that Ihufe defired^ h a thitAccoont; >Joli mc tangerc ; in Csnferring, alfi,that tht ta- kiHg tht Oaths of Allegiance and Su^emacy is an fmpedimint -, fi, <ii whfQ bad taken the /aid Oaths might not entery fafely^ into Conferentt if the faid Matter. Affirming farther. That it didjiriie^ not at a Bramh, but at the Rtst sf the Prerogative tf the Imperial Crown ; and that he doubted leaft in futh a Conferences as was defired^ there would, from feme cf the Committees of that Houfe, proceed fame unduttful andfeditious ^echesy unfit for their Ltrdfinps ta hear \ tending to a dangerous Rent and Dijlra^ion of kth Hiufes^ and to make an Aliena- tion between the King and hii Suf^e^s. That of fuch Scandal their Houl'e is fo fcnfible, that they have fent thefe Meflengers to fignify their Grief, and that they held the Lords fo honourable, that they caDnot but alfo take Notice thereof. Wherefore, that Houfe did defire ihat iheir Lordfhips will join with them in fomc Courfe to give them Satif- /aditon for fn great a Wrong done to the Com- mons; which they have taken fo to Heart, that they have determined to forbear all Parliament Matter, until they may receive Anfwer from the Lords; wherein they doubt not but their Lord- flitps will deal nobly with them, and they defire it may be fpeedily.'
Sir Edwajd HMy being aflced by the Lord Chan- cellor, Whether he had in Writing the Mefligc fo delivered, as aforefaidf Anfwcrcd, He had not.
The Lords then reti;rncd Anfwer, * That ihcy had taken Notice of the Mefl^ie, and will take the iam« into further Cunfideration, as the Weight thereof requireth: Wherein ihcy will have Rc- fpedl both to their Hono'jrs and the Honour of the other Houfe; and will icnd ihcm further Anfwer.
After
Of ENGLAND, ipi
After this, a (hort Memorandum is exiter'd oiiAn. iijamai* the Jffui/tuls, intimating, That before the An- ^61^ fwer, above fpecifiedi, was agreed on, the Ser- jeant of the Lower Houfe came to the Gentleman- Uflier of the Lords, to learn. Whether their Ixirdihips wuuld fend Anfwer to the McHagc on that Day, or not? To which the Genilcman- Uiher, with the Privity of the Lords, anfwered, as from himfelf. That he knew not ; which fhews the extream Jcaloufy then between the two Houfes.
The Name of this Bifhop of Lincshy com- plained againll by the Commons, was Richard Nejle; who, wasaftcrwarcterranflated toZ)ar^tfm, thence 10 fVifuhtfttr^ and M!y, made Archbifliop of Yerk. This Man had been firft Bifhop of Ro- thijler^ then Bifhop of Litchfield and Coventry^ be- fore he came to Lincoln j fo that all thele dif* ferent Tranflationa fliewed him Courtier enough to merit them. He continued a Favourite, with ihi$ King and his SuccefTor, lohis Death, which happen- ed at Y(trk^ in the Year 164.0 \ a lucky Time for a Prelate of his Principles to leave this Kingdom (1).
May 30th, the Lord Chancellor moved the Houfe to cunfider and rcfolve of an Anfwer to be fent to the Meflage or Complaint, which they lately received from the other Houfe, touching the BUhop of Lincoln. And, by Order, the Arch- biOiop of Canterbury produced a Copy of one, ready drawn, for that Purpofe, which being read, was to this Eflcifl :
' That ihe Lords, having received from tht
Commons a Complaint againft the Biihop of Zw-
celn^ have ferioufly entered into Coufideraiion of
it, and do now letum this Aofvcr^ That their
T 2 Lord-
(i) In tbff Life of Dr. Anirtws, BUhop of WinchtRrr, tre n* told, ' Th« h« and BiAop Utile being at Otnnor with the King, Hi* Mjjelly ilk'd him, If bt ItaJ net a H'ii'' >'« '«4f hitSutjtfft Motrf v/itb»al Cvnfenl tj Piirliame't f AfiJrnvt anfwet'd, Hii Studtet bad teen ttufi'Td to Pointi of Diviriitj, But KtiU, being aflc'J the fkme <2tKftion, f»id, CoJ firkid hat jvu Jbfuld^ yvu srt ibi Brfatb af urr N^rih. Upon tab the King njieated thcCt^ic- ftion to AMrrmn : To whieh he made this ingcoious Reply, Te-r M^ifty bMt m umdevbttd Jtiihr re py Bntbtr NeUe'i Monty.'
I6I4.
ijj2 'ifje "Parliamentary HtsTORT
An,ii.J«iw«l.lx)rdfhip5 would take very tenderly that any un- worthy Afperlion fliould be laij on that Bodyj which they lb much rcfpeft; and with whom they*defirc to hold all good Corrcfpondence and Agreement.'
* But, forafmuch as the Complaint fecmech to be grounded, not upon dired or certain Proof, but only upon common public Fame i their Lord- {htps do not tbbk that common Faroe, only, is a fufficient Ground, whereon they may proceed as in this Caufe is required.*
* Neverihelefs, their Lordfhips are fo refpeflive of any Thing that may concern that Houfe, that when they fhall be more certainly inform'd,in direft and exprcl's Terms, what the Words were wherein the Lord Bj{hap of Lincoln is to be charged, and how the lame are to be prov'd, they will proceed tlierein, fO effcilually, according lo Honour and Juftice, as it fhati thereby well appear how care- ful they arc to give fo that Houfe all good Satis- faction in this Bufinefe ihat may be, and to omit nothing that can be juftlv or lawfully done in ihat Behalf/
This Anfwer was approved on by ihe whole Houfe, an.J (ent in Writing to the Cominona, by Meiiengcrs of their own; with this Inftiuiflion^' That if they, of ihc Lower Houfe, ihould re- quire to have the Pnper, then the Meflengers weie authorized to deliver the fame, which they did accordingly.
The next Day came another Mcflage from the Commons, brought by Sir Roger Owen and others ; Who, having firtl repeated the Subllance of their Lordfliips Anlwer of Yeftcrday, acquainted this Houfe :
That tbo* the Commons did not t.ikc com- mon and public Fame ti. be a fufficient Ground or Proof, by a legal and ordinary Courfc of Juftice, in proceeding againil any Man j yet they held it enough to induce the Lords of that Houfe to take The Matter intoConfideration. And, albeit ihey did not fet down the Words, in particular; yet,
was
0/ E N G L A N D.
ap3
wasthe Matter, a? they conceive, fufficiently laid An,,i.jaanf,
down, when in EfFeft they faid, ' That the Lord 1614.
Bifhop of Un(oln^ in this Houtc, to cJiiTuade the
Lords from a Conference with them touching /m-
pc/ithns-, termed the Prerogative, £3^^. a A'c/; tm
tangtre\ infinuaiing ihat the taking of the Oath of
Supremacy and Allegiance did rcftrain a Man from
treating of that Bulinefs; Alfo, he doubted but
in the Conference would be ul'ed, or fpoken, fome
undutiful and feditious Words, not fit for ihcir
Lordlhip5 10 hear, or Words to the like or worfe
Effc6. Thai now the Commons do defuc the
Lords» If [hefe Words were not fpoken, To to lig-
nify it to the Houfe i oiherwife, if they were ufed,
then they hope their Lordfhips will do as they
have promiled. Laftly, from the Commons, he
faid, further. That they knew not what other
Courfc they could have taken to bring this Matter
to Examination, or otberwife have any undutiful
Speech, which may be moved in either Houl'e,
called m Qiieftion.*
After Sir It}ger Owen had delivered his Meflage, the Lord Chancellor afked him. If he had it in Writing ? To which hcanfwered in the Negative. The Lord Chancellor then aci^uainted him, That the Houfe would take his Meflage into Conlidera- lion, and fend Anfwer, if they could, before they rife ; oiherwifc, will let them know as much.
Accordmgly, the fame Day, ihe Lords fent to acqyainr the other Houfe, ' That they had con- iidered of their lart Meflage, and, in debating there- upon, the Lord Bilhopof Lincsln had humbly ia- ireated that he might be heard to explain himfclf ; which being granted unto him, he had made a folemn Proieftaiion, on his Salvation, that lie did not fpcak any Thinj^ with any evil Iniention to the Houfe of Commons, which he doih with all hearty Duty anj Re'pc£t highly ellccm. Expref- ling, wiih m.my Tcirs, his Sorrow that his Words were to milconceivcd and ftraincd further than he ever Intended them ; and that his Speech fhould occafijn fo much Trouble to their Lordfhips or T 3 liiat
iwe Hevrci.
194 the Parliamentary Hi&tort
4ji,».Tw«ti,^^ the Lower Houfe (hould take Offence at it ' 1614. Which (uboninive and bgcnuous Behaviour of his, had given ibis Saiisfadtion to their Lordlhips, That, howfbever the Words might found, his In- tention was not as it hath been talcen. And ibeir Lordthips do afiure the Commons, That if they bad conceived the faid Bifhop's Words, to have whkb orcaGofu ''^^ fpoken OF meant to have caft any Afperlion •Mifuadrrftand- of Sedition, OF Undutifuincfc unto their Houle, !"!L^"" li'fas it feems Report has carried it to ihsm) their* LordOiips would forthwith have proceeded to th« ' cenfuriDg and punifhing thereof with all Severity. \ NeverthelciJi, tlio' their Lordihips have thought j fit to fignify their Carefulnefe at thi» Time to give' them Contt;ntmcnt, for the better expediting his.^ Majefty'a great Bulinef;, and to retain all (^ Correfpondence with them i yet their Lordfhip are of Opinion^ That, hereafter, no Member of J their Houfe ought to b<; called in Qjeftion, wheorl (here is no other Ground for it, but public and] common Fame.'
The Meiiengers then proceeded to tell the Com* mons another Pan of their Mcfla^c, which was,! That the Lords did delire a Conference with them by Commiitees of either Houfe, about a Bill for punifhing Abufes committed on ihe Sabbath Day, called Sunday \ which was accepted on. This Bill had been depending fome Time in the Houfe of Lords ; but, as it was prevented from being made a Law by the fuddcn Diflblution of this pArliamcnt» we can give no farther Account of it. And, at the Conference, the Committee of the Commons, declaring, That they had no Authority, or War- rant, to treat, or confer, but, only, to hear what fliould be faid by the oihers, and report the fame to their Houfe i the Lords broke up the Confe- rence, and delivered back the Bill to their own Houfe-
Before we go on with the further Proceedings of this Seflion amcngft the Lords, it will be uecef- fary to look back into the Jcurnais of the Com- mons, for an EtiUrgement aud ConHrm^tion of
the
0/ E N G L A N D. 29s
the foregoing Particulars; as well as a RecitaJ of ab.ii. Juiuil. fomc Matters not mentioned in the other Au- "614, thorities.
Three Days after the Meeting> /f^nV 8th, when the Commons were adjufting their Privileges, and reftifying Kleftionsj a remarkable Cafe darted in this laft Atfair, propofed by one, ' Whether the Attorney- General might be elefled, in refpeft there was no Precedent that fuch an Officer of the Crown could be chofen a Member of that Houfc? Sir Henry Hsif^rt's Cafe being different, he being a Member of this Houfe when he was made At- torney- General . ' In the Debates on this Queftion, Sir Rfger Owtn argued, • That no Attorney was ever chofen ; nor, aniiently any Privy-Counlellor; nor any that took Livery of the King. He quo- Cife of the ted fome Precedents for ihisi as the 7th of Ricb-^l.'J^^' ard II. a Knight Banneret was put out of the Houfe i and by prfnted Authority, he inlVanced SirT^tfWtf; jl/i?c/-*'sTreatife after he had been Cbaa- celtor and Speaker. That the Eye of a Courtier can endure no Colours but one ; the King's Live- ry hindering (heir Sight. Compared them to a Cloud gilded by the Rays of the Sun ; and to Brafs Coin which the King's Stamp makes current.' SaJshnSaviU moved, ' That ihoie Privy-Coun- fellors who had got Seats might ftay for that Time; buttoputlbeQueftion, Whether Mr. At" torjiey fhould ferve in that Houfe ? Much more Debate cnfued on this, til), at tail, it was agreed to be referred to a Committee to fearch Prece- dents, ^:. Upon the whole, it was refolvtd on the Queftion, That he Ihill for this Parliament, remain in the Houfe ; but never any Attorney-Ge- neral to fervc for the fucure.
jfyriJ the Jitb, a Supply was moved for by Dchitr on the Mr. Secretary iJirhert\ who fai^l, * That if he M"t.mi fot » wa* b'li a piHMie Perlon, and nut bound by Duty, ^"^p?^'' his Motion »'ouId not be entertained with lo much Jealoufy. Hjt, as a Secretary of State he urged It not for the private Ulc of the King, but the pub- lic Good of the Comniou- Wealth. That the
S;a(e
t6i^
2p6 7^^ Tarliamentary History
Ad. »;J«n«i. State rannot a£t wiihout Rcdrefs of tliofc Miferics we arc under. He took them to be ill Members, who, to enrich the King's Cc'ffcrs, ranCick and ranrom the King's Subjefts. The Strength of the King is in the Wealth and Love of his Subjedls. And to relieve the Necefllrics of the State, the King hath taken rtSlam et regiam Fiam, by calling a Parliament. N'eme tmfiur fuam Turpitudmm re- vehu i ihc King's Debts mould be made known by thofe who are bcft acquainted with ihem. His Navy, the Walls of our Country, never in better Equipage; yet, in fuch NecefTuy, as muft have been long fincedlfToIvcd, if fpccial Care had not been Liken to prevent it. That the cnutionary Towns, for Wa^it of Pay, were like to mutiny. Ireland was not fo much a Thorn in our Foot,- but a Thorn in our Side. If a Revolt fhould hap- pen there, what Shame and DiTgrace would be it? leave it,, or what Troubleand Danger to recover it ? The laft diforderly Parliament there hath awa- kened Tyrone; who i3 now treating with the Pfipe to come next Summer, and that al! ihe ill-alFefted'
there wait the Ifliie of this Parliampnt. His'
Majcfty's Charge in G/r;/wrj,*, for fettling the right Inheritors there. The Sutc of France. The Cuftom of Spai*t to fifii in troubled Warcr. If,- by the double Marriage, the King take Part, he' he muft needs become a Par^y, iho* with the Charge of a Royal Army. The Superfluities of one Year, of every Man at his Table, Appa- icl, i^c. will difcharge the King's Debts and pro- tcft us and all our Privileges. That we now are expofed, by our Poverty, in all other Parrs to Contempt and Scorn. That his Majcfty's Grace, ai it is offered lo u?, may be termed anotlier Alag- ?ij Chrtn. The Murriagc of his Da'iiliier Wi,s another Caufc of this Debt. That the P^pf nevt'i had fo great a Blow as by that March â– â– , wliich oc- ' cafioned the King to banifh fo dear a Daughter from fo indulgent a Father. He concluded, That a cheerful and Ipcedy Conttibution would be grate- ful, butwithal! thcConvcniencypoffible; which ' would
0/ E N G L A N D. 297
would be great Joy to all, when heard abroad,A«<»-J«nttl. thai all Differences between the King and his Sub- '*'*' jedts were ended.
Mr Chancellor of the Exchequer Ipokc next, and faid, ' That not only his Duty to the King, but Care of his Country, for which he would lay dovvn his Life, moved him, to inform thcHoufeof what he knew ihey would be glad to hear. That there was no Safety to any Cuunfcl in this Houfe* whilft the other Motion for a Supply to the King was deferred. That 1500 poor Mariners were ready to lalute ihem every IVlorning ; others, for Want of Money, ready to pull off his Gown. That thefe were not private Expences, or Houfhold Affairs, but for Navy and Forts. Dffvsr Cattle like to fall down ; two or three in the Ifle of ff^ight were in the fame Condition. Ireland was like to be ha7.arded for Wan: of Money. The Garrifons in Fiujhing and Bn'd leady to mutiny for the fame Caufe; which are Pledges for near 700,000). If abruptly thcic Things be I'poken, he was in Fear and Trembling; for the Conlequence. And if now the Supply v/as undcnaltcn, it would be man/ Months before Money came in.'
* He offered to difclofe »he Particulars of the Debts to any Member, privately ; and the Affu- raiicc for ilic well-dirpofing of what was p;ranted. But that it was not agreeable toihe King's Pleafure to difclofe his Debts to every one, no more than to direct them what ibcy fhould give. He there- fore n-.ovcd for a Sub-Committee 10 be appointed for this Bufinefs.*
The Atromey- General began next with telling the Houfe, * That fince they had been pleafed to retain htm there, he owed them the beft Offices he could } ard, if ihcy had difmiffed him, his be(^
Wilhes would have been ftill wiih them.
That nil i)erlinent Speeches tended to one of the(e (hree Ends; either Information of the Matter 10 pcrfuade Confcnt, or to trace out the belt Means to effect the Thing propofed. Little remained to him in any of thcfc three Kinds > iince the fifl%
Ui
spS The Parliamentary Histort
Aji.i».>me«!.had been already delivered by ihem to whom, pro- 1(14. pcrly, it belonged. But they were to confidcr what hangs over us all, viz. Danger j what upon us. Want.
* That, in Times of Peace, it was proper to provide for Defence, by a Supply of Treafure, as well as in Time of War; which fomeiimes hap- pens for a Flag of Glory, or a Fhlh of Revenge, â– and may be purfued or left at Pleafure. But when a State is environed with envious Foreigners on the one Side, and Encroachments on Trade on the oiher, and Religion fo much queftioned. Peace
may flatter us, but rot fecure us. That the
States of Eur$pt were never fo dark i and, but lo_ look a Year before him, would trouble the beftj Watchman in Europt. There ought to t>c Pro- 1 vilion of Arms for travelling in ibe Night as weltlj as going to War. And what Treaty can waj make with Strangers for Wrongs, but bafely oqj| our Parts and glorioufly on theirs, whilft we aro| in Want. That no private Man U more fubjedl^ to Sheriff's OiHcers, than a State in Want to Sur-.i prizes; aiid that Treafure was like. Ballaft to a] Ship, the Word, Steady*
' That Perfuafion, in this Matter, was necdlefsj and unwife; a wiieM.in (houtd malte a Fire, but 1 can let it alone, when it buriieih well. The Fire J of their Affeilions was kindled by the King's Speech; his Graces did (hitie and warm :hem, without the Help of a Buming-Glafs, The King had made fuch a Trafl, in almoft every Point of his Prerogative, that the Foolfteps of King Jamts,\ â– would ever remain. The Kin^s Prerogative was not like a Bow or Watch String, but groweth flronger by Continuance; and that when his Means fhall abound, in Grace he will fuperabound. Dukii TrtJ^ui pari Jugs. The King's Bufincfs aha Common-Wcilih's to go together. Laltly, He moved for no particular Commiitee or Sub- committee, but a Committee of the whole Houfe/ Thefe were llie Sum of the Arguments the Couriicr; made uic q{ vo enforce the Supply ; bucj^
maair
0/- E N G L A N D. app
many more pr$ and <■«, were the Subjcfl of a 4^. i «. lurwiT? whole Dav*3 Debate. The Refuk of which laft 1614. was, chiefty, to ui^c that it was not now a Time. That divers Members were not yet come. The Houfe to be called firft. To receive the Com- munion firft, as appointed, according to the Pri- ^^j^.,^ ,^j^^ mitlve Church, and then to make an Offering, t^c, hjM by the In {hort, the Bufinefs was deferred till after c*^"""*
April the i8ih, a Bill concerning Taxes and Iropolitions on Merchants Goods by the Crown, was read a fecond Time ; and, after a Jong De- bate, was committed to the whole Houfe for the next V>x^ Fortnight ; the Houfe being adjourned for that Time, on account of Eafter Holidays. May 5ih the Debate was again refumed, ^nd it was refolved, upon the Queftion, to have a Con- ference with the Lords concerning impofuiont. The reft of this Affair is already recited from the lord's Jmrnah.
The Complaint againft the Biftiop of Lincoln was made in the Houfe of Commons, Afo;f »5th, on which a long Debate arofe ; and feveral fe- vere Speeches were thrown out againft the whole Order. One faid. There had been continual In- terruptions all this Parliament. This Bone, a- mongft the reft, thrown in by a Devil, if a Bifliop may be a Devil. That a Speech an bonourabfe Perfon made in this Houfe hath rubbed them, and they now winch ; forty fuch as he had the King*i Ear fo much, &c. and moved to proceed to no other Bufmcfs til! lliis was righted. The next Day, and D^y afiei, were entirely taken up with Difputes, how to ?.i\ in this Affair i nor, could a Letter from his Majcfty quiet them, but a Meflagc was rcfolved to be i'enc to the Lords to require Sa- tisfaction; which was done accordingly as is before related, with the reft of the Proceedings, in the JournaU of the Upper Houfe of Parliament.
June the 5th, the Commons ftill perfifting in ;hcir former Rcfolution, the Speaker delivered a M^fl'agc CO them, which be hiid received from the
Kin*'.
300 TheTarliamentary Histort
An. tz- I»ine* I. '^'"gt ^^^ Ufiltfs tbfy forthwith procetd tc treat 1614. «/ his Supply t he would dijotve the ParHament. This Mcflage fomewhat alarmed the Houfe; and Sir George A4^re g^ot up and fpake to (his EflTefl: TheKirsthrti- * That ibis MeiTage from the King gave him leni 10 (ijjTai« much Uiidlinefs, bccaule of the Slate of the Com- ihtPiiliamoit. mon- Wealth. His Majefty's Wants and the P«o-- j pie's Grievances; in both which the Common- Wcalih is interefled ; and is the Ship wherein ihejr all failed, and mull live or die. That it ihey ne- ■• g!t<5ted what was now to be done, the Common- Wealih would receive the PreJLidice. And moved,- without farther Delay, to appoint a Commiclee^li to coniider of what was fitteft to be done con-- cerning all thcfe great MaUers.*
This Speech was feconded by other Membera who moved to oblige the K.ing, leil be fliould l.iy a heavy Hand upon them ; that This was a DilTumtion, not of this, but of alli ParliamentSi, 'I'h.it grest Care was to be had of 3 good Conclu-^ ilon, wuhout any Extremity on either Part. ' Moved to prefent his Majefty wiili fome Proper**'! lion of Supply prefenily. And to have a fpecial^ Care to avoid the King's Penury, or his Difn grace, ^r.
At length it was agreed upon the Queftion,«i * That a Committee of the whole Houle (houldbl prepare an Anfwer to the King's MeiTagCi to meet that Afternoon; all other Committees, ex- cept one on the Bifhop's Bufinefs, fet npart, till this Affair was done,' But, though the Hoiife met the next Dsy, June the 61 h, there is nothing of this Bufmefs in their J^urnah; and we rauft have recourfe to ihofe of tlie Lords, for an End of this unfottunate Dilpute between the three £ dates of the Kingdom.
Things flandingin thisperverfe Situation, as be- fore related, and the Commons perlifting in their Rcfolution that they wuuid proceed to no Bufmefs till they hiid more Sacisfaition given (hem from the Lords, about the Biftiop of /.main. On the tftb Day of Junsy the Houfe of Lords being met,.
afict
O/' E N G L A N D. 301
after a general and long Silence in ihe Houfe, theAo. n. Junwl Lord Chancellor, in a very grave and worthy »*H- Speech, as the Journals uxprels it, ' Gave the Lords great 'Ihanks for having lo nobly born with the many Motions he had, fo Qnieafonably, made unto them. And b^'d Leave row to move 10 them a Bufineis, which, as he faid, himfelf fcarcc underftood. He then put their Lordfhips in Mind that the King, for weighty and impor- tant Realons did call a Parliament, to begin ihe fth Day of jlpnl laft, and that now U was his Majefty's Pleafure to dlllblve the fame; and for that Purpofe a Commiflion is now put forth under the Grcilt Seal, which is this Day to be executed.* But Hrft he moved that the following Meflage flioutd be fent to the Commons, which was gene- rally agreed to.
* That the Lords have underftood a Commir- fion under the Great Seal of England is fet forth for diflblving this Parliament, as this Day, which was begun on the ;th of ^pril laft. And, foraf- iDuch as they thought to have heard fomeihing from that Houfe ihis Morning, they have hitherto ftay'd the publiftiing the faid Commiflion. Their Lordfhips now eXped to know whether they fhall he.r any Thing from them or no j otherwife, the fiords CommiCioners muft this Day difiblve the Parliament.'
The Commons took a little Time to confider of this Meflage, and, afterwards, returned this Anfwer ; ' That, by it, ihcy were informed of a Commiflion ifliied forth to certain Lords, for dif- folving the Parliament as this Day. And, that their Lordlhips have hitherto madeSiay cf publifh- ing 11, txpet^ing to hear fomething from ihem, ^£. tit fupra. In Anfwer to which, they ^ive their Lordfliips to iindcrftand. That this Moriiing they receiv'd a Letter, directed to their Speaker, from his Majefty, whereby it was fij^nificd. That a/^rft?; Which thtCcm- his Majejiy, by f&rmcr Letters, bad dedared bisf^^'"*''"^"^ Determination todiffohe the Parliament , on Thurf- '"*' day nsxty exapt^ in the mean 7:me, their Hnuje
Jhow'd
Fi The Tarlhmentarj Histor t
ktui%.}».mtil,A>9uU proceed in bis important Bu/me/sj /or which f6i4' r^v fame wdj, eJPiciaffyy cafUd: Yet new it was his Majejifs Pkafure to diffohe the Parliament 7fl- I morrow, being the ^th of thii Mentha unUfi they
Jbali before that Time perform what^ by the fmd former Letters^ was required. La/lfy, that they have entered into Confderation of this great Matter. The Lords Com mifli oners, named in ibe Com- milHon, by Order of the Houfe, wn'thdrew them- felves to advife what in this Cafe was fit by them to be done ; and being returned into the Houfe, by general Confent of all the Lords then prelcnt, Anfwer was lent to the Lower Houfe, That their Lordfliips having confidered of the Anfwer, which that Houfe fent to them, have refolved to adjourn this Court until Two o'Clock To-morrow ia the Afcernoon, which will be the 7th Inftantj which was done accordingly.
On that Day were ptefent in the Houfe of Lords, befidcs the Lord Chancellor and the two Arch- bifbops, 16 other Bifhops, 17 Earls, one Vlfcount and 33 Barons. Who, beir^aU aflembleJ in their- Parliament Robes, after Prayers were ended, the Coramcflioncis, taking Notice of his Majefty's Tt* PMlnHncntCommlffion for difiblving ihc Parltament, left their proper Seats, and went up to fit on a Bench or Form, prepared for them and placed croft the Houfe, between the Chair of Stale and the Wool- Sack, whereon the Lord Chancellor ufually fitteth. After fome fmall Intermiflion, the Gentleman Ufher was commanded to fignify unto the Speaker of the Lower Houfe, Thai the Lords ivere ready, in their Robes, and did expedl the coming up of him and the Commons, to whom his Majefty's Pleafure is further to be declared ; according to the Commiflion direfled 10 feveral Lords for that Purpoie.
The Speaker and the Commons being come op lo the Bar of the Houfe of Lords, the Lord Chan- cellor declared, * That ic hsd pleafed his Majefty to ordain thb Parliament to be begua and bolden on the sthDay of/gori/Jafti andnow, fordK'crs
good
n iccordiogly diflbjved,
0/ E N G L A N D. 303
good and weighty Con fxterat ions, known to hi8Aft.xs. Jsmal Majcfty, he had thought proper to diflblvc and j6i*. finally determine the lame ; and, that for the fame Purpofe, his Majcfty had been pleafed to «;rant 4 CommifTion to certain Lords.' Then the Clerk of Par]iamen:,goingupjreceivcd iheCommifiion from the Chancellor on his Knees; and, afterwards, from his own Place, read the fame to both ihc Houfcs* The Comraiflion itfelf, being iomewhat particular, deferves a Place in ibefc Knquirtcs.
JAMES R.
JACOBUS, Dti Gratia^ AngUse, Scotia;, ^c, ^ ^^.i^bte ReverendiptM in Chrillo Pntri^ a fideH Con/i- Coaunidioa <« liario no/fro (i)y Georgio, jfrebi^ijcopa Cuntun- *^^ P'"?^^'- rienfi, Mius Anglic Primati et Mitropctitam ; ThomvtDomim Ellefmere, CameUario mhro Artg- liSBt at etiam Reuerendijfimo in Chrifto 'Pairi^ Tobix, /trchiejcapo Lboraci,Anglia? Primati et Mt- trepoUtano (/),&c. Saiutem, Cum nuperpre^itufdam arduJs it urgentibus Negttiiiy Nss Statum it Dtftn- fi9Htm RtgHX Mfiri Angli» et Ea/efia Anglicanac ecncerrjentihuSf Parliamentum nnjirum apudCivita" tern nofiram Wcftmonaftcrii, qainto Die Aprilis ttUifm pratiritSf inthoari et te>ieri ordinaxnmus ; ^uod quidam Parliamentum tantummids itichoatvm Juit, Sed pro co quod nuHus regalis Aflenfus, aut Re- fiXinfio, per Nos, prztlita fuit, nullum Parliamen- tum, nee atiquaSelHoParliamenti, babutt auitenuit exiflentem: Scietis^ quod (ertis urgentibus Caujis it Csft/ideratisfiibus NfS Speiialiter mofentibus, hoc irtfiante feptimo Die Junii, dictum Parliamentum^ inchcGtum ut fupradi£lum efit duximus J.Jfolvendum. De Ftdelttate igitur^ Prudintia et Circumfpeiiitne vej}ris plurimum imfidenta^ affignavimui P'es Com' mifimarios mjlres^ dantes vobis vel aiiquibus tribm ■wpiuribus vejlrum^ Temre Prajentium^ pltnam Pa- tefiateWt Fatultatem^ et Authoritatemy hcc tnjiantt feptimo Die Juniij adpnedi^um Pariiamefitum, in-
( boat urn
MenhmH auide Arcbbiilkof of Ttrk, fmu Durb^m, jt», 1606. , Lt Nrvt'i TsJH £uUf, /ing.
304 The Parliamentary Histort
\»,xk.\i..\xait%\.ch9atum ut Jupra diiium eft^ Nomint mflrs dif- i6i4" folvnuiumi et idto Fobis mandamui, qued l^oit vel als^ui trti out plura vtjirum, pradi^um Par- liamtntum^ fu ut prefertur incheatum, hoc inflame fept'mo Die Junii, i^irtuU harum Lit/rat urn us/Ira^ rum Pafentiumy Noffiine noflro, pUne dijjslvciii it dctirminaiU^ &c. Tcfle me'ipfo apud Weftmona- fterium, fepiimo Die Junii, Anns Regm nojiri Anglise, Francise et Hibernite 12, et Scotix 47.
C O P P I N. Domini Commiffiwarii, hdie prafentes^ Virtute Commiffmiii pratit^a, pradi^um ParHamentum^ inchcatum ut fupradsiium 5/?, diffdverunt \ Nomine Re^St Demiijo Cancellario ita dedarante.
By the fuddcn Dinblation of this Pirliament, all ibe Bills which had been brought in or pafled in cirhcr Houfe, were fruftratcd and entirely di&- rulled. At the End of the Lords Journa! for this Parliament, is a Note, or Catalogue, nffuch Bills as were delivered into that Houl'e, with their Titles, by which it appears that about tbreeftoreot them were before the Lords \. and though feveral Verc rejeflcd, that there were enough left to em- ploy their Thoughts and Time for that Seflion. Amongft the relL we find that a Bill for granting a Subjidy^ by the Temporality, is mentioned ; but no Particulars of it j ib this murt fall to the Ground as well as the other. Since there is no farther Ac- count, in the Journah, ot the Reafons which in- rluced llie King to take this Relblutton, than what we have aheaily given i we muft be content to ^ivc the Sentiments of our Hiftorians about it. And firlV, Mt lyilf^n^im) after acqu:iinting, us with fcyeral Prqjeds, invented by the King and his Mi- nill^ for railing a fufficienl Fund of Money wilh- i>ut the Help of PaTltamcnt, and they failing, tells Us, thji one was retolv d on, though who dare venture, ad Is he, on fuch ref^rattory Sfiirits- • Yet there was a Generation about the Court, ihdt, to pleafc aiit] humour GreatnclS) undenook
a Pai-
0/ E N G L A N D. 30J
a Parliilment j as Men prefuming to have Friends Ad.ii.JamciIi in every County and Burroughs who, by iheir »*>4» Power amongft the People, would make EleOioa of fuch Members, for Knights and Burgcifes, as fhould comply, wholly, with the King's DeJires. Somerfet was the Head and Chief of thefe Under- takings 't but. this was but an Embrio and proved an Abortion. The Engijh Freedom cannot be Rcmarka there- loft by a few bafe and tame Spirits, who would ™^ unmake themfelvcs and their Pofteriiy to aggran- dize oneMan. For, the Parliament meeting, ac- cording 10 Summons, fuch Faces appeared there as made the Court droop j who, inttcad of contri- buting to the Kmg*s Wants, laid open his Waftes ; efpecially upon the 5f^«, with whom they dcfirc Me£ttaiem Lingu/s^ a Share of Favour. And they befeech hisMajefty to ftop the Current of future Accefs of that Nalioo, to make Rcfidence here, having enough to eat up their own Cruras. They enquire into the Caufes of the unexpected Increafe of Popifh Recufants, fmce the Gunpow- der Plot, the Dcteftation whereof they thought fhould have entirely cxtinguifhed thetn, and ihey iind it owin;^ to the Admiffion of Popilh Nobility into his Councils ; the Silencing of many watchful and diligeni ^4mirters j the divers Treaties his Ma- jefty hath entertained, not only for the Marriage of the deccafed Piince Henry, but for Prince Charles that now liveth, with the Daughters of Popifh Princes i which diOieartncth the Protcftant and encourageth the Rcculant. Laying open, with thefe, many other M-fcarriages in Government; which ihe Kin^^, willing to have concealed, flop- ped them in iheir Courfe ^ diflblving the Parlia- jnen:, and committing to the Tower and other Pri- fons, (the Beginning of Encroachmenis upon the public Liberties) fuch as were molt a<5tivc for the Common Good.'
Thus far our Biographer \ and how his Reprc- feniation agrees with the undoubted Authorities of the JournaJs, is lelt to the Keader's Judgment. The Commttmcnls he ipeaks of are not mention'i
Vol. V. U there,
3cd The Tarliamentary Hjstort
-yiVj^jjl there, nor in CamAJfy's Annals of this Reign j nor 1615. " in any other Hiftorian, but who has borrowed from ihe fingle Auibociiy of this p;^rti2l Writer. The Reader may remember feveral Commitments of this Kind done in the laft Reign, for Woids fpoVc within the Houic of Commons, by the Members of it ; but, as yet, this prefenc King ftanda clear from any iUch Encroachments on the public Liberty. But, to go on Hill with our Hiftorian.
fVilfon informs us> * That an Aid from Parlia- ment being denied, the Miniftry went upon other ' Projefls to raile Money; different both in Name
and Nature from the former. A benevolence was extorted; a Free Gift ^ adds' he, was urged upon them, againrt tlieir Wills ; and they who did not give in their Money muft give in Iheir Names, which carried a kind of Fright with it. But, the moil knowing Men, (like fo many Pillars of the Kingdom's Liberties} fupported their Neighbour's tottering Refoluiions, by nfluring them. That thet'e Kinds of Bensvolemes were at|,ainft Law, Reafon and Religion. To prove chisj Our Author goes on and tells us:
' That it wa3 againft Law, being prohibited by divers A^s of Parliament, and a Curfe pro- hibited againft the Infiingersof them.
* Againft Reafon, bet'aufe it was unreafonable a particular Man fhnuld oppofe his Judgment and Difcretion to the Wifdoni and Judgment of the Kingdom aflemblei in Parliament, who have there denied any luch Aid.
• And, contrary to RelJu;ion, That a King fhould violate hjs Oath, taken at his Coronation, for maintaining ihe Laws, Liberties and Cuftoms of this Realm, and be afiiftcd by his Subjedb in an A^ of fo much Injiiftke and Impiety. Thefe, continues lie, and many oilier Arguments,, inftil- led into the People, by feme good Patriots, were great Impediments to xh^BiftevoUmei lb that they got but little Money and loft a great Deal of liOVC. Subjidics gti, adds he, more of their Money,
but
goi Lg
Oy E N G L A ND. 307
but Exactions in/lave the Mind; no Levies do fOj^n,,, tuaaii much decline and abafe the Love and Spirits of 1615, the Subjects as unjuft Levies; they cither raifc ihctn above or deprefs them beneath their Suffer- ings; which are, equiilly, railchievous and 10 be avoided .*
It mull be allowM here our Hiflorian is right in his Poliucs; BenevcUncesy though of;cn prafli- fcd by preceding Kings, as this Work teftifics, yet ever tBet with Grudgtngs and Heart-buinings in the People. Whilft, the heavicft Taxes, laid on by Parliament, c.irry their SantSion along with them from their Souice,
But we have no Account of the Collc^ling this Bencvoknce in any other Hiftorian, except thofc who have copied from this Original. Mr. Camb- detit in his Annals of this Rcigti, tells us, indeed, that a vail Sum of Money was exacted from the Citizens of hndoft, in the Year 1617, not with- oai Murmuring, as he fays; but has not a Word of the other Affair; which, one would think, fo cxatt an Annalift could no: have mifled if it had happened, and been a3 general through the King- dom as the Biographer fcems to make it. (n)
The King r,iid his Miniftry went on for fome Years, and fupportcd the Court and State without the Affiftanccof Parliament. What other Way sand Means they had to do it, than by the ordinary annual Revenues of the Crown, Ciiftoms, (^c. will appear in the Sequel ; for, though fmall in themfelves, yet they were treated as Grievances in the next Par- liament, and lo. K'cJ upon as Impofiiions on the Public. The Wnttr of this King*s Life owns ihefe to be ' Haleyon Days, in hngland ; no Taxes being now paid, and Trade open 10 all Parts of the World, a profound Peace reignitig every where/
The Nation muft have been exceeding rich,
Whatever ihcCoi.ir! was, at chat Time. In this la-
tervM Robert Carr, Earl of Scmerjn, fell into s
Srture, probably laid for him by ibme Enemies,
U 1 which
\fi TbC Kins sot only S2f9°9'* Camh4tf% jhtitli.
to ibc Duicib
308 T73e Tarliamentary H i stort
(a. I+. jain« 1. which the Favorites of Princes can never be with- 1616. oui. The Clime was To nefarious, that he and his Lady were made too black by it ever to hope The Fill of Cur '^°^ a Clearing j and, though iheir Lives were fpa- EaricrfSomerfct.rcd, ihey Were fentcnced to live in perpetual Infa- my and Difgracc. The Story of this Man's Fall is too well known to claim a Repetition here : He was foon fucceeded by another Favourite, George VtUars^ an Engli/hman -, who, througli many De- grees of Honour, came, ai laft, to be created Duke of BucHtsgham ; and will be the Subjeft of much Debate, in our further Parliamenury Enquiries. The caur^orury About the latter End of the Year 1616, the J«*"s^»"n yp Cautionary Towns were given up to the Stales, by this King: A Blot in his Reign, never to be wiped out i but yet this Failure, in Politics, may be, partly, imputed to the unhappy Differences be- tween him and his laft Parliament j for if a proper Supply had then been given, to relieve theWants of the State, the King had not been drove to make fuch a falfe Step. The Reader may remember, that, at the Beginning of the laft Scflion, when the Supply was moved for by one of ihc Miniftry ; it was urged, * That the Garhfons of Flujhing and Sr;//, were near going to mutiny, for want of Pay i and that thefe Towns were Pledges for near 700,0001/ It is no Wonder then, fince no- thing was given to fuftain thefe Garriions, if King James was tempted to take the Money and cancel the Mortgage- Thofe poor and humble States, as they calTd themlclves in the laft Reign, were now grown up into High Migkimjes ; and, being fupported by England^ in regard to the gene- ral ProteJloTit Caufe, came, at laft, to be a (harp Thorn in the Ercafts of their very Protedlors. That this was the Cafe, and that thclc Towns were given up by gcnctiil Confcni is moft pro- bable ; becaule, in fuch an inquifitive Age as this, when the Condudlor Mnc.^rriages of ihcMmiitry were never more ftriflly fcnchel into, no Parlia- mentary Enquiry was ever made about them.
. The
I6i9>
Cy E N G L A N D. jop
The two grand Points, which look up all ibe ao. 14 Jamoil, Attention of the King and his Miniftry at this >6i6 Time, were the Affair of the Spantjb Match, and the Lofe of the Palatinatf, The former aa much detefted, as the Reftitution of the laucr was wifh'd J'.'jlt.jf'^l^*,,,^ for by the People. After the Deaih of Pri ce uf,o,iha(>jk- Henry, the King had f:t his Tht.ughcs on a Daugh- ''<"«• ter of France (proceeding from Henry IV. their late murdered Kmg) for his, now, only Sod Prince Charlii. Some Overtures were made, by the EtigJijh Court, to bring this Match about, but they diri not fucceed ; the Duke of Savjy was he- An- 1617, forehand with thc:m» and got the Lady for his Son '6"8. the Prince of Piedmant, But, utuing this Nego- tiation with Franse, ihc Duke of Ltrma. Prime Minifter of Spalriy had freqijently miimated to Sir "John Dlghyj the Englijh Ambajjiidor .it ihar Court, That it was his Matter's inclinaiion to lie the Kiiot ftrongcr between the two Crowns of Grcai B^Uam and Spain^ by m.irching his fccond Daughter with the Prince of IVales. The Affair being notified to JamtSy it picaicd exceedingly ; and though fo Vife a Prince, as he is reprelented 10 be, migluhave ieen that this was no more than a Spamjh Tiick to prevent the French Match, yet did he and his Mi- niftry enter into a long and tedious Treaty about it; King /li^TT^;, removing all the Blocks that hid in the Way of his now ddfUng Defign , only Iludicd how to render himfelf and his Sen acceptable to the Spaa:/b Court.
The Aftiir of the Palatinate was of a quite difTe- rent Nature. A Wat had broke out in Germniy, by which Frfdirit^ Count Ptilatirte of ihc RhhUt who had married the Princefs Elizabeth of En£- land, was difpoiicfs'd ot all hi? Hereditary Domi- nions. This AfFut made Ji^mei think of laying afide his paciBc Temper, in onkr to revenge hiS Son in Law, and recover his Territories for him. An Army was fent abroad for that Purpotis, but had not ihc wifh'd-for Succefs. However, ihelb Forces were not to be raifed without a much greater Sum than could be fpaied from the King's
U I
own
A Mw Paiiia- piuit called.
310 The Tarlia?nentar^ii^oviT
/STtS. T«neil,own Treafury ; and finding the Peoples Inclina;- i6»o. ' lions to be ftrongly bent on the Recovery of the PalaiinaU, he ventured, fays Ru/hwortb (who now comes upon the Carpet) to Tend out Writs for a Pariiament to meet on the 30th Day of Ja- nuary, fomewhat ominous indeed, in the Year 1610, and the iSih of this Reign (0^. But it appears by the Journoh^ that this Parliament was ifummoned to meet fitft on the i6[h of January ; from thence it was prorogn'd, by HrocIamAiion, to the 23d, and thena^in to the30thasaforefaid; di- yers great and weighty Con fidera lions of State, particularly in refpeft of the Ute great Ambaflage, as it is expreficd in the Writ, occafioning thcfe Prorogations. It is oblervabie, that the firft Writ of Summons, which is given at length in the y^ar- mh^ in the ufual Form, is diretf^ed to Charles Prince of If^aki^ Duke of Cormuai and of Tork^ and Eail of ChejU*-^ t^c. Which Prince, we find, gave his Aitendnnce» in the Houfeof Lordsj almoft every firglc Day of this cnfuitig Seffion. Along with the Writs for calling a new Parlia- fming forth the ment, the following Proclamation was publifhed, foi"**'it^r\'^'^°'" ^^^ elefting of proper Members to fit in the ParliSicQt! "Houfe of Commons ; which we fhali give in U5 own Words and Orthography (p).
By the KINGE. 'AviNG Occa/ton at thu Ty/M U delihirate upon divers great and xveij^hty 4^aireSy highly cftf/g to the Contynuance atid further fettling $f the peaceable Government and Safety of this cur King- dom, whereof Cod hath given us the Charge ; IVe have thought g^d^ according to the lauJahle Cu/hnie of our Progenitors^ to crave the Advice and Jlffijlantf herein of our well abetted Sut>ie^s^ by eallwg a Par- liament to begin upctt the iixleenih D^y of 'January next ; and though there were no mare to be had in Cottji deration but the prei'ent Face of Chriftcndom,
(ij Ru/hwor!b's JTiptrical CjHeahtn, Vol. I. P. »i. Th»f« Collcdious bcgio, only, in ihc Yeir i£iS> or ibe t6[b of illif
(*j ^jmr'tPuilitJai, TomXVn. P, >7o»
A Piwlamatioo
HAv, upo gto .
O/- E N G L A N D. 311
fa mtfirahb/ end dangermjly dlJlraSied at this Tyme, hejidei a Number cf other great and we^ghtie Affaires that we are to refilve upon; we have more thanfuffi* vent Reafon lowifl} anddefire^ if ever at any Time, eJpeciaHy at this, that the iOnghti and Burgejfei ihatJkaU ferve in Parliament^ be, aucrding tc the 9uld Inp'ttuticns, chfen of the grai>e!i, abkji and hefl affeifed Myndei ii>at mate be found. And therefore mt of the Care gj the Common Geod^ whereof them -
Pfihes are afo partieipant^ toe da hereby admonijh all tur Ifving Subje£fs, that have Fetes in Ele^'ons, that Chotfe he made of Perfons approved fr their Sinceryty in Religion^ and net of any that is noted cither of fuperJUiious Bltndnefs one Way^ or of turbu- lent Humours another Way^ hut of fucb as Jhall be frmd zealous and obedient Children to this their Mother- Church.
4nd^ as to the Knigbtes of Shires, that they cafi their Eyes upon the -u^rihieft Men of all Sorts, of Ktiightes and Gentlemen that are Guides and Lightes ef their Countries^ of good Experience and of great Integrity. Men that had hncjl and exemplarie Lief in their Countries, doing us good Service there- in i ond no Bankrupts or difcantented Perfins that tannot fjh hut in troubled fraters.
»And, for the Burgeffes, that they make Choice of them that hefl underfand the State of their Countries, Citties^ or Burroughes ; and where juth may not he had within their Corporations y then of ether grave and difcreet Men, fit to ferve in fo worthy an Af femhfy. For we m,!y ivcll fsrefee how ill Effeits the bad Chiife f unfitt Men may produce^ if the Houfc ftauld be fppfied with Baniruptes and neuffxtoui
iPerfens, that may deftre long Parliaments for their private Prete^/ions ; or with young and unexpertented Men, thai are not ripe and mature forfo grave a Counceil; or with Men of mean ^talities in them- f/fves^ ifh miTf enh ferve to applaud the Opinion of ethers on whm they drpend\ nor yHt with ntrions iind urangHng Lawyers who may fcek Reputation ly ffirrini needle fi ^ieJliofit\ but ive vnfh all out good * Sitlje^'- to underjiand thiis our Afimmitions, as that
1620.
^ 1 1 The Tariiamentary History
Ab xSilamaL^^ noe Way mean to bar tbem of their UwfuU ' liL, Freedom in Election, actording to the fundamental XjOws and laudable Cujiome of this our Kingdomei end eJpeciaUy in the Times of good end fettled Govern* mtnt.
Witncls Ourfclf at Theobauld^ this fixth J>z.f of November.
On the Meeting of the Parliament, Jfnuary the 30th, the King being feated on his Throne, was pleafed to make the following Speech to both Houfes. TheSubftanceof it, in Latin, is given in the Lords Jcumoh. If^'ilfcn and Rujbworth have jnferted one at Urge j but, upon comparing iheir's with the foregoing Speeches of this King, fo great a Di&erence appears both in Stile and Manner, as renders th?m juftly fulpcifled. The following is the genuine Speech, taken from Frani'yn^a Jnnals, who tells us, (tf) * That he bad it from Mr. Mun- doy^ an Ear-WitneG tbereof; and, upon Exam i- nLiU^n» we find it correfponds exadly with the iMSin Abftraft in the Journals,
Hit Majefty'fl Speech al fipen- \n% the ScJTion , Aunu Regnl iS,
1620. At WcAminftcr,
My Lord} Spiritual and Temporal^ and ycu ths
Commons* ' TN muUikquio nm deejl peuatum^ faid the wifcft ' •» King that ever was; and this Experience I
* have found in my own Perlbn ; (or it is true,
* thai there have been Seflions of Parliament before
* this Time, wherein 1 have made many Dif-
* cQurfes to the Gentlemen of the Lower Houle,
* and m ihcm delivered a true Endeavour of my ' Heait; But as no Man*s Occafions, be they
* never lb good, can be free from Cinfurc, in
* regard of the Excellency required ro make Per-
* feftion I fo it may be, it pleafcJ GoJ, feeing
* fome Vanity in me, to fend b;>ck my Words as
* Wmd fpit into my own Face So, as I may
* iruly hy^ I kave >>J ten piped unto yti, hutysuhaxfe
* mt dtJtifd J J h.ive oftcu mouvned, hut ym have
* mt lamented : But now I have put on this Refo-
(jj Preiace to rr«»i^«'s ^innpiif^
0/ E N G L A N D. 313
tolution for the few Days that arc left mc in this An. is. Jwaeel. World, wherein I know not how for T have »&«» offended God j and if it may picafc you, efpeci- ally of the Lower Houfc, to apply this Rule unto yourfelves, you may find the more Fruit * Now to ihc Errand of your l>eing called hi- ther ; for emring whcrcunto the more eafily, I will begin wiih the general Condition of a Parli- ament, not to inflpifil you, whom I fuppofe not to be ignorant, but to rcfrelh your Memo- ries ; and fiift what a Parliament is. It is an Af- ' fembly compos'd of a Head and a Body: The Monarch is the Head, and the Body is the Three Eftates i which are called in al] Monarchies a ' Parliament, which was ufed and created at the 6rft by Monarchy j for King's were before Par* liaments; who, at foon as tbey had fetilcd a Form of Government, and were willing that ' their People {hould be guided by Laws, called a ' Parliament : I know there are divcis Sons of ' Foreign Parliaments, fomc more, fome !cfs in
â– Number ; But I leave them ; only this I would
â– have you to ofaferve, That it is a vain Thing ' fora Pailiamcnt-Man topreis to bepopular; for ' there Is no Sute or Parliament without a Mo- ' narchy ; fu the Grizons, Su/jffi-s and Low Cautt' ' /r;>/, which are governed without a Kin^, have ' no Parli.imcnia, but Councils and Aflemblies. ' This I put you in Mind of, that you fcrve under ^ a Monarch, and ihaL you mult ftand or fall ' with it.
' Now confrder, Firft, Who calls you? Your ' Kiiig Secondly, Whom he calls ? the Peers,
• who in refpeft ot the Eminency of iheir Places ' and high Hf-nours, h^'vc an Intcreft therein by ' Birch and Inheritance, becaufe ihcy are to aflilt ' the King in his grcniclt Affiirs. la the next
• Place is the Chuch, ihi? Clergy ; yet nut all of
• ihem, bjt the principal Heads thereof, the ' Bilhops, whole Holinefs of Life doih claim a ' Prii'itctic in AdviLe, and in rcl'peft of ihcir Baro- ' Oies; Alio the Kui^ts ftaod for ihe Shires, and
' iho
An.i8. Jamcil. ^ i6zo.
314 The Parliamentary Histort
the other Gentlemen for the Burroughs ; of tlieJ'e is ihe whole Body composM. Thirdly^ Why you are calttd ; viz. To advife ihe King in bis urgent Affairs, to pivc him your beft Ad- vice In I'jch Errantis as he (hall afk of you, or you Owll think fit to ^ fit his A J vice in. The King makes Laws, and ye are to advife him to make fuch as may be bcft for ihc Good of ihe Comm<:n-Wc2l;h: There is -.moiher Caufc alfo, viz. The Houfc of Commons is called, for that they beft know ihc parlicular Eftateof the Coun- try ; and if the King (hall afk their Advice, can beft lell what is amifs, as being moft lenfible of it, and alfo petition him to amend ard redrcfs. You are the Amhnrs of Suftcnance a!fo to him, to fupply his Ncceflities ; and this is the proper Ule of Parliaments. Here ihcy are to oif^r what they think fit to fupply his Wants j and he is in Lieu hereof to afford them Mercy and Juftice; and this is ihat I boldly fay, and am not aiham'd to fpcak it, that all People owe a Kind of Tribute to their King, as a Thanlcful- nefs to him for his l>ove to them ; and where there is this Sympathy between the King and his People, it breeds a happy Parliament. ' Thuf^ much of the general Condition and rpecial Ule of P.:rliaments in this Kingdom. Now I come to the particular Caufcs whicl^ moved me to call this Parliament.
• Firft, as in all Parliaments, the King muft have a fpcci.nl Care to make good Laws; for en mails Moribus hcnts Leges oriuntur : For the elder the World glows. Men become the more wife, ibe more crafty, and the more finful; and there- fore the more Need to make new Laws for new Crimes. And here I am in a large Subje^, yet becaufeof my intended Brevity, I will fpeak of no Particulars, but hold it beft to leave it to the Times wherein you fhould both fee and read them
* Firft, For Religion there arc Laws enough, ib as the cmc Jntcnt and Execution foUow ; the
* 4Iaia*
0/ E N G L A N D. 315
' Maintenance of Religion ftands in two Points: *'*'\*j£""'' ■r.Perfuafion, which muft precede; 2. Compul- ' fion, which muft follow ; for as all the World ' cannot create a new Creature, be it never fo
* little, fo no Law of Man can make a good Chri-
* ftian in Heart, without inward Grace j but the
* Minifter mull pcrfuade, and leave the SucceCs to
* God ; and if ih«re were not fo many Priefts and
* Jefuils, there would not be fo many perverted ' to 111 ; yet it Is not enough to truft to a good
* Caufc and let it go alone ; likewlfe the bufy
* Puritans, do but (ee how bufy (hey are in per-
* fuading the People. But God forbid that I fhould
* compel Mens Confciences, but leave them to
* the Law of the Kingdom i for the Rumour that
* is fpread, that I fliould loleraie Religion in refpeCt
* of this Match, which hath been long intrcatcU
* with Spain for my Son, I profels I will do no-
* thing thaein which (hall not be honourable, and " for the Good of Religion : The Trial which ' you have h.id of my Works and Writings, ' wherein I have been a Martyr, torturM in th?
* Mouths 01 many idle Fellows, mny give yoy
* ample Teftimony of my Integrity, in fuch 9.
* Son, as I hope you truft the Wiidom of your
* King fo far ns that I will never do one Thing io ' Priv.ue, and -another in Publick : But if, after
* this my Declaration, any fliall tranfgrefs, bbmc ' not me if I fee ihcm feverely punifbed.
' Now the main Errand, to I'peak Truth, which ' I have callM you for, is for a Supply of my ' urgent Neceffities ; ye can all bear me Witncft I
* have reigned 18 Years among you; if It be ji
* Fault in me, thai you have been at Peace all this
* while, I pny you pardon it ; fori take it for an
* Honour to mc thai ye fliouId live quietly under
* your Vines m\C Fig-Trees, eating rhe Fruit of
* your own Labours, and myfelf to be a juft and
* merciful King to you ; ye have not been troubled ' with preffing of Men, and with a ihoufand In-
* conveniences which the Difaflcr of War pro- f duceth J and yet within ihefc 18 Y&us I have
'lu4
As. i8' June* I. 1 6x0.
31 5 The Tarlsamentary Histort
had lefs Supplies than many Kings before. The Uft QuccD fof famous Memory^ was fo far fup- plied in her Time, as it griw 10 an annual Con- iribution ; which by Computation came to 135,0001. a Year at the leaft. I had never above four Subfidies, and fix Fifteenths ; I challenge no morcDefert than (he i but fure I am, I have governed you aa peaceably the Time fmce my Supply hath been, as if Women with Child, qua decern tuferunt Fajiidia Menfiiy who afier ten Months Longing are delivered of tbeir Burden ; but i have [wvailed ten Years, and therefore now full Time to be delivered of my Wants- I was ever willing to fparc you iili now. It is true, 7" wo Arguments were ufed in oiher Parliaments againft Supplies: Firit, Th^t many Subfidies had been given by them, and chercfore they re- quired a Time of Relpiration ; which Objeflion is nuw taken away : I he other was. That my Treafure was ccnfuJedly governed by me i fo as fome did not (kick to fay, that ihty would give me all they had, wtre they fure it would come into my Puric : Now you have feen Trial of my late Care m two Years laft pafti in looking into the Particulars of my Eftaie, wherein I muft confels that 1 have found my Revenue, as 'Job'^ Friends, forfaking me. In my Houfhold Ex- pence I have abated 1 0,000 1, per Annum \ in the Navy I abated 25,000!. per jfnum -, and fhorJy hope to abate io,oool. more in mine Ordnance 5 I h.ive brought mine Expencis from 34,000 U to i4,cool. and yet was loih at firft to Uiink that Things were fo much out of Order ; but at the laft, by Means ot the Information of fome private honeil Gentlemen, I was induced to enter inio a par:icul;ir Survey ; and herein fuch was the Love of my young Admiral to me, as he took the only Envy of all upon himfelf for my Sate ; .-;nd tho' be but young, yet I find him tru« in Faith, and an honeft Man, who hath had the better Succefs in all the reft ; he took under him- fclf divers CommifTioncrs, as a young Comman-
' dcr
0/ E N G L A N D. 317
* dcrfhouW do, the better to prefcrvc him from^O'*^-J»'°»^* « Errors, and then fought no Reward, but my '^*^'
« good Service; yet went nevcrthelefs through
* all with a great Diligence and happy SucceS;
* and therefore I hope the Kingdom fhall fay I
* have a true Care of my Eftaie, not taking from
* others, by Violence, Houlb or Land, but go-
* vcrning my own with good Huftardry : Aiid
* now I look your Supply will not fall mto a bot-
* lomlefsPurle.
• The next Caufe of your calling is for an urgent â–
* Neccfllty, the miferable and torn Eftatc of Chri-
* Jlendum \ which none that hath an honeft Heart,
* can look on without a weeping Eye. I was not
* the Caufe ofthe Beginning thereof, [God knows)
* but I pray God 1 may be a happy Inftrument of « a happy Ending the Wars in Bohemia; 1 mean,
* wherein the Stales expcllM the Emperor, and
* chofe my Son in-Law their King: I was re-
* quelled at firft by both Sides to make an Agree-
* mcnt between ihem i which coft me 3000 1. in
* fending Doma/ier on an Embafly for that Pur-
* pofe. In the mean Time they call off ail Alle-
* giance, and chofe my Son, who fent to me to
* know whether he fhouM take the Crown upon
* him or not ; and yet within three Days after,
* before I could return my Anfwcr, took the
* Crown on his Head ; and then 1 was loth to
* meddle in it at all, for three Rcafona.
• Firft, 1 would not make Religion the Caufe of
* depoling Kings. I leave that Caufe to the Je- . ' fuits, to make Religion a Caufe to lake away
* Crowns. ' Next» I was not a fit Judge between them j
* for they might after fay to me, as he faid to
* Afojis^ lyko made tbte a Judge over us ? And
* myfelf would not be content that they Ihould
* judge whether I were a King or nor.
' Laflly, Becaufe I had been a Meddler between
* them, and then jo dcermine my Son might
* take the Crown upon him, had been unpioper ; ' and yet i left not off, io far as Nature compell'd
* me
i6w.
3 1 S Ti>ff Farltameittary Hi sTORr
Ao. iS.J«n»i.« me, to admit his Good. I permitted a voluntary
' Coiuriburion, to preferve the Pahtinatty which ' came to a great Sum; for that Purpofel borrow- ' ed aUb75,cooJ. of my Brother of Detmari, • ai;d nowbavcfenttohim tomakcil up ioo,oool. ' and all this have 1 done with the Charge of Am- ' baJladors, rtnd otherwife ; which have rifen to ' an infinite Sum, which I have born myfclf, ' and hath coft me above 200,oool. in preferving ^ the Pabtincts from invading, finding no Hope ' of the reft, befidcs 300,000 1. and bcfidcs the vo- ' lunlary Contribution : And I am now to take ' Care for a worfe Danger againft next Summer, ' albeit, I will leave no Travel untried to obtain a ' happy Peace; but I thought good to be armed ' agamft the worfe Time, it being bcft to intrcat ' of Peace with a Sword in my Hand. Now I ' ihal! labour to prefcrve the Reft \ wherein I de- ' dare, that if by fair Means I cannot get it, my ' Crov^'n, and Honour and all (hall be fpent with ' my Son's Blood allb, but I will gel il for him : ' And this is the Caufe, for all the Caufes of Re-- ' ligion are involved in it , for they will alter Re- ' ligion where ihey conquer, and io perhaps my ' Grand-Child may fuffer, who haih committed ' no Fault at all. There is nothing done without ' a fpcedy Supply, and tii dat qui cits dat ; wherc- ' fore 1 hope you will no more fail me now, than you have done my PrcdcccUors. In this I maft trufl your Cues; and I think if a Man could fee all your Hearts in one Face, it would teftify
â– a general Acclamation of this my Motion
Coiifi-itr who it is that moves you, yourKmg; and bis Care of Reformation, and the Charges which he hath difcharged, befides 40,000 1. of late in the Pyratical Wari ^tid confid«r if I dc- fervc not yuur RefpeiV*.' * For your Pi^rts you may be informed of fome- thing nt to be required of Me for Matter of Ju- ftice; I never diredly nor otherwife defired the contrary ; for which Purpofe I have chofen Judges of the beft Learning and Integrity that I
• couW
i6io.
0/ E N G L A N D. 315?
could; and if they prove unjuft, I will rot fpareAn. iSJameil, them. It's ftrange thai my Mint hath not gone this eight or nine Years -, but 1 think the Fault of the Want of Money, is the uneven balancing of Trade; For other Things (I Confefs) 1 have been liberal ; but the main Caufe of my Wants hath been the ill G<jvernmeiu of ihofe whom I have trufted under mc: For BounTy, I will not make every Day a Chriflmai j and yet it may be J have nun myfelf in feme, and in o- thers my Subjetts ; but if I be truly informed, I will rightly reform ; but for you to hunt after Grievances to the Prejudice of your King and your Iclves, is not the Errand: Deal with me as I deferve at your Hands j I will leave nothing undone that becomes a juft King, if you deal with me accordingly. I know this Parliament haih been of great Expe^tion ; and fo was that at my firft Coming, when I knew not the State of this Land. I was then led by the old Counfellors I found which the old Queen had left, and it may be there was a Miflcading, and a Mifunder- ftanding between us, which bred an Abruption : And at ibe laft Parliament there came up a ftrange Kind of Beafls called Undertakers y a. Name which in my Nature 1 abhor; which cauled a DiQblution j now you have the Ad- vantage, that I call you out of my free Mo- lion, and my Truft is in your good Offices for my good Eftace; even in all and every one of you I hope 1 want not good SubjeOsi and I alfure you, ye fliall find an honeft King of me : How happy a Fame will it be that he is reverenced and loved by his People, and reciprocally loves tliem ? Now fhall I be honoured by my Neigh- bour Princes, and ray Government peradventure made an Example for Poftcrity to follow. And fol leave you.*
After the King had ended, the Lord Chancellor, Sir Francis BMsn Vifcount St. Alban, by his Majefty's Command, directed the Commons to
chufc
3ao The Tarllamentary History
chufc a Speaker; who prcfcnted 7^«a; Rithard" le'i™ >«i E*qi Serjeant at Law, for that Office ; and he, with the utual Ceremonies, was approved of. Tbonui Rich- In Order to give the Proceedings of this Parlia- •rdfon, Er«u nient, with the Utmoft Impartiality, we fhall keep eJefledSpeiJctr. ^^j^j^ ^^ ^j^^ Authority of the Journals i except ' where Rujhworth, or any other Hiltorian intervenes,
with fome Circumftances not taken notice of in the former. By the fame Rule we may be able to de- left any Fallacies, which the Prejudice of Party, now beginning to run high between King and Par- liament, may have given Rife to. For this End we fhall adhere, more clofcly, to the Proceedings of this Parliament, in Die ad Diem, than we hitherto have done; the Juftnefs of which Metliod it is hoped will compenlate for the Tedioufnefs of it.
The ilrft Day of doiog Bufinefs, in the Houfe of Lords, was Ftbruary 5ih, when the Lord Chancellor moved the Houfe, ' That fucli as have any Proxy from any Lord, licenced by his Majefty lo be abfent, (hould deliver the fame to the Clerk of that Houfe; and that every Lord ihould caufe the Writ of Summons, to him direc- ted, to he given to the fame Clerk ; to the End p^^fTwrU^^t by thefe Proxies and Summons, fo entered, fot fummoniDi It may better appear who was abfent. the Pern, After this, the Lord North ^ooA up and ac-
quainied the Houfe, That having read and con- ^lered of the Summons, directed to himfelf, htf found the fame to vary from the former and an- tient Form of Writs of that Nature. The Con- fidencion ot which was by their LortJfhips referred to the Committees, which (hail be nominated and appointed to conlider of the Orders and Cuftoms tii this Houfe, the Privileges of the Peers of the Kingdom, and Lords of Parliament. A Com- mittee was immediately named for that Purpofe, coiitirting of the Archbifhop of Cantirbury^ ail the great Officers of State, cisht E.:rls, fix Bifhops, ind fifteen Barons. Thefe had Power to call to »nend them tlw Chief Lord Juftice, fome other
Judges,
y
321
Judges, the Attorney General, ana lucnorneroi An. iS-jamot'l his Majefly^s Council as ihey thought fit, to 1610* meet in the painted Chamber, after the Rifing of the Houle.
February 8. Several Lords were cxcufed Attend- Tkuct for Want of Health, or on other Occafions. The fame Day one Richard Camell, a Clerk in the Petty Bag-Office, was hrought 10 the Bar of the Hcule of Lords, to anfwer a Complaint made againrt him, for omitting in the Body of the Writs, dircfled (o fcvcral Lords, ihcle Words* pirdileCio^ fideB no/lro^ and had only given the Names of fuch Lords, to whom the fajd Writs were dirctlcd- And though the faid Carnell did then and iliere, on his Knees at the Bar, humbly ac- Icnowlc5ii,e his Fault and declared himfelf very pe- nitent for the lame; yet, as he was not able to ex- cufc or malic any Defence for his Negleifl, and bccaufe it was held jufUy oScnfivc 10 thofe Lords whom it particuliirly concerned, and lo be much againit the Honour and Dignity of the Houfe ; by unanimous Confent, the faid CameU wa3 comroil- tcd Prifoncr to the Fleet.
This t>Ayy a Report was made from the Com- mittee of Privilt^ca, (Sc. and a Schedule, or Note^ was delivered in of what they had already done, and bow they intended to proceed. It was or- dered that the faid Note fliould not be entered or regiflrud till towards the End of this prelcnt Par- liament, when a Detail of all their Pioceedings was to be given in, and, on which the Houle was to order accordingly*
Feb. 10. An Order was made for the En- largement of Rkhard Camd!^ on his humble Peti- tion to the HoLife. And the Houle was called over, when every Lord anfwered diftindly (o his Name, beginning with Charles Prince of JVaUsy and io defcendingdown to the youngeft Baron.
Feh, 14. The Lords being informed that fome Mcll'engers from ihe Commons attended at the Door, they were called in. When Sir Edward Coke^ accompanied with the Lord Caundijht Sir
Vol. V. X Fuli
34a The Tarliamentary Histort
Aii.i8.hinesl. f«^ ^^^''j Chancellor of the Exchequer, the I'foo. Treafurer of the Houlhold, Mr. Secretary Calvert^ and feveral others of that Houfe, delivered the following Mel&ge to the Lords. Xcoofbeace for ' That the Houfe of Commons do pray a Con- patring the Uwi ference, concerning joining in Petition by Com- "■^f?^™ *' niittees of both Houfes» unto his Majefty, for the «^J'^""'*'- better Execution of the Laws againft 7^>i/f, 5^ minary Priefts and Popijb Reeufants ; and this, by the Nether Houfe, is deflred to be with all conve- nient Expedition.'
After the Meflengers were withdrawn, the Houfe took the Meflage into Conlideration ; the Dcfiieof the Commons was generally approved on, and a Committee for the Conference was appointed.
At the Requeft of the Archbifhop of Catittrbtajt a Sub- Committee of nine Lords was named, for the Matter of Cuftoms and Privileges, &(. inftead of the greater Number aforefaid.
Feb. 15. The Lord Chancellor declared thathisMa- jefty, having been mov*d to know his Pleafure when the Committees of both Houfes fliall wait on hinii wilb their Petition, relating to Jejuitst tff. bad appointed 5i2/ar^<j)' the 17 th Inftant for ihatPur- pofe. The Lord Chancellor was defired to be the Common Mouth, in delivering the Petition from both Houfes to the King : But fome Debates arifing, about the Fotra of the Petition, the Con- iideration thereof was referred till next Morning.
February 16. It was moved, that fince the Cooi* mons delired his Majefty to declare himfelf iot the Execution of the Laws againft JefuitSt Seminary Priefts and Popijh Reeufants, by Proclamation, whether, to the Word Proclamation, or otherynfi^ ihould not be added? Upon a Divifion of tha Houfe» it was carried for the additional Words s but, with Provifo, That if the Commons did pot approve of them they (hould be left out in the Petition. The Committee of Lords having ac- quainted that of the Commons with this Rdblu- Cion, the Commons infifted upon it that notbing formerly agreed to ihould ceceive any Alteration
ia
i
0/ E N G L A N D. ^2^
in Matter or Form. The Prince was of the Lords An. is. JamwI. Committee. »<».
This Day, alfo, the Lord Chancellor acquainted the Houfe wiih an odd Affair, concerning a Quar- S^rS'^J^J rel or Jar happening between two noble Members tSEiriofBwk- of that Houfc, the Earl of Berkjhin and the Lord *'« ""^ I*""^ Stroep J namely, that the former did pufli, or thruft, ^*"P » the other, forcibly, in the Houfc, asainft Uie Ho- nour and Dignity of it- He reupon, both ihe faid Lords were called lo the Bar toanfwcr the Mifdcmeanoraforcfaid i and, it appearing, by Proof, that the faid Earl was the Aggreflbr, and did violently pufh the Lord Scro&p i they were both ordered to withdraw into feparaie Rooms, till the Houfe could take Conlideration of this Matter. Soon after the Earl of Bsrijhirc be- ing called again lo the Bar of the Houfe, and being on his Knees, the Lord Chancellor told him that the Houfe had confidered of his B^auU, which they found to be very great i in that his Lordfliip be- ing a Peer, who therefore fliould be tender of ihe Privileges of the Houfe, had, in the Houfc and in the Prelencc of the Prince hLs Highneis, offered Force to a Member of the fame. The Ccufure therefore was, that his Lordfhip be committed clofe — . Prifoncr to the Fket^ unlit the Houfe (hould take ^"P;"*J^! funher Order in thai Caufe. The Gentleman- mitted to tJu U/her was ordered to attend the faid Earl to his*"^"- own Houfe, at his Requeft, but difarmed, and from thence to the Etei. ,
Afterwards the Lord S£r(»p was called for and brought into the Houfe, and ordered to his Place; to whom (landing uncovered, the Lord Chancel- lor declared, That the Lords had confidered of the Nature of the Fault whert with he flood charged, and fouivj him not worthy of Blame, for any Fault of Commiffion, but only of OraifUun, in not compl.iining to the Houi'e. That otlicrwlfe he had carried himfelf icmiierarely, and therefore it was the Pleafute of the Houfe he fhouid keep bis Place.
An. iS.Jametl.
of PriviJfgE.
324 Tfjc Parliamentary Histort
Fehruary 17. Some Reports were made to the Houlc by the Sub-Committee on Cuftoms and Pri- vileges, viz. Thai they delired Aulhurtty to be piven them, to depute fomp proper Perlbns to have Rccourle 10, and rn^ke Search amongft any of the Records of the Crown for Matters rcUiing to them i for the more Eafe and fpeedier Proceeding in that Bufinels. That they may, alfo, have Power to perufe daily, and rectify what they Ihinlc fit in the Journal Books of this Houfc, now or hereafter to be entered there by the Clerk of Parliament; both which was agreed to.
The Lord Hurr/don, one of the faid Committee, acquainted the Houfe, That, in one of their late Mectmgs* a Debate arofe, in which the Opinion of two J'Jdges, who were appointed to attend Proceedinej of *^''^'"» ^^^ billed. That the fatd Judges were un- (hc Lords t;om- Willing 10 deliver any Opinion, or to enter into mittec in Mattrt any Difcoutfe about It i becaute, as they alledged, ihe Matter propofed touched the King's Preroga- tive. But the Committee, conceiving that iJie fame did not any way concern the Prerogative of the Crown, do think fuch Forbearance in the Judges, to fatisfy them in this Matter, very dif- [afteful and difliking to them.
This was fcconded by the Lord H'}ughton^ who addtd, What the noble Lord betore had fpokcn did not proceed from Curiofny in the Committee \ for, upon PeruCil of the Writ of Summons to the Judges, they find that they are thereby called Cofijjfium iwpenjurh. Laftly, he laid, that the Committee was as lender of his Majefty's Prero- gative as was fitting. Hereupon it was ordered, that both thofc Judges fliould aicrnd the Houfc, to anfwer this Affair, at their next Silting.
The fame Day the Lord Scroop moved the Houfe for the Ejil.trgemciit of the Earl of Berk- finre^ committed for an Oifence againft himielf and the Honour of the Houfe. It was ordered, that the faid Earl Ihould immediately have the Liberty of the Prifon, but to continue there till the Houfc fliall lake further Order therein.
Ft'
I
I
I
Of E N G L A N D. 325
February r^. The Lord Chancellor madeaRe- An.i9. jwnetj, port to the Lords of what had palled at ihe Accefs 1620. of both Houfcs unto lib Majcfty's Prefence, on Saturday ]aft. His Lordfhip's Relation was Iwiof, as he told them, as well bccaufe moft of all iheir Lordfhips were then prefcnt ; but, principally, for that his Lordfhip knew, and willingly acknow- ledged, he was no way able, in any Degree, to deliver it in fuch Sort as his Majefty fpake it.
The Lord Beri/hin's Sufamillion having been delivered in Writing, it was openly read in hac f^trba:
My Lords,
/ am -wonder full firry t9 have fo merjh^ ^'yfilft 0$ to kave done any thing ff^^U^^M ^'M^d the'^^^^,°l^^^^ Hmfii f/pedalfy, at fuch a Time as hh liighncpaadma. was therein \ which I defire your Lord/hips to con- ceive t9 have proteeded out sf Judden Pajpm-, in re- fptH ef a Conceit and ApprehtnUan of a Diflajh given me. But flill 1 fubmit myfelf to your Lord- fbrpi grave and wife Centre, humbly requtfling your Lerajhip; to adept of this, as Satisfaction , from him that will ever be^
Your Lordfliips humble Servant,
F. Bekkshire.
After the Reading of a Bill of no public Con- cern, the Lord Berkjhire was called, and being di- re^cd to Hand up, from his Knees, the Lord Chancellor fpoke to him to this Efte<5l :
My Lord of Berkjhirey
IP'kfn you were laji berf ysu heard of ymr Fault undPuniJhmcntj now you /ball of your Re'.eafement : The Lords having under/food arid nebly ccnfidered of your SubmiJJion \ and the Partyyefpeeially grieved, be- ing a Suiter for your Difiharge, whereunto all their Lffrdjhipi have yislded-y with this, that a public Re- ^^ concilement and SathJa£lion be made between you.
^K The Lord Berkjhire then went to the Prince at r the upper End of the Houfc, and, on his Knees,
326 TIj€ Tarlsatnentary HisTour
Aa. i8.r»M«i. *^"^ fomewbat in a low Voice to him ; it was not ' 1610. * beard by ihc reft of the Lords, but tliought to be an Acknowledgment and Submiflron for his Of- fence committed in his Highnefs's Prcfence. Af- terwards the Lord Scroep went from his Place to the Prince, and there, in Prelencc of his Highnefs and many of the Lords (landing by, the aforefaid Vpon liif R«on- *^*° Lords were reconciled. The Lord Chancel- dfrrorat With Jor being retarned to his Place, openly rehearfed li^ Scroop, he j^j^ Matter to the Houfe; and added. That if ei- II difchiPBtd. jjjg^ qP j^g f_j.j hoxAs^ fo reconciled, ihould at any Time hereafter, do, or offer to the other, any Wrong, contrary to this Reconcilemeni ; the Parly, fo offendinp, would be deem'd guilry of an high Offence to the Prince and Contempt of the Houfe.
Fibmary ao. A MclTage was fenl from the Lords 10 the Lower Houlc, defiring a Conference, in which the Subftance of his Majefty's Anfwcr to the late Petition of both Houfes, might be deli- vered to them, hy the Lord Chancellor, who by common Confent had been appointed the Pro- locutor of both Lords and Commons, on that Oc- cafion. The Time, if it was convenient to them, forthwith in the Fainted Chambir,
This was agreed to by ihe Commons ; and on the Return of the Lords Committee, the Lord Chancellor acquainted the whole Houfe, That he hid communicated theSubllance of his M.ijcfty*s Anfwer to the Committee of the other fioufe, from (uch Notes as he had taken of it, when it was given. That, thereupon, %\r Edward Cch, Oiic of their Ctimmittee, had delired him to let thtm have the Memorial in Writing which he had taken; fince they of the other Houfe had delivered in iheir Suit, or Petition, in the fame Manner, To this he anfwcred. That forafmuch as the Pa- per, on which he took the faid Memorial was iinall, and unfit for public Perufal, he defired he might have Time, till To morrow, to perfeft his ^aid Notes.
Ti>9
F
i
^ *
0/ E N G L A N D. 32/
ThtQueftion being then put. Whether theyAa.i3. j»»«i; fliould be delivered in the Manner the Chancellor 1620. mentioned ? It pafl'cd in the Affirmatire. The Lord Hunfdtn moved that the Original fliould rc- maiji with the Clerk of this Houfe, but vras not fcconded.
Nothing material happening to come before the Lords for fome Days, their Time being taken up in reading of private Bills, or fuch as did not greatly afFcft the Public, and heating Con:pUints on Breach of Privilege for Arrcfts, ^c, we fliall now ' look into the Houfe of Commons.
They firft fet out wiih Religion ; a Jsve Prin- j^y^^^^ ;„ ^^ cipiumy as Sir "James Perrot faid i who moved, commons, ' That all the Members ot the Houfe might lake the Communion ; which was a Touchflone of their Faith/ Sir Edward Gyia moved for * Liberty of Speech, bat not to admit extravagant Speeches ; and that fuch {hould be punifhed in that Houfe. That there were many PopiJhRecufand, and Mul- titudes of Jejiiits and Seminaria^ ready for Mif- chief, in and about this City. That iheir Malice encreafcd with their Number. Put the Houfe in Mind of the Gun-P!owder-P!ot. Moved to pe- tition the King to put the Laws in Execution againli them.'
This Motion wasfcconded by Sir Jerome Hsrfty^ Who moved, ' That four, or fix, of that Houfe . might be appointed to fearch the Vaults and q^\.^^^^^^'^'^\ lars, under the Parliament Houfe, twice a Week. That Numbers, hereabouts, might prove dange- rous; and their Malice like lo be the principal , , Caufc of the Ruin of the King of Bihemia. Their making Bonfires and rejoicing at it. But hoped that King yet remained the Lord's Anointed, and that he would be again ettabliCied ; and bt ihe Means to ruin the Pope. That they that eat their God would eat us, ^c*
Tbcfe and many more fuch kind of Expreflions
were thrown out againft the Papijii. And it was
at laft agreed fur a Conference with the Lords ta
# join.
3iS Tlie Tarltamentary HisTokt
Aa.i8.J»niMl.jotn with them in a Petition to the King to put ' ihe Laws in Force againft them.
The fame Day, February 5ih, Mr. Secretary Calvert put the Houfe in Mmd of what thi^ Par- liament was principally called for. * The Ardua Regnii mcDtioncd in the Writs, were to make good
TV Supply; Laws, and lo fupply the King's Wants; which laft was for to Iceep the State from Danger and Scorn. That this was more preffing and now a bleeding Bafinefs; therefore, though it was not ufual, yet, in refpeft to the NeccfTity and Rarencfs of the Cafe to begin firft with this. That the King expeded a Supply, in thefe his urgent Ne- ccflitifs, and efpecially to recover the Patrimony of his Children, that the King's Wants were known to be urgent ; and how could it be otherwife, confi- der ng ihe vail Expencesof ihe Crown, and the fmall Means the King had received from his Subjcfts; ex- cept the Bmn'oUnte^ none in ten Years Time.*
• The King had ftrove to leflen bis Expences, being loth to burthen his People; — ^Houfliold, Navy, Ordnance^ Ireland^ &c. ThcCrnwn not to be fuSered to lie under this Burthen without Help, pangerous, not to King only, but to Kingdom alfoi for they are ReLitives not to be dtsjoiii'd.*
* Though the King, for many jiift Ciufes, had hitherto been Neutral for Bohmia -y in rcfped^ of Ccnfcience, Honour, tSc. Yet, for the Paluti- fujtc, if not by Treaty, he was refo)ved by War to regain it. But this admits of no Delay, one Day's Negleft may overthrow it. The State of it now is, thai Sp r^ela hath conquered all but ffev' delherg and two or three other Places ; Bohemia defeated i all the Cnnfedcraic Princes and Countries fsH'n off, Jind reduced to the Emperor's Ohediencc. That this AfFair had been referred tn a Cuuncil of "War, who have reported 30, cool. Chiirge for the firft Year. The King already hath borrowed and cmployedin that Bufinefs loo.ocol. Thatanex- iraordinary Kmbalfage was ready ; but the beft Treaty was with Sword In Hind.*
« Tha^
• I
I
Of ENGLAND. 319
' Th^t z\\ Cbriflendom WTi's in Confufion; Gifr- An. i8.J«mu I, many, Bahemia^ the I^w Countries^ Sweden and '*"'• Poiand J the Turk had got the greateft Army they ever had, fince the Time of Sslpnan ; which was to he ready by the ift of March. ThiaCircum- ftance, alone, is very important to us; and it is not honourable for our ICirg to have Ills Sword in his Sheath, when fo many arc drawn.*
* For our Grievances ; they are many and juft; no Body without fome Sores ; the King had pro- mifed a gracious Hearing on that Score ; and he thai will not lake hold of it. bcirayeth his Country for which he is trufted. Laftly, he moved for a Committee.'
Sir IVHiiam Cape fpoke next. * He profefled his own Zeal to further the King's Bufinefs; but was againft theQyeHionforaCommitteeat that Time. He wifhed this Parliament had bern held a Year ago; but now it was fitting to look what was to be done. That the Supply, granted, muft be di- vided i for Bohtmidj the Puhtinate, and for the King's 0[hcr Wants ; but a Committee was not fit now for any of them. That he expected a Com- mittee of the whole Houfe would fit every After- noon ; to confider ihe Slate of Chrijifndom^ Eng- land, the Stat? of Wars, and the heft Means to carry them on. This to he done by a general Commit- tee; which will be the greaieft Terror to the Ad- verfary.'
The Treafurcr of the Houftiold faid, • That he befeechcd the Honourable Houfe lo coniider, that never any well-affl-^f^ed Subjeds had greater Caufe to be prefl'cd and make Supply for ptevcnl- ing of preflins D.jngers. That there was no Doubt of the King's WiHingnefs for Retribution. Open and free Dealing wiih him, were the beft Means to work upon his Royal Difpolition. He promifed all his own good Offices to further thisj and concluded. That whofoever doth not fo, be- trayeih both King and Kingdom.'
Sir John Davys, * I expected not this Motion, ^S this Day ; but I think it fit, 6nce IC is now
moved,
3 30 TbeTarllamentary History
Iha. is. jMBMLmored. All Men run together to quench a Fire; i6w. which 19 our Cafe. Though we are not fo here j yet the Paktinatt is on Fire ; Religion is on Fire ; and all other Countries on Fire.'
* Though we begin this Matter now, we cannot end it fo;. though we agree on Subfidies., yet, there muft be Time for drawing Bills, reading and paf- fjng them ; Commiflions, Levying, Paying in, (Se. But this is the greateft Oiufe, the greatell Occafi- on for a Supply, fince the Conqueil. I {hall mcO' lion four other Caufes.' â–
* I. For Recovery of the ^^-Ztfffi/. 2. For the Redemption of Kichard I. 3. For the Reco- very of France. 4. For faving of Inland ; but* the Recovery of the Palatinate is greater than all/
' For the fake of Jerufalem^ there was a perpe- tual War, for 100 Years, at leaft. Heray II, gave 50,000 Marks at that Time. Richard I. pawned all the Jewels and Demefnes of the Crown. AXi this to obey the Pcpe'^ Commands and Impos- ture ; which was to recover that blelTed Land the Pope had curfed, but, his End, to ufurp their tem- poral Jurifdiftion. Wc, for the Palatinate, have a juft Title, they none.*
* For the fecond. Richard I. his Ranfom was s5o,oooMarksi Ptateof RehgiousHoufes, Cha- lices, (^e, were melted down for it. This was a noble Work, and better than the Fr<-ff(i^ did ; who left their King here, feveral Years, unranfomcd. But Religion was not then in QueftioD, as it is now.'
* So for the Wars in France ; the Title was juft» and though recover'd at laft, yet there was great Expence about it. No Lofi, if it bad not been meddled with at all. But, the Palatinate other- wife; this is dangerous to the Lew CeuntrieSy the United Princes y and the whole Preteftant Inter^/
' For Ireland^ two Millions were difburfed ; and fix Subfidies and twel ve Fifmnthi given here. Yet, the Lois of Ireland not fo dangerous as the Pal^i-' nate\ for the Irijh would never long have endured
Spani^
Of E N G L A N D. 331
SpdHt^ Tyranny, Therefore, I move, for ffving xn» a joivt this very Day ; and, no Doubt, God vrill blels it.' iSmv
On die other Hand, Sir Giwr^tf Murt fatd, ' That fince diverfe Things had been propofed, every Man expected and required Liberty of Speech. As free Choice fo freo. Vokre. That this ^,^^6001 of iras granted in the Proclamation before Parlia* Speech; neot ; (r) and fince, by the King's own Mouth. We live under Laws made by ourfelves^ other ffatbns are governed by the Civil Law ; and, he toubted not but every Man would Iceep hlmiielf fkhin Bounds.'
* That Religion and the Church were the prin- ipol Matters of a Parliament ; Grievances and tnpply the next. Parliaments were antiently cal- ■d to relieve Grievances, as appears by the Sta- iite of Edward III, And many of thofc were icreafed in this long Intermiffion. That-.^^ ime out firft, yet Jacob was the Bleffin^ There- sre, be moved. That the Supply and Grievances ii^tgo Hand in Hand together } and that a Com- littee of the whole Houfe might be appointed, to ^ DDfider of both ; but no Speech now dt pants' Sir yamis Perret. ' If we diflFer with our E- iials, to have it done in Love; if, with our Su- ction, with Refpeft. Supply and Grievances > be as Twins ; to go together and have no Pre- idency. That there was a Proclamation to re- rain Ipeaking of Matters of State, and the King's leecb confirmed it. There was, alfo, a Reftiamt It on petitioning in Religious Matters. Moved c a Petition to the King to explain himfelf what s intended by Matters of Sute. If Ricufants id the like, fo Mompolieij ^c. may come witbio e Compais of the Prerogative : Even, for the ahtinate^ what to be given, how to be em* oyed, (^f» may come within Compafs of Matter ■State A Committee may form fuch a Peti- m, and bring it into the Houfe To-morrow, ag^nft Conference, with the Lords ; Fruftra fit r fJura, ^od fieri poteft per pamoram He truly
ho*
frj See before p. 31s.
Afl.iS-janwT. honoured all the Lords in general ; but, in the laft i6ao. Parliament they rejcfled Conference ; if they de- nied them again it would be a Prejudice. Moved for a Commitree to confider of a Petition to his Majefty to the Parpofe above.*
The Matter of the Rolls. * I commend the laft Gentleman's Speech, but differ from him, in fending a Meflage to tlie King about that which he yielded before, as freely and fully as could be, I hope that none will abufe this Liberty of Speech, and, if ihcy do, that this Houfe vvould punifli ' ihcm for it, before Notice be given of it to the King.'
• For the Necefliiies of the Kingdom ; all who have fpoken have done it to one End ; every one hath a fpecial Jntereft in it, in regard to hi? EftatCi Children, ye. He fpeaketh t)oih for King and Kingdom. The Hazard of the King's Grand* Children which are five, delbended from iheLadj^ EHzabeth. The Relief is thought necefl'ary by all ; the Queftion, only, of the Time when to treat of it. If not fpeedily, it will do no Good; rcccflary Delays, thout;h b^un now, muft make it long before it be received. I agree thar Supply and Grievances go together; and that half the Houfe may attend one and half the other. Ne* ^ ccflity is a Law, againft which there is no Reafon^ '
ing. Let both be reported tt^ether. The King hath more Defire to rcdrcfc our Grievances, than we to fupply him.*
Sir Edward Cote. * Vtrtui filere in ComjiviSy yitium in ConfiHo. I joy ihat all are bent with Alacrity asainft the Kncmles of God and us; ^f- >/'//, SfrmnarJes^ and P:?p:Jh Catholics ; it was a Grirvance complained of the 8th nf rhisRci*?n, that the Laws againft Rrcufants were not e.xecutcd j I would have all ihofe Grievances, 8 yat. review- ed, of which that was one; if any new increafcj to take fpecial Confider at ion of them. / and P#- fha^rj were thirty Days in Examination of the Pmdfr-Plet at the Tavir. The Root of it was
QUt
Of E N G L A
out of all the Countries belonging to the i'ff/^,Aa.i8.JamaU And Foux repented him that he had roi done i:. *^»*^ God thtn^ and in 1588, delivered ui for Religion's Sake.'
' The Privileges of the Houfc concern the whole Kingdom ; which, like a Circle ends where it be- gan. But: take heed, wc tofc nut our Liberties, by petitioning for Liberty to treat of Grievan- ces, ^c. No Proclamation can be of Force a- gainft an Act of Parliament. In Edward the jd's Tirne^ a Parliament was holden every Year, ihal the People might complain of Grievances. If a Proclamation comes againft ihisj the Law is to be obeyed and not the Proclamation. The 4ih Henry VIIL Strewdi moved againft the Stannary Court ; bu: was fined after the Parliament, and imprifoned by the Steward of the Stannary, Thereupon, a Law enfued, for Freedom of Speech in the Houfe ; but it ought to be done in due and orderly Manner.*
' My Motion is, that the Grievances may be fet down; thofe that are nought in Radite, or Tra^u TemporiSt firft. The King's ordinary Charge and Ex|>ences much about one ; the ex- traordinary ever born by the Subjeil ; therefore llic King can be no Beggar. And, if all the Corn be brou|;ht to the rigKt Mill, I will venture my * whole Eftate» that the King's will defray his ordi- nary Chaises* Laftly, he moved for a Commit- tee of the whole Houl'e for Grievances ; and (ajd*'^*''*""'^ (he Remedyino; them would encourage the Houli:, and enable them to cncreafe the Supply.'
The Upfhot of this Debate, was, that, at laft, it was put to the Qucftion, Whether a Petition to the King for Freedom of Speech, againft Recu- f-mts, the Bufinefs of the Supply, and for Grie- vances* fhould be referred to a Coramiltec of the whole Houfc ? And it was refolvcd to go upon them that Afternoon.
But we hear no more of this Matter of Supply for a long Time. The public Grievances got ihc
upper
Monopolift and
554 The Tarliamentary Histor t
Aa. ir. TimeiT. oppcr Hand of it intirely » and the Houfe of Com- ' itiao* mens applied themfclves fo clofely lo this Point, and the Cenfuring of Delinquents in Patents and Mo- nopolies at Home, that they feem'd to have, in a manner, intirely forgot the Palatinate and all other Affairs Abroad.
In order to begin the Reformation with them- felvcs, the firft they laid Hands on was a Member Proaedlnps °'^ *^^'^ ^^" Houfe, Sir Giles Msmpejfm^ a Pro- ■pijid Sir c;ksjeftor, and a great Dealer and Patentee. This Mompdion, a j^an they convened before them^ and ordered him into Cuftody of the Serjeant at Arms ; but he, be- ing confcious of his Guilt, found Means to malce his Efcape and fled beyond Sea. The Particulare of this Affair beft appear in the ysurnah of the Lords, to whom the Commons carried their Com- plaint againft the faid Sir Giies^ and others concer- ned with him in the Execution of his Proje^s : All (he judicial ProcL;eding£ both againfl: this Man» and others of much higher Rank, in the Sequel, being tnmtaOed before this fupreme Court of Ju- dicature. We fhall therefore now return back to the Lords where we left off, in the diurnal Ac- count from thit Auihnrity.
Morih jd. A Mefi'age from the Lower Houfe was delivered to the Lords by Sir Edward Cckct attended by feveral Knighis, Ciiizens and Burgef- fes, to this EfFca :
• That the Houfe of Commons had entered in- to a due Confideration of divers heavy Grievan- ces, and do defire a Conference about them ; leav- ing the Time, Number and Place to their Lord- flitps Appointmenr. He further added, as Part of what the)' had enjoined him to fay, Th.at whilft their Houfe was thus, amongft themfelveF, in Trcalv and Advice, the principal OiFender, Sir piUi MompfJJsn^ wasefcaped- Therefore, the Com- mons did delire ftrift Scrutiny flinuld be made for finding him out within the Rcaim,'
The Mcilengers being withdrawn, the Lords agreed to the Conference *, the Number, the whole
Houfei
I
Of E N G L A N D. 335
loufe; ibcTime and Place, Msnday nex;, ^arth j^^^^j^jj^i^ 5th, at two in the Afternoon, in the Painted- i6vh Cbambgr. Sir Edward Coh and the reft were again called, and the Lord Chancellor acquainted them. That the Houfe had agreed lo meet with the Commons, as above ; and that their Lordfhips would give their beft Aid and Affiftance for finding out the (Offender. On which Anfwer, Sir Ed- xvard6s{\tc6. \o explain his McIHige a little further ; and decbred that the Commons were not fully provided for a Conference fo foon ; but that his Meaning was. That if their Lordfhips would be pleafcd to yield to one, then the other Houfe would prepare the Bulinels io as it might give leaft Inter- ruption to iheir Lordfhips greater Affairs; And, when they were ready, would return and ac- quaint their Lordftiips with it. The Chancellor anfwered, That the Lords would fufpend the Time, till the Commons were ready for the Con- ference.
Several Propofals were then made for the appre- hendingof this^reat Offender, Sir Giks Mompeffin ; and a Mefliige was fent to the Lower Houfe to ac- quaint them, ' That they had appointed a Com- mittee of forty Lords, or" which the Prince was the firft, lo confer with a Number of ihe Com- mons, immediately, about that Point. The Lord Z&urhf Warden of the Chqite- Pons, was ordered lo fend his Warrant thither, to fearch for and ap- prehend the laid Sir GAW, if he fhould attempt to efcape that Way. The two Lords Prefidents, of f^a/es and of the Council at Tsrk, were order- ed to caufe ftriil Search to be made in the feveral Ports under iheir Charge. The Lord Treafurer had the lame Charge given him, to take Care that all Officers of the Culioms and other fJfficers, within the Ports, Havens and Creeks of ibis Land, be warned of this Bufinefs. Laftly, Orders were given to the Lord-Admiral that he fhould inftruft all Vice-Admiul» and other Maritime Oth'ers,
under
Ad, 1$. Jamn I i£ao.
I
335 T^e Tarliamentary HisTOrt
under his JorilJiftion, to make the iike Search i6i ihis extraordimry Runagate (f).
All thcl'c Orders and Direillons of the Lords being loM to the Committee of the Commons, ihey approved of them, with Thanks; and only deli- red that a raore private Search might be made for ihe OflTeuder. Accordingly, a Warrant was or- f deied to be drawn, as from the Houfe of Lords^ and figncd by the Chancellur, as their Speaker; and the Lord Chamberbin, the Earls of Aru^deU and Southantpion^ the Lords Hunjden and Houghtoa, were appointed for that Purpole. Which War- rant, being drav/n, read and approved on, was ordered to be directed to the Deputy-Clerk of the Crown, and Clerk of Parliament, and to all Mayors, Biiilifs, (3£.
In the midll of thefe Order? and Direftions, the Lord-Admirai, the M;irquifsOf 5wf^;>fitfW, decla- red openly to the Houie how much he had been t!eceivcd aod abuJcd by this Oft'eftdt:r, Sir Giles MimpeJJQfi\ who, but very lately, had wrote to hlm> protefling hjs Iimocency; affirming that what was objeiScd at^.^in(l him was but Matter of Cavil ; and that he dcikcd, only, a legal 7'rial by due Courfc of Law.
Marih^^. The Lord Chancellor acquainted the Lords* that the Ueputy-Clerk of theCruwn and the Clerk of Parliament, with fuch others as they had thought fit to allow of, had according to their Lordlhips Direction, made Search inio the fcveral HoUiCi of Sir %7;/« MompeJJ'on^^xx Francii MitcheU^ and in the Houfc called and ufed as for the Exercife and Execution of Letters Patents, concerning Gold and Silver Thrcid, ^i. mWeodJlreeti and that in each Search the faiJ Clerks hid brought awjy divers Bouks and Writings, concerning fuch Mailers wherewith the t.iid Sir Gilsi Motnpfjfen ftandcth charged ; which they had fcaled up, ac- cording to the Diieftion of the Houli;. The
Lords
.11
U
(x) There \i the Form of a Prac]amatii]Q from thie King, dated March 9d, in Rymtr't fubUt /i^s^ fgr apprchcodtlig Str GHa Mmfi£6n. Tom. XVU, P. 2S4.
0/ E N G L A N D. 337
hotds ordered that the f^ id Things, fo fea!ed up,An. i«. Jim-
fliQuld be ftfcly kept by :hc Clerk of Parliameut; 16*0. umi], upon Motion from the Lower Haufe, their Lordftiips thould be plealed lo give further Direc- tion, about delivering them to fuch Members of ihat Houlc as Ihould be aliigned to receive the laid liOuks and Papers, for ihe better Manifcftaiion of the Truth in (uch Matters as the laid Sir Gtlei ftood charged with.
The fame Day the Lord- Admkal, Buckincfyamf m^dc a Motion to the Hour(,% * That fince the Motion fdc « Education of Youth, clpecinllv of Qiialiiy and^''"='"yf»''P*' Worthy is a Matter of great Confcqucnce ; there-*""" "*^^''"*r' fore to provide that fucli Peifons, in their tender Years do not fpend their Time fruidefly, about (he Tovvn or cUewherc, his Lordihip wiflied that lome good and Ht Colirfe might be taken fur the Erediion and Maintenance of an Ac-ademy, for the breeding and bringing up of the Nobdity and Gentry of this Kingdom, in their younger and tender A^e j and for a free and voluntary Contri- buibn, from Perfons of Honour and Quality, for that Purpofe/
This Motion was generally liked and commend* cd, and many grave and judicious Speeches were ufcd, by feveral Lords, touching the moll conCder- able and material PoJius, and the perfcfl Accora- plilhments of i his molt honourable Projeft. Some concerning the Plnce whcie fuch an Academy fhoulU be placed and ereded; others, what Qiiali- fications. Arts, Sciences and Excrciles fnould be there taught and pra(Jtiled i then, how lo be inait^- tained ; and to what Kind. of young Gentlemen Fieedora Jh^ll be given torefurtorlivcihcrc as tiicy (hall picafc, with other Citcumftances. And, in order that the Milters and I'oints aforcfaid might, with more Convemcncy, be opened and dilculied, the Houfc was adjourned during Pleafurc.
The fame Day Sir Thomas Edmmdi, with o- ihers, from the Commons, delivered this Mcflap^ } * Th.u lie Commons biid fent a former Mefl!\ge to thc'.r LordOiips for a Conference LO^diing ccr-
VoL. V. Y tain
338 Th Parliamentary Histokt
AB.i8.JjmtiI.iain Grievances, principally, concerning Sir Giles i6ao. MonipeJfQnt and this Houfe yielding 'hereto had ap- poinicil the prefcnt Day for th.ir PurpoCe, if the Commons were ready for it. Therefore he was ordered to fay, thai ihey were not fufficiently pro- vided for the ijufinefs, nor cannot be 'till Thurfday in the Afternoon, if iheir Lordfhips Oiould find that Day convenient. This was agreed to by the Lords, and the whole Houfe to be a Committee to meet on that Occafion.'
Then the Houfe appointed a Committee to conlider of the Academy aforemenlioned ; con- fifting of the Prince, the Archbifhop of Conter- hury^xhfi hox6 Chancellor, the Archbifliop of >flri» the Lord Trcafufer, the Lord Atlmiral, the Earl of Oxford, &c. The Lord Chief J uftice, and the Attorney General to artcnd ihem, to meet in the Council-Chamber at tybitehall.
March 6. After reading a Bill, brought in by thcBtfhops. for punlfhing divers Abufes commit- ted on the Sabbath Day, called Sund,ty ; the Lords received a Meflage from the Cominons, ' That they h<id taken Notice of lomc WiirranTs, IfTued by ihtir Lordfhips, for Search in ceriain Places for Papers concerning Sir <5:7« MompeJJin. That the Parties, therein employed, had found and brought in ceroin Papers fealtd up, alio, a Trunk and a Bag in which other pH^iers and Books are fealed up, which they deiiremavbe delivered to them. That one Queftion ha<i been made by the Pi-rfons fo employed, concerning their Power, and thcydefire further Warrant, worn the Lotds, to auihonzc them to open Locks, Doors o^ Chelb, thai their Search may be more cnl^uged.* Anfwer, * Thai (he Lords do grant ihe Requeft of the Commons in all its Points; and will give Direction for the proper additional Words to be added 10 ihc Warrant.' A£l telatinjio March 8. Amofigft other Bills of Icfs Confe- crt^ir>g Hoipi- Gucnce, one was rtad for reviving and making per- *"'" *' peiual an ^€t palled in tlie 39th of Bih.. entitled,
jfn Ail far treiiing cf HojpUals, and JhUifig and Wot king' Hfiufis ftfr thi Fscr, And the Bifhop of
Bangor
^tfw^tfr informing the Houfr, 'That, tohislCnow-AQ.iS.Jam«t, ledge, eighteen HoJpitaU were at this Time impea- '**^ ched louching their Incorporatiors; Orders were given to the Attorney General to draw a Bill for the Confirmation of Hofpitals already founded.'
The Lords Committees (or the Orders, Cuftoms and Privileges of ihe HouJe, ^c. having met ac- cording to iheir Directions, defired that certain of thcra may be appointed to attend hisMnjefty, with' an humble Requeft, That he will be pleafedloafc fign them a SDay, when they may all come and give him S.uisfadlion in fame Points relating tohispre- roti,a:ive. Eight of ihem were immediately ap- pointed for that Puipofe. Adjourned to the 12th.
March 1 2. The HofpUal A6t was read a third Time and pafledj alfo, another for Confirmation of an Holpiial, called King yumfs'a Hofpital^ founded in the Charter-Hcufi^ in the County of Middlefrity at the humble Petition and folc Cofts and Chaiges ol Thomai Suttsn^ Efq;
Then the Lord Chan eel lor, moving from his Place to his Seat as a Peer, reported what pa (Ted at the laft Confeiencc of both Houfcs ; the Inducement of which was, to cWar the King's Honour touching Grams to Sir GUa Momptjfmy and the Means of procuring the fame.
The Ejfeft of this Conference was, * That the FuithwPnicetJ-i King, on the Peti:ion of the faid Sii G//<fj, to have i"P ajiinft Sir a Patent to reform Abufes in divers Innkeepers, and^" Monipef- & Warrant to comi»ound for the Penalty of obfo- le'e Laws touching the Prices of Horfe-Mcat, had referred the fame lo fcveral Judges, for the Po:nt of Law i and to divers Lords, for the Point of Commodtiy. That his Majtfly had fhewn the like Care, in granting the P.ucnt for Monopoly of the fole making of Gold and Silver Thread, That Sir Hinry Telvenm^ Attorney General to the King, h:id adviied the fame to be returned in- to his Miijcfty's own Hands, and then by Inden- tures to authorize divers Perfons to manage its but, that this, ahb, was referred by his Majefty to' ihc'Coi'fiJeraiiun of fevcralot his Council. That Y z the
340 The Tiirl'tafnentary Histort
An. i8.JamM!. I he Benefit arifing lo the King was made over to i6ao. others, pro Ttmpoui that the Authority, granted by the King, was much abufed in the Execution thereof, to the intolerable Grievance of the Sub- ject; and, laflly, that much Irapofture wasufed in the Trade.*
The Lord ChamberTain then flood up, and de- clared to the Houfe, ' That, at the faid Confe- lence withtheHoufeofCommans, two^T^tf^Lorrf;, meaning ihr Lord Chancellorand the Lord Treafu- rer, fpokein their own Defence j not being allowed (0 to do, when Committees are named, and the faid Conference directed and limited by this Houfe ;
which was againft the antient Orders thereof. .
Therefore, his Lordftiip moved that an Order may
now be entered to prevent the like hereafter.*
The Motion was agreed to, with this Addition,
KcColutiontasto* That the faid Lords (hould give the Houfe Satis-
L"'n\h" H^f^ f"3^'on> by an Acknowledgment of tteir Error
bf Uidf i herein.* ' ^ ^
Whcreupcnlhc Lord Chancellor, removing k- gain to his Seat as a Peer, did acknowledge, that, contrary toihe Orders of ihe Houfe, hehad fpoken, at the laft Conference, more than he had Diredion from the Houfe to do, and owned that he had erred therein- WJiich Acknowledgment the Lords, in general, accepted of. The Trcafuier, alfo, did the fjme j and then it was particularly ordered that ihcfe Acknowledgments ihould be entered ia, the Journals. Moved by the Lord Spinar and a-1 greed to, * That no Lords of this Houle arc to be called, Great J.orJs, becaufe they arc all Piers.'
The Loids takmg intoConfideration the Grie<jf vances comphuped of hy the Houfe of Commonsj it was agreed, That a felt'^1 Commiitee fbould be thofen to cunfiT with that Houle, as well to de- mand of them fuch Lciteis-Patcnt, CcmmiUjons, Warrants, Examinaiiom and other Writings, which concerned the Grievances ; as, alio, to re- ceive, by Word of Mouth, fuch further Informa- tions as might conduce to the proving of fuch
Gtier-
0/ E N G L A N D, 341
Grievances as they had complained of. A Coni-AD.iS.T»mMi. mittee was appointed, confifting of the Prince, * three greac Officers, five EarJsj iix Bifhops and fix Barons.
A Meflagc was then fent to the Commons to
defire a Conference, and after a lung Slay, An-
fwer returned, That ihcy accepted of their Lord-
fliip;; Motion, and Wuuld appoint Fifty of their
Houfe to meet them at Nine in the Morning.
That their Committee lliould hrmg with them all
iJhe Letters- Patent, O-V. which the Lords required
Jto fee concerning the Griev-.nces j and (hould,
Jikewile, inform ihtrir I,ordfhips of I'uch other
.verbal Proofs, which ihey had received about thera.
,^ht long Stay of the Mcfllagcr!! was excufed, by
their being, when the other came, debating the
Bill of SuiifiJy ; which was now, ordered by them
to be engiollcd.
Moved by the Lord Admiral, That the antlent Order of the Houfe was, Thar, before any new BuJinefs be begun, the Matter in Hand be firft de- termined J and this to be entered.
The fame Day, March 12, the Earl of Aruw del reported tu the Houfe, ' That on tho nth In- Ihnt the Lords Committees for Privileges, Cs^f. aitended his Majefty, according to Order, and that his Majefiy was pleafed to reft fatisfied, as well in their enquiring (jf Privileges, belonging to the Peers, And Maitcn c* as, alfo, that they did no Ways trench into the Privilege, Royal Prert^ative, as the Judges bad fuggefted un- to the faiil Committee. His Lorddiip further re- ported. That his Majefty was plcifcd, of hirofelf, to take Notice, That he undcrftood the Peers con- ceived it a Privilege, belonging unto them, to -.protctl only upon their Homto' it and not to be put to iheir Oaths, in Suits, as ordinary Subjeifts were.' 'I'o which the LorJs aniwered, * Thai it was very jrue the Houfe had taken ConfiJetatiun of it; and '.found much Caufe ta think, that in the Time of .divers of his Royal Progenitors they had enjoyed that Priviltgc ; \Uiidi they thought the Prailice Y 3 of
34^ ^^^ Tarl'tamentary Histort
Ail i8. Tancsl °^ '^^^'^ Times had invaded, to their Difadvantagc ; i6m. by encroaching upon it by little and little, whea they were not careful of it. But withal, they told his Majefty that this was no Part of their Errand to him ; and therefore befought him to conceive* that what they fpoke was only a$ private Men, who were no Way authorized, at this Time, ia thefe Points, from the Houfe. His Majefty faid,
* That he underftood it fo, but dcfired them to anfwer him one Qucftion ingcnuoufly, which was, TVhethtr they thought Prateflatisn, upm HsmuT or Oath, ta bind them more ? To which, the Lords all anfwered, una Vocty That they conceived Pro- teftation, upon Honour, to bind more than Oath did ; as being the fame before God and before the World ; and, in regard to the Truft given to their Degree, a far greater Charge. Adding, that they conceived the conftant and undoubied U- fjge of trying Peers, for their Honours, Blood, Lives and Eftates, upon their Honour only, did plainly prove it; and that they thought no paft Age had produced any Example of Inconvenience in the Pradlice of a.* His Majefty fcemed fully fatisfied, and bid them tell the Houfe from him,
* That he willingly agreed to this Privilege, foas they would take Care the Common Juftice of this Kingdom mi^^ht no: fufFer in it. And, that he was fo far from diminifhing their Privileges, that he would raihcr add unto them any that were Jit.'
Alanh 13. The Names of the Committee for the Conference, to be had this Morning, with the Houfe of Commons, were read. Moved by the Karl of Arur.ddf, ' That the whole Houfe (as a Committee) might conlider of the Bufinefs now tp be handled, in the Conference, witii the Houfe of Commons ; w hi(.h was generally agreed to/
Wherc;upon the Lord Chancellor, moving froru his Place to his Seat as a Peer, after long Debate, it was concluded and agreed to, That the Lord ChambciUtnihouId begin the faid Conference ; and ihaE it fhall be lawful for any of the Lords of the
â– M
0/ E N G L A N D. 343
Committee freely to queftion with the Commons ;An. :8. jimttT* 10 this Intent, only, to be informed of their Proofs ifiao, of the Grievances of which they complain ; and, to lliat End, to enter into Dilputes and Arguments with them, and to appoint another Meeting, if the Caufe (liati fo require.
It was furtheragceed * That the Attorney Gene- ral {hould beAnilhnt to the faid Lords of ihe Com- mittee i and fliould taice Notes of the Proofs pro- duced in the Conference ; and. That any Lord mights alfo, take Notes iliereof, an-? compjrc the lame with others. The Lord Chamberlain to make Report thereof to the Houfe.
At ihc Reiurn of the Committee from the Con- ference, tile Lord Chamberlain reported. That the Committee of the Lower Houfe dclired to be cxc ufed from enterinj^ into verbal Information and Dilputes, for that they had no Authority fo to do. But, That they, humbly, defired Leave to return to their Houfe fur luch Authority, and to meet again upon the fame Bufmefs.'
In the Jmmaii of the Commons, as this Day, is an Entry ' That when Sir Edward Coh made the Report of this laft Conference, in that Houfe ; he told them, That their Proceedings were highly ap- plauded, both by the Prince and all the Lords. And the Loni of Bucks^ having Leave to fpcak, delivered himfelf to this Effefl :
He firft faid, * That the King was both PallivCThe MarquU of and Aiflive in thefe Affairs : Paffive by his Majefty's Buckingbam'i gracious Acceptance of thefe Proceedings in Par- ^J^J^^j^^j^JJl lument ; which was plain that the King loved Plainefs : Aitiv'e, in that he ftnkes whilft the Iron is hot i and lince the King was willing to grant all we Can afic, let us leave Formality and afk real Things.'
' That, for his own Part, fince he had been righted in ihtir Houfe, he would do all his beft I'ndeavours to turther rhe Good both of King and Kingdom ; which could not be fevered. That jiow he knew ihc Wifdom of Parliaments, he would fybmit himfelf to be a Scholar to ihem.
That
7he Tarliamentary History
iji,j? jamwL^hat WO of his Brothers being drawn into
"^^iSr Qucftion, on thefe Affairs, he would not defend
ihem i but leave them to the Cenfure of Parlla-
' mcnt. Thai he who begot ihcfc two, had, alfo,
E>egol one who would leek for theit Puniftiment.'
The fame Vy^y a Mefl'agc from the Lower Houfe was brought by Sir Edward Cch^ and others, viz.
' That whereas, at ^ Meeting for a Conference th's Morning, the Lords Commiuees of this ho- nourable Houfe dcfired to receive of lhem> not on- ly all Letters- Patent and other Writings, but, alfo, verbal laformations of all other Matters whereof ihey hnd madcUfc in the Proof of their Grievances, now complained of : And forafmuch as then they' had no Authority to enter into Dilpute, or to give any verbal Information tlKrcof,they had humbly de- firetj Leave to return to ihcir Houie to receive fuch Authority for the lame ; They do now humbly implore another Meeting, on Thurjilay next, by Nine in the Morning, m fach Plate as their Lord- fhips Ihali appoint ; and they will come prepared to;
give ihem full Saiisfaftiun.' • Jn/u'er. ' Tha"]'
Lords have confidercd of this iheir Requeft aud will meet them, at the Time delired, in the Pnirt'
tcd-Chamber. Nothing eife materia! dofle^
Adjuurned lo Tiurfday.
March t^. A McH'-ige from the Lower H/iufe
was brought by Sir tdivTrd Cols^ and others, 'I"]iat
ihey hid returned the Prince's Bill, intituled, An
The P-inec of ^'? ts enable the AIoJl Excellent Pritm Charles to
w.i«'( Bill jHjh Lea/e^ of Lan //, Psrcfl of his Hi^hns/s'i Duff^yy
>.£•«! Nfm. Ccn. ^j- cv„„.ai! j and declared, That the (ame pal'ed
[heir Houle with much Cl;eerfulncfs and .-Vlactily,
una Vite.
When the Lord? of the Commitree were ready to goto the Conference about. Grievances, the Lord Treafurer decl.ire-l, * Th.Tras every Man ought to have a h;j:h Klleem of his Honour, fo he ought not to be fo raJh as to infringe the Orders of ih.s Ho- nourable Houfe : That many might think him pe- icmptory, ip Defence of his Hoi:our, the otheP'
ENGLAND.
Day ; but he proteftcd it was not out of any Pride ; An. 18. jwuil. for he freely confcfled he fpakc, at the laft Confe- «6io. rence, more than he oughi, by the ancient Orders of this Houfe ; but he neither loved Error, nor will contemn Order; and, therefore, moved. That whatfoever was fpoken of him, or by him, might not be prejudicial in their Proceedings in this BuJi- refs.'
• After the Conference the Lord Chamberlain re- ported to the whole Houfe what had been done at it ; which was to this Effedt :
* That the Commons had delivered in a Decla- Report from the ration of their Grievances, and the C(2pita of their Committee oa Proofs, in "W mm^, Jiib Prote/iatwtie not to be a ""'*^ Precedent for ihem to deliver in their Proofs, in Writing, hereafter.*
' Their Grievances were grounded upon Grants of the Forfeitures and Difpenfations of penal Sta- tutes, for [iiiis, Grants of Monopolies for Gold and Silver-Thread, and Grants of Conceal men is.'
' Touching penal Statutes, they highly com- mended his Mnjefty'sCare, both now and in former Times, in referring the fame to the Judges and his Privy-Counci), and his Refolution not to grant Di- fpenfalions therein.*
' For the Grants of Monopolies, they fhewed. That many Grants of the like Nature have been queftioncd in fornicr Times, and rcfolvcd to be unlawful.' For Inltance,
* In the Monopoly of fwcet Wines, granted by King Phi'i/", to the Town of Southam^tOft,*
* The Monopoly of Starch.' ' M'lnopoly for making Salt adjudged void i for
that the Invention, alledgcd in the Grant, was not jiew.'
* Monopoly of Train Oil.'
* Monoj->oly for Cards.'
* As to the Grants of Concealments, they {hewed how di {honourable it was for any Lord lo grant the like, much more for a King : That a Cathe- dral Ctiurch and twelve Hofpitala were fwallowed lip thtrcbv ; That it was contrary to the King's
Royal
The Tarluimentary Hi stort
An. iS.jMDBi.^oy'Dircdlion in his Boofc of Bounty ; wherein
* x6m. he refulcth co be rtiovcd with Grants of that Na-j
lure/
They fet forth their Care in thefe three Points,
' I, Not to meddle with the King's Prerogativc**5
* 2. To prcfcrve the King's Honour.' , t^ ' 3. To rL'ftore the Subje<5U their Wealth.'
* That they had delivered t!ie Patents, CommJf' ilons, and olher Writings, demanded of them. ' Two of ihe Declarations of ihe [aid Grievances, concerning Inns and Concealments, were then read.' After (his,
1 he Lord Hsugbton declared to the Hnufe many Abufes done to the Servants of divers Bifliops, bjrJ Pages, and others. The Examinaiion whereo ' â– B-as lelerred to Mr Baion Dtnham, Sir lf^litavi\ ^irJf and Sir Jarnti ffWiriiige ; who were to exa- mine ihc laid Abulcs with Expedition ; and the Lords condffccnded, that if sny of their Pages, oc Servants, h:id been guilty of fuch Abulcs, they miRht alfo be examined.
The Lord l^t-titwart h mov<;6<, and it was order- ed, That no Bill, but the Prince's Bill, ihould ba read, until ihc Bufincfs of Sir GiUs MemptfJoH be pall and determined. The Houfe to fu on Con- vocaiion Days, fur iht; more fpcedy Difpatch of that Bufineis. Adjourned till Two in the After- noon. prccfeJings Mcnh 15. p'ijl Meridiem* According to thean-
ibcrcuyon. cicnt OrdcfSof the Houfe, begun with Prayers in the AfLcrnoju : Which done, the third Declaration of Grievancca, concerning Gold and Silver-Thread, ■was read. 'I'hc Lord Chancellor opened the moft confider.Me Poiiits in it, which he conceived to be five: Fii^^ The Patents which are three, and the Points ui Law concerning the lame. A'f-i/, What Parties are to be charged f:jr the fame. The Proofe, wheiehi are to beconfidered what Iiaih been deli- vered by tl:e Commons ; and what may be further found out, and how- The PuniOiment to be in- ftit^ed ©a the Offender, LajHy, The Precedents
M)d
M
©/•ENGLAND. 347
and Manner of ihe Punifhment, according to thc^-'^- l^nwl* Quality of The Offender. '^"'
It was then debated by the Lords on which of ihefe Points to begin ; and that it might be carried on more freely, it was agreed that the whole Houfc {hould be a Committee ad Libitum : On which the Chancellor left his Place, and fat as a Peer.
It was moved by the Lord Spencer, and (econded by Lord IPhttworth^ That Sir Men Apj^^ with Tivcdy^ ffiimoi and Fgrret, who abufed the Execu- tion of ihofe Patents, ihould be fcnc for and com- mitted 10 Cuftody.
The Earl of Southampton moved, * To begin firft with the Execution of the P-uenis by the Pa- tentees and their Agcnu; and, as there were three Patents complained of, lo appoint three Commit- tees, of a new Number, each Committee to exa- mine the Execution of one Patent. Alfo, becaufe the Lower Houtc coutd not, nor did not, take the Examinations, to them delivered, on Oath ; there- fore that the Wiinefles might be Tent for, and fworn to their Examinations.' Which Motion was fe- conded by the Lord Ch.incellor with this Addition, * That the Oath is to be given pubhckly in the Houf'e ; for that it could not be adminiftred in a Committee.* All which Motions, on the Q^e- Ition, were agreed to.
Next follow the N^mcs of the Lords appointed for the three Committees, which may be omitted ; ♦
as well as the Order of the Times for fitting, with other Direit'^ions ; and wait tor the Rcporis made from each in the D.iys following.
March i6. The Lord Chamberlain, being the firft of the Committee on the Grievances by the Patent of Inns, declared, ' That whereas it was Yefttrday ordered that Parties, whofe Examinations were to be taken on O-ith, ihould be fworn in open Court, it appeared that the Gentlemen under- named, whole Tcftimony Is very necefl'iry, arc Members of the Lower Houfe j and therefore he delircd, that a Mcflagc fliould be firft fent, with
34*^ The Tarliarnentary Histort
An. iS.juteii. great Refpefl, to the other Houfe, before they be
J620, iVorn. Their Names were Sir Francis fane^ Knt.
Sir Richard 7ittkburn^ Knt. Sir Frams Goodwin^
Knt, (t) John Drah, Efq; and RhbardlVf/ion^
A Mcl!af!.e was accordingly fent to the Com-" mons alx-'ul this Rufinci'*; who returned for An- fwer, • That as it was a Matter of great and weighty Conftquencc, ibcy would l^kc it into Con(ideration» and (end an Anfwer by MelFcngers of ihtir own.* This cccsfmned a long Debate in tliat Houfe, which lafted all that Day.
Alarch 17. A Mc-niige from the Lower Hnufe, by Sir Ed'iJQard Coki, and others, intimaimg, * That the Commons h.id been acquainted fome Perforsof th^ir Houfe weredelired lo teftify, upon Oath, their Knowledge concerning the Grerances complained againft that wretched Man, Sir GUn Aifitftpd/an, and others: That the Parties lo requi- red hatJ olFerod themfelves 10 be fworr. \ and [here- fore that Houle wilt not be fcrupulous herein, .is the Lords m.iy perct-ive their Concur lence and Rca- dinefs to exiK-drte that Bufmefs:' Wh;th Mcffige was gratcfullv acknowledged by the f.ortls. And theaforefaid ti\e Members de firing a Day's Refpife 10 put down their feveral IJcpontions in Writing, to which they were to be t'wiirn, it was granted.
Mat eh ig. A Mctmrnmiuin is entcr'd. That, by Rcafon of want ol Heahh anJ ladifpofition of the Lord Chancellor, a Commiffioti was awarded * 10 Sir J&mei Ley^ Knt. and Bart. Lord Chief ju-
ftice of the King's Bench, fr^n'd by the King, and under the Hroa:: Se^il, 10 execute that Olficc in his Stead- Tiie Comroiffitm is at length in the Jour-
nai'j but is of no g'Ciic Significancy here .
We (hall foon find whut was the Chancellor's lllnefs.
The f.\me D^y a iWefl'ige was fent from the Commons by Sir Fulk Grev'ile^ and others, ' That the Knights, Citizens and Burgeflts of that Houfe have fent up to tlie Lords a Bill of Subfidies;
whifbj (t) See beftrti p- 5ft.
I I
I
which, a? it p?.flk1 that Ho'jfc with great and ge-An.ig. Janwtt. neral ALcriiy and E.xpedinon, ^^ey doubted not i6*o. but the Lords will, wiih the like ChearfulneJs, ex- pedite the fame."
In the MiiJll of iheir InquVies into public Grie- vances, the Connmona had thought Hi to coiilider the Ncceflities of the State, nnd grant the King a Sappiy. Mcircb rz. the Sublidy Bill wus debated in that Ht;ufe, and, at lafl put to two Qucftions, Wheihtr x^v. I ill fliould be recommiucd ? which piiHcd m the Negative ; and, Whether lobeensrof- icd, or no? which hit was carried i^r engroHing, ti^^ Syt(5j gm wiihout one negative Voice. On the j8ih it pal-paiTcd Umni- fed the Lower Honfe, and was ordered to be fent"^^'*. up to ihc Lords, as abovtmcnlioned. We can- not omit, that a Mcflage from The King was deli- vered TO this Houfe, on their Unanimiiy, iJc. in paflirg the Sublidy Bill, * That he returned them Thanks for their Chearfulntls in It; and looked upon it as giving him their Hearts and all-'
When this Bill for granting two entire Subfidiea, by the Temporality, was read a firft Time by the I^ords, the Lord Chief Juitice repeaitd the laft Provifo of the Adt, which declares, ' That fincc it is not iifual to grant a .Subfidy at the Beginning of a Parliament, ihey defue it may not be drawn into a Precedent, nor he prejudicial heieafter, as the Royal Aflent may be given, by CommiHion, or otherwire, for the fpecdy levying of the famp, the Parliament ftill luting.' 'Ordered that this Bill be read again in the Afternoon.
Anuther Meflage came trom the other Houfe, brought by Sir Rcttert P/v/ifis, and others, * Thar, in their Search into the Ahuleaoi Courts, ihey found Abufes in certain emiTien; Pcrfons ; for the which they dffire a Conference, that fuch Courfe may be taken for the Redrels thereof, as fliould ft.md wiih ihe Honour and Df0ni:> o!" a P^rliHrnent. The Time, Plice, and Number of Commiitees, they humbly leave to their Loratlitps.' Anfwcr was immediately returned, • That the Lords were well picafed to accept of the Contcrcnce required ; the
Cocn-
IS James I 1610,
5J0 The Tarltamentary History
^ Committee to be of their whole Houfe, and at Two this Afternoon, in the Painted Chamber.
Pofl Meridkm. The Lord Trcafurer reiurnM, with the Committee of the whole Houfe, from the Conference; and, being to make the Report, told the Lords, that he dcfircd Refpitetill the next Morn- ing, that he might, in the mean Time, perufe his Nutes taken thereof.
The $ubj:dy Bill was read a fecond Time, as ajfo another for Confirmaiion of the Subfidies granted by the Clergy.
This Day concludes with a Mfmorandum^ That whereas, in the Suhfidy Bill granted by the Layity, the Univcrfity of Oxford was named before the Vixxycxiwyoi Cambridge : It was much debated by the Lotds what Couvfe wss ro be taken for an "Z- qaiMty between them, that the one might not hav©'^ the Piccedency of the other. But nothing was conducted on, about this Matter, at that Time. Complaint *• But before we proceed to this Report, it is ne- Su^J'^^r'^^^"'^ to look back a little into the Jourtmh of CoirtjrtiBn" ^^thc Commons^ for the Beginning of ths Bufmels a*j tiiinft fo renown'd a Man, as Sir Francis Bacm^ Lord Verulam \ whofe Name has often occurred in the Progrefs of this Work, March the 15 th, Sit Robert Philips miide a Report from the Committee^l appointed to examine in:o the Proceedings of thef Courts of Juftice, which he divided into threcj Parts; The Perfon againft whom ; the Matter ^'^ and the Opinion of the Comruiitee upon it, with' the Defiie of further Diredion from the Houfe,
' The Perfon, he faid, was the Lord Chancel- lor ; a Man excellently well eiidowed with all Parti of Nature and An ; oi whom he would not fpeak^ much, becaufe he could not fpeak enout^h.. — Hft' then proceeded to accufe the Chancellor of Cor- ruption, and open'd the Nature of ihc Evidence lo prove it ; but, as this will appear much clearer in the Trial of the Lord ChanceUor before the Lords>j we (hall poftpone it till then.
The Commons, purfuing this Enquiry in thcifj own Houfc, on the i9ih received a Mefegc from*
the
ENGLAND.
the King by one of the Secrtiaries of State, ' That An. iS. J*nK3 1. the Parliament had now fat long, and EajUr being ***^ at Hand, he left ihe Time of CeiTiiion to that Houre: That his Majelly named tucfdayy the loih of jfprii^ if they thuught proper; but this of their own Choice/
His Majefty taking Notice of the Accurationa againft the Lord Chancellor, Aid, ' That he was very forry a Pcrfon fo much adv.inced by him, and fitting in fu hijih a Place, fhould be fufiKfled. That he cannot anfwer for ail others under him, iho* his Caie in the Choice of Judges hz^ been great ; but if this Accufation fhould be provM, his Majclly would punifh him to the full.'
'That the King would, if it be thought fitting here, grant a Conimiflion under the Great Seal of Engliind^ to examine aU upon Oath that can fpeafc in this Bufmcfs. TheCommiflioners lobe fix of the Upper Houfe, to be chofen by ihem, and twelve to be elected by this Houfe. That his Ma- jefty was forry lh« Chancellor fliouM be lb que- ftion'd, and lioped he would be clear'd j but, if not, aflured the Houfe ihat he would punifli him.*
This MeilagewEs molt gr;ilefully taken by the Commons ; but, the Matter being to coiue before tbeLords, theOfferofaCommiliion, forexamining on Oalh, was need let's ; fo it was lent up to that Houfe asaforcfaid.
March 20. The Lord Trcafurcr made his Re- port of the Proceedings at the Conierence Yeftcr- day with the Commons i in which he informed their Lordfhips of great Abufes in the Courts of Juftice. This he divided into ihrce Heads, as Sir RsbettPhilipi had done before him.
* I. Of the Perl'ons accultd.'
* 2. Of the Matters objected agdinll ibcm.* «3. The Proofs.*
* The Perfons were the Lord Chancellor of En-^''^ ^P'"** ^ gland, and Dr. FitU. Lord Bifliop of Ufd^f-TZi^t^. The incomparable good Parts of the Lord Chan-a»uw,
cellor were highly commended \ the Place he holds magnified, from whence Bounty > Jullicc, and Mer- cy
JJ3 7he Parliamentary History
An. i8. janw I. Cf were to be diftributed to ibe Subje^, with 1610. which he was folely intruded ; whither all good Caufes were drawn, and from whence no Appeal lay for any Injuftice or Wrong done, fave 10 the Parliament. That the Lord Chancellor is accufed of Bribery and Corruption, committed by hJtn in this his eminent Place ^ of which two Cafes were alledged, the one concerning Chrijiaphtr Aubrey^ the other Edward Bgerton. In the Caufe betwen thi8 Aubrey and Sir William BrmnUr^ Aubrey fearing_ fomc hard Meafure, was advifed to give the Chan-*1 cellor 100 1- which he delivered to his Counlel, Sir George HajUngi, and he to the Lord Chancel- lor/
' The Proceedings in this BuHnefs going on yec»j bulflowly, Aubrey wroie Icvcral Letters, and deli- vered them to the Lord Chancellor j but could ne- Tcr get any Anfwer from hira, till, at laft, deliver-' ing another Letter to liim, the Chancellor told him. That if he importun'd him again he would lay him by the Heels, The Proofs of this Accufation are five.'
' 1. S\x George Hajilngi related it long finceto Sir Gearge Montague*
* 3. The Lord Chancellor, fearing this would be Complained of, dcfired Silence of Sir Gecrge Ma"
Jiingi:
' 3. Sir Ge<frge Hajiingi's Teftlraony thereof j which was not voluntary, but urged.'
* 4. The Lord Chancellor deljted Sir George Ha^ Jiingi to bring the P.irty, Aubrey^ unto him, and
promifcd Redrefs for ihe Wrongs done to him.*
' 5. That the Lord Chancellor faid unto Sic George Hajlings, if he woulJ affirm the giving thi» 200 1. his Lofdfhip would and rnuft deny it upon his Honour.'
The Cafe of Edward Eger ten y/^\\\\s: There beirgaSuic depending in Chancery, between the faid Edward znd Sir Rewlarid EgerWi^ the former prefented his Lordfhip, a little after he was made Lord Keeper, with a Bafon and Ewer of 50 L ind above s and afterwards he delivered to Sir
Geargt
L
Of E M^ LAND. 3//
Gif>r^e Hcffings and Sir Richcrd 7sun^y 400 I. in^n.jg, j„^,j^ Gold, to be prefented to the Chancellor. Sjr /J;- ' 1610, (bardTmfig prefented it i and his Lordfhip took and polled ir, and iaid ii was loo much, and relumed Anfwer, ' That Mr Bgcrton had notonly enrich- ed hitn, hut had laid a Tyc upon his Lordftip to do him Favour in all his juft Caufc5.*
' The Pro<ifsareiheTeftimony of Sir G^'ffr^^/5;. .ft'fgiy and one MerefiU^ a Scrivener, thus far. That he took up 700 1. for Mr Egerion ; "xho then told him that a great Part of it was lo be given to the Lord Chancellor ; and that Mr ^^^rr^n afterwards told him that the 400 1, in Gold was, accordingly, given to the Lord Chancellor.*
* At this Conference was further declared, That \
a Bifhop's Chiratiler was touched in this Affair ; whofc Fundion the Commons much honoured, tho'his Perfon was fomcwhat tainted therein. The Affair was thus :
' The Buiinefs depending being given againftMr Egerloti^ he procured a new Reference thereof from '
the Kin^j; to the Lord Chancellor : His Lordfhip iirft demanded the Parlies to be bound, in 6coo Maiks, to (land lo his Award. Having entered both into Bond for that Purpofe, the Chancellor awarded the Matter againlt £Ay(2ri£^^r/pn, for Sir Rnuhnd Egerton. The former refuled to ftand to the faid Award» and a new Bill was exhibited ia Chancery. Hereupon his Lordfhip ordered, that the Bond of 6000 Marks (hould be affigned unto Sir Rowland Egertm ; and he put the fame in Suit in his LordfhijA Name. The Bifhop of Landaff, as a Friend nxwo Edward Egertoti ^^\i\\ki\\ with jRiSn- dsiph Dfjvenpertf and one Suffer who is fince dead i to endeavour to procure a Stay of the Decree upon that Award, and a new Hearing. It was agreed that 6000 1. fliould be given tor this by Mr Egcrtstti to he fhared amongft them and cer- tain honourable Pcrfonsi and a Recognizance of 10,000 1. was required by the Bifhop from Mr E^ertott, for i*erformancc thereof. The Bifhcp's Shsrc of this 6coo 1. was to have been lb great as
Vol. V. Z no
/
Aii.i8.Jamcii.no Court of Juftice would allow. The Com- j6io. mons produced LfUcrs of the Bifhop's, naming ihc Sum, and fctling down a Coutfc how this 6coo I. was to be raifed, viz. The Lnnd in Que- ilion to be decreed to Mr Egerton, and out of that the Money to be levied; and, if this Matter was not effe^Ud, ihen the Bifhop pTomifed, in Virb9 Saterdsth, to deliver up the Recognizance to be cancell'd. The Recognizance was fcal'd, and Rtindelf Davenpcrt rides 10 Court, and moved the Lord-Admiral for his Letter to the Chancellor herein; but his Lordlhip denied to meddle in a Caufe depending in fuir. Then the faid Davtnpert cfl'iycd to get the King's Letter; buL failed in that alfo: So th^it the Good they intended for Mr £^^r- ten was not effected ; and yet the Bifhop, tho' re- quired, refufed to deliver up the faid Recognizance, untill Mr Egtrton threatened to complain thereof 10 the King.*
The Treafarer alfo declared, * Thai the Com- mons do purpole, if any more of this Kind (houtd happen to be complained of before them, that they will prefen: the fame to the Lords : Wherein they ftiall follow amient Pieccdents, which (heWs That great Perfonagcs have been accufed for the like Crimes in Parliameni- Laftly, They hum- bly defii'cdt That foralmuch as this concerns a IVrfon of lb great Eniinency, it may not depend long before their Lordlhips. That the Lxamina- tion of the l^roofs m^y tK; expedited i and> if he be found guiltv, then to be pimiflicd, if not, ihc Accufcr to fuftVr the fame.*
This Repoit being ended* (Ik Lord-Admiral l^ood up and acquainted the Lords, * TI:a: he bad been twice with the Lord- Cluncellor to vlfit him, being lertt by the King. The HrllTime l)c found his Lordfhip very fick and heavy; the fecond • Time he found him bctitr ar.d much comforted, becaufe he had heard that the Complaint of the Commona againd him for Grievances was come into this Hnuli;, where he allured hinilelf to find honourahic Juftice, In Conli^lcnce whereof his
Lor4Qup
I
0/ E N G L A N D. jjj
Lordfhip had wriTten a Letter lo the Houfci An- iS.Jameii, which Letter the Lord-Admiral prefented to be '*"*' read, as follows:
To the Ri^ht Honourable, his very good Lords, j_ the Lords Spinlual and Temporal, in the Up- ^ per Houle of Parliament aflembled. My very good Lords,
/Hmbiy pray pur Urdjhipi &U to make ^ /d-TheLoMch«-" vourable and good Confruifion of my /f/r/fficeictlloi'sUttetto it is no Fiignittg nor Fainting^ but Sickngfs both cf^^ ^f*** tny Heart and of my Back, though jsined with that Comfort cf Mmd that psrfuadeih me that J am net far frcm Heaven^ whereof I ftel the firji Fruits : Jndy becaufe^ whether i live or die, / Jhsuid be glad to preferve my Uottmr and Fame^ as far as i am wyrthyt hearing that fame Complaints of bafi Bribery are come before your Lordfltips^ my Kequefis unto your Lcrdjhsps are,
Fir/i^ 7hat you will maintain me in your goad OpitiisN, wit/jottt Prejudice, until my Cauje be hterd.
Secondly, that in regard I have fequeflered my Mini at this time, in great ^art ojf from world' k Matters, thinking oj my Account and Anfwer in a higher Court; your Lard/l/ips would give me fame convenient Time, according to the Ceurfe of other Courts^ to advife with my Coun/ei and to make my Anfwer \ wherein, neverthekfs, my CounfePs Part Will be the Uajf. For J Jhall not, by the Grace of Gsd, trick up my Innoeency with Cavillations, but plainly and ingenmujly, as your Lordfhips know my Manner is, declare ivhat J know or remember.
Thirdly, That, according to the Cour/e of "Jufiice, I may be allowed to except to the JVitnrffei brought againfl me, and to move ^ejUans to ysur Lordjhips ^ their crofs Examinations, and l:kewife to produce my own IVitnfjJes for Difcovcry of the Truth.
Lafiiy, If there come any more PetitiMi of that
feature, that your Lyniflttps would be pleofta not t9
take any Prejudice *r Apprthenjiin of any Number or
Z 1 Mujlet
356 TheVarliamentary History
An, 18. jamoL ^'^P^ ^ '*''"> efpecialfyy agaittft a Judge thai ' i6ao. mahi two hundred Decrees and Orders in a Tear^ (not to fpeak of the Courfes that have been taken fw hunting out Complaints againjl me) but that I nuvf anjwer them according to the Rules of Jujltcey fevt- raliy and refpeSiively. Thefe Requefts I be^e appmr to your Lordjhips no other than juft ; andy fo^ tUnkr ing myfelf happy to have fi Noble Peers and Revf- rend Prelates to difcern of my Caufe, and dgfiring no Privilege of Greatnefs for Subterfuge of Guilti- nefs 5 but meaning^ as I faidy to deal fairly end plainly with your Lordjhips^ and to put tnyfglf s^m your Honours and Favours ; / pray God to bleji ymr Councils and Perfons. And fo I refiy
ig March, â– > Your Lordfhips humble Servant,
'}
1 620. 5 Fr. St, Albany Cam*
The Clerk having read this Letter, the Lo(d
BiHiop of Landaff was admitted to fpeak in hia
own Defence, on the Accufation of Socage, in a
Bribe intended to the Lord- Chancellor, in Mr.
Egerton's Caufe. The faid Bifliop declared bis
great Grief, * That he remained accufed, airaiga-
l^^^l ed, condemned and executed, in diifd Cau/S^
fence ' ^or, although he fhould, as he doubted not to do*
clear himfelf, yet the Scandal would not die- He
laid that the Party who accufed him was the Party
grieved; a Man weak and mad with Afflidtkmj
and as for the Aftion, whereof he was accufed, he
was but made Ufe of in it. He was requeued, firft
by Francis Jemur but refufcd ; then by Tr0ram
Woodward, and then he, alfo, denied it; at laft the
Party himfelf requefted him, at whofeTears he yidd-
ed thus far. That the Party, viz. Edward EgertoUt
might acknowledge unto him a Recognizance of
6000 l.,ic was, only , acknowledged, notenrolled, nor
intended to be eniolled; he was only truftcd with it
for Mr. Egertonh Good, Davenport and othen were
tobetheAftors. ThathedifchargedhisTruftaccor-
dingly, though Davenport and others impcMtuned
him to the cohtrary. His Aims in this Adion
were two; the one Charity, to do Mr. Egertm
t
0/ E N G L A N D. 357
I
Good, ihe other to prefer a beneficial Suit to an ab.is. jameil,
honoumbie Friend to whom heow'd his very Life. >6w.
If he had an Eye to lomc private Gain to himfelf,
having a Wife and Children, he had therein Hnned
againft God, in not rdying wholly on him for
their Maintenance; but no Share in the Sum of
this bocol. was ever purpoJcd unto him, and upiin
ftridt ExaminATion of his Conicience therein, he
proteftcd, before God, in whrtl^r Sight he (lood,
and before this honourrible Aflcnibly, ^ui eftit DiJ,
intuit. That he was not to have had one Dinitr of
Share therein.'
When the Bi(hop had ended his Defence, the Lord Clmnibcrlain moved. That for the better Coniideration of this Eulinefs, and how to pro- ceed to the Proofs, the Court may be adjourned, ad plaiitum, and the whole Houfc fie as a Com- mittee; whereupon, the Lord Chief Jufticc re- moved 10 his Place, as an Affiftant.
After much Debate thereof, the Chief Juftice returned to his Seat, as Speaker ; and it was agreed, that a Meilagc fhould be fcnt (o the Houfe of Commons, declaring, ' That the Lords, accor- Proceedind ia ding to the Conference Ycftcrday, have taken Con-« " <S"«" . fideraiion of the Complaint by iliem made againft^*'*"'' the Lord Chancellor and againft the Lord BiOiop of Landaff. That they find the Commons have made Ufe of three Letters, wrote by the faid Lord Bifhop of Landaff^ and of other VVritings, men- tioned by them in the faid Complaint ; alfo the Teftimony of two Gentlemen, Members of that Houfe, Sir Gtargt HajUngs and Sir Richard Tcung ; in taking whofe Teftimony the Lords intend not to touch the I'rivileges of their Houfe, but to have it as from private Pcrfons and not as Members of Parliament. Laftly, That the Lords may, alfo, with the IikeReijic£l, defirelhe Teftimony of any others, though Members of that Houfc, if Caule fhall require, upon the Kxamination of the Abufcs complained of jinjiver, ' That the faid two Gentlemen, Sir Gmge Hajiings and Sir Rithard TffUffg will vuluntartly, and not by CommandmeuC Z.i oc
35 8 the Parliamentary History
An. iS.Juncsl.or Dircftion of their Houfc, attend their Lord- ^^ fliips; and that all Letters required Ihall be lent accordingly. As for the general Requeft, That the Lords may fend for any other Member of that Houfe to be examined ; herein ihry humbly pray that they may advife thereof (u).'
During the Time that the whole Houfe fat as a Commiticc, as aforcfaid, it was debated and agreed to, that the Parties undernamed fhould be alfo fent ^r, to be fworn and examined in this Bufincfs.
Kaiph Merefiil, Tnffram IVoodward^ , Ratidsrpb Dmienpsrt*'^
chancellor
Chrifiopher Aubrey, Edward Egerton^ Francis yenour,
It was alio moved and much debnted. Whether Sir fVilHam Btonker and Sir Rowland Egeft&ny the two Ariverfarres of Chrifiopher Aubrey and Edward EgerUn^ fliould be fent for to be examined, whe- ther they gave any Hiibc on iheir Pari.
Moved by the Karl of SeuthmnpUn ^x\^ aorcedy" That an Anfwcr fliouW be fent \o my Lord Chan-' An A f f *^"^^'^ Letter ; whereiipon a Meflajrc was fent to TO the Lofd *^ him to this KfFefl: * That the Lords received his Letter, delivered unto iliem by the Lord Admiral. They intended to proceed in hisCaufe, nou' before them, according to the ri^'hc Kulc of Juftice; and ihcy fhould be glad if his Lor^ifliip (hall clear Honour therein. To which End they pray hir to provide for his Defence.* \
Moved by the Fai! of Si/Jfol^^ and much deH ted, touching the Precedency and Equality of the two Univerfiiies, when much v^as alledgcd, for' the Right of Precedency, in each of them; b\xT] the Karl at Sujfsfk dcfired only an Equality betv/een i them; ^vhtc^l was ordered lo be put to rheQiiefttan To morrow, aiter ihe Subftdy Bill was read. Ad- journcij to Two m rhr Afternoon.
March 20. p^JJ Mfrsdiem. An Anfwcr was brought from the Lord Chancellor to the Mefiage nf the Lords, * That lie returned them humble Thanks for their Aflurance of Juftice in hisCaufe,
aiid
(vJ Sm the Conclutlmi cf tljis Matttt abctrt the Biffliop, in thtt
^R;rplj.
Of ENGLAND. ^S9
and Wcll-Wifhes to him of Succcis. The one^ jg t^j^j^j^ fccures, the other comforts him. That he intends ' li-uh- " to put their Jyordfliips in mind, hereafter, of fome Points contained in his Letter i for that the fame j „were not fpoken of in the Meflage delivered unto ]
I, Sir George Hafiin^s and Sir Richard Youngy jurat, â– ' 1 ffiloir Oire to all Qucftions, afked by the Court, ,, r Committee, orby any authori7.ed by the Court, I whether their Anfw eis be by Word, or let down |jn Writing,
\ The Bill for the Grant of two entire SwW'^JSubfidv.Bm \hy the Temponlity, and three from the Clergy, paffed, Lspas pall'cd and confirmed* 1^ Several Witoellcs fworn, in the Caufe of Grie- ivances on the Patent for Gold and Silver-Thread.
Mdwar4 ^gertort was ilio fworn 3t<IlIoirDirr, ^e.
after which he dL-livcred a Petition touching the
Proceedings in his Caule in Chancery j cujuj'
quiUt'm Tsnor fequilur in hac Verba,
To the Right Honourable the Lords Spiritual and Temporal in theprefcnt Parliament aflembled.
The humble Petition of Edward Egbrton, Efq;
Humbly flieweth,
^Hit your Petitioner being unmarried^ and fickfy, by Indentures of UJes^ and other Csnveyanees, ^/.'J^^'""*'^ tntaitd divers Mangis and Lands, in the Csuntiei ihei2t6cbMi^ y Cheftcr tfwr/ Stafford, to the XJfe af ycur Petiti-ttUot, 4ner^ and the Heirs MaU of b'a Body ; and for De- fault &f fuch Iffucy t& remain ts Sir John Egerton, and his Heirs ; whiib faid Conveyances were voiun- taryt without any Conftderation fsr the fame, and with Power of Revccamn.
7bat Sir John Egerton having by Deed, executed
^in his Lifetime^ eonveyed all bis own Lands nmo
iwland Egcrion, hii Son and Heir; and having
^^dvanced in Marriage all his Daughters, did tnake
his laji HViil and T/Jiament in Writingt under bis
Hun^ and Seait having Jtr^J bmnd the faid Row-
3^0 The Tarliamentr.ry Hi story
An.i8.Tan«l ^^"'^^ '" ^ Statute cf $cco I. to perferm his /
That the /aid Sir John, by his loft Jf^iH, in ginerar ff^urd!, dffvifid all his Lord/hips A^ftsrs, Landiy 7>- fiementSy and Btreditamentiy to your Peiitionsr and his Heirs, and made your Petiticner file Exetutor, BywbithfaidJViU all the Ejlate of the/aid Sir John, in any Part sf your Petnicner's Landsy [if he bad ony Ej]ati therein^ as indeed he had not) was /aW' fully devifed to your Petitioner ^ and kis Heirs.
T}^t the [aid Sir Rowland Egerton undufy oh- tainedofSir John Bennet, Knt. Letters of Admi- niflrattan, to be granted to two of bis SiferSy afier the faid IfiU was exhibited to be prorjed ; tubereb ycur Petitisner uas put to 2000/, Charge in " '^ «f Lavj.
Ihat Sir Rowland Egerton hath alfa^ by indire^ Means, got into hii Hands the /'aid Indenture ^ Vfes, and all your Petitioner*: other If^ritings and^ Evidences, ai;d refufeth to let Hm /ee the faid Inden- tures of Vfcs, or to deliver toy:ur Petitioner a true Copy thereof albeit^ in Law, the fame doth belong to your Petitionei. '
That the Lord Ellefmere, late Lord Chancellor ff England, before the Proljot if the /aid IVill, did de- tree, Ihat the faid Sir Rowland Jl^suJd have and enky the Mamrs of Urin-Hill and Hcywood-Bames, being a great Part of your Petitioner's Inheritance, %i>orth 600 /. per //nnum^ icith any Caufe -f Equi- ty contained in the fa-d Dnree.
Jhat ysur Petitioner vk\de humble Suit unto the Right Honourable Francis i^ifcount Sr Alban, nm,o Lord Chancellor of Kngland, to have the Benefit of a Suhje/f to recoter hs ancient hiheritante byotdinaiy Courje of Law : 1 hat the prefent Chuncelhr totik from yiur Petitioner 400 /. in Gild, and $il. 10 s, in Silver Plate ; which Monty was accepted from your Petuianer, by the Chancellor, faying^ Your Periti- uner did rol only enrich him, but ,i!fo laid a Tye upon him to do your Peiicioncr Jufticc in ^u rit;htfu] Caufe : That afterzoards the /aid Lord Chaneelkr fent for your Petitioner, and did, by
0/ E N G L A N D. 361
grtat Oathi and Prsttflcthns, draw your Petttiener An. i8. juna i Ufealan Obligation tohis Lsrdjhip of lo^Q<yi MarkSy i6jo, to Jland to hh Lerdjhip's Award fir all the Lands wherrof Sir John tgerton difd feized on j but mt fsr any other of ysur Pelitisnefi Lands.
That afterwards ymr Petitimerwas^diversTimts^ fent far by Thomas Sharpcigh, then Steward of his Lord/h'ip^s Houje ; attd your Petitioner was jeveral 7smcs offered^ That if he would presently pay iiooL in ready Mmey ; that is to fay ^ 1000/. for his l^rdjhlp^ and ico/. far the [aid Sharpcigh, that then your Petit'imcr wsuld have all his Lands decreed unto him \ which your Petitioner ecuU not then pre- fently pay in ready Monty.
That afterwards the Lord Chancellor did not only eonfinn unto the faid Sir Rowland, the Lands which he then hdd of your Petitioner's Inheritance^ being Worth 600 /. per Annum, but be did alfo take away from ysur Petitioner more Lands, worth 15,000/. and decreed the fame unto the fid Sir Rowland Egerton, wh did net make any Title thereunto bt- fsre the faid Bond was taktn^ or the Decree made, iAkewije the LcrJ Chancellor did decree ^ That the faid Bond of 10,000 Marks^ made hy your Petitioner to the /aid Lord CbanCflhr in his own Name^ jhould he fet ever and delivered to the faid Sir Rowland E- gerton, ivho Jhould fe for the fame in the Lord Chancellor's Nanie^ and recover on it to his own Vfe,
The Lnd Chancellor did further deer cey That your Petitioner /hah not take the Benefit of tlye Statute of 5000 /. made by the fid Sir Rowland, to perform the fVill; and year Pititioner is reftrainedy by the faid Decree, from the iienefit of a SubjeJf to recover his Righty by the ordinary Ccurfe of Commm Law^ without any Caufe of Equty fit forth in the fiid Decree,
Ihat your Petitioner having fient 6000 /. in Suit at LaWy and being deprived of all his faid Evidences^ being utterly imp vtnjhei by the evil Dealing of the faid Lord Cbancclkr, aitd by the indi'efl PrafliM cf the faid Sir Rowland, is likely to be defrauded of fiU Ns ancient Inheritance, contrary to the common Ju-
Jiice
jiSa UcTarltammtary History
Aa. ts. Jimei xftice cf the Landy €Xi£pt he be relieved herein by this i6to. high Cettrt of Parftament.
Tour Petitioner humbly prayeth, thai the fmd Sir Rowland Egerion mtiy be ordered to prO' duce and bring firth^ upon Oath^ all fucb In- denturei nf Ufei^ fP'rilingSy and Evidences, as le bathy or any ether bath to his Vfe^ conurn'tng your Petitioner's /aid Landt, and whereby he daimeth any Ejlate in the Landsy to the End yoitr Hon&urs may judge theresf^ and do therein ftvrtkcr^ J/, t9 your If'ijdomSi Jhall feetn to JIand with Jtifiiit,
After ihis Petition was read, Mr Egerton affirm- ed upon his Oath, rh,it the Contents ot it were true i and he was afterwards examined further in open Court. Piphert Sharpeigh, Efq; Randolph Davenpcrt and Chrijlcpker Aubrey ^ were alfo fworn and examined.
Afanh zi. At the Requeftof Mr Egerton, three more Wimeflcs were (worn and examined in his Caufc : And many more VViuieffes offemig them- ielves 10 be fworn, in the Caufcagainft the Lord ChancelJor, tliree feveial Committees of the Lords were appointed, with a Judge, or an eminent Counfcl, to attend each, to take Examinations, in order lo expedite ihc Caufc. Special Caution was given tliem, that no one fliould be urged to accbfe himfelf.
A MeHj*ge was brought ftom the Lower Houfe by Sir 7homni Edmonii^ and others, * That the Commons acItnowI^:dge, and take in good Part, ih^ great Refpe^t between the two Hoiifes in all Caufes of this Parliament. To anfwer which, they are well pleafed, that the Lords of this Court may ex- amine any Members of their Houlc, who will freely offer ibemfelvcs ro their Lordfhips for Ihat Purpofc.' At the fame Time he added, ' That They had fent to their Lordfhips a Bill againft Re- lators, Informei-s, and Promoters j and, efpecialiy, commended the good Succefs and Expedition of it ; ^ccaulc they did conceive it would dvc great Con*
tent
0/ E N G L A N D- 363
tent to the Country/ Which Bill was read a firft An. lil.jimcii. Time, notwithftanding the Order of the Houfe of '**'*'
the 15th InfVant Francis Jeyner, Ralph MerrfiH^
and Jnhn Churcbilly were worn, as Witneflcs in the Chancellor's Caufe.
March z\. pojl Meridiem. Henry Elfing was fworn in Clerk of the Parliament, and the Form of the Oath is given in the Journal Sixteen more Wimeffe?, (here named, were alfo fworn againft the Chancellor ; and as the Examination of all ihcfe Witneflcs would tnkc much Time, it was agreed that the Committees Jhouid tr;\nrmit the Names of the principal of them, and the Heads on which they were to be asked: The Examinations to be taken in opei] Court.
The Form of the OATH agreed on.
rO U PxiU fivear that ymJhaU true Anfwer make oathof thcWit- h all fuch ^cjlms and htvr^gator'm &$ Jlidl xxW-.i in th«
be mentmcd unta pu hy this High Court,' or by (^^ L(."^'i chancel.
Lerds of the Committees, or by arty Perfift, cr '^'"'^''
PerJoftJ, authorized by this High Court. Tou (hall fay the ^ruth, the ivhok Truth, and nothing but the
Truth', and you J}}aU mt f pare to do Jo, neither for
Fear, Favour, or AffeSlm, or any other Cau/e -what- f>ever, whether your Depofitions be in IVritingyOr by
fp'crd of Mouth. So help you God, and the Cw
teHti of this Book.
Interrogatories /* be minijired to ibem ibat fballbe Jent to he examined in open Court,
a. T 7[7Hether they, by themfclvcs, or any other V VV peiibn, have given Money, or any o- *^'^^^"**"'«"- ther Gratuity, to the Lord Chancellor, or to any Servant,!, Friends, or Followers of his ?
2. Wherhcr tliey have adviied or directed any lo do fo, or know of any other that hath io done ?
3. Whether they, or the Parties which they ad- vifed fo to do, or have heaid (o to have done, had then any Caufe or Suit depending before him, or in- tended to have any.^
4. Wh?-
pcfiin,
3^4 TheVarl'tamentary History
An.iS.jim«T. 4' ^Vhciher they have intended, attempied, or
j6io. known others that have attempted, or contra£>cd
for any Gratuity to be given, iho* not performed ?
Sir GtoTgt Ktyvtl delivered, in Writing, his Ac- count of the Bribes given by him to the Loid Chancellor ; which he alio confirmed by Oath. FuitTier T-timi- Ordered, That no Witnefies be examined as to naii_ofi5 of wiT- what ihey received themielves; but only what "' " Bribes were given to the Chancellor. Several oilier
VVitnefles were cx.imined, and iheir Depofiiions ta- ken, in Writing, on Oath.
Mtifih z%, Thirieen more Witntflcs fworn in the Chancellor's Caufe-, after which the Lord ChieF Juftice related a Mcfla^e, dehvered Ycfter- day by Sir ^o^fr/ PNlips^znA others; whirh con- fiftcd, he (aid, of two Points, the one Matter of Relpe;^, the other of Suhftance.
' In the firft I hey .icknowledgcd the good Cor- refpondence between both Houfes»efpecially in the Examination of the Grievances compLVmcd of, and prel'entcd to the Lords; with humble Thanks for the Support the Lortis addfd to their Labours, in giving the Oath to the Kxaminants; which they could not do. They ht-mbly defire to know the Time of the ReceJs ut this Parliament, and of ilie Accefs again, (hat ihey may depart accordingly/ and men at the fame Time with their Lordfliips.*
The leconJ Thing being Matter of Subltance, confiiicd of four Points againft the Lord Chan- cellor, f
*â– The ilrll,, a Suit in Chancery, being between the Lady I0?,}rton., Plaintiff, and IVcsd, with othera^j Dekndaiits, upon Crofs-Bills. The Chancellor,! upon Hearing, wholly dilmillcd them; but, upon) the Entry rst the Order, the Crofs-ijill againft thd Lady ^^<a'/flff was only difmifll'd; and, afterwards, for a Bnhc of 300 I. given by the Lady ff^hartsn to lite Lord Chancellor, bis Lord(hip decreed the Cauie for her ; ano then hear irg that /^W, and the other Defendants, complained thereof to thcCom- douS) his Lord{bip lent for ibem, and damned
that
that Decree as unduly gotten ; and when ihe Lady ai. i8. James U IPlyancti began to complain thereof, his Lordfliip it*"*, fent for her alfo, and promifed her Redrels, and faid, That the Decree was not yet cnter'd/
' In a Suit, between one HuU, Plaintiff, and H9U man^ Defendant ; Holman, deferring his Anfwer, was committed to the Flat^ where he lay twenty Weeks j and, petitioning to be delivered, was an- fwere^i by Tome about my Lord Chancellor, That the Bill fhouid be decreed againft him, pro Confefjo^ uiilefs he would enter into 2000 1. Bond to ftand to the Lord Chancellor's Order ; which he refu- fmg, his Liberty coft him, one Way or other, bet- ter than loool. Hnlman being freed cut of the Fleety HiU petitioned the Lord Cliancellor ; and Holman^ finding his Caufe to go hard on his Side, complained lothcCommons: WheseupontheLord Chancellor lent for him, and, to pacify him, told him he fhouid have what Order hepleafbd himfelf.*
' In anotherCaufe between Smitlkvuk and IVycbct the Matter in queftion being for Accounts, the Mer- chants, to whom it was referred, certified on the Behalf of Smithwkk \ yet Spiithvuk^ to obtain a Decree, was told by one Mr Burroughs one near the Lord Chancellor, that it muft colt him 200 1, which Sum he paid to Mr Burroughs or Mr Hunt^ for the Ufe of the Lord Chancellor, and yet he de- creed but one Part of the Certificate ; whereupon he treats again with Mr Burroughs who demanded another lool. vi\\k[^Smitbwlck alfo paid for the Ufe of the Lord Chancellor. Then his Lordfhip referred the Accounts again to the fame Merchants, who certified again for Smitfnvid ; yet liis Lord- fliip decreed the l<!cond Pan of the Certificate a- gainft Smitlnvuk ; and the firft Hart, which was formerly decreed tor him, his Lordfhip made doubt- ful. Sm'uhwUk petitioned the Chancellor for his Money again, and hrid it all, five 20 1, kept bicfc by Hunt for a Year."
The Lord Cliief Jufllce delivered alfo three Pe- titions tu their Lordiliips, received YcHcrJay from the Commons J the firft from ihcLaJy /â– f-'i-artony
the
^66 V^e Tariiamentaryli\%r OKY
4n.,j,jjnic»i.the next from /^«<^, and others, andihe third from i6so. Smiiku:i{k.
The fourth Pan of the MeHJ^e cnnfiftcd only of Inftruilions, dchvered to ihc Commons by one Churchill^ a Regifter, containing divers Bribes and Abiifcs in Chancery ; which they defire may bo _ examined.
Four more Witnefles delivered into the Lords] their Depofitions, on O.iih, againft the Chancellor.-^ in Writing, and figncd by their own Hands. One of which, lyilliam Pcaccci's, being obfcrvcd not fo full t!s Yefterday, he was asked if he had fpoke with fomc of the Lord Chancellor's Servants fince that Time; which heown'd he had: Upon which he w-s ordered to write his Depofuion over agaiily andadd theSubltaiiceof that Confeience.
It was now that the Proceedings againft the Chancellor met with fome Stop, by the Lords, ia the fevera] Commiitces appointed to enquire into the other Grievances complained of by the Com- tnotis, Dringing in the Accounts of ifaeir Progtefs in ihcm. The Lord Chamberlain, one of tho I Committee appointee] to enquire into the Grievan- ces of the Patent concerning /hks and i^Jlelrits^ reported,
Spwtfromtiic ' '^^'^- '" ^^'^ ^^'^ Patent were three Things c«inr»:-tee on confideTHble : Firft; The Legality of it granted to Ghesancci. Mapjpffiii; hut in tlut the Ojmmillee bad no Powe: ro judge. Next, The Inconvenience. Laftly, '['he Abuibs in the Execution. That the Inconvenience appcarc-d in the Patent, where the Judges lire made fubjeil to a bafe Fine of five Shillings i and, in ihc Exetuiion, beraule that Sir GiUi ]\fhmpeUiii •.tffr<niie<l die Jullices of the Peace, and tluea:ncd (evcral of them with the Council- Tafaie. And, bec.mfe theie wereCertifi- tates (cm him, from Time to Time, of ihofe Ale-Houte Keepers, wlio were fupprejled for ill Behjvlour, he made ihW Ufe of it, lo ni.ikc them Innkeepers. 7'hat he grimed Licences to divert bafe Fellows lo k^cp inus; and lued out Procelles
ag^aioft
0/ E N G L A N D. j*?;
«gafflft 4000, for keeping Inns wiiliout Licence, An, ,3 jaowT, ^nd for the Price of Hone- Meat, of which he on- thaa, \y tried two Suits. Laltly, HisLordfhip delivered a Colledlion of the feveral Abufes and the Proofs of ihcm.'
The Earl of Arundek reported, That the Con- fidcration of ihc Grievances by the Patents oi foie ManuftUUiring Gsid and SJver- Thready complain- ed of» being comtnitted to h;s Lordihip and other Loids joined with him in Commiiicc, ' That they had often met, the Bufmefs being attended With great Difficulty andconfifted of many Parti- culars. That they had examined many Witnefles, and more were produced who were fit to be exa- mined, if the Time of Recela was not lb near at Hand. The Lords Committees have thought good to prefent to the Houfe ihqfe Proofs ihey have made, not to delay the Tirne ; but their Lordfhips were not to be excluded from giving further Proo;s hereafter.'
' His Lordfbip oblcrved. That the Committee dealt, chiefly, with the Execution, not with the Legality of thcfe Patents. They found in the Execution thereof, That the Authority given by Ihefe Patents, which ought to have been rarely uicd, was ufed by them familiarly, to the un- doing of Thoufands. Thai the Warrants dor- mant, to feizcand imprifon, £?V. exceed all Kinds of Warrants; oi which there are three, and one of ihem is without Date and r.i7.ed s and the other harh a Date by a new Hand. Th-it Sir GiltS'Msm- piffon committeti divers to Prifon, withoui Exami- nation, which they could not do by that Warrant. Several were threalned with Impriluninent. 7"lut one F&wlis did lock up divers in his own Hoult-. That feveral Houles were violently broke up and the Psiiies Goods fei7-ed. 1 hat others wcrecom- pclled to enter into Bonds, not to exercife their own Trade and to ftand 'o their Orders \ and to muice O.uh whit Quantity of Gold and Silver- Thread ihty fuldt and to whom. That Sir GU'i conftrlil'd divers of ihefe WrongSj and made Relti- «t- tutiuD
3 6S Tha Tarliamentary Hi s r «
7*mcii.tution unto many. That this Work of Gold and 1610. Silver-Thread was much fophifticated, fiiice ihe Grant of the folc Mdnufa£ture thereof.*
His Lordihip further declared. That the Lords Committees urged none to accufe himfcif, and admonifhed every Man nol to accufe another out of PafTion. He defined, That though Sir Giles Mompeffon be fled, yet that Fswlh and other De- hnquents may be heard here, what they can fay in their own Defence.
The Earl of Smihamptoft^ one of the Commit- tee to conlider of the Grievances complained of for Comealmenti^ reported to ihc Houfe, ' That they find his Majefty to be much abufcd in the Pre- tence and Execution of this Grant.' They find that Sir Giles Mompeffm obtained a Commiflion to himlelf, to call all Officers befort him; by Virtue whereof he fetched up, from all Parts, the King's Officers, and kept them here to fill his Book, gran- ted unto him of 200 1 per Annum, on concealed Lands, in Recompence of his Service. The Pro- ceedings, Warrants, and the Abufesin the Execu- tion, are all fct down in the Declaration, delivered by the Commons. Their Lordftiips Labour was to look into thefe Informations, wherein they de- fired the Help of divers Gentlemen of the Lower Houfe J who, not u Members of that Houfc, but as private Gentlerren;ind Kricnds, gave their Lord- fhips full Satisfadion therein. In ihii Search, they found Proofs of every Point, fet down in the faid Declaration i and, for their more full Satisfaftion,
Lthey reviewed the Records ihemfelves, wherein they fojnd fomc Procecdit;gs, not mcnlioned in the DecUration, and not warranted by any Com- miflion. Vi%. *â– Procefs ufed by Ge^ge GeUard, Sir Giles Mompejjhn^ Agent, in the King's Attorney's Name j the laid GeUard confefEng to one and but one.* * Sir Giki Mmpejfm ufed GeUard and his Man as his Agcnis; Gekiard to be CommiiHoncr and Geidnr-J's Man to be his Clerk/ * Their
Of ENGLAND. 36^
* Their Lordfhips found likewifr. That C?'/-Aa. t8.Tam«l. dard's Man gave the Evidence ro die Jury, and, T«ao, though the Jury found an imperfeift Verdifl, yet
Gildard proceeded as upon a perfect one.*
' That Geldard compounded with divers who were queftioned for their Lands, as concealed, and employed thofe Parlies, asCommiflioncrs, for their own Comporuions.'
* Th.it they fet down in their Book an Advow- fon and a Retflory at Four Pence per Annum ; and Lands, called Peafe Marjh^ at Ten Shillfngs a Year ; which was affirmed by Sir Gt^rge Mosrt^ the Tenant to it, to contain 700 Acres, and to be better wotth than 300 I. a Year/
* Thnt there was no Time limited to Sir GiUi Msmpeffon to fill up his Bouk ; whereby, his vexing the Subjeft, to fill the fame, might continue icvcn Years/
* Laftly, Their Lordfhips conceived, That as his Majelly had been abufcd in the Grant and in ihe Execution of it, fo he fliould alfo have been in the End/
After this laft Report was ended, the Lord Ad-Marqult of miral, Buckingham^ ftoodup and moved the Houfe,B"citinghjm'i • That Care might be taken, hereafter, that the^**^""^" Sophifticauon of the Manufafture of Gold and Sil- ver-Thread be prohibited ; and none be permitted to work ihcieon, to watte and confume the Bul- lion of the Land. Hecommended theTradcthat fet fo many Tboufands on Work ; and, if Order was firft taken for bringing in Bullion, and againft the Sophiftication, it might be gainful both to the King and Common-Wealth ; and to new Paten- tees, if another Patent ihereof (hould be thought fit.'
His Lordlliip fhewed further, ' That the Mo- tive for the Grant of Csnuaimtnti was. That Sir Gilei Mampefjon ofF-?red his Service, to confider how the Muliiiude of Officers in the Exchequer might be cut off. In which his Majcfty firft aflced the Opinion of the Judgeij and his Majefty's Plenfure was not to prejudice any Officer, duria£ his Life,
Vol. V. A » but
3^0 77^^ Tarliamctitary Hi stoky
\n. iS.Jimesl.but to provide for ihc fiiiurc ; which was» and yet 1610. is, his Majefty's Rclolulion to do ; in Confideration whereof, this Patent of Cmcealmtnti was firll grart- rcd TO the faid Sir GiUs. \\ was ill forefeen, that a NUn of his corrupt Dirponciun fhould be admit- ted to view the Records, which he might embezzle, blot or raze out for his own Profit; but, at that Time, Sir Gilts had the Reputation of an honcft Man.'
* That Sir Giles had abufcd this Grant many Ways, but, as yet nothing was paft under Seal. Thai the Abufc, partly, grew out ot this. That Sir GiV^j had compounded withone G^/Jjrrf for thefeme, -.vho, to make his beft Commodity thereof, put iiuo (he Book Matters of great Value at fmall Rate$i which, when his LordQiip heard of, he rebuked Sir Giles and wille.1 him to look to it, and not to fuffci-any Thing to be paft but what the Chancellor of the Exchequer (hould firft allow of. 'I'hat, thereupon, the faid Sir GiUiy in the Hear- ing of his LordQiip, delivered his Book to Mr, Ch:incellor to be viewed,andwhatfocver_hethoiighc good [o be put out. Laftly, Though much was intended ,to the Prejudice of his Majefty and the Su-Mctt, yet nothing was paft.'
VVhen the Minilter Iiad ended his Speech, a Motion was made and agrted to, * That, aliho* (he Prcofs given before the Lords againft Sir GiUi Mempijm and others his Agents, for their Mifde- mcanors, were good and m.inifolii, yet, their Lord- Ihipswill hear tiK Ponies ihemfclves what they can fay in their oivn Pefcntc. But, becaufe Eajt^r is drawing on, and the Time of Rtcefs very near, in which fhort Space ail the Delinquents cannot be heard and priJteedeJ agalail ; it was furtlier agreed, ThataCoMetlionhc madeof all 1 he Proofs, concer- ning Sir Giles Mo'Hpf£l/i only ; which being read 10 the Houle, the Lorua Would proceed to fentenceSir GiUs Mampejfan^ thoufili ableni ; for that his Flight is an Eviction in Law: And for that the Expec- tation thereof is great as well as the Grievance, therefore the Procetdiags fliQuld be with Expc- i . dition.
I
I
Of E
571
diiion, ihat ihe whole Kingdom might hear of the An. iSjiBQwr, PumJhTiien(\it\\io\QA upon Deliiiquentiy by this Par- '^*"* liam^ht, as Wtll as of tl)e gnintccj Sub/idies.
A Debate arifing, in wlur Manner to proceed ^^^m" tlw<w« a,?ainft the laid Sir Gihy whether by Indiftment in thaiHoufc, ororhcrwife? And [here being Ibme . Confulioii amongft the Spc:)kers, the Prince of If^aifs, who conlbnrly atrfnded ihis Bufincfs Mor- ning and Al'iernooii, ma<Jc ii Motion, ' That by the.aniicnt Orders of the Uoufc, no Lord was to (peak, twice, though 10 explain himlclf, except I'litie other Lord miftake his Meaning in any Part of his Speech,* This was commanded to be en- tered, and ordered to be obT'Tvcd.
On a f.loiiiin of ihe EAr\oi J'UtideU, thcfioufe was aJJDUFtxd, ad LsbitwJ^ and :hc Lord Chief Juftice ]cft hih Seu, as Lord Chancellor. Then it wa.s debaictJ, What Courfe fhould be taken with Manhlai FowUi^ Gto'gf Geldardy and oihcr De- linquents, committed by the Lower Houfe, and fent by tliem \o be examined by ilic Lords; and many foul Abulcs proved againft them. Likewlfc coiiccrnlng Sir Fintnis Mitikeil^ ivhcm ihtr Lower Houfe had Hrft committed for a Contempt againft tlietu, and isalfo found guilty of many great Mif- demeanors, rcUting ;o the Patent of Gold and Silver-Thread. But nothing was then refolvcd on ; and the Chief faftice returning to his Sear,as Chan- cellor, a MelTi^c was fent Irum the Lords to ihe Lower Houfe, to defire they would picali: to pre- Sfent themJelvesthis Al'ternoon, with their Speaker, to hear his M^ijelty's Commiffion read for the Royal Aflent to the two Suhftdy Bills: Alio, to acquaint ihtin, that the Lords had agreed the Re- cefs from P.irlianu-nt, ibis Time, to be on Tuejday next ; hut th-ii the LoriJs do leave the Tmie for Accel's again, to the Confideration of theCommons: And funhcT, 10 let ihem know tljat the Lords are very cartful 10 expedite the Hill againft Premo- tirs, which was fu c^rneftly' commended unto ihem. Which Bill h.ad been once read, but, bc- A a 1 caufe
37^ TheTarliaf^entaryKisrOKY
Aiui8.jamMLcaufe the Time of the Recefs is fo near, their
I 6m.
Rrmaifeable Vn«nimiry of
Lordfhips intend to fpend this Interval in procecij- ing to fenrence Sir Gila MompelJbn only. Laflrly, Their Lordfhips deiirc a Conference with ihem, about the fafe Keeping or Bailing of Matthias FatvUSy George Geldard^ and oiher Delinquents, committed by them of ihat Houfe ; and that they come prepared to give their Lordfliips Satisfaftion therein.' Anfwer returned, ' That the Commons agreed to all thefePropofitions of the Lords ; would â– come prepared for the Conference that AfternooD ; and give them an Anfwer to every Thmg.'
March 22, poji Meridiem, The Speaker of the Houfe of Commons being fent for in and come to the Bar, the Lord Chief Juftice delivered to the Clerk the King's Commiflion, figned by his Majtfly, and under the Great Seal, with the two A<^s of Suhftdiei annexed to it. Which Commif- "fion, in the ufual Form, (and therefore omitted) being read, the Commons withdrew.
The Lords being to meet the other Hoafe in the Painted- Chamber^ the Eirl of Z>tfr/^ actjuaint- ed their Lordfhips, ' That he was informed by fe- veml Gentlemen of the Commons, that the Mcf- fagc, fcnt them in the Morning, was wholly mifta- ken in the DeHvery of it. On which another MefTagc %vas fcnt to the fame Purptirt, by other MelTenger?, in order to explain the former.*
On the Return from the Conference^ the Lord Treafurer made the Report of it to the Lords, * That the Commons render their Toriifhips hum- ble Thanks, for their honourable and rcfpedtful Kntertainment; wJth hearry Thanks to Almigh- ty God for the great and good Unity between the two Houfes.'
• That whereas their Lordfhips had left the Time of Accefs again to Pailiament, to be refol- ved on by them ; they, upon ferious Ochberation» have agreed the fame to be on the i7Lh of April next/
' That they refer tinto their Lordfhips the Bail- ment or Commitment of MoUbiai Fewlis, GeU
dard^
I
A
0/ E N G L A N D. 373
^ardt and other Prifoners, by them ti-aafmitted to An, i8. jama I,
ibcir Lordlhips. But their Opinion is, if it may '^*°'
fo ftand with their Lordfhips Plesfurc, That a
Goal is the beft Buil for them. And, as for Sir
Francis A/i/iT^//, though he be by them committed * •
Prifoner to the Totvsr^ yci, he is left to their Lord-
ihips DeEerminaiicn.*
After Tome Dt;bate on what Oiould be done with thofe Prifoners, it was ordered, That Fou/Ijs and Geldard fliould be committed cloie Prifoners to the Fkit J with a fpecial Charge to the Warden for their fafc Cuftody : And a Wamnt was made out by the Clerk of Parliament accordingly,
TTic Lord Treafurer put the Lords in Mind of the Motion made by the Lord Admiral this Ador- ning, For fome Order to be taken to prevent the Sophiftication of Gold and Silver- Thread, and the Wailc of Bullion. Agreed, That the Attorney General do draw up a Form of a Proclamation for that Purpofc j to prefent the fame to the Houfc, and, upon Approbation, to be laid before his Ma- jefty. •
Upon a Motion of the Lord Houghtotit * For Precedents to be fearched for and produced, touch- ing Judicature, Accufations and Judgments, an- ticnUy ufed in this High Court of Parliament.* It was order'd, ' That a Committee, of a fmail Num- A Ciinimitr« of ber, fhould prcfenily take Care for the Search there- }f"^\ ^'*"^*V",* of amongft the Records, remaming in the ^^sfftdtcwutc, &c, or ehewhere, and Copies of the fame certified un- der the Otiiccrs Hands.* The Earls of Hunting- daa, Wanvitk^ and the Lord Hifugbton were ap- pointed for that Purpofe.-^ Five mote Witnef- fes, with the Lilly If-^hartan^ fworn in the Caufe againft the Lord Chancellor.
March 23. Upon a Motion of the Earl di Suf- folk and tnliers, it was ordered, ' That fome of :he Lords be appointed lo caufe Precedents to be learchetl, and Proofs to be produced, concerning the Precedency and Antiquity oi the two Univcrljties 01 this Kingdom i and the Umt to be prefentcd to the Houfe at the next Acccis of Paiiiamenl.'
A a 3 It
374 TheTarHam€ntatyHisrov.Y
An. i8. firnei I. It was agreed alfo, * That tlic two former Com-
ifiio. miltccs, or any two Lords of either of the faid
Commiaees, be appointed to cxamiiieVVitneilcs,in
Wi"th«'urf^^^ Chancellor's Caufe, from Time lo Time, be-
Chanecilof'i iween Uic Recefa and Acccfs of Parliament.
pafc. Some more Wimcflcs fworn and examined againfl.
the Lord Chincellor.'
Pejl Msr'sScm, £4zvard Egertofii Kfq; prefen- led a Petition, praying, ' That Sir Roivhttd Eg£r- ton be crdercd forthwith to produce, upon Oath, certain Indentures and Writings gotten undue- ly from the Petitioner. Upon a Motion of the Lord Skejf.etii^ the faid Petition was ordered to rerrain with the Clerk, untill the Corruption and Bribery complained of, be determined; and then the LoiJs would tike it into their Confideration/ On a Motion of the Earl of Arunhlt^ who ac- quainted ihe rioufe, ' Thar ibe Lords Commit- tees be ng ordered toex3m;re ncncto^iccufe them- felm, they had taken, only, ibe Dsclaration of Thmds Norion, Gtrvafe Unzt-en, r.nd Afithony Ber- ry, touching the Patentees of Gold and Silver j it was ordered, That the faid Perfons fhould be now examined concerning Sir Gt!is Mcmpejjsn only/
Sir Ralph Hatisby being fworn in the Lord Chancellor's C:!Ule, \heY.\\\ of Southampton ^^vf- ed, * That thefaidSiriJfl/^^bcingexamined by his Lordfijlp and others, corccrning a Bribe of 500 I. given by himfelf to the Lord Chancellor, he made a Doubt whether his Aiilwer thereunto might not be prejudicial id his Cauft; wherefore, their Lord- fhips Refulution hetein was required. Whether the faid Sir Ralph Ihould be urged to make liis Anfwer cr not ?*
Aflrr, long Dcbaie of this Matter, it was wdcrd, ' Thjt the Examinations, taken in this Court, , foould nu: be, hertalier, ufed in any other Caule, or in any other Court. And, altho' divers of the Lords were of Opinion, That the Party's Ccnfef- fion of the giving of a Bribe cojIJ not be prcju- (ilcial at all to him, yet others doubted thereof. Xiierefure, i^ was put to the Qusftiun, Whtther
I 1
Of ENGLAND. 375
the faid Sir Ralph fhould be examined what Gifr^^ .^j^^,. or Reward he had given to the Lord Chancullor, ,6ii, and it was agreed he (hould be examined in that Form only.'
The Earl of Huntmgdsn, one of the Commit- tee appointed to fearch Precedents of Sentences, iSc reported, * That they had fcarched the Records, and the Earl of jyanvick read the Heads of levc- ral Precedents, and then delivered the Notes taken out of the Records, and ligncd by the Officers, to be kept by the Clerk.'
The Colleaion of Sir Gihi MmptJon*% Offen- ces, touching Inni and Hojieriti, and ihe Froofe thereof, were read, with the Patent and Commif-
iion concerning the lame. Adjourned to the
z6th Inllant.
March 26. The King came to the Houfe of Lords, tlic I'eers being all in their Robes, and the Prince with his Coronet on hii Head ; the Earl of Oxford^ as Lord Great-Chamberlain, bearing his white Staif, and the Earl of McfitgGrnery the Sword. His Majefty, being feared on the Throne, made the following Speech to the Lords only [x].
My tordsy
* rnr^ H E lad Time I came hither, my Errand TheKing'i
* J[_ wa« to inform you (as well as my Memory Sp«ch to the ' Could fcivc me, of Things fo long pafled) of the '*'^*-
' Vcriiyof my Proceedings, and the Cautions uied
* by me in the paffing of thofe Patents, which ' arc now in Qucllion before you ; 10 the Efieit,
* that they miglu not be abufcd jn the Execution : ' * And thli 1 did by Way of Declaration. But
* now I am come (underftanding the Time of < *• your Ccniurc to draw near) to exprefs my Rca- ' dinels to put in Execution (which is the Life of
' the
(;ifl This Speech ii m Jtupfo^rih, Vol. I. P. »+■but is oniic- tril m the EJition of Ki-i; 'Jamn't Wutlci ; >i, iniiceil, are all hit Spcircha to I'lrlumenr, ctcfp* Fmir: But tor viKxX Rejlbnisilot rm'y (•> ^ff*. 'I'hf tolluuing ii takrn irOm ciiic{fitinred Jt/^ii/Mt hy Bcrham l^tricn and 7giin Pill, Piin:en lo c:'« Kwg'a Moft Ei- ccllfiit Majc^ly, 16215 in the valiubk CoIUftJon of Painphlctt ia the Liboiy uf the luc Sii tUi'-y i.t^drukt, Birt.
57^ Tbe¥arU0mentary'iiisro9iT
Afci9.JameBl#* *e Law) thofe Things, which ye arc to fentcnce l63ii ' (for even the Law itfelf is a dead Letter with-
* out Execution) for which Office God hath ap-
* pointed me in thefe Kingdoms. And though I ' aflure myfelf, that my former Behaviour, in ' aU 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 Punifhment ofThings
* complained of. The firft Proof whereof I have
* given by the diligent Search I caufed to be made
* after the Perfon of Sir Giles Mompg//5n, who
* though he were fled,y et my Proclamation purfued
* him inftantly (y) : And as I was camcft in that,
* fo will I be to fee your Sentence againft him put
* in Execution.
* Two Reafons move me to be eameft in the ' Execution of what ye are to fentcnce 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' politic Marriage be-
< twixt me and my People. For I do affureyou
* in the Heart of an honeft 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 the Parliament, I
* would have done the Office of a juft King ; and ' out of Parliament have punifhed them as fevere-
* ly, and peradventure more, then ye now intend
* to do.
' But now that they are difcovered to me in
* Parliament, I fhall be as ready in this Way, as ' I (hould have been in the other. For (I con-
• * fcfs) I am afhamed (thefe Things proving fo, as
* they are generally reported to be) that it was not
* my good Fortune to be the only Author of the ' Reformation and Puniflimentof them, by fomc
^ ordinary Courts of Juilice. Neverthelefs, fincc
< thefe Things are now difcovered by Parliament, ' which before I knew not of, nor could fo well
* be difcovered othcrwife, in regard of that Rcprc-
< feouttvo
{x} V? Wore, ?. 5J4.
which comes Ao.i9<Jsi»c«i. be never **»^'
0/ E N G L A N a 377
* Tentative Body of the Kingdom*
* from-all Parts of the Country ; I ' a whit the flower to do my Part for the Exe- ' cution. For, as many of you that are here
* have heard me often fay, fo I will ftil] fay : So
* precious unto me is the Public Good, that no
* private Perfon whatroever, were he never fij ' dear uato me, fhall be fo refpefled by me, by many ' Degrees, as the PublicGood,not only of the whole
* Com mon- Wealth, bu t even of any particuIarCor- ' porationrhal isa Memberof it : And I hope that ' ye, my Lords, will do me that Right to publifii ' to my People this my Heart and Purpofe.
* The fecond Reafon b, That I intend not to
* derogate or infringe any of the Liberties or Pri-
* vileges of this Houle, but rather to fortify and
* ftrengthen them. For never any King hath
* done fo much for the Nobility of EngUnd, as 1
* have done, and will ever be ready to do. And
* whatibever I fhall now fay or deliver unto you
* as my Thought, yet when I have faid what I
* think, 1 will afterwards freely leave the Judg-
* mcnt wholly to your Honfe. I know ye will
* do nothing, but what the like hath been done
* before : And I pray you he not jealous, that I
* will abridge you in any Thing that hath been
* ufcd. Fur whatfoever the Precedents in Times
* of good Government can warrant, 1 will allow.
* For I acknowledge this to be the fupreme Court ' of Jufticc, wherein I am ever prefent by Repre-
* ftnrauoa. And m this ye may be the better ^ latisfied by my own Pre:ence, coming divers
* Times amongll you : Neither can I give you ' any greater A/Turance, or beUcr Pledge of this
* my Purpole. then that I have done you the
* Honour to fet my only Son amon^ you; and ' hope that yc, with him, (hall have [l)e JVleans to
* make this the hi;ppieft Parliament that ever was
* in Evgland.
* This 1 profess, and take Comfort in, that the
* Houfe of Commons at ihls Time have (hewed
' greater
. 19 Jametl 1611.
378 The Parliamentary Histort
,' greater Love, and ufed me with more Rcipe^ in ' all iheir Proceedings, iben ever any Houfe of
* Commons have lieretofore Jone .to me, or (I ' think) 10 any of my PredecciTors. As for this
* Houfe of youra, I have always found it refpec- ' live to me ; and acccordinj^Iy do I, and ever did
* favour you as ye well dcfei'vcd* And I hope it
* will be accounted a Happinefs (or you, that my ' Son doth now fit amon^ft you, who, when it ' ihall pleafe God to let him in my Phce, will
* then remcmb-r that he was once a Mt-mber of ' your Houfe. and fo be bound to m.iintnin all
* your lawful Piivilcgi^s, and like the belter of you ' all the Days of his Life. But, becAufe the World
* at this Time talks lb much of Bribes, I have
* jjft C-iufe ro fear, the whole Body of this Houfe
* hath bribed him to be a good Inftrumcnt for you ' upiMi all Occafions : He doth fo good Offices In ' aii his Reports to nic, both for the Houfe in ge- ' ner:il,andeveryoneofyouinparticul.ir. And the ' like I may fiiyof one that fils there. (Buikifig- ' ham) He hath been fo ready upon all Occa- *â– fion,s to do good Offices, boih for the Houfe in ' general, and every MemHer thereof in pariitular. ' One Proof thereof, I hope my Lord of ArundiU
* hath already witiiefled unio you, in his Report
* made unto you of my Aniwer, touching the
* Prtvilejes of the Nobility, how carncftly he fpakc
* unto Me in thz: Matter (z).
* Now, my Lords, the Time draws near of
* yourRerefs: Whether Formality will leaveyou
* Time for proceeding now to Sentence againlV
* all, or any ihe Perfons now in Queftion, I know ' not. But Tor my Part, fince both Houf;.'S have
* dealt fo lovingly and freely with me, in giving
* me, as a free Gift, two SubfidJfsin a more loving
* Manner than haih been given to any King be- ' fore, and fo .icccplcd by me ; and fince I cannot
* yet retribute by a general Pardoi", which hath by
* Form ufu^tly been refcrvcd to 'the End of a Paz-
* liamcnt: The Icall I can do ^which I Ciin for-
' bear (k.) See bcfwc, p. 341.
J
0/ E N G L A N D. ^y^
* bear no longer) is to do fomethingin prcfent, for An..i9.j«moii.
* the Good and Eafe of my People. ifia*. ' Three Patents at this Time have been com-
* plained of, and thought great Grievances :
* I. That of the Inns and Hofteries.
* s. That of the Alehoufes.
* 3. That of Gold and Silver-Thread.
* My Purpofe is to ftrike them all dead, and
* (that Time may not be loft) I will have it done
* prefently,
' That concerning the Alehoufes, I would have ' to be left to the Managing of the Juftices of
* Peace, as before.
' That of Gold and Silver-Thread was moft
* vileiy executed, both for Wrongs done to Men's
* Perfons, asalfo for Abufe in the Stuff; for it was
* a Kind of falfe Coin. I have already freed the ' Perfons that were in Prifon : I will now alfo ' damn the Patetit: And this may feem inftead of
' a Pardon. All thefe three I will have recalled. ? by Proclamation, and wifh you to advife of the ' fitted Form for that Purpofe.
' I hear alio that there is another Bill amongft ' you againft Informers : Idefireyou, my Lords,. *
* that as ye tender my Honour, and the Good of ' my People, ye will put that BiH to an End
' fo foon as ye can ; and at your next Meeting to ' make it one of your firft Works. For I have already (liewcd my DIflike of that Kind of Peo- ple openly in Star-Chamber •, and it will be the greateft Eafe both to me, and all ihofe that are near about me at Court, that may be. For I remember, that fmce the Beginning of this Par- liament, Buckingham haih told me, he never found fuch Quiet and Reft, as in this Time of Parliament, from Projeftorsand Informers, who at other Times miferably vexed him at all Hours.
• And now I cpnfefs, tliat when I looked before upon the Face of the Government, I thought (as every Man would have done) that the People were never lb happy as in my Time* For even,
'as
jSo TbeTarHamentaryHiSTOKY
An.iS'J*'^'** as at divers Times I have looked upon many of
itoi. , jjjy Coppices, riding about them, and they ap-
â– ' pcared on the ouifide very thick, and well grown
* unto me : But when I entered into the Midft of
* them, I found them all bitten within, and full ' of PUin3 and baic Spois ; like 2a\ Apple or Pear,
* fair and fmooth without, but when ye cleave it
* afunder, ye find it rouen at the Heart : Even fo ' this Kingdom, the external Government being ' as good as ever it was, and I am fure as leirned
* Judges as ever it had (and I hope as honcft) ad-
* miniftring ]uftice within it ; and for Peace, both ' at Home and Abroad, I may trjiy fay, more
* fettled, and longer tailing, than ever any before, ' together with as great Plenty as ever: So as it ' was to be thought, that every ^an might fit in ' Safety wder his own Vine, and his own Fig-
* Tree: Yet I am afharacd, and it makes my
* Hair ftand uprioht, to confider, how in this
* Time my People have been vexed, and polled ' by the vi]e Execution of Projects, Patents, Bills ' of Conformity, and fuch likej which, befides ' the Trouble of my People, have more exhaulled
* their Purfes, than Subfidies would have done. * Now, my Lords, before I go hence, fince God
' hath made me the Great Judge of this Land
* under him : And that I muft anfwer for the
* Jufticc of the lame : I will therefore (according
* to my PUcc) remember you of fome Things, « though I would not teach you. For no Man's
* Knowledge can be lb good, but their Memories
* will be the belter to be refreflied. And now be- ' caufe ye are coming to give Judgment, all which
* moves from the King, that you may the better ' proceed, lake into your Care two Things: Firft,
* 10 do Bonumy Secondly, next to do it Bene, I
* call Bonum, when all is well proved, whereupon
* ye judge, for then ye build upon a fure Founda-
* tion : And by Btnl I underftand, that ye pro-
* ceed with all Formality aod Legality r Wherein
* you have lit Occ.ifion to adi lie with the Judges,
* w^JO are to alDtl you with tJieir Opinions in
* Cafes
Of ENGLAND. 381
* Gifcsof that Nature; and Woe be to tlicm, if An. 19. Jamah
* they adviie you not well. So the Ground t>eing "'ai,
* 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 recolleft that which is worthy of judging and ' cenfuring: And fecondly, to proceed againft
* thele, as againft fuch like Crimes property. We
* doubt there will be many Matters before you,
* fome complained of out of Paflion, and fome out ' of juft Caule of Grievance. Weigh both ; but
* be not carried away with the impertinent Dif-
* courfcs of them, that name as well innocent ' Men, as guilty. Let your Judgments only ' take hold of the Guilty : Proceed judicially, and
* fpare none where ye find juft Cafe 10 puniih: ' But let yoiir Proceedings be according to Law.
* And remember, that Laws have not ihcirEycs in
* their Necks, but in their Foreheads. For the
* moral Reafon of the Punifhmcnt of Vices, in ' ail Kmgdoms and Common- Wealths, is,becaufe
* of the Breach of Laws ftanding in Force \ for
* none can be puniflied for Breach of Laws by
* Predeftination, before ihcy be made.
* There is yet one Particular, which I am to ' remember you of. I Iiear that Sir Hitiry Yieher- ' ton (who IS now in tlie Towers upon a Sentence
* given in the S/flr-C/jum^fr agatnft him, for de-
* ceiving my Trurt) is touched concerning a War-
* rant dormant, which he nude while he waa
* my Attorney : The zvhiih my LgrdTrtaJurer(a)
* here^ tefufed to fet his Hand unto^ Hie an bcmji
* Man-t when it w/js brought unto him (i.) I protell, ' 1 never heard of this Warrant dormant before,
* and I hold ii asodifusa Matier, asany is before
* you: And if, for Refpe*lt to me, ye have for-
* born to meddle with hmi in Examination, be-
* caufe
{a) Hairy Meniata, Vircount Afaitrl/viSe. He had been be- fore Lord Chief Jutoce of E«ghnd, Src bh ftm»fk*b!« Speech
upon the Suvplr. AnH9if>Q\.t in Vu], IV. P. 448. The Duke of
Mancbtjfer is linolly dcfirendcd fiom thii Branch of the MatrlagH^z,
{i) Thii pAflaEc h omitted in Riip%Btrth,
552 fhe Tar/iawetttaty Histoky
SSTi^. Jameti.' caufc he is my Prifoncr ; I do now here freely '**»• ' remit him unto yoij,and put him imo your Hands. * Ani this is all 1 have to fay unto you, at this ' Time; wifliing you to proceed juftly and nobly, ^ according to the Orders of your Houfe: And 1 ' * pray God to bicfs you : And ye may alTure your- ' felvcj of my Afliftance ; wifliing that what I
* have fdid thi:i Day, amongft you, may be entered
* into the Records of this Houfe.'
Which gives gnat Sjtiuac- tion>
The King having ended his Speech, the Lords conceived fo much Joy thereat ; that they ordered the whole Houfe to go to him, at One in the Afternoon, with Iheirmoft humble Thanks for ir. The CoHcclion of Offences rind Abuics, com- mitted by Sir GiUs Alomp^Jfcti^ In the three Patents wiiich were gran'ed to him, bcina; all read : It was refolvcd by the whole Houfe, ' That ii did appear to the Lords, and they were fully iatisficd, Sir Gila 'Momptjjm had erc^ed a Court without Warrant ; and, alfo, that he unprifoned the King's Subjci^h and exafled Bon'is frt<m them by Threats, with- out Warrant ; and, afterwards, by undue Pradlices, procured a Proclamation And othi-r Warrants to co- lour fuch his Doinjrs. And yet \\\a\ he executed all iheic Ills, and tcia<:fl the Gtods of divers Pcrlbns, contrary to fuch Authority, !b unduly procured by him. That he neither paid the lol. refervcd Rent to (he King, nor brought in the 5O00L of Further Progr*^ Bullion yearly, as he pretended and covenanted to in tticT.iaiof have doHe. And that all his other Offences and ^^""K«Mam- Abufes had been fully proved ag;iinft him.' ^ ' ""* ' Hereupon it was agreed, ' TMt the Lords wcuW
give Sentence agp.inft Sir GUn MompeJJm^ in ihclr Robes, in the Afternoon. The Lord Admii-al-, Buckinghiwu dcfired to becxcufed if he fhould be abfcnt; but he gave his Aflent to their LorJfliips Ccnfufe of the faid Sir Giles-, afnrming. That he had highly abufed the King, and alfo bimfelf, more than nny other Lord of that Houle.'
Pojl Meridifm, The whole Houfe met again, in vhich were prefent the Prince of I^aifSj the two
Arch-
0/* E N G L A N D. 383
Archbifiiops, the Bifhop of Durham, anJ fifteen *"• '9- J*™"'* othei Bifliopa ; the Lord Chief JufliccZo', as Chan- ' **' cellor, with twcnty-thfec Earls and Vifcounts, and twenty Barons.
The Lords being in their Robes, in order to give Sentence ngainfl the Offender, it was much deba- ted firft, amongft them, what Piinifhment Sir G'j/t'i Mo7npe[Tan d^fcrved for hishigh Crimes : And, bccaulc ihc Pi.nilhmcni inflicted heretofore on £m- pjon and Dually w^s much fpoken of» the Lords defiled to hear their lndi£lmert8.
The Indi(itrnent of Richard Empfin^ taken at N^rthamptcn^ A \^ Hift. VIII. was reads by which it was obfcrvcd. That the faid Empfin was indiilcd for Trcalon againft the King. 'I he At- torney General alfo ccnified to ihcir Lordfhips, that Dudley was indii^tcd, in London^ for Trcafi>n.
But to the End that ihcfe Matters might be more freely diicufled. And what Punishment was fit to be infltfted on the Offender, the Houle adjourned ad lAbitum, the Lord Chief Juftice moving to his Place of Afliftance ; when, after a long Debate, the Lords agreed upon a Judgment againft Sir GiUs: f he Eari of ^^rawfiW obfcrving. That their Lordfliips might proceed againlt him hereafter, if more Matter, or Matter of a higher Nature, was found out.
AccDrdin?:iy a Meffjge wr-s fent from the Lords to the Commons, ' Ihat if ibev and their Speaker, according to the anliciu Cuftum of Parliaments, come to demand of the Lords, that Judgment be given againft Sir (jiki McfnpeJi<>Ht for the heinous Ofitmces by him commiitcd, thty fhall be heard- Alfo that the Loidideiirt: a Contcrcnte with ihtm, in the Painted Clximbi-r, lo-murrow Morning.'
Aniwcr rirtuni'd, ' Thit they would come lo demand Judgmcnl ; and th;tt ihcy agreed lo the Conference.'
In the mean Time the Lord Trcafurer reported, ' That, according to the Order of the Houle made this Morning, the Prince's Hijihncfs, accompanied with many Lords, did present unto his Majcfty moll
humble
384 The Parliamentary History
Ms. 19. JimMi. humble Thanks for his Majcfty's moll gracious
ifai. Speech to the Lords that Morning ; which Thanks,
with the Manner of prcfcniing the lame, was moll
The King** An- joyfully accepted by him, as heexpreflcd in many
Tblnki^oMhs Icind and favourable Words; adding, TAd/ /^ /.cr^j
Houreuf Lord}. W taken the right if^ay to catch a King, by Jpeak-
ing to him by his Son*
The Knights, Citizens, and Burgefles of the Houfe of Commons* with their Speaker, being come up to the Bar, the Speaker repeated the lall MelVage which the Lords had fent unto them, and laid, ' The Commons, by mc, their Speaker, demand Judgment againft Sir GiUi Mompejfont as the Heinoufnefs of his Offences doth require.* The Lord Cliief Juftice, as Speaker of the Houfe
Their J.aeincr>tO'"P<^''S, Snfwercd,
â– gaiiifV Sir GiUi Mr Speaker,
Mo»ni>e;i;.n. <i}}g i^g,^^ Spiritual aad Temporal have tahn
Kfiawled^e of the great Pains the Commons have been tit, ta inform their Lsrdjhips sf many Complaints brought unto them againft Sir Giles Mompetlbn, ami others ^ wbereof their Lcrdjhips rasived feveral Injlruclions from them ; aad^ thereupon, proceeding by Examination of divers Witneffes upon Oath, they find Sir Giles Wi.<^^^pt\\Ql^,andfe^eral ethers ^ guilty of many heinous Crimes agatnjl the King's Majefly^ andagainji the Common- IVealih.
Time will mt permit their Lordjhips to deal with aU the Ojlfenders now ; therefore they proceed to give Judgment againjl Sir Giles Mompefibn, according to your Demand', and, hereafter, their Loretfinps will proceed againft the other Offenders.
Ihi Judgment of the lords' againft the faid Sir • Giles MompeiTon «. A;.d,
The Lord( Spiritual and lempcral of this High Csurt of Parliament do award and adjudge,
I. That Sir Giles Mompcflbn fiuiH, from henst' forth, be degraded of the Order cf Knigmknod, with Jitftrvation to his /fife and Child' en; tie Certmo^ nies of Degradation to be performed by Direction of the Earl Marlhal'j Court^ whenfoever he /hall bt
taken.
2. 'that
ey E N G L A N b. 38J
. 2. That he Jhall ftandperpetualfy in the Degree aa, 19. jimML %f a Perfm outlawed for Mifdimeamn and Tref- i6»». paps.
3. 7hat bis Teftimaay be received in no Court j and that he Jhall beofm ^ffize, hqui/itianyor Jury.
4. 7%at be Jhall be excepted out of all general Pardons to be hereafter granted,
5. That he fiyall be imprifoned during Life.
6. That he Jhall not approach within twelve Miles of the Courts of the King or Prince, nor of the King's High Courts ufually holden at Wcftminfter.
7. Ihat the King's Majefiy Jhall have the Pre/its of his Lands for Ltfct and fhail have all his Goods and Chatels as forfeited ; and he Jball undergo Fine and Ranfom, which their Lord/hips afj'efs at 10,000 A
8. Ikat he Jhall be difabled to hid or receive any Office under the King, or for the Common- M^ealth.
9. Lafilyy That he be ever held an infamous Per-- fift.
March 27. Moved for by divers Lords, agreed on, and ordered, ' That in refpefl of his Majcfty'soiJeT for Oifer- molt gracious Speech, made licre on the 26th ofvation of the March^ the fame Day fhail be, yearly, a Sermon- *^^'' "^ ^*^'^ Day throughout all England, cJpecially ac IVeJi- minjler ; and :i!I the Lords then in Town 10 refort unto it/ Ordered further, and decreed, ' That in all future ParliamenLs, the Lords (ball fit In iheir Robes on the 26th of March, in petpetuam Ret Memoriam*
The Lord Admiral delivered his Majefty's hearty Thanks to the Lords of this Houfe, for iheir Sen- tence given Yeftcrday againVt Mompf^on, it beingj fo juft, and yet moi'eriiie, in refpeft of the Hei- notilnefs of the Oft'uncc. And faid, That ihe King, out of R^rd to his People, and Deteltation of the faid Crimes, is pleafcd, ex Jbuadante^ to inflift-ruc i^^^ ^^^^ perpetual QanlQiinent on the faid Msmpfffm, out to MempeObn'B of ail hi5 Majefty's Dominions (c). Seatwce.
Vol. V, B b The
(e) This l*roclimatton, tor SaniflinKftt, ^tcd March jo, it itf
An.i9>Iiineii. T]^e Commons be'mgrtziy m iht PtJtnted Cham-
' "' ber, for ihe Conference; before the Lords went to
them, the Lord Trealurer firft tciwned the Heads
of what he was to deliver, by DiretUon from the
Houfc.
* To make a ftiorl Recital of his Majefty's gra- cious Speech here Yeftcrday/
' His Majefty's good Allowance and Approbation of the Sentence given againft Mompeffon \ and that, out of his Grace and Favour to the People, he had added, to the Punifliment, perpetuai Banijhmeta*
' That the Lords of this Houfe Yefterday pre- fcnted, by the Prince, their humble Thanks unio his Majefty for his faid Speech to their Houfe j which was well accepted of.'
* To let them know that the Lords did confider of the Precedents for Empfin and Dudley, but found they did not concur wiih this Cafe of Mem- ptffh^ they being both indifted for Trcafon.'
The Conference being over, it was ordered, That the whole Proceedings apainft Mompejfon Jhould be drawn up by the King's Council^ perufed by a Com- mittee of Lords appointed for that Purpofe, and cnlcred in the Records of Parliament.
Then the I^rds fenc a Meffage to the Commons, to know if they had any other Bufmels for them,
nreat.^ement becaufe they did not intend to fit In the Afternoon ;
of L^rds aiid jf ,^^,t ,hat ihcy wtfhed them all Happinefs in their Departure and Return- Anjivsr^ * That the Houfe of Commons have rcce:ved the noble Mef- iage, fenr by their Lordfhips to them j for which they gave tliem mcft humble Thanks : That they alfo ceafe from BuHnef^ this Moming. They ac- knowledge thegre;ii ;md \fpo^ Refpcdt between the two Houfes, which h.ith bten more this Parliament than ever; and that ility, for their Parts, will en- deavour to continue if : And fo they wiih all Ho- nour and Profptriry to iheir LordOiips.*
It was alfo ordered, That each Earl and Vif- counL (hould pay 40 s. and each Bifliop and Riron ao 5. the Proxies to pay for the abfent Lords ; Which Money was 10 be dillribuied amongil fome
Gen-
I
I
0/ E N G L A N D. 387
Gentlemen employed by the Committee, in (carch- ^o* 19- J»moI» ing Records Tor Parliamentary Precedents ; which "'
were 10 be tranfcribcd m Parchment, and Tardy kept.
TTjree pariicular Commiitees of Lords appoint- ed to take Examinations in the Lord Chancellor's Caul'e, during the Reccft of Parliament. *
Boih HuLilbs adjourned thcmfclvcs to the lydi pi April next enluing.
It may be thought necefiary here %<» look into theobfetntiom on particular Writer of this Reign, and the other Hi- ^^^ foregoing itorians of the Times, for what they have leftJS^^c'ff^dil us, concerning ihc foregoing Proceedings ; by wliich we may judge how /Mr Aumnti tally with the Aufhor'uies of the Joumah. Thefe laft Au- thentic Tcftimonie5 fc^m to alTure us, that there was never yet a Parliament, where the King ar^ the two Houfcs were fo unanimous in correcting the Gtievancesof the People : The Houfe of Com- mons complained; the Lords judged and fentcnced the Maletadlors j and the King rooted out the VVecds that grew up in the Common- Wealth, in which they weie (hrowded. And yet Mr pyUfin^ in his Life of this King, infinuates ftrongly (i), ' That James was not only the principal Agent, and the Source from whence rhcfe obnoxious Patents took Root, but had himfelf a great Share in the fcandalous Profit colledted by them, He tells us, ' That ihc King hearing theie Patents were ana- tomized m the Houfe of Commons ; and, willing to comply with his People, whom he found fo bountiful unto him, he came to the Houfe of Lords to clofe, gently, wirh ihem, and excufe the granting of thole Patents; (hewing fome Reafons why he granted them, and the Inftrudtions he gave tor the Execution of them ; by which he hoped to take off that Ourp RelletSion that might otherwife f.ill upon him. But the Modcfty of Parliaments feldom imputes any of thefe Mifcaniages to the B b 1 Prince
(d) f^it/m u JtVimer, p. 734.
388 TbeTarliamentafy llisro%r
Aa. 19. jameiL Princc ; but the A&OTS under him muft bear the ibii. Burden of it.*
From the King, this Author defcehds to his Chief Minifter, the Marquis of Buckingham ; be tells U89 * That the Parliament looked upon him as the firft Mover of this great Machine : But the Wifdoni of the Houfe did not fuffer them to rife fo high as to ftrike at the uppermoft Branches ; tbey only prun'd thofe, roundly, within their Reach : That all the World knew Mmtpejfon was his Crea- ture ; and that, notwithftanding the King's Pro- clamation, he gpt out of England by his Key/ How far this laft Charge may be true we know not ; nothing appearing againft Buckingham^ in the Journalsy relating to this Matter ; tho% indeed, Mr. Camhden fays, * That the Marquis did for- fake Mcmpejfon, at this Time, on whom he moft relied (/).•
Mr. Rufimiorthy in his Hijlorical CoUeSisns of this Reign, informs us, (/) ' That this Parliament befides petitioning the King to put the Laws in Ex- ecution againft Jefuirs, Seminary Priefts, and Pd- pifh Recufants, (of which, by the Bye, there is not one Word in the Journal of this SefHon) took in hand to redrefs the People's Grievances by ille- gal Patents and Projects : The Chief of which wis that of Inns and A!e-houfes ; whereby large Fines and an annual Revenue were colle^ed thro' the Kingdom : That the Commons, at a Conferetice with the Lords, offered to prove, That the Pi- tents of Gold and Silver-Thread ; of Inns and Ale-houfes ; of Power to compound for obfolete Laws; of the Price of Horfe-Meal, Siarch,,Cord8, Tobacco- Pipes, Salt, Train-Oil, and the reft, %rore all illegal. But, adds this Author, They touched not upon the King's Prerogative ; for, in reftoring the Subjects Liberty, they were careful to preferve
the King's Honour.' Much more modeftlyex-
prefled than by his Cotemporary, Mr SVilJbn,
Both thefe Writers do alfo give fome Account of the Complaint from the Commons, and the Pro- ceedings tt) Ctmhdtif't Aanalt in KtHiut^ p, 6 jfi. (f) V«l. I. p. a4.
J
Of EN GLAND. 383^
ceedings upon it, iti the Upper Houfe, againft theAii,i9.j«iaaI» Lord Chancellor Bacm, There is likewOe, feem- i6»i ingly, the whole Trial of this unfortunate great Man, printed and publifbed in the compleat Col- lefiion of Statt trials (g). But how ihortall thefe Accounts are, when conu)ared with what we have ^ven from the Lord's Jmirnals, will appear, in ibme Meafure, from what has preceededi but much more in what is to follow.
Jpril 17, The Time of the Accels of Parlia- ment being come, the Houfe of Lords met i when the firft Thing that was done there, was, to read, a iecond Time, a Bill againft certain troublefome Pcrfons, commonly called Relators, Informers, and Promoters; and it was committed.
When this was over, the Lord Chamberlain ac- quainted the Houfe. *- That, in the Interim of the Cei&tion, the Lord Chancellor had been an humble Suitor to his Majefty, that he might fee and fpeak . with him. And altho' his Majefty, in Refpe^ to Further Proceed* tbe Lord Chancellor's Perfon, and of the Place l»^i^J^ hdd, might have granted his Lordfliip that Favour i" **" ^"^ * yet, for that his Lordfhip was under the Trial of ' this Houfe, his Majefty would not, on the fudden, coro^ with his Requeft."
* Tiiat on Sunday laft tbe King called all the Lords of this Houfe, which were of his Privy Coun- cjli before him; and demanded their LordChips Advice what was belt to be done in that Affair. The Lords did not prefume to advife his Majefty, becaufe he bimfeif did, fuddenly, propound fuch a Cpurfe, as the World could not advife a better ; which was, to fpeak with the Chancellor privately.'
' That Yefterday his Majefty admitted the Lord
Chancellor to his Prefence. His Lordfliip defired
that he mi^t have a Particular of thofe Matters,
wherewith he was charged before the Lords of this
B b 3 Houfe:
(g) Iht I*n>c«ediiigi againft Francit Lord Bacor^ Lord Ckancel-. lor, for Bribery and CotniDtion, in the State Iriali, is no others t)iui a fusanury ExtraA frcmtYie yeurna/s, relating to that Mat- ter | tQ^ wts printed, in ■Sixpenny Pamphlet, about the Tiaw tS t)u ktc W oi MtctUsfitld't Trial.
3po TheTarlmminfary HiSTOftT
itn M.Jamnl.^^"'^' ^°^ '* ^^^ '^^^ poflible for him, who paf- ' liii. ' fed fo many Ordcfs and Decrees in a Year, to re- member all Things which fell out in them \ and thar, this being granted, his Lordfhip would make two Requefts to his Mijefty/
< Ftrjiy That when his Anfwcrs fliould he fair and clear to ihofe Things objefled a^inft him, his Lordfhip might ftand upon his Innoccncy. * Next, That where hi$Anlwers(hould notbefo fair anti clear, then his Lordfhip might be admitted tb an Extenuation of the Charge : And where the Proofs were full and undeniable, his Lordihip wcjld ingenuoufly confefs them, and put himfclf upon the Mercy of the Lords.'
Urto all which his Majefty anfwcrcd, * That he would refer him to the Lords cf this Hrufp ; and therefore his M,ijcfly dcfircd that he, the Lord Chamberlain, would make Report thereof to them.* It . was thereupon ordered, Thar the Lord Treaiurer fhould acquaint his Majefty with iheir thankful Acknowledgment for this his Favour, and that they held themielves highly bound to his Ma- jefly for il-
Seventeen more Witncfles fwom in the Caufe agamft the Lord Chancellor \ and it was agreed. That the Lords of t! e Conimittecs fhould prepare an Examinatbn for him.
The Lord Adrtiiml, ButitHgham^ in a Speech' made to (he Lords ihs Hny, proierted ro ihem, ' That whereas it was the Opfnion of the World he And Sir Edwird ^'^'^ ^^^^ ^^" BroLhcr, Sir Edward yiJh'irs, abroad, yiliiofc in the King's Scfvice, on purpole to avoid his Trial,
touching f6me Grievances complained of by the* Commons : His Loidftiij} was io hf from it, that he hadjVni to haften his coming home; and if any T hing blame- worthy could be objeftcd againft him, his Lordfliip was as ready to cenuire htm as he w:« Ahmpcjjhn^ He dcfired that the Conlidcration of his Brother's Affair might be expedited i for, al- tho' he was a Member of the Lower Houfe, his l-ordlhip adviied him not to go there liJI he had^
Vlcare41
0/ E N G L A N D. ^^i
cltued himTelf here. Laji^, His Lordihip requeft- Am 19. Jamn I, ed» that the faid Sir Edward Villiers might come '^''* to his Accufation, for fo he Ihould gain the greater Honour i his Lord(hip not doubting but tihat he could well clear himfelf from it.'
On this feverallx^rds flood up, and declared their Opinion, * That Sir Edward yiUiers might go to the Lower Houfe : That the faid Sir Edward is only named obiter, or, according to the i^'^fi^Phrafe,M paffant^ in the Accufation againft Mompejjm and others } but, as yet, he was not accufed of any par- ticular Offence by him committed.'
The Sergeant at Arms, attending the Houfe, hy Warrant, was ordered to go to the Fleer, and brmg Matthiai Fowtis to the Bar by Nine the next Mom- iog. Alfo, That the Lord Chief Juftice fliould e^nt a fpecJal Warrant to the Lieutenant of the Tower, to bring Sir Henry Ythfrton (h) and Sir f^dneis Mitcbtl before their Lordfhips at the fame Time.
J^l iB. The Lord Treafurer acquainted tht^ • Houfe, That, by their Lordflups Appointment^ he had prefented to his Majefty their humble Thanks, for his gracious Refpe£^ fhewn to that Houfe in the Meflage touching the Lord ChaDcd* lor. I'bat his Majefty anfwered, ' Their good Ac-^ ceptation of it was as pleaiing to him, as his Mef- fage could be to the Lords.' And faid further, * That in this Accefs of Parliament, tho' it was no new Seflion, yet his Majefty had Occafion to &y fbmewhat to the Lords ; and therefore his Plea-!- fure was, that the whole Houfe fhould wait upon him, at H^iuball, on Friday next, in the Afternoon.' The Lord Chamberlam fignified, That Order$ ' were given, by his Majefty, for the Lower Hoiife to attend there alfo.
The Houfe adjourned themfcWes'into a Com- mittee, to debate and fettle in what Manner to proceed againft Sir Henry Teherton 5 and, being a- greed, the Chief Juftice refumed his Place. Sir
, Hmy
(i) TlMa AttofO^ Gepenl to the KioB< .
Aa. ij. JaiBw I. ^^fi^ was then brought to the Bar ; where, kneel-
j6»i. ing tilJ he was bid to rife, the Chief Juftice read
the Charge againft him ; unto which Sir Henry
made the following particular Anfwers.
Articlei of the Charge I. * That he committed divers Perfons
si'"Hen^^y3- ^^^ rcfufing to enter into Bonds lo reftrain their
vettoa with his OWH Tradc^ ts'r. before he had any Authority to
Attfwtr. require any fuch Bonds.'
Refionfi. ' He confeflcd that be committed di- vers to Prifon, and juftificd the lame. That he committed none to reftrain them of their Trades, but for thrii Siubbornpfs in not obeying the King's Commands } which he did to advance the lawful Profit of his Matter i and that he had Authority to do it.'
II. ♦ That he firft finned and direfted the War- rants, dormant, having no Authority for the fame, and ycironraining njaiiy unwarranuble Cbufes.'
Rffp. * He drew one, and firft iigned it ; but no CUufc unwart.mtablc was in that, and he juftl- ficd it : For the othen, he neither denieth nor ton- feiTeth j he rcmemb^is not whelber he drew iheia or no.*
ni. * That he advifcd the Patent of Gold and Silver-Thread to be refumcd into the King's Hands, conceiving the fame lo be a Monopoly ; and ad- vifcd the Patentees to proceed by Contrift with the King.'
Refp. * He advifed not this alone ; he was the weakcrt amongit many that advifcd the Contrat^t j he denied thai he conceived it to be a Monopoly, and doubts not but to prove it to be no Monopoly ; he denied that he contefled any fuch Thing to the Commons; he denied his Advice to the Contra^ to colour a Monopoly ; he did it in Duty to (he King.'
IV. He procured a ProcUmation to take Bonds, and (igTicd a Docquet, fhcwing his adviling wiih the Recorder of Lmdan and the City thereupon ; Whereas the Recorder was not acquainted with it.'
Rtjp. He utterly denied he made any fuch Ooc- oueti h^ ^}^ £ga one, and he did acquaint the
Lord
0/ E N G L A N D. 395
Lord Chancellor and Recorder of Lendsn with it, Afl.19. jameii. and defired the Recorder to acquaint the City ; but j62i. denied that the Dccquet is that he had acquainted the City with.'
V. That 3fOi ^6 JVarranto'Sy to the Vexation of the People, were brought by him, loucliing the Patent of Inns, and but two came lo Trial.*
Rtjp- * He csrnor particularly anfwer thb: If it appear upon Record that there be fo many figned by him, he ccnfcfles it ; but, til! then, he humbly defirca to be retained in their Lordfljips Favour. Adding, That if ever he deferved well of his Ma- jcfty it was in this ; that the King and Subject were more abufed by that Patent than by any other; and, as he takes it, he fuffers, at this Day, for that Patent.'
Vf. That he commenced divers Suits in the Kx- chequer, touching Gold and Silver-Thread 5 but did not profecute the fame.'
Rtfp. • It may be he did.'
Thefe Anfwers and Confefiions being read, the faid Sir Hittry Yelvertsn having Leave to fpeak, faid,
* That he thought himfelf happy in thefe Mifts Hij Defence. of his Majclly*s Disfavour, that he was pleafcd to call that Grace upon him, as to fend him to this Honourable Houfe: That Innocency had her pre- fcnt Anlwer ; Wilijom required Time. There- fore he made his moll humble Suit 10 have a Parti- cular of his Charge in Writing, and Time to an- fwer the fame ; that he might have Leave to re- pair 10 his Chambers, at Gray'i Inn^ and to his Houfe, to fearch his Papers; for that the Matters, objcdlcd againft him, did look into his Adtions for four, five, and ieven Years of his ferving his Ma- jefly.'
Sir Henry being withdrawn, and the Houfe ha- ving taken this intoConfideration, he was brought to the Bar again ; when the Chief Jufticc told him, that he fliould have a Copy of the Charge ob]e£led againft him ; and Leave, under the Lieu- tenant's Charge, to go to his Houfe and Chambers to view his Papers ; and to have Time, until &a- \ twrMyt
3P4 7ieTar/iam^?/tary'RisroKY
Afl. 19. Jimei I. turday come Sc*nnigbt, to make his further Anfwer ; ' "' which was more than his own Requeft, And an Order of the Houfe was made for ic accordingly.
■J^ii 19. Some Debate arofe about the Incon- veniences and Exceptions ariling from the Infor- mer's Bill. Afterwards the Earls of ArundeU, Hun- tingMn and Southampton, the Chiefs of the three Coinmittees ^ppoinicd to enquire into the Lord Chancellor's Affair, delivered in their feveral In- formations and Exajminations taken in it. Many of thefe were read» feveral original Letters produ- ced, and other Evidences, too long and loo con- fufcd forourlnfertion; but are what took up moll or all of the Bulioefs of this Day. Adjourned to the 24tb.
April 24. The Lords met in their Robes, ex- petting the Coming of the King, who foon after appeared in Stale ; and, being feaied on the Throne, made a Speech to them to this Kffeft:
He firft made a ihort Repetition of the Speech, ufed by him, to the Lords and Commons on their Accefi unto him, on /^n'rfjy laft, v/c. * That, ' at that Time, he made a Recantation unto them ' of his former Determmation not to ufe any
* Speeches unto them, but thofeufual at the Begin-
* ning or Ending of a Parliament. But ibat the
* Houfe of Commons did behave fo worthily un-
* to him, that he was refolved to fpeak ofrner un-
* ro them, hereafter, as Occafion {hall require.
* His Majcfty did put them in Mind of theOcca-
* fions of calling this Parliament, which were ihefe: ' To relieve his Wants, he having received no
* Subfidie! thefe many Years ; and ior Relief of
* the torn Eilatc of Chriflend^m.
• To make good Laws.
^ To hear and redrefs Grievances, which cannot ^ Come to a King's Ear better thun by Failiament-
* For the firft. His Majefty lold them that he had more Caute to give hisSubjefts Thanks, foi the two Subfidies granted to him this Pailiaraent,
tThe Kifif's [S|>rech to the I |<urds.
' iha^ any King c%cr had^ both, for
that the fame
0/ E N G L A N D, 395
*- fame was granted in the Beginning of the Par- An. ig. i«a
* liamcnt, and for the Title ot the Grant. ' i6»i. ' Thai his Majelly bad taken up, upon Truft
â– .before-hand, the Sums granted him by the faid
* Sui>/i4Ui ; as well for the Defence of the Palati-
* note, as fur the Maintenance of his Son-in-Law
* and bis Daughter, and their Children, and of
* the Dowager alfo j who are all expelled out of « their Country, as alfo, for Preparation of Arms
* /or Recovery thereof.
* That his Majefty had procured a fhort Truce f and did hope to get a general Peace, and thereby
* 10 fettle them in their Country again ; but was ' to be at great Charges to fend EmbalTadors, all
* over Chrifietidom^ for the effefting thereof; and
* if this Peace could not be obtained, then his
* Majefty would fend his Armies to recover the
* iame. ' The great Charges of either of thelis
* could not be fuppHed, but by more Subfidies.
' And, whereas fomeiay Subfidies may begran-
* ted at the next Seflion ; left, when the fame
* are given, his Majefly might diflblve the Parli-
* ament with this Scffion, within which Time the
* important Buftnefs now intended cannot be fini-
* Ihed : His Majefty protefted bciore God, that
* whether there be any more Subfidies granted, or
* not, he intends not to diflblve tliis Parliament,
* cill the Matters in Agitation be finifhed.
* As 10 the Making of good Laws, his Majefty,
* at hts tirrt Coniing to the Crown, commanded a
* Colle<ition to be made of all Penal Statutes,
* which Books he heard were now finilhed, and
* he was glad of it. The faid Penal Laws, fomc ' intricate, fome obfolete, being the Groundwork *- of all Informers i and, amongft other good Laws ' 10 be marie, his Majefty, efpecialiy, rccom- ' mendtd aRcfomnaiiDn of Abufes by Informers»
* and that they be pumfhed.
* As to Comphinis of Gr-evances, hisMajeAy
* commended thofe for public Grievances ; pro-
* tefting, that he would prefer no Perfon, wbat- f focveTy before the public Good.
35)6 IheTarliamentaryliisroKY
&.'x9.7ima I, His Majefty was alfo plcafcd ' To put the Lord* »6ii. « in Mind of their antient Orders of this Houfe, " ' in hearing Complaints, in the Examinations of
* them, and their Manner to give Judgment there-
* upon. Hut advifed them, the Time being pre- ' cious, to entertain nothing which was not ma-
* terialand weighty/ He was plcafed to fay, fur- ther, ' That he was now come to fpcak fomcwhat
* partitular unto the Lords of this Hcufe in regard
* to himfeif 1 and told tbem. That, as all Libels
* againft himlclf arc generally punifhcd, fo a Libel ' againft his Majefty, in open Parliament, mull
* not efcape.
' And whereas many Complaints are already ' made againft Courts of Judicature, which are in ' Examination, and are to be proceeded on by the
* Lords, his Majefty would add fome, which he'
* thinks fit alfo to be complained of and rcdrefled ;
* which are. That no Ordcis be made but In pub- ' lie Courts and not in Chambers; That exceflive
* Fees be taken away : That no Bribery, nor Mo- '
* rey, be given for the hearing of any Caufe. ' ' Thefe and many other Thingis his Majel^y
* thought fit to be done th'w Sefiiun ; «nd added, ' That when he had done this ^nd all that he can
* do for the Good of his SxiSjcfts, he confcffcci be
* had but done the Duty wliereunto he was born. *â– That Sir Hmry Teh/rJauy being the other Day
* at the Bar, did infer, Thai; :^!l the Puniflimcht
* upon him was for his good Service done to his ' Majefty.
' The King faid. That it fcemcd ftr^nge to him, ' that Sir Henry fhould be examined upon any ' Thing, fave the Patent of Gold and Silver-
* Thread ; ior his Majefty did not conceive that ' any Matter was complained of againft h:m rela-
* ling to Inns and Hofterics, whereof he was here,
* alfo, examinetf. That, as to this Patent, Afem-
* pefon made Complaint lo his Majefty, that Sir ' Affry rcfufed to lend any Proccfs of ^o War- « rtf«/5 againft a Multitude of Innkeepers; and his
* Majefty accepted of Sir Htnry'^ modcft Anfwer
' to
\
0/ E N G L A N D. 35*7
to this, That he miflikcd thefe Proceedings ^^^, j,,^^ againft his Subjcds. But, afterwards, his Ma- i6ii. jelly undciftood, That ^5ff;^£/5« agreeing that Sir liffiry Itelvertan fhould receive the Fees due unto him for the faid Proceft, Sir Hinry yielded ihereunio, and Mompijfon made no more Com- plaints thereof.
* His Majefty, to clear htmfelf, did lay (^en to the Lords the many former juft Diflikes, which he had againftihisOlTendcr, Sir Hmry^ before he queftioncd him; and faid the Htil ^liilike he found in him was, That his Majefty referring a Pardon of petty 'J'heft, to be confidered of by him and the then Solicitor; he alone, took it in- to his Confideration, and figned a Pardon for Murder alfo.
* That Sir Henry pafled at one Time four Pa- tents for his Majefty to grant, which the Lord Chancellor flayed at the Seal, the fame being found to be very inconvenient. Hereupon his Majefty intended to have remov'd him, but, by Way of Prefermenl j and finding, at that lime, a Judge's Place void, he thought to have beftow- ed that upon him. But, becaufe, he had not any Precedent that the King's Aucrney General was ever removed to any other Place than that of a Chief Judge, his Majefty did then forbear, cx- petUng fomc other Place for him.
* That his Majefty bearing of the Charter of the City of iWoff, Uiely renewed, containing many new excellive Grants i ahho' Sir Henry then exceeded his Majefty's Warrant, yet, his Majefty was pleafcd, at the firft, to tell him gently and puvately of it; when the laid Sir
' Henry^ with many Deprecations, denied abfo- lutely, chat any new Liberties were contained iii ' the faid Grant; and deliTcd to kifs his Majefty's • Hand on that Condition, which he did. After- ' wards, wher: his Majefty intended to queltion ' the faid Sir Hevry for the fame, the Lord Admi- ' ral befought his Majefty not to think of any pri- ^ vaie Wrongs done to his Lordlliip, in the Exa-
' minatiOD
3 p8 The TarllameHtary Hi s to r v
Aa.t9. jtmni, ' mination of this Bufinefs, touching the Charter i6ai. * of London. That Sir Henry^ at the firft, jufti-
* ficd himfclf by his Majefty's Warrant, that by
* it he mlj^ht have given away all Londtn from
* him ; yet, at !aft, he made a good Submiffion,
* in the Beginning ; but, in the End, be laid, he ' had not wronged his Majcfty's Prerogative.
• His Majefty (hewed how gentle the Proceed-
* ings were againft Sir Henry, by him and the
* Lords in the Star^Cbambcr. But fmce that now ' he taxes his Majefty that he luffers for good Ser-
* vice done to him, his Majefty requires the Lords,
* who are able to do him Juftice, to punifh the
* iaid Sir Hfnry Yeh/ertm for his Slander.*
When his Majefty had ended his Speech, and wa« departed from the Houfe, the Lords received a Mef- f;ige from rhc Commons, accompanied with fix Bills of a pub'ic Nature and one private Bill. But, as an Abftra^t of the moft particular Ads, which were palled this Parliament, will fall better at the Time when the Royal Aflent was given to them, we (hall poftpone them to that Period.
The MefTagc which was delivered at the (ame
Time, was to this Effeft : FiriV,
CamjiUintaFiiijii * That the Commons dclire a Re-Conference
Srr jobnBcnnct>on the Bill againft Informers. Next, That they
mdlr/b^'iiic ^^^ received Complainrs of divers exorbitant Op-
SoimoniWr'^ prcflions find Bribery, committed by Sir J9hn Ben-
Biibcry, *c. fitly Knt. latc a Member of their Houfe {'/), but now
expelled by them for the fame ; that they defire a
Conference alfo about him.' Agreed to be at four
this Afternoon, in the Painted Chamber. It was
ordered, by general Con fen t of the whole Houfe,
* That his Royal Highnefs the Prince (hould be one of all Committees, if his Highnefe fo pleafe to ht*
Pe/1 Meridiem, His Royal Highnefs fignlfied to The Lords, That the Lord Chmcellor had fent a Submijficn unto their I.ordfhtps, whiclf was prefeutly read, in hae Verba.
T#
(i) Mom^ for Jiiffent ia Yiri^m
O/ E N G L A N D. sp$
To the Right Honourable the Lords of ihe Par-Ao,T9. jameiTtT liamem in the Upper Houfe affcmbled. *^*^'
The Humble Submission and Supplication of the Lord Chancellor.
May it plcafc your Lordfhips,
/Shall humbly crave at your Hands a benign In- s«Liilion°tJ urpretatim of that wbiih I /hall raw ivrite: the Urrfn For IVorJs that come from wajied Spirits, and cp- preffed Mindi-t are tmre fafe in being depofited to a noble Conjlruiiian, than being cinled with any re- fervsd Caution.
This being mated [and^ as I hape^ obtained of your Lordjhips) as a Preteiiion to all that Ijhallfay^ IJhail go en; but with a veryjlrange Entrance, as may feem to yeur Lordjhips ^ atfirji: For, in the mid/l of a State of as great j^i^ion as, I thini, a mortal Man can endure ; (Honour being above Life) SJball begin with the profejfsng tf Gladnefs in fome Ihingu
The firji is, 7bat hereafter thf Greatnefs of a fudge^ or MagiJ}rate,Jhall be no San^uary or Pro- te£i'ion to him aga'infi Guiltinefs, which is the Begirt' ning of a golden JVork.
The next^ Th^jt after this Example, it is like that fudges will fly from any Thing in the Lilenefs of Cotrupion (though it were at a great Diflance) as from a Serpent ; which tends to tl)e purging of the 'Courts of Juflice, and reducing them to their true Honour and Splendour. Jnd in thefe tivo Points^ (God is my IP^itnefs) though it he mi Fortune to be the Jnvil upon which thefe two Efeili are broken and wrought^ 1 take nofmall Comfort. But to pafs jrom the Motions of my Heart {whereof God is my fudge) to the Merits of my Caufe, ivhfeof your LsrdjUps are Judges, under God and his Lieutenant \ I do underfiand there hath been h/retofsre expe^eJ from mefime fufUfication ; anitherefore / have chafen eneonly fujlijieation., injlend of ail othersy cut of the fufiificGtionof Jdb, For after the clear SubmiJ[:on tmd CiTfejfion which IJlntHnow make ufitoyour Lord-
Jbipi,
am i9- Jamet t6it.
The Tarliamcntafy HistoRy
^Jhipiy I hepe I may fay ^ ^f<i j^ifitfy ^it^ Job, in theft IVordi^ I have not hid my Sin, as did Adatn^ nor concealed my Faults in my Bofom. Ibh is thg ffrfy J ujiifi cation whiib IwiUufe,
It rijli thtreftre^ that without Fig-leaves I do inge- nuoufly confefi and acinswUdge^ that hiwing undfr^ JJeaathf Particulars efthe Charge, mt formally from the Htuftj but enough to inform my Confcience arid Memory: I find Mmtr ftfffident and full, both to psrje me to defer t my Defence., and to mffveymr Lord- fhipi to eonilcmn and cenfure me. l^nther will I trouble your Lsrdjhips by fmgling thsfe Particulars . which 1 think might foil off'. Quid le exempta ju- vat Spinis de millibus Una ? Neither will I prompt your Lcrd/f/ipi to ebfetve upsn the Proofs where they come net hornet or the Scruple tcucbing the Credits of the Witneffes. Neiifjer will I teprelent tcyour Lord- jh'piy IxiW far a Defence mighty in divers 7kings, extenuate the Ofence^ in refpsSl af the Time and Manner of the Guilty or the like Cireumjlancei ; bu t only leave thefe Things tofpriug out of yew own more noble Thoughts and Ob/ervations cf the Evidence^ and Examinations thewfelves ; and charitabfy to wind about the Particulars cf the Charge, here and there^ ai Ccdfoailput into ymr Mindiy and to jubmit myfilf wholly to your Pset) and Grace.
And mw I have fpoken to your Lerdjlnps as Jstd- gesj Ifhallfay a few fi-'ords unto ycu as Peers and rrelafeSf humb^ commrnding my Caufe to your noble Minds and mognanimous Affeciims.
Your L'^rdfhips are not Jin^ly Judges^ but Parli- amentary JtidgeSi you have a farther Extent cf Ar- bitrary Poiver than other Courts ^ andif ysu be not tied by ordinary Cmrje ofCouns^ or Precedents^ in Piinis of Striilne/i and Severity, much kfs in Psinti of Mercy and Mitigation : And yet if any "Jhingy iihich I ffidll m&ue^ might he wttrary t$ your honourable and worthy £nd, (tl?e introducing a Re^
farmation) Ifhou/d ni^ feek it. Bu: herein I btfeccb xsur d^erd/bifis to give me Iccivs to tell you a Stiry,
Tilus Manliiis tosi his Sons Life^ forgiving Bat' f'f agmnjl the Prsbibitisn of his Central : Nit many
Tiars
0/" fe N G
401
^ars a/leh, the like Severily waspurfued by Papfrius An. igJtiheJI Curfor, tht DUlator^ cga}nji Quintus Maidmua; '**' 'iuh& being upon the Point to bt/entenced^ ivas, by the Intirttjfton of fome particular Perjbnt sfth Si/ialty fitared: Ivhereupon Livy maketh this grave and gradcui Obfeivaticri, Nequc rninus firmaia eft Difciplinamilitaris Vcc'kmXo ^lititi Mcximi^ quani mifcrabili Supplrcio Titi Marilii. The DifcipUne tf iVarwas no lej, ejiahhihed by the ^ajiieni?}^ o/Quin- tus Maximus, than by the Punijhment of Tilus Manlius. And the lame Reafon is in the Reformalisn if Jupice ; far the ^ueftienitig cf Men jn ertiinent Places, hath the fame "Terror j though not the fame Rigour y with the Punijhment. But my Caufe fays not there 'y for my humble Defireii^ That his Afajejly would take the Seal into his Hands ; which is a great Dmjnfalli and niayferve^ Ihcpe, in it ftlf far an Expiation of my Faults.
Therefere^ if Mercy and Mltigattm be in your Lordjhsps Poxver-t and no Waycrojsymr Ends, wh^ Jhould J not hope cfyour Favour and Commife ration f Tour LerdJ}}ips will be pleafed to behold your chief Pa t-^ ternj the King cur Svvereigfi, a Rng of incomparable Clemency y and whofe Heart is infcrutahk for IVif dom and Goodnejs 'j and your Lerdjbips ivill remem- ier^ there fit nst^ thefc Hundred Tears before, a Prince in your Hsufe ', and never fuch a Pnnee^ wheji Prcfence dcferveth to be made memorable by Records, end Mis mix'd of Mercy and ^ijiice. Yeurfehes are either hob'es, (and Companion ever beateth in the Veinssf noble Bkod,) or Reverend Prelates, who are theServanis of him that wauld nol break ilic bruifcd Recd,norqucnch the fmoaking Flax. Tou all fit upon a high Stage, and iheref ft cannot but be finfible of the Changes (j bumnn Cmditims^ and of the Fall of many from high Places.
Neither will your Lcrdjkaps forget, that there an Viiia Tcmporis, as well as Vnia Hominis ; and the Beg nrdng of Reformation hath the contrary Poiver to the PcshfBeihcQii for that had Strength to ture him only that wasfrJUafi in^ and this bath Strength
Veil. V. G c ti
An, 19. ]tmet I. '^ *"''' *''"* ^"^ ^'^''' is/r/? io/i in ; and, far my Party 1611. / u'.yA i/ may Jiay thtie^ snd go m farther.
Laftly, Iqjfure my felf pur Lord/hipi have c no- bli Fieling of ffre, as a Metnber of your own Body ; and one thai , in this very Seftm^ hadfime Tajie of your loving /fjpjfions, whiih^ I hope, wai not a Light- nitig before the Death of them, but rather a Spark of that (jraee^ which now in the Condufion vjill more appear: And therefore n^ humble Suit to your Lord" 1 Jbipsis, That my penitent Submiffim may be my SeH' fl tenee ; theLofs of my Seal my Punijhment ; and that " your Lord/hips would recommend me to his Majefiy's Grace and Pardon for all that is paft, God's Holy Spirit be among you.
April 22a '^^"^ Lordfhrps
1621. S Humble Servant,
and Suppliant,
Fran. St. Alban, Cane
This SubmifRon beinp; read by the Clerk, and af- r^Twards repeated by the Lord Chief Jufticc, the Houfe adjourned, ad L'bitum^ for the better deba- ting. Whether the faid Submiflion was a fufficient Contcffion for the Lords to ground their Ccnfurc on? Their Lordihips being all agreed. That the Lord Chancellor's SubraiffiGn was not fatisfaflory, for that his Confeffion therein was not fully nor particularly fct down ; but did, in fomc Sort, ex- tenuate it, and fecincd to prefcribc the Sentence to be given againil him by the Houfe : It was refol- ved. That the Lord Chancellor ihould be char- ged with the Briberies and Corruptions complained of againft him, and that he fliould make a particu- lar An Twer iheicunio. But, whether the Chan- cellor fliould be brought to the Bar to hear the Charge ; or, that Relpcit being had to his Perfon, as having yet the King's Great Seal, the Charge fhall be fent to him in VVritini;; was much deba- ted. And, being put to the (^icflioii, it was car- ried for the laucr.
It
I
Cf E N G L A N D. 403
It was then ordered. That Mr. Karon De»bam^'^'9'J**>^a7t and Mr. Attorney General (I) ihould be lent lo the '^"' Chancellor with this MefTage, * That his Confcffi- wbicK the Lord* on was not fully let down in ihe laid Submiflion, "'°^*"^ '" ''= forihreeCaufes/ unf.t«f«aorr.
* I. His Lordlhip confefieth not any particular Bribe nor Corruption. '
* 2. Nor ihewcih how his Lordfliip heard of the Charge thereof.'
' 3. The Confeflion, fuch as it is, is afterwards extenuated in the Ciid Submiflion ; and therefore the Lords have fent him a Particular of the Charge, and do cxpeft his Anfwer with all convenient Ex- pedition.'
Corruptions tharged on the Lord Chancellor, wUb the Proofs thereof,
I. TN the Caufe between Sir Rowland Bgtrtefit^'^''-^-'^'^^ â– ''" ^^^ i Knt. and Edward Egertou, Efq; the Lord ^^ '^'"^ Chancellor received 500.I. on thePartof Siri2(7w- hndt before he decreed the fame. Proved by the J.)epofiuon of Sir Rowland EgertoH^ and John Broody who provided the Money, and payed it to the Chancellor's Agent. BevU Ihelwell dcpofcs be delivered 200 !. to the Lord Chancellor he re- ceived from Edward Egertcn^ in the fame Caufc. And 400 1. more. Proved by the Depofitlorw of Sir Richard Yeujig and Sir George Hajiings, Ralph MerefiU^ and TrijUam Ifocdzvard,
U. In the Caufe between Hady and Hffrfy, he received a Dozen of Buttons of the Value of 50 1. a Forthright after the Caufe was ended. Proved by the Depofiuons of Sir Ihmas Peritnt and Jshn Churehilli who f[)eaks of greater Value by the Rt* port of Hedy,
III. In the Caufe between the Lady Wharton and the Coheirs of Sir Francis 1ViU9ughh> he re- ceived of the Lady 3 10 1. Proved by the Depofitions of the Lady If^karton, Richard Kieling^ and Jn*- ihohy Gardner.
C c 2 IV.
[k) Sit fUmit Cn^tnt^t fo appointed op?ji the Reawvil of SK
4^4 7ie*!ParHamentaryitisrcii.f
An. i9.jaoiai. ^V. In Sir Thomas A^tti' sCmSsfhc received of
i6xt, SvTbomashy the H^oda of $ii Henry Holmes^ lOoL
but this was nine Months after the Suit was ended*
Proved by the Depofition of Sir Henry Hthmt*
V. In the Caufe between SiiJobM Trezwr and jffiue, he receiv'd of the faid Sir jobs lOo 1. Pro- ved by the Depofition of Richard KeeBitg,
VI. In the Caufe between Hthnan and Teang^ he received of Young loo L after the Decree made for him. Proved by the aforelaid Richard KteHng,
VII. Id the Caufe between Fijber and fPr-abam, after the Decree was paft, be received of fffitr a Suit of Hangings worth 1 60 1. and better ; which Fi^er gave by Advice of Mr. Duie, Proved by the Depofition of Sir Edward Fijher.
VIII. In one Kinnedaf^ Caufe he had ofhim a rich Cabinet worth 800 1. Proved by the Depofir tion of James Kenneday,
IX. He borrowed of one VaUre loaol, upon his own Bond, at one Time ; and the like Sum at another Time, on his own Note, indorfed by Huntt his Servant. Proved by the Depofition of Pttir Vahre.
X. He received from "Richard Scot 200 1, after his Caufe was ended, but upon a precedent Pro- mife ; likewife, he had in the fame Caufe zoo I, for Sir John Lenthal*i Part. Proved by the Depo- fitions of Richard Scot and Edward Sherborne,
XI. In a Caufe between ff^rofh and Sir Artbnr Manwaringy he had of the former lOO 1, Proved by John Churchill and John Hunt.
XII. Sir Ralph Hansbyj having a Caufe depend* ing before the Chancellor, he had of him 500 L Proved by the Depolitions of *•••**
XIII. JViUiam Csunton had an Extent granted him for a Debt of 1200 I. the Lord Chancellor ftayed it and wTole his Letter ; on whicli Part of the Debt was paid prefently, and Part at a future Day. The Lord Chancellor hereupon fends 10 borrow 500 ]. and, bccaufe Countm was to pay 10 <me Huxley 400 \. his LorJfhip required Huxky to forbear it for fix Months, and thereupon obtains tbc
Of ENGLAND, 405
Money from Ccuntm. The Money beingunpaid,Suit An, ig. >m«i« grows between Huxley and Cmntofty in Chancery ; '***• where his Lordfhip decreed Counton to pay Huxley the Debt, with Damages and Colls, when ihe Mo- ney was in his own Hands. Proved by the Depo- fuion of Ifllliam CiUfiton.
XIV. In the Caufe between Sir If^'iSkm Brunhr and Aubreyy the Chancellor received from Aubrey , 100 I. Proved by ihe Depofitions of ChriJIopher Aubrey^ Sir Cearge Hu/iings^ and the Leltera from Aubrey to the Lord Chancellor.
XV. In Lord A/i^ritagu's Caufc, he received from thai Lord 6 or 700 1, and more was to be paid at llie End of ihc Caufe. Proved by Bevis ThelwelL
XVI. In Mr. Dunib's Caufe he received from him 200 1. Proved by Tbeiwell,
XVII. In a Caufe betv?cen Reyntl^nA Pearoii, the Lord Chancellor received from Reynel 200 1. and a Diamond Ring worili 5 or 600 1. Proved by the Depofilions of John Hunt and Sir Jekn R/ynei He took of Peaatk alfo lool. and bor- rowed locol. without Security, Intereft, or Time of Repayment. Proved by tviiiidm Peacock and Jarrui Rolfe.
XVIII. In the Caufe between SmithwUi and Tfycbe, he received from the former 200 1. which was repaid. Proved by Jcbn Hunt,
XIX. In Sir Henry Rujin Caufe, he received Money from bim ; but it is not certain how much. Proved by Hunt.
XX. In the Caufe of Mr. Barkery the Chan- cellor received of the faid Barker 700 !. Proved by the Depofitions of Robert Barker and Edward Sker borne,
XXI. There being a Reference from his Ma- jcfty 10 his Lordfhip, for a Bufinefs between the Grocers and Apothecaries ot London, he received of the Giocers 200 1. Proved by the Depofnions of ii'iT Thomas Middktan^ Alderman Johtfonj and John Banbury, And he received, in the fame Caufe of the Apothecaries, who oppofcd the Gro- cers, a Tdikr of Gold worth +0 or 50 1, toge-
C c 3 ibcr
40i5 The TarUamentaryKisr ov^r
Aa.19.JamMi.tber with a Prefcnt of Ambergrcafc. Provied by
J§««. Sir Thomas MiddkUn and Samuel Jms, AUo, of
the new Company of Apothecaries, in the iams
Caufe icol. Proved by John KeRgt and Gabriel
Sherife,
XXII. He took of the French Merchants lOooK to cpnftrain the VintnetB of Londtn to take from them 1500 Tuns of Wine. Proved by the De- pofiUons of Robert Belly PfilUam Sprigbt, and Ri» (hard Peaceei* To accotnplifli this Bufinefs be ufed very indirect Means, by Colour of his Ofiice and Authority, without Bill or Suit depending ; terri- fying the Vintners by Threats and Imprironoienti of tiieir Perfons, to buy Wines, for which they had no Ufe nor Need, at higher Rates than they were at that Time vendible. Proved by the Depofi- tions of John Child, Henry AJhtoiiy Thomas Hef' /ei/oofe, Ralph Moor, Thomas Knight, and Ae
Qiancellor's own Letters and Orders.
XXIII. The Lord Chancellor hath alfo given way to great Exactions by his Se,rvants, both in re- fpedt of private Seals, and Ilkewife for fealiiigof Injunctions, with other Things. PrOTcd by fts^ ffias Manwosd and Richard Keeling,
Poji Meridiem^ Mr Baron Denbam and the Attorney General reported. That they did Ye- fterday, according to the Direflion of the Hou&t deliver unto the Lord Chancellor, the Charge of his Corruptions, i^c. in Writing, and required hii Lordfhip's Anfwer ; who faid he would return pne as foon as pofHble.
The Lord Chief Juftice received a Letter from the Lord Chancellor, direfted to Sir James Ley, Knight, Lord Chief Juftice of the King's Bench^ and lupplying the Place of Lord Chancellor by Commiffion ; wliich Letter the Lords would take no Notice of, becaufe it was direfled to the Lord Chief Juftice, and not 10 tlie Houfe. < It was moved by the Lord Sauthamptoriy * That
The Lord Chancellor's Anfwer was not faii^fa^ry tp ihtrir l:\ft Mefi'^ge ; but that he Jhould be requi- red
red to anrwerdirefUy from hisown Mouth/ Upon An. 19. JmmiI, this a long Debate arofe* Whether he fliould be i^ai, brought to the Bar or no ? At laft another Mef- fagewasagrccdupon tobereDttothisE9e(^, ' Thar their Lordfhips, having received a doubtful Aniwer to the Meiiagc they font to him Yefterday, ihey now fend again toJMm 10 know of him, ^'^^^^Y nc la n ' edt and prcfcnilv, whether he willraakehis Confeffi-pive'aSSAo! on, or ftand upon his Defence ?* fwcr,
jfrj/wer. * That the Lord Chancellor will make no Manner of Defence to the Charge, but mcan- cLh 10 acknowJcdge Coinipiion ; to make a parti- cular Confeflion to every Point ; and, after that, an humble Submiflion: But he humbly craves Li- berty, that where the Charge is more full than he finds the Truth of the Fadt, he m;iy make Decla- ration of the real Truth in fuch Particulars, the Charge being brief, and not containing all Circum- ftances.* The Lords allowed him Time, to jfprii the jcth, to fend fuch Confeflion and Submiflion as he intended to make.
The Lord Treafurer reported what occurred at the Conference, Yefterday, with the Commons, touching the Affair of Sir John Bennet ; the Effeft thereof was, ' That the faid Sir John Bennet^ '^"^•Proceedmnln Judge of the Prerogative Court of Canterbury^ be- the oft «f sir ing djreded by Law, both what to do, and whatJ"*^ Bcimrt. Fees to take, did, contrary to Law, exai^l great and extream Fees, with much Bribery. Some Complaints againft him were opened, with a Re- ,
quell from the Commons that they might fend up more hereafter, if any came before them.'
A Petition from Sir John Betin^t to the Lords was read, humbly flKwiiig, ' That he was kept a clofe Prifoner, under the Cullody of the SheriiF of Uiidsny in his own Houfc, and humbly delirlng to )iave the Liberty of that, upon good Security.*
Upon a Motion made to the Lords, how far cha Petitioner iliould have this Liberty g,r.mted him, it was at U\\ agrfc.l and ordpted, ' That whereas Sir Jehu Bennett Knight, had prefenied a Petition, fel- ling forth that he was kept a clofe Prifoner, ^c
their
4o8 7ie*ParHamentdryV.isnfovir
'tei9>JiftKtft.^^icir liordfliips would penn it him the Liberty of ifoi. his own Houie, upon this Security, To give into this Court the Names of fuch fufficient Peiibns as will be Bail for his forthcoming ; who fhatl be * bound in the full Sum of 40,000 1. or elfe he {hall be committed to the Tower, and have the Liberty thereof/
jfyril 26. Some Bills were read, and one Breach of Privilege complained of ; after which the Col- leftion of Offences committed by Sir Francis A£if thei, Copanner with Matnpejo/t^ i*ith the Prooft thereof, was read, viz. pharge agiinft I. < That he received an Annuity of looh ptr ciSr"*^**'^' ^Jir«aw, to be continued for five Years, for exe- ^ ' ■curing the Commiflion, touching Gold and Silver-
Thread. Proved by the Deed of the Grant there- of from Ruhard Vjhi and S\x 'Nicholas Salttr^ Knt, to him the faid MitchelU dated M<^ 27. A, 17. Jae,
II. * He and I^nry Tweedy took upon them the Execution of the firft Commiffion, touching Gold and Silver-Thread, and therein exceeded and abu» fed their Power, by committing divers to Prifon bafore Conviftion, and by committing others for refufing to enter into Bonds required by them, and not warranted by the faid Commiffion. Proved by theDepolitions of feveral Perfons, committed for re-
- fiifing tobe bound from following their free Trades.*
III. * That there being a fecond Commifiiona touching Gold and Silver-Thread, granted, he a- lone committed divers to Prifon^ the Authority te* ing given to two.'
IV. « That he erected an Office, kept a Court* made OiHcers and divers unwarrantable Orders, and exacted Bonds for the pbfervance of the fatae. Proved by his Bool;s of Orders, and the Bonds themfelves, fcf^.*
V. « That in a Suit between Fmlki and Lake^ in the Star-Cbam^er, he look of the latter three Broad-Pieces to compound the fame. Proved bv lah/ -
Sir Francis Mitchell being called to the Bari was ^arged with the iaid Ofeocesi and he j^ade bis
Aft--
.- ©/ rE N G L A N D. 40^
v-Anfwers untoihem panicularly. Some he denied, ^^,5, j^jj^^ and others coDfefl'ed ; and then having Leave to i6ii. Tpeak for himfelf, he made a Difcourfe, ' Com- mending the firft CommiiTion of Gold and Silver- " ^*^^' Thread I and thai he mifliked the fecond Com- miflion, and would not have medled with it, if he could have avoided it : But Mmpejfm told him, . weekly, that he had a Command from the King f'todo thus and thus> and whaccouldhedotowiih- ftand Momptjfon ?' And then he was withdrawn.
Po/i Meridiem. Matthias Fewlis was brought to the Bar, and charged with many heinous Offences, in ihc Patent of Gold and Silver-Thread, is'c. by falie-dying and counterfeiting the fame; which, having anfwered to, he was ordered again to the Bar the nexl Morning.
Jpril 27. The Cliarge againft Ftwlis continued, and his Defence ; which look up the whole Fore- noon, Afterwards the Lords agreed to meet in their Robes, and give Sentence againfl Sir Frands »■J^tcbeil^ in the Afternoon j and FffwHi was ordered to attend alfo.
Poii Meridiem. Some Debate arofc in the Houfe, Whether Sir Framii Alitchell fhould be examined again, 3$ to fome Points, before Sentence I It was agreed he fhould. And, after fome Queftions about other Matters, he was particularly examined about Sir Edward niliers, Buciingham'% Brother % who h named alfo by the Commons in their De- claration. He faid,
' That he was told, by Hcarfay, Sir Edward yHUen was with Sir Henry Tehertatiy about this Bufinefs of the Patent of Gold and Silver-Thread ; but knows not for certain of any Thing which Sir Edward faid, or that Sir Henry wrote any Letters to the Lord Chancellor, about the Commitment of any Otrcnders againft that Patent. He faid that Sir Hinry yeherhn committed three Or four Silk- Men, as he hath heard ; but he knows not whether Sir Edward Ftlliers was prefent at the Commitment pf the Silk-Men, or whether %\x Edward A\A threa- Ipq ihefe Silk-Men ; bitt adds, be baih heard that
the
ton*
I
4ro TheTarltamcHtary^HisroKr
Jlfl:s^;;uh«l. the faid Sir Edward was accufed Of it; but he ■j6»i. knows not by whom/
April 28. After Ibmc Bills were read, and fotne other Bufincfs of Icfs Moment done, the Lieute- ni^nt of iht Tcwtr was called on 10 bring in the Body of Sir I^nry tehtrton, according loan Or- Peiition of sir (jcr of thc Houfc the 18th inft. The Lieutenant Henry Ydircx- g^ciifrd his not bringing the Piifoner, beciufe he | was fo troubled with the Rheum and Toothach he 1 was not able to f[>ealc. The Officer was fworn to ' this J and beftdes it w.is ordered. That the Earl-i of | Darfit and iVarxv'uk, tl»e Biihop of Bavg^r^ the Lord's Ihinfden^ WaUin^ and Grey fiiould be fent to the T&arr to view ihe Perfon of thc faid Sir Henry Yeherhn^ and examine the Truth of the Kxcule delivered by ihc Lieutenant.
In regard that his Majefty, in a !atc Speech in this Hrufe, had faid, * Thar the Objethons of
* ihc Writs of ^a IVarrantOy in t!ie Bufmefs of ' the \un% againft Sir Henry Vehertsn^ was lome-
* ^vhat ftrange unto him/ it was moved in the Houfe, That the Lords fhoLi!d endeavour to give his Majefty Salisfaflion of the Reafons ihereof. A Coirmittcc was therefore appointed to wait on his Majeih', at fuch Time as he fhould be plealied to admit ihcm to his Preience; and to Inform him. That the fame was particularly objeded againft Sir Henryy in the DeclaTstion of the Complaint of the Lower Houfe to their LordDiip*; and to (hew his Majefty the Numbcrofihem that were moieft- ed rhercby, utidcr the Hands of thc Officers of thc Crown-Office; and how few werclegally proceeded agamft.
April 30. The Earl of Darjet, from the Com- mittee appointed to go to inlpcftSir Henry Teher-^ ton ar the tnvtr^ reported, •■That they found him in his Bed, much fwoln about ihc Face with the Rheum: That his Anfwer Is ready -, and that ho hopes to Ivc able, in two or three Days, to make his Appe:'.rtnce at the Bar.'
The Lord Chief Juftice acqunintcd thc Lords, ;^,4i he ha^I leccivcd horn thc Lord Chancellor, a
pjper-i
0/ E N G L A N D. 4M
Paper-Roll, fcalcdup; which being opened, wzs Aa. tg. Jtami found to be direfled to their Lordfhips, and was «**«• read.
To the Rt, Hon. the Lords Spiritual and Temporal in the High Court of Parliaraent alfembled.
The CoKFEssioN and Hombi-e Submission of mc the Lord Chancellor.
T TPcn adv'sfed Conftderation of the Charge, defcend- The LotJ ch»o- *^ i^g into my o'wn Confdenci, and ialling my Me- '^'I'f" Danm'« mary lo accsunt ai far as I am abh\ I da pkhily and S^Slh^'** hgenumfly cmfefs^ that 1 am guilty of CerruptiontKaa. avd ds renounce all Defence^ <.nd put myfef on the Grace and Mercy of ymr Zordjbipi.
the Particufari 1 ccnfefi and declare to be as foU ~
lows :
In this Confcflion the Chancellor repeats every particular Head of the Charge againft him ; but as that haih been given at large in the foregoing Pages, it is needlefs to jnlcrt ii again here. We fliall therefore only give his Anfwera to each Article, as Ihey are put down in ihc Charge feriaiifn,
I. * To the iirft Anicle he confelTed, That His Arfwcn u upon a Rcfcrejice from his Majefty, of all Suits "^^ ^^^"^ between Sir Rowland Egerton and Edward Eger- '"«"• ton^ both Parues fubmittcd to his Award, by re- ciprocal Recognizarccs in J0,ooo Marks a Piece: That after dircrs Hearings, he made his Award with the Advice of Lord Hobart ; and, fome Days after, ihe Sums mentioned in the Charge were de- livered to him from Sir Rowland. That, Mr. Ed* ward Egertsn flying off from the Award, a Suit was begun in Chancery by Sir Rowland Egerton^ to have the Award confirmed ; and a Decree was made thereupon. That loon after his Coming to the Sea!, when many prefented him, he received rhe 400 1. mentioned in this Article, of Mr. Eger- ton ;. but| as he lemcmbred, it was for Favours p^ft/
41 2 The Tarlsamentary History
An. 19. junai. ^I- * That in the Caufc between Hady and IMy^ 1611.' about a Forthnight after the Caufe was ended, there were Gold- Buttons, about the Value of 50 1, ptefcnted him.*
III. * That in the Caufe between the Lady TP^arUfij^nd the CohMsof Six Frant is ff^ikughby^ he received of the Ladv fVhartm 200 1. in Gold, and,atanotherTime, anlmndrcdPieces, while the Caufc was depending.'
!V. ' Thai he received of Sir Thomas Mmk one hundred Pieces i but it was long after his Suit was ended*
V. ' That he received of Sir John Trevfir, as aNew-Year's-Gift, 100 I. but he cotifefled it was while his Caufe was depending/
VI. * In the Caufe between Wman and Toung^ be received of Tcung an 100 1. but it was long af- ter his Caufe was ended.*
VH. ' That while the Caufe was depending be- tween Fsjher and IVrenbam (ox If^raynbam) he did receive of Sir Edward Fijher a Suit of Hangings of the Value of about 160 I. towards furniftjing his Houfc ; and was at the fnme Time prefenied by others, who were no Suitors, with Furniture for hi> Houfc.*
VIII. * Aa to the Charge of his receiving a Ca- binet, of the Value of 800 1, of Sir John Kenns^ ^ay\ a Cabinet was indeed fent to his Houfc by Sir Jobrit but not of half that Value j but he re- fufed to accept it, and was delermined to fend it back again : That one Pinkney, who flood enga- ged for the Money to pay for the Cabinet, deftred le might have it ; and thereupon Sir John entreated
his Lordfhip, that he would not difgrace him by returning the Gift, much lefs put it into a wrong Hand j and that he was ready to return it to whom their Lorilfhips flioulJ appoint-'
IX. * He confelled he had borrowed locjol. of Valsrg i but looked upon it as a Debt, and was obliged to repay ir.*
X. • He acknowledged his receiving 2 00 1. of Mf. S(atj about a Forthnight after the Decree paf-
fcl
ftd for him: And that he rcctived loo I. nf SirAn.ig.Jimwi. yeh/i Lettthallt about a Mcnih after the Decree '^'* pa fled.'
XI. i That the Caufebetween^rw^ and iWrfff- waring was ended by his Arbitrement. by Confent of Parties, and be received of Mr. (Protb loo 1. about a Month after the Caufe was ended,*
XII. * That he received of Sir Ralph Bcmhf^ while his Caufe was depending, 500 1.'
XIII. ' Thai he did borrow the 500 I, men* tioned in this Article, of Cmnton ; but looked upon it as a Debt which he was obliged to repay.'
XIV. * In the Caufebetwcen Sir lyiU'sam Broun- /^r and Aubrey^ he did acknowledge his receiving tool, of Jubrty'
XV. * He confeffed he received Money of the Lord MintagUy while his Suit was depending, to the Amount of 6, or 700 l'
XVI. * He confcflcd his receiving 2C0 I. of Mr. Dumb \ but thought it was ibme Time after the- Decree.'
XVII. • He confefTcd his receiving 2O0I. of Sir Gesrgi R/yneHt his near Relation, at his firft Coming to the Seal, to be beflow'd in Furniture ; but thinks this was before any Suit b^n : And as to the Diamond-Ring he received of him while his Caule was depending, charged to be worth 5, or 600 1. it was not of near that Value j though, he confcfled, it was too much for a New-Year's- Gift: He alfo ConfeCtrd his receiving of 100 I. of Mr. Ptaco(ky at his Coming to the Seal, as a Pre- sent, and thai he afterwards borrowed 1000 I. of him at twice ; for which, he faid, he would take no Security or Intereft, and gave him his own Time for repaying it.'
XVIII. > He confefTed his Servant Hunt did receive 200 I. of Smitbiv'uk; but tliat he ordered it to be repaid.'
XIX. ' That he did receive of Sir HentyRujrtl 3, or 400 1. about a Month after the Caufe was decreed ; in which Decree he was aflifted by two «f the Judges.*
XX-
414 T&fTarliamefttaryUtsroKr
Aiu»9.J»»bL XX. * Hrconfeflcd he received of Mr. Barhf-*
»6ai. the 700 1. mentioned in tins Article, Tome Timoi
after the Decree paficJ.'
XXL * As to tins Article, be confeflcd he re- ceived the Sums there meniioned, wz. of iheGro*-,] cers, 200 1. of the Apothecaries, that flood with the Grocers, a Tafter of Gold, worth 40 or 50 1.. and a Pfpfent of Ambcrgreafc j and of a new Conv pany of Apothecaiies, that ftood againft the Gro- cers, 100 I. But this was no judicial Bufinefs, he obferved, only a Compofiiion between the Parties j and he thought, as they all received Benefit by it,, and were all three common Purles, there was no great Matter in receiving what they voluntarily prcfenled.'
XXII. • To this ArXicle, in which he is char- ged with taking of the French Merchants 1000 I, to conftrain the Company of Vintners to take 1500 Tons of their Wine, with ihrcatning and imprifoning (he Vintners becaufe they would not lake their Wines at higher Prices than they were Vendible, he confelfed, Sir Tbsmas Smith did deal with him in behalf of the French Company, in- forming himj That the Vintners, by Combina- tion, refuied to take the Wines at any reafonable Prices, and that this would deftroy ihcir Trade, which the State was concerned in; and that the Company would gr-itity him with 1000 1, for the Trouble he fhould take in it. He did, he confef- fcd, thereupon endeavour tocompromifc Matters between ihem, and prevent a Suit, propounding fuch a Price as the Vintners might gain 6 1. a Ton j and the King afterw^irds recommending the Bufi- nclii to him, as a Matter that concerned his Cuf- .j toms, he dealt the more peremptorily in it, and did, for a Dav or iwoj reftrain Ibme of tbofc that were ihemoi^ ftiif, in a Mefl*enger's Hands) and aiierwards the Merchants pieTented him with a 1 000 1.
XXin. » To this Arricle, That he- had given way to ihc Exaftions of his Servants, in refpeft of private Seals, and InjuniUoni, h« cc&fciled it to,.
U
0/ E N G L A N D. 415
be a great Fault, that he had looked no better to An. 19 J'nwii* his Servants.' i6si.
He then conchides thus :
7his Deekration I have made unto ymr Liriijhips with a fuune Mtnd, hurrtbh craving-, that if thfe JhuU be any mijhling., your Lordjhlps would htf pute it to ivant of Mctnery-, and nst la any Defire of mine to ohjcure Truths tr palliate any Thing: Far I do cmfefit that in the Paints thirged agtUH/i tncy, altko^ they Jbaufd be taken as myfelf have declared them, there is a great deal ef Corruption and Ne- gltCf ; for which I am heartily and penitently firry^ and fubmit myfelf to the Judgment., Grocer and Mercy ef this Court. For Extenuations I will ufe none concerning the Matters themfehes ; only it may pkafe your Lordjhips., out of your NoblenejSy to caft your Eyes of Compaffien upon my Perfin and Efiate. I never was noted jor an avaritisus Man, and the Jpo/ile fays^ that Covctoufncfs is the Root of all Evil 1 hope aifo that ymr Lordfnips do rather find me in the State of Grace ; for that in all thtfc Par- itmlars, there are fev) cr none that are not almejf two Tears old ; whereas thofe that have a Habit of Corruption, do cemm'^nly wax worfe and worfs j f9 that It hath plea fed Ged to prepare me, by precedent Degrees of Amtndment, to my prefent Penitcncy ; and-, as for my Efiatt, it is fi mean and poor, as my Care is now chiepy to fatisfy my Debts.
And fi, fearing I have troubled your tsrdjh'p< too long, I Jhall conclude with an humble Suit unto yottr Lard/hips, That, if ym pncesd to fintence, ymr Sentence may mt be heax)y to my Ruin \ but gracious and mixed xvith Mercy ; and not only Jo, but that you would be noble Intercfffars for me to hit Majejiy likewife for his Grace and Favour, Vour LorJfhips
Humble Servant an<l Supplbnt, Fran. St Alsan, Cane.
This Cbnfeflion and Submtflion being read, a Committee of twelve Lords were appoinicd To go to the Cbancelk)^ aod Ihew him the iM ConteU
iioti,
41^
fion. and tell him
'arhament^ry HisTORt
Lords
;do '
It to
An. w TimesI "'^*'» """ '■^" ""*' ^"^^ ""^ uuiuswu conceive ; i6ai. be an ingenuous and full Confcflion. To demand of him alfo, Whciher it be his own Hand that is fubfcribed to the fame, and whcUier he will ftand to it or no ?
The Committee being returned, reported. That they had ihewn the Chancclloc the Confeffion, and delivered the reft of the Mellage to him ; who an- fwercd, MyLerJs, It is my ASI^ my Haiid-, and^ hy H'art, 2 beftech your Lordflrpi to he merciful ts a broken Reed, Which Report being made, it was agreed by the Houfe to move his Majefty to fequeffer th« Seals, and to intrcat his Highnc/s, the Prince, that he would be pleafed to do this i which his Highnefs readily condefccnded to ; and the for- mer Committee of Lords were appointed to at- tend him. Jpril 30. psji Meridiem, His Royal Highnefr TSf Great Seal made a Report to the Hourc, * That, according uken from him. [q their Requcfts, he, with the Lords that accom- panied him, had moved his Majefty to fequefter the Great Seal from the Lord Chancellor; whereunto his Majefty moft willingly yielded, and faid he v'ould have done it, if he had not been moved tlierelc* rorihw ProcwJ- ^''' ^^^fy y^^verton was then brought to the injs ^Bainii sii Bat J whcn the Lord Steward inform'd the Houfe, BtnryYdveicon. TXxzi his Majefty is fatisiied concerning the char- ging Sir H>nry^ m this Houfe, with the Matter of Inns and Hofterics, Then the Chief Juftice read ibe Chaise, which was made againft him on the 1 8th of Jprii, with his Anfwers thereto, and de- manded of him. Whether he now would affirm thoie Anfwers? Unto which he replied, ' That the fix Charges againft him may be reduced iolo two, the one of Gold and Silver-Thread, the 0- thcr of Inns and Hofterics. He humbly dtfired, therefojc, that he might then anfwer to every paf' ticuiar Ciurge, in Jerie Tempsrii.
AJ,:y a. A new Commiffion from the JCing <i'as
rc>id, conftituting Sir Jatiui Ley^ Knight, Lord
. O.icf fullicc of the Ring's Bench, to fupply ilw
Of*
L
0/ E N G L A N D. 417
OfHce of a Lord Chancellor, or Lord Keeper of^ii.ig. jiTOti. The Grwt Seal, in the Houfc of Lords. x6ai.
Afterwards the Lord Treafurer acquainted the Houfe, * Th:u he had his Majelly's Commands to deliver a Meffige to their Lordfhips of a double Nature J firft", an Account of what was done s add, fecondly, a Slgnificaiion of what was to be done.
As to the lirft, his Higbnefs had prefcnted their LordOiips Requtft to his Majelly, that he would be plealed, as the Cafe then flood, to command the Seal from the Lord Chancellor.
Accordingly, Yefterday, his Lordfhip, the Lard Steward, the Lord Chamberlain, and the Earl of Arundel^ at the King's Command, went to ibe Lord Chancellor, and received from him the Great Seal, and deliver'd the lame to his Majefty ; whoj by Commiflion, hath appointed the keeping of it to him and the other Lords with him.
To The fccond, hia Majefty hath commanded him lo fignify to their Lordfhips, ' That he ua-
* derllandsSir Henry Yekjerton^ being called here be- ' fore them the other Day, as a Delinquent, an-
* fwered not as fuch, but as a Judge or Accufcr
* of a Member of this Houfe, the Lord of Butk*
* ingham. And whereas, in his iirft Speech, here
* in this Houfe, be touched the King's Honour ;
* faying, He fuffered for the Patents of Inns, or ' 10 thai Effeft, he was fo far from extenuating ' or cxciifing the OfTLiice, that the laft Day he
* had aggravated the fame/
* Wherefore his Majefty's Pleafurc is, that Him-
* felf will be the Judge as to what concerns his
* own Perfon ; and, as to what relates to the 'Lord of Buckingham^ fmce he had bcfought his
* Majerty ih;u it might be left to this Houfe, fo he ' Icavei it wholly to their Lordfhips.*
This Moifve being delivered, the Lords found by it, ih it I he King intended lo lake the Judgment ofS-r Henry llfhirton oMXoi i\\^\ Hands, as touch- ing his own Honour; his Majefty having been mirmformcd, that the Lords had referred it back lo him: Wherefore a Motion was made, Thai ihe
Vol. V. D d Houfe
4i8 ThTarliamcntary History
j^_ j^_j,g^i^Houfc fhould be humble Suitors to his Majefty* 'ihat he would be pleafcd not lo refume this out of their Hands, but give their Lord(hips Leave tocon- tinue Judges thereof. After fome Debate, it was reiolved, That a Committee of the whole Houfe fliould attend his Majcfty, at his Pleafure ; and that the Archbifliop of Canterbury, in the Name of the whole Houli;, Ihould deliver the following Mcflage to him.
* Whereas It has pleafed your Majefty, in a late Speech to this Houle, to require us to do Juftice upon Sir Henry TehertDtt^ in a Matter concerning your own Honour j fmce which Time fome Words have been ufed in this Houfe, which your Majefty conceives do rather aggravate than extenuate his I'jult : Whereupon your Majefty did this Day fig- nify by the Lord Trcafurer, Thai cf what temerns year own Moncury ycurfitfwmU be the Jidge : The Lords knowing your Majefty's Tcndcrnefs of the Privil^es of this Houfe, and their own Zeal unto your Majefty's Honour, do humbly beCcech your Majefty to alter your Refolution i otherwifc, ihis Change may (Irike fome Kear into us, tliat we are not held fo tender and xealous, in our dutiful Af- fciilions, in point of your Majefty's Honour, as we dclire you fhould thriik us lo be, and aremoft ready to yield due Proofs tlicrcof.*
Agreed to proceed to fcntence the Lord Chan- cellor ']"o morrow Morning; therefore the Gen- tleman-Ufher, and the Serjeant at Arms, Attend- ants of this Houfe, were commanded lo fnmmon him CO appear at the Bar by Nine o'Ciock, and that the Serjeant fhew him the Mace at the faid Summons.
M'ly 3. The LorJ Chamberlain reported to the Houfe, That h;5 Majefty bad ordered him (o ac- quaint ihem, Thiit be was pleafed a Coaimittec of this Houle fiioulJ have Acccis to him. on the Ba- finels of Sir Henry Yehtrtan^ on Sufiiidy next. May 6. at Four in the Af:cfnoon.
The Officcis fent to fumm^in ihe Lord ChanceK lor being returned, reported 10 the Houfc> Thati
I
I
Of ENGLAND. 415*
according to their Lordfliips Appointment, theyA^.i^. janwi, hid wailed on him, but found him iick in Bed: 1611. That, notwilhftanding, they delivered their Lord- ftiip'j MefTigc to him ; who anfwered, ' That he was fick> and proiefted he feigned not this for an ExruCe ; for, if he had been well, he would wil- lingly have come.*
The Lords refolved, however, to proceed againft the Lord Chancellor ; and, the Attorney General having read the Charge and ConfcfJions, it was put to the Queftion* ' Whether the Lord Cliancellor was guiliy of the Matters wherewith he was char- ged?' Agreed, Nemimdiffenthnte^ * That he was guilty.' Andto the end that the Lords might more freely difputc and refolve what Sentence to pafs upon him for his /aidOffence5, the Houfe adjourn- ed ad hbiium.
After fome Time, the Lord Chief Juftice being returned to his Place, put another Quelliot],
' Whether the Lord Vifcount St. Alhan^ Lord Chantrcllor, iliall be fufpended of all his Titles of Nobility, during his Life, or no ? It was agreed, pcrpluns^ ' That he fliall not be fufpended thereof/
The Sentence being agreed upon againft the Chancellor, the Lords fent a MeJlage to the other Houfe, That ihey were ready to give Judgment agiiinft the Lord Vifcount St> Albam^ if they, with - their Speaker, came to demand it.
In the mean Time the Lords put on their Robes» and Mr. Speaker being come to the Bar, atter making three low Obeyiances, delivered himfelf as follows:
'The Kmgbliy Citizens and 'Burgeffti of the Com* mom lUuje of Parliamtnty having made Conipki'it unto ytur Lordfinps of many exortitant Offmtes of Hriberj and Csrritptiott committed by tke Lord Chan- (tihr, we underjiand that your Lsrdjkips ure ready to give Judgment upcn him fr the fame. JVhere~ fare^ /, thtir Spe^ihr^ in their Names, do humbly dimand Judgment ag.iiriji him, the Lord d.-ancelbr^ as the Nature of Hi Offences and Demeriti require, D d 2 The
410 TheTarliamentarylriisroKr
. , , The Lord Chief Juftice anfwcred, i6*i. Mr. Speaker,
Vj)0n the CamplaiRt tf ike Csmmens againfl ibt Lord Vifcffunt St. Alban, Lord ChanteihTy this High Court hath thereby^ and by his own Conftf- fton, found him guilty cf the Crimes and Corrup- tions (empkintd of hy the CarnmonSt and of fiindr^ other Crimej and Corruptions of like Nature. Therefore, this High Courts hiving Jjrft jummon- Tht ju^pnear id him to attend, and having received hts Excuft jpinft tii« LorJ gf not attending, by reofin of Infirmities and Siti- Scot"""'^ fl^/J, wbith he prole/led was net feigned, or e/fe he would mojl vnilingty have attemied; doth, ntverthe- lefs, think ft to proceed to Judgment, jndj thtr^ fort, this High Court doth adjudge,
I. Ibat the lurd Ftfcount St. Alban, L&rd Chan- eeHorof England, Jhatl undergo Fine and Ranfim of 40^000 L
1. Ibat he fi^all be imprijoned in the Tower, during thg Ki>rg*s Plea fare.
3. That be Jhall, for ever, be incapabk of hid- ing any Office, Plate, or Emplsyment, in the Stati or CommmJVtaUb.
4. That he Jhall never fit in Parliament, nor tome within the Verge ef tiie Csurt,
Then his Highnersihe Prince was intreated by the Houfc, That, accompanied with divers Lords of this Houfe, he would be plealed to prel'enc this Sentence given againft the late Lord Qiancellor unto his Majclly ; which he readily conl'ented to.
Thus this truly great Man, the Wonder of the Age he lived in, and of luccecding Ages, for na- tural and acquired Endowments, fell from the Pin- nacle of Stale and Glory, nsver to rife again. His Profufenels and Liberality, much more than Covctoufncis, drt-w hini into Wants, and into thofc mean Artifices 10 fupply ihem. He fuffered, however, greatly for hiv Crimes herej for, though it be allowed that his Sentence wis much milder than his Offences defervc! ; yet, in io noble a Mind, ihc bare Refieflion on what he once was, onud have been a'coiiltanc Torment 10 his Soul.
This
I
i
{
0/ ENGLAND. 421
This is beft exemplified by his own Words, inAn.19. Junnl,
ft Letter to the King, wrote Ibmc Years after, '6»»' praying hisMajefty to releafehim from the Parlia- mcnc's Senience- To do as much Juftice as pof- ixble to the Story of this Great Man, the Letter, ilfclf, is tliought proper to be added (I).
The Lord Bacon io the King.
Moft Gracious and Dread Sovereign, I^EFORE I make r^^y PiUtmUpHr Mcjtjly,^^^^^^^ *^ I male my Praytn to Gad ahve, Pec^oreKing, flb imo, that if I have ever held any Thing fi dear as your Majejlfi Sei •u'ue^ nay^ ymr Heart* % Eafe and your Honour^ I may be repulJ'M xvith a Denial But^ if thai hath been the Primipai with me, that God who inoiceth my Hearty u^culd move year Mqjefy's Royal Hfart to take Compajj'ion of me^ and to grant my Dejtri.
J prs/frate my/elf at your Msjejly*s Feet ; /, your ant'ient Servant^ now ftxtyfour Tears in yf^e, and three Tears and Jive Months old in Mijery, J dg- fire mt from yo.r Majejly MeanSy nor Phce^ rar Employment ; but only, after fo long a lime of Ex- piaticn^ a ampleat and total Remijfion of tie Sen- teme of the Upper Houfey to the End that Blot ef Ignominy may he removed from me, and from my Memory with Pojferity \ that I die net a condemned Man-, but may be to your Maytfly^ as / am te God, nova Creatura. Tour Mcjejiy hath pardoned th* iih to Sr John Bennct, between wboje Cafe and miuju (not being partial to myfelf^ but fpeaking out *f the general Opinion) there wat as much Diffi' renety I will not fay at between Blaek and Jf^hite^ bill as between Grey or AJh toloured ; hk down thert' fore^ dear Soveregn, upon me al^ in Pity. I knovi your Majejifi H'an is infirufoble for Gcodnefsi and my Lot. I of Huckin^ham was wont to tell me you was the krfi natured Man in the iP'orld; and it js God's Property that thfe he hath loved he loveth to the End. Let your Afajtfy's Graee, in this my De- D d 5 firt;
{I) C^ihU, 9r M^triti •/ Suff^ Fo[. Tit P. 6e.
4ia The Tarliamentaty HisroKY
"An. 19. jmwl.^'*'* f^'i'fff '^'"t"' ^*P^" ^^â– > '^"'^ ^^' '' ^^ ^"' ?^ '^^ * iVii. Fountain and Sprhig-Headj and ex mero Motu ; tbat^ living cr dyings the Print of the Go&dmfi of King James may be in nrt hearty and his Praifii in my Mmith, Thii my mji humble Requeji grantid^ may make me live a Tear or two happily ; and, de- nied, will kill me quickly. But yet, the la/l Thing that wotild die with me, will be the Heart and jff- fe^ion cf
July 30,? Vour Majcfty's
i6i4. S Moft humble,
and true devoted Servant^"
Fr. St. Alban»
Thia LeiKr had the defircd EfFeft; for, not long after, the King dirtdled the Attorney Gene- ral, Coventry ^ to draw out the Form of his Pardon j and, as this Warrant is aUb fomewhat particular, it ' delerves no Icfs Notice than the Petition fm).
Trufty and well-beloved, wcgrcei you well. T^H E RE AS our right trufiy and right -juell- ^nconrequMceof ''^'^ bejcved CoufiHy the Vifeount s/St. Alban, upon which he obtains ^ Sentence given in the Upper Houfe of Parliament^ â– *"***"â– full three t'ean Jimt and mre^ hath endured Ufi of J hit Phie^ Imprifonment^ and Confinement alfo, for â– a great Timey tvhUh may juffice for the SatiifaC' â– tion of Jyjliie and Example to others : We being a!- I ways gracioufly inchned to tsniper Mercy wiib ^u- " fiice, and caling to Afind his fcrmer giod Services^ and how well and profitably he kath fpent his Time find his Trcttbles^ are pieafed to renicve from him (hat Bl'A of Ignominy^ winch yet remaineth upon Mra, of incapaaiy and Difablement^ and to remit him ad Penalties wrtitiOiwr infilled by that Sen- tenet ; having thireupon pardoned his Fine and re- iealed his Confinement : Theje are therefore to will and reffitire you to prepare for our Signature a Bill
eontaining
\m) C^ibafaf cr Mjiptritt tf State t ^ol, Ed, P. 049,
Of ENGLAND. 425
cmtaining a Pardo/i, in due Farm of Law, of Mf An,»g. Jiineil. whU Sentence ; for which, this Jh&Ubc pur fiffici- '**'• fnt fVerrant,
But when the Pardon was made ready* ihe Lord Keeper, Bifiiop tP'illianis, demurred to the Sealing of it; and, in a Letter to the Duke of Bucking' ham gave thefe Reafons for it {_») :
' Fir/if That his Majefty and the Duke did con- The Lord Keep. ceive that the Lord St. Man's Pardon and Grant ot "'* ^^'{^^ "^ his Fine came both together to his Hands, becaufe"'^ """^^ he was directed to pafs them both togcihcr. But his Lordfhip was too cunning for him : He pafled his Fine (whereby he deceived his Crediiors) ten Days before he prcl'cnted hiaPardon totheSeal. So as now he found the Parliament-Fine excepted in his Par- don, which, before the Scaling o( the fame, he had obtained. And, whether the Houfe of Lords would not hold ihemfelves mocked and derided with fuch an Exception, he left to his Lordfhips Judgment i thefe two Grants being contradiftory, in this Point, the one to the other.*
* Secondly, The King pardons, in particular Words, all Sums of Money taken for falfc Judg- ments and Decrees : And therefore the Exception of the Parliamentary Cenlurc, being inflicled hut for the fame Caufe, coming a good Way after it, was too late in Law ; and will be of no Force to fatisfy the Lords, fince there is a Claufe added which was never in any other Pardon.'
* Thirdly, Tlie King pardons the Lord 5/. jfl- ban the ftcaling away, altering and interlining of his Majcfty's Rolls, Records and Briefs, i^c, which are ot more ConlVquence, in a Lord Chancellor's Pardon, than the £mb£7.zling of his Majefty's Jewels in a Lord Chamberlain. And yet, the Lord Chancellor Etlclmere could not endure that Claufe in the Eail ot So"erfet's Pardon, unlcfs the Jewels were pariicularly named.*
* Fourthly^ He would not meddle or touch upon thole MUlakings which might fall between the
King («,* CahU, « Myjitriti »/ St4tt, Fol. EJ. P. iftj.
4^4 ThsTarriamentary\i\srof.r
^ , i^„i,King and Parliament, or the Mifinierprctalions ' i6ai. 'that Enemies miglit make thereof to :he Duke's Prejudice, becaufe he faw the King, in his great Wifdom, diJ not regard them. He only wifted tiic Pardon had been referred to the Council- Board, and there palled. Concl-jding, That he had dif- chargcd himfelf of thcfe Scruples, inRelpeftonly to the King's Service and the Duke's Honour, which had made this (hort Stay to the Pardon. Bat, whatever his Grace fliould now diref* fhould be readily put in Executton,'
Whether this Pardon was altered, on the Strength of the foregoinc; Reafons, is not mentioned ; but it appears that Lord f^erulam was not much better for it, in regard to his Fortune. He led a retired Lile fome few Years nioie ; and died /Ipril 9th, in the Year i62d, and in the 66th of his Age. Thus much we thought proper tol'ubjoln 10 the Calaftrophy of t^is Great Man's Fate ; to whole Memory m.iy be laid, as it has been of another's,
Ttty PP-'fris^ which ne'er will die, jh-jll bi
Anevsrkjiini Monument to Ihec.
And Mr. i'tf/'r gives his Lordfliip this Cbaafter;
If Parti allure thu^ think hazv Bacon A'w'^i The wi/f/i, bright£j}y mfoiiejl of Mankind (c).
But now to our Journah .- May 4. After two private Bil's were rea^l, a Mcfl'agc was fent t:) the I^ower Houfe to defii-e ihem in fit this Al'ternoon; for tha: the Lords would have Occalion 10 lend to ihcm on lomc Bu- iincr"! of Importance. Arcordinglv. we find :hai ihcOfi'L-nccs, wherewith Sir Fiancis AStchtd was charged, being read, and the C^ieftion being pur. Whether the laid Sir Framii be guilty of the Offences, or any cf ihem, fo charged upon him, that he is worthy to be cenfurcd ? It was agreed , unanimnufly, that he vvaj. Then another Mefiag^ was fen: to the Commons, That the Lords were ready to give Judgment againft Sir Framn MitihtU^ for many exorbiunt Offences, of which th?y had
fcund
L
0/ E N G L A N D. 425
found him guilty; if ihey, with ihcir SpeaVer, willAn-i^Janwii. come to demand it- The Speaker, being come up i6ai. to the Bar, fpoke as follows :
IVhereai a Complaint, from the Houfe sfCmmms, hrtth been exhibited againjl Sir Giles Mompellbn anJ Sir Francis Mitchell, fir many O^evca (smmitted by them agaifiji the King ot^d Cctnmon-lVealth ; your Lordjhipi hdve proceeded with Mumpeflbn, and given Judgment againji him ; and under/landing that you are ready, al/o, to pronounce Judgment a- gaitijl Sir Francis Miichell, /, the Speaker, in ths Name sf the Knights^ Citizens and Burgejfes of the Commons Hou/e of Parliament, dc demana ana pray ibat Judgment may be given againj} the /aid Sir Francis Mitchell, according to his Demerits.
The Lord Qiief Juftice then pronounced Judg- jnent in hac P'erba; Mr. Speaker,
The Lords Spiritual and Temporal have taken -j-he scnwiuf into due Confideration the great Care and Pains^ taJten o^on sir Fratwu hy the Commons, to inform their Lord/hips «/• MrMitchdl. great Complaint^ and the Quality and Nature thereof^ prefented unto them againji Sir lenuicU MilcheU and ethers ; wherefore their LcrdJhipSy bmg well prepared by them to the true Vnderflanding cf the fame^ have proceeded to the ptrfe^ Difcovery thereof ^ (by Exa- mination sf divers li^itnejfei upon Oath) and do find, thereby, the jaid Sir Francis Mitchell clear/y guilty sf many great Crimes and Offences againjf his Ma- jijly and the Common- JVealth, and have refihed^ at this 7ime, to prcceed againji him for the fame. Therefore thi Lards Spiritual and Temporal of this High Court of Parliament do award and adfudge,
I. That the /aid Francis Mitchell /hall Jfand and be from hsncefrth degraded cf the Order of Knighihoody with Refervstlott of the Dignity to his IVife and Children. The Ceremonies of Degrada- tion to be performed by Dire^ion of this Court to the Earl MarjhaTs Court.
z. That he faall be imprifined during the King*i fUafi^rey in the Goal, in Finibury Fields^ in the fame
Qbambfr
L
43(5 TbeTarltamentaryHisroKY
Ao. »9- jmetl. Chfjmkr wh'uh he provided fur other; ; the Tower i6ii. v.her0 he n&w remains being t09 tusrthy far bif/i.
3. Thai he Jhall undergo a Fine of 1000 /.
4. That he Jhall be difabled to bald or receive any ' Office^ under the JGng^ sr the Common-ff^ealth.
Ordered to proceed to take ExaminaiioasagaJnft Sir yohn Bennet To-morrow Morning.
Wiffin wiitcs, ' That this MiUbeU was 2 poor freaking Juftice of Peace, ihar lived nmongft the Brothels near Clerienwsll \ whofc Clerk and he lived by Contributions, ;innual and caiual, rdifc4 from that Neij^hbourhtH^d. And, being a very pefti- fcrous Plant in his own Nature, he was brought to Court and kni^hiedj and being corroborated by Leiteis Patent, he took the Liberty to be more nvenous ufxjn poor People, to the grating of the Bones, and fucking out the very Marrow of their Subftance (/>).'
Mr. Cambden haih left us the Ct^remony of this Man*s Degradation ; in which, according to his Office, he, piobably, W2S an Aftor (^). * On the laft Day of the Term, fay? he, ar three in the AfiernGon, Sir Fr ana's Ajitchll was brought by the Sheriffs of Ififidou to Jf'eiimin/ier-Halt. Fie- fently after came the Commiffioners for the Office of Earl Marfhali, vt^. the Duke of Zr/nw, the Mar- quis of Buekmghimy and the Earl of jfrunde/ii with fevcral Bjion? ihat wercSpeflators. Sir Fran- £;s ATstihell is brought before ihefe, and the Sentence of Parliament againft him read, in an audible Voice, by a Purluivant; his Spurs were hacked in Pieces by the Servants of the Earl Marlhal and thrown away. Then the Silver-Sword, which ought to have been gilded, was taken from his Side, broke over his Head and thrown away. Laft of all he was pronounced no longer to be a Knight, but a Knave ; as was formerly done to Andrew de Har^ (lay^ wh^n he was degraded ra the Time of King Edward II.*
It
(f) ItiKtfttfr, Vol. n. P. 731.
(j) Cii*Wwa Anaa|», in Kaattt, f. 657.
0/ E N G L A N D. 417
It may be of>ferved of this AfiUhellt That there An, 19. jimal was the Lex Talma palled upon him , by the Sen- J621. tence of imprifoning him in the fame Prifon he built for others : Neither was the Sentence, at all, miti^ted by the King, for he cominued there to the End of his Days.
— . nsc Lex eji juflhr uUa^ •!
*^am Neds Artifices Arte pet ire fua.
May 5. Three and twenty WitnelTes were fworn before the Lords, in the Profecutinn againft $irJoh/i Bemieti and fevcral private Bills being read, * The Houfe was moved to take into Confi- deration an A^, lately done by the Commons, in convening before them the Perfon of one Edward vmceeiinp in' l^itfvdei in examining of Wimefles, giving Judg- th= Commons *- ment upon him, and entermg it as an Act ot iiieir[_,pyj^ forfcan- own. That this Proceeding trenched deep intodaiiiiog the the Privileges of iheir Houfe, for that all ] udgments Prmcc&PJiuno, do, propeily and only, belong unto the Lords. Therefore, it was refolved not to fuffer any Thing to pafs, which might prejudice their Right in this Point of Judicature i and yet, fo to proceed, as _
that the Love and good Corrcfpondency between both Houles might be continued.'
The Commons had been fume Time in exa- mining Witneftb againft this Lhydsi and, ha- ving fufficienc Proof of his fpeaking the Words he was accufed of, on the hrft of A'Uy prcveedcd to give Judgment againft him. Many Arguments enfuedon what Punishment to inflidt upon him j and, amongft theiell,Sir£fiK//ff5f;«^5faid, * That the Houfe ought to be well advifcd, fincc there was much Difficulty in the Cafe : That their Sentence would be ccnfarcd in a great Part of the ChrijUan World : That the Root of this Man's Malice was JU- Affc^ion to Religion, and, confequently, 10 the State. There were but two eminent Pcrfons, be- fore, w^. K ng Edward VL and Queen Jane^ who had efcaped the virulent Tongues of Oppofiles in Pehgion. This Lady Eliz(fbtih was the third, who
wa$
L
An- )9- Jaaws
They p-fi Sen fence â– (lioft liini.
7he Tarnamtntary Hi story
I. was much praifcd by sU her Enemies {r). That bo W2S for JCTning with the Lords in this Proceeding! was it nok fur ihc grea: BuHncbthey had, and fiiould ibon bring befare them : — In the Sentence, not to meddle with his Religion, but his Offence inTonguc i (or that wou'd m^kc him be canonized : That the Words he had ipoken were Words of Contempt, not of Slander ; therefore to puniih him with as much Contempt as may be, feV.*
On the whole, the Commons agieed on a Sen- tence, which the Speaiter denounced againft ihc Of- fenifcr, kneeling at -heir Bar \ which Sentence waj ordered to be entered in their Journals. And, that the Reader may the better underftand the Ba&nefs, we give it in its own Form, as follows :
Beit remtinbtrids that, upon Tueftijy, tht firfl Dax cf May, in the Tear of thf Reign cf our So- vereign Ltrd James, by tht Grait of God, Kin£ of England, Ujz. the nineteenth ; Edward Lloydc, /df^tf/'CUnnemayne, within tht County gf Salq)^ E/quiret wJi impeached be/ore the Comm/ins affem- hUdintkit Parliament^ for that the fiid 'B,Avtzr6y fnbenee the ^ummoni of this Pari amenta in the Pri- fin of the FIcctc, having Cimmanitaticn concerning the msji iRufiricus Princfjs the Lady Eliziberh, on.^ Daughter of our /rid Sn-'greign Vsrd^ and the mej} txceilcnt Prince her Hufhand, did ufe and utter^ openly and pubh'ckiy, fa!fe, maiicious, and defpittfu} Speeches^ of the faid two Princes ; faying in this Manner y " I have heard ^ that Pnig\xe is tai'^n i std
* Gssdman Pa'^fgrave aniGoodmfe Paifgravt have
* taken their Heeis* and run away \ and, as I have
* heard^Goadwife Paif^rave is taken PrijGner\* and that thofe Words were fyoken by him, in tno/f defpits- fuland fcotnjul Manne*', with a jteering and feof- fing Countenance, and with a Purp'sji to dijgrace,
as miteh as in him h}y, thfe two Primes \ and that at other Times he did, in Hie defp^teful and reproach- ful MaTuiiff ujt- othtr maltiioiii and opprohri^ui
JVordi
fr) The Prinfcfi Palatine, the Kinft'i DmjV.ter. Bot th'i it fuiTher »[■lJilM^J la Ute Scoud, uadet the Pioc(e«i^ij^t qf the s^t^
0/* E N G L A N D. r-P
Hoards 6f tbfin. IPhereupin the fnid Cjmmoni^ ?/ Aa. 19. >«« I. tbeir Lyseand 'Leal to our /aid Sovereign Lardy and 1(11. BOt mind:7ig to kt pafi unpU7i:fl>td thsfe Things^ thiit tended to the Difgrace of hh Mnjejl/s Iffiie^ a Part sfhimjilf^ ivbs ii Head of the Parliament» did call before them the jaid Edward IJoyde, and there:/ dtdqueftlon him; and thtreupon fo far proceeded^ that after ^ upm the fame Day^ for that the Jaid M<i(ters^ whereof the faid Kdw^rd %uai impeached^ were true and notorious^ therefore the [aid Csmmsni^ in the Commons Haufe (ffemhm in rarliament^ did adjudge and awards that the faid Edward Lloyde Jliould be returned that Night Prifiner to the Fleetc, ivhsre beftne he remained in Prifon, and to He t /sat Night in a Place there, called Bolton's IP^ard-^ and Aall, the next Mornings be brought ta Weftminftcr, intotbe great Yard before the Door cfthe great Hall ofPleasy and be there jet, and fiandy upon the Pil- leryy from nine until eleven cfthe Clock, in the Fort' men, with a Paper upon his Hit, with this Infcrip' tioHy in capital Letters^ of tbefe TVords; * For fatfcy ' malicious, and dejpiteful Speetha^ againjl the King's ' Daughter^ and her Hujhand i' and from thence jhall prefently ride to the Exchange loitbin the City of IJondon, upon a Hetfe, tvithout a Saddle, with his Face backwards towards the Horp Tail^ holding the la'il in bis Hand, with the former Paper on his Head; and be there again fet, andjland, upon the Pillory, two Hours ; and from thence /hall ride^ in Hie Manner, to the Flt;e:ei and there to remain un- til the next Friday Morning; and, on that Morn- ing, to ride, in like Manner, into Chcapefide, in t& City of London, and there fbaU be (et, andjfand^ up4n the Pillorv, with the former Paper and Infcrip' t on^ by the Space of two Hours, that is, from ten until twelve of the Clcck in i.'.e Forenoon of that Day ; and ride back to the VXciiXe^ in like Manner as be- fore : And that there is fit, and ajfeffed upon him^ a Fine of One 7houfand Pounds.
This Proceeding the Lords judged :.o be a RTeat^*'*'"V, Infrin^.emer.t tti liicir Privileges ; ami, im the Day frjjl^j^^c,,^ of aforefaid, after mature Deliberation ui the Matter, their i'nvil«£ej.
ibe
L
An. 19- J*mi
A Conference ihncupon.
430 T/je 'Par I/amefftary Hi STOKT
i.the LorJs fent a Meflage, in Writing, to the Com* mons, by two of the Judges, importing, that,
* The Lord3, during ail this rariiament, have had much Contentment in the good Correfpon- dcncy that hath been between both Houfes : That iheir Lordfhips have an earnefl: Affedlion, and an aflbred Confidence of the happy Continuance of it to the End; with a full Refolution of all poflible Endeavour?, on their Parts, lending thereunto. Their Lordfhips having heard of a Cenfure lately pafled in that Houfe, againft one Edward Llsyde^ arc defirous of a Conference for the Accommodjtion of that Bufinefs, in fuch fori as may be without any Prejudice to the Privilcgea of either Houfe. This Conference they dclire, if it may ftand with the OccaCons of thai Houl'c, may be between the whole Houfes, at Three in the Afternoon, in the Pu'hited Chamber'^ with Power to each Commit- lee ro treat and confer freely, and 10 underftand each other's Reafons.*
To the end that the Lords might agree amongft themfelves, in what Manner to proceed at tnc JaiJ Conftrcnce, the Houfe adjourned ad libitum ; and, being reiurned, it was refolved that the Archbifhop of Ciwtei bury ihould begin, and the Lord "rrealurer, ' the Lord Chamberlain, and the Lad of Scutbamp- tcfif fliculd argue and difpuie about it.
Arfwer rcturn'd from ihe Commons, by Sir LysTiel Crdnf.eld, and others.
• Vhc Knights, Citizens, and Burgefles of the Houfe of Commons, have commanded me to let your Lordfliips underftand, that they take great Comfort in the Melli:ge. which your LordOiips lent tiicm and dcfirctiie happy Conlinuanceof the Love and Unity of both Hauies. Their whole Houfe, 3sa Committee, will attend your Lortilliips at the Conference dcf:rcd, and at the Time and Place ap- pointed/
Pojf AJer-diem. After confulting a Precedent fhewn rheirl^ofdfhipsby Mr Sergeant Cr«y An. t. Hen. IV. which proved. Thai the Commsm wtre mt Judges in Pariiamem > but that Judicahtre b*-
hug*
â– 0/ E N G L A N D. 431
/engs tints the King and Lords aknf(s), the wholcAn. ig.jamnl.
. Houfe weni, as a Committee, imo iht P/^inred Chamber. And, being returned, the Houfc was relumed ; when it was agreed, thai the Judges and King's Council fhould make a Report of the Col- lediions of what the Commons alledgcd for their Right of Judicature, Adjourned.
May 7. Thirty>one more Wimefl'es were fworn before the Lords in the Cauie againft Sir Jdm Ben- net. Then tiie Archbifhop of Canterbury report- ed, * That Ycrtcrday, according to tlic Diredion of iIjc Houie» he prefented their Lordfhips Petition unto the King, humbly defiring that his Majelly would be pieafed thai this Houfe might continue Judges of Sir Hemy ydvertony for tlie Matter con- cerning his Majefty's Honour.* At which Time his Majefty faid, ' That, in Example of that moft ^mou» Queen ESzabetb^ when this whole Houfe was Suitors to her, he muft return yinfwir^ Anfwer* /tf/.'('/J.* But th^t this Morning his Majerty'sAnfwer was, ' The Lords knowing they enjoy their Ho- ' nours from him* and under him, he doubts not but ' they will be more tender of his Honour for that ' Caufe 1 therefore he doth return back unto their
* Lordfhips the whok and final ordering of that
* Bufinefs of Sir Henry Teherwu*
The Lords having confidercd the Precedents al- ledged by the Commons, at thelail Conference, do find that they tended to prove,
1. ' That the Houfe of Commons is a Court of Record.*
2. * That they have adminiflred an Oalh in Matters concerning ihemfelves.'
3. * Thai they have infiicled Punifliments on Delinquents, where the Caute h.is concerned a Mcf- fcngcr of their Houfe, or the Privilegt- thereof.*
'1 heir Lordfhips determined, * 7 hat the Que- llion, ar this Time, is not, Whether th.u Houfe be ?. Court of Record ; nor whether rhc (^ath by tlicm alledgcd to be minillred, in a Matter conccining that Houfe, was given by the Houfe, ur by a Ma- iler (') s«s y«].ii. p. 5*. (t) Vol. IV. p. s^a, ,
>6iti
43* 'The Parliamentary History
An. i9.jinKii.^^ in Chancery, ihen one of iheir Members; 1611. nor whether they have a Right of Judicature in Mailers concetning therofelves f Bal (he Qucftion is. Whether that Houfe may proceed to fentence any Man, who is not a Member of their Houfe, and for a Matter which docs not concern them, for which the Commons allcdged no Proofs, nor produced any Precedents? Therefore their Lord- fhips agreed to pray a Rc-Conference about the fame j and, at the faid Conference, to Hick to this only, * That the Houfe of Commons have no Power of Judicature, no Coeriion againll any, but in Matters concerning their own Houfe.*
May 8. Thirteen moreWitnellcs fwom, before the Lords, in the Caufc of Sir y^An Bennet^ &c. Then the Lord Chamberlain declared, ' That the Kini- had commanded him to acquaint their Lord- ihipsj in Addition to what was delivered to ihem, Yefterday, by the Lord Archbiihop of Canterbury^
* That altho' nothing is fo dear unto him as his
* Honour ; yet, as before, fo he doth now, put in-
* lo their Lordfhips Hands ihe Caufe of Sir h&nrf
* Yehertin^ not miftrufting their Affections to him,
* nor their Judgmen'3.' One Themei Emu fin was examined, touching a
HfaE>'inS"lr'^'=^'^ge *^^ ^roughi to Sir H^nry Yelverton from M.ompe[m\ which Sir i/^/inalledged m his Speech here of the i8ih of April laft, * That the laid Sir Henry Yelverton was not tokifEp his Place of the King^s Attorney General lorp, if he wiihftood the Proceedings in the Writs of ^6 Warranto for the Inns.' Emerfon faid,
* I never delivered any Meffdge to Sit Henry Yelverton from GiUi Mo^pelJon ; but I delivered him fome Speech by way of Advertiremenr. not by way of Meflage, as it pafled from Msmptfjm to me concerning him ; which I confefs Mtmpef' fin delivered to me as a Meflage to be carried to Sir Henry^ and wliat lie told mc was lo this Effect j That there was a Bulincfs concerning Sir Edward yUlieri^ of the Mint-Mafter's Place in xhtTower^ one pretends a former Grant 5 the reft of the Kirg*s
Council
FnrtlitrTVocMil- i
Henry Yelver- CDD.
0/ E N G L A N D. 433
Council had, or would deliver tbeir Opinions, thar^fl. 19. Jiokii;" the former Grant is void in Law, and the Party ifeii. unfit to execute the Place ; only Mr Attorney Ge- neral oppofcd this; But, if he takes thefe Courfes, and remfea to concur with the reft of the King's Council, to certify his Opinion in Things that are honeft, convenient, and agreeable to Law, he muft not think lo be Aliarncy a Month to an End, and tell him fo.* I anlwered, ' You will not have mc tell him fo. Yes, faid Mompe^jm^ I pniy you do il. And, after Supper, 1 took him afidc,and asked biip whether he would have mc deliver that Mef- f^ge to Sir Htnry YelvirUfiy or no ? He aniwcrcd. Yes, by all Means, if you love him.'
* When I imparted this to Sir Henry Tehtrtan^ heanfwcredme, * This cannot be true; for I never was on better Terms with my Lord of Euch than now ; and Sir Edrjoard Villiin is one of the beft Friends I have ; and this verv Suit I recommended to him by Means of one Prf/mfr/
* Sir Anry Yelvtrtm, either by Word or Writing* acquaints Sir Edward hlUfrs with this, as I heard ; aod Sir Edward was difconientcd with AiompeJJm about it : Whereupon Mt^mptjjm came to me to know whether I had been with Mr Attorney, and wifhed I had not imparted this MeJTagc to him. He told me Sir Edward VlUieri was much difcon- tented with him j but he began to wave it at firft, iho* he afterwards cohfellcd he had fcnt me to tell Mr. Attorney of it. Some Time after Msmpejfm went With me to Sir Mcnry Ycherion^ and acknow- kdged the Speeches wliich were delivered by me ; andjhey feemed to be well fatisficd with each other, and departed Friends, as far as 1 could perceive.'
* Since which Time T ntver fpake with Sir Hinry Tehertdn^ but upcJn one Bulinefs; nor had 1 ever any Speech with him, coiiceruing the Patent of Inns, nor the granting of any ^^ Jf-''arranto ; neither hath this Mcflage any Relation to the Patent of Inns or ^uo PP^arran/o ; neither did I ever bear of any Mcflai^ to him touching the Lord of Buds,*
All this Emerfon^ upon Oaih, affirmed to be true, Vot. V. ' E e Thea
434 7h'Parliiamefstaty HiST^ViY
As. t$^«m« t. Then ibe Lords diredted the AUorncy General to •' «»»• open to the Houfc, as well the firft Speech as the fr- cond, (bccaufe his Majcfly thought that Sir IJ^ffrj> Tekftrien had by his fccond Defence aggravaied Ui former) whoi coming up to the Clerk VTablc, n»i Part of the Copy Of the Crik Charge upon hjmi and hiaNotcs.for Anfwcrs, wrote in the Margcat thereof by htm. Alio, the Notes taken of Sir Hent/^ fecond Speech, which was fent to ibe King i and which he [aid he did ipeak in (he HouTe, or would have fj^ke if he had been permictedf But, the Morning being far fpent, the Lords de^ termined not to proceed ngainft him then, but lafce anotlicr Time to confider upon what Point.of thofc Speeches to think him worthy of Ccnfure.
Psjl Mirtdiem. The Houfc being to mefil tht Commons at the Re- Conference, this Aftcpr noon, concerning the Judicature in which thi^ Lords conceived the others had trenched into their • Liberties and Privileges ; and wherein their Lord-
fhips were not fatisficd with the Precedents alledged by the Commons, at the former Conference, in their Defence thereof: Yet being defirous to con- tinue that good Refpe£l and Correfpondency which haih been all this Parliament between both the Houfes, iliey thought proi)er to order, Tliat the Archbifliop of Canterbury (hould begin the Intro- duction to the Conference, and propound any Thing that might tend to a gentle Ending of the fame. And, thatif the Commons would agree to a Sub- Committee to end this Bufinefs, then ibc^ Afchbifhop, the Lord Admiral, the Lord Cbam^' berlain, the Earls o( /frundeUn<^ Sauthampisn were appointed for that Purpofe. Aad it was further agreed. That this Sub- Committee (hould be limited* not to yield to any Thing, in point of JuJicature,- which they of the Commoris have done, left it may in Time become a Precedent to wrong the Privileges of the Lords. — The Commons agreed to a Sub-Committee, to end this Difference. j
. Ma] 12. The Archbifhop of Canterbury t«r ported the Conference held Ycfterday between tfcft^
Stib-
'Biib-Oommiltees of both Houfes; to thU Effefl ;Aq.i9. J»m*rt Firft, ' The Commons Ihcwed their conftani Re- *"*' folation to marmain ihc hcwc and, good Corrcf- Report frcmthe pondency between the two Houfes. Secondly, ^"^-^"'n'"'^-"' Their RtTolurion not ro invade the Privileges or^J^^^ thiiT Houfe, that have dealt (o nobly with them. having piffcd Laftly, That cut of their Zeal they fentenccdSc""""*" ^• ZJcydti bm they leave him to the Lords, with an ^"^"*'^'''* Inlimaiion of their Hope that this Houfe will cen- fure himalfo. Then they propofcda Proteftation to be entered wiih che Lords for a Mean to ac- commodate the Bxifinth between them.
A Protection was immediately drawn op and agreed to, in tbefe Words; 7hai the Prs<£idinisr\ie Commow lately pajfed in th HiufiofCommom^ againjl Edward yi«iJ 'he f'otnc Ltoy^e, be net at any Timehertafter drawn ffr ^[^i^%^}'^^^ " 6i a "Breiedent^ fa the Enlarging or Dimin'tjhing of ihe lawful Rights or Privileges oftither Houfe: But, ihat t^ Rights and Privileges 6f bath Hiupif Jhall nmiiirt in the fef fame State and Plight as before^ * — This Proteftation is alfo entered in the Journals of the Commons, without any Addition or Alte-; ration by them.
Some Regulations being made In legarJ of the further Proceedings in Sir Henry Teherton's Caufci lie was ordered lo be brought to the Bar, to anfwer fcr himfelf, on Monday next, May 14. Tht Kino's Council were to make a Collection of th« Words he fpoke in this Houfe, to confer with the Judges about ihemi and to deliver their Opinion of thero, before Sir Henry be fet to the Bar. Tb« King's Council were alio ordered to enforce ih^. WoKis againft him. ,^
Af/?y 14. The Lord Trcafurcr delivered a Re* J>refchtaliOn of Sir Henry tihert9n*s Cafe, as pre* fentcd to the King ; wiih his Majcfty's PIcafure fig- nified that it might be read in the Houfe. The, Suhftancc of which was as follows;
SI R Hftiry Yeherton^ in ]i^chaelmas Term laft, ^^ H"Tf V«!- was fentCflced in WstStar-Chamber for Breach ''*^"* *=^ Of Txuft, in"* the i/nwarrantabic paffjoii of a Char- --■'* • E e 2 l«r
45*5 TlQ^arRameittnt^Htsro^T
. 15. tana i.ter ro the City of London ; Tending to the D'llht- ifai. rifon of his Majcfty, both in Matter of kingly Power and high Prerogative, and alfo, in Matter of Revenues and Profits of the Crown; to tbe OpprcfBon and Grievance of the Subjeft, by rai- fing of excelHve Fees and Exaflions.
• The Sentence confifted of the/c three Parts i I. Imprifonment in the Tower, z. A Fine at 4000 1. 3. A Declaration of Difabiliiy and Un- fitncfs to holJ the Place of Attorney General. Un- der this Sentence Sir Hemy Teherton fuffcrs at this Day i for, he is a Prifoner in the Tktvr ; removed from the Place of Attorne)' -, and the Fine is le- yiab^e upon him at his Maiefty's PIea(ure.'
* That, on the i8th of April laft, he was brought , . to the Bar in Parliaraent; and being there charged,
inter alieit with fome Mifcarriages, touching the patent bf Inns, he laid, If ever he had deferved well of his Majefty, it was in that ; adding. That the King and Subjcfh were more abufed by that Patent than by any other, and that he fufers at ihis Day, as he takes it, for thaf Parent/
* jfprii%o. He was again brought 10 the Bifi and fpOke as follows :
• I cannot but prtrfcnt myfeif this Day, "be- fore youT Highncfs and my Lords, with much Fear and more Grief; for I am compafled wi;h fo many Terrors from his Msjelty, as 1 might well hide my Head with Adam. His Majcfty's Difpleafure wounds me more than the Confciouf- nefs of any Faults ; yet, I hnd rather have died than that the Common- Wealth fljould receive fo much as a Scratch from roc/ '
' I, that in none of my Aftions feared the great Man, in whom ihcy [Sir EHxvard FilUers and Sir GiUi Mtmpefjm) dij depend ; much lefs would fear them who were but his Shadows. But, my moft noble Lords, knowing that my Lord 6i Buekjng* ham was ever at his Majefty's Hand, ready, upon rrery Occafion, 10 hew me down, out of the bo* srcH Fear of a Servant not 10 offend fo gracious ^
Mafter;
Matter^ as bis Majefly hath ever been to me, Idid^' '9'J«nutt commit ihem., v^z, rhe Silk-Meii/ "**'*
' As to the Patent o( Inns, Icaunot but hereia bemoan my Unhappmcfs, That in the Uft Caufe l.ibojrirg by aU Means to advance the ProBt oi his Majefty; and, in this, with the Sight almoft of my own Ruin, to prciervc hu Majcfty's Honour and the Quiet of llie People, I am yet drawn in Queftion as if 1 had equally difhonoured his Ma- jelty io both.*
* When Sir Giifi faw I would not be moved to offend his Majefty by his Directions, I received a Mefliige from Mr. Emerfony fent mc by Sir Giles^ That I would run myfelf upon the Rocks, and that I ihould not hold my Place long, if X did thus withftand the Patent of Inns, or to that Efftft, Soon after came Sir GlUi himfelf, and, like a He- rald at Arms, told me that he had thisMeffagc tQ acquaint me with from my Lord of Buckingham^ That I fliould not hold my Place a Month if I did not conform myfelf in better Manner to the Pareni of Inns ; for my Lord had obtained it by Favour and would maintain it by his Power.*
' How could I but ftartle at this Meflage ? I faw here was a great Ailtimmg of Power to himfelf, to place or difplacc an Oificer at his Plcafune. I faw myfelf caft upon two main Rocks; cither, trea- cheroufly to forfake the Standing his Majefly had fei me on, or elfe, to endanger myfelf hy a By- blow and to hazard my Fortune.'
' I humbly belecch your Lordlhips to think that Nature will ftruggle, when fte fees her Place and Means of Living ihiw afiaulled ; for now It was come to rhis. Whether I would obey his Majefly or my Lord, if Sir Gihi fpokc true. Yet, I re- folved in this, to be as itubhorn as Mtrdicai^ not to Itoop or pafs thole gracious Bounds, his Majefty bid prefcribeJ mc*
' Soon after, I found the Meflage, in Part, made good J fox all the Profits, alraoft, of my Place were diverted from me, and turned into an unufual Channclj :o ojic of my Lord's Wortliies ; that X £ c J ler
43^ TbeTarrMmentaryKtsrosLt
An. 19. jMnesl. retained little more than the Name of an AndFrf
i6zt.
»
Ur
The Lords r«- hi in-
ncy. It was fo faul and fo penal, that it bedmrf almoft the Loft of a Suit to come to me j my Place Was but as the Seat of Winds and Tcmpefts/- '■Howbeit, I dare fay, if my Lord of Buciing^ bam had read the Articles exhibited, in this Place,"' a&mH Hugh De/pffjjir (u}i and had known ih© Danger 01" placing and difplacing Officers aboOt a King, he would not have purfued me with fuch Bilterncfs. But, my Oppofing his Lordfhip in the Patent of Inns, in the Patent of Alehoufes, in the Iri/h Cuftoms, and in Sir Robert NauntM's De^ puuton of his Place in the Court of Wards, have been my Overthrow. For ihefe I fuffer at this Day in my £l\ate and Fortune, (not meaning to iiiy, as I take it, but as 1 know, for my Oppoi^- tton to his L^ordfhip) above 20,000 1, (.r) I know well that I luifer unjufily, in my ReJlrainl* for my Offence, by bis Lor^fhip'3 Means : For my Heart tells me I was«ver faithful Co hit Majefty j I Jbughl no Riches but his Grace."
.The. foregoing Minutes of Sir Ht/try yfivinWa Cafe being read, he was brought to the JUr, where Sergeant Cnw and Mr. Attorney General opened the Clurgc againll himj and (hewed. That tholo Speeches did liiredtly point to the, Lord Marquia of BuckinglMim^ and, by Conlequence, faftned a Scandal on his Majelly. Sir Henry, having Leave, explained himleli~ touching the laid Sueeches, and made his Defence to the Charge, which ww vctfj long. Afterwards, he was ordered tu wididiawj and to be brought again to theBirTo>motjow ia (he Afternoon. - .;,,
Alt^ 15. The Affair of Sir Hetiry }^hi»rHmf caine on again i when tl;e Queftion being puc, * Whether the (aid Sir Henry is worthy to be cen-- lured, for Woids ijHjken by him in Uiis Houlie, v\ hith touched ihe King's Honour ?' It was agfc^i he lliould, Nemi/u differaientf. Afterwards, ihey
agreed
(i) %€t Vol. I. P. l6l. Ami 14. Ed. II.
ixj WtMt folicwiis omituil in Biifrv/^b, biiC fnifUBd lien
< 4
Gfrmbi GL AND. 43^
agreed what Sentence fhould be paiTed upon bim : An. 19. jimtj I* Ik For Matters touching the Kjng*s Honour, i&»i« a«:For ifce Scandal on the Marquis of 5afi»>^Atfw,^ Lord Admirdi. $. For the Matlec ot Complaint} agAinlifaim by rb« Conimona. But the Day being faripentin £:itiing this Affair, ilic Lieutenant of th^Tawer had Orders to bring up the Taid Sir f&n~ ry UtivtrUv, at uine the next Morning.
May lb. Several more WjtncUes fvrorn in the Cautc agiinft Sir Jebn Btnnet; after which two public Bills were reid> and then the Houfe proceeded to give Sentence againft Sir Htnry Yii-' zerieni the Memorial of wfiich is entered in thefe Word*:
WHbreas, on the i+ih Day of May^ SirTi«Mca»ri«lof Henrv TthertoH was charged at this Bar, the s<nKn« »» That in the term of St. Mhhatl laft paft, for8»^^»s Breach of Truft and Mifdemcanors by him com- mitted, whilft he Was Attorney General to his Majcfty, viz. for drawing without Warranc a Charier unio the City of London^ tending as well to his Majefty's Dinierifon, as to the Grievance and OppreiTion of the Subjeft ; was fcntenced by the Court of Star-Chamber to be a Perfon unfit to enercile or hold the Office of Attorney General ; and was further adjudged to be imprifoned in the T<w^, and to pay a Fine of 4OC0I. to his Majc- fty. The faid Sir Henry y'ehtrton, hei:.g by Force of ihc faid Sentence imprifoned and ftill liable to pay the faid Fine, was, upon the i8lh of Jlpril iaft paft, brought to the Bar of this High Coun, -And charged with lome Complaints of the Com- mons, wiih fome MifcarrJages concerning two Pa- tents, the one for making Gold and Silver-Thread, ihc other for the licencing of Inns and Hoftcrles ; and bein?^ required to make Anfwer thereto ; touch- ing the Iaft, he faid » * That if ever he dcicrved well of his M.iiefty it <vas of that Matter. That the King and Sabjeft were more :ibufed by ir than by any other j and that he fuffered at that Pay for «pporin" thui. puieut, as he took it/ " ^ ^- ■iAnd
f
440 The Tarl'samentary Hi s T or r
AsTif Itmni, * And having ihc Favour of ihis High Court to i6»i. be advifed of his Anfwer to the jotb of the feme Mcnih, and coming again to ilie Bat, the faid Sir Henry Telvertcn makie a long and large Anfwer to the Particulars of this Charge, as touching the faid Patents i and in his Anfwcr uttered divers Speeches, by which he attributed all theEfFeftsof that Sen- tence, viz. hia Sufferings, his Hindrances, which he efteemed to the Value of 20,000 1. his Ruin and h>s Overthrow, unio his Oppofiiion againft that Patent of Inns and Hofteries; to the great Scandal of his M.yefty in point of Honour and Juftice. And the faid Sir Henry Ttihertsn in his Anfwer uttered feveral other Words of Scandal ; which, though direftly and immediately pointed at
\, the Lord Marquis of Buckingham, Lord High Ad-
miral of Efighnd^ ch.irging his Lordflitp with Mat- ter of Oppolition againft the faid Sir Henry Tekjif' iofiy to his Hindrance, Ruin and Overthrow ; yet, by Confequence, the Tame Words reach'd his Ma*] jelly, and faftned a Scandal upon his Highnc in tolerating and giving way to thote Courfes, fup-' pofed by the faid Sir Henry Yehertsn to be injari- oufly wrought by the faid Lord Marquis; glancing, and, in a Sort, relembling them to the AdtJons of HvghDefpenfer^ and comparing himfelf to yWij^- decai. After this the faid Charge was fully opened andprefied by bis Majefty'sCouncii, the Iionourabltt Court hearing the Defence and Examinations of the faid Sir Hinry VdvrrtGtt to The famei but the Day being far (pent, their Lordfliips did forbear to proceed to a Sentence or Jurtgmenl at that Time. ' Afterwards the Lords Spiritual and Temporal^ on the 15 th of May, after long and Icrious Delibe- ration and Conference, and upon due weighing of tbc Speeches and Words (poken before ihcir Lord-^ fhips in this High Court of Parliament, did withj one Aficnt* no Man difagrceing, relohe, That the faid Sir Htnty Tthcrtsn was worthy tobeccn*- fured hy this Court, for Words fpoken by him in this Houfe, which did touch the King in Honour ;â– and did then alio agree what C&nfure to pafs uponi
Of E N G L A N D. 441
him for the fame; but the Day being again far Ao. »$.;»»« I. fpen*, ihcy proceeded not to Judgment at that *''
i'imc, but ordered the iaid Sir Hefity TehertOn to be brought to the Bar this Day to bear the fame ; who being then at the Bar and the Lords in their Robes, the Lord Chief Juitice pronounced the Judgment in bac Vtrba :
The Lords Spiritual and Temporal tf this High Court of Parliament do award and adjudge^
I. That hfy the fiid Sir Henry Yclverton, firror fknderJaf his Speechi uttered in this Ccurty which ds touth tbt *« ^°i i IGnfs Mi^jifly in f&nour^ l}t fined to th King's M(>jefty Ten Thufind Marks.
a. That he Jhrdl ^ iniprifcned in the Tower du- ring the King's Pleafure,
3. That he JboU make fuch Aikneudedgment f hit Fault, and fuch Sabmijfion to kii Majefyt asjhall be prefcribed unta him by this Court, ihe Jhme to be made here at the Bar^ either in the King^s Pre- Jtnciy flr, in his Jh/ente^ at the King's Pleafuri*
This Judgment being given againft the faid Sir Henry Yeherton, for his faid Speeches, which touched his Majefty in Honour i and the Piifoner being withdra i.vn, the Lords took rnto their Confideration • 'I'hat the faid Words ami many others fpolcen here in this Houfe, at the fame Time, by the laid Sir /fi'/zry Tfherton, did direflly tend to the Scan- dal of ihe Marquis of Buckingham^ Lord High Admiral of England ; and therefore, by their Lordfhips Appointment, the faid Sir Benry Tel- ' verton was called in again* brought to the Bar, and was charged with the fame fcandalous Speeches by the King's Sergeant and the Attorney General. And, whereas, thegreateft Matter of Averment, on his Part, did depend upon a Meflage whiirh ihc faid Sir Henry Tteherim did affirm was dehvercd to him by Mr. Thsmas Emerfm, from Giles Mompef- f8n\ the Depofiiions of the faid Emtrfan taken here in Court the 8th Day of May^ were read by the Clerk, wherein the fiid Emerfon did, upon hi? Oathi abfoluiely deny the faid Mellagc : And the
441 The^^Arl$aniiBntlnj}^%r€%r
Ab. u; WiT faid Sir //mo' y'i^trtm having Love w lpeak.tp^ i6ei. himfclf, without Inieiruptioo, did noi gjvc ihfr. Houfc any good Saiisfadion for the fcaodalous ^ .r Speeches hereby btm ulcered sg^kinft [he faid Lgrd. Whcrelorc, he being withdrawn from the Paf, and the faid Marquis aUo having withdrawn hrm- feif out of ihe Houfe, th« Lords having -lopg de* bated the Matter, iefo]vcd, Thai the i^id ^ii Htnry Yelvtrian was worthy of C?nfurc, ,fqr Wf falfe and fcandalous Words i and, being fuHy agreed about itt the Lord Marquis and the Prilbner were called in again, when the Lord Chief Juftice pro-' nounccd Sentence againft him in hat vtrba:
Yh* Lords Spiritual and Tempsrd of this High Court of ParUament do adjudge and awards
I . That Sir Henry Yelverton, Knt. for his fclfi ^^^^^^r.randJcandaUusWardu uttered in this }$gh Court BBckingham. of FarHanHTit againjl the Lord Marquis tf Buck- ingham, Lord High Admiral of England, Jhell pay 5000 Marks unit tht (aid Marquis, •1. 7bjt he fhaH be itnprifened. 3. That be fimUmah ftichSuhmiJfm^ inihisCeurt^ to ihe Lord Marquis^ as this Court Jhall prefcrihe.
This Judgment being given, the Lord Marqui^i freely remitted unco the faid Sir Hemy Tekettoti^ the faid 5000 Marks, for which Sir Henry returned his moft humble Thanks to his Lordlhip. The' Lords alfo agreed to move his Majefty to mitigate Sir yenry Tehertori's Fine, and his Royal Highneff, * the Prince offered to undertake that Office.— It U alfo very remarkable that no Ccnfurc was paflei upon him, on account of the Complaint exhibited againft hiin by the Commons ; nor does it apj>ca( that they ever refentcd the OmKTion. 1
Soon after the King wholly relinqu fhedthc Fihel due to him (rom Sir Henry on the Sentence j u as fet at Liberty ; reconciled to the Marquis ; ar \yas cfteemed, fays B-uJkworth (x)^ a Man vald
eru
Svt he is Toon Bt'ier paidon'di
fe
(x) VoL I. P 34 This Centlcm-in wai Author Ojf Tit i
fiirtii hiiFather waiSp«kernf thf Hrufrof Commoni./^f. 15', (l«e Vol. IV, p. 4.1 1.) >ra his Do'ceaduc is pow tal ot SmJH
Of E N G L A N D: 443
eruditus Lfie, in his Time. In ihe fuccecdingAo.i9-Jwi«»l.
Reign be was made a Judge of the Common * ** Pleas f^)-
A MeHage from the Commons to put their The commoiH LordOiips in Mind of the Complaint againfl thc'™^^*^fL°^ Lord BiOiop of Landaf, tor an Offence proved to p[,/„^'ipSrtL, the Houfe of Commons, by the Teftimony ofBiAop of ua- Rufide^ Davinpoit and divers other VVimefles. <****• Wherefore the Commons demand Judgment a- gainft him for the fame. Anjvjer. The Lords have been bufied with many Matters of great Im- portance i but they fl]aU hear from ihem ihortly touching the faid Complaint.
May 18. Both Houfes, by mutual Confent, ad- journ«i to the 24th on account of Wh'ufuntidt.
May 14. Several public and private Bills read.
May 35. After fome other Buiinefs, the Lord Archbifhop of Canterbury^ firft of the Committee appointed by the Houie to take Examinations in the Caufe of Edward Utyde^ reported that they had uken feveral. and were fatisfied of the Prooif of the Crimes obje^ed againft him j and moved the Houfe that Mr. Attorney General might read the faid Examinations. Accordingly, the Depo- fnion of fix feveral Perfons were read, and then it was ordered that Lloyde (hould be brought to the Bar the next Morning, in order to proceed to Judgment againft him.
May 26. This Day Edward t^e being fet to the Bar, the Attorney Genera! charged him with notorious Mildcmeanors and high Prel'umption:
!. * In rejoicing at the LoiTes which hid hap-p^^^^^. pcncd to the King's Daughter and her Children/ gain ft Si^
II. * For difcDuragirg of others who bear good LM^^e before tin Afit^ion unio tlicm.' '^^•
III. * Forfpeakir.gbafely of them.*
IV. ' For taking upon him to judge of the Rights of Kingdom?.'
To the firft Mr. Attorney fhcwcd, * That, in
December Uft, Edward LUyiie^ being Prifoticr in
the Fleet, havinghcard that Pra^ut was taken, did
..,'-'. upon
(jr) 3:V; la 16x54 ^. i. Cat, I, Chronica Juridicialia^
I
An. Tg. luoes I.
1621.
444 neTariiatMenfaryUisrOKY
upon all Occafkm? fhr ur himfel/ joyful and glad of that CaUmity and Afflidlion which bad happoed to ihp Prince and Princefs Pafati/te^ ihe King's only Daughter and her Children.'
As to the fecond, the Attorney (aid, * That Ll^e rrlaiing unto one I^nry P^ningttn the Lofo of Prague^ with the Captivity ot the King's Son- in-Law, his Daughter and her Children j lie the Ciid Penmttgtsn wifhing that himielf and all the convft- nicnt Mjn of the Kingdom were prcfled forth uot to return with their Lives, till they had redeemed her from Captivity : He the faid U9yd4 rcply'd. I am forry thou art fuch a Fool ; and the faid Pen- nirtgt9*i reproving him for fayii^g fo, Llfffdi reply'dj That if he had been out of his Chamher he would have ftrucic him.'
For the third, Mr. Attorney fhewed, • That the faid LieyAey taking Occafion lo fpeak of theft Matters, did term the Prince and Princefs Palattnt^ the King's Daughter, by the ignominious and de- fpiteful Terras of Goodman Pdfgravt and Good wife Palf%rave \ calling him that pwr Lad\ an^ fcoffingly, with great Jollity, related aSlagc-PUy of the Princefs, running away wlih two Children^ the one under one Arm and the other under the other Arm, and the third In her Belly, with th© Pal/grave following with the Cradle.*
Laftly, The Attorney (hewed, * That one Mdhi CeU going to preach one Sunday Morning in the FUet, ihe laid Lhydt called to him and toW him that Prague was taken; and the faid Cfl/if an- swering, That is little Comfort to me. Ueyde rc- ply'd. Nay, now we may freely fpeak it, I, or ?ny Nohlcman, have as good Right to he King of IVaki^ as he, meaning the Palfgravcy to be King pf Bohemia*
Here Mr. Attorney opened * that Point of the anticnt Oath of Allegiance; of which Oath and the Danger to the Offender in fuch Cafe, the faid U^dty being a Lawyer, could not be ignorant, and ihai therefore his Offence was greater. That h^, being a Man of good Estate, was a Juflice of
PeaCQ
-.-(
t ;i©/v E' N G L A^ N D. 445
Peace in, his Country, io Ihe County of So/op; '^ 19 Junes I.
ancU was pui out of Comniiflion, as was affirmed
tobc tfueby Mr. Baron Braml^y ihen prcfeni ; and»
ajib, thai this Lhyde^ baviiig heretofore iludied the
Common Law, in ilic Imar-limple, where he was
called to the Bar, wa? put out of that Society by
tlic Benchers.'
Edward Uffy^e being then demanded by the Lord Chiel Juftice, ^^hdt Anfwcr he could make to thefe Mifdemeanors wherevviih he was charged? He began with a long Dilccurfe to traduce the Perform of fuch as had depofcd agaiofl him j but being demanded (o make a diieS Anfwer to the Charge, he (aid, * 1 cannot remember that thefe Words were ever fpoken by me/ Whereupon the Clerk read the Depofiiions of fix Witnefles againft him. Then the Chief Juftice demanded of Lhyde^ Whether he fpake thofe Words, Goodman Valf- grave and Goodwife Pnl^ave ? To which he anfwcred, • 1 fpoke not thofe Words in fuch Sort as they arc laid down in the Depofition.' • Did you rpeak thofe Words or Words to that Effeftr To which he replyM, ' It was but a FoUy for him to deny them becaufe fo many had proved tlicin.* Ahd being demanded whether he fpake the other Words»or ufedthe infoleni BchavJour towards the Prince and Prlncels Palatini? he anlwciedi * I re- member it not-'
The Pnfoner being withdrawn, tho* the Lords were all fully fatisfied by the Examinations and tloyde^ Anfwers, yet, for Order fake, it was put to the Queftion, ' Whether Edward Lhyde be (0 guilty of the OJFences of which he is charged, as that ne deferves u be ccnfured ?' It was agreed by all, Nemine dijfcntUnU. But one Part of !he Sen- tence propofed being Whipping, fome Lords ob- y^cA to it becaufe he was a Gentleman j this was alio put to the Queftion, and carried for Whip- ping. Another Qucftion was. Whether be fhould have his Ears nailed to.ibe Pillory i It was agreed, psr piaresy not to be luiled.
The
1^6 The ^at^lioftientary Hi stor y
cfacR read &nd i
Barid
«- iT V 'r*i« '^of"' ^ f^^ Sentence t....^ .„„ ..«, i6 ji."" ' agreed to, the Prifoncr was hroughi again to the
when the Attorney General praying Judgmeri againft him, the Lord Chief Jufticc pronouno Sentence in thefe Words :
The Lsrdi Spiritual and Tefrrporal sf this Bigi Cstirty csnfideritig the great Offtnce of tht [aid Ed-1 ward Lloyde, da award and adj/dge^ Ttdr indsnwQt I, 7hat Edw^fd Lloyde Jball bt untapahle ta hfar •fiiDft bu>. jjrffij jj ^ Gentleman \ and that be Jhall be ever htld as an infamms Pirf6n\ and kU Tejiimerty not it be taken in any Court gr Cau/e.
2. 7hat en Minday next, in th Morning, JbaU be brougk to WcHtm'm^a- Hai.\ there t9 fit on Horfeback with his Face to the Horfe-Ta hoUing the 7ai/ in his Hand^ with Papers on t Head and Breajl declaring his Offence ; and ft ti\ ride to the Pil^ry in Cheapfide, to Jiand two Heurf in iti io be branded mth the Letter K in his Fore-^^ head.
3 . Tebe whipt at a Cartas Taih ffn the firjl Day" ef the next Term, frcm the Fleet to Weftminfter- liaU, with a Paper on his Head declaring tfje Of", fence, and then ts Jiand in th Pulory there ' '*
two Hours.
4. That he JbaU be fined to tht King in 5000
5. That he Jhail be imprifintd in Ncwgitc du*\ ting his Life.
Warrants were given to the Sergeant at Arms and to the Warden of the Fleet 10 lee th s Senlenc^ quickly executed ; and the Paper to be on his He Was t^ contain thefe Words;
Far tgnnnnfiious and def^teful H^irdSy and maii^ cious and frortful Behavicur towards thePn/martdX Ptin(f/s Palatii^e, the K-ng*s enly Daughter, ana\ their Children.
Cambden, in his Annals of this Reign, (elk iisii That every Part of this Scniiince was executed, oa»| Lloyde ; but the Lords fsurnali^iruteui, Thai for Days after, on a Motion in the Houfe of Lord
fromfl
lfi»l.
^_9J-^^ G L A:N D, 447
from the Prince, it was ordere4, Tittt the Punifli- *"• V^J**^ "*
ment of Whipping, with all that belongs lo it,
to hz inflii^cd upon Edv^ard l.}ojdiy be lulpendcd
and fbiboro» umil the Pieafure of the Houfc be
further known ; the reft of the Punifl^raent lo be
executed according to the former Order. It was
alfo ordered, That» hereafter, when any CenfuTC
beyond Imprifonmctit be agreed on, that Judgment
thereupon be not then given, but on another Day,
or Sitting, thai Time may be taken to confider
thereof.
May 28, After reatJing fomc Bills, the Lord Trcafurer flood up and declared unto the Houfc, That. Yefterday his Majefty, adviiing with the Lordeof the Privy-Council, hath thought fit, and To has commanded him to tell them, to adjourn tlic Parliament, at this Time, for tl^fe Caufes.
1. ' The Seafon of the Year, by the Continu-TheKlng'sRea-
• ancc of this great Concourfc of People, may breed f^"*^ for adioum ■' Infection. ]"" """" '
2. * The Ufe that this Time of Ihe Year may' *, require to have the Lieutenants of the Counties, •- and the Juftices of Peace, in tlic Country.
3. * Becaufe the Courts of JVeflm'mlhr- Hall have ' not had their ordinary Proceedings this Seflion.
4. • For that the Profi:s of his JVlajefty'sRcve- ' nucsarc, as it were, at a Stand.
$. ' The Omiffion of the State.
* The Reafons why he will adjourn it rather
• .ihan prorogue it arc thcfe :
1, * For that the Adjournment keeps a Kind of
• Being in Parliament.
2. ' Whereas many good Bills are preferred and
• not as yet paft, the Adjournment rcfcrvcs them
• jn the fame State they now are. ■'"
3. * It will keep many Lawj in Continuance ■which will end with the Seflion, without a fpecial •jProvifioa be made for the fame.
4, • His Majcfty*s free and general Pardon is ' not yet prepared! which he intends 10 the better
• Son of People as well as to the mcaneft.
' Seeing
ing the Patlu- ment.
448 TZ"^ Tarliamentary HiSTO ry
i6»i. *•
5. ' Seeing there are fo many Bills exhibited, his Majefty cannot, in (0 Oiort a Time, apply
* his Mind to advife whicl) BiJls to aaept of &nd
* v»hich to refufc'
The Treaiurer added, * That, asinthisParJi:
* mcnt, his Majcfty hath already redccflcd i\
* Corrupiionsof the chief Courts of Juftice; a
* by bis Proclamation called in the Patent of Inr
* and HoflerieSi and forbidden Bills of Cbnfor
* mities, which were Things very grievous to i ' Subjei^ls; fo his Majcfty cherifhetb the Bills
* a^aiiift Informers, againft the Abufe of Super-* ' jedeas^ againft Msncps/Us, againft RccufantJ^ and
* for Limitation of Suits, with an Intent to per-
* fe<5l them. And, he alfo propofeth to rcfort
* divers Giievances to the People. * Wherefore, his Majefty's Pleafure is. Thai
* you perfe^ the A£ls in the Hoofc againft Satur*
* dof next, effiecially that of Sir y^M BennHi ' and hath appointed Sunday next, in the After-
* noon, to hear any Thing concerning othc
* Grievances. That on Mmd3y\ Junt the ' his Majcfty wi!! fend a Commiflion for the Ad-
* journmcntof this Parliament.* Then the Lord Treafurer reportci the BtTl
txttr^tirt^ the Ceftfry of this Realm from the ^ vile Pumjbment of Whipping ^ with an AmcDdmentI and Pxovifo ; which were all prcfently read, and the| Bill ordered to be cngrofted.
P0 Meridiem. Four Bills were read, and MeQbgc received from the Commons by Sir . riiSr'^^nS- '^^^'^^^'y and others, dcfiringa free Conferenc. w'by^* Com- with their Lordfhips on a MelVage they had re- awn, ceivcd from his Majcfty, touching the Adjourn- ment of this Parliament. Agreed: And iheTiR appoinred to he To-morrow Morning.
Majf 19. A Conference ; but the Report of i( ordered to he put off till the AfiemooD. Sere public and private Bills read.
Pif/i Maidietn. The Lord Trealurcr acquainted tfceHoule, That the Lords of the Privy- Council W attended his Majefty that Day, to v-iiom ha
JM>'
O/* E N G L A N D. 44^
had taken Notice, That after he hzd fignified hU/in^i^t^f^g^f^
Intention to both Houfo, for adjourning the Par- ' i6»i»
Itament, the Commons had prayed a Conference
and thereby a Petition to be made to his Majefty
for 2 longer Continuance of the Parliament;
to which the Lords as yet had returned no Anfwer.
His MaJKfty*s Commands are therefore, * That
« though he is willing to hearken to any Petition, ^^^ the King
* which fliall be made unto him by Parliament, rtfcnt»a»«i>c- ' yet, a Petition of this Nature cannot be plcafing"V"<"> fr™
* unto him ; it feeming to bea Derogation of his*"' **""£«>«. ' Prerogative, who hath the only Power to call,
' Adjourn and determine Parliaments. ' That, out of Favour to his People, his Ma-
* jefty had madeCh»ice rather to adjourn thePar- ' iiament than to prorogue it i and therefore his ' Majefty advifeih that a felefl Number of Bills *■may be chofen out, which he may pafs, and ei- ' ther make a Sefiion, or an Adjournment, at his ' Pleafure. In which his h-lajefty will advife wiih ' the Judges, Whether the Royal Aflent by Com-
* miflian to fome Bills, will put an End to a Scf- ' lion; or, by Adjournment, keep all other Bills
* on Foot in the izmc State as they now are. His Majcfty'3 turther Advice is, • That the
* Houfe do hasband well the Time ; for, on Men^
* day next, he determines to hold his Day cithef
* for the Adjournment or Prorogation of the Par- ' Iiament. His Pleafure is alfo, that ihofc Bills ' which have pafled both Houfes be Tent unto him
* before-hand, for the reft he will advife of after- ' wards. Laftly, That the Bufinefs of Sir Jfihri
* Bennet be haftened.' The Prince moved the Houfe, * That the Com- mon* might be made acquainted with his Majcfty's Pleafure, fignlfied by the Lord Treafurer; and of his Majelly's Advice to husband well the Time i and that if they have aiiy Thing more to fay un- to ilie King, thar they do attend his Majefty on Sunday next.'
On this Motion the Lords fent to ddire a Con- ference, prefently, With the other Houfe 5 which X?t V. F f being
4JO TheTarl'tametUAry H1ST0R.V
1
I I
Ao.i9.Jam«l. being agreed to, and the Lor^s returned from '**'• it was ordered, Tiiat Sir 'John Bennet be brought lo the Bar To morrow Morning, atNineo'Clock. Alay 30. Noiwiihftanding ihe b(l Order, we find that the firft Thing of Moment the Lords ■went upon this Day, was to hear ihu- Report of | the Earl of Hufitingdm^ one of the Committee appointed to take txaniinationa concerning Dr. Ficldy now Biihop of Latdaff* A CoUcsS^ion was made thereof, which, with divers Letters, fenc up by the Commons, concerning that Caufe, were de- livered by his Lordfhip into Court. The Bifhop having withdrawn himfelf out of Ptocrrdiftg* the Houfe, the King^s Serge-int, Cn^^ came to the
fl^r^f'uTifl- S'^""^''* '^^^'^> ^^^ 'â– ^^** ^^^ ^^^^ CoHcaion in hat
(vr Brocap: in A'<V^ .'
htihoy. « Edioard Egerton having a Suit in Chancery
with Sir Rowland Eg^rtmyhr Lands of good Va- lue; and, fuppofing he had fomc hard Mcafure thereii, was commended to Dr. Fields now Lord Bifhop of Lctitdaff'^ for the procuring of fomc great Friends to aflift him m this Caulc.'
' Upon Conference between Edward Egerton and the now Lord Bifhop about this Waiter, and to the End to procure fuch Afliftance and Fricnd- fhip, he acknowledged a Rccogniz-ance of io,oooI. to the Bifliop, and one Randolph Davinport^ a Gen- tleman bclunging to ihc laic Lord Chancellor j which was dated Mareh 13 th, in the i6th Vcat of I his Reign.'
• ' Wliereupon there was a Draught of a Defea- fance conceived, but not perfefttd, asit feems; by wliich it wrs ?gretd between them, That if, by Means or Mediation of the f;iid Commiflees, or cither of them, the faid Bgertoit (hould prevail, ci- llicr by Decree in Chaji(.ery, or at Common Law, to recover fo much of the antient Inhcfitaocc of the faid Edward, as is Oicntioned m the Defeafancc, then to pay the Lord Biftiop.or Davefiport, or ei- ther of them, 60OC 1. within two Years after/
-' Oh theijlh of March 1618, Dr. Eseld writes a Letter .to Edward Egerica, in the Nature of a
Dc-
^^Of England. 45t
tJefeafance of that Recognizance, which contain- An. iq.jaiant tth, that the Sum of 6oco I. is for Gratuities to '6ii. fuch honourable Kriends as ftiall be made m his Bu- finefs, if he recover, by the Power of tliofe Friendj, his aniient Inherirdnce; or, oiherwifc, a third Part of whatfocvcr fhal] be added to that which had been formerly awarded to the faid Edivard in Chan- cery. And ff nothing was done, then he promifed, in Virhe Sacenhtis^ to return the Recognizance/
' Alter this the Lord BiOiop writes another Let- ter, without Date, to Mr Egerion^ letting him know thereby, that there was a Stay made of de- creeing the Lord Chancellor's Award till next Term, by the Means of one of my Lord Chan- cellor's Gentlemen, who would have confer- red with Mr Egertofi, but thai his Leifure per- mitted him not then to do it i he therefore required fome further Warrant and Direftion to proceed in his Behalf. Un-ierneath this Letter one /^tW- ward^ Brother- in- Law to Mr. Egerton, writes this Poftlcript, That he thinks his Caufe will do well, and tha: he hath alTured the Gentleman he fliall find Mr^Egertan faithful in hisPromife, andwiih- eth he would write back to ff^otdward to ihat Pur- pofe/
* ffffsdward writes snoihcr'Lttter to Mr. EgfTtan without Date, letting him know, That Dr. Fu!d is forry my Lord hath not fent an Anfwcr as he ex- pedled, but that my Lord Chancellor fhall be mo- ved this Night for a Stay of ihe Decree v which he hopes to get by fuch Means as he (hall ufe; and that he hath allljrcd him Mr. Egertm would per- form his Promife.'
* Davtnpsn being examined in this High Court* touching? thcfharingihe6oool. betwixt him. But' hr^ the BiDiop, and others, faith. He himfelf ihould' have had nothing ; Butler was to have 2000 L' and locol. was thought fit to be given to the Lord Chancellor j but his Lordlhip knew not of it, and BittUr dited not to move it. Davfnfart and But- ler meant to have fhared that loool. For ihe- Glher 3000 1, he knew not how it {hould be fliarcd.^
•51 F f 1 The
TheVarl'iiimentary History
la.sf.7idciI.The Matter promired was a Letter from the Lord list. Admiral, 2nd a Reference &om the King to die Jx}rd Chancellor/
* Francis Joyntr being examined in this Cai;&» confcflcih, he was the Means to make Mr. EgerCcn and Dr. Field acquainted $ and that the Do^or had Conference with ButUr and Davenport about Mr. EgirtQn*^ Bufinefs j and that the Do£\or drew in the Lora Haddingun to be a Furthcrer of it. He Ipoke to the Recoj^nizance ; and that the Do^lor confellcd he was trufted from the Lord Haddi/igttnt znd [hat his Lordjhip was to difpofe of the Money at his Plcaiure.*
' Tr:/}ram tVcodward being likewife examined, confeiicd, Jajiner told him Dr. /iVi/had Friends at Court ; and how Mr. Egertm was drawn Co the Do^ior's Houfe. The Recognizance was taken for ^utkr and the Lord Hiiddingteii^ as he thinks ; but out of rt the Doftor cxpefted Recompcncci as he heard amonglt thcin : And confefled he wrote the Poltlcript to Dr. fi/Afs Letter fent to Mr, I EgirtmC
Mdiverd Egertm faith, ' That he agreed with Dr. Fi^y for the Recc^ixance, that he fhould have his Land decreed to him : That 6000 1, was to be paid on the P>cnt of the Suit, He was to pay the Money to Dr. Fdd and Davr-ipart ; but how mjch u^cli (liould have he bnoweih not. He further faid, Th^l IVoodioard^ hisBrother-in-Law, and Dr. Fitld piocured hicn to acknowledge the Rccogruzancc ; but he did not pay the Charge of it: That Dr. FiiU io\n him ht would bring him to one Butler, who would proctire an Order from n^y Lord Cliancellor fur his Relief in the Caufe ashewoulddefire; Theveupon the Doctor demand- ed a Recognizance of 10,00^)1. for Payment of 60CC 1. when this Lxaminkiiii Ihould have fuch aa Older from the Court as he defircd. The Recog- nizance wasenter'd according])' ; after which, this Examinant finding no Good [hereby, demanded back his Recognizance ; when, after many Delays, and a Yeai's Diftancc of Time, he had the fame
de-
i \
L
0/ E N G L A N D. 4i3
delivered, Laftly, That fVsodward told himDr.Aa.i^iaiiBil. Fitld, Captain Fiild his Brother, and Butler (houM »6*J' have fhared the Money amongft them ; but how, he knovveih not.'
Then the King's Sergeant read alfo the Proofs, which confifted of all the Letters and Examinations before mentioned. After which the Bifhop of Durham (z) ftood up, and, In a Speech, repeated the Manner how this Matter was firft complained of by the Commons lo this Houfe, with the feveral Proofs thereof : But added, * That fince there was nothing proved but an Iiiient, at the moft, he mo- ved that the Confidcration thereof be referred to the Lord Archbifhop of Canterbury, and he to give the Bi{bop an Admonition for the fame in the Con- vocation Houfe.'
The Archbifhop ^tf J then rofe up and faid» * That Dr Fieldt the now Bifhop of Lmdaff^ could not be excufed from Brocage in Bribery ; for which he was to blame : But hoped that he might bear his Fault as Dr. fiiU, and not as Bifhop of Lan- daff\ and that, if it was referred to him, he would do that which belongs unto him (i),*
Whereupon it was ordered. That the Affair of^';^^;^^^* the Lord Bifhop of Landaff ^<y^^ be referred tohythe ArchU. the Lord Archbifhop of Canterbury^ and ho to be "*"? <>' Cmter- admonifhed by his Giace in the Convocation Haufe, 5^t[°n7Ho^' before the Bifhops and Clergy there. The Lord* alfo talcing into ConfideTatton the Complain: of the Commons, touching this Matter, agreed upon a Meflage to be fent to that Houfe, to this Purpofe :
' Whereas the Houfe of Commons informed
this Houfe of a great Mifdemeanor committed by
Dr. fields now Bifhop of Landaffy and hath alfo
K f 3 feni
^i) Richard NfiU, who had himfcif been compklnod of by the CoBunorK, whu BiAt'p of Uneoln, for fame Expreffionc in the Houfe of lyuids, lendLog to advance tbc Prerogative Royal. Sm before, P. sgo. rt frf.
I i) T^c Sane wai aAed when Dr. Fit.'J was «aly % prnrntc Cler- fyrraa \ nor iea h (e^m to luive lajurtd hii Charaficr it Coutt t for, in the nnt R«ig<i. h? vn* removrd (9 St OaviiPtf »ni, •£• Mwardi, died Sifbi'f ot ttcrefv4, u the Year 1636. U Nevt*
7 he Tarliamentary History
^. 19. Junes i/ent fincc to demand Judgment in that Caufe ; the ifi;»i. Lords having taken fuUEx^tpination thereof upoa, Oaih, do not find it proved in ihe fame Mannec^ as. it feemSt they were informed by Examinations- taken in their Houfc. And, for further Satisfadlion of ihe Commons therein, iheir Lordfhips have fent them ihe Examination of Randolph Davenpott.*
Anfiaer. The Commons returned greac Thankf* fortheir Lord&ips honourable and juft Proceedings in the Caufe of the Lord Bifhop of Lcndaff', and for fending the Examination of Davenport \ by which ii doth appear, that his Examination, taken by ihem, doth differ much from that taken upon his Oaih before their Lordfliips.'
Then the Queftion was put, Wheiher the faid' Biihop fliould lake his Place in ihc Houfe before he ' received his Admonition from the Archbifhop, or* not ? Agreed, per phtres, that he (hould : Where- upon his Lordihip was cjlled in by the Genlleman- Uflicr, and went to his Place.— Thus ended the Affair of this Bifliop of Lmdufy of which there is not one fingle Word in If^iffofi'^ Life of King of Jameiy or in Rujhwirth't ColU^hm.
To proceed wiih the Jcvrnah . — The Earl
*'. of Hufitihgdun reported. That his Lordfhip, and
the other Lords joined in Commiflion with him^^ hud taken divers Examinations in the Caufe of Si; 'Jahn Bennet, Km. Judge of the Prerogative Court of the Province of Cautirbury-, hy which they find him guilty of much Bribery and Corruption ; of which a Collection was maoe, and his Lord- fhip delivered the fame to Mr. Sergeant Crew, The Earl of Sfiulhampten alfo made the like Re- port, and delivered tlie Examinations and Collec- tions ot the bribery and Corruptions, wherewith Sir Jchft Bennet was charged, to Mr. Attorney General.
Which CoUcfliona, with the Names of ihr-
Witncfits examined for Proof being read. Sir fahn
Btanct was brouf-ht to tiic Bar. The Kiiig'sScr-
- geanc opened ihe Charge againft him by Ihewing,
* That [he /"ai4 Sir John Bf/tnet, bchig a JudgCi
0/ E N G L A N D. 455
asaforefeid, and being dire(5ted by the Law whatAmis-'Jamnlr Fees to take for Probats of Wills, and unto whom iftii* to grant Letters of Adminiftration, he had per- verted the Courfe of Law for Bribes; and, being jsj^jj^ therewith corrupted, he granted Adminiftration sir jolm Bawtt contrary to Law. He charged the faid Sir John for Bribery uvi Bennet with ihefe particular Bribes and Corrup- ^"^P""* tions, and read the Examinations of the following Witnefies for Proof thereof.*
* Richard Luther 6\cd, i6ig, inteftate, with- out Iflue ; Abigail, his Widow, required Admini- ftration and paid 44. 1. But being oppofed by Tho- mas Luther^ a Brother, (he, at two fcveral Times* gave Sir John 44 1. more ; and yet he granted Ad- miniftration to her and thomas Luther jointly ; proved by the Examinations of Ihomas 7y(ery Jril' ham Owen, and Abigail the Widow, But before Sir John joined Thomas Luther in Adminiftration with the Widow, he promifed Sir John one hun- dred Pounds; and, after he was joined, he gave him 120 1, proved by Thomas Luther. For Al- lowance of the Adminiftra tor's Accompts, Sir John had 100 1, to diflribute amongft the Kindred of the Inteftate, and sol, for pious Ufes, and feemed difcontented he had not 50 1, more. Proved by John fVorfley and Abigail now his Wife.'
' ^///ww 5tfffffj/?tfr died inteftate, 1615. His Widow gave to Sir John Bennet 30 1. 16 s, for Adminiftration ; proved by the Examinations of William Richard/an and James GoodJbalL Hercules Wytbhm claiming to be Executor by Will, firft ^ve Sir John five Broad-Pieces ; then Samford, Sir JthtC% Man, undertook for twenty Pieces more to his Matter and two to himfelf, to procure him a good EnJijyhich End was againft the Will ; prov- ed by the Tixamination of Hercules Wytham?
' Sir William Whorevjood died feven Years paft, ^eld Whorewood, a younger Son, and a Daughter offered to prove a Will. Thomas Whorewood, the elder Brother, offered to prove a fecond Will. Bodfor, the Proftor, promifed Sir John 100 I. for his Hand to Fitld fVhorewood, nut paid only 34 1.
ta
4i6 The Tarliamentary History
, iMseii. ^o ^''"' ^"^^ ^ *■*° *^" ^*" Samford. Proved by
' liii. * Jthit Badfir, Thomas IVhrewoed, by Advice of
Samford^ gave Sir Jehn j8 I. yet Sir John gave
Sentence againll him. Proved by Thomas fVbore^
wocd and yohn Batkam.*
' George Sturges^ dying inteftate, Franch Star^ ges, his Kiurm;m,ofrert^Sir "Jshny for Adrainiftra- tion, 20 1. in Gold, whicli Sir John faid was too light ; then he gave htm 40 ]â– and had it granted. Proved by the Kxaminaiions of Rehert Davifs, Rebert Siurges^ and Robert Labourne*
' Philip Holman &ied 1619, FA;/j]^ his Son ex- hibited his Falher*s Will ; a Caveat being entered, he fent by Kehert twenty Pieces to Sir John Bennett which he accepted, and demanded 20 1, more, which Kehert prom'ifed but paid not. Proved by ^hiUp Holman and Richard Kehert^ Prodtor.'
* James Ungard died 161 8» inleftate i Jehti hJs Brother zMjama hisNcpliew contended for Ad- miniftration. For 50 I, paid Sir John and 5 1. to Samfirdt John the Brother obtatn'd it ; which_ afterwards, was revoked. Proved by IVMam Bajs^" Proftor.'
* Rjibert Seyers died 1619, inteftate, his Chil- dren Minors i Sirtan Packhurji gave Sir Jsbn^ byi Dire^on of Samfcrdy lo 1. for Adminiftration, durante minore jEtate ; which was revoked two Days before Packburfi was to have had a Caufe heard in Chancery, which concerned that EAatc. Proved by SVViam Baft, Proftor/
* Hewy Ryhy died intcftatc, 1620, John Ryliy fued for Adminiftr.ition ; liegavcSir^^A* Benfiet $\. dud Sir John procured irom Jshn Rylrf nine Rings let wiih Diainonds, which were pawned to the Intcdate tor 30 |. but were not worth ten. jfnthe* «T ^Jhicy and Thmm IVelb, two Kuifmcn of the Intedate, agreed with Samferd to give Sir John 30 1, and 10 I. to Samford, to get Sit Jaku to ot- ?cr them Part of the Inteftate^ Eftate. l^hcn be ordered rhem 300 1. which John Ryley was forced to pay, and the laid 40 1. for a Bribe to Sir 7**" ^nd his Man. Sir Jshn had, belides, a Piece of
Plate
0/- E N G L A N D. 457
Plate, which coft 4 1. 1 6 s. 6 d. to change the great ^°* »9rJ«»» <• Bond for true Adminiftration. Prov5 by y96n RyUy^ Anthony AfliUy^ and Thomas tVelh*
« Jane Cortie^ Widow, died inieftate, yet Francis Winfamh pretended a Will. Sir fshn received of WiUlam Pounds psttdentt Littj the Widow's next Kinfman, 40). to grant him Adniiniftration> which this Deponent paid. S\x John would not give it unlefs he might have ihal Sum. Proved by Lnvis Lajlbrcoh. The Deponent's Ad mini lira tors in Truft to perform her Will, for obtaining of Ad- miniftration, gave 50!. in Hand to Sir John, and their Bond to pay 50I. more, three Months after ^ and 25 8. for forbearing the laft 50 1. Proved by John Lewis and Rowland Johnjem*
The Day being far fpent, the Houfe was moved not to have any more read at that Time ; where- upon the Prifoner was withdrawn, and it was or- dered that he be brought there again To-morrow Morning.
A MelEgc ftom the Commons by Sir Edward Cecil and others.
* That the Houfe of Commons do dcfire a frecyhc CommoDi Conference touching the parliamentary Affairs of dcfire « Coftfc- ihe Kingdom ; which was agreed to by the Lords.' 'f^o"^''*^ Afterwards Sir Edward Ceclh with Leave, explam- cd hirafelf, ' That the Conference is defired to ac- commodate the Bufine^ of Pailiament before the Recefe.'
The Adjournment of the Houfe was put to the Quellion, Whether to eight of the Clock To- morrow Morning, or at nine ? Agreed, >/r p/«r«, to be eight.
May 31. This Day a Bill was brought into the Houfe of Lords, and read once, cniiiled. An A£l that this Parliament ftiall mt determine hy the King^s Royal Affent to lome fptiial A6ls. It was read a fe- cond Time, and the fame Day committed. Sonrw other private Bills being alfo read, the Houfe pro- ceeded in the Caufe of Sir John Binnet \ and the
Aw'
4i8 ne Tarl'tamentary History
aIl t9.'TamMl. Attorney Genera! charged him with the following 1611. Proofs :
' That he received of Mr. Meggs, on thcBchalF
of Mn. Pitt, forihe Continuance of Adminiftra-
FoTtfcer Pt©. [joji granted to her, and foujiht to be revoked, the
•^■■iT t*''"**. Sum of 4/71. 13 s. 4-d. Proved by the Exam i-
nation of Edwatd iViiUt.*
' He received of the Widow of Hugh irf, for Adminiftration of her Husband's Goods ; where- in file was crofTcd by a Caveat ^ pat in by the Means of $&mfsrd. Sir ^ohf^^ Man, 35 1. Proved by the faid Edward WiiUt:
*â– He received of Sir Edward Scot'ey, for the Ad- miniftration of his Father's Goods, lool Proved by Sir Edward Sccrey.^
' Heconiradtcd with EdmofidTP^aUon to have 20 1. for the Adminiftration of the Goods of John CI9- vii; and, the Money being brought, there fell 5 I. more out of his Pocket, cafually ; whereupon Sir Jchfj alio claimed that, and would not grant the Adminiftration otherwife. Proved by Edmund Walton:
* He received of Sir John Brandy for Admini- ftration of his Grand- Faxhet'a Goods, 50 1. and this was by way of CoulraA, Sir John preJfing to have more. Proved by Ihomas Newncm and Sir Robert Hucham:
* He took of WilHam Auchmore, for the Admi- niftration of the Goods of Philip Jufbmore, 15 1, proved by Richard WtUiamfm. And of Vmnas 4i-* len^ (or the Adminiftration of his Father's Goods, 5 1. Proved by the fame Witnefs,'
* He received c>\ ^olemtrnvA Jama ManfeU, for a Dividend out of their Brothers Efllate, 20 1, and then gave them 300 ]. out of an Eftare of 8000 !. having received from the Widow of the Intcftatc, asfiieconfeflcd, Kol. to the Intent thatheibould allot them no more. Proved by Sslsmou ManfeU:
*■He hnd of Samuel Nea/fy for his Favour in pro- ving a Nuncupative Will of J&hft Neajiy lol. and • * ^ five Pieces at another Time 3 and forced him to
pay
0/ E N G L A N D. 459
pay a Debt of S14I. xo one Fi&btrnf^ for wb!chAii.i9.>fMi]; Fipiborne had neither Speciality, nor fo much as a i<ii* Superfcription of the Teftator in his Book. Pro- ved by Samuel Neaft. He alfo received of the faid Samuel^ 60 1. for making a Report into the Court of Chancery. Proved by the fame.'
* He received of Hejier Mitchell, for Admini- ftration of the Goods of her Father, 20 1. Proved hyW^Wam Bafi:
* Flower Hifi/haWtWidow, died inteftate in 1 615, po0efled of a perfonalEllateof 11,2491. 25. yd. and for the grandng A^miniftration of the faid Goods to Benjamin Hanjhaw, he delivered unto Samferd zoo 1. of which he verily bclieveth ^irjahn Bennet had the greateft Fart ; beiides 90 1. 7 s. 7 d. to pious Ufep. Proved by the faid Benjamin*
* Andrew Moor, about two Years fince, died in- teftate ; the Adminiftration of whofe Goods was, by Confent of one Clarke, and others, granted to . the eldeft Brother of the faid Moor ; for which Sir John Bennet had 60 1. befides a Gratuity given to Samfird, Proved by JViMam Oland and Johft- Ode.'
* ILimphrey Rafcarroch, of Piniky, by his Will,- made Philippa, hisWife, Executrix, and died 1616 ; which Will being controverted, ftie firft gave ao old Angels to Sir John to have the faid WiU proved in common Form ; and, for Sentence, gave four Pounds. Proved by Richard WiUiamJbn*
* Dr. Thigh, 13. Jac. made his laft Will, died, and made Mary his Wife Executrix, upon Con- dition tbat {he diould prove the Will in due Form of Law. Mr. Thigh, Brother to the laid Doftor, could not have a Copy of the Will from Sir *John Bennety untill he had given hipi ten Pieces ; and afterwards, the faid Mr. Thigh having fpenta great Part of his Eftate about the Probat of the faid Will, and, being delayed therein, one Lyfter^ Sir John Bennefs Man, faid unto the faid Thigh, That if he would give his Mafter lOul. and a Gelding of 10 1. Value, befides lol. to himfelf, then his Mafter, $ir John Bennet, would fentence the Will for him.
Ihigb
460 The Parliamentary HisroKT
TUgh anfwered he could not provide fo much Mo- ney prcfenily, but he would give good Bonds for the Payment thereof. Lyiftr would not take the Bonds, and told the other, if he would not bring his Mafter 40 Pieces, that then Dr. Bancroft^ Bro- ther to the laid Executrix, fhould have Sentence. Whereupon he procured i; Pieces, and brought them to Sir 'John Btnnet ; who would not acce|< thereofi iaying, he would not take Paper for Gold. Upon this, Adminillraiion of ihe Goods of the faid l)r. Thigh was granted unto Mary his Widow, by the Procureroent of Dr. Bamroft ; and, Lyfter faid, that a hailing Prodtor had brought GoM from Bancroft^ which had overwcighed him. Proved by lyil&iim Thigh, Thomas StykSt and R'uhard Moxley:
' Sir Hemy MddUton^ Kiit. made his laft Will, and therein made David Middleten and Henry Mid» dUton his Son, Executors thereof. Mn MiddUton, Wife of the faid David^ did give 40 1, to Sir John B*nnet to have Adminiftration of the Goods of the faid Sir /Awry granted to her, during the Mino- rity of tile faid linry the Son. Proved by Richard WiUiam/iTt.'
' Mery Hawlrff fix Years ago, died inteftafe, poflefe'dof anErtatcworth 6 or 700 1. R^ert Han- bufy gave Sir John 6o\. or more, for the Admmi- il ration of the Goods< as was confefl'ed by y^Aft /fray, on hb Death- Bed. Proved by Jobtt Fen- wkk and EUzabtth Hawley.*
' Thai Mr. Ajhton, by ibe Hands o^ PhiBpKingj did give to Sir John Bgnnet's Lady, a Spanijh Carco- net, or Girdle, about the Value of 100 Marks, for the Kindnefs he had received from Sir "John Bennet in an Adminiftration. Proved by Philip King,*
' That Richard Hatvley, about five Years fince» dying incefhte, and the Adminiflraiion of hn Goods being granted 10 one Kenhury, during the Minority of his Children, Sir Jshn had 20 I. or 20 Pieces given him by the faid Ktnbury. Proved by Tkmsi Gtar*
^'Qccrgt
I
^!».
L
' Georgi StarUty in 1 615, died inteftate : Sir John aq. 19. jttaatV would not grant Adminiftcaiion of his Effects unto i^»<* Petir StarUt, untill tbe faid Piter had given him 10 1, in Gold, in Hand, and 5 1. more to be paid fliortly after ; and it was paid accordingly. Proved by Peter Scarlet,"
The Attorney General having read this Charge, the Lord Chief Juftice demanded of Sir John Btn- net what Anfwer he would make 10 the fame; who fpokeas follows:
/Came^ in all HumiUir, to preftrati myfilf at youTfj-n Deftncc. L&rdfhipi Feet \ if your Lordjbips expiU a fpetdy and pirfeti Anfwer^ at this Ttme^ I hspe ym will excuje m*t as biini furprized with ptcb a lempeft cf A^ciions.
The Particulars 0/ my Atijwer mu/l ran thro' the Campa/s of nineteen Yean, tl}e whole Tvne of my being Judge of the Prerogative Court of Canter- bury i whick doth tmfirain me to befeeeh your Lord' fliipi to give me fome Ttnie, nfit only ta tail to Mind the Atli of Judicature of nty own Court, hut alfi to confer with ethers.
I humbfy deftre to hove a Copy of ttty Charge, aad, what I am jufthf charged with^ f will cmfefSy after 1 have had Time to confider thtresf. Ihfe whereof i am otherwije auufed^ as of manyy 1 defirty as by the Law of Natims I ought y to have Liberty to per~ ufe the Atcufations fa exlnbitedy to u/e crofs Interro- gatoriesy to procure fyitnejjes to be examtnedy and to have Council allowed me.
Ltijlhy 1 humbly beg at your Lordfh'ip^ HandSy even for JtiHice fake. Time proportionak^ to the Multi- tude of thefi AccufatianS to make my Anjwer ; and / ihubt nst fi> to extenuate them aUy that when your Lordjhipi Jhall fee and eonfider the Ground of (hem, you will not hold me Jo fouJ and guilty a Man at I am accufed for.
I am the firji EcckfiajHcal Officer charged in thit Manner-^ and whereas 1 am actufed of taking Mo* ney to pious Ufes^ amounting to a great Sum, I will engage my Vfe^ thaty upon Prochmativn made fhere*
PuJiuncatj
4^2 7he 'Parliamentary Hi story
Aft* 19. JiTO*i 1. 5^» ^rooj cannot he produced cf 4000 /. whUh is net i6"- aiove 200/. per Annum, ever fince 1 was Judge i whereof^ if I cannot give a goea Account^ I wiU beg my Bread all my life.
- The Prifoner being removed, the Houfe took into iheir Confideracion thefe Requcfts of Sir John Bennet; and, after Deliberation thereof, iheir Lord- ftiips were pleafcd to grant the fame, thus far, fiz. * I. That he ihall have Time till the next Ac- Heiri^*[h"reof ^^^? ^^ P.-^rliamect to make hi? Defence. 2. Coun- poflpon'dto thed'?lo advife with only ; but no Council here in B«:Ac«&<.r Court to defend his Csufe- 3. Liberty to exa- mine Witnefie?, ex fua Parte; but not to examine any upon crofs Intcrfogatorics ; and hisWimcfles to be fworn in this Court, upon fuch Interrogato- ries as he fh^ill deliver and the Court allow. 4. To have Copies of the Heads of the Charge ; but no Names of any Witncflcs or Proofs. 5. To have Leive at the Hearing to take Exceptions unto the Witnen'cs produced agatnft him ; and their Names are to be deUvered to him at ihiit Time. 6. Li- berty to fearch the Records of his own Courts and hi3 own Writings,' And he ii admit- ^^ wasalfo Ordered, • That Sir Jo^fl Bennet n\2j ted Co Bail. be admitted to Bail, on zo,ooo !. Bond, to be ta- ken in Court, with fuch Sureties as the Court fhall allow of; and, if he Cannot procure fuch Bail, then to remain Piifoner with the Sheriff? of London' ' ' The PrifoTier being called in again, and at the Bar, the Lord Ciiief Juftice told htm how far the Lords had granted bisRequtfts ; and atlb that their Lordthips wereplcafed he fhoiild be bailed as above. The Chief |ui^itc did alfo admonifh Inm not to impair iiis^EftiHtr, but that it remain in the fame Plight as when he was firft complaintd of in Court : Likewifcto fatisty Mn;, Scsrey for iiool. which he had of her .Money, left with him as a Dcpofir ; and lo pay G\{ tlie loopl. which remain; in his Hands of Sir Thmas Bsdiffs Legacy to the Uni7erli;y of 0»fsrd, '• -o ■*»
Urtio whfch Sir J^hn anfwered, /do acknotuledgg the bdmrahlt Favwr ef thii Cmrt^ in tH Cosdnifi
I
Of ENGLAND. 465
4iHd Graa of Ccd to put mt into ycur HatidSy and fm, 19. jmeii, tbefe Favours tozvards me into your Hearts. Mrs. 1611. Scprey'i Money I cmfefi due, and wil/^ive her Sa- tiifa^io/t for the fame. Ji far the ether 1000 /. / have performed as much as Sir Thomas Boiky re- quired i having hid tut other Monies for the Univer- ftty of Oxford, which I intended to have done, w/ia/- fot-vcr I may da yet^ had not thejc aof Aliiforf^nes happened.
Js for my Bail ; / am in Debt and Difirete^ and douht whether lean procure Bail to enter into fo g. t a Sum. / humbly befstch your Lordjhips that myfelf may be bound in icoo/. and my Sureties in looo/, more.
The Prilbner being withdrawn, it was put to the Queftion> Whether the former Order touching his B^il (hould ftaiid, or bealtered according to his Re- queft ? And it was agreed the Order ihould ftand.
The fame Day the Lord Trcafurer reported llie Conference With the Commons, Yefterday in the J^^'J^;^^^ Afternoon; wherein his Loidfliip fhewed howadjouminaiiie lively they exprcfied tlie Sorrow of that Houfe for^''^^'^™=''^ the Adjournment of the Parliament. * Three Thing? at the Conference he panicularly remem- bred : i. I'heir Time and Diligence employed ia* this Parliament. 2. The Matter of Importance there handled. 3. Their Defire to huve finlfliedi ihcm ; with an Enumeration of a Mafs of Bufiiiefs which they have entered into. They alfo expref- fed their Grief and PalTion, that they could not perform whal they had promised for ihe Good of the Common-Wealth, and their eaincft Dcfirc that the like Correfpondency might be held between ihem, which had lubfifted all ihis Pailiament. They detired to know how Bil3s red with us, that we may alfo learn how Bills are with ihem» to the end fuch Bills may be prepared as arc fiircft to pitfs 1 and thai we may advife together what Courfe is to be taken, not only touching the Bills, but alfo fuch other Matters as they have now in Hand-'
The Lords then fenta Meflage'io the Cominonsyj
to
L
4^4 The Tar tiamefJtaty Hi BTOv^r
Ai.i9.Jaraei I. to dcHre another Meeting and free Conference with »•»'• them about the fame Subject. At the fame Time ihey fent down lo them the Bill touching the Ad- journment of the Parliament, which they had paP fed, and fpccrally recommended it to be expedited with all pofTible Haile in their Houfe. Thia was a Bill of a very extraordinary Nature ; but there wa» no Occafion for it, as will appear in the Sequel.
May 31 . pofi Meridiem. After one Bill was read a third Time, 7hat the Cauniy Palotin* of Dur* ham fi>suld have Kmghts, Citizem^ and Burgffit to /trvt m the Commons Hmft ef Parliamenty it was put to the Queftion, and aflcntcd to; but it did not ai this Time pafs into a Law (e).
The Lords then confidered that they were to meet the Commons, at a Conference, that AFier^ noon 1 and it was agreed, That, if the other Houfe (liould make any new Propofitions, to give them no Anfwcr at that Time, but to confider thereof. It was alfo agreed, That the Lord Trealurerfbould rcjiort to them the State of the Bills, as they ftand here, and to require the fame Account from their Houfe i to the end that thofe Bills may be prepa- red for the King*9 Ailent, which are moft neceflary^ Like wife to make Report to the Houfe of rhisCoa-i ference. Accordingly,
The Lords being returned from the faid Confe- rence, ihe Lord Treafurer reported the fame, • That, after each Houfe had acquainted the other with the State of the Bills, the Commoiu defiied to have no Royal Aflent to any Bills at this Time j becaufe they do not know which to choofe or pre- fer before another. They gave alfo many Reafona to havean Adjournment without the Roy^il Aflent i and defiredthat the Parlidment might be fo adjourn- ed, as that each Houfe may have Power to accom- niodatc Bufinefs againft the next Acccfs.'
(e) By Stmt. £ J, Car. XL C^p. 9. the County of t>vrbam is en- abied 10 fend iwo Mcml«rj, and the Oty two. The EIcAron of the County to be m in other Caantiet : The EIcAion fur the City to be by the oujor Put of :he Miyor, Al<lerBKn^ knd Fioematpre- Icot «t the Elcitiox
&f E N G L A N D. 465
- A Motion was mide, that the Judges be ordered ad. 19. jamet'^ to dillint!ui(h between ihe AdjournmeDi of a Par- j6»i. liament bv the King, and an Adjournment by the Houles. Whereupon the Attorney General came to tbe Clerk's Tiible, and read the Precedents of the 27th of Elixaheth^ for the Adioumment of a . Parliament by the Queen's Commiflion : And, ha- ving many more Precedents to read of the like Nature, it was ordered that they fhould be read the next Morning : Alfo the Lords> who were the Sub- committee (or Cuftoms and Piivileges, were or- dered to fearch the Records for Precedents of the Form and Manner of Adjournmentsot Parliament.
June I. After I'everal Petitions were read, and fomeoihcrBulinefsditne, the Atlorney General read dii'ets more Precedents, out of the Journals, of the Forms for Adjournments of Parliaments. He (hewed the Diifercnce between an Adjournment *''''^=«''*«'^- and P.oroi^ation ; and that the Word Prcrogare is|;^':,:^,^,t ^ oftentimes ufed for Mjcurnare \ but the latter Proro^itiotf. Word never for the former. Hefhewed alfo, that a Parliament being adjourned by the Houfe, all Committees were ftil! of Force, and the Bills re- main in Statu qwj priuSi but an Adjournment, by Commiflion from the King, determines all Com- mittees, and they ceafe till the next Sitting of the Court ; hut the Bills arc prcfervcd in Statu qtiopr'ms.
Then the Books and Writings belonging to the Gold and Silver-Thread Affair, which were found in theOfficekepl for executing thai Commiflion, and brought into Parliament, were ordered to be deli- vered back to Sir Edward Viiian. And it was alfo ordcr'd, That it be hgnified to the Commons, that the Lords do fii.d liim clear of thofe Matters, racn- (ioncc by them in their Declaration.
The Lord Chief Juftice Wiis ordered to admit Sir Jskn Bcnnet to B.iil, tor his Appearance there at l^.e next Accefs of P..rliameni ; himfelf to be bound in 70^0 1- Bond, and tea Gentlemen, nine of which were Knights, in 1200 1. each.
Jitm i. It waf ordered that iiixff^tllhmBirti,Krit. Di«'lor of Laws, fluU execute the Place of Judge
Vol. V. G g of
The Kind's Sf ccch ra the hciii, (Ml t)uC
466 TheTarl'tamefttary'Hisro-Bir
'An. ig.Umeii.of^ ^^^ Prerogative Court of Canttrbury^ in Stead i6si. of Sir Jchn Bennet ; but the Feesand Profits there- of to be anfwered to the faid Sir John.
One Kehert having informed the Lordsof many Corruptions againft Sir "John Benmt^ and offered to produce Proofs of many more, by the next Sit- ting of the Parliament, fears he ftiall be arrefted, or othcrwifc deprived of his Liberty in the mean Time. It was ordered, ' That the iaid Kehert fhall not be arretted or confined for Debt, or olfaer- wife ; but if he be called iacforc the High Com- miflion Court, he (hall appear and anfwer to fuch Matters as fhall be objefted againfl him, fo as be be not reftrained of his Liberty.*
7'hi5 Day the King came to the Houfc, and, in a Speech to the Lords, took Notice, ' Thai upon Monday laft he fent a Meilage to them, and ano- ther to the Commons, declaring his Royal Plca- fure for the Adjournment of the Parliament, and the Rcafons thereof. He ^ve ihem Thanks for their Obedience to the Meflage, and the Acknow- ledgement of the King's Power to call, adjourn, and diflblve Parliaments : For not joinii^ with the CommonsinaPclition tohisMajcfty, asthey defired, for a Non- Adjournment at this Time : AKo for leaving the Form of the Adjournment unto him ; and for expediting the Bill which his Majefty lent touching the Adjournment. ' His Majeily a!fo took Notice of the Form of Adjoummcn:, difcuffcd in that Houfe Ycfterday, and that the Opinions of the Judges are. That the Adjournment by the King keeps the Parlia- ment in Statu qus prius untill the next Sitting; but (hat then no Committees weic to meet : But if the Adjournment be by the Houfe, then the Committees nnd other Matters do continue- That, in thefe Matters, the Judges and his At- torney are to be heard in that Houfc ; but yet the Privileges and Liberties of the Lords were to be maintained, and no Ways abridged. ' That out of princely Care to his People he gave much longer Warning of this Adjournment, than
* any
i
I J
br ENGLAND. 4^7
Bny of his PrcdeceiTors had done, to the end that Aji, 19. Jimeil. fuch Bills as were moft material 10 the Com- >6»i' mon-Wcallh, might, in the mean Time, be ex- pedited ; cfpecially againll Informers, ar.d Writs
* of Superfedeas and Ctrthrari: But his Majefty
* firft demanding the Opinions of the Judges, they
* faid, he could do himfelf whic ihofe two Bills
* required.
• That whereas fome fey, A^* Good hath been
* dene tins ParHamen:, and Jlmll they fo return ?
* His Majefty put the Lords in mind of the two
* Patents grievous 10 the Com mon-Wealth , of Inns ' and Gold and Silver-Thread, called in by him ; ,* and alrb this Parliament had cenfured the late
' Lord ChaiKcUor ; which is an Example to all
* other Judges.
* He affirmed. That had the Commons made
* an humble Anfwer 10 him on the Adjournmcni, ' he would have granted them ten Days longer ; ' but now he would not yield to their Requeft :
* Yet, if the Lords thought that ?ight or ten Days
* more will expedite thofc Bills that be now in the
* Houfe, he will grant it.' Then his Majefty was pleafed to go into his
Drawing- Room, that the Lords might more freely difcufs this Matter amongft themfelvcs. And, ta- king it into Corfidcraiion, they thought fit to ad- vife with the Commons alfo therein i and fcnt a Meflage to them to defirc a free Conference with their whole Houfe, prefently, in the Painted' Chamber^ on Matters of great Importance, where- in no Time was to be loft.
The King being rcturnedj the Lords humbly thanked his Majefty for his gracious and free Of- fer i acquainted him with the McfTage they had juft fent to the Commons i and bcfought him to en- large his Offer to this Day Forthnight. The King granted their Rcqueft, with this Caution, * That It
* be underftood to be his own free Offer to give
* this Eledlion to the People, either to have an
* Adjournment, or a longer Time to pais fome
* Bills, and fo to make a Seflion.*
^k O g 2 Fsji
468 The'ParliamHtary'iiisroKr
An. 19. jamesi. P'lfl Meridiem, The Lords went to the Confe- ' tilt. Terence ; and, being returned, the Lord Treafurer reported to the Houfe : ' That the Lords having acquainted the Commons with his Majefty's free Grant of a Choice, Whether the Parliament ftiould be adjourned On the 4th Inftant, or continued for a Forthnight longer, and then prorogued ? The Commons having confidered of it, did acknowledge his Majefty's Power to call, adjourn, prorogue, and ' diflblve Parliaments, and his Majefty's Grace and Favour in granting this Eleftion ; for which they defired the Lords to join with them in grateful Thankfulnefs to the King.*
* TheirhumbleDcfirealfois,Thatitwouldpleafe his Majefty to adjourn the Parliament, the Form whereof they leave to to him ; becaufe they have difcharged their Committees, which they cannot now reco!le£t fo fuddenly ; neither will that Time fuffice to bring to EiFeft the Affairs of great Im- portance which they had in Hand. They defired alfo to prefcnt his Majefty, with the Lords, three Both Houfo de- Petitions ; lirft, for Matters of Trade, that is, that fire an Adjourn- Manufafturcs may bediftributed to the feveral Out- ment only. p^^.^^ ^^ ^j^^ Kingdom ; Money not to be exported cut of the Realm ; that Ordnance may not be tran- fported ; laftly, they again renewed their former Requert, that both the Houfes may join in their Thanks to his Majefty.'
Then the Lords lent another Meftage to the Commons, to acq-iaint them, That they had con- fidered of their Requefl, and had appointed a Com- mittee of twelve Lords to join with a Committee of their Houfe to prefent it lo his Majefty that Af- ternoon, if he would be plcafeci to admit them to his Prefcnce.' The Lords humbly defired his Royal Highnels the Prince to prefent their Thanks to his Majefty ; and the Archbirtiop of Canterbury was appointed, by joint Content, lo deliver the Requefts of Lords and Commons to liim at the fame 'I'imei Adjourned to Aienday.
Ju/!e 4. After fome other Bufinefs of lefs Mo- ment was done, the Lord Archbifliop of Catiter-
bitrj
Of ENGLAND. 4-^5)
Awy reported to tlie Lords, < That Yefterday, 10^0. 19. JumjI*, the Afternoon, the Committee of the Lords, ac- \(au companied with ihac horn the Commons, accor- ding to the Order of the Hout'e, attended his Ma* jefty; where it picafcd the Princess Highnefs to prefent unto him the humble Thanks of both Houlcs, for the Choice his Majcfty gave them of an Adjournment, or a Prorogation, of the Pailia* ment.*
' Thai ilien his Grace made known to his Ma- Jefty the Elcilion of the Commons, viz. an Ad- journment, with their Reafons forihc fame; and alfo prefented unto him the three Petitions, recom- mended by the Commons: 1. Touching new Manufaflures to be equally diftrtbutcd to the Out- Parts of the Kingdom. 2. Concerning Bullion and Coin to be prcicrvcd in the Land. 3. Touch- ing Iron Ordnance not to be exported.* -
* That his Majcfty gracioully accepted the
* Thanks from both Houfes; and notwilhftand-'pj,pKj„g,j, ' ing ihAt he called to Mind the Commons em-jomn* ihem
* braced not, as they ought to have done, his ma- ^"ordmgly,
* ny Admonitions to expedite good Laws ; and
* that they disputed the Rcafons which he gave o£ ' the Adjournment of this Parliament, (all Power ' being in him to call, adjourn, prorogue, and dif- ' folvc Parliaments) yet his Majelly was picafcd,
* accoi ding to ;he Choice the Commons had made, ' to adjourn this Parliament at this Time ; llie
* fame to begin again in November next. In the ' mean 'fimt- he will, by his own Auihority, re- ' drelis the Abufcsot Informers, and Writs of Su-
* ptrftiiiiis and Certi$r,iri'^ which were intended
* to be reformed by the two Biib more efpecially
* rccommende«i by him-'
- * That his Majefly's AnfwcK to the three Pe-
* tilionsof the Commons were: Tothc firft,con-
* CcrnJnp; the Enlargement or Difperfing of new
* Manuf.i£hircs, which he never heard of before,
* he will confider thereof v/iih his Council. To
* the lecond, touching Uulliun and Coin, his Ma-
G s 3 * Jcfty
470 The Tarliamentary Hi s t o r. y
Afu 19. Jwaeil. * jc^y would alfo adviie with his Council , and r«- a6»i. • drefe it- And to the laft, about OrdnaiKe, feme
* Care had been taker already, and more (hould
* be hereafter.* ^ * Then his Grace prefented his Majefly the hear- ty Prayers of both Houfes, unto CJod, for his long Life and Profpcriry. Arid the King, as general Bifliop of tbc Land, did then alio offer his Prayers to God for both Houfes. Finally, he admonifhed them, * That at their Return into the Country,
* they give his People good SarisfatSion, both fbp?
* the Proceedings and Adjournment of this Pai^' ' Ijament.'
According to an Order, made y^*^^ 2. the Judges delivered their Opinions touching the Privileges of the Houfc of I^rds during the Seffion of Parliament t ' But,becaufe it had rot happened to their Knowledge, that ever the Houfe was adjourned for fo long a Time, as now it was intended to be s they could not fattsfy their Lordfhipsof any Precedent, for the Continuance of their Privileges during all the Time 0/ this long Cefiation.
Whereupon their Lordfhips delivered their Opi- nions, * That the Lords do know that the Privi- leges of ihemfclves, their Servants and Follower^' do continue, notwithftai,ding the Adjournment of Parliament ; and do adjudge the fame 10 be obfer- ved in all Paints accordingly.' Ordered, That this Declaration fhall be entered in the JmfncU, and a Copy of it fcnt :o both the Compters to be puhlifhed.
Jcbn Cranfitliy a Prifoner in the Fleet, bad been accufed for fpeakmg m:my ignominious- snd bale "IVords againlt the Prince and Princefs Ptiiatine znd the Lords of P.-irliament. A Committee had alfo bfen appointed to examine into (he Truth of this Matter ; and now ihe Archbilhop repoi'ted from it. That they had examined divers Witncffes; whicli Examinations were read. Ordered, That ihc Warden of the Fu-et fhall keep the faid CranfieU ' Prifoner thercs lo that he may be brought before
the
C^ E N G L A N D. 471
the Houfe at the next Sitting of it, to be cenfuredAn. ij.jmieiL for his great Miftlemeanours. i6»i.
A Petition of feveral Perfons, now or late, Pri- foners in the Fliet, were readi complaining of great Wrongs, Violences and barbarous Ufage in the Warden of the faid Prifon towards them, £5V, Alixandir Harrisy the Warden, was brought to the Bit, when ihe Lord Chief Juftice toid him of his Mifderaeanours, and commanded him to ufe his Prifoners well according to his Doty. Af- terwards he was bound in 2000 1. Bond for bis Appearance at the next Sitting of the Parliament.
It was ordered, That the Lords Sub-Commit- tees, as prii^ate Lords, may dillribure the Money in the Poormen's Box ; and the Money gathered from the Houfe towards the Pains of divers Gen- tlemen employed in fearching Records. The ab- fent Lords to pay as much as ihe prefent, viz. each Earl or Vifcount 4.0 s. and each Bilhop and Baron, 20 s.
After thcfe Orders, ^t, were finifhed,hia Royal Highnefs the Prince, who, as we have obferved be- fbic, never mifled one Day*s Attendance all this long Seflion, produced tlie King's Comraiflion for the Adjournment of the Parliament. It was di- refted to himfelf and many other Lords, in the^^*''^*'*^ ufijal Form, except one Claufc, viz. SciaiU Www ^''^'"""""'' ^md NoSy pro diverfn certis urgentibui Caufts et Cm'- fidiTatimibui Noi fiedaliter mtfuntibm^ pradi^um Pdrliamentum nojirunt^ et omnes Caufas et Mate- rias inccptas, et non adhuc terminaias, ailjournandum duximus. By virtue of this Commidion, the Com- mUTioners adjourneJ the Parliament to the 14th of Nosjember next enfuing. The Lord Chief Baron, with other Judges, were fent to the Commons with the fame Inftrument, and wilhall to dcUver this Mcflage :
' VVe are commanded to fignify unto you, That
* his M^ijefty's Pleafure is. That ali Committees,
* Matters, and Bulincfs of Parliament, ihall reft ' In the Sta:e as ihey now are, untill the next i Meeting.'
473 TheTarlsatnentaryHisroKr
~fc^j?^ftttt ff^'l/^ and Rujhivorth both inform us, That the ' mi. Houfc of Commons, immediately before Iheir Re- cefs, look into Confideration again the Affair of ihe Pdktinate. And, left the Slacknefs Ihcwn m it ftiOuld bo laid la them, they, unanionoufly, agreed to draw up a Declaration of their Scntimenis in this Matter.
The Morion for this Dcclaniion was made in the Houfe of Commons by Sit Jamet Perm ; who fnid, * That fince his Maj^fty, at the Begin- ning of this Parltr.meni, had mnde a Proteft^t^on* to adventure himfelf, his Son, and all his Kftate for ihe Recovery of the PahlinftUi we ought to make a public Declaration alfo, th:u at oiir^ next Accefs, we will, if the King require it, adventuie ourfelves and all our Eftates :o the fame Purpofe : Which Kcfoluiion, he hoped, when known abroad^ would greatly ficilit-ite his Mnjelty'sTteatics with foreign Princes/
This Motion w^^b fccnnded hy fcver.il other Members; parciculHrly Sir Robert PiAiUpi, whp> faid, ' They ou"^ht to declare, that if his Majefty ftiall not, by Pcke, obtain ihe Settlement of iru'e Rehgion, with the Rcftiruticnof the Ptihtinatf^ they would all undcrr^ke for the feveral Siiircs and Places for which ihcv fcrved, to adventure all rhcir Fortunes, Lives, and Eftate?, for iholc Services/ And, upon the S|waker's Moijoh of thi?, every Member Oiewcd his Apnrobaiioni by Acclama- tions, Wsvirg of Huts ts'f
A Comtniiiee \\as immedi-nely I'ppoinled, who withdrew lo draw up a Form of a Dt-cKtration j which beir^ read and approved on, the Speaker was ordered lo leave a Copy of it with the King, as a Teftimony of ihcir Duty ; and every Member took another Copy to carry awav with him. The Dccl;iraiion w.\s in thcfe Words:
ThtOmapr^m T'-'^f C^mmsftJ fipmbUd in 'ParVtatneHi taking TVcLtration for -» hno rnsji ffioaf ConJlderal'iOfi the prcfent State
â– 'â– "" ^ ttd J^ale of the true Profejfsrs of the Jhme Cbrifhan
RfiiSJWa
tL
0/ E N G L A N D. 4-3
R<iigm, proffffed by the Church 0/ England, i« Fa- ^n. 19. j^ma I. rtign Parts ; aad biing touehid with a true Sen/e i6»i. and Felkw-Fesiing of their DiflreJJii^ as Members •f the fame Bady, do with unanimous Csnfent in the ^ame of tktmfehes^ and the whole Body of the King- dom {whom they repre/ent) dalare unto his mcfi £*- ceUent Majejh^ and to tktwhsletVcrldy thtir hearty Grief and Sorrow fvr the fame ; and ds mt onfy join with them in their bumble and devout Prayers unts Almighty God^ to prote£i his true Churchy and ta evert the Dangers new threatened ; but alfi with ene Heart and f^eiff do Jokmnly proiefl, that if his Ma- jefifs piius Endeavours, by Treaty, to procure tlfir Pc-ate and Safety, /hall not take that go&d EffeR which is defired in Ireaty j [whereof they humbly befeeeh his Majejly not to fuffer any longer Delay) that thev^ upM Signification cfhis Majeflfs Pleafure in Parliament, they Jhall be ready, to the utmoji of their Potverii hrh with their L,vcs and F&rtunei, to ajpfl him\. fo as, Irf the Divine Help of Almighty Godi [which is never wanting utito thoje, who, in his Fear, Jhall undertake the Defence of his own Caufe) he may be ahU to do that with his Sxuord^ which by a peaceable Cntrfe fhali mt be tffeiied,
Wilfm wriies, ' Thst the Kinf^ look this De-w!ikhij agree, tlaration of ibc Commons in very good Part,- and ^*'l*^^"^^'^**^* intended, « hen Occafion fhould irrve, lo make a right Uic of ill For ay lie found ihem forivard enougli to bfgin a War, fo he knew his own Con- flitution hnckward enough, though ihe Sword was in his Hr-ncl ; hut did forcfcc an Advantage ^rifing from a Medium hetween the Parliament and him, if he rould bring his Defigns ahout. This, our Author tells us, he put in Practice ibme Time af- ter, hut the-Pfojeit broke all to Pieces in the At- tempt {d). '
There is no Occafion to trouble the Readfr with any Rc-fleftions on the late Proceedings in Pailiamcutj Udcc they fufficicnUy explain them- '
felv^s.
(0 Wll^ in Kt%%tt^ P. 7i8.
474 Th^ Parliamentary Hi sroKT
A«. i9-jM«l. fclves. They prove, however, that Corruptions i6ai. in Minifters, and other great OHicers of Suie, are no new Things: And it is to be wifti'd that Par- liaments, in later Times, bad more ttequently applt cd ihemlelvefi to the reforming flich Abiifcs, with the fame honcft Zeal and Sleadir.eli as ttieir Fore- fathers.
Hitherto, in this Reign, Things have gone in a feenning peaceable Way, between Prince and Peo- ple : The Parliament no iooner complained of it Grievance, but the King thought fit to redrefs it j and every Ofiender, they maik'a out in thofe Abu- iesy vfas given up to public JulUcs.
The Hiftorian of this Reign (f) tells us. That in ibis very Parliament, the King carried all Thinga with a full Sail; the Pilots of the Common- Wealth having an Eye to the Dangers thai lay in the Way. Thai, in both Houfcs, the King had 9 ftrong Party, efpecially in the Houfc of Lords ^ all iJie Courti^s and moft of the Bijhspi fteared by his Cor-ipafs. The Prince's Prefcncc alfo, wha was a conftant Member, did cad an Awe amongft pjany of them i yet, he adds, there were fome gal- lant Spiiits that aimed at the public Liberty mor^ than their own Intereft. If any Thing was fpo- kcn in the Houfc, that did in the leaft reflet upon theGovernment, or touch, as theCouriicfsihought, that wit me tangirty the Prerogative ; thofe that moved it were fnap'd up by them, though many Times they met with ftour Encounters at their own Weapons. The principal of thefe were, con- tinues our Authority, HenryY.^x\ of Oxford, Hen- iy Earl of Southampton^ Rskrt Earl of EJJ'iXy Ro- ifiTt Earl of IVarmciy the Lord Say^ Sie Lord Spenw, and divers others, that fupported the old Englijh Honour, and would QOt let il fall to the Ground ( /*).
We need not dcfcant upon the Partiality of this Writer, iince the foregoing Inquiries into Parlia- mentary
-{«) Wi^n in KenKct,
{/) Ihtd. P. 736.1 — ■Raf:n demotes the Oripn of Whip vM Torie» fnm tjiis Patliamcat, \a hia PilTemtMi 00 U^
I
mentaty Proceedings, from undoubted Authorities, ao. 19. Jtrnu l« may fiicw that the old Englijh Honour, as he terms »6»i. if, vpas in no fuch Danger of falling; except in the Indolence of the King and Government to re- venge foreign Allauits, and the not carrying on a War to fupport the unhappy Palatine Family: For every Grievance, hitherto complained of by the Commons, was redrefled v and, during this Re- ccfs of Parliament, if we may believe Rv/bwortby the King effc^ually made good his Promifc to them, in clearing away every Thing that might give Offence to the moft zealous Patriots. The CslUSfor^s own Words will belt evince the Truth of this Afl'ertion.
* After the Recefe of Parliament, the King, by Proclamation, declared hisGrace tohisSubjeftsin Matters of public Grievance : And taking Notice thai many great Affiiirs, debated in Parliament, could not be brought to Perfeftion in fb (hort a Time, -and that the Commons thought it conve- nient to continue the fame Seflion in Courfe of Adjournment ; and withall obferving, that divers of thofe Particulars required a fpeedy Determina- tion and Settlement for his People's Good ; and that they are of that Condition and -Quality, as that he needelh not the Affiftance of Parliament to reform the fame; and would have reformed them before the Parliament, if the true State of hisSub- jefts Grievances had been made known unto him; he hath determined, and doth declare an immediate Redrels therein, by his own regal Authority, as in the Bufinefs of Informers, of Mifcarriages of Mini- fters in Chnnccry, of the Patents for Gold and Silver-Thread, for licenfingPcdlarsand Petty-Chap- men, for the folc drcffing of Arms, for the Expor- tation of Lifts and Shreds, and for the fole making Tobacco Pipes, Cards, and the like. And beftdes, the RcdreTi' cf thefe Grievances, he will enlarge his Grace uriuj other Kinds for his Suhjedls Eafe : And ihac both his own, and the Ears of his Privy Ccunci!, (hall be open to his People's modeft and juft Compkiii;s.'
* More-
47<5 The Parliamentary Histort
An 10. jarawl. * Moreover, a fecond Proclamation was iffued i6ti. "forlh againft Excefs of liceniious Speech louchln^ Sute-Affairs: For, notwithftanding the SiriclneC of the King's former Command, the People's iror-^j dinate Liberty of unrevcrend Speech incrcaled daily. Wherefore the K.ing threatned Severity, as we:!| againft the Corxealer;: of fuch Dilcourfca, as againfrj the Boldnefs of audacious Tongues and Peas.'
Nothing material happening in the Govern^ ment, durirg ihe Interval of the Recefs, but wha( will belt appear in the Sequel) we ihall proceed with o\xx journals.
A Proclamation was publifhed {g)y bearing D from the Court at Roy/icu, OHsber the 6th Year, for an Adjournment of the Parliament U Novemhtr the i4tli to the 8th Day of Fibruar next coming. The Realbn given for it was, the Seafon of the Year and Weather making it for the Slates of the KingJom to allemble at tha Time. Hut, by another Proclamation, from tha The Parliament Jamc Autho:iiy, ihis Adjournment wa.s altered, or tneecagaia. certain urgent »nd important Occalions, to ih 20th of fluvember-, at which Time they wc ftri(5lly commanded co meet to dj BuUncrs(*). â–
At this Acceis of Parhament. five new create Lords were iouodaced to ihcir Seats in the Houfe« „ - . . with the ulual Ceremonies. Their Names and (he PcMage. rules were Thomas Lord Oany of Chicb^ create V iko\^ni Cskhe/ier-, He/iryhordHunfiofi, Vifcouni Kcthford; Fuik Grtvils, Lord Bratk; Edwar ' Moatagus Baron Montagu of Beu^htm ; and Z./* 7iel CrUfiJiiUl was made Baron CranfordQi Crany fard in Bei^fordjhire. This laft Perfon had beenj fomc Time before, made Lord Trealurerof Eng- land, (iy aud removed from his Place, in theHoulc^
(Z) Rfiter'n Public Acls, Tom. XVII. P. 31+.
(/) He fui-ireeJcd E<iwflrtt Lord Vlfcount ManJrvitle, (who b*l(J that Offue nnt ({uilc n Xtar, and wat mtic l*refii|eDC vf ih^J Cowncii) tlifcufli till.- Intcitll of tic Ma.quis of Suiiiagbatn^ whafe Ke!a;i. n he h^ married. Cranfiiii wai ori(irully 4 Citiaei^ |i^ bid k^ bicd up in du L'ultoin-buaic. Kmtnf^ p. 71^
0/' ENGLAND. 477
as youngeft Biron, to the Scat next above the Lord ^^^ ,o_ » ^ Prelidenc of the Council (i). iVsi,
Then a Mefiagc was tent to the olher Houfe, by Mr. Juftire ^onti and Mr. Sergeant Crezv, viz, ' That his Majefty, being abfent ffora Parliament> '
by reafon of an Tndifpofitjon of Health, had com- manded the Lord Keeper lo deliver his Picafure to both Houfcs ;' which the Lords thought fitter to be done at a Meeting: Therefore their Lordfliips did defirefuch a Meeting for that Purpofe, in the Paititcd Cbambery To-morrow at 'I" wo in the Afternoon, if that Time ftands with their Con- venience/ Anfxuer. * The Commons will at- tend the Service, at the Time and Place ap- pointed/
The Prince fignified to the Houfe his Majefty's Picafure, * That when the Lord Keeper had end- ed his Speech to both Houfcs, the Lord Trcafurer 2nd Lord tiigiy (hould fecond the fame/,
Sir "John Bennet and Alexander Harrii appeared to anfwer their Bail, and Hand the Judgment of the Houfc.
Nw. 21. This Day was wholly Taken np with the Meeting of the two Houfcs in the l*ohited Chamber. And, on the next, there waj nothing Tiiatcrial done, except, that the Loid Keeper, Lord Trei[urer and Lord Digby were ordered to make Report of the Meflage from the King, by
I them delivered YeRerday at the Meeting of both Houfcs, on Saturd.iy Morning: next. Nov. 2 4- Accordingly this Day the Lord Keeper of the Great Seal, who was then' Dr. Joon fVil' iiamij Biihop of Limolrit delivered the Report of bis Speech, to both Houfcs, in Form following:
A'fiTf it pkafe ymr Kighiufi and I bis Keble hkuji,
JF I had in my Bread ihelcaft Drnchm of thofc'^^j;^ '^'^ high Thoughts, which the Roman OrUor had pom tfae King's his, when hcfaid, AW/ c/u/ ^tti7:irfrjr^/trff7W/,sp«ch ro bvch
thai he never fpoke, in his Life, any one Word *^'""**' xhw he repented of, 1 (hould not tuve been fo un-
willir^ (*} ytvrn* Prei, Canldtn't Anoilc aod DigJaU'i Sununoni.
478 TbeTarJi/imcHtary'RisrOKY
,19. Junes I. willing to make a Repetition of my other DayV ]6ii. Meflage, as by Order of the Houfe I am obl^edl to do : For, in goad Faith, my Performance there-'i of was fo weak, that I ha3 good Rcalon to dcfire] it might be rather (for the Manner and all ihe In-j tereft I had therein) buried in Oblivion, than rc-j ceived with a fecond Repetition,
' And yet, conlidering, that the heft Sacrifice I^ canoffcrup to this noble Company, is my Humility ^ and Obedience. 1 will be unto myfelf, as Phsden ' was to Demoflhenes^ a Kind of Chopplng-Knife," to cut off the Superfiuities of that Declaration, which wearied ali your Lordfliips the other Day.*
' J divided, according to my Method indeed, but his Majefty's Matter, the whole Narrative in- to fix feveral Parts. I. The Antecedent, a. The Occafion. 3. ThePattern. 4. The Call. 5. The Form. And, laftly, the Continuance of this prc- Jent AiTembly. One of thefe Parts I let fall in the ' Divifion, hut took it up again in the Difcourfe and Narration.*
• My Antecedent comprehended the fevcral Ef- , fcftsof his Majefty*s gracious Care over the King- dom, fince the laft Recefs, or Dcpanure, of this Affembly ; How the three Petitions, preiented from both Houfcs by my Lord's Grace of Canterbury^ were really anfwered.'
I. ' That the Matter of Trade and Diftri- bution of Manufa£tures to feveral Parts of the Kingdom was conveniently cftablUhed. a. The Importation of Bullion and Confervation of Coin within tJie Land was dirculicd,commilted, and re- ferred. And, laftly, the Exportation of Iron Ordnance was firmly prohibited.'
* Then I prefented to the Noble Houfes the Pro- clamation of Grace, wherein were reformed fix or feven and thirty leveral Matters complained of as public Grievances; all of ihcm without the leaft Trucking or Merchandising with the People: A Thing ufual in former Times ; but, out of hjs Ma- jerty's Zeal of Jullice, and do other Confideration in the World, rooted out and eternally abolifbed.'
* And
0/ E N G L A N D. 475*
* And here I crofs'd the Seas and touched uponAn.ig. JamesL the Reformation of Inland^ begun by a Platform >&»'• projcfted by the Council of the one, and polifhcd
by the Council of the other, and now to be per- fefled by CommiiTioners chofen out from both the Kingdoms. Thele I called the Fruits of his Ma- jeftv's Vocation, and the Antecedents of ihu Af- fcoibiy.'
' The Occafion of this Aficrably I faftncd, part- ly, upon fome Antecedents from abroad, but, principally, upon a Declaration at home ; recorded and divulged far and near, by the Reprefcntative Commonalty of this Kingdom. I know your Lordfhips have perufed the fame, their noble Ma- nifeflo of the 4th of June laft. This I made bold to analizc a httle, and obfcrvcd, without altering Phrafe or Word, four Circumftances in the fame : To the which I applied four Anfwers, warranted, to aSyllable, by his Mijefty's Directions ; as,I hope, my Lurds iiere of the Council will bear mc Wit- nefs.*
1. * His Majefty was encouraged to travel a little longer in bis pious Endeavours to procure a Peace, by way of Treaty : I declared, from him, that all this was done; I wifli I could have faid as profitably as I could well lay charitnbly.'
2. ' His Majefty was belbughi this Treaty might not be over much lingered and delayed. I fhewed from the King, that no more it was ; and produ- ced for Teftimony, the fpeedy Return of that noble Lord employed in that Service.'
3. ' His Majefty was petitioned, upon the Non- Proficiency of this Treaty : "d his pious Endea- vours, to fignify his Picafure .n open Parliament. I told them, from the King, that this Petition was likewife granted \ and was the principal Caufe why both Houl'es were now re-afiembled.'
* Laftly, His Majefty is alllircd, upon ihia Sig- nification, ^f. which I fliewed Ehem, Th.it peace- able Courfes are not fo cffcftudl, chc Breaches being now grown fo wide and dcfperate. And thus I ftated the Occafion of this Re- Allembly.'
7he TariiaPientary HxSTORr
Aa.t9 J^mesi. * In the third Pl.icc, \ touched upon an herdcal i6»i. Aft o( bis Majefty, which I called a Pattern for ihts Aflembly ; and that is tlic Advancement of \ 40,000 1. to keep together the Body of an Army
in the Lowtr PnhtmaUi the which had otherwife been difiblv'd before this Parliament could be aHera- bled. I noted that, wiihoui this, their ReColmion had been loft ; and lb will all this be ftili without iheir furrber Reuilution.'
* In the fourth, I excufed the Call of this Af- fembiY, which might feem to feme Men not to be lu pundtuai •, and Ihewed them, that, like War it- felf", (0 are the Summons thereof accompanied with Dilbrder and Confufion. For, in Matters of iliis Nature, as I r.oted out of a gcori Author, igw/c- kgU'tmum^ &c. Thofc Pailidmenta which Hand upon ihcir precife, C5V. f/).'
' Fifthly, I touched upon the Form of this KtA fembly ; which his Majcfty*s PIcafurc was Oiould' rather be by anticni than modern Precedents, That all, 13£, and all cunning and malicious Diverfions avoided, for fucli Things, well know, there are in the V/orld ; they fliuuld, Xixondly, really, ^c*
* In the lift PUce, I came unto the Continuanc of this Aflembly, which his Majclly limits, at Time, to feme l<!ven or eight JJays before Cbrijl^ ' mafs i hut lenews ag.tin on the eighth of February ntxtt to cunlinue then for the enading of Laws and pcrioding of thefe Reformations, as long as iheNcccilily of the State fhall require the fame,'
* And now T Iiive prefentcd your Lordfhips the nniural BiiJ, as it came from the Ned, without fo much as a Fc:iiher of my own Invention: For this is rto Speech but only Minutes of hii Majefty*s Diredions. I flv-11 only add, firft, my Preface, containing; his Majefty'; Tn.lifpofition raiher thar Abience ; for ablent his Majefty ihuujbt he couldl notbe,aplongashe wasrcprcfcntcdby luchaSon: A Son, of whom I may fay, ^kiPuny did of Ccca'na,
Parenti
(I) ThitPangnpIi uii the acxt ate kft umrtrdligiblc, in the yuar^iifjt pcrltapt on Purpolie : Bccigle they («jn (a wint at Aune Re^i^ons, too Atodb to bt recorded.
Of ENGLAND. 481
PdTiMti nsn minus ob alia charus, quam quad Fi)m An. tg. James 1. ftti as . dear to his Majefty, for many other Refpc^b, '*"• as because he is hi& Son.'
* Then by double Prayer, the one to your Lord- ^
Ihips, which I now repeat again and make for my- felf, for the Time paft, prefent, and [o come, to pardon the Weaknefs and innumerable Imperfec- tions of your moft unworthy Speaker ; the other unto God, for his Holy Spirit to be prefent and prefidcnt id this AlJeoibly.'
After the Lord Keeper had ended his Report, the Lord Digby Hood up, and made a fiiort Repeti- tion of that Part of his Speech, which his Lordftiip had delivered at the fame Time, to both Houfes, ahout the Slate of Affairs abroad, in the following Terms :
IN the Delivery of the MclTagc I had from the King, 1 prefented ihefc three Confidcradons; j^ggn^i ^^ fitft, his Majeily's Proceedings and the liTue of Speech upon the them; next, the State of the Bufinels at thjs^"°*0«"'><"i' prefent Time j and, lailly, what Redrels was fittcft to be done.
' I begun with his Maje(ly*s Proceedings from the unfortunate Overthrow ar Prague. Upon the News of which his Mdjcfty, inftantiy* confidered what was to be done, and refolved that the beft was, to keep the Princes of the Union in Arms ; and, to continue their Army, his Majefty fent tiiem jo.oool. by Albertui Aionyti. Then his Majefty fent Sir Edward yiiUen into SiUfia^ to fetch the Paifgrave*i Submiflion unto the Emperor, upon fuch Conditions as his Majefty fhouid think fit/
' His Majefty then, alfo, fent me unto the Arch- duke Albertuiy to propofe a Reconciliation i and fent to him the firft, bccaufe he had the greateft Stroke in the Affairs of the Empire, and greateft Command over the 5^jw;> Army; in regard the Emperor had all his Greatnef^, laving a few little Provinces, by ReBgnation from the fiid Archduke.*
Vol. V. H h * Tiw
4S a The Parliamentary History
As. i9.jao)«l. * The Archduke wilUn^y afi'enied unto a Re- "•*«• conciliation, in favour of his Majcftyj and, to that End, the Archduke writ Letters to the Em- Mfor and King of Spam. In the interim, the Princes of the Union grew to difband ; where- upon, the Archduke, to ftew his Willingne& to a * Reconciliation, did procure Sptmla to ceafe from
the War. By thofe Means the Pahsinat* was faredj which otherwife had been loft, and this Cet fution continued all the Lifetime of the Archduke.' h
* Sir Edward yUliers and I returned into Eng' H /ijff^about the fame Time; I bringing with mcflie Ceflation from War, and he the Paffgrave's Submif- TtoD. And now the Bufinefs was ready for a gcoe-
ral Tre.uy, which his Majefty, at the firft, intcn- ^ d©d (o have with the Emperor touching the Re- ■conciliation; and I was employed in that Errand, ™ accompanied with Letters of Recommendation from the Kings of Frantty S^airty Ptiand, and Denmark.*
* The Propofitions which I was to make to the Emperor were, That the Pal/grave (hould be rc- ftored to his Lands and Honours, in all Points, a6 he enjoyed tlicni when he married his Majcfty's Daughter : The Palfgrave lubmitiing himlelf to the Emperor, upon fuch Conditions as the Empe- ror and his Majefty fhoulii agfce on.*
' The Emperor ;infwered, That he was willing to gratify his Majefty'a Demands, for the great Moderation which he found in his Mii|efty in the Bufinefs of Bshernhf fo as the King would under- take for the Paljgriwe* i^Mhm\9\on. But the Em- peror referred the Conclufion of this Bufinefs unto the Diet.'
* Then I made a fecom.' Propofiiion, viz. That War might ceafe Liitrl Matters were debated by the Diet. Unto which the Emperor anfwered. That he did not lake it to he VVar or HoftUily that he waged againft the Paljgnnt. Yet, in Fa- vour to his Majefty, he would agree to a Ccfla- lion.'
• After
I I
J
Cf E N G L A N D. 483
« After this, the Emperdr haftening the Diet, An. 19- Jtmw A
the Princeg denied iheir Appearance at the fame, in regard they were under fuch Concern as to look to thcmfclvcs and ftand upon their Guard. Where- upon J moved the Emperor to fend to every Prince Mrticularly, and acquaint him with his Majefty's rropofitJons ; which tJic Emperor did accordingly.*
' Upon Anfwer from the Princes, the Emperor wrote his Letter to his Majefty, in Anfwer to the Propofiiions, which I received, thinking all Buii- ne& had, in Effeft, been fully concluded on. In which Letters there was contained. That the Em- peror had written to ihe Duke of Bavaria and the hfaHta-t for a CefTation from Armsj and that him- I'elf had granted a Promife, cither to procure Count Mansfield to lay down his Arms, or elfe that his Majefty would declare Count Mansfield an Enemy. In ihefe Letters, alfo, the Emperor did write* That he would not take up Arms again, until three Months after he had given Notice to his Ma- jefty that he would rcncv the War.*
* Then I Ihewed ihe Reaibn why the Emperor would not agree to any Truce, without the Duke of Bavaria : Firft, in regard of the Emperor's Agreement in the Beginning of ihc.rT roubles, neither to make Peace nor War withdut the Con- fenl of the iaid Duke; which happened becaufe that upon the formei- Truce made with the faid Duke, the Soldiers that were in the Lcwer Pala- tinaiff and wanted Employment, came up into XhtHigher,iudmuch infeltedihcDukeof fi«fjr/tf. Secondly, in regard the faid Duke had a great Part of Jufiria in Pledge for his Satisfaftion. Thirdly, becaufe the Emperor was barred out of alt Pillage but through Bavaria, BethUm-Gabar^ Ritt/orpi, and Budianui.'
' I coming to Count Mansfieid to treat with him about laying down his Arms, found plainly. That the Duke of Bavaria had, from the Begin ning,'^f- feOed to get unto himfcK the Palatinate and the Tide of Elcaor.'
H h 2 « The
]6it.
4S4 TheTarliamentaryHisroKY
'An.iq.j.mrel. ' ^^^ Dukc of Bavafta, in hU Letters which i6ii. he wrote to me, upon Receipt of the Emperor's Letter to him concerning the Truce, did difcover this Intention : For he wrote, That I (hould not need to l-ibour for a Truce, for the Wats were at an End ; in thai he bad agreed wich Count ManS' f.eld^ lo thai he doubted not but to keep both the Paktinatii in Peace, untiU the Emperor and llie Pal/grave had agreed. And here, 1 noted. That this AnfiUtr was a bitter Orai/m*
* The Infanta rcfufed to have a Peace, and ac- quainted rae, that luch was the Emperor's Mind alfoi whereupon I obfervedj That the Emperor's Anfv^ers to his Majelty's Propofitions had been defer- red ; fo that now it was come, either that his Majc^ fty fhould leave his Children orclfe denounce War/
' Toiiching the prefent State of the PalatinaU^ I fbewed. That Count Mansfield was come down into the lower Part with 16,000 Men, and Sir Hs' TiUi V(Tt had about 5000 ; all thele having endu- red the HardOiips of War for near two Years. And here I obferved, That much was faved by thefc Means, which muft have been fpent in raifing, arm- ing, and carrying over fo many thoufand Soldiers into thst I^Iace/
' I faid further. That the People of the Pa/ati- y/fl.V had lived free from Oppreflion and Rapine under the Spaniflj Army \ and that therefore fomc fpeedy Courfe wag to be l.Tfcen for fending of Money thi- ther, left Mattifieldh Soldiers, thro* Want, ihould be driven to fall to fpoil thofe of the Palatinate^ and breed a Liking in them to the Spanijh Govern- ment. I nored further, Thai Count Mamfiti^% Army did not conlift of Men, which fought for their Country, Wives, or Cnildren, but for Mo- ney j which they niufl have fpctdily, or ihcy are gone : And if the Count, for want of Pay, fhould take a Diflike, he might, for Honour, or o:her Re- ward, fall off tothe Emperor, and then all were loft/
* I alfo briefly defcribcd unto them the prefent State of ail Ckrijiendom \ the Power of the Era- pcrofi and of the five Armies maintained by the
King
1
I
0/ E N G L A N D. 485 *
King; of Spain : That the Forces of the Princes of An. 19. jamei r. the Union were difbanded i and that the Catholic >62«. League did continue to hold firm.*
* I obferved how bravely Sir Horace Vere and Captain Bir&ugh had behaved themfelves of late in the Pahtiniite ; and that, by the Wifdonf and Va- lour of Sir Harau, HeideJbergh was kept from the Enemy, being a Place of fmall Strength i Main" bam^ a very (Irong Town; Trankendaky which had endured a Month's Siege, and fforms j which is the prefeni State of the PrJatinate.*
* Touching what Redrcfs was fiiteft» I conclu- ded, That it was proper to cherifh and keep up that Army which 13 already there, which muft be with Supplies of Money ; and that more Forces muft be prepared againft next Spring, ^ as we might have there an Army of our own, to the Sirength- cning the Puklinaie^ and Encouragement of the Princes of the Union. This I recommended unto them, and wiflied that every one would (hew his Zeal and Affeftion to his Majefty therein.'
The LordTreafarernext made his Report of the The Lord Trej- Meflkc, wliich he delivered to botli Houfes, tQ["^«T'«^t"^*''f lhi3 Ktfedt: t.ng to td% sup-
' That his LoTdfhip dgclarcd unto them theply. prcfcnt State of the Exchequer, and Smalncfs of his Majefty's Revenues ; and that the two Subfi- dic«, granted this Parliament, were fpcnt about the Palathiote:
' That the Bufinefs, now in Hand, required a great and a fpeedy Supply, wherein his Majefty had taken fomc Courfe out of his own j and his Lordfhip doubted not but that the Commons would add thereunto, and perform what ibey had fonobly promifed in their Manifefto -, the Difpofing whereof they need not to doubt of, but that his Majefty intended the fame to be wholly employed fot the Recovery of the Palatinate.'
* Laftly, he wifhed that the Commons would To handle this Bufinefs, as to nwlic his Majefty ia liOye with Parliaments.'
H b 3 Thefe
4^6' TheTarisam'entary i-itSTOflLT
AB.io.J«neii. Thde fcvcral Reports being made, the Lords i6ii. proceeded lo leguhtc Committees on divers Biils ; whichi with foroc other Matters of lefc Moment, concluded the Bulinefs of that Day.
AW/fl^^r 26. Nothing being done this Day* nor in the Icvcral Days following, in the Hoirfe of Lords, but hearing Complaints and tcdrcfling Matters of Pnvikgcs, ^i, it may be neceflary to examine jtito the Behaviour of the Commons at this Junfture.
The firft Day's I>ebates arc vety long, and turn chiefly on the Mate of the Palatinate^ and of Re- ligion in Germany ; but fay no more of the former than what is already given in Lord J^lgly's Decla- ration. Which.notwitii- Notwkh Handing ihefe preffing Renidiiflrances, J^Jj«;™?™ from the Miniflry, of the Exigcnciesdf Statt, the pSpawm. * CommonswcreinnoHaft'etograntSupplre^i &iit, inftead thereof, weniupon the old Topics of Grii- vances and the Means to redrefs tHem. The prift* cipal Point of which vfaS, the GroWtH of Pff^e^ in the Kingdom; which ihey were at this Time ittorc earncft to infift on, becaufc the great March, between Prince Chnrki and" the Iiifania o( Spatftf was then on the Carpet. The Commons, to Ihtvt their Diilite to this ConjumfKon, drdw up a long Rcmonftrancc againft Papery in gen'eril, and die evU Effects which might accrue to the Pfation bf this Match in particular.
IFUJofi informs us, ' That the King, hearing the Houfe of Commons were hammering upon this Remonftrance, went to Newmariei i a cold and bleak Air, in as cold and bteak a Seafoii, pre- tending his Hcalihi but indeed, fays that Author, to be farther from the Sound of that Noife which perpetually poflefied his Ears, of the Difcontenl of the Commons to this Match, fie adds, That as the Bufinefs grew up, he had Intimation of it from his Creatures in the Houfe ; who aggravated the Matter to the King wiih all the Acrimony they tould ; fg far as 19 reflect qpon particular Feribns
I
I
A
0/ E N G L A N a 487
who were the moft a^ive Inftruments in iL^^^'Sj^J*^'* The Petition and Rcmonftrance itfelf, tho' not prefentcd, is yet prefeived in H^ilfin and Ra/h- worth ', and claims a Place in thefc Inquiries*
Motl Gracious and Dread Sovt'iei^,
J^/'E pur Majefly'!, fnoJJ humble and ItyalSubjefft,
^'^ tk Knights, Ci/izent and Barge/es, "^ow af-'^j^^''\f*^^'^^
ftmbkd in Parliament^ who nprtfent tkt Coffi^Cft! ^xtatx agaiti'ft e/ ynir Realm^ full of kcarty Sstrow 19 he derived ^o^*^^, th. Spi- ff/ thi Cmjort of year Royal Pn/emt, the rather,"^^ M»*=''' *«•
fgr thai it proceeds from the JVant of your Healthy •wherein we all unfelgnedly do fuffcr; in all bumble Manner catling *•> Mind year gracious Anfwer to our
Jcrmer Petition esncerning Religion, wbieht nttwith-
Jltinding your Maje/ly's pious and primely Intentions^ hath not produced that good Effe^y which the Danger oftbefe limes doth feem ts us to require : And fining hyw ill ymr Majefiy's Gosdnejs hath been requited hy Primes of different Religion^ who even in 7imeof "treaty ^ have taken Opportunity to advance tbetr o%un Ends, tending totheSubverftonof Religimand Difai* vantageefyottrAff&irs^andtbeE/iate of yeur Children: By rtafsn whereof y ymr iU-affeeiedSulneeis at Horns, the Pop^Jh RjKufints, have taken teo m'uih Encourage- mentj and are dongeroiify emreafed in their Num- ber and in their InfoUnaes. IVe cannot but be fen-
fible thereof^ and tbertfsre humbly reprtfent what we <9nctive to be the Caufes cf/o great and growing Mif thiefsy and what be the Remedies.
I. 7be I'igilamy and Andiition of tie Pope <f JRomc, and bis deareft Son ; the one aiming at as large a Temporjl Mcnarcby^ as the 9tl)St at a Jpiri' tual Supremacy.
II. The Dtvilijb Pofitions and Dovtrinesj wbfreon Popery is built, and taught with jfutbority to thi'nr Follower Sy jar Advavcement tf their Temporal Ends,
III. Ihe dilheffed and miierakle Ejiate of the Prof effort tf true Religion in foreign Parti,
IV. The difafterffus Jutdents to your Majejlfs Children Jbttod, txprejjedwith Rijoidngy and even with Contempt of their Perfstis,
L
4*8 TheTarliamcntary'ilisroKr
V. Thtjlran^t Conftderaty oj the Princes of /A> Popijb Rilighn, aiming mainly at the /fdvancemtni iftbiin, and jubvtrting of eurSy and taking the Ad- vantages conducing ts that End upon all Otcafions.
VI. the great and matty Armiti r a :fid and main- tained at the Chargeofthe King ef Spain, the Chief cfthat League.
Vil. The Expectation ef the Pcpijb Picufanti of the Match with Spain, and feeding thtmfehes with great Hopes eftbe Cenfequencei thereof,
Vlir. The interp&fing of Foreign Primes and their JgentSy in the behaf of Pepijh Recufants, far Con- nivance and Favour unto them.
IX. Their open and ufual Refert to the H^fes^ and, which is worje, to the Chapels of Foreign Am^ hajjadon.
X. Iheir m9re than vjstai Ceneourfe to the City^ and their frequent Conventicles and Conferences there.
XI. Ihe Education of their Children in many fi- veral Seminaries and fbufes of their ReBgion, in Foreign Parts^ appropriated to the Englifh Fugitives,
XII. The Grants of their jufl Forfeittires in- tended by your Majefiyy as a Reward sf Service ta the Grantees ; but^ beyond your Majtjlfs Jntentisny transferred or compounded for^ at /uch mean RateSy as win amcufit to little lejs than a Toleration.
XIII. 77?^ licentious printing and difperfmg of Popijh and fediticus Booh, even in the Time of Par' liament.
XIV. I)fe Swarms of Priefis and Jefuits^ thg (ommen Inctndiaties af ail Cliriftendom, dfperfid i^ all Parti ofymr Kingdom,
And from theft Caufes, as bitter Roots, we hum- hfy oj^er tc your Mqjejly, that we fcrefee and fear tbete will neceffarilj foUffw very dangerous EffeBi both to Church and State. For^
I. 7he Pep-fb Religion is incompatible w'th eurs^ in refpe^t of their Pojitions.
II. 7/ draweth with it an ttnavsidable Dependency «n Foreign Princes,
I
0/ E N G L A N D. 489
III. // openeth m wide a Gap for Popularity y to Ad. ig. jamn i. ctty tvht Jhali draw t6s great a Patty, i6»i.
IV. // hath a rtflkfi Spirit, and unll Jlr'.ve by thtfi Gradations ; i/it cme get but a Connivante^ it will ^refi f$r a Toleration ; if that Jbculd be obtained^ they muji have an Equality ; from theme they uill ajpire to Supericrity^ and will never reji till they gel a Subverjhn of the true Religion,
The Remedies againji thefe growing Evils, which ^ in all Humility, we offer unto ymr mcjl Excellent Mojefly^ are thefe I
J. That feeing this inevitable Netefpty is fallen upon your Majejly., whitb no Wifi&m or Providence of a peaceable and pious King can avoid ; your Majejiy would not omit this jufi Occafion, fpeedly and fffec- tually to take your Smsrd in your Hand.
II. That once undertaken upon fi honourable and jufi Grounds, your M<2Jefly would refoke to purfue,
and more publitkly avoiv, the aiding ef thofe of our Religion in Fcreign Parts ; which doublUfs would re- unite the Primes and States of the Union, by thefe Dijaflers dljheartened and dtjianded,
III. That ysur Majejiy would pr^fe to yourfelf to manage this JVar with the befl Advantage.^ by a Di~ verficn or ctherwi/e, as in your deep Judgment JhaU be found fttefl \ and net to tefl upon a War in thefe Parts onfy, which will corfurke your Treafure^ and dijcourage pur PeapJe.
IV. Tliat the Bent of this War, andPtir.i of your Swordy may be againji that Prince (whatfcever Opt- nion of Potency he luith) whofe Armies and Treafures havefrfl d'lverted, andjlnce maintained the War in the Palaiinale.
V. Thatfjr fecuring of our Peace at Home, your Majefly would he pleajed to review the Parts of our Pftitm, formerly delivered unto your A-Iajejiy, and hereunto annexed \ and to put in ExeiUtioiit by the Care of tboin Commijfionc} s to be tkereu/sto e/pecially appointed, the Laws already and hereaftei to he made for preventing of Dangers by Popijh Recufants, and their wonted Evaftons,
4po The Tarliamentary History
Afl. 19. ;«.« I. VI. That to fruftrau fhrir tJofis for a future f6xi. Jge, our tmft mbif Prin(€ may be timefy (indt>apffiiy married t9 $ne of our own Religion.
VII. That the Children of ike Nobiiity and Gen- try of this Kingdom.^ and of others iU-afi/^tfd an J fiJfieSfed in their ReUgsvn, now beyond the Seas^ may t* forthwith ea.'/ed Home by ytttr Means, and at tf)e Charge cf their Parents or Governors.
VIM. ^hat the Children of Popjh RecufcHts, or
fuch ivhfe Wives are Pspifb Recufints^ be brought
upt daring their Minority^ with Protejlant Schaal-
mq/lers arid Teachers^ who may fow^ in their tender
Years, the Seeds of trite ReHginn.
IX. That ymr Majefty will be plea fed f pee dih 19 revoke all former Licences for Juch Children and Tsuth tc travel beyond the Seas, and nst grant any fueh Lieence hereafter.
X. That ymr Majejifs learned Coune-Imay receive CoTrtmandinent from your Highnefs, carefully to look into former Grants of Recufants Lands, and ts avoid themy if by Law they can ; and that your Majefty Will Jlay your Hand from pajpng any JUch Grants hereafter.
This is the Sim and EfeJ of our humble Declara- tion, which wc {m ff^ays intending to prefs upen yaaf Majefifs undoubted and regal Prerogative) do with the Fulnefs of our Duty and OkeJience^ humbly fub^ wit to ymr msji Princely Confsderatiin : The Glory of Cod, whofe Cauje it is ; the Zeahf our true Religion^ in •which we have been barn, and wherein (bf Gad's Grace) we are refolved to die ; the Safety of your Ma^
jeflfs Rsya! Perjon, who is the very Life of your People ; the Hippincfs of your Children and Pojie* rity J the Honcur and Gcid sf the Church and State, dearer unto us than aur own [JveSy having kindled theft Affections truly devoted to your Majefiy.
And feeing out of oar Duty to your Majefy^ we have already refshed to give'^ at the End of this Sef
fan, one entire Subfidy^ for lU pufent Relitf of the faiatiiiaic only, to be paid in she End of February
J
Of E N G L A N D. 451
fUxr, which tOnnet well be effiSled hut by pajpng a An. 19. ]an^
Bill in a PiSrrtamentatyCmrfi be/ore ChriWmzsi we i6w.
7mjl humbly befcech your Majejly {as our ajfured Hope
ii) that you will then a\j9 voutbfife to give Life, by
your Royol Ajjent to fiiih Bills, m before that Time
/ball be prepared for your Majejly^s Honour^ and tf.i
Good ef your People : And that fuch Bills may be alp
accompanied [as hath been aceujiomed) with ycto
Majejiy*s grmoui Pardon wbch (proceeding from
your own tneer Grace) may, by your Highnefs*s Di-
reiiicn, be drawn to that Latitude and Extent^ as
may heft fort with your Majefly^i Bounty and Good'
nefs. And that not only Felons and criminal Offen- *
ders may take Bentfit thereof, but that your good
Subjeffi may receive Safe thereby. And if it Jhall fo
ftand with your good Pleajure^ that it may extend to
the Relief ef the old Debts and Duties to the Crown
before the firft Year ef your MajeJlyU Reign ; to the
Difeharge of Alienations without Licencey and mif-
ufing of L'veries and Ouftre le Maine, before the
prfi Summom of this Parliament ; ami of camealed
fPardJhipSy and net fuing of Liveries^ and Ouftre
Ic Maine's, before the twelfth Year of your Majefifs
Reign. IPT^ich gracious Favour would mu(h comfort
your good SuHeliSf and eaje them from Vexation,
with little Lop or Prejudice to your own Profit.
And we^ by our daily and devsut Prayers to the Almighty, the great King of Kings, /hall contend for A Bteffing upon our Endeavours j and for your Ma- jefi/s long and happy Reigv over us j and for your Children's Children after yott, for many and many Generations.
\V* are \o\^ that when ihis Rcmonftrance was perfeded by ihe Commons, ihe King h:id a Copy of it btforc The Houie h:id Time \o lenJ ihtir Mef- , fengers with it. In which fome Things fo highly difplcJicd him. tha: he inlV^t^ily dilpatched the fol- lowing Letter to the Speaker, to forbid the fend- ing of it.
74
49 a 7he Tarliamentary Hi stor t
Ad. 19. j«ne» i. To our Trujly and WiU-belffVfd Sir Thomas Rich-
i6»i. ardfon, Knight, Speaker of the Hsvfe of Commons,
Mr Speakery
TVKing'iLet-* "\ TyTi^ Iiavc heard, by divers Reports, toouri
KrtothcSprak-* VV great Grief, that our Diftance from the
erio fcrtid ih* * Houl'es of ParHameni, caufcd by our Indiliwfi-
iwtnK« , ^^ qc Heaijh, hath emboldened fome fiery and ]
^ popular Spirits of fome of the Houfe of Com-
* inons, to ar&ue and debate publickly of Mal- ' tcrs far above their Reach and Capacity, tend- ' ing to our high Di(honour, and Breach of Prcro-
* galive Royal. Thefc are therefore to command
* you to make known, in our Name, unto the
* Houfe, That none therein fhall prefume hence-
* forth to meddle with any Thing concerning our ' Government, or deep Matters of State ; and,
* namely, not todeal with our dearcft Son's Match I * with the Daughter of Spain-i nor to touch the
* Honour of that King, or any other our Fricnds_
* and Confederates : And ahb not to meddle with
* any Man's Particulars, which have their due
* Motion in our ordinary Courts of Juftice. And'
* whereas we hear, they have fent a Meflage to
* Sir Edwin Sandys^ to know the Reofons of his
* hte Reftraint ; you Diail in our Name lefolve
* them, that it was not for any Mildemeanour of
* his in Parliament: But to put them outof Doubt
* of any Qiicllion of that Nature, thai may arife
* among them hereafter, you fhall refolve them in
* our Name,That we think ourfelf very frecand able
* 10 punifh any Man'sMifdemeanours in Parliament,
* as well during iheir Sitting as after : Which we
* mean not to fpare hereafter, upon any Occafioa ' of any Man's infalcnt Behaviour there that fhall
* be miniftcreduntous: And if they have already
* touched any of thefe Points, which we have here
* forbidden, in any Peii tion of theirs, which is to be
* fent unio us, it is our Pleafure that you (hall tell
* them. That except they reform it before it come « 10 our Hands, we will not deign the Hearing, < nor Anfwering of it.*
patedat^ewmiTksty Dec. 3. 1621.
Upon
0/ E N G L A N D. 45,3
Upon xhc Receipt of this Letter, ihc Commons An. i9.]ame*I, were in a great Kuftle ; and dispatched Meflengers «6ii, immediately, to bring back thofe tlicy had fent with their Rcmonlkance to deliver to the King. After- wards ihey drew tip the following Petition, which they fent along with ihcir former, by twelve of their Members (w).
Moft Dread and Gracious Sovereign, y^/'E your mo/i huwbie and loyal Subje£lSt the „. . , ' ' KmgbtSy Ciitzens and Burgejjei^ ajfemhUd w R„,„„fttan„ the Commom Houje of Parliament^ full of Gru/thenv^oa, and unjp/akable Ssrrow^ through the true Senfe cf ycwr Majeft/s D'ljpleofure^ exprejfed by your Letter lately fent to cur Speaker^ and by him related and read unto as : Yet amforted again with the AJfurance sf your Grace and Goodnefi^ and of the Sincerity of our own Intentions and Proeeedings, whereon with Confidence we can rtly ; in all Humhlencfi befeech your moft Excellent Msjejly^ that the Loyalty and Dutifuhefs of as faithful and loving Subjeili as ever fervedy or lived under a gracious Sovereign, may not undffervedly fuffer by the Mif-information of partial end uncertain Reports^ which are ever unfaithful InteUgencers : But that your Majffly wonldy in the CUarr.efs of your own Judgment, firfl vcttcbjafe to underjland from ourfelvss, and not from ethers^ what eur humble Declaration and Petition {rejolved upon by th univerfal Voice of the Houfe, and propofed, w'tth yaur gracious Favour^ to be prejented unto your Sacred Majeflj) doth contan. Upon tvhat Occafon tve in- ter ei into Confideration of thofe Things which are therein contained, with what DutfulRelpe^f to your Maiefiy and your Service, we did confider thereof, and what was mr true Intention thereby. Ami that when your Majefly Jhall thereby truly difcern our du- tiful AffePAons, you will, in your Royal Judgment, free us from thofe heavy Chargei^ wherewith fome of our Members are burthen d, and wherein the whole Hotife is invohed.
And
(m) Wilittt &ys it wm leporteii, That, whe^ the Kin|> hctid nf thi) fecotwl Remonftmnce, be called for mv.'** Cl^rt, fayio^ i^ttst were tvMhft Kj''gi i timing.
Ao. Z9. Jima ] " 1611.
4^4 TheTarliamentr.ry History
And we humbly befeecb your Majtjly^ that you W6utd not hereafur ghe Credit t!> private Repertu eg^infi aU or tiny oftke Members ofotir Houfe, yjhcm the V/hle have not anfured^ until ymr Mojefly have been truly ififormed thereof from ourfehes : And that in the mean Time^ and ever, zue may fiand upright in your Majefifi Grace and goad Opiftion, than ivhiih no worldly Confideration is or can be dearer unto us,
IVhen ymr Mijefty had reaffemhted us in Parha- ment by your Royal Commandment^ fooner than we expected ; and did vouchfafe^ by the msuths of three honourable Lsrds^ to impart unto us the weighty Oe- eafioni moving your Ma'fefly thereunto ; from tbem toe did under/iand thefe Particulars, viz.
That notwithjfiinding your princely and pious Ert' deazmrs to procure Peace, the Time is now come that Janus Temple muji be opened.
That the Foiceo/BtWora. rmtft be heardy and net the Voice ef the Turtle.
That there was no Hope of Peaee^ nor any Tnue to be obtained, no net for a few Days.
That your Mfijejly mufi cither abandon your own Children^ or engage ymrfelf in a War\ wherein CmfHeraUon ii to be had, what Feoty what Horfe^ what Money will he fufficient.
Viat the Lower Palatinate was fiized upon by tht, " Jrmy of the King of Spain, cs Executor ef the Baa there, in quality of Duke of Burgundy, as the Up per Pafatinate was ly the Duke of Bavaria.
That the King of Spain, at his own Charge, bad .^ now as haft five Armies o/i F:ot.
That the Princes of the Union were disbanded $ but the Catholick League remained firm ^ wl^reby Ihefe Princes, fi dijjevered, were in Danger, one bf one, to be ruined.
Ihat the Ejhte of thofe ^four Religion in foreign Parts was miferahle \ ana, cut of thefe Confidera'^ tisnsy we were caHtd to a Ifar ; and forthwith to ad-' vi/e for a Supply for keeping the Forces in the ?'!i\^'' I'lmte from being disbanded; andioforejee the Mo^ns
fn-
Of ENGLAND. 45)5
ftr rai/tng and rnahitainhg iht Body &/ an >^'w/, An.i9.Jam«l. for tht ffar, againft the Spring. Jf^Sj thtrefere^ out i6a>. of Zeal to your Majtjly and your Pcflerity., with mort Alacrity ami Celerity than ever was precedented in parliament t did addref our&lvti to the Service eom- mended unto us. And althi we tannat conceive, that the Honour and Safety of ymr Majejly and ymr Po- fierity^ the Patrmsnycf ymr Children invaded and pojjejed by their Enetnies^ the Welfare of Religion^ and State of your Kingdemy are Matters at any 7ime unfit for our deepefi Conftderaiion in Time of Parliament : And altho*, before this 7ime, we were in fame of tbefe Points fiUnt ; yet being now invited thereuntOy and led on by fo juft en Oaafion., we thought it our Duties to providi for the prefent Sup- ply thereof and not only to turn our Eyes on a TVar abroad^ but to take Care for the fecuring of our Peace at home ; which the dangerous Increafe and In- falency of Popifl) Recufants apparently^ vifibly, and finfibly did lead us unto. The Confideration whereof did neceffarily draw us truly to reprefent unto your Majefly^ ivhat we conceive to be the Cau/es, and what we feared would be the Effe^s, and what we hoped might be the Remedies of tbefe growing Evils ; among which, as incident and unavoidable, we fell upon /ome ThingSy wh'chfeem to touih upon the King^of Spain ; as they have Relation to Pop;jh Recufants at homey to the liars by him maintained in th Palaiinacc a- gainfi your Maje/ly*s Cbildren, and to his fcveral Armies nsw on foot ; yet^ as we conceived, without ^muh of Dijbonmr to that Kingy or any other Prince, . your Majefly's Confederate.
In the Difiourfe whereof we did not aflume to our- Jihes any Power to dttermine of any Part thereat nor intend to incroach or intrude upon the facred Bounds of your Royal Authority ; to whom, and to whom only, we ackmwUdge it doth belong to re- fohe cf 'peace and IVar, and of the Aianiage of the moft Noble Prince your Son :. But as your mrfl loyal and humble Subjeils and Servants, reprejtnting the whole Commons tf your, Kingdom, (who have a large Interefl in the hapfty and profperous Epate of
your
^p6 The Parliamentary HistorV
Aa. 19. jamjsi..»^"'* Mdjcjly^ and pur Reyal Pojierity, and of the
' 16S1. fiyurijbing Eflate ef 6ur Church a fid Commen-H^eaUh)
did rtfohji^ out of our Cares and Fears, irufy and
plahfy tif demsftjlrate thefe Things to your Majejiyy
which wc were net affured cculd otherwife cotue fo
fuUy and efeariy to your Knowledge ; and that bitng
done, to lay the fame down at your Majejlfs Feet,
toithut Expe^adon &fany other Jnfiver of your Ma-^
jtfly, touching thefe Hgher Points^ than what at yiur
gosd Pleafure, and in your own Timsy Jhauld be held
ft.
This being the EffeSl of what we had formerly refhed upon^ andthe/e the Occafions and Reafans in* d:icing the faine^ our htanble Suit to your Majejiy„ and Confidence is^ That your Majefty zviil be graci^ eufiy pleafed to receive^ at the Hands of thefe our Mef~ fingers, mr farmer humble Declaration and Petirion- and vsucb^fe to readt d'^^ faviurably to interpre the fame ; and that to fi much theref as (ontaineth ' our humhle Petition (Oncermng Jefuits, Priejli^ and Pcpifh Recufants, the Pajfage of Bills^ and granting yo'. r Royal Pardon, you will vouchfafe an Anfwer uti-
And whereas your Mc^efty, by the general Ward ef imr Letter, jeemeth ta refrain us from intermed^ Snr with Matters of Government^ or Particular^ which have their Motion in Courts ef Jujlice ; tl. Generality of which H^ords, in the Largenefi of th Extent thereof, { as we hope bevondygur MnJeJIy's ." tention) might involve thofe Things, which are th^ proper Sul^e^s of Parlii/mentary OccafjMs andS}i- fcourfe.
4nd whereas your Mojefly doth feem to abridge 1 cfshe antient Libnty of Parfiament, fsr Freedom . Sfecch, JunfiiSii^n, and ju/l Cenfure of the ihufe^ and bther Proceedings t/jere, (zvherein, we truji in Cod, we fhnll never tranfgref the Bounds ef liyai and\ ditl'ful Subfe£Is) a Liberty which, we afiire curfehjts^ fo wife and fi jujl a King will not infringe, the fume being cur antient and undoubted Rigf>t, and an in- heritance receiied from our Antejhrs ; without ivhith \
we
i
Of ENGLAND.
IW cannot frtgly dibcti^ nor ckarly difiefn fff T^h/iS ab. t^. JmttUi in quejihn before ai, Tsor trufy infsrmysur M(^fj}y : ifrii. In wkkh tve have been confirmed by your Maje/iys moji gracieui fcrmer Speeches and Meffagei. fVt are therefore now again inforced-, in all Humhtenefi^ to pray your Majejly to alkw the fame ; and thereby to takt awty the Doubts and Scruples your Majejiy's iate Letter to cur Speaker hath wrought upon us.
So Jhall wcy yottr hat and loving Subjefis^ ever ccinswledge your Majeil/s JuJihe^Grace, andGood- tiefit and be ready to perform that Service to your Majefty^ which, in the true Affe^ion of cur Hearts^ we profit fs ; andpcurout our daily and fervent Prayers to the Almighty fior your Majefly's long Lifie^ happy and religious Reign, and pro/per ous £/iate, and ftr jQur Rcyal Pojierity afiter you forever.
The King having rejeflcd ihe firft Petition, gave to the latrer this Anfwer following :
* "\lirE muft here begin in the fame FafhionPttMajetty's
* yy that we would have done, if the firft Anfw« tl*«w,
* Petition had come to our Hands before wc had
* made a Stay thereof ; which is lo repeat the firft
* Words of the late Queen of famous Memory,
* ufed by her, in an Anfwer to an infolent Pro-
* pofition made by a Polcnian Ambafl'ador unto
* her ; that is, Ltgatum expe^abamus, Heraldum
* aaipimus. For we had great Reafon to ex[)eft,
* thai the: firft Meffigc, from your Houfc, (liould
* have been a MelTage of Thankfgiving for our
* continued gracious Behaviour towards our People,
* fince your lafl Recefsj not only by our Pro-
* clamation of Grace, wherein were contained
* fix or fcven and thirty Articles, all of feveral
* Point* of Grace to the People j but alfo by the
* Labour w^ took for the Satisfaction of both
* Houfes, in thole three Articles recommended « unto us, in both their Names [nj, by the Right Rc- ' verend Kather in God, the Arcbbilhop of Can*
* terbury\ and Itkcwife for the good Government
* of Ire'andy we are now in Hand with, at your Vol. V. I i ' Rc- {n) Sec bcfuir* P. 46S, g<
45?8 TheTarllmentaryHt^tairr
' Requcft ; Bui notonly have webeard noNewrs
* of all iliis, but contraiily, great Complaints of ' the Danger of Religion within this Kingdom,
* lacitly implying cur ill Government in th'w
* Point. Ami we leave you to judge whether it ' beyour Duties, that ate the Reprefcntacive Body ' of our People, fo to diftallc them with our
* Gover/itncnt i \vhcr«is,onthccontrary,it isyour ' Duty, with all your Kndeavours, to kindle ' more and more a dutiful and thajilcful Love in
* the Peoples Hearts towards us, for our juft and
* gracious Government.
* Now whereas, in the very Beginning of this
* yo'jr Apology, you tax ii9, in fair Terms* of
* trufting uncertain Reports, and partial Informa-
* lioiisconcErningyourProcceding-s: Wewifhyou
* to remember, that we are an old and experi-
* enc'd King, needing no fuch I-efTons, being, in
* our Confcience, frecft of any King alive, from
* hearing or trufting idle Reports -, which fo many ' of your Houfe, as arc ncarcll us, can bear Wii-
* ncis unto you, if you woulj give as good Ear ' to ilicm, as you do lo fome Tribuniiial Orators
* among you; And, for Proof in this Particular,
* we hare made your own MeiTengera confer
* your other Petition fentbyyou, with the Copy
* thereof which was fent us before ; between
* which there is no Difference at all, but that
* 'fince our receiving the firft Copy you added a
* Condufion unto it, which could not come to
* our Hands, liU it was done by you, and your
* Meflengcra Icn: ; which was all at one Time.
* And if wehad hid no Copy of it before-hand, wc ' muft luve received your firft Petition, to our
* great Difhonour, before wc had known what it
* contained i which would have enforced us to have ' rerurn'd you a far worfe Anfwer than now we â– doj for then your MeiTrngers had returned with,
* nothing, but that we have judged your Petition ' unlawful, and unworthy of an Anfwer. For,
* as to your Conclufion thereof, it is nuihlng but
* PntitjUtb ccntrcria fa:Ui for, in ihe Body of
* your
{
I
-I J-^JfSi— . ■^■■■»jg..Mlt^
Cf ENGLAND. 4p$
I
your Pctiiion, you ufurp upon our Preroga-An. t9.jMn«L
* tive Royal, and meddle with Things for above *•*''
* youf Reach, aiid then in the ConcIuHon you ' protcft the contrary ; as if a Robber would talce
* a Man's Purfe, and then protefthe meant not to ' rob him. For, firftj you prefume to give us
* your Advice concerning the Match of ourdeareft ' Soti with fome ProteJIant, (we cannot fay Prin* ' cefs, fbr we know none of ihefe fit for him) and
* difluade us from his Match with Spain, urging
* us to a prefcht War with that King ; and yet, in
* the CondUfion, forfootb, ye proteft ye intend
* not to prefs upon our mofl undoubted and Regal ' Prerogative i as if the Petitioning of us in Mat- ' ters, that yourrclvts confcfs ye ought not to
* meddle witn, were not a mcdling with them.
' Arid whereas ye pretend, That ye wercinvi-
* ted to this Courfe by the Speeches of three ho-
* nouraWe Lords*; yet, by fo much as your-
* felvcs repeat of the Sj)ecche8, nothiiig can be
* condudcd, but that we were refolved by War to ' regain the Pafatinatet if otherwifc we could not
* attain unto it. And you were invited to advife
* forthwith upon a Supply, for keeping the Forces
* in the Palatinate from Difbahding, and to fore-
* fee the means for the Raifing, and Maintenance
* of the Body of an Army for that War againft ' the Spring. Now, what Inference can be made
* vpon this ; that therefore we muft prefently de- ' nouncc War againft the King of Spain^ break
* our dcareft Son's Match, and match him to one
* of our Religion, let the World judge. The •Difference is no greater, than if we fliould tell a
* Merchant, that wc had great need to borrow'
* Money from him for raifing an Army ; that
* thereupon it would follow, that we were bound « to follow his Advice in tlic Direftion of the War, ' and all Things depending thereupon* But yer,
* not contenting yourfelves with this Excufe of « yours, which indeed cannot hold Water, ye
* come after to a direftContradiftion to theCoa- ' cliifion of your former Petitioo, ftying;. That
1 i » * th«
500 The Tarliamentary History
Ab. i9.jani« I.' the Honour and Safely of us and our Pofterity* i6ai« « and the Patrimony of our Children invaded and
* poifcflcd by their Enemies, the Welfare of Re-
* ligion, and Slate of our Kingdom, arc Maaers>
* at any Time, not unfit for your deepeft Confi-
* derations in Parliament. To chis Generality,
* wc anfwer with the Logicians, That where all ' Things are conrained, nothing is omitted : So as ' this Picnipotcncy of yours inveftsyou in all Power
* upon Earih, lacking nothing out the Pepe*^ to
* have the Keys alfo both of Heaven and Purga- ' tory : And to this vaft Generality of yours wc
* can give no other Anfwer ; for it will trouble all
* the beft Lawyers in the Houfe to make a good
* Commentary upon it : For to did the Puritan
* MhiijUrs in Stdtknd bring all Kind of Caufes
* within the Compafs of their JurifdiiSion, faying^
* That it was the Church's Office to judge of
* Slander ; and there could no Kind of Crime or
* Fault be committed, but there was a Slander in
* it, either againfl God, the King, or their Neigh- ' bour; and, by this Means, they hooked in to
* themfclves the Cognizance of all Caufes: Or,
* Dice 5^//flr;7Jiw's Diftinftion of the Fiy>/'s Power
* over Kings, inordhic adSp'tritudia^ whereby he
* gives ihcm all Temporal Jurii'didiun over them.
* But to give you a dirett Anfwer to the Matter
* of War, for which you are fo earnefl: Wc con-
* fcfs, we rather cxpedled you fliould have given us
* Thanks for ihe fo long maintaining a feulcd Peace
* in all our Dominions, when all our Nelgh-
* hours about are in miferable Combuftion of War ; ' but, duke Betlurn inexpertis. And we indeed find ' by Ex|>erience, that a Number of our Subjeftj
* arc fo pampered with Peace, as ihey arc defirous 5 of Change, tho' they know not what.
* It is true, that we h;ive ever profcilcd, (and, in
* that Mind, with God's Grace, we will live and
* die) that we will labour by all Means po/fiblc, ei-
* iher by Treaty, or by Force, to reftore our Chil- ' dren to ihcir antient Dignity :ind Inheritance;
* And whatJixver Chriftiau Princes or PoienWes
* wiU
I
I
will fee thcmfelvesagainfl: it, we will not fpareAn,t9.jttmM]
any lawful Means to bring our fo juftand ho- j6au
nourjMc Purpofe to a good End ; neilber fhall
the Match of our Son, or any other worldly Re^
fpcft, be preferred to this our Rcfolurion. For,
by our Credit and Intervention with the King of
Spairiy and the Arch-Dutchefg, and her Husband
now with God, we preferved the Lvwer Palatinate
one whole Year from any further Conquering in
it ; which, m any eight Days Space in that Time,
might have eafily been fwallowed up by Spinola's
Army, without i^ny Refiftancc. And in nobcttcr
Cafe was it now, at our Ambaflador the Lord
Digby's coming thro* Heidelbergh, if lic had no:
extraordinarily fuccaured it,
' But becaufe we conceive, that ye couple this
War of the Pahtinau with the Caufe of Reli-
gion^ we mull a little unfold your Eyes herein.
* The Beginning of this miferable vVar, which hath fet all Chrifiendorn on Fire, was not for Religion^ but only caufcd by ourSon-in-Law's hafty and harfh Refolution, following evil Counfcl, to lake to himfelf the Crown of Bs- hernia.
* And that this is true, himfelf wrote Letters unto us at that Time, defiring us to give Afllirance both (0 the French King, and State of ^w/iVtf, that his Accepting of the Crown of Bohemia had no Refe- rence 10 the Caufe of Religion, but only by rca- Ibn of his Ri^tht of Election, as he called it. And we would be forry that fuch Afperfion fhould come i:pon cur Religion, as to mate it a geod Pretext for dethroning of King?, and ufurp- ing their Crowns i and we would he loath that our People here fhould be taught that ftrangc Doftrinc : No, let us not fo far wrong the Je- fuirs, as to rob them of their fweet Pofitions and Pra^Iccs in ihut very Point. ' And upon the other Part, we afl'ure ourfelf fo far of your charitable Thoughts of us, that we would never have coni^antly denied our Son-in- Law hoUi the Tiilc and Affilhnce in that Point, «
n 3 * U
Aa. 19. Jm «6at.
jo a The Tarliamentary History
»!•• tf we had been well perCuaded of the Jaftice of
* his Quarrel. But, to conclude, ihis unjull Ufur-
* pation of the Crowns of Uokemia and HungarU
* t'rom the Emperor, hath given the Pope, and all
* ihat Faiiy, too fair a Ground, and opened them ' too wide a Gale for curbing and opptelGng of
* many Thoufands of our Religion in divers Parti
* of Chrijiindom^ * And whereas you oxcufe your touching upon
* the King of Spmn, upon occafion of ihc Inci^
* dents by you repeated in that Place, and yet
* firm, that it is without any Touch 10 his Ho-I
* nour i wc cannot wonder enough thai ye are foj
* forgetful both of your Words and Wia: For, io
* your former Petition, ye plainly affirm, Thai . ' afFeds the Temporsl Monarchy of the wholai ' Earth ; than which there can be no more Ma-1
* lice uttered againft any great King, to make all]
* other Princes and Potentates both envy and hate
* him : But, if ye lift, it may eafily be tried, whc-
* thcr that Speech touched him in Honour or not,^
* if ye fhall afk him the Qycftion, Whether hi>j
* meansto afl'ume lohimfelf that Title or noi for]
* every King can heft judge of his own Honour. ' We omit the particular Ejaculations of fomc^ foul-mouthed Orators in your own Houfe, a- gainft the Honour of that King's Crown and ! State.
' And touching your Excufe of not delertni- ' ning any TJiJng concerning the Match of our , dearcft Son, but only to tell your Opinion, and lay it down at our Feet : Firll, we defirc ta | know, liow vou could have prcfumed to deter- mine in liiai Point, without committing of High Treafon ? And, next, you cannot deny but your talking of his Match after that Manner, was a dircdt Breach of our Commandment and Decla- ration out of our own Mouth, at the firi^ fiiung down of this Parliament ; where we plainly pro- fe^ed, thai we were in Treaty of his Match with Spain ; and wifhed you to have that Con- iidence in our Mr«Iigi»n and WUi^oi?, that wa
* woul4
i
0/ E N G L A N D. J03
' would to manage it, as oar Religion ftiould re-An. f^jSiH?.
* ceive no Prejudice by it. And tht fame wc now »^n.
* repeat unto you, profefling that we are Co far
* engaged rn rhat Maich, as we cannot in Honour
* go back, except the King of Spain perform not
* fuch Things as we expei^t at his Hands. And
* therefore wc are forry that ye (hoiild ihcw to
* have fo great Diftruft in us, as to conceii-c that ' wcfhouldbecold in our Religion; otherwife,we
* cannot imagine how our former publick Dccla-
* ration ihould not have ftopp'd your Mouths in
* this Point.
' And astoyourRequcft, That wc would now
* receive your former Petition : We wonder what
* could make you prefumc that we would receive
* iti whereas^ in our former Letter, we plainly i!e-
* ciarcd the contrary unto you. And therefore
* we have juftly rejefted that Suit of yours: For
* wliat have you left unattcmptcd in the hlgheft
* Points of Sovereignty, in that Petition of yours,
* except the Striking of Coin ? For it contains the
* Violation of Leagues ; the particular Way bow
* to govern a War } and the Marriage of our dcareft
* Son, both negatively with Spjtn j nay, with any
* odicx Popifli Princcfs ; and alfo affirmatively, as
* to the matching with one of our Religion; ' which we confcfs is a Sirain beyond any Provi-
* dence or Wifdom God hath given us, as Things
* now ftand. * Thefe arc unfit Things to be handled in Par-
* liamenl, except your King fliould require it of
* you: For who can have Wifdom to judge of
* Things of that Nature, but fuch as are daily ac-
* quainted with the Particulars of Treaties, and of ' the variable and fixed Connexion of Affairs of ' State, together with the Knowledge of the fecret •: Ways, Ends, and Intentions of Princes in their ' fcverai Negotiations ? Othcrwife a fmall Mifta- ' king of Mauers of this Nature may produce more
* Efff^as than can be imagined: And therefore,
* i^k Sut^r ultra Ci^idam, And befidcs, the in-
' tetmedliog
.I9> JusetL J fill.
tcrmcdling in Parliament with Matters of Peace or War, and the Marriage of our deareft Son, would be fuch a Diminulion to us and to our Crown in Foreign Countries, as would make any Prince neglefl to treat with us, either in Matters of Peace or Marriage, except they might be iiflurcd by the Aflcnt of Parliament. And ib it proved long ago with a King of France j who, upon a Trick, procuring bis States to ditlentfruox fome Treaty which before he had made, was after refufed Treaty with any other Princes, to his great Reproach, unlcis he would firil procure the Aflenc of his Eftares to their Propofidon. And will you caft your Eyes upon the late Times, yod fhall find, that the late Queen, of famotis Memory, was humbly petitioned by a Parliament to be pleafed to marry : But her Anlwer was (o)y That fhe liked iheir Petition well, hecaufc it was iimple, not limiting her to Place nor Pci- fon, as not befitting her Liking to their Fancies ; and if they had done other wife, flie would have thought it a high Piefumpiion in them. Judge then wliat we may do in fuch a Cafe, having made our puhlick Declaration already (as we faid before) directly contrary to that which you have now peiittuned.
* Now to the Points in your Petition, whereof you deiire an Anfwer as properly belonging lo the Parliament. The firft and the grcateft Point- is, that of Religion: Concerning which, at this, Time, we can give you no other Anfwer than in theGentral; which is, That you may reft fecure, that we will never be weary to do all we can tor the Propagaiion of our Religion, and repreiring of Popery : But the Manner and Form yuu mull remit lo our Care and Providence, who can bell conlider of Times and Seafons ; not by undertaking a public War of Religion through all the VVorld at once ; which, hovr hard and dangerous a Talk it may prove, you may jud^e. Kut this puts us in Mind, haw all
I
>
the World complained ihe laft Year of Plenty An. ig.jwnwl, of Corn i and God fcnt us a Cooling-Card this '**'• Year for that Heat : And fo we pray God, that this Defire among you of kindling Wars ((hew- ing your Wcarincfe of Peace and Plenty) may not make God permit us lo fall into the Mife- ries of both. But, as wc already faid, our Care of Religion muit: be fucb, as, on the one Part, we muft not, by the hoi Pcrfccution of our Recu- fanis ai F^ome, irritate foreign Princes of con- trary Religion ; and teach them the Way to plague the Protedants in their Dominions, with whom v.*c daily intercede, and at this Time principally, for Eafe to mem of our Profeflion that live under them ; yet, upon the other Part, we never mean to fpare, from due and feverc Punifhment, any Papift that will grow infolent for living under our fo mild Government. And
â– you may alfo be afliired, we will leave no Care untaken, as well for the good Education of the Youth at Home, cfpecially the Children of Pa-
' pills, as alfo for preferving at all Times hereaf- ter the Youth that are or (hall be Abroad, from ' being bred in dangerous Places, and fo poifoned ' in Popifh Seminaries, And as in this Point, namely, the good Education of Popifh Youth at Home, we have already given fome good Proofs, both in this Kingdom and in Irefoedi fo will we be well plcafed to pafs any good Laws
â– that ihall be made, either now, or at any Time ' hereafter, to this Purpofc.
*â– And as to your Requeft of making this a Sef- ' fion, and granting a General Pardon i it (Hall
be your Defaults, if we make not this a Scf- ' fion before Chriftmat.
* But for the Pardon, yc crave fuch Particulars ' in it, as we muH be well advifed upon; left, ' oiherwile, we give you back the Double orTrc- ' ble of what we arc to receive by your entire Sub- ' fidy, without Fifreenths. But the ordinary ' Courfc we hold fitteft to be ufed l^ill in this Cafe, ' is, tiiac we IJiould of our free Giace fend you
i^ * down
jo6 The TarUanieHtary Hist out
' ''Si'""^* * ^^°^^ a Pardon from the Higher Houfe, cdntain- ■"^ * ingfuchPointsaewefcaUUjinkfittefti wherein,
* we hope, ye ihall receive good SatisfaSion.
* But we cannot omit to fliew you, how ftrangft
* we think it, that ye Should make fo bad and ' unjuft a Commentary upon fome Words of our
* former Letter, as if we meant to reftrain yoa
* thereby of your antient Privileges and Liberties
* m Parliament. Truly> a Scholar would be a-
* ibamed fo to mifplace and misjudge any Sentences
* in another Man's Book. For whereas, in the ' End of our former Letter, we difcharged you
* to meddle with Government and Myfteri^ of ' State, namely, Matters of War or PeacCi or
* our deareft Son's Match with Spain j by which
* particular Denominations we interpret and re-
* ftrain our fotmer Words : And then, after, wtf
* forbid you to meddle with fuch Things as have â– their ordinary Courfe in Courts of Juftice j ytf
* couple together thofe two diftinft Sentences,
* and phiinly leave out thefc Words, Of Myfteriei
* 9f State ; fo as ye err, a bene Dwtft$ ad melf
* Cfinjun^a. For of the former Part, concerning
* Myfteries of State, we plainly refttained our Mean - ' ing to the Particulars that were after mentioned ;
* and, in the latter, we confcfs we meant by it
* Sir£rfK;ar(/Ci)if^'sfoolifhBufme6{^> Andthere-
* fort it had well become him, efpecially being
* ouf Servant, and one of our Council, to have
* complained unto us ; which he never did, though
* he was ordinarily at Court fince, and never lud
* Accefs refufed unto bim.
* And although we cannot allow of the Stile, ' caflling it. Tour antient and undoubted Right and
* Inheritance ; but could rather have wiihed, that
* ye had feid. That your Privileges were derived
* from the Grace and PeimiflkHi of our Anceftors .* and us ; (for moft of them grow from Prece-
* dents, which (hews rather aToleration than In-
* heritance ) yet Wc are pleafed to give you dui
' Royal
M'fhi6A£UittLMiiit3iDAGd4mtb, Sw Ctmmm J0m^
0/ E N G L A N D. jo;
Royal AH'urance, that as long as you contain ao. 19. jamcti, yourfclves within the Limits of your Duty, we «**"■will be as caieful to maintain and prefen'e your lawful t-ibcriies and Privileges, as ever any of our Predcceflbrs were, nay, as to prelcrve our own Roy,-»l Prerogative. 00 as your Houfe fluU oniy have Need to beware 10 trench upoa the Prero^tivc Of the Crown ; which would en- force U3, or any juft King, to retrench ihtm of their Privileges, that would pare his Prerogative and Flowers of the Crown : But of this, we hope, Ihcre fhall never be Caufc given/ Vat/dat Newmarket, Dec. ii> 1621,
Kuihw^rth writes. That the Lord Keeper 7j^/-TljeKifig»3riM AVff» advifed, *Thatthe Harlhnefsof this AnfwcrJ^'i^*'"'^'^ IhouM be mitigated with a Letter from the King *"'* 10 the Houfes {q} : For, faid he, his Majefty right- ly infers, That ihol'e Privileges, which they claim to be theirnaturalBirth-Rights, atebutthe Favours of former Kings : For where were the Commom be- fore Henry L (r) gave them /iuthortty to mat in Par' Hament ? Now the King*s Afiertion and their Claim may cafily be reconciled, if Men were peaceably difpofed, and afie^ed the Difpatch of common Bu- fines/
* Thefe Privileges were, originally, the Favours of Princes ; neither doth his Majefty go about to impair or dimtnlfh them ; therefore, if he would be pleafed to qualify the PaHage with foine mild and noble ExpicfTion, and require ihem ftrifVly to prepare Things lor a Scfiion, and to leave iheie needlels Diiputcs, he (hall make it appear to all wife and juft Men, that ibofe Perfons are oppofite to thofe common Ends, whereof they vaunt them- fclves the only Patrons. £«/, Ut his Majifly H&
what
^f) CoB.'ff'OMi, Vol. I. P. ja. All thij be his taJcen from a
letter to the Ouke cit Bitekingb^in ttom the Lord Ktx^tt }VitiiaMt^ pnnteil in th<- Cihjli. TSc PiHi^ci ia the Italitk CbtrtStr m omitted \rj RuJUnowtb.
CrJ Sie. Orig. But it mua be a MUbltc taiicad of £1117 UI. SevoqrGiaVfll. P. 6S.
The TarliiWicfttary H i s T o r t
, 19. Janicil. whst be pUofei^ he was afraid, altho* herein the Lord ]6»i. Treafirtr and othen did differ from him, they did Mt affe^ a Sfjpott, mr intended to give any Suhjjdy at ally at this Time. Would ihe King be pleafcd alfo to add in ihis Ijetier, That if they will not prepare Bills for a Scffion, he will break up the Parliamciu, without any longer Prorogation ; ac- quainting ihe Kingdom wiih iheir UnduiifulneGi and Obflinacy, and fupply the prefent Wants by fome other Means : Or clfc will he adjourn the prefent AfTembly to the appointed eighth of Fg' bruary: This latter Courfc is fitter for farther Ad- vice ; but the former to exprefs a juft Indignation/ T)ie Loid Keeper concludes bis letter thus : * J dar^ advifi tiothifig in fi high a Paint ; but htvnhfy b^^ jeew Almighty Gffd to illuminate his Afajejly's Uf^t derjlanding, to infifl upon that Courfe which pJoU 9^ jmd hthffveful for the Advancement of his Service » In 6ur Houje bis Majejifs Servants are very ^flrongy dnd itiaeaje every Day \ mr is there the leajl Fear cf any mniignant Oppojition.''
Mr IP'ilJon tells us, * That this Advice was iti romi Meafurc followed ; and that the King, findijig tb Houfe of Commons had given over all BuHnefi did write again to the Speaker and to Secretar Cahert, in order to take off the Edge of tho fliarp Expreflions ufcJ in his late Anfwer. Bui adds our Author, the Houi'e found the King's Let tcrs rather to entangle the Way, than leave a fro Paflage to their Liberties ; for that which was their â– Birth-Right, was now faid to be derived fiom his Anceftors : And, as they judged the King woulj difiblvc the Parliament, they refolved, continues he, wlialioever fhould befall them, to leave fome Prints an.) Kooiftepsof their Parliamentary Rights and Privileges, left ihcm by their great AnceftoK : That tho* they could not prelcrve them entire, thofe that fhould fuccecd might, at leafl, Hnd fome Relid^s and Ruins of what they once had.
What this Writer means, was a Proteftation which the Commons entered into, in Vindication Qf ihfir Pari i:i men tary Rights and Privileges ; but»
J
as that Aftair was their !aft A6l,'wc fiiall refcrve itAn.jg.Jwneil. to the Conclufion ; and go back a liiile into the '*"• Proceedings of the Houfe of Lords at this Period.
It may be aflted, What was become of Sir John Fixther Acmmt Sennet's Affair, which was entered into with foofSirjohnBea- much Warmth at the laft Sittmgof Parliament? ^'''^^"** But we hcarno mere of it in this, than his making his Appearance to lave his Bail, and being ordered [o attend from Day to Day ; which proved fo tedious that Sir Jeh^ petitioned the Houfe either to be tried, or difch^rged from fo clofe an Attendance, This was not complied with, and he was obliged to wait, without any Trial, till the lyxhof D^cem^ ber i on which Day it being lignificd to the Houfe, that Sir 'John Bsnmt was fo fick that he could rot, without great Danger of his Life, make his pcrfonal Appearance, as was fhcwn by a Certificate from hb Phylician, Dr. BQihrviki It was agreed that the faid Sir Jdn Benmt (hould (bnd upon his Bail for his Appearance, but not to incur any Dan- ger of Forfeiture for bis Non- Appearance at this Time, by reafon of his Indifpofition.
Thereupon the Lord Keeper acquainted the Houfe, That many Petitions were exhibited, eveiy Morning, againft the faid Sir "John Bennett which were much called upon. It was agreed, ' That, left the Juftice and Care of thisHoulc, to qucflion the faid Sir j^?A« Bennct for the fame, may be doubted of. Notice fhall ije given to thePcntioncrs, that this Time was defigned for greater Affairs, and too fhort now to proceed againft him upon ihofc Com- plaints; but that the Lords did refolve, at the next
Accefs, to proceed againft him cffcdually.' As
this next Meeting never came to pafs, in this Reign, it is very probable, if Sir John Betimt did not die of this Illnefs, that he got off his Trial and Cen- fure by the Confufion of the Times ; for his Bail wouM be dilcharged in couifei at the Dillbluticn. of the Parliament (t).
Sir'
ff) Skjclft BtnMt cbtjJ/ied the KJng't Pardon, ai apprin ip « Lettct of LATd Batcn's to hit M2J«ft]r,iame Time aft«t th)i| whra- ht lyaa fcuiicauig fm bit own. CmbaU, P, 6i.
jio The 'Parlmmcntary Hi s T o r y
Aa. t^. /mm* I. Sir J*hn Bouckiert a Torijhire Knight, had prelent-j x6»». ed a Pcliiion to the Lords, on the 3d o^ Deumbtr^ complaining of Tome indlrefl Dealing in the Lord Keeper of the Great Seal, for not giving a fuffici-i eiit Hearing 10 a Caufe of his in Chancery, and re-] Pronedingt »- fufing to tc-hcar the fame. Tlie Lords took thisi jimftSit John Pciiiion Into Confidcraiion, for feveral Days toge-j S^:nt'ihr'urt ^^^'" > ^^^^ aficf examining feveral Witnelfes, pr9 Kn?cx wM^Afflc ^ f ^'Tj came, at lafl, to this Rcfolution on the Queftion, That the I.x)rd Keeper was freed fror any precipitaic or hafty Hearing of Sir Jchn Bm-A (h:er\ Caufc, as was alledgcd in his Peiilior. And, J en a fccond Qucftion, it was agreed. That the faid Sir J cb ft Qio^\d receive fomc Onfure or PuniXh-J mcnl for the feme. J
Accordingly, Dec. 12. the Sentence againft Sir' Jdhi Bou{hitr was HfTcnied to, viz. That he flamld^ make an AiimvjUii^tment^ in their Hmfty and in Chancery^ cf bis Fault ; and that be Jbjuid he im- prijhiid. But the Lord Keeper faying, Thar ihe^ laid Sir Jahr: hehaved himfcif well and temi^crately J At the hearing of his Caufe in Chancery, and be-i leeching their Lordfhip-'i to remit the Aclcnowledge-J mtnlot his Fault in that Court* and likewifc hii Itrprilbnmerit ; the Lords highly commended' the Lord Keeper's Clcaicncy, and remitted both, â– Then Sir John being brought to the Bar, and hisi AcknowledgemcnC, ready drawn up, being dcliver-J cd to him, he> kneeling, faid. My Lerdi, in Obedi'^ ence fa the "Judgment ofthii Houje^ I humhly fubmii, myjelf-f and then read the fame in thefc Words :
Hi, stAffliiJioD. Whereas, by the Hcncurabie Sentence of tbe LvrdA Spiritual and Tempcral^ IJtand ecnviilta cf a great\ Mificme^KOUTt fsr taxing and laying an hrtputatiefA on the Lord Keeper of tbe Great Seal of England ; do, ill ati HumbUntfi, aeknsivkdgc th fufue of^ thai tbeir Seniente, and alfi mine cwn Fault end O/^' feme^ and am heartily jerry tkcrefsre-^ IdSy thrcfsre, " irave Pardon^ kth of ycur LtfdJbipSj in genera., and if tbe Lord Keeper, in partiiukr,
....,., . ^ Tbevi-"^
Of ENGLAND, ^if
Then, being commanded to ftand up, the Lord Ail 19. jtmesi; Keeper told him* That, at his Rcqucft» the Lords •*»»'• did remit the Acknowledgement to be made in Chancery, and alio his Imprifonmeni : For which the laid Sir John Botukier moft humbly thanked their Lordlhips, and particularly the Lord Keeper.
But, notwiihrtanding the Miidnefs of this Scn-. tencc, for traducing the then principal Officer of State, this Man lived in the nexi Reign, not only to vote the Houfe of Lords out of Doors, but al& to embrue his Hands in his Sovereign's iilood.
Dee. 1 4. Things being in theconfufcd State, al- ready mentioned, between the King and the Houfe of Commons, and no Likelihood of a Supply from that Quarter, a Motion was made in the Upper Houfe, by the Lord Digb^, to put the Commons in Mind, * That this Seflion was called to provide % prefent Support for the Palatinate^ as was delivered, by Mefiage from his M?jefty unto boih Houfes, at the Be^nning thereof.' His Lordihip likcwlfc faid, * That he had fince received many Advertife- ments of the great and prcfent Danger the Pala- tinate was then in ; as well by the Army of tlic Duke of Bavaria^ in purfuir of Count mamfield, as alfo by the Army of that Count, who caiiK for the Defence of the Paht'matey if he be not fpeedily fupplied with Means from hence to fupport it : Be- caufe that Country was notable to pay the Soldiers, nor to feed fo great an Army ; which muft be in great Diftrefs for want of fuch Relief. That di- vers Terms of Peace had been off'eicd the Count, Very fair for himfeU ; yet he would not hearken to any, fo long as he hoped to be relieved from En- gkni, and might, !n any reafonable Time, be af- fured thereof. Which Advertifcmcnts of the Dan- ger and Hope of the Palatinate^ his Lordfhip thought good, in Difcharge of his Duly to the King, to acquaint their Loidftiips wiih, that they might take the fame into their Confideration/ ' tj,^ Lj«fa pro
The Lords having duly weighed the Miittcr, iipofcaMenin was agreed, being firft put to the Queftiou, Thaf'"''^'^*^'?' _ there fliail be a Meeting with ihe Houie of Com-J^j""* * "''"
moos
jii JheTarllamentary HiSToar
Afl. 19. juDuLmons concerning the Narration made by the Lord i6u. Dlgby, And it was alfo agreed. That, at the laid Meeting* the Lord Keeper (hall firfl make an In* troduftion, and the Lord Dighy Ihall proceed in his Narration to the Commons. Then the Lord mgh defircd to be dtredled by the Houfc, or a Committee, in his Narration ; and it. was ordered. That his Lordfliip ihould put down the Heads there- of in Writing againft the next Morning : At which Time it was again agreed, That it Ihould be deli- vered as a Narrative only. Btt ire prevent- ^"^ "° Mcflagc for this Meeting was ever fent ed by thToiiro-io the Commons j for, on the 18th Day of Decern- luiionof the Par- ^^T, his Royal Highncfs the Prince prefented a Com- awnenc mifiion, from the King, for the Adjournment of this
Parliament to the 8th of February enfuing: And, on that Day, by another Commiflion, it was finally dilTolved.
Thus did this Pari iament continue almoft » Year, and fat, altogether, between five and fix Months of it, without one finglc Adl being pafled, except the Grant of two Subfidies in the firft Scflion of it ; tho'B tberewereeighty-onc public andprivaie Bills deliver-™ ed into the Houfe of Lords ; as appears by a Cata- logue of their Titles at the End of the Jeurnal of ■^ this Parliament. — A Thing unprecedcoted before,^ in all thefe Enquiries. What the Reafons were for their Diflblution, appears plain enough, by the
Heats and Animofiiies in the Commons. But
we wave all Reflexions, and fhall leave the Times to fpeak for themfelvcs.
We took Notice before, that theCommons, fore- feeino; their Dillb'iition, entered a Protejlation^ in Vindication of their Pailiimentary Rights and Pri- vileges.— It was exprefibd in the ioUowing Terras ;fl
Th« Commons 'T' H E Commmi nnu offemblfd iji Parliament^
pfotci^atioii m X hg{r,v jiiiJJy saafioncd tlercHnt^ eoneerninz fien'
their i>ri*iicg«ii. oT ^oerttes, Frammjei, am rnu leges of rarba-
mertty amcng/i sthers here meNtisrted, ds make this
Pro-
1
0/ E N G i- A N D. jtj
Pfoteftation foUstuing^ That the Liberties^ Franchi- An. ij.JtmeiU fes. Privileges^ and Jurifdi^imi of Parliament^ '**«• are the antiettt and und^bted Birth-right and In- heritame of tbe Subje^s of England ; and that the arduous and urgent Affairs ionterning the Kingy State^ and Defenu eftf}4 Realm, and of the Chunh of England, and the Maintenance and Making cf Lawfy and Redreji of Mi/ckiefi and Grievances which daily happen within this Realm ^ are proper Subjeiis and Master of Counfel and Debate in Par- liament ; and that in the handling and prtteeding of thofe BufineJJest every Member of the Houje of Par- liament hath^ and, of Right, ought to have Freedeth <f Speech t to propound^ treaty re^fin^ and bring to Conchifion the fame : And that the Commons in Par^ Hament have Hie Liberty and Freedom to treat of thefe Matters in fuch Order, as in their fudgments Jhallfeemfittejl: And that every Member ofthefaid Hnife hath Uke Freedom from all Impeoihment, im' prlfanment^ and Mokjiation (other than by Cenfure of the Hottje itfelf) for or concerning any [peaking^ rea- foningy or declaring any Matter or Matters touching tl?e Parliament , or Parliament- Bufinefs : And that if any of the faid Members be complained of, and queJiion~ edfor any Thing done or faid in Parliament^ the fame is to be jhewed to the King by the Advice ana Af fent of all the Commom ajjembled in Parliament^ before the King give Credence to any private Infor- mation.
f
This ProteJIatian was made and recorded irt ^jiJ^h ,he Kiog the Journal' Bsei of the Commons, December theflrikosoucofthe l8th, the Day of Adjournment. But how iheJ°"_":tl'_**"^*^ King took i:, will belt appear, by his fending* for the Journal-Book of the Commons, in Coun- cil, and ftriking out this Proteftaiion Viith his own Hand{u)\ and by the following ^Wffn'j/, which was publi{hed foon after, as is feen by (he Date
of it. Vol.. V. K k Whlte-
' own Hand.
(:i} It appCBn by tbe frinttd Jotirnah tlut it is GithtT CltScJ «t
ifoi.
A MmiorU
thereof ordCTt^ ' tu b< enlrvil in t the CooociU
514 The ParliamefitaryHisroyir
Whitthall^ Ditember 30, 1621.
HI S Moft Excellent Majefty coming thii Duy to theCouncil, ihe Prince his High nels, and all the Lords and others of hisMajelly'd Privy-Council fining about him, and all ihc Judtres then in iW^n, which were fix in Num- ber, there aueniiing uiKin his Majefty ; the ClerS of the Commons Houfc of Parliament was ca\^. led for, and commanded to produce his jQurnaU Bifiky wherein was noted, and Entries made of moft Paflages that were in the Conimons Houfe of Parliament ; and aniongft other Things there was written down the Form of a Prstejiaticn conccinine fuadry Liberties, Privileges, an^^" Franchiies of Parliament; with which Form Protejlatdn his Majefty was jurtly oifendcdj Neverthclefs his Majefty, in a moft grariou Manner, there exprcflcd. That he never mean! to deny that Houlc of Commons any lawfu^ Privileites that ever (hey had enjoyed ; but what^ foevcr Privileges or Liberties they had by anjg Law or Statute, the fame Ihould be inviolably prcfcrvcd unto ihcm ; and whait'oevcr Privilege thej' en^ved by Cuftom, or uncontroullcd and lawful Precedcni, his Majel^y would be careful to preferve. But this PrQtejistien of the Com^ " mons Houfe, lb contrived and carried as it was his JWajefty thouglu fit to be razed out of all Mtmot'uih^ and utterly to he jinnihilaied; both in refptft of '.he Manner by which it was gain- ed, and the Matter therein contained. For 1 Manner of i^etring it, firft, in refpeit of Time: For riter fuch Tinic as his Hilaiefty, out of his princcl)- Grace, and to take away all Mi4 ftakings, had dirctlled his Letters to Secreta Culvtrtt dattd at Jisyjftn^ i6 DecembriSy therein had io explained himielf, in the Point ' maiatiintng tlie Privil^es of the Houfe of ComJ mons, as that raoll of the faid Houfe refted fuU ly fatisfied, and freed from any Scruple of having iheir Liberties impeached: And alter that, b)
Of ENGLAND. 515
his Majclly's Letters, dirc^ed to the Speaker, Aa. 19. janeii, dated 18 DecemUr^ being Tucfdsy^ his Majefty, i6»ri at the humble Suit of the Houl'e of Commons, condefcendeJ to make this Meeting a Scfiion be- fore CkrifimaSy and foe that Purpofc had aflign- cd Saturday following: Now, upon this very 7uefday^ and while the Meflcngers from the Houfc of Commons were with his Majefty at Thcobaldiy to return Thanks unto his Majefty, and therewith an Exoife from them not to make it a Seflion, in rcfpefk of the Stiaii of Time whereunto they were driven ; which Deferment his Majefty admitted of at their Defires, and thereupon gave Order for the Adjournment of
â– the Parliament unt I the 8ih of February uzxt^ which was the firft Day formerly appointed by his Majefty for the meeting together of the Par- liament: And whilfl their McSengers were with his Majefty, and had received a gracious Anfwcr to return unto their Houfc v even that Aftemoon, a Committee '.vas procured to be made for taking their Liberiic-'. into Confidera:ion : And this Af- ternoon a Protfjfatim was made (to whom, ap-
' pears not) concerning their Ijiberties; aiid at fix o'clock at Night, by Candle-Light, the fame
â– ProteJJation was brought into the Houfe by the ' Committee ; and at that Time of Night it was ' called upon to he put to the Queftion, there not
â– being the third Part of the Houfe then prefent;
â– whereas in all Matters of Wei^-'ht, their ufual
â– Cuftoni is, to put nothing of Importance to the
â– Queftion, till the Hojfe he full: And at this ' Time many of them that were prefent, cxpeft- ' ed the Queftion would have been deferred to ' another Day, anil a fulkr Houfc; and forae then ' prefent ftood up 10 have fpoken to it, but could ' not be ffjen or heard in that Dsrknefs and Con- ' fufion. Now for the Matter of the PrcUftation^ ' it is penned in f'm h ambiguous and general Words, ' as may lerve for future Times to invade moft ' of the Rights and Prero^Utves annexed to the
Imperial Ctowo ; the Claim of fome Privileges K k 2 * ht^ug
n. 19. f*in« I. ' being grounded upo
1621. * aflembling the Parliament, wherein Tome Words,
* v/z. v/fi/a/j i2/^ni, are cunningly mcmloned ; but ' ihe Word quibujdam, which reftrainetli ihc Ge-
* ncrality to luch partictibr Cafes, as his Majefty
* pleaftrin to confult wiih thctn upon, is purpofely ' omitted.
' Thel'e Things confidered, his Majefty did, this
* prcfcnt Day, in full Afiembly of his Council, ' and in ihe Prefcnce of the Judges, declare the
* faid Frotejiation to be invalid, annulled, void, and
* of no Elfc£t; And did further, Manu fuapro^
* pr'ids lake the faid Proteftation out of the jour^ « nal BoeJt of the Clerk of the Commons Houfe
* of Parliament j and commanded an Aft of Coun-
* cil to be made thereupon, and this Aft to be en-
* tcred in the Rcgiftcr of Council-Caufcs.'
Before the Time that the Parliament was ad- journed to(M2. February the 8th) the King thought proper to publifh a Proclamation for the Diflblu- tion of it i with his Rcafons for lb doing, Rujh" uiorth hath only given us a fiiort Abftraft of this Aft of State ; A very great Omiflion in a CoUeiior of fuch Materials for a juft Hiftory of thofe Times- Howcvcr, as we have found this Inftrumentf ac length, in another CoHeiVm oi public A^s{x)y we fhall, to avoid the like Imputation, infert it in its own Words and DreiSs,
A PROCLAMATION for dijfolvtni this prefent Parliament.
And a Prodana-* YV L B E IT the Aflembling, Continuing, and tionir^edftrtiflgt /-\ Diflblving of Parliaments be a Preroga- Be«fom fcr dif- *J^e 1<^ peculiarly belonging to our Imperial /(living ite Pit-* Ciown, wA thc Timcs and Scafons thereof fo UuntJit. i abfolutely in our own Power, that we need not
' give Account thereof unto any ; ycr, according to
* oijr cominual Cuflom, to m.tke our good Subjects
* acquainted with the Reafons of all our public
* RefoIutioDS ai\f] Aftions; we have thought it
* ex-
(«J RjmerU Fmdtrs, Vol. XVIU P, jh*
0/ E N G L A N D. j.7
' pedicntflt this Time to declare, not only ourAn.ig.JamHL
Pleafure and Rsfolution therein, grounded upon mature D'eiibcration, with the Advice and uni- form ConTenl of our whole Frivy-Council, but therewith atfo, to note fo me fpecia! Proceedings moving us to ihls Refolution; and that chiefly to this End, that as God fb the World may wit- nefs with us that it was our Intent to h^ve made this the happieft Parliament that ever was in our Time ; and that the Lclland Impediment thereof being dilcemed, all Mifunderftandings and Jea- loufies might be removed*, and all our People may know and believe that we are as far from imputing any of thofe ill Accidents, that have happened in Parliament, to any Want or Neglect of Duty or good Affedion towards us by ihem in general, or by the greater or better Number of Parliament-Men 1 as we are confident, the true Caufcs difcovered, they will be far from im- puting it to any Default in us, there having in the Beginning of this late AiTembly paflcd greater and more infallible Tokens of Love and Duty from our Subje^ to us thcJr Sovereign, and more remarkable Teftimonies from us of our princely Care and Zeal of their Wellfare, than have been in any Parliament met in any former Age.
* This Parliament was by us palled, as for ma- king good and profitable Laws» fo more efpecial- \y in this Time of milerable Diftra<5tion through- out Chrijlendcm, for the better fettling of Peace and Religion, and reftoring out Children to ihelr antient and lawful Patrimony \ which we ai- templedi to procure by peaceable Treaty, at our own excefTu-c Charge, thereby to fave and pre- vent the Efftifion of Chriftian Blood, the mife- rable F,ft'c(fl of War and Dilicnlian \ yet, with fjll Purpole, if that fucceeded not, to recover it ■by the Sword, and, therefore, as a necellary Means tanducing to thofe Ends the Supply of out Treafurcs was to be provided for.
K k 3; * This
1621.
AB.ig.JiiDwI.
t6ii.
The Tarltamentary History
* This Patjiament beginning in Janudry lift, proceeded fomeMonihs with fuch Harmony be- tween us and our People a? cannot be parallelled by any former Time^ for as the Houfc of Com- mons at the firft, both in the Manner of iheir Supply and otherwite, fhewcd greater Love and more Refpcdt than ever any Houfe of Com- mons did lo us, or, as we think, to any King before usj fo we upon all their Complaints have afforded them fuch memorable and rate Examples of Juftice as many Ages paft cjnnot (hew the like; wherein, that wc preferred iheWcal of our People before all particular Reipeits, the Things ihcrofetves do fufliciemly prove, our Jufticc be- ing extended not only lo Perfons of ordinary Rank and Quality, but, even to the prime Offi- cer of our Kingdom \ and, although, afler their ' firft Rece's, at EnjUr^ wc found that they mif- 'â– pent a great deal of Time, rather upon the en- ' largingof the Limits of their Liberties, and di- vers other curious and unprofitable T'hiiigs, than upon the framinii; and proponing of good and profitable Lawsj vet, we t',;ive them Time and Scope for their P-uliamentary Proceedings, and prolonged the Seflion to an unufual Length, con- tinuing it until the 28th Day ol /l^tfr, belore we fignified our Purpofe fcr their Receis ; and then wc declare-l ihat we would miike a Rccefs en the 4ih Day of 'June next loJlowing, but only for a Time, and hi luch Manner as might be without Difturbance to any of the Bufinefies in Hjnd; exprclTmg out of our Grace, though wc nredcd nor, the Caiifes of that our Purpofe, which were the Scalon of the Year, ulu3lly hoi and unfit tor great AlTemblies; ourProgrcfaapproacb- iiig; Uie Ntteflity we had to make ufe of our Council attending in both Houfcs, both wi fettle our wcighiy Affairs of State before we went, and to ajcnd us when wc went our Progrcfs i the di;furn(hfng our ordinary Courts of Jufttce| fo many Terms toeether ; the long Abfcnce or Jtifticcsof Peace ?.nd Deputy- lieutenants, whofe â– ' . ' Prefcace
1
0/" E N G L A N D. si9
Prefcnce was needful for making and ^eturning^n ,g T,nj(,i.
of M'jfters, and for fubordinate Government of i6xi.
the Country : And therefore wc appoinied lo
adjourn the Parliament on ihe 41I1 Day of June,
giving that Warning longer than ufual, that ihey
might fet in order their Buruiefj, and prepare
theit Grievances, which we proniifcd both to
hear and anfwer before that ReCcfs; for pre-
fcDling: whereof wc appointed ihcm a Time.
* This Meflfage, gracioufly intended by ik, was not lowcU entertained by fome, who in a fliort Time difperfed and fpread their Jealaufies unio others, and thereby occafioned Dilcanieatnient in the Houfe, for being adjourned without paf- fing of Bills; yet made not their Addrcfsto ua as was meet, but dffired a Conference with llie Lords, and at that Conference the 29th Day of MiJYy under colour of defiring to petition us for fomt further Time to perfeO and pafs Ibmc fpc* cial Bills, were imboldened not only to difpute, but 10 rcte! all the Reafons that we had given for the Adjuurnmenl i which being made known un- to us, we again fignified our Picafurs to both Houfes, that on the 4th Day of June the Par- liament fhould rife, but we would then give our Royal AffenC to fuch Bills as were or fliould be ready and fit lo be then pafled, continuing all other BullneiTes in the State they were, by a fpc-* cial Ad to be framed for that Purpofe.
* The Lords with all Duty and Refpeft fub- micted to our Refolution, pafled the Afl, anti fent it with fpectal Recommendation to the Houfe of Commons ; but they neither read it nor pro- ceeded with Biifmets, but fo^ettiiig that the Time was ours anJ not theirs, continued their Difcontent, as they pretended, for being lb foou dtfmiffcd.
* We, though it were ftran^e to obfervc fuch Averfcncfs for our icfolving, upon fuch weighty Reafons, that wherein we needed not be mea- furcd by any other Rule but our own prmccly Will, yet were contented to deWend from our
* Ri&ht,
^19. Jtmesf, |6%r.
jao TheTar/iat/tenta*y HisroKY
Right, to alter our Refolution, and to continue the SefTion for a Forlhnight more, wherein they might pcrfctt fuch public Bills as were cfteemed of mod importance i for which Purpofc, wcour- felf came in Pcrfon unio the Higher Houfc of Parhamcnt, and made Offer thereof unto them ; which being* in ef)c£t, as much as the Commons had formerly defired, was no fooner offered, but yielding Thanks to us, the fald Commons re^ folved, the fame Day, dire<fl]y contrary to their former Dcfire, to rcfufc it, and to accept our firft Rei'olution of an Adjournment, but attending us at Greenwich prefentcd no Grievances. * This Inconlbncy as we paffed it by with a gentle Admonition, fo, for the Matter of Grie- vances, as well of England as Ireland^ we pro- mifed to take them into our own Care, though not prefenied to bs, md really performed the fame fo far as the Time and the Advice of our Council of each Kingdom could enable U3i as Is witncfled by our feveral Proclamations publilhed in both Realms, as, likewile, in granting, at the fame Time, thofe tjiree Suits which were propounded unio us by the ArchbiOiop of Can' ttrbxiry^ at theRtiqucft and in the Name of both the Houfe5i but, in conclufion, the Houfc of Commons making it their Choice, we made a Recefs by Adjournment of the Parliament the 4.th Day of yj/wj though. Indeed, we muft do them this Right, that at the faid Recefs, taking into their leriousConfideration the preientEftate of our Children abroad and the general abided Ellate of the true Profeilors of Religion in fo- reign Parts, they did, with one unaninious Con- fcnt, in tlic Name of themfelves and the whole Body of the Kingdom, i^ake a moft duitful and folemn Proteftation, That if our pious Endea- vours, by Treaty, to procure their Peace and Sakiy, ihculd not take that good Eife^ which was dciired in the Treaty, whereof they hytm- bly b^fought us not to fuficr any long Delay : th;gp iipou Sigiiification ol our Flealure in Par- - * liainent^
Of ENGLAND. 511
Uament, they would be ready to theuttermoftAn. 19. JanwI. of their Powers both with Lives and Fortunes '**'• to affift us, fo as that, by the Divine Help of Almighty God, we might be able 10 do that by our Sword which by peaceable Courfes fhould not be effe^ed.
* But during the Time of this long Reccfi, having to our great Cliargcs mediated with the Emperor by the Means of our Embaflador, :he Lord Digby^ and having found thofc Hopes to fail which we had to prevail by Treaty ; we in Confidence of the Affiftance of our People, thus freely promifed and proteftcd in Parliament, did inftanlly ITionen the Time of the Reccfs, which wc had before appointed to continue until the 8th Day of February^ and did re-alTemble our Parliament the aoth Day of Novemhr laft, and made known unto them the trye State and Ne- ceffity of our Childrens Affairs j declaring our Refolution unto them of taking upon us the De- fence of our Childrens Patrimony by way of Arras, ftnce we coulJ not compafs it by ati ami- cable Treaty, and therefore expected tlie Fruit of that their Declaration, whereby we were invited unto this Courfe.
' Wherein, howbeit we are all well fatisfied of the good Inclination of mott Part of our Houfe of Commons, teftified by their ready Ailcnt to the fpcedy Payment of a Subfidy newly to be granted ; yet, upon this Occafion, fomc particu- lar Members of that Houfe took fuch inordinate Liberty, not only to treat of our High Preroga- tives, and of fundry Things, that, without our fpecial Diictflion, were no fit Subjects to be treated of in Parliament ; but, alfo, to fpeak with lels Refpedt of foreign Princes, our Allies, than was fit for any Subjedl to do of any anoin- ted King, tho' in Enmity and Hoftiliiy with us,
* And when, upon this Occafion, we ufcd feme Reprehciifiun touching ihofc Mifcarriagcs, requi- ring them nnctoprocccJbctinfuchThingsaswcre wiiliintheCapacityofLiialHoulcaccotdingtothe
^ coh'.
Aa.TQ. Jataeil.
' continual Cuftom of our Predcceflbrs ; then,
* by (he Means o* fome evil-afTeOeri and difcon-
* tented Perfons, I'uch Heat and Dtfleinjier was
* raisM in the Houfe, that, albeit themlelves had
* fucd unto us for a Scffion, and for a general Par-
* dun, unio both which, at (heir earncft Suit, we
* aflcntcdj yet, alter this Kire kindled, ihcy rcjcc-
* ted both, and letting apart all BufineiTes of Con-
* fcqucncc and Weight, notwjthftanding our Ad-
* monition and earned prening them to go lor-
* ward, they ti;hcr fat as filcnt, or fpent the Time
* in difputing of Privileges, defcantine. upon the
* Words and Syllables of our Letlcts and Mella-
* ges; which for better clearing of Truth, and Sa- ' lisfjflion of all Men, wc are about to publiflk
* in Print fo fuon as poflible we can: And, sl-
* though, in our Anfwcr to their Petition, wc gave
* them full Aflijrancc that we would be as careful
* of the Prerervaliori of their Privileges as of Our
* own Royal Prerogative, and in our Explanation
* after fcnt unto them by our Letters written to
* ourSccrctary. wc told them that wc never meant
* to deny them any lawful Privilt'oes that ever that
* Houfe enjoyed in our Predccefibrs Times, and
* that whalfocver Privileges or Liberties they en-
* Joyed by any Law or Statute fhouU ever be in-
* violably preferved by us, and wc hoped our Po-
* fterity would imiuicour Fcotf^cps therein; and
* whatfoever I'rivileges Ihcy enjoyed by iongCu-
* ftom, and unconiroulled and lawful Precedents,
* we would likewife be 33 careful to pt^ferre them,
* and tranfmi: the C^re thereof to our Pofterity ;
* confeCingourfelves, in Ju ft ice, to be bound to
* maintain them in their Rights, and, in Grace, ' that we were rather minded to increale than in- ' fringe any of ihcm, if they (hould fo deferve at
* our Hands ; which might fatisfy any reafonable
* Man that we were far from violating their Pri-
* vileges.
* And altho', by our Letters, written to their
* Speaker, we advjfcd them lo proceed and make ? this a SclEon, to the end our good and loving
Sub-
Of ENGLAND. 523
SubjeOs might have fomc Tafte, as well of our ^j,. ,j, jimwl. Grace and Goodnefs towards them by our free 1621. Pardon and good Laws to be paficd, as they had both by the great and unufual Examples of J ufticc fince our Meeting, and tlic fo many EaJ'es and Comforts given unto them by Proclamation; and altho' we had given Order for the Pardun to go on, and that in a more gracious and liberal Manner than had paffed in many Years before ; and fignified our Willjngnefs, that, rather than Time fiiould be mifpent, ihcy might hy afidc the Thought of the Subfidy, and go on with an ' Ad for Contipuance of Statutes, and the general
â– Pardon : Yet all this prevailed not to fatisfy them, either for their pretended Privileges, or to per-
â– fuade them to proceed with Bills for the Good of themfclves, and thofe that feju them. But as the vJefTJun and Pardon were by tliem well defired at firft, fo were they as ill rejected at the laft ; and, nolwithftanding the Sincerity of our Protcfta-
â– tions not lo invade their Privileges, yet, by Pcr-
â– fuafion of fuch as had been the Caufc of all thefe
â– Diftcmpers, ihcy fall to carve for ihemfelTcs; ' and pretending, caufclcfly, to be occafioned there- unto, in an unfeafonabic Hour of the Day, and
' a very thin Haufc, contrary to their own Cuftoms
in all Matters of Weight, conclude and enter a
• Proteftation for their Liberties, in fuch ambigu-
â– ous and general Words, as might fcrve for future ' Times to invade moft of our infeparnble Rights ^ and Prerogacivesannexedtoour Imperial Crown ; ' whereof, not only in the Times of other oyr ' Progenitors, but in the blefTcd Reign of our h'e ^ Prcdeceffor, that renown'd Queen Elizabeth^ we ' found our Crown adualiy pallciled ; anUfurpa- ' tion that the Majcfty of a King can by no Means ' endure.
* By all which may appear, that, howfoever iti
' the general Proceedings of that Houfc, there are
' many Foolfteps of lovmg and well-affef^ed D\x\f
towards us, yet fome ill-tempered Spirits have
fowcd Tares among the Corn, and thereby fn>-
' ftraied
324 77jffTarl/amentafy History
An. 19. JmwiI. • ftratcd the Hope of thai plentiful and good Har- i62i. < veft, which might have multiplied the WeaUh
* and Welfaie of this whole Land ; and, by their
* cunning Diverfions, have impofed upon us a Ne- ' ccflity of difrontinaing ihis prefent Parliament,
* without putting unto it ihe Name or Period of ' a SefTion.
* And therefore, whereas the HiiJ Afl'embly of
* Parli'imcnt was, by our Commiflion, adjourned
* until! the eighth Day of Fdruary now next en-
* fuing, we minding not to continue the lame any^
* longer; and therefore not holding it fit tocaufe
* the Prelates, Noblemen, and Stales, of this our
* Realm, or the Knights, Citizens, and Burgeflcs ' of the fame Parliament to travel thereabout ; ' have thought fit lo fignify this our Refolution,, ,
* with the Reafons thereof, unto all our Subjedts.j
* inhabiting in all Parts of this Realm ; willmgand^
* requiring the faid Prelates, Noblemen, and States,!
* and alfo the faid Knighis, Citizens, and Bur-]
* gcfles, and all others to whom, in this Cafe, 1t{
* Ihall appertain, that they forbear to attend ac the)
* Day and Place prefix'd by the faid Adjournment j j
* and in fo doing they are and fhall be difcharged 1
* thereof againft us: And we do hereby further de-j
* clare, that the faid Convention of Parliament
* neither is, nor, after the ceafing and breaking
* thereof, fhall he, nor ought to be elleemed, ad- \
* judged, or taken to be, or malce ^y SeHion oF'j
* Parliament.
* And albeit we are at this Time enforced t<k
* break off this Convention of Parliament, yec1
* oui Will and Defire is, that all our Subje^Ihoul4
* take Notice, for avoiding of all finifter Sufpicions
* and Jealouiics, that our Intent and full Refolu-
* tion is to govern our People in the fame Man-
* ncr as our Progenitors and Predeccflbrs, Kings *. and Queens of this Realm, of beft Governmeui,
, * have heretofore done ; and that we (hall be i-are- A ful, both in our ow^n Pcrfon, and by charging
* our Privy Council, our Judges, and other our
\ MiniilcrSj in tfeci? ^Ter4 ?lACes xcfpcdlivcly, to
- — - '^ * di.
0/ E N G L A N D. 525
' diftribute true Juftice and Right unto all oufAn. ig-jamwr. ' People i and that wc fliall be as glad to lay hold 1621.
* of the firft Occafion, in clue and convenient
* Time, which we hope fliaU not be long, to call ' and aflemble our Parliament, wiih Confidence ' of the true and hearty Love and Affedion of
* our Subjefts, as either we, or any of our Proge-
* nitors have at any Time heretofore. Given at
* our Palace of W'ftmnjler^ the fixth Day of 5*^ ' mian, .6m. FeritfumRegm.
The ill-tcmper'd Spirits the King mentions in this Proclamation, vi^erc fevcral leading Mem- Several Meihb«tf" bent of the Houfc of Commons; amongftjl^;™!'''**** whom, we are told, Sir Edward Coke and Sir Ro' bert Philips [y), were committed to the Tower ; Mr Selden., Mr Pym^ and Mr AhUory, to other Prifons and Confinements, Orders were given for fealing up the I^oclcs and Doors of Sir Edward Cfih*s Chambers, in London, and in the Temple, and for the feiz-ing his Papers. And the Council, de- bating about the general Pardon that fhould hav(? palled this lail Parliament, had conlidered about the Ways of excluding him from thai Benefit, ci- ther by preferring a Bill againfl him, before the Public;a[ion of the Pardon, or, by exempting ihis eminent Lawyer, by Name ; for which, ihcy faid, they had Precedents.
Likewife Sir Dudley Diggs, Sir THmas Crew, Sir f^athaniel Rich, and Sir Jarr.ei Perret, as a cut oT the Way. lighter Punifliment, were fcnt into Ireland, joined in Commiffion with others, under the Great Seal of England, for enquiring into fundry Matters con- cerning his Majefty's Service, as well in the Go- vernment Ecclefiaftical and Civil, as in Point of the King's Revenues, and othcrwife, within that i(ingdona {z).
- Sir Peter Hayman, of Kent, was fent into the Palatinate \ and, not long after this, Sir John Sa-
jj) Chflinnin of theGjtnmitteefcir theLordChan:«Jlor5rf»ii'« Afuir, See before, P. 350. (as) Rujtwortb, Vd. 1. P. sJ.
526 TheTarlidtnentary History
Ao. 19. Jime«l.«''j''ff Knightof the Shire for the County of )Vjt, who 1611. carried all that Couniry at a Beck, and a powerful Man in the Houle of Commons, was taken otf by the King, made Comptroller of his Houfhold, a Privy Counfcllor, and. not longaftcr,a Baron {a). — ■A new Way, probably, in ihofe Days, but very common in our own.
Camhdetiy in the Annals of his own Times (^), mentions iifcewife the Imprisonment of Sir Edwin Sandp, a Member of Parliament, whilft that Houfc was fittings This occafioned great Refentmsnt in the Commons ; which was not to be pacified, tho* Secretary Cahert declared, on the :Sth of Govern' her. That Sir Edwin's Imprifonment was not for any Thing done in Parliament: For the Houfe was not fatisfied with this, but lent two of their Members to the Prifoncr to inquire the Truth of it ({). This is confirmed by the Auihority of the Journals, tho' neither f^il/h nor Ru/hasrth take any Notice of fo extraordinary an Affair.—- — But how it was refcnted by the King, appears by the parti- cular Notice taken of it in his Letter 10 the Com- mons— The Affair of the RecufantsaUo, adds our Annalill, occaiioned another Dillurbaace in the Houfe j ani-i it was ordained that they (hould pay double Sublidics, like Forc^ners ; forafmuch as they (hewed theinfelvcs to be Aliens from the eftabllfh- eJ Religion, and devoted to the Pspe,
It is certain that this King's pacific Temper, whatever Ground i: was built upon, occafioned iheLofsof the?J-'dr/fld;f i and laid the foundation of greater Evils at home. Indeed the unhappy Quarrel between him and the Houfc of Commons, prevented any Supplies being granted, at a Time wlicn they wcrt moll immcdiaitly wanted. The
King's
{a) It appeals By the Cowmonj "JiurvaU, iKit all the Memberr, heie mrntiunM, had puticnlarly dillinijiuiSi'd thcmlchd loOppo* fiticn to tha S^dnijh Mafch, fiTf.
fb) Prinlcd ill Ktnnet, Vnl. II. P. 6sS.
U) Sir Fitit IlJitr.jt anJ Mr. Malltn.
yturntU V«J. I. P. «54.
w
0/ ENGLAND. ja;
King's Difguft at the Oimmonsis imputed to theAn. i9.JafTi«bi, lubtle Machinations of Gcmiomtir, the Sparii/h Am- i^^-u^ bafliKior i who, it is faid, influenced the greatcft
Part of the I*rivy Council. The Miniftry liemg
prevented in the Supply, went upon other Ways and Means to raifc Forces without i: ; which fhews that the King was, feemingly, in earned about the Matter. The Privy Council appointed the Keeper of the Records in the Tcwer, to fearch for all fuch Evidences, concerning the Levies of Men at the public Charge of ihe Country, from the Reign of King Edward III. to the prtfent Time. Letlcrs were alio diredtcd to the Juftlces of the Coans at iVeftminJler^ and to the Barons of the Exchequer, of the Tenor following:
^HAT EndiavBurs bis Mdjefly hath uftd hyu^^'m imiedby Treaty y atid by all fair and amicable IVayi ^cthe Privy-Coun- ruovet the Patrimony cf 'tis Childrtn in tiermany.g^^^'^jJJ'^'j^* * ncw^ fsr the mofi part, with- holden from them by Fcrte, is not unkfawu t3 all his loving Subje^s, Jince his Mqyejiy was pltafid to commttnicate to them in Parliament his whole Prcceedings in that Bafinefi : Of which Treaty^ being of late fnijirate, he wat ■inp^ud to take other Refhlutism ; namely^ to recover that by the Swsrd, which^ by other Aleans, he /aw no LihlihwJ to eompafs : Fitr ivktch Purpofe it was expt£led by bii Maje/iyy that his Pe^ipfein Parliament would, in a Caufe fi nearly cenceraing lim and hit Children! Intereji^ have thearfully contributed there- unto. But the fatne unfortunately failing, his Ma* fejly is confirained, in a Caje cfjb great Neafftty, to try the dutiful /ffe^kns of hii loving Subje^s in anff- ther IVay, as h s ^redecejjon have done in former TimeSt by propounding unto them a voluntary Contri- bution: jind therefore, as yourjelvei have already given a liberal and worthy Example^ XMbich his Ma^ jejly doth take in very gracious Ptirt,f hii Pleafure is, and we do accordingly hereby authorize and require your Lordjhips, as well to countenance and ajjijl the Service by your befl Means, in yovr next Circuits, in the fever aI Counties whrt you bsld General Afftzts \
5a8 77je TarliamentarjKisr OKT
An. 19. James I. ^J ^^/^ now preffnt^^^ iv'ith all csnvenient Expedithrti Wax. to call btfert you all tl}t Oficen and Attorneyi belong- ing to any hh AfsjejiyU Courts of Jujljcet and alfi all fuih etbfrs of the Hsufes and SodetiiS of Ccurtj or that otherwifg havt Dependance upon the Law^ as are meet to be treated witball in this Kind^ and hav^ not already contributed ; and to mave them to join wil* iingly in this Contribution^ in fome good Meafure an'" faerabU to that ymrfehe^ and others have done before usy according to their Means and Fortunes : fPTvret'n lis MajeJIy douhteth mty but [beftde the Inlerefl ofbl Children^ and hisozun Crown and Dignity,) the ~ Sgion profejfed by his MajeJIy, and happily feurijhin^ under him within this Kingdom, having a great Pari in the Suctefs of this Bufinejs, will be a Jpecial MoA iive to incite and perfuade them thereunto. Nevertbe% lefs, if any Perfsnjhall, out of Obflinacy or DifafeA lion, refufe to contribute herein, proportionably to tbeifi Eflates and Means^ you are to certify their Nam^ unfa this Board. \
And fo, recommending this Service to your befl Caril and Endeavour^ and praying you to return unto uA Notes of the Names of fuch as Jhall emtribtiie^ ana if the Sums effered by them, we bid, &c.
* Letters to the fame Eff*e6t were dire£led to the High Sheriffs and Juftices of ihc Peace of the fc- vcral Counties ; and to the Mayors and Bailiffs o{ ] every City and Town Co'porate within the King- dom, requiring them to Tummon all of knowa ! Abilities wtihin their Jui ifdiftions, and to movtf them to a cfiearful Contribution, according to thcic Means and Fortunes, in fome good Meafure an- fwei iblc to what others wcll-iifte£ted had done be- fore them. AJfw to make Choice of fitCoIlec-' tor$ of the Monies, and to return a Schedule of] theNartiesof fiK-h asfliyll contribute, and ilieSums that arc oiieitjH by them i that his Mfijefty ma/ take N(jtlce of the p;uod Inclinations of his Subjefls to a CAtfe of fuch Importance ; as likewifc of ]"ucU others, if any fuch there be, as, out of Obftinacyof Difaredion, fliall /cfuTc to contcibuts,*
Of ENGLAND. 529
We cannot find, by any Hiftorian» what Sue- An. 19 jwneifc cefs th's Projcffl met wirh ; and therefore wc con- 162'- elude il had no tffedt ; So the King xvas re- duced to go oil in his old beaten Path cf Solicita- tifins and Treaties, nctwiihftanding the bad Sbccefs of his former Mediations.
About this Time a Proclamation was publ'^ed^^^p^^jj^^^ by the King, requiring all his Subjects to [n-jng their tw.i reuting n 1 Complaints of pubJic Grie^'Tinces, to a felcft Num- CricTan«». ber of Lord-, who were to fit, at ff^kiubjll^ once a Week for that Purpofe, in order 10 have ihcm redrcfs'd afterwards by the King and Council [d],
Tlie two fuccceding Years were almoft wholly ^000 i6i». taken up In carrying on the S^anip) Match, and the Prince's Journey into Spain to effedt it- Our larger Hiftorians arc copious enough in the Recital of all ihis Pageantry » as the Confequence evidently fhew'd it to be. But all the5'^irffry7yChiCr.ncry,in the Affair, being found out, Kmg Jatms turned The Tables upon them, juft at a Time when the Spamard feemed to be in earneft, and the Lady was left in the Lurch, in a Manner that Court juftly deferred.
The Prince and Buding}^m being both return'd Aano j6m. to England from their fruirlns Expedition, and pia- ny Exigencies of State requiring it ; the King was advifed to call a new Parliament, noTwithftandineTheKiinadn'»»4 his difagreeable parting with !he laft. Rbfrvusrih^^J^^^J^^'^^'" writes (^), * That fome of his more faithful Coun- fellors had reprefented to him the Difguft ihc People had taken, becaufe the Subfi' .es, grjnted in the two laft Parlhmenis, had no Retribution, as ufujl, by any Aft of Grace : That fome of their Buigefles were proceeded againft, after ihe Parliament was diflblved i and that when they had faiiified the King's Demands, he would, neverthelefs, proceed ro the Conclufion of the Spaui^ Match ' This laft Aff;^i^ muft have been a great Stumbltng-B!cck in the People's Way : Manv Mcn^ then dlive, welf
Vol. V. LI rr-
(rf) B'mtr'i PobSc AA*, Tom, XVII. P. 451.
(r) diraitm-t. Vol, I. P. 115 TJce* from .1 Lrtt€f WTH* to tligi Kin(i by the T-trl of CtrLjU, liaXei fehrutrj 14, i6t j, \n 'h? tJUt i*fat P. 1^7. iiMUj^h nov fo naoted bjr i[ir^^Tiw,'ii>.
liaownt.
L
S30 fhcTarlhmaitr.ry History
Ab. ii.junetl. iememhre<J the Tnvafion in I588, and the reft had '*'3' been lold of it, fiom their Failwrs, with Horror: And ihis hid imprinted in their Minds iVich an An- tipathy to Spaiity ihiir a Match with that Crown jnuft ihcn have been tlif moft difagreeable Thing in the World to an Engiijhman.
But this frighrful Ohjcft being in a fair Way to be removed, the K.mg was the more eafily induced to call a Parliament-, and Writs were lent out for one to meet ?.t lyeftminjler on the 12th Day of February, Anno 16^3, or the twenty-firft Year of thfs Reign, according to the Advice of the Earl of CarliJJty which, in a Letter, be had hurably offered to his Majelly.
Wc cannot conclude thb Volume better than with a Quoisiion from that noble Lord's Propolal, fo well calculated for the Honour of the Prince, and the truelniereftol theSubjeft(/). h nmsthus:
The Means arc, briefly, thefc Three; ' I. Let your Majcfty's Eiicmies fee that the Lion hath Teeth and Claws.'
* 2. Next, embrace and invite a fln'fl and fin- cere Fricndfhip and AfTociation with thofe whom Neighbourhood and Alliaixe, and common Tnrc- reft of Sratc anJ Religion, have joined unto you/
' 3. Laft of all, cad off and remove all Jca- loufies which are between your Majefty and your People.*
* Your Majefty raul^ begin with the laft; for, upon tliat Foundation, you may afterwards fet what frame of Building you pleafe,' And when ftiould youEiegin, Sir, but at this Overture of your Paiha- mcnt, by a gracious, clear, and confident Dilco- very of yourlntcmions to your People? Kcar thcai not. Sir ; never was ih\:ic a better King, that had better Subjefts, if your Majefty would trufl them. Let them but fee that you love them, andconftanify rely upon their humble Advice and ready ACirt- ance; and your Majefty will fee, how iliey will 101C open their Brcafts to give you their Hearts i
and
Of E
and having them, your Majcfty is fure of thcirAn.ii.Jimar,
Hands and Purfes. Caft but away feme Ciums of your Crown amongft ihem, and your Majcfty will fee thofe Crums will woik a Miracle; they will falisfy many Tlioufands. Give ihem Afiiirance that your Heart was always at Home, though your Eyes were abroad ; invite them to look forward,and not backward, and conflantly maintain what with Confidence you undertake, and your Majcfty wfll iind admirable Etfedts of this harmonious Concord. Your Majcfty as the Head dircfling, and your Peo- ple as the Hands and Feet obeying and co-operat- ing for the Honour, Safety and Welfare of the Body of the State. This will revive and re-unite your Friends abroad 5 difmay and dilappoint the Hopes of your Enemiesj fccurc your Majeft/3 Peribn j aflure your Eftate ; and make your Me- mory glorious to Poftcrity.' How far this la-
Jutary Advice was followed, and what Effcwl it had, will be the Subjcit of our next Volume.
m
The END of the Fifth Volume.