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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- 
■* 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 /■;)/# 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. !■ 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; 

/■^^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 ■'^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- 
■ 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 

■ 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 

■ 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 
■ 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 

■ 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 

■ 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- 
*■ 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, 
■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 ■, 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 ■ 
' 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 

■ 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 

■ 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- 
■ 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 
■ 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 



■ 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 

■ 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 

■ 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- 
■* 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 
■ 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 

■ 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, 
■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- 
■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 
■ 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, 
■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, 

■ 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 ■> ^ . '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. 

■ 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 

■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, 
■ 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 ■, 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 
■ 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- 
■ 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 
*■ 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 
*■ 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 

■ 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 

■ 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 •■ 

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, 
■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- 
■ 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* 

*■ 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- 
*■ 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 

■ 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, ' 
■ 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. 
■ 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 
■ 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, 
■* 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* ■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*^™ '^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- 
■ 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* 
■ 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 ■ 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; 
■ 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 
*■ your Memories, divide the Maiier, that 1 am 

< to fpeak of, into four Heads ; by opening unto 
'■■ 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 ; 
*■ 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 
*■ 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 
■ 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 
*■ 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« 

■ 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 
*■ 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 

■ 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 
*■ 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- 
■ 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 
■ 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. 
■' 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 
*■ 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 



■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 
■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! 
^■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). ■ ■ - . 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 




■ 



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- 

■ 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- 
■^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 
*■ 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 
■ 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 
■ 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. 
*■ * 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 
*■ 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 
■ 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, 
■ 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 
*■ 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- 

■ 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 

■ 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 

■ 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 

■ 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, ■ 

* 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- 
■ 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 
■ 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 **'"■ 
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. %■ 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- 

■ 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 
*■ 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 
■ 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 ■, 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 
'■ 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. 
*■ 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* 
*■ 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. 



■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, 
*■ 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 ■■, 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, 
■ 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,\ 
■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 

■ Number ; But I leave them ; only this I would 

■ 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 ■ 

* 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 

■ 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.' ■ 

* 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 

■ 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 ' 
■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, ■> 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, ■ 
' 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 

*■ 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 /■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%. 
*■ 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 
■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- 
*■ 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- 

■ ' 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, 

■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 

■.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. 
*■ 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^'^''-^-'^'^^ ■''" ^^^ 
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^" ^^■> '^"'^ ^^' '' ^^ ^"' ?^ '^^ 
* 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^ 
■ *"***"■ full three t'ean Jimt and mre^ hath endured Ufi of J 
hit Phie^ Imprifonment^ and Confinement alfo, for ■ 
a great Timey tvhUh may juffice for the SatiifaC' ■ 
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 ■(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* 



■ 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 ;■ 
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'^""^''* '^^^'^> ^^^ '■^^** ^^^ ^^^^ 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 ]■ 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: 

*■ 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 ? ^fttt t 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 

■ '■ "" ^ 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(*). ■ 

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 
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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 



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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 



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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 Re