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6?> 6 if 

THE " "•■ 

PARLIAMENTARY 

O R 

CONSTITUTIONAL 

Hiftory of England} 

Being a 

FAITHFUL ACCOUNT 

Of all the 

Moft remarkable Transactions 

In Parliament, 

From the earlieft Times, 

T o T H E 

Reftoration of King Charles II, 

COLLECTED 

From the Journals of both Houses, the Records, 
original Manuscripts, fcarce Speeches and 
Tracts ; all compared with the feveral Cotem- 
porary Writers, and conneded, throughout, with 
the Hiftory of the Times. 

By Several Hands, 

Vol. VII. 
From the Second Year to the Fourth of King 

Charles I. 

LONDON, 

Printed ; and Sold by Thomas OJborne^ in Grafs Itmi 

AND 

William Sandby^ againft St. BunftarCs Church ^FleeuJtftiU 

MDCCLf. 



i ' 




fARtlAMENTARY HiStORY ■£.. 



ENGLAND. 




KN the 2o[b o^ April the Commons ar,i.C^1c*1. 
' refolv'd upon the Queft ion, ' That *•■•• 
I fctting all othet Bufmcfs afidc, they 
) 'would proceed in the great Affair 
k of the Duke of Buckingham, MoT' The Commdu 
_ I ning and Afternoon, till it w*^"^!^ 

_ J the end that they might next proceed D,jJ^BDct! 

to the Confideration of Satisfadtion to hts Majefty'tiachda. 
Nfcf&ge about the Supply.' 

But whilft the liowcr Houfe were bufy in tar- 
tying on. what is called in their Journals, 7^* 
Caufe of Caujis. and flnilhing their Articles againlt .j-j^ xtiotw. 
the Duke, the Lords wet? employed in the Trial oncni dutfn 
bf the EatI of Briftol. The firft Day of Mt^,^^'^}'>'J^ 
the Uftlcr of the Black Rod btoaght the faid EarI^J„fo'„° *Sfe« 
to the Bar, where he was ordered to kneel, becaufc the Lirit. 
he was accufed of High Treafon : Whenthe Lord 
ICee^r acquainted him, ' That the King had com- 
manded Ws Attorney General to charge his Lord- 
ftif) with High Treafon, and oiher Offences and 
Mildeitieanots of a very high Nature, that they 
Voti VIL A might 



a The Parliamentary Hi sroKY 

An. 2. Charles 1. might proceed in a legal Courfe againft him, ac- 
cording tQ the Juftice and ufual Proceedings of 
Pafliametit.' Then the Attorney General, Sir 
RoUrt Heathy exhibited the following Articles, as 
ft Charge againft the faid Earl. . 

6ut when he had begun to read the faid Charge, 
ftedefires to be the Earl interrupted him, and faid, * That he had 
firft heard againft exhibited a Petition to the Houfe, that he might 
B* l^^san^ come up and be heard in. his Accufation againft the 
Duke of Buckingham; and that, thereupon, he, 
^ being a Peer of this Realm, was charged with 
High Treafon. That he had heretofore informed 
the late King, of blefled Memory, of the unfaith- 
ful Service of the faid Duke; and thereupon the 
Duke laboured that he might be clapped up into 
Prifon, prefently after his keturn out of Spain : 
And called upon the Lord Chamberlain, to teftify 
whether the Lord Marquis of Hami^on had not told 
him as much. That the Duke had, fince, la- 
boured to keep him from this King's Prefence, and 
now he was charged with High Treafon.* 

* That he had been ofien employed, as Ambafla- 
dor, in weighty Affairs, and never cime home 
tainted*; and, at his laft coming out of Spain^ he 
did h\s utmoft with the late King James^ that he 
might be heard before himfelf, and his Majefty 
promifed it. I pray God, faid the Earl, that Pro- 
m'St did him no Hurt, for he died foon after. For 
the faid King's Promife, he vouched the Lord 
Chamberlain : And, earneftly, defired their Lord- 
(hips to take all thefeinto their Confiderations; and 
to confider, alfo, that this Houfe is already poflefled 
of his faid Petition and his Accufation of the faid 
Duke ; and required ihat their Lordfhips would firft 
receive his Charge againft the Lord Conway^ and 
not to invalidate his Teftimony againft them by 
the King's Charge againft him. He protefted, that 
he fpoke for the King ; that he was a Peer and a 
free Man of the Realm ; and defired not to be im- 
peached, untill his Charge, which was of lb high 
a Nature, was firft heard/ 

The 



O/^ E N G L A N D. 5 

» 

The Earl then tendered to the Houfe his Articles, Aii.s.Chttliitb 
in Writing, againft the Lord Conwof^ which the »^* 
Lords received ; and, being withdrawn, the Petition 
of the faid Earl prefented to the Houfe on the 19th 
of Aprils wherein he defired he might be heard in 
his Accufation againft the Duke, was read ; and, 
after a long Debate, it was agreed upon the Que- 
ftion, That the King's Charge againft the faid Earl^ 
and the &id Earl's Charge againft the Duke and 
againft the Lord Conway^ {hould be prefently read \ 
All which were read by the Attorney General, as 
follows : 

Articles offeveral High Treasons, tf;7</ othef 
great and emrmous Crimes j Offences^ and Conr ^ 

tempts^ committed by John £^r/ j/* Bristol^ 
againjl our late Sovereign Lord King James, 
tf hlejftd Memory y deceajedy and our Sovereign 
Lord the King^s Majefty^ which now is ; wherein 
the faid Earl is charged^ by his Majejifs Attorney 
General^ on his Majejiy's Behalf (a)^ in the mofi 
High and Honourable Court of Parliament ^ before 
the King and his Lords there. 

Offences done and committed by the Earl of 
Bristol, before his Majefty^s going into Spain, 
when he was Princen 

I. rriHat the faid Earl being trufted and employ- The Article? 

J[ ed by the faid late King as his AmbaiTador *ga»"? ^^^ ^"^ 
to Ferdinando^ then and now Emperor o^ Germany \^^ ^^' 
to Philip IV. then and now King of Spain^ in An* 
nis 1621^ 22, and 23. And having Com miffion^ 
and particular and fpecial Diredtion, to treat with 
the faid Emperor and the King of Spain, for the 
plenary Reltoring of fuch Parts of the Dominions, 
Territories, and Pofleflions of the Count Palatine of • 
the Rhine, who married the Moft Excellent Lady 
Elizabeth, his now Royal Confort, the only Daugh- » 

icr of the late King^^w^; ; which were then wrong- 

A 2 fully, 

(a) Thcfe are taken from Rujhnvortbj but collated with the 
Lords Journoh : The Variations and OinifliojM in the former px4 
ftU^ti in Italick betweeo Crotchets* 



4 the "Parliamentary History 

Aa A-^l** 1- fully, atid in hoftile Manner taken, and poffcfled with 
' ^ and by the Annies of the feid Emperor, and King 
of Spain^ of any other'; and for Prefer ving and 
Keeping fuch other Parts thereof, as were not then 
loft but were thctt ill the Proteftion of the &id 
late Kmg Jamn \ and to the Ufe of the faid Count 
Paiatim znd his Children: [and for the Rejioring 
of the Ele^oral Dignity unid them] And alfo to treat 
with rhe faid King of Spoilt^ tot a Marriage to be 
had between the moft High and Excellent Prince 
Charks^ then Prince of ff^ales^ the only Son and 
Heir Apparent of the faid King Jamel^ and now 
our moft Sovereign Lord, and the moft illoftrious 
Lady Donna Maria the Infanta of Spainy Sifter to 
the now King of Spain : He the feid Earl, contrary 
to his Duty and Allegiance, and contrary to the 
Truft^nd Duty of an Ambaffador, at Madrid in 
the Kingdom of Spaing to advance and furtlier the 
Dedgns of the faid King of Spain againft our faid 
Sovereign Lord, his Children, Friends, and Allies ; 
falfly, wilfully, and traiteroufly, and as a Traitor 
to our faid late Sovereign Lord the King, by fundry 
Letters and other Meflages fent by the faid Earl 
from Madrid^ in the Years aforefaid, unto King 
James and hisMinifters of State of England^ did 
confidently and refolutely, inform, advife, and allure 
the faid late King, that the faid Empetor and King 
of Spain would really, fully, and effedlually make 
Reftitution and plenary Keftoration to the faid 
Count Paktine and his Children, of the faid Do- 
minions, Territories, and Poffeffions of the faid 
Count Paktine y and of the faid Eteftoral Dignity: 
And that the faid King of Spain did really, fully, 
and efFeftually intend the faid Marriage between 
the faid Lady his Sifter, and the faid Prince our 
now Sovereign Lord, according to Articles former- 
ly propounded between the faid Kings : Whereas 
in Truth, the faid Emperor and King of Spain^ 
or either of them, never really intended fach Re- 
ftitution as aforefaid : And whereas the faid King of 
Spain never really intended the Marriage according 
to thofe Articles propounded i but the iaid Emperor 

and 



CifENGLAND. 5 

and the King of Spatu intended only by thofeAii.ft.Charlia. 

Treaties, to g^in Time to compafs their own Ends <6t6« 

and Purpofes» to the Detriment of this Kingdom ; 

(of all which, the faid Earl of Bri/ial neither wis 

nor could be ignorant) the £aid late King James by 

entertaining thofe Treaties, and continuing them 

upon thofe falfe AiTurances, given unto him by the 

£ud Earl, as aforefaid, was made fecure, and loft 

the Opportunity of Time ; and thereby the iaid 

Dominions, Territories, and PofTeffions of the iaid 

Count Palatini and the Eledloral Dignity became 

utterly loft; and fome Parts thereof were taken 

out of the aAoal PoOeflion of the laid King James^ 

unto whofe Pxote£tion and fafe Keeping they were 

put and committed by the iaid Count Palatine s 

and the moft excellent Lady Edzabitb his Wife, 

and their Children, are now utterly difpofleiTed and 

bereaved thereof; to the high Difhonour of our 

faid late Sovereign Lord King James j to the Dif- 

faertibn of the faid late King's Children and their 

Pofterity of their aptient Patrimony ; and to the 

[di/animating and] difcouraging of the reft of the 

Princes of Germany and other Kings and Princes 

in Amity and Le^ue with his Msyefty.' 

1 1. * That the faid Earl of Brijol^ being Am- 
baf&dor for his late Majefty King James^ as afore- 
faid, in Annis Ji^radiSfis , and having received 
perfect, plain* and particular fnftrudions and Di- ' 
relations from his faid late Majefty, that he (hould 
put the King of Spain to a fpeedy and pundlual 
Anfwer, touching the Treaties aforefaid ; And the 
faid Earl well underftanding the Effeft of thofe In- 
ftru£tion$ and Diredt'rons fo given unto him, and 
taking precife Knowledge thereof ; and alfo know- 
ing how much it concerned his late Majefty in 
Honour ana Safety (as his great Afiairs then flood) 
to put thefc Treaties to a fpeedy Conclufion : Yet 
neverthelefs he the &id Earl, falfly, wilfully, and 
iraitcroufly, cpnlrary to his Allegiance, and con- 
trary to the Truft and Duty of an Ambaffador, 
continued thofe Treaties upon Generalities ; with- 
out effeilual prefling the faid King of Spain unto 

A 3 ^r^ 



6 TheTarliamentary HisroKY 

AO'fl* Charles I. particular Conclulions; according to his Majefty's 
i6a6. Diredlions as aforefaid ; and fo the faid Earl intend- 
ed to have continued the faid Treaties upon Ge- 
neralities, and without reducing them to Certain- 
ties and to diredl Conclufions, to the high Dilho- 
nour of his faid late Majefty, and to the extreme 
Danger and Detriment of his Majefty's Perfon, 
his Grown and Dominions, Confederates and 
Allies' 

III.* That the faid Earl of Brijiol, being 
Ambaflador for his faid late Majefty as aforefaid, 
in the Years aforefaid, to the intent to difcourage 
.the faid late King James from the taking up of 
Arms, and entering intoHoftility with the faid 
King ofSpairiy and for refilling him and his Forces 
from attempting the Invafion of his faid late Ma- 
jefty 's Dominions, and the Dominions of his faid 
late Majefty 's Confederates, Friends, and Allies ; 
the faid King of Spain having long thirfted after an 
Univerfal Monarchy in thefe Weftern Parts of the 
, World : Hath many Times, both by Word and Let- 
ters to the faid late King and his Minifters, extolled 
and magnified the Greatnefs and Power of the faid 
King of Spain ; reprefented unto his laid late Ma- 
jefty the fuppofed Dangers which would • enfue 
unto him, if a War (hould happen between them ; 
and affirmed and infinuated unto his faid latc^ Ma- 
jefty, That if fuch a War (hould enfue, his faid 
late Majefty, during the reft of his Life, muft ex- 
pe£l neither to hunt nor hawk, nor eat his Meat 
in Quiet : Whereby the faid Earl of Brijiol did, 
cunningly and traiteroufly, ftrive to retard the Re- 
folutions of the faid late King to declare himfelf 
an Enemy to the faid King of Spain (who under 
colour of Treaties and Alliances, had fo much a- 
buied him) and to refift his Arms and Forces ; to 
the lofs of Opportunity of Time, which cannot 
be recalled or regained, and to the extreme Danger, 
' Dilhonour, and Detriment of this Kingdom.' 
IV. * The laid Earl o\ BriflcU upon hls.Dif- 
patch out of this Realm of England^ on his Am- 
billage aforefaid, had Communication with di- 
vers 



0/ E N G L A N D. ^ 

vers Perfons of Londonymihm this Realm ofEng^ An,s.ciiarle»i. 

land before his going into Spairiy in and about bis *^^' 

Anibaflagc concerning ihe faid Treaty ;. for thfe 

Negotiation whereof the faid Earl was purpofely 

fent : And he the faid Earl being then told, that 

there was little Probability that thefeTreaties would 

or could ever have any good Succefe^ he the faid 

Earl acknowledged as much , aAd yet, neverthelefs, 

contrary to his Duty and Allegiance, and to the 

Faith [and ^rujl'\ of an Ambaifador, he the faid 

Earl faid and affirmed, * That he cared not what 

* the Succefs thereof would be ; for he would take 

* care to have his Inftruftions [perfeoi] and purfue 

* them punftually ; and howfoever the Bufincfs 

* went, he would make his Fortune thereby/ or 
ufed Words at that Time to fuch Eff'edl j where- 
by it plainly appeareth. That the faid Earl, from 
the Beginning herein, intended not the Service or 
Honour of hb late Majefty, but his own corrupt 
and finifter Ends, and for his own Advancement.' 

V. ^ That from the Beginning of his' Negotia- 
tion, and throughout the whole Managing thereof 
by the faid Earl of BriJioU and during his laid 
Ambaffage, He the faid Earl, contrary to his Faith, 
and Duty to God, the true Religion profefled by 
the Church of England^ and the Peace of this 
^Church and State, did intend and refolve. That if 
the faid Marriage, fo treated of as aforefaid, fliould 
by .his Miniftry be effeded, that thereby the Romijh 
Religion and Profeffors thereof fliould be advanced 
within this Realm, and other his Majefty's Realms 
and Dominions, and the true Religion and Pro- 
feffors thereof difcouraged and difcountenanced : 
And to that End and Purpofe, the faid Earl during 
the Time aforefaid, by Letters unto his late Ma- 
jelly, and otherwife, often counfelled and perfuad- 
ed his faid late Majefty to fet at Liberty the Jefuitt .i- 
and Prlefts of the Romijh Religion ; which, accord- 
ing to the goud, religious and [politu'] Laws of 
this Kingdom, were imprifoned or prftrained ; and 
to grant and allow unto the Papijii and Profeflbrs 
ol.the Rof^'Jh Religion free Tolctation, and filenc- 

ing 



B The ^arliamemary History 

l^9.diarle«L]gg of all Laws m^dc, and ftanding in Force, a-r 
^^*^' lainftthem/ 

VI. * That by the f;|lfe Informations and Intel- 
ligence of the faid Earl of Briffol^ dviring theTiiHe 
aforefaid, unto his faid late Majefiy, and to bis 
Majefty that now is, (being then Prince) concern- 
ing the faid Treaties and by the A^urances afore- 
l^id given by the faid EafI ; his faid late Majefty, 
and the Prince (his now Majefty) being put iq 
JHopes, and by the faid long Delay ufed, without 
producing any Effeft, their Majeftics being put in- 
to Jealoufies and juft Sufpicion that there was no. 
fuch Sincerity ufed towards them as they expefled, 
though fo many [Jffuranc^^ from the Earl on their 
]?art had been undertajfen ; the faid Prince, our now 
gracious Sovereign, was inforcedf out of his Love 
Fo his Country, to his ^Ihes, Friends, and Con- 
federates, and to the P^ce of C^riftendom^ who all 
fuffered by fuch intolerable tjelay, to undertake in 
^is owi^ Perfoti, his long and dangerous Journey 
|nto Spdin ; that thereby h^ niight either fpeedily 
conclude thofe Trf ati^s, 9^ perfedly difcover that, 
' on the Emperor*« and thp i^ing of SpainWzn^ 
'there was no true s^nd real Intention to bring th^e 
fanie to Conclufion, upon any fit and honourable 
Terms and Conditions ; and did [accordingly} and 
fpeedily break them off. fey w^iich Journey, the 
Perfon of the (aid Prince, being then Heir Apparent 
to the Crown gf this ^ealm, (and in him, the 
Peace and Safety of this Kingdom) did undergo 
fuch apparent and fuch inevitable Danger, as at 
the very Remembrance thereof, th^ Hearts of all 
good Subjcds do even tremble.' 

Qffe^ces done and committed 6y the faid Ear^*,, 
during th^ "^ime of the Prince's bein^ in Spain. 

y II. * ripHat at the Prince's comipg into Spain^ 

X during the Ti^e aforefaid, th^ Earl o( 

]^rijipl^ cunningly, falfly and traiteroyfly, moved^ 

and perfijaded the Prince,( being then in the ^ovi^i 

' ' ' V -- '• 0^ 



0/ E N G L A N D. p 

0r 2^ foreign KiDg of the RcmifljRtWgian, to change An. %. Chiikti,^ 
bis Religion, wiSch Was done in this Manner. At .<^* 
^Prince's fitft coming to the faid £arl, he aiked 
the Prince for what he came thither ; the Prince, stt / 

iirft not conceiving the Earl's Meaning, anfwered, 

• You know as well as 1/ The Earl replied, * Sir, 
' Servantscan never ferve their Mafters mdoftriouily, 
^ althou^ they inay do it faithfully, unleis tfa^ 
^ know their Mieaning^ fully. Give me Leave there- 
^ foie to tell you what they fay in the Town is the 
^ Caufepf your coming, That you mean to change 
^ ydur Kd^ion, and to declare it here/ And yet, 
Cuimingly to diiguife it, the E^rl added further | 
f Sir, I do not fpeak this that I will perA^ade you to 

* do it, or tha(t I will pro'mife you to follow your 
' Example, though you will do it ; but, as your 
^ foithful Servant, if you will truft me with lb great 
^ a Secret, I will endeavour to carry it the diicreeteft 

• Way J can/ The Prince being moved at this un- 
^xpefted Motion again, faid unto him, * I wonder 
' what you have ever found in me, that you ihouM 
f conceive I would be fo bafe and unworthy, as for 

* a Wifip to change my Religion/ The faid Earl 
replying, * Hedefiredthe Prince to pardon bim, if 
^ he had offended him, it wasbut out of his Defireto 
t ferve him/ Which Perfuafions of the faid Earl 
were the more dangerous, becaufe the more fubtile; 
whereas it had been the Duty of a faithful Servant 
to God and his Mailer, if he had found the Prinbe 
daggering in hisRelrgion, to have prevented fo great 
an Error, and to have perfuaded him againft it. So 
10 have avoided the dangerous Confequence there- 
of to the ^tr Me Religion, and to the State, iffucba 
Thing fliould have happen'd/ 

'VIII. * That afterwards, during the Prince's fac- 
ing in S^hi the faid Earl baying Conference with 
the faid Prince about the Romijh Religion, he en- 
deavoured, falfely and tr^iiterouily, to perfuade the 
Prince to change his Religion, and to become a 
fiomi^-Catholickj and to become obedient to the 
ufurped Authority of the P^pi of Rcwi: And, lo 
^at £od and Purpofe, the laid ^1 traiteroufly 

U[lc4 



j^ 



10 The T/$r liament a tj Hist OKY 

^'^j^^^^'^'ufcd tbefe Words unto the faid Prince, ' That the 
• * ^State of England never did any great Thing, but 

* when they were under the Obedience of the Pope 
•of Rome^ and that it was impoffiblc they could do 
,* any. thing of Note otherwife/ 

IX. ' That during the Time of the Prince's be- 
.ing in Spain, the Prince confulcing and advifing 
with the faid Earl and others, about a new Offer 
-made by the King of Spain touching the Palatine's 
cldeft Son to marry with the Emperor's Daugh- 
ter, but then he muft be bred up in the Em- 
peror's Court ; the faid Earl delivered his Opinion, 
That the Propofition was reafonable; whereat, 
when Sir Waller JJion, then prefent, falling into 
:ibme PaiBon, faid, * That he durft not for his 

* Head confent to it :' The Earl of Brijiol replied, 

* That he faw no fuch great Inconvenience in it ; 

* for that he might be bred up in the Emperor's 

* Cburt in our Religion.* But when the extreme 
Danger, and, in a manner, the Impoflibility there- 

.of was preffed unto the faid Earl, he faid again, 
' That, without fome great Adlion, the Peace of 

* Chriftendom would never be had ;' which was fo 
dangerous, and fo defperate a Counfel, that one 
near the Crown of England (hould be poifoned in 
his Religion, [and put into the Power of a foreign 

. Prince] and an Unfriend to our State, that the 
Confequences thereof, both for the prefent and 
ftiture Times, were infinitely dangerous ; and 
yet hereunto did his Difaffedlion to our Religion, 
and Blindnefs in his Judgment, mifled by his fini- 
fter Refpeds and the too much Regard he had 
. to the Houfe of Jujiria^ lead him.' 

OrFBNCES done and committed by the faid Earl, 
after the Prince's coming from Spain. 

X. ' /T^Hat when the Prince had clearly found 
X himlelf and his Father deluded in thefe 
Treaties, and hereupon refolved to return from the 
Court of Spain ; yet, becaufe it behoved him to 
p^rt fairly, he left the Powers of the Defponfories 

with 



0/ E N G L A N D. ii 

with the Earl of BriJIol^ tp be delivered upon the An,»;chirieiL 
Return of the Difpenfation from Rome^ which the i^^* 
King of Spain infifted upon ; and without which, 
as he pretended, he would not conclude the Marri- 
age. The Prince forefeeing and fearing left aftet 
the Defponfories, the Infanta^ that (hould then be 
his Wife, might be put into a Monaftery, wrote a 
Letter back to the laid Earl horn Segovia ; thereby 
convnanding him not to make ufe of the faid Pow- 
erS) until he could give him Aflurance, that a Mo- 
naftery fhould not rob him of his Wife; which 
Letter the faid Earl received, and with Speed re- 
turned an Anfwer thereto into England^ perfuading 
againft this Direction, yet promifing Obedience 
thereunto. Shortly after which, the Prince fent an- 
* other Letter to the faid Earl into Spain j difcharging 
him of his [former] Command. But his late Ma- 
jefty, by the fame Meffenger, fent him a more 
cxprefsDireftion,not to difpatch the Defponfories, 
untill a full Conclufion were had of the other Treaty 
of the Palatinate, with this of the Marriage ; for 
his Majefty faid, * That he would not have one 

• Daughter to laugh, and leave the other Daughter 

• weeping.* In which Difpatch, although there 
were fome Miftaking, yet in the next following, 
the fame was correfled, and the Earl of Brijiol 
tied to the fame Reftriftion ; which himfelf con- 
feffed in one of his Difpatches afterwards, and pro- 
mifed to obey punftually the King's Command 
therein 5 yet, neverthelefs, contrary to his Duty 
and Allegiance, in another Letter fent immedi- 
ately after, he declared, * That he had fet a Day 

• for the Defponfories,' but without any Affurance, 
or fo much as a treating of thofe Things which 
were commanded to him as Reftridions ; and 
that fo fhort a Day, that if extraordinary Dili- 

' gence, with good Succefs in the Journey, had 
not concurred, the Prince's Hands might have 
been bound iip 5 and yet he neither fure of a 
Wife, ndr any Aflurances given of the Tempo- 
ral Articles. All which, in his high Prefump- 
tion, he adventured to do, being an exprofs preach 

• . of 



i'2 The TarliamentafyHisroKY 

ifaiit(.G!ttrl<ri.of hislnftrufkions; and, if the fame had not been 
|6«$. prevented by brs late Majefty'a Vigilancy, it might 
have turned to the infinite Diihonour and Preju- 
,dice of his Majefty* 

XL * Laftly, That he hath offended in a high 
and contemptuous Manner, in preferring a fcanda- 
lous Petition to this honourable Houfe, to the Dif- 
honour of his Majefty of blefled Memory decca»*d, 
and of his Sacred Majefty that now is, which are 
no way fufferable in a Subjed towards his Sove- 
reign ; and in one Article of that Petition fpecially, 
wherein he gives his now Majefty the Lie, in de- 
nying and offering to felfify that Relation which 
his Majefty affirmed, (b) and thereunto added many 
Things of his own Remembrance to both Houfes 
. of Parliament/ 

ROBERT HEATH. 

Articles of the Earl of Bristol, whereby he 
(hargeth the Duke of Buckingham, bearing 
Date the Firjl Day ^May, 1626. 

L • riplHat the Duke of Buckingham did fecretly 

Aftides of the X Combine [and mjpire] with the Conde 

Earl of BiiAoViOfGondomary Ambaffador from the King of Spain^ 

Cbarge igainft bcfoie his, the faid Ambaffador's, laft Return into 

Bm^^! %/«» in the Summer, /^n. 162a. to carry his Ma- 

iefty (then Prince) into Spain, to the End he might 

be inftruftcd in the Roman Religion, and thereby 

have perverted the Prince, and Subverted the true 

Religion eftabliihed in England: From which Mi- 

lery this Kingdom (next under God's Mercy) hath, 

by the wife^ religious, and conftant Carriage of 

bis Majefty, been almoft miraculoufly delivered, 

confidering the many bold and fubtile Attempts of 

the faid Duke in that Kind.' 

11. * That Mr. Porter ^wz8 made acquainted 
there Arith, and fent intoS^;«) and fuch Meflages 
^t his Return framed, as might ferve for a Ground 
to fet on foot this Confpiracy ; the which was 
done accordingly, and thereby the King and Prince 

highly 

(iJ Jfk ^e P\^ of ButkittfhanC^ Na^alfip. See Vol^ 6. P, i^» 



0/ E N G L A N D. 13 

highly abufed, and their Confents thereby firft got- An. %. Charkt t 
ten to the faid Journey ; that is to fay, after the ^^^ 
Return of the (aid Mr. Porter^ which was about 
the End of December ^ or the Beginning of Janu^ 
dry^ 1622, whereas the faid Duke had plotted it 
many Months before.' 

III. * That the faid Duke, at his Arrival in 
Spain^ nouri{hed the Spanijb Minifters, not only 
in the Belief of his own being Popi/bly affeded, but 
did (both byabfenting himfelf from all Exercifes of 
Rdigion conilantly ufed in the Earl of BrtftoP% 
Houfe, and frequented by all other Proteftant Eng- 
lijb^ and by conforming himfelf to plea^ the Spa^ 
fiiards in divers Rights of their Religion, even fo 
far as to kneel and adore their Sacrament) from 
Time to Time give the Spaniards hope of the 
Prince's Cbnverfion ; the which Converfion he en- 
deavoured to procure by all Means poffible ; and 
thereby caufed the Spanijb Minifters to propound 
far worle Conditions for Religion* than had been 
formerly, by the Earl oiBriftolzxiA Sit fFalterJ/fon^ 
fettled and figned under his Majefty's Hand ; with 
a Claufe in the King of Spain's Anfwer of Decern- 
ber I a, 1622, that they held the Articles agreed 
upon fufficient, and fuch as ought to induce the 
rape (o the Granting of the Difpenfation.' 

IV. * That the Duke of Buckingham having 
fcveral Times, in the Prefence of the Earl of Bri- 

^tf/, moved and prefled his late Majefty, at the 
Inftance of the G>nde of Gond$mar^ to write a Let- 
to the Pope I and, to that Purpofe^ having once 
brought a Letter ready drawn^ wherewith the Earl 
of Brijioly by his Majefty being made acquainted, 
be did fo ftrongly oppofe the Writing of atw fuch 
Letter, that during the Abode of the faid Earl of 
Briftel in England^ the faid Duke could not obtain 
it i yet, not long after the Earl was gone, he pror 
cured fuch a Letter to be written from his faid late 
Majefty unto the Pope^ and to have him ftiled 
SottHijime Pater: 

V. * That theiPtf^^, being informed of the Dl ke 
^l Buckinghanf^ Inclination and Intention in point 

of 



1 4 7he TarHamentary History 

An.*.cijaric$i. of Religion, fent unto the faid Duke a particular 
i6*6. gyii JQ Parchment, for to perAiade and encourage 
him in ^he Perverfion of his Majefty then Prince/ 

VI. ' That the faid Duke's Behaviour in Spain 
was fu^h, that he thereby fo incenfed the King of 
Spain and his Minifters, as they would admit of no 
Reconciliation, nor furrher Dealing with him. 
Whereupon the faid Duke feeing that the Match 
would be now to his Difadvanlage, he endeavoured 
to break it, not for any Service to the Kingdom, 
nor Diflike of the Match in itfelf, nor for that he 
found (as (ince he hath pretended) that the Spani^ 
ards did not really intend the faid Match, but out 
of his particular Ends and his Indignation. 

VII. * That after he intended to crofs the Mar- 
riage, he put in Praftice divers undue Courfes; as 
namely, making ufe of the Letters of his Majefty 
(then Prince) to his own Ends, and not- to what 
they were iritended ; as likewife concealing divers 
Things of high Importance from his late Majefty, 
and thereby overthrew his Majefty's Purpofes, and 
advanced his own Ends. 

VIII. * That the faid Duke, as he had with his 
Skill and Artifices formerly abufed their Majefties ; 
fo, to the fame End, he afterwards abufed both 
Houfes of Parliament by his finifter Relation of the 
Carriage of Afiairs, as {hall be made appear al- 
moft in every Particular that he fpake unto the faid 
Houfes.* 

IX. * As for Scandal giveti by his perfonal Be- 
haviour, as alfo the Employing of his Power with 
the King of Spain for the Procuring of Favours 
and Offices, which he beftowed upon bafe and un- 
worthy Perfons for the Recompsnce and Hire of 
his Luft : Thefe Things, as neither fit for the Earl 
of Brijlol to fpeak, nor indeed for the Houfe to 
hear, he leaveth to your Lordfliips Wifdom, hdvr 
far you will be pleafed to have them examined 5 it 
having been, indeed, a great Infamy and Difhonour 
to this Nation, that a rcrfon of the Duke's great 
Quality and Employments, a Privy-Counfellor, ax> 
Ambafiadoi) eminent in his Mailer's Favour, and 

fokly 



0/ E N G L A N D. 15 

iblely trufted with the Perfon of the Prince, (hould Aii.».Cbtrletl. 
kavc behind him, in a foreign Court, fo much *^*^ 
Scandal as he did by his ill Behaviour/ 

X. ' That the Duke hath been, in great Part, 
the Caufeof the Ruin and Misfortune of the Prince 
Palatine and his Eftates, in as much as thofe Af- 
feirs had Relation unto this Kingdom.' 

XL * That the Duke of Buckingham hath, in 
his Relations to both Houfes of Parliament, wrong* 
ed the Earl of Brijlol, in point of his Honour, by 
many iinifter Afperfions which he hath laid upon 
him (c)^ and, in point of his Liberty, by many un- 
due Courfes through his Power and Pradtices.' 

XIL * That the Earl of Brijlol did reveal unto 
his late Majefty, both by Word and Letter, in 
what Sort the faid Duke had diflerved him and a- 
bufed hisTruft: And that the King, by feveral 
Ways, fent him Word, * That he ftould reft af- 

* fiired he would hear the faid Earl, but that he . 
^ (hould leave it to higa to take his own Timt :* 
And thereupon, a few Days before his Sicknels, he 
fent the Earl word, * That he would hear him a- 

^ gainft the idM Duke, as well as he had heard the 

* &id Dukeagainft him/ Which the Duke him- 
felf heard ; and, not long after, bis blefled Majefty 
fickened and died, having been, in the Interim, 
much vexed and prefled by the faid Duke/ 

BRISTOL. 

Articles of the Earl of Bristol againji the^ 
Lord Conway, bearing Date May i, 1626. 

li * rr^Hat the Lord Conway is fo great a Ser- ^^^ °^ ^^ 

X vant of the Duke of Buckingham^ ih^t^^lZt^ 
he hath not ftuck to fend the Earl of Brijiol plain 
Word, * That if Bufinefles could hot be accom- 

* modated betwixt him and the Duke, he muft 

* then adhere and declare himfelf for the faid Duke -,* 
and therefore is unfit to be a Judge in any thing 
that concernelh the Duke or the Earl/ 

II. * That the faid Lord Conway profeffeth him- 
felf to be a Secretary of the Duke of Buckingham's 

(c) Narrative ut fuprs, p. 53, 

Crea- 



t6 The "Parliamentary MifeTdR t 

Ami. Chariest Creation ) and fo adcnowledgeth it under his owti 

'^^ Hand : And, although he be the King's Secretary 

ofStatCj andaPrivy-Counfcllor, he ufually begin- 

oeth his Letters to the Duke, Mo/i gracious Pa- 

III. * That as a Creature of the faid Duke's^ thd 
faid Lord CofrtUdy hath been made the tnftrument 
of keeping the Earl of Bri/ici froin the King's Pre- 
fence) and of imprifoning of Iiim by Warrants under 
his own Hand only ) for which be cattnot (as the 
iEarl conceivcth) produce any fufficient Warrant.* 

IV. * That by the Space of twelve Months lall 
paft,. the faid Lord Gonwajf hath been the Caufe of 
the Earl'^ Reftraint, only by mifinforming his Ma- 
jefty, and procuring a Letter of Reftraint upon un- 
due Grounds : Amd when it was made apparent 
unto, him, that the faid Earl was i«e(lored to his 

. Liberty, freely to follow his own Affairs, by his 
kte Majefty of blefled Mem.ory i He replied^ 

* That daat Liberty given Jiim by his Majefty ex- 
« pired with the King's Death.' 

. V. * That the Earl of Bri/iors Mother lying 
fick upon her Death- Bed, defired^ for her Comfort^ 
to fee her Soii^ and to give him her laft Bleffing: 
Whefeupon the Earl writ to the Lord Conway^ to 
defire him to move the King for his Leave ; which 
he putting off frotti Day to Day^ told the Perfoil 
employed, * That, by reafon of the Duke*s Sick- 

* nefs, he tOuld not find Opportunity to get the 
' Duke's Leave to move the King; and, having 

* fpoken with the Duke, he made a negative Anf- 

* wer in the King's Name.* Wherewith the Eafl 
acquainting the King by fome of his Bedchatnberi 
his Majefty was in very great Anger, fwearing the 
Secretary had never tnoved him, and that to deny 
the {aid Earl Leave was a barbarous Part i and 
thereupon fent him prefently free Leave, which 
the Secretary hearing of, fent afterwards a Letter 
of Leave, but with divers Claufes and Limitations 
differing from the Leave fent him from the King's 
own Movth.* 



Of E N G L A N p. 17. 

VL < That he having the Bufineflcs of the £ari An. ^.thadetL 
of Brijiol in his own Hands, and the Earl being *^*^* 
commanded by the King to addrefs himfelf in his 
Occafions unto his Lordfhip, he would never de- 
liver any Meflage from the laid Earl, without firft 
acquainting the faid Duke, and receiving his Di- 
redtions, and in a noble Manner of Freenefs ftuck 
not to fend him Word.' 

VII. * That the Earl of Briji$l having received, 
from the Lord Conway twenty Interrogatories in 
his late Majefty'^ Name, drawn up by a Coramif- ' 
fion of the Lords appointed to fearch into the Pro- 
ceedings and Employments of the faid Earl, in 
which Search there was more than two Months 
fpent, divers of the faid Interrogatories involving 
Felony andTreafon : And bis Majefty having been 
pleafed to affure the faid Earl, both by Meflage and 
Letters, that, upon Satisfa£tion given to himfelf 
and the Corpmiflionersby his Anfwers, he would . 
prefently put an End to the Earl of Bri/ioPs Bufi- 
nefe ; the Earl of Brijiol having fo fully anfwer'd 
as would admit of no Reply j and that many of 
the Commiflioncrs declared thcmfelves to be fully 
fatisfied : The faid I^ord Conway {ht\Vi% theSecretary 
in theCommiflion, to whom it properly belonged 
to call the Lords to aflemblej perceiving the Earl of 
Briftol was like to be cleared, never moved for 
any further Meeting, neither have they ever been 
permitted to meet untill 'this Day; whereby the 
Troubles of the Earl of Brijiol have been kept on 
Foot till this prefent, and the (aid Earl's Imprifon- 
raent hath been encreafed twenty Months. And 
by the. Artifices of the laid Duke of Buckingham 
and the faid Lord Conway (as Ihall be made appear) 
the faid Earl hath been infenfibly involved and 
ftalked into the Troubles he is now in, which he 
doubreth not but your Lordfhips will judge to be a 
very confiderable Cafe/ 

VIII. ' That for a Colour of keeping the Earl 

from his late Majcfty*s Prefen^ce, it being pretended 

after the Anfwer to the twenty Interrogatories, 

that there were fome few Queftioas more to be 

Vol. VIL B addcd> - 



iS ThcTarliamentaryHisroKY 

An. ».Char)e8i. added, whefeunto when he (hould have anfwered, 
i6»6. his Majefty fwore folemnly, that without any De- 
lay, he (hould be admitted to his Prefence, and 
that within two or three Days he (hould have the 
faid Quettions fent unto him j the Lord Conway^ 
nptwithftanding he acknowledged under his Hand, 
that he had received his Majcfty's DircdHrfns 
for the fending of the faid Articles, and was often 
thereunto fjllicited on the Behalf of the laid Earl, 
would never fend the faid Qucftions ; and at laft 
anfwered, That be had no more to do with the 
Earl's Bufinefs.* 

IX. * That the Earl of Brijiolhmg fet free by 
bis late Majefty to come to London^ to follow his 
own Affairs as he pleafed, and thereupon having 
his Writ of Parliament fent unto him, without 
any Letters of Prohibition ; yet the Earl of 
^ JM^ out of his great Defire to conform all his 
A6li^ id that which he fhould underftand would 
beflt ^leife his Majefty, fent to know, * Whether his 
corning or ftay would be moft agreeable unto his 
Majefty ?' Who was pleafed to anfwcr by a Letter 
from my Lord Duke of Buckingham^ * That he 
took in very good Part the faid Earl's Refpeft unto 
him 5 but wiihed him to make fome Excufe for 
the Prefent :' The which accordingly he did, and 
moved, ' That he might have a Letter under the 
King's Hand to warrant his Abfence 5 but un- 
der Colour of this Letter of Leave, upon the 
Earl of BtrJioVs own Motion and Defire, the Lord 
Conway fent a Letter from his Majefty, abfolutely 
forbidding his Coming to Parliament ; and therein 
likewife was infened a Claufe, * That the Earl 
fhould remain retrained as he was in the Time of 
his late Majefty ; and fo thereby a Colour of Re- 
ftraint, under his Majefty's Hand, was gotten, 
which could never be procured in his laie Majefty 's 
Time ; whereby the Earl of Brijhl hath been un- 
duly reftrained ever fince, without being able to 
* procure any Redrefs, or to make the Lord Conway 
willing to underftand his Ca(e, although he fent 
him all the Papers, whereby he might clearly lee, 

that 



' 0/ E N G L A N D. 19 

thai the Earl was not under Refti»int in his kteAn.a 
Majelty's Time ; but never other Anfwer could ■ 
be procured Irom him, but ' Thai he judged the 
faid Eari to be under Rcftraini, and that his Li- 
berty was expired by the hte King's Death, as is 
aforefaid.' 

X. ' That the Lord Conway, knowing that the 
Match for the Marrying of the King of Bohemia'i 
eldeft Son with the Emperor'^ Daughter, and beiDg 
fared in the Emperor's Coutt, was allowed and pro- 
pounded by bis late Majefty : And thai his Majefty 
by liisLetierstohisSon-tn-Law, declareth, 'That 
he thinkeih it the fairell and cleareftWay forth* 
Accommodation of hb Aifairs, and that he will 
lake fufficitnr Careof his Breeding in true Religion :' 
And not wiihlta Tiding that the faid Earl received a 
Copy of the faid Letter by the faid late King's 
Orderj with other Papers, letting down all (hat 
had been done in the faid Bufinefs, and IiisMajefty's 
Aflent (hereunto from ihe Lord Csnway hrmfelf; 
yet hath he fulfered it to be charged, as a Crime 
sgainil the Earl of Brijhl, both in the twentieth 
Interrogatory and in his Majcfty's bft Letter, 
that he fhould confent to ibe Breeding of the young 
Prince in the Emperor's Court, And, further in 
the Interrogatory, healledgeth it as an Aggravation 
againll the laid Earl, That the Breeding of the faid 
Prince in (he Emperor's Court, referred 10 the 
Perverfion of his Religion, wiien he knew that his 
faid Breeding was never thought nor (poken of by 
the King, nor any other, but with that expreia 
Chufe and Condition, ' Thar he fhouKi be bred in 
his own Religion, and have fuch Tutors and Ser- 
vants as his Father fhould appoint.* 

XL ' That the Lord Csnzvay hath been the 
Caiife of all the Karl of Brijhl'i Troubles, by his 
dubious and intrapping Difpasches, and inferring, 
That ihe fa-d Earl hath failed in his Directions, 
when it (hall be made appear, that his Difpatclies 
contained no fuch Diredlions as he hath alledgeJ 
were given.' 

BRISTOL. 
B I After 






ao Tbc7 arluimentafy History 

At.s,Ctu>lui. After the Reading of ihele very different Acculii- 
»6»*' lions, the Houfe not being latisfied to commit the 
Earl to ihe Tower, let him remain where he was 
before, with the Gentleman Uflier ; and further 
ordered, 'That the King's Charge againft the 
the LoidTihere- E^rl of Briftsl be firft heard, and then the Charge 
upmi, of the faid Earl againft the Duke ; yet fo that the 

Earl'sTeftimony againft the Duke be not prevent- 
ed, prejudiced, or impeached. 

The Day following, M(rf the 2d, the Lord- 
Kegper delivered a Melliige from ihe King to the 
Houfe of Lords, 

"•HAT his Majefty take] h Notice o( the 
Articles exhibited againft ih^ Dukeof BHf-f- 
.. u,mu o _ '' by the Earl of Brijlol ; and he obferveth, 
.I'lcamft""' That many of them are luch, as himfelf is able 
the DjIcc. ' 10 fay mote of hia own Knowledge than any 
' Man for the Duke's fincere Carriage in them : 

* That one of them, toucliiiig the Narrative made 
' in Parliament In the One and Twentieth of 
' King Jama, trencheth as far upon himfelf, as 
' the Duke ; for that his Majefty went as far as 

* the Duke in that Declaration ; and that all of them 
' have been clofed in the Earl's own Breaft, now 
' for thefe tvvo Years, contrary to his Duty, if 
' he had known any Crime of that Nature by the 

* Duke ; and now he vents it by way of Recri- 

* mination againft the Duke, whom he knows lo 

* be a principal Witnefs to prove his Majefty's 

* Charge.' 

' And therefore. That his Majefty gave them 

* Tharks, that ihcy gave no Way to the Earl of 
' Brilhl's unrealbnable Motion, of putting the 

* Duke under the lame Reftraini that they had put 
' the Earl; thereby efchcwing what the Earl aim- 

* eth at, to alter their dutiful proceedings toward 

* hisMaj..fty; {fsoftaiin tbh ParUumtiitexprfJlid} 
' That thereby they had made his Majefty confi- 
' dent, that as they hnve, fo ih^y will put a Dif- 

* ferencc between hie Majefty'^ Charge againft one 

' that 



Of E N G L A N D. ji 

"^t hat appeareth as a Delinquent, and ihe Recri- j^n^j^chattal. I 

«-nination of the Earl of Brijh! againft his Ma- ' ]6s6. ' 

j«fty's Wimefs ; and not lo equal them by a 

i'rocceding pari PaJJu j [«w iq match the Im- 

^ ^^ifsnment ef the erjt with the other, as the Earl of 

^ Briftol defxr(d \ the Ground being fa differetu and 

x^nequal.'] 

Jkf^ the 6ih, the Earl of Bri_flo2-was again 
brought to ibe Bar of the Houfe of Lords, when 
the Attorney- General read the foregoing Charge 
unto him. The Earl, being permiiied to fpe:!li 
for hirardf, firft craved Pardon of their Lordflvps 
for his earneft Speeches there the orhcr Day ; con- 
fetfing that he fpake in a Paliion ; faying, ' That 
unexpedfed Acctifation of High-Trea'.on would 
■Warm any honeft Heart, and he liki:d hi3 Heart 
never the worfe for it ; but, that he Would here- 
after mend that Fault.' 

Then he rendered all their Lord|]iIp! moil hum- 
blt Thanks for this Manner of Proceeding againft 
Jiim; and defired to know, from Mr. Attorney, 
Whether that was his whole Charge, or no ? The 
Attorney anfwered. That he had Commandment 
to open no more againft him ; perhaps, upon fome 
Incidents of his Anfwer, fome other Particulars 
may arife, and be urged ; but no new Matter 
fhould- Then the Ear! defired to know and un- 
derffand who was his Accufer ? The Attorney an- 
fwered, ' The King himfelf, out of hi' own 
Mouth, had given Direftions for the Charge 
againll him, ?.nd corrected and added many Things 

to it. 

Then the Earl made the foUowingSpEEcH. 

* T Will not conteft with the King, neither doth xhe Earl-s Ot. 

* X itbefeem me fo to do; neither efteem Ifmcr. 

* my Life or my Fortunes fo much as to lave 

* thfm by coniefting with my Sovereign; and 
' therefore I would mike no Reply nor Anfwer, 
' were it not ilut my Hono'ir and Rrligion were 

H ; ' ioint- 



ThcKing'sMef- 
fage to them 
concerning the 
Earl of Briftol's 
Charge againft 
the Duke. 



ap The T arliameiunry Hi story 

Ah. ftrChatics I. Aftef the Reading of thcfe very different Accufa- 

i$»6» tions, the Houfe not being fatisfied to commit the 

Earl to the Tower y let him remain where he was 

before, with the Gentleman Uflier 5 and further 

Rcfoiutions of ^^^^^> * That the -King's Charge againft the 
the Lor^"thwc- Earl of Brtflol be firft heard, and then the Chaise 
upon. of the laid Earl againft the Duke ; yet fo that the 

Earl^s Teftimony againft the Duke be not prevent- 
ed} prejudiced, or impeached. 

The Day following, Moj the 2d, the Lord- 
Kc^per delivered a Meffage from the King to the 
Houfe of Lords, 

TH A T his Majefty takejh Notice of the 
Articles exhibited againft th^Dukeof JSori- 
ingham by the Earl oi Brtjiol-j and heobferveth. 
That many of them are fuch, as himfelf is able 
to fay more of his own Knowledge than any 
Man for the Duke's fincere Carriage in them : 
That one of them, touching the Narrative made 
in Parliament in the One and Twentieth of 
King James^ trencheth as far upon himfelf, as 
the Duke ; for that his Majefty went as far as 
the Duke in that Declaration ; and that all of them 
have been clofed in the Earl's own Breaft, now 
for thefe t^o Years, contrary to his Duty, if 
he had known any Crime of that Nature by the 
Duke ; and now he vents it by way of Recri- 
mination againft the Duke, whom he knows to 
be a principal Witnefs to prove his Majefty's 
Charge.' 

* And therefore, That his Majefty gave them 
Thanks, that they gave no Way to the Earl of 
Briftors unreafonable Motion, of putting the 
Duke under the fame Reftraint that they had put 
the Earl ; thereby efchewing what the Earl aim- 
eth at, to alter their dutiful proceedings toward 
his Majefty : [fo often in this Parliament e*xprej]ii\ 
That thereby they had made his ^lajefty confi- 
dent, that as they have, fo they will put a Dif- 
ference between his Majefty's Charge againft one 

^ > * that 



^ Cf E N G LAND./ ai 

' thatappekreth a$ a Delinquent, and th« Rccri-^ j^^chafieii 

* mihation of the Earl of Briftol againft his Ma- * ;6f ^ 

* jetty's ,Wiincfs ; and not to equal them by a 

* Proceeding pari.PaJfu ; [n&r to match the Im-- 

* prifqnment of the one with the other ^ as the Earl of 

* Briftol defired 5 the Ground being fi different and 

* unequal.*] 

> 
May the 6th, the Earl of Brijlol .y/t^$ again 
brought to the Bar of the Houfe of Lords, when 
the Attorney-.General read the foregoing Charge 
unto him. . The Earl, being permitted to fpeak 
for himfelf, firft craved Pardon of their Lordftips 
for his earneft Speeches there the other Day ; con^ 
feffing that he fpake in a Paffion ; faying, ' That 
unexpefted Accufation of High-Trealon would 
warm any honeft Heart, and he liked his Heart 
never the worfe for it ; but, that he would here- 
after mend that Fault/ 

Then he rendered all their Lordfliips n^oft hum- 
ble Thanks for this Manner of Proceeding againft 
him; and defired to know, from Mr. Attorney, 
Whether that was his whole Charge, or no ? The 
Attorney anfwered. That he had Commandment 
to open no more a^inft him ; perhaps, upon fome 
Incidents of his Anfwer, fome other Particulars 
may arife, and be urged ; but no new Matter 
Ihould. Then the Earl defired to know and un- 
derftand who was his Accufer ? The Attorney an- 
fwered, * The King himfelf, out of -his own 
Mouth, had given Diredtions for the Charge, 
againft him, and correfted and added many Things 
to it. 

Then the Earl made the following Speech. 

* T Will not conteft with the King, neither doth The Earl»s De. 

* X Jtbefeem me fo to do; neither efteem I fence. 

* my Life or my Fortunes fo much as to fave 
^ them by contefting with my Sovereign; and 

* therefore I would make no Reply nor Anfwer, 

* were it not that my Honour and Religion were 

B 3 ' ioint' 



ai The Tartiamerttary Hi s tort 

Aa.a.ciiarle9i.* jointly queftioncd witTlmy Life; but they be- 

i626, * ing to defcend to my Poftcrity, for their Sake I 

^ am an humble Suitor to his Majcfty, that he 

* would not take Indignation at my own juft De- 

* fence ; yet I will be ready to make any humble 

* Submiffion to his Majefty ; and I heartily defire, 

* that fome Means may be made, that I may 

* make it Perfonally unto himfelf, wherein I will 

* fubrtit myfelf mod willingly to any A£l of 

* Humiliation and Submiffion fnot wronging my 

* Innocence^ that ever Subjc^ did towards his 

* Sovereign : And I alfo defire that his Majefty 

* would be pleas'd to fet himfelf here on bis Throne 

* of Juftice, and declare, That out of his Royal 

* Juftice, he leaves the Duke of Buckingham and 

* me upon equal Terms } and that neither of our 

* Caufes fliall be advanced before the other. Thefe 

* my humble Petitions, I befeech your Ldrdihips 

* to prefent unto his Majefty, on my Behalf ; and 

* withall, what a Plflervice it will be to his Ma- 

* jefty hereafter, in Embaflages, if my Accufei? 
^ fhali be my Judge, his own Witncfs, and have 

* my Confifcation/ 

' As touching the Charge itfelf, I hare once 

* anfwered all (except that of my Petition) and I 

* doubt not but to clear myfelf of every Particular 

* thereof. I expected not to have heard of thefc 

* again. I expefted a Remonftrance of fome 

* Practice, with Spain^ againft the State; or to be 

* charged with the Receipt of Ten or Twenty 

* Thoufand Pounds, for the perfuading and pro- 

* curing the Delivering up of fo'me Town, that 

* the Crown was in Pofleffion of, as might be the 

* Brill or Flti/hing^ or the like ; or for being the 

* Means of the Delivery of the King's Ships to 

* ferve a foreign Nation againft thofe of our own 

* Religion ; or for the Revealing of his Majefty 's 

* highell Secrets, which none but two or three 

* did know of; or for treating of the greateft Af- 

* fairs, as it were by my own Authority, without 

* formal Inftruflions in the Point ; or, as the Law 
< C^Hs it, to have committed forpe Overt A61 of 



0/ E N G L A N D. 23 

Difloyaltyt and not to be cbarg'd, aftct feven Am- An. i. Charles U 
bafiages, with DUcouragements and Inferences/ '^^^' 
^ 1 defire your LordSiips that I may have a 
Copy of my Charge, in Writing* and Time 
for my Anfwcr, and Counfet affign'd me.' 

* There is a great Difference between the Diikc?^ 
of Bmkingbam and me \ the Duke is accufed of 
Treafon, and yet at large, and in the King's 
Favour $ and I being accufed but of that which 
I had long fince anfwered, am a Prifoner ; and^ . 
therefore, I befeech your Lordftiips, that we 
may be put into equal Condition. And, foraf- 
mucb as I have exhibited Articles againfi the 
Lord Conwof \ I humbly defire that his Lord-' 
ihip may not meddle in this particular Bufinefs,- 
oor ufe the King's Name agatnd me, ex Officio^ 
as Secretary of State ; and that your LordfblpA 
would be Suitors unto his Majefty on my Behalf^ 
that all the particular Difpatches of my own Am-' 
baflages, and Sir PValter jf/ion% may be brought 
hither, and I to make ufe of them for my De^ 
fence as my Evidences. 

* And fince his late M^jefty hath heretofore in 
the Prefence of many Lords here prefent, affirm- 
ed. That I had neither committed Treafon nor 
Felony in my late Ambailages, and permitted di« 
vers of his Servants to come unto me ; and hi^ 
Majefty that now is then laid. That be thought 
me an honeil Man ; and hath lately faid, That 
my Faults were little criminal, in the Prefence of 
divers of your Lordihips and others; and that 
the Lord Conway did lately offer me to come to 
my Trial, but: he thought the Coronation-Par- 
don would free me ; and yet now my Offences 
;ire made High Treafon; and for that when I 
faw I could get no Redrefs from his Majefty, by 
means of the Duke of Buciingham^ I did addrefs 
my Petition unto thb Houfe concerning his (the' 
Duke's) Cunning who hath made the King a 
Party againft me : And for my Accufaiion of 
him I am made a Traitor, and he a Judge %o < 
vote againil me. I do therefore humbly befeecl) 

< your' ^ 



Aa« s* Charles !• 



c 



a4 7Z^ TariiatMnt/try Histoky 

your Lordfliips to diftinguifli of this. And al- 
tbo' I have been too tedious already, tofuffcr me 
to proceed and prefent'my Cafe unto you. 
This being granted, he went on th(i§, 

* At the Prince's coming out of Spain I was in 
Favour with hisHighncfs, and with the late King 
alfo at his Return into England. But I having 
acquainted the Prince (at his being in Spain) with 
my Letters which I wrote unto the late King, of 
the Duke's unfaithful Dealing, which Letter his 
Highnefs forbade me to fend ; and the Duke, 
at his Return, having got a Sight of thofe Letters 
(bine We Lachryma) he laboured with the Duke 
of Richmond and the Marquifs of Hamilton, for 
my Commitment to the Tower, fo foon as I 
Ihould return into England ; and he moved the 
>Marquifs to deal with my Lord Chamberlain for 
my Commitment, tho* but for a Time, untill 
Things were fettled, left my coming to the King 
fhould difturb all. I defire the Lord Chamber- 
lain, who is here prefent, to deliver Jiis Know- 
ledge herein. 

* Then the Duke accufed me in the Parliament, 
of the Prince's dangerous Journey into Spain^ 
which I will prove to have been plotted by the 
Duke himfelf aforehand, with Conde de Gondo^ 
mar the Spanijh Ambaflador. And I will alfo 
make it appear unto your Lordfliips, that there 
^re very many Contrarieties in the Duke's Rela- 
tion to both Houfes, I hearing of this, and the 
many Dangers threatned me, offered to come 
home prefently, but my Letters were anfwered 
that 1 might ftay and come at leifiire; yet I 
came with as much Speed as conveniently I could, 
confidering my long Journey, and that I brought 
tip my Wife and Family with me; and being at 
Calais with above forty Pounds worth of the 
King's Jewels, I could not procure fhipping from 
thence to pa(s me over, but was enforced to en- 
ter in a Boat with fix Oars, I makirjg hafte to 
€ome before the Parliament fhould end \ and the 

X VDuke 



or E N G L A N D. aj 

Duke ufing all the Means he could to put off my ^, ,, chwieti. 
coming untill the Parliament was ended. 1626. 

* At my coming to Land a fingle Letter was 
fent of lome fix Lines, from the Lord Conway^ 
of his Majefty's Pleafure not to come to the 
Court, but to remain in my own Lodgings; 
being there I petitioned the King that I might 
anfwer in the Parliament, and his Majefty laid 
that the Parliament was fo incenfed againft me, 
that it was not fafe for me to be brought thither, 
but in a few Days I fliould have an End of my 
Troubles. 

* Atlaftlhad Articles fent me, by Commif- 
fioners appointed to enquire of my Proceedings, 
which Articles contained the Subftance of this 
Charge, and I fully anfwered them in Writing 5 
and the late King read them all, and was fo well 
fatisfied therewith, that he fent me word that he 
would fee me ; whereupon the Duke of Bucking- 
ham defir'd his Majefty that I might firft anfwef 
fome four other Queftions ; which being delayed, 
and I petitioning the King for them to be fent 
me, his Majefty gave Orders to have them pre- 
fently fent ; yet they came not, divers Days were 
fought, and at laft the Lord Conway wrote me a 
Letter, that they were ready, but he thought it 
better I did accommodate the Bufinefs. 

* Though I often folicited the Lord Conway^ 
yet his Lordfliip perceiving I fhould be cleared by 
the Commiffioners, would never fend thofe Que- 
ftions, nor fuffer the Commiffioners once to 
meet ; and at laft anfwered. He had no more to . 
do with me. 

* Then the late King fent me a Meffage, to 
write but a fair \jK,\xtx ymxo Buikinghant for a 
Reconciliation, and that I fliould leave the reft 
unto him; the Duke hereupon fent one Mr; 
Clark unto me : What fair Propofitions I (hould 
make were thefe^ only to retire into the Country 
and not come to the Court, but permit his 
Grace to difpofe of the Vice-Chamberlain's 
Place. And I (hewing Mr. Clark^ hy way of 

* private 



Aa. 2. Charles 
1626. 



26 The Tarliamentary History 

private Conference, what Papers I had to pro- 
duce ^gainft the Duke, his Grace then required 
a Retractation, which I denied ; and io all Re- 
concilement broke oflF. Afterwards the Duke 
fent me certain Propoficions in a Letter, which 
I ihould acknowledge ; and the Preface of that 
Propofition faith, It is not granted that the Earl 
of Brijiol hath by his Anfwer faiisfied either the. 
King, the Prince, or me, of bis Innocency ; (a 
ftrange Conjun£tbn of a Subjed) and the Duke 
would not be fatisfied with le& than a direvSt Ac- 
knowledgment. 

* Upon this I petitioned the late King, that I 
migbt brat Liberty to follow my Affairs freely, 
which bis Majefty condefcended unto, and %• 
ntfied his Pleafure by the Duke, that he was fa** 
tisfied, and that therefore I had my Freedom : 
But when I had an Intent to come to my Lodg- 
ing at Whitiballt and made the Duke acquainted 
therewith, he feemed much dif^deafed thereat, 
and moved his Majefty, that I might firft make 
an Acknowledgment of my Fault, which his 
Majeily refufed to compel me unto ; fayihg. He 
migbt then be thought a Tyrant to force a Man to 
acknowledge that which he was not guilty of. 
And his Majcftji fent me wprd, that I fliould 
make no Acknowledgment unlefs I would freely 
confeis myfclf guilty. Yet the Duke caufed a 
Meilage to be fent me, that bis Majeily expected 
that I fhould make the Acknowledgment and 
confeis myfelf guilty. And thus it flood with 
me when the late King (my bleiTed Mailer) flck^ 
ned and died. 

* When his Majefty that now is came to the 
Crown, he was pleafed to fend me a gracious 
Meffage upon the Occafion of a great Sicknefs I 
had, and my Writ of Parliament was freely fent 
me J but, out of Rerpe<9:, I defired to know 
what would bed pleafe the King, my Coming 
or my Stay from the Parliament; a^id the Duke 
of Buckingham did write unto me, that his Ma- 
jlefty took (hat Refpe^ very jvell at my Hands, 

• but 



Of E N G L A N D. ay 

i)ut would have me excufe my Coming; forAn.2.ciiariiiK 

which I craved a Leltdr of Licence from the ^^^ 

Parliament, infteid whereof I received from the 

Lord Conway a Letter of Prohibition, and Re- 

ftraint, and Confinement, under the King's own 

Hand, whereas before I was retrained only by 

the Lord Conway. 

* After this I continued quiet almofi a Year in 
the Country untill the Coronation, and then I 
wrote a moft humble Letter unto his Majefty, 
and to the Dtkke of Butlingbam ; but received a 
Letter from bis Majelly, written in a great Ro* 

man Hand, inclofed in one from the Duke, fo ^ 

differing from thofe gracious Meflages his Majefty 
had made to my Wife and others, that I knew not 
what Judgment to make of the (aid Letters ; and 
divers Copies of them were divulged abroad. 

* Then my Writ of Parliament being denied, I 
feveral Times caufed the Lord Keeper to be 
moved for it, but could procure no Redrefs; aftd 
when I petitioned the Houfe for my Writ, the 
JDuke thereupon took Occalion (to my great 
Difgrace) to read the above fpccify'd Letter in the 
open Houfe ; and a Letter ot rrohibition was 
fent me (with my Writ) to ftay me from the 
Parliament (rf). Upon this I petitioned the Houfe 
for Redrefs againft the Duke of Buikingbam^s 
Wrongs unto me, and accuied him of divers 
Crimes. And fince the Houfe was poflelTed of 
this my Petition I have been charged with Trea- 
fon, liaving been offered from his Miajefty but 
few Days before, to reft in Security, and not to 
be queftioned : But I thinking it fit for the clear*- 
ing of mine Honour, to have Recourfe unto this 
Houfe, do find myfelf a retrained Man, and the 
Duke at Libeny, fitting as one of my Judges ; 
Which I hope your Lordfliips vvill fpeedily redrefs. 
* I humWy defire your Lojdfliips to take my 
Caufe into your Lordfbips Confideration, having 
pat myfelf wholly into your Hands.' 

Thi$ 

{4) See thi« Letter In Vol. VI. p« 47s., 



a 8 The Tarliamentary Hf s T o r r 

Aa.*. cimicsi. T*his being fpoken by the Earl of Brijiol^ he was 
i6a6. withdrawn. 

Then tfie Lord Chamberlarn being required by 
the Houfe to deliver his Knpwledge of that which 
the Earl had vouched of him, he faid, * The Mar- 

* quifs of Hamilton told me, in a Speech which he 

* the faid Marquifs had with the Duke of Buck- 

* inghaniy that the Duke told him, that his Nice- 

* hefs, the Duke of Richmond's^ and mine, in not 

* giving way to the Earl of BrifioVs Commitment 

* to the 7ower^ would prejudice the Caufej for if 

* he came to the King, he would put new Hopes 

* into his Majefty, whereby the Breach of Trea- 

* ties with Spain^ touching the Marriage and the 

* Palatinate^ would be hind red.' 

The Houfe having debated and agreed, how 
far to allow of the Earl's Requefts, he wa« brought 
to the Bar again, and the Lord Keeper fignified 
mito him. That their Lordfliips require him *the 
faid Earl to put in Writing the (hon Heads of thofe 
Petitions, which he defires this Houfe to prefent 
unto the King on his Behalf, and of what elfe he 
will defire their* Lordfliips to be Mediators for hirri 
to his Majefty ; which the Earl promifed to do on 
Monday next. 

The Lords allow ^^^^ ^^^^ Keeper further told him, * That 
liiin Counfcl. the Houfe had granted him a Copy of the King's 
Charge againft him, and that he fliould have Coun- 
fel allow'd him to plead his Caufe. And that he 
is to let their Lordfliips know at what Time he 
fhall be ready to make his Anfwer. The Earl de- 
fired to have Time till this Day Se'night, for that 
many of his Difpatches are in the Country, which 
he would fend for up in all Speed. 

Mr. Attorney fignified to their Lordfliips (being 
demanded from what Time he would charge the* 
faid Earl) that he had Direftions to charge him no 
further than with the Difpatches of 1621, and 
downwards ; whereupon the Earl befought their 
Lordfliips, that on Monday next he might fignify 
when he may be ready to make his Anfwer, which ' 

bebg 



\ 



Of ENGLAND. tig 

being granted by the Houfc, he rendered theirAn.a.c^rieiL 
Lordfhips mod humble and hearty Thanks for *•• 

their honourable Proceeding?; and fo he was with- 
drawn,' 

May 8th, The Lord Keeper deliver'd aMcflage- 
from the King to this Effefl , viz. 

* Whereas the Earl of Brijiol hath made Requeft ^^.^j^ .^ . 

* unto the Houfe for Counfel to be allowed tOg^eeabic^© the 
^ plead his Caufe ; h.i3 Majefty underflands that King. 

* the not ufing of Counfel for a Defendant, in 

* Cafes of Treafon and Felony, is an antient and 

* fundamental Law of this Kingdom : And there- 

* fore his Majefty defires. That forafmuch as he 

* hath committed this Caufe to the Honour and 

* Juftice of this Houfc, that your Lordfliips would 

* proceed with all Caution, that this antient and 

* fundamental Law may receive no Prejudice or 

* Blemifli/ 

The Duke of Buckingham moved the Houfet 
That the Lord Chamberlain might again declare 
his Knowledge of that which ihe Earl of BriJlol 
had vouched him for. 

Whereupon the Lord Chamberlain, by Com- 
mandment of the Houfe, did again declare his 
Knowledge therein, to the fame EiFedt he had on 
Saturday laft ; and the Duke prefently fpake as 
followeth. 

My Lordsy 

* T Can do no lefs on the Behalf of this noble The Duke of 

* JL Lord, of whom I will not leave it unccr- S"<^J^w8*»«m'» 

* tain in your Lordfhips Opinions, that he hath ^hTeJ^,*^?^';? 

* alledged any Thing of a Friend that is dead, thatftoL 

* he might not very well fay j nor fuffer my dead 

* Friend, who cannot anfwer for himfelf, to be 

* thought that he had in the lead Kind broken the 

* Truft I repofed in him 5 but to acknowledge, oa 

* the Behalf, of them both, that I have often faid 

* unto him and others, (not under the Seal of Se- 

* crecy) That if the Earl of Briftol have Accefs 

* unto his Majefty with new Hopas, he would go 
^ near to alter the Refolution (aken bjr Advice of 

* both 



3 o 7he Tarliamentary History 

An.».ch»rlcsi.* ^^^ Houfcs. And I added thus much farther^ 
' j6i6. * (not out of any Malice unto his Perfon) That if 

* the Earl of Brijiol had been my Brother, con- 

* fiderlng his Carriage in ihis Bufincfs, I (hould have 
'• thought the Tower the fitteft Lodging for him/ 

Then a Petition of the Eail of Brijiol was read, 
in hac Verba^ viz. 

To Che Right Hon. the Lords of the Higher Houfe 

of Parliament. 

The humble Petition of John Earl of 

Bristol, 

Humbly fheweth unto your Lordfliips, 

TheEatr.Pcti- T'^^^ ^^^^^^ i^ ^PP^<ireth by the Title of the- 

tion that the ' -* Charge exhibited againft the Earl of Briftol, in 

Duke and he may thii Honourable Hottfey that the Earl of Briftol is to 

^P^^^^P^"*^"*^^ anfwer before his Majejiy and the Peers ; and that 

"" * his Majejiy is his Judge, and by Mr, Attorney's 

Confejfion^ this Charge is by his Majejifs Relation^ 

and fo hejlandetb by his Majejiy auujed : 4nd that 

. Jheral Points of the faid Charge are grounded only 

upon private Conferences with, his M<^efty\ fo that 

his Majejiy y by his Teftimony, becometh a tritnefs : 

And in cafe the faid Earljhould be convi^j bis Con^ 

fi [cation cometh to the Crown. For this Regard and 

divers others s he humbly befeecheth your Lordjhips to 

tale into Confederation of what Confequence fucb a Pre^ 

cedent may be ; and therein moji humbly to move his 

Majejiy^ for the declining, at leaji^ of his Majejiy* s 

. Accufation and Tejiimony^ infuch Sort as you in your 

high JVtjdoms JhaU think fit ; whereunto the faid Earl 

doth mojl willingly Jiibmit himfelf And forafmuch 

as the faid Earl is fo unhappy, as he underjiandeth^ 

t$ have fallen into his MdjeJiy*S high Dijpleafure, for 

which he is mofi heartily jorry ; and the Duke of 

Buckingham againji whom he contejleth^ Jlandeth fo 

eminent in h's Majeflfs Favour^ whereat the Earl 

prefumeth not in the ieaft Meafute to repine \ but 

toketh moji jujt^ that bis Majtfiy Jbould^ according 

to 



O/^ E N G L A N D. 31 

to his affedfionate and good Pleafure of Hs own Royal Aik»%.ChtkiU 
Hearty favour y prefer ^ or make Difference of Per^ '**^' 
fom^ in all Points of Grace and Favour^ and Medi* 
ation. Yet in a Cafe of Juflice^ wherein two Peers 
cf the Realm ; two that have been Privy- Counfellors^ 
and AmhafjadoTi employ* d in the fame Affair s^ and 
thereupon do now conteji in Point of Honour and their 
Loyalty. He mofl humbly befeecheth your Lord/hips to 
be Inter ceffors unto bis Majejty^ that their Caufes may^ 
by his Majejly^ be equally referred to the Juftice of this 
honourable Houfe^ and their Perfins remain in equal 
Condition. Further ^ he humbly befeecheth your Lord- 
ybips^ fo far to favour him^ as to prefent unto his 
Majefty the true Sorrow and Grief of his Hearty for 
having ever offended his Majefty j and to mate Offer 
unto his Majefty y on the faid Earfs Behalf of all 
the A£ts of Humiliation and Submiffton {not tending 
to the Wronging rf bis Innocency) that ever Subje^ 
made unto his Sovereign 5 and that your Lordjbips 
would be earnejl Mediators herein^ for him^ to his 
Majefly. 

. That your Lordjhips would be plea fed to move bis 
Majejly^ to . give Leave that all the Difpatches cou" 
cerning the Negotiations of the Tears 1621^ 1622, 
and 1623, may be brought iuto this High Court ^ and 
that he may mate ufe of them as his Evidence. 

Ihat his Majefiy may be moved that my Lord Con- 
way iTwr not ufe bis Majejlfs Name^ ex Officio, in 
any Thing that may concern the Earl of Briftd or 
his Caufe. 

And he (hall pray, i^e. 

BRISTOL. 

* Unto this Petition was alfo annexed as follows, 
viz. The Names of fuch Counfel as the Earl of 
Briflol humbly defireth may be aifign'd to him, 

Mr. Serjeant Hedley^ Mr. Serjeant Crawley^ 
Mr. Serjeant Bramjlon^ Mr, Anthony Lowe. 

The 



52 7he Parliamentary Hi stort 

An a. Charles I. '^^^^ ^arl of Brijloly concerning the Time of 
'*i$26.! putting in his Anfwer, faith, Ihat though the Charge 
looketh no further back than 1621^ yet the Inferences 
thereof are drawn from his Di^dtches offer aw 
iienter Date^ fo that he is conjirained to fend Poft 
for fome of them to his Houje in the Country^ which 
he hath done ; and therefore defired the Space of 
Eight Da^Sy affuringyour LordJhipSy that ifinjhorter 
Time (as he nothing doubteth) he Jhall be able to 
finijh it^ he will prefently advertife your Lord/hips 
thereof 

* The faid Earl further prayeth, That being in 
Cujlody of Mr, Maxwell, Gentleman VJher of this 
Houfe^ and there being many Things that in the In^ 
terim may happen wherein he may need your Lordjhipi 
. further Order ^ that your Lordjhips would be pleafed 
now to order y that Mr. Maxwell may prefent unto 
your Lordjhips fuch further Petitions or RequeJiSj on. 
the Behalf of the faid Earl^ as he (hall have Occafion 
Of prefer unto your Lordjhips. 

B R I S T O L. 

• Hereupon it was ordered. That Mr. Maxwell 
niay prefent unto the Houfe any Petition which the 
Earl (hall have Occafion to make hereafter. Then 
the Houfe was put into a Committee, that their Lord- 
(hips might the mgre freely debate the Contents of ' 
this Petition ; and the Petitions were read in Parts, 
and each Part cdnCder'd of by jtfelf ; but before' 
any Conclufion Wis *had thereof, a Meffage catne 
from the Houfe of Commons, whereupon their 
Lordfliijps proceeded no further herein at this Time, 
and the Houfe was refum'd. 

Meffage frdm the'Commons^ by Mr. Vice-Cham^ 

berlain and others. ' That the Commons defire a 

Conference between a Committee of both Houfes,^ 

The Commons if it fhall fo pleafe their Lordfhips, and at fuch 

iefire a Confc- Time after this Morning as their Lordlhips fhall 

appomt. 

Anfwer. * A Committee of this whole Houfe 
will meet a Committee of the whole Houfe of 
Commons at Two this Afternoon, in the Painted 

Chamber^ 



Of EN GLAND. 33 

Chamber^ to receive what {hall be propounded t0Aii.a.Chark>itf 
their Lordlhips.. '^^• 

The Meflengers being departed, the Houfe ap- 
pointed tbefe Lords to report what the Comn^ons 
(hould propound at this Committee, viz. 

The Lord Prefident. Earl of Clare, 

The Lord Chamberlain. Lord Vifcount S^ 

Earl oi DfftU and ^aie. 

Earl of Bridgwater, Lord Biihop of Uwr^ 

Ezil o( Detmjidre, mch. 

And it. was agreed, that thefe eight Lords ibould 
have the firft . and moft convenint Places at this 
Committee. 

We now go back a little, to take a View of the 
Duke of Buckingham's Affair in the Houfe of Com- 
mons. -»——^ 

Jpril the zstd, the Commons had perfeded their The Commotfi 
Charge againft him. and fent tlic Duke Notice P^'***^^®^ 
of it by Sir John Itippejley and Mr. Gifard, two Jr'^^i^Sdr 
of their Members. The Heads of it, from the charge a^'mft 
CIerk*s Books, they were allowed to deliver to him* *^- 
Verbatim^ but to leave no Notes of them with him* 
His AnfWer was alfo required in two Days Time^ 
before them, if he pleafed. 

April iht 24th, the Gentlemen, fent to thcDuke^ 
made this Report- to the Houfe, ' That they had - 
acquainted his Gface with the Meflage) who toM 
them he could Hot give Anfwer to it« till he h^ 
informed the Houfe of Lords aboui it. That this 
^Forenoon having aiked Leave of the Lords^ they 
would by no Means confent to it. However, he 
didlated fome Anfwer to them, which being put 
into Writing was read to the Houfe, as follows ; 

* rV\ H AT he fhould. With great Care^ makel^el>ulcc*»Ao* 
V X ^'^ ^^c Acknowledgemertt of your Refpeft ^"^^^ 

' and Favours in giving him this Notice ; which 

• though it do invite him to tender unio you fuch 

* a Satisfadtion that, he hopes, may acquit and re- 

• ftore him to your good Opinion, and might pre* . 
Voli. Vn, C • Vept 



'T 



Ab.it. 
I 



Charles I 
6i^. 



3 4 The Tarliamentary History 

vent your Proceedings, \ybich otherwife by a 
Parliamentary Courfe are like to follow : Yet 
-according to bis Duty, be nioved tbe Lords of 
the Upper Houfe, upon your Notice giren hini» 
who would by no Means, as Tbings now fbnd, 
give bim Leave to anfwer, in regard be is not 
ignorant you are prefently to enter into Confide- 
lation of bis Majefty's, Mefii^; and that by a 
Delay therein your own Purpofes will be in fome 
fort diiappointed, and the Affairs of Chrijlendsm 
much prejudiced ; but for that, upon aRefblutbiit 
you have deferred and refpited that Service untill 
thofe Things depending againft him be firft de<^ 
termined, be, out of Fear that bis ncceffiuy 'De- 
fence would fpin out a great deal of Time, which - 
is more precious, is the willinger to obey their • 
Lordfhips; that fo he might haften, without 
Obftacle or Interruption given unto him, to 
keep Day with his Majefty ; and this he dothf ^ 
as he conceives, to his own infinite Prejudice, 
knowing .how grievous it b to be tranfmittcd as 
a Grievance by ibe Voice of this Houfe ; but he 
doth profefs he will rather hazard tbe Safety of 
bis Fortune, Reputation and himfelf, than to be 
the leaft Occafion of any "thing that may work Dif- 
afFedion or Mifunderftanding between tbe King 
and his People : And it is bis Protcftation, that 
whatfoever Interpretation is made of bis Aftions, 
his Endeavours (hall be,, as long as he hath any 
Favour with bis gracious Mafter, to take Op- 
portunity of doing good Offices to this Houfe, - 
and of rendering all that he can be able for the . 
Safety of tbe State, and tbe general Good of tbe 
Common-Wealth. Aiid this he faith you may 
the eaficr believe, becaufc his Majefty can wit- 
nefs that he hazarded in his Father's Time the 
Lofs of the beft AfFeflion of tbe beft of Mafters 
to obtain for them their Deiire. In this Zeal he 
was delirous to have apppeared unto you ever 
fince the Beginning of this Parliament, and ia ' 
this Zeal he doth now prefent hirafelf unto you* . 
But to return to the main Point, he, left we 

(hould 



ty E N Q L A N a 35 

* fliould bte midakcn, gave usOccafion, in plain A«.».charkir, 

* Words, to remember you, that it is not he that ""•' 

* doth refufe to anfwcr, but the Lords commanded 

* him not to anrwer 5 which he the chearfuUier 

* obeyed, in refpeft of his Fidelity to prefer the 

* Univcrfal Weal before his own Particular ; and* 

* in the mean time, hedcfireth the charitable Opi- 
' Tikm of this noble Hoafe, untill he be convinced 

* that he (hall appeal not worthy of it, which his 
^ own Innocency maketh him confident that he 
« fhallnot.* 

Notwithftandihg this comf^laifant Mefiage of the 
I>ufce*5, the Houfe proceeded to icvera! Refolutiond 
&nd Votes againfl: hitf Adtniniftration ; and having 
finiChei fheifr Charge, the next' "Day, jfpril the . 
isth^ the Commons went upon the Supply, ac- 
cording to an Order made for that Purpofe. It 
was firft moved for by Sir Benjarrin Rudyard^ who 
alfo defired the Hobfe to take into their Confidera* 
tion the Fall of Subfidies. That other Rents, finCe ^^f^ ^Jf * ^'^' 
the i ft of EHzabeth^ had been generally improved ; ^ ^* 
but the King's had wafted, except what is paid by 
the Nobility and Clergy. That one gfeat Caufe 
of this Fall, was the Multiplicity of Gpmmiflionersi 
who al^ the Affeflbrs of therhfelves ; with, Certifi- 
cates, &fr, tte moved that a Search might be 
tnade Into former Schedules of Subfidies ; and that 
the Four Shillings a Pound Rate on Lands, and the 
Number of Subfidies, may be increafed by this- 
Grant. Laftly , That-fome' Forts might be erefted, 
and fome Ships maintained, for the Defence of the 
Kingdom, w. at the Country's Charge. 

This Motion was feconded by Sir George Moor^ 
who faidi That to help the Decreafe of Subfidies, 
they ought to give one Snbftdy and one Fifteenth 
more, payable after the three now agreed on were" 
come itt. On another Motion, a grand Committee 
was appointed to go upon this immediately ; but 
What Was done at it is not now mentioned in the 
Joiitfmls. A Bill for a Grant of Tonnage^ and 
Poundage was alio preparing by the Houfe ; and a 

C 2 Remon- 



3<5 The Parliamentary History 

An. ». Charles 1. Remonftranct to the King ordered to be drawn up» 
'^*^' concerning his taking thofe Duties without Gran^ 
of Parllameiit. 

Some Days after, the Addition of a fourth Sui- 

Which is zifttd/tdy^ to what was already voted, was agreed unto 

to- by the Houfe, to be rated and paid after the ufual 

Manner, the laft Day of Jufy conieTwelvemonth. 

When the Account of the whole Grant was figni- 

fied lo the IJ^ing, he faid, « That he Accepted it in 

* very good Part, butdefired fuch Speed might be 

* ufed in it that it might do him good.' 

The fame Day that this laft Affair was in Ap- 
tation, Jpril 27, a new Matter was ftarted againft 
the Duke, concerning a Plaifter and a Poffet given 
to the late King James^ in his laft Sickne&. 
Mr. Glanvile made the Report of it from the Com- 

A furtherChargc '"^^^^^ of Examinations into the Duke's Conduft ; 

ttgainft the Duke, and feid, That the fworn Phyficians had tefiified 
• before them, that they had agreed upon certain 
Direftions in tlie King's Sicknefs, particularly that 
he (hould have neither Meat nor Drink for fome 
Hours before his Fitl That upon this and other 
Matters, the Committee were of Opinion this 
fliould be annexed to the Duke's Charge, as a tranf- . 
cendent Prefumption of dangerous Confequepce. 

On this a Debate arofe, and the Houfe divided 
on the Queftion, Whether the grand Committee .. 
of the whole Houfe (hould now fit, to take Con-., 
lideration of this Bufinefs ? And it was carried in 
the Affirmative, by 191 againft 150. 

The next Day Mr. JVandesford reported fronx 
the grand Committee, concerning the Duke of 
Buckingham^ a general Agreement amongft all the 
King's fworn Phyficians, that nothing fhould be 
adrniniftred to the King without the joint Confpnt - 
of them all, ^c, ' Upcn Queftion, it was refob/4^ 

* That a Plaifter was applied, and a Drink given, 
to the late King, in the Time of his laftSicknefSs 
without the Advice of his fworn Phyficians, and 
not made by his fworn Apothecaries or Surgeons^ . 
contrary to the general Directions of the Phyfici- 
ans^ ar.d after being particularly difiikcd by them. 



0/ E N G L A N D. ij 

Rifihedi That the Application of the Plaifter An. a. Chirlw !• 
and giving of the Drink to the late King, as agreed '^^^' 
upon in the laft Queftion, was an Aft of tranfcen- 
dent Prefumption, and of dangerous Confequence. 

Rifihii^ That this Drink was given to the late 
King by the Duke, and the Plaifter applied to him 
by the Duke's Diredtion. 

Refolvid, That this ihall be annexed to the reft 
of the Duke's Charge. 

The Day after, April 29th, the King fent a 
Meflage to the Honfe, by the Chancellor of the 
Exchequer, intimating, ^ That he having given TheKing*sMer« 
^ Way to tbcir Enquiries about the Duke of Buck- fafc thereupon, 
^< ingham\ and hearing there is new Matter intend- 
^ ed to be brought in ; in refpeft to the Seafon of 
^ the Year, and the Affairs of State, defireth the 

* Houfe Will tvbid Loii of Time therein ; and 

* leavetb iktm tON their own Way, either by pre- 
^ ienting the Complaint to himfelf or to the Lorda' 

Thankf" was ordered to be returned, by the faid 
Chancellor and others, to the King for his gracious 
Meflage. 

■■ The Commons having now entirely finifhed all . 
dieir Articles againft the Duke, and agreed upon 
the Members who fhould defend each of them ; on 
the Sth.of May they fent a Meflage to the Lords, 
deliring a Conference with them concerning the 
Impeachment and Accufation of a great Peer of that 
Houfe, with as much convenient Speed as their Oc-» 
cafions wouIJ permit. . Accordingly,' at the Time 
appointed, the Commons went up with their Im- 
peachment, which was to be managed by eight of 
their Members, and fixieen others as AffiftantS£|gj^t^fa„age„ 
to them. The Names of the eight chief Managers appointed for the 
were. Sir Dudley Diggs^ Mr. Herbirt^ Mr. SeU ^^"^'^ charge. 
den, Mr. Glanvile, Mr, Ifhitby^ Mr. Pymme^ 
Mr. Wandetferd, and Sir J(^ ElK^. 

The next Day, upon a Queftion, Tliat the 
Houfe do move the Lords, that the Ekike of Buck'^ 
ingbam may be committed to Prifon, the Houfe di- 
vided; Ayes 225 ; Noes 106. . The Commons Jcur- 
mis inform us, That the Noes would have yielded -j, 

C 3 bW 



38 lh€ Tarliamfntary His tout 

Aa.».ch«rk8i.but the Teas would not accept it, dcfiriof to be 
sM. numbredit — This was done, np doubr^ to let tbf 
Di^e fee how little Intereft he bad in the Houfe.-^ 
A Committee of Twenty Members was alfo nor 
minaied to confide of the Manper how the Com- 
mitment ihould be prayed. 

We fhall not give the Ch?^rge againft tj^e Duke^ 
till we come to the Report mad^ of it in theJioufQ 
of Lords, by the noble Peers appointed to take 
' iSfotes for that Purpofe. But we now (hall go on 
with the Proceedings of that Houfe for fomc few 
Days, ill order lo introduce it in its proper Place. 
May the ptb. The Duke oi Bit(k\ngbam vOiOi^tA 

^a^^haftcwT^^ ^^^ * ^^^^^ forafmuch as the Bufinefi. which 
^*y -* ' the Committee of the Commons bad bef^n the 
Day before to declare unto a Cpmmittee of thia 
Houfe, was not then finiibedi that their Lordihips 
would give them a fpeedy Meeting agiLin tbi^ 
Morning concerning the fame.' This Motion wa^ 
agreed to, and a Mcipiige was fent to the Common^ 
according! y^ To which this Anfwcr was returned : 
* That at the Meeting of both Hpufes Yefteiv 
day, the Committee of the Commons did impeach 
a great Lord of dive£s Crimes and Mifdemeanoff| 
which could npt then be iinilhed for w^nt of Time ; 
and the Gentleman who was appointed to proceed 
in the next Part of the Charge, is fo vifited with 
Sicknefs, that the Commons are enforced to make 
ufe of one of bis Affiftants. Therefore they defir*d 
that their LOrdfliips would appoint any Time they. 
pleafed> for the next Meeting, after this Morning.' 
Atifwer, * The Lords do appoint Ipight o'Clock 
the next Morning, in the former Place for the 
Purpofe ; and then cither the aforefaid Gentlemai^ 
may be recovered, or his ^(fiftant better provided 
tp perform tl)e fame.' 

Qucftions ro > ^^"^^ ^^^ ^^ ^^^^ KtCpCt pUt the Houfe 

ftftoX ju^i<i mind of the Earl of Brift$h laftPictition to them, 
relating to the appointed tp be heard a? to Day ; when, the Judges 
Tjju\ ofBriftoi. ^{lig fcnt for, the following Queftions were agreed 

ypon to be put to them and left to their Confide^ 

rations. . . 

\ !• Whe- 



Of ENGLAND. 35> 

1. * Whether, in Cafe of Trcafon or Fclony,Aa.a.charieil 

• the King's Tcftimony was to be admitied or not/ »^*^ 

2. * Whether Words fpokcn to the Prince, who 

* is after ICing, makes any Altetation in this Cafe ?' 
The Judges wen? ordered to deliver their Opinions 
herein on the i3th Inftant. 

On the nth oi May early in the Morning, the 
King came to the Houfe of Lords, and, being featcd 
on the Throne J made the following Speech to them : 

My Lords^ 

rHE Caufiy and only Caufs of my coming to you 
this Day^ is to exprefi the Senfe I have of allj^^n *akef 
your Honours ; for he that toucbeth any of you, tcuch^ S£"4t» ^V 
itb me in a very great Meafiire. I have thought yioju, 
fit to tale order for the punijbing fome infolent Speecbei 
f^ken [to you Yefterday, by way of Digreflion.] 
/ have been too remifs heretofore in punijbing kch 
Speeches as concern myfelf\ not that I was greedy of 
their Monies^ but that Buckingham, through hii 
Importunity y would not fuffer me to take notice of 
themy lejft be might be thought to have Jet me on, and 
that he might come the' forwarder to bis ^riaL And 
to approve his Innoeency as touching the Matters a- 
gainfi htm; I myjeif can be a Witnefi to clear him in 
every one of thenu 

/ Jpeak not this to take any thing out of your , 
Hands ; but to Jbew the Reafin why I have not hi- 
therto pumjhed thofe infolent Speeches againji myfelf 
And now I hope you vnll be as tender of my Honour^ 
when Time Jhall ferve^ as I have been fenfible of 
yours. 

After which bis M^efty departed. 

The King's coming to the-Houfe and making ^^.^ ^ ^^j^^^^ 
this Speech, was occafionedby the Behaviour of hc^ommiTs^to 
two of the Managers for the Commons againft the th» Tower, 
Duke ; who, in their Speeches had let fall forae 
Expreflions, as was reported, that were highly re- 
fented by hiff M^ajefty ; and he had, accordingly, 
committed them both to the Timir. The Con- 
fcquenc^ of which will fall bettet in another Place. 

Th« 



The Commoitt ^ 
defire the Duke 
may be commit' 
fedtioiafeCu^o- ' 
d^. ' f 



4P The Parliamentary H i s T o r t 

An. ». Charles I- '^^'^ ^^^^ ^^ ^ Meflage came' from the Com- 
' ie^^. mon5, brought byr Sir Natbani$l Rub and othersy 
' ^hicb was IQ tjiis Purpof l : 

f ^npiflE Kpights, Citizens, and Burge0es of 
^ X ^'^c Comtnons Houfe of Parliament, taking 
* intp tl^eir mofl: ferious Cpniideration tt]|e m|in Mif- 
phief$ anpl Inconveniences which this renowneti 
Kingdom doth now fuifer, thrqatning appareqt 
Danger to rhe King and Common- Wealth, have 
by Search and.Difquifition into the Caufes thereof, 
found that they doppncipally flow from the cxorr 
bitant Ppvyer and abufive Carriage of the Duke of 
Buckhgharn ; whereof he h^th in this Parliament 
been impeached before their Lordftiips by thq 
Commons, befides an Accvifation of a Peer in 
their own Houfe, who hath charge^ \\\r^ (as they 
are informed J of High Treafon : They therefore 
with one Voice make an entire De(:laration, 
That they hqld {t a thing of dangerous Confe- 
quence both fqr the prefent and future Tiine3j»' 
that a Man of (6 grpat Eminence, Power and 
Authority, being impeached and accufed of fuch 
high Crimes and Ottenpes, (hould yet enjoy hisi 
Liberty, hold fo great a Part of the Strength of 
the Kingdom in his Sands, fit as a P^er in Par- 
liament, and be ^quainted -y^ith tjie Counfels 
thefcpf, whereby inevitable Mifchief may fud- 
denly fall upon the Kingdom. Wherefore they 
have thought jt their Duty to recommend thi§ 
their unanimous Defire to their Lordfhips, as a- 
greeable' to Law anci Reafon, That they would 
be pleafed forthwith to commit the Perfon of the 
faid Duke to iafe Cuftody.' 

The Reply the Jx)rds made tq the Meilenger^ 
was. That they would take their Meflage into 
Oonfiderariqn, and return ah Anfwer to it in con- 
venient Tirne. And, after the Commons were 
withdrawn, the Duke of BMciingham got up an4 
Ipal^e a?, folloijv^ : ' . ' 

¥j 



0/ E N G L A N D. 41 

MyLordf, Aika.ClMiktI. 

IF I hold my Peace, it will argue Guilt, and *^' 
if I ibould fpeak, it may argue Boldneib ; 
being fo foully accufed. Your LordOiips leeifii Defence, 
what Complaints are made againft me, by the 
Houfe of Commons ; how well I Hood m their 
Opinions, not long iince> your Lordfbips know j 
and, what I have done (inpe to loie th|dr good 
Opinion, I proteft, I know not. 
^ I cannot fb diftruft my own Innocency and 
Heart, which abhors Guilt, as to offer to decline ' 
any Courfe or Court of Juftice ; and, had they 
not brought my Caufe to your Lordfhips, I fo 
much truft in the Juftice apd Equity of this 
Houfe, that it fliould have' been my Work to 
have done it. So as in this, only, they have done 
me a Favour, to deliver me out of their Hands 
into your Lordfhips. 

* And now, my Lords, whilft I proteft mine 
Innocency, I do not juftify myfelf from all Er- 
rors, as 'if I was an Angel amongft- Men } I 
know, very well, that Ofiices and Places of 
high Truft and Eniinence, may be difcharged by 
Men whofe Abilities are better than the beft of 
mine, and ftill the Management of them may 
lye open to Exceptions. 

* The King and the State (hall have few to ferve 
them, if for their Favour, if for their Reward 
of Service, if for every Particular that may hap* 
pen in the Succefs of Things j for doing Things 
better than fome couM wifh, for refuung to do ' 
all they wifli, they (hall be given up, in the 
Time of their Mafter's Wants, for a Grievance 
or a Sacrifice. For, this I Ihall confidently fpeak, 
from fuch Crimes as truly dcftrve Punifhment 
from the State, I hope I (ball ever prove myfelf free, 
either inlntentibn or A3.' My Lords, I fpeak not 
this arrogantly ; nor will I fpeak any thing elfe to 
caft Dirt at thofe who have taken Pains to make 
me fo foul ; but to proteft my Innocency, in that 
Meafure, which 1 f^iall ever hope to prove, nay, 

f ^ confident of, being; before fuch iuft Judges. 






4a TbeTariiamentary Histqrt 

* I humbly befeech your Lordfhips to befenfible 
of me tn ttu3 Point, what Diihonour I have fu« 
ftained, not only at Home tuit Abroad i wbtre* 
fore, I humbly defire your Lordflups to baflm 
my Trial, as ibon as may be, that I may ao 
longer fuffer than I muit needs; and yet 1 fur-- 
ther defire of your Lordfhips that no Iticb Pre^ 
cipitation may be ufed, as may difadvantage or 
may prejudice my Caufe. 

^ And here, my Lords, I had a Purpofe lo of- 
fer unto your Lordihipa my voluntary Abfoico 
fyom this Place, even now in the Scanning of 
the handling of my Caufe i as your Lord^ips 
may perceive in part, by my former Carriage (ow 
wards the Earl of Brijt^l For, doubting leaft 
my Prefence might any way dzfturb him and put 
him into Pafl]on» or any otner way di&dvantage 
him in his Caufe, I did voluntarily, as your Lord-^ 
ihips faw, abfent mvfelf. Sut% ww that my 
Acmfen have, not 9ii)y^ hun content ta mah m^ 
Procefs^ but to- prefer ibe to your Lor^fi tb^Mqjt'- 
ner rf my Judgmint, and H judge me bif^^^ 
I am heard '^ I Jball «ot give way^ in my ei^f. 
Particular^ to any of tb^r unjuji Demands ; bu^ 
yety J dq fubmt myfelf in tbis^ and in all Tdin^f 
elfe^ to your If0r3/bips Conftderation.* 

'Thia pathptic Speech of the Duke's is, mifera- 
hly, curtailed and mangled in Ru/bworib {e) ; but, 
as It ftands upon xht' Lords Jmrnais^ is another E- 
vidence, if not of his Innocency, of his great Po- 
lltenefi in Exprcflion. Jlfpeclally, confidering, that " 
tl^is Speech > following the Meflage afprefaid, mui^ 
I^^c been unpremeditated. The I^ords took no 
further Notice of the Meffage that Day 1 and op)y 
ordered that the eight Lords, appointed to report 
what was lielivered by the Commons, againft the- 
Puke, at the Conference, Should do it fully and 
imirely. And, to that end, if they pleafed, tjicy 
were to read the fame out of their Notes ; and it 
was further agreed that eac^^ {^f d \^ afid ought, to 

report- 



0/ E N G L A N D- 43 

report all to the Houfe, not to qualify the £ime inAD.f.ciittki|, 
any Part ; and that oothing> io fpoken and deliver- iM« 
cd» (hould be imputed to t)ie Rejporter. Alfi>, 
that they might help their Mefnoriei with the 
Gentlemen of the Houfe of Commons, who fpoke 
at that Conference. 

May the 1 3th» the Day tp which the lx)rd3 had 
adjourned to he^r this Report, an Order of the 
Houfe was read, concerning the Judges Opinions, 
on the two Queftions in the Earl of Brift^rz Ode 
before-mentioned I whereupon they were called 
upon for that Purpofe. When the Lord Cbjief 
Juftke iaid : 

May it pleafe your Lordfliips, 

ACfor^ni U four Commands ^ we appointed ^ine judges lor- 
*/' Time to have taken into our CMfiaeration tbe^i^ by the Kio| 
tw^ ^^^ns pr^mndid bf your lordjbips, ^'^.tp^^^ 
ff^etber in ({^of^reafon and of Felony the Eng^sSrl of BritoTs 
Teftimony is to be admitted? SeconHy^ ffTf ether c^e. 
JVords Jpoien io the Princi^ being afterwards King^ 
wade any Difference in the Cajef But^ btfon our 
Muting^ mr^ Mtornoy General^ (to whom it hi- 
fongs^ according to, the Duty of Us Place to ham an 
Eye of Care and Vigilancy in Cafes eoneerning thi 
^ing) deftred to know the Time of our Meetings and 
zue told him aceordingly. But^ before thatTime^ he 
brought unto us a Meffagefrom the J&ng^ fi&^^fying 
bis Pleafure to this Effe&i That bis Megefy was r$- 
fohed^ in this and aU other Can/is^ to proceed juftty 
and with that Afoderatiom at became a jtsfi andgra^ 
ciotts King. And that his Mcgefiy was fi Jenfible of 
his Honour^ that hf would not fuffer thi Right of 
his Crown^ whiclf may jufily be prejerved, to be di- 
mini/bed in his Time. Iberefore^ bis Mojeftfs 
Pleafure was^ That %n any particular Cafe^ or ^ui" 
Jiien, which may arife in fhe Caufi of the Earl of 
Briftol, and wherein the Lords deftred our Opinions^ 
thai^ ttffon mature DeHberatim^ ^e fbould deliver 
thi fame according tp our Con/ciences. Us Mojefiy 
ajjicring himfelf that in all Things we will deliver our^ 
J^s^ with that Jujiice ar\d Evcnnefi^ between the 



44 TBe TarliamentaryiKisr OKY 

Ad. a. jPfcrlea I. Sjn^ and hjs People^ as Jhallbe worthy of our Places. 
'^- %at to thefe general ^eftionsy of tvMci his Maje/fy 
cojfid ,not aifcern the Confequence wMch might happen 
to the Prejudice of his Crown, each particular Cafe 
varying according to Circumjiances^ fo as it was very 
hard and dangerous to give a general Rule j accer^ 
ding to the Latitude of thofe ^eflions \ his Majejiy*s 
Pleafure waSy. therefore^ that we Jhmld forbear to 
give an Anfwer thereto. 

' The Houfe next proceeded to hear the Report of 
the Oake of Buciingham's Charge, which wa« to 
he m^de as. this Day by the eight Lord§ appointed 
for that Purpofe. 

Mr Rvjhworth hath given us the fereral Speeches, 
■ made by the Managers of the Houfe of Commons, 
in enforcing the Charge. But^ feveral of thefe ^ 
are put down in his GoUe^ianU in fo different a 
Manner from the Lords Journah, that we chufe 
10 give ihem from the latter. Authorities, verha^ 
fimi not doubting but the Subjeft Matter of the 
Complaint a^ainft this great Man, will ampljr 
compenfate for the extreme Length of it :— As for 
th6 Articles of Impeachment, in* Mr. Rujbwerthy 
they tally ex^iftly with the Lords Journals. 

Here follow the Reports of the Conference with 
^c^^! *^ Commons, on Monday the 8th of May in the 
jgunft the DJlke Afternoon, and on Ifidnejday the loih of May in 
oi Bwfcbgham. the Forenoon^ which wa« appointed to be reported > 
unto the Houfe by thefe Lords following, viz. 

The Lord Prefident, The Earl of Clare, 

The Lord Chamberlain, The Lord Vifcount Say 

The Earl of Dorfet, and Sealf, 

Trie Earl of Bridgwater, The Lord Bifhop pf ^r- 

The Earl of Devon/hire. i^:ch. 

The Lord Prefident began the fame in this Man- 
ner, viz. Sir Dudley D'iggs to induce the Conference^ 
prayed by the Commm of your Lord/hips^ ufed this 
Jntt^odu^ion* 

My 



0/ EN q LAND. 4i 

Mi Lords^ An. i.CJiatieil, 

THERE are fo many Tbiogs of great . i 
Importance to be (aid. in. little, Time, thi^ 
Day, that I conceive it will pot! be unacceptable-Which is open'd 
urito your Lotdlhips, if, fetting by all rhetqrical »»y Sir Dudley* 
Affeftationa, I; only in pWn and.CountryLan-^^^ 
guage humbly pray your Lordfhips Favour, to 
include many Etcufes-neceflaryformy n^anLfold 
Infirmities, in this one only Word : — I am Com'^ 
makded^ that is, by the Knights, Citizens, and 
Burgeflea of the Houfe of Commons, to prefent- 
unto your Lordfhips their mpft • affe^nate 
Thanks for your ready and fpeedy condefcending 
to this Conference % which, out of Confidence 
in your Wifdoms and your Juftice, for the Ser- 
vice of bis Majeftjr, and the. IWTcMare of the 
. Kingdom, they defired upon thi^ Occafion.' 

* The Houfe of Commons findings by a fatal and- 
univerfal Concurrence of COmydaints from ali-^ 
the Sea^ordding Parts of this Kingdom, that 
there was a great Interruption. and Stopping of 
Trade, the bafe Pyrates of Sally ignominioufly 
infefting our Coafls, taking.our Ships and Goods, 
and leading av^y the Subjects into .barbarous 
Captivity ; io that^ to ourr jSbame and Hindrance 

of Commerce, the Enemies did, as. it were, 
block up and beiiege our Ports^ and River's 
Mouths ! V 

* Finding alfo a great Diminution of the antient . 
Honour of the Crown and Reputation of our 
Natbn,* infomuch that our Friends, upon fmall 
Occaiions, made Embargoes of our Merchants 
GoodSf and every Nation was ready to cqhteipn 
and flight us! 

' The Commons were much troijiblcd herear, 
calling to Remembrance, ho.W foriperly mFrana^ 
in Spmn^ in the Hofy Land^ and every where by 
Sea and Latul, the Valour of this Kingdom }iad 
been better valued ; and even, in later Times with- 
in Remembrance, when there was no Alliance 
with Franciy with Dinmark^ nor in Germany ; 

* no 



4^ The^aHiamentary HistoRT 

jlUi.».€hirleti.^ no Friends in Italy j Scotland difunited ; to hy nd 
iSftfi. «. more» Inknd not fettled in Peace, and much 

* lefs Security at Home ; when Spairt wab as 
^ ambitious as it is under a King they Call tbeir 

* wifeft, Philip the II. The Houfe of Mfiria as 
^ great, and ftrengthened with a malicious League 
^ of PerfoAs ill^(ie£hed it) PtaM \ and when the 
^ Lm; Countries had !lo Eleing I 

• Yetl^conftantCounfclsofold£/ig'ii^Waysj 

* even that Spani/h Pride was cooled ( the Great- 
^ nefd of the Houfe of Aujirid^ fo formidable to 
^ m ho^) was well refitted ; and to tte Unitid 
< fM^^i fijcH a Being, Growth aikl Streligth 

* was gi?cn, ' as gate uy Honour orer all tlie 

* World. 

. « The Cdmtfiolis wottdering at thefe Evilsj ^- 

* bating of theCfiiUfe^j found thatthey Were many^ 

* dt^wn tikie Lines to oHe Centre ) and ineetihg 

* all '«i otie great Man, as the Cau(b of all, whom 

* I am here commanded to name^ that iS, Tie 

* Duie df Buciinghanti 

^ Here h« made a Paufe, arid the Preamble of 
the Duke of Buckingham's Titles being read, all 
enumerated) at large^ as they are fet ddwn in the 
Rolls, vfei 
-^ ' Geoi»ge, Duky Maf^u dhd Sarhf Eack*^ 

ingham. Earl of Coventryj VifcoAnt Villie«s Ba^ 
ron ^ Whaddon \ Gr4(tt Admiral of thi Kingdoms 
of England ^nd Iiekndy and tf thi Prindpakty vf 
Wales, and 9f the D^inim and tJMds 4f tie 
farne^ of the Town ef Calais and of the Matches 
of the fame, and of Normaodf , Gafcoigil, and 
Guienne ; General Governor of thi Seas and Shipi 
»f the fdd Kingdoms \ Lieutendnt-General, Admiral^ 
Captain-General and Governor ef his Msjtflfs 
Royal Fleet and Army lately fet firth ; Mafier of the 
Horje of our Sovereign Lord the King ; Lord War^ 
den^ Chancellor, and Admiral ef the Cinque-Ports^ 
and of the Members thereof % ConftahU of Dover 
Caftle ; Jufiice in Eyre (f the Forefts and Chafes $n 
. this Side the River Trent j Genftable ef the Ca/ili 



PfENGLAND. 4^ 

«f Windfor 5 GintUman of bis MaMy's Bid- Cham- aq« ^CMi^t 
ber J one of his Mtgejlfs moft fiomurable Priuy-^ ifia«. 
Council in bis Realms both in Englaod, Scotland> 
and Ireland ; and Kmgbt of the moji NMe Order 
of the Gar ten 

He then proceeded thus to lu8 Second Part* 

My. Lords^ 

THE lofty Titles of this .Mighty Prince 
doth raife me higher:— rt— And now, to 
fpeak with a Paulo majora utmunus^ Icjt it not dif- 
pleafe your Lordibips, if for a Foundation I 
compare the beautiful Compofition, and fair 
Struaure of this Monarchy and Common- 
wealth wherein we live, to the .great Work of 
God, the tVorld itfelf^ whepsin there is the 
folid Body of incorporated Earth and Seas, wbidi 
I conceive in regard of our Huibandry, our 
ManufiaAure and Commerce by Sea and Land, 
may well refemble us the Commons, 
• It is encompafled with Air and Fire, «k1 
Spheres Celellial, of Planets and a Firmament 
of fixed Stars J all which receive their Heat, their 
Light, their I^ife and Luftre, ffom one groat . ^ 

glorious Sun, even like the King our Sovereign 
Iirord> ■ 1 :. ' i 

y That Firmamenit of firnd Scars I take to be 
your Xordihips ; the Planecsy l^e great Officers 
of the Kii>gdom ; that pure Etement of Fire, 
to be the-moftreligiousand pious Clergy; the re- 
verend Judges, Ma^rates and Minillera of Law . 
and Juftice, to be the very Air wherein we 
brattbc \ ail thefe encompaffing Tound, with 
cheriihing Comfort, this Bo4y of the Commons } 
who dQ» In Truth, labour for them ail ; and 
tho' they be the Footftool and the loweft, yet 
may they truly be faid to be the fettled Centie 
of the State. , 

^ Now,' my good Lords, if this glorious Sun, 
by his powerful Beanas of Grace and Favour, 
ihall draw from the BoVrels of this Earth an 

• Ex- 



48 The Parliamentary Hi s Ton r 

An. 1. Charles I. * Exhalation that fliall take Fire, and burn, and 
i6a6, < fhine out like a Star ; it cannot be marvelled at 

* if the poor Commons gaze and wonder at the 

* Comet; and, when theyTecl theEfFedls, ini- 

* t)ute all. to the corruptible Matter of it. 

* But if fuch an Apparition like that in the laft 

* Age, m the Chair of Cafftopeia^ happen amongft 

* the fixed Stars themfelves ; where Ariftotle^ of 

* the old Philofophers, conceived there w^s no 
*. Place for fuch Corruptions ; then, as the learned 

* Mathematician^ Were troubled to obferVe the ir- 

* regular Motions, the prodigious Magnitude of. 

* ominous Prognofticks of that Meteor: So the. 

* Commons, when they fee fuch a blading St^r in 

* a Courfe fo exorbitant in the Affairs of the 
« Commonwealth, cannot but look upon it ; and, * 

* for want of Perfpeftives, commend the nearer \ 

* Examination to your Lordfliips, that may be-' 

* hold it at a better Diftance.— Such the Commons 

* apprehend the great Duke of Buckingham to bp j 

* againft whom and his Ways there afe, by learned 

* Gentlemen, legal Articles of Charge to be de- 

* liVered, which I am commanded firft to open 

* generally/ 

Here he began the Char oK, 

* rry H E Offices Of the Kingdom that afe the 

* X %^5» ^^ Ym^^ the Hands of the Com- 

* monwealth \ How have they been engroffed^ 

* bought and fold, and many of them held in his 

* own Hand, which in former Ages feverally gave * 

* fufficient Content to great Favourites, and were ' 

* Work enough for the wifeft Counfellors ? 

* By Means hereof there have enfued infinite 

* Negledts : — The Seas unguarded ; Trade di- ' 

* fturbed } the Ships, even one of the Royal Ships 

* delivered over into Foreign Hands, and employed 

* .to the Prejudice, almoft the Ruin> of our Friends ' 

* of our own Religion ! 

* For Hoiiours, thofe moft precibuil Jewels Of 

* the Crown, a Treafure ineftimablc, wherewith 

- « ycntf 



Of ENGLAND, 45) 

your Anceftors, my Lords, have been rewarded ^'^'^g*'^**'* 
for tbeir eminent Services in the Commonwealth 5 
and for Exploits abroad, when in Blood and Duft 
they fweatfed for the Service and Honour of thiar 
Realm : What Back- waywnd Bye- ways have not 
been fince found out ? Whereas, an tiently, it was 
the Honour of England^ asiamongft the Romans^ 
that the- Way to the Temple of Unour was 
through the Temple of Virtue, But I am com-' 
manded to prefs this no further than to let your 
Lordfhips know, that an Inflance may perhaps 
be given, of fome one Lord compeUed to pur- 
chafe Honour.' » 

And here he ended with this Second Part. 

.'■ ■ ■ • ■■ . ■ . 

The third was exhaufting of the Revenue ; of 
this he'fpakb little, but left it all to the Party to 
whom it ieas'afligned, (who indeed handled it 
fully and foitibly^ and then went on thus : 

' rTpHE. laft Part'of the Charge, my Lords, 
' X ^^^^ is prepared,' will be an Injury offer'd 
' to the Perfon of the late King, of bleffed Me^ 

* mory, that is with God ; of which, as your* 

* Lordfliips may have heard heretofore, fo you 

* fhall anon have further Information : But, upon 
^ this Occafion, I am commanded by the Com- 
^ mens CO take Care of the Honour of the King 

* our Sovereign that now lives, (and long may he 

* live to our Comfort and the Good of the Chrif- 

* tian World ! ) as alfo his blefled Father that is 

* dead) on whom, to the Grief of the Commons 

* aiid' their Diflike, the Lord Duke they conceive 

* did unworthily caft fome ill Odour of his own 

* Ways ; whereas antienily Servants were wont 

* to b^ry as indeed they ought, their Matters Faults, 

* and not to caft their own on them undefervedly, 
* It is well known the late King, now with 

* God, had the fame Power and the fame Wifdom 
^ before be knew this Duke, and, I add, the fame 
^ ASediions too ; by which, as a gbod and gracious 
i Mailer, he advanced and raifed fome Stars in 

Vol. VII, D « your 



1626. 



Mr. Herbert's 
Speech in Sup- 
port of the firft 
Article. 



50 7h$ Parliamentary Hi s TO R t 

your liordftiips Firmament, in whofe Times 
this exorbitant Will, thfe tranfcendent Power, 
this placing ^nd difi^iog O0iccrs, this irregular 
running into all the CoUrfes of the Planets, this 
fole and lingular managing of the great Affairs 
of State, Was never heard of ! 
^ So that, to my Lord Duke and his Procure* 
ment and Mifitiforoiatbns thefe Faults com* 
plained of are, alone, to be imputed. 
* And for oinr Sovereign that now Kves^ whofe 
Name h^ been ufed and may be forjuftifica- 
tion i 9ft well know that, amongft his Majefty's 
Royal Virtues, ; his Piety unto his Father hath 
made him a pious Nouriflicr even of his Affec- 
tions to my Lord Duke ; in whom, out of that 
Confideration, he hath wrought a kind of Won- 
der, making Favour hereditary ; but the Abufe 
of it muft be my Lord Duke's own, and the 
Mifinformations his, if there have been any Coiti- 
mandsat all that have procured them : — For the 
Laws of England have taught uis, that Kings 
cannot command ill or unlawful Things when 
they fpeak even by Letters Patent ; if the Thing* 
be evil, thofe Letters Patent are void ; and' 
whatfoever ill Event fucceeds, the Executioner ' 
of fuch Commands muft anfwer for them. 
' Thus, my Lords, I have been long troubte- 
fome ; but think It now high Time to cmvr 
your Pardon; and make way for a learned' 
Gentleman to begin a particular Charge.* 

Then the Lord ChamberTaln made his Report 
of Mr. Jtierberfs Speech, at the faid Conference, in 
this Mafiner, viz, , 

My Lords ^ 

* T Will not wafte a-Momentof your 'Lordfltips' 

* i Time with any Apology for myfelf ; -I hive 

* it in Charge to deliver the Truth of Fadls, the 

* Weight, the Danger, the Inconvenidncy of the 

* firft Parts or Articles of the great Declarations' of 

* Impeachment againft the Duke of Buckingham^ 

* whereof your Lord&ips have heard the igeneral 

•^Heads 



/y E N G L A K D. 51 

* I xlo this, to read the Articles, >^**- 

Here he read che Pregmble to the Cbirge, and 
the firil Article thereof, as follows: 

pORthe fieedy Rednjs of great Evils '^^^^i/- the Commons 

Mifibjiefsy which this KingQom ^England mw grie- impeachment a- 
voujly Miretby and of lat^Tears hathfufered j ^nd^^^ ^ 
to the ffotmr and Safety. 9/ our Sovereign Lord the * 8 • 
King9 and of bis Crown and Dignity ; and $0 the 
Good and IV^lf are of bis People: The Commons in 
thispre/ent Parliament^ by thie Authority of ourjaid 
Sovereign Lord the KiHg^ affemblid^ Doj by this 
their. ^iJJ^ Sew .<m4 djtlare againji Geoige, £s^r. 
[as before'] fh^ Mi/demeanors^ Mijprifipns, Ojinees^ 
CrimfSy iani pfber Matter s^ comprifed in the Articles 
following i find him the faid Duke do accufe and itrt-. 
peach tf tit faid Mijaemeanots^ Mijpriftons^ Of*. 
fences and Crimes, . 

I. Thfit whereai the Great Ofices^ ikprejfed in the ■ -^ 
faid Puke^s Stile and litle^ heretofore have been she 
fingular Preferments of Jeveral Per fins ^ eminent, in 
Wifdom and ^rujl-, and fully able for the weighty • 
Service,^ and ^^^^^^ft Employments of the State % 
whereby the laid Offices were both carefully and fuf- 
ficiently executed by feveral PerfinS^ of fuch Wifdom^ 
Trujl^ Ortd Ability t And othets alfo^ that werf em- 
ployed by ihe Royal Progenitors cf our Sovereign Lord 
th King in Plates of lefs Dignity ^ were much encou» . 
raged with the Hopes of Advdncentent, And whereas 
divers of the faid Places^ feveraUy of thimfelves^ and 
neceffa¥ily^ require the whole Cate^ InMry^ and At- 
tendance of a mofl proijidenty and fnoji able Per/on: 
He the laid Duki^ being ydi/hg and une^cperiencedi 
bathy ^ late Teqrs^ with exorbitant Ambition, and 
for bis own Prcfit and Ad^janiage^ procured and in* 

f rolled into his ozvn Hands the [aid feveral Offices % 
dth U thi Danger of the Siate^ the Prejudice of 
t^tit Service which fhould have been performed in 

^ a ibem 



1lf6ft6. 



ja The!Parlidmentary History 

hMu%.CStaAtn\.tbimrand to the great Difcouragement rf others % 

"*'^* whoj by this procuring and ingrojfing of the /aid Of" 

ficeiy are precluded from facb Hope$^ as their Vir^ 

tuis^ JbiHties^ and public Employments might other- 

wife have given them. 



And then he proceeded: 

* In this fo great- Power gotten, with exorbi- 
tant Ambition, into a young and unexperienced 
Hand, for particular Profit, your Lordfliips do 
obferve the Commons fenfible of the Danger and 
the Prejudice, to the Performance and Execution 
of the Offices; and the Difcouragement of others, 
by whofe Virtues and Abilities and Employments, 
there might have been a better Execution. 

* My Lords, For the Danger j when theCommons 
had fallen into a careful Confideration of the Good 
of the Kingdom, and the Safety of his Sacred Ma- 
jelly ; when they had but entered into this, they 
had a Reprefentation made unto them of the 
Imminency of the prefent Danger wherein them- 
felves, your Lordfliips, and hisMajefty, were 
involved ; for the Prevention whereof a large and 
fpecdy Relief and Contribution was moved : This 
Danger was prefs'd to an Appearance of being fo 
true and fo near, as it wrought upon them, firft, 
to the inverting i conftant Order in their Houfe, 
of declaring an Intention of giving in the Begin- 
ning of a Seflion, which they had never ufed to 
do bur in the End ; and, in the next Place, it 
made them exiend the Meafure of their Gift, at 
leaft, to the uttermoft of their Abilities {b). 

' If the Danger of being found unprovided, 
(which was faid mult be, without a Contribution) 
by a potent and provok'd Enemy, were thus 
great ; it could not Ijut be an extreme Danger to 
his M^jefty and the Kingdom, that fo much of 
the Power, the Strength, the Ships, the Forts, ' 
the Rivers of the Kingdom fhould be found, 
by a mighty arid enraged Enemy, in an unex- 
perienced, and therefore in an unfufficient, Hand,; 
and this Danger feemed multiplied, wbei^, in a 



(h) Sec Vol. VI, P. 440, &€, 



fad 



i 



0/ E N G L A N D. j^ 

fed DMqUifitfon of the Caufes of the Ills wider ^*;^^'' 
which the Kingdom fuffered, they had found this ' • 
too great Power, in fo unfit a Hand, was amongft 
the principal Caufes of th^t fo near and fo great a 
Danger. In this vaft Power your LordQiips will 
obferve this unfortunate Complication of Danger 
and Mifchief to the State j that, by this too great 
Power, the Duke hath too much Ability, if he 
be falfe, to do Harm, to ruin the Kingdom ; and 
too little Ability, if he be faithful and never fo 
induftrious, to do Good ; being divided amongft 
fo many great Places, whereof every one woiHd 
employ the whole Induftry of a provident, an 
able, and an experienced Man. 
* My Lords, For the Infufficiency of Performance, 
or the Prejudice of the great Service of the State, 
that (hould be in tbefe Places, it may well ap- 
pear ; if, from a running and curfory Survey of 
the Compafs and Latitude of fo great. a Power 
and fo many Offices, your Lordfhips obferye an 
Impoffibility of juft Performance, by one fuch 
Hand :— — The Command of the Strength and 
Walls of this Kingdom (the Shipping) each one 
being a Royal Fort ; to the faithful Keeping of 
which, a Truft as high as Allegiance hath been, 
through a Succeffion of moft renown'd Princes, 
by Law annexed ; the Breach \vhereof hath been 
Treafon : And with this (the Keys and Ports of 
the Kingdom) befides the moft neceflary Atten- 
dance on his Court-Places, the immenfe Care 
of a Counfellor of Eftate of three mighty 

Kingdoms : 1 (hall mention no more of his 

great Titles for the Difcouragement of others. 
Iftall decline to confider that as a Theme or 
Subjedl: of Learning, wherein it would be hard to 
be fhort : I (hall only prefentit as the Senfe of 
the Houfe of Commons, (the well-examined and 
meafured Senfe and Apprehenfion of the general 
Body of the People) after a ferious and deliberate 
View of the State of the Common- Weal ; and 
in this Contemplation it will have Weight with 
your Lordlhips. 

D 3 « When 



J4 T^^ Parliamentary Hi stojl y 

llii.».C*arlfcjl, * When your Lordftiips have fcch thexDaitga*, 
^*^* • the Differvicc, and the Difcouragemcnt Of this 

* great Power ; I am commanded to read the Ar- 
^? ticles of buying the two great OflSccs of Adioiral 

f and Cinque Ports} that ihe w it to be, beiides too 

* great a Power, an illrgotten Power, 

Then he read the fecond and third Articles- 

IL JP'hereaSy by ihe Laws and Statutes of this 
Rngddm ^/England, if any Per fin whatfiever^ give 
or pay dny Sum ef Money ^ Fee^ or Reward^ dinSf'- 
hf or indire^ly, for any Offite or Offices^ which in 
any wife to'uih or contern ihe Mminijiration or Exe^ 
^ution of Jujlkey or the keeping of any (fihe King^s 
Majejifs TownSy Ca/lleSy or FortreJJes^ being ufedy 
occupied^ 6r appointed for Places of Strength and 
Defence : The fame Perfon is immidiatefy^ upon tha. 
fame Fee^ Money ^ or Reward^ given or patd^ to it 
. adjudged a difabki PerfoH in Law^ to alt Intents 
and Purpofes, to hdue^ dtcupy^ or enjoy the fdid Of- 
fee or Offices J for the which he fi giveth or p^eth 
any Sum of Money ^ Fie^dr Reward; let hethefaid 
Duke did^ in or about the M^nth ^January, iti the, 
ftxteenth Tear of the late King James of famous Me^ 
' mory, give and pay to t^he £.'ght Honourable Charles, 
, ^ then Earl of Nottingham, for the Office of Great 
Admiral of England /2>f^/ Ireland, and the Princi^ 
pality of Wales, and for the Office of General Go- 
vernor of ihe Seas^ and S^ips of the /aid Kingdoms^ 
and for the Surrender of th^ faid Offices^ then made 
to the faid King by the faid. Earl of Nottingham, 
being then Great Admiral of the faid Kingdoms and 
Principality of Wales, and General Governor of 
the Seas and Ships ; to tl)e Intent the faid Duke might 
obtain the faid Offices to his own Vfe^ the Sum of 
3000 /. of lawful Money of England : And did affo 
about the fame Time procure from the faid King a 
further Reward^ for the Surrender of the faid Office 
tp the faid( Earl^ of an Annuity of 1000 /. per An- 
num, for and during the Life of the faid Early 
4nd by the Procurement of the faid Duie^ the Jaid 
late K^ing^ of famous Memory ^ did^ by his Letters. 
" ' ^ ' ' Pat^nu ' 



qr E NG L A N I>4 3S 

umk Xea^ (fbis R^ign, mdfirih^ Gre^Ssal tf En- '?*?• 
glands graift H the faii EomJ thejaid Jhmity v wf>kh 
bey thehii EarU ace^r^gb A?^ W et^oyed^ during 
bis Id/ey and by reqfm ^ tbe Jmd Sum of Money 
fo as qffrejiid paid by the faid Duke. And m this 
the jaid Duke's Prgeurment of the faid Annuity^ 
the faid E^rl of Nottin^m did^ in the fame 
Montby furrender unto the faid late King bis faid 
QffictSy and his Patents of them ; and thenupon^ 
and by. reafon of the Premijfes^ the faid Offices were 
obtained by the Duk^ for his Life^ from the faid 
Kingi of fmous Memory^ by Letters Patents made 
$^ the faid Dukiy rf tbe fame Offices^ under the 
Great &eal of Epgland, dated the 2%th of January^ 
• i(> the faid fiKHet^b Year if the faid late King. 
And the faid Offices of Great Admiral and Governor ^^ 
as afatrepiid^ ate Offices that highly touch and concern 
(ht Admnifiratien and Exeeution of Ju/iiee^ within 
tbe Previfon of tbe /aid Laws and Statutes of this 
Kingd$tn\ the which notwithfiandingy tbe faid Duke 
ha$b unlawfully y ever fince the firft unlawful ohtain- 
img ^ the fad Grant of the faid Offices^ retained 
them nr bis. Bands^ and exeuifad them againfl the 
Laws and Statutes aforefdd. 

III. Tbe faid Duke did Hkewife^ in or about the 
Bwnning of the Month 5/^ December, in the twen- 
tyrfecond Year of the faid late King James, of/a- 
mus Mtmoryy give and pay to the Right Honourable 
Edward, late Lord Zouch, Lord Warden of tU 
Gufue-Ports and of the Members thereof anaCon^ 
ftahk ef the Caftk of Dover, for the faid Offices^ 
and for the Surrender of the Jaid Offices of Lord 
fFarAm of the Cinque- Per ts^ and Conflabfe of the 
faid Ca/ile of Dover, to be made to the faid late 
King 9 rf famous Memory^ the Sum of 1000/. of ^ 
lawful Mifn^ of England ; and then alfo granted 
an Annuity if 500 /. per Annum to the faid Lord 
Zoucb, for thi Life of the faid Lord Zouch ; to 
th§ Jntent that he the faid Duke might thereby ob- 
tain 



j6 The Parliamentary Hi s T o r t 

An* ». Charles I. /^« tie faii Offices to bis own Vfe! And for 9 
;j6a6. ^fii by reafon of the faid Sum of Money ^ Jo paid by 
the faid Duke^ and of the faid Annuity Jo granted 
to the faid Edward Lord Zouch, he the faid Lord 
Zoucb, on /*^4/A^ December, in the Year aforefaid^ 
did fiirrender his Jaid Office^ and his Letters Patent 
of them^ to the faid late King: And thereupon^ and 
by reajon of the Premijfes^ he the faid Duke obtained 
the laid Offices Jor his Life, of the Jaid late King^ 
fy his Letters Patents under the Great Seal of En- 
gland, dated the 6th of December, in the aforefaid 
Tear. And the Jaid Office of Lord Warden off the 
Cinque-Ports^ and of the Members thereof ^1$ an 
Office that doth highly touch and concern Admimjira' 
tion and Execution of Jujlice ; and the Jaid ' Offiee 
of Conjfable of the CaJile of Dover, /; an' Office 
that h'ghly concerneth the Keeping and Defence of 
the Town and Port^ and of the faid Caftle of Do- 
ver, which is^ and hath ever been ejleemed for a tnofl 
eminent Place of Strength and Defence of this King- 
dom ; the which notwithjiandingy the faid Duke hath 
unlawfully^ ever fince this JirJl unlawjul obtaining 
of the faid Office^ retained, them in his Hands^ and 
exercifed tbem againjl the Laws and Statutes afore-* 
Jaid. 



And of the fe» 
cond and third 
Articlts. 



* In ihefe Articles your Lordlhips obferve the 
Senfe of the Commons, both for the Unlawful- 
nefs and Inconveniency of the obtaining thofe 
Offices, and the Difability of holding them ; and 
firft, my Lords, the Commons declare the Duke 
wholly difabled to hold thofe Offices, and hath 
been fo from the firft Inftant of his obtaining 
them. 

* Of the Bane and Mifchief to the Common- 
Wtakh, by buying and felling of Offices of Truft 
and Judicature, in the general, your Lordfhips 
will hear much in a proper Place : I (hall therefore 
trouble your Lordfhips with little of that, aad 
nothing at all with^ any Point of Learning con- 
cerning it, or how it might be enlightened or 
t^xampled in Qther States. 1 will only obferve the 

' SetHe 



Cy E N G L A N D. s7 

Senfe and Underft^nding of Parliaments, that as An. 2.ChMtkai. 
this now before your Lordfliips is the Senfe of ^^^* 
the Commons in Parliament ; fo yoar Lordfhips , 
may be pleafed to obfer ve it to be the Senfe not of 
the Commons alone, but of the King and Lords in 
former Parliaments, how baneful, how deftroy- 
ing a Mif<;hicf the Buying of Offices is. The 
exprels Law of 5. Edw. VL that difables the Duke 
to hold thefe Offices, was grounded upon this 
Foundation, that the Buying of fuch Places doth , 
necellarily introduce corrupt and in fufficient Of- 
ficers, to the Ruin and Subverfion of the Founda- 
tions of the, public Good. In the Parliament of 
12 Edw. IV. there is a Declaration of Angular 
Note : It is there declared j and by the whole Par- 
liament, That thofe, who thus unlawfully buy 
their Places, do (thefe are the exprefs Words) 
enforce themf elves to be Extortioners and Offenders i 
as if they apprehended it warrantable, or as if there 
lay an Obli^tion upon them, that if they bought- 
they (hould fell again. ,ThQ Inltance here is 
Law, if your Lordfhips confider the Offices be- 
fpre you ; and it is very right to carry the Senfe of 
that Parliament to buying Offices of fo high a Na- 
ture, as the Cuftody and Command of the Strength 
of Walls, and Keys and Ports, of the Kingdom : 
For tho' a Difference might be conllitutcd 
betwixt the Buying of ordinary Places ; yet the 
Buying of thefe (which is a Beginning of the Way 
to fet a Price upon the Truft and Command of 
the Walls, the Gates of the Kingdom) needs 
rather a round and fpeedy Remedy, a quick and 
weighty Judgment to make it exemplary, than 
any Enforcements to Ihew the Mifchiefs of it, 
* Your Lordfliips have thus feen the Dangers 
and Inconveniences, whereof the Commons ap- 
pear fenfiblc, particularly in thefe feveral Articles ; 
and your Lordfliips may obferve, that tbo' they 
are not prefentcfd under the Niames of Crimes and 
Offences, nor thofe Names mentioned in the 
fpeaking of them ; and \that becaufe they are not 
. againft any particular |^aw/, which dengns any 

* Penalty 



Aflkt.oiurk»L« Penalty for thetiii other than hath been faMftortv 
*^*^* • fuch Ground as ordinarily the Name of the Of- 

* fence grows ; yet they may be juftly ofiered as the 
-^ Roots and Caufes of the great following Crimes ; 
•^ and even iu)w'tbey hold fo much of the Nature 

* of an Offence, that, as particulaf ordinary Of- 
^ fences are therefore fb, becaufe they break and 
^ fubvert fome particular Law ; fo thefe, asi £»* as 

* they fubvert the Good and Welfare and Safety 
>* of the People, fo far are they againft the high^ 
^ Law, and afiume the Nature of higheft Offences : 
^ And, my Lords, the Welfare and Safety of the 
^ People and State is the fupreme Law \ thus they 
^ are fit for fo great a Council as the Commons of 

* England to declare ; and fit for fo great a Power 

* as your Lordfhips have, to judge. \ 

• Now befides thefe, if your Lordfhips fhall find, 
t out of the following Parts, that the Duke kath 

* broken his Duty and Truft in not guarding the 
'* Seas, and fuffered Infeftatipn of our Coafts ; if he 
«< hath unjuftly ilayed the Ships, and feiaedf the 

* Goods of other Nations ; if he hath, by coJour 

* of his Place, for his own Profit, ftaycd owr Ships, 

* extorted from our own Merchants, and inter- 
.^ rupted our Trade ; if he hath delivered, contrary 

1 to the Duty of his Place, our Ships to foreign 

* Nations : Thefe will be more than Arguments ; 

* they win be particular Demonftrations of too 

< dangerous a Power, and in 'too unfit a Hand. 

* The Weight and Dangers your Lorcjfhips hare 

< fcen ; and the Truth of the Fafts will appear, in 

* every Particular alledged, by thefe Proofs, which 

^ I am commanded to oifev unto your Lordfhips. 

» 

%Tpe Proofs /ir Plurality (f Offices and 
Buying of the Admiralty, and the ViTAfe* 
p,EKsHiF of the Cinque Ports. 

PLURAJ.ITY $f Offices. 
< TJje Patents prove this.. 

Buvi^Q 



Of E N G L A N D. S9 

Buying ?f /*^Admir alt v'^ Places wit!*^'**^^]^^ 
3000 /. and a Benfim of lOCX) /. out of the l^ngi 

CuftomU 

« 

' The Fad proved, i. By the concurring Re- 
^ cords of the Earl of hlouingbam's Sunender and 

* of the Duke's Patent. 

2. * By Sir WiUiam Mounfon^ that the Lady 

* Nottinghak faith, the 3000 1.. was paid, and the 
^ 1000 1. Penfion out pf the Cuftoms granted, on 
' that Confideration. 

5. * By Sir Robert Pye and Mr. Rotberby^ that 
^ the Money was my Lord Duke's own. 

Buying /if Wardensh[ip^//A^CinquePokt8. 

1. ' The &uke (aid before both Houfes, that he 

* bought it. with his Money. 

2. ' Mr. Rotberby confiriped it, both for the Mo- 

* ney, and for the Annuity of 500 1. per Annum. 

3. ' Sir John Bacchus faith. That the Lord Zouch 
^ acknowledged to have had |ooo 1. and 500 1. An- 

* nuity; as alfo, that Capt. John Bawier, Mr. 

* Samuel Moore^ and one Hibbins\ Mailer of my 
^ Lord ZoucVs Horfe, told him as much. 

4. * Sir Edward Pt^nings faith, That my Lord 
f Zoufb told him as much.' 

Then the fourth Article was read as follows : 

IV. Whereas th^faid Duie^ by reafon of bis fdd 
Offices of Great Admiral of the Kingdoms of En- 
gland and Ireland, and of the Principality 4/* Wales, 
(indrf the Admral of the Cinque Ports, andGene- , 
ral Governor of the Seas and Ships of the faid King* 
domSy and by reafon of the Truft thereunto belonging^ 
0ight ^t all Timesy ftnee the faid Offices obtained^ ta 
bave frfriy gmrdea^ iepty and preferved the Jaid 
SeaSf and the Dominion of them ; and ought alfo^ 
whei^foever th^ warned either Men^ Ships^ Muni- 
tion^ or other Strength whafoever^ that might con-- 
iuce to the better Safeguard of tbem^ to have ufed^ 
front Tim( to 7ime^ hi^ utmofl Endeavour for the 
^' ' ' Supplyt 



(Jo The Tarliamentary Hi s T o r r 

. An, 2XhitUMh Supply of /uch ff^ants, to the Right Honourable tie 
^■^^* Lords and others of the Privy-Councii^ and by pro- 
euring fuch Supply from his Sovereign, or otberwife : 
He the [aid Duke hath, ever ftnce the Diffohitim rf 
the two Treaties mentioned in the A5f of Subjidies of 
the twenty-firji Year of the late King James, qffa^ 
mous Memory, (that is to fay the Space of three Years 
hfi'paji) negk^ed the juft Performance of his faid 
Office and Duty^ and broken the faid truji theretuitb 
committed unto him > and hath noty according to bis 
faid Offices^ during the Time aforefaid, fafely kept 
the faid Seas : Infomuch that by reafon of his Negle^ 
and Default therein, not only the Trade and Strengih 
of this Kingdom of England hath been, during the 
faid Time, much aecayed ; but the fame Seas alfo have 
been, during the fame Time, ignominioujly infejled 
by Pirates and Enemies, to the Lofs both of very many 
Ships and Ooods, and of many of the Subje^s of our 
Sovereign Lord the King ; and the Dominion qf the 
faid Seas (being the antient and undoubted Patrimo- 
ny of the Kings of England) is thereby alfo in mofl 
imminent Danger to be utterly loji. 

The Earl of Dorfet made his Report of Mr. 
Selden*s Speech at the faid Conference, in Manner 
following, viz. 

ii/ir. SfHen'« * A ^ter thc Duke's Difability {hewed, and the 
Speech upon the < XJL unjuft executing of thofe Offices, efpeciaUy 
^rih Article. € that of Great Admiral of £»^/(7«rf and Ireland: 

* Yet that, tho' difabled by Law to retain them, 

* ftill, becaufe he fo bought them, he was bound 

* juftly to execute them, fo long as, de fa£fo^ he 

* detained them. 

. * That, by his Patent, he is made Magnus Ad* 
^ mirallus Angliee, Hibernia, Wallia^ Normaniae^ 

* Aqwtania, Villa Calefts ^ Marchidrum ejufdem^ 

* ^ Prtefe^us Generalis Claffium & Marium ^e^ 

* torum Regnorum. 

* The Seas of England and Ireland are comrriit- 

* ted to him, as being a Part of the Demains and 

' Pof. 



0/ E N G L A N D. 6i 

Poffeflions of the Crown of England \ not as ifAn.».Charletl. 
he (hould thereby have Jurifdidion only, as in i^u^ 
the cafe of the Admirals of France and Spain. 

* This might be proved varioufly by Teffimo- 
ni^s of our own Nations, but efpecially by an 
Acknowledgment of the Procurators of all, or 
moft, of the maritime Parts of Europe^ remain-- 
ing to this Day in the Tower : This was made 
under Edward I. 

' Thofe of the States of Genoa <, Catalonia^ and* 
other Maritime Parts of Spain ; the Sea Towns' 
of Almaine^ Zeland^ Holland^ Friefiand, Denmark^ 
Norway^ and other Parts of the Empire, fliew, 
that the Kings of England^ by reafon of their faid 
Realm, have ufed. Time out of mind, to be in 
peaceable Pofleffion, and are fovereign Lords of 
the Seas of England and of the lilands belonging 
imto them. 

* And tho* that Hollander [Hugo Grotius] wrote 
of purpofe to deftroy all Dominion in the vaft 
Ocean^ yet he fpeaks nothing againft the Domi- 

' nion of our Englijh Seas, (however. he hath been 
mifapprehended) but expreily elfewher^ fay$, that 

Mita britahnis 
Littofa fiint alits, 

* The utmoft Limits of the Dcmains of the* 
Crown of England are the Shoars of the neigh- 
bouring Countries ; the whole Sea, or the 7erri^ 

. torhifu Marinum that intervenes, being Parcel of 
the Pofleffion of the Crown. 

* The Keeping and Safeguard of thefe Seas com- 
mitted to the Lord High Admiral, by the Names 
of Prafe^us Marium fef Admirallus^ which were- 

: both the fame antiently. 
' Before the Word Admiral came in, (which 
was under Edward L) the Admirals had the 
Titles of Cujtos Maris ^ as, in Pari. 47. Hen* 
ry in. Thomas de Molefon^ Capitaneus tsT Cuftos 
Maris. And Hugh de Crequer was Cujlos quinque 
Portium Maris in Partitus illisi which is the 

* fame 



AIUft«Chir]e«i« 



(5i "The TariiameHtary Hi s f Q r ir 

fame as Admiral of the Cinque Ports to this Day^ 
Prafe^us alio denotes as much in Prafi&us M- 
gy^ij UrUsj Vt. 

^ The Safeguaiding of the Seas hath, from an* 
.tient Time, been fpecially undertaken by the 
Kings of diis Realm, and committed generally 
to none elfe but the Admirals. 
* And tWs PrafeHura^ or Cuji^dla^ or Office of 
fafeguarding the Seas, binds him to all Care and 
perpetual Obfervancc of whaifoever conduces to 
that Safeguard v as in Cujlcs SigiUi^ Cuflos Mar- 
iUarum^ Cu^s Perwumy Cu/bftC^rmtaiuutHj a- 
grceable to thePraftic^ of former Times. 
t. ' In certifying yearlyj- at leaftj to the Kitig 
and his Council, the iblany Forces, both of ffae 
King's Ships, andShips of Metchaists ; the Names 
of the Owners, and Number of Mariners, d^r* 
fo that the King and his Council may always 
know his Force by Sea* 

1; * In fhewing Want of Ships, >£sfr. yearly for' 
the fafeguardmg of the Seas^ -with the EftimateoP 
the Supplies, diat fo they might be procured, 

3. ' In their peffoual Attendance upon the Ser- 
vice of guarding the Seas, upon all Occafions ol^ 
Weight. In 7 th Henry IV. Nicholas Blackbornii 
and Richard CRderoe^ one of the Knighis for 
Kent^ were made Admirals for keeping of the 
Seas : Upon Confideratioti had of it in Parliament^ 
the other Knight, being Robert CUfford^ it was 
agreed in Parliament, that be ihould haVe the 
Voices of both, becaufe Cltdero muft of heceflity 
beabfent : And they both, amongft other Things j 
petitioned the Council, that if the King, in hi^ 
Perfon, (hould come on the Sea, they might ^hav^ 
fuch Liberty to wait upon him, as that they 
might make their Lieutenants during the Titii^ 
for the Service of their Places 5 but the Councih 
that allowed the reft, or molt of tlieir Demands^ 
anfwered to that, Le Cmjeil ne le pent /aire. 

4. ' And fo in preferving the Pofleffion que tAd^ 
miral di la dit Men depute par ie Rcy (tJngk' 



C>^ ENGLAND. 6^ 

^ terre^ tt tcutes fes autres Admirals par mifine ce- An. ^chtrlMl* 

' /iry Roy d'Angleterre^ tt frs Ancejires jades Ra^s ***^ 

' d' Attgleterre^ ejftnt dettre en paijibie PoJfeJJion deia 

' dit Sovereigne GaU^ and had cxercifcd Jurifdic- 

' tion in all Cafes, faving where there was Appeal 

^ from them to the King, and de Surete prendre de 

c la p**** (c). 

* The particular Neglcfts of his Duty. 

1. ' In not certifying the Ships, Mariners, ^c^ 

* fo that the Force of the Kingdom and the State 

* of it may be known. 

2. * In not fhewing the Want of Ships, Men, C^r . 

* nor procuring Supply for any Wants of them. 

3. * In no perfonal Attendance. 

4. * In not preferving the Pofleffions of the Sea, 

* nor taking any other Care to prevent the Spoils 

* made by Enemies, as the Duty of the Office rc- 

* quires. 

* The Reply to two obvious Objfedlions. 

1. * That there is Want of Money. 

2. * That the Patent gives Leave to make Vice- 

* Admirals. 

* To the/r/?, That his Power hath been fo great 

* in procuring vaft Sums, both in the Revenue of 

* the Cfown, ind of whole Sums in grofs, (as ap- 

* pears in a followbg Article) that he might alfo 

* for this Purpofe, which fo properly belonged to 

* his Office, have done the like ; and that moft of 

* the Cuftoms of Ireland^ and that of Poundage 

* there, and other Subfidies of that Country, beings 

* of their own Nature proper for the Defence of 

* that Kingdom and the Seas oif it, come yearly 

* thrd' hrs Hands ; tho* he pays a Rent of 60,000 1. 

* yearly, and has the half of the Profits taken there, 

* as alfo in that other Article will anon appear. 

* To 

(c) Thus farof tliis Quotation from the o\A. French Record, with 
lone Difficulty, we have made out pretty dear ; but the reft of it ia 
io maQgled in the copyings thro* the Ignotance of Clerks, that it 
is quite tmintelligibte: And, as a confioerable Part ot Mr. SiUaTl 
Spwch is omitted in 'JRuflymrtb, this P^flage could not be fupphed » 

/f i/m thence. 



64 The Parliamentary Hi s TO r y 

An.2.Charle8l. * To the fee ondy That the Power of Deputa- 
1626. * tion is, ut melius et commodius exequt pojftt Offi^ 

* ciumfuum ; and the Officers deputed by him are 

* appointed to be Jub fe necejfariiy idonei et op-* 

* portuni pro di^o Officio : So that whatfoever is 

* wanting in the fafeguarding of the Seas, is his 

* Default, while their Office is but the fame with 
' his, and at his Appointment. 

* And there is no Doubt but that his Power of 
' providing Supplies could not have been transfer- 

* red to any Deputies ; therefore therein his own 

* Perfon was ftill neceflary. 

' The Nature of the Offence may be, 

1. * The Confcquences that follow, by not 

* guarding the Seas. 

2. * The Complaints of like Nature, and Pu- 

* nifhment inflidled uoon fuch Kind of Offences/ 

* The Nature of the Offence by the Confequ^nts^ 

1. * The LolTes already {hewed. 

2. * The Prevention of Trade, which gives 

* Life and Increafe to the Wealth of the Kingdorn. 

3. * The weakening of the Naval Strength ; 

* for wbilft the Sea is fo kept, and open Trade is 

* fafely exercifed, the Naval Strength is in-i 

* creafed ; when not, that prefently diminiflies,. 
' the Merchants being fo difcouraged from their. 

* building Ships which they cannot ufe, £5*^.' 

' In 1. Ric, 2. the Commons opened the two 

* chief, and almoft fole, Caufes of the weakening 
« of the Kingdom at that Time : 

1. ' Negleft of Chivalry, or eminent Virtue 

* not regarded nor rewarded. 

2. * The Decay of Trade, fince the Navy was 

* grown weak.' 

* Befides all this, the Lofs of the quiet Poffelfion 

* of fo large a Territory, as the Seas of England 

* and Ireland ; by the free Ufe of which that an- 

* tient Greatnefs and Glory of the Crown of Eng^ 

* land hath fo conftantly fubfifted, 

« The 



6/ E N G L A N D. 65 

* The .Complaints of like Nature and Punifh-An.a.charksii 
ment infliaed.' '^'^• 

* This very Offence^ and thus committed by a 
Lord Admiral made by Patent, is not found ; 
therefore of the Cafe, every Way, we can have 
no juft Example/ 

' But amongft the Complaints againft Michad 
de la Poky Lord Chancellor ; one is, That in 
to. Ric, l\, certain Subfidies were given pro falvd 
Cujiodia Maris (as appears in the Roll) and the 
Money was fpent otherwife ; and the Seas left 
unguarded, whereby many Mifchiefs had hap- 
pened and were like to happen through Default of 
the faid Chancellor (d) : But the Cafe being, that 
fome other Lords of the Council had been parti- 
cularly trufted by the Parliament, together with ' 
him, therefore the Lords thought it not fit that 
he (hould be impeached par fii meftrie fans les 
Compagnom, &c. 

' In the Bill of Articles of Mifprifions and hor- 
rible Offences, againft tVilliam^ Duke, Marquis 
and Earl of Suffolk^ one is, Thar whereas divers 
Subfidies and Fifteens were granted for the Safe- 
guard of the Sea, he hath cauied great Part of 
the Revenue to be employed to other Ufcs and 
Diipenfes, not profitable to the King, or to the 
Defence of the Realm ; and the Safe-guarding of 
the Sea he had not kept, to the great Impoverifh- 
ing of the Realm. This Duke was Admiral^ 
not in his own. Right, but by reafon of the 
Wardfhip of Henry Duke of Exm^ who was a 
joint Patentee in the Office of his Father, and 
being. in Ward to the Duke, the Duke exerci fed 
it for about three Years before. The reft of the 
Articles In that Bill is for no Offence of a greater 
Nature ; and for thefe only, in this Bill, he was 
commanded by the King into Banifhment (^j. 

* The Punifhment of fuch as have broke their 
Truft in theit Ofiices, as Sneriffs or other Keepers 
of Prifons, upon Elcapes, ^c might be men- 
Vol. Vir. E * tioned: 

{d) See Vol. I. p. 398. (#) Vol. ll. p. 257, et feq. 



An. 2. Charles I. 
1626. 



66 The TatliamentaryHisTOKY 

tioned : A voluntary Efcape of a Felon, Felony ; 
a negligent Efcape fineable, ^c, 
' But rather to the Examples of Parliament- 
Law ; that is either done in Parliament, or al- 
lowed there for good Law : And the Lords pro- 
tefted, antiently, that they would proceed nei- 
ther by Common Law, nor Civil Law, but by 
Law of Parliament. 

' Nothing nearer the not Safe-guarding the Seas 
or loling the Pofleflion or Ufe of it, being the 
antient PoirelTion of the Crown, than the not 
Safe- guarding Towns, or Caftles, or Forts by 
them to whom they were committed. 
' Edward III. committed the Safe-guard of the 
I'own of Beruick to the Lord Greyjioci^ the 
King being in France ; the Lord Grqflock went 
thither to wait on him, and left a valiant Gentle- 
man, Robert de Ogle^ as his Lieutenant of the 
Town. While he was with the King, upon a 
fierce Aflault made by thofe of Scotland^ (where- 
in yet the Lieutenant fought bravely, and he 
himfelf with two of his Sons died in the Place) 
the Town being loft, the Lord Greyjiock was ar- 
raipitd. before John King of CajfjjJe^ (/) and 
divers other Lords, who adjudged. That becaufe 
he had ? Empire defoulement garder me/me la Ville^ 
fans party} de la fans Mandement de mefme le Rcjf^ 
and lo ihe Town fut perdue en Abfence du dit 
Baron, it was adjudged to have been loft in De- 
fault of him, and thereupon Jt^dgment was gi- 
ven againft him de Vie et de Membre, and that 
he (hould forfeit all his Eftate. 

* 1ft the lirft of Re, 2. the Commons defired 
that all fuch, as had loft any C^ftles by Default 
or without inevitable Compullion, fliould be 
queftionedbefoie the Lords and them, and to be 
punifhed by Aw;^rd du Baronoge^ kc, 

* jytlliam de JVejfon is acruied for lofing the 
Caftle of Outhrewith in Njrmandy^ comcnitted 
to him: He fhews how it was otten aflnulted, 
that he fent home for Reinforcements to the 

* Coun- 

{f) John of Gdunt, Duke of Lancafttr, 



0/ E N G L A N D. 67 

Council; could have none; anddefir'd it other-Aibs.chtrletIf 

wife^ but could have none ; and that at length *^*^ 

there was no confiderable Number of Perfons, 

nor any Colour of further Defence, and fo by 

common Aflent they were forced to render the 

faid Caftle for faving their Lives, &r. and that 

he had fpent a great Part of his own Eftateupon 

it alfo, and fo was the Cafe in Truth. 

^ But as in the Parliament upon the Cafe of the 

Lord Greyjiock^ fo they refolved that in this alfo, 

bccaufe William de IVeJlon had loft the Caftle 

fans nulle Durejfe ou Defaults de ViSfuals^ centre 

fa Ligeance, &c. he fhould fuffer Death, and be 

drawn and hang'd. 

* Thence it was, that the Lords Appellants 

II. Ric, II. conceived it was Treafon in the 

Appellees, that they had taken no other Care 

of fome Caftles and Forts in France committed 

to them, but that the Pofleffion of them were 

loft for want of fafe.keeping them ; but this was 

adjudged not to be Trealbn, though no Doubt 

can be but the Offence was very great.* 

Then the fifth Article was read : 
V. Whereas about Michaelmas laji pajl^ a Ship 
called the St, Peter of Newhaven, {whereof John 
Mallerau was Majler) laden with divers Goods^ 
Merchandize^ Monies^ Jewels^ and Commodities^ 
to the Value of ^o^ooo /. or thereabouts^ for the pro- 
per Account of Monfieur de VillieUrs, the then Go^ 
vernor of Newhaven, and other Subje^s of the 
French King^ being in perfect Amiiy and League 
with our Sovereign Lord the King^ was taken at Sea 
by fome of the Ships of his Majeftfs late Fleets fet 
forth under the Command of the faid Duke, as well 
by Dire^ion from him the faid Duke as Great Ad- 
miral of England, as by the Authority of the extra' 
ordinary Commijfton which he then had for the Com^ 
mand of the faid Fleet, and was by them, together 
with her faid Goods and Lading, brought into the Port 
of Plymouth, as a Prize among many others, upon 
Probabilities that the faid Ship or Goods belonged to the 

£ 2 Sut-, 



($8 The Parliamentary History 

An. 2. Charltti. Subje^s of the King ^Spain : And that divers Parceh 
i6z6. of the faid Goods and Lading were there taken out if 
the faid Ship St. Peter ; (that is to fay) i6 Bar- 
rels of Cochineal^ 8 Bags of Gold^ 23 Bags of Sil- 
ver^ 2 Boxes of Pearl and Emeralds^ a Chain ef 
Gold^ Jewels, Monies, and Cotnmodities, to the Va- 
lue of 20,000 /. or thereabouts ; and by the /aid 
Duke were delivered into the private Cujlody of cm 
Gabriel Marfli, Servant to the faid Duke ; ana that 
the faid Ship, with the Reftdue of her Goods and La^ 
ding, was from thence fent up into the River tf 
Thames, and there detained ; whereupon there was 
an Arrejl at Newhaven in the Kingdom of France, 
on the ^th of December lajl, of two Englifh A&r- 
chants Ships trading thither, as was alledged in cer* 
tain Petitions exhibited by fome Englifh Merchants 
trading into France, to the Lords and others of his 
Majejifs mofi honourable Privy • Council ; after whith 
{that is to fay) on the iSth of the faid Month j his 
Majefly was pleafed to order, with the Advice of Us 
Privy- Council, 7hat the faid Ship and Goods ^ BeUng" 
inz to the Subje^s of the French King,Jhould be re* 
delivered to fuch as fkould re- claim them \ and accor^ 
dingly Intimation was given to his Majejly^s Advocate 
in the Chief Court of Admiralty, by the Right Ho- 
nourable Sir John Cook, Knt, one of his Majefly* t 
principal Secretaries of State, for the freeing and dif 
charging the faid Ship and Goods in the faid Court of 
Admiralty : And afterwards, that is to fay, on the 
itth of January laji, it was decreed in the faid 
Court by the Judge thereof, with the Confent of the 
faid Advocate, That the faid Ship with what/oever 
Goods fo feized on or taken in her^ (except 300 Mexico 
Hides, 16 Sacks of Ginger^ one Box of gilded Beads^ 
5 Sacks of Ginger more^ mentioned in the faid De* 
cree) Jhould be clearly releafed from further Deten- 
tion, and delivered to the MajUr ; and thereupon 
under Seal a Commiffion was in that Behalf duly Jent 
out of the faid Court to Sir Allen Appelly, Sir John 
Wolftenholme, and others, for the due Execution 
thereof: Ihe faid Duke, notwithjianding the faid Of 
der^ Commiffion and Decree^ detained flill t$ his own - 



Of ENGLAND. 6^ 

Ufe tbefaid Gold^ Silver ^ P earls ^ Emeralds^ Jewels^ An. 2. charlcii. 

monies^ and Commodities^ Jo taken out of the faid '^*^' 

Ship as afore/aid : And for bis own ftnguhr Avail 

and Covetot^nefs^ on the 6/A j/" February lajij having 

no Information of any new Proof without any legal • 

Proceedings by colour of his faid Office j unjuftfy cau- 

fed the faid Ship and Goods to be agair{ arrejted and 

detained^ in public Violation and Contempt of the 

Laws andjujlice of this Landy to the great Dijlur- 

banc( of Trade j and Prejudice of the Merchants, 

■\ 

Upon this Article Mr. Selden obferv'd, * That 

* the Stayingjhe Ship 5/ Peter of Newhaven^ and T^e fifth Article 

* detaining great Part of her Lading, was againft fuppoitedbyMr, 

* the Marine-Laws of England: And, Selden, 

* That the fecond Staying and Detaining of the 

* Goods was againft the Common Law, againft 

* the Law of Merchants, and fo, by confequence, 

* of Nations ; all which he was to obferve. 

* Againft the Marine Laws of England. 

* By the Marine Laws ^agreeable to the Civil 
Laws) a Sentence, given for any Subjedl or other 
againft the King, may upon new Proof be re- 
voked ; but not without new Proof. 

* The Duke is made, by his Patent, a Judge of 
^11 Marine Cafes, as well as a Keeper of the Sea ; 
his JurffdiifHon to be excrcifed juxta Leges no/iras 
Civiles et Maritimas ; and accordingly to hear all 
Cafes emergent, and to proceed ex Officio^ mere 
mixta vel promoio^ fecundum Leges nojiras Civiles 
et Maritimas. 

* After Sentence given, the 26th of January^ 
without any Pretence either then ufed or fince 
offered, he commanded this Stay, without any 
kind of Proceeding according to thofe Laws. 

* By 2 Edward IIL Cap. 8. neither the Great 
Seal, nor Petit Seal, (hall be obeyed in De- 
nial of Common Right. And by 20 Edward IIL 
Gap, I. That ourjuftices do Execution aright, and 
according to Law, (as far as in them lies) with- 
out ktting to do fo for any Commandmeots or 

E •? ' ^ Let- 



70 7he Parliamentary Histohy 

An. 2. Charles I. < Letters, which may come to them from tlie King, 
i6i6, « Qj. fj.Qn^ any other, or by any other Caufe. 

• Againft the Law of Nations. 

* Againft what is agreed on by the League be- 
< tween us and foreign Nations, that the Subjects 

* of Nations in Amity with us (hall be ufed and 

* permitted without Moleftation, for what Caaile 

* or Occafion foever, according to the Laws and 

* Cuftoms of the Places where they then (hall be ; 

* and the Law of Merchants, to have celerem %- 

* Jtitiam. That there was not only bare Injuftice 

* to deny the juft Execution of the Decree in the 

* Admiralty ; but alfo a detaining of the Goods^ 
f to his own Ufe ; and fuch delivering of them to 

* his Servants fnot being bona peritura) as that nd* 

* ther could he have any juft Account of them, 
' nor the Owners, nor the King, to whom of 

* Right (being taken by his Command) they had 

* belonged, if they had been Spanijhj taken Jure 

* Belli. 

I. ' The Confequent of his Offence. 

II. * The Punifhment given to thofe of the 
like Kind. 

* The Confequent. 

1. Great Damage done to our Englijh Mer- 

* chants, that have fuffered by reafon of it in fo- 

* reign Parrs, as they alledge. 

* 2. Difcouragement to the Merchants that are. 

* fubjeci to the Marine Jurifdiftions. 

' 3. An Example that may ferve hereafter to 

* juftify all abfolute Authority in the Admiral^ 

* without Law or legal Courfe, over the Ships and 

* Goods of all Merchants whatfoever, and fo no 

* Security to Merchants. 

The Punifhment given to Offences of this 

Nature. 

* One of the Mifprifions and horrible Offences 

* againft IViUiam Duke of Suffolk is, That whereas 

' feveral 



0/ E N G L A N D. 71 

feveral Writs of Appeal of Murther had been fued An. 2. chi^ki L 
againft WiUiam lalbois by divers Women, an '^^^* 
Exigit upon one of them was dircfted to the 
SheriflF of Lincolnjhire ; but the Duke entreated 
the Sheriff not to execute ir, and procured alfo 
a Letter from the King to that Purpofe, and a 
Pardon to the Sheriff; and all this in exprefs Sub- 
verfion of the Laws. 

* And in the 3d Edward VI. in the Cafe of the 
Duke of Somerjetf after many Particulars recite* 
of the Offences, the taking to his own Ufc 
Goods piratically taken, and expreily againft the 
Order determined by the Lord Proteftor and the 
whole Council, whereunto his own Hand had 
been, for the Reftitution of them : (As this very 
Cafe is, where foreign Princes took Difpleafure at 
their Subjedls great Loffes, and to the Peril of 
breaking the Leagues and Treaties of Amity be- 
twixt the King's Majefty and the other foreign 
Princes, as their AmbafTadors here have plainly 
declared) This was brought as a great Addi- 
tion or Confirmation of the reft againft him, to 
be Treafon, and he by A6t of Parliament was 
adjudged to be a Traitor. 

Mr. Selden concluded thus: 

' And fo, my Lords, having gone through the 
'^ Articles committed to my Charge, and having 

* offered to your Lordfliips thefe Teftimonies and 

* Examples : By the fame Command that 1 have 
' fpoken, I leave them all wholly to your Lordfhips 

* Judgments. 

The Earl of Bridgewater made his Report of 
Mr. GA2«w7//s Speech, at the Conference, in Man- 
ner following, viz. 

My Lords, -The fourth Part of ihh Charge^ 

ivhich ivas delivered by a Gentleman of tht Houje of ' 

CommonSy falls to my Share \ and hecaufe your Lord' 

J})ips may remember it took up much Time when hi . 

fpoke before your Lordfoips^ I will not wafte more 

Time than needs I muji^ whilji I render unt^ you an 

Account 



y% The TarUatnentary Histok^y 

hn.z.Q\izx\tii,'^c^ount of that Charge which hathbeen^in ibis 5«- 
1626. Jinefiy impofid on me. 

In the Beginning of this Narration he told your 
LerdJhipSy That h^ was to read feme Things and to 
fpeak forne Things ; and I defer ^^ as he did, thdt tbq 
fixth Article may b6 r^ad. 

TJie fixth Article was read accordingly : 

VI. TVh^reas the Honour^ W^^lth, and Strength 
of this Realm of England is much increafed by th$ 
Traffick^ chiefly^ of fuch Merchants as employ and build 
great warlike Ships ; a Confederation thatjhould move 
all Counfellors of State^ ejpecially the Lord yfdmiral^ ' 
to cherijh and maintain fucb Merchants. 7he /aid 
Duke ahuftng the Lords of the Parliament^ in the 
tiventy-firjl Year of the late King James, of famous 
Memory^ zuith Pretence of ferving the State^ did op- "" 
prefe the Eaft- India Merchants^ and extorted from 
them 1 o jOOO /. in the fubtil and unlawful Manner * 
following^ VYL. 

About February, in the Year aforcfaid^ he the faid 
Duke^ hearing feme good Succefs that thcfe Merchants 
had at Ormiis, in the Parts beyond the Seas ; by bis 
Agents cunningly^ in or about the Month ^forefaid^ ' 
in the fame Year cf the faid late King^ endeavoured to 
draw from them feme great Sum of Money ; which 
their Poverty^ and little Gain by that Succefe at 
Ormus, made thofe Merchants abfelutely to deny:* 
IVhereupon he the faid Duke perceiving that the faicl 
Merchants-were then fitting forth^ in the Courfe of 
their Trade^ four Ships^ and two Pinnaces^ laden 
zvHh Goods and Merchandize of very great Value ^ 
like to lofe their Voyage if they fhould not fpeedily de- 
part: The faid Duke ^ on the ijl tf/ March then, 
following^ in the faid Year of the faid late King^ did 
move the Lords then afjembled in the faid Parliament ^ - 
whether 1:e flyould make Stay of any Ships which were 
then in the Ports^ (as being High Admiral he might) 
and namely^ thofe Skips prepared for the Ealt-lndia 
Voy^g^^ which wer^e of great Burthen^ and well fur-^ ' 

nijped ; 



Of E N G L A N D. 73 

ntjhed'y whieb Motion b$ing afpovei by their Z^rrf- An. a. OmkBi, 
Jhips^ the Duke did fiay tboft Ships accordingly: But i6>(J. 
the s^h of Msach following^ when the Deputy cf 
that Company^ with other of thefe Merchant Sj did 
make Suit to the faid Duke for the Releafe of thofi 
Ships and Pinnaces 5 he the faid Duke faid^ He had 
not been the Occafton of their flaying^ but that having 
heard the Motion with much Earnejinefs in the Lords 
Houfe of Parliament^ he could dono iefs than give the 
Order they had done ; and therefore he willed them to 
fet dawn the Reafons of their Suit^ which he would 
acquaint the Houje withall; yet in the mean Time 
gave them Leave to let their faid Ships and Pinnaces 
fall down as low as Tilbury. Jnd the loth of 
iAzxcYi following y an unufual joint Action was^ by his 
Procurement y entred in the Chief Court of Admiraby^ 
in the Name of the faid late King and of the Lord 
Admiral^ againji jthem, for i^^ooqL taken piratic 
cally by fame Captains of the faid Merchant Ships^ 
and pretended to be in the Hands of the Eaft-India 
Company ; and thereupon the King's Advocate^ in the 
Name of Advocate for the late King and the faid 
Lord Admiral, moved and obtained one Attachment^ 
which ^ by the Sergeant of the faid Court of Admiralty^ 
was ferved on the faid Merchants in their Court, 
the i6tb of March following: Whereupon the faid 
Merchants^ though there was no Caufefer their Me^ 
leftation by the Lord Admiral^ yet the next Day they 
were urged in the faid Court of Admiralty to bring 
in the 1 5,000 /. or go to Prifon. Wherefore imme* 
diately the Company of the faid Merchants did again 
/end the Deputy afore/aid^ and fome other s^ to make 
new Suit unto the faid Duke^ for the Releafe of the 
faid Ships and Pinnaces ; who unjujlly endeavouring 
to extort Money from the faid Merchants^ proteftedy 
'That the Ships^ Jhould not gOy except they compounded 
with him ; and wheti^ they urged many more Reafons 
for the Releafe of the faid Ships and Pinnaces^ the 
Anfwer of the faid Duke waSy That the then Par^ 
liament mujl firfl be moved. The faid Merchants 
therefore being in this Perplexity ^ and in th^ir Con- 
fU'ltaiioHy the z id of that Months even ready to guue 

■' ' ov(r 



74 7*^^ Parliamentary Hi story 

An* 2. Charles I. ^^'' ^^^^ Trade ^ yet conftdering that they Jhould lojh 

i5x6. more than was demanded by unlading their Ships^ be- 

fides their Voyage^ the^ refilved to give the laid Duke 

io,ooo l.for his unjuft Demands. And he the faid 

# Dule^ hy the undue Means af ore/aid^ and under co^ 

lour of his Office^ and upon jalfe Pretence of Rights^ 

unjuflly did exa5l and extort from the faid aderchants- 

the 1 0,000 /. and received the fame about the %%ih 

of April following the Difcharge of thofe Ships^ 

which were not releafed hy him^ tdl they the faid 

Merchants had yielded to give him the faid Duke the 

1 0,000 /. for the faid Releafe^ and for the falfe 

"Pretence of Rights made by the faid Duke^ as afore^ 

faid. 

And then his Lordfliip proceeded with his Re- 
port thus : 

7he Gentleman divided the Charge into two Parts^ 
I. The Eaft- India Conpany^ for which he read the 
ft xth Article, 2. 7l?>^ French Rochelle Sa/f«Wi /J?r 
the Ships ; and becaufe the feventh and eightlf Ar^ 
tides concern that^ he referved the Reading of them^ 
till he came to the fecond Part. He opened the Mat- 
ter thus : 

My Lords J 
Mr. Glanviiie < TT N the Impeachment againft the great Duke 
Sfwifra • 1 of Buckingham, I am commanded by the 
particular Nar- * CommoDS in Parliament, to bear a Part of no 
rative in Proof c fj^all Importance. The Articles allotted to my 
t erco/. < Charge I fhall treat as briefly and clearly as I can : 

• But firft beg Leave to read the following Nar- 

* rative. 

^be Substance of the Commons Evidence 
againfi the Duke of Buckingham, touching 
the 1 0,000 /. unlawfully exacted and extorted of 
the East India Company, by colour of his^ 
Office of Lord Admiral of England. 

« TN a Treaty, the 1 8th of Auguflj 1604, be- 

« J[ ^^^'^^ ^^^ ^*^S of ^^^^^ Britain, &C. and 
< Philip III. King of Spain, it was agreed, that 

' there 



CfENGLAND. 75 

there (hould be perfcft Amity and Peace to en- An.*, ctefcil. 
dure for ever by Land, Sea, and frefli Water*, ' 
between them, their Heirs, and Succeflbrs, their 
Dominions, Liegemen, and Subjects, then being 
or which fliould be ; and that each Party (hould 
then after abftain from all Depredations, Oflfences, 
and Spoils, by Sea and Land, and frefh Waters, 
in whatfoever Dominions or Governments of 
the other, and (hould caufe Reftitution to be made 
of all Depredations which then after (hould be 
committed, and the Damages gtowing by Means 
thereof; and that the faid Kings (hall take Care 
that their Subjedts (hould, from henjceforth, ab- 
ftain from all Force and wrong doing ; and that 
they likewife (hall revoke all Commiflions and 
Letters Patent, or Reprizal, or Mart, or other- 
wife containing Licence to take Prizes, all which 
are declared by the faid Treaty to be void ; and 
that whofoever (hould do any Thing contrary 
(hould be pani(hed, not only criminally, according 
to the Merit of his Offence ; but (hould alfo be 
compelled to make Reftitution and Satisfa£lion, 
for the Loiles, to the Party damnified requiring 
the fame, 

* And that between them, and every of their 
Subjects, there might be free Commerce in all 
their Dominions by Sea, Land, and frefh Waters, 
in which, before the Wars, there hath been Com- 
merce; like and according to the Ufe and Obfer- 
vance of the anttent Leagues and Treaties before 
the War, ^c. the Cuftoms, as they were at that 
prefent rated according to the Ordinances of the 
Places, being paid. 

* The late King Janus did, by his Letters Pa- 
tent, dated Sept, 14. Anno Reg. 13. grant and 
confirm to the faid Company, in cafe ihey be 
juftly provoked or driven thereunto, in Defence 
of their Pcrfons, Goods, or Ships, by any Diftur- 
bance or Hindrance in their quiet Courfe of 
Trade, or for Recompence or Recovery of tbeif 
Perfons, Ships, or Goods, of any of his Majefty's 
Subjei^s that had been already in or near the Eqft 

* Indiit 






yS The Parliamentary History 

Indi9iy or for any other juft Caufe of their De^ 
fence» or Recompence for Loiles fuilained % that 
then the Captain, or principal Commanders of 
the faid Companies, or any other under their Go- 
vernment, (hould, or might, attempt, fur^jrize, 
and take the Perfons, Ships, and Goods, of aiiy 
Prince or State, by whofe Sobjefts they (hould fuf- 
tain any Wrong or Lois in Manner aforefaidy as 
by the faid Letters Patent appeareih. 

* Under Pretext that the feid Treaty was broken, 
there was fome Interruption and Violence offered, 
by the King of Spainh Subjefts in fome Parts of 
the Eajl Indies ^ to the Merchants of our Ea/i In- 
dia Company trading into thofe Parts, whereby 
they were much damnified ; and thereupon fu- 
fpefting that it would be in vain to complain for 
Redrefs in an ordinary Courfe of Juftice in the 
Eaji Indies^ or in default thereof to return into 
Spain to make Complaint to that Purpofe, wher© 
nothing was likely to be done till they had fent 
from thence again into the Eaft Indies^ and recei- 
ved an Anfwer ; and after all this, upon Denial of 
Juftice in Spain^ to come into this Kingdom tor' 
Letters of Requeft, without which, in Ordinary 
Courfe, they {hould not ufe Reprizal, and many 
Years would be fpcnt before they could come to 
have an End of thofe Suits. It is true, that 
thereupon, partly in their Defence, and partly for 
Amends, and partly for Revenge, they did, by 
Pretext of the faid Letters Patent, take fome 
Goods oi the P^rtuguefe in the Eajl Indies^ Sub- 

jefts of the King of Spain ; and afterwards, be* * 
ing commanded by the King pf Perfta to tran- 
fport certain Forces of his into Ormus, an Illand 
fituated in the Gulph of Perfta^ fome Goods of 
the Portuguefe^ Subjedlis to the King of Spairiy were 
there taken by Capt. Blyth^ Capt. Wed^Iy and 
others of their Company, being Servants, and in 
Pay under the Eaft India Coqipany. 

* In Jul^ 1623, two Ships, called the Lion apd the 
Jcmai^ being part of ia Fleet belonging to the faid 

^ Com-. 



0/ E N G L A N a 77 

Company, returned to Ormus aforelaid, out GfAiu».Chari«l# 
an Eaji India Voyage, and arrived in the Downs, **^ 
richly laden with Goods and Merchandize law- 
fully belonging to the laid Company, of the Va- 
lue of 100,000 1. The Duke of Buckingham^ in 
or about OSiobery 1623, being advertifed thereof, 
and thinking it a fit Subjeft for him to exadl and 
extort fome great Sum of Money from the faid 
Company, out- of the Profits ot the Ships and 
their Loading, by Colour of the faid Office of 
Lord Admiral of England ', and, out of his Power 
and Greatnefs, his Office being ufed for a Ground- 
work of his Defign therein, did pretend, that the 
Loading of the faid Ships was for the moft part of 
Goods piratically taken at Sea by the faid Ships, 
in Parts about Ormus aforefaid, and that a tenth 
Part, or fome other great Share thereof, did be- 
long to him, in right of his faid Office of Lord 
Great Admiral of England^ and by virtue of his 
Letters Patent and Grants from his late Majefty 
in that Behalf j alledging withall, howfoever the 
faid Company might* peradventure anlwer the 
Matter, yet there would or might be ftrong Op- 
pofition againft them ; and in the Months of 
November^ December, January, and February^ 
then next following, had divers Treaties, by him- 
felf and his Agents, with the then Governors and 
others of the faid Company, for the effedling of 
his faid Defigns j wherein he ftill unlawfully pre- 
tended that a tenth Part, or fome other great 
Shares out of the Loading of the faid Ships, he- 
longed unto him; albeit the faid Company, upon 
righrlnformation of their Cafe to their Counfel, 
both Civilians and common Lawyers, were ad- 
vifed, that there did no Tenths, nor any fuch 
Shares belong to the faid Duke, as he pretended, 
* And whereas the faid Duke, finding that he 
could not prevail to get his Ends by any fair 
Courfe, and well knowing that the faid Com- 
pany had then four Ships, called the Great James, 
the JonaSi the Star, and the Eagle, and two Pin- 
- • ' ' naces,. 



Aa»x. Charles I. 
i6a6. 



7 8 The Parliamentary History 

naces, called the 5/;' and the Sccut^ (the faid SKips 
and Pinnaces, with their Vidluals, Stores and 
Ordnance, being of the Value of 54,000 1. and 
more, loaden with Cloth, Lead, and other Mer- 
chandize in ihem to the Value of 20,000 I. and 
more, and about 30,000 1. in Reyals of Spanijb 
Money, in all 100,000 1. and more,) which were 
well near ready lo fet Sail for a Voyage into the 
Eajl Indies^ by the firft Day of March^ in the 
21ft Year of his late Majefty's Reign : And alfo 
well knowing how great an Hindrance it would 
be to the faid Company, if the faid Ships and 
Pinnaces fhould be ftaid for any long Time, the 
rather in regard that if they did not fet Sail about 
that Time of the Year, and within few Days 
after, then by reaion of the Courfe of Winds, 
called the Monfoom, which were conftant fix 
Months Eafterly and fix Months Wefterly every 
Year, in the Parts of Africa^ about the Cape of 
Bona Speranza ; of which Winds the faid Ships 
were to make their Ufe in the ufual and due 
Time in their laid Voyage, or elfe utterly to lofe 
their Voyage, for theOpporiuniiy and Seafon of 
thofe Winds, by the Courfe of the Year, would 
have been fpent before the Ships and Pinnaces 
could have come to the Place where thcv fhould 
have made Ufe of them, had they flayed but a 
while longer from fetting forth out of England va 
a Voyage for the Eaji Indies ^ the Middle of 
March^ and not beyond the 2oih of that Month, 
being the ordinary and beft Time to fet forth 
from England in fuch a Voyage. 
' The Duke, upon the faid firft Day of March^ 
i 6 2 3 , to effedt his Defigns upon the faid Com pany, 
and intending to get that by Circumvention and 
Surprize which he could' not do legally, both 
Hou&s of Parliament muft be ufed for Colour ; 
and thereupon he did, that Day, put the Lords in 
mind touching the great Bufinefs likely to enfue 
upon the Diflblution of the then Treaties with 
Spain \ and that a fpeedy Refolution thereof was 

* nc- 



0/ E N G L A N D. -j^ 

neceflarily required, for that the Enemy would An. ». Charles i. 
pretermit no Time ; and if we (hould lofe the '^*^* ' 
Benefit of that Spring, he faid, it would be irre- 
vocable ; and thereupon he took Occafion to 
move that Houfe, whether he fhould make any 
Stay of any Shipping which were then in thie 
Ports, (as being High Admiral he might) and 
namely the faid bhips which were prepared for the 
Eajl India Voyage, which were of great Burden, 
well furnifhed, and fit to guard our own Coalts ^ 
which Motion was generally approved by the 
whole Houfe, they knowing nothing of the Duke's 
fecrct Defignsor private Intentions : And tjiefame 
Day a Motion was made, amongft the Commons 
in Parliament, to the fame EfFeft, by Sir Edward 
5^;;ww<r, the Duke's Vice»Admiral in the County 
of Devon ; which, in refpeft of the Time when, 
and thePerfonby whom it was propounded,is very 
fufpicious that it moved all from one Spirit, and 
that he was fet on by the Duke, and is fit to be 
examined into. By Colour of this Order of the 
Houfe of Lords in Parliament, the Duke caufed 
Stay to be made of the faid Ships and Pinnaces ; 
Howbeit, notwithftanding all the Occafion then 
pretended for the Defence of the Realm, we find 
not any other Ships ftayed at this Time. 

* On the 5th of March^ 1623. thtEa/1 India 
Company fent to the Duke for a Releafemcnt of 
the faid Ships and Pinnaces ; ^hereunto the 
Duke replied. That he had not been the Caufe of 
their Stay, but having heard the Motion in the 
Houfe of Lords, he could do no lefs than order 
as they had done ; yet told them wiihall, that he 
had fomething in bis Pocket that would do them 
good, and willed them to fet down what Reafpns 
they could for their Suit, and he would acquaint 
the Houfe therewith. 

* Neverthelefs, about this Time, he prefumed 
of himfelf, at ^heobald^s^ to give Leave for the 
faid Ships and Pinnaces to fall down as far as 
lilhuryy there to attend fuch further Diredlions 
as Qiould be given unto them, with Leave fo to 

* fi^nify 



A|.». Charles I. 



^ o the Parliamentary History 

lignify by Word of Mouth, to the Sergeant of 
the Admiralty ; for that the Duke had then na 
Secretary with hifti. 

« On tne loth of March ^ 1623, being out of the 
ufual Terms, Dr. Ryves^ as Advocate for thci 
King and the Lord Admiral) made an Allega- 
tion in the Admiralty, That it appeared, by Ex- 
ammatrons there taken, that 15,000 1. and more, 
piratically taken by the faid Captains Blytb and 
Wedely and Accomplices, upon the Seas near Or^ 
ntus^ and in other Parts within the Jurifdidlioris 
of the Admiralty, was come to the Poffeflion cf 
the Treafurers of the Eqft India Company, and 
remained in their Hands ; afid prayed it might he 
attached, and the faid Treafurers admonifhed 
to appear the Wednefday then next following, and 
then to bring in the faid 15,000 I. to remain icf 
Depofitesi with the Regifter of that Court. 

* The fame loth of March a Warrant iflued 
accordingly, direfted to the Marflial of the faid 
Court ; and upon the faid next Wednefday^ the 
17th of Marchj the faid Warrant was returned 
by the faid Marflial, the Day before he -had atr 
tached the faid Monies in the Hands of Mr Stone^ 
then prefent in the Court, and had admonifhed 
him and Mr. Abbot the Deputy, and divers others 
then prefent, to bring In the fame* 

* Upon the fame Wednefday alfo, Mr. Ston^^ 
and all that had Intereft in the Money, wer^ 
prayed by the Advocate that they might be pro-^ 
nounced as in Contumacy, and therefore to h^ 
arretted and detained untill the 1 5,000 1. were 
brought into the Regifter. 

* Hereupon Sentence of Contumacy was pro- 
nounced, but the Pain teipited 'till Priday follow- 
ing, upon which, the 17th of March^ i^^^, 
Mr. Stone^ Mr. Abdy^ Mr. Brown^ and Mr. Bo- 
nefi^ Officers of the faid Company, informed the 
Court how their Governor Was lately dead, and 
buried but a Day 5 that, tipon Thurfday nex\ 
following, they had ai^pointed a Court for Elecr 

' tFon 



t 



O/* E N G L A N D. 8i 

tion of a new Governor* and untill then thcyA4i.».Charicif# 
coulid refolve of nothing, and dcfired a further '^*^* 
Refpite : The Advocate did again earneftly prefs 
their Imprifonment, but the Judges took Time 
to advife on it. • 

* The Company finding by thefc Courfes the 
Drift of the Duke, and confidering hisGreatnefs 
«nd Power, and withal) obferving what a Streight 
they were caft into by reafon of the Stay of their 
Ships ; which, if it were much longer, would 
lofe their Voyage, and the very unloading of 
them would endamage them to the Value of the 
Sum exadled ; and being told that the Eye of the 
State was upon this Bufinefs, and that it would 
light heavy upon them ; and hearing the Duke 
proteft their Ships Ihould not go, except they 
compounded with hhn ; and finding that he 
made Difficulty of releafing their Ships, by fay- 
ing. The Parliament muft he moved e'er they could 
he difchargedy albeit the Wind were now fair for 
them ; and making Overture of Ibme colourable 
Ground of Compofition, by offering to grant 
Letters of Mart to the faid Compahy for the fu- 
ture againft the Subjefls of the King of Spaifiy ' 
while yet the Peace or Treaties between his bte 
Majcfty and the King of ^ain were not broken 
or diflblved ; the faid Company was drawn to . 
make Offer of 6000 1, to the faid Duke, which 
was rejected as a bafe Offer ; and the Time pref- 
fing them on very hard, fome Confultations 
were had amongft them, whether it were better 
for them to make ufe of a Claufe in their Patent, 
allowing them three Years to draw home their 
Eftates, and fo to let their Company die or be 
diflblved, or elfe to yield to the Duke's Defires ; 
yet in Conclufion they were drawn, and in fome 
fort enforced, to offer him 1 0,000 1. for their 
Peace, if it would ferve, which Offer was made 
unto him accordingly, and at fird he would not ac- 
cept it : Howbeit about thef 23d o\ Manh^ a623> 
they agreed to give him 1 0,000 1. which he ac- 
cepted 5 and forthwitli, without moving the 
Vol. VII. F ' ' Lord$ 



Ajitl. Charles^. 
2616* 




8 % The Parliamentary Hi s T o n T 

Lords of Parliamenty or acquainung them tbere« 
with, he releafed their Ships and gave them Leave 
to depart on their Voyage, which they accord- 
ingly did, fetting fail the 27 th Day of the iame 
Month from the Downs : And afterwards upcm 
the sth of Jpril J 1624, the Duke ii^iiied ixnto 
the Lords Houfe of Parliament, that bis Majt 
at the humble Petition of the Eaft-hiia 
chants, had commanded him to difcharg^ thofr 
Eqft'India Ships which he had once ftayed ac- 
.cording to the Order of this Houfe, made the 
faid firft Day of March then lafl paft ; and moved 
that the faid Order might be countermanded, 
and thereupon it was ordered that the Clerk of 
that Houfe fliould crofs the faid Order, of tlie 
firft of March^ out of his Book, which was dcme 
accordingly \ and afterwards the (aid 10,000]. was 
paid unto the Duke, which he received and accept- 
ed accordingly ; and, upon the 28th of -^r/7 afore- " 
faid, fuffered, colourably, a Sentence in the Ad- 
miralty, to be given againft him for their Dif* 
charge, in fuch Sort as by the fame Sentence 
it appeareth \ and, for a further Colour, fealed 
and delivered unto the f^d Company a Deed of 
Acquittance and Releafe of the faid 1 0,000 !• 
and of all his pretended Rights againft them, as 
by the Deed thereof alfo appeareth. 
* And whereas it may be imagined by fome Mif- 
conceit, that out of this an Afperfion may be laid 
upon his late Majefty, in regard^ the Duke was 
pleafed to fay in the Ccoiference between both 
Houfes, the 1 8 th of March laft, That the laid 
King had 10,000 1. of the faid Company, by 
occafion of thb Bulinefs: The Houfe of Com- 
mons have been very careful in their Proceedings • 
in this, as in all other Things they have and ever 
(hall be, to do nothing which may refledl upen ■ 
the Honour of their Kings: And, in this Par- - 
ticular, by that which hath been here at firft 
declared of the Manner and Occafion of the faid 
Goods and Monies taken from the faid Vor"^ 
tuguexe^ and receiving the fame as aforefaid* 

* white 



Q^ E N G X A N a 83 

While, the faid Peace was oootinuiiig, and tbeAa.s.ciiir]iii» 

faid Treatiel iodiiiblvedi it appearetb that it ti»«. 

had not beca iafe for tiitbili Company to ftand 

out a Suit coCicerning that Bufioefi, wherein 

they might have need of his Majefty^s Aifcrcy 

and Pardon; bat it was both fafe and good (ot 

them tor pV9> to/yooL and it well flood with 

his Ute Majefty*s Honour, for that Sum to grant 

them a Pardon ; which be did, to their great 

Contentment and Satisfadion ; and yet we find, 

that this 10,000 L alfo was paid into the Hands ot 

Mr. OUntr, the Duke's Servant, but find not any 

jSlecord) by which it doth appear unto us^ that 

ever it came unto bis late Majefty's Ufe. Aod 

it is oUervable in this Cafe, that the Oppref- 

fion fell upon the fame Coitipany fbortly after 

the great Affiidion which happened unto fome 

of them at Jmbiyna^ in the Eaft tnMeSj by 

means of the I^cb ; which might have moved 

a Noble Mind rather to pity than to punifh the 

Company,, after fuch a Diihrefs ib lately fuSered. 

* Having now finifhed the Karfatire Part be- 
lohgirtg to this Charge, I fhaH obferve unto your 
Lordfliips upon the whole Matter, the Natureof 
the Dukrt Offences by this Article complained . 
of, and what Piinifhrnent it may deferve. 

^en Mr, ,'QlanvHle infbrtei t%i Charge by Rc(fom 
and P'retedtnU^ as follcVdi : 

UPon this whole Gafe, it is eaQr to fee whcreiti ^^ cWiUe^s 
the-Duke's Faults confift ; and that it is ex- Splech in fup^ 
tortii^ lo^o^ol. as for a Compo(ition for Right of the fiithAr- 
where be hath none, making his Pretence therein***^*' 
but a Qroutld or Cblour to tXnQ. and extort 
upoti ;. for^ if his Right liad been good, it would, 
perad Venture, have been a fair Compofition, but, 1 

bis Precence falling away, it was a naked Bribe, 
or urtjuft Ejttottion j for if Way fliould be given \ . 

to take Money by colour of Releafes of pretended \ j 

Ril^t^i iAtxi^ great in Power and in Evil, v^ould \} 

F a ' aevtt • \\ 





i6a6« 



84 The Parliament i$ry HisTOit y 

never want Means to extort upon the meaner 
Sort at their Pleafures, with Impunity. 
« it remains theriefore, that I fliouldj)rove unto 
your Lordfliips only two Things : r trft. That 
a Pretence of Right by the Duke, if he had none, 
will not excufe him in this Cafe ; and, in the next 
Place, to fliew, by Reafon and good Warrant, 
that he had, in Law, no Right at all to releafe. 
And this will appear by two notable Precedents of ' 
Judgments in Parliament ; the one ancieiit in ' 
10 Ric, II. Where the Earl of Suffolk {g) being 
impeached by Articles from the Commons, and 
amongft the reft by the fifth Article, charged that 
he would not give Livery to the chief Mafter of 
St. Anthony^ of the Profit pertaining to that Order, 
until] he had given 3000 1. Secnrity to pay 100 1. 
per Ann, to him and John his Son, for their Lives; 
the Earl fei forth a pretended Title, in his Son,' 
to the chief Mafterfliip of that Order, ,^nd * 
that he took the lool. per Ann, for Compofi- ' 
tion for his Son's Right ; which proving biit a 
Colour, the Earl was fentenced and punifhed 
greatly for this Ofience, amongft others, as by the • 
Record appeareth. 

* The other Precedent is more modern, in the 
Cafe of the Earl of Middiefex (h), late Lord , 
Treafurer of England^ who was charged by the 
Commons in Parliament for taking 5001. of the 
Farmers of the Great Cuftoms, as a Bribe for 
allowing of that Security for Payment of their 
Farm-Rent to the King, which, without fuph 
Reward of 500 1. he had formerly refufed to il- * 
low of. The Earl pleaded for himfelf. That he bad 
not only that 500 1. butfool. more, in all loool. ' 
of the faid Farmers, for a Releafe of his Claim to 
Four two-and- thirty Parts in the faid Farm 5 but, 
upon the Proof, it appearing the faid Earl had not 
any Parts of that Farm, as he pretended, it was the ' 
13th of May^ 22. Jac. judged by your Lordfliips * 
in Parliament (which I think is yet frefh in your 
Memories) that the Earl for this, amongft other ' 

* Things, • 

(i) SiC Vol, I. p. 399. i {bj Vol. VI p. 141, & feq. 



/ 



Of\ ENGLAND. 85 



Things, ifhould undergo many grievous Cenfurcs ; ^* **^^*^ 
as by Si'eR'e(k>rdsof your Loodihips Houfe appears. ■ 

* It remaineth now to prove, that the Duke of 
Bmiingbam^bsd no Title, to any Part of the 
Goods by him' claimed' againft the Eqfi^India 
Company ; whtch.is very manifeft, if his Lord- 
Ihip's Pretence by his own Allegations in the Ad- 
miralty were true, that the faid Goods were pira«» 
tically taken.: For of foch Goods it is very clear, 
by Reason and Authority, that no Part or Share 
is due to the Lord Admii^l, in right of his OiSce 
or otherwife.. 

* Firft, for that the Parties, from whom the fame 
are taken, ought to have entire Reftitution ; and 
it were an Injury to the Inter^burfe of Nations, 
if the contrary (hould be any way tolerated. 

* Secondly, by Law, for fo are the' Statutes 
of this .Kingdom, and more efpecially in 27. 
Edw, III. Cap. 13. whereby it was provided, that 
if any Merchant, Privy or Stranger, be robbed 
of his Goods upon the Sea, and the fame came 
afterwards into this Realm; the Owner (hall be 
received to prove fuch Goods to be his, and upon 
Proof thereof (hall have the fame reftored to him 
again. ' V. • 

* Likewift in 2. and 3. Edw. VI. Cap. 1 8. in 
the Aflk of Parliament touchmg Sir Thomas Sey* 
tnour^ ILvLt. Great Admiral of England^ who 
thereini amongft divers other Things, is charged 
with, this,: That he had taken to his own Ufe 
the Gdockpiratkally taken againft Law, where* 
by hemoved-almoft all Chriftian Pritlces to con* 
ceive. a\Gmdge and Difpleafure, and by open 
Wars to ftda Remedy by their own Hands ; and 
thereupon, for this, amongft other Things, he 
was attairrted of High Tteafon, as appeareth by 
that AA wherein the Law is fo declared to be as 
before is exprefled. 

' But if it (hould be granted that the Duke had 
a Right in this Cafe, yet the Manner of his feek- 
irg to try the fame b clearly unlawful, in making 
the Parliament a Colour to obtain bis private 

F 3 * Ends J 



f 



4 



%€ The Tardameniary Histok y 

An.».CMe8].^ Ends; and in bis Proceeding to arreft.and ffajf 
iM* * the Ships of Men not apt to fly, but that were 
well able to anfwer and fatisfy any juft Suits 
which he might have ^inft them» though tfaeir 
Ships had gone on in their Voyage : In proiecut- 
ing Things fo unfeafonably^ and urging them fo 
extremely, by his Advocate^ for bringing in of fo 
great a Sum of Money on the fudden, and for- 
mally, under Colour of Juftice and Service of the 
State : In reducing that Company to that Strait 
and Neceiiity, that it was as good for them to 
^ compound, though the Duke had no Title; at to 
^ defend their own juft Right againft him upon 
^ thofe Difadvantages, which, by his Power ind 
^ Induftry, he had pot upon them, 

• Now for the Framh and RochelU Bufinefi, I 
^ defire tliat the feventb and eighth Articles majp bci 
* lead, wWch was done accordingly. 

VIL fFhereas the Ships of cur Sovereign Lord the 
Engy and (f hb Kingdoms ajbrefoidy are the- primd'^ 
pal Strength and Defence cfibefaid JSng^bms ; amd- 
mgbt thertfore t§ be always preferved^ and fafehf 
Jkept^ under the Command^ and for the Service:^ if 
our Sopereign Lord the JGngj no lefi tban awf the 
Fortriffes and Cafiles of the faid ISngdms : Jhd 
whereas no Subje^ of this Ream ought tn he ^JP^J^ 
fed of any bis Gooas or Chattels mtbeut Order if 
Jtiftice, or his own Coufint ferft duly had and obtain^ 
ed : The faid Duke^ being Great Admiral of England, 
Governor- General and&eper ofthefaidShips andSefett^ 
and who therefore ought to have andtaifajpeaaldud 
eontinual Care and Diligence bow to preferve tie 
fome; did never theUfs, in or about the End ef 
July laji^ in th^ firji Year of our Sovereign l^d 
the King^ under Colour if the fold Office ^ 
Great Admiral of- England, and by indire^ ofud 
fiibtile Means and'Pra^iteSj procure one ofiheprin^ 
^ipal Ships of Ms Majejly*s Navy- Roy aU ^aHed tbf 
Vanrguard, then under the Command ef Capt. John 
Pppniflgtpn, and fix ^tb(r ll^chqnt Ships tf greaf 

5«r- 



0/ E N G L A N D. 87 

Burthin and Value ^ hehnging to fiveral Perfins in-^*^^^^^^* 
habiting in London, the natural Subje^s of his Ma- "^^ 
Jifih '^ ^^ conveyed over^ with all their Ordnance^ 
Munition f Tackle and Apparel^ into the Ports of the 
Kngdom of France 5 to the end that, being there ^ 
they might the more eafily pi put into the Hands of 
the French -B/r^ , his Minijlers and Subje^is^ and 
taken into their Pojfejfion^ Command and Power : 
And accordingly the f aid Duke ^ by his Minijlers and 
Agents^ with Menaces^ and other ill Means and 
Pra^ices, did there, without Order ofjujlice^ and 
without the Confent of the Jaid Mafters and Owners^ 
unduly compel and enforce the /aid Majlers and Own^ 
ers of the Jaid fix Merchant -Ships, to deliver jhe 
faid Ships into the Jaid Pojfefjiony Command and 
Power of the faid French King, his Minijlers and 
Subje^s : And by reafon of bis Compulfton, and under 
the Pretext of his Power as af ore/aid, and by his 
indireSf Pr apices as aforejaid, the [aid Ships afore^ 
faid, as well the faid Ship Royal oj his Mqjejfy, as 
the others belonging to the faid Merchants, were 
there delivered into the Hands iind Command of the 
faid French King, his Atintjlers and Subje^s, witb^ 
cut either fufficient Security or Affurance far Re-de^ 
Uvery, or (^ber necejfary Caution in that Behalf taken 
and provided, either by the faid Duke himfilf or 
otherwife by bis Dire^ion\ contrary to the Duty of 
the faid Offices of Gr^at Admiral, Governor-General, • 
ana Keeper of tie Jaid Slips and Seas, and to the 
Faith and Tft(fi in (hat Behalf repofed, and contrary 
to the Duty wUch he oweth to our Sovereign Lord the 
King in his Place of JPrivy-Counfellor -, to the appa^ 
rent weakening of the Naval Strength of this King-^ 
dom, t»^ the great Ltfs and Prejudice of the faid Mer^ 
chants, a^ againjt the Liberty of thofe Subjeffs <f 
^ir Sover0ignLord the IGng that are under the Ju» 
rifdi^ion of the Admiralty. 

VIIL The faid Duke, contrary to the Purpofe 
of our Sovereign Lord the King, and his Majeflf\ 
known 2eal for the Maintenance and Advancement of 
tbeii'ue Religion e/iablijljd in the Church tf/* England, 

know^ 



S8 The Tarliamentary Histokt 

i^%,QhAi\ti\»inowing that the (aid Ships were intended to bi enh' 
x^6, phyed by the faia French King againji thofe. if the 
fame Religion at Rochelle, and elfewhere^ tn tb§ 
JDngdom of France, did procure the /aid Ship Rcyal^ 
and compe% as aforefaid^ the faid fix other Ships to 
he delivered unto the faid French King^ his Minifters 
and Subjects^ as aforefaid j to the End the faid Ships 
might be ufed and employed y by the faid French King^ 
in his intended War againji thofe ^ the faid Religion 
in the faid Town of Rochelle, and elfewhere witbiu 
the Kingdom of France : And the faid Ships were^ 
and have bcenfuicej jo ujed and employed by the faid 
French Kingy his Mini/lers and SubjeSls^ againft 
them. And this the faid Duke did^ as aforefaid^ in 
great and moji apparent Prejudice of the faid Rfli-^ 
gion^ contrary tc the Purpofe and Intention of our 
Sovereign Lord the King^ and againji his Duty in 
that Behalf being fworn Counfellor to his Majefty^ 
and to the great Scandal aud Dijhonour of this JS/a* 
tion» And notuuith/ianding the Delivery of the faid 
Ships by his Procurement and Cowpuifi?n^ as afore/aid^ 
to be' employed', as aforefaid^ the faid Duke^ in cun^ 
ning and cautelous Manner^ to niqfk his ill Inten- 
iions^ didy at the Parliament held at Oxford in 
Auguft lafl^ before the Committee of both Houfe^ of 
Parliament^ intimate and declare^ that the faid Ships, 
were not, nor Jhotild they b^ Jo ufed and employed 
againft thofe of the faid Religion^ as aforefaid; in^ 
contempt of our Sovereign Lord the King, and in 
Abufe of the fiid lloujes ofParliamem^ and in Vio^ 
lation of that Truth which every Man Jhould profifi. 

Then Mr. Glanville read the following Narrative. 

The Commons Evidence againfl the Duke of 
Buckingham, touching the Ships which were 
put into the Power and Service of the Fr ench , and 
employed afterwards againft /A/ Roc hellers* 

Mr, Glanville 

reads a Narrative * TN 6t about the 22d Year of our late Sovereign 
^eiuhandEU^S ' -^ ^^^"^ ^'"^ James, of famous Memory, there 
Articles" * ^^^^^ ^^^^ ^ Treaty between Qur laid late Sove- 

• reign 



Of )E N GLAND. 8j^ 

reign and the Frenib King» for, a Marriage to beAms«.CMeiL 
had between our then Prince and now King, and *•* . 
the French King's Sifter, our tovs; Qiieen, and 
for^entering into an aftivc War 'ajg^inft the King 
of Spain and his Allies, in Italy and the VdUoline : 
Our (aid late &^ereign pafled fome Promifes to 
the French King's Ambafiador here, the Marqu^i 
UEffiat^ for the procuring or lending fome Ships 
to be employed by the French in that Service up- 
on reafonable Condition; but ii^ithbut Intent 
that they fliould be employed agaiiift the Rochellers 
or any others of our Religion in Prance ; iFor it 
was pretended by the Frinch King's Minifters to 
our King, that the faid Ships (hould be employed 
particularly againffi Genoa and not otherwife : / 
But afterwards, fome Matters of Sufpicion break- 
ing forth from thofe of our Religion in France^ 
that the Defign for Italy \ya8 but ^ Pretence to 
make the Bfady of an Army to fell upon\ the Ro^ 
chellers and others of our Religion in that King- 
dom ; the King grew fo grkcibus tt^ his Conditi- 
ons, that as he would perfortn his Promife to 
fend his Ships^ ib.to preferve thofe of our Reli- 
gion, he contrafled or gave Diredions that the 
greater Part of the Men in the fame Ships fhould 
be JEnglj/h, whereby the PcJwer of them fliould 
be ever in his Hand's: And the Duke of Bud' 
ingham^ then and yet Lord Great Admiral. of 
England^ well knqwing all' this, to be true, pre- 
tended he was ^i)d woiild be very careful and pro- - 
ceed with Art, tb keep the Ships in the Hands 
of our King arid upon our own Coafts -, and yet 
neverthelefs, underhand, he unduly intended,, 
pradlifed, and endeavoured the contrary : For 
afterwards, by his Direflion and Procurement in 
or about the zzA Xear aforefaid, a SJiip of his Ma-, 
jetty's, called ithe Vantguard^ being one of his Ma- 
jefty's Royal Navy, was allotted and appointed jto. 
be made ready for.the Service of the French Kiiig i 
and feven Merchant-Ships, of great Burthen and 
Strength, belon^ng.to feveral Perfons the patu- 

^ ral - 



^ The¥srlkmmtaryVli%ro^r 

4kt.jMMarf/ ral ScMs€b of oi^ faid hre Sovereign Lord, wci« 
*•*' ^ impreffid ; as for tbeService of his fafd late Ma- 
^ jeflT*, ^nd willed to make themftlves teady^ ac* 
* corcHngly. 

The Namei and Tonnage of the faid feren Mtr- 
cbant Ship* were as foUoweth, viz. 

I . * The Great Neptune^ whereof Sir Perfinan- 
do Gorges was Captain* 500 Tons Burthen. 
%. * The In^firy^ of 450 Tons, whereof jfame^ 
Mewyer was Captain. 

3. * The Pearly of 450 Tons, whereof Anthony 
iench was Captain. 

jjU ^ The marygold^ of 300 Tons, whereof 
Thomas bavUs was Captain, 

5. * The Loyalty, of 300 Tons, whereof yaf- 
per Dare was Captain. 

6. ' The Peter and John, of 350 Tons, where- 
of ^ohn Davies was Captain. 

7. ^ The Gi/t'OfGod, of 300 Tons, whereof 
Humphry Itinven was Captain.' 

^ Alfb about th6 fame Time a Contrafl was 
made, by and between Sir John Cook arid other 
the CoVnrniiSioners of his Majefty's Navy, a^ 6ff 
the Behalf of bis Majefty, for his faid Ship the 
famguar4\ and on the Behalf of the Captains, 
Maften^ send Owners of the faid ieven Merchant 
Shipfi (but without their Privity or Diredions) for 
the !>//»('* King*» Service ; upon Conditions pre- 
tJ^ded to be fafe iind reafonable for our King, this 
Realm and State, as alfo for the faid Captaiiis^ 

' Maftert and Owners of the faid fevcn M*er- 
chant Shipd, and for their Companies. 
* For Sir John Cook drew the Inftruftions fof tlie 
DireOion of the faid Contrail, which Inftruc-. 
tions palled, and were. alloWied hy the King aM 
fudh of the Council as were liiade acquaintied 
with and ufed in this Buiinefs : In whicli In^Aic* 
tions, as Sir Jahn Cook hath lince alledged in tfie 

> (foufe of ComiTJonsy there wa3 Care taken for 

* Pro- 



Of E N G L ANt). ^i 

Provifion to be ttmAe that the Shipof hb Ma-Aa*s.CfattlN|i 
ptty^ called the Faniguard, ihoidd not fenre a* iM« 
gainft the City and Inhabitants of Rpcbelk^ or 
there of our Religion in France ; nor take into 
her more Men of the Frtmb than flie couldY 
from Time to Time, be well able to command 
and mafter ; bun^hether the InftrudHons for th^ 
(aid Merchant Ships and King's Ships were all one, 
is not yet clear'd unto the Commons ; howbeity 
it appearetb not but that the Intent of our King 
and State was to be alike careful for both. 
« Neverthelefi a Form of Articles, dsited thtf 
25th of Mar$h )n the 23d Year of his find lattf 
Majefty's Re^, was preparedi eogrofled, and 
made ready to be iealed, without the Knowle^ 
of the Captains, Maikers, and Owners of thd 
faid Merchant- Ships; between the faid Marquil 
UEg^ the AmbafUor, of die one Part, and 
the feveral Own^ oi the find Merdxant-Si^ 
refpeftively on the other Part, viz. A fererat 
Writing or Inflrument for every of the ikid Ships 
refpeflirely, whereby amongft other ThingjB^ as 
by the &me appeareth, it was €0?enanttMi and 
agreed by vcA on the Part and Bel»lf of the find 
Owners, to and with the Marquis j)'i§$!Ftf/ to this 
£Si3£i, namely, 

« f , That their laid federal Ships rerpedini^, 
with a jcertam Number of Men limited for enry 
of Aem, with OidnasKpey Munition, and ottor 
Necefiaries,>ihouldbe itidy for HciitFffrub Kidg'tf 
Service by the X3th Day 9f 4t(rU^ then aexr 
following- 

* a. That they (hould go in that Service under 
a J^#«<il^ General, to be asCaptam in every of 
the fidd< Merchant^Ships re^ftively, at the Ap- 
pointment of die FT$n(;h King or his AmbafladOr; 
^ 3« Thst they ihould ferve the Fnnch King 

^ againft any ivbatfpev^r, but the King of Gnat 

♦ Britain* 

' * 4. That they (hould tafce in as many Soldiers 

^ into their feveral Ships as they could ftow or* 

^ gs^iy, t>^i;d^ their Vidual and Apparel, ^c. 
' ' . • 5f That 



^4 Tb&'^Urltaff(/iffnt4fyK^r01i r 

iliL«.cfattfc8i*' * 5* ^^^ they ihould continue fix Months or 
i6s^/ ' ^ longer, in tke Service, fo the whole Time did 
^' not exceed eighteen Months, • / i 
"f 6. ^ To permit the French to have abfolute 
' CommaDd' of their Ships for Fights ^nd Voyages. 
; '^ And it was thereby amongft other Things co- 
^ tenanted and agreed, by and on the.Partand Be- 
^. balf of the faid Marquis D*Effiat^ as for and 
\ :oh the Part of the French King, amongft other 
^'Things, tothisEfl5?fl:: . 

* I . That there fhould be paid to the faid Own* 
\ brs a Month's. Fteigbt, in Hand, .after the Rate 
^•agreed oh ; and Freight for two* Months more 
^ after the fame Pate, within fifteert Days after. die- 
^ p4te wof 'the;Artidcs, the Computation of the 
^ !Montbs.ta'biegtn:from the faid 28th of the fame 
VMank.: .... .'; :. '■.■/ . 

:^ 2; That the Ships {bould be it-delivered utuo 
^fi< certain Formiprefcribed, at the £tvi of the Ser^ 

^. ]* When alKThingi were in a Readinefs for GIr-' 

* cumvctition andSkirprifal of theOwners of the' 
•"-ijMerchant-Ships^ then, and not before, they wd-e* 
^ .fiidd^ly pcefled to feal the Counterparts of the 
^,^ prepared^Articles; and they were, about .the* 

* fame Time, releafed and difchargedirom the Im-« 
^ {Mreft of his^ . BiAaje&y 's Service, and made ac- 
y quainted .with /the Delign to ferve the French 
^ Kingr- thei faid three Months Pay being offered^ 
^ and afterwards paid unto them afore-hand, as a 
^ Bait to draw] in ^and entangle them in the Bufi-^ 

* nefs. 

• Neverthelefs, the Captain$ and Owners of the 
' faid Merchant-Ships doubted upon fome Points, 

* wis. .1. Againft whom they (hould be employed.* 

* %. What foreign Power they (bould be bound; to 

* take into their Ships. And, 3. What fufficient 

* Security they fliould have for their Freight and 

* Re-delivery of their Ships. 

' :' But there were private Inftruiftions given 'to 

* Capt. J(^n Pennington^ of the King's Ship the^ 

' Vant^ 



Of BKGL.AND. 93 

Vanuguari^ 'a»foc Wm and the whole Fleet, that ^* **ii^^'' 
he (hould ob^nre the firft Inftrudions, viz. Not* * 

to ferve againft thofe of our ReUgion; and to' 
take into his Ship no moie Fnnchmen than lie 
could mafter* . < 

* The Prctjence for GiMa^ and thb private In- 
ftniAion tb^tnningtMy were a further Artifice' 
to trail the Ships into France^ said to conceal the 
breaking forth of the^Matter tiere b England ; 
and| the more to endear and confirm them in an' 
Opinion of right Intention, . they were com- 
manded to conceal thefe private Inftrudions, as 
if the Duke and bis Agents had trufted them ' 
more than the Ambafia<k)r. 

^ B7 theie and other like cunning and undtie 
Proceedings of the Duke, the iaid Marqus D'Ef-' 
fiat fealed the one Part, and the Owners of the 
Merchant Ships refpe^vely (baled the other Pare 
of the faid prepared Articles ; trufting that they 
ihould not be bound to the ftridl Performance 
thereof, by reafon of the (aid private Inftruflions 
to the contrary, 

« After paffing of thefe Articles, the faid Ships 
being formally ready^ the faid Duke the 8th of 
May\ 11^25, iflbed a Warrant under Seal to call * 
the Companies oa Board which bad been raifed 
and fitted for the {z\^' French Service, according 
to formar Inftruftions, and with the firft Oppor- 
tunity to ga to fuchPart as the Premb Ambaf- ' 
iador {houkl direct, ^c. there to expert the D\r '■ 
veSdon of the Party that fhould be Admiral of ' 
the &id Fleet fo prepared, with a Requiry of all 
OflScen to be affiftant hereunto. 

* Oipt. Pinnington being Admiral of this whole 
Fleet, in May^ 1625, went with the King's laid ' 
Ship andieven Merchant-Ships to Diepe in Frame. 
There inftantly the Duke DeMontmoramy, Ad- ' 
miral of Frantic would have put 200 Suldiers on 

board the Ship called the Indujiry^ being no more ' 
Men than fbe could flow, but a far greater Pro* 
portion of Men than her proper Company was 

* able 



ilnii. (kartell 



p'4 TbsTafliamentaty KitroKT 

able to command or mafter; and oSbtd alfo tc^ 
do the^ like to every the iaid Siups, tdliqg tbcr 
&id Capt. Peaningtm^ and other tb^ faid C^tains 
and Owners and their Companies, in diredl 
Terms, that they were to go, and (hould eo^ 
and &rve ajg^nft the City and Inhabitants of Ro^ 
cMk^ and againft tbofe of our Religion ; where* 
unto they dewing themfelves unwilling, there 
were Chains of Gold and other Rewards offiared 
unto fome of the Captains, Mafters^ and Owners, 
to induce them ; all which they utterly refisfi^, 
and protefted againft the Defign i tooA would not 
take in above a fit Number of Men, fift:h as they 
might be able to command. 

* Alio the Company of Hot King's Ship did there 
inform Capt. Pennington of this Overture nude 
to go againft RocMle^ and exhibited a Petition to 
him againft the lame ; fubfcribing their Namto 
to the Petition in a Circle or Compa&, that it 
itlight not appear who was the Beginner of tke 
fame, and then they laid it under his Prayer^ 
Book, where he found and read it. 

* Hereupon Capt. Pennington and the reft con* 
fulted more ferioufly of the Matter; atid,, by>a 
general Aflent, returned all back to ihtDmim^ 
where they arrived about the End of JtettCy or 
Beginning of Jtdy^ 162J. 

* From thence Capt. JP^*/;«|y^^« fent a Letter 
to the Duke of Buckingham by one Ingram^ with 
the laid Petition encloied, and empbyed him to 
become a Suitor to get a Difcharge from ferving 
againft Rochelle, 

* Ingram delivefefd the Letter to the Duke, add 
faw him read it, together with the faid Petition; 
whereby, as by other former and latter Mcom^ 
he had full Notice of the Defign and Intent of 
the French to ff> againft the Rochellers. Gipt* 
James Mowyer alfo about the fame Time caoMt 
to Court, and had Conference with Lord Conitu^ 
and Sir John Cooi, now Mr. Secretary, acquaint- 
ing them what had pafied at Di^e, praying thexii 

• 10 



0/ E N G L A N a ^s 

to acquaint the Duke, which they did; the Duke An. s.CjniletL 
delivered the iaid Letter and Petition. to Sir JobM tiX 
Cf0k. 

^ The Duke De Chevmux and Monfieur De Vil- 
laclarsy being come into England as extraordinary 
Ambafladors from the frgnch Eling, they and 
the Marquis Jy^at (more efpedally D'Effiat) 
follicited and got a Letter from the Lord Con^ 
way by the Duke's Means, dated the loth of 
July^ 1625, diredied to Capr. PenningtPni 
whereby he took upon him to fignify his Maje- 
fly*s expreis Pleafure to be, that bis Majefty had 
left the Command of the fiiid Ships to the Fnmb 
King ; and that therefore the faid Capt PenHtng- 
ton ^uld receive mto them fo many Men as that 
King (hould pleafe for the Time contraded ; 
and recommended this Letter to be a fufficient 
Warrant in that Behalf. 

< AU this while the King« or Body of the Coun- 
cil, were never made acquainted with any other 
DeiSgn than that of Genoa i nor heard any thing 
of the Faffages at Diepe^ nor the Dcfign for Ro* 
cbitie ; nor of our Matters and Companies Peti- 
tions, Informations* or Complaints thereof. 

* This Letter was fent by the Packet from Hamp^ 
Un Court unto Pinningtm^ being now about the 
Downey and was not long after delivered into his 
Hands. 

* About this Time Mr. de la louche and others, 
from the Duke of RAon and the Proteftant Parry 
in France^ follicited our King and Council again ft 
the going of our Ships, and had good Words and 
Hopes from both ; but from the Duke the con- 
trary^ who told them, the King his Mafter was 
obliged, and therefore the Ships muft and fliouU 

go- 

* The Ships remained ftill at the Downs^ and af- 

terward5> viz. about the 15 th of Jufy^ 1 63^5, there 
was a Treaty at Rache/ier between the three Am- ' 
bafladors extraordinary of France^ and yames 
Mmyer and Anthony Temb^ tor themfelves and 

* other 



^6 The ^ar^ffUntaryKisroKr 

Aii.ft.C^at]eiL^ Other the Englijb Captains and Matters of 
i6%6. < Ships, isFc. The faid Mowyer and linch being 

* by Meffage commanded to attend the Duke of 

* Buckingham at Rochefter^ for a ■G)nclufioii afad 

* Settlement to be had of this Bufinefs. 

* The (aid Ambaffadors did there offer to the 

* faid Mffivyer and Tench an Inftrument in Frenchj 

* purporting this, viz. 

* I. That their Captains and Companies (hould 

* confent and promife to ferve the French King a- 

* gainft all, none excepted but the King of Great 

* Britainy in Conformity with the Contract for- 

* merly paffed between UEffiat and them, 

* 2. That they (hould confent and agree, in 

* Conlideration of the Affurance given them by 

* the Ambaflador, viz, the Articles of the 25 th of 

* March^ 1625, whereby the French King (hould be 

* made Matter of the faid Ships by indifferent In- 

* ventory ; that then they (hould be by him war- 

* ranted againft all Hazard of Sea and Fight ; and 

* if they mifcarried, then the Value thereof to be 

* paid by the French King, who (hould alfo con- 

* firm this new Propofition within 15 Days, after 

* the Ships (hould be delivered to his Mit^ by good 

* Caution in London. 

* 3, And if the French King would take any 

* Men out of the faid Ships he might, but with- 

* out Diminution of Freight, for or in refpe£l 

* thereof. 

* The faid Mowyer^ having gotten the fame In- 
^ • ftrument interpreted, anfwer'd, 

' I. They would not go to ferve againft U^- 

* chelle.- 2. Nor fend their Ships without a good 

* Warrant for their going. And, 3. Not without 

* ,fufEcient Security to their liking for Payment of 

* their Freight, and re delivering of their Ships, or 

* Value thereof; for the Ambaffador's Security 
' was not by them taken to be fufficient ; and they 

* protefted againft, and refufed his proffered In- 

* ftrument. 

* Here 



Of E N Q L A N D. p7 

* Here alfo Sir Jchn Hippejley and Sir Thomas Iffui An. ». Chtrkit 
diffuaded the Duke from his Enterprize, tdling »^»*» 
him he could nor juftify nor anfwer the Deli?^ 

of the Ships to the French. 

* The Lord Duke being at Rschefter^ and there 
acquainted with all thefe Proceedings, commanded 
the faid Mmyer^ ^c. before the Ambafladors, 
that they Ihould obey the Lord Conwafs Letter, 
and return to Dieppe to fcrye the French ; and 
that fo was our King's Pleafure ; howbeit his 
Majefty's Pleafure herein appeared not, bat the 
contrary : Yet, privately at the fame Time, the 
Duke told them, that the Security offered, or 
formerly given, by the Ambaflador, was infuffi- 
cient ; and that tho' they went to Dieppe^ yet 
they might and fhould there keep their Ships 
in their own Power *tiU they had made their 
Conditions to their own liking. 

* And the i6th of July, 1625, the Duke Di 
Chevereux and M. De Villaclare^ finding they 
could not accomplifh iheir Defires at Rochejier^ 
but that they muft be fain to defer the gaining 
thereof 'till the coming of the Ships back again 
to Dieppe^ where it was thought that better Op* 
portunity and more Advantage for their End^ 
would be had ; did to thatPurpofe make and or- 
dain the Marquis D'Effiat their Deputy, to con- 
tradl with the Mafters and Captains of the Eng- 
lijh for the French King's Service, as efteftually 
as themfelves might do ; thereby transferring 
their Power in that Behalf to the faid D'Effiatj 
who intended to go over to Dieppe forthwith 
about this Balinefs. 

* The Duke of Buchngham, having thus the 
fecond Time dealt with the Captains and Matters 
to go to Dieppe^ and armed and prepared D^Effiat 
how and in what Manner there to circumvent 
them, fent over to Dieppe^ privately and under- 
hand, his Secretary, Mr. Edward Nicholas y to- 
gether with the faid Marquis. X)'£^j/. 

' Mr, Nicholas^ at and before his going over, 

liad Inllrudions from the Duke, by Words, 10 

Vol. Vn. G * feo 



An. 2. Charles! 
1626. 



5)8 TheTarliamentary His tort 

fee the Execution of the King's Pleafiire fignified 
by Letter from my Lord Conway ; and to procure 

• the Captains and Mafters of the faid Merchant- 
Ships to deliver over their Ships into the Hands 
of the French'^ upon the Security proffer'd at 
Rochefter by the three French Ambailadors, and 
by them delivered to the Duke of Buckingham ; 
who committed the fame to the faid Mr. Nicho- 
las ^ 2i^ the Secretary, v^hich in that Behalf he 
v^^as to take and accept. 

* Mr. Nicholas^ according to thefc Inftruflions, 
went to Dieppe^ with D'EJjiat^ and was there 
very urgent to get the Ships deliver'd according to 
his faid Inftrudions. 

* At their coming over to Dieppe^ D^Effiat en- 
tered a Suit or Proteft againft our Captains and 
Mafters on their original Articles ; the better to 
enforce them to perform the fame, without Re- 
fpedt to the Duke's verbal Pretences or Allega- 
tions, made to the Captains and Mafters at Ro' 
chejler^ and in other Places, formerly, to the 
contrary. 

* The Captains and Mafters came over again to 
Dieppe^ about the 2oth of July^ where they 
found iliemfelves in a Strait by reafon of the 
fdd Proieft ; the Duke's Inftrudtions, by word, 
being too weak to exempt them from obeying 
the Contrad under their Hands and Seals ; alfo 
Mr. Nicholas ufing the King's Name, with threat- 
ening Words, was there very earneft with them 
from Day to Day, and very vehemently prefled 
them to deliver over their Ships before Security 
given to their Content ; contrary to their former 
Propofitions, viz, the Lord Duke's Word to 
them at Rochejier^ i^c, which they refufing to 
yield unto, Adveriifement thereof was fpeedily 
fent to the Duke of Buckingham^ and his Agents, 
into England \ and Mr. Nicholas continued ftill 
in Dieppe about the foimer Negotiation. 

* On the ayrh of J/^/v, 1625, Sir Ferdinands 
Gorges^ Anthony Tench^ James Mozvyer, Henry 
Lewen, Thomas Daviesy jafper Dare, and John 

* DavieSf 



A'i-: 



*^ 



1/ o 







0/ E N G L A N D. 9^ 

Davies^ as Owners and Captains of the fevenAn.*. cAiieilj.^ 
EngU/h Ships hired for the French^ did exprefe, in ^^^% 
Writing, that they held it fit that they fliould not 
quit their Ships untill they had made their reafon- 
able Condition, and were freed from the Queftions 
and Troubles they were in ; and, in particular, 

1. * They prayed to be freed of the faid Proteft, 
that they might the better treat of their Affairs. 

2. * If the French King would have Delivery of 
their Ships into his Power and Poffefljon, then 
that they might have Security by Money, depo- 
fitcd in London^ without Revocation, ^c. for Sa- 
tisfaftion of their Entertainment and Re-delivery 
of their Ships; the former Security by Merchants 
being infufficient, and a Stop already made of their 
Pay, which, upon that Security, they knew not 
how to come by. 

3. < Their Ships being Fortreffes of this King- 
dom, and the Delivery of them over to a foreign 
Prince without good Warrant, concerned their 
very Lives; that therefore they ought to have a 
Warrant under the Great Seal of England, before 
they fliould be bound fo to deliver them over. 

4. ' And to be free of their Bonds entered into 
for not felling their Ordnance, and alfo free of 
Punifliment in that Behalf; and they fliewed 
how they ought to be more cautious herein, for 
that Commiffionersdrew the firft Articles, which 
were now wholly broken, and thefe Articles were 
to be done by themfelves. 
* And this they fent from their Ships by one Mr. 
Bajfet Cole^ to be prefented a(hore to the Mar- 
quis UEffiat, at Dieppe, appointing the faid Mr. 
Cole to treat for a fpeedy Conclufion according to 
their Articles, who treated accordingly ; and the 
Marquis D^Effiat, to induce him to yield to his 
Ends, ftiewed him a Letter in French, figned by 
the Duke of Buckingham, whereby the Duke 
prom i fed his Endeavours to get the Marquis 
D'Effiat\ Turn ferved touching their Ships. 
' The next Day, v/s. July2i^ 1625, Mr.M- 

• cholas came on board the hieptune^ declaring in 

Q a * Writing, 



:>, 



r— - 



"^ :r. 






100 IheTarltamentary History 

Aii.*.chatle$i.* Writing, under bis Hand, how and why he was 

1626. * fent over by the Duke of Buckingham^ as before; 

* and craved the Captains and Matters Anfwer in 

* Writing, under their Hands, whether they would 

* conform to the Lord Conway* s Letter, and to the 

* Inftrument proffered at Rochejler^ for Delivery 
' over of the Ships, offering to procure them a fuf- 

* ficient Difcharge to their Contentment, 

' The fame Day Sir Ferdinando Gorges and the 

* reft, by Writing under their Hands fubfcribed, did 
' declare under their Hands as followeth, namelyt 

* That they were willing to obey our King, tsT^, 

* but held not the Security proffered at Rochejler by 

* the three Arabaffadors to be fufficient, tho* ho- 

* nourable ; and therefore they abfolutely refufed to 
^ * deliver their Ships upon that Security, defiring bet* 

* ter Caution in that Behalf, viz. 

1. ' By Merchants at Paris. 

2. * To be transferred to London. 

3. * Irrevocable. 

4. * And fuch as might not be protefted by Pre- 
rogative. And to have this under the Hands and 
Seals of both Kings. 

' All this while our King, or Body of the Coun- 
cil, knew nothing of any other Defign of the 
French^ than only of their Pretence againft Genoa i 
and believed that all the Articles or Inftruments, 
that had pafled between the French and us, or the 
Captains, Matters, and Owners of the EngUjb 
Ships, had been penned and contrived with full 
and good Cautions accordingly, for Prevention 
of all Dangers that might grow by the contrary. « 

* Alfo the fame aSih Day ofjuly^ 1625, ^he faid 
Captains and Matters, taking Notice of Mr. A¥- 
cholas's prefTing them to deliver their Ships before 
Security given them to their Content, contrary to 
former Propofitions, (v/hich they held unreafon* 
able) did make Anfwer to the Marquis UEffiat in 
Writing; That, untill they (hould have Security 
to their own Contentment, they would not quit 
the Poir. (lion of their Ships unto the French \ 

" aiMl* 



0/ E N G L A N D. loi 

and that they fent therewith a Valuation of their An.a.charleti, 
feveral Ships as they would Hand to. '^*^' 

* They likewife demanded a Performance of all 
Things, formerly fent to his Lordfhip from 
them by Mr. Nicholas^ (fave only for the Security 
by Money depofited,) faying, that for all the reft 
ihey durft not proceed otherwife. 

* Laftly, they prayed a prefent Anfwer, that the 
Delays in this Bufinefs might not appear to be in 
them. 

* But D^Effiat^ being confident upon the Duke of 
Budingham's Letter, Promifes, and Proceedings 
aforefaid, would not confent to the faid reafon- 
able Demands of the Captains and Matters of the 
Englijh Ships, protrafting the Time till he might 
hear further from the faid Duke out of England* 

* While thefe Things were thus in handling, 
both in France and in England^ there were writ- 
ten over, out of France into England^ Letters of 
Advertifement, (how, or upon what Grounds, or 
by what Arts and Means procured or occafioned, 
appeareth not yet) from one Mr. Larkin, a Ser- 
vant to the Earl of Holland^ and a kind of Agent 
or Perfon fome way employed by our Slate, or 
under fome of our Ambaffadors or Minifters in 
France ; that a Peace was concluded with thofe of 
our Religion in France^ and that within fourteen 
Days the War fhould break forth or begin in 
Italy^ with a Defign upon Genoa^ a Matter of 
great Importance for annoying the Spaniard, 

* This Letter of Larkin came to the EngVifly 
Court at Richmond^ the 2 8 ih Day of July^ 1625, 
when the Duchefs de Chevereux^s Child was there 
chriften'd 5 and the Contents thereof, as hath been 
alledged, were confirmed by the Ambaffadors of 
Savoy and Venice ; by the Advantage and Colour 
whereof the Duke of Buckingham drew the King 
(who all this while knev/ nothing of the Defign 
upon Rochelle^ or thofe of our Religion; but 
thought the former Articles had been fafe and 
well penned, both for him and his Subjeds* ac- 

G 3 * cording 



I o a The Parliamentary H 

An. «. Charles I.* Cording to the moft religious and politic Inten- 
1626. * tion and Inftruaions, on that Behalf originally 

* given by his late Father) to write a Letter, dated 

* at Richmond the fame Day, direfted to the faid 

* Capt Pennington^ to this Effefl, viz. 

His Majejiy doth^ by his faid Letter ^ charge and 
iommond the faid Capt, Pennington, without De^ 
lay^ to put his Majeflfs former Command in Exi' 
iution^for configning the Vant-Guard unto the Hands 
ef the Marquis D'Effiat, with all her Furniture , 
affuring her Officers his MajeJly would provide for 
their Indemnity : And to require the feven Merchant 
Ships^ in his Majeflfs Name^ to put themfelves into 
the Service of the French King^ according to the Pro^ 
mife his Majejiy hath made unto him : And further ^ 
in cafe of Backwardnefs or Refufal^ commanding him 
to ufe all forcible Means to compel them^ even to 
Sinking^ with a Charge not to fail 5 and this Letter 
to be his Warrant. 

* This Letter was fent by Capt. Thomas Wilbra^ 
ham to Capt. Pennington^ who was yet in the 
Downs. 

' In the Beginning of Augujl^ 1625, Capt. Pen^ 
ningto7i^ went over again to Dieppe^ carrying with 
him the faid Letter of his Majefty, and certain In- 
ftrudtions, in Writing, from the Duke of Buck^ 
ingham to Mr. Nicholas^ agreeable in Subftance 
to the former verbal Inftrudtlons, given by the 
Duke to him at Rochefter, as the faid Nicholas 
alledgeth; who alfo affirmeth. That in all 
Things touching that Bufinefs, he did nothing 
but what was warranted by the Duke's Inftruc- 
tions to him ; which, if it be true, then the 
Duke of Buckingham, who employed him, and 
commanded him herein, muft needs be guilty of 
the Matters (q adled by the faid Mr. Nicholas. 

* If there be any fubfequent AO: or Aflent of 
Council, orof fome Counfellors of State, for the 
going of thefe Ships to the French, or for putting 
them in their Power, it was obtained only for a 

' Colour ; 



Oj^ E N G L A N D. 103 

Cblour ; and was unduly gotten by mifreprefen t- An. s. chariei i; 
ing the Contents of the fealed Articles, and pre- '^*^« 
tending the verbal Inftrudlions to be the only 
true Subftance of the Contracts, Conditions, and 
Inftrudtions for his Service, and concealing the 
Truth ; or by fome other undue Means : Nei- 
ther can any fuch later Aft of Council, in any 
Sort, juftify the Duke's Proceedings j which, by 
the whole Series of the Matter, appear to have 
been indireft from the very Beginning. 

* About the Time of Captain Pennington^s co- 
ming over to Dieppe the fecond Time, Mr. Ni- 
cholas did, in his Speeches to the Captains and 
Owners of the faid feven Merchant SWps, threa- 
ten, and tell them, that it was as much as their 
Lives were worth, if they delivered not their 
Ships to the French as he required ; wliich put 
them in fuch Fear that they could hardly fleep : 
And thereupon two of them were once refolved to 
have come away with their Ships ; and becaufe 
the former Threats had made them afraid to re- 
turn into England^ therefore to have brought and 
caft their Ships in the Downs^ and themfelves, 
for Safety of their Lives, to have gone into Hd' 
land, 

* Capt. Pennington being the fecond Time ^ome 
to Dieppe^ there forthwith delivered and put the 
faid Ship, called the Vant-Gtiard^ into the abfo- 
lute Power and Command of the French King, 
for his Ufe, to be employed in his Service, at his 
Pleafure ; and acquainted the reft of the Fleet 
with his Majefty's Letter, and commanded and 
required them alfo to deliver and put their Ships 
into the Pofleffion, Power, and Command of the 
French King accordingly. 

* The Captains, Matters, and Owners of the 
feven Merchant Ships refufed fo to do ; as con- 
ceiving it was not the King's Pleafure they (hould 
fo do, without Security for Re-delivery of their 
Ships, or Satisfaction for the fame, ^c* to their 
good Contentment. 

* Herq» 



An* 2* Charles !• 



104 ne Tarliamentary HisroKY 

* Hereupon Pennington went afhore at Dieppe^ 
and there fpake with D^Effiat^ the Ambaflador ; 
and fhortly after returned on board, and gave the 
Captains, Mailers, and Owners an Anfwer, in- 
fifting upon the Validity, and urging the Per- 
formance, of the former Contraft madc'and per- 
fefted in England. 

* Then the faid Matters and Captains prepared 
to be gone, and weighed Anchor accordingly ; 
whereupon Capt. Pennington (hot at them, and 
forced them to come again to an Anchor, as 
yielding themfelves, for Fear, to his Mercy and 
Difpofal. 

* Upon this Capt. Pennington-, and the French^ 
men that now commanded the Vant-Guardy came 
aboard the Merchant Ships, and there propofed 
unto them a new Way for their Security touch- 
ing their Ships, namely, to accept the Security of 
the Town of Dieppe \ whereupon they all went 
afliore with Sir Ferdinando Gorges, wbo with his 
Ship, the Great Neptune^ adventured to come a- 
way, as not liking thefe new and unreafonable 
Propofitions. 

* At their coming alhore they fpake with Mr. 
Nicholas^ and there, by his Enforcement, came to 
a new Agreement ; to accept the Security of the 
Town of Dieppe upon certain hard Conditions^ 
as by the fame appeareth: Namely, 
< The faid Marquis D'^Effiat^ as Ambaflador Ex- 
traordinary in England, and as having Power by 
Deputation from the Duke De Chevereux and 
M. De Villadarey on or about the 6th Day of 
Jugujly 1625, did agree and promife to the (aid 
Mowyer^ Tench, Thomas DavieSj Dare, John 
Davies, and Lewen, as Captains and Owners of 
the faid Ships, called the Indujiry^ the Pearly the 
Marygold, the Loyalty, the Peter and John, and 
the Gift of God, then being in the Road of the 
faid Town of Dieppe, that the French King 
(hould give and fumifli to the faid Owners (they 
being prefent, and accepting it in that Town) 

* thia 



0/ E N G L A N D. 105 

this fiifficient Security, That, within fourteen Am s.Oiirkil. 
Days after the faid French King (hall be in Poflcf- *^*^ 
fion of the faid Ships, he (hould give fufficient 
Caution in London, for the Sum of 2 1 3,000 Li vres, 
whereat the faid Ships are eftimated, with all that 
appertaineth to them, as Cannon, and other Mu- 
nitions of War, to wit, 50,000 1, 

* And on or about the faid 5 th of Auguft^ 1625, 
the Commonalty of the faid Town of Dieppe en- 
tered into^ecurity, and bound the Goods of their 
Commonalty to the faid Englijh Captains and 
Owners, that the French King and his Ambafla- 
dor fliould furnifti the faid Security within the 
City of London^ for the Sum aforefaid. 

* On or about the 6th of Augujly 1625, the faid 
Marquis D'Effiat^ as well in quality of his being 
Ambaflador, as by virtue of his faid Deputa- 
tion, did, by a public A6t, promife unto the faid 
Mowyery Tench ^ Thomas Davies^ Dare^ John Da» 
vieSy and Leiuen^ to give and furnifh them (they 
being prefent and requiring it in the Town of 
Dieppe) fufficient Security in the City of Lon^ 
don^ within fifteen Days after the French King 
(hould be in peaceable PofTeifion of the faid 
Ships, for the Sum of 213,000 Livres Turnois^ 
whereat the faid Ships were valued ; which Se- 
curity (hould remain for AiTurance to pay every 
one of them the refpeftive Prices of their Ships, 
in cafe they fhould be loft in the French King's 
Hands ; with other Particulars in the faid Adl 
mentioned, without Derogation neverthelcfs from 
the Claufes of the faid Contraft of the 25th of 
March, 1 625. Albeit, becaufe the faid AmbafTa- 
dor had found it good now to difcharge the En^ 
gli/b Mariners out of the faid Ships, that therefore 
the Freight agreed on by the laid former Con- 
trafl (hould not be wholly paid, but only for the 
Space of the firft fi;x Months 5 yet, if the French 
King would ufe them for twelve Months longer, 
or for any lefs Time, that then he (hould pay 
Freight for the fame, according to a new and 

' par- 



Ao. 1. Charles I. 
1626. 



1 06 The Tarliamentary Hi s T o r r 

particular Rate and Manner exprefled in the faid 
Aft ; and bound the Goods of himfelf, and the 
faid DukeZ)^ Chevereux and M. De Filhciare^ for 
the Performance thereof; as by the faid Adl itfelf. 
Reference being thereunto had, amongft other 
Things, more fully appeareth. 
' This Aft being palled and recorded at Dieppe^ 
all the faid feven Merchant Ships (except the 
Great Neptune^ who was gone away in Detefta* 
rion of the Aftion intended by the French) were 
forthwith delivered into the abfolute Polfeflion, 
Power, and Command of the French King, and 
of his faid Ambaflador D'Effiat^ and other the 
Minifters and Subjefts of the faid French King, 
to be employed by him in his Service, at his Plea- 
fure ; and not one of all this Englijh Company, 
Man or Boy, other than only one Man, a Gun- 
ner, as it (hould feem, would ftay in any of thcf 
faid Ships to ferve againft the Rochellers^ or thofe 
of our Religion. 

' As foon as thefe Ships were thus delivered into 
the Pofleffion and Power of the French^ the &id 
Ambaflador moved them, and dealt earneftly 
with them, for the Sale of their Ships. 

* Mr. Nicholas^ at his coming from Dieppe^ re- 
ceived a Diamond Ring worth 50 1. and a Hat- 
band, fet with Sparks of Diamonds, worth 
100 Marks, of the Ambaffador, as a Recompence 
for his Pains taken in this Employment ; which, 
tho' it be an ufual Thing with an Ambaflador to 
confer greater Rewards fometimes, at their De- 
parture, on Perfons of Mr. Nicholas's Quality, 
for lefs Service done ; yet was it more than fo ill 
an Oflice, as he was employed in, could in any 
Sort deferve. 

* The faid Capt. Pennington returned fpeedily in- 
to England^ and took his Journey towards tho 
City of Oxford ; where the Parliament was then 
fitting, by Adjournment from /?^^/«//7/?^r thither ; 
and there feveral Propofitions were taken into 
Debate for the good of our Religion, and the 

* Supply 



Of ENGLAND. 107 

Supply of his Majefty's Occafions ; for the well- An. a.charleil. 
rcfolving and fettling whereof, the true Know- '^*^' 
ledge how and upon what Terms the feveral 
Ships aforefaid were fent, delivered, employed, 
and to be employed, was very requisite. 

* Afterwards, neverthclefe, on the 9th of Ju- 
gujiy 1(^25, at a Meeting and Conference held 
between both Houfes of Parliament in Chri/t's" 
Church' Hall^ after reading there his Majefty's 
moft gracious Anfwer to a Petition of the Lords 
and Commons, formerly exhibited unto his 
Highnefs, touching our Religion, and much for 
the Good thereof: The Duke of Buckingham well 
knowing all the Premiffes, which I have now re- 
lated to your Lordfliips, to be true, did not only 
cauteloufly conceal the fame ; but alfo moft boldly 
and untruly, by Colour of delivering a Meflage 
from his Majefty to both Houfes, did affirm unto 
them, touching thefe Ships, unto this Effedl, viz. 

* That it was not always fit for Kings to give Ac^ 
count of their Counc Is \ and that five A^nths of the 
fix were already paft^ and yet thefaid Ships were not 
employed againfilkocht\\t\ willing or advifing the 
faid Lords and Commons to judge the Thing by the 

Event ; to which he feemed to refer the Matter (i) : 
By which cunning Speeches the Duke intended, 
and accordingly did make the Lords and Com- 
mons then to believe, that the faid Ships were 
never meant, nor any way in Danger to be em- 
ployed againft the Rochellers^ or thofe of our Re- 
ligion in France : And herein he did great Injury 
and Diflervice to his Majefty, to the great Scan- 
dal and Prejudice of our Religion and Affairs ; 
and highly abufed and wronged both the Lords 
and Commons by th'is cautelous and fubtile 
Speech and Infinuation 5 and thereby gave them. 
Occafion to forbear petitioning or fuing to his 
Majefty for Redrefs in the Bufinefs while that 
the Time was paffed ; for the Ships were not 
then adtually employed againft the Rochellers^ or 

• thofi} 

(ij See Vol. VI, p. 39a, 



Ab. 2. Charles I. 
1626. 



108 The Parliamentary Hi s To r r 

thofe of our Religion, albeit they were then de. 
livered into the French King's Power. 

* And fome Time before the Parliament wa« 
diflblv'd, Capt. Pennington^ who could have o- 
pen'd the whole Truth of the Bufinefs, for the 
Service of the King and Realm, came to Oxford*, 
but was there drawn to conceal himfelf, by means 
of the Duke, and not to publifli in due Time hi^ 
Knowledge in the Premiffes, as was there fliortly 
after reported ; the Truth whereof the Lords, in 
this Parliament, may be pleafed to examine as 
they (hall fee Caufe. 

* The Parliament at Oxford being (hortly after, 
upon the 12th of the fame Auguft^ unhappily 
diffolved; in or about September 1625, the feid 
Ships were aflually employed againft the RocheJUrs 
and their Friends, to their exceeding great Prejudice 
and almoft utter Ruin ; the faid Ship, the rant- 
Guard^ doing them that Spoil, that it hath been 
faid by fome of the French^ that (he mowed them 
down like Grafs 5 to the great Difhonour of our 
Nation, the Scandal of our Religion, and to the 
Difadvantage of the great Afeirs of this King- 
dom and all Chriflendom. 

* That the Ships were in imminent Peril to be 
utterly loft, for want of fufficient Security : An4 

Jf they be come home fince this Parliament met, 
and long after the Matter was here propounded 
and taken into Examination, it may well be pre- 
fumed, that this has been done by fome underhand 
Procurement of the Duke, and fecret complying 
of the French with him, to colour out the Mat- 
ter ; which the Lords may examine as they fee 
Caufe, 

* The one, and only Englijbman^ that prefumed 
to ftay in one of the Ships and ferve againft thq 
poor RochellerSj of our Religion, at his Return 
was flain, in coming to charge a Piece of Ord- 
nance not by him well fponged. 

* In February laft, M. De la Touche having 
Speech with Mr. Thomas Sherwely a Member of 

' the 



Of ENGLAND. \o^ 

^ the Commons Houfe, at Salifiuryy as he wasAfl«a.Charletl. 

* coming up to Parliament and M. De la Touche '^*^* 

* going down into Somerfitjhire to Mr. John^ PoW'- 
^ huh to fee M. Soubife\ he told Mr. Sherwel in 

* the hearing of Mr. John Clement of Plymouth^ 

* who is now in Town, the Words that the Duke 

* had fpoken unto him the laft Summer touching 

* thefe Ships ; and thereupon ufed thefe Words, 

* Ce Due eft un mechant Homme. 

Here he ended his Narratve, and then proceeded 
thus: 

My LordSy 

PON this whole Narrative of the Fa(a:,Mr.GitnviUe'f 



u 



_ touching the Matter of Delivery of ihefe^P^^^^^^- 
Ships to the French^ divers Things may be ob- seventh and 
ferv'd, wherein the Duke's OflFences do confift. Eighth Articl«> 

* I. Betraying a Ship of the King's Royal Na- 
vy into a foreign Prince's Hand, without good 
Warrant for the fame. 

f z. The difpofleffing the Subjefts of this Realm 
of their Ships and Goods by many Artifices and 
Subtilties ; and, in concluiion, with a high Hand 
and open Violence, againft the Goodwill of the 
Owners. 

* 3. In violating his Duty as Lord Admiral 
and Guardian of the Ships and Seas of this King- 
dom* 

* 4. In varying from the original good Inftruc- 
tions, and prefuming to give others, of his own 

Head, in Matters of State. ^ 

* 5. In violating the Duly of a fworn Privy- 
Counfellor to his Majcfty. 

< 6. In abufing both Houfes of Parliament, by 
cautelous Mifinformations, under colour of a 
Meffage from his Majefty. 

* 7. In difadvantaging the Affairs of thofe of 
our Religion in foreign Parts. 

' Offences of a high and grievous Nature! For 
the Proof of fome Paris thereof, which are not 

* the 



An. 1. Charles I. 
1626. 



110 The Parliamentary Hi s TO r r 

the leaft, I offer to your Lordfliips Confideration 
the Statutes of 3d and 4th of Edward VI. touch- 
ing the Duke of Somerfety wherein it is recited. 
That, amongft other Things, he did not fuflFer 
the Ports called Newhaven and Blackneft^ in the 
Parts beyond the Seas, to be furniftied with Vic- 
tuals and Money ; whereby the French were en- 
couraged to invade and ruin the fame : And for 
this Offence, amongft others, it was enafted. 
That a great Mafs of his Lands fhould be taken 
from him. And if Nonfeafance in a Matter tend- 
ing to lofe a fixed Caftle belonging to the King, 
be an high Offence 5 then the adual putting of a 
Ship Royal of the King's into the Hands of a 
foreign Prince, which is a moveable or more ufe- 
ful Fortrefs or Caftle of the Realm, muft needs 
be held a greater Offence. 

* I forbear to cite more Precedents of this kind, 
becaufe fome of thofe Gentlemen that have gone 
before me, have touched on divers Precedents of 
this Nature, which may be applied to this my 
Part: Only becaufe the Abufe of the Parliament, 
which is the higheft Council and Court of State 
and Juftice in the Realm, is not the leaft Offence 
in this Bufinefs ; I {hall defire your Lordfliips to 
take into your Confideration the Statute of Weji^ 
minjier the Firji^ Cap, 29. whereby fuch as feek to 
beguile Courts of Juftice are to be forejudged by 
the fame Court, and puniflied as by that Statute 
appeareth, 

* And thus I humbly leave myfelf to your Lord- 
fhips Favour, and my Lord Duke of Buckings- 
ham to your Juftice. 

Then the Earl of Bridgewater added. 

My Lords, For my Part^ I muft cravi your Par-- 
don for having been fi long troublefome to your Lord^ 
/Inps ; but being to deliver unto you the Words of am-- 
ther Man^ Izvas of Necejfity to report the fame ta 
your Lordf)ips^ which I have done^ by reading them 
Hnfo you as ivcll as I ccukl out of thefe Papers. 



Thefe 



0/ E N G L A N D. in 

Thefe four Lords having ended their Reports An. 2. Charles !• 
of thus much of the faid Conference, and the *^*** 
Day being far fpent, the Houfe adjourned to the 
15 th. 

Accordingly on that Day the Lords appointed 
to make Report of the Conference with the Com- 
mons, held the loth Day of May^ in the Fore- 
noon, proceeded therein. 

The Earl of Devon/hire began, and reported 
his Part thereof in this Manner. 

May it plcafe your Lordftiips, 

Seeing you hofije been pleased to lay this Burthen 
upon me^ it is my Duty to obey your Commands \ and 
1 Jhail endeavour^ as near as I can^ to render unto 
your Lordjhips what was fpoken by the fifth Gentle- 
man from the Houfe of Commons ^ at this Conference ^ 
which now is my Duty as a Reporter. And not daring 
to truji my own Memory^ 1 JhalU with your Lord* 
/hips Favour^ as my Lords that have gone before me^ 
take Jjjijiance from my Notes. 

Mr. Sherland began thus : 

My Lords^ 

* T T hath plea fed God, who hath the Events Mr. Shcrhnd's 

* JL and Iflue of all Things in his difpofing, by Speech in Sup- 

* Sicknefs laid on a Gentleman who (hould iiavej^j*^^,^!^*^''"'^ 

* performed this Part (i), and much more, I doubt 

* not, to your Lordfhips Contentment ; to caft 

* this Tafk upon me which I had formerly declined, 

* out of the Confideration of the Importance of this 

* Bufinefs, the Greatnelsof ihis Prefence, and my 

* many Defeds, bed known to myfelf. 

* But, fince, by the A£l of God, this Neceflity 

* on fuch a fpddcn is impoicd upon me, and that 

* I am fnatch'd as a Bu(h to Itop a Gap j I hope 
' your Lordfhips will not expedl from me that 

* Compofure, that Fulnefs, thatStrengih of Speech, 

* which 

(k) Mr. Sberbnd was appointed to aA, upon the IndUpofitioo ot 
Mr. iVbitby. See before p. 38. 



Aa«s« Charles 1. 



1 1 a The Parliamentary Hi s TO k y 

which you have had from my Companions that 
went before me : For in thefe Straits of Time 
I fhall, though plainly yec faithfully* as near as 
I can, according to the Senfe of that Houfe fropi 
which I receiv'd my Command and Dire£tion a- 
bout this Service, open and enforce th'is Part of 
the Charge which now falls to my Share. 

* The particular Articles which fall to my Loj 
are concerning Honour and Judicature^ two prime 
Flowers of the Crown ; whereof I, being a poor 
Commoner, acknowledge myfelf moft unfit to 
fpeak, in the Prefcnce of fo many great Perfons 
of Honour, and of the fupreme Judges of this 
Kingdom. 

' But 1 am commanded from the Houfe of 
Commons to fay, that as your Lordfhips, tho* 
in a higher Sphere, yet are pleafed fo far to de- 
fcend as to be fenfible of thofe Things which 
afflidl and grieve the Commoners and Common- 
Wealth J fo we hope it will not be accounted 
Prefumpiion in us to fall into Confideration of 
fome of thole Things, which may feem, at the 
firft, more nearly and immediately to concern 
your Honours. 

* And yet I muft further let you know, that the 
mean Part of the Charge, concerning Honour^ if 
well obferved, toucheth the Commons as direct- 
ly, if not more nearly, in Point of Liberty, than 
it doth the Peers in Point of Dignity ; as you 
(hall now perceive. 

* Here, my Lords, I muft delire that the ninth 
• Article may be read. 

IX . Whereat the 7itles of Honour of this Kingdom 
of England were wont to be conferred^ as great Re- 
wards, upon fuch virtuous and indufirious Perfms as 
had 7jjerited them by their faithful Service ; the faid 
Duke^ hy h's importunate and fubtile Procurement^ 
hath not only perverted that antient and honourable 
Way, - •■ - ' - 

he hat/: 



tui umy jji-r ytr icu irjut mmtiu una rjuuuuiuffig 

but alfo unduly^ for his own particular Gain^ 
1? enforced fome that zverc rich (tho' unwiUing) 



t» 



Of ENGLAND. 113 

io fur chafe Honour: As^ The Lord RcbzrtcSj Baron An. t^CkaOm^ 
of Truro, tvhoy by PraJfiJe of the faid t)uke and bis i^»«. 
Agent Sy was drawn tip to Londoot in or abokt 0£to- 
ber, in the two and twentieth Tear of the Reign of 
the late King James of famous Memory^ and there Ji 
threatened and dealt. wtbaUy that by reafin thereof 
he yielded to give^ and accordingly did pay the Sum of 
io,oooA to the Jafd Ditli^ and to his We: For 
which faid Sum^ the jaid Duke^ in the Month of 
Janusr/t in the two and twentieth Tear cf the faid 
late Eng^ procured the fltit rf Baron Robartes of 
Truro, to the faid Lord Ko^xlt^. In which Prac* 
tice^ as the faut'LordRdb2ittt3 was much wronged in 
this Particular^ Jo the Example thereof tendeth to the 
Pr^udke of the Gentry^ and Dijbonour of the NoH- 
Rty of this Kingdom. 

The ninth Article being read, Mr. Sherland went 
on thus : * 

^ The Parts of this Charge, as your Lordftips 

* may perceive, are two. 

* The firft more general, That this great Duke 

* hath perverted the antient and honourable Way 

* of obtaining Titles of Honour. 

* The fecond, that, for his particular Gain, he 

* hath enforced fome unwilling to purchafe Ho* 

* nour. 

* And for the firft I mull (ky, by way of Prq- 

* teftation. That the Coo^mons repine not at any 

* Man lately advanced to Honour : They think 

* them not unworthy of it, but for their o^K^n Sake, 

* and the Honour of the State, they wiflx their 

* Virtues and Defertu bad folely raifed them there- 
^ unto; without attributing it to this bottomlefi 
« Gu][*. 

' 7'hey complain only againft the unworthy 

* Way to Honour, brought in by tjais great Man, 

* for bi^ own Lucre, and to the Diminution of" 

* that high Refpeft due to the antient and virtuous 

* Nobility of this Kingdom. 

* They fell upon it in this Manner, in theif 

* Diiquifiiion of the Evils which the State at prefent 

Vol. VU. H buffers j 



1 1 4 The Tarrmmentary History 

4to.4.qiiark8i. < fufFers; and thefe they reduced to two general 
'^^- • Heads. 

* I. Stoppage and Decay of Trade. 

* II. Diminution of the Honour and Strength 

* of the Kingdom. 

*• In their Enquiry touching the Caufes of the 

* Diminution of Honour, they pitched upon the 

* Introduftion of this new Trade and Commerce 

* of Honour. 

^ That this Trade hath been cxercifed by this 

* great Man, hath fallen from himfelf : You all 

* had him confitentem Reiim \ only he endeavoured 

* to ftave off the Odium of being thefirft Beginner 

* of it. 

' All which notwithftanding, the Houfe of 
^ Commons ftill conceive that Honour was a Vir- 

* gin undeflowered ; at leaft not fo publickly pro- 
' ftituted, before the Times of this Man; who 

* makes account that all Things, all Perfons, 

* (hould ftobp and fubjedt themfelves to his loofc 

* Defires and vain Fancier, 

* In vievi^ing over the Article bit read, I will 

* fhevv, 

* I. That the Sale of Honour is an Offence. 

* 2. What Offence, and of how ill Confe- 

* quence it is. 

' For the firft, my Reafon fliall be drawn from 

* the Nature of Honour. 

* Honour is an immediate Beam of Virtue, and 

* therefore can no more, by a Price, be fixed upon 

* an unworihy Perfon, than Fire can be ftruck 

* out df a Stick 

* Secondly, for the Subjeft of Honour, about 

* which there is Controveriy among the moral Pfii- 

* lofophers; that Matter of Learning, AiiftotU^ 

* concludes it to be in homrante mn in honor ando. 

' Now it is not the Price paid to a great Man 

* for a Title, that can procure Honour and Re- 

* gard from others, but his own noble Parts. 

* Thirdly, from the Comparifon of Honour, 

* with the Price whereat it Is let. 

* There 



Of ENGLAND, iij 

* There are two Sorts of Inheritances, one ^^^^ An.%.chu\»U 
and terreftrial, viz. Land, for which the refin'd ' i6s6. 
white and yellow Earth of Silver and Gold is 
equivalent. The other, namely. Honour, is a 

fpiritual, fublime Inheritance ; to which no earth- 
ly Price can be anfwerable, which to clear fur- 
ther, the Civilians divide all Prices thus : Omne 
Pretium veleji ex Natura Ret vel ex Lege. 

* For the fecond, there was never any Nation 
fo barbarous, as to aflefs a certain Price tor Titles 
of Honour. 

* For the firft, there muft be fome Proportion 
between the Price and the Thing appraifed ; and 
where this is not, there can be properly and na- 
turally no Sale of Things ; and therefore in thb 
Rank of Things not vendible, the Cafuifts place 
thefe three Sorts of Things, i. Res inejlimabiles. 
2. Res facTie et divina. 3. R£S pr$ publico Ufum 

* I. Honour is above all Eftimation, and there- 
fore may well be refembled to Liberty, of which 
the Civilians have a Saying, Libertas eft ineftima- 
bilis: So Honour certainly tranfcends all Price 
and Valuation. 

* 2. Honour is facred ; She had a Tenyjle dedi- 
cated to her among the Romans ; nay, I can de- 
rive it from Heaven, at leaft by way of Refem- 
blance, upon the Authority of Scripture : Kings 
are therein ftilcd Gods ; and therefore, by a good 
Analogy, our Barons, Vifcounts, and Earls, may 
well, as in a Type, expre6 the Principalities, 
Powers, and Dominions in the Angelical Hierar- 
chy, that encompafs more nearly the Divine Ma- 
jefty, and attend his Throne. 

3. * Honour is a public Thing, and ought to be 
conferred as a Reward of public Service and De* 
fert ; according to Ariftotle in his Rhetorics, Ho- 
nor pro PramiodanduSy non Premium pro Honor e. 

* For the Quantity and Quality of this Offence, 
it is greater and worfe than it may feem at iirft 
BUifh, if the ill Adjunfts and Confequents of it 
be well coniidered. 

Ha I. at 



An. 2. Charles I. 
i6a6. 



16 The Tarlicmentnry Hi s TO k Y 

r. * It foils the moft beautiful Flower of the 
Crown, and makes it vile and cheap in the Eyes 

of Lookers-on. 

2. ' It ukes away from the Crown one fak and 
frugfil Way of rewarding great aivd deferving 
Servants ; who will never be fatisfied with that 
which they find fo much flighted, and fo eafiy 
purchafed. 

3. Mt is the Way to make Men mote fiudious 
for Lucre than Virtue. 

4. * It fhulHes, promifcuoufly and confufedly to- 
gether, thofe of the inferior Alloy Virith ihofe of 
the pureft and moft generous Metal. 

5. ^ It is a prodigious Scarulal to this once &* 
mous Nation. 

* For Example or Precedent of like Sort* I am 
confident there is none. I am confident ycur 
Lordfhips look for none ; think there is none. 

* Now is a fit 5eafon to make a Precedent of tbis 
Man ; who, being lately raifed to a tran/cendept 
Height, thinks he cannot (hine blight enough un- 
lels he dim and cloud the reft of his own Sphere ; 
and render your Honour contemptible by the 
Commoner* and Salablenefs of it. 

* Yet hath this great Man gone one Stq> of 
Unwortbinefs further. He not only fets Titles 
of Honour to Sale, buy that will, and awards to 
his Agent a Venditioni exponas for them ; bat hath 
compelled others that were modeft, and coal* 
have been contented to remain among their own 
Ranks, to take them at a Price fet by himfelf, 

* For a particular Noble Gentleman named in 
this Ariicle (/j, I am commanded to fay of him, 
as Tacitus did pf Galba^ Dignus imperare ft nw 
imperajjet: So this Man might have well come to 
this Honour, fo it had not been this Way ; and 
in that we impute no Blame unto him, bur that be 
did it ad redimendam Fexationem-, but the Com- 
mons think there may well be made the fame Di- 

* ftinaion 

(I J The Lord Roiartgs, Baron of Trurc, whofe Son was crested 
X^KOvnt fi94ftytt, and Earl of Madnor by King Ckar/et Ih 



C/ E N G L A N D. 117 

ftinftion between him and Ac Great Man, which An, a.charfcii. 
Difines make between the adUve and paffive '^*^* 
Ufurcr; they condemn the aftive, but fpeak fa- 
vourably of the paffive. 

* For the Matter itfelf, it feems very ftrange to 
the Hottfe of Commons, that this Great Man, 
who is taken Notice of to be the principal Pa- 
tron and Supporter of a Semi-pelagian^ Semi'popijh 
Fa£Hon, dangerous to the Church and State, 
lately fet on Foot amongft us, (who amongft 
other Things, hold a modified Freedom of Will 
in divine Things, and a Power and Liberty in 
a Man to receive or refufe divine Grace, offered) 
that this Man, I fay, fhould be fo incongruous, 
and fo far depart from his Principles, as to deny 
a Man Freedom of Will in moral Things ; and 
impofe the Neceffity of receiving the Grace of a 
King in a Title of Honour whether he would or 
no : What is this but to add Inhumanity to Op- 
prcflion, Injury to Incivility ? 

* But here it is fit I anfwer a Precedent or two 
in our Law, of compelling Men to take Titles 
and Places upon them. 

^ In the 5th of Ibrtry V. Martin BabingUn^ 
and divers other learned Men, had Writs deli- 
vered to them to be Sergeants ; upon which, out 
of their Modefty and Love of Eafe, they refufed 
to appear : But, upon the Charge of the then 
Warden of England^ they, after a long Day gi- 
ven, appeared and took the Degree upon them. 
There is alfo a Writ in the Regijler to compel 
Men, in fome Cafes, by reafon of their Tenure; 
and, in others, by reafon of the Quantity of 
their Land, to come in and take the Degree of 
Knighthood. 

* To thefe I anfwer, That it is the Wifdom and 
Policy of the Common Law, as appears in thtfe 
Precedents, to draw Men in that are fit, though 
otherwife backward out of Modefty and other 
refpedls, to take on them thefe Degrees and Dig- 
nities, which draw along with them the Burthdi 

H 3 'of 



1 1 8 The Parliamentary HisTon y 

An. a. Charles I. « of Service and A6lion in the Common-Wealth, in 

i6i6. ( ^i^g Tiroeof Peace and War, for the Public Good: 

' But that any Man (hould be enforced by a private 

* Subjeft, for his private Lucre, to take a Title or 

* Degree upon him againft his own Liking, is 
' without all Example, againit all Law, and of 
' dangerous Q)nfeguence. 

* For a Man of great Power may as well, nay 
' better, compel a Man to buy a Piece of Land of 

* him, or fell a Piece of Land to him at his own 

* Price ; he may enforce a Man to take a Wife 

* with what Portion he pleafeth, ^c. And wiwt 

* is this but to let in upon us an encroaching fub- 

* altern Tyranny of a Subjed, under a moft wife, 

* moft gracious, and moft moderate King. 

Then he defired that the tenth Article mrght be 
read. 

X. Whereas no Place of Judicature in the Courts 
of Juftice of our Sovereign Lord the King^ nor etber 
like Preferments given by the Kings of this Ri$lmj 
ought to be procured by any Subje^ whatfoever fw any > 
Reward^ Briber or Gift, he the foid Duke in er. 
about the Month ^December, in the eighteenth Tear 
of the Reign of the late King James of famous Afe-. 
mory, did procure of the /aid King^ the Office of High 
^reafurer of England to the Lord Vifcount Mande- 
ville, now Earl of Manchefter (m) ; which Office^ 
at his Procurement^ was given and granted accord^ 
inglv to the Lord Vifcount Mandeville : And^ as a 
Reward for the /aid Procurement of the fame Grant j 
he the faid Duke did then receive to his own Vfe^ ef 
and ft cm the faid Lord Vifcount Mandeville, the 
Sum of 20,000 /. of lawful Money of England. 
Jnd dfo in or about the Month of January, in the 
fmeen'th Year of the Reign of the faid late King^ did 
procure of the faid late King^ of famous Memory^ 
the Office of Matter cf the Wards and Liveries {«), 
to and for Sir Lionel Cranfield, afterward Earl of 

Mid. 

{m) See Vol. V. P 381, and 476. Alfo Vol. VI. P. 96. 
(n) Sec tl^c Prucecdings againft this Peer in Vol. VI. p, 13^ 



Cf ENGLAND, up 

Middlefcx, which Office was^ upon the fame Pr^. Aa.a. c^fcal 

curement^ given and granted to the [aid Sir Lionel ' 

Cranfield : jtnd^ as a Reward for the fame Pro- * 

curementy he^ the faid Duie, had^ to his own Ujfe^ 

or to the Ufe ^ fome other Perfon by him appointed^ 

of the faid Sir Lionel Cranfield, the Sum of 6000 L 

of lawful Money ^England, contrary to the Dignity 

of our Sovereign Lord the King^ and againji the 

Duty tbatjbould have been per formed by the faid Duke 

unto him* 

Thb being alfo read^ Mr. Sherland went on again 
thus : 

* My Lords, Before I enter upon this, I muft, jvf,. shcrlwd't 
as I did in the other Precedent, fay fomewhat Speech upon the 
by way of Proteftation. tenth Artidc 

* Firfiy From the Houfe of Commons, I am 
diredted, to the Honour of the King's Majefty, 
and all our Comforts, with humble Thankfulnefe, 
to acknowledge. That fince his happy coming to 
the Crown, there have been as many of eminent 
Parts, Learning, and Integrity, preferred to the 
Seals of Juftice, and other Places of Truft, as 
ever were, in fo (hort a Time, in any King's 
Reign. 

* Nexty Concerning the firft great Lord named 
in this Article laft read, there is no Intention of 
any Reflection upon him ; we think his own 
Deferts might well have raifed him to that high ' 
Office, without any other Price ; and might have 
continued him longer in it too, if he had not 
been (huffled out by fome that ftiuffled and cut 
all in thofe Days. 

* For the Thing charged in the laft Article, viz. ' 
the Sale or Procurement of judicial Places and 
other Offices of Truft for Money, This is an 
Offence fo clear, that to fpend Time in proof of 
it, were all one as to go about to make Glafs 
more tranfparent by painting it. 
' I will take the Ground of what I (hall fay iipon 
this Subjfifl from Magna Cbarta^ Cap. 29. thefe 

' Words^ 



1626* 



Wbrdsy NulB vmdimusj nulli nigabimus, tuM 
dijfer^mus JuftHiam. This^ as you fee, is fpokeo 
in die Perfon of the King, in the Behalf of bkn 
and bis Succeflbrs; be therefore that abufes bis 
Favour and Power with bis Majefty to procure 
Places of Judicature unto others, tor Monqr, 
doth, as much as in him lies, make the Kiog 
break his Word with the People. This will ap- 
pear more clearly by looking into the other Farts of 
diat Claufe : For if any (hould procure the King 
to leave the Seats of Juftice empty, and make no 
Judges, or to delay the Supply ot vacant Rooms 
of Judges, when their Service might be requifite 
for the Adminiftration of Juftice ; I think there is 
no Man but would fay. Magna Charta were in- 
fringed ; So is it certainly in the other Part tOi, 
when tbofe, thro' whofe Lips and Hands Juftice 
is to run, are put to buy their Places ; for it can- 
iK)t but foUoW) and it muft be expe&ed, that 
they that buy muft and will fell again, to asake 
thdr own up with Advantage. 
^ Hence iprung the Refolution of AUxandir Si» 
verus, which Lampridius mentioneth in his lMt% 
Non patiar Mercatores Pideftatem^ quot^ fi paiiar^ 
damnare non poffum ; eruU[co enim punirg 4um 
Jhminem qui mit ^ vendit. 
^ The ill Confequence that muft needs follow 
upon the Sale of Places of Judicature, an.d other 
Offices of fpecia! Truft, are thefe, 

1. * Unworthy Men fliall always, or for the 
moft part, fupply great Places ; becaufe, being 
confcious to diemfelves of their own Want tif 
Worth, they muft need hold themfelves obliged 
to fupply that with a greater Weight of Gold, 

2. ' Contentions, Quarrels, and Suits will be che- 
i;i{hed and lengthened out by their Means that fit 
on the Seat of juftice ; fince that works for their 
Profit : And they think they do well, omnibus Fiis 
tf Modis, Co make it a good Bargain. 

3. * Men will far more endeavour to break their 
Brain to get Money, than Learning and Suffi- 
ciency. 

4- * Thef^ 



Of E N G L A N D. lat 

4. < Thofe thtt faaTc the beft Purfes, tbo' thcAn.s.cbifcti. 
worft Caufe, fliall find the befk Meafure in the '^^* 
Courts ef Jaftice. 

5. < The great MeOt that fell Places and Offices 
to others, muft and will mamtain the undue Ex- 
adions and Extortions of thofe whom they have 
(o nufed i both becaufe they are their Creatures, 
as alfo for that the more the Gain is increafed, 
the greater Fine muft be paid the next Vacancy 
by their Succefibrs. v 

6. ^ If good and able Men, by fome fpecial Pro- 
vidence, be placed at any Time in fome eminent 
Offices, Quarrels will be pick'd, and fome Faults 
found or made in them ; that, by their Difplacing, 
Way may be made for fueh as fbnd ready with 
their Moiley in their Hands to leap into the 
Saddle, and who wUl be more dependent. 

* Upon thefe and the like Reafons, moral Hea- 
thens have given fpedal Caveats, and made Laws 
againft this Offence. Jriji. 5. PoSt, Cap. 8. Ca- 
vendum ejl in Rebus^ ne Lucrum ex Magijiratu 
bus prwemat. And the feme Author, 3. Polit. 
Cap. 3. j^d Tbebams Lex eft^ ut Nemo baHtis 
effet ad Munera Re^blUa fufcipieadum^ mfi^ per 
decenmum^ a Mercatura dejiit^et, 
^ The Civilians and Cafuifts, defcainting upon 
this laft Law of the Thebans^ (hew the Beafons 
of it to be double: fiecaufe the Merchant's 
Trade confifts wholly in buying and felling in the 
Comp^iesof Merchants ; and he is thought the 
beft Merchant that can gain moft : Tl»efore, 
if tb»!e flioutd not ke fame good Time United, 
vrtsetein they mi^t have Ldfure to forget their 
fompftr Courie of Life ; it is feared they would, 
even in Places of Jjudicature, walk in the fame 
Ways they did when tbey were Merchants ; and 
itil Juftice, thinking him the beft Judge thkt 
could make moft of his Place. 
^ I may well brmg in the Pepes next to the 
Pagans 9 aGenoation none of thepureft (I may 
(afdy fey) &Qm Comi^tioa ; yet even they have 

• fhcwe4 



laa The Parliamentary History 

AB.s.Chariesi.< fhewed their Diflike and Deteltation of this foai 
'^*^* * and hateful Offence. 

* In the fecond Tome of the Papal Conftituiicm 

* there is a Bull of Pm ^intm^ wherein he inflids 

* the Penahy of Confifcation of Goods upon him 

* that buys either an Office or Dignity, which hath 
^ Jurifdidtion annexed ; znd2iddsCondemnamus tarn 

* ambitiofas Pecuniarum hujufmodi Receptotes^ quam 

* hujufmodi Siipulatores. 

* Gregory XIII. hath fomewhat in his Extra^ 

* vagants to the like Purpofe, in a Title, De Da-^ 

* th ^ PromiJJis pro Gratia & Jujfiiia^ apud Sedem 

* Apoftclicam^ obtinendis, 

* And now, to come nearer home, to the Judg- 

* ment of former Parliaments ; which, I imagine, 

* will chiefly weigh with your Lordfhips. 

* I defire you, firft, to obferve. That the Statute of 

* 5.and 6. Ediu, VI. Cap. i6. formerly cited in this 

* Place, is not introduilive fimply of a new Law, 

* but only declarative of the antient Common 
^ Law. 

* Next, that the felling, as well as the buying* 

* of Offices of Truft, is an Offence condemned by 

* the exprefs Letter of the Law. 

* And, laftly, that, by the Preamble, it appears, 

* that the Parliament did then conceive, that the 

* fame Offence caufed two great Inconveniences : 

1. * Corruption of thofe that execute the Places 

* obtained for Money : And 

2. ' Hinderanoe of Men, meet to be advanced, 

* from their due Preferment. 

* In the 2d and 3d Edward VI. in the Duke of 

* Somer/efs Cafe, one of the Offences, for which 

* he was adjudged by Parliament, appears, by the 

* Record, to have been the difpofing of Offices in 
' the Common- Wealth for Money. 

* And it is undoubtedly moft juft, that thofe 

* that will ftile themfelves Patriots and public Per- 

* fons ; and yet (hew, by fuch Practices as thefe, 

* that they aim at their own private Avail, and not 
^ the Public Good, in the equal and free Diftribur 

* tion 



0/ E N G L A N D. laj 

* tion of Juftices fhould return back into tbe pu*Ao.s. CWnK 

* blic Trcafure of tlie King and Kingdom, "wbal, '^ 

* their avaricious Thirft hath gathered and heaped 
' together. 

' And fo, humbly craving Pardon of your Lord- 
' {hips for my Boldnefs, and the tumultuary Con- 

* fiifednefs of my Speech, occafioned thro' Want of 

* due Time for my Preparation for this Work ; I- 

* leave myfelf to the Judgment of your Favour 
^ and Charity, and this great Lord to the Sentence 

* of your Wifdom and Juftice.' 

The Earl of Devon/hire added. For Wffelf^ my 
Lords J I crave your Pardon^ if I have not jo exactly 
reported this Speech as my Lords that went before me 
have done theirs^ 

Next the Earl of Clare reported his Part of the 
Conference on this Manner, viz. I will leave no- 
thing out^ 1 will add nothing. The fixth Gentleman 
[poke thus : 

My Lords J 

* T Am fully convinced, that Want of Oratory Mr. Pynune*! 

* X ^'11 ^ °o Difadvantage to thb Caufe; forSpMcfainropport 

* your Lordlhips are fuch Judges as will proceed to^^^'*^'*"*'^ 

* the Proportion of Matter, and not meafure 

* Things by Art or Expreflion : 1 fliall therefore 

* fall to the Matter, your Lordlhips Time being • 

* fo very precious/ 

Then he read the Eleventh Article. 

XI. ^Tbat he the /aid Duke hathj within thefe ten 
Tears laji pajij procured divers Titles of Honour to 
his Mother^ Brothers^ Kindred and Allies ; as^ the 
Title of Cmntefs of Buckingham to his Mother^ 
while Jhe was Sir Thomas Compton'j PHfe ; tbe 
Titles of Earl of Anglefey to his younger Brother^ 
Chriftopher Villiers ; the Titles of Baron ^Ncwn- 
ham Padocks, Vifcount Fielding, and Earl ^Den- 
bigh, to his Sijfer's Hufband, S?r William Fielding ; 

tbe 



1 24 Th&Tarrtatnentary History 

tkik.t>^\n\jheTitks rf Barm df Stoak and Vifcwnt Purfaeck, 
xw. to Sir John Villiers, elder Brother unto the /aid 
Dtdte ; and divers more of the like Kind to bis KSn- 
dred and Allies ; whereby the noble Barons of Eng- 
land, /& well deferving in themfehes^ and in tbrir 
Jmejtors^ have been much prejudiced^ and the Crown 
dtfemed to reward extraordinary Virtues in future 
Hmes with Honour ; while the finall EJlates of ttefi 
for whom fiuh unneceffary Advancement hath been 
procured^ are apparent fy lUely to be more and mere 
burihenfome to the JSngy notwithjianding fiuh an- 
nuities^ Penftons^ and Grants rf Lands annexed to 
the Crown^ of great Value^ which the faid Dnh 
bath procured for thoje bis Kindred^ to fupport tbe^ 
their Dignities {0). 

* My Lprds, the Matter of Fadt needs no Proof, 

* being fo notorious ; and therefore I fhall infift only 

* upon the Confequence which made this Fadt of 

* the Duke's a great Grievance in the Common- 
^ Wealth; and conclude with ftrengthentng the 

* whole with fome Precedents. 

• Every Offence prefuppofes a Duty ; The firft 
^ Work is to fhew the Duke was bound to do 

* otherwife ; 1 need to alledge nothing elfe» |ut 
f that he was a fworn CounfHlor and Servant Co 
^ the King ; and fo ought to have preferred hi^ 
^ Mafter^s Honour, and Service before his own 
S Pride, in ieeking to «iot>le his own Relations. 

* There are fome Laws peculiar, according to 

* the Temper of feveral States ; there are other 

* Laws that are co-eflential and co-natural with 

* Government, which being broken, all Things 

* run into Confuiion. 

• Such is that Law, of fupprefling Vice arnl en- 

* couraging Virtue by apt PunHhments and Re- 
< wards. 

• Who- 

fc) Id ttt/fikwort^^ are only the JW//>/ Letters of ftrrn of the 
Fer/cm and Tkks, meatione^ under the 9th^ loth, and iitfa Ai> 
deles : Prob^ly for fear of fiving Offence to particular FamUies 
at thatXixnfc ! — But thefe arc fupplied here from the Lords Jttur^ 



Of ENGLAND. laj 

^ Whoibever moves the King to give Honour, Aa« %> Ghida L 
^ which is a double Reward^ binds himfelf to .^^ 

* make good a double Proportion of Merit in that 

* Party that is to receive it ; the firfk of Value and 
^ Excellency j the fecond of Continuance. 

< As this Honour lifts tbem above others> fo 

* fhould they have Virtue beyond others: And 
^ as it is alio perpetual, not ending with their 
*. Perfons, but depending upon their Pofterityi 
*, (o there ought to be, in the firft Root of this Ho- 
' nour, fome fuch active Merit to the Commoni' 

* Wealth as may tranfmit a vigorous Exampte to 
^ ^tbeir Succefibrsy to raife them to an Imitation of 

* !thfi like. 

* I forbear Refleflions on thofe Perfons to whom 

* this Article collaterally relates ; fince the Com« 

* mands 1 have received from the Commons con- 

* "otiti the Didce of Buoklngham only : I fliall there- 
< fore leave the Rrft Pobt concerning the Offence^ 
^ and come to the next Point, viz, the Grievance, 

* which* in the Articles, isexprefled in three Re- 
' fpedts. 

' /»/?, Prejudicial to the Noble Barons. 

* Secondly^ To the l^ng, by difabling him from 

* rewarding extraordinary Virtue. 

* Thirdly^ To the Kingdom, which compre- 
^ hends all. 

* Firjf, It is prejudicial to this high Court of 

* Peers. I will not trouble your Lordfiiips with 

* Recital, how antient, how farnous, this Degree 

* pf Barons hath been in the Wefterri Monarchies. 

* I will only fay. The Baronage of England haih 
^ upheld that Dignity, and doth conceive it in a 

* gr«cr Height than any other Nation. 

* The Lords are great Judges, a Court of the 

* laftRefort; ibey are great Commanders of State, 
^ not only for the prefent, but as Lawmakers andi 

* Counfellors for the Time to come ; and this, noC 

* by Delegacy and Commiffion, but. by Birth and 

* Inheritan<;e. 

Mf 



r 



1 2, 6 The Parliamentary History 
kChnlnl. « If any be brought to he a Member of this great 
'***■ * Body, who is not quilified to the Performance of 

■ fucb State Funftions, it miift needs prejudice the 

* whole Body; as a little Water put into a great 

■ Veflel of Wine, which, as it receives Spirits from 

* the Wine, fo doth ic leave therein fome Degrees 

* of its own Infirmities and Coldnefs. 

' Secondly, It is prejudicial to the King ; not that 

* it can difable him from giving Honour, for that 

* is a Power infeparable from the Crown ; but, by 

* making Honour ordinary, it becomes an incompe- 

* tentRewardforextraordinaryVirtue: When Men 

* are made Noble, they are taken out of the Prefs of 

* the common Sort ; and how can it chufe but fall 

* in Eftimation, when Honour itfelf is made a Prefs ? 

* 7hird!y, It is prejudicial to the Kingdom. 

* Hiftories and Records are full of the great Aflift- 

* ance which the Crown hath received from the Ba- 

* rons, on Foreign and Domeftic Occafions; and 
' not only by iheir own Perfons, but their Retinue 

* andTcii^ins; and therefore they arc called by 
' BraSSmi, Rsbw Bdii: How can the Crown cx- 
' pcft the like from thofe who have no Tenants, 

* and are hardly able to maintain themfelves ? Be- 

* fides, this is not all, for the Prejudice goes not 
' only ptivatively from thence, in that they can- 

* not give the Allillance they ought; but pofitive- 

* ly, m that they have been a greater Burden to 

* the Kingdom fince, by the Gifts and Penfions 

* they have received ; nay, they will even Hand in 
' need to receive more for the future Support of 

* their Dignities, 

* This makes the Duke's Offences greater, that, 
A in this Weakness and Confumption of the State, 

' he hath not been content, alone, to confume the 

* Public Treafure, which is the Blood and Nou- 

* rifhmentofthe State; hut hath brought in others 

* to help him in this Work of Deftrud^ion : And, 

* that they might do it the more eagerly by enlar- 

* ging their Honour, he hath likewife enlarged their 

* "Neceiiities nnd Appetites. 



I 



0/ E N G L A N D. 127 

* I Ciallfecond this Charge with iwo Precedenis,Aai.auileil, 
^ ihe firft, 28. Henry VI. in ihe Complaint againft '6»6. 

* the Duke of Suffalt, thai he had married his Niece 
' to the Earl of A>fl(/i/, and prociired him loool. 

* per Annum in the Duchy of Guyenne ; and yet 
' this Party was the Son of a Noble and well- 
' deferving Father. 

' Thefecond, in if.Edw. IV. An A£l of Par- 

* tiament for the di^tading of Thomas Neville, 

* MuriyjSsoi MsnIagUj&nA'DnV.e oi Bedford: The 

* Reafon expreft in the Adt ia, Becaufe he bad not 

* a Revenue to fupport that Dignity ; together 

* with another Reafon, That when Men are cal- 

* led to Honour, and have not Livelihood to fup- 

* port it, it iiiduceih great Poverty, and caufeth 

* Briberies, Extortions, Embraceries and Main- 

* tenance. 

' Bui how far thefe Precedents fhall fway your 
' Judgments in the prefeiit Ofe, I humbly fubmic 

* ro your Lordfhips ; and defire that the Twelfth 

* Article may be read.' 

Then the Tw elfih Article was read accordingly. 

XIT. Ht the fold Duke, not contended with the 
great Advancement formerly received from the late 
^'"gi ff famous Memory, did, by his Prscurtment and 
PraSiice, in the fourteenth Year ef the faid JGng, 
for the Support ef the many Places, Hmours and 
Dignilies conferred on him, obtain a Grant of di- 
vers Manon, Parcci of (he Revenue ef the Crown, 
and of the Duchy fl/"L<inLaftcr, to the yearly lvalue of 
1697/. 11. ^d. of old Rent, with all ffoads, Tm- 
ber. Trees, and Mvmufons \ Part vjheuof ai'ouming 
te the annual Sum of 'jif'^ I. 131. a^d. was rated at the 
Sum of only 320/. tho\ in truth, of fo far greater 
Value. And likcwife. in the jixleenth Tear of the ■ 
fame King's Reign, did pn'ocwe divers ether Muners, 
annexed to the Crown, of Ihe yearly Value, at the aid 
Rent, ^ '338/. or thereabcuts, according as i»f a 
Schedule hereunto annexed appeareth : In the War- 
rant far pofftng of which Lands, he, by his great 
FawuTt 



I 



1 2 8 The Tarliamentary History 

An. a. Charles I. FavouT^ procured divers unudial Claufes to be infgrt- 

i6a6. 0d^^ viz. That no Perquifttes of Courts Jbouli hi 

valued^ and thai all Baili^- Fees Jbmld be reprijid in 

the Particulars upon which thofe Lands were rated ^ 

whereby a Precedent hath been introduced^ wMcb etU 

thoje who iftnce that Time^ have obtained any Lands /rem 

the Crown J havepurjiiedto the Damage tfHs late Ma- 

jejly^ and of our Struereign Lord the King that now is^to 

an exceeding great Value. And afterwards hefurreu' 

derid to his [aid M(^efiy divers Manors ondLands^ 

Parcel of thofe Lands formerly granted unto him^ i$ the 

Value of Till, i%s. z-^d. per Annum; in conR' 

deration of which Surrender ^ he procured divers otier 

Lands of the faid late King to be fold and contra^ed 

for^ by his own Servants and Agents^ and thereupon 

hath obtained Grants of the fame^ to pafs frmn his 

late Majefly to fever al Per fins of this Kingdom j and 

hath caufed Tallies to beflricken for the Money ^ being 

the Conjideration mentioned in thofe Grants in the 

Receipt of the Exchequer^ as if fiich Monies had 

really come to his Majefly^ s Coffers ; whereas the 

Duke (or fome other by his Appointment) hath indeed 

received the fame Sums^ and expended them upon his 

own Occajions, ^nd notwithfianding the great and 

inejlimable Gain made by him^ by tjje oak of Offices^ 

Honours^ and^ 'by other Suits by him obtained from 

his Majefly^^md^or the Countenancing of divers 

project Sy and other' tlourjes^ burthenfome to his Ma^ 

jcf/s Realms^ both of England and Ireland ; the^faid 

Dule hath likewifi^ by hlsProcuremeni and Pra^ice^ 

received into his flands^ and dijburfed to his own 

Vjcy exceeding great Sums that were the Monies of 

ike Intc King^ of famous Memory ^ as appeareth mfe 

hi the faid Schedule hereunto annexed: /fnd^ the bet-. 

ter to colour his Doings in that Behalf hath obtained 

fiver al Privy- Seals from his late MajeHy^ and his Ma^ 

jejly that no^w is, warraniiug the Payment of great 

Sums to Pcrfons by him named^ caufmg it tobe recited in 

f'lCh Pt ivy 'Sea Is J as f thofe Sums were dire^ed for 

firct Services concerning the State ^ which w9re^ not-^ 

iJii:Hfavdifig^ d-fpofci of to his otvn Ufe j and other ^ 

PrivyJ 



Of E N Q t A N D. lap 

Pnyf^eaUhavtbemprimridbjUmf(nribeDtf(^^ ^ Chirtoi. 
of thole Perfons without Jccompt ; land by the Uh Friui4 i^^^* 
and Framce^ under Colour tf free Gifts from bit 
Majejiy^ he bath fatten into bis Hnnds great Sums 
tvhtcp were intendia by his Majefty to bit difburfedffir 
the preparing^ fumiftAng cndvi&uaEng of bis Rsyat 
Navy I by which fecrtt and alourablt DivUes the (Oft" 
Jlant and ordinary Courfi rfthe Exeheifuer hath been 
broken^ there being no means, by matter of Record^ 
to charge either the Tteajkrer or ViSiuatkr of the 
Navy with thofi Sums which ought to have come te 
if heir Hands, and tf be accompted for to Ui Majefiy : 
And fuch a Confufion and Mixture hath been made 
between the King't tflates and the Duh^s, as can- 
not be cleared l^ the legal Entries and Records, which 
mght to be tmly aHd faithfully made and kept, both 
for the Safety of MJ/t^iftfl "Trtafure, and for the 
indemnity if Ij'tt ^/^s ana Subje^s whom it doth 
toncern. A^/dVoin the ftxieenth and twentieth 
Tears ff the faiii Bng^ he did procure to himfelf fe- 
veral Rekafis from iM fiid King, of divers great 
Sums ^ money of the fiid King by him privately 
received, 'and whi(h ke procured^ that he might de- 
tain the fame for the Support of his Places, Honours 
and Dignities, jlnd thefe Things, and divers others 
df the Hie Kind, at appeareth in the Schedule annex- 
fed (p), hath bi diffie^ to the Exceeding Diminution of the 
Revenue of the Crown, and in Deceit both of our 
Sovereign Lord the King that now is, and of tie lati 
king James, of famous Memory, and to the Detri' 
fnent of the whole Kingdom. 

Then Mr. Pymme protceded thus t 

* THb Article^ my Lords, confifts of feveral Mr- Pymme'f 

* Claufes ; which, in fome tefpeft , may be called fo ?,?"^LT''- . 

k /^L • • 1 11 1 "^ T^ » 1 Iwclftn Article. 

« many Charges, the they sill tend to one End, the 

* diminifliing the King's Treafure, yet it is by Ye- 
. * veral Ways, 

Vol. Vli. i * there- 

(p) Thiefe Schedules are omitted in Rujhwortb, bat fupplied 
trom the Lords Journub, sad fo£Low after h/lt% Pymmt*i Sfcech m 
i\lpport of this Ajiiclc. 



130 TheTarliamentatyHXsroKr 

An.a. Charles I. < Therefore I (hall break them into Parts, and 

i6a6. c fgieft ii^Q moft niatcrial, either in point of Offence, 

« or of Grievance ; then add the Proofs ; and af- 

* terwards the Reafons and Enforcements which 

* fhall be moft conducible to the Judgment, which 

* the Commons expeft from your Lordfhips. ^ 

* There be two main Branches of this Article. 

' The fir/l concerns Lands obtained from the 
^ Crown. 

' T he fecond concerns Money in Penfions, Gifts, 

* Farms, and other Kinds of Profit. 

* Ftrjf^ For the Lands, the Sum, according to 

* the old Rent, viz. 3035 1. per yfo««/;i, befidea the 

* Foreft of L)field ; and all this within ten Years. 

* The Grievance is, That in a Time of Necef- 

* fity, fo much Land fhould be conveyed to a pri- 
' vate Man ; this concerns others as well as him, 

* but none in fo great a Meafure. 

* And, becaufe the Commons aim not at Judg- 

* ment only but at Reformation, they wi{h that 

* when the King beftows any Lands for fupport of 

* Honours, thofe antient Cautions might be re- 

* vived, of annexing the Land to the Dignity ; 

* left, being wafted, the Party returns to the Crown 

* for a new Support; by which Provifion the 

* Crown will reap this Benefit, that as fqme Lands 

* go out by liew Grants, others will come in by 

* extindl Entails. 

* I will not trouble your Lordfliips with the Law 

* made for preventing the Alienation of the King's 

* Lands, and for refuming them when they liad 

* been alienated 5 nor the Ordinances made, in the 

* Higher Houfe, for that Purpofe, and Fines fet 

* upon the Breakers of them. 

* This I only add as a fi^ther Enforcement of 

* the Grievance, that whA the King's RevcnuQS. 

* are too unable to defj^ public Neceffities, the' 

* Comq;ions muft needs be more burdened for fup- 

* plying the King. 

* The fecfind is the unufual Claufes, which, by 

* his Grcatnefs, he hath procured to be Inferted in- 

' to 



0/ E N G L A N D. 131 

* to the Warrants for paiHng thofe Lands, which An- «-Ch>rf««^ 

* are two. 

r . * Thit the cafual Profits fhould not be rated 

* in the Particulars. 

a. * That all Bailifis Fees (hould be reprized. 
• This is to be proved by the Warrants remain- 
^ ing with the Auditor of the Rates^ and with the 

* other Auditors. 

* The Confiderations arifing thereupon are, 

' Ingratitude, in thus labouring to ftrain the King's 

* Bounty beyond hfa Intention. 

* Unfaithfulnefs, in that being a fworn Coun-^ 

* fellor, he fhould force the King into Courfes of 

* fo much Prejudice. 

* For by this the King did not only fuftain great 
< Lpfs for the prefent, but it opened a Way of Pre- 

* judice, which ever fince have continued ; for all 

* thofe^ that have fince pafled Lands from the 

* Crown, have followed the fame Precedents. 

* Nor was the King left to be Matter of his own 

* Liberality, either in Proportion or Certainty: 

* for it might fo fall out that What fo pafled from 

* him, might be treble to that he intended. 

* The third Point of the ftrft Branch concerning 

* Lands, is the Surrender of divers Parcels of thofe 

* Lands back to the King, after he had held them 

* fome Years, and taking others from the King in 

* Exchange. 

* Hence the b6ft of the King's Lands> by this 

* Courfe, being paffed away, the wbrft hung upon 

* his Hand ; fo as, having Occafion to raife Money, 

* f«ch Lands could not fupply him. 

* Opportunity was alfo hereby left to the Duke, 
< to cut down Woods, to enfraftchife Copyholders, 

* to make long Leafes ; and yet, the old Rent re- 

* maining ftill, the Land might be furrendered at the 

* fame Value. Whether this be done I am uncer- 

* tain, not having Time to examine, but I recom- 

* mend it to your Lordfliips to enquire after it ; 
i and the rather for that the Mannorof Couphill in 

la * i/«- 



An. 2* Charles I. 
1626. 



15a J he Tarliamentary Hi s T o r t 

Lincolnjhire was fo difnicmbred,andT)y a Surm- 
der turned back to the King after 17 1. pir M 
old Rents had btoi folA out of it 

* The fourth Point of this Branch, vi^. Co- 
lourable TaHics* 

* Divers Parcels of jLands -^tt fold and ccm- 
trafted for by his own Agents, and iht Moiiqr 
received to his own Ufe; and yet Tallies ftruck 
as if the Monies had come into the Exctequer* 

* This is to be proved by his own Officers^ l)f 
the Officers of the Exchequer, and by W 
Tallies themfelves, which Tallies amount to 
44,ogol. 5 s. 

* Whence I obfervc, i. That there ran one 
Thread of Falfliood towards the King, throu^ 
all his Dealings. 2. That it was a Deric^ to 
prevent the Wifdom of Parliaflicnt, if it ihooU 
be thought fit, from making a Refuiliption ; fbrt 
by this Means, thefe Grants feem to hate tiie 
Face of a valuable Confideration, where^ they 
were free Gifts. 3, If the Title of thefe Ladds 
prove quellionable, yet, it appearing by Record as 
if the King had received the Money, he Wias bound 
in Honour to make the Efiate good ; and yet Ae 
Duke had the Profit. 

* The fecond general Branch of the twelfth Ar* 
tide is concerning Monies. 

*' And herein the firft Point is that the total Suto, 
receiv'd by the Duke in ten Years, amounts to 
162,995 1. befides a Grant of above 3006!. per 
Annum of the Third impofed upon Strangers 
Goods, and befides the Moiety of 7000 1. out of 
the Cuftoms of Ireland^ which he is bound to pay 
every Year to the King; but whether fo done the 
Commons know not. This Eftimate may be 
.more,*but not lefs ; and the Total arifeth by free 
Gifts, by Penfions to himfelf, by the Profit of 
Farmers, by Penfions to others for Offices where- 
of he receiv'd the Benefit, viz. the Admiralty, 

* the 



0/ E N G L A N D. 133 

' the Maftcrihip of the Horfe, Wf . AH which will An. a. chariei i. 
^ appear by the Schedule annexed to this Charge 
' delivered in : Th^t it was a great Aggravation in 
^ this Time of W^nt, when the Expence of the 
^ King's Houfe can hardly be fupplied ; when his 
' Forts and Caftles are unfurnifhed; when there 
appear great Wants and Hazards of the King- 
^ dom for the Provifion of the Navy and Guard 
^ of the Seas (his own proper Charge) the King* 
' dom threatned with Invafions and potent £ne» 
^ mies; and that he preferred the ferving his own 
^ Turn before bis Duty or the Safety of the King- 
^ dom. 

* The fecond Point in this Branch is, That, un- 
der Pretence of fecret Service, he hath procured 

^ great Sums of Money to be iflued by Privy-Seals 
' to fundry Perfons named by himfclfj and the 
^ Monies employed to his own Ufe. 

* This is proved by two Inftances. 

* The one of 8000I. paid to Sir Robert Pye^ 
^ the 1 2th of Jugujl 1623, of which Sum the 

* faid Sir Robert was difcharged by another Privy- 
^ Seal the 4th of "January following; and this 
^ Money paid towards the Purchafe of Berkeley. 

* The fecond Inftance is 60,000 1. paid to Mr. 
^ Burkmacbe (j^, the 12th of yfugufl, 1625, which 
^ Time is the rather to be noted becaufe the Par- 
' liaipent at Oxford was, at that Time, diflblv'd for 
^ rcfuliiig to grant a Sum no greater, nay, far lefs. 

* The Qjiality of the Fault I leave to your 

* Lgn^ips, in what Proportion of Judgment you 

* will rate it: 

* Whether to that Crime which, in the Civil 
' LaW) is called Crimen Pecuktus ; which was 

* when any Man did unjuftly turn to his own Ufe 
' that Money, which was cither facra^ dedicated 

* to God*s Service ; or reltgioja^ which was ufed 
' about Funerals and Monuments of the Dead; or 

I 3 ' Pub- 

(y) A JOuicb Merchant employ'd by the Duke in remitting Ma- 
ney for the Service of the Covet nment. 



134 7^^ Parliamentary History 

An. 4. Charles I. ' Publica^ of which kind the Bufinefs now in Quc- 

1626. < ftion is ; the rather becaufe public Treafure waa 

' held in the fame Reputation with that which was 

< dedicated to God and Religion. And this Qf- 

< fence, by that Law, was Death and Confifca- 

* tion. 

• Or whether the Jl»ords will think it to carry 
^ Proportion with that Crime, which is called in 

* the Civil Law, Crimen falft ; and is defined to 
' be when any fhall Simulatione Verifuum Comptnr 

* diuTn^akeno Difpendio^facere^viz^ by Semblaiicc 

* of Truth make Gain to himfelf out of others 

* Lofles ; which, in the Cafe of a Bondman, was 

* Death, and, in the Cafe of other Men, was Bja- 
' nifhment and Confifcation, as the Nature of the 

* Faft required. 

* Or whether the Lords will efteem it according 

* to the Sentence of the Star-Chamber ordinary, 

* in Cafes of Fraud. 

' Or according to the Comn^on Law, which fo 
^ much detefts this Dealing, which they term Co^ 

* vin^ as it doth vitiate ordinary and lawful 
^ Aftions. 

' Or l^ftly. Whether the Lords will eftimate it 
^ according to the Duke*s own Judgment in his 
^ own Confcience: For diredt Anions are nota- 

* fraid to appear open-faced, but ill Dealings de- 

* fire to be mafls;ed with Subtilty and Clofeneft. 
^ And therefore it vvere Offence fufficienr, were 

* there no more than a cunning Concealing of what 

* he received from the King: Since that argues ei- 

* ther Guilt of Unthankfulnefs, in hiding his Ma- 
' Iter's Bounty ; Guilt of Unworrhinefs, as if he 

* durft not avow the Receipt of that which he had 
^ not merited; or Guilt from Fear of Punifhment, 
' by thefe Inquifitions into his Aftions which now 
^ are come to pafs. 

< The third Point in this Branch is,' That he 
^ hath receiv'd fundry Sums of Money, intended 
*' for the Maintenance of the Navy. 

^ To inftance the one of 20,000 1. the other of 

* 30,0001. both in January 1624, 

^ By 



0/ E N G L A N D. 135 

* By the Privy-Seal with which thefe be ifliied. An, a. Charles i. 
they appear to be free Gifts ; but by the Affir- '^^' 
tnationrof fome, in Anfwer for the Duke, it hath 

been faid, he was only the Hand to convey it over 
to the Treafurers of the Navy. ' 

* If the Truth be according to the Privy- Seal, it 
is to be added to the former Sums as Parcel of his 
own Gain; if according to the aforefaid Allega- 
tion, it may provea Precedent of greater Damage 
to the King than the Money is worth : For by this 
Way his Majefty hath no Means, by matter of 
Record, to charge the Treafurer of the Navy 
with thefe Sums ; and fliall lofe the Benefit of 
the Aft 13. Eliz. whereby Accomptants Lands 
are made liable to the Payment of their Debts, 
and in many Cafes may be fold for his Majcfty's 
Service. 

* The fourth Point of this Branch is, That hq 
hath caufed fo great a Mixture and Confufion be- 
twixt the King's Eftate and his own, that they 
cannot be diftinguifhed by the Records and En- 
tries, which ought to be clear for that Purpofe. 

* This is proved by divers Reafons. 

* One is already alledged, and the others fol- 
low : ^ 

* By'theWifdom of the Law, in iheConftitu- 
tion. of tlie Exchequer, there be three Guards fet 
upon the, King's Treafurer and Accompts. 

* The firft, a legal Impignoration, whereby the 
Eftates, Perfonal and Real, of the Accomptants, 
are made liable to be fold for the Satisfaftion of 
their Debts. 

* The fecond, an Afl: of Controulment, that 
the king relies not upon the Induftry nor Since- 
rity of any one Man j but, if he fail in either, it 
may be difcovered by the Duty of fome other 
Officer fworn to take Notice of it. 

* The third, an Evidence and Certainty, not for 
the prefent Time only, but of Perpetuity ; becaule 
the King can neither receive nor pay any thing 
but by Record. 

* AU 



An. 2. Charles I, 
2626. 



i3<J The TarliamentaryTAisTo^^Y 

* All thefe Ways have been broken by him; 
both in,die Ckle next before recited, and in thefe 
that follow*. 

<, The Cuftoih of the Exchequer is the X^w of 
the Kingdoin, fof fo much as concerneth t)^ 
Revenue. 

* Every Breac^ of the Law, by particular Of? 
fence, i$ punilhable; but fuch an OiFenc^,. as is 
the Deilru£tion pf the {^aw itfelf, is of a iar 
higher Nature. ' 

* The fifth Point of this fecpnd Branch is con- 
cerning two Privy-Seals of Releafe, the one the; 
1 6th, the other the ^oth Jjr. concerning divers 
Sums fecrelly f eceiyed to his Klajefty's tJfe, but 
bv virtue of thefe Releafts tp be converted to the 
I)uke of Buckingham's pwn l^rofit j the Proof 
whereof is referred to ^he Privy-Seals themlelves. 

* Hence appear tjie Duke's Subtiltie$» by which 
he ufed to wind himfelf intp the Pofl^jfiot^ pf the 
King's Money ; and| tp get that by funning Steps 
and Degrees whiqh, peradyenture, he could iK)t 
have obtained at once : A good Mailer 'will irufli 
a good Servant with a greater Sum than he would 
give him ; yet after, when it is out of his Ppflcf- 
fion, will be drawn the more eafily to releaiQ 
him from accounting for it, than to haye madq 
a Free-Gift at firft.. " ' ' ' ^ 

* This is a proper Inftance to be adcled to the. 
Proof of npungling his ownEftate with the King's j 
and of the feme Kind be other Particulars men- 
tioned in the Schedule, though not exprefsM in 
the Charge, viz. the 2p,poo 1. In part of the Earl 
of Middlejex^s Fine, which cannot be difcovered 
whether pa^-t, or all, be converted to the Duke's 
Benefit (r); and yet it appears, by a Privy* Seal, 
to be Clearly intended to the King's own Service^ 
for his Houfliold and Wardrobe; 'till by the 
Praftice of the Duke it was diverted into this 
clofeand Bye- way. 

' Ano- 

fr) U^ilfon tells us. It was reported the Duke got Cbeifcamffoufc 
from the Earl of Middlejex, as his Share of the Fine. ' 



0/ E N G L A N D. 137 

f Another Inftanceky his Endeavour to gettheAii.ft.chatUti. 

* Prize-Goods into his own Hands ; and for this <6a6» 

* Purpofe he firft laboinred that his Man, Gabriel 

* March^ might receive it ; yet tt y^2& thought fit 
^ fbme Partner fhould be jomed with him ; and di* 
f vers being tried^ none of any Credit would be joinM 
f widi him : The Commons have Reafop to think 
' they l^d Caufe to do fo ; 0QceheisfoiIl anAc- 
^ comptanti that he confefid upon Examination in 

* their Houfe, that by Authority from the Duke he 

* rccpi v'd divers Bags of Qold and Silver of tJieP^^ 

* of ^ewhaveuj which he never told. When this 

* Pra£iice of gettmg ibme to join with his Man 
f could take no Efi^, then he procured a Com* 
f miffion to Sir WtUiatn Ruffel^ (who is without 
^ Exception an able and worthy Officer) but that 

* was not fufficient enough for the King's Secu- 

* rity; for, howfocver he received the Money, 
f it was to be iflued by the Duke's Warrant; which 
^ Courfe hath been altered fince this was quefli- 
< oned in Parliament, and now it is to be ifliied 
^ out by an immediate Warrant from his Majefty: 

* But as it was before* it may be noted as an En- 
^ croachmcnt of the Duke's iipon the Office of my 

* Lord Treafiirer, for tjie Advancement of his 

* own bafe Purpofes. 

* The laft Point upon this whole Charge is a 
5 Connexion of Land and Money into one Total ; 
^ and to that Purpofe the Lands niay be valued at 
f 40 Years Purchafe, thougji fome were fold for 
^ 30, and fome were worth more than loo, (being 
^ old Rents) fo as ^p Y^i'j? is conceived an even 
f Medium. 

^ 't^int Lands granted by the late King to the 
f Duke of J^ffckif^hifm, at the Rate of 3035 1. per 

* AnnuTf^^ come to 121,4001. which being added 

* to the Total of the Monies receiv'd, which were 

* 162,995 1, amounts to the Sum of 28^395 1. {/) 
f befides the Foicft of Leyfteld. 

' ' 'This 

(f) tJpon calculating the Lanrfs at 40 Yean Purchare, and add« 
|ng the Amount thereof to the Monies mentioned in tbp foilowii^ 
$(^edu]es^ the whole amount; exa^ly to this Sum. 



An. 2. Charles I* 
2626. 



138 The Tarliamentary KisroKY 

' This is a great Sum in itfelf, but much greater 
by many Circumftances:— If you look upon 
the Time paft, never fo much came into any 
one private Man*s Hands out of the publick 
Purfe. If you refpeft the Time prefent, the King . 
had never fo much Want, never fo many Occa-r 
fions, foreign, important and expenfive; the 
Subjeds have never given greater Supplies ; aikL. 
yet thofe Supplies unable to furnifli thofe Expen* 

ces. But as thefe Circumftances make that 

Sum the greater, fo there be other Circumftances 
which make the Sum little, if it be compared 
with the ineftimable Gain he hath made by the 
Sale of Honours and Offices, and Projects hurtful 
to the States both of England and Ireland ; or if 
it be compared with his own Profufenefs, witneis, 
notwithftanding this Gift, his Confeflion before 
both Houfes of Parliament to be indebted ioo,oool. 
and above : If this be true, how can we hope to 
fatisfy h'ls immenfe Prodigality; if falfe, hovr 
can we hope to fatisty his Covetoufnefs. And 
therefore no wonder the Commons fo eameftly 
defire to be delivered from fuch a Grievance. 

* I fhall now produce the Precedents of your 
Lordfhips Predeceflbrs : Precedents they are in* 
Kind ; but not in Proportion, for, in this View 
there are no Precedents. 

* The firft is the loth Ric. II. which was in the 
Complaint againft Michael de la Poky Earl of 
Suffolk^ out of which I fhall take three Articles. 
The firft. That being Chancellor and fwom 
to the King's Profit, he had purchafed divers 
Lands from the King, more than he had defer-' 
ved, and at an under Rate. The fecond, That 
he had bought an Annuity of 50 1. per An-- 
num, which Grant was void j and yet he pro- 
cured the King to make it good. The third. 
Whereas the Mafter of St. Anthonys being a' 
Schifmatick, had forfeited his Eftate into the 
King's Hands, this Earl took it in Farm at 20 
Marks the Year s converting the Overplus, which 

* wa^ 



©/•ENGLAND. 135) 

was 1000 Marks, to his own Benefit, which An. i.chirleii. 
fhould come to the King. >€s^* * 

* The next Precedent, ii. J!iV. 11. out of the 
Judgment againft Ribirt di Vere^ and others, out 
of which I &all take two Articles, the 5th and 
7th. The 5 th was for taking Lands and Ma- 
nours annexed to the Crown, whereby they them- 
felves were enriched, and the King made poon 
The 7Ch was intercepting the Subfidies granted 
for the Defence of the Kingdom. 

* The third Precedent is 28. Hen. VI. in the 
Parliament-Roll, out of the Complaint againft 
fyUliam Duke of Suffolk: That, being next 
and privateft of Council to the King, he had 
procured him to grant great Poiieffions to divers 
Perfons, whereby the King was much impove- 
rilhcd ; thcExpenceof his Hcufc unpaid j Wages, 
the Wardrobe, Caltles, Navy Djbts, unfatisfied 5 
and fo, by Ms fubtile Couniel and unprofitable 
Labour, the Revenues of the Crown, Duchy of 
Lancafter^ and other the King's Inheritances, fo 
diminifhed, and the Commons of the Realm fo 
extrerruly charged, that it was near a final De- 
ftrufticn : And that thi KingV Treafure was fo 
miichievoiifly diminifhed to himlelf, his Friends, 
and Well- wirtitrs, ihat, for h.ck of Money, no 
Armour nor Ordnance could be provided in 
Tme. 

' Thffe Prcccderrs the Common? produce as 
Precedeiits in Ki-fJ, but nv.^t in Proportion ; and 
bec^iife tlic'e great iVlc-ns were not brought to 
Ju.i^ment upon theff- Ar.ides alone, it is to be 
noted. Thai Kri\enii!- upon the King's Eftaic is 
always accompanitd >\»th oiher great Vices and 
fV.uUs. 

* Ail 'hefe Confide.atio:is I humbly fubmit to 
yoLr Lordfliipr [/.real Wijooms; and conclude 
will. Y ping, 1 ;;ar, as this g-ear Duke has fo 
rar txic''dc.i all ethers in hi: Offences, he may 
ijot la.l Ihort of ihcm in Punifhmcnt.' 

The 



3^7 14 o 



1 40 The Tarliamentary History 

^* *iSs.'^" ^* The Lords Journals here give us a Schedu le of 

Grants and Gifts to the Duke ^/Buckingham 

blmjelf^ or to his immediate tJfe (0- 

Yearly Value. 

June ^. 1616 The Manour of-| /. s. d. 
Biddlejden and other Lands, / 
Parcel of the Pofleffion of the > 700 o o 
Lord Grey^ in the County oft 

Buckingham J 

July 2^, 1 61 6. TheManourofp 

TVhad'ion^ in the County ofr loi 14 o 

Buckingham ^ 

Nov. 9. 1616. The Lordfhip or| 

Man.our of Hcrringtoji^ zni ^ 471 14. 4i 

divers other Lands > 

The Manour of Combe nndS/w-"^ 

ley, \\\ the Cuunty of TVarwick^ 
Dec, 10. 1 61 6. The Manour ofl 

Bijlv. in the County of Gku- ^ 103 16 6^ 

cejier J 

The M-Uiours of fimberwood ^nd \ ^^^ ^ r 

>?/7/;?^/^r//,inthcCountyofii:(?«// ^op i? 9e 
The Lordfti'p Hnd Manour ofl 

fleji Harmcs^StGikton^ Stoke-C 

hington^ and Hope^ in the ^ 5 i 4 

< . v.Mv vif He.efurd ) 

Thf M.^iiour of ^taUing^ in the? 

County of Z/.f5/« 5 "+ 7 9 

TJie Grange of Berkeley^ in the\ ^ 

County of lork J I5 '^ 4 

The Manour of Over^ in the i ,^^ ,0 ^, 

Count) of ;&.;/ S '°^'8 ^i 

Ti.c M.:nour of i^^y?^?^, in the 7 - » i 

County of .S";//.//e S "^ 7'I^ 

The L.Tifliip or Manour of") 

Brampton^ in the County of^ 127 o 6^ 

Huntingdon J 

The 

^r; We are apprfhcnfive there imy be f(mc Miftakcs in the 
Names of Hlacco : Yet, as they ftand tliu, in the Lordi Journah^ 
the atttxn-.ting n Ccrre£Vior. \v.-» . t tiiuugiit fo sidvifeabie a^ the 
leaving them to the Reader*s Judgment, 



Of ENGLAND. 141 



Yetrly Value. Aa. *. Chiifcsl. 



/. 5. 4. 



a6 t a 



The f ark t)f Riciingbam in the? 

County of Northampton 5 

The Mannor and Lordfbip of "^ 

Brighton^ with Lands in JUbi- 1 

iorrn^ the Mannor of Santon, \ 

and the Grange of Birhley^ Y ^0 O c 

given in Exchange for Torh I 

Houfe by A£t of Parliament) ) 

yac. 21. J 

The whole Foreft of Le^eld in 

the County of Rutland^ with- 
in which the Woods yield 

to his Majefty's tJfe the yearly ' 

Rent of 130 1. (except Beo- > 

mond Waft and RudTtngton 

Park) granted to the Duke» 

S^r. 1 2. 1 620, at thePee-Farm 

Rent of only 16!. 13s. 4d. 

For Lands fold by his own Jgents^ and the Montif 
received by them^ but TalSes thereof Jinuk for 
Form onfyi 

1622. Feb. IX. 

— ^ Mar. 7. 
14. 

21. 



xtl26« 



6000 





800 





4^57 18 


8 


4000 





8<>65 





ICOO D 





X9b6 6 


8 


147^ «^ 


8 


3204 3 






3000 o -o 



1623. Jufy I p. 
~ bee. .— 

Ibid. 

Jan. ~ 

1624. April 31. 

- O/?. 17. For the Mannor 1 

of W?W^ J 

1625. May 29. To the Earl of -^ 
Mmhefter^ in part ofSatisfac-*/ 
tioh of 20,000 1, formerly paid > xoooo 
to the Duke fbr the Office of I 
Lord Treafurer* -J 

For this fome Lands were fold at the yearly Va^ 
'he of 500 /. w thereabouts. 

To 



o o 



1 42 7he Tarliamentary Hi stort 

An, a. Charles I. ^* ^* ^• 

»^»6« To Mr. Rotherhy in free Gift for\ ^ ^ 

fecret Services j V i- ^ 

To Sir jR^*m Pj^, 8000 o o 

Ihii Money was paid Aug. 12. 1623. fof my 

Lord Duke's Purchafe cf Berkeley, and Sir 

Robert Pye difcharged by another Privy-Seal 

Jan. 4. following. 

1624. J^n. IS. To Pfe7/>^ 5^r.7 ^ ^ 

lemache i ^ 

, 28. 20000 o o 

1625. Jug. 12. tfOOOO O O 

Thefe Sums are paid to the Duke hy a Privy- Seal 
of free Gifl^ but are alledged to be intended for 
the Navy, 
Out of the Cuftoms of Irelandy'^ 

by virtue of a Leafe granted, C. 

Jnm i6i8. for ten' Years, forC 

Support of his EJignity, 7000 1. ^ 
In one Penfion but of the Reve- *> 

flue of the Court of Wards, ?■ 

granted 7«/i^ 17, 1624, iocJo 1. J 

N. B. The Duke is to pay, by Covenant, the Moiety 
of this 7000 /• unto the King*, 

1615. May 27. A Penfion of-|i 

5000 1. to the Earl of JPor-l. 

cefter, for leaving the Mafter- > 

Ihip of the Horfc to the Duke I ' . . 

of Buckingham J 

1617. Mar, 29. The Profit of - 

the Third upon Strangers 

Goods, over and above theRent ' 

of 5000 \,.per An, which that, 

fame Year amounted to looo 1, 

and fome Years lefs. 
1619. Jan 21. The late fcitig- 

granted to the late Earl of 

Nottingham, during his Life, a 

Penfion, of icool. forfurren- 

derlng the Office of Ad miralty ^ 



0/ E N G L A N D. 143 

Hb Endeavours to g^t Moneyl /• s* d* An,%.Qmik%h 

t6 be made of Prize-Goods to I 1616. 

be receiv'd by his Servant Ga- 1 i 

iriel Marjb^ and to be difpofed 1 1 

of by himfelf ; and the great >^ 

Quantity of Goods fold with- I 

out Warranty and without any I 

legal Courfe taken to bring it I 

to Account. J 

Part of the Earl of Mddlejix's^ 

Fine, bv a Privy-Seal to the I 

Lord Treafurer and Chancel- I 

lor of the Exchequer, appoint- > 2coOo o c 

ed for the Houfliold and for I 

the Wardrobe j but, by the I 

Praftice of the Duke, divert- I 

cd to his own Ufe. ^ 

Divers Grants to the Duk/s Brotbei^ and ethers 

of Us Kindred. 

/. /. d. 
To his Brother, the Earl of An-^ 

glefey^ 400 L per Annum^ va- ^ lOooo o o 

lued at the Sum of ^ 

To him more, the Forefts of") 

Penfeim and Slaeimerej of the ' 

yearly Value of 800 L at the 

leaft, together with the Tim- ". ^^^^^^^^ ^ ^ 

ber-Trees thereupon growii^; | 

and likewife divers Debts grant- I 

ed to him for Trees there] 

formerly fidd, valued at J 

Sir Lionel Cranfieldj Knt. who' 

married his Kinfwoman, was 

advanced to be an Earl, made 

Lord High Treafurer of Eng- 

landf 2tA by means thereof, ? ^^^ 

and ofdivers Places of Truft,r""^^ ^ ^ 

he got to his own Ufe of bis I 

Majefty's Treafure at feveral I 

Times, and out of his Maje- I 

fty'sEftate ' J 

To 



t 



I 

44 TheTariiamentarJJiisrOKr 



/ti.iiChArlcsi.ToSix Edward f^Hiers $00 ActcSj-^ L s. d. 
*^*^* Parcel of the Foreft of teml 

in the County of Glmcejler\ yooo o d 

with the Tinoibef thereupon! 

growing) valued at J 

To him, in Money out of the" 

Mint, in confideration of Lea^ 

tfoylie^ Parcel of the Foreft of ^ 3060 6 O 

Dean^ prefented him by his 

lateMajefty. 
1624. Juif 31. To him more in 

Penfipn, by Grant, Out pf |hfe f 5000 6 6 

Profit of the Mmt 
The fame Day in mt olher^ 

Penfion, by Grajitj out of the r 500O o o 

Court of Wards J 

Then the Lord Vifcoiiht &ay and ZeaU reported 
\lix. Wandeifori% Speech at the faid Conference, as 
follows : 

My Lordu ^^ fmnth Gentlemdnfrft defited the 
Thirteenih Artidi U bi read; 

Xlif . iVhireasJ^edal Cari and Order hath been 
iaieh by the Laws 0ftbe Reafntt ^^ rejirain andpre^ 
veni the un/kilful JidmkiftratUin tfPl^itij whereby 
the Heabb a fid Life pf Men may be much endangered: 
And whereat meft ej^cuilly^ the ReyalPerfins of the 
Kings of the Realwi in whom v;e their loyal 'Sub^ 
je^s hufhbly challenge a great Interejt^ . are^ and aU 
ways have been ejieemed by us^ fojacrid^ that nothing 
ought to be prepared for them^ or adminijlred unto 
ihenij in the way if Phyfitk or Dyet^ in the Timet 
of their Sicknefs, without the Conjent atid Direction 
of fome of theit fworn PhjficianSy Apothecaries^ or 
Chirurgeons: And the Boldnefs of fuch {how near 
Joever to them in Place and Favour) whd have for^ 
gotten their Duties fo far as to prefume to offer any 
thing unto them beyond their Experience^ hath been 
always ranked in the Numbet of high Offences and 



Of ENGLAND. 145 

Mifdimearufru And tvbettas fhf ftvorn Phjificianskik.%. Cbarkir, 
of our laie Sovereign Lord HUnt Janes* of bl^ffU »^*^» 
Memory^ attending on his M^efty in the Month of 
March» in the two-and- twentieth Tear of his moji 
glorious Reign^ in the Times of his Scinefs^ being an 
Ague J did, in due and neee^ary Care of and for 
the Recffuery of his Health, and Prejervation of his 
Perjon, upon and after feveral mature Confultations 
in that Behalf had ana holden, at feveral limes in 
the fame Month, refolve and give Directions, that 
nothing Jhould be applied or gyen unto bis Highnefs^ 
by way ofPhyftck or Diet, during his fcidSicknefs, but 
by and upon their general Advice and Confents, and 
after good Deliberation thereof Jirfl had \ moreefpeciah 
ly by their like Care, and upon like Confultations, did 
Jujily refolve, and pubRckly give IVarning to, and 
for all the other Gentlemen, and other Servants 
and Officers of his (aid late Majefty's Bed-Chamber^ 
that no Meat or Drink whatfiever Jhould be given 
unto him^ within two or three Hours next before the 
ufual Time of and for the coming of his Fit in the 
Jaid Ague, nor during the Continuance thereof, nor 
afterwards, untill his cold Fit was pajl : The /aid 
Duke ^/Buckingham, being ajivorn Servant of his 
/aid late Mq/'efy^ of and in his Mqje/iy's faid Bed- 
chamber, contrary to his Duty, and the tender Re- 
fpe^s which he ought to have bad of his Majeftfs 
moJi Sacred Petjon, and after the Confultations^ 
Refolutions, Dire^ions, and fVarning aforcfaid, did^ 
neverthelefs, without any Jiifficient Warrant in that 
Behalf^ unduly caufe and procure certain Plai/lers, 
and a certain Drink or Potion to be provided for the 
Ufe of Us faid Majejly^ without the Dire^ion or 
Privity of bis faid late Maje/iy*s Phyftcians, not pre- 
pared by any of bis Jworn Apothecaries or Chirur- 
geons, but compounded of feveral Ingredients to them 
unknown : Notwith/landing the fame Plaifters^ or 
fome Plai/ier like thereunto, having been formerly 
adminijlted unto his faid Majefiy, did produxe Jiich 
ill Effects, as that fome of the faid fiver n Phyftci- 
ans did altogether dtfaUow thereof,, and utter h refuted 
Vol, Vlt K to 



146 The TarUamentaryKi^r OILY 

Am t. Charles I. *^ mtddk onf furiher with Us faii Majtfy^ laUiA^ 
162^. theji. Piaifiers wire removed^ as being hurtful and 
pr^udidal to the Health ^ his Maj0y: Tet, nevnH 
theirfs^ the fame Plaiftirs^ asalfr^a Drink or Peihm^ 
waiproviaed by him the faid Duke\ whicb^ be^ iBa 
faid Duity fy celmr rf fomi itM[ident and JKgbt; 
Pretences y didi upon Mxmd^y the. one^and-ttvinHMth 
Day 0/ March) in the iwo-aHd-twentieth Teat: afi^f' 
faid^ when his Majefiy^ b^ the Judgment ofbis^ faid 
Phyfjcians^ was in the DecBnaticn ef his DifeaA^ 
caufe and freeure the faid PleijUrs te he applieeLte. 
the BrMji and Wrifts of Hi faid late M(gefly. And 
then aljoj at and in his:Majeftfs Fit of the Jaid 
Ague^ the faid^Mondzfy and at fiveral Times wtthiu 
tibo Hours, before the coming if the faid Fitj and 4#- 
fore his Maiejiy*s then cold ptwas pa//edj did deliver^ 
and caufe to be delivered^ fevered ^antities of the^ 
faid Drink or Potion to his faid late^ Maje/fy ; wh$^ 
thereufiony at the fame Times j within theSeaJins sm 
that Behalf prohibited by his Majeftfs Phyficians^ as 
aforefaidi did^ by the Means and Procurement of the 
faid Dukey drinky and take divers Quantities if 
the faid Drink or Potion. 

After which faid PlaiJlerSy and Drink ar P^iem^ 
apple I and given untOy and taken and tteeeivM tf 
hii faid Majejiy as aforefa d^ great Dijiempers and 
divers ill Symptoms appeared upon his faid Mwflyy 
inpmuch that the faid Phftcians fining his M^gefiy 
the next Mormng much werfe in the Eflate of m 
Healthy and holding Confukation thereabout^ (Bd^ by 
j(fint Confehty fend to the faidDukey praying hinK na^ 
to adventure to minifler to his Majefiy any mora Pfym- 
ficky withmt their Allowance and Approbation* And' 
his faid Majefiy finding^ himfef much difea(ed, and 
affiled with Pain and Sicknefsy after his then Fit^ 
when by the Courfe of his Difeafe he expe^ed Inter* 
miffion and EafOy did attribute the Caufe of fuch his 
Trouble unte the faid Plainer and Drinky which the 
faid Duke bad fo given, and eaufed to be adminUlnd 
unto Mm ffwichjaid adventurous AJfy by a Porfm 
ctHgedju ^utyaud^TbankfulmJst done to the Ptrfam. 



Of ENGLAND. 147 

9fji great a King^ afttr fi ill Suuefs of the Ukefir^^ An. s.cktrlei L 
merfy aiminifirid^ contrary t$ Jkcb Dire^ions as '**^ 
afire/aui^ and accompanied with fi unhappy Events 
to the great Griif and Difiomfort ofalltis Majeftfs 
SubjeSs in general^ is an Offence and Mfkmeawr 
of fi high a Nature^ as may juftly be caUed^ and is^ 
iy the faid Commons deemed to be^ an A& rf tran* 
fiendent PrefUmptienj and of dangerous Confifuence, 

Then be proceeded^ as follows : 

THus have your Lordfliips heard this ChaigCMr. Waodet* 
againft the Duke of Buckingham briefly fbrd^i Speech 
flared ) and now may it picafe you to have repre- "^^^ ^^^ 
fented alfo to your Wifdoms and Juftice the Na- 
ture of this Oflfence in itfelf, and how it ftands 
appareird with Circumftances. 
^ The various Compofition and Strufture of oar 
Bodies, the feveral Natures and Degrees of Dif- 
eafes, the Qiiality and Power of Medicines, are 
fuch fubtle Myfteries of Nature, that the Know- 
ledge thereof is not apprehended without great 
Sti»dy and Learning ; nor perfedled without bng 
Practice and Experience. This tender Confide- 
ration induced, it feems, the Charity and Provi- 
dence of that Law, which makes it penal for un- 
ikilful Empirics, and all others, to exercife and 
pradife Phyfic, even upon common Perfons, 
without a lawful Calling and Approbation; 
branding them that (hall thus tranigrefs, as impro- 
bos^ malitiofis^ temerarios CsT audaces Homines: But 
he that, without Skill and Calling, fhall direA a 
Medicine, which, upon the fame Perfon, had 
once wrought bad £Se£b, ("enough to have dtf- 
fuaded a fecond Adventure) and th^t when Phyfi- 
cians are {urefent } Phyficians felefted for Learn- 
ing and Art, prepared by their Office and Oaths, 
without their Confent; nay,evetvoontrary to their 
Directions, and in a Time unfeafbnable, I fay^ 
piuii needs be giiilty, albeit towards a commcm 
Perfon, of a preci^ate and uaadvifed Raihndls. 
But to pradife^ wj j^rds, isnOx Kxpenmenta 

lL % * upoa 



An, 2. Charles 1, 



iV^ 



»• "f 



1 48 Tl^ Parliamentary History 

upon the facred Perfon of a King, fo great, fo 
good, fo blefled a Prince, a Prince, under the Pro- 
tcdlion of whofc Juftice, (to ufe the Words often 
recorded by himfelf) Eyery Man Jat under his 
own Vim J and eat of his own Fig Tree^ extends 
this Fault, this Attempt, beyond all Precedents* 
beyond all Example : For tho* the Days of the 
greatefl: Princes,, like their meaneft SubjeAs, be 
numbered, and a Time appointed which they 
cannot pafs; yet, while they are upon the Eartbf 
they are Vcflcis of Honour, fet a- part for God's 
greater Works ; his Vicegerents, not to bethought 
upon without Reverence ; not to be approachwl 
unto without a proper Diftance. 

* And fo pious, my Lords, are our Laws, to put 
the Subjects in mind of their Duties towards the 
(acred Perfons of their Prince, that in the Attempt* 
even of a Madman, upon the Perfon of his King* 
his Want of Reafon, which, towards any of bis 
Fellow- Subjects, might acquit him of Felony, 
fhali not excufe him of Treafon. 

* And how wary and how advifed our Anceftors 
have been, not to apply any Thing of this Kind 
to the Perfon of a King, may appear by a Pre- 
cedent in the 32. Hen. VL where John Arun* 
dely and others, the King's Phyficians and Sur- 
geons, thought it not faJe for them to adminifter 
any Thing, to the King's Perfon, without the Af- 
fent of the Privy Council, and exprefs Licence 
under the Great Seal of England. 

* I befeech your Lorddiips to behold the Diffe- 
rence of Times : The Modefty, the Duty of 
thofe Phyficians reftrained them from adling that 
which their Judgment and Experience might 
have juftified: But I am commanded to fay. The 
Boldneis of this Lord admits no Warrant, no 
Command, no Counfel ; but, tranfported by the 
Paflions of his. own Will, he ventures upon the 
doubtful Sicknefi of a King with a Kind of high» 
fole, and finglecounfelling: The Effefls whereof, 
as iaaU other Things, fo efpecially in fuch as this^ 

• have 



0^ E N G L A N D. 149 

hvrt ever been decried as leading to Ruin andAA.s.cb«iBi. 
DeftniAion* »*^ 

* Surely, my Lords, Si Inecjiant inviridiy in ar':^ 
do quid fiat ? \l tbb be omed to the anoir ted 
perfon of a King, what (hall become of the 
common Perfon of a SubjeA i 

*' Wlttt Colour (hall be given then, mr Lords, 
what Excufe can be framed for a Servanr, (a Ser- 
vant too obliged as much as the Bounty of a great 
King, and Goodne^ of a Matter could make 
him) fo much forgetting his Duty as to hazard 
fuch a Majefty upon fo flight, fo poor Pretences. 

* Admit, my Lords, (for that is all that can 
be alledged in this g;reat Duke's Defence^ that 
this fprang from Affedion to his great Mafter, 
the Defire of his Prefervation ; yet could th:s 
Lord imagjine, that any Medicine could be fo ca- 
tholicly good, at all Tiroes, in all Degrees of 
Age, for all Bodies ? But as I am commandid to 
fay. What Belief, what Hopes couM he have of 
this the fecond Time, when the former appeared 
fo unfucceisful P 

* It is a faint Afie£Hon, my Lords, where Judg- 
ment doth not guide. A well regulated Judg- 
ment (bould have direded a more advifed, a more 
orderly Proceeding ; but whether it were a fa:«l 
Error in Judgment only, or fomething worfe, 
my Lords, in his AfiefHons, the Houfe of Com- 
mons leave to your Lordfliips to fearch into and 
judge: Only give me Leave to remember, th2: 
this Medicine found his Majefty in the Declina- 
tion of his Difeafe, and we all wifh it had left 
him fo ; but his blefied Days were foon turned 
into worfe ; and, inftead of Health and Recover} , 
your Lordfhips fhall hear, by good Teftimony* 
(that which troubles the poor and loyal Commoi.s 
of England) of greater Diftemper? ; as Drought, 
Raving, a Minting and intermitting PulTe ; ftrzr.^c 
EflFefls, my Lor3^ to follow upon the applying 
of a meer Treacle-Plaifter ! B-Ji the Truth i:, 
my Lords, thefe Teftimonies tell u«, that »'*.;: 

K 3 * PlaiHt? 



Aji,»*CharleiI 



1^9 TbfTarllamentMryJUisrQKY 

PUifter M a ftr^ge Smell aind nn invefiive Qua- 
lity, ftriking the Malignity of the Difisafe in- 
ward, which Nature, otberwife» might have ex- 
pelled outwards. 

^ And when I call to mind, my Lords» die 
Drink twice given to his Majefty by the Duke 
of BueUngbatrfs own Hands, and a third Time 
refufed; ^nd the following CcNoapIaint of that 
blefied Prince, the Phyikians telling him, to pleife 
him for the Time, that thb fecond Impairment 
was from Cold taken,' or fome other ordinary 
Caufe. N^j nOf quoth his Majefty, it W(^ thai I 
had from Buckin^am f A great Difcomfbrt, no 
doubt, that he (hould receive any Thing, that 
might hurt him, from one that he to much krved 
and affected: This makes me call to mind the 
Condition of C^far in the Senate, Et tu Brute^ 
ettuFitii 

^ Here perhaps your Lordfhips may expeft to 
he^r wh^t hath been done in like Cafts heretofore. 
It is tr^e. i;ndeed the former Charges were nor 
without Example : But as Soloit faid of hia Laws' 
not providing againft Parricidev his Reafon was, 
bqc^ufe he thought no Man was fo wicked as to . 
commit it ; fo do we not find recorded; to Pb- 
fterity any Precedent oi foraier Ages, of an Aft 
offered to the Perfon of a King, fo infblent, fo 
tranfcendent as this ;. tho* it he tcue, that divers 
Perfons, as great as this Duke, have been queftion'd 
and condemned for le& Offences againft the Per- 
fon of their Sovereign. 

' And not to trouble your Lordfhips with mqch 
Repetitipi? : It was am Article, amongfl otheis, 
laid againft the Duke of S^merftt for carrying- 
Edwar4yL away in the Night Time, of his 
own Head, but from I^mptm-Coun to Windfir j; 
and yet he was t;:ufted with, the Proteftion of bis* 
Perfon. And whether this exceed not that Of- 
fence, my Lords, I hunnWy fubmitto your Judg** 
ments. 

•^ Yet, a§ we ufed to fey, wicre the Philofo" 
ph^rft ei''d| Phyfigiaps b^la \ fo, Precedents fail- 



Of EH GLAN D. 151 

JDg tift ia chid Pbiht, CdmHiM Law will in t«rt Ao. s durlMi. 
fdpplyiii* '**•' 

< Ttle L^W jtfdgelh ^ Dised dt>ne in the Ex^u- 
ttOh 6f ah Uttlawful A&i Manilaughter ; which 
othervf ire wdtild havb b>e6h but Chance Medley : 
Atii tbat thik A£t vfta Unlawful, the Houfe oT 
Commons do believe, as Mongfng to the Diiiy 
and Vocation of a fworn and experienced Phyfici- 
aiii afifd not td the Unrkilfulneis ol" a jroung Lord. 
^ AM ta predoud afe tb^ Lives of Men in the 
Eye of the Law, that, tho' Mr. Stanford faith, 
A Phyficlart taking one ih Cure, if he dies under 
fiis Habds, it is no Fclbny, becaufe he did 'it not 
feloAioufly J yfet it is Mr. Bra^$n's Opinion, That 
if 6tief, xhvLt id no Phyficiarf or Surgeon, undertake 
a Cure, 9M the Party die in his Hands, jthis is i 
]^elOny: And the Law goeth further, making 
tlie Phyficiaris and Surgeons thetofelves account- 
able for thie Death of their Patients, if ic appeaf 
they have tranfgrefled the Rules of their own 
Art; that is, the undertaking a Thing wherein 
they had no Experience ; or, having done that, 
fail in their Care and Diligence. 

* How much more then, my Lords, is this Lord 
fubje«ll to your Lordlhips Cenfure, upon all thefe 
Circumftances, for this fo tranfcendent a Prefump- 
tion. 

* And the Houfeof Commons, my Lords, Ailing 
it but a PrefUmption, fpeak modeftly : But now 
that they have prefenied it to your Lordfliips, 
and brought it to the L ght of your Examination 
and Judgment, it will appear in its own Colours* 

* And I am further commanded from the Houfe 
of Commons, to defire your Lordfhips, feeing 
this Duke hath made himfelf a Precedent, in 
committing that which former Ages knew not, 
your LordSiips will, out of your Wifdoms and 
Juftice, make him an Example for the Time to 
come. 

* Finally, I arti iioft humbly to bcfeech your 
Lordihips^ that you will not look upon this Lord's 

^ luxuriant 



15a TheTarliamintii^ryHisto%r 

AB.ft.aiarieii.^ luxariant Boldnefs, thro* the. Infirinities an^ 
2626. < Weaknefs of me the Speaker ^ but be plea£ed» in 

* your Honour and Juftice, throughly to examine 
^ the X^uth ; and tlien to judge> according to the 

* great Wei^t and Confequence of the Matter, as 
' it is reprefented to your Lordflups ag^inft the 

* Duke of Buckingham.* 

Laftly, the Lord Bilbop of Norwich made his 
Part of the faid Report on this Manner, viz. 

My Jjoris^ I humbly. crave Favmr t$ acquaint your 
LoryhipSy thaty touching this Report I am te offer 
Wito your Lord/hips^ I could not get any Help from 
the Gentleman who maintained that Part of the 
Charge ; and therefor^y I hope^ if any Thing be 
miftaien or mijplaced in my Report^ yeur Lwd/bips 
will give it a /avourable ConJlrulfmj'^The Gentle- 
man who prefentedthe Conclufion of the Charge be^ 
gan thus (u) : ■ 

My Lords J 

* "VrOur Lordfhips have heard, in the Labours 
Sir John ElUot c j[ ^f jjjgfg j^q D^ys fpent in this Service, a 

^l^^ * * Rcprefentaiion from the Knights, Citizens, and 
- • Burgefles of the Commons Houfe of Parliament, 

* of theh- Apprehenfion of the prefent Evils and 
^ Dangers of this Kingdom ; of the Caufcs of the 

* fame 5 and of the Application of them to the 

* Duke of Buckingham j fo clearly and fully, as I 

* prefume your Lordfliips expeft I fliould rather 
f conclude, than add any thing to hb Charge. 

* Your Lordfliips have heard how his Ambition 
^ was exprefled, in procuring and getting into his 

* Hands the greateft Oflkcs of Strength and Power 

« of 

(u) In our Introdttf^ion to this Report of the Charge agalnft the 
Duke of Buckingham, [P. 44.} we took Notice of the Varittioa 
between the Manager* Speeches u ghren in the Lords Joummb^ tad 
in Mr. JiufrvBortb : This wiH &PP^r upon Coroparnon.— -But 
Sir Job^ EBioi^t, as exhibited in the' CoJUBionSp is exa6Uy the fame 
as that in the l^rds Jottmabf except a ftw yctImI Miinkes ovriag 
mA pKobihly to the Tianfcxiber. 



.Of EN..GLAND. 153 

of this Kingdom i bj what Means he had attained 
them, and how Money ftood for Merit* ^M^ 

^ There needs no Argument to pcpve this, but 
the common Senfe of the Mifenes and Misfoi^ 
tunes, which we fuSer ; adding but one, the 
Regality of our Narrow Seas, the antient Inhe- 
ritance of our Princes, loft or impeached. 
*• This I need not further to pre& ; but from 
hence my Obferv^tioii muft defcend to his other 
Virtues, aikl that by way of Perfpe&i ve : I fliaU 
give it fo near and (bort, as rather to exeicife 
your Lordfhips Memory, than to of^reft your 
Patience. 

< Firjl, I propofe unto your Lordibips the in- 
ward Charadter of the Duke's Mind, which is 
full of Collufion and Deceit ; I can expreis it no 
better than by the Beaft called by tbe Antients 
SfelUonatus ; a Beaft (b.blurr'd, fo Ipotted, b fuH 
of foul Lines, diat they knew not what to make 
of it : So do we find in this Man's Pradice ; who 
firft inveigled the Merchants, drawing them to 
Diifpi to be inthralled ; then dealt deceitfully 
with the King to colour his OiFences, his Defi^ 
being ag^nft RccMIe^nd our Religion ; next with 
the Pjarliament, to difguife his Adions : A Pradlice 
no le|s dangerous and difad vantageous to us, than 
prejudicial to our Friends and Allies* 
Next^ I prefent to your Lordfhips the Duke's 
high Oppreffion, and that of ftrange Latitude 
aiul Extent ; not to Men alone, but to Laws, 
and Sitatutes i u> A^ of Council ; to Pleas and 
Dccr^ of Q)urt ; to the t'leafure of his Majefty : 
Al) muft ftoop to him, if they oppoie to ftsmd in 
his Way. This hath been exprefled unto you 
in the. Ship called the 5/. Peter ^ and thofe of 
Dieppe I nay, he calls on the Colour of his Ma- 
je%'s great Name to fhadow his Delign. 
^ ft. had been his Duty, nay, the Truft of his 
Place, not to have tranlmitted them into the 
Hands of Strangers 9 nay, had hb Majefty yielded 
in that Point, the Duke fhould have oppofed it 

• by 



tS4 TIlii^^irAtfikmii^lbsr^^Y 

^ fikcSy'td^'^ilfc j/atid Wft f6 Mft tb»t, but to 

* M^Hitkirtpd h t6 ToUr LbfdfU'psfitfJUg ia OMo- 

* ill ; t6 hitVe defittd adi ^ray«d yoat Aid dnd 

* AffiftaMi6 ih k Mifte^ df fe ^t Ial^t«t«e i 

* And, if tHikKid iliifedj 66 ffitntld hikV« <h«ited 
' iuto il Pi^dHitfdn i%^ ft> Hiuf tu^ been 

* db()6 i>f WO^y PrMtcdIbHi lit tkt Offiee^ tad 
< ttAi had bisliii tue #foHiiy, E^fiflteTlfc of fM ^t 

* Troft rtpdIWtt his PfiK*. • ■ 

- *:rfi«»d'tfi«Ship» ^Hf MorfiMi bm'I kaev^ 

* it not ; but if J knew fo, tbb neithet ««ECUfittK 

*' ktim ei^^e fo be c6Uiri)«wfedi tot he «y b« 

* '^^tcaMi he Irft thent it IHe HiH6i ota fdt«|g6 

* IWer, Whi>; ttrherf they ^li^c! Had ^tbyt^taf 

* thitlg be fcMi^', thigi^t aHEFf hSvt k(ii)t tiMA. ' 

• The third fhii a. The Duke'i ExtoWidrt, id 

* vtsie^ftdA iht BaJi^rt^XktttlpiAyt WltMut 

* Ridit 6r QiMotir, to,oool. e3ti]uifi(dy «ltpM^ 

* aM Mdtli^thJrticyiT obfef y«d bf titt UeAtMMn; 

* (vott ibaiK bj irhota Mtfid^tA} wbOi.- bf bis 

* Mamie lirtiefie&ce, ItittAed <fR» Oftfti^Hdn, 
« Thitif the' Fleet pitied ti<)(' the WhM by fdcU 

* Tittcj at the Cape, the Vof^ Wil9 lllft. 



: t ■ ; • ■ 
' • ■ ■ . I 



tUtt one df the Lonb intSatH^iiA^i^^kd^ &id, 
/f t(/j; //&r ang that en^oyftdhmi^fUfitA^ tif 
7^£ff ElHetj \a (he Nslmtf elf thcf Commobtf^ MW 
thi^P^Otefbtiotf: ^FsurbcitflPotttheGMtfMN^ttf 
< lay th OHiimy or A/})6rfionV on Hb M^ftjr^ 
^ Name^ diey hokf hif HdtidUi^ i^^^tfefi^'iiW^tU 
^ Idaft Sftadow of BlefnHh can be fixecT D^- bin! 
^ in thir 6ttfin€&/ Thet^h^weUt th clAik '•' ' 

' Ne3tt td hb foal Ei^ohiMft fs BA^-ib^ 
^ Coitupti6bf in th6 Sale of iioHduft and dSbe^ of 
^ CbmiKiand. That which #ia# iroM to Be= i^ 
^ Ciowft' oir Vimie and Meiit; » MW bCiMflS^ i 
^ Ad^ettfafrndlse for (hcf Oreatntfeof t«0 Matf ^ W 

^ even 



^r 



(^ENGLAND. 155 

even Juffice itfidf made a Pi^ unto him. Ail Aa.s. 
which Particulan your iMiam have heard ^'^^ 
openedf and enforced with Rcafoni and P^ooft, 
What in themfelvcs they ate; and tfaeitfbre I 
fpaie further to preb them. 
< In the /AA Hacey I oMerre a Wonder in Po- 
licy and in Nature} how thii Afan, 4b notorious 
in evU, fo dangrroos to the State in liis immenfe 
Greatneft, it Mt ao fMift of himfelf, and keep a 
Being. To this I anfwer. That the Duke hath 
u&dtheHelpof Artlopn>phiaiup: ttwasap- 
parent, that, by Us Skill, he hath railed a Party 
in the Court, anurty in the Counoy, and a main 
Party in the chief Phces of Government in the 
Kingdom: So that all the moft deferving Offices 
that reauire Atnlitiet to difcharge them, are fixed 
upon tne Duke, his Allies and Kindred. And 
thus he hath drawn to him and his, the Power of 
Juftice, the Power of Honour, and the Power of 
Command, and, in eftft, the whole Power of 
the Kingdoms hoth for Peace and War, to 
ftrengthen his Allies ; and, in fetting up himfelf, 
bath fet upon the Kingdom's Revenues, the 
Fountain of Supply, and the Nerves of the Land. 
^ He intercepts, confuraes, and exhaufts the Re- 
venues of tfae^ Crown i not only to iatisfy his 
own luftful Defires, but the Luxury of others ; 
and, by emptying the Veins the Blood (bouid ran 
in, he hath odd the Body of the Kingdom into an 
bch Confiunpcion. 

^ nrfiniteSUms of Money, aiKl Mafi of Land ex- 
ceeding fhe Val»e of Money, nay, even Contribu- 
tions in Parfiament, have been heaped upon him; 
and how have they been employed ? Upon coft- 
ly Furniture, fumpcuous Fealting, and magnifi- 
cent! Buildings the vifibk Evidences of the ex- 
preis exhaufting of the State : And yet his Am- 
bition, which isboundlefs, reftetb not here ; but, 
like-^a vioTent Flame, burfteth forth, and getteth 
forther Scope. Not fatisfied with Injuries and 
Injuftice^ and diihonouring of Religion, his At- 

* tempts 



An.!. Charles I* 



fj6 Th/ti^arlhrnent^ryHisroKY 

tempts go higher,, to the Pngudice of his Sove^ 
reign^ which is pjaiS in his Pradtice. The £f- 
fip£ts I fear to fpegl^^ and fear to think. I end 
tUjs PalTage, zsCic^o did in a like Cafe, Ne gra^ 
vioribus utar Verbis, quam Ret Natura ferty out 
levhribus quam Caufa Neceffitai pojlulat. 
^ Your Lordlhips. have an Idea of the Man» 
what he is in himfelf, what in his ASedtions: 
You have feen his Power^ and fome, I fear, have 
felt it : You have known his Practice, and have 
heard the £Se£ts. It refU then to be coniider'd, 
what, being fuch, he is in i:eference to the King 
apd State; how compatible or incompatible with 
either ? In reference to the King, he muft be 
ftiled the Canker in his Treafure; in reference to 
the State, the Moth of all Goodnefs. What fu- 
ture Hopes are to be expeded, your Lordfhips 
may draw out of his AAions and AiFeftions. I 
will now fee, by Comparifon with oihers, td what 
we may find him likenM ; I can hardly find him 
a Match or Parallel in all Precedents ; none fo 
like him as SejanuSy who is thus defcribed by Ta- 
cituSf Ju4aXf Jui obtegensy in alios Criminatory 
juxt^ Adulator £sf fuperbus. 
* To fay nothing of his Veneries, if you plcafe 
to compare them, you (hall eafily difcern wherein 
they vary ; fuch Boldnefs of the one hath lately 
be^n prefented before you, as very feldom or ne- 
ver hath been feen. For his fecret Intentions 
and Calumniations, I wifh this Parliament had 
not felt them, nor the other before. For his 
Pride and Flattery, it is noted of Sejanus, that he 
did Clientes fuos Provinciis adornare. ' Doth not 
this Man the like ? A(k England^ Scotland^ and 
Ireland^ and ihey will tell you. Sejanus*s Pride 
was fo exceflive, as Tacitus faith, he neglected all 
Counfel, mixed his Bufineis and Service with the 
Prince, feeming to confound their Actions, and 
was often ftiled Imperatoris Laborum Socius. How 
lately and how often hath this Man commixed 
his Adlions, in Diftourfes, with Actions of the 
King's? 

* Mjr 



Of ENGLAND. 157 

• My Lords, I have done. You fee the Man ! xn.!. chwiei 
' Only thb which was conceived by the Knights, i6s6. 
^ Citizens, and Bur^fles, fhould be boldly by me 

* fpoken. That by bim came all theft Evils ; in him 

* we find the Caufe\ and on him we expeSl the Re- 

< meaies ; and to this End we met your Lordfliips in 

* Conference; towhich,a8yourwifdominvitesus, 

* fo we cannot doubt, but in your Lord{hipsJuflice» * 

* Greatnefs, and Power, we fhall, in due Time, 
' find Judgment as he deferves. 

^ I conclude, by prefenting to your Lordihips 
' the particular Cenfure of the Bifhop of Ely^ re- 

* ported in 1 1. Richard II. and to give you a Ihort 

* View of his Faults. He was firft of all noted to 

< be luxurious. He married his own Kindred to 

* Perlbnages of the higheft Rank and Places. No 

* Man's Bufinefs was done without his Help. He 
^ would not fuflfer the King's Council to advife in 

* Matters of State. He grew to fuch a Height of 

* Pride, that no Man was thought worthy to fpeak 

< to him. And, laftly, his Caftles and Forts pf 

* Truft ; he did ebfcuris &r ignctis Hominibus era- 

< dere. His Doom was this. Per totam Infiilam pu^ 

* blue proclametur I periat, qui perdere cun^a fefti^ 

* nat I ofprimatur^ ne omnes opprimat.* 

Then the Bifliop of Norwich added : 

My Lords, After this the Gentleman prefented to 
yoter terdjbips the Condufion of the Charge, and 
prayed it might be read^ and fo to prefent it to your 
Noble Can as follows ; 

Conclusion. Jnd thefaid Commons^ by Protef 
tation^faving to tbemfelves the Liberty of exhibiting^ at 
any Time hereafter ^ any other Accufation or Impeach- 
ment agtnnjl the fad Duke^ and alfo of replying to 
the Afters that the faid Duke fhall male unto the 
faid Articles s or to any of them y andof offering further 
Proof alfo of the PremiJJes^ or of any of them^ as the 
Cafi Jhall (according to the Cowrie of Parliament) 
repurej do pray^ that the faid Vuie may be put to 
aifwir all and every the Premlfjes \ and that fuch 

Pro- 



I jf S The Parliamentary Hi s tor y 

An. %.chzr\es I. Proceeding J Exavdnation^ Tryal, and Judgment^ 
*^^' may be up^n every of them had and ufed^ as is agne^ 
able to Low and Juftice. 

The Duke of AftcT this long Report of the Duke'a Charge was 
Buckingham ended, his Grace rofe up and affirmed to the Houfe» 
J^*w'^^J»ith*'* That fome Words were fpoken at the late Con- 
^LbSic" ference by Sir Dudley Diggs^ which fo far trenched 
Woids It the • on thc King's Honour, that they were interpreted 
fcS^ ^"' Treafonable. And that, had he not been reftrain- 
'*"*'' ed by the Order of the Houfe, he would have re- 

prehended him for them. He, therefore, earneftly 
defted, becaufe that divers Conftru£lions had been 
made of thofe Words and varioufly reported, tha^ 
the eight Lords would be pleafed to produce their 
Notes taken at the faid Conference.* 

This Motion occaiioned a long Debate, the 
Houfe being often put into a Committee and refu- 
me.d again, till, at laft,* thirty Lay-Xiords and fax, 
Bilhops, though there was no Order for it, made 
a voluntary Proteftation, upon their Honours, That 
Setenl Lords, the faid Sir Dudley Diggs did not /peak any Thmg 
^^j^^^^"""' at the faid Conference^ which did or might trench 
upon the Kng^s Honour ; and^ if he bad^ they wwld 
preffntty have reprehended him for it. 

The Lord Pk-efident [the Earl oi Manchifter'] af- 
firmed, ^ That he bad reported the Words in the 
fame Senfe they were delivered unto him by the 
Party himfelf ; and, tho' the Diflocation of them 
required to be explained, yet be agreed with the reft 
of the Lords for the Party's good Meaning, and 
made the fame Proteftation. Some other Lords af- 
firmedgt They did not hear them at all ;. othera iaid. 
They would make no Proteftation untill they were 
commanded by Order ; and only one, the Earl of 
Holland^ thought the Words were fit to be explained 
and the Party queftioncd about them. 

This is all that is faid, in the Lords Journcds^ re- 
lating to Sir Dudley Diggfs Cafe ; for Sir John El- 
liotts did not come before them. We (hall now re- 
turn back to the Proceedings of the other Houfe^ 
and learn how this BufindGs wont there. 

Thc 



Of B N Q L A N D. ijp 

Tb(» Comooon^ hW^^Y rdtnted the ImprifoD- Ams.GhtrkiK 
meat of ())eir two Members ; and* May the I2tb, '^^ 
a^i^ly refplyed, il9t tn do any m§ri Buftnefi till 
ttiy^ wr^ right^ pi ibdr PriviUgiS. Sk JjudUy The Conaioiit 
Parlion^ Vic^Chambcrlain of the Houlhold, ob-'*?^^^^ 
ferving ft fullen SiletKe, as be termed it» in the ^JS^^^^ 
Hou(e». began a Speech in order to bring them to SjAnSLu 
better Temper. The Heads of this Speech is en- 
ter^ in the Commons Journals of this Pay» Mr. 
Ruflmorih hath given us^ the iame at lengtb, ex- 
cept in an ExprelBon or two^ and is in tbefe 
Words : 

I Find) by a great SSence in this Houfe, that sir Dudley Ctefe- 
it is a fit Time to be heard, if you pleafe to <^*« Spnch m 
giire me the Patience. I may very fitly compare ** ^^«»fi«n- 
the Heavinels of this Houfe unto fome of my 
Mi^rtunes by Sea ip my Travels: For as we 
were bound unto MarfiUks^ by Overfight of 
the Mariners we miftook our Courfe, and by ill 
Fortune met with a Sand : That was no fooner 
overpaft, but we fell on another^ and having e- 
fcaped this likewife, we met with a third* and 
in that we ftuck; iaft. AU of the Paflengers be- 
ing much diimayed by this pifalter, as now we 
are here in this Ho^fj^ for the Lofs of thofe two . 
Members : At laft an old experienced Mariner, 
upQn Confultation* a&med. That the ijpeedieft 
Way to come out. from the Sands, was to know 
bpw we came there : So, well looking and be- 
hold'u^g theCompafs, he found by going in upon 
fttcb a Point we were brought into that Strait; 
wherefore we muft take a new Point to redify 
and bring us out of Danger. 
^ This Houfe of Parliament may be compared 
to the Ship ; the Sands to our MeiTages \ and the 
Commitment, to the Sands that the Ship did (lick 
ftdQ; in ; apd hftly the Coropafs, to the Table 
where the Book of Orders doth lie. Then I be- 
ieecb- you let u{i look iiito the Book where the 
Qixkrs arOf wither, the Qentlemen did go no 
• • • further 



Ah. 2. 
I 



Charles 
6i6. 



{'■ 



1 66 The Tarliafrtentary Hi s to r t 

further than the Order did warrant them. If 
they did net, it is fit that we (hould defend them 
whom we employed in our Behefts : But if they 
have exceeded their Comrhiffion, and delivered 
that which they had not Warrant for, it is juft 
that we let them fuffcr for this Prefumplion; 
and this our Courfe will bring us from thefe Rocks. 

* I befeech you Gentlemen, move not his Ma- 
jefty with trenching upon his Prerogatives, left 
you bring him out of Love with Parliaments. 
You have heard his Majefty's often Meflages to 
you, to put you forward in a Courfe that will be 
moft convenient. In thofe Meflages he told you. 
That if there were not Corrcfpondency between ' 
him and you, he (hould be inforced to ufe new 
Counfels. Now I pray you confider what thcfe 
new Counfels are, and may be : I fear to declare 
thofe that I conceive. In all Chriftian King- 
doms you know that Parliaments were in Ufe an- ' 
tiently, by which their Kingdoms were govern- 
ed in a moft flourifhing Manner, untill the Mo- 
narchs began to know iheir own Strength ; and 
feeing the turbulent Spirit o\ their Parliaments, 
at length they, by little and little, began to ftand 
upon iheir Prerc^atives, and at lalt overthrew 
the Parliaments throughout Chriftendom^ except 
here only with us. 

* And indeed you would count it a great Mifc* 
ry, if you knew the Subjedts in foreign Coun- 
tries as well as myfelf, to fee them look not like 
our Nation, with Store of Flefh on their Backs, 
but like fo many Ghofts, and not Men, being 
nothing but Skin and Bones, with fome thiii 
Cover to their Nakednefs, and wearing only 
wooden Shoes on their Feet ; fo that they can- 
not eat Meat, or wear good Qothes, but they ' 
muft pay and be taxed unto the King for it* 
This is a Mifery beyond Expreflion, and that ' 
which yet we are free from. Let us be careful 
then to preferve the King's good Opinion of 
Parliaments) which bringeth this Happinefs to this ' 

' NatioDt 



0/ E N G L A N D. i6i 

NatioDf and makes us envied of all otbers,Aii.a.Chtfleti. 
while there is this Swcetnefs between his Majefty '^**' 
and his Commons ; left we lofe the Repute of a 
free-born Nation, by Turbulency in Parliament. 
For, in my Opinion, thegreateft and wifeft Pare 
of a Parliament are thofe that ufe the greateft 
Silence, fo as it be not opiniative, or fullen, as 
now we are by the Lois of thefe our Members 
that are committed. 

* This good Correfpondency being kept between 
the King and his People, will fo join their Love 
and Favour to his Majefty with liking of Parlia- 
ments, that his Prerogative (hall be preferved en- 
tire to himfelf, without our trenching upon it ; 
and alfo the Privilege of the Subjedl ("which is our 
Happinefs) inviolated, and both be maintained 
to the Support of each othe^ And I told you, 
if you would hear me patiently, I would tell 
you what Exception his Majefty doth take at 
thofe Gentlemen that are committed. You know 
that eight Members were chofen to deliver the 
Charge againft the Duke, but there were only fix 

•" employed for that Purpofc i and to thefe there 
^ was no Exception. 

* As for Sir Dudley Diggi*s Part, that was the 
*^ Prologue ; and in that his Majefty doth conceive 

* that he went too far beyond bis Commillion, in 

* prcfling the Death of his ever-blefled Father in 
' thefe Words, That he was commanded by the 

* Houfe, to fay concerning the Plaifter apply 'd ro the 

* King, That he did forbear to Jpeak further in re- 

* gari of the King^s Honour^ or Words to that Ef- 

* feft. This his M^efty conceiveth to be to hii 

* Diflionour, as if there had been any underhand 

* Dealing by his Majefty, in applying of the Plai- 
^ fter ; and this may make his Subjedls jealous of 

* his Doings : In this Point his Majefty is aflured 

* that the Houfe did not warrant him. Now for 

* that which is excepted againft Sir John Elliot ^ 

* ^is Over-bitternefs in the Aggravation upon the 

* whole Charge, and fpecially upon fome of the 

* Heads of it ; [as I never heard the like in Par^ 
VpL. VIL L « lament 



An. 2. Charles I. 



162 The Tarliamntary History 

Uament before ; bat 1 have indeed heard the Hie 
when a Criminal was indi^ed^ or accufed ai a 
Bar,] For if you pleafe to remember, when t 
moved for putting of the St. Peter of Newhdven 
out of the Charge againft the Duke of BucHng" 
ham^ and (hewed my Reafons for that Purpofei 
you know how tender Sir "John Elliot was of it, 
as if it had been a Child of his own ; and b 
careful in the handling thereof by a Strangcr,4hat 
he would not fuffer it to be touched, tho* with 
never fo tender a Hand, for fear it might prove a 
Changeling ; which did manifeft, how fpecious 
foever his Pretences were, that he had Ocubim in 
Cauda : And, I muft confcfs,! was heartily forry, 
when he delivered his Aggravation to the Lords, 
to fee his Tartnefs againft the Duke ; when as 
he had occafion to name him, he only gave him 
the Title of This Man, and The Man ; whereas 
the others obferved more Refpedl and Modefty in 
their Charges againft fo great a Perfon as the 
Duke is, confidering that then he was not con- 
vided, but ftood re£fus in Curia, Lajlhf, for 
preffing the Death of his late Majefty, you know 
that the Senfe of the Houfe concluded. That it 
was only an Aft of Prefumption ; nav, fome of 
them exprefly faid, Nay^ Gcd forbid^ that I JhmU 
lay the Death of the King to Us Charge. If he, 
without Warrant from the Houfe, infiftcd upon 
the Compofition of the Plaifter, as if there were 
Aliquid latet quod non patet : This was beyond 
his Commilfion from our Houfe, and this is that 
which his Majefty doth except againft : And this, 
I fay, drew his Majefty, with other infolentin* 
veftives, to ufe his Regal Authority in commit- 
ting them to the Tower. [I mvue therefore^ f$r 
a Grand Committee to confider of the beft Remedf 
to get us out of this Strait.] {x)* 



The next Day, Mr. Rolles^ from the Commit* 
tee appointed by the Houfe, reported, ' That the 
* Words fpoken by Sir Dudley DiggSj againft which 

' bis 

{x) The Faflages in CrUthitt atf /upplied from the J9urntjt% 



0/ E N G L A N D. Kfj 

* his Majefty had taken Exception, were, ThatAn.i.charieii. 

* he (hould fay, by the Command of the Houfe, on i6x6. 

* the Particular of the Plaifter applied to the Bo- 

* dy of the late King, 7bat he did forbear to /peak 

* auy further J in regard of the King^s Honmr ; or 

* Words to that Effeft.* And that the Committee 
had refolved, ^ That a fdemn Proteftation (hould 

* be made by every Member of the Houfe, abfent 

* or prefent, againft their giving Confent to the 

* fpeaking of any fuch Words. The Form of 
f which was as followeth.* 

/ protefij before Jlmighty God and this Houfe cftht Onunons 
Parliament^ That I never gave Conjent that &>P«>t«ft*tion re- 
Dudley Diggs Jhouldfpeak thofe Words which he ii^^""^^^^ 
noiv charged wiihally or any Words to that Effe^\ 
and I have not affirmed to any that he did fpeak fuch 
Wordsy or any to that Effect. 

But the King having been better fatisfied of SirHeisdifchirged 
Dudley Diggs*s Innocency in this Refpeft, releafedby the King. 
him from the Tower ; and the Day after he took 
his Seat in the Houfe. He there made a Protefta- 
tion, That the Words charged on him were fo far 
from being his Words, that they never came into his 
Thoughts. What had let the King into this Error, 
was common Report ; and, afterwards fending for 
five or fix Note- Books, they feemed to confirm it. 

But the Cafe of Sir John Elliot was fomewhat . 
difierent; tho' this Gentleman was releafed from 
his Confinement near as foon as the former. May^^ i, aifo sir 
the i5ih, the Chancellor of the Exchequer deli- John Elliot. 
vered a MeiTage from the King to the Houfe, 

* That the King was very careful not to enter up- 

on their Privileges, good Teftimony of which he^'^^* ^^^^ 
haA given by his Proceedings with Sir Dudley Diggs.^^'^* 
But that the Bufinefs of Sir John Elliot was of an- 
other Nature ; and altho' his Majefty, by the Infor- 
mation given him, difliked the whole Manner of 
his Delivery of that which he had Commandment 
from the Houfe to fpeak, yet the King charged 
Sk John Elliot with Things extrajudicial to that 
Authority. He therefore wiftied they would pro- 
ceed on chearfully with the Bufinefs of the Houfe, 

L a refting 



164 TheTarliameHtary KisroKY 

Aii.».cbarle)i,reftiDg upoH this, that the King would, by no 
^**** means, violate any of their Privileges/ 

But it being defired by fome. That the Word 
extrajuMcial might be explained. Mr. Chancellor 
laid, * It was the King's own Word, and therefore 
he could not do it, without his Majefty's Leave. 
But he would move the Kang for it, and then wil-' 
iingly fatisfy the Houfe about it. The Confidera- 
tion of this Meffiige was defened to the next Day ; 
and, by general Voice, Mr. Herbert^ Mr. SekbXf 
Mr. Glanville^ Mr. Sberland^ Mr. Pymmi^ and 
Mr. Wandisford^ were cleared from having exceed- 
ed their Commiflion, given them by the Houfe, in 
any Thing which pafled from them In the late Con- 
ference with the Lords. 

But it was pot till May the 20th, that a Motion 
was made in the Houfe concerning Sir J An EBkif 
whether he (hould come and fit there, having been 
charged with high Crimes, ixtrajudicial to that 
Houfe. The Minifters allowed of his coming; 
and accordingly Sir Jehfty having taken hb Places 
Mr Vice* Chamberlain ftood up and faid, ' That 
he did not charge him with Crimes, but only gave 
him an Occalion to^ifcharge himfelf of whatfoe- 
ver might be objedled againft him, for any Thing 
which pafled from him at the Conference. That 
all the other feven Managers ufed refpeftive Words 
againft the Duke ; but for the Manner of his Speedi, 
it was thought to be too harfh and tart towank the 
Perfon of bis Grace. Firft, in the Matter ; repre* 
fenting a Chara£it*r of the Duke of Buckinghmift 
^ Mind, comparatively with a ftrange Beaft calkd 
^ StelUonatus't which was not in the Charge agiinft 
him. Next, in faying fomething contrary to the 
Mind of the Houfe ; as his not knowingof the Re- 
turn of the Ships cut of Franciy Thsy fay tbey.mr$ 
come but I know it not: Which might be concoftd 
to be a Doubt of the Houfe ; fince he faid. That in 
Obedience to the Houfe he fpoke it. His Phrafe of 
That Man; in all Languages this accounted btfe^ 
and a great Indignity to be ufed to Perfoos of flo- 
nour. I'hat his Offence founded very ill abroad 

. * in 



0/ E N G L A N D. 165 

in making hiftorical Comparifons. As of Sejanus ; An. 2. Charles i. 

of the Bifliop of Ely ; that he was audax^ fuper-^ '^^^' 

bus^ Adulatory and, fpeaking of Sejanus^ faid. He 

would not touch his Venefices and Veneries ; 

wherein he was conceived to aim at the Duke. 

In the Main, That he cut off the Words of the 

laft Charge, with a Quotation out of Cicero; as if 

fome Thing? were in the Charge covered, which 

were not yet difcovered. And all this contrary to 

his Direflions from the Houfe/ 

To this Accufation Sir John ESiat replied, 
' That he gave Thanks to Mr. Vice- Chamberlain, 
for his plain Dealing with him, and miniftring 
Occafion for him to clear himfelf. He defired 
that the Complaints againft him might be particu* 
larly charged, that he might anfwer them one by 
one diftinftly. And moved, that if any other in 
the Houfe could charge him further, they would 
now do it, that he might anfwer them feverally.' 

« Fir/l, For the Word Stellmatus : That for 
his Honours, Offices, ^c» he failed with his Ambi- 
tion ; but for his Deceit and Fraud, becaufe no 
Word could decypher it, he ufed the Word Stel-^ 
Bonatus ; which is a Beaft of fo many Colours, as, 
one beholding of it cannot tell what Colour it is. 
The Inftances herein were, iil drawing Money 
from the Merchants:— —His getting them to fend 

their Ships into France there to be trapped : To 

abufe the King therein, and alfo the Parliament : 

All thefe under the Word SuUianatus. Next, 

for his faying. He knew not that the Ships were come^ 
and that in Obedience to the Houfe ; he confeffed he 
did nof know, tho' he did hear they were returned ; 
for it was true, he heard it in that Houfe ; but nei- 
ther then, nor now, knoweth it certainly For 

the Words, Ihe Man ; he faid he fpoke not hy the 
Book, but fuddenly. That he did oft give the Duke 
his Titles, but for Brevity's fake, he ufed the 
Words, The Man ; which is ufed in all Languages, 
as lUe & Ipfe. He thought it not fit at all Times 
to reiterate his Titles-, and yet thinketh him not to 

be a God. For Sganus and the Bifliop of Ely ; 

L } for 



1 66 The Parliamentary History 

Am*, charldl.for thc firft he had parallelled him in four Particu- 
i6z6. lars, as(j') ******** nor did he apply the 
Veneries and Venefices of Sejanus to him, but ex- 
cluded them. If applied by the Duke to himfelf, 
he prayed, that hb Mifapplication might not make 
that, which he never intended, to be his Fault. 
To the Bifliop he compared him for the exbauft- 
ing and luxurious employing of the King's Reve- 
nue; conferring Honours upon obfcure Perfons, 
his Boldnefs ; £5 pereat ne omnes pereant. But be 
protefted that in none of thefe Examples, he meant 
to parallel Times to thefe, nor any other Perfon 
but to the Duke.— For the cutting off the lafl: 
Charge in the Words of Ciceroy he faid, this fell 
not from him in the Conclufion ; to evince whichi 
he related the Particulars, and, as he remembred, 
the very Syllables of what he had then iaid/ 

• Laftly^ For the Manner of his Speech; as 
having too much Vigour and Strength : — He faid, 
he could not excufe his natural Defefts ; but he then 
endeavoured, and ever did in this Houfe, to avoid 
Paffion ; and only defired to do his Duty with the 
beft Life he could. And, for exceeding his Com- 
miffion ; he defired to underftand the Particulars 
wherein, and then he would give an Anfwer.* 

After Sir John Elliot had ended his Juftification, 
he withdrew, of himfelf, the Houfe refufing to or- 
der it. And it was refolved upon the Queftion, 
♦ That Sir John Elliot had not exceeded thc Com- 
miffion given him by the Houfe, in any Thing 
which pafled from him in the late Conference with 
the Lords.* The like was done for Sir Dtdley 
Viggi ; and both without one Negative. 

We have chofe to follow the much more au- 
thentic Teftimony of the Journalsy for this iaft 
Affair, tho' in a rougher Drefs than the Account of 
it in the Colle^ions : And fhall conclude with fome 
Obfervations, from an Hiltorian of thefe Times, 
relating to it, and to the Imprifonment of Members 
formerly, on the like Occafions. 

ThU 

( y) Hifituf Un (he JvtnalK 



0/ eS( gland. 167 

This Hiftorian (2?) though, perhaps, a little too An. 2. Charles i. 
warm in the Roy^l Gaufe, fays, ' That Sir Dud/ey '^*^- 
^igs and Sir Jahn Elliot t whom he calls the Fan 
and the Rear of the Commons^ were beckon'd out 
of the Houfe of Lords, at the Time of the Im- 
peachment, to fpeak to two Gentlemen, who 
proved to be Me^cngers, with a Warrant to carry 
thembpth to the ^otver : Where they laid, till ihe 
Judges joined in one Opinion, That their Reftraint 
was an Arre/t of the whole Body^ no Reafon being \^^^^l^^!^^^ 
given to the Houfe for it ; and a Breach of Privi- McmbmTfthc 
lege muft follow, Th^r this being remonftrated to Lower Houfe by 
the King, they were difcharged upon it.' *^^ ^^^^"• 

But adds our Author, ' What Grounds oV Pre- 
cedents the Judges had, befides this late Law of 
their own making, I know not. It was well 
known. That in Sie 35 th of Queen Elizabeth (j), 
Mr. feter Wentworth and Sir Henry Bromley peti- 
tioned the Upper Houfe to be Supplicants, with 
them of the Lower, to her Majefty, For entailing the 
Succefflon of the Crown ^ the Bill being drawn by them : 
That they were, immediately, call'd before the 
Council and commanded to forbear the Parliament, 
and were fecured in their own Lodgings. And, 
after further Examination, were committed, fFent- 
worth to the Tower, and Bromley^ with fomc others, 
to the Fleet.* 

* Another Inftance, one Mr. Morrice^ a Mem- 
ber, for moving againft the Juflice of the Courts 
of Ecclefiaftical Judges, Subfcriptions, and Oaths, 
was taken out of the Houfe, and committed to 
Prifon. And when Mr. Wroth moved the Houfe 
to be humble Petitioners to her Majefty for his Re- 
leafe, they were anfwered, That the ^cen muft 
not account for Anions of Royal Authority^ which 
might be of high and dangerous Confequence ; nor did 
it become them to fearch into the Prerogative of. Save- 
reigns,*^-^^ With fo high a Hand did this Queen, 
Patris ad Exemplum, carry Matters towards her 
Parliaments ! 

Thefc 

{z) Sanderfon'^ Life of King Chartet I, p, 45, 
{a) See VoU IV. p. 365, et Paftm, 



i68 TheTarliafnentaryKisroKY 

An. %. charlei I, Thefe Inftanccs citcd by our Hiftorian, and others 
162$. jj^ former Reigns, the Truth of which appears from 
the Courfe of thefe Enquiries, muft fhew that the 
Imprifonment of Commoners^ however unjuftifiable 
in itfelf, was no unprecedented Stretch of the Royal 
Prerogative.— ——But we now return back to the 
Proceedings of the Lords in the Beginning of this 
Parliament, in order to take Notice of the Impri- 
fonment of a PeeVi which occafioned a good deal 
of Noife, at that Time, and created much Diftur- 
bance in that Houfe. 

On the 14th of March the King had committed . 

the Earl of Arundil to the Tower ^ but the Caufe of 

his Commitment was not exprefied {b). The Lords 

were highly difcontented at bis Commitment in 

Time of Parliament; and thereupon refolved to 

^,^*JfJ^f *take the fame into their Confiderations ; and fo to 

ment of the Earl proceed therein, asto give no juft Caufe of Offence 

pf ArMiidei da- to his Majefly, and yet prcferve the Privileges of 

4\n^ tji» s^oioii, Parliament. This gave Occafion to the following 

Petitions, Anfwers, and Replies ; which, being an 
Affair of fo great Confequence to the Peerage, we 
{hall give in a regular Series, without the Interven- 
tion of any other Matters. 

On the 24th of March the Lord Keeper fignified 
to the Houfe, that having acquainted the King 
of their Lordfhips Refolutions in this Matter, he 
was commanded to deliver this Melfage from his 
Majefty unto their Lordfhips, viz* 

That the Earl of Arundel was rejirained for a 
Mijdemeamr wh'ch was perfonalto his Majejly^ and 
lay in the proper Knowledge of his Majefty^ and had 
no Relation to Matters of Parliament, 
Proeeeding* Hereupon the Houfe was put into a Com- 

^berenpon. mittee 5 and being refumed, the Lords Committees 
for Privileges, {jfr. were appointed to fearch for 
Precedents concerning the Commitment of a Peer 
of this Realm, during the Time of Parliament ; and 

the 

(t) Mr. Ru/hivortb tells us. It was conceived to be about the 
Marriage of the Lord Maltravers, the Earl's eldeft Son, to the 
young Duke of Lt:tJ6X*s SiAer, which was brought about by the 
Contrivance of the Countcfs of ^rundel aiid the old Duchefs of 



Of ENGLAND. 165^ 

the Lord Chief Juftice (c)^ Mr. Juftice Dodderidgi^AsL^.chaAmh 
and Mr. Juftice Yilvirton (d)^ were appointed to *^^^« 
attend their Lordfhips in that Behalf. 

• Th.c Day after the Lord Keeper had dcliverM 
the above Meffage, the Lord Ley^ Lord Treafurer, 
delivered another from the King in hac Verba : 

TJT'Henas upon a Motion made by one of your Lord-- 
^^ JKps^ the Lord Keeper did Yeflerday deliver a 
Meffage from bis Majejiy^ that the Earl of Arundel 
was reftrained for a Mifdemeanor which was per^ 
final to his Mq/ejly^ and lay in the proper Knowledge 
of his M^efly^ and had no Relation to Matters of 
Parliament : His Majeflj hath now commanded him 
to ftgnify to your LordJbipSy that he doth avow the 
meffage in Jort as it was delivered^ to have been 
done punctually J according to his Majejlfs own Di- 
region ; and he knoweth that he hath therein done 
jujlly^ and not dimini/bed the Privileges of that Houje. 

And becaufe the Committee appetoted to fearch 
for Precedents) ^c. had not yet made any Report 
to the Houfe; therefore the Diredions for thisBu- 
finefs were fufpended for that Time. 

April %. The Earl of Hertford made Report to 
the Houfe, That the Lords Committees for Pri- 
vileges had met ; and that the iirft Queftion that 
arofe among them was. Whether thofe Proxies 
were of any Validity which are deputed to any 
Peer, who fitteth not himfelf in Parliament? And 
it was conceived that thofe Votes were loft : Where- 
upon the Committee found this Houfe to be depri- 
ved of five Suffrages by the Abfence of the Earl of 
ArundiU unto whom they were intrufted: And 
the Committee finding by the Journal- Book ^ that 
the Sub- Committee, which was appointed to fearch 
Precedents for Privileges concerning the Commit- 
ment of A Peer in the Time of Parliament, had 
not yet niadc Report to the Houfe: And then con- 
fidering together their Notes of Precedents whereof 
they made Search, found that no one Peer had 

been 

(f) Sir Randolph Crew, Cbron, Jurid. 

C^J Sec Vol. V. p. 391. 



170 TheTarliameutatyKisrQKY 

Ah, ». Charto I. been Committed, the Parliament fitting, without 
iM^ Trial of Judgment of thp Peers in Parlian^ent ; and 
that one only Precedieni of the Bifliop of Winche- 
Ji^x in the Book- Cafe, in the Reign of Edw, III. 
which was here urged, canpot be proved to be in 
Pkrliamcnt-Time; and this the Lords of the grand 
Committee thought fit to offer to the Confideration 
of tbq Houfe. 

* hereupon th^Hpufe wa^ moved to give Power 
tQ the Lords Sub-Cpm.n^ittee8 for Privileges^ l^c. 
to proceed in th^ Search of Precedents of the Com- 
mitment of a Peer of this Realm during the Time of 
Parliam^t \ and th^t the King's Counfel mightfliew 
them fuch Precedenljs as they have of the faid Com- 
mitment; and that the faid Sub* Committee may 
make the Report unto the Houfe at the next Accefs. 

All which was agreed unto, and thefeLords were 
caird unto the faid Syb- Committee, viz. the Lord 
Treafi\rer, Lord Prefident, Duke of Bmkingham^ 
Earl of Dorfet^ Earl of Devon^ Earl of Clare^ the 
Vifcount Walingford^ Vifcount Mansfield^ and Lord 
North : The King^ Counfel were alfo appointed 
to attend thefe Lords. 

jfpril 1 8. The Lord Prefident reported the Proceed- 
ings of the faid Sub- Committees for Privileges, ^c. 
upon Commitment of the Earl of Arundel^ viz* 

* That the King's Counfel had fearched and ac- 

* quainted the Lords Sub- Committees with all that 

* they bad found in Records, Chronicles and Sto- 

* ries, concerning this Matter : Unto which the 

* faid Lords Sub-Committees had given full An- 

* fwer, and alfo fhewn fuch Precedents as did main* 

* tain their own Rights.' 

The Precedents being read, it was refolvcd upon 
the Queftion, by the whole Houfe, Nemim difen^ 
tiente^ 

« That the Privilege of this Houfe is> That no 

* Lord of Parliament, the Parliament fitting, or 

* within the ufualTime of Privileges of Parliament, < 

* is to be imprifoned or reftrained without Sentence 

* or Order of the Houfe, unlefs it be for Treafon or 

* Felony, or refufing to give Surety of the Peace.* 

And 



0/^ E N G L A N D. 171 

. And it was thereupon ocdered> That the faidAa.i.ciiirleti. 
Lords Sub-Committees for PriYileges, ISc. or any ■•^ 
five of them» (ball meet diis Afternoon, to confider 
of a Remonftrance and Petition of the Peers con- 
cerning the Claim of their Privily from Arrefts 
and Imprifonments during the Parliament : Which 
was conceived by the Lords Sub-Committees for 
Privil^es, according to the Order of the Houfe, 
and was read openly, viz. 

May it pleafe your Majifty^ 

WE the Peers of this your Realm, aiTembled 
in Parliament, finding the Earl of Arun-. . 
dil abfent from bis Place, that fometimes m this 
Parliament fat an0K>ngft us» his Prefence was 
therefore called for : But thereupon a Meflage 
wa3 delivered unto us, from your Majefty, by the 
Lord Keeper, that the Earl of Jrundil was re- 
ftrained for a Mifdemeanor which was perfonal 
to your Majefty, and had no Relation to Mat* 
ters of Parliament. This Mellage occafioned us 
to inquire into the Ads of our AiK:e&ors, and 
what in like Cafes they had done ; that fo we 
might not err in any dutiful Refpeft to your 
Majefty, and yet preferve our Right and Privi* 
lege of Parliament. And after diligent Search 
both of all Stories, Statutes and Records, that 
might inform us in this Cafe, we find it to be an 
undoubted Right and conftant Privilege of Parlia* 
ment, T6at no Lord of Parliament^ the Parlia^ 
niiut fitting^ or within the ufual Times of Privi- 
leie cf Parliament^ is to be imprijoned or re/lraift" 
ed^ without Sentence or Order of the Houfe^ unlefs 
it he for Treafin or Rlony^ or for refuftng to give 
Surety for the Peace (d). And to latisfy ourfelves 
the better, we have heard all that could be al- 
kdged by your Majefty 's Counfel learned at Law, 

* that 

(i) The Precedents in Favour of this Refolution, and alfo thofe 
froduccd againft it by the Attoroey-Genenl, are all particularly re- 
cited at large in Elfyng*9 Anti^t Method of Holding Farliamcnti^ 
(Loiid« 1675) P* '^7' (0 2I>* 



1 7i The parliamentary Hi story 

Aji.ft.ciiarleii. ^ that might any way weaken or infringe thk 
1626. « Claini of the Peers ; and to all that can be (hewed 

* or alledged» fo full Satisfa£li6n hath been given^ 

* as that all the Peers of Parliament, upon the Que- 

* ftion made of this Privilege, have, una Voce^ 

* confentedy that this is th^ undoubted Right of the 

* Peers, and hath inviolably been enjoyed by them. 

* Therefore we, your Majefty*s loyal Subjefts, 

* and humble Servants, the whole Body of the 
^ Peers now in Parliament afTembled, moft hum* 

* bly befeech your Majefty, that the Earl oiAruri' 

* delj a Member of this Body, may prefently be 

* admitted with your gracious Favour to cortie, 

* fit, and ferve your Majefty and the Common- 

* Wealth in the great Affait of this Parliament- 

* And we (hall pray, ^c* 

This Remonftrance and Petition to the King 
was approved by the whole Houfe, who agreed, 
that it (hould be prefented by the whole Houfe to 
his Majefty ; and it was further agreed, that the 
Lord Prciident, the Lord Steward, the Earl of 
Cambridge^ and the Lord G reat- Chamberlain fhould 

?refently go to the King to know his Majefty's 
leafure when they fliall attend him. 

Thefe Loi-ds returning, the Lord Prefident re- 
ported, that his Majefty had appc^nted the next Day 
for the whole Houfe to attend him with the faid 
Remonftrance and Petition, in the Chamber of 
Prefence at Whitehall, 

And it was agreed. That the Lord Keeper 
flioujd then read the fame to the King, and prefent 
it to his Majefty. 

April 20. The Lord Prefident reported the 
King's Anfwer accordingly, tothisEfteft: 

Ihat their Lord/hips having fpent fome Time aiout 
ibis Bufinefsy and it being of fome Confequena^ his 
Majefty Jhould be thought rq/o if he Jhould give ajud- 
den Anfwer thereto ; and therefore will advije y it^ 
and give them a full Anjwer in convenient 7imi* 

April 



Of ENGLAND- 173 

April 2i« It Was ordered that the Houfe (hould An. %. Charkti. 
be called over on the 24th, which was done ac- '^^ 
cordingly ; and the Earl of ArtmdiPs Name being 
called, the Lord Keeper fignified unto the Houfe, 
that his Majefty had taken into Confideration the 
Petition exhibited by their Lordlhips on the 19th 
of jtprilj concerning the Earl of Arundel^ and will 
retOrn an Anfwer thereunto with all Expedition. 

May z. It was ordered that the Lord Keeper 
fhould move his Majefty, from the Houfe» for a 
fpeeedy and gracious Anfwer unto their Petition on 
the Earl oiArundePs Behalf: And on the 4th the 
Lord Keeper fignified unto their Lordfhips, that 
according to the faid Order, he had moved his Ma- 
jefty, from the Houfe, on the Behalf of the Earl of 
Arundel ; who anfwered, 

b is a Caufe wherein he hath had a great deal ef 
Care J and is willing to give their Lerdjbips Satis* 
fo^ion^ and hath it in his Confideration how to do it ; 
and hath been interrupted by other BuftnefSy wherein 
Mr. Attorney hath had Occafton of much Conference 
with him {as their Lordjbips are acquainted) : But 
will with all Conveniency give their Lordjhips Satis^ 
faction^ and return them an Anfwer. 

May 9. The Houfe being again moved to pe- 
tition the King touching the Earl of Arundely cer- 
tain Lords were appointed to fet down the Form 
of the faid Petition ; who reported the fame in 
Writing, as foUoweih, viz. 

May it pUafe your Majefty^ 

• *¥ T JTHereas the whole Body of the Peers now 

• VV aflembled in Parliament, did, the 19th 

* Day of Aprilj exhibit to your Majefty an hum- 

* ble Remonftrance and Petition concerning the 

• Privilege of the Peers in Parliament, and in par- 

* ticular touching the Earl of ifr««^W} whereupon 

• we received a gracious Anfwer, that, in conve- 
^ nient Time, we (hould receive a fuller Anfwer, 

* which we have long and dutifully attended : And 
' now at this Time, fo great a Bufineis being in 

* handling 



174 T^ Tarliamentary History 

An. 2. Charles I. < handling in the Houfe, we are prefled by that 
J626. i Bufinefe, to be humWe Suitors to your Majefty, 
* for a gracious and prefent Anfwer.* 

This being read, was approved of by the Houie, 
and the iaid Committee appointed to prefent the 
fame unto his Majefty from the Houfe, at fuch 
Time as the Lord Chamberlain fhall iignify unto 
them, that his Majefty is pleafed to admit them to 
his Prefence. 

On the 1 1 ih of May the Lord Prelident report- 
ed the King's Anfwer to the faid Petition :* That 
he did little look for fuch a MeJJage from that Houfe ; 
that himfelf had been of the Houje, and did never 
know fuch a Meffage from the one Houfe unto the 
ether : Therefore when he received a Meffage fit to 
tome from them to their Soveregn^ they Jball receive 
an Anfwer, 

* The Lord Prefident further reported. That the 
Lords Committees appointed to deliver the Petition 
to the King, did thereupon withdraw, and require 
him humbly to defire his Majefty to be pleafed to 
let them know unto what Point of the faid Petition 
he takes this Exception j and that his Majefty 
willed him to fay this of himfelf, viz. 

The Exception the King taieth^ is at the Peremp* 
torinefs of the Term^ To have a prefent Anfwer | 
and the King wonders at their Impatience, ftnce hi 
hath promifed them an Anjwer in convenient Time. 

Hereupon the Houfe altered their former Peti- 
tion, leaving out the Word prefent, and appointed 
the former Committee humbly to deliver the fame 
to his Majefty. 

May 1 3. The Lord Prefident reported the King's 
Anfwer to the Petition, vi%. 

/T is true the ff^ord ipreknt) was fomewhat firange 
to his Majejfy, becaufe they did not ufe it from 
ene Houfe to another 5 but new, that his Mqjefly 
knows their Meaning, they Jball know this from him, 
that theyjhall have his Anfwer fo foon as conveniently 
he can \ and this Us Majefty willqffuretbem^ it /hall 

^ ti 



Of E N G I. A N D. 175 

U fuih an Anfwer as they fiall fee will not trench An* t.Ctink»h 
upon the Privileges of their Ibufe. '•*•• 

May 17. Their Lordfiiips being moved to re- 
new their humble Petition to the King in favour of 
the Earl of Arundel^ a Committee was according- 
ly appointed to draw up the fame, which was as 
follows : 

May it pleafe your Majefly^ 

* rri H E Caufe that moves us now to attend " 

* X yourMajefty, (as at firft we did) is becaufe 

* we obferve that the Houfe of Commons have 

* fpeedily received a Member of theirs who was 

* committed C/): We the Peers, ambitious to deferve 

* of your Majefty, and to appear to the Eye of 

* the World as much refpefled in our Rights and 

* Privileges as any Peers or Commons have ever 
^ been, acknowledging you a King of as much 
f Goodnefs as ever King was ; do again humbly 

* befeech that the Earl of Arundel^ a Member of 

* our Houfe, may be reAored to us ; it fo much 

* concerning us in point of Privilege, that we all 
' fufier in what he fuffers in this Reftraint/ 

The above Petition was ordered to be prefented 
at fuch Time, as the Lord Chamberlain fhould fig- 
nify his Majefty's Pleafure to admit their Lordfhips 
to his Prefence. 

On the 19th the Lord Chamberlain fignified 
to their Lordfliips, that hb Majefty being acquaint- 
ed therewith, is pleafed that this Houfe attend him 
at Two this Day in the Afternoon, at TVhitebalL 

The next Day the King returned this Anfwer. 

My Lords, 

/See that in your Petition you aclnorjuledge me a 
Kng of as much Goodnefs as ever King was ; for 
wUcb I thank youy and I will endeavour^ by the 
Grace of God, never to deferve other : But in this I 
obferve you contradiSf yourjehes ; for if you believe 
me to be fucby as you fay I am^ you have no Reafon 

tt 
O) Sir DuJIijf Diggu — Sec before, P. 163. 



p. 



1 76 The Tarliamentary History 

An. a. Charles I. /^ mtftrujl the Sincerity of my Promijes: F$r^ whire" 
i6a6. as upon often Petitions made by you unto me concern- 
ing this BuftnefSy I have promifed to give you a full 
Anfiver with all convenient Speed: By thus again Im- 
portuning of me you feem to mijiruji my former Pro- 
mijes ; but it may be faid there is an emergent Caufe^ 
for that I have delivered a Member of the Lower 
Houfe, 

In tk\ my Lords, by your Favour you are mi/la* 
ken^ for the Caufes do no way agree ; for that be 
that was committed of the Houfe of Commons^ wa^ 
committed for Words Jpoken before both Hou/es ; wUcb 
being fuch as 1 hadjuft Caufe to commit him y yet^ be* 
caufe I found they might be Words only mfplaced^ and 
not ill meant J and were fo conceived by many bonefi 
Men^ I was content upon this Interpretation to releafe 
inm, without any Suit from the Lower Houfe ; where- 
as my Lord of ArundclV Fault was dire^ly againjf 
myf^lfy having no Relation to the Parliament ; yef 
becaufe I fee you are fo impatient , I will mate you <r 
fuller Anfwer than yet I have done, not doubting but 
that you will reft contented therewith. 

It is true I committed him for a Caufe which mofl 
of you know ; and^ though it had been no more, I had 
Reafon to do it ; yet^ my Lords^ laffureyou that I 
have Things of far greater Importance to lay to bk 
Charge^ which you mufl excufe me for not telling you 
at this Time, becaufe it is not yet ripe, and it would 
much prejudice my Service to do it ; and this^ by the 
Word of a King, I do not jpeak out of a Deftre to di- 
layyou^ but, as foon as it is pojftble^ you /ball know 
the Caufe^ which is fuch as I know you will not judge 
to be any Breach of your Privileges ; for^ my Lords, 
by this I do not mean to Jhew the Power of a King by 
diminijbing your Privileges. 

This Anfwer being read, it was ordered, That the 
Committee for Privileges fiiould meet, and confider 
how to proceed farther, with dutiful Refpedt to his 
Majefty ; and yet fo as it may be for the Preferva- 
tion of the Privileges of the Peers of this Land> and 
the Liberties of the Houfe of Parliament. 

Oa 



0/ E N G L A N D. 177 

On the 24th of Mof^ the Lord Prefident re-AiLs«cbarlctl. 
ported the Petition agreed on by the Lords Com- *^^ 
mittecs for Privileges, fcfr. in bac Verba : 

May it pUafe four moft Excellent Majejly^ 

« T T THatever our Care and Defire is to pre- 
« VV ferve our Right of Peers, yet it is far 

* from our Thoughts either to diftruft, or prefs any 
< thing that fiands not with, the Affedlion and Duty 
^ of moft dutiful and loyal Subjects : And therefore 
^ in all Humility we caft ourfelves before your Ma- 

* jefty, aiTuring ourfelves in the Word of a King, 

* that with all Conveniency pofEble, your Majefty 
^ will pleafe either to reftore the Peer to his Place 

* in Parliament, or exprefi fuch a Caufe as may 
^ not infringe our Privileges/ 

This Petition was generally approved, and or- 
dered to be prefented to his Majjfty bv the whole 
Houfe; and the Earl of Carlijle and the Lord 
Conway were fent to know the King's Plea- 
furc when they (hall attend his Majefty. Who, 
being returned, reported. That his Majefty had ap- 
pointed that Afternoon for the fame. 

The next Day the Lord Keeper delivered the 
King's Anfwer, as follows : 

My Lords, 

TOUR often coming to mCy about this Matter, 
made me fomewhat doubt you did mijlruji me^ 
but now I fee you rely wholly on me^ I ajfure you it 
Jhall prevail more upon me than all Importunitieii 
And if you had done this atfirjl^ IJhould have given 
you Content. And now I ajfure you, I will ufe all 
p^dible Speed to give you Satisfa^ion^ and at the fur* 
theft before the End of this Seffton of Parliament. 

This being read, the Houfe was moved the 
Ifecond Time, That all Bufinefs might be laid afide, 
and that Confideration might be had how their Pri- 
vileges may be preferved unto Pofterity. And the 
Houfe was put into a Committee for the freer De- 

VoL. VIL M bate 



1 7 8 The Parliamentary Hi s T o r t 

An. 2. Charles I. bate thereof, and afterwards refumed: And it was 
1626. ordered. That the Houfe be adjourned till To-mor- 
row, and all Bufinefs to ceafe. 

The 26th of May^ the Lord Keeper delivered 
this Meflage from the King to the Houfe, wz. 

rHAT his Mqjefly hath willed him to figntfy 
unto their LordJhipSy that he doth marvel bis 
Meaning in his laji Anfwer JhmU he mijiaken: And 
for the better clearing of his Intention^ hath command- 
ed him tofignify unto their Lordjhips his further An- 
fwer ^ which is. That their Lordjhips lajl Petition 
was fo acceptable to his Majefiy, that his Intent was 
then, and is Jiill, to fatisfy their Lordjhips fully in 
what they then defireL 

Hereupon it was ordered. That all Bufinefs be 
adjourned till that Day Se'nnight. 

At the fame Time the Duke of Buckingham 
fignified unto their Lordfliips his Defire to have the 
Kin<!,'s Counfel allowed him to plead his Caufe : 
But the Lords would not hear him, becaufe they 
would entertain no Bufinefs : And fo the Houfe 
-was adjourned to the 2d of June. . At which Time 
the Houfe fitting again, the Lord Keeper delivered 
this MelTage from the King to the Houfe, viz. 

JUflS Majejiy hath commanded me to deliver unto 
^*^ your Lordjhips a MeJJage touching the Earl of 
Arundel : That his Majefly hath thought of that Bm* 
nefs^ and hath advifed of his great and prejftng Affairs^ 
ivhich are fuch as make him unwilling to enter into 
Difpute of Things doubtful: And therefore to give you 
clear Satisfaction touching that Caufe, ivhereby you 
may more cheerfully proceed in the Bufinefs of the 
Houfe, he hath endeavoured, as much as may be^ 
to ripen it, but cannot yet effect it ; but is refolved^ 
that at the fartheft, by Wednefday Se*nfiight, being 
the iph of June, he will either declare the Cauje 
cr admit him to the Houfe. And addeth further, 
. upon the Word of a King, That if it J})all be fooner 
ripe^ which he oath good Caufe to expcft, he will de- 
clave 



Of E N G L A N D.^ i7p 

tkre it at tbi feoneft. And further^ ^^^ if ^/!^An.z.Qiukth 
Oicafton doth enfirtt id ftay to the Time prefixed^ i6a6. 
yet he dixth not fnrpcfe to fet fuch a Jhort End to thi 
Parliamint^ but that there (hall he an ample and good 
Spaa between that and tie End of the Seffion, ta 
tSfpatch Affairi. 

This MeflagB beitig delivered, the doufe was 
adjouilied dd Libitum^ and put into a Committee : 
And being refumed, it was agreed. That all Bufi- 
nefs ihould ceafe, but this of the Earl of Arundel's 
concerning the Privileges of the Houfe ; and the 
Houfe to meet thereon To-morrow Morning, and 
to be put into a Committee to confider thereof. 

Next Day the Lord Keeper delivered this Mef* 
lage from the Kingi viz* 

rHAT in the Matter concerning the Bart ^ 
Arundel, his Majefty hath been very carefm 
cnddefirom to avoid all Jealoufy of violating the Pri^ 
Vikges of this Houfe ; that he continueth liiU of the 
fame Mindy and doth much deftre to find out form 
Expedient y which may Jatify their Lordjhips in Point 
of Privilege^ and yet not hinder his Majeflfs Ser* 
vice in that Particular, But hecauje this will require 
Jome Jime^ bis Majefty ^ tho^ his great Affairs are 
urgent and prejfmgy is unwilling to urge their I^d* 
Jhips to go on therewith^ till his Mqjejly hath thought 
on the other: And therefore hath commanded him td 
ftgnify bis Pleafiirej That his Majefty is contented 
their Lordjhips adjourn the Houfe till Ihirfday next ; 
Mnd in the mean Time his Majefty will take this par-^ 
ticular Bufinefs into further Conjideration. 

Hereupon the Lords agreed. That the Lord 
Keeper do render unto his Majefty, from the Houfe, 
their humble Thanks for his gracious Refpedt unto 
their Privileged; and ac^oumed accordingly. 

June 8. The Lord Keeper delivered this Meflagtf 
to the Lords from his Majefty, i^/z. 

rH AT on Smrday laft his Majefty fent Word 
to the Houfe y That by this Day he %*ould fend 

M a thern 



1 8o 7h^f filamentary Histohy 

An. a. Charles i./km fuch an Anfwef concerning the Earl of Avuvi'^ 
'^^' del, ^s JbouU fatisfy them in Point of Privilegi. 
And therefore to take away all Di^ute^ and that their 
Privileges may be in the fame Eftate as they wen 
when the Parliament began^ his Majefiy hath taken 
of the Rejiraint of the faid Early whereby he bath 
Liberty to come to the Houfe. 

The Earl of A- '^^^ ^^^^ ^^ Arundel bcing returned to the 
rundeirafter a' Houfe, did render his humble Thanks unto his Ma» 
long Scries of jefty for his gracious Favour towards him ; and gave 
Ad^rf^s ''dtf- ^^^'^ Lordfliips alfo mod hearty Thanks for their 
chargM^J the' often Intcrceffions for him unto the King, and pro- 
King. tefted his Loyalty and faithful Service unto his Ma- 

jefty.' 

Having thus folly related the Proceedings of both 
Houfes, on this important Point of Privilege, -the 
Imprifonment or Reftraint of their Members, wc 
return to the Affair of the Earl of Briflol. 

On the 15th of May the Lords took into Con- 
fideration the King's Meffage, fent to them on the 
8tb, about allowing the Earl of iSr//?^/Counfel in his 
Trial {/). And, upon fome former Orders of the 
Houfe being read, it was agreed, upon the Queftion, 
that the Lord Keeper fhould deliver an humble 
Anfwer from their Lordfliips to the King concern- 
ing the faid Mefiage, which was to this Effeft : 
The Anfwer of /. ^hereas his Majefty had lately fent to them 
the Lords to the^ Mefiage concemmg the Allowance of Counfel 
King's Mcflage to the Earl of Briflol^ their Lordfliips had with all 



LTircounfei ^^^y ^^^'^^^ ^^ ^^^^ Bufinefs, and thereupon did 
to'^thlEaTof humbly fignify to him, that the Allowance of 
BriftoJ. Counfel to the Earl of Briftol was ordered before 



his Majefly's Meflage to them. And that Order, 
as they conceive, did not prejudice any fundamen- 
tal Law of the Realm ; for, in the Parliament of 
the 22d of his Majefty's blefled Father, a general 
Order was made touching the Altewance of Coun- 
fel to Delinquents^queftioned in Parliament; at the 
voting whereof his Majefty, then Prince, was pre- 

fent 

{/) See before^ p. 29* 



Of ENGLAND. i8i 

&Bt(g)t and that Order esetended further than thisAii.i.charicbi. 
hte one for the Earl of Brifl$L* z6a6. 

Two Days after^ Majf the 17th, the Lord Keep- 
er brought a Reply from the King to the faid An- 
fwicr, which was. 

That bis Ataje/fy bad advifii of it^ and as he con'r^y^^ Kxnit Re- 
Jidiredtbat Kmfilf bad ucommenied tbh Caufe to^iy, 
tbiir Honour andjuflue^ altbtf he knew that by the 
fundamental Laws rftbe Land or CuJIom and Ufe of 
Pa^amMs^ Counfel was not to be allowed to a Per- 
fon aceufed of Higb Treajon ; yet^ ftnce his Majefly 
rmght at bis own Pkafure defend from his own Right 
and Prerogative ; and that it may appear to all the 
World that his Majefly^ in bis gracious Goodnefs^ is 
f leafed to allow the Earl of Briftol all Ways of De- 
fence j in a more ample Meafure than is due unto him 
by Law ; be is content and doth hereby give full Li- 
cencOy thaty in this particular Cafe^ the Earl g^^Briftol 
may have Counfel^ both to advife bim^ and to fpeak 
and plead for him. 

But whereas their Lardjhips Mejfageput bis Ma^ 
jofty in mind of a general Order^ made the zid of 
bis bleffed Father^ s Reign ; be remembred that upon 
occafion of the Earl of Middlefsx^s Caufe ^ which was 
only criminal and not capital, an Order was made 
in the Houfe^ which Ins Majejiy never ^ untill noiUy 
conceived to extend unto Caufes capital ; and he is 
well ajjuredy that neither the Judges were advifedwith 
in making that Order^ nor his late Majejiy* s learned 
Counfel beard for Urn 5 therefore his MajeJly was not 
fatisfed about that general Order, nor that Counfel 
ftmdd be allowed in Cafes capital , without his Licence \ 
and would advife further thereof ^ and then would 
fend again to their Lord/hips touchitig the general. 

Upon the hearing of this Anfwer from the King, 
the Lords ordered that Mr. Sergeant Hedley^ Ser-ThcLoras order 
geani Bramflon^ Sergeant Crawley,, and Mr. Anthony^^^"^ '"^ ^ 
Low^ fhould be allowed as Counfel, to fpeak and 
plead for the Earl of Bri/loL 

.Tbt fame Day the Diike of Buckingham moved 
the Houfe, to know whether he fliould anfwer the 

M 3 whole 

{z) Sec Vol. VI. p. ^^i^ 



1 8a The Tarliamentary HisroKY 

An. 1^. Charles I, whole Charge exhibited by the Commons agiinft 

iM^ him, or fuch Parts thereof only as their Lordlhips 

fliall appoint ? Alfo, whether he fliould anfwer the 

Aggravations of the Commons, reported to this 

Houfe ? Which he was defirous to dQ> that he might 

clear all Matters therein* 

. Upon Confidcration of this, the Lords ordered, 

to^c dS^ • That thofe Aggravations {hould be delivered to 

Buckingham*^ the Clerk, to be kept by him clofe from all except 

T»i«l« the Members of this Houfe ; and no Copies to be 

given to any but them. Likewife, That the Duke 

of Buckingham fliould anfwer the engrofled Articles 

pf the Charge fent up by the Corpmons, but not 

the Aggravations ; unlefs, upon Perufal thereof, he 

(hall ftnd any Thing fit to be anfwered, or that the 

Houfe think proper for that Purpofe. And, for 

Expedition's Sake, the Duke to have the Ufe of the 

original Aggravations.* 

Thp Earl of Bn- May 19. The Earl of Briftol was brought again 
ftoi brought to to the Bar of the Houfe of Lords ; when the Duke 
* — » of Buckingham defired that he might have Leave to * 

retire, left his Prefence {hould give any Diftafte to 
the Earl ; and he withdrew bimfelf accordingly. 
Then the Lord Keeper told the Earl, That their 
I<ord(bips did expedl his Anfwer to the Charge ex- 
hibited againft him by the Attorney General (*}: 
tJpon which he faid, 

* That he had brought his Anfwer, but defired 

they would excufe the Length thereof ; and, as to 

the Charge, he faid, he did not fee any direft Trea- 

fon in it, that was laid to his Charge; only two 

Points came near it by Circumftances, viz. That he 

wh^rehedcli- is ill- afFefted to our Religion, and well-afiefted to 

vers his Anfwer Spain, For clearing of which he made a large Re- 

i^ft himl*" monilranpe of Zeal to the true Religion, here efta- 

^ ' blifhed, even from his Youth to this Day ; and of 

his conftant and faithful Services to the prefentKing, 

his Father of blefled Memory, and to the State.* 

Then he delivered in his Anfwer, written on 
Paper, but defired that it might be engrofled on 

Parcl^. 

{h) 5cc tlic ^rtiUcs at Ivgc, p. 3; 



->. 



Of EN G L AND. 183 

Parchment, which he faid had been done but forAn.a.ciwrlcsi. 
want of Time, He alfo defired that no Advantage '^* 
might be taken of any illegal Form thereof ; and 
further, that his own Counfel might read his An- 
Iwer, which the Houfe was pleafed to allow of; 
the Earl fitting by on a Stool ail the while> and ex< 
plaining or enforcmg any Part thereof. 

The Answer of John Earl of Bristol lo the 
Articles of fever al High Treasons, and 
§ther great and enormous Crimes^ Offences ^ and 
Contempts, fuppofedto be committed by him agaitift 
our late Sovereign Lord King James of blejfed 
Mimoryy deceased \ and our Sovereign Lord the 
King*s Majejiy that now is ; wherewith the faid 
Earl is charged by his Majeftfs Attorney General^ 
on his Majejiy* s Behalf in the Moji High and Ho- 
nourable Court of Parliament y before the fSng and 
the Lords there. 

THE faid Earl not acknowledging any of the 
fuppofed Treafons, Crimes, Offences, or 
Contempts, wherewith he is charged in and by the 
laid Articles, to be true ; and faving to himfelf all 
Advantage and Benefit of Exception, to the Un- 
certainty and Infufficiency of the faid Articles, and 
feveral Charges in them contained : And humbly 
praying that his Caufe may not fuffer for want of 
legal Form, whereunto he hath not been inured ; 
but may be adjudged according to fuch real and ef- 
fedual Grounds and Proofs, as may be expefted 
from an Ambaflador, the Ground of the Charge 
growing thence: And that he may have Leave to 
explain himfelf and his own Meaning, in any 
Thing that may feem to admit of a doubtful Con- 
ftrudion, for Anfwer faith as foUoweth : 

To the First Article ^^ foi^h^ 

* That he did not advance or further the De- 
fign of the King of 5^^/Vagainft our late Sovereign 
Lord the King, his Children, Friends, and Allies ; 
or traiteroufly, falfly, wilfully, or as a Traitor ta 
our late Sovereign Lord the King, by any Letters, 

or 



184 Thfi Tarliametttaryllisr OKY 

An. s. Charles I. or other Meilages, fent in the Ye^rs 1621, 16:;^, 
»6»6« 1623, or at any other Time, inform, advife, or 
affiire the faid late King> that the Emperor and 
King of Spaifij or either of them, would really, 
fully, or efieftually make Reftitution, or plenarv 
Reftoration, to the Count Palatine and bis Chil- 
dren, of the Dominions, Territories, and PoflefSons 
of the faid Count Palatine^, or of the Eledoral 
Dignity ; or that the King of Spain did rej^lly, ful- 
W, or effeftually intend the Marriage between the 
Lady his Sifter, and the Prince our iaid Sovereign 
Lord) according to the Articles formerly propound- 
ed between the faid two Kings, as by the faid Ar- 
ticle is alledged ; neither does or did he, the laid Earl, 
know that the Emperor and King of Spain^ or ei- 
ther of them, never really intended fuch Reftitu- 
tion or Reftoration as aforefaid, or that the King of 
Spain never really intended the faid Marriage, as 
by the faid Article is alledged ; nor doth he the iaid 
Earl know, that the Emperor or King of Spain, or 
either of them, intended by the faid Treaties, in the 
Article mentioned, to give Time for compaiSng 
their own Ends and Purpofes, to the Detriment of 
this Kingdom, as by the faid Article is alfo alledg- 
ed ; neither was the faid late King James made 
fecure upon any fuch falfe Aflurances given unto 
him by the faid Earl, or thereby loft the Op- 
portunity of Time; nor were the Dominions, 
Territories, and Pofleffions of the Count Pa* 
latine^ or the Eledtoral Dignity, thereby loft, 
or any Part thereof taken out of the Pofleflion of the 
faid King James ; nor the faid Count Palatine, the 
Lady Elizabeth his Wife, or their Children, difpof- 
fefled, difmherited, or bereaved thereof, or of any 
Part thereof, by any Aft or Default of him the 
faid Earl ; nor did, or was he, the faid Earl, the 
Caufe of any Thing to the Difhonour of p^r (aid 
late Sovereign Lord King James, or to the Di(heT 
rifon of the faid late King's Children, or their Pot 
fterity j to the difanimating or difcouragirig of any 
of the reft of the Princes of Germany, or any other 
^ings or princes in Amity and League with his faid 

lat? 



(y E N G L A N D. 185 

late Majefty ; nor did any Thing in or concerning An. ». chwiesi. 
the fame» contrary to hb Duty and AU^iance^ or '^^^* 
contrary to the Truft andDuQr of an Ambaflador, 
or folllyy wilfully, or traiteroufly, or as a Traitor 
to our faid Sovereign Lord the King, in any fuch 
Sortf or bv any fuch Means, Ways, or Induce-^ 
ments, as oy the faid Article is fuppofed, or by any 
other Ways or Means whatfoeyer : But the faid 
Earl dealt therein, and in all his faid Trufts as an 
Axribal&dor, carefully, faithfully, and honeftly, 
and as became a faith^l and loyal Subjed, Servant, 
Counfelbr, and Ambaffiuior. And for a clear De- 
monftration of the Truth and Manner of his Pro- 
ceedings, touching the Matter contained in the faid 
Article, the fame confiding of fe vera! Parts, viz. the 
Lofs of the faid Palatinate^ and the Match with the 
laid Lady of Spainy and of his feveral Employments ; 
as of one extraordinary Ambai&ge to the Emperor, 
of another to the King of Spain^ in the Years 1 62 1, 
1 622,and 1623 afore^id, he humbly craveth Leave 
of this mod high and honourable Cxirt to feparate 
the Bufinefs, and to diftinguifh the Times/ 

* And, banning with the Palatinate firft, to 
^ve an Account of his Ambaflage to the Emperor; 
and lb to make as brief a Deduction as he can of 
bis whole Carriage in that Bufinefs, from the Be- 
ginning of, his Employment to the Time he left it/ 

* In this Ambaflage to the Emperor he pro- 
. pounded all Things faithfully according to his In- 

ftrU&ions; and the Anfwers which he returned to 
'his la(e Majefty, oT Wefled Memory, were the very 
fame, and none other, than fuch as were given him 
by the Emperor, under his Hand and the Imperial 
Seal I the which, according to his Duty, he faith- 
fiiUy fetit unto his faid Majefty ; and, withall, did 
boneftly, faithfully, and truly advertife his faid' Ma- 
jefty, what he uik|erftood and thought then upon 
the Place : But vm'fo far from giving unto his faid 
Majefty any ill-grounded Hopes in that Behalf, 
that he wrote unto the Lords of the Council, here 
in England^ from Vienna^ the ^6th of July y 1621, 
; ip Sort as followeth, vit^, 

I am 



1 8^ The Tarliamentary Hi stort 

An. «. Charles !• / ^^ further to move your Lordjhips^ that there 
j6»6, may be Difpatch made prefently into Spain, to bis Ma* 
jeHfs Ambajfador and Mr. Cbttington, that they 
there deal effectually for the preparing and ripening rf . 
the Bufmejs againji my Coming ; and that they ufi 
fome plain and direct Language, letting the Mifd\ 
fters there know, that the late Letter fent by the 
King of Spain to the Emperor, was colder and more 
referved than his Majefty had Reafon to expert. 1 
/hall conclude with telling your Lorajhips, that tho* I 
defpair not of good Succefs in this knotty Bufmejs, yet I 
hope his Majejly and your Lordjhips lay not afide the Care 
of all fitting Preparations for a War, in cafe a Peace 
cannot honourably be had ; and, amongji other Things, 
1 mojl earnejlly recommend unto your Lordjhips, and, by 
your Lord/hips, unto his Majejly, the continuing abroad, 
yet for fome fmall Time^ of Sir Robert ManfelV Fleet 
upon the Coajls of Spain j which, in cafe his Majejly 
Jfjould be ill-ufed^ will prove the beji Argument he can 
f//? for the Re/litution of the Palatinate. 

And the faid Earl further faith, ' That this his 
Advice was really feconded by his Aftions, by being 
the Caufe, as he returned homeward out of Ger'^ 
many, of the bringing down of the Count Mansfeb^ 
whereby the Town of Franlendale was relieved j 
and, by fupplying of hi$ Majefty's Army, then in 
great Diftrefe, with Money and Plate, to the Va* 
lue of io,ooo 1. meerly out of his Zeal and Affec- 
tion to the Good of the King and his Children, ha- 
ving no Order or Warrant for the doing of it | 
but might eafily have excufed it, either thro* Want 
of Order, or Want of Means ; but that his Heart 
was ever really bent in Effe6ls more than Shews, to 
ferve the King's Son-in-Law and his Caufc, as by 
the Difcourfe of this Bufinefe will appear. Ana 
how acceptable thefe Services then were, will appear 
by the Letters of the Queen of Bohemia, dj^ted in 
06Uber, i(J2i, in thefc Wor4s fgllowing: 

My Lord, 

TLJAving underjlood from Heidelberg, ^ow you havt^ 
4^ JJjtWi your Affeaion to the King and me in alt 

Thin^s^ 



0/ E N G L A N D. 1S7 

things f and in the Help tf Money you have lent our An. %. Cfaadai. 
Soldiers, I cannot let juA an ObSgatm pafs without 1626. 
giving you many Thmis for it iy theft LmeSy ftnee 
I have no other Means to Jbew my Gratefulnefs unto 
you 5 bewfoever^affure yourjelf, that I JhaH never be 
forgetful of the Ijsftimsfdes you give me of your LovOy 
wUcn I entreat you to continue^ in doing the King 
and me all the good Offices you can to his Majelly. 
Tou have been an Eye-Witnefs of the miferabk Mjlate 
our Countries are in ; lintreat you therefore to folli- 
cit bis Majefty for our Help. You have given me Af 
furance of your Affelfionj lintreat you now to Jhew 
it by helping us^ in your good Endeavours to his Ma- 
jefty^ and youjball ever bind me to continue^ as I am 

alrea y, ^o\xx very afFeftionate Friend, 

ELIZABETH. 

* The Earl likewife received feveral other Letters, 
about the fame Time, both from the King of Bohe^ 
mia and Council of Heidelberg^ to the fame Efieft. 
And how much Satisfadtion his late Majefty rec^ 
ved in that Behalf, and touching that Buiinefs, wm 
feveral Ways appear, and particularly by hb Speech 
to the Parliament. And the faid Earl likewife 
appealeth to both Houfes of Parliament, to whom, 
by his late Majefty *s Order, he gave a juft and true 
Account of that Employment ; with what true 
Zea} he proceeded, and how he prelled that fingle 
Treaties and Prom'ifes might no longer be relied on^ 
but that a fitting Preparation for a War might go. 
Hand in Hand, with any Treaty of Accommoda- 
tion (/) ; and, for a conclusive Teftimony of his 
late Kf ajefty's Approbation of his Carriage in this 
Employment, he humbly defireth that a Letter of 
the Duke of BucHnghfms^ pnder his own Hand, 
bearing Dale the nth of Odfober, 162X, being 
verbatim that which fpllowpdi, may be read. 

My Lord, 

/Am exceeding glad your ^ordjhip hath carried 
yourUlf fo well in this Employment, that his Ma- 

jifty 

^f)9cfVol. V. p. 48?. 



i88 TbeTarliammtafyKisTOKY 

Aa»%.CiaAtihjf/ly is mi onfy infinitely pkajed for the Servki jai 
*^*^ have ime^er wmh he commanded me to givt ym 
Lordjbip Thanks in his Name^ untill be fee you hah 
Jelfi but that you have given all Men Caufi to eom^ 
mend his Majejifs Choice rffach a Man^ iboi^ mt 
Ufsyour Heart had gone with the Bufinejs, touldnodir 
iHive brought it to fo good a Pafs. Amongft other 
Things his Majejiy hketb very well the Care of cUat^ 
ing his Honour^ whereof he will advife further pith 
your Lordftiip at your coming over* I hope you vM 
not find your Negotiation with the Infanta efJSub 
Difficulty as you feem to fear in your Letter^ Jeeini 
my Brother Edward hath brought with him a Letter 
from his Majefiy's Son-in-LaWj whereby ho putteA 
himfelf wholly to his MajeJlfs Advice and Pkafitrt 
for his Submij^on, as you will perceive by the Cepyrf 
the Letter itfelf which I here fend your Lor^p\ 
wherein, tho^ there be many Things impertinent^ yet 
of that Point you might make good Vfe for the at- 
compMJhment of the Bufinefs^ wherein I have writttn 
to the Spaniih Ambajfador to uje his Means and Cre^ 
dit with the Infonta, which / ajiire my/elf he will 
effeSfually' do \ ejpecially feeing the Impediments are 
taken away by Count Mansfelt'j Compofition. Aid 
as for the Money your Lordjbip hath fo very fea* 
finabfy laid out, his Majejfy will fee youjhall Mm 
noLofs\ holding it very unreafonable you Jhoul4 fidfer 
any Thing by the Care of his Service, which you Satfo 
Jhewed Jo much to his Contentment, and the gre0 

JVif 

Your Lordfhip's faithful Servant, 

GEORGE BUCKINGHAM. 
I' 

< Haying given this Account of his Employment 
with the Emperor, he humWy cravcth Leave to 
make it known in what Sort, before this his Em- 
ployment, he endeavoured to ferve the Prince Pitf^ 
laiifje and his Caufe ; which will belt appear by his 
Majefty's own Teftimony, upon the going of Sir 
Francis Netherfale to the Prince Palatine 5 at which 
Time his Majefty being, out of his Rpyal and juft 

Hcairtji 



0/ E N G L A N D. i^ 

Heartt d^rous to doa iiiuthful Servant Right, com- An. %. ChnbiL 
mandcd Sir Framis IktbirfaU to let the Prince Pa- »^^ 
htim underfiand how good a Servant llie &id Earl 
bad been unto hinu ^od bow adtve in l)is Affairs ; 
as will beft appear by a Difpatch of Sir Frattiis Ne- 
ihirjalit written all in his own Hand, to Sir George 
Cakeri^ in anfwer to what was commanded him, 
dated at Prague the nth of JuguJI^ i&aa, and 
fent by his late Majefty to the faid Earl for his Com- 
fort, being as foUoweth : 

Right Honourable, 

rWat you may the better be ajfuredy that I have 
neither forgotten nor negleffed the Commandment 
received from bis Majejh^ ^ your Honour, you will 
be pleafed to have the Patience to hear me report 
what I faid to the King upon Delivery of my Lord 
Digby'j Letters to his Maje/fy^ which was^ that the 
King my Mafler, whofe Juftice is fo much renowned 
ever the Worlds did ufe to Jhew it in nothing more 
than in vindicating his Servants from wrongful Opi^ 
nions^ whereof be knew noble Hearts were more fen-" 
fible than of Injuries dene to their Perfons or Fortunes ; 
tbatj out of his Royal Di/pofstion, his Majejiy having 
found my Lard Digby mijlaken by feme of his People 
at beme^ by occafion of Us being by him employed in 
the Jffairs with Spain ; and having thereupon concei* 
ved a Jealoufy that the faid Noble Lord might alfi 
he mifreported hither to trie Prince Palatine, bady in 
thatrefpeSi^given me a particular Commandment to af 
Jure the Prince^ that his Highnefs had not a more truly 
affeiiienate Servant /« England ; and, for Proof there - 
rfytolet the Prince underjland^ that whereas the Baron 
Donagh, now his Highnefs^s Ambaffador in England, 
had^ fince his coming t hither j obtained but three great 
Points for his Mafler*s Service^ to wit^ the Loan of 
Jdeney from the King of Denmark, the Contribw 
tiens in England of the City and Country^ and the 
finding of AmbaJJadors to the contrary Party : That 
the Lord Digby had been the fitji Propounder of all 
tbofe to the King my Majier^ before his Highnefs* s Am- 
bajfador^ or any other of his Servants in England ; 

ahhd' 



ip6 The Tarltamentary HiSTdur 

An, 1. Charles I. tf//^*feV Lord/Kp had been contented ^ that others wk 
'^*^' were but fet on Jhould carry away the Thanks and 
Prize ; becaufe his Lprdjhip being known to be thefirfi 
Mover therein^ ntight poffibly weaken the Credit be 
hath in Spain, and fi render him the more unable to 
ferve both his own Mafter and the Prince i in which 
refpeSl I humbly prayed his Htghnefs alfo to keep this 
to himfelfi 

• By which Teftimony it may appear j as the &id 
Earl conceiveth, how he the faid Earl behaved 
himfelf before his faid AmbalTage, and in his faid 
Ambaflage, with his faid late Majefty's Approbation 
thereof. 

' Now he moft humbly craveth Leave to give 
your Lordfliips an Account how he proceeded after 
his Return from the Emperor's Court : As foon as 
he came into England^ he difcover'd to his Majefty 
and the Lords of his Council, in what great Want 
he had left the Forces in the Palatinate^ and folli- 
cited the preicnt fending away of Money ; and 
thereupon 30,000!. was borrowed of Sir Peter 
Vanlore^ Sir Baptift KirkSy and Sir William Cockainef 
and prefently fent into the Palatinate, befides the 
10,000 1, which he had lent, for which he paid the 
Intereft out of his own Purfe fix Months ; having 
alfo given, not long before, 500 1. by way of Be- 
nevolence, to the Service of the faid Palatinate. 
Now, in the Interim, betwixt his Return from the 
Emperor, which was in November, 162 1, and his 
going into 5*^^/;?, in May^ 1622, he firltgavean 
Account* as ia aforefaid, of his Ambafiage, to both 
the Houfes of Parliament ; and moved them to be 
as effefhial as was pbflible for the fupplying of hisi 
Majefty, and that the Money migjit be wholly cm- 
ployed for the Succour of the Palatinate. The Par- 
liament being diflblved, h^ follicited, with great 
Care and Induftry, the fettling of fome Courfe for 
the fupplying of the Palatinate ^ and his Majefty 
was perfuaded to maintain 8000 Foot and 1600 
Horfe under his own Standard, and in his Pay, in 
the Palatinate, and to eiitabliih a certam Courfe for 

th« 



0/ E N GT L A N D. i^t 

the due Payment of the iaid Army : And the Ix>rd An. ».Chariesl, 
Chichejler was upon his, the fetid Earl's Motion, '^*^* 
fent for out of Ireland ; and he, the faid Earl, by 
his Majefty^s Commandment, took Care of bis 
Difpatch. In this Eftate the faid Earl left tliis Af- 
fair at his Departure towards Spainy in 1622, no- 
thing doubting but all Things would have effeflu- 
ally and conftantly been purfued, according to the 
Order which was fettled and refolved on at his 
Departure. On his Arrival at the Court of SpMn^ 
he prefently proceeded according to his In(lru£tions, 
prefling the Bufinefs of the Palatinate as effeflually 
as could be, and faithfully laboured, and eSeded 
from Time to Time, (as far as the Point of Nego- 
tiation) all the Particulars that were given him in 
Charge ; as will appear by his late Majefty's Letters 
upon every particular Occafion. And, if by Acci- 
dent, fuch as the Marquis of Baden, Count Mans^ 
felty and the Duke of BrunjwicV% receiving each of 
them an Overthrow that Summer ; or by Nqgleft, 
or ill-ordering the Affairs there, (whereof his late 
Majefty fo far complained to his Son- in- Law, as 
to give Order for the withdrawing of his Forces, as 
will appear by his Majefty's Letters of the 3d of 
^une^ 1622, as alfo by his Letter to Sir Horace 
Vere and the Lord Chichejier, if there were not a 
fpeedy Redrefs) thofe BufinefTes have mifcarried, 
the Earl hopeth he fball not be liable to the Blame, 
It having ik) Relation to him or his Employment; 
having fo far, and fo honeftly, with his beft Affec- 
tions, employed his Care and utmoft Service m the 
Bufinefs: And his Majefty was plcafed, bytoaany 
feveral Letters, upon feveral Occaiions, to ngnify 
his gracious Acceptance of his Service, as in his Let- 
ter of the 24th of November^ 1^22, from New- 
market^ writing as followeth, viz. 

Your Dijpatches are in all Points fo full^ and in 
them zOe receive fo good Satisfa^icn, as in this we 
Jball not need to enlarge any further, but only to 
tell you we are wellpleafed wit b the diligent and dif 

creet 



ipa TbeTar/iamentary HisroKT 

An.i.Chultil.creet mpl^fng of your Endeavours in all that coih 
2626. cerneth 9ur Service i Jo are we Rkewife with the 
whole Proceedings of our Ambaffaddr^ Sir Walter 
Ailon. This we bid you hearttfy farewell. 

< And afterwards bis Majefty was likewife plea- 
fed, in his Letter of the 7 th of January^ 1622^ a 
little before our gracious Sovereign Lord the Kii^ 
then Prince, bis coming into Spain^ to write as f oT- 
loweth, viz. 

Concerning that other unfortunate knotty Affair of 
the Palatmate, to fay the Truth, as Things Jfandf I 
know not what you could have done more than you 
have done already. 

* And whereas it is objefted, that the Palatinate 
fhould be loft by the Hopes he, the faid Earl, gave 
by his Letters out of Spain^ it is an Objcdlion of Im- 
poffibility ; for there was nothing left but Manheim 
and Frankendak when his firft Letters, out of Spain^ 
could poffibly come to bis* late Majefty 's Hands; 
for he did not begin there to negotiate in that Bu- 
•finefs untill Augufly 1622 ; and about that Time 
Heidelberg, and all but Manhe'm and Ftankendale^ 
was loft ; and Manheim he had faved by his Indu- 
ftry, had it not been fo fuddenly delivered, as is by 
his Majefty acknowledged, by his Letter of the 
a4th 01 November, 1622, writing thus, viz. 

Ani howfoever the Order given to the Infanta, /Sr 
the Relief of Manheim, came too late, and after thi 
^ Town was yielded into the Hands ^ Tilly; yet 

muji we acknowledge it to be a good Effe^ of your 
Negotiation, and an Argument of that King's finari 
arid found Intention. 

^ And Frankendak being by the faid Earl's Means 
once iaved, was again the fecond Time iaved 
meerly by his the faid EarPs Induftry, in procuring 
a Letter from the King of Spain, dated the nth 
of February^ 1623, whereupon followed the Treaty 
of Sequeftration, which hatn (ince continued : 
And be the faid Earl was fo far from hindering 
Succours, by any Letter or Counfel of his, that he 
was the Solicitor, and, in great Part, the Procurer 

of 



0/ E N G L A N D. ips 

• 

of moft of the Succours that had been Tent thi- As. x o«^ L 
ther, as is formerly fet down : And when bb Royal '^*^ 
Majefty that now is, arrived at the Court of Sp^a 
with the Duke of Buctingbam^ they found the fa id 
Bufinefs of the Palatinate in fo fair a Way, that 
the Spanijb Minifters told them the King Ciould 
^e his late Majefty a Blank in that Bu£nels to 
frame his own Conditions, as appeareih by his late 
Majefty *s Letter of the 8th of O^ober^ 1623, as 
followeth, viz. 

Our Son did writi to us 6ttt cf Spain, that ttct 
King would give us a Blank in xvhicb we might 
frame our own Conditions^ and the fame he confirm- 
eth to us now, 

* And the like touching the Blank was alfo ac- 
knowledge by the Duke of Buckingham^ in his 
Speech m Parliainentt after the Return of h'ls Ma- 
jefty out of Spain {k). It will appear by the Tefti- 
mony of Sir Walter Ajlon^ and by his and the EaH/s 
Difpatches, that the faid Earl wanted not Induftry 
and Zeal in this Bufinefs ; infomucb' that the laft 
Anfwer the Earl procured therein from the King 
of Spain J was fuller than he, the faid Earl, was order- 
ed by his late Majefty*s lateft Letters to infift upon ; 
fo ashy that which hath been alledged, the iaid Earl 
hopeth your Lordfhips will be fatisfied, not only 
that he wanted neither Will nor Induftry; but that 
he hath, with all true Zeal and AffeSion, and wi:h 
his own Means, faithfully ferved their Majefties and 
the Prince Palatine in this Caufe. And fcrafmuch 
as, in that Affair, he had alt the Aflurances that 
could be betwixt Chriftian Priixres ; if therein 
there hath been any Deceit, (as by the faid Article 
is intimated), which he never knew nor believe?, 
he rcferreth it to God to punilh their Wickednefs j 
for, betwixt Princes, there can be no greratcr Tye 
than their Words, Oaths, Hands, and Seals ; all 
which he procured in that Behalf: And bo:h he» 
the faid Earl, and Sir Walter AJlen^ were To con- 
fident that the Bufineis would be ended to bis :ate 
Majefty*s Satisfa£lion> that, in a joint Dil'paich to 
Vol. VIL N bii 

(I)' See Vol. VI. p. %Qi et Jtf. 



15^4 The ^ar It dment ary KiiroKY 

An. 2. Charlc8l. his faid late Majefty, of the 23d of November^ }^^^^ 
*6*6' after his now Majefty's Return into England^ they 
wrote as follows : ^ . 

IVe hope that your Majefty may^ according to ysut 
Defire fignified to me the Earl of Briftol, by the Let- 
ter of the ith of October, give to your Mqjejffs 
Royal Daughter^ this Chriftmas, the comfortable 
News of the near expiring^ her great Troubles and 
Sufferings ; as alfo unto the rrince^ your Sony the Cof- 
gratulation of being married to a mofi exceUent 
Princefs. 

* Having thus given your Lordfhips an Account 
of his Proceedings touching the Palatinate^ be will, * 
by your Lordfhips good'Favoui:, proceed to the 
other Part of the Charg,e concerning the A^rriage. 

* And, /r/?, touching the Hopes and Afluirances, 
that he is charged to have given to his jate Majefty 
and Minifters oi State hiere in England^ of the 
Spaniards real Proceedings in the faid Match, when 
it is faid he knew they never meant it ^ tie faith. 
He never gave any Hopes of their real Proceeding, , 
but fuch and the very fame that Were firft given, 
unto him, without adding or diminiihing^ neither 
eould he have done otherwifc with Honefty orSafe-' 
ty. And he further faith. That the Hopes he gavc: 
were not lipon Highland vain Intelligence; but, as. 
well in that of. the Match y as the other of the Pa^ 
latinatSj his Advertiiements were grounded upon all 
the Affurances, both upon Woid and Writing, that 
could pafs betwixt Chriftians; as will be made evi-. 
dently appear by his Difpatch of the 9th of 5^/- 
tember^ 1623; which he humbly defireth may be 
read, if the Length of it may not difpleafe : The 
Subftance of it being to (hew by all the Engagemcntt 
and Promifes of the King of Spain^ that he really 
intended the Match \ and the Caufe why the Condb 
D'OUvares pretended to tlie Duke of Buckingham^ 
that the Match was not formerly meant, was only 
thereby to free himfelf from the treating any longer 
with the faid Earl, to the end he might treat ^^r* 

larger 



0/ E N G L A N D. ipj 

larger Conditions* in point of Religbn with the An. s. chain i. 

faid Dulcci the feid Conde lyOHvans taking »*^ 

Adii^ahtage of having the Pcrfon of his M 'jefty, 

then Prince, in their Hands: And with thb DiC- 

patch the laid Earl acquainted his Majefty that now 

is, then in Spain, before he ient it. And his Ma- 

je{ly, upon the reading of it, was pleafed to fay. 

That the Earl had proceeded with fo much C^uticn 

arid Cafe, that, in cafe the Spaniards fhould be falfe, 

he might be fure tofhame them for their Falfhood. 

By this Diifpatch the iaid £atl doubteth not but it 

will SL^ppcar to this Moft Honourable Court, Tlut 

whilft the treating of that Bufineis was in his Hands, 

he proceeded in it, not only with Care and loduflry, 

but with f6me Meafure or Vigilancy. 

^ For the clearing of an Objection that hath been 
alledged, viz. That the Match was never meant be* 
fore the Dul^s going mr^ Spain, nor afler\ the Earl 
craveth Leave to fet down fome f^w Reafons, of 
mauy, which caufed him to believe that the faid 
Match had been really meant ; and that it was (b 
c(mceived, by both their Majefties and the King of 
Spain^ and their Chief Minlfters on both Sides, for 
the fdlowing Reafons : 

Firft^ * The Duke of BucHngham certified to 
hislate Majefty, ThattheBuiinefsof the Marriage 
was brought to a happy Conclufion ; whereupon 
his late Majelty v/as pleafed to give Order to the faid 
Duke and Earl to proceed in other Bufineis, which 
his faid late Majelty would not have treated untill 
the Marriage was concluded \ as will appear by a 
Letter of his late Majefty jointly to the Duke of 
Buckingham and the faid^rl, of the 23 j of Ju- 
ly, 1623. 

Secondly, * It will appear, by Letters of the Lord 
Conway to the Duke of Buckingham^ bearing Date 
the 3d and 4th of September, 1623, that the faid 
Duke had good Afiurance of the Conclufion of the 
£iid Match ; and, upon this Confidence^ all Things 
were put in due Execution in England, as had 
been capitulated ; and the Lord Conway, and others, 
fully fettled and agreed all the Poinis of ImmunUv 

N 2 and 



:* 



:^ 



1^6 The Parliamentary History 

An. z.Charlts I. and Liberty for the Roman Catholics for the Ufe of 
i6a6. their Religion, as was fet down in the Declaration 
ot ihc gih oi Jugujlt 1623, hereafter mentioned 
In the Anfwer to the 5 th Article of this Charge. 

Thirdly, * The very Day that his now Majefty 
and the Duke of Buckingham departed from the 
Efcurialj in Spain^ iov/TirdsEnglandj the faid Duke 
folemnly fwore to the Treaty of the faid Marriage, 
and the furthering of it all that (hpuld be. in his 
Power, upon the Holy Evaneelifts, in the Prefencc 
of the faid Earl and Sir WaUer 4/ion. 

Fourthly^ * The Treaty of Marriage had for- 
merly been figned, fealed, and folemnly fwom to 
by the King of Spain j and when his Majefty and 
that Kmg took their Leaves, the King of Spain did 
folemnly proteft, on the Word of a King, faith- 
fully and punftually to perform all that had been 
capitulated in the Treaty of the Marriage ; and 
hereupon embraced his Majefty at his Departure : 
And the very next Day fent a Letter unto his Ma- 
jefty, all written with his own Hand, and proteft- 
ing to make good all that he had capitulated orpro- 
mifed to his Majefly at his Departure the Day be- 
fore ; fo that if there were no true Meaning on the 
Part of Spain to m^e the Marriage, as by Mr. At- 
torney is pretended, yet certainly the faid Earl hath 
not been ilightly deceived : Neither can it be, as he 
conceiveth, any Fault in him ; fince not only his 
late Majefty, but his Majefty that now is and the 
Duke of Buckingham, being then both upon the 
Place, did confidently believe, (and that upon 
other Grounds than the Informations, Suggeftions, 
or Perfuafions of the faid Earl) that the Marriage 
was really intended ; and to that EfFedt, both 
his late Majefty, of blefTed Memory^ and his moft 
excellent 'Majefty that now is, after his Return 
into EngUtndy wrote unto him, the faid Earl, fe- 
veral Letters, aflliring him that their Intents and 
Pleafures were to have the faid Match proceeded 
in : And thereupon the Powers of his Majefty, then 
Prince, were again renewed, and fent unto the faid 
Earl I fo that the iaid Earl having fo many and fo 

grcap 



0/ E N Q L A N D. i^y 

great Caufes to be aflured Aiat the Match was r^Uy An. s.charles i. 
intended on both Sides, he conc^iveth ir will be hard ' *^*^* 
for Mr. Attorney to make good that Part of his 
Charge,^ wherein he afBrmeth, That the Earl (hould 
know the contrary, or give Afluranccs upon falfe 
Gfoutkls, as in the faid Article is alledged/ 

To the Second Article the faid Earl faith: 

* That he did not faifly, wilfully, or traiter* 
oufly, or contrary to his Allegiance, or the Truft 
or Duty of an Ambaffador, continue the Trea- 
ties upon Generalities, without effeftual preffing 
the King of Spain unto particular Conclufions, 
according to his late Majefty's Inftruftions or Di- 
reftions j nor intended to have continued the faid 
Treaties upon Generalities, without reducing them 
to Certainties or direfl: Conclufions ; nor did therein 
any thing to the Difhonour of his faid late Ma- 
jefty, or to the Danger or Detriment of his Ma- 
jefty's Perfon, his Crown or Dominions, or of his 
Confederates or Allies, as by the faid Article is al- 
ledged 5 but diredly denieth all the fuppofed Offen- 
ces wherewith he ftaivdeth charged by the faid Ar* 
tide : And, for a clear Declaration and Manife&a- 
tion of the Truth and Manner of his Proceedings, 
that it may appear to this high and moft honoura-- 
ble Court, how far he hath been from offending in 
that Kind, nor continuing the faid IVeaties one 
Day longer than Neceffity enforced, but rather 
prefling beyond than coming any way (hart of his 
Inftrudtions and Direftions : He farther faith, firft, 
as to the continuing of the Treaties upon Generali- 
ties, That the Temporal Articles were, by Agree-' 
ment on both Sides, not to he treated or fettled untill 
fuch Time as the Articles of Religion were fully 
agreed; for that it was held moft proper and honour- 
able for both Sides, firft to fee if the Difficulties of 
Religion might be reconciled before they paffed in- 
to further Enagement§ ; and the faid Articles of 
Religion, by reafon of the Pope's new Demands 
fent into England by Mr, Gage^^ were not figned 
WX condefcended unto by his late Majefty, nor hii 

"N 3 Ma-. 



1 5)8 The Tarliamentary Hi s T o k t 

Aii«2.€iiarleii.Majefty that now is, then Prince, untill the 5 th 
i6a6- Day of January y 1622, and then wcrefcnt away 
Poft oat of England to the faid Earl by Mr. Sey- 
mour Digby^ who arrived with them at Madrid in 
Spain^ about the 25th of the fame Month : But the 
Earl's Care was fuch to have no Time loft in the 
fettling the Temporal Articles, that before he would 
condefccnd (fo much as de bene e£e) unto the Arti- 
cles of Religion that they fhould be fern back again 
unto Rame^ he procured the King oi Spain to pro- 
mife that within the Time limited for the procuring 
of the Difpcnfation (which was by March or jlprU 
following at the farthefl) all the 1 emporal Articles 
(hould be fettled and agreed ; to the End the Infanta 
might be delivered at the Spring, as, by the K\t% of 
Spain\ Anfwcr in tVrliing, was declared to be that 
King's Intention; and accordingly Sir Walter Jf- 
tan and the faid Earl did, not in general, but moft 
induftrioufly labour to fettle all particular Artkdcs, 
(as they did moft of them) viz. That the Tortibn 
{hould be two Millions, it appearing that it was 
fo agreed by the late King of Spain^ the prcfcnl 
King's Father ; that, the Difpenfation coming, the 
Defponfories Ihould be within forty Days after, 
and the Jnfanta^s Departure from Madrid ihould 
be within twenty Days after that: And that 
Don Duane de Portigal {hould be the Man that 
ihould attend the Infanta in the Journey: And all 
other Particulars neceflary for the Conclvfwn 
of the laijd Treaty, were by Sir IValter Afton^ 
the faid Earl, ^nd the Spanijh Commiffioncrs, 
drawn up into Heads in Writing ; and after many 
Debates they. were confulted with that King, aiul 
;he 2d .of March, 1622, 0. S. the Conde di 
Gondonier and the Secretary Don Andreas de Prada^ 
were appointed to copie home to the Houfe of ih^ 
faid Earl, to fignify upto'Sir Walter Afian and him- 
ielf, Tas they did) that the King ot Spain had de- 
clared his Refolution in all the Particulars, and 
given them Order to rpme to a fpeed); Condufibn 
with thejn of all Things 5 and that King's An- 
. fw^f \o i|i§t CQnclufi9p thf p^rl law and- read, alj 

writ- 



Of ENGLAND. 199 

•written with the faid King of 5/^/Vs own Hand. An. 2.chari« i. 

• On the 7U) of the fame Month of Manh^ '^*^- 
the King's M^efty, then Prince, and the Duke of 
Buiitngham^ arrived at Madrid^ and then the Spa- 
niards took new Hopes, and the Negociation was 
put into a new Form ; fo that where it is objeftcd 
agaihft the Earl', that he enteruined and continued 
the Treaty fo long upon Generah'ticj), he concci- 
yeth it 18 not meant of the Spiritual Articles, for 
they were fuch as were fent from Rofne to Eng- 
Jandy and from thence they came to the Eail ; and 
for the Temporal Articles, they not being to be 

. fettled or treated 'till the Articles of Religion were 
concluded, heconceiveth it cannot be alledged with 
any Colour, that in them his Majefty was enter- 
tained with Generalities i fince from the Time that 
the faid Articles of Reliyon were brought unto the 

. faid Earl by Mr. Sifftan Digby, being about the 25ih 
of January y there were but fix Weeks untill the 

fth of ^<:2r^A foljowing, when his Majefty, then 
rince, arrived in Spam \ and in the Interim all 
the above fpecified Particulars were fettled : And the 
Time that hath been fpent in this Treaty hath not 
been through his the faid Earl's Defmlt, in conti- 
nuing upon Generalities, without preflihg to Par- 

.^ticulars, but halh been caufed as well by Difficulties 
which the Bufinefs brought with it, as alfo by ex- 

^ terior Accidents, viz. the Wars of B.ohemia, the 
Death of two Popes ^ and of the late King of Spai/j^ 
without the leaft Fault of the faid Earl's, as is ac- 
knowledged by his late Majefty of blefled Memory, 
in the faid Earl's Inftruftions of the 14th of March, 
1621, neither could any Delay therein be attri- 
buted unto him the faid Earl, for he was employ 'd 
in thofe Times into Flanders znd Germany -y and 
Sir IValter AJlon and Sir Francis Cotiington^ for 
the Space of three or four Year?, were refident in 

. Spi2in ; from whence the Hopes ihey gave were 

. upon all the difcreet Grounds that Minifttrs can 
expe\5l from a State : But the Earl refumed tr.is 
BufTnels only fix Months before h's Majefty's 
Coming In'o S^ain ; and he was (o defirous to fee 

h!§ 



oQo The Tarliamentary Hi s T o r y 

All. t(. Charles I, his Majefty, then Prince, beftowed, that he pref* 
»6»6. fed nothing fo much, both to the King and the 
Prince, as that the Prince might lofe no more 
Time, and rather break the Match with Spain^ 
than fuffer any further Delays ; as will appear by 
the Difpatches from his firft Arrival at the Court 
of Spain^ untill his Majefty, then Prince, his 
coming ; for in his Letters of the 20lh of June^ 
1622, being the firil he wrote after his firft Audi- 
ence, he was fo defirous that no Time might be 
loft, that in them he craveth Leave of his then 
^ajefty, that in cafe he (hould find any Delays in 
Spain, be might (without expefting any new Or- 
der) take his Leave and come home. And upon 
the Return of Sir Francis Cot ting ton in September 
following, he wrote both to the King and his Ma- 
jefiy, then Prince, viz, to the King as folio weth; 

I Jhall prefume to add to that which Mr. Cotting- 
ton Jball deliver unto your Majejly by Word of Mouthy 
of the prefent State of the Match^ what I conceive ta 
pe the right JVay to bring it to a fpeedy IJfue j that 
your Majejly will be pleafed pofttively to declare what 
will do in point of Religion^ and that you will appoint 
me a certain limited Time, by which this King JhaS 
procure the Difpenfation^ or conclude the Match with- 
out it ; that in cafe there Jhould be any further Delay 
therein J then, I may declare your Majejly difengaged^ 
and free to be/foy; the Prince in Juch Sort as you 
Jhall judge moft cot^enient, 

« And to the Prince at the farpe Time he wrote 
in the fqbfequent Words, viz. 

That which will be necejfary for his Majejly prC'- 
fently to do on his Majejly*s Part, is to declare hin^- 
felf hew far he will be pleafed to extend in point of 
Religion, in fiich Form as Mr, Cottington willpro- 
pound unto your Highnefs ; and that he Jet me a prf^ 
fixed limited Time to break or conclude th^ Matcb^ 
either with the Difpenfation or without it ; and for 
^he refl \t may be left to my Negociation ; but your 
Jiif^hnefs may be pleafed to halien this his Majeftf^ 
^(folutim ^ith allfo^iblf Speed. 



0/^ E N G L A N D. aoi 

• And the faid Earl faith : That having received An.i. Charki I. 
from his faid late Majefty'the Refolution in point i^i^* 

of Religion, and a limited Time according to his 
Defire; he was fo precife and punfhial therein, 
that although the making or breaking of the Mar- 
riage depended upon it, he would not give one 
Month's longer Time for the procuring of the 
Difpenfation, untill he had firft acquainted his faid 
late Majefty therewith, and received his Diredlions 
under his own Hand ; as will appear by his faid 
Majefty's Letters of the a5th of O^fober^ 1622, 
as foUoweth : 

Right Trudy and well beloved Coufin and Coun- 
fellor, we greet you heartily well. 

TlTHereas by your la ft Letters written to our 5^- 
^^ cretary, dated the 2^th of September, you are 
defirous to have our Pleafureftgnified unto you under 
our own Hand^ whether we will be contented or not 
to have a Month's longer Time for the coming tf the 
Difpenfation from Rome, than we have already li- 
mited unto you^ in cafe they Jhall there conclude all 
Things elfe to our Contentment^with aRifoltition to fend 
the Infanta hither next Springs we do hereby declare 
unto yoUi that in fuch Cafe you Jhall not break with 
them for a Month's longer Delay ; we aljo wijh you 
not to trouble yourfelf with the rajh Cenfure of other 
Metty in cafe your Buftnefs Jhould not fucceed^ refl^ 
ing in that full Affurance of our Juftice and Wif 
dm^ that we will never judge a good and faithful 
Servant by the EffeSl ofl/hings fo contingent and va- 
riable ; and with this Ajjuranc^ we bid you heartily 
JbrewelL 

* And he further faid, That when he had agreed 
unto' the Articles of Religion, and that a fettled 
Time was appointed for the coming of the Difpen- 
faction and a Conclufion of the Match, although he 
would bind himfelf to nothing without his Ma- 
jefty's Approbation, yet, for that no Time might be 
Ipft, he agreed to thePropc.fiiions, de bene ejje^ fent 
by Mr. Porter on the lorh of December^ 1622 ; to 
J^9 fnd theAtUCles might be tent immediately to 

f^om§^ 



aoa Thp T arliamntflry Hi s to rt 

^^^^^^^Rimjf^ without lofing fo n[iuch Time as to hear 
'^ firft from England j ^nd h^mbly moved, that, id 
caierhis.Majqfty l^ould approve of the faid Articles, 
he would fend his Approbation direAly to Rom$^ 
for the gaining of Time» which his Majefty wfis 
pkafed to do: And at that Time he wrote both to 
his faid late Majelly, and hjs now Majefty5 then 
Prince, vi%. to his Majefty, as foUoweth : 

Thh is the true State if the Bujinefs as it nm 
fiandeth j if your M<yejly approve of what is done^ 
I bepe it will have a happy and Jbort Ccnclufion ; if 
your Majefty think it not fit to allow (fih{/i Articks^ 
I have done the uttnofi of my Endeavours^ and JhaU 
btlmkly perfiuLde your Majejiy not to lofe a Day longer 
in the treaty ; fi much it importeth your Majeliy and 
your Kingdoms that the Prince were bejiowed. 

< And 10 the Prince, in Letters of the like Date, 
in this Sort : 

/ prejume now to write unto his Majefty that wiiih 
1 th.nk my Duty to fay likewife unto your fEghee/s; 
7hat in cafe you (hould mt approve of tvbat is how 
eonditionally agreed^ you permit not a Day mere U ie 
hft in this Treaty \ for it is of fo great Confifuence 
that your Highnefs tuere be/lowed^ that it impprteib 
almoft as much that you were Jpeedily^ as willingly^ 
married \ but I hope that his Majefty^ and your Higb* 
nefs^ will in fuch Sort approve of this laft Jgreement^ 
as you will peedily bring this long Treaty to a b^ftpy 
Concbifton- I am out of Hope of bringing Things to 
any better Terms, and therefore I deal clearly with 
your Highnefs ; and do not only moft humbly perfiutie^ 
but J on my Kneesy beg it of youj that you either re* 
folve to conclude this Match as you may^ or f^eeiilfio 
break it off^ and beftow yourf^ elfewhere ; for no bfs 
than the Happinejs of your Kngaoms^ and the Security 
of the King your Father and ymrfelf depend txpom ii. 

* All which Things being confider*d, the Earl 
moft humbly fubmitteth himfelf to the Ju^menC 
of this Moft High and Honourable Court, whether 
thofe Delays, which feveral Accidents have brought 
forth in this Buflnefs, can be attributed to his Fault ; 
i^ncQi on the one Sidei hQ hopetb it will evidently 



0/ E N G L A N D. 203 

2ippear utito your Lordlhipsy That he ever mc3tred his An.*. Cbtrki I. 
Majelfy and the Prince .to admit of no Delays, but *^* 
rather to think of ibme other Coucfi; ; and» on.the 
other Side, it will ^pear by all his XMfpatdiea, That 
he ptefled Things with the MiniileiB of Spain to 
as fpeedy aK^onclufion, as the utmoft Terms of fair 
-N^Qtiiation and good Manners would bear^ And 
whereas it is pretended that the Spaniards fhould 
take Occaiion, by entertaining the laid Treaties, to 
abufe his late Majefly ; (which he knoweth not) 
yet he faith, That he ufed all the Induftry and Vi- 
gilancy that a careful Minifter could do, and got 
from the Spaniards all the AlTurances, by Oaths, 
Words, and Writings, which could be expe£M 
from Chriftians, the which he faithfully, without 
adding or diminifhing, reprefented unto bis faid 
Majefty; and his faU Majefty, in thofe Times, 
was pleafed to conceive upon thofe Afiurances, that 
they dealt really with him : And he conceivetb that 
his Majefty that now is, then Prince, and the Duke 
of Bmkin^ham^ were pleafed to write as much to 
the late King's Majeily at their iirft coming into 
Spain ; and that all which the faid Earl had writ- 
ten touching that Employment, was there avowed 
by theConde D'Olivaresj and Conit DeGondomary 
to the faid Prince and Duke, at their Arrival at 
Madrid \ and he hopeth that, when bisDifpatches 
We perufed, it will appear and be a^'udged. That 
be fetved his Majefty with fome Meafure of Vip- 
fipacy, as well as Falnefe of Fidelity. • 

'7i tbeTm-BJO Ai^ticle the /aid Earl faitb^ 

'* That he did not either, by Word or Letters to his 
late Majefty or bis Minifters, extol or magnify the 
Gteatnefs or Power of the King of Spain ; ikw repre- 
fented to his late Majefty thefuppofedDangjers, that 
•^bald enfue unto him if a War fhould happen be- 
tw6i^ him and the fuid King of Spain ; nor affirm- 
4bd, nor infinuated^ as in the faid Article is mention* 
^, ^to any fuch Intent as by the faid Article is 
alled^d. But if b^ did at any Time /peak or 
<^fitc of the Ppw^r ox Qr^atnefs gf ;he King of 

Sfain^ 



104 The ^Parliamentary Hi s to r r 

An.a.ciiarlttl.^i^^^^* or rcprefented any Dangers to his late Mar 
i6a6. jefty that inight enfue, by entering into Hoftiljty 
with the &id King ; it was as a faithful Counfellor 
and Servant to his Matter, by way of Advice and 
Opinion, which he ever delivered fincerely, f^ith- 
ftilly and truly, according to the prefent Occafion ; 
and in no wife to any fuch Intents as in the faid 
Article is mentioned, nor to any other evil Intent 
or Purpofe whatfoever. But he hath been fo far 
from diiTuading his late Majefty to take Arms, 
that he hath upon all juft Occafions advifed, that 
all fitting Preparations for War might be made, as 
(beginning with the Year 162 1, from which Time 
he is only charged,) will appear by his Speech in 
Parliament prcfently upon his Return out of Ger- 
manyy ' That he hoped his Majefty would rely no 

* longer upon fingle Treaties, but make all fitting 

* Preparations for a War, and that the Parliament 

* would enable his Majefty thereunto (/) :' And by 
the Care he took before his going again upon his 
Ambaifage into Spain^ that the Eftablifhment of an 
Army, under his Majefty's own Standard, of Horfe 
and Foot, and in his own Pay, might be fully fet- 
tled and provided for \ as likewife his Advice to 
the Lords of the Council, that his Majefty might 
have a Curb upon the King of Spmn upon all Oc- 
cafions, by continuing of Sir Robert MaunfeT^ 
Fleet upon the Coafts of Zpaitiy as will appear by 
his Letter written from ViBnna^ of the 26th of 
July i(J2i, mentioned in the Anfwer to the firft 
Article : By all which it will appear that he la- 
boured and endeavoured, as much as in him lay, 
that his Majefty might be well prepared for any Oc- 
cafion of War which fhould happen j and he no 
way remembreth to have difcouraged, or to bare 
fpoken or written any Thing that might have been 
underftood to have tended to the difcouraging, 
his faid late Majefty from the taking of Arma or 
entering into Hoftility againft Spcan ; or for refitt- 
ing of him or his Forces from attempting the In- 
vafion gf his faid late Majefty's Dominions, or th^ 

• f/;. See before Vol, V. p. 485, 



Of ENGLAND. ao5 

■ ■ 

Dominions of hb hte Maje^'s Confederates, An. LChttini. 
Friends, or Allies, as by the laid Article is charged i^c, 
againft him ; nor remembreth that hehatbhad any 
^ufe fo to do : But if he hath in any kind fpoken 
or written of Spain^ or the Power of it,, it may 
have been to his late Majefty, or to his Majefty 
that now is, by way of Difcourfe j fpeaking of the 
Solidneis of the Spanijb Proceedings, of their. Teri- 
ous and deh'berate Debating of Bumiefs before they 
refolved on them, and of their conftant Purfuing 
of them when they were once refolved ; wifliing 
xhzX. England and other Nations would herein imi- 
tate them ; for that he fuppofed the right Way to 
impede the Spantjh Greatne^, was to 0x>w as "wife as 
they, and to beat them at their own Weapons : But, 
otherwife, he is confident he hath never been heard 
to fpeak, or write, any Thing that might give any 
Terror or Difcouragement to his late Majcfty orhis 
Chief Minifters \ knowing that England need but 
little fear the Power of Spain, having aknoft in all 
Attempts and Enterprizes won Honour upon them. 
And as for his representing the Dangers that might 
enfue upon a War, though he knoweth not what 
is aimed at in that Particular, yet he is moft con- 
fident, out of tlie Integrity of his own Confcience, 
that he hath neither faid or advifed any Thing but 
iirhat befitted a faithful Counfellor and an Ambaf- 
&dor; which was truly to deliver his Opinion 
as he underftood it upon the prefent Occafion : And 
as for the affirming that his Majefty's Quiet (hould 
be difturbed, and he not permitted to hawk or 
hunt, he remembreth not what Difcourfe he may 
have bad or written to atiy Perfon how fit it might 
be, upon the being embroiled in fo great a War, fe- 
rioufly to attend it, and miake it our whole Work : 
But as he is confident it will appear, that what Dif- 
courfe foeyer it may have been, it wanted not the 
tl'ue Zeal and Affeftion which he hath ever borne 
tb the King's Service ; fo he hopetb it will be found 
not to want that due Refpeft and Reverence, on his 
Part, which he ought to fl^ew to lo gracious a 
Mafter ; neither can it be conceived, that the Con- 

fiderations 



2o6. Th^ fFdrlianffntsryHisroKY 

A»2. cities i.jyerattdod of Huntipgt'liav^lcing,' or £afe> ihould- 

^^^* be Cortfidcrations worthy fo great and prudent a 

Kingi tj> withhold him from a War for the Good 

of Cbriftei^m and his I^iogdomsy if be; ihould. be 

unjuftljF pro^?d tbereuntp.. 

To the fqvKTH AKTiCiE the /aid Earljaith^ 

* .That he did not any Thing contrary to Hia 
Duty and Alkgiance, or contrary to the Faith and 
Trufl: of fen Ambailadorj a? by the Article is alledg- 
ed ; buttiidrendeayour the Service and Honour of his 
late Majeft^, and no corrupt or iinifter Ends of his 
own,- or hia own Advancement, as by the Article is 
ailedged. And as for the Conference Tyhich is pre* 
tended he ihouldhold concerning the Treaty, that 
being told there w^s little Probability that the &i4 
Treaties would or could have good Succeis^ and 
tfaait:hef{hould acknowledge 4s much ; and yet fay 
that he cared not what the Si^ccefs thereof wo^id 
be, but that be would take Care to have his in- 
j|lrui3!bns;perfe6i, and to puffue them pundlMally } 
and would make his Fortune thereby, or Wordii to 
that ESs& ; be doth not remember to l^ve held 
any futh DifcoOrfe, tbo' it is true, that ;he Tjme 
hath been, many Years iince, when he thought the 
Match vecy unlikely to be eff^ed, in re^d of tlic 
unequal Anfwers which were given in Prince i&«- 
rfs Tiole, and the Unlikelihood of accommoddt* 
ing the Differences of Religion and Faith. Fur- 
ther, as to the Reviving of the Treaty of the. iaid 
Match for ius Majefty th^t now is, that in the firft 
he wi&ed and advifed a Pntefiant Match \ but, in 
the Duty pf a Servant^ underftanding that bo^ 
their Majefties really defiri^d the Match with Spqin^ 
he did feriouHy and fa.ichfuDy intend the Service 
and Honour of tbeir Majefties, and eSeflually en- 
deavoured to procure their Ends j and it is very, 
likely he might fay wpuid get hb Inftru^ions per** 
fed, and to purfue ibeQi pun£hially, as he con* 
ceiveth was lawful and' fit for him to do'; b\it for 
the latter Part of this Conference, that he fiiould 
fay he would make a Fortune by it, or any Word^ 

to 



Of EN GLAND. 207 

to tliat E8c£lf he was in the Year 1621, and ^ver An, %. ciudciL 
fioce, of that Rank and Quality, both in regard of i^ai. 
hia Employment, Fcrtunes, and his Mailer's Fa- 
vour, that be allureth himfetf he did not $ and dart 
anfwer fo far for his own Difcretion, that it was 
impoflible for him to hold ib mean and unworthy a 
Dilcourfe* 

7o the FirrM Articie the faid Earl fmih^ 

* /that he did not intend or refolve, that if the 
Marriage in the former Articles mentioned fhbuld 
have been efiedled^ th^t th^reby'theiZ»n^ Religi- 
on or the Profellbrs thereof fliQuId be advanced; or 
the true Religion and the Profeilbrs thereof difcou- 
raged or difcountenanced> as by tbe bid Article is 
alledged ; nor did he, to any fuch End or Purpofe, 
or otherwife, at any Time, counfel or perfuade the 
late King's Majefty, to; /cjt >t Liberty the Jefuits 
and Prlefts of the Eoimjli Religion ; or to grant or 
allow unto the Paptfts ^nd Profeflbrs of the R$mtjh 
Religion, a free Toleration or filencing of the Laws 
made and Handing in Force againft them, as in the 
faid Article is alfo alledged ; but contrarily, upon 
all Occaiions, to the utfnoft of his Power, did la- 
hour to prevent all the Inconveniences in point of 
Eeligion, that might come by matching with any 
Prince6 of a differing iCdigion ; as well appeareth 
bjr a Paper of His own Opinion, That bis Ma- 
jaly Ihould marry with a Lady of his own Religi- 
<xi,-as hereafter mentioned in his Anfwer to the Se- 
vcptii Article: And for further Proof thereof he 
faith^ that in the whole Treaty with Spain he ever 
ftood iirifter in point of Religion than bv his In* 
ftru£Uons he needed to have done, as will appear 
by- tbe Teftimony of Sir Walter JJlon^ and his Dif- 

giche? of the 1 2th of December^ ib22y and other 
ifjpatches, which he defireth may be read : And 
aa for counfelling or perfuading to fet at Liberty 
yefiiits or Priefts, he utterly denieth to have done 
any fuch Thing, as before he hath anfwered; altho* 
it be true that the AtnbafTage of Spain being far 
d^erent (torn Employments in other Places^ whi 

th 



loS The Parliamentary History 

Aa.2.chark8i.^^^^c is a Body of our. Reformed Religion, and 
J626. where hi3 Majefly hath Kitidred and AlKes, where- 
by his Majefty's Minifters may be informed of the 
neceflary Occurrerits of State,, without the Help 
of a Prieft or Jefuit j but in Spain there being none 
but Rdman- Catholics y nor any other Manner of 
Correfpondency or Intelligence but by them, the 
Ambaffadors muft make ufe of all Sorts of People^ 
efpecially of Jefuits and Priefts 5 and to that Pur- 
pofe AmbaiTadors thither have always a particular 
Warrant under the King's Hand, to treat and 
make ufe of Priefts, Jefuits^ and all other Sorts of 
Men, unlefs it be fuch as be proclaimed Rebels ; 
and divers Times the Minifters employed in Spairty 
to gratify foroe whom they there employed for the 
King's Service, as he believeth'i at their particular 
Suit moved his Majefty to extend Grace and Fa- 
vour to fome particular Friend or Kinfman of theirs, 
being a Roman-Catholic and imprifoned in England 'f 
and this he remembreth to h^ve happened to others, 
but doth not remember to have written himfelf to 
his late Majefty in that kind : And, as concerning 
his Advice and Counfel to fet at Liberty Jefuits 
and Priefts, the granting to the Papijls ^ l^olera- 
tion, or a filencing of the Laws againft them, he 
faith, That his late Majefty was engaged by the 
Treaty of Afoir/i in 1617, in divers Matters con- 
cerning Religion, as likewife by Promifes to the. 
Conde De Gondomafy and his Letters to the King 
of Spain, of the i7thof>^n7, 1620, wherein he 
is pleafed to promife fome Particulars in Favour of 
Roman-Catholics^ as by the faid Letter will appear. 
And, notwithftandlng the' faid Earl had fufficient 
Warrant, under the King's own Hand, to afliire 
the King of Spainy that whatfoever was agreed in 
the faid Articles, or in the faid Letter, his Majeftjr 
would fincerely perform ; yet the faid Earl was Jb 
cautious in that Point, that when, for the Cbncia-' 
fion of the Match, the other Articles of Religion be* 
ing all agreed, it was preffed by the Spanijb Mini^ 
fters, that a Claufe, if convenient, might be infehrf, 
wiih Proteftation, that the Form and Way thereof 

fliouid' 



0/ E N G L A N D. 20^ 

(hould be wholly left to his Majefty*s Wifdom andAii.afc.Char!efL 
Clemency 5 and that his Majefty's Reman Catho* i6»«. 
He Subjedts {hould acknowledge this Grace only to 
9ome from the King's Metcy and Goodnefs ; yet 
the faid Earl would not condefcend or affent there- 
unto, but oplv de bene ejfe^ as by his Letters to Mr. 
Secretary Calvert^ bearing Date the 8th of O^ober 
1622, will appear; thereby to give his Majefty 
Time to take it intoG)n(ideration, before he would 
engage or bind him in this Point* 

* And the faid Earl faith, That he did not bjr 
Letters, or otberwife. ever counfel or perfuade his 
late Majefty to grant and allow unto the Papifls 
and Profeflbrs of the Romtjh Religion, a free To- 
leration or filencing of the Laws made and ftaod- 
ing in Force againft them, but ever protefted againft 
any fuch Toleration; and when any fuch Propofi- 
tion hath been c^ered to be made in Spain^ he bath 
ever refufed fo mucft as to give Ear ufito it, or to 
liifier it to be propounded ; although it be true he 
hath fince feen a Writing touching Pardons, Su- 
fpenfions, and Difpenfations, for the Raman Ca^^ 
tholics^ bearing Date the 9th of Auguji i6:;;3, 
figned h^j fome of the Lords in England^ where- 
with he was never acquainted ; but it was treated 
and concluded by others with the Spanijh Ambafla- 
dors here in England^ whilfl: the laid Earl was in 
Spain ; neither w^s his Advice or Counfel in it, for 
if he had known it he (hould have protefted againft 
it, as far as with Duty and good Manners he might 
have done. And fo the faid Earl leaveth it to your 
Lordlhips, toconfider of the Difference betwixt 
the Q>nditlon3 of the Treaty of Madrid of the 
ilrh of December 1622^ .concluded by him and Sir 
fffsfiter AJidn^ and of thofe which were after con- 
di^ded here xuEngland^ expreffed in the faid Writifjg ; 
Which is ready to be (hewn to your Lord(hips, if 
ia your Wjfdomsit (hall fo feem fit ; and then he 
4o<jbteth not but your Lord(hips will judge the 
Wi Earl to be very ut^fortun^te to be charged witii 
an Arttple of this kind. 

Vol. VIL O » 



aio The Parliamentary HiSTO r v 

^" 'leii"^'*' T^ t^e Sixth Article the fai4 Earl faith ^ 

^ That be gave not any falfc Infornaation or In? 
teljigeoce concerning the Treaties, in the faid Ar% 
ticle mentioned, either unto the late Sling's Ma-' 
jefty, or uniohis Majefty that now is, then Princp; 
neither doth he know that his late Majefty, by 
Hopes t^keq frqm his t|ie faid Earl's Afilirances, or 
by Jealoulies or Sufpicion^ from the Delays in the 
Proceeding with Spahy was enforced for the fpeetjy 
Conclufipn of thefe Treaties, or to the intent to 
difcover the ill Intention of the King of Spdn and 
the Efljperpr, to take his Journey into Spain^ as by 
\h^ faid Article is fuppofed ; for the faid Earl ii^itbi 
That ibe^Aflurapces which he gave his late Maje- 
fty, and his Majefty th^t now is, concerning theie 
Treaties^ Ayi^rp luch as it had bcpn Diftionefty and 
5rea;:Vi of his DMty and Truli, foj: \\im to have 
lield bapk ; bejng the fame thati^yere given him by 
ihe Emperpr, aitd the King pf Sfain^ and thw 
iMiniftcrs, uppn as great Afturatic^s as can pafs be- 
twixt Mmifters of Princes in the like Cafes: Apd. 
as for the; Delays of Spain^ they could never be fo 
ill, and with fo little Colour complained of, as at 
the Time of his Majefty *s coming thither \ for tb^^t * 
a certain Time was, before then, prefix'd for the 
coming of the Difpenfation, viz. in April 1623, 
at the furiheft, \yhich was the next Month after 
the Prinze's Arrival at Madrid \ and the Etefpo^i- 
faries were to have been within forty Days follow- 
ing, and the Infanta to begin her Journey into 
England within twenty Days ^ftpr: So as three 
Months Patience longpr would have fliewed the 
lilue of the 3«finc/s, witliout putting the Perfori 
of the Heir apparent of the Crown into fo imfiiir.. 
nent Hazard tor the trying ap Experiment; s^ 
it is an cx|d Kind of ArgMtncnt, that, beomjb 
the Spaniards w^re fufpc<!:ted to h^ve dealt falfly» 
and lo th^ ]^f$ to be irutted, therefore the PerfgnQf 
the.Prjhcc^ (hpuld be pi|t into their Hands to try 
Condufions ; but the Truth is, that though Xh^% 
vi^ n.adc the pretended Ground and Occafiqpof 

^ the 



Of E N G LAND, in 

the Journey, it was neither the Aflurances of tbeAii*».ClarlcfIi» 

faid £art nor the Jealoufies of Spaiti^ but other «^»** 

Motives, that were the original Caufe of his Ma« 

jelly's faid Journey i as fhaJi be fu&iently made 

appear in due Time: And the faid Earl having got 

an Inkling thereof* by fomeching that was let h\\ 

by the Conde Di Gondomar to that Purpofe, in- 

ftantty difpatched away Mr. Grefley to his late Ma- 

jefty, to have the Journey prevented; who, upon 

the Confines of France^ met his Majefty and the 

Duke of BmHngham on their Journey towards 

Spain^ and told them as much : So that altho' he 

confefieth what is (aid in the laid Charge to be true, 

wz. That, by the faid Journey, the Perfon of the 

f rince and the Peace and Safety of this Kingdom 

did undergo fuch apparent Danger, as, at the Re- 

iliembrance thereof, the Hearts of all good Sub- 

jefts do tremble ; yet the Eiame of it is due to the 

Authors and Advifers of the faid Journey and iwt 

to t^e faid Earl : And aliho' it pleafed God, to the 

exceeding great Joy and Comfort of the faid Earl 

and of all good Men, to fend his ^cious Majefty 

home with Safety ; yet never was the Perfon of any 

Prince, upon fuch Grounds, expofed to fo great a 

Hazard ; and in fuch Cafes, not the Succeis but the 

Ontnfels ought to be confider*d/ 

7^f^^SKV£NTH Articj-e th^ fail EotI fotth ^ 

* That he did not move nor pcrfuade his Ma* 
jefty, th^n Prince, to change his Religion, neither 
in the Manner in the faid Article mentioned, Ttox 
in any other Manner whatfoever; neitlier did he 
-conceive that the Charge in itfelf, as it is laid, wilU 
in any rcafonable Conftruftion, bear any fuch In- 
ference as is made thereupon ; fo as he conceiveth 
'he nccileth not to make any further or other An- 
fwer thercunio ; yet that it may appear that the 
Motion he made unto the fold Prince was not trai- 
teroufly^ falfly, or amnlngly, or without Ground^ 
npj? TO any fach Intent as in the laid Article is fup- 
poled^; and to manifefl untg this high and honour- 
able Court, bpw far he was frorix any ftwh liiten- 

O %. won. 



a I a 7J3e TarltamentaryVLi story 

^ Aii.*»Charicii.uon, he feUh, That he doth acknowledge that 
i6»6. withm few Days after his, Majefty*s coming into 
Spain ^ whilft he had that great Honour to havejjis 
Majefty lodge in his Houfe, ;and to have fo Royal 
a Gueft ; finding, by the Spani/h Minifters, that there 
was a general receiv'd Opinion in that Courts thai 
his Majefty*8 coming thither was with Intentions to 
become a Roman Catholic ; and the Conde De Gm- 
domar having that very Morning preffed the Earl not 
to hinder fo pious a Work (as he term'd it) of his 
Majefty's Converfion, and feeming to be aiTured of 
the Duke of Buckingham's Affiftance therein j his 
Majefty being all alone in a withdrawing Room in 
the faid Earl's Houfe, the faid Earl kneeled unto 
him an^ ^old him, That he had a Bufinefs to im- 
part unto him which highly imported his Majefiy 
to know, fo he might be fure his BoldneXs therein 
might be pardon'd, which his Majefty gracioufly 
promifed ; and thereupon the faid Earl told his Ma- 
jefty, That the general Opinion in the Court vnSf 
that his Majefty's coming thither was with Inten- 
tion to be a Raman Catholic^ and there to declare 
it ; and confefleth that, at the fame l^ime, in re- 
gard of ihofe Things which he had heard, he hum- 
bly befought his Majcily to deal freely with him, as 
with a Servant of whofe Fidelity he might be con- 
fident, or Words to that Efted : But he was fo far 
from pei-fuading his Majefty to be a Roman Caibo- 
Hc^ that without expefling his Majefty's Anfwer, 
he declared himfelf to be a:Prote/}ant^ and fo fliouH 
always continue; yet, he faid, he wouW ferve bis 
Majefty, and labour to advance his and the King his 
Father's Affairs, with as much Fidelity and Hone- 
Ay as any Catholic whatfoever : And his Majefty 
was pjeafed then to make unto the faid Earl a full 
and clear. Declaration of. his Religion, and . of his 
conftanii Refohuion therein j anji Teemed to be much 
difpleafed that any fliould havis fo' unworthy anO- 
pinipn of him, ^s to think hq. would, for a WifCf 
or any earthly Re^e£^ whatfpever, fo much as to 
waven in his Religion : WHereu'pon the faid Earl be- 
foui^t:bis Majefty to pardon hi^ Boldnefs, and then 
; * . in- 



Of ENGLAND, aij 

in treated him not to fuSer his Bufiaefs to be orer- ab. i. Carin r. 
thrown, by pcrniitting that Conceit of hisConver- '**'• 
lion any longer to remain in the Spaniards^ nor to 
do any Thing that might give them Hope iherein; 
alledging, that it was impoffible the Marriage could 
be without a Difpen&tion, and fo Jong as the Spa- 
niardsj who were to procure this Difpen&tior., 
Ihould have the lead Hope of his ConverSon, they 
would rather clog the Difpenfatioo than haftea 
it \ for whilll they (hould have any Hope at all of' 
his Converiion» they would never content them- 
felves with the Part to which they were tyed by the 
Articles agreed upon with the faid Earl and Sir 
Walter Afion. At which Time his Majefty was 
pleafed to approve of his OpinioD, and faid» he 
would expeS the Difpeniaiion ; ^nd did thereupon 
afterwards fend Mr. Jndrews to Rmh to hafteo it. 
And the next Day the (aid Earl dealt very roundly 
with the faid Conde lyOlivares and Gmiimar^ tel- 
ling them. It was a difcourteous Manner of Fro^ 
ceeding, to pre/s his Majefty beyond theCccditions 
which had been formerly agreed upon in point of 
' Religion ; and to make his Ccmdition the worfe for 
the great Obligation he had laid upon them, by put- 
ting himfelf into their Hands: Whereat they took 
luch Offence, that they eftranged ihemfelves from 
faim for a long Time after. And that the fr-Jd Earl 
did thus proceed with the Condes, and that this 
18 not a new- framed Anfwer to fatisfy the prefent 
Objedion, but that which really and indeed paflcd» 
will appear \^ h'ls Difpatches fent unto his late Ma- 
jefty of blefled Memory , before his Majefty, th*t 
now i&, came out of Spain ; and were iirft there 
ihewed unto his Majefty, bearing Date the 9th of 
SeptembiT 1622; fo ihsx altbo' it be true that the 
laid Earl did not difliiade his Majefty (for there was 
nQ-Caufe for it) yet without expeding his Majefty's 
Anfwer, he firft made a true and clear ProfeQion 
of his. own Religion; and when his Majefty h:»d 
declared unto him his Zeal and Conftancv, he 
hymbly befought him that the Span oris might 

O 3 noti^ 



ai4 TT^ Parliamentary History 

An. a.ciiarlei i.not, foT ^vcj Rcfpcft, behcW lotigcr itt afiy Hot)te 
>^« in that Point/ 

< AncLbecaufeaPointof Religion is that Whteli 
all Men of Honour and Honeffy fliould cVx^j 
defirc to clear, efpccially having Imputatibtts of 
that Nature laid upon them, as the faid Earl hath 
in the feid Article ; he humbly befeecheth your 
Lordfhips that he may not ifeem to dimrfe from 
the Charge, in tendring to your Lordfliips fo&* 
faAion in that Particular, not by the afortfald 
verbal Difcourfe only (which he protefteth Was 
with much Zeal to Religion, and dutiful Care to 
the Prince, in that kind) but by forac wirittcil 
Teftimony of his former Onthion ; both to the 
Match and Religion, when ht was firft enjoy- 
ed into Spain for the treating^ of \\m M^rfage in 
the Year 1617: For hfs late Majcfty havhig cbm- 
manded him to give an Account thereof unto bil 
Majeft'y that tiow is; he, at his Departure to- 
wards Spam^ prcfamed to give unto his Majefty 

^ his Opinion in Writing, figtted with his own 

Hiind, to be kept as a Teftimony of his ftiture 
AftlonS; the Copy whereof is this that followcth, 

SIR, 

rHE Opinion which / have ever prefumed ^utn- 
Bly to offer to his Maje/iy concerning your Htgh^ 
nefs*s Marriage^ hath been that^ both in regard of 
Confiieme^ Satis/a^iion ro his Majejffi People and 
JitieSj as Hkewife for the Security and ^et of 
hii Mejefifs Eftates^ your ISghnefs might tttke to 
Wife Jome Proteftant Primefiy altho^ Jhe were nei* 
ther Daughter to a ISngy nor hadfo ample a Portion 
05 might relieve the Krn^s prefent Necejfttes ; for 
that there might be many (Vays found fir the 
helping the King's ffintSy either by fime few Years 
Providence and Frugality^ or by winning the Jffic* 
tions of the People to the fupplyingof his Majejfy by 
way of Subfidies in Parliament : n^hereas cintrari- 
wifii if the Number and Power cf the Papifts fl>aU 
be entreafed^ as undoubtedly it will by your Highnefs's^ 
mmbing mth any Catholic Pn«f{^ whatfoever^ 

t brougb 



^ Of ENS LAND, iij 

ibmgh thi, jflimm VH^i mUffi of N^ceffUy, iiAn. %. Ourfci I. 
mdJe fir thi E^ftiji^ ff bir Sitljsion fir hirfiff'ani »•*•• 
Famh within ydur Hi]/^efi'*s Court j and ti^ehy^ 
h DegreeSy the two different R$&iwHs./baH ^ grow 
to an E^uaSty of Power^ it will be of great Hazard 
dtnd.Dif^iei tofjIftt^SWei; afif fiat : to HtUdr^ed 
Wtbou^grim^t^.iffigir and Courfis,^ holme than 
is proper or trfual/o^ABis State, to piit jn PraSfite: 
But infafe hisMtl^Jiyi out of bis fiMont and CoH-^ 
ftdenftioni hefi hwt/tfn to bim^lf bolis \i fittejl that 
your Uighnifi mat elf wilb France or Spaiif, «f atq 
othtt Catholic, ntber for that thi prefont Time af^ 
fordith no Ppteftani Princefs who is for Years or 
Blood fuitable to your Highnefs^ or that can in any 
eonfideratle Meafitre hy her Portion fupply his Maje^ 
ftfs prefint Wants ; / then conceive that the Match 
by which this State Jball fuffer leafl Inconveniences 
and Cumbers f and whereby hrs mqjejly's Necefftties 
fiaU^ by the Greatne/s of the Portion j be the md/l re*- 
iievedf is with Spain ; if fuch a Match may be made 
with fuch CondtHom of Religion^ as other Catholic 
Princes wilt content themfelves withalh 

Thus much I thought ft humbly to reprefent unto 
your Kghnefs^ for that I fee my Employment is Itablo 
to ,the Cenpre rf many worthy and religious Men \ 
with whom tho* I concur in my' Opinion ^ vet I Jeem 
much to differ from them in my Ways ; fir that it is 
more proper for me to be true to my Mafler*s Ends 
and Service^ than by declaring this to procure their 
Satisfa6fi9n : Only to your Highnefs I thought fit to 
mate this Declaration^ and Jhall be a Suitor u?ito you 
for your Favour,, as you Jhall really fee me lalour to 
put. ibis in EffeB: And if his Majejly Jl^alU either 
by the Motion of Parliament^ or any other Propo/t- 
iioft which r/'oy be made unto him^ think it fit to pro- 
. end with a Proteftant Match ; as I Jhall wijl) as ivell 
unto it as ijny Man living^ fo I hope in fuch Sort ic 
manage the pre/ent Buftnefs that I have in Hand^ as 
it Jhall rather much further than any Way crc/s or 
binder it : But in caje bis MajeJly Jlmll not be drawn 
tf hearten to anjf Propojition /or a Proicftant Match^ 
1 then conceive that your Highne/s doth^ and wilU 

approve 



ii6 Tbs ^drliamenraryHi&r OKT 

Atut* chMfinhappr^e that I really and effeSfuaUy labour to promn 
1616^ tf Match for your Highnefs with Spain, upon fiuh 
Conditions^ in point o/ReSgion and Portionyas to his 
Majifiy Jhallfeemfit. 

>■ . 

^ Befides which Declaration of the faid Earl's 
Opinion, he hath all his Life, in all Places, lived 
and avowed himfelf a Proto/iant, n^ver havmg done 
the leaft Ad that was not fuitable to the fame Pro- 
feffion ; and that in all Ms foreign Employments, 
for the Sfwce'of fourteen Yearsij- of more than 500 
Pferfons- of all Qualities that have attended him, 
there was never any one perverted in his Religion, 
fave tw6 Irijh Footmen, Who in Ireland had been 
bred Papijls: And he humbly ^defireth the Tefti- 
mony of Dr. Mawe and Dr; Wnnn^ and of Mr. 
Sampford^ one of the Prebends of C<fnterbury^ Mr. 
Bojwell^ Parfon of St, Lawrence in Lpndm^ and 
Mk Fr^it;^;/, Divinity-Read&r in Magdalen* CoUegt 
mOxon, (all of whom were hisMajeftyVChaplains 
in Spain) 2^ well for the frequent Ufa of the Sacra- 
jnenr, and conftant Profeffion' and Exercifes of 
Religion ; and the Teilimony alfo of fuch Catho- 
lics as are known to havebeen his antient Acquain-^ 
tance and Friends, and to examine them upon 
Oath, whether either publickly or privately in Spain 
or in England^ they have known him in any kind 
to make Shew, or fo much as forbear upon all Oc- 
cafions avowedly to declare the Religion that he 
profefleth ; and that the faid Mr. Frewen and Mr. 
iVake^ his now Chaplains, may be alfo examined, 
whether in Extremity of i'everal Sicknefles, where* 
unto he hath of late Years fallen, he hath not ever 
fettled his Confcience with them towards God, and 
made a Confeflion of his Faith, refolving a&^befit- 
ted a Proteftant and a good Chriftian/ 

7i/A^ Eighth Article /<&^ faid Earl faitb^ 

* That he did not at any Time, or in any Place, 
ende:^vour to perfuade the Prince to change his Re- 
ligion, and to become a Roman Catholic ^ or to be 
obedient to the ufurped Authority of the Pope 0f 
• Romfi 



f Of -E N G.L A ,N IX 117 

Jim/; neither did tbd iaSd Earl, to tl3at?Eill'j6rAii;2.ai«iii«. 
Puf^fe^ or otberwifei ufe unto his M^^y,:;t&ei 
Pritice, the Words in the Article menttoOM^f^/s;* 
That the State. of Englatid <Wrmwtfr artf gr^i 7hing% 
butwbektbey were under, ita OtadienU'^jb^. Pope 
^Rx>tn€v and that it was w^kj^tle tb^.Jhuld dt 
any Thing tf Note oiberwi/ey as k) the faid Article 
is charged : But the fnid £arljtcknQwlcdgR(h« iXhat 
tiponoccafioh of a Letter, whichcainetO'bisMa* 
jefty, then Prince, putting his Majefty io ftifndof 
the great Adtions ofhis Rqjral Progenitoris in, the 
Holy Wars; and thkt: the :^eat Kings cif Ithofe 
.Times did not only em[rioy their Forces, butv in 
their Peribns, went mto the Holy Land; the Earl 
bdieveth, that, by wayof -Difcourfe only, mi not 
otherwife, he may have laid. That in regmrd of 
the Difference of Religion, it were of more Diffi- 
culty to undertake fuch great Adtions now than in 
former;Ages ^ and it mi^t well be inftanced in the 
prefent Treaty of Marriage, wherein the' P/fpe's 
.Confent was to \>t obtained ; and to this Effe^* 
and upon the like Grounds, he was confident there 
were ^Fery many that have, nay few Of Nearneft 
about his late Majefty that have not, oftien heard 
hi9 Majefty fay, That he was the true Martyr, that 
fuffered' more for his-Religion than all the Princes 
of Cbrijiendem befides; inftancing in divers Parti- 
culars, but efpeciaily in that he could.not match 
his Children with Kings of their own R^nk, with* 
aavxWPope^s Leave ; But the faid Earl laith. That 
he never ailedged any iiiith Thing to other JPurpofe, 
than td^{bew that ovA^ Confcience, and Love, to 
Truthi (in which regard: Proteftants fuffered much) 
tnd.not.any temporal Refpedls, made i us con- 
ftant and zealous to the Profefiton of our Religion ; 
by which Difcourfes: he ever attributed much to the 
Shicerity and Honour of the Proteftant Religion ; 
but never ufed it as an Argument to perfuade, as 
in theiVccufation is. infinuated. Befides, he con* 
ccivethi that, by way of Anfwer thereunto, . the 
fxme.Queftion rpay b^ aikd which his Majefty wa? 

pleafed 



2iS 7ie'Pat^/iaAe^^atyUisYi>KY 

ctmUA.fAeiMitaKk of the AidEar^Ui thi jth Attkkivii. 
WfUtt/k'^d Earlfatb in Ms Mof^^y ibai Si 
fiMdtkfa hint fo imifortby os U cUngi his ReR- 

SmmfQm)A \t\ie d^Doglit^ thvt tM heebflStiint 
lik)^ & tcr tit)dMa!k<r great Aaiohs hr die Wcflpn^ 
i^ni i xdfxi moral teiiiporil R^i]pea^ fiicUM be 
in Ajgbmdnnf to perfdadislt in Cbnfddlnc^- fer ieli- 
gi^s atod wife a rixtntf ttA to weH fiiftnnElcdas 
bis M^eftjr ik( sb tHo' the Son! of > 0»;ift]Bn 
PHirde Wdff to beVro9i^t u[)dn, m pidiht of Truth 
ahd^ Belief, by tempprah ^iHl wdrldly ReT^a^ tf 
OoQVetAietfces ivA Qrmxmb: It were tiece&tf^» 
for'Pptfbf or Thii Affdtiori, TbtEarrs ptrfkaJSng hti 
IMMif tikihing his Ri&gidn{ to prrodube fbme Ar^ 
^in«t)t8thiu heiited 6ut of the Scnptdre? tofirtitfy 
biW^'in pofeit of GonfcicBtJce, iff fome Ten^ df the 
RjffiHfb Chareh $ c/t that hi p>ccttred my C^hfe* 
i^eilce- ^itb Idamed Men for hid Satisfafiipif in pumk 
<jf jRcligiOnr; oiherwiiev the Argument ufedirr tiro 
Article agsAnft the faid' EaH doth^ as he conoeivetb, 
a?r^ Bttle' Strength to prove the Cbatge of >er- 
ftMtingf (bf his Majefty, ^irhbr in regard of itfeK, Oi 
budiedi itf regard of his Majcfty 's Pi'ky / 
■ • • . . . ■ >: •. ' I J , 

2!? /ihf Ni NT H Art i c ik the faid Earljaith, 

» Ttet there was a^ Difcourfe in Sjftai^^ of the 
'9fzy'df docotnmodafitig thie Prince Palatine*^ Af- 
fidrs^j a)fld, by way 6f Difcourfe, it was' moveifv 
That tte M*i^rriage of hiieldefl: Son withi.Ditig|i« 
tef 6f the Bfhpei'or^ aitd hisi Son to be bred^fn thii 
EtopfeT^'i Coarr, would be the feircft Wsiy for 
paci^n^2^ accommodacmg thofe Biifinfe&s'; 
and the'Edtl, by #ay of ftkh Difcourfe, and not 
Othei^iyif^, did fhy, That he thought his Iste Mut" 
j^fty Would tidtf bb avetfe^ either to the faid Mbttcb, 
01" th«< btie^diifig of the Prince P^J^/lrVnr's SovwitB 
the ttap6t(k \ foas thelieby the whole' PatriniDi!^ 
Eftate of the Prince PaUtine, with the Dtgjhity 
EIea'oi^l> niiighr be fully reitored ; th^ his^ Son 
might' be bfx)Ught up in bis own R<ligioti> and l»i?e 

fuck 



Cf EK G 1/ A N D. afjT 

fiicb Preceptors apd fixb a Family as hh bid 1atBAi*it.cii^k»ii 
MajeltVi and bii Fatber, (meaning the Prince Pdbh^ >^^^ 
A>/; (hould appoint, and tb^ to bavefrte Exer- 
cife of tbeir ReHgion *, for to bis hte'Msijeftf had 
ofteA declared himfelf id tbe ftid EarU and wifli- 
ed bim to lay bold of any Occafion for entertaining 
of any iuch Propofition $ and otherwiftr ttmn fo, 
and upon the Tertns afMe&id, and by tbat viray of 
Omfdrence and Diibonrfe only, he delivered not 
any Opinion to bis Majefty, at Kis Majefty's bei^g 
in Spam ; for the laid £arl is venr confident that 
bis Mi^efty was returned out of Spain, before any 
Propofitioti was made for the hid Marriatge, other 
than i^ wfl^ of Dtfcourfe, as aforefaid 9 the fame, 
as the raid Karl belfeveth, being firft moved aofd de- 
bated on; by way of Propofition, here in Engkfid, 
betwiitt Mr. Seaet^y Calvert and the Ambaflador 
of die King of Spain, aboot the ad of O^ober, 
1613*, *^ ^'^ ^^ Majefty, upon Relation made un* 
to Mnl by a Letter of Mr. Secretary Calvert, ap- 
pt6ftA6f the Propofition, and declared the £Kne to 
be the only Way, as he fuppofed, with Honour, to 
accomibodate thofe great Bufinefles ; and wrote to 
thai Plirt>ofe to his-Son-in-Law, the Prince Pa^^ 
tine^ by his Letters, dated the 19th of OUAer,, 1625, 
a Cbpy of which Letter, together with a Copy qf 
Mi'. Seferfetary Calverf^ Relation, the Lord Cen- 
v^\ by bis late Majefty's Comtnandmenfy fef^t 
uflto tfie? ftid ftafl ; the Tenor of which Letter, 
tii^flated out of French, is as follgweth : 

IPy ifo^ theught good, that the Way te provide 
hejl Mt tn^ Jecurelyfor your Affairu, and npt barely 
Uf^oiufi^ Hit alio to infure your Peace, /> te cut up, 
h At very Roots, that Evil which hath been fettled 
in ihi Heart cf the Emperor, by the groat Difpka- 
fiere end Enmity which he hath conceived againjf you : 
Af* /Ji^ removing and fuite extinguijhing of which, 
itfieMt^ to us no better or more povterfiil Aleans can 
bet njlidii than that a good Alliance may beprcpofid by us 
bAUbeen your eldeji Son and the Daughter of thefaid 
B^ro^x upon the Affurance we have that we Jhall 

not 



120 Tbe Tar liamintary HIST OKY 

M^^^Qatknh'Mt bi'rrfufed in this O^eriun^ ifyou^ onymrParU 
i^i^if win giwy^r Confent: \4ndfor the more Surety §/ 
the gi^d Succifs thenofy-me are determinedy bifqn 
any fiub Prepofiti&n be. made t$ the Emperor^ to inte- 
refl tie ^gy Spain with us in the Bvfinefs \ whe^ 
we tfttft^.wiulend us his helping Hand, as well fir 
the e^ffing dnd bringing pf it to a good Conclufrouy 
as in procuring likewifi^ thai if the Conditions of it 
happen that the Empergr fhould demand that your 
/ jhid^Sonk during bis Minority^ Jhmid bt brought up 
in his Court i we then tell you^ that we^, for our 
Part^ foe no Reafai why. you fiould Jliekatitis^on 
fuch Conditions as he might be tied unto; to wlt^ that 
tho'Sfiung Prince Jhould have there with him fuih a 
<iovernor as you (hall pkdfe to appoint hil^t^ Jo that 
he be no Roman Catholic 5 and that neitbef,rf>fy nor 
any of his^ Ihould be any way forced in Matters of 
their Confdence: And our Meaning is fo to order 
our Proceedings in this Treaty, that before your faid 
Son be put into the Hands of the Emperor^ we will 
have asrcleat and certain Ajfarance of an honowrabU^ 
entire^ and^nSfual Rejiitution of all wbatfoever be- 
longeth tmto.you ^ as dl/o ive will take Care to pro- 
z'ide accordingly 't as fully and exaSfly for the '4ffu* 
ranee requiftte for the Liberty of Confiience of him 
and his Dome/lids^ as/hey Jhall have done here with 
us J touching tboje which have been granted them for 
the Infanta ; and therefore feeing no Inconveniency at 
all that metf caufe your Averfinefs or Backwardnefs in 
this Bufinefs^ whic^ we, for our Parts^ think to be the 
bejly Jhorteft^ and moji honourable Way that you eon 
takey for the compaffing of the entire Refittutim^ 
and mating your Peace ever with the En^ror^ tifo 
hope your Opinion will concur with ours herein'^ and 
Jhall intreat you^ by the firjl^ to fend us your M^ 
lowance. 

* By which Letter, written after bis Majefty's 
coming out of Spain^ it appeareth unto your Lord- 
(hips, that there was no Propofition of the Marriage 
betwixt the Son of the Prince Palatine and the 
Emperor's Daughter when that Letter was written 5 

for 



Of E N G.L A N D. aai 

for herein his Majefty faith, be was determined toAiB.».c^arkiK 
intereft the King of Spain in the Bufinefe before any . ^^^^* 
. fuch Propiofition {hould be made to the Emperor : 
And it. will alfo thereby appear, what his late Ma- 
jefty's Opinion was of the Conveniency thereof, 
wh;ch he, the (aid Earl, hopeth will acquit him, if, 
by way of Difcdurfe only, he declared what he 
knew was his Majefty's Inclination ; which, with 
Honefty,' he could not have concealed. And the 
faid Earl faith, That he doth not remember what 
Anfwer Sir IValter JJlon made upon that Dif- 
courfe, which he then delivered, nor what Replies 
the faid Earl niade ; but fure he is, that whatfoever 
the faid Earl faid, or what Anfwers or Replies fo- 
ever were made, as it was by way of Difcourfe, and 
not otherwife, fo it was according to that which he 
then truly conceived to be the beft and eafieft Way to 
accommodate the Bufihefs, and to be his Majefiy's 
Pieafure, which the faid Sir Walter AJion might be 
^norant of, as he is confident he was ; and not 
out of any Difaffeflion to our Religion^ or any (i- 
nifter Refpeft or Regard to the Houfe of Aufiria^ 
as by the faid Articles is intimated ; for he did not 
conceive the breeding of the Palatine's Son with 
the Emperor, having a Governor appointed by his 
late Majefty and his Father, and he and his Do- 
meftics to have the free Ufe of their own Religion, 
to be a Matter of Impoflibiiity, or of fuch dan- 
gerous Confequence in point of Religion, as to 
imply hb Converlion; as by the Articles is inti- 
mated J well kno ATing that, in the Emperor's Court, 
all Princes there, tho' his Prifoners, and others his 
O)unfellors and Servants about his Perfon, and 
of great Command in his Armies, being avowed 
Proreftants, have the free Ufe of their Religion : 
And it is not to be fuppofed that the Son of the 
Prince Palatine^ Grand-Child to the King of Great 
5nytf///,ftiould be matched., and no Care taken to 
capitulate for the Ufe of his Religioh, it being 
ever {^ranted to the meanieft Princefe that is beftow- 
*ed f and his Majefty *s Special Care in this Point is 
full/'fcen in the faid Letter.' 

• To 



■ -.n . 



t (^ ' 



22 2 The Tarliamentairy Histort 

•4«. a^. aarlcf I. T6 thc Tenth Ai^ti0tE, wh^iD ^hc laid 
I&6. ggfj igcjjargpd 7^(? have pre/umftuou/ly kroien bis /«- 
JkfiSiX^ns^ ;« y^///^^ tf Day for the Df^onjiries iejire 
he ha4, AJfurance that a Monajtery Jhould not rop tfa 
Prince of his mfe ; and ief^e a full Conciufton 
was ha4^ of the other Treaty of the Palatinate toge* 
ther v/itb that of the Marriage, the fame being fufm 
pofed to be dme cgntrary to the Prince* s Command" 
menty by « Letter from Segovia and fever at Letters 
from Hi ia(e Majejfy^ tying him to the fame Re^ 
Jl anions i VW. '^^^ ^*^ f^^^ Bar I bimfelf had fi 
confejidy with Pronrife ofubedlence thereunto : And, 
by Wfiy of Aggravation, is further charged, That 
he had fet fo Jbort a Day for the faid Dtfponfmis^ 
tbat^ JU^tthoiit extraordinary Diligence^ the Prinxe 
migh Hve been bound, yet neither [tire of <? ^PJfir, 
nor ihe Prince F^himejf any Refiittttion^ nor any 
^[Jurance given of the Temporal Articles^ b^ fiiilb, 
* * That by comparing the above Article, of his ipo 
much Forwardneis, with the Sewid^ wh^r^by he 
is cl\argecl w.^th continuing the Treaties upon Gene- 
ralitieiy without reducing them to Certainties and tff- 
re^ Concluftons^ your Lordlhips will perceive how 
iropoilible it was for him to avoid Exception : But 
for dire^ Anfwer to the prcfenl Chaige, he faith. 
That he did pot prefuniptuqufly, pqy to his yet 
|CnpwI«lge, break his Inftrudtions, npr i'^any Day 
at all for the Defj^onfories ; but was therein meerly 
paflive, in admitting the Day nominated |^y the 
King of Spaiuy according to the Capitulation loog 
before made ; nor did he prefumpmoufly, wittingly, 
or wiilinglv, difobev any Commandment or Di* 
redion of nis late A^ajefty, or his Majefty Uiat now 
is, then Prince, which he could underftand not to 
be countermanded J or, by precedent or future Ih- 
ftri^ipns, otherwife explained. 

* A n^ for the better Manifeftation of the Tnuh 
of I>is Proceedings in and concerning the £ime, be 
faith, Tha^ on the Day of the Departure of his Ma- 
jefty, then Prince, fronv the Bfcurial in Spatn^ 
his Highnefs delivered unto i^igi, m the Prelcn,ce <^ 
ti^ Commiflioners on both Sides, the Powers, with 

puUj; 



piblip Dedantion tskm in Writing by Smca. Se- ^ »• GMf%U 
cmaiy lo die King of 8pamf of the Princess rln.* ^^^ 
fure, ind how be^ tlM&idSafl,ilhouklufe them, viz^ 
Than be flioiild deliver them unto the King of 
Spaiftf upon the coming of the Diljpen&tlon cleared 
from JiftV!^/ according to that which bad been 
agre0d, which was to have been within ten l>ay$ 
ajter the coming of the iaid Difpenfation. And 
he furth^ faith, That it is true, that the Prmce 
afterwards, by his Letters, fent by one Mr. Clari^ 
commanded him, the faid Earl, noc to deliver the 
faid Powers till he (hould have received Securi^ that 
the hfanta^ after being betrothed, (hould not enter 
into any Religious Order ; and that before he pro- 
ceeded, he (hould fend unto his Majelly, then Prince, 
fuch Security as (hould be offered, that he might 
judge whether it were fufikient or not ; whereupon 
die (aid Earl, as became a faithfull Servant, prefent* 
ed unto hb late Majefty, and to bis Majefty that 
now is, then Prince^ fuch Aflurances as were of- 
Uxtdi unto him for fecuring of that Point, together 
with fuch Reafons as, he conceived, were fit to be 
ofiered to their Confiderations ; which gave unto his 
iate Majelly, and his Majefty that now is^ then 
Prince, fuch Satis&£lion, as they were nleafed to 
difpatch %. Poft prefentlv unto him, abfoiutely dif- 
charging him of that Commandment; as by their 
leveral Letters, dated the 8ch of October ^ 1623, 
will app^r ; that of his late Majefty being as fol- 
loweth : 

We have recav^d yours^ brought us by Gre&Iey, 
indihe Copy of that to mr doar Son ; and we cannot 
fnrbiar to let you know bow well we efteem the duti^ 
fiii^ dijmet andjudieious Relation and humble Advice 
to ourfiW and our Son ; whereupon having ripely de- 
hberaiea with ourjilf^ and communicated with our 
dear Son, we have rejihed^ with the Good- liking of 
our Son^tore^ upon that Security ^ in point of Doubt 
of tbelrAiX\X9Js taking a Religious Order ^ which ycu^ . 
>« your Judgment i Jhall think meet. 

** And that other Letter of his Majefty that now 
i^ then. Brines, as follbwelh, viz. 

Your 



aa4 TblSiT^rUar^ntUryilisrotiY 

Abii^diarkil. -Tour iMUts td tbiiKiHgi^hd me^' anceming the 
»*^- Iku^^ I made \after I cams /rm St. Laureoce, biab 
f9 fathfid Hs both^ that, we iinnk itfitnff longer u 
JUckn^m it\ hut leave it to your Difcr^hn what 
Smuty you Jhall think fuffiiient. • . -. 

: f- lieroby, the faid Earl was abfolutcly freed from 
thatCcmmandment} and being to freed thereof^ he 
then remaned under the Order which his Majefty, 
then Prince, had left with him at his Departure; 
which was to proceed according to the Capitula- 
tions, and his Highnefe's Declaration when he de- 
li verwl: the faid Powers unto him ; and fo ht in- 
tpnde^ to have done, till j by his Highnefe's Decla- 
ration, of the 13th of November^ 1623, he was 
direftly comjnanded the contrary 5 which Com- 
mandment he readily and punftually obeyed : And 
for fuch his Intention, till he was fo countermanded, 
he conceived he had ndt only fofficient Warrant, but 
had highly blBFended if he had done otherwife: For, 

iji, * For his Proceeding to confummate the 
Match, he had Warrant ^nd Inftrudlion under his 
late Majefty's Haiidi. . . 
' 2^^, ' It was the main Scope of his Ambaflage. 

3^^, * He was enjoin'd to ihit by the King and 
Prince's Commiflion, under iheir Great Seals. 

4/^^, * He had pofmve Orders, under bis late 
Majefty's Hand, by Leitcir.fince. 

^thly, y It was agreed, by Capitulation, that it 
(hould be within ten Days after the coming of the 
Difpenfation. 

ethly^ * His late Majeftjr, and hfs Majefty that 
now is, then Prince, iignified unto him by theiri 
Letters, at the fame Time when they difcharged 
him of his Commandment, touching the Infanta*^ 
entering into a Rellcious Order, that they intended 
to proceed in the Marriage, as by his Majefty's< 
Letter of the Sih of OMsr^ '623, will appean - 

ytMyt * The Powers were to that End left in hiS: 
Hand, and renewed again after his Majefty's Re- 
turn into £/7^/!?«rf. < ; , ■ 

' 2th/yt * He had overthrown the Marriage wiiji- 
out Order ; for altho' Sir IFalter Jfton and him-^ 

fdf 



Of E N G LA N a %%s 

felf ufed all poffible Mean3 for the gaining of Tinie, An. i. Charinfi 
and deferring of the Defpooforics, yet the Kbg of '••^ 
Spmn caufed it formaHy to be protefled, That in 
cafe tiie faid Earl (hould infift upon Jthc deferring of 
.the Defponforics, he would hold hlmfdf freed from 
the Treaty by the faid Earl's infringing of the Ca- 
pitulation. And, in Truth, altho' the King of 
Spain fhould have cond^fcended to have prorogued 
the Defponfories untill one of the Days of Chrift- 
mas^ a$ by the Letter (which b by this Article ac- 
knowledged to1)e miftaken) was required, yet the 
Prince's Powers had before that Time been expired. 

gtbly^ * Hedufft not, without a precife Warrant, 
put fuch a Scorn upon fo Noble a Lady, whom he 
then conceived likely to be the Prince's Wife, as 
to nominate 9 Day for the Marriage when the 
Powers were out of Date. 

XQthfy^ * He wasTiimfelf fworn to the Treaty. 

i'^ftb% * He could not, in Honour and Honefty ^ 
but endeavour to perform that Truft repofed in 
hun, when the Powers weredepofited in his Hands, 
with public and legal Declaration, taken into an 
Inftrqment by the Secretary of State to the King 
of Spain^ leading and diredling the Ufe of them j 
for the fame bemg then Jnftrumentum fitpuhtum^ 
as well the King of ^ain was interefted by the Ac- 
ceptance of the Subftitution, as the Prince by the 
granting of the Powers, and he could not in Honefty 
i&Jl that public Tiuft, without clear and undoubt- 
ed 'Warrant ; which, as (jbon as he had, he obeyed : 
So, the Cafe Handing thus, the faid Earl is very 
confident, that the fuppofed Countermands, or Di- 
rcftionsof Reftriftion, when they fhall be perufed 
and confidered of, will appear to have been a very 
"flcnder and infufficient Warrant againft the afore- 
jajd Orders and Reafons, herein before fpecifiea : 
Ajid is alfo as confident, that what is aflumed out 
bf the faid Earl's Difpatches, will alfo appear to be fo 
imderftood j and that if he had proceeded to the 
"Execution of the Defponfories, before he received 
Aieft and expreis Comifnandment to the contrary ,^ 
'■ 'Vol. VII, P by 



2i6 The Parliamentary Hi s T o r t 

An.2.charicjri.by the aforefeW Letter of the 13th of November ^ 
iM' 1623, which he readily and punftually obeyed, he 
had noU under Favour, broken his Inftruftions, nqr 
deferred any Blame for lack of Affurance of Refu- 
tation of the Palatinatey or temporal Articles : And 
firft, of the Palatinate^ his Majefty did not fend 
unto the faid Earl expreis Diredion not to difpatch 
the Defponfories untill a full Concluiion be had of 
the other Treaty of the Palatinate^ together with 
that of the Marriage, as by the faid Article is al- 
ledged ; only his late Majefty j by the aforefaid* Let- 
ters of the 8 th of OSiober^ required the faid Earl fo to 
endeavour, that his Majefty might have the Joy of 
both at Chriftmas \ whereas his Inltruftions of the 
I ^ih of Mqrch^ ,1621, were exprefs, that he (hould 
not make the 3ufinefs of the Palatinate a Condition 
of the Marriage ; and his late Majefty*s Letters, of the 
30th of Decmher^ 1623, were fully to the fame 
Eflfed : Yet did the faid Earl, according to what 
was intimated by the faid Letters. of the 8th of 
O^ober ^io carefully provide therein, that before 
the Powers were to have been executed he had an 
abfolute Anfwer in the Bulinefs of the Palatinate, 
that the fame fhould be really reftored, according to 
his late Majefty's Defire ; and the Conde DVS- 
vareSy both in his Mailer's Name and his own, 
defired the faid Earl and Sir Walter AJion^ that they 
would aflure his Majefty of the real Performance 
thereof; and inireated them, if Need were, they 
Ihould engage their Honours and Lives for it, as 
by their joint Difpatch, of the 23d of November ^ 
1623, will appear ; and fo much the faid Sir Wal- 
ter AJion and the faid Earl agreed fhould be deliver? 
ed unto them in Writing before they would have 
delivered the Powers, and fo the faid Earl declared 
it ; the which Anfwer in Writing (hould have been 
the fame, which fince was given them of the 8th 
of January^ 1623: And both the faid ^\x Walter 
4flon, and the faid Earl were fo confident therein, 
as they, by their faid Letters of the 23d of Novem* 
tery wrote to his late Majefty as followeth, vi%. , 

73^ 



0/ E N G L A N D. 227 

That his Majejly mighty according to Us De/irt^'*'^^^^^h 
ftgntfied to them^ hy his Letters of the ith ^Oflober, *^^ ' 
give^ as well to bis Majeftys Daughter^ that Chrift- 
mas, the comfortable News of the near expiring of her 
great Troubles and St^eringSy as to his Son, the 
Prince, the Congratulation cf being married to a moji 
worthy and excellent Primefs. 

*' By which it will evidently appear, he meant 
not to leave the Bufinefs of the Palatinate loofe 
when he intended to proceed to the Marriage: 
But he confefleth he was ever of Opinion, the beft 
Pawn and AiTurance his late Majefty could have of 
the real Proceedings in the iaid Bufinefs of the Pc' 
latinatCy was, that they proceeded really to the ef- 
fecting of the Match : And of the fame Opinion 
was his late Majelly alfo, and the Lords Commif- 
iioners here in England^ as appeareth by his Inilruc- 
tions, dated the 14th oi March^ 1621 ; which 
Opinion llill continued in them, as appeareth by 
bis late Majefty's Letters of the 7th oi January^ 
1622. 

* Concerning the Temporal Articles, the faid Earl 
(iaith, When the Defponfories were formerly ap-- 
pointed to have been, as he remembreth, on Friday 
the 9th of Auguft, before the Departure of his Ma- 
jefty, then Prince, (which was only hindered by 
the not coming of the Difpenfation) the Prince 
appointed him and Sir Walter /(/Ion to meet with 
the Spanifl} Commiffioners ; and they drew up the 
Heads ot the Temporal Articles, wherewith the 
Prince and Duke of Buckingham were acquainted ; 
and in cafe the Difpenfation had come, and the De- 
fponfories been performed on that Day, there had 
then no other Provifion been made for them before 
the Marriage ; but prefently upon the Prince's De- 
parture, he, the faid Earl, caufed them to be drawn 
into Form, and fent them to his late Majefty, the 
24th of September, 1623, defiring to underftand his 
Majefty's Pleafure with all Speed, cfpecially if he 
difapproved any Thing in them ; but never recei- 
ved-Notice of any Diflike thereof untill the afore- 

P 2 laid 



laS Thei.P arliamentary History 

Ah.2.charl&t. fj^icl Letters of the 1 5th of November, 162^^ which 
i54«.* put off l&e Dcfponlbries. So it appeareth the faid 
Earl was io far from breaking his Inftrudlions, or 
from having any Intention to have proceeded to 
the Execution ot the DefjX)nfories, before his Ma- 
j^fty and the Prince wete fatisfied in the point of 
the Infanta's entering into ReHgion ; or before con- 
venient Aflijrance as well ot the Reftitution t)f 
the Pala$inate^ as for Perfornoante of the Tempo- 
ral Articles, that he deferved, as he conceivctb, 
(tinder FavourJ no Blame, fo much as in Intention ; 
but if he had erred in Intention only, as he did not, 
and the fame never reduced into Ad, the Fault, as 
he conceiveih, w^as removed by his Obedience be- 
fore the Intention was put in Execution \ for fo it 
is in Cafes towards God himfelf. 

And as to the Matter of Aggravation againfthim, 
That be appointed f) Jhort a Day for the Defponfo- 
ries^ as that^ without extraordnary Diigence^ the 
Prince had been bound : He thereto faith as before, 
Tliat he fet no Day thereto at all, nor could defer it 
after the Difpenlation came from Rome^ without a 
diredb Bre?.ch of the March* fo long laboured in, 
and^fo much defired •, yet he and Sir Walter AJlon 
ufed all pollible Induftry to difcover how the Mo- 
tion of deferring the Match would be taken j and 
finding an abfolute Refolution in the King of 
Spain to proceed punftually in requiring the Powers, 
according ro the Capitulations, within ten Days af- 
ter the coming of the Difpenfation ; and at that 
"rime alfo getting Advertiiement from Rome^ that 
the Difpenfation was granted, and would prefenlly 
be there : He, the faid Earl, to the end that, in fo 
great a Cafe, he might have a clear and undoubted 
Underftanding of his late Majcfty's Pleafure, fcnt 
aDifpatch, of the ifl: of November^ with all Dili- 
gence to the King; kiting his Majefty know that 
It would not be pofliblc for him to protraft the Mar- 
riage above twenty- four Days, unlcfs hefhould ha- 
:?ard the breaking of it, for which he had no War- 
Mnt :; but that this was no new Refolution, nor the 
■•■: King 



0/ E N G L A N 5. aap 

King fo (traitened in Timet as by the faid Article Aiu%.etudt»h 
is pretended, wi!l appear by the faid Earl's Difpaich '**•• 
of the a4th of September^ 1623; in which, upon the 
Scruple that was then made of the hfants^ entering 
into Religion, he wrote to the fame Effect, viz. 

That if the Difpinfanon Jhould tome, he knew no 
Means now to detain the Powers abwe 24, Ek^s. 

* So that altho' that DiflSculty happened not un-^ 
till about the Middle of November^ 1633, yet if 
wasforefeen that it muftof Neceflity happen when- 
foever the Difpenfation fhould come; and there 
was Warning of two Months Time given thereof, 
viz. from the 24th oi September to the 29th of A^^-. 
vemher ; which was the Time appointed for the 
Defponfories : So he humbly fubmitteth himfelf to 
your Lordfhips which of the two Waya waa the 
fafer and moft dutiful for him to take ; whether, 
upon Inferences and Conjeftures, to have over^ 
thrown fo great a Bafinefs ; or, on the other Side, 
firft to have prefented to his Majefty, with Truth 
and Sincerity, as he did, the true State of his Af- 
fairs, with his humble Opinion therein \ with an 
Intention, if his Majefty fhould refolve to break 
the Match, that, for the (aid Earl's honcft Difcharge , 
of the public Truft repofed in him, when the 
Powers were depofited in his Hands, and for his 
fufficient Warrant in fo great a Caufe, his Majefty 
would be gracioufly pleafed to give him clear and 
tJxprefs Orders, which he then had not ; and, ia 
the Interim, whilft his Majefty might take into 
Confideration the great Inconveniences that might 
enfue, the find Inconveniences might be fufpended ; 
^tA the Bufinefs kept upon fair Terms, that his 
Majefty might have his Way and Choice clear and 
tinfoiled before him : And as for the evil Confe- 
quences which are pretended would have followed, 
if the faid Earl had proceeded to the Confumma- 
lloii of the Match before he had exprefs Warrant 
to the contrary, he muft, and doth confefs, he then 
linderftood the clean contrary ; for he fuppofed that 
his Majefty (hould fpeedily have feen the Marriage 
{v^^hich he had io long fought) effected, and the 

^ 3 Prince 



13^ TbeTarliamentaryHisroKY 

M*%' Charid I. Prince fliould have a worthy Lady whom he loved ; 
■^^' that the Portfon was much greater than was ever gi- 
ven in Money in Chrijlendom ; and that the Kingjof 
Spain had engaged himfelf for the Reftitution of the 
Palatinate ; for which the faid Earl conceived a 
Daughter of Spain and two Millions had been no 
ill Pawn, befides divers other Additions of Advan- 
tage to the Crown of England: Whereas, on the 
contrary Side, he forefaw the Prince would be kept 
at leaft a Year longer unmarried, a Thing which 
highly concerneth thefe Kingdoms ; he doubted that 
the Recovery of the Palatinate from the Emperor 
and Duke of Bavaria^ by Force, would prove of 
great Difficulty; and that Chrijlendom was like to 
fall in a general Combuftion j fo defiring that his 
Majefty (hould have obtained his Ends, and have 
had the Honour and Happinefs not only to have 
given Peace, Plenty, and Increafe to his own Sub- 
jedls and Crowns ; but to have compounded the 
greateft DiflFerences that had been ihefe many Yeara 
in Chrijlendom \ and, by his Piety and Wifdom,to 
have prevented the fhedding of to much Chriftjan 
£]ood, as he feared would enfue, if thefe Bufineiles 
.were difordered. 

* Thefe Reafons, he confefleth, and his Zeal 
unto his Majefty's Service, made him fo earneftly 
dcfire the efFefting of this Bufinefs : And he cannot 
but think himfelf an unfortunate Man, that his 
Majefty's Affairs being fo near the fettling to his 
Majefty's Content, as he conceived they were, and 
hoping to have been to his Matter not only a faith* 
ful but a fuccefsful Servant, to fee the whole State 
of AfFairs turned upGde down, without any the 
leaft Fault of his ; and yet he the only Miniftei^ 
on the Englifi) or Spanijh Side, that remaineth un- 
der Difgrace/ 

Ti/A^ Eleventh Article the faid Earl faith 

* That the faid Article is grounded upon a Pe- 
tition, preferred by him to this Moft Honourable 
Houfe, fuppoled to be fcandalous; which your 
Lordfhip?, as he conceiveth, according to the Cu- 

ftoni 



Of E N G LAND. 231 

itonrand Privileges of the Houfe of Pters, would Ao.a.Chirieri. 
have been pleafed firft to have adjudged fo to have >*»<•' 
been, either for Matter appearing in iifelf, or upon 
hearing of the faid Earl i for if the Matter appear- 
ing in the Petition itfelf be not excepted unto, it 
cannot, as he conceiveth, by collateral Averment, 
be taken for a Scandal, till it be examined and found 
falfe : Bur, for a plain and Axxtd Anfwer thereunto, 
he faith, That the faid Petition doth not warrant 
any fuch Inference, as by the faid Article is enfor* 
ced ; and that he hopeth to juftifv the Contents of 
his faid Petition in fuch fort as (nail not difpleafe 
his Majefty, nor deferve that Expreffion which is 
ufed in the Charge ; but, contrarily, what be hath 
faid, or fhall fay therein, in his Defence, Ihall, in 
all Things, tend to the Honour and Service of his 
Moft Royal Majefty, by reducing unto his Memory 
divers Circumftances, and laying before him the 
Paflages of divers Particulars, which, by undue 
Praftices, have been either concealed from his Ma- 
jefty, or mif- related unto him. 

^ Having thus offered unto this High and Ho- 
nourable Court fuch Proofs and Reafons as, he 
hopeth, (hall, in your Lordfhips Wifdom and Ju- 
ftice, clearly acquit him of any capital Crime, or 
wilful Offence : If it (hall appear that, out of Er- 
ror of Judgment, too much Fervency of Zeal to 
his Majefty's Service, or Ignorance in the Laws, 
wherewith he hath not been able to be fo well ac- 
quainted as he ought, by reafon of his foreign 
l&mployments for the Space of 14 Years, or by 
any other Ways or Means he hath fallen into the 
Danger of the Laws, for any Thing pardoned in 
the general Pardon made in the Parliament held at 
Wejlmin fiery in the 21ft Year of the Reign of our 
late Sovereign Lord King Jamei of England^ of 
bielTed Memory, he humbly pra^eth Allowance 
of the faid Pardon, and the Benefit thereof; with ^is 
Claufe,Thathedothandwillapprovethat he is none 
of the Pcrfons excepted out of the fame : And tho" 
he is very confident that he (hall not need the Help of 

any 



!i3 a 7he Tarlianwntafy Hi STon y 

Aa.*.ciuirlciLany Pardon* having received feveral Significatiqii% 
96a|* aswellfrpib his Majefty's own Mouth, that he 
had never offended his Majefty, as lately by feyeral 
Letters from the Lord Conway ^ that he might reft 
in the Security he was and fit flili, and (hould not 
be further queftioned ; yet he hopeth your Lord- 
(hips will find him fo free from Blame, that he 
fliall need no Pardon ; but that he hath ferved his 
late Majefty, of blcfled Memory, and his moft 

tracious Sovereign that now is, with Fidelityi 
/are, and Induftry ; and that your Lordfliips will 
take fuch Courfe, as you, in your Wifdom?, (hall 
think fit, not only for the upholding of the Honour 
and Reputation of a Peer of this Realm, after fo 
many Employments, but will likewife become 
bumble and earneft Suitors to his Majefty on Us 
Behalfj (which he humbly prayeih) that he may 
be reftored to his Majefty's gracious Favour ; which, 
above.all worldly Things, he njioft defireih/ 

The Earl of Brijloh Anfwer. being ended, thiJ 
Lord Keeper demanded of him if he had any thing 
more to fay. 

* Whereupon the fearl C9mplaining of th^ Ine-r 

quality between himfelf and the Duke of Bucking" 

bain, and that, by reafon of his Reftraint he was 

difabled from proceeding againft the Duke, and 

that his Counfel was dilheartned to give him their 

free Advice; he earneftly urged their Lordihiptf 

Promife to make them boih equal ; and faid, That 

his Counfel informed him there was no Treafon ia 

all the Charge againft him, fave, only, what cafflB 

near a Stature touching Religion, which he hum- 

ThcEarlofBri-bly fubmitted to the Houfe: And befought their 

iSldf[rd«h«Lordfhips to take fome Courfe, by the Refolution 

whether hii Cafe of the Judges, or otherwife as they ftiould pleafe^ 

be Treafon or that it may be declared whether his Cafe be Trea- 

ftot, &c. fQj^ Qj. jj^j^ before he be fvrriher proceeded with : 

Likewife, that he might have Liberty to examine 

his Witnefles, and that Mr. Attorney might not 

take hold of any Matter of Form or Legality to 

hi§ Prqu^ce.' ' 

To 



Of B. N G L A KD, ^^^ 

To this Mr. Attorney replied. That he would Aii;i.cfateiM ft 
not, but only infift upon the Matter of the Charge 9 iMii 
and defired, as the Earl had done, that the Houfe 
would direft the Courfc how the Witnefles might 
be examined, and the Manner of his further Pro- 
ceeding againft the faid Earl. 

The Earl being withdrawn, the Houfe agreed to 
give his Counfel Encouragement for their A-ee and 
faithful Advice to him ; and.it was further ordered 
that the iaid Earl of Brijlol fhould have Liberty to 
go abroad in the Cuftody of Mr. Maxwell the 
Uiher, to take the Air for his Health's fake; which 
was granted at his humble Requeft. The Earl be- 
ing called in ngain was made acquainted with this 
Order, as the King's o,wn Confent (tn)^ for which 
he returned his Majefty and their Lordfhips his moft 
humble Thanks. 

To go back once more to the Commons : — They 
proceeded for feveral Days, after the laft mention* 
ed Affair,, in reading Bills, and doing other com- 
mon Bufinefs of Parliament. But, in one of 
thefe Days Debates, Mr. More^ a Member^ drop- 
TCd fome Words, which were reprefented to the 
Kling, and, by him, back again to the Houfe : On 
which a Committee was appointed to examine in- 
to the Matter ; and, June the 3d, a Report was 
i|iade, from thence, of the Words fpoken by Mr. 
More^ That we were born free^ and mufi continue 
fre€^ if the King would keep his JSngdom : Or 
Words to that Effed. And, in the lame Difcourfe^ 
upon Suppolition what a Tyrant may do or not 
dO) within this Kingdom, he added thefe Words ; 
Js Thanks be to God, we 6avi no Ouafton^ we hav- 
ing ajujl and pious King* Mr. More was heard to 
explain himfelf and then withdrew. But tho' the 
Journals fay that Mr. Mor$ was cleared of any ill 
Intentions, in fpeaking thefe Words, by all whoThcCommow 
/pake in his Favour, which were many ; yet, on commit a Mem- 
the Queftion, Mr. More was ferttenced to the^'^f"!^*^"* 
Tufwir^ and the Speaker pronounced it accordingly. ^ *** ' 

(m) Sec before, P. 29, 180, 



234 Threat Itamentary Hi s Toii r 

Aii.ft.chArktl. But, four Days after, the King was picafed to fend 
*f^ a Meflage to the Houfe> That he would remit b» 
J^uK*!*!^** further Puni(hment. On which he was ordered to 
bylu.Mqefty. ^e enlarged. 

' About this Time a Call of the Houfe of Com- 
mons was made with great Striflnefs ; and the al>- 

fent Members ordered to be taken into Cuftody; 

hf a^ST' ^ Penalty of 10 1. was laid upon any Member that 
upon abfent did not appear at the Call, and yet abfents bimfelf 
Monbcrt. from the Service of the Houfe, without aflcing 
Leave. 

June the sth, after regulating fome AfFairs re- 
lating to an intended Conference with the Lords ; 
. and ordering a Committee to confider of Heads for 
framing a Declaration to his Majefty ; Mr. Her- 
bert made a Report from another Committee, That 
it appeared to them this Houfe had juft Caufe of 
Complaint, on the Eledlion of the Duke of Buck- 
Lrtter^ R* ._/w^Atf/7T to be Chancellor of the Univerfity of Cam- 
««.n4i t^f Ki.S!iI bridge ; and do think fit, that a Letter fhould be 
verfity of Cam- written to the Corporation of that Univerfity, to 
^^e^Ddw of^^S^'^y that Diflike ; and to require them to fend 
B^ldtingham iox^^^^ ^ ^^^^ ^^X >nftru£led and authorized to 
tlieirChiocdlor. inform and give Account to this Houfe, of the 
Manner of their Proceeding in the faid Elec- 
tion, fcTr. 

The Colle^or acquaints us, * That great Intereft 
was niadc by the Court to carry this Point ; and 
that feveral Letters were pretended to be fent, by 
the King himfelf, in order to difcourage all Oppo- 
fers. But, notwithftanding that the Heads of 
Houfes and the Dodors were almoft unanimoufly 
in the Duke's Intereft ; yet a ftrong Party was for- 
med againft him, amongft the Juniors ; and, at 
the Elc^ion, he carried it by only five Voices ; 
the Numbers being, for the Duke 108, and 103 
for the Earl of Berk/hire ; befides that two of the 
y. ., , Duke's were void by Statute, as being given to the 
; -• Vice- Chancellor by Compromife, to difpofe of as 

he (hould think fit/ 

Tbe-Difguft of the Commons againft the Uni- 
verfity was, that they fhould pretend to chufe a 

Man, 



0/ E N G L A N D. 23s 

Man* who then ftood impeachod by thein^ for fe- Aa.s. ciitrleif. 
veral high Crimes and Mifdemeanors. According- ***^- 
ly, the Opinion of the Committee for writing a 
Letter to Cambridge^ £sfr. was readily complied 
with, and ordered to be done, by the whole Houfe. 
But, June the 6th, when the Letter was read by 
Mr. rymme and approved on, the Chancellor of 
the Exchequer, Sir ^/VAtfri0^5/?tf/i, told the Houfe, 

• That the King,being acquainted with their Inten- 
' tion, had commanded him to fignify his Pleafure 

* to them, that they forbear to fend the Letter.* 
Further Confideration of this Meflage was deferred 
to the next Day. And, Jum the 7th, the Houfe, 
in a grand Committee, agreed upon the following 
Anfwer to it. 

THAT they do acknowledge they were 
about to write to the Univerlity, becaufe 
that the very Eledtion itfelf, whereby the Uni- 
verfity is committed to the Government of one 
that is charged, and publickly complained of by 
the Commons in Parliament, whereof the Elec- 
tors are a Part, is, in itfelf, a very great Grie- 
vance, and prejudicial in Example 5 whereof they 
have Reafon to be the more fenfible, becaufe they 
are informed, that in the Manner of the Eleftion 
there were many Paflages likewife done in Con- 
tempt of the Houfe : And do humbly befeech his 
Majefty to believe, That neither in this, nor any 
other Thing, this Houfe did or ftiall intend to 
enlarge their own Power and Jurifdidtion, to the 
Diminution of his Majefty's Right or Preroga- 
tive/. 

Whereunto his Majefty replyed by the faid Sir 
Rkhard Wefton. 

rHAT the Univerftty of Cambridge and ^// which the Kioj 
Cfrporations derive their Right and Privi- refetits. 
Udge from him ; and that he hath Reajon to.ejleem 
the Univerfities above any other ^ and is refolved to de- 
find them againji any, which e'ther wlfully^ or by 
cbanee^ Jhall go about to infringe their Liberties. 



2^6 The Tarliamentary Histort 

Aa.ft«ciiacletl. Concerning the Ele^ion itfeify Us Majefty isfarfm 

^ • • conceiving it a Grievance \ for he never ieard tbet 

Crimes o^e^eJ^ were to be taken as proved ; or^ that 

a Man Jhould hfe his Fame or good Opinion in the 

Worlds upon an Accufation only. 

But whereas you fay in the Manner of Carriap 
of the Eleffion^ there were many Pajfages done in it 
to the Contempt of the Houfe : His Myefty is wd 
plea fed that you enquire and punijh the Offender s^ if 
there be any that have mifbehaved themfelves in that 
RefpeeU But for the Election itfelf, or the Form (f 
ity his Mqjejly doth avow his firjl Mejfage. 

It is probable, that the Houfe was in fome Mea- 
fure fdtisfied by the King's Reply, or fcemcd to be 
fo; for tho^ it was referred to a farther Confidera- 
tion, yet it was fo, from Time to Time, till we 
hear ho more of it : Their Attention being taken 
off from this by higher Matters. 

"June the 8th, the Duke of Buckingham gave iii 
his Anfwer to the Houfe of Lords, concerning the 
Articles of his Impeachment. But before he deli- 
vered it, be made the following Speech (n) : 

My Lords^ 

IN a Caufe of Preflure, confidered by itfelf, I 
have a fair Beginning ; as it is a Debt due to 
your Lordfhips for this noble Favour in leaving 
it to my Choice, whether I would anfwer to every 
Particular in the Aggravation, or not. 

* I may, without leflening any Obiigatbs, la/t 
' [The Favour is of greater Extent than at firjl mdy 

* be imagined \ for what is my Caufe now may be 

* yoursl or your Pofterities hereafter. 

* I have in a Manner tied myfelf [onfy^ to mv 

* Charge, hoping, if I give your Lordmips Saiw- 
' faftion in that, the Aggravations ^ill fall.cf 

* themfdves. 

{n) From tke tardi jMrnak, The Omiffiom and Vtriitidfli 1i^ 
the Doke'a Speech, in Rmjbwvrth, ire ^ftingntfliM in Crotchctl, « 
befeie. 



The Duke of . 
6uckii'gham*s 
Spcfch upon pre* 
ienting his An- 
fwer to the Com- 
floons Imoeadw 

ft 

ment. 



p/ E N G LA N D. i^y 

^ I could not well have followed the Aggrava-Ao.i. Charles i. 
tions, being compofed of Words, which, I hope, '***• 
my Adlions have not deferved $ and I axn fure 
iny Ears have not been acquainted witbt without 
fome Diftradion of Spirit ; yet I have left no- 
thing of them unanfwered that is material. 
^ I have ufed as much Speed to come tq my An- 
fwer ai conveniently I could, without Prejudice 
to my Caufe, hav ng {already had] my Reputa- 
tion too long upon the Stage; and had your 
Lordftips called for it fooner, I had been as rea- 
dy, as now I am defirous, to detain your Lord- 
(hips as little as may be, with the Expedation of 
my Particular, from weightier Bufinels. 

* I was alfo grieved that my Bufinefs fliould be 
the Caufe of the Lofs of this Year for foreign 
Attempts, and the Hinderance of thofe Refolu- 
tions that would have comforted our Friends 
abroad, and fecured ourielves at home : But, in 
this, my Lords, I am fure, you will eafily acquit 
roc in your Thoughts. 

* When I look upon my Charge in general, as the 
Commons did,without fearching into the Integrity 
of my own Heart and Adlions, which arc yet un- 
known to moft of them, I wonder not fo much 
at their Proceedings, the Particulars not being vo- 
ted againit me unanimouily ; but had they taken 
the Means to have been better and more truly 
informed of the Particulars, or had given me 
Caufe to have informed them, I afliire myfelC 
they had not troubled your Lordfhips with this 
.Charge. 

* I confefs there hath been that Conteftation in 
.the Houfe of Cbmmons concerning my. Juftifi- 

cation, that I cannot but acknowledge much Fa-^ 

vour there from many ; and if the Actions of 
;ibme others of that Houfe do not [maie tbenf\ 

conclude me of a worfe Difpofition than I (hall 

: hereafter be founds there is none but may fay 

with; roe, ./ am at Piace with all. 
. •*. I &allonly,.for the4)cefent, apply rayfclf to the 
f rgleadBg my JReputatkov and^ for the-future, to 
i\ I • * thofe 



23 8 7h$ Parliamentary Hi s tor r 

An.» Charles I. * tbofc Aflions and Endeavours which may repof- 
j6»6. ( fgfg jng Qf ^haj I ha ye accounted one of my great- 

* eft Lofles, their good Opinions. 

* I would not fpeak nor profefs this before your 

* Lordfliips, if Reafon and my own Difpofition 

* did not warrant the Performance of it. 

* For, firft, whoaccufed mef Common Fame. 

* Who gave me up to your Lordfliips? TheHoufc 

* of Commons 

* The one is too fubtle a Body, if a Body ; the 
« other too great for me to conteft with : And I 

* am confident, when my Caufe fhall be tried, nei- 

* iher the one or che other, or Part of either, will 

* be found to \have any Ground to\ be my Enemy. 

* But as Fame is fubtle, fo it is often, and efpecial- 

* ly in Accufations, falfe ; therefore tho' the Houfe 

* of Commons have not \willingly\ wronged me ' 

* Yet I am confident it will at length be found, 

* that common Fame hath abufed both them and 

* me. 

* I prefume the Houfe of Commons have pro- 

* ceeded againft me, out of an hearty and zealous 

* AflfeSion, to do their King and Country Service % 
' and, I hope, out of Chriftian Charity, to punifh 

* or amend my Faults, (if Fame could have pro- 

* ved them) and not to \Tuin\ my Reputation, or 
^ « deftroy my Fortune. 1 fliall never call fuchPro- 

' ceedings wrong, which, feeking to cure my Er-* 
y * rors, give me Opportunity to clear and publifh 
« my Innocency. 

* For the State irfelf, I have a little to fay, it is 

* but a little : I will not abufe your Lordfliips Pa- 

* liencc. I was born arid bred in it, I owe it my 

* [li/y. 1 have been raifed to Honours and For- 

* tunes in it, I freely confefs, beyond my Mertt^. 

* What I wanted in Sufficiency and Experience 
> for the Service of it, 1 have endeavoured to fup- 

* ply-by Care and Induftry. 

« Could there be the leaft Alienation hereafter of 

* my Heart from the Service of the State, for any 
« Thing that hath paft, I fhould be the uognlte- 
' fulleft^Man living.-^-Sbould bi|t fuch a Thouj^t 

* ftaia 



Of ENGLAND. aap 

* ftain my Heart, I (hould be content it were letAii.».chirleii. 
' * blood.— If my Pofterity (hould not inherit the * i6s6. 

^ fame Fidelity, I (hould define an Invertion in the 
^ ' Courfe of Nature, and be glad to fee them earthed 
' * before me- 

' My Anfwer to the fcveral Points of my 

* Charge, I ihall crave Leave to deliver brfcfly [in 
^ Writing]^ and in Form of Law ; but as naked as 

* Truth loves to be : And fo 1 leave myfelf and 

* my Caufe to your Lordlhips Juftice.* 

Then his Grace prefented his Anfwer, and gave 
the fame to the Lord Keeper, and his Lordfhip 
to the Clerk, which fbllpweih in hac Verba : 

T^he Humble Answer and Flea of George 
Duke of Buckingham, to the Declaration 
and Impeachment made agdnfl him^ before 
four LordJhipSy by the Commons houfe of Par* 
Uament, 

THE faid Duke of Buckingham being accufed^ 
and fought to be impeached before your 
Lordlhips, of the many Mifdemeanors, Mifprifions, 
Offences, and Crimes, wherewith he is charged by 
the Commons Houfe of Parliament, and which are 
comprifed in the Articles preferred againll him ; and 
were aggravated by thofe, whofe Service was ufed 
by that Houfe in the Delivery of them ; doth find 
in himfelf an inexpreflible PrefTure of deep and 
"hearty Sorrow, that fo great and fo worthy a Body 
(hould hold him fufpeded of thofe Things which 
are objeOed againft him : Whereas, had that Ho- 
nourable Houfe firft known the very Truth of thofe 
Particulars, whereof they had not there the Means 
to be ri^lly informed j he is well aflured, in their 
own true Judgments, they would have fprborn to 
have charged him therewith. 

* But the Integrity of his own Heart and Con- 
kuence, .being the moft able and moft impartial 

Wit* 



a40 TbeTarlismenfaryIiiSTOM.J 

4^ ft.O«r>»L Witnebj not 2ccufing him of the Icaft Tfaon^ of 

^^^' Difloyalty to his Sovereign, or to his Coantiy, dodi 

raife bis Spiriis again to make bis juft Defeaoch^ 

fot€ your Lorclhips ; of wbofe Wiidom, Jalkt^ 

and Honour he is fo well afiured, that be doth with 
Cdnfidence, and yet wkh alt Hurablenc6, liAout 
bimfelf and bis Caufe \o ycur Exsmnsanois and 
JudgfDents ; before whom be lhall, with all Since- 
nty and Clearnefs, unfoid and lay open thr Seems 
cf his own Actions, and of his Heart ; acd, in hs 
Anfwcr, (hall not affirm the lecft lubfUoria], and, 
as rear as he can, !he 'eaft circumltaniial Point, 
which he do:h not believe he fhall clearly prove be- 
fore your Lordfhips. 

* The Charge confifteth of thirteen feveral Ar- 
ticles, whereunto the Duke, laving to bimielf the 
ufual Benefit of not being prejudiced by any Words, 
or want of Form, in bis Anfwer ; but that be may 
bt admitted to make further Explanation and Froof, 
as there (hall beOccafion ; and faving w himfidf all 
Privileges and Rights belonging to him as cmrc of 
the Peers of tliij Realm, do'.h make thcfe feveral aiui 
diftitid Anlvvers following, in the lame Order tb^ 
are laid down unto him/ 

To the First Article, which concerneibihi 
Plurality $f Ofiices ivhicb be boldeth^ he anfwereth 
thus, 

* That it is true that he holdeth thofe feveral 
Places and Offices, which are enumerated in Ac 
Preamble of hb Charge, whereof only three are wor- 
thy the Name of Offices, viz. the Admiralty, the 
Wardenlhip of ihe Cinque- Ports, and Mafterfhip 
of the Horfe ^ the others are rather titulary and Ad- 
ditions of Honour : For thefe Offices be humbbC 
and freely acknowledgeth the Bounty and Grood- 
nefs of his moft gracious Matter, who is with God \ 
who, when he had caft an Eye of Favour upon bim, 
and had taken him into a more near Place of Ser- 
vice about his Royal Perfon, was more willing to 
tniihiply bis Graces and Favours upon him, tbtn 

tbf 



Of E N G I, A N D. 041 

the Duke was forward to adc them ; aod> for the Ao.a.c]Mtt2iil^ 
jsoft part (as many honourable Peribns» and his '^ 
now Moft Excellent Majefty, above all others, can 
beft teftify ) did prevent the very Defires of the Duke 
in aflcing : And all thefe particular Places, he can 
and doth truly affirm, his late Majefty did beftow 
of his own Royal Motion, except the Wardenfhip 
of the Cinque-Forts only ; and thereto alfo he gave 
his Approbation and Encouragement. And the 
Duke denieth, that he obtained thofe Places either 
to fatisfy his exorbitant Ambition, or his own Pro- 
fit or Advantage, as is Obje£led againft him ; and 
he hopetb he fhall give good Satisfadlion to the con- 
trary in his particular Anfwers enfuing, touching 
the Manner of his obtaining the Places of the Ad« 
miralty, and the Wardenihip of the Cinque- Ports \ 
tvhereunto be humbly defireth to refer himfelf. 

^ And for the Mafterfhip of the Horfe to his 
Majeftv, he faith. It is a meer domeftic Office of 
Attendance upon the King's Perfon, whereby he 
receivelh fome Profit ; yet but as a Conveniency 
to render him more fit for his continual Attendance ; 
and in that Place, the Times compared, he hath re- 
trenched die King's annual Charge to a confiderable 
Value, as (hall be made apparent. 

• And for the Number of Places he holdeth, he 
ikith. That if the Commonwealth doth not fufier 
thereby, he hopeth be may, without Blame, receive 
and i^in that which the liberal and bountiful 
Hand of his Majefty hath freely conferred upon 
hirt. And it is not without many Precedents, both 
in antient and modern Times, that one Man, emi- 
nent in the Efteem of his Sovereign, hath, at one 
Time) held as great and as many Offices: But 
when it'fhall be difcerhed, that he {hall falfly or 
cdrruptly execute thofe Places, or any of them ; or 
that the Public (hall fufFer thereby, he is fo thank- 
ful for what he hath freely received, that, whenfo* 
ever "his gracious Ma^er fcall require it, he, with- 
out difputing with his Sovereign, will readily hy 
down at his Royal F^et, not only bis Places and 

Vpt. Vll. Q^ Offices^ 1 



ri 



241 The'^arliammary'HiiroKY 

Aii.2.CMriet I. Office?,' but bis \7bole Fortune and his Life, to do 
^^^ him Service* 

To the Second Article, kis buying the 
AdmiruVs Placey the faid Duke maketh this clear 
and true Anfwer^ 

• That it is true, that in January ^ in the i6th 
Year of his Tate Majefly's Reign, his late Majefty 
did, by his tetters Patent under the Great Seal of 
England^ grant unto the Duke the Office of Lord 
Admirar for . his Life ; which Grant, as he well 
knoweth it, was made freely, and without any Con- 
tradl or Bargain with the late Lord Admiral, or 
any other; and upon the voluntary Surrender of 
that Noble and well- deferving Lord; fo he is ad- 
vifed it will appear to be free from any Defcft in 
Law,; by reafon of ihe Statute of 5. Edward Yl 
mentioned jti the Article of his Charge, or for aiqr 
other Caufe whatfoever : For he faith the true Man- 
ner of his obtaining tnis Office, and of all the Paf- 
fages thereof, which he is ready to make good by. 
Proof, was thus : That Honourable Lord, the late 
Earl of Noftirigham, the Lord Admiral, being grown 
much iTi Years, and finding that he was not then 
fo able to perform that which appertained to tis 
Place, as in former Times he had done tobis^cat 
Honour ; and fenring left his Majefty*s Service *ani 
the Comnion- Wealth might fuffer by his Defefl;, 
became an humble and carneft Petitioner to his fate 
Majefty , to admit him to furreqder his Office. His 
late Majefty was at the firft unwilling ynto.it, out 
of his Royal Affedicn to his Perfon, and true Judg" 
mem of his Woi th : But theilarl renewed his Pe^' 
titions, and in fome of them nominated the Duke 
to be his? Succeflbr, without ibe Duke's Privity or 
Fore thought of it. And, about that Timct a 
Gentleman of good Place about the Navy, and of 
long Experience, of himfelf, Came to the Uiike, and 
earneftly moved him to undertake the Place* X^c 
l')uk'e apprehending the Weight of the Place, and 
COHSdering hit young'Ycars, and war.t of Experi- 
ence 



0/ E N G L A N D. 243 

incc to manage fo great a Charge, gave no Ear un- An. ^ cbtritiK 

o it s but excufed it, not for Form, but really and i6t6. 

ngenuoufly out of the Apprebcnfion of his then 

Jnficnefs for it. The Gentleman not thus fatisfi- 

d, (unknown to theDuke) applied himlelf to the late 

Cing, and moved his Majefty therein, and offered 

hefe Reafons for it : That the Duke was the ficieil 

Han at that Time, and as the State of the Navy then . 

lood, for that Place» for he faid it was then a Time of 

^eace : That the bed Service that could be done for 

be prefenty was to repair the Navy and Ships Royal, 

Yhich then were much in Decay, and to retrench 

be King's Charge and to employ it efie£tually : 

That before there was like to be peribnal Ufe of 

Icrvice otherwife, the Duke, being young and ac- 

UrCf might g?in Experience, and make himfelf aa 

\t as any other : And that, in the mean Time, 

liane was fo fit as himfelf, having the Opportunity 

>f his Majefty*8 Favour and Means to his Perfon, 

9 procure a conftant Alignment and Payment of 

i^onrf for the Navy ; the Want whereof was the 

j;|reateft Cuife of the former Defeds. 

* Tbefe Reafons perfuaded his late Majefty, and, 
ipan his Majefly's own Motion, prevailed on the 
Duke to take the Charge upon him : And there- ^ 

upon the Earl voluntarily, freely, williiigly, and 
upon his own eameft and often Suit, furrenocred the 
Place » without any precedent ContraA or F^omife 
whatfoeyer, which might render the Duke in the 
lcaft..I)||^€C fubjeft to the Danger of the Law, 
which was not then fo much as once thought upon ; 
a^d upon that Surrender, the Grant was made to 
ihie Duke: But it is true, that bis Majefty, out of 
his^val Bounty, for Recompence of the long and 
fiuthfiu S^vice of the faid Earl, and for an honour- 
able-Memory of his Deferts to him and the Crown 
of England^ did grant him a Penfion of lOoo 1. 
p0rjlntmm for his Life ; which, in all Ages, hath ; 

be$^ the Royal way of Princes, wherewith to re- 
yf^ antient and well-deferving Servants in their 
c|^ Xears ; when, without their own Faults, they 
affrbeoome lefs fcrviceable to the State : And the 

CL^ Duke 



244 TbB Parliamentary History 

An.». chariMi. Duke alfo voluntarily and (Teely, and asaii Argu- 
^6»6. mtwK, of his noble Refpeft towards fo honourable 
a Predeccflbr, who, to his Death, he cabled Father; 
and whofe Eftate, as he then under Hood, was faUen 
vtry 4ow ; did, with his late Majefty's Privity and 
Approbation, fend him 3000 1. in Money ; w&ich 
he hopeth no Perfon of Worth- and Honour will 
efteem to be an Aft worthy of Blame tn Mm. 
And when the Duke hiad thus obtained this Pkce 
of great Truft, he was fo Careful of his Dutyi that 
be would not rely upon his own Judgftv^t Or 
Ability ; but of bimfelf humbly befougte hfa then 
Majeily to fettle a Commiflion of fit arid able Per- 
fons for the Affairs of *be Navy, by whdfe Coun* 
fel and AfTiftance he reiglit manage that Wei^kqr 
Bufineis with the beft Advantage for his Majef^'s 
Serrice; which Commiflion was granted, and yet 
• continueth ; and without the Advice of thofe Gam* 
miffioners he hath never done any Thing of Mo- 
ment; and, by their Advice and Induftry, he boUi 
thus huftatided the King's Money, and furthered 
the Service, that where before the ordinary Charge 
ot the Navy was 54,000 1. per Annum^ and yi;t 
the Ships were V{2ry much decayed, and their Pio- 
vi&ons negledied, the Charge was reduced to 
30,000 h fer Annum ; and wit4) that Charge the 
Ships. all repaired and made ferviceable, and two 
new Shi^s .built yearly ; and for the two laft Year^ 
when, there *were no new Ships built, the ordinary 
Charge was reduced* to 'iii,6ool. per Amunu 
And now (he dare boldly affirm, that his Majefty's 
Navy is in better State fc^ much than ever it wto in 

any precedent Time whatfoever/ 

I * ' 

Tothe Third Art!C3-e, hU buying ibt War-. 
tlcnMpjfif tM Cinque- Ports, he maketh this pbUs^ 
ingenuoysand true Aiifwieit. •'., . 

^ * That/iii: December, \f\ the Twenty- fcrtnd . 
Year of Als late Majefty's Reign, he obtained the 
Ofh'y: of Lord Warden of- the Cinque -Petts^ and ' 
Ccnfta!?;^ of -the Caftle of ii>^h?r (being onccntilc 

Office)- 



Of ENGLAND. 445 

■Offict) upon the Sitnendf r of iIm; Lord Tioucb^ then An. 2. Cb«riy r. 
Lord Waidcn. The Manner of Qbtgining when?- .^^f 
of, waathua: ' 

^ The Lord &ic^^bciiv grown in Years^^nd wiib 
hia almoil continual Lamenefs being grown lefs fit 
for that PlaQe> he diicoveted a WiIIiogDc6 to leave 
it, and naade itr&n\ Offers thereof to the Duke qf 
RiAtmaiy and Richard Earl of P^rjHj deceafed ; 
but he was not willing to part with if, without 
Jteconapence. Notice whereof coming to the 
Duke, by an Offer made from the hoxiZaucby 
he finding by Experience how much, . and how 
many Ways both the King's Service might, and 
many Times did fuffer ; and how many Incon- 
veniences did arife to the King^s Subjects in their 
jGoods, Ships, and Lives, by the Intermixture of 
die Jurifdidtions of the Admiralty and Wardenibtp 
jof die Cinque 'Ports^ and by the Emulation, Difaf- 
A^on, and Contention of their Ofiicers, as clearly 
appear by thefe Particulars, amongft many others 
/which may be inftanced. 
- I,. * Whereas the Admiral-Jurifdidion extends 
Anerally to ail the narrow Seas ; the Warden of 
mt Cinfue-Ports bath and exercifeth Admiral- Ju- 
rifdidion on all the Sea-Coa(ls, from Show-Beacon 
jn Effex^ to the Red Nore in Suffice ; and within 
tbofe Limits there have been continual Differences 
iKtween the Lord Admiral and the Lord Warden, 
VJThether the Lord Warden's Jurifdidion extends 
into the main Sea, or only as far as the Low- 
Waler^Mark, and fo much futther into the Sea, 
as'B'Man on Horfeback can reach with a Lance ; 
arhkh occaijoneth Queftiona between thofe chief 
Officers -themfelves ? 

2. * There are many and continual Differences 
3D Executmg of Warrants againft Offenders : The 
Offices of the one, refufing to obey or affift the 
Atithority of the other ; whereby the Offenders 
protefied or countenanced by either, eafily eicape* 
^' 3. * Merchants and Owners of Goods qucftion- 
t^ in the Admiralty, are often enforced to {lie in 

Q. 3 both 



%^ fhefParlidfneHtaryHisrojLr 

Am»,chiri«i.botb Courts, and often enforced, for thdr PeatCi 
i6a6. to compound with both Officers. 

4. * The King's Service is much hindered ; for 
the moft ufual and ordinary Rendevouz of the 
King's Ships, being at the Downs, and that bdng 
within the Jurifdioion of the Lord Warden ; the 
Lord Admiral or Captains of the King's Ships have 
no Power or Warrant to preis Men from the Shore, 
if the Kin^s Ships be in Diftreis. 

$. ^ When the King's Ships, or others^ be in 
Danger on the Goodwins ^ and other Places within the 
View of the Ports- Men, they have refufed to lie^ 
with their Boats, left the King's Ships (hould com- 
mand them on board ; whereby many Ships have 
perilhed« and much Goods have been loft. 

6. « When Warrants come to prefs a Ship in the 
Road for the King's Service, the Officers takeOc* 
cafion to difobey the Warrants, and prejudice the 
King's Service. For, if the Warrant come from 

• the Lord- Warden, they will pretend the Ship to be 
out of their Jurifdidtion j if the Warrant come from 
the Lord Admiral, they will pretend it to be with- 
in the Jurifdidlion of the Cinque-Ports ; and fo^ 
whilft the Officers difpute, the Opportunity of the 
Service is loft. 

7. ' When the King's Ships lie near the Ports, 
and the Men come on Shore, the Officers refufe 
to affift the Captains to reduce them to the Sh^ 
without the Lord Warden's Warrant. 

8. ' If the King's Ships, on the fudden^ have 
any need of Pilots for the Sands, Coafts of Fl^ri' 
ders^ or the like, wherein the Port's- Men are bet 
experienced, they will not ferve without the Lord 
Warden's, or his Lieutenant's Warrant, who per* 
haps are not near the Place. 

9. ' When for great Occafions for the Service 
of the State, the Lord Admiral and Lord Warden 
muft both join their Authority ; if the Officers for 
want of true Underftanding of their feveral Limits 
and Jurifdidions, miftake their Warrants, the 
Service, which many Times can endure no Delay, 
i5 Joft, or not fo efFcfti^ally performed. 

' For 



1 y* «.' 



0f ENGX A N A JI47 

^ - * For jtbefe, and many other Reafons of the like An. %^chu\ah 
Kind, the Duke not being led, either out of Am* '^^^ 
bition qr^ Hopf of Profit* as hath been objeAed ; 
(for.it could be nolncreafe of Honour to him, 
having been honoured ()^fote with a greater Place i 
nor of Profit, for it bath not yielded him any Mat- 
ter of Profit at all, nor is like to yield him above 
50QL pir Annum at any Time) but out of his De- 
fire tp make himfelf the mo^e able to do the King 
and Kingdom Service; and prevent all Differences 
and Dimculties which heretofore had, or hereafter 
might hinder the fame, be did entertain that Mo- 
tion : And doth confefs, that not knowing, or fo 
much as thinking of the laid Adl of Parliament 
before- mentioned, he did agree to give the faid 
Lord 1000 1, in Money, and 5001.^/r Annum ^ in 
tefpefl of his Surrender ; be not being willing to 
leave hb Place without fuch Confideration, nor 
the Duke willing to have it without his full Satis* 
h&ixKi \ and the Occafion why the Duke of Btici* 
ing^am gave that Confideration to the Lord Zmch^ 
jseis, becaufe the Duke of Richmond in. hb. Life- 
time had firfl: agreed to give the fame Conljderation 
tor it ; and if he had lived, he had had that Place 
upon.the; lame Terms : And when the iaid Duke 
JDtf Richmond was dead, his late Majefty dire^cd 
|be Duke of Buckingham to enter upon tbac Place, 
api^, for the Reafons before* mentioned, to put both 
tiiwe Offices together ; and to give the ianie Con- 
igderation to the faid Lord, which the Duke of 
'Richmond (hould have given, and his late Majefty 
laid he would repay the Money. And how for 
this A£i of his, in acquiring thb Office, acgompa-^ 
liied with thele Circumftanccs, may be within the 
Danger of the Law, the King being privy to all 
the railages of it, and encouraging and directing ir» * 
h^ humbly fubmitteth to your Judgment ; and he 
humhijr leaves it to your Lordfhips Judgments, in 
what third Way an antient Servant to ttie Crown, 
by Age or Infirmity diiabled to perform his Ser- 
vice, can, in an honourable Courfe, relinquifli hia 
Place s for, if the King himfelf gave the Reward, 

i: 






^4* TRe^arliamefMary Vlisth^r 

iiii.ft.ciitrieil.it may be (aid it is a Charge to tlie Crown ; if tbc 
^•* fuccccding Officer gave the Reconopend^t it itoy 
thus' be obie£ted to be within the Danger of tk 
Liaw : And, howfoever \t bc^ yet be bopeth it 
(hall not be held in him a Crime, whei^ his Ldteih 
tions were jnft and honourable^ and for the Fur* 
thcrance of the Kin^s Service 5 neither H it wifii* 
out Precedent, that in former Times of , great Em- 
ployment, both thefe •Offices were put into one 

Hand by feveral Grants. 

. • 

Ta tbi f ouRTH Article, toherehf the tat 
" Guardifg if the Narrow Seas in thifi nvb laft Ttan 
by the DUkej according to the Tru/i and Duty of an 
AdmiraU is laid to bis Charge; whereof the Con6* 
quence^ fuppofed to have been meerly through bis ui" 
faulty are^ the ignonimui Infefting rf the Coafts 
with Pirates and Enemies^ the EndangeHng of 
the Dominion of thefe Sias^ the extreme Lofs of tie 
Merchants^ and the Decay of the Trade and Strength 
ef the Kingdom : The Duke makiech this AD(wdr» 

* That he doiibteth not but he fliall make. it ap* 
]^ear, to the good Satisfa£iion of your, Lordihip^ 
that; albeit there hath happened much Lofi X6 th6 
Kirig'siSubjedb within the faid Timeof two Years, 
by Fuite$and Enemies ; yet thai hath not bappen* 
cd by the Neglcft of the Duke, 01; want of Owi 
and Kljgence in his Place : For whereas in fodtttd 
TinijBs,' the ordinary Guard alUwed for the Nar- 
row %f^ h^b been bat four Ships, the Duke Kath; 
fince;fft)ftiliiy began, and before,' procured tbeit 
Number to be much increafed ; for, fincp. Juni^ 
i6i^l there hath never been fewer thanfive of the 
King's Ships, and ordinarily fix, befides Pinnaces^ 
Merchants' Ships and Drumblers ; and lince oped 
H.oKiliry,' efght of the King's Ships, befides i/hcr 
chants of great Number, and Pinnaces, and Drum* 
biers s and all thefc well furniflied and manned, fuf- 
ficienrly irfftrufled and authorized for the Service* 
He faith, He hath from Time to Time, upon all 
Occafions, acquainted his Majefty and the Coun- 
cil- Board therewith, and craved their Advice, and 

ufc4 



.tOf B N Q L A N D. a4p 

ufed the Affiftanceef the Commifiionen for theA">**<^>«^J* 
y Ngvy in this Service : And for the Dunkirhrs^ who *^*^* 
^ have of late infefted thefe Coalb more than in for- 
mer Yean, he faith, There was that Providence 
ufed for the Repreffion of them, that bii Majefty*s 
Ships and the Allanders joining together, t^ie Pore 
of Dunkirk was blocked up, and fo (bould have 
continued, had not a fudden Storm difperfed them ; 
which, being the immediate Hand of God, could 
.not by any rolicy of Man be prevented ; at which 
Time, they took the Opportunity to rove abroad, 
hut it hath been fo £ar from endangering the Domi- 
nion of the Narrow Seas thereby, as it is fugged* 
ed, that his Majefty's Ships or Men of War, were 
never yet maftered, nor encountred by them, nor 
win they endure the Sght of any of our Ships ; 
and when the Duke bimfelf was in Perfon, the 
J)unHriers run into their Harbours. But there is a 
I^eceffiiy that, according to the Fortune of Wars, 
interchangeable Lofles will happen ; yet, hitherto, 
-xiotwithfianding their.more than wonted Infolehcy, 
tht Lob on the Enemy's Part hath been as much, if 
xsot more, than what hath happened to us i and that 
X.o(s thstt hath fallen, hath chiefly come by this 
Aleans^ that the Dunkirkers Ships being of late 
Yearsexercifed in continual Hoftility with the Hol-^ 
laniiTM^zxt built of a Mold as fit for Flight as for 
Fight i and fo they pilfer upon our Coafts, and 
creep, to .the Shore, and efcape^ from the King's 
Sbip^: But to prevent that Inconvenience for the 
^ITtme .to come, tBere is already Order taken for 
the building fome Bhips^ which (hall be of the like 
Mold, light and q^ick, of Sail, to meet with the 
advcrfe Party in their own Way. And for the 
f'irates of Sallie\. and tliofe Parts, he iaitb, it is 
but very lately thai they found the Way uiito our 
Coafts, where, by Surprize, they might ealily do 
Hurt } but there hath been that Provifion taken by 
his Majefty, not without the Care of the Duke, 
both by Force and Treaty to rcprefs them for the 
Time to come, as will give good Satisfaftion. All 
which he js affured will clearly appear upon PxoqF/ 



;«ili. c^rieii. Xo th0 F I F T H A R T I c t E the Duke ma- 
^^* kcth this Atifwcr, - 

« That about September laft, this Ship called the 
St^ P^ur (amongft divers others) was feized on as 
a lawful Prize by his Majelly*s Ships, and brou^t 
into Plymouth^ as Ships laden by the Subjcdls of the 
Kifig of Spain 'y in the End df O^ober, or Begin- 
ning of Npvembery they were all brought to the 
Tcwer of London^ all of them were there unladen 
but the Peter ; and the Bulk of her Goods was not 
ftirred, becaufe they were challenged by the Sub- 
jeds of the French King ; and there did not then 
appear fo much Proof againft her, and the Goods 
in her, as againft the reft. About the middle df 
ifffuember^ Allegations were generally put in againft 
them all in the Admiralty-Court, to juftiiFy the 
Seizure; and all the Pretendants were called in up- 
on tbefe PrpceedingSf divers of the Ships and 
Goods were condemned, and divers were releafed 
in a legal Courfe; and others of them were in Su'^ 
ftehcc till full Proof made. The 28th Day of 
DieemieTy Complaint was made on the Behalf of 
fotne Frenchmen at the Council- Board, concerning 
this Ship and others, when the King, by Advice of 
his Council ^his Majefty being preient in Pcrfon) 
did ordery That the Ship of Newhaven^ called the 
PaiTy and the Goods in her, and all fuch other 
Goods of the other Prizes, as ihould be found t6 
appertain to his Majefty's own Subjedh, or to the 
Subjects of bis good Brother the French King, or 
the States of the United Province s^ or any other 
Princes or States in Friendfhip or Alliance with hit 
Majefty, fhould be delivered : But this w^ not ab'* 
foluxe, as is luppofed by the Charge, but was thm 
qualified, to as they were not fraudulently cdour- 
ed ; and it was referred to a' judicial Proceeding/ 

• According to this jctft and honourable Direc- 
tion, the King*s Advocate proceeded upon the te- 
neral Allegations formerly put in the 2&th of ja^ 
tduary, after there was a Sentence in the Admiralty, 
tliai the Peter (bould be difcharged j and the King'i 

:.'"'■■'•■ • •''• -■ ' ' Ad- 



(y E N G L A N D. aji 

Advocate, not having then any Knowledge of fur- A«.t.ciurk9] 
' ther Proof, consented to it : But this was not a i6a6. 
definitive Sentence, but a Sentence Interlocutory, 
as i( is termed in that Court. Widiin few Days 
after, this Ship prepared her&lf to be gone, and 
was falling down the River : Then came new In* 
tdlig^ce to the Lord Admiral, by the lieutenant 
of the TcwiTy That all thofe Ships were laden b^ 
the Subjects of the ^ing of Spain ; that the Am^ 
tantafio wafted them beyond the Nortb^api\ that 
they were but coloured by Frenchmen \ that there 
were Wiuteiles ready to make good this new Al- 
legation ; neither was it impro^Ie to be fo, for 
Part of the Goods in that Ship have been confefled 
to be lawful Prize. This Ship being now fallen 
'down the River, and being a Ship of the mod Va- 
lue of all the reft, the Duke acquainted the King 
therewith ; and, by his Commandment, made ftay 
of the Ship, left otherwii'e it fhould be too late ; 
which the Duke, in the Duty of his Place of Ad- 
miral, as he believeth, ought toliavedone, with- 
out fuch Command : And if he had not dk>ne fo, 
. he might worthily have been blamed for bis Negli- 
gence ; and then inftantly he fent for the Judge of 
the Admiralty, to be informed from him, how far 
the Sentence already paft, did bind, and whether it 
might ftand with Juftice to make Iby of her again, 
(he being once difchargod in fuch Manner as before. 
The. Judge anfwered, as he was advifed. That it 
might juftly be done^ upon better Proofs appearing % 
yet dilcreetly, in a Matter of that Moment, he 
took Time to give a refolute Anfwer, that in the 
Interim be might review the Ads which had paf- 
fed. The next Day, or very (bortly after, the 
•Judge came again to the Duke, and, upon Advice, 
anfwered refolutely. That the Ship and Goods 
might juftly be flayed, if the Proofs fell out tq b^ 
aofwerable to the Informations given ; whereof, h^ 
;iaid, he could not judge,, till be had feen the De- 
positions. And according to this Reibiution of the 
Judge, did five other learned Advocates, befidei tbf 
King's Advocate, concur in Opinion, being ioireat- 

cd 



2S^ 79pe Tafliamenltary Hi story 

MBvft.Charlesl.ed by the Duke to advife thereof; fo cautious was 
»^^» the Duke not to do any unjuft AS. Then he ac- 
quainted the King agam therewith, and his Majefty 
comnianded him to re-feize this Ship, and to pro- 
ceed judicially to the Proofii; and the Duke often 
r^uired the King's Advocate to haften the Exami- 
nation of the Witneffes; and niany Witneffes were 
ffoduced and examined, in Purfuanceof thianew 
nformation. But the Fnnch Merchants, impa- 
tient of any Delay, complained again to the CouR- 
cil-Board, where it was ordered, notbafely. That 
the Ship and Goods {houid be prefently delivered, 
but fhould be delivered upon Security; and, uVoa 
Security, {he had been then delivered, if it had been 
given J and Security was once offered, but afterwards 
retraced : And when all the Witneffes producecl 
were examined, and publifhed, the King's Advo- 
cate having duly confidcred of them, forthwith ac» 
quainted the Duke, that the Proofs came toaihort 
for the Piter 5 and thereupon the Duke inftantly 
gave Order for her final Difchargc, and ithe.WMdif- 
charged by Order of the Court accordingly.* 

* By which true Narration of the Fad, and ill 
the Proceedings, the Duke hopeth it will fufficient- 
]y appear, that he hath not done any thing herein j 
on bis Part, which was not juftifiable, and ground- 
ed upon deliberate and well-advifed Counfeb and 
Warrant. But for the doing of this to his own 
Liiae'and Advantage, he atterty denieth it ; for he 
faith, that there was nothing removed out of the 
Ship, but fome Moneys, and fome fmall Boxes of 
Stones of very mean Value, and other fmaU por- 
table things lying above the Deck, eafily to b^ im* 
bevelled : And whatfoever was taken out of the 
Ship, was firft pubTickly ihewed to his Majefty bim^ 
felf, and thence committed to the Cuftody of Ctf- 
ifiil Marjh^ in the Article mentioned, by Inven- 
tdry, then and ftill Marlhal of the Admiralty, if 
hifn to be fAfely kept ; whereof the Money was 
employed for the King's immediate Service, and by 
h» Dircflioti, tmd the reft was left in fafe-keeping ; 
^ are sXi fitice delivered, -and re-imburfed to toe 

Owners* 



Of ENGLAND. aj3 

Ownen, or pretended Owners thereof ; and iK)t a An. 2 chtriet i. 
Pteony Profit thereof, or thereby, hath come to '^**' 
the Dulce himfelf, as (hall be made good by Proof: 
And whereas the Suggeftioa haih been made. That 
this Accident was ^e C^ufe olF the Embargo of 
the Ships and Goods of our Merchants trading in 
F^MHce^ he faith, .That it b utterly miftaken \ for 
divers of their Goods were embargoed before this 
happetied \ and if, in truth. ihtFnnch had therein re* 
ceived that Lo&, as either they pretend, or is pretend- 
ed from tbiem ; yet the embargoing of the Goods 
of the Engli/b upon that Occafion, was utterly il- 
legal and unwarrantable ; for by the mutual Arti^ 
cles between the two Kings, they ought not to 
have righted themfelves before legal Complaint^ 
atKi a I)enial on our Part, and then, b^ way of 
Repri£al, and not by Embargo. So that the Duke 
doth huQibly leave it to the Confideration of your 
Lordlhips, whether the Harm which hath happen- 
ed to our Merchants, hath not been more occa- 
fioned by the unfeafonabk juftifying of the A&lons 
of the French^ which animated them to in^preafe 
their Injuries, than by an A£t, either of the ^uke, 
or any other.' 

■ -■ ' 

To die Sixth Article, which conHfteth of 

two main Points, the one of the Extorting of Ten 

Tb^nd^ Pounds u?gujilyy and without Rights from. 

/^-Eaft'Iifdia Company i the other ^ admitting the 

JQttfe had a Right ^ as Lord ASmiraly the. XTiimPafpng ' 

it iy un^^e W^^s^ , ani M^fing the FarJiameBtj to 

work bis private En^f ; the Duke givetft this An- 

fwer, wherein a plain Narration of the Paift, he^ 

hopeth, will clear the Matters objected; and in thts ^ 

he fliaU lay dovvQ.no inore, iban will fuB/'ippeai: 

upon Proof. 

* About theEndof JIfiV&»/iWjiTerfli/;,*623, 
the Duke had Information gifven him, :^y a princi- 
pal tdcaixt of their own Comp^^,. that, the 
Gottipany had made a' great Advant^ge.to tLhenj- 
<£ei>resaQ '4016 S&s ti Eafl^-fydia^ and other Parts of 
4^ aad /tfrita, by lich. Prises gotten tb^it Xpr^ir^ 

bly 



.4.i 



1S4 7Z^ Parliamentary Hi s Vor r 

Am %. Charles 1. ^'y ^^^ ^^^ Portuguifey and others 5 and a large 
^ #616. * Part thereof was due to iiis Majcfty, and to the 
Duke as Admiral, by» the Law ; for which, nei* 
ther of them had any Satisfaction. Whereupon 
Directions were given for a^legal Profecution in the 
Court of Admiralty, and to proceed in fuch Mat- 
ters as (hould be held ficteft by the Advice of 
Counfel.' 

* In the Months of Dstember and January^ la 
that Year, divers Witnefles were examined in the 
Admiralty, according to the ordinary Courfe of 
that Court, to inftrudt and furnilh informative Pro- 
ceffes in this Behalf. After the lotbof Marcb^ 
1623, an Adtion was commenced in the Courts 
in the joint Names of his Majefty and the Adoii* 
ral, grounded upon the former Proceeding; this 
was prOfecuted by the King's Advocate, and the 
Demand, at firft, was 15,000!. The Adlion be- 
ing thus flamed in both their Names, by Advice of 
Counsel, becaufe it was doubted in the Judgment 
of the Counfel, whether it did more properly be- 
long 10 the one, oi the other, or to both ; and fuch 
Form^ of entring that Action being: moftuiual in 
that Court, on the 28th of April 1624, the ju- 
dicial Agreement and Sentence pafTtd thereupon in 
the Admiralty Court, wherein the Company's Con- 
feht, and their own Offer, plainly appeareth \ fo 
that for the fecond Part of theHight, it were very 
bard tp conclude, that the Duke bad rto Ri^fy 
contrary to \the Company's own Confent, and the 
Sehtet)c^ of the Court, grounded on their Agree- 
ment \ unlefs it (hall ^Ily appear, that the Com- 
pany w^s by ftrong Hand enforced thereto, tod fo 
the Mcmey eiftorted.' 

•^ iThenrfbre to clear that Scruple, That as the 
Matter of the Suit was juft, or at lead fo prbbd>le 
as tbeColA)>Bny wilKngly defired it for their Peace, 
lb the Me^nr^f was jtilt and honourable ; your. 
Lordfhips are humbly intreated to obferre tbefe few 
true Ciittiihftances : The.^Suit in the Admiralty 
he^ah liters Months before the firft Mention 
Qf it in Purlraihent \ and foine Months before tt^ 

Beginning 



Of ENGLAND- ^55 

Beginning of it in that Parliament, it was pro(e-An.i.charieii, 
cured in a legal Courfe» and upon fuch Grounds i^^^ 
SIS will yet be maintained to be juft. The Compo- 
fition made by the Company, was not moved by 
the Duke ; but his late Majefty, on the Behalf of 
himfelf, and of the Duke, treated with divers 
Members of the Company about it, and the Duke 
himfdf treated not at all with them. The Com- 
pany, without any Compulfion at all, agreed to 
the Compolition ; not that they were willing to 
give fo much, if they might have efcaped for no- 
thing, but that they were willing to dve fo much, 
rather than to hazard the Sujccels of the Suit : And 
upon thisCompolition, fo concluded by his M^fty, 
die Company defired and obtained a Pardon for all 
that was objected againft them. The Motion in 
Parliament about the day of the Company's Ship^ 
then ready prepared and fumiflied, was not out of 
any Refpe£t, to draw them the rather to the Com- 
polition; but really out of an Apprehenfion, that 
there might be Need of their Strength for the De- 
fence of theRealmathome; and, if fo, then all 
private Refpeds muft give way to the public Inte* 
reft. Tbc& Ships, upQn/ihe.Importuqity of the 
Merchanti, and Rafi>as given by theoii were fuf«* 
fered, nevertheleis, to Ml down to Tilbury^ by his 
late Majefty's Diredions ; to fpeed their Voyage the 
better, whilft they might be accommodated for this 
Voyage, without Prejudice to the public Safety ^ 
and they were difcha^ged when there was an Ac- 
commodation propounded and allowed, whic^i wag. 
That they fhould fbrtfawith prepare other Ships.for 
the home Service, vKJhftft thofe wept^^y^ wjih 
their Voyage; which they accordingly did^ JTbat 
die Motion made in the Commons tiou!^;: was 
trithout the Duke's Kpowl^e pr^Privltyi.. * That 
when ther^ was a Rumour that; the Qut^ hdd 
drawn on the Cbmpofition by ftaylnjg of the Ships 
which were then gone, the Duke was fo much of*' 
frricfcd thereat, that he Would have"h^d"the former 
ComporitroH fD'have bfokett off, afid'haVe pro- 
ceibdeS in a legal Courfe ; and be fent to the Com- 
pany 



1^6 The Tarliawentary Hi 8 tor y 

An. 2. Charles I. pany for that Purpofe ; but ihe Company gave him 
" 1626. Satisfa6Uon» that they had raifed 00 fuch Rumoar, 
nor would, nor could avow any fuch thing, and 
inireated him to reft fatisfied with fuch public ABts 
to the contrary. That after this, their Ships being 
gone, and, being careful of their future Security^ 
ihcy ibllicited iheDifpaichof the Compofiiionj con- 
fulted with Counfel about the Inftruments which 
pafled about it, and were at the Charge thereof; 
and the Money was paid long after the Sentence; 
and the Sentence given after the Ships were gone ; 
and no Security given at .all for the Money, but the 
Sentence; atid when this Money was paid to the 
Duke, thie whole Surii (but 200 1. thereof only) 
was borrowed by the King, and employed by his 
own Officers, for tlie Service of the Navy. If thcfc 
Things do, upon Proof, appear to your Lordfhips, 
as he is allured they will, he humbly fubmiltcth 
it to your Judgments, how far verbal Afermations 
or Irifortnations extrajudicial, fliall move your 
Judgments, when judicial Afts, and thofe Things 
which * Were adted and executed, prove the con- 
trary/ 

To the Seventh Article, (which bfo mix'd 
with Adions of great Princes, nd that he dareth not 
in hb Duty publUb every Pbflage thereof) he can- 
not for the prefent make fo particular ah AnTwer as 
he may, hath, and will do to the reft of his Charge. 
But he giVfith this general Anfwer, the Truth 
whereof he humbly prayeth may rather appear to 
your Lordfhips'by the Prooft, than by any Dif- 
courfe of his; whichj in reafon of State, will hap- 
ly b6 oonoeived fir to be more privately handled* 

* * ■ ■ 

• That thcfc Ships wen:' lent to the French King 
at firft, without the .Duke*s Privity : That when 
be knew it, hexlid that which belonged to ah Adr 
miral of £niland, and a true EngRJhman: Aiid he 
doth deny that, by Menace* or Compulfion', or 
ai^y other indirect or undue rradl ice or Means, he» 
by himfelf, or by any cibm, did deliver thofc 

Sbip&, 



Of EN G LAND, ajy 

Ships, or any of tbeni, into the Hands of the Frfn^i, An. 2. cKariei r. 
as is objeded againft him/ '6^^* 

^ That the Error which did happen, by what 
Dire^ton foever it Were, was tK)t in the Intention 
any ways injurious or diihonourable, or dangerous > 
to this State, or prejudicial to any pri\rate Man, 
interefted in any of tbofe Ships; nor could have 
given any fuch OSence at all, if thofe Promjfes 
had been obferved by others, which were profeifed 
and really perforated by his Majefty and his Sub* 
jcdts on their Parts.* 

To the Eighth Article, whirein he is taxi- 
ed to have pra^ifed f$r the Employment of the Ships 
4igmnjl KochtWj heanfwereth, 

* That he was fo far from pra£tifing or confent* 
ing that the faid Ships (hould fo be employed, that 
4ie (hall make it clearly appear, that when it was 
difcovered that they would be employed againft 
thofe of the Religion, the Proteftation of the French 
"King being otherwife, and their Pretence being 
that there was a Peace concluded with thofe of 
the Religion, and that the French King would ufe 
thofe Ships againft Genoa^ (which had been an Ac- 
tion of no ill Confequence to the Affairs of Chri- 
Jlendom) the Duke did, by all iit and honourable 
Means, endeavour to divert that Courfe of their 
Employment againft Rochel And he doth truly 
and boldly affirm. That his Endeavours, under the 
Royal Care of his Moft Excellent Majefty, have 
been a great Part of the Means to preferve the Town 
■ of Rochel \ as the Proofs, when they fhall be pro* 
duced, will make appear. And when his Majefty 
did find, that, beyond his Intentbn, and contrary 
to the faithful Promifcs of the Ftench^ they were fo 
mifemployed, he found himfelf bound in Honour 
to intercede with the Moft Chriftian King, his 
good Brother, for the Peace of that Town, and of 
the Religion, left his Majefty's Honour mig,ht 
other\Vife fuffer; which Interceffion his Majefty 
did fo feduloufly, and fo fuccefsfully puriuc, that 

Vol. VIL R tht 



as 8 Tbs parliamentary History 

An. a. Charles I. the Town and the Religion there do, and will, ac- 
1616. knowledge the Fruits thereof. 

' And whereas it is further objeAed againft binii 
^hat when in fo unfaithful a Manner he had de^ 
vered thofe Ships into the Power of a foreign State^ 
to the Danger of the Religion^ and Scandal and 
Dijhonour of our Nation^ Twhlch he utterly dcDJeth 
to be fo) that to tnafk his ill Intentions^ in a cunning 
andcautehus Manner^ he abufed the Parliamint at 
Oxford, in affirming before the Committee of b^b 
Houfesy That the [aid Ships were noty nor fhmd be 
fo ufed or employed^ he faith, (under the favour of 
thofe who fo underftood his Words) That he did 
not then ufe thofe Words, which are exprefled in 
the Charge to have been fpoken by him ; but there 
being then a Jealoufy of the mif-employingof thofe 
Ships, the Duke having no Knowledge thereof, and 
knowing well what the Promifes of the Fremk 
King were, but was not then feafonable to be pa- 
bliflied, he hoping they would not have varied from 
what was promifed, did fay, That the Event woiM 
fhffvo that it was no undertaking for them \ buta 
Declaration of that in general Terms which fhouU 
really have been performed^ and which his Majefiy 
had juji Caufe to expe^ from them* 

To the Ninth Article, That the Dule £d 
compel the Lord Robartes to buy his Title of Honour^ 

* He utterly denielh it; and he is very confident! 
the Lord Robartes himfelf will not affirm it, or any 
Thing tending that way ; neither can he, nor any 
Man elfe, truly fay fo. But the faid Duke is abl^ 
to prove. That the Lord Robartes was willing/te* 
fore to have given a much greater Sum, but could 
not then obtain jt ; and he did now obtain it by 
SoUicitation of his own Agents.' 

To the Tenth Article,* jFir the felling of 
Places of Judicature by the Duke^ which are fpcci- 
ally inftanced in the Charge, he anfwereth, 

* That he received not, nor had a Penny of either 
ol iliofe Sums to his own Ufe : But the Truth is. 

The 



Of ENGLAND, ajp 

The Lord Mandmllt was made Lord Trcafurer^n^j. Charles !• 
by his late Majefty, without contrafting for any ' 1616^ 
Thing for it ; and after that he had the Office con- 
ferred upon him, his late Majefiy moved him to 
lend him 20,000 1. upon Promife of Repayment at 
the £nd of a Year ; the Lord Mandevilk yielded 
it, fo as he might have the Duke's Word that ic 
(hould be repaid unto him accordingly. The Duke 
gave his Word for it \ the Lord MandeviUe relied* 
upon it ; and delivered the faid Sum to the Hands 
of Mr. Fortify then attending upon the Duke, by 
the late King's Appointment, to be difpofed as his 
Majefty (hould dire£l : And, according to the King's 
Dire£iion, that very Money was paid out to others, 
and the Duke neither had, nor difpofed of a Penny 
thereof to his own Ufe, as is fuggeiled againft him. 

* And afterwards, when the Lord Mandeville 
left that Place, and his Money was not repaid unto 
him, he urged the Duke upon his Promife ; where-- 
upon the Duke being jealous of hb Honour, and to 
keep his Word, not having Money to pay him, he 
affured Lands of his own to the Lord Mandtvidi 
for his Security : But when the Duke was in ^ain^ 
the Lord Mandeville obtained a Promife from his 
late.Majefty of fome Lands in Fee- Farm, to mch 
a Value, as he accepted of the fame in Satisfadlion 
of the faid Money, which were afterwards paffed 
unto him ; and, at the Duke's Return, the Lord 
MandeviUe delivered back unto him the Security of 
the Duke's Lands, which had been given urtto him 
as aforefaid. 

* And for the 6000 1, fuppofed to have been re- 
ceived by the Duke, for procuring to the Earl of 
Middlefex the Mafterfliip of the Wards, he utter- 
terly denieth it ; but afterwards he heard that the 
Earl of Middlefex did difburfe 6000 1. about that 
Time, and his late Majefty beftowed the lame upon 
Sir Henry Mildmay\ hisServaiu, without the Duke's 
Privity ; and he had it and enjoyed it, and no. Penny 
thereof came to the faid Duke, or to his U/e.* 

R 2 T« 



a6o The Parliamentary History 

Ao. 2. charice I. To the ELEVENTH ARTICLE the Duke anfwereth* 

* That it is true, that his late Majefty, out of 
bis Royal Favour unto him, having honoured the 
Duke himfelf with many Titles and Dignities of 
his Bounty ; and, as a greater Argument of his 
princely Grace, did alfo think fit to honour thofe^ 
who were in equal Degree of Blood with him, 
and alfo to ennoble their Mother, who was the 
Stock that bare them. 

* The Title of Countefs of Buckingham^ be- 
ftowed upon his Mother, was not without Prece- 
dent ; and (he hath nothing from the Crown but a 
Title of Honour, which dieth with her. 

* The Titles beftowed on the Vifcount Purbeci, 
the Duke's elder Brother, were conferred upon him, 
when he was a Servaiit of the Bed- Chamber to his 
now Majefty, then Prince, by his Highne&'s Means : 
The Earl of Jnglefey was of his late Majefty's 
Bed-Chamber ; and the Honours and Lands con- 
ferred on him were done when the Duke was in 
Spain. 

The -Earl of Denbigh hath the Honours men- 
tioned in the Charge ; but he hath not a Foot of 
Land which came from the Crown, or of the King's 
Grant. 

* But if it Were true that the Duke had procured 
Honours for thofe who are fo near and dear unto 
him, the Law of Nature, and the King's Royal 
Favour, he hopeih, will plead for his Excufe ; and 
he rather believeth he were worthy to be condemned 
in the Opinion of all generous Minds, if, being in 
fuch Favour with his Mafter, he had minded only 
his own Advancement, and had neglected tbof(^ 
who were neareft unto him. 

To the Twelfth Article his Anfwer is, 

* That he doth humbly^ and with all Thank- 
fulnefs acknowledge the bountiful Hand of his late 
Majefty unto him ; for which he oweth fo much 
to the Memory of that deceafed King, his moft ex- 
cdlent Majefty that now is, and their Pofterity, 

that 



0/ ENGLAND. i6i 

that he fball willingly render back whatfoever he An. 2. chari^ i. 
hath received, together with his Life, to do them i^»6« 
femce : But for the immenie Sums and Values 
which are fuggefted to have been given unto him, 
he (kith. There are very great Miftakings in the 
Calculations, which are in the Schedules in this 
Article mentioned ; unto which the Duke will ap- 
ply particular Anfwers in another Schedule, which 
fluill exprefs the Truth of every Particular, as near 
as he can colleft the fame, to which be referreth 
himfelf (0) ; whereby it (hall appear, what a great 
Difproportion there is between Conjedlures and 
Certainties : And thbfe Gifts which he hath recei- 
vcd, tho' he confeffcth that they exceed his Merit, 
yet they exceed not Precedents of former Times. 
But whatfoever it is he hath, or hath had, he utter* 
ly denieth that he obtained the fame, or any Part 
thereof, by any undue Sollicitaiion or Praftice, or 
did unduly obtain any Releafe of any Sums of Mo- 
ney he received ; but he having, at feveral Times;, 
and upon feveral Occafions, difpofed of divers Sums 
of the Moneys of his late Majefty, and of his Ma- 
jeily that now is, by their private Direftions, he 
hath Releafes thereof for his Difcharge ; which was 
honourable and gracious in their Majefties, who 
granted the fame for their Servant's Indemnity; ^ 
and, he hopeth, was not unfit for him to accept of, 
left, in fiture Times, he, or his, might be charged 
therewith, when he could not be able to give fo 
clear an Account thereof, as he hopeth he fhall 
now well be able to do. 

To the Thirteenth Article of the Charge, 
which is fet forth in fuch an ExprefTion of Words, 
as might argue an extraordinary Guiliinefs in the 
Duke ; who, by fuch infinite Bonds of Duty and 
Thankfulnefe, was obliged to be tender of the Life 
and Health of his mod dread and dear Sovereign aud 
Mafter, he maketh this clear and true Anfwer, 

R 3 * That 

fo) The Schedule here mentioned, taken from the Lcrds Jour^ 
aals, follows at the End of the Duke's Anfwer to the Articles :. 
Bvt it U qnpittcd in RkJ?jwcr:k» 



i62 TheTarliamentary Histokt 

An.2.charl«ii, < That he did neither apply nor procure the 
'^»^' Plaifter or Poffet- Drink, in the Charge term'd to 
be a Pctm^ unto his late Majefty, nor was prefent 
when the fame was firft taken or applied : But the 
Truth is this ; That liis Majefty being fick of an 
Ague, took Notice of the Duke's Recovery of an 
Ague not long before, and afked him how he bad 
recovered, and what he found did him moft goodf 
The Duke gave him a particular Anfwer theretOf 
and that one, who was the Earl of fVarwick^s Phy- 
fician, had miniftred a Plaifter and Poflet-Drink 
to him ; and the chief Thing that did him -good 
was a Vomit ; which he wiflied the King had taken 
in the Beginning of his Sickneis. The King was 
very defirous to have that Plaifter and Poflet-Drink 
fent for ; but the Duke delayed it : Whereupon tte 
King impatiently afk'd. Whether it was fent for or 
not ? And finding by the Duke's Speeches he bad 
not fent for it, his late Majefty fent John Bahr^ 
the Duke's Servant, and, with his own Mouth, 
commanded him to go for it: Whereupon the 
Duke befought his Majefty not to make Ufe of it 
but by the Advice of his own Phyficians, nor un- 
til! jt ftiould be tried by James Palm&r^ of his Bed- 
chamber, who was then fick of an Ague, and upon 
two Children in the Town \ which the King faU 
he would do. In this Refolution the Duke left his 
Majefty, and went to London ; and in Jhe mean 
Time, in his Abfence, the Plaifter and Poflet- 
Drink was brought and applied by his late Majefty's 
own Command. At the Duke's Return his Ma- 
jefty was in taking the Poflet-Drink, and the King 
then commanded the Duke to give it him ; which 
he did in prefence of fome of the King's PhyficianSf 
they then no ways feeming to dillike it, the fam^ 
Drink being firft tafted of by fome of them, and 
divers others in the King's Bed Chamber : And he 
thinks this was the fecond Time the King took it. 
• Afterwards, when the King grew fomewhat 
worfe than before, the Duke heard a Rumour as if 
his Phyfic had done the King Hurt, and that the 
Duke had miniftred that Phyfic to him without 

Advice 



Of ENGLAND. i6i 

Advice. The IXtlce acquainted the King there'AQ.2.CharletJ. 

with ; to whom the King, with much Difcontent, '^^^* , 

^nfwered thus, Thty are worfe than Devils that fay 

//. So far from the Truth it was ; which now 

xiotwithftanding, as it feemeth, is taken up again by 

fome, and with much Confidence aifirmed. And 

here the Duke humbly prayeth all your Lordfhips, 

not only to confider the Truth of this Aniwer, 

hue alfo to commiferate the fad Thought which 

this Article had revived in him. 

* This being the plain, clear, and evident Truth 
of all thofe Things which are contained and par- 
ticularly exprefled in his Charge, the reft, being ge* 
neral, and requiring no Anfwer : And he being well 
aflured that he hath herein affirmed nothing which 
he fhall not make good by Proof, in fuch Way as 
your Lordfhips fhall dire^, doth humbly refer it 
to the Judgment of your Lordfhips, how full of. 
Danger and Prejudice it is to give too ready an 
Ear, and too eafy a Belief unto Reports or Tefti- 
raony without Oath, which are not of Weight 
enough to condemn any. He humbly acknow- 
ledgeth how eafy it was for him in his younger 
Years, and unexperienced, to fall into thoufands of 
Enors in thofe ten Years wherein he had the Ho- 
nour to ferve fo great and open-hearted a Sovereign 
and Mailer j but the Fear of Almighty God, his 
Sincerity in the true Religion eftablilhed in the 
Church of Ejigland^ (tho' accompanied with many 
Weakneffes and Imperfeftions, which he is not 
afhamed humbly and heartily to confefs) his Avv- 
fulnefs not willing to ofiend fo good and gracious 
a Matter, and his Love and Duty to his Country, 
have reflrained and preferved him, hehopeth, from 
running into heinous and high Mifdemeanors and 
Crimes : But whatfoever, upon Examination and 
mature Deliberation, they fhall appear to be ; left 
in any Thing, unwittingly, within the Compals ot 
fo many Years, he fhall have oflended, he hum- 
bly prayeth your Lordfhips, not only in thofe, but 
a^ to all the faid Mifdemeanors, Mifprifions, Of- 
fences, and Crimes wherewith he ftandeth chargert 

.,i^ before 



a64 The Parliamentary Hi ST o r y 

An. 2. Chirks 1. before your Lordfliips, to allow htm the Benefit of 
162^. the free and general Pardon, granted by his late Ma- 
jefty in Parliament in the 2ift Year of his Rrign, 
out of which he is not excepted ; and of the gra- 
cious Pardon of his now Majefty, granted to the 
faid Duke, and vouchfafed in like Manner to aD 
his Subjedts at the Time of his mod happy Inauga- 
guration and Coronation ; which faid Pardon, un- 
der the Great Seal of England^ granted to the faid 
Duke, beareth Date the loth Day of February now 
laft paft, and is here fhewn forth unto your Ldrd- 
Ihips, on which he doth moft humbly rely ; and 
yet he hopetb your Lordfliips, in your Juftiice and 
Honour, upon which with Confidence he putsbim- 
fclf, will acquit him of and from thofe Mifdeniea- 
nors, Offences, Mifprifions, and Crimes wherewith 
he hath been charged \ and he hopeth, and will 
daily pray, that for the future he fliall, by God's 
Grace, fo watch over his Aftions, both public and 
private, that he fliall give no juft Offence to any/ 

The Answer of the Duke to thofe Grants and 
Gifts contained in the Schedule, which either 
were or ate affirmed to hav,e been to himfelf^ or t§ 
bis immediate Ufe. 

/• s» d. 

Charge. The Manour of "BiAiM-X ^^^ ^. ^ 

den,&c.r^)at "^ J^ 700 o O 

The Manour of Whaddon loi 14 b 

Anfwer. * The Duke had no Lands from the 
Crown before the 4th of June^ 161 6, at which 
Time his late Majefty, out of his gracious Bounty 
to him, whom he had not long before taken into 
nearer Service about his Royal Perfon, was pleafed 
te grant unto him, for his better Support, the Man- 
nor of Biddlefden^ and other Lands of the Lord 
Grey^ being of the yearly Value of 700 1. at an 

im- 

(f) To avoid Repetition in a Caufc which our Readers perhaps 
think already Jong c-nuugh, we ihall mention tbefe Grants as biiefljr 
a* pni]ible ^ efpccially as |^ ate aire^d^ repitcf} ^t lurgf ^ a( P, 14^ 



C/ E N G LA N D. 163 

sis^roved Rent» which came to the Crown by the An. 1. Chtrki i. 
Lotd Grsfs^ Attainder ; and about that Tune alfo i6s^ 
his late Majefty gave unto him the Mannor of 
Wbaddm^ being xoi L 14 8. per Jbmum^ at an im* 
proved Rent ; and upon that created him Baron of 

I s.d. 
Chaiig^. 7i&/A£?ffMrefHarrington»tf/-47i 14 4^ 
VfeAhnmrofCombtand^'Sieyyat 317 14 o 

Anfwer. * In Ndvmhr, i6i6, the late King 
James gave him, for a further Augmentation <^ 
his Means, and Support of the Honours he had con- 
ferred upon him, the Mannors of Harrington^ 
Combe and Btnley ; whereof the firft is valued at 
47x1. 14 s. 4|d. and the other two at 317 1. 148. 
all which are in Truth but 347 K 18 s. 3 d. and fo 
thereis an Over-Account of 441 1. los. lid. and 
the £iid old Rent, which, in the whole, is but 
347 L 1 8s* 3d. is flill referved and doth continue 
payable, as a Fee* Farm-Rent to the Crown, upon 
the feveral Patents thereof made to the Duke ; 
which he doth thus exprefs, according to the Truth, 
xxit with a Furpofe to leilen the King's Bounty to- 
wards him, but that it may appear how much was 
granted unto him, and what the Revenue of the 
Crown was leffen'd thereby/ 

/. J. d. 

Charge. The Manour of Biflcy, at 103 16 6i . 
The Manour s of Timberwood and ? ^ , 

Rainhurft,.^/ 5 3°^ 17 9i 

The Lordjhips and JManours of^ 

Weft- Harmes,Srockt<m, Stoke- V205 ri 4 
Ivington, and Hope, at J 

The Manour of Spalding, at 224 7 9 

The Grange rf Berkeley, at 15 16 4 

The Manour of Over i at 106 18 2» 

The Manour of L^gttoUy at 114 7 11^ 

The Lord/hip or Manour of Bizmp-X ^ ,T 

ton, at }"7 o 64 

Tie fark of Rockingham, at Ji6 i 2 

■ Anfwer. 



i 



2'66 The Tarliamentary Hi s tor r 

Aa« 2. Charles I. Anfwir. * Thefe Lands pafled in December^ 1 6 1 6> 
'^^* whereof part, to the Value of 423I. i8s. 2id 
were afterwards furrendered, 

• Afterwards, when his late Majefty, out of hi$ 
Favour and Grace, was pleafed to confer more Hor 
nours upon him, he thought it fit, out of his Boun- 
ty, to augment his Means in fome Proportion ; and 
voluntarily, without the Duke's Suit, gave bin 
other Manours and Lands, of the Value mentioned 
in the Charge ; but upon this Grant the old Rent was 
tefetved 10 the Crown as a Fee- Farm- Rent \ and fo 
the certain Revenue of the Crown is not thereby im- 
paired : And for any unufual Claufes in any of the 
Grants in the Schedule mentioned, asisfuppofed by 
the Charge (^j, he faith. That the Claufe concerning 
the Reprisals of Bailiffs Fees is ufual, and warrant- 
ed by divers Precedents ; and the Reafon why the 
Stewards Fees are reprized, and that Perquifiics of 
Courts are not valued, was, becaufe the Demefnes 
of moft of the Manors, which were gcaoted unto 
him in Fee-Farm as aforefaid, were, at the Time 
of the Gi:ants, in Leafe for divers Years, fome 
of long Continuance, others made to the Con- 
tra£tors, and fome otherwife, at the old' Rents ; . 
which Rents, as they pafled to the Duke upon his 
Grant, fo were they payable over to the Crown, 
being referved as Fee- Farm upon the faid Grants, 
as aforefaid : So that if Perquifites of Courts had 
been valued, the faid Matiour had been of fmall or 
no prefent Value unto him/ 

Charge. ^eManourandLordJhipof) /, x, d. 
Brighton, /i^ yfc/j«tf«r ^Z* San- ^ 2I0 o o 
ton, ^c. J 

Anfwer. < As to thefe it appears, by the Aft of 
Parliament, 21. ^^^ that they were fettled upon 
the Archbi£hop of York and his SuccelTors, not al- 
together in Exchange for Yorl-Houfe^ but likewife 
in refptft of the Grace and Favour which bis theix 

Ma- 

(^) Sm before, P. 131, 



Of E N G L A N D. a^/ 

Majefty did bear to the faid Church and See of Titi^ Ajl x. ChailfM I. 
asinthefaidAdtisexprefled; the (aid Manours be- '^^' 
ing conceived to be more profitable and commodi- 
ous for the faid Qiurcb than the laid Houfe was. 
'Tis true that, afterwards* it pleafed his Msgefty to 
confer the iaid Houfe upon the iaid Duke» for his 
Habitation near the Court and the Royal Perfon 
of a King, on whom he was continually attend- 
ant ; which, being meerly a Place of Habitation 
and Dwelling, fubjeA to Charge in the continual 
Repair, was not likely to have brought any great 
Revenue to the Crown^ if it had relied there/ 

Charge. ^Forefl of LeyMd, granted^ /. s. d. 
to tbo Duiej Sept. 12. 1620, j//^^ r ^^ ^3 4 
Fee-Farm Rent of onfy J 

Anfiver. * A Part of this Foreft was, upon the 
Difafforeftation of the fame, allotted to Common- 
ers, for Satisfadion of fuch Common as they claim- 
ed to have within the faid Foreft. The Fee-Farm 
that is now referved upon the Refidue of the Fo- 
reft, doth very near equal the clear yearly Value 
which hath heretofore been anfwered to the Crown, 
all Charge and Keepers Fees being deduced ; fo 
that, by this Grant, the Revenue of the Crown is 
little diqiinifhed.' 

Qiarge. For Lands fold by his own Agents^ and the 

Money received by tbemy but Tallies thereof Jiruck 

for Form only ^ /. s. d. 

1622. Feb. II. 6000 o o 
.— Mar. 7. 800 o o 

1 14. 4^37 18 8 

— ■ 2 J. 4000 o o 

1623. July 19. 8065 o o 
— — Dec. — 1000 o o 
•r—— Ibid. 1906 6 8 
Jan. — i47<^ 16 8 

1624. April 30 3204 3 o 
- Oft. 1 7. l?or the Manowr\ ^ ^ 
Hf Ncwby J 3000 o o 

Jnfwer^ 



a6S The Tar liameMary Hist OKT 

B.2. chatlesl* j/njwir. * For thefe Sums of Money he fijdi, 
f6x6. That out of the Lands formerly granted linto the 
Duke by his late Majeflty, it was agreed that the Dub 
jbould furrender Part of the fame to the Value d 
423 Ir 18 8. zk d. to the Crown, being at the fame 
Rates at which they wcsre granted to him ; there 
having been neither Leafed nor Eftate^ nor impro- 
ved Rent, nor Profit by the Sale of Woods, or 
otherwife, made by, or to the Duke for fuch Time 
as they remained in bis Hands before the faid Sur- 
render, tho* others have often done fo in like Cafis : 
In confideration whereof it pleafed hb Majefty to 
affign other Lands, of the like yearly Value, to 
have been conferred upon the faid Duke, in lieu^of 
the fame fo furrendered: But, before fuch Time as 
the fame were granted to the Duke, true it Is, that 
his Agents and OfBcers contrafted for the Sale of the 
fame to feveral Purchafers ; and to avoid both Charge 
and Circuit in conveying of the faid Lands futt to 
the Duke, and then to the Purchafers ; and to fatif- 
fy the Defire of the Purchafers who were uowU- 
ling that the Lands (hould be firft paft to the Dtte^ 
in confideration of the Surrender of the former,.aBd 
fo from the Duke to themfelves, for fear of any 
Defers which might happen to be in Multiplidiy 
of Afltirances in that Kind ; therefore it was «d« 
vifed, that the Purchafers, or fuch as they tnified 
for them, fhould take immediate Eflate? from the 
Crown, which they did ; and the feveral Sums of 
Money which indeed they were to pay to the Duke, 
were paid to the King, into his Receipt of Excfae^ 
quer, and Tallies were ftruck for the fame : How- 
beit, the Duke doth acknowledge that he had Privy 
Seals for Receipt of the faid feveral Sums again out 
of the Exchequer : Yet, in all this, was there no 
Deceit to his Majefty, for that the Lands, fo 
granted by his Majefty, were the Lands intended to 
have pafled to the Duke, in lieu of the Lands fur- 
rendered ; which Courfe of Proceedings was guided 
by former Precedents in the Point between other 
Parties ; and by thefe Lands or Money the Duke 
had no hew or othor Advancement than he bad 

befpiQ, 



Of EN GLAND. a6p 

before, or than he mig^t have had by the mber L^s, Ail s« Chtfki I. 
if he had not furrendcred them/ >^*^ 

Chaigc 3i /A^ Earl $/ Manche-'i /. s. i. 
fter, in part of Satisfa^ion eft 
2O1O00 /. firmer fy paid to the\ 1Q600 o o 
D uie fir the Office of Lord Jna- 1 
furor J 

Anfwir. • To this he refers himfelf to his An- 
fwer to that Article, which chargeth him with the 
Selling of Places of Judicature. The 20,000 1, 
was Money lent by the faid Earl to the King, and 
not paid to the Duke as is pretended ; and if hif 
Majefty did make Sale of any Lands to re-pay the 
fame, it nothing concerns the Duke.* 

Chaise, r^ A/r.Rotherby i/i/'w? ^^ /* ^' 
Gift for fecret Ser^ces ^ 904 IS o 

Anfwer* * There was no Part of this Money 
employed to or for the Ufe of the Duke ; but he 
tMnks the &me was otherwife employed for his late 
Majefty's Service, and by his fpecial Dire^on, 
when the Duke was in Spain.* 

L s. d. 
Charge. To Sir Robert Pye 8000 o o 

Anfwer. * This is confefled and thankfully ac- 
knowledged by the Duke.' 



' u d. 



Jan. 28. 1624. To ditto 20000 o o 

Jhfwer. * Thefe Sums of 30,000!. and 20,000 1. 
were direSed to be paid, by Privy-Seal, to the 
Duke as Free Gifts, and yet intended by his late 
Majefty for the Preparation of the Fleet. The 
Duke's Name was only ufed, for that his Majefty 
was not willing to have that Intention publickly 
difcovered at that Time ; and the fame Sums were 
accordbgly wholly employed in that Service, with 

24,005^1. 



ayo The TarHatnentary History 

An. ^Charles 1. 24,009 1, more of the Duke'a own Money, as by 
1626. the Proof will appear.' 

Charge. Aug. 12. i6zS. To Phihp7 J;,^^\\ 
Burlemache 3 

Anfwer. • Of this 60,000 1. warranted to be 
paid by Privy- Seal, there hath been received 58,8901. 
of which Mr. Burkmachg hath iflued for the Navy 
26,0001. and the reft hath been ifliied by Burle- 
tnachey by his Majefty's fpecial Direction, towards 
Part of a far greater Sum expended in the Duke'a 
Preparation and Performance of his Ambaffage into 
France^ and for bringing over the Queen into En- 
gland i the Charge whereof was much more than 
was any way intended by 'the Duke himfelf, by the 
fpecial Direftion and Command of his late Majdfty, 
and of his Majefty that now is, as upon Proof will 
clearly appear; which was Uie Reafon that the 
Name of Burlemache was ufed in the faid Privy- 
' , Seal.' 

Charge. Out of the Cuftoms of Ireland 7000 /. per 
Annum, by virtue of a Leafeforten Tears ^ grant' 
edy Anno 161 8, for the Support of bis Dignity. 

Anfwer. * The Duke hath a Leafe for ten Y^f s, 
whereof about two are yet to come, of the Cuftoms 
of Ireland : Before this Leafe they yielded but 6000 1. 
to the Crown yearly ; the Leafe to the Duke is 
with a Render of 6000 1. yearly, which was the 
former Rent, and with a Covenant to pay the 
Moiety of the Increafe above that Sum j which, by 
his Induftry, having been Improved to 13,000 1. 
per Annum^ the King hath his 6000 1. Rent, and 
the one Half of the 7000 1. Increafe ; and the Duke 
hath the Refidue ; fo that theDuke hath not there- 
by 7000 1. per Annum^ as is fuppofed ; but the one 
Half of it only, for which he hath done the Crown 
this Service/ 

Charge. A Penfton of looo/. out of the Revenui 
of the Court of Hoards. 

Anfwer. * The Duke confeffcth this Penfion/ 

' Charge. 



OlT E N G L A N D. 271 

Charge- Another Penftm tf 5000 /. faid to the Earl An, %. chailci u 
of Worcefter, for leaving the MajUrJhip of the i^a€. 
Horfe to the Dule <f Buckingham. 

Anfwer. * The King's Liberality cannot be im- 
putedf as a Crime to the Duke^ being no Procurer 
of it, nor charged to to be.' 

Charge. The Profit of the Third upon Strangers 
Goods 9 over and above the Rent of ^ooo l. per An. 

Anfwer. * The Grant of the Third upon Stran- 
gers Goods, is of the Profits thereof which fhall 
amount to above 3000 1. per Annum 5 which, if it ^ 
be raifed, is to be paid to the Crown, and the Over- 
plus is granted to the Duke; which, for thefe three 
Years laft, hath been nothing ; and the fourth Year 
before was but 130 1. 9 s. 6 d. and no more; and, 
before that Time, fometimes loool. per Annum^ 
fome Years lefs.* 

Charge. The late King liiewife paid to the late Eart 
of Nottingham, during his Ufe^ 1000 /. Penfton 
for furrendering the Office of Admiralty. 

Anfijoer. * This was the late King's own Boun- 
ty to the late Earl of Nottingham^ and not of the 
Duke's Procurement, as appeareth by his Anfwer 
to the fecond Article.* 

Charge. His Endeavours to get the Money to be 
made of Prize Goods, &c. 

Anjwer. * He hath already anfwered this in the 
fifth Article, to which he refcrreth himfelf.' 

Charge. Part of the Earl of Middle- ^ /. s. d. 
fcx's Fine^ by a Privy-Seal to the 
Lord Treafurer and Chancellor of 
the Exchequer^ appointed for the y 20000 p o 
Hmjhold^ and for the Wardrobe \ 
but^ by Pra^ice of the Duke, di- 
verted to his own UJe J 

Anfwer. 



nyi The Parliamentary Hi stout 

An.t-Chatleftl. Anfiver. * The Duke denies the Practice <rf 
'^^* diverting of the Sum to his own Ufe ; neither did 
the faid Fine, or any Part thereof, come to the 
Ufe of the Duke : But faith. That the Earl want- 
ing Money, as it (hould feem, to pay the 20,000 L 
his Majefty was pleaftd, at the Suit of the DukCf 
upon the earneft SoUicitation of the Earl, to accept 
of him the Sum of 5000 1. in Money, and a l^oA 
of the Farm of the Sugars, whereof the faid Eail 
was poflefled, and his Houfe at Chelfea^ in full 
Satisfaction of the 20,000 I. which Leafe and 
Houfe were aflured to his Majefty accordingly, and 
to his fole Ufe and Benefit ; and the laid 5000 !• 
was accordingly employed for the Houfhold zxA 
Wardrobe/ 

Divtn Grants /o the Dui^s Brothers and 

others of his Kindred. 

Charge* 7o the Earl of Anglcfeyl ^ ^^ 

I A •' 1 J ^ ^ r 1 0000 

400/. per Annum, vj/«Mtf/ j * ^ 

To ditto, the For efts of Penfeim V ^ ^ 
andmzc\imoxt,&ic.valuedat f ^""^^^^ ^ ^ 

Anfwer. • Thefe Gifts to the Earl of AngUfej^ 
were the free Gift and Bounty of the King unto himy 
to fupport his Honour 9 and the Warrant for paf* 
fing of them was given by the King, without tbt 
Procurement of the Duke, he being then In Spain \ 
and they are not of that Value which they are fup* 
pofed to be.' 

Charge. S;r Lionel Cranfield, ^/.^ /. x. A 
who married his Kin/woman^ and 
advanced to be an Earl^ made 
Lord High Treafurer j^ England, ^120000 o o 
and^ by Means thereof he got to 
his own V/e^ out if his Majeftfs 
Eftate 

dnfwer^ 



G/ E N Q L A N D. 273 

Anfwer. ^ T^he Earl oT Middlefix hath been cen- An. x. charlttl. 
fared for his Offences (r^, which arc not to be im- *^»^« 
puted to the Duke ; and this Earl was fo well known 
to bis late Majefty before his great Pi^ferment, that 
his Majefty conceived him to be a fit Servant for the 
Crown ; and, when he was in Place, he both did, 
and could do, what he thought bed for himfelf 
Without the Duke, and both had and followed his 
own Ways.* 

Cha rge. To Sir Edward Villicrs, 506 'V 

jicres. Part of the Forejl of >7ooo o o 

Dean, &c. valued at^ J 

To Um^ in Mohev out of the Mint, &c- 3000 o 6 
To bim more in P-enfton^ by Grants oUt\ -.-.-,-. 

of the Profit of the Mint, J 50^0 o o 

jt not her Penjion out of the Court ofl^^^^ ^ ^ 

Wards, ^ pooo o O 

Jnfwer, * Thefe haVe been obtained by the Suit 
of Sir Edward FilHers himfdf, and not by the 
Duke*s Procurement.* 

After the Reading of the ahove Anfwer, the Duke 
thade a (hort Speech, defiring their Lordfliips to 
expedite the Examination of his Caufe, and then 
iviihdrew himfelf and departed. 

In. the Afternoon of the fanie D^y (June %.) 
the Earl of Brijid^ being before their Lordfliips at 
the Bar, defired Leave to move tv^o Points: The 
one, touching the Charge of Treafon againft him- 
felf; the other, touching the Articles exhibited hf 
him (as an Ambaflkdor) againft the Duke of Buck* 
inghanty for his Un faithful nefs to the King and" 
State. 

' As touching the firft, he made a large Dlf- Further Proceed- 
touffe^ iilewing the Manner of his Reftrainc, 2lSo7Biift^fvr,7i. 
in his former Speech May 6th (s) ; and that he was 
hot charged with Treafon untill he firft exhibited 
his Petiiion to the Houfe, wherein he aecufed the 

Vol. Vll. S Duke 

(*) ^s itis Trial in VoL Vl. P. 1 31, (ij See before, P. ai» 



274 ^^^ T arlmment ary History 

An. 1. Charles 1. Duke of Buckingham ; and that thereupon he Was 
'^*^* immediately fent for up as a Delinquent, contrary 
to all former Proceedings that he ever obfervM : 
And it being contrary to the Order of this Houfe, 
to be reilrained of his Liberty, unlefs it be for 
Treafon or the like, he is therefore charged with 
Treafon : And hereupon he befought their Lord- 
fhips to confider how prejudicial this Precedent 
might prove to all their Liberties ; and that he 
might have a fpeedy Trial by Parliament, for that 
he feared no Man would be of his Counfel if the 
Parliament were once ended ; and that it might be 
determined whether his Cafe be Treafon or not' 

* As touching the Duke of Buckingham^ he 
fliewed that his Accufation of him is no Recrimi- 
nation, for he originally intended it two or three 
Years fince j neither hath the Duke any Charge 
depending againft him. Then he recited the Par- 
ticulars of Mr. Attorney's Charge againft him; 
and that, whereas he is charged with the Prince's 
Journey into Spain^ with fecking to convert the 
Prince to Popery^ and the Lofs of the Palatifiati ^ 
he doth charge the Duke with plotting with Gm- 
domar to bring the Prince into Spain and to con«* 
vert him to Popery j and that the Duke is in more 
Fault than any other for the Lofs of the FtfAi* 
tinate,^ 

* And that whilft he was in Spain^ he wrote to 
the late King of the Duke's Unfaithfulneft ; fo that 
it cannot now be 4aid to be a Recrimination.' 

* That yet he is reftrained, and ufed as a Traitor } 
and contrariwife, the Duke of Buckingham^ accu- 
fed of Treafon by him, (a public Miniiler of State) 
hath his Liberty.' 

' Then he made twoRcquefts unto their Lord- 
(hips; the one, that there might be an Equality 
betv\{een him and the Duke herein ; the other, that 
Mr. Attorney might proceed againft the Duke upon 
his Accufation ; ^nd he would not only prove the 
Duke's Unfaithfulnefs to the late King and his Ma- 
jefty i but that the Narration which the Duke 

made 



0/ E N G L A N D. 175 

made to both Houfes in the late Parliament is veryAn.s.Cbarliil» 
faire (ty 1616. 

• The Earl, having concluded his Sp^ch, de- 
livered a Petitioni which was read, in biec P^erba: 

To the Right Honourable the Lords of the Higher 

Houfe of Parliament. 

The HuAf BiE Petition ^ John Earl of Briftol. 

I. TLfUmbly befeichingyour Lord/hips that you wUl^^^ Petition to 
-tM be pleafed to declare^ whethor the Matter of^^^^^^^^^^ 
the Charge againfthirh be Treafinornoy and that ^nu« of his 
your Lord/hips Jhatt adjudge it not to be Treafin^ thatchvfie, &c« 
the ffirds Traitor and traiteroufly may be Jlruci 
out of the Charge ; and Jome fuch Courje taken^ as 
to ylntr Lordjhips Jhall Jeem meet ^ for the fpeedy Pro* 
ftcUtion and bringing of the Caufe to Hearing, 

II. That his own and Sir Walter Alton's Dif 
patches might be brought into the Courts (being bis 
thief eft Evidence) to be ufed for his Defence. 

III. That if Mr. Attorney^ by his Reply^ Jhatt give 
the Earl Occafion to declare^ for his fuftification^ fuch 
Matters of Secrejy and Myjleries of State as are not 
ffoper to be divulged ^^ your Lordjhips will then be 
pliafed to mcve his Majejly to ftgnijy his Pledfure^ to 
whom and in what Manner it Jhall be declared. 

IV. And that the Earl may have Leave to come 
with Mr, Maxwell to the Houje^ or wait upon the 
Committees when he Jhall find it needful^ for thi 
Profecution of his Caufe^ attending your Lordjhips 
Lnfure* 

BRISTOL. 

The Petition being read, the Earl was withdrawn, 
tod the Houfe being put into a Committee, it was 
read again in Parts, and fully debated : The Houfe 
being refum'd, it was read again \ and thefe four 
Anft^ers were made unto the four feveral Parts of 
the faid Petition, and ordered as followeth, t>z. 

1. The Houfe to fit To-morrow at Eight, and The Answer <rf 
fuch Wiineffes to be fworn as Mr. Attorney or thetHe Hotifc them 

S 2 Earl^^- 

(0 S«t thil Narradtk at large^ in Vol. Vl. p. id. 



176 The Tarliatnentary KisroKY 

Aji.3u.CJiarle8i.Earl of Brijlol (hall procure j and then the Conv- 
' %M. 'mittee to proceed to take the Examinations; and 
the Anfwer to the reft of this Part of the Petition 
to be deferred to further Confideration, after a full 
Examination taken by the Committee, and rqwrt- 
ed to the Houfe* 

2. All fuch Difpatches as Mr. Attorney fhall 
make ufe of againft the Earl, to be ufed by the laid 
Earl for his Defence 9 and the Houfe to be Suitors 

, to the King for any other Difpatches, to be brought 
' hither for the laid Earl's Defence, as he fhall par- 
ticularly name. 

3. when any fuch Occafion fhall be offered, the 
Houfe will then confider what Courfe to take herein. 

4. This is to be granted. 

Thefe being thus agreed and ordered by theHoufe, 
and their Lordfhips having alfo agreed to give tbc 
Earl of Brijol a Reafon why the firft Part of his 
faid Petition is not fully anfwcred ; the Earl of Bri- 
Jiol was brought again before theiv Lordfhips, and 
the Lord Keeper fignified the faid Orders\into him: 
And, having read the firft, told him. That the 
Houfe had not fully granted the firft Part of bis 
Petition, for two Reafons, both in Favour to hii 
Lordfhip : The firft, that they are loth to proceed 
to declare iheir Opinions or Judgments upon 
the bare Charge of Mr. Attorney, before the 
true Cafe appears upon the Proofs : The fecond, 
for that if they fliould declare his Caufe to be 
Treafon, then his Teftimony againft the Duke of 
Buckingham would be weakened ; and the Lord 
Keeper having read the fecond, third, and fourth 
Orders alfo, the Earl of BriJIol gave their Lordfhips 
humble Thanks, and fo was withdrawn. 

The reft of this Day's Work, which muft have 

been a heavy one, was taken up with fwearing fe- 

veral Witnefles^r^ £sf con^ in the Caufe of the E^rl 

of BriftoL Nor was there any Thing material 

^^* Jf//j^^^; done in the Houfe of Lords, for fome fuccceding 

AiJwcrtotbc Days, till the 13th, when the Ix)rd Conway pjt 

tvA of Briftoi's their Lordfhips in mind of feveral Articles delivered 

Charge tgaiiJi j^ ^^^ 5^ ^ g^^j ^f ^^.^^/ ^^^^^^ himfelf, thc 

fi(ft 






Of E N G IL A N D. 177 

firft of May Jaft ; afld,befought the Lords that he^'9^-<^>)*ri«<i- 
might then give in his Antwer to the fame; *^^' 
which being granted, it was read in hac Verba : 

The Answer of the Lard Conway to the 
£l£V£nArticljess deUverd again ft him 
into the Upper Houfe rf Parliament by the Earl tf 
Bristol, the firjl Day of May («). 

^0 the First Article he faith^ 

E doth acknowledge to owe a great deal of 

Refpeft, Love, and Service, to the Duke 

o{~Buciingbam ; and doth well remember that a 
worthy Gentleman did invite him to endeavour the 
Reconciliation of {he Earl of Brijiri v/ixh the Duke; 
to which alfo he made Anfwer, That he had both 
Affe&ion and Readinefs to do all the good Office 
in his Power, and that for the general Duty which 
every Man oweth to the Works of Reconciliation, 
and for othet fpecial Motives ; as being born in one 
and the fame County, of long Acquaintance, no- 
thing having ever paffed between the Perfons of 

. the Earl of Brtyiol and the Lord Conway bur De- 
monitrattonsof Goodwill ; and an Intereft of Blood 
being between the Lord Conwafs Children and the 
Earl 5 acknowledging withall many lovely Pans 
and Powers in him : And it is not unlikely but the 
Lord Conway might fay, (according to the ingenuous 
Freedom which he ufeth and cheriflieth in himfelf) 
that if Things fliould not be reconciled but break 
out into Oppofftion between the Duke and the 
EarK^ he mqft then declare his greater Love to be 
to the Duke than to him ; but this the Lord Con- 

> x«;jy limited to their particular Perfons, and hopes 
it ciMinot, by any Juftice, be interpreted to (tain him 
as he is a public Minift^r, a Magiftratc, or a Peer 
of the Realm. All Offices and Obligations, in 
thofc Refpefts, he owes to God and the King, but 
to no Subjcft ; and doth profefe and is confident he 
hath paid them hitherto ; and hopes in God to con- 
tinue fo with unblameable Integrity.' 

S '^ ' 7> 

{u) Sec before p. 15.. 



afZ TUtg^arliamentafyKisvoKY 

^"•••ciwicai, y^ /iitf Second Article fc^ yir/A, 

« That t^e Artifice the Earl of Brijlol ufetfe, 
in mingling Truth with Untruth, makes it hard to 
clear it without much Prolixity ; which the Lgrd 
Conway thinks this Article not worthy of, compa- 
ring it with the Honour and Revefence he owes to 
this great and noble Council ; yet, by your l<ord- 
Ihips good Favours he gives it this Anfwcr, That 
he verily believ^ he never wrote jn thofe Terms of 
being a Secretary by the Duke's Creation ; altho* 
• he never was, nor is, unapt to acknowledge infi- 
nite Obligations to the Duke, for his Favours free- 
ly conferred upon him ; which he was ever, as he 
is yet, ready to teftify by all due Attributes and 
Expreflipns: But for the Lord Conway to have ac- 
knowledged this in thofe Terms, had been to have 
forgotten what he owed to his gracious Mailer of 
glorious Memory ; who when he gave him the 
Seals, in the Prefence of divers Lords of the Coun- 
cil (the Duke being alfo prefent) told him, and took 
the Duke to Witnefs, that it was his own proper 
Choice to make my Lord Qonway his Secretary ; 
, yet it may well be when oyr now gracious King 

and the Duke were in Spain, his late Majefty hav- 
ing commanded the Lord Conway to write (that 
, they both might know itj that he had appointed 

him, only, to be Secretary to receive the Difpatches 
from thence and return the Anfwers, that he might 
then write to the Duke that he was his Secretary : 
And as to the beginning of the Lord Conwayh 
Letters, with • Gracious Patron^ which the Earl of 
Brijlol is pleafed to note, it is true that, ever fincc 
the King gave him the Creation of Duke (which 
parries the Style pf/ Grace) \ht Lord Conway hath 
given him that Title, with the Addition of Ba^ 
iron ; with as true and plain a Heart as it is given 
5 ordinarily in other Countries, witbout particular 
Intention or Meaning : And the firft Time that 
ever the Lord Conway gave this Style, was, when 
liis lata Majefty told him, he muft in his Letter! 
give the Dulce the Style of Gra^e-, and that thisj 



0/ E N G L A N D. ^79 

httter he (hewed to hb Majefty , and twenty others An. 2. chariet i. 
of the fame Style, and his Majefty neither reprovtd "^*'* 
it nor forbid it.* 

To the Third Article be faiths 

* That it is a fcandalous Article without Foun- 
dation ; and that the Lord Conway never did any 
Thing to keep the Earl of BriJIol from his late Ma- 
jefty's Prcfence, but by cxprefs Commandment 
from his Majefty; which, as he was Secretary, he 
conceives to befufficient Warrant/ 

To the FovRTH Article he faiths 

* This is in all a Scandal ; and in one Part un- 
thankfully and untruly wrefted ; for Mr. Grejley^ 
coming to the Lord Conivay^ under the Pretext of 
Faith and Confidence, for Advice, to know of him 
whether it ihight be fafe for his Lord, up>on Con- 
fideration of feveral Reftraints and Leaves, to come 
to London to follow his Bufinefs : Hereupon the 
Lord Conway anfwered him in the Prefence of God 
(as a Man that would not betray another to fave 
his own Head) that he thought he might not iafely 
com9 without Leave from his Majefty ; but this 
Advice he gave as a Friend, not as a Secretary, nor 
any way from his Majefty or in his Name/ 

To the Fifth Article he faiths 

* He denies the Charge in general ; and, for that 
Part, touching his fbeaking with the Duke, he re- 
membreth that the Earl of Briflol did, in the Poft- 
fcript of a Letter, defire him to move his Majefty 
in that Point j but the Lord Conway conceiving the 
State of Affairs to ftand fo between the Earl and 
the Duke, that good Refpeft required that an Office 
of Grace to the Earl (hould not pafe without the 
Knowledge of the Duke, it is poffible he might 
ftay the Opportunity to acquaint the Duke ; it be- 
ing no Part of his Duty to his Mafter of glorious 
Memory, but a Thing free in the Choice of him, 
the Lord Conway ^ to do or not to do: And fur- 
^^X^ the Lord Conway doth verily bcUcve, that he 

wa$ 



Ap«j(. Charles!. was informed that it was the Defir€ of the Eail 
'^^^' that the Duke (hould be made acquaint^ with It.' 
Tfi the nji of this Artic?*e he anfwereih^ * That 
it gives him, (the Lord Coffu^ay,) the firft Notice 
Qf any Difpleafure taken by his late Majefty jigainft 
him, for not moving hinv; or that he (hould call 
the denying the Earl Leave a barbaroqs A£t : And 
the Lord Conway denies that he retarded the Leave 
from his Majefty ; but, fo ifoon as he received the 
Warrant, he obey'd it, without any Clau£e or li- 
mitations more than the King ^rommanded^ and 
that he delayed not the Difpatch of it' 

7o the Sixth ARxictE he faith, 

^ It appears by the Earl of BriJioPs acknowledg- 
ing that he was directed to the Lord CcnuH^ for 
his Bufinefs, that the King had not found any 
fault in the Lord Canvay's handling of the Earl 
of BriJfol'S Occafious, as is alledged in the fifth 
Article : And for the Lord Conwa/s refufing to do 
any Thing without the Duke, it is true that th^ 
Duke being fo far engaged by the Relation he made 
to both Uoufes of Parliament, in the Prefence, and 
with the Affiftance, Avowal and Teftimony, (in 
many Things) of the then Prince, now our gra- 
cious King ; his late Majedy commanded the Ix>rd 
Conway that nothing fliould be moved Or done in 
the Earl of Brj/iofs Bufinefs, without the Know- 
ledge of the Duke.* 

To the Seven t.h Artxcle he faith^ 

* It is true that Commiffioners were appointed 
for forming the Charge againft the Earl of Briftet^ 
in fundry Articles ; which were the longer in hand- 
ling by reafon that feme of the Committee were 
at London^ for Occafiops of the King's Serykre, 
^nd the Lord Conway tyed to attend the Court % 
yet the Lord Conivay did come exprefly to Londm^^ 
to attend the Comniittee to give that Bufinefs the 
greater Expedition ; and doubteih not but the 
pommifiioners will witnefs that the Lord Cenwajt 
^id Qiew all Mat|ncr qf Forward^efs to gjye ^)ccd 



Of EHG JL AN D. i8i 

to .that Work : And as toochtaig the King*8 Pro- aa. t. ciiariefti. 
tmkSf the Lord Cptmof kfiowft not any Thing of 1626. 
them, but he well knows that the King bellowed 
the fteading of all the Charge, and AnfWers, both 
tt large and in brief, as they were made by the Earl 
of BriJIsl and diiie£)ed (o his Majefty ; and doth ve- 
rily believe, that if the Earl of sri/ht^ Anfwers 
bad been fo full as to have admitted no Reply, his 
Majefty would have prefently pot an End to the 
EarFs Bafmefs ; efpedally if he had promifed it, as 
is alledg'd. ToucUng the Gommiffloners Declara- 
tion, the Lord Cnway never heard any one of them 
declare himfelf fatisfy'd ; and the Earl of Brijfors 
Anfwers being given to the King, it was in his 
Majefty's Heart and Pleafure to give Dire£lions ; 
whkrh, if the liord Comvay had ever received he 
would have obeyed them ; but the Commiflioners 
had done their Work in forming the Charge; and, 
for ought the Lord Comvay Jcnows, had neither 
Warrant nor Matter to proceed ferther upon. 
The Lord Conway knows of no Artifice of the 
Duke of Buckingham, to the Etids mentioned in 
this Article ; nor was ever made acquainted with 
or believes there was any ; and, for himfelf, when 
the fuppofed Articles are made appear, as is under- 
talcen, the Lord Conway will be ready to make his 
juft Anfwer/ 

7o the Eighth Article iS^ faith, 

• He never knew or heard of any fuch folemn 
Proteftation of the King, touching the admitting 
of the Earl of Brifiol to his Prefence ; but his late 
Majefty told the Lord Ccnway, That there was a 
fiutber Chargie to be laid againft the faid Earl, 
which, perhaps, the Lord Conwsy might accord- 
ingly write unto him : The King never gave the 
Tjori.C$nway Directions for any farther Charge, 
but moving his Majefty, upon fome Sollicitation 
of the Earl of Brijtol^ his Majefty was pleafed to 
■ afiifwer, that the Earl was upon other Ways and 
^ ^tUcitations } by which the Lord Conway took 



aSa ThTatJiamentaiy HisTOKT 

Aa*»*Ciiarlesi.hinirelf tobe difcharg'd of thatBufinefs, and^ per> 
'^' baps, anfwcrcd the Earl of Bri/hl fo/ 

To tbi Vim TH Article he faith^ 

* He knows not what pafled from the Earl of 
Briftol to bis Majeily, or from his Majefty to him, 
by the Duke's Hand ; but for his Majefty 's Letter, 
which the Lord Conway acknowledgeth pafled tbro' 
his Hands, there was nothing inferred but by the 
King's Directions ; and the Letter read, approved, 
and figned by his Majefty : For the latter Part of 
this Article, the Lord Conway refers himfelf to his 
Anfwer to the fourth Article, where the fame 
Charge is laid againft him*' 

To the Tenth Article be fdith^ 

• That the Treaty for marryii^ the King of 
Bohemia^sdA^ Son with the £n>peror's Daughter, 
and bringing him up in that Court, was handled 
by the Lord Baltimore ; and the Lord Conway had 
never any Part in that Treaty, nor knew that his 
Majefty g^ve Confent to it, or advifed it ; but on 
the contrary, he ever underftood that his Majefty 
was againft the Breeding of the young Prince in 
the Emperor's Court ; and ever faid. That he would 
take upon him the Care of bis Breeding : But the 
Lord Baltimore giving an Account of that Treaty, 
by his Letter to his Majefty then at Newmarket^ 
and there being then a Difpatch going for Spaini 
bis Majefty commanded the Lord Conway to fend 
that Difpatch from the Lord Baltimore, in the 
Packet to the Earl of Briftol^ which is all the Lord 
Conway had to do in it ; and the Lord BMmore 
being a Party in the Treaty, and a Commiflioner 
in forming the Charge againft the Earl of Bri/lol^ 
the Earl may as well take Exceptions i^inft him 
and the reft of the Commiflioners, as againft the 
Lord Conway for that Part of the Charge : But the 
Earl of Brijiol is not charged for conforming him- 
felf to his Majefty and his Proceedings here^ in that 
Point » b^t further, for tP.oving it, and carrying it 

in 



0/ E N G L A N a a83 

Jn fpcb a Fashion in Spain^ as Sir IFaHgr Aftm told ^ ^:cMmi. 
j^im. Hi durfl not ccnfint U it f&r his Hsad: For x'^^. 
the late Letter from his Majeflyy the Lord Con* 
wfy anfweretli, That be did nothing therein but 
|>y Direction froqi hi? Majefty^ and by bis Maj^* 
fty's own Words ox Pen.* 

To the Elevbnth Articlb hi faitb^ 

* That he never fept any Difpatcbes to the Earl 
QfBrifiof into ^paifff without hb Majefty's Direc- 
tipns, and firft (hewing them unto his Majefty, and 
receiving his Approbation and Warrant of them; 
whofe Judgment would not have let dubious or 
entrapping Direflions pafs him without Reform^ 
tion ; and if the Earl be charged with any Thing 
more than the Dire^ions import, the Difpatches 
will clear that: B\it the Lord Conway conceives 
that the Caufe of the Earl of BrMs Troubles 
procee^is, truly, frpm his own large rromifes on the 
Pehalf qf Spain and the Emperor, and the little 
Grounds the Efiefts (hew he had for drawing of 
Jpis Majelty into fo deep and difadvantag^us En- 
gagements/ 

• The Lord Comvqy having thus made a tmc 
^pd clear Anfwer to the feveral Articles exhibited 

' againft him, he humbly leaveth the fame to your 
l^rdlhips grave Confideration ; referving to bim- 
felf, as well all juft Advantages againft any Pait 
of thofe Ai ticks in the Varieties and Contradiftion 
pf the Charge, as alfo, the Supply of any Thin§ 
in thefe his humble Anfwers that may be defeftivc 
m point of form V or which, by further Inftance, 
or doubtful ' Interpretatipn, may require d, clearer 
Explanation.' 

This Anfwer being read, it was ordered that the 
JEarl of Brifiol may reply thereunto if he pleafc^- 

We fliall n^;t trouble the Reader with the other 
Proceedings in the Earl of Brijiofs Caufe, as they 
w^re no way inomin:ous; and fince, in a few 
pays more, a great Blow from above made all 
^\^i^ Trials Hbortive* We ftal'j therefore, turn 

bacl^ 



aS4 735^ Parliamentary Hi stort 

iui.».chtrkti.back to the Cbrtitfions, and fee what they were 
•••^^ abouti before the ICing thought proper to put an 
End to this Parliament. 

June the gth^ the Commons difpatched the 

Chancellor of the Dutchy to the Lords, to defire 

a Copy of the Duke's Anfwer ; that, upon Con- 

fideration thereof, a Reply might be made by them, 

with as much Speed as poffible. The Lords faid, 

That they would take this Meflage into Confidera- 

tion with all Speed. Hereupon the Duke of Buck^ 

The Duke of tngham ftood up, and declared, * That for the bet- 

Bockingham'8 tcr clearing of his Honour and Fidelity to the State, 

5^'^tWcv«th'" that Part of his Charge which is objefted againft 

Artkk. him* by the Seventh Article, he hath been an ear- 

neft and humble Suitor to his Majefty, to give him 

Leave in his Proofs, to unfold the whole Truth and 

Secret of that great Adion ; and hath obtained his 

Majefty's gracious Leave therein : And accordingly 

doth intend to make fuch open and clear Prodf 

thereof, that he nothing doubteth, but the fame) 

when it (hall appear, will not only clear him from 

Blame, but be a Teftimony of his Care and Faith- 

fulnefs in ferving the State.' 

The fame Day a Letter from the King was de- 
livered to the Speaker, the Tenor whereof follows: 

Trufty and Well-beloved, we greet you well. 

The King's Letr f\(JR Houfi ofCommons Cannot forgct how oftin^ ani 

Tt^haftfn the" ^ *^ tarneftly^ we have called upon them fir the 

^ly. fpeeding of that Aid which they intended us for utr 

great and weighty Jffars^ concerning the Safety and 

Honour of us and our Kingdoms ; Jnd now the Time 

being fo far fpentj that, unlefs it heprefenthy eonchi^ 

ded^ it can neither bring us Money nor Credit by the 

Time which themfelves havefixed^ which is the hji of 

• this Month ; and being further def^red n^ould be ef 

little Ufe^ we being daily advertifed from all Parts^ 

of the great Preparations of the Enemy ready to of 

fail us: We hold it necefjary, by thefe our Letters, t$ 

givt' them our lajl and final Admonition, and to let 

them knoi/ffi thqt ix^e Jk4l account <?// further Delays 

ani 



0/ E N G L A N D. aSj 

^d Excujis to bf ixpre/s Denials. And therefore ziv An. ». chalet L 
will and require ym to ftgnify unto them^ that we do '^**« 
expe^ that they forthwith bring In their Bill ofSuh* 
fidyy io he pa£ed without Delay or Conditany Jo as it 
may fully pals the Boufe by the E/id of the next ffi/i 
at the furtheji : Which if thiy do ttot^ it will force 
iis to take other Re/olutions. But let them inozvy if 
they finijh this according to hur Veftre^ that we are 
rejolvedto let them fit together for the Dijpatch (f 
their other Affairs fo long as the Seafon will permit j 
andy after their Kuefsy to bring them together again 
the next Winter. And^ if by their Denial or Delay ^ 
any Thing of ill Confequence Jhall fall out either at 
home or abroad^ we call God ana Man to witnefs 
that we have done our Part to prevent ity by calling 
our Peopk together to Qdvije with us ; by opening the 
Weight ofourOccafions unto them \ and by requiring 
their timely Help and AJJiJiance in theje Anions 
wherein^ we Jland engaged by their own Counfels : 
And we will and command you^ that this Letter be 
read publickly in the Houfe. 

June the loth, the Copy of the Duke's Anfwer 
"Viras brought down to the Commons, by Mr. Ba- 
ron 7revor and Sir Charles Cafar ; and they further 
fignified, * That the Duke had made aRequeft to 
t^eir Lordfhips^ which they, alfo, recommended 
to this Houfe, that the Commons would proceed, 
with all Expedition, in their Reply to this Anfwer j 
that fo they might go on with Hufinefs of much 
higher Concern/ 

By the further Proceedings on the Journals, the 
Commons feem to have fallen upon the Confideri- 
tion of the Duke's Anfwer immediately ; tho' no- 
thing b particularly entered about it. At thid 
Time, alfo, the Commons had prepared a Peti- 
tion to the King concerning Popijh Recufants ; a 
Bufinefs they had, from Time to Time, been up- 
on, ever fince the Beginning of this Seflion. And, 
having perfected their Lift, it was prefented to his 

Ma* 



i86 TAeTar/iamentaryHiSTotir 

Aii.i<cKarle8i.Majefty, alotig with their Petition , in the Form 
1626. following (x) : 

To the KiHg's moft Excellent Majefty. 

y^OUR Mq/efl/s mojl obedient and byal Subje^i^ 
MtKarirtg' ^*^ Commons in thisprejent Parliament ajjembled^ 
to PopUh Rccu- rf^, it/i/A great Comfort^ remember the many TeJIi- 
^*»- monies which your majejiy hath giljen of your Since* 

rity and Zeal for the true Religion^ ejlablifhed in this 
Kingdom ; andy in particular ^ your gracious Anfwer 
to both Hou/es of Parliament at Oxford {y\ upon 
their Petition concerning the Caufes arid Remedies of 
^ the Increafe of Popery \ That your Majejiy thought Jt^ 

and would give Order to remove from all Places rf 
Authority and Government ^ all Jtich Perfons as are 
either Popijh Recufants^ or^ according to Diredfion 
of former A^s of State ^ juftly to be fufpeSfed ; which 
was then prefented as a great and principal Caufe 
of that Mijchief . But not having received fo full 
Redrefs herein as may conduce to the Peace of this 
Churchy and Safety of this regal State, they hold it 
their Duty once more to refort to your Sacred Majefty ; 
humbly to inform you^ ihat^ upon Examination y tkey 
find the'PerJons underwritten to be either Popijb Re* 
cufantSf or jujlly Jujpe^ed according to the former 
A Sis of State, who now do, or^ftnce the Sitting rf 
the Parliament, did remain in Places of Government 
and Authority, and Trufl, in your feveral Counties 
of this your Realm of England and Dominion ef 
w aies* 

7he Rt. Hon. Francis Earl e?/ Rutland, Lieuti-^ 
nant of the Counties ^Lincoln, Rutland, North- 
ampton, and Nottingham, « Commijftoner of tbi 
Peace, and of Oyer and Terminer in the County ^ 
York, and Juflice of Oyer from Trent North* 
wards : His Lordfhip is prefented to be a Popifh Rc- 
cufant, and to have affronted all the Commiffioners 
of the Peace within the North-Riding ?f YoikQiire, 

(x) In the Reign of Ring J^mtt I. tlie Cominoiit pre^rM t 
Petition of this Nature^ with a Lift of Rtfufsnti in the fi«M 
Manner. See Vol. VI. p, «m» 

(^J Vol. VI. P. 3;8. 



0/ E N G L A N D. 187 

ly finding a Liana j under bis Hand and Seal^, toAn.%. cfnrieti. 
his TiMtnt Thomas Fi(her, dwelling in his Lord- »•>•• 
Jbip^s Manmr ^^Helmfley, in the find North-Riding 
rf the fcid County ofYotk^ to keep an jBe-Houfei 
fion after he was, by an Ordgr made at thg Quarter* 
Sejftons^ difcharged from keeping an AU-Heufe^ he^ 
eaufe he was a Popifh Coovi^ Recufant ; and to 
have procured a P^ijh School- Mafter^ namely, Ro- 
ger Conyers, to teach Scholars within thefaid Ala- 
nour of Hclmllcy, that formerly had his Licence to 
teach Scholars taken from him, for teaching Scholars 
that were the Children of Popifh Recufants, and be^ 
caufe hepffered thefe Children to be abfent themfehes 
from Church whilft they were his Scholars', for 
which the faid Conyers was formerly complained of 
in Parliament, 

7heRt. Hon. the Vifcount Dunbar, Deputy-Juftice 
in Oyer to the Earl of Rutland, from Trent iw/A- 
tuard, and a Commijfioner ofSewers^ and a DepU" 
ty- Lieutenant within the Eaft- Riding i'/ Yorkfliire: 
iSs Lordjhip is prefented to be a Popifh Recufant, 
and his Indi&ment removed into the King*$ Bench ; 
and his Wife, Mother, and the greatefl Part of his 
Family are Popifh Recufiants, andfome of them con* 
vi^ed, 

The Rt. Hon. William Lord Eure, in Commijfion 
for the Sewers in the £aft-Riding of Yorkfhire, a 
Convid Popifh Recufant. 

The Rt. Hon. Henry Lord Abergavenny, the Rt. 
Hon. John Lord Teynham, and the Rt. Hon. Ed** 
ward jtflrJ Wooton, in Commijfton for Sewers, jufily 
fupe&edfor Popery. 

The Rt. Hon. Henry Lord Morley, Commiffio- 
nir for Sewers in Lancafhire, himjelf fufpetled, 
and his Wife a Recufant. 

Tlje Rt. Hon. John Lord Moxdzuni, CommiJ/i^ 
oner of the Peace, Sewers, and Subjidy in Norih- 
amptonfhire ; and the Rt. Hon. John Lord St. 
John ^Bafing» Captain of Lidlcy Caflle in Hamp- 
Ihire, indited for Popifh Recufants. 

The Rt. Hdn. Etnznucl Lord ScToopc, Lord- Pre- 
Jident of bis JMajefiys Council in the North, Lord- 

Lieutenant 



rt88 T/je'ParJiameMarytitsrOKr 

hTk,%,Qh^x)»hIJiuttnant of the City and Ainjfy cfYork^ aUrf 
i6a6, ^f,g County of York, and of Kinglton upon Hulfj 
frefented the laji Time ; anid continuing Jiill to give 
Sufpicion of bis tlUAfft£lion in Religion^ iy tbefi Li- 
fiances: i. By never coming to the Cathedral Church 
on thofe Days^ wherein former Preftdenis have hecH 
accu/icmeJ. a. E^ heifer receiving the Sacrament upon 
Common DaySy as other Prefidents were accuftomed ; 
but pub&ckly departing out of the Chltrch^ with his 
Servants J upon thofe DaySj when the reji of the 
Council^ the Lord Mayor and Aldermen ae receive. 
3 . By never ^ or very feldom^ repairing to the Faftsj 
but often pubHckfy riding abroad with his Hawis on 
tkofe Days, 4. By cauftng fmh as are known to he 
firm in the Religion eflabli/hed, to be left okt of Com- 
mijfion^ luhich is in/lanced in Henry Alured, Efq\ 
by his Lordjhip^s Procurement put out of the Commtf 
fion of Sewers ; or elfefrom keeping them from exe* 
cuting their Placeoy which is inftarUed in Dr. Hud- 
fon, D. D. to iOhom his Lordflnp hath refufed to 
give the Oath^ being appointed^ 5. By putting di^ 
vers others iU-cjfetied Per/ons in Commijfton of the 
Council of Oyer and Terminer^ and of the Sewers% 
and in other Places of Irufl^ contrary to his Ma-- 
jeflfs gracious Atijwer to the late Parliament. 6. In 
Oflober laji^ being certified of diners Spanifli Ships 
of War upon the Coajis ^Scarborough, his Lordftn^ 
went thither^ and took with him the Lord Dunbar^ 
S r Thomas Metham^ and Sir William Alfoid 1 
and lay at the Houfe of the Lord Eure, whom ho 
knew to be a ConviA Recuiant, and did noiwieh* 
Jianding refute to difarfn him ; although he had re^ 
ceived Letters from the Lords of the Council to that 
Effe£f : And did Ukewife rrfufe to fiew the Commifi 
fioners^ who were to be employed for difarming of 
Popifti Recufants, the original Letters of the Pn^ 
vy Councily or to deliver them any Copies as they de*> 
ftred^ and as his Predecefjors in that Place weri 
Wont ic do, 7. By giving Order to the Lord Dun-^ 
bar, Sii Thomas Metham and Sir William AU 
fcrd, to viczv the Forts and Store of Munition in thi 
Icwn ^Kingfton upon Hull, who made one Kerton^ 



(y E N G L A N D. aSp 

a Convid Reculant, and fifit£iid u he a Prif^,An»%.amtiah 

their Ckriin that SirvUi. 8. fy denying to accept ifod^ 

a Plea^ tendered aceerding to Law h Sir William 

Hilliard Defendant^ againft Ifabel Simfon Plaintiff 

in an A^ien of Trover ^ tbatjbe was a ConviA Po- 

pi(b Recufant, and forcing him to pay Cdfts. 9. By 

the great Increafi of Recu&nts fince bis Lordfixfs 

coming to that Gevemment /« January 1619. // 

appearing bf the Records rf the SeJJiens^ that there 

arcy in the Eaft- Riding only^ One tboufandjix hundred 

andfeventy mere conviHed than were bejore ; wVuh 

is conceived to he an Effect of his Favour and Coun* 

tenance towards them. 

William Laogdale, Efy\ conviSfed ^Popiih Re- 
cufancy. 

Jordan Meghan), Henry Holme, Michael Par- 
tington, George CrefweU ^^ Tboma3 Danby, 
Efqmres^ Commijfimurs of the Sewers^ and put in 
CommiJJion by Procurement of the LardScropc^ Lord 
Prefident of theVlonh^ and who have allFopdh 
Recufants to their fflves. 

Ralph Bridgman, Effi a Non- Communicant. 

Nicholas Girlingion, EJf', whoje Wife comes fel- 
d&m to Church. 

Sir Mamaduke Wyvil, Knt, and Bart, prefented 
the kft Parliament^ bis Wife being a Convid Po- 
piih Recufant, and flitt continmng fo. 

Sir Thomas Metham, Knt. Deputy- Lieutenant^ 
Jo made by the Lord Scrope, in CommUKen of the 
Council of the North, and of Oyer ana Terminer^ 
and other Commijftons ofTru/t\ all by Procurement 
of thefstme Lard Priftdent fince the King^s Anfwer ; 
never known to have received the Communion ; his 
two only Daughters brought up to be Papifts, and 
9ne of them lately marryed to Thomas Doleman, 
Efl\ a Popifli Recuiant. 

. The Rt. Hon. Anihoqy Vifcount MonDgue, in 
Commijfion of the Sewers in Suflex j Us Lordjbip a 
Jlecufant Papift 

Sir William Wray, Knt. Deputy ^Lieutenants 
Cobnil of a RigimiHt^ his Wife a R^ufaot. 

Vol.. VIL T 5/r 



J 626. 



7 510 7 he Parliamentary History 

An.». Charles I. S/r Edward Mufgrave, Sir Thomas Lamplugh, 
Jujiices of the Peace tf;/^ Quorum, and Sir Tho- 
mas Savage, Deputy- Lieutenant andjujiice of the 
Peace^ their Wives and Children Recufants. 

Sir Richard Egerton a Non- Communicant- 
Thomas Savage, Efqy a Deputy-Lieutenant^ a 
Recufant j and his Wife indited and prefented. 

William Whitmorc, EJq-^ Cemmiffioner of the 
Suhfidy^ his Wife and Children Recufants. 

Sir Hugh Beefton, Knt. Commiffioner of the Sub- 
ftdy^. his Daughter and many of his Servants Recu- 
fants. 

Sir William Maffie, Knt. Commiffonet for the 
Suhfidy^ his Lady indited for Recuiancy, and his 
Children Papifts. 

Sir William Courtney, Knt. Vice-Warden ef 
the Stannaries, and Deputy- Lieutenant^ a Popifli 
Reculant. 

Sir Thomas Ridley, Knt. Juftice of the Peace^ 
his Wife and eldeft Son Popifli Recufants. 

Sir Ralph Conyers, Knt. Juflice of the Peace f 
his Wife a Popifli Recufant. 

James Lawfon, Efq) a Juflice of the Peace^ 
and one of the Captains of the Trained-Band^ his . 
Children Popifli Recufants, and Servants Non- 
Communicants* 

Sir John SheJley, Knt. and Bart, and William 
Scot, Efq-, Recufants. 

John Finch, ^lq\ not convi^ed, but cffmes not to 
Churchy in Commiffion of th$ Sewers, 

Thefc are all Convi5fed Recusants, or Suffered 

of Popery. 

Sir William Molineux, Knt. Deputy -Lieutenant 
and Juflice of the Peace ^ his Wije a Recufant. 

Sir Richard Houghton, Knt. Deputy Lieutenant^ 
his Wife andfome of his Daughters Recufants. 

Sir William Norris, JTw/. Ciptain of the General - 
Forces^ and Juftice of the Peace, and Sir Gilbert 
JrLland, Knt. Juflice of the Pejce^ Recufants. 

James 



Of ENGLAND, i;: 

James Anderton, Efq\ JmSx£^:bi Pexs^ xtwi* s. 
werfHs Mnjeftfs Ret/ivir:^ his JFft x N:r-Caa- 
municant, bis &« ^vi Hnr i Gro: M^csCizr^ sfst 
bimfiif Jufpeaed. 

Edward Ri^y, £% Ci^ tf :'re Cncptr /x - 
lir/ rf tbi Puit^ bttsty s Good Ccnxsanicsnr^ 
but as Wifi ami Daigbiirs Podi* l2r:idK:n:. 

Edward CrcfwcD, Ifr* 7- "-^ Tr'z:£?ii.j, sz 
Wifi a?o^VitbBihnv 

John Parker, Cm. ihUr^Uir^ fw- La-i- 
fhire, fujpe&Ufm' m Popiih Rer-.arr 

George Ireland, Effi 7%- ^^ '^ » ^ao*, -- 
/^/ /7 Popifh Recofuxt. 

John Preftoo* £/> ; Bss-Bartr /5r in Jfc- 
J^/ in Weftmoie^aDd firrf , js ^Lrraanr 

Thomas Colvill, E% J^^^ ¥ ^^ '^^ ^ 
Qooram, Us Damgbur a witirJbzr. MMr^ntt^ 

Sir Cuihbert Halal, Kgt. Ji/tj^ jf ^ Pia:^^ 
his UT^t a Rcculanr. 

Richard Sberhum^ £^; J^Ha < fir ^^z^. 
lim^ Noa-Rcfidcot, di Wlfi cwC Im Jcc::ir- 
fimts. 

Sir George Heacz.^ jjsr. Xr Fascs Vj^c^^r^ 
Ka. Robert Thorcr-, £4^; Arrtccr Uxjrx^ 
Eff^ WOfiam Dallifao, Eif^ im Cmm:^ :f .-£ 
Sewirs^ and 4fre jnfi^ fu^teiSii ftr Pspit iti^- 
iants. 

Sir Heorj Sidler, Jfc. » Cu»bt'&>c fr 
Middleiez tf»i Wrtmirfrt^ m/ D^tcyL'^i- 
nanU ^d Valentine Sa m rten, Eif,pu ifz*^ \ r 
Ckrks ; ^/A wAifA MrejmMlj jn'^izti tt ueil^r^^ 
feffid in Religion auirdusg tt /ir idt?r if Icsu 

Sir Charles Jonci, Km, DefmiyUacttki^t-^ ^-^ 
"Jufliu 9f tbe Peace ^ Gsofge VI I^jrse, t'ti \hi^ 
tici efthe Peace^ and Edwasd ^^jqi^es^ £jt, tus' 
Wives are all Popifli Recu^uiu. 

William Jones, Eff^ Defuty-LuiCeKaf^. i:U 
Juftlce 9f the Peace^ tis Wife m^^:H u pi t.^ ^ 
pifli Recufant. 

John Vaughan, Captain tf t^A Hrpj J^^T^^-el 
fer Rocurancy. 



2^2 The Parliamentary Hi s t o r t 

An.*.chariesi. Bencdia: Hall, Efq\ Receiver and Stcvjard of the 
i6»6, Dutchy fl/*Lancafter, h^ and his ff^/e are Popifh 
Recufants. 

Sir Thomas Brudenell, KnU and Bart. Deputy- 
Lieutenant^ a Popifli Recufant. 

Cuihbert Heron, Efq\ now Sheriff' of 'i^onhxxm- 
berland, Jujiice of the Peace^ his Wife a Recu- 
fant. 

Sir William Selby, Jun. Knt. Juflice of the 
Peace ^ his Wife a Recufant. 

Sir John Canning, Knt. Juflice of the Peace^ 
his Wife a Sufpedted Recufaitt. 

Sir Ephraim Widdrington, Knt. Juflice of the 
Peace^ Jufpe^ied to be a Recufant. 

Sir Thomas Ridall, Knt. fufliu of the Peace^ 
his Wife and eldeji Son are Recufants. 

John Widdrington, Ejq'y who came out of North- 
umberland before his Majejtfs Proclamation was 
pubUJhed^ and is now at London attending the 
Council-Table by Commandment ^ and yet, not dif 
mifs'd. 

Sir Robert Pierpoint, Juflice of the Peace^ bis 
Wife a Recufant. 

Sir Anthony Brown, Knt. Juflice of the Peace^ 
thought to be a Recufant, hut not Convift, 

Sir Henry Beddingfield, Knt. Deputy- Lieute^ 
nant^ and Juflice in Oyer and Terminer ^ and in 
Commiffion of Sewers^ Juflice of the Peace^ and 
Captain of a Foot Company^ his Wife nor any of bis 
Children^ as is informed^ come to the Church. 

Thomas Sayer, Captain of the Hirfe^ his Wife 
comes not to the Church. 

Sir William Yelverton, Bart, and Juflice if 
the Peace ^ not Sujpe^ed himfelf but his eldefi Son 
and one of his Daughters are Known Recufants. 

Sir Henry Minne, Knt. Juflice of the Peace and 
Quorum, neither he^ his Wife^t or Daughters^ can 
be known to have received the Communion^ and have 
been prefented at the Sefjionsfor Non- Conformity, 

Robert Warren, Clerjt^ a Juflice of the Peace ^ 
^juflly Sujpe^ed^ and that for tkefe Reafons. i. Hi 

being 



Of ENGLAND, i^i 

being in "Trujl for one RatcliflF of Bury, (/(^r^^An.i.charlcii. 
ed^ for the Education of his Son ; he took him >fi*^« 
/rem the School at twelve Tears oldy and fen t h'm he- 
yond the Seas to be brought up there in a Popijh Semi- 
nary ^ where he hath remained fix orfeven Years ^ as 
was generally reported. 2. One of his Parijhoners 
doubted infome Points of ReUgion^ being fick and de- 
fir ed to be fatisfied by him 9 who confirmed him in the 
Religion of the Church ofRomt^ which he told to 
his Brothers before his Deaths who are ready to af- 
firm the fame J but this was divers Tears fince. 
3. There being Letters directed to four Knights of 
that County^ to call the Minifiers and other Officers 
before them^ and to caufe them to prefent all fuch as 
wjented themfetues from the Churchy and were po* 
pt/hly offered 5 be was deftred U prefent thofe within 
bis PariJb'Cburch of WtUordy fome of which he ac- 
cordingly did^ but left out at leafione half\ and being 
q/kedy Why he did fo? He anfwered^ Ihat he was 
no Informer: And being afked of fome Particulars^ 
ffhether they came to the Church or not ? His An- 
fwer was J 7hey did not ; andj fVhy then did he not 
prefent themi Hefaid they m'ght be Anabaptifts or 
Brownifts, and would not prefent tbem\ all this 
certified by three Members of the Houfe. ^. He 
having a Brother dwelling in Sudbury that waspre- 
fented for not coming to the Church, he cdme to one 
of the Minifiers^ and told him, That he took it ill they 
prefented his Brother ^ who anfiuered^ He did it not^ 
but^ if he had known of it^ he would: Whereupon 
he replied^ He was glad he had a Brother of any 
Religion. 5. One of bis Parijhy named Fz^e^ hav- 
ing Int£lligence that there was one of the faid Pa- 
rijh^ that could inform of a prhate Place, where 
Arms were in a Recufant'^ Houfe in the Parijh^ 
came to fome of the Deputy-Lieutenants in Commijfton^ 
for a Warrant to bring the fame in Form before 
them, to be examined concerning the fame^ ana the 
faid Fz%e delvered the Warrant to the Confiabki 
be carried him before the faid Mr. Warren, who 
rated the /aid Fage/ir that he did not come to him 
firfi^ telling him. That he was a fa^'ms Fellow, 

T 3 ani 



ap4 ^^^ Tarliamentary Histort 

Ap. 2. Charles!. ^''^ '^^^ *'''' ^ '*^ -'^^^'^ /'^ ^^^ iJ?2^r5, which the 
1^2$. yj^/i Fage is ready to affirm. 

Sir Benjamin Tichburne, Knt. and Bart. Juf- 

tice of Oyer and Terminer y Juftice of the Peace ^ and 

Deputy-Lieutenant^ and in CommiJJion for the Sub- 

ftdy 5 his Wife^ Children^ and Servants j indicted for 

Popifli Recufancy. 

Sir Richard Tichburne, Knt. Jujiice of the 
Peace ^ his Wife prefented the laft Sejftons^ for hav- 
ing ahfented herfelf from the Church for the Space of 
two Months. 

Sir Henry Compton, Knt. Deputy- Lieutenant^ 
yuflice of the Peace ^ and Commijftoner Jor the Sew-^ 
ers^ fuJpeSled to be a Recufant. 

5/ r John Shelly, Knt. and Bart, himfelf and his 
Lady Rccufants. 

Sir John Gage, Knt. and Bart, a Papift Re-^ 
cufani. 

Sir John Guildford, and Sir Edward Francis, 
Knts. Their Ladies come not to Church. 

Sir Garret Kempe, Knt. fome of his Children 
(ome not to Church. 

Edward Gage, Efq-^ Commiffioner of the Sewers^ 
a Recufant Papift, 

Thomas Middlemore, Efq-, Commifftoner of the 
Sewers^ cames not to Church. 

James Rolls, and William Scot, Efqrs. Com- 
mijftoners of the Sewers, both Recufant Papifts. 

Robert Spiller, Efq\ comes not to Church. 

Sir Henry Guildford, Knt. in Commiffion fer 
Piracies, and for the Sewers, and John Thatcher, 
Efq-y Commijftoner for the Sewers, they are either 
Perfons ConviSJed, orjujily Sufpe5!ed. 

Sir Richard Sandford, Knt. Richard Braithwait, 
ffq-, ^nd Gawen graithwait, Efq^, their tFives 
<if^ Rccufants. 

Sir William Aubrey, Knt, Jufice of the Peac^e^ 
Recufant. 

Rees Williams, Efq^ Jufice of the Peace, his 
ffl/e a Con via Recufant, and his Children popijhly 
kfdi ^s if informed. 

Sir 



O/" E N G L A N D. 115,5 

Sir John Colney, ^^^'^Jfi^^f thi A^^^An...ch.rie.r. 
and iMputy- Lieutenant J ins Wife a Popifli Recu- i€i6« 
fant. 

Morgan Voyle, Ejq\ Juftice of the Peace^ his 
Wife prefentedfor not coming to Churchy but whe- i 

tber Jhi is a Popifli Recufant is not known. 

John Warren, Captain of the Trained-Band^ 
ene of his Sons Sufpe^ed to be ropijhly Affe^ed. 

Wherefore they humbly befeech your Majefty^ not to 
fuffer your loving Subje^s to continue any longer dif 
couraged^ by the apparent Senfe of that Increafe both 
in Number and Power ^ which^ by the Favour and 
Countenance of fuch like ill-affecfed Governors^ ac^ 
erewetb to the PopUh Party ; but that according to 
your own Wifdom^ Goodnefs^ and Piety ^ (whereof 
they reft ajfured) you will be gracioujly plea fed to 
eommand that Anjwer of your Majejlfs to be effeSfual- 
ly obferved (z) ; and the Parties above- named^ and all 
Jkch others to be put out of fuch Commiffions and Places 
ef Authority^ wherein they now are^ in your Majejiy^s 
Kealm of England, contrary to the A^s and Laws 
of State in that Behalf. , 

The next Thing of Note that we find thg Com- 
mons went upon was, to prepare a Declaration, 
by way of Anfwer to the King's Letter about the 
Supply. This was read in the Houfe and agreed 
to June the 14th, and ordered to be prefented to 
his Majefty by the Speaker, attended by the whole 
Houfe. Mr. Rujhworth tells us that this Declara- 
tion was prefented, and has given us the Speaker's 
Oration to the King at the doing of it ; but fays 
that the Copy of the Inftrument itfelf he could not 
find. Yet, it does not feem clear, by the Journals^ 
that it was prefented at all 5 for they only inform 
us of a Meflage fent to the King, by four of their 
Members, to defire Accefs to his Majefty, when 
it (hould Hand with his Pleafure to admit the Spea- 
ker and the whole Houfe to his Prefence. It was 
reporteij back by one of the Gentlemen, * That 

they 

(») Sec Vol. VI. p. 37S. 



9.^6 TbeTaf^liammafyHisroKY 

4U.ft.chtriai.they fhould have an Anfwer to their Meflage To- 
iM* morrow Morning.* 

The next Day, June the isth, loon after Ae 
Commons were met, and had done ibme Bufineis, 
Mr. MaxwiU^ Gentleman>Ufher of the Black-Rod, 
came down to the Houfe, and acquainted them, 
* That the Lords defired the Commons to come 
up to them, to hear a Commiffioo read for tbe 
Diflblution of this Parliament. Whereupon, Mr. 
Speaker, with the Houfe, went up accordingly.' 

We fhallgive the Speaker's Oration to the Ki% 
on the Delivery of the Declaration, as above men- 
tioned, from the ColUSlhns^ fince we have no other 
Authority $ the Purport of which, tho' the other be 
loft, expreiles, in fome Meafure, the Nature of 
that Inftrument.' 



TbeCcmmons 
^niWer to the 
fCiiig*! Letter to 
their Speaker* 



Moji Gracious and Dread Sovereign^ 

According to that Liberty of Acceft and 
Liberty of Speech, which your Majefty 
apd your Royal Progenitors have ever vouchb- 
fed to your Houfe of Commons ; your Majefty'i 
moll humble and loyal Subjedb, the Commons 
now aflembled in Parliament, have been Suitors 
for this Accefs to your Royal Throne. 

* And out of their Confideraiion of the Nature, 
and of the Weight and Importance of the Bu- 
fineis, they have thought the Attendance of tbe 
whole Houfe, with their Speaker, not too fo 
lemn ; and yet they have not thought fit barely 
to commit thofe Words, which exprefe the«r 
Thoughts, to the Truft of any Man's Speech ; 
but are bold to prefent them in Writing to your 
gracious Hands, that they may not vanifh, but be 
more lading than the moft powerful Words of a 
more able Speaker are like to be^ 

* I have much to read, and (hall therefore, a| 
little as I can, weary your Majefty with Speeches* 
^ This Parchment contains two Things, the 
one by way of Declaration, to give your Maje- 
fty an Account and humble Satisfa£lion of their 

€!^^r a«d fio^w Eqd?avpyr§ awd inceptions in 



Of EN G LAND, ^^y 

your Majeft/s Senrice ; and the other, an hum- Aa.». cbarkti. 
ble Petition to your Majefty, for the Removal >^* 
of that great Perfon, the Duke of Buckingham^ 
from Acxefs to your Royal Prefence. 
« For the firft. They befeech your moft excel- 
lent Majefty to believe, that no earthly Thing 
is fo dear and precious to them, as that your Ma- 
jefty (hould retain them in your Grace and good 
Opinion ; and it is Grief to them, beyond my 
Expreflion, that any Mifinformation, or Mifin- 
terpretation, (hould at any Time render their 
Words or Proceeding? offenfive to your Majefty. 
^ It is not proper for any one to hear the £cho 
of a Voice, that hears not the Voice ; and if 
Echo's be fometimes heard to double and re- 
double, the Echo of the Echo is ftill fainter, 
and founds not louder. 

• I need not make the Application : Words mif- 
reported, tho' by an Echo, or but an Echo of 
an Echo, at a third or fourth Hand, have oft 
a louder Sound than the Voice itfelf ; and may 
found Difloyalty, tho' the Voice had nothing 
undutiful ordifloyal in it. 

* Such Mifinformations, they fear, have begot 
Interruptions and Diverfions, which have delayed 
the ripening and expedititing of thofe great Coun- 
fcls, which concern your Majefty's important 
Service, and have enforced this Declaration. 

* I pa^ from that to the Petition, in which my 
Purpofe is not to urge tfiofe Reafons, which 
your Majefty may hearexprefled in their own 
Words, in the Language of the People. 

« I am only direfted to offer to your great Wif- 
dom, and deep Judgment, that this Petition of 
theirs is fuch, as may ftand with your Majefty's 
Honour and Juftice tc grant. 

• Your Majefty hath been pleafed to give many 
royal Teftimonies and Arguments to the Worlds 
hovv^ good and gracious a Mafter you are ; and 
that, which the Queen of Sheba once faid to the 
Wlfeft King, fpay without Flattery be (aid to 



15^8 The Parliamentary History 

Ao.ft.Ciiarkil.' your Majeftjr, Happy are tbofi Servants wbid 
i6i6. ' ftand continually before you. 

* But the Relations by which your Majefty 
(lands in a gracious Afpe£t towards your People, 
do far tranfcend, and are more prevalent and 
binding, than any Relation of a Mafter towards 
a Servant ; and to hear and fatisfy the juft and 
neceffary Dcfires of your People, is more ho- 
nourable than any Exprefiion of Grace to a Ser^ 
vant. 

* To be a Mafter of a Servant* is communicable 
to many of your Subjedls ; to be King of a People, 
is Regal, and incommunicable to Subje<5ts. 

* Your Majefty is truly ftiled by that Name, 
which the greateft Emperors, tho* they borrow- 
ed Names and Titles from thofe Countries which 
they gain'd by Conqueft, moft delighted in. Pa- 
ter Patria. And the Defires of Children are 
preferred before thofe of Servants; for the &r- . 
vant abideth not in the Houfe for ever ^ bta the Son 
abideth ever,' 

' The Government of a King was truly termM 
by your Royal Father, A politic Marriage between 
him and his People ; and, I may fafely fay. There 
was never a belter Union between ^ married Pair, 
than is between your Majefty and your People/ 

When the Lords had Notice of the Commlflion 
for diftblvitig this Parliament, the Houfe feemed to 
be much concerned at it ; and, immediately, join- 
ed in an humble Remonftrance to the King to pre- 
vent it. The Tenor whereof foUoweth : 

May it pleafe your Excellent Majefty, 

he Lords Peti- T/^E Jf^^ faithful and loyal Subje^s, the PjUrs 
on u the King Vr ^f* /y^/j Kingdom j having received this Mom* 

r^'e ?Lt^"ir^'^^ ^ ^'P^' f''"^ y^r ^^i'^y^ intimating an A- 
tention to dijfolve this Parliament; rememiring 

that we are your Majejl/s hereditary great Council 

of the Kingdom^ do conceive^ that we cannot diferve 

your Majejiy's gracious Opinion expreffedin this Mef- 

. A* 



tion 



Of 



E N G LAND. app 



fagi unto us, nor difibarge our Duty to God^ ytnir ko^%*OM\MU 
Mcgefiy^ and our Country^ if^ after ExpreJJion of '^*^* 
$ur great and univerfal Sorrow^ we did not humbly 
offer our loyal and faithful Jdvue to continue this 
Parliament ; by which thofe great and apparent Dan* 
gers at home and abroad^ ftgnified unto us by your 
Majefty*s Command^ may be prevented^ and your Ma- 
jefty made happy in the Duty and Love of your 
People^ which we hold the greatefi Safety and Trea^ 
fury of a King ; for the effecting whereof^ our humble 
arid faithful Endeavour /ball never be wanting. 

This Petition was prefcnted to the King by the 
Earl of Manchejler^ Lord Prcfident of the Council, 
with the Earls of Pembroke^ Carlijle^ and Holland ; 
who befought his Majefty to give Audience to the 
Whole Hotfe of Peers on this Account : But the . . , 
King anfwered. That bis Rejilutm was u h^ni^t^l ,ta 
Motion for that Purpofe ; but that he would dij/olve infbiniiyiiffolvH 
the Parliament. Accordingly a Commiflion, in^^^n* 
the ufual Form, under the Great Seal, was fent to 
the Houfe of Lords, which put an End to this Par- 
liament.^ — Saunderfon fays that the King's Words 
to the Lords, that came to intercede for a longer 
Sitting, were, No^ not a Minute! And that the 
very feme Day that the Parliament was diffolved, 
the Earl of Arundel was confined to his Houfe, and 
the Earl of Briftol committed to the Tower by the 
King's Order {a). 

Mr. Rujbworth hath left us a Copy of a Re- 
monjtrance^ which, he fays, the Commons intend- 
ed to have prefented to the King ; as alfo another 
of a Declaration from his Majefty, containing his 
Rcafons for the Diffolution of this and the forego- 
ing Parliaments. As thefe Inftruments are direft- 
ly Contrafts to one another; they, together, make 
up all that can be faid on either Side, for the Con- 
duit of King and Parliament, in the late unhappy 
Difegreement between them. They were as 
fol]o\lvs: . 

\fi) Hit of Cbarh I. p, 5^, 



3^^ ^-^ ^^rli^fnentary Hi s to r y 

^»-^J*«'' 7fo KING*; DECLARATION. 

rHE King's Moji Excellent Majeftj^ finu Us 
happy Accefi to the Imperial Crown of this Reakt 

2r!fo^diff r***^*^* ^ ^" ^^^ -«^a/A^r/Vj», fummoned and affem- 
lag tiJpu^r Med ttV9 fever al Parliaments ; the firjl whereof ms 
in Auguft laji^ by Adjournment held at Oxford, ani 
there dijfohed \ and the other begun in February UL 
and continued untill the 15/A Day of this prefent 
Month of June, and then^ to the unfpeaicdfle Gruf 
of him/elf and^ as he betievethy of all his good aid 
welUaffeiled Subje^ls^ dijfolved alfo : Although be wtU 
knoweth^ that the Callings Adjourning^ Proroguing^ 
and Diffolving of Parliaments^ being his great Coun- 
cil of the Kingdom^ do peculiarly belong unto himjeVy 
by an undoubted Prerogative infeparably united to mi 
Imperial Crown ; of which, as of his other Royal 
Anions, he is not bound to give an Account to any bat 
to God only, whofe immediate Lieutenant and f^ct' 
gerent he is in thefe Realms and Dominions^ bj the 
divine Providence committed to his Charge ana Go* 
vernment : let forafmuch as, by the Affifiante of the 
Almighty, his Purpofe is fo to order himfelf^ and all 
his Aoiions, efpecially in the great and puhh'e ASfions 
of State, concerning the Weal of his Kingdoms^ m 
may jufiify him] elf, not only to his own Confcience, 
and to his own People, but to the whole WorU ; bis 
Majefiy hath thought it fit and necejfary, as the Af 
fairs now fland both at home and abroad, to make a 
true, plain, and clear Declaration of the Caufis 
which moved his Majefiy to affemble, and after erfor* 
ced him to diffilve thefe Parliaments 5 that fo the 
Mouth of Malice itfelf may be flopped, and the Doubts 
and Fears of his own good Subje^s at home^ and of 
his Friends and Allies abroad, may be fatisfied, and 
the deferved Blame of thefe fo unhappy Accidents may 
light upon the Authors thereof. 

When his Majejiy, by the Death of his Dear and 
Jioyal Father, of ever-bleffed Memory, firfl came to 
the Crown^ he found himfelf engaged in a War with 
a potent Enemy \ not i4ndert(fien ra/bfy^ nor without 



CY E N G L A N D. 301 

juji and honour aUi Grounds ^ bat enforced for the ne-An* t. Cbariei U 
iejfary Defence of himjelf and his Dominions^ for the '^*- 
St^ort ^ his Friends and Allies^ for the redeeming 
cf the antient Honour of this Nation^ for the reco- 
vering of the Patrimony of his dear Sijier^ her Con- 
fort^ and their Children J injurioujly J ana under Colour 
of treaties and Friendjhip^ taken from them^ and 
for the Maintenance of the true Religion ; and in- 
vited thereunto^ and encouraged therein^i h ^*^ humble 
Advice of both Houfes of Parliament^ and by their 
large Promifes and Protejiations to bis late Majejly^ 
to give him full and real Afftjlance in thofe Enter^ 
prizes^ which were of fo great Importance to this 
Realm J and to the general Peace and Safety of all 
his. Friends and Allies : But when his Majejly entered 
into a View of his Treafure^ he found how ill provi- 
ded be was to proceed effe^ualff with fo great an 
jtifionj unlefs he might be affured to receive fuch 
Supplies from his loving SubjeSfs^ as might enable 
bitn to manage the fame. 

Hereupon his Megefiy^ being wiWng to tread in 

the Steps of his Royal Progenitors, for the Trtaiing of 

good and wholefome Laws for the better Government 

rf his People^ for the right under (landing of their 

true Grievances^ and for the Supply of Monies to be 

employed for thofe pabHc Services^ he did refdve to 

fummon a Parliament with all the convenient Speed he 

might I and finding a former ParRament akeady cal' 

led in the Life of his Father^ he was deftrous^ for the 

fpeedier Dijpatch of his weighty Affairs ^ and gaining 

of Isme^ to have continued the fame^ without any 

Alteration of the Members thereof had be not been 

advifed to the contrary by his Judges and Ccunfel at 

Law ; for that it had been fuhjeSl to ^ejlton in 

LaWy which he dejired to avoid: But^ as foon as pof 

fiUy be could, bejummoned a new Parliament ; which 

he did with much Confidence and AJfurance of the Love 

of his People, that thofe (who had^ not long before, 

with fome Importunity, won his Father to break off 

bis former Treaties with Spain, and, to effeSi it, had 

ufed the Mediation of his .now Majejly, being then 

Prince, 



1626. 



3 a 7 he Tarliamentary History 

An. ». Charles I. Pr/w^^ and a Member of the Parliament ^ and hdi 
promt fed in Parliament their utmojl AJfi/lance for the 
enabling of his late Majejiy to undergo the War^ 
winch they then forefaw might follow) would ajjuredlf 
have performed it to his now Majejiy ; and would not 
have fuffered him^ in his firji Enterprize of Jo great 
an Expectation^ to have run the leajl Hazard thri 
their Defaults. 

This Parliament {after fome Adjournment ^ hy rea- 

Jon of his Majejtys unavoidable Occaftom interpoftng) 

being affembledon the isth Day of June, it is true^ 

that his Commons in Parlamenty taking into their 

due and ferious Confederation the manifold Occaftom 

which ^ at his firft Entry ^ did prefs his Majejiy \ and 

his mojf important Affairs^ whichy both at home and 

abroad^ were then in A^ion \ did^ with great Readi^ 

nefs and Alacrity ^ as a Pledge of their mofl boundin 

Duty and Thankfulnefs^ and as the firfl Fruits of the 

mojl dutiful AffeClions of his loving and loyal Su^effs^ 

devoted to his Service^ prefent his Majefly with the 

free and cheerful Gift of two entire Subfidies ; which 

thdr Gifty and much more the Freenefs and Hear* 

tinefs expreffed in the giving thereof], his Majefy 

did thankfully and lovingly accept : But when he bad 

more narrowly entered into the Confederation of his 

great Affairs^ wherein he was embarked ^ and from 

which he could not^ without much Dijhonour and Dif- 

advantage ^ withdraw bis Hand^ be found that this. 

Sum of Money was much Ihort of that whicb^ ofNi" 

cejftty^ mufl be prefent ly expended^ for the fetting fot'^ 

ward of thofe great Ailions ; which ^ by Advice of bis 

Council he had undertaken^ and were that Summer t$ 

be purjued. This his Majejiy imparted to his Com* 

mons Houfe of Parliament ; but before the fame could 

receive that Debate and due Confederation which was 

fit^ the fearful Vifitation of the Plague in and about 

the Cities of London and Weftminfter, (where the 

Lords and the principal Gentlemen of ^ality of his 

whole Kingdom were^ for the Time of this their Ser» 

v.'ce^ lodged and abiding) did fo much increafij that 

his A'ajcjly, without extreme Peril to the Lives of bis 

good 



0/ E N Q L A N D, 303 

good Subje^Sy whith were dear unto Jnmj could not Ao* a. CWlei I. 
continue the Parliament any longer in that Place^ 

tiisMajeJiy therefore^ on the eleventh Day g^July 
then following^ adjourned the Parliament fromV^t^-^ 
minfter, until the fit ft Day of Auguft then follow- 
ing^ at the City of Oxford: And his Majefty was 
Jo careful to accomodate Us Lords and Commons there^ 
that as he made Choice of that Place^ bring then the 
freeji of all others from the Danger of that grievous 
Sicine/si fo he there fitted the Parliament- Men with 
<ill Things convenient for their Entertainment : And 
his Majejly himfelf being in his own Heart fincere^ 
and free from all Ends upon his People^ which the 
Searcher of Hearts befi inowethj he little expeffed^ 
that any Mifconjtruliion of his Actions would have 
been made as he there found. But when the Parli-- 
tnent had been a while ajjembled^ and his Majejly* s 
Jffairs opened unto them, and a further Supply de^ 
ftred^ as Necefftty required ; he found them fi fiow, 
and fo full of Delays and Diverfions in their Kejoluti^ 
0ns J that before any Thing could be determined^ the 
fearful Contagion daily increafed, and was dijperfed 
into all Parts of this Kingdom ; and came home even 
to their Doors where they qffembled. His Majejly 
therefore^ rather preferred the Safety of his People 
from that prefent and vifible Danger^ than provi- 
ded for that which was more remote^ but no lefs dan-- 
gerous to the State of this Kingdom^ and of the Affairs 
etj that Part oj Chrijlendom^ which then were, and 
yet are in Friend/hip and Jflliance with his Majeffy. 
And thereupon^ his Maje/lyy not being then able to 
difcern when it might pleafe God to ftay his Hand of 
Vifitation^ nor what Place might be more fecure than 
ether J nor what Time convenient for their reajfem- 
tling^ dlffilved that Parliament. 

That Parliament being now ended^ hii Majejly did 
not therewith cafi off his Royal Care of his great and 
important Affairs \ but, by the Advice of his Privy 
Council, ana of his Council ofU^ar, he continued his 
Preparations, and former Re foluti on s\ and therein 
net only expended ihofe Monies^ which ^ by the tivo 

Sub' 



304 The Parliamentary Hi story 

Sin.%.CYin\n\.Subftdie5 afgrefaid^ were gtven unto him for btsna 
1626. private Vfe^ whereof he had too taucb OccafioM ss it 
found the State of his Exchequer at hisftrft Entramt\ 
hut added much more of his own^ as iy bis CmSt^ 
and the Credit of fome of hs ServamiSy be tarn aUi 
to compafs the fame. At lafty by much Di/aehantagef 
by the retarding of Prmfions^ and UncortMHtj ^ 
the Means^ his Navy was prepared and Jit to ieo\ 
and the Deftgns unto which they were fent and f^ 
daily dire^ed^ were fo probable^ and fo well aiwjid% 
that^ had they not mifcarried in the Execntien^ bit 
Majejiy is wellajfitred they would have given good^ 
tisfaSfion^ not only to his own People^ but to aU tk 
IVorldy that they were not light fy or unadvifediy under* 
taken and purfued: But it pieafed God^ who is ik 
Lord cf Hofls^ and unto whofe Providence and pd 
Pleafure his Majefty dotb^ and Jhall fiibmit bsmf^^ 
and all his Endeavours^ not to give that Succefi wim 
was defired : And yet were thofe Attempts not aho' 
get her fo frtntkfs as the Envy of the limes baA 
apprehended^ the Enemy receiving thereby m JkJt 
Lofs^ nor our Party no little Advantage. Jai it 
would much avail to further his Mqfejlfs greet 
Affairs^ and the Peace of Chriftendom^ which ongb^ 
to be the true End of all HoJiiHty, were thefefirjt 
Beginnings J which are moft fubje^to mifcarry^ wot 
feconded andpurfued^ as his Maje/ly intended ; and ah 
in the Judgment of all Men converfant in A^ions^ 
this Nature^ were ft not to have been negle&ed, 

Ihefe Things being thus a^ed^ andGod^ ^his it^* 
nite Goodne/Sy beyond ExpeSlation^ ajjwaging the Rage 
of the Peftilence^ and^tn a Manner^ of a fuddenre* 
Jioring Health and Safety to the Cities qf London and 
Wcftminfter, which are the fittefi Places for the 
Refort of his Majefly^ his Lords and Commons^ to 
meet in Parliament^ his Majejiy^ in the Depth of 
fVinter^ nojooner de/cried the Probability of a Jafe 
affemhUng of his People^ andy in his princely Wifilom 
and Providence I forefaw^ that if the Opportunity of 
Seafons /hould be omitted^ Preparations ^ both defenfnA 
and offenftve could not be made in fuck Sort as was re* 

fuiftte 



Of ENGLAND. 305 

fuifite for their common Safety^ but be advifed andAxL%,cy^rluh 

rkfohjed of the Jummomng of a new Parliament ; '**^« 

where be might freely communicate the NeceJJities of the 

State^ and have the Counfel and Advce of the Lords and 

Commtns in Parliament^ who were the Reprefenta* 

five Body of the whole Kingdom ; and that this great 

Council of the Realm, might proceed in tbofe Enter- 

prizes, and be enabled thereunto, which concern the 

iommon Gocd, Safety, and Honour both of Prince and 

People \ and accordingly, the fixthof Y&XMKVf lali, 

M new Parliament was begun. At the fir ft Meeting 

his Majefty did forbear to prefs them with any Thing 

which might have the lea ft Appearance of his awn In* 

tereft ; but recommended unto them the Care of making 

good LawSf which are the ordinary Subje^ for a Par^ 

Uament, 

His Majejly believing that they could not have 
Jeered many Days, much lejs many Weeks, to have 
faffed by, before the Apprehenfion and Care of the 
common Safety of this Kingdom, and the true Religion 
profefs*d and maintained therein, and of our Friends 
and Allies who mujl prejper or fufier with us, would 
have led them to a due and timely Confideration of all 
the Means which might bejl conduce to thofe Ends ; 
tvhicbthe Lords of the Higher Houje, by a Committee 
§f that Houfe, did timely and feafonably confider of^ 
and invited the Commons to a Conference concerning 
that great Bufinefs : At which Conference there were 
opened unto them the great Occafions which prefjed his 
Mcgefly ; which making no Imprejfion with them, his 
Mctjejiy did, firjl by Meffage, and after by Letters, 
put the Houfe of Commons in mind of that which was 
moft necejfary, the Defence of the Kingdom, with due 
and timely Preparations for the fame. 

The Commons Houfe, after this^ upon the 2'jth of 
March lafi, with one unanimous Confent at firfl^ a- 
greed to give unto bis Mojefly three entire Sublidies, 
and three Fifteens, for a prefent Supply unto him i 
and, upon the z6 th of April after, upon fecond Cogi^ 
tations, they added a Fourth Subfidy ; and ordered 
the Days of Payment for them all, whereof the fir (I 

Vol. VII. U Omli 



5 o6 The Tarliamentary History 

AA.%.CUik^\.jlMiHhavi ban on tbekfi D^ rftbis prtfeni Juk 
■•^* Upon this the King of Denmark, and other Prm 
and Statesy being iugagod with hii Mqfijfy in it 
tommon Gaufe^ his Adahfly fitted bis Occaftwi mm- 
ding to the Times which were appointed for the tit 
ment of thofi Subfidies and Fifteens ; and bqfttdn 
the Lords Committes^ and his CmucilofWar^ top' 
fe£i their Refoktions for the ordering and fett&iii\ 
his Defigns \ which they accordingly did^ and imfK 
them. to that Maturity ^ that thp found mo Im^ 
ment to a final Conclufson of their Counfels^ kit wei 
of Money to put Things into Action. His M^ 
hereupon^ who had^ with much Patience^ esepe&edie 
real Performance of that %vbich the Commons M 
promijed » finding the Time of the tear pofiing Mjfi 
and having Inielligence not only from his own Md- 
jiers and SulgeSfs in foreign PartSj but from allPerti 
of Chriftcndom, of the great and fowirfid tot 
parailons of the King of Spain, and etat bis Dtfp 
was upon this Kingdm^ or the Kingdom ^Irdiadi 
or bdtby {and it is bard to determine tvbitb of tbm 
would be of worfi Confequence) he acquainted tbe H/^ 
of Commons therewith \ and laid open unto ebeminil 
and clearly^ how the State of Things then fteod^ ed 
yetjiandy and at fever al Times^ and upon feveralOc' 
cajiotis^ reiterctea the fame : But that kbu/e^ (Mf 
abujed by the violent and ill-advififd PafJSenirfafen 
Members of the Houfi^ for private and perfoeeal&nt% 
ill^befeeming public Perfons trujled by their CetcnSey^ 
as then tkey were) not only negte^ed^ hut wi^u^ re- 
fufed to hearken to all the gentle Admonitions wloA bis 
Majefty could give them \ and neither did nor wonU 
intend any Things but the Profecution of one of the 
Peers of this Realm^ and that in fuch a dtfirdered 
Manner^ as bcif/g fet at their own Inflance into e 
legal fVayy wherein the Proofs en either Part wonU 
have ruled the Caiife, which his Ma]efiy aUewei% 
they were not thereiuith content i but^ in their intern^ 
pcrate Paffions^ and Dcjires to fetk far Errors in 
^nother^ fell into a greater En or tkemjelves\ andnet 
orjy nsgle&ed to give jujl Sjtiif action to his Megefiy 

in 



or E N G L A N D. 307 

In feveral Cafes which hafpentdcBn^rning his jR/'^^-Ao.i.CbarletJU 
Uty^ hut ivhdlfy ftrgottkrir Engagements to his Ma^ '***• 
j^iflr the public Defeme tf the Realm : TVhereupeH 
his Majejh wrote the forementioned Letter to the 
tpiater, dated the 9/* Day 9^ Junej 1626. 

Notwith/landif/g whith Letter read in the Houfe^ 
biing a clear and gracious Manifejiation efhis Afo- 
j^*S Rejolutions^ they never fo much as admitted one 
Riading to theBillofS\ibM\ts ; hut^ infieadthereo/^ 
ibif prepared and voted a Remcnjirance or Dedaro'- 
thui which they intended to prefer to his Afofefiyy cen» 
^ttingy (tho* palliated with glojjing Therms) as well 
ntehiy dijhonmrabli Ajperfions upon his Majejlji and 
UpM thi Sacred Memory of his deceafed Father^ as 
itffi dilatory Epctojes for their not proceeding with the 
Sutfi£eSi adding thereto alfo coloured Condit onSy crof 
JfUg thereby his Mdjejlfs DireSiion ; which his Ma^ 
Jifty underjlandingy and efteeming it^ as he hadCaufe^ 
■ Ofiia Henial of the promifed Supply ; and finding 
itat no j/dmonitions could mor/e^ no Reajons or Perjua-^ 
/Iwfx could prevail^ {when the Time was Jo far /pent 
fbat ihiy had put an Impojpbility upon themfelves to 
perform their Promifes^ and when they ejleenj'd all gra- 
iiottS MeJJcfgei unto them to be but Interruptions) his 
Mcgifty^ upon mature Advifement^ difceming that all 
fattier Patience would prove fruitle/sj did, on the 
fiftiinth Day of this trefent June, dijjolve this un^ 
happy Parliament ; the affing whereof as it was to 
bis Majefty an unexpreffible Grief fo the Memory 
tbireofdoth renew the hearty Sorrow^ which allhi^good 
dftd well- offered SubjeSfswill compajftonate with him. 
Tbefe Pajdges his Mc^ejiy hath at the more Lengthy 
end with the true Circumjtances thereof^ expreffedand 
pttMiJbed to the fVorld^ left that^ which hath been un- 
Jiftunate in itfelf^ ihrf the Malice of the Authors of 
fi gteat a Mi/chef^ and the malevolent Report of 
fneb as are ill-affiefed to the St ate ^ of the true Reli- 
givn here profeffedj or the Fears or Jealoufies of 
friends and dutiful Subje^s^ might be made more un^ 
foti unate in the Conjequencei of it \ which may be of 
worje Effect than at firfl can be well apprehended : 
Ami bis Mcujly being befl privy to the Integrity of his- 



3^8 Tbi Parliamentary History 

An. a. Charles \.own Hearty f Of -the c$nflant maintaining of the Sin* 
i6a6. (grity and Unity of the true Riligion profeffed in tbi 
Church of EiigUndf and to free it from the open Coh* 
tagion rf Popery, and fecret Infedfion ^Schifni; 
of both which^ by his public A^s arid Anions ^ be bath 
given good Tejiimony^ and with aftngle Hearty as in 
the Prefence of Gody who can beji judge thereof y pwr- 
pofetb refobiteiy and constantly to proceed in the due Ex- 
ecution of either ; and obferving the Subtilty of the 
edverfe Party^ he<annot but.believe the Handofjoib 
hath been in this Dijaflery that the common IncenHa^ 
r/w.^Chriftendom have fubtiUy andfecretly infinu- 
medthofe "Things^ which unhappily (^and^ asbisMa' 
jelly hopeth^ beyond the Intentions of the jfldiors) boot 
eaufed'tbeje Uiverfions andDiJira^ions \ and yet net- 
zo-iihjlandingj bis Moft Excellent MajeJJy^ for the 
Comfort of bis good and. well-affeSfed Su^e^is^ in 
whofe Loves he doth repofe himfelf with Confidence^ 
and efteemeth it as hisgreatejl Riches ; for the qffif 
ring of his Friends and AllieSy with whonty by God's 
Jj/i/iance^ he will not brea^^ in the Sub/lance of what 
he hath undertaken ;. for the dlfcouraging of his Ad- 
verfariesy and the Adverfaries of his Caufe^ and of 
his Dominions and Religion ; hath put on this Refilu- 
tiony which he doth hereby publijh to all the World: 
^hat as God hath made him King of this great People^ 
and large Dominions ^ famous in former Ages both by 
Land and Sea^ and trufied him to be a Father and 
Protester skoth of their Perfons and Fortunes^ and a ' 
Defender of the Faith and true Religion^ Jo he will 
go on cheerfully arJ conflantly in the Defence thereof i 
andy notwithjlandi.ngjo many Difficulties and Difcou^ 
ragementSy will take his Sword and Sceptre into bis 

• Hand^ and not expofe the Perfons of the People com" 
mitted to his Chirge to the unfatiable Defires of the 
King ^ Spain, who hath long tHrJied after the Vni- 
verfal Monarchy^ nor their Confciences to the Yole of 
the Pope ^Kiome: And that at home be. will tale 
that Care to redrefs the jvji Grievances of bis good 
Sifbje^s^ as /l^ll be every IVay fit for a good King. 

• And in the mean Ime his Majefty, doth publijb ttis 
/:- (Ji his loving Subje£is^ that tbey may inow what 

t$ 



;0/" E NG LAND, jop 

to thinl with Truth:, and J^edk with Duty^ of iisAn.t OnrittU 
Majefifs Anions and Procee^ngs in thefe 'two hji i6*^«^ 
diffo^e4 Parliaments. 

The intended REMOtieTRANCB of the Commons. 
■ ' ■ ■ ■ . 

Mojl Gracious Sovereign^ 

T.T7TE your loyal and faithful Subjeasy the The Commons 
V V Commons affembled by your Majefty'^Rcmonftrmcc, 
moft Royal Authority in this prefent PaVliamcnt, jjY^"^^^'^^^^ 
having, with all dutiful Affeftion, from theingg' 
Time of our firft Meeting, carncftly endeavour- 
ed to proceed fpeedily In thofe Affairs, that raight 
beft and fooneft conduce to our Difpatch of the 
intended Supply of your Majefty's great Defighs, 
to the Enlargement of your Support, and to the 
enabling of ourfehres, and them whom we repre- 
fent, to the full ind timely Performance of the 
fame; have notwithftanding, by reafon of divers 
Mifinfbrmations, Interroptionsj tfnd other Pre- 
ventions, been hitherto fo retarded in the Profecu- 
tion of thefe Affairs, that we now thought it a 
neceflary Part of our moft humble Duties thus 
to declare both thofe Interruptions and Preven- 
tions, with the true, original, and continual Caufe 
of them ; as alfo, our- moft earneft Devotion to 
the parliamentary Service of your moft Excel- 
lent Majefty, and to the careful Safety and De- 
fence of your Dominions, Crown and Dignity : 
And we moft humbly, therefore, befeech your 
moft Excellent Majefty, to be gracioufly pleafed 
here to caft your Eye on feme Particulars, that 
have Relation, as well to your firft Parliament, 
as to this ; out of which we cannot doubt, but 
that your great Goodnefs may receive an ample 
Satisfaction touching our moft loyal and faithful 
Intentions. ' 
* In the firft Parliament of the firft Year of 

Sur Majefty *s moft happy Reign over us, the 
mroons then affembled, after they had chear- 
fuliy- prefented to your Majefty, as the firft 
Fruits of their AfFeftions, two entire Subfidies, 

Us ' were 



Ams.Qttrkil. 



310 The T^arliifmentarf History 

were exceedingly prefied by the Mean^ of the 
Duke of BHciingham» 4n<l for his owp EodSf ai 
we conceive, to enlarge thai Supply i whidi 
when he conceived would not be there efieSedi 
he procured t. for the (ame Endst from your Ma- 
jelly, an Adjournment of the Parliament to the 
City of Oxford i where the CommoDS^ then 
taking into yifk Confideration, the great Mif- 
^chiefs which this Kingdotn variquily hath fuffier- 
ed» und that chiefly by reafon pf the exorbitant 
Power, and frequent Miidoings of the faid Dukes 
were entering into 4 pariian^ntary Courfe of 
Examioation. of tho($ Mifchicb) Power, apd 
MifiipingB : But no fooner wat there any Meo« 
tbn ipade of his N^tne to thi9 Purpofo, but that 
he,: fearing left bia A^iona might U> bav^ hcea 
too much laM open to the View of you^ oioft 
Excellent Majefty,t anct to the* JMft Geuiur« that 
might then have followed i prefenUy^ thfoi^h 
his Mffinforfaationa tp your Majefty^ of tbe In« 
tentions of your faid Cpmmon99 (as. wo have 
juft C^ufc to believe) procured a Difiblutioo of 
the faid Parliamem: And after wards, nUo^ in 
the fame Year, through divers Mifreports ouKif 
to your Majefty in his Behalf, toi^ching ibmc 
Members of the iaid Commons, who ha4 more 
particularly drawn his Name into juft Queftbiu 
and juftly profefied theinfeives averfe to bia Endi 
there, procured, ^ we cannot but conceive, the 
faid Members to be made Sherifis of leveral 0>un« 
ties fot this Year that followed (^) ; to the end 
that they might have all been preci^dod from 
beiog chofen Members of the pref^nt Parliament, 
left they (hculd again have there queftiooed him i 
and, by the like Pr4£bice alfo, ( as we are per* 
fuaded ) he procured, foon after the laid Diflolu* 
tion, another {c) Member of the faid Houie, be* 
caufe he had juftly profefTed himfelf againft bit 
Ends, to be fent as Secretary of your Ma^fty't 

« laft 

{^) Siv EtUffard CQkt, and othen. See Vol. VI. P^4sa. 

(c) Mr. Gianvi/f, one of the Mftnagen of the Charge MgUM& 
the Duke, ike P. 71. 



(y E N G L AN D. 311 

-laft Fleet, hereby indeed to punifb him, by fuch An. x. Chulet f. 
drawing bim. from his Pradlice of the Law» '^(" 
which was his Profefiion, under Colour of an 
honourable lEmpdoyment. 
^ It pleafed your Majefty afterwards^ in Fiiru^ 
aryhtt^ to call this prdent Parliament ; wherein, 
though none of thofe, whom the laid Duke had 
fo procured to be made High Sheriffs^ have fate 
as Members ; vet we (finding in ourfefves the like 
Affe£lbn, iirfty to the Service of your Majef- 
tyy and next, to the Good of the Common- 
wealth) took into ferious Confideratibn feve* 
ral Propoiitions ; bow, for the Safety and' Hap^ 
pineis of your Majefty's Kingdoms and Allies, 
we might enlarge your Supports, and add to the 
military Strength without Charge to the poorer 
Sort of your Subjects j and ^ve a larger Supply 
to your Majeily, for your inllant and prefling 
Qccafions, than hath ever yet, but once, been 
given in Parliament: Whereupon, for the en- 
abling of ourfelvesy and thofe whom we repre- 
fent, we conceive it, iirft, neceilary to fearch 
into the Caufes of thofe Mifchiefs, which this - 
your King4om fufieretb, and divers of the Grie- 
vances .that over-burden your Subjects ; without 
doing of which, we could neither be faithful to 
yoax Majefty, nor to the Country that doth 
truft and employ us; as your Jloyal Father alfo, 
ofblefled Memory, adfnoni{hed the Houfe of 
Commons in the fourth Seflion of his HiBl Par- 
liament (</)• In this Confideration we found, that 
the moft preffive and comprehenfive Mifchief - 
that we &ifieied, was fuiKlamentally fettled in the 
vafl: Power and enormous Aflions of the faid 
Duke s being fuch, that by reafon of his Plura- / 
lity of Offices, all gotten by Ambition, and fome 
for Money, exprefly againil the Laws of your 
Realm ; bis Breach of Truft in not guarding 
the Seas; his high Injuftice in the Admiralty ; 
bis Extortion ; bis delivering over the Ships of 
this Kingdom into ;he Hands of a toreigp Prince ; 

* his 

W Sec Vol. V. p. 157. 



An. a. 
I 



Charles 1. 
6x6. 



3 1 a The Parliamentary Hi stOry 

his procuring the cpmpulfory buying of Ho- 
nours for his own Gain \ his unexampled ex- 
haufting of the Treafurcs and Revenues of the 
Kingdom ; his tranfcendent Prefumption in that 
unhappy applying of Phyfick to your Royal Fa- 
ther of blefled Memory, a few Days before his 
Death ; and fpme other hiis Offences carefully 
and maturely examined by us : We made a 
parliamentary Charge of the fame Matters and 
Offences againft him to the Lords, then by yoar 
Majefty affembled in Parliament ; there expcfi- 
ing fome Remedy by a fpeedy Proceeding s^inft 
him: But, may it pleafe your moft Excellent 
Majefty, not only during the Time of our Ex- 
amination of the Matters and Offences of the 
fame Charge, we were diverfly interrupted and 
diverged by Meffages procured, through Mifinfor- 
mation, from your Majefty, whichf with moff 
humble Duty and Reverence, we did ever re- 
ceive. Whence it firft fell out, that fo not only 
much Time wais fpent amongft us, before the 
fame Charge was perfefted; but alfo, withia 
two Days next after the fame Charge was traiif* 
milled by us to the Lords, upon untrue and 
malicious Mifinformations, privately, and againit; 
the Privilege of Parliaments, given to your Ma* 
jefty, of certain Words fuppoted to have been 
fpoken by Sir Dudley Diggs and Sir John Ellist^ 
Knis, (two of the Members of our Houfe, in 
their Service of the tranfmittingof the faid Charge, 
both of them having been efpecially employed 
in the Chairs of Committees with us, about the 
Examination of the faid Matters and Offenccsjf 
they were both, by your Majefty's Command, 
committed to clofe Imprifonment in the Tower 
of London^ their Lodgings prei^ntly fearched, 
and their Papers, there found, prefently ukcn 
away ; by reafon whereof, not only our known 
Privileges of Parliament were infringed, but we 
ourfelves, that upon full Hope of fpeedy Courfe 
of Juftice againft the faid Duke, were preparing* 

f with 



Of EN GLAND. 313 

with all dutiful Affedion to proceed to the Dif- An.^Charietl^ 
patch of the Supply, and other Services to jroui? *^*' 
Majefly, were wholly, as the Courfc and Privi- 
lege of Parliament bind us, diverted for divers 
Days, to the taking into fole Confideration fome 
Courfes for the Ratifying and Prefervation of the 
Privileges fo infringed : And we think it bur Du- 
ties,' moft Gracious Sovereign, moft rightly to 
inform hereby your moft excellent Majefty, of 
the Courfe held in the Commitment of the two 
Members; for whereas, \>y your Majefty's 
Warrant to your Meffengcrs for the arrefting 
them, you were pleafed to command that they 
(boiild repair to their Lodgings, and there take 
tbem 5 your Majefty*8 principal Secretary, the 
Lord Conway^ gave the faid Meflcngers, as they 
affirmed, an exprefs Command, contrary to 
the faid Warrants, that they fliould not go to 
their Lodgings, but to the ifoufe of Commons, 
and there take them \ and if they foutid them 
not there, they {houtdftay until they were come 
into the Houfe, and apprehend them wherefo- 
eVer elfe they Ihould find them : Which, be- 
lides that it is contrary to your Majefty's Com- 
mand, is ah apparent Teftimony of fome mif- 
chievous Intention there had againft the whole 
Houfe of Commons, and againft the Service in- 
tended to your Majeftv : All which, with the 
feveral Interruptions that preceded it, and the 
Mifinformation that hath caufed all of them, we' 
Cannot doQbt but that they were wrought and 
procured by the Duke, to his own Behoof, and 
fbr hb Advantage ; efpecially, becaufe the faid 
Interruptions have, through Mifinformation, 
come amongft lis, only at fuch Times wherein 
we have had the Matters and Offences charged 
againft him in Agitation ; but your Majefty, 
out of your great Goodnefs and Juftice, being 
afterwards informed tmly of our Privilege, and 
the Demerit of the Caufe that concerned our fitid 
two Members, graciouily commanded the De- 

* livery 



I* ». Charles I 



314 Tlf T»rHamefttafy Hi^TOKY 

livery of them out of the Tower, for which W9 
render unto your Majefty moft bumble Thanks. 
And we were then again^ by reafon of our.Hopet 
of the Difpatchof Proceedings with the Lords, up« 
on our Qiarge againft him the faid Duke^ m a 
cheerful Purpofe to go on with the Matter of 
Supply, and other Ssryicea to your Majefty; 
when again the/e Hopes failed in U8« by reafon 
of fome new Exorbitancies now lately ihewed 
in the Exercife of his fo great Power and Ambi* 
tion : For by fuch his great Power and i^mbiti- 
on, nptwithftanding our Declaration againft him 
for bis fo great Plurality of Offices, be alfo pro- 
cured taWnfelf, by the Soticitation of his A- 
gents, and of fuch as depended upon him, the 
OiRcc of Chancellor of the Univerfity of Ctf«- 
bridgix whereas the &me Univerfity, having 
two BurgeSes in Pailiament, did, by the iane 
Buiigeife^ a few Weeks before, confent with us 
in the Charge againft him for his Ambitioo for 
procuring fuch 2 Plurality of Offices i yet fuch 
was his Ambition to fuefbr it \ fuch was bis Powtr 
to ma(e them give it him, contrary to what 
tbemfelves had agreed in Parliament with all she 
Commons of England : A9d he procuied alfo 
the famf Office^ by the ipecial Labours and En- 
deavours, as we are informed, of a fa^oot- Par- 
ty, who adhere to that dangerous Innovation 
cf Religion^ puUiflied in the feditious Writk^ 
of one Rkhari Montague^ Clerk ; of whom it 
is thence, and heretofore, upon other ReaibiiSf 
alfo been conceived, that the faid Duke is, 
and k)ng bath been, an Abettor and Pio- 
tefior* 

^ Thefe ASions of the fsud Duke have thoa 
hindred the Service of your Majefty among us, 
by reafon both of the Interruptiona that have fo 
neceflarily accompanied them, and of the Pre*' 
vention of bur Chearfulneft, which otberwife 
had long fince been moft eflfeftually ihewed io 
us s who have nothing elfe. in our Cares^ next 

« to 



0/ E N G L A N D. 315 

to our Duty to God, but the loyal Ser*AiLs.chariMi« 
vic^ of your Majcftv,' the Safety of your King- '•'^ 
dotn, and the Siibfinence of ourfelves and thofe 
whom wereprefent, for the Continu^ce of that 
Service and Safely, which we cannot now hope 
for : And we befeech your moft Excellent Majefty, 
graciouily to receive this our humble and free 
Proieftation, That we cannot hope for it, fo 
long as we thus fufFer under the Preffures of the 
Power atid Ambition of the fkid Duke, and the 
divers and falfe Informations fo given to your 
Majefty on his Behalf, and for his Advantage ; 
elpecially, when we obferve alfo, that in fuch 
his Greatnefs, he preventeth the giving of true 
Information to your Majefty, in all Things that 
ijiav any Ways refledl to his own Mifdpings ; or 
ihew unto your Majefty the true State of your 
St^bjefls and Kingdoms, otberwife than as it may 
be repreiepted for his own Ends : And to that 
Purpofe alib b^th he procured fb many Perfons 
depending on him, either by Alliance or Ad- 
vancement to Places of Eminencjr near your Sa- 
cred Perfon. Through his Miunformations of 
that Kind .alfo, and Power, we have feen9 to 
our great Grief, both in the Time of your Ma- 
jefty's Ro^al Father of bleiled Memory, and of 
your Majefty, divers Ofiicers of the Kingdom 
h often by him difplaced and altered, that 'with- 
in thefe few Years paft, iince the Beguining of 
hk Greatnefss more .fuch Difplacing^ and Alte- 
rations bavey* by hi^ Means, happened, than in 
manvYears before them : Neither w^ia there in 
the Time of your late Royal Father of blef- 
fed Memory, any fuch Courfe held> before it 
was by the Pradlice of the faid Duke thus 
induced; and fince that Time, divers Offi- 
cers of the Ccown, not only in this your King- 
doQ\ of England^ but alfo in Ireland^ as they 
have been made Friends or adverfe to the faid 
D^ket have been either fo commended, or mif- 
reprefcnted by him to his Sovereign \ and by his 

Procure- 



An. if.Qkvlctl 
1626. 



3 1 6 The Tarliamentary HisTo r y 

Procurement fo placed, or difplaced ; that he hath 
always herein » as much as In him lay, made his 
own Ends and Advantage the Meafure of the 
Good or 111 of your Majefty's Kingdoms. 

* But now at length » may it pleafe your moft 
Excellent Majefty, we have received from the 
Lords a Copy of the faid Duke's Anfwer to our 
Charge tranfmitted againfi him ; whereunto we 
fhall prefently in fucb Sort reply, according to 
the Laws of Parliament, that unlels his Power 
and Pradlice again undermine pur Proceedings, 
we do not doqbc but we (ball, upon the fame» 
have Judgment againft him. 

' In the Times alfo, mod Gracious Sovereign, 
of thefe Interruptions which came amongft us, 
by reafoa of the Procurement of two of our 
Members committed; a gracious Mefiage was 
formerly received from your Majefty, wherein 
you had been pleafed to let us know. That if you 
had not a timely Supply, your Majefty would 
betake your felf to new Counfels j which, we 
could not doubt, were intended by your moft Ex* 
cellent Majefty to be fuch as flood with Jufticc 
and the Laws of this Realm : But thefe Words, 
New Counfek^ were remembered in a Speech 
made amongft us by one of your Majefty*s Privy 
Counfel, lately a Member of us, who, in the 
fame Speech, told us (e)^ He had often though^ 
of tbofe Words, New Counfeh ; that in his Conr 
fideration of them, he remembered that there 
were fuch Kinds of Parliaments antiently among 
other Nations, as are now in England ; that in 
England, he faw the Country- P^ple live ia 
Happinefs and Plenty, but in thefe other Nati- 
ons he faw them poor both in Perfons and Ha- 
bit 5 or to that Effeft : Which State and Con- 
dition happened, as he faid, to them, wh^re 
fuch New Counfeh were taken, as that the Ufc^ 
of iheir Parliaments ended. 

* This Intimation, may it pleafe your Majefty, 
was fuch, as alfo gave us juft Caufe to fear there 

• were 

(e) Sir VudUy C^rktcn, See beforei P. i6o» 



.. Of E;N GLAND. 317 

were fome ill Minifters near your Majefty, thatAfl.ft.chtric«i. 
in Behalf of the faid Duke, and together with. ^^^' 
him, who is (0 ftiangely powerful, were fo much 
^ainfl: the Parliamentary Courfe of this King- 
dpm ; as they might, perhaps, advife your moft ex* 
cellent Majefty to (lich new Cmnfehz^ tbefe, that 
fell under the Memory and Connderation of that 
Privy-Counfellor. And one efpecial Reafon a* 
mong others hath increafed that Fear among 
us, for that whereas the Subfidies of Tonnage and 
Poundage^ did determine upon the Death of 
.your moft Rayal Father, our late Sovereign, and 
were never payable to any of your Majefty*s An- 
ceftors, but only by a fpecial Adt of Parliament, 
and ought not to be levied without fach an Ad ; 
yet, ever fince the Beginning of your Majefty's 
happy Reign over us, the faid Subfidies have been 
levied by fome of your Majefty^s Minifters, as 
if they were ftill due ; although alfo one Parlia- 
ment hath been iince then begun, and diflblved 
by Procurement of the faid Duke, as is before 
{hewed, wherein no Aft pafled for the fame Sub- 
fidies. Which Example is fo much againft the 
conftant Ufe of former Times, and the known 
Right and Liberty of your Subjefts, that it is ^n 
apparent Effect of fome new Counfeh given a- 
gainft the antient fettled Courfe of Government 
of this your Majefty's Kingdom, and chiefly a- 
gainft the Right of your Commons, as if there 
might be any Subfidy, Tax, or Aid levied upon 
them, without their Confent in Parliament, or 
contrary to the fettled Laws of this Kingdom. 
But If any [fuch do fo ill an Office, as, by the 
Mif-reprefentation of the State and Right of 
your Majefty's loyal Subjeds, to advife any fuch 
new Counfeh, as the levying of any Aid, Tax, 
or Subfidy, among your People, contrary to the 
fettled Laws of your Kingdom, we cannot, mod 
gracious Sovereign, butefteem them that fliall fo- 
advife, not only as Vipers, biit Pefts, to their 
King and Common- Wealth, (as all fuch were. 

* to 



n.i.Cfaa]rIeih 

IvSw* 



318 7he Parliamentary Hi sfony 

to both Hoares of Parliament exprefljf ftyM bj 
your moft Royal Father^ but alfo Capital Ene- 
mies, as well to your Crown and Dtenity, as to 
the Common- Wealth. And we fliail, for our 
Parts, in Parliament, fliew as Occafion (ball re- 
Quire ; and be ready to declare their Ofiences of 
this kind fuch, as that they may be rewarded widi 
^ the higheft Puniftment, as your Laws iiifli£l on 
anyOflfenders. 

' Thefe, and fome of thcfe Things, amongft 
many other, moft gracious Soverel^, are thofe 
which have fo much prevented a right Under- 
ftanding between your Majefty and us ; and 
which have pofleffed the Hearts of your People 
and loyal Commons with unfpeakabta Sorrow 
and Grief ; finding apparently all humble and 
hearty Endeavours mifmterprcted, hindred, and 
now, at laft, almdt fruftrated utterly, by the 
Intcrpofition of the exceffive and abufive Power 
of one Man ; agaitift whom we have faft Qrafe 
to proteft, not only in regard of the rarticuhrs 
wherewith he hath been charged, (which Parlia- 
mentary Way we are enforced to infift upon, -as 
Matters which lie in our Notice and Proof) but 
alfo, becaufe we apprehend him of fo unbmied 
Ambition, and fo averfe to the Good and Tran- 
quility of the Church and State, that we rcrily 
believe him to be an Enemy to both : And there- 
fore, unlefs virc would betray our own Duttes to 
your Majefty, and thofe by whoitt wc are 
trufted, we cannot but exprefs our infinite Grief, 
that he (bould have fo great Power and Intereft 
in your Princely Afifedtiofls ; and under yonr Ma- 
jefty wholly, in a manner, (o engrofs to btmfelf 
the Adminiftration of your Affairs of the Kh^- 
dom, which, by that Means, isr drawn into a 
Condition moft miferable and hazardous. 
^ Give us then Leavr^ moft dear Sovereign, in 
the Name of all the Commons of Ais yomr 
Kmgsdoffl, proftrate at the Feet of your Sacred 
Majefty, moft humbly to befeccto you, evert ft)r 

\ the 



Of E N G L A N D. sip 

the Honour of Almighty God, wbofe Reli^on Ajui^CharkiL 
is direQIy undermined by the PraQice of that *^' 
Party whom this Duke fupports : For your Ho- 
nour, which will be much advanced m the re- 
lieving of your People in this their great and ge- 
neral Grievance : For the Honour, Safety and 
Welfare of your Kingdom, which* by this 
Means, is threatned with almoft unavoidable 
Dangers : And for the Love which jour Maje- 
fly, as a good and loving Father, bears unto your 
good People, (by whom, we profeft in the Pre^ 
fence of Almighty God, the Searcher of all 
Hearts, you are as highly efieemed and beloved^ 
as ever any of your Predecefibrs were) that you 
would be gracioufly pleafed to remove this Per- 
fbn from Access to your Sacred Prefence ; and that 
you would not ballance this one Man with all 
tbeie Things, and with the Athm of the Chri- 
ftian Wojld ; which do all fufier, fo far as they 
have Relation to this Kingdom, chiefly by his 
Means. For we proteft to your Majefty, and 
to the whole World, Tjiat untill this great Per- * : 
fon be removed from intermeddling with the 
great Afiairs of State, we are out of Hope of 
any good Succefe^ and do fear, that any Money 
we fiiall or can give, will, through his Mifem- 
ployment, be tumd father to the Hurt and Pre- 
judice of this your Kingdom, than otberwife ; 
as by lamentable Experience we have found, ia 
thofe large Supplies formerly and lately given* 
* But no fooner fhall we receive Redrefs and 
Relief in this, (which, of all others, is our inoft 
infuppoctable Grievance} but we ihall forthwith 
proceed to accompliih your Majefty 's own De*» 
fire, for Supply ; and liikewife, with all CbeerfuN* 
neft, apply ourfetves to the perfeding ot diven^ 
other great Things, fuch a» we thiol no one 
Parliament a» oue Age can pftrslfel, tending; 
to the Stability, Wealth, Strength, and Ho- 
nour of this y«ur Kingdom, and the Support of 



3 ao The Tarliatncntafy Hi s tor y 

'Aa.2.Ciiirieii/ y^^^ Fricnds and Allies abroad: And wc doubt 
•i6a6. '* not but through God's BlefBng, as you are the 

* beft, to {hall you ever be the beft-beloved, and 

* greateft Monarch, that ever fat on the Royal 

* Throne of this famous Kingdom/ 

Soon after the King publifhed a Proclamation, 
taking Notice of the foregoing Remonflrance^ in- 
tended to have been prefenied to him ; * Wherein, 
he faid, were many Things contained to the Difho- 
nour of himfelf, and his Royal Father of blefled 
Memory ; and whereby, thro' the Sides of a Peer 
of this Realm, they wound their Sovereign's Ho- 
nour : As alfo, that fome Members of that Houfe, 
iil-affedted to his Service, to vent their own Paf- 
fions againft that Peer, and to prepoflefs the World 
with an ill Opinion of him, before his Caufe was 
heard in a judicial Way, had, before-hand, (tatter- 
ed Copies of that intended Diclaration^ thereby to 
detract from their Sovereign : Wherefore his Ma- 
jefty, for the fupprelfing of this infufFerable Wrong 
A iVocUmation to himfelf, doth command, upon Pain of his In- 
fo' **Y"'"£!||* dignation and high Difpleafure, all Perfons of what- 
moX'aoce. foever Quality, who have, or (hall have hereafter, 
any Copies or Notes of the faid RemonJIrance^ or 
fhall come to the View thereof, forthwith to bum 
the fame ; that the Memory thereof may be utter" 
ly aboliihed, and never give Occafion to his Ma- 
jefty to renew the Remembrance of that, which, 
out of his Grace and Goodnefs, he would gladly 
forget/ 

Whoever fteer'd the Helm of Government, in 
England^ at this Period, and fome Time after, 
muft be allowed to have guided it very ill. Thefe 
fudden and frequent, Diffolutions of Parliaments, be* 
fore they had concluded any AAs for the Good of^ 
the Public, being ilrong In^ances of it (/)• The 

Noble 

(f) In the Lords Jmmah is r Catalogue of 36 AAt, public tnd 
priviice, which had palled both Houfcs^ aii4 lay ready for the Royal 
Aflcac this Farliaxncnt. 



0/ E N G L A N D. ^i 

The Earl of Clarendon writes (g)^ * Thattheab-An.i.charifti. 
rupt and unkind breaking up o[ ihe two laft Par- *^*^' 
liaments, was wholly imputed to the Duke of Buck- 
ingham 5 and, of the next, principally to the Lord 
Ire/Ion t then Lord High Treafurer of England ; at 
a Time when fome Charges and Accufaiions were 
preparing, and ready to be preferred againft thofe 
two great Perfons.* For the Charafters of ihelc 
two eminent Minifters we refer to the faid Noble 
Hiftorian j the former, thro' bis rafh and precipi- 
tate Counfels to his Sovereign, was, from the great- 
eft Height of popular Efteem that any Man ever 
afcended to, (infomuch that even &\r Edward Coie^ 
blafphemoufly enough, call'd him our Saviour; and, 
in the firft Parliament of this Reign, he was fo 
much cried up as the Ornament and Honour of the 
Nation, that it was almoft put to the Queftion, ' 
ff^al JhaU be done unto him ivhom the Houfes will 
honour?) by the fame Breath, in a very fmall Time, 
Mown down to the Depths of Calumny and Re- 
proach. 

Deprived of any Parliamentary Aids, through thcProjefta for raif- 

fate Diilblution ; the Court fell upon fuch Projedts, '^^^J^^^gYn-vt- 
as had been praftifed in like Cafes, for raifing Mo-jcnccs) ^c *' 
ney without them. By an Order of Council, it 
was declared. That all Cuftoms, Duties and Im- 
pofts on all Goods and Merch.«ndizes exported and 
inaported, which, for many Ages had been con- 
tinued, and efteemed a principal and neceflary Part . 
of the Revenue of the Crown, (hould be levied 
and paid. Nevertheleft, it w:\s intended to have 
this fettled by Parliament, as it had been, from 
Time to Time, for many Royal SuccelHons \ but 
the DilFolution of the laft prevented it, b^ore the 
Matters therein treated of could be brought to Per- 
feilion. Therefore^ an Inftrument was to pafs, 
under the Great Seal, to authorize thefe Levies, 
until, as in former Times, it might receive ao 
abfolute Settlement by Parliament. 

Vol. VIL X The 

(g) Lord Clarcnion'i Hijiory of ihe MeWon, Foil© Mir O*- 
f»rJ, XToa. VoU I. P. •. 



3 a a Ihe Tarliamentary History 

. charlesi. The Forfeitures, alfo, arifing to the Crown by 
1626. ^^ Execution of the Laws againft Jefuits^ PriiflSf 
znA Popijh RecufantSy were dedicated to the pref- 
fing Neceffities of the State. A Proclamation was 
publiflied, declaring the King's Refolution to make 
his Revenue certain ; by granting his Lands, as 
well Copyhold as otherwife, to be holden in Fee- 
Farm. The King fent to the Nobility to acquaint 
them, That, according to the Cuftoms of former 
Times, upon preffing Occafions, the Crown had 
ever had Recourfe to raife Contributions on the 
Subjedl ; and therefore he now expefted from them 
fuch a large and cheerful Teftimony of their Loy- 
alty, as might be acceptable to himfelf and exem- 
plary to his People. 

From the City of London the King demanded a 
Loan of 100,000 1. which, all Excufes fet afide, 
- was ordered by the Council to be complied with. 
And, all the Sea-port Towns being ordered to fit 
out Ships for the guarding of iheir own Coafts, the 
City was appointed to fet forth twenty of the bcft 
Ships that lay in the River ; with all Manner of 
'I'acklc, Sea Stores and Ammunition, mann'd and 
vidualled for three Months. There were likewife 
Privy- Seals ifliied to divers Perfons ; to others, the 
olJ Way of Benevolence was propofed. 

The late Parliament had agreed to give the King 
four Suhfidies and three Fifteenths -j which was as 
much as the Court demanded. But then this Grant 
moved on fo heavily, the Commons having tagg'd 
many Grievances to it, that the Slownefs of the 
Gift was the Occafion of its never being taken. 
To prevent Milundt-iilandings, it was declared to 
the Country, That the Supplies, now afked, were 
not the Subftdies and Fifteens^ intended to be given 
by Parliament; but merely a free Gift frorfi the 
Subjcd to the Sovereign, upon fuch weighty and 
pcefling Occafions of State. In this, Mr. Rujh- 
ivorth is more candid, in regard to taxing the Go- 
vernment with unlawful Dealings, than even Lord 
Clarendon himfelf 5 for the latter expre/ly fays, 

* That 







\ 0/ E N G L A N D. 323 

^ the ^ve Subfidies^ as he calls them, were ex- An. % Charles I. 
•^oughout the whole Kingdom with the ' * ' 
T, as if, in Truth, an A6t had pafled 
nofe.' Whereas the Colleffor only 
* the Juftices of Peace, in the dif- 
o, were direded by the Privy-Coun- 
* for Perfons able to give ; and to deal 
i, fingly, by ufing the moft prevailing 
.ons {h),' 
c yet this Loan did by no means pafs current 
jugh the Kingdom; on the contrary, it bred a 
-*eat deal of Difturbance; and laid the Foundation 
for more Grievances to be complained of next Par- 
liament. Several Perfons, and fome of good Rank 
and Quality, refufed to fubfcribe to it; ihefe, in 
their feveral Counties, were bound over, by Re- 
cognizance, to make their Appearance at the Coun- 
cil-Table ; from whence, divers of them were com- 
mitted to different Prifons, not in their own, but in 
diftant Counties: The Names of many of thefe 
Gentlemen are in the ColkoJions ; and are too re- 
markable to be flightly pafs'd over (f). 

Sir Thomas Wentworth^ (afterwards Earl oiStraf- Names of Perfow 
fordy) and George Ratcliffe^ Efq; (afterwards Sir JJ*']^""^^^ *^ 
George) Torkjhire Gentlemen, were fent for by fj"g°^/[^n"" 
Meflengers, and removed out of the County of 
york into Kent. 

Sir Walter Earl and Sir ^ohn Strangewayes^ Dor- 
fetjhire Men, were confin'd in Bedford/hire, 

Sir Thomas Grantham, and others of Lincclnjhirey 
in Dorfetjhlre. 

Sir John Hevemngham^ and others of Suffolk^ 
into Somefjetjhire. 

Richard Knightley, Efq; and others of Northamp- 
Jhire^ into the Counties ot Southampton and IVut' 
/hire. 

Sir Nathaniel Barnardi/lon^ o^ Suffolk, and Jf^il- 
Ham Cor it on, Efq; of Cornwall^ in SuJJex. 

Sir Harhotile Grim/lone of EJfex, and Sir Robert 
PointZf were fecured in Northampton/h.he. 

X 2 jfohn 

{b) Rujhiuortb Vol. I. p. 416. 
(i) Ibid, p. 4dS. 



314 7i&^ Tarliamentary History 

An.».Ch£rlc*L John Hampden^ Efq; and others of the County 
i6a6. q{ Bucks^ were fecured in Hampjhire : And the 
like Courfe was taken with the Gentry of other 
Counties, who refufed the Loan. 

The Council alfo ordered, that all ihofe refrac- 
tory Perfons before named (for fo they are called 
in the Order) who are appointed, by his Majcfty's 
Command, to their feveral Commitments, fhall 
prefently obey the Order of the Board fent With 
their Meflenger in that Behalf, or be committed 
clofe Prifoners ; any Pretence of Inability, Want 
of Conveniency, or other Excufe whatfoever not- 
wilhftanding. 

Miinv of thofe Gentlemen were afterwards fent 
for by Purfuivants, out of thofe Counties where 
ihey bad been confined by Order of the Council^ 
and committed to feveral Prifons ; fome to thfi 
Fleets fome to the Marjhalfey and Gatehoujiy and 
others remained in Cuflody of the Meflengers: 
And from the latter Sir John Elliot^ who had ren- 
dered himfelf fo remarkable, as a Manager againft 
the Duke of Buckingham \^k)^ fent the following 
Petition to his M^jefty. 

7o the King'; moji Excellent Majesty. 

*rj:e Humble Petition of Sir John Elliot, 
Knt, Frijoner in the Gatehoufe, toncerning the 
Loan, 

Shezveth^ 

lethtn ^fl^m '' ^^ ^ ^^ ^'^^^ P^^^ Suppliant, afFefled with 
thVca'Jehci^f?, * A Sorrow and Unhappinefs, through the 
.«!i that Account.* lohg Senfe of your Majefty's Difpleal^jre 5 will- 

* ing, in every hi\ of Duty and Obedience, to fatis- 

* fy your Majefty of the Loyalty of his Heart than 
' which he hath nothing more defired; and that 

* there may not remain a Jealoufie in your Royal 

* Breaft, that any Stubbornnefs of Will hath been 

* the Motive of his forbearing to condefcend to 
' the faid Loan; low at your Highnefe*s Foot, 

* with a fad yet a faithful Heart, for an Apology^ 



[k] See beA>re p. 152. 



* to 



Cy E N G L A N D. 325 

to your Clemency and Grace, he now prefumes An. 2. charUsi. 
to offer up the Reafons that induced him ; which '^*^- 
he conceiveth Neceffity of his Duty to Reh'gion, 
to Juftice, and to your Majefty did inforce. 

* The Rule of Juftice he takes to be the Lav<r • 
the impartial Arbiter of Government and Obe- 
dience, the Support and Strength of Majefty, ihe 
Obferver of that Juftice by which Subjedian 
is commanded: This and Religion, added to 
this Power not to be refitted, bind up the Con- 
fcience in an Obligation to that Rule, which, 
without open Prejudice and Violence of ihefe 
Duties, may not be impeached. 

* In this particular, therefore, of the Loan, 
being defirous to be fatisfied how far the Obliga- 
tion might extend ; and refolving where he was 
left Mafter of his own, to become Servant to 
your Will, he had Recourfe unto the Laws, * 
to be informed by them ; which, in all Humi- 
lity, he fubmitteth to your moft facred View, 

in the Colleftions following. 
' In the Time of Edward the Firft, he findeth 
that the Commons of that Age were fo tender 
of their Liberties, as they feared even their own 
free Afls and Gifts might turn them to a Bon- 
dage of their Heirs. Wherefore it was defired 
and granted, 

* That for no Buftnefsy Juch Manner of Jids^ 
Tax es^ nor Prizes^ Jhould be taken ^ but by com^ 
rnon AJfent of the Realm ^ and for the common Pro* 

fit thereof (l), 

' The like was in force by the fame King, and 
by two other Laws again enafted : 

* That no Tallage or JidJI}Ould be taken or levied^ 
without the Good-lFUl and A[Jent of the Archbi- 
Jhops^ Bijhopiy Earls^ Barons^ Knights^ BurgeJJes^ 
and other Freemen of the Land(m), 

^ And that prudent and magnanimous Prince, 
Edward III. led by the fame Wifdom, having 
-granted : 

X 3 * That 

{/) Sec V.il I. p. 8a. (w) Ihid, p. loy* 



An. 2. Charles I. 
1626. 



32^ The Parliamentary Hi s T o r r 

« That the greatejl Gift given in Parliament^ for 
the Aid and Speed of his matchlefs Undertaking j- 
galnfi^ France, Jhould not be had in Example^ nor 
fall to the Prejudice of the Subject in Time to come j 
did likewife ada, in Confirmation of that Rights 
That they Jhould not from thenceforth be grieved to 
fujlain any Charge or Aid, but by the common Af 
fent^ and that in Parliament. 
' And more particularly upon this Point, upon 
a Petition of the Commons afterwards in Parlia- 
ment, it was eftablifhed : 
* l^hat the Loans^ which were granted to the King 
by divers Perfons be releafed ; and that none^ hence- 
forth^ be compelled to makefuch Loans aga'mji their 
IViils^ becaufe it is againft Reafon^ and the Fran- 
chifes of the Land\ and that Re/iitution be made to 
fuch as had paidfuch Loans (n). 
' And by another Ad upon a new Occafion, in 
the Time of Richard III. it was ordained : 
' 7 hat the Subje^^ in no wife be charged with any 
fuch Charge^ Exa^ion, or Impofttion called a Be- 
nevolence, nor fuch like Charge ; and that fuch like 
Exa5iions be damned and annulled for ever [0). 
' Such were the Opinions of thofe Times, for 
all thefe Aids, Benevolences, Loans, and fuch 
like Charges, exaded from the Subjeft not in 
Parliament; which they held to be Grievances 
contrary to their Liberties, and illegal: And fo 
pious were their Princes in Confirmation of their 
Liberties, that having fecured them for the prefcnt, 
by fuch fiequent Laws and Statutes, they did 
likewife by them provide for their Pofterity •, and 
in feme fo ftridtly, that they bound the Obfer- 
vaiion with a Curie, as in that of 25. Edward I. 
and alio under Pain o^ Excommunication ; which 
was to be denounced againft all thofe that violate 
or break them [p) :— All which Afts extend to us. 
' And ihele Reafons he prefents to your Majefty, 
as tlie firil: Motive taken from the Law. 

* There 



^t) Vol. t. P. 27S, and 328. 
\t) Vol. 1. P. jci), 



{0) Vol, IX. r. 397. 



0/ E N G L A N D. yij 

• There are Others alfo, which, in his humble An. i.cbirie*!. 
Apprehenfion, he conceived from the Aftion it- 1626. 

felf, which he likewife tenders to your moft ex- 
cellent Wifdom. 

' Firft^ That the Carriage and Inftruftions, 
accompanied with the Authority of the Great 
Seal, imported a Conftraint; fuch Requells to, 
Subjedls being tacit and implied Commands, and. 
fo preventing that Readinefs and Love, which,, 
in a free Way, would have far exceeded thofe. 
Demands; whereas the wonted Aids given to^ 
your happy Anceftors were ex Jpontanea Vo- 
luntate & Charitate PopuU^ whereby they made 
that Conjundlion of their Hearts at Home, which 
wrought fuch Power and Reputation to their 
Adls abroad. 

• And whereas the firmed Obligation of that Rea- . 
dinefsand Love, is the Benignity of Princes, giving 
and preferving to their People their juft Rights 
and Liberties ; which, to this Kingdom, are de- 
rived from the Clemency and Wifdom of your. 
Progenitors, to whom there is owing a facred 
Memory for them : He could not, as he feared,, 
without Preflure to thefe Immunities, become an. 
Adlor in this Loan ; which, by Imprifonment 
and Reftraint, was urged, contrary to Grants of 
the Great Charter, by fo many glorious and 
vidlorious Kings fo many Times confirmed ; be- 
ing therein moft confident of your Majefty, that 
never King that reigned over us, had, of his own 
Benignity and Goodnefs, a more pious Difpofi- 
tion to preferve the juft Liberties of his Sabjeds, 
than your Sacred Self. 

• Though he was well aflured by your Majefty's 
Royal Promife, whofe Words he holds as Ora- 
cles of Truth, that it ftiould not become a Pre- 
cedent, during the Happinefs of your Reign ; 
(the long Continuance whereof is the daily Subjeft 
of his Prayers,) yet he conceived from thence a 
Fear, that fucceeding Ages might thereby take Oc- 
cafion for Pofterity to Itriice at the very Property 

* of 



,2.CharletI« 



3 28 The Parliamentary Hi stort 

of their Goods, contrary to the Piety and In- 
tention of your Majefty fo gracioufly expreft. 
* And thefe being the true Grounds and Mo- 
tives of his Forbearance to the faid Loan^ ((hew- 
ing fuch Inconveniences in Reafon, and repre- 
renting it an Aft contradifting fo many of your 
Laws, and mod of them by the moft prudent 
and happieft of our Princes granted ; which could 
not, without Prerumprion beyond Pardon in 
your Supplicant, in taking to himfelf the Dif- 
penfation of tbofe Laws, fo pioufly enabled by 
them, be violated or impeached, in the leaft De* 
gree;) in the Fulnefsof all Submiffion and Obe- 
dience, as the .\pology of his Loyalty and Duty, 
he lowly offers to* your moft ficred Wifdom, 
for the Satisfadlion of your Majefty : Moft hum- 
bly praying your Majefty will be, gracioufly, plea- 
fed to take them into your princely Confidera- 
tion \ where when it fhall appear, (as he doubts 
not, but from hence it will to your deep Judg- 
ment,) that no fadtious Humour, nor any Dilaf- 
fed^ion, led on by Stubbornnefs of Will, hath 
herein ftirred or moved him ; but the juft Obli- 
gation of his Confcience, which binds him to the 
Service of your Majefty, in the Obfervance of 
your Laws ; he is hopeful, preluming upon the 
Piety and Juftice of your Majefty, that your 
Majefty, according to your innate Clemency 
and Goodnefs, will be pleafed to reftore him to 
your Favour, and his Liberty ; and to afford him 
the Benefit of thofe Laws, which, in all Humi- 
lity, he craves.' 

But notwitbftanding this moft extraordinary Peti- 
tion, Sir John Elliot continued a Prifoner in the Gate* 
hufe^ till the general Order of Difcharge came : — • 
Sir Peter Hayman aKo, refufing to part with Loan* 
Money, was called before the Lords of the Coun- 
cil -, who charged him with Refraftorinefs, and with 
an Unwillingnefs to lerve the King; and told him, 
\\ he did not pay, h0 fliould be put upon Service. 

Accord- 



0/ ENGLAND. 3ap 

Accordingly they conunanded him to go into hisAn.ft.Cha«i«'|. 
Majefty's Service into the Palatinate: And having ■^•^ 
firft fettled his Eilate, be undertook and performed 
the Journey 9 and afterwards returned into Eng* 
land. 

Notwithftanding the vigorous Oppofition to this 
Method of raifing Money by Loans, a confiderable 
Sum was raifed, and fome Things were done with 
it, which tended to public Service : Though what 
Sums thefe Exactions raifed in the Kingdom is not, 
particularly, mentioned. 

The next Year, a large Fleet of Ships was fitted 
out, and had a numerous Land-Army on Board, 
defigned for a Defcent on the Ifleof Rhee in France^ 
under the Condudl of the Duke of Bu ding ham » 
The bad Succefs of that Enterprize is too well 
known to need a Repetition here ; and tliis joined 
to a general Defeat of the King of Denmark's Ar- 
my, by Count 77//k, near Lutiern in Germanyy 
gave a mortal Stroke to the Protejiant Caufe in 
thofe Parrs ; and rendered the Fate of the Palatinate 
Hill more defperate. So that, both at Home and 
Abroad, King CharWs Affairs were then in a-,, ,.^ ^- 

, It p. • T? Toe diffrenea 

melancholy Situation. I'or, ^ State of the 

When the unfortunate Aflion at Rhee was King'i Affiinu 
known and publifhed over the Kingdom, the Cry 
of the People was fo great, and the King*s Neceffi- 
ties fo prefTmg, that it was in every Man's Mouth, 
Jt Parliament mu/l needs be fummoned. The Na- 
tion bad now provoked two potent neighbouring 
Kings to be their Enemies ; the Coafts and Ports 
were unguarded 5 the able Commanders worn out, 
or not employed; and the Marine. Affairs were, 
every where, in as bad a Condition as poflible. 

Under thefe unhappy Circumftances, the King 
held a grand Council at Whitehall^ how to extricate 
himfelf and the Nation out of fuch DiflScuhies. To 
this Council the famous Hiftorian and Antiquary, Sir 
Rohert Cottony was called ; whofe Advice to the 
Lords there prefcnt, contains a fuccinft, tho' gene- 
ral, Hiftory of thefe Times, along with the beft Ad- 
vice 



330 The Parliamentary History 

An. s.charletll vice how to fettle Matters for the future, which we 
'^7» (hall give in his own Words : For, iho* not ftridly 
Parliamentary in itfelf, yet it induced the King and 
Council to believe there was no other Way, and 
obliged them to think of calling a Parliament for the 
general Good of the Nation [n). 

My Lordsj 

Sir R. Cotton's A S foon 38 the Houfe of Aujlria had incorpo- 

Adviee to the j^^ rated itfelf into the Houfe of Spain^ and, by 

^'^"i,"^^'" * their new Difcoveries, gotten to themfelves the 

Wealth of the Indies \ they began to affedl, and have 

ever fince purfued, a fifth Monarchy. 

• The Emperor Charles would firft have laid the 
Foundation thereof in Italy ^ by furprizing Rome: 
But from this he was hindered by the Force and 
Refpedt of Religion, Henry VIII. being made Ca- 
put Fosderu againft him. 

' He then attempted it in High-Germanyy prac- 
tiling, by Faftion and Force, to reduce thofe petty 
Slates to his abfolute Power. In this Henry VIII. 
again prevented him, by tying the Lutheran Princes 
under his Confederacy and Affiftance. 

* His Son, Philip II. purfued the fame Ambition 
in the Nether-Germany^ by Redudlion whereof he 
intended to make his Way further into the other. 
This the late Queen of England interrupted, by 
iiding with the afRifted People on the one Part, and 
making herfelf Head of the Proteftant League 
with the Princes on the other Side ; drawing in, as t 
Secret of State, the Countenance of Franct^ to 
give the more Reputation and Afliftance to them, 
and Security to herfelf. 

< Spain feeing his Hopes th»Js fruitlefs by thcfe 
Unions and Sleights, began firft to break, if he 
might, the Amity of France and England: But 
finding the common Danger to be fo faft a Tyc, 
he raifeth up a Party in that Kingdom of his own, 
by the which the French King was fo diftreflcd, 
that, had not the Englljh Council and Afliftance re- 
lieved 

(q) From l\l5 Pofthumous Works, publiflicd by Jama Hand, EfqJ 



0/ E N G L A N D. 331 

lieved him, Spain bad there removed that next and An. 3. Charles r. 
greateft Obftacle of his Ambition. '^*7* 

* His Council now tells him, from thefe Exam- 
ples, that the Way to his great Work is impaffable* 
fo long as England lies a Lett in his Way ; and 
advifeth him, that the Removal of that Obftacle 
be the firft of his Intents. This drew on thofe 
often fecret Praftices againft the Perfon of the late 
Queen, and his open Fury, in tlieYear 1588, againft 
the Body of the State; for which (he, following the 
Advice of a free Council, would never after admit 
of Peace; winning thereby the Hearts of a loving 
People, who ever found Hands and Money for all 
Occafions at home ; and by keeping facredly her Al- 
liances abroad, fecured her Confederates, all her 
Time, in Freedom from Fear of Spanijh Slavery ; 
and ended her old and happy Days in great Glory. 

* Spain then, by the Wifdom and Power of that 
great Lady, defpoiled fo of his Means to hurt, thp* 
not of his Defire, makes up, with her peaceful Suc- 
ceflbr of happy Memory, the Golden League; 
that (difarming us at home by Opinion of Security, 
and giving them a Power in our Council by belie- 
ving theii Friendfliip and pretended Marriage) gave 
them Way to cherifli amongit us a Party of their 
own ; and. bereft of Power abroad, to lead in Jea- 
loufy, and fow a Divifion between us and our Con- 
federates ; by which, we fee, they have fwallowed 
up the Fortune of our Matter's Brother, with the 
reft of the Imperial States, diftrefled the King of 
Denmark by that Quarrel, diverted Sweden^ Aflift- 
ance by the Wars with the Poky and moving of 
him now with the Offers of the Danijh Crown ; 
and now, whether from that Plot, or our Fatality, 
it hath caft fuch a Bone between France and us, as 
hath gotten themfelves, by our Quarrel of Religion, 
a faft Confederate, and us a dang,erous Enemy : So 
that now we are left no other Afliirance againft their 
Malice and Ambition, but the Netherlands ; where 
the Tye of mutual Safety is weakened by daily 
Difcontents bred and fed between us from feme ill- 
affeded to both our Securities : So that, from the 

Doubt* 



^^1 The Tarliamentary Hi story 

Ad. 3 CharletLDoubtfuInefs of FricndQiip, as we now ftand, wt 
'^*^* may rather expeft, thro' our own domeftic Fac- 
tion, if they grow too furious, they will foonerfol- 
low the Example of Rome in her growing ; (thalhcU 
it equally fafe, honourable, and more eafy, kn 
Regent y l\i2in fubjugare Provinciam) confidering tbe 
Power they have m their Hands, than give any fnewl- 
ly Affiftance to ferve the prefent Condition of Our 
State- You may fee therefore in whatT'ernis weftaod 
abroad ; and, 1 fear, at home, in no better. 

* There muft be, to withftand a foreign Inn- 
fion, a Proportion both of Sea, and Land- Forces} 
for to give an Enemy an eafy Paflage, and a Port 
to relieve him in, is no lefs than to hazard all atone 
Slake. And it is to be confidered, that no Mardi 
by Land can be of that Speed to make Head ag^ 
the Landing of an Enemy, nor no fuch Prevention 
as to be Mailer of the Sea. To this Point of nc- 
ceffary Defence there can be no lefs than 240,0001 

* For the Land- Forces; if it were for an ofen- 
five War, the Men of lefs Livelihood were the beft 
fpared, and were ufed formerly to make fuch War, 
purgamento Reipubllca^ if we made no further For* 
chafe by it : But, for Safety of a Common- Wealth, 
the Wifdom of all Times did never intruft the 
Public Caufe to any other than fuch as had a For- 
tion in the Public Adventure. And this we fawin 
the Year 1588, when the Care of the Queen and 
Council did make the Body of that large Army no 
other than of Trained-Bands, which, with theAtud- 
liaries of the whole Realm, amounted to no fcfi 
than 34,000 Men. Neither were any of thofe 
drawn out of their Countries, and proper Habiti- 
tions, before the End of May, that they might be 
no long Aggrievance to the Public ; fuch Difcon- 
tentments being ever to us a more fatal Enemy than 
any foreign P'orce. 

g * The careful Diftribunon and Direilion of the 

Sea and Land- Forces, being more fitting for t 
Council of War, than a private Man to advife off,^ 
I pafs over ; yet ftinll ever be willing and ready^ 
when I Ihall be called, humbly to offer lip fuch 

Ob- 



0/ E N G L A N D. 333 

Obfervatbns, as I have formerly gathered by theA«.3.charieii. 
like Occaiions of this Realm. i6i7< 

* There are two Things requifite to make up this 
Preparation, Money and Affections ; for they can- 
Hot properly be fever'd. It was well and wifely 
laid by that great and grave Counfellor, Lord Bur- 
leigh^ in the like Cafe, to the late Queen, Win 
thiir Hearts^ and you may have their Hands and 
Purfes. And I find of late, that Diffidence having 
been a Defed in the one, it hath unhappily pro- 
duced the fame in the other. 

* In gathering of Money for this prefent Need, 
there are required three Things, Speed, Affurance, 
and Satbfaftion ; And the Way to gather, as others 
in the like Cafes have done, muft be by that Path, 
■which hath been formerly called Via Rigia^ being 
more fecure and fpeedy ; for, by unknown and un- 
troden Ways, it is both rough and tedbus, and fel- 
dom fucceedeth well. This laft Way, altho' it 
took Place as it were by Supply at firft, and received 
no general Denial ; yet, fince, it hath drawn many 
to confider with themfelves and others of the Con- 
fcquence \ and is now conceived a Preffure on their 
Liberties, and againft Law. I much fear, if now 
again it be offered, either in the Hime Face, or by 
privy-Seal, that it will be refufed wholly. Neither 
find I that the Reftraint of thofe Recufants hath 
jH-oduced any other Effeft, tlian a ftiff Refolution in 
them and others to forbear. Befides, tho' it went ar 
i}rft with fome Affurance, yet, when we confider 
the Commiffions, and other Forms incident to fuch 
like Services ; as alfo how long it hung in Hand, and 
how many Delays there were, we may eafily fee 
that fuch a Sum, granted by Parliament, is far fooner 
and more eifily gathered. 

* If any will make the Urgency of Times an in- 
evitable Neceflity for enforcing the Levy, whether, 
in general, by Excife or Impofition ; or, in parti- 
cular, upon fome leledt Perfpns, which is the Cu- 
ftom of fome Countries ; and fo conclude it, for 
the public State, fuprema Lege^ he muft look for 
tbi3 to be told him ; That if Neceflicy muft con- 

« cluce 



334 ^^^ Parliamentary Hi s to rt 

(in. 3. Charles I. clude always for gathering Money in the moft fpw- 
1627. jjy Way, ('which, cannot be fitter than by Parlia- 
ment) the Confequence may be, that the Humouis 
of the heedlefs Multitude, who are full of Jealoaff 
and Diftruft, and fo unlike to comply to any un- 
ufual Courfe of Levy, will not fubmit but by Force; 
which, if ufed, the Effeft is fearful, and hath been 
fatal to the State : Whereas that by Parliament reft* 
cth principally on the regal Perfon, who may, with 
Eafe and Safety, mould them to fit his Defire, by 
a gracious Yielding to their juft Petitions. 

' If a Parliament then be the moft fpeedy, afluredi 
and fafe Way, it is fit to conceive what is the beft 
Way to aft and work it to the prefent Need. 

Fiift, if the Time of the ufual Summons, repu- 
ted to be 40 Days, be too large for the prefent Ne- 
ceflity, it may be (horten'd, fince it is againft nopo- 
fitive Law ; fo that Care be had that there may be 
one County Day, after the Sheriff hath received the 
Writ, before the Time of Sitting (r), 

' If then the Sum to be levied be once agreed 0D9 
then, for the Advance of Time, there may be, in 
the Body of the Grant, an Affignment made to the 
Knights of every County refpedtively ; who, under 
fuch AfTurance, may fafely give Security propor* 
tionable to the Receipts, to fuch as (hall, in prefent^ 
advance to the public Service any Sums of Money. 

* The laft and weightieft Confideration (if t 
Parliament be thought fit) is, how to remove or 
compofe the Differences between the King and 
Subjeft in their mutual Demands. What I have 
learned amongft the better Sort of the Multitude, I 
will freely declare, that your Lordfhips may be the 
more enabled to remove thofe Diftrufts, that either 
concern Religion, public Safety of the King and 
State, or the jull Liberties of the Common- Wealth. 

* For Religion, a Matter that lies neareft to their 
Confcience, they are led by this Ground of Jealoufy 
to think fome pradife againft it. 

• Firft 

(r) It appears by the Date of the Writ of Summons, Anno 14. 
Ediu. n*. That, in cafe of abfolate NecefHty, a Parliament mi^ht 
he called wiihln lefs than forty Days, See Vol, 1. ?• 233. 



Of ENGLAND. 335 

* Firft, for that Xht Spanijh Mztchy which was An. 3. Charles r. 
broken by the grateful Induftry of my Lord of X617.' 
Buckinghartiy out of his religious Care, as he there 
declares, that the Articles there demanded might lead 

in fome fuch Sufferance as might endanger the 
Quiet, if not the State of the Reformed Religion 
here : Yet there have (when he was a principal Ac- 
tor in the Conditions with Frame) as hard, if not 
worfe, (to the Prefervation of our Religion) paffed 
than thofe with Spain : And the Sufpicion is 
ftrengthened by the ftridt Obfervance of this Agree- 
ment, in that Point, there concluded. 

* It is no lefs an Argument of Doubt to them of 
his Affedions ; in that his Mother and others, and 
many of his Servants of near Employment about 
him, are fo affefted. 

* They talk much of his advancing Men papifti- 
cally devoted ; fome placed in the Camp, of near- 
eft Service and chief Command ; and that the ^^- 
cufants have gotten, thefe late Years, by his Power, • 
more Courage and ACurance than before. If, to 
clear thefe Doubts, C which perhaps are worfe in 
Fancy than iri Truth) he took a good Courfe, it 
might much advance the public Service, againft 
thofe fqueamifli Humours that have more violent 
Paflipn than fettled Judgment, and are not the 
Icaft of the oppofite Number in the Common- 
Wealth. 

. • The next is, the late Misfortunes and Loffes of 
Men, Munition, and Honour in our late Under- 
takings abroad ; which the more temperate Spirits 
impute to Want of Counfel, and the more fublime 
Wits to Praftice. 

* They begin with the Palatinate^ and by the 
Fault of the Lofs there, on the improved Credit of 
Gsndomar \ diftrufting him for the flaying of Sup- 
plies to Sir Horace Vere^ when Colonel Cecil *vas 
c^ft on that Employment ; by which the King of 
Spain became Matter of the late King's Children's 
Inheritance. 

* And when Count Mansfield had a Royal Sup- 
ply of Forces, to affift the Princes of our Parr, for 

the 



33^ ^^^ Parliamentary Hi STon t 

an. i.Cbarieai. the Recovcry thereof, either Plot or Error defeated 
*^7. the Enterprise from us, to S^/Vs great Advantage. 

* That Sir Robert ManfeFs Expedition to AU 
gierSj (hould purchafe only the Security and Guard 
of the Spanijh Coafts : To fpend fo many hundred 
thoufand Pounds in the Calais Voyage, againft th^ 
Advice of Parliamenc, only to warn the King rf 
Spain to be in a Readinefs, and fo to weaken oor- 
felves, is taken for a Sign of Ill-affeSion in him 
amongft the Multitude. 

* The fpending of fo much Munition, Vidluals, 
and Money, in the Lord Jf'ilioughby^s Journey, is 
conceived an imthrifty Error in the Direftco* of it 5 
to difarm ourfelves in fruitlefs Voyages ; nay, to 
fome over-curious, feems a Plot of Danger, to lum 
the Quarrel of Spain^ our antient Enemy, that the 
Parliament petitioned and gave Supply to fupport, 
upon our Ally of Frame ; and foon after, a new 
and happy Tye gave much Talk, that V9t were 
not fo doubtful of Spain as many vi'ifli ;• fince it 
was held, not long ago, a fundamental Rule of their 
Security and ours, by the old Lord ^urleigbf 
That nothing can prevent 2n univerfal Spanijh Mo- 
narchy, but a Faftnefs of thofe two Princes wbofe 
Amity gave Countenance and Courage to the ^z- 
therlands and German Princes, to make Head againft 
his Ambition. And we fee, by this Difunion, a 
fearful Defeat hath happened to Denmark and that 
Party, to the great Advantage of the Aujlrian 
Family. 

* And thus fiar of the Wafte of public Treafure 
in fruitlefs Expeditions: An intporlant Caufe to 
hinder any new Supply in Parliament. Another 
Fear that may difturb the fmooth and fpeedy Paf- 
fage of the King's Defires in Parliament, is the late 
Wafte of the King's Livelyhood ; whereby is like, 
as in former Tinges, to arife this Jealoufy and Fear, 
That when he hath not of his own to fuppcrt his 
ordinary Charge, (for which the Lands of the 
Crov/n were fettled unalterably, and called y&rri^«r 
Patrimomum Principis) that then he muft of Nc- 
ce(&ty reft upon tbofe Affiftances of the People, 

which 



Of ENGLAND. ^^7 

ttrhich ever were colledled. and coii%ned, only, forAn.s.Cbtflcii* 
the Common- Wealth. From hence it is like there *6»7«. 
will be no great Labour or StifFneis to Induce his 
Majefty to an Adt of Refumption ; fince fuch De- 
lires of the State have found an eafy Way in the 
Will of all the Princes from Hinry III. to the laft. 
But that which is like to pafs deeper into their Dif- 
putes and Care, is the late Prefllires they fuppofe 
to have been done upon the public Liberty and 
Freedom of the Subje£l; in commanding their 
CoodS' witl;iout Aflent of Parliament ; confining 
tjieir Perfons without fpecial Caufe declared ; and 
tnat made good againft them by the Judges lately ; 
and pretending a Writ to cpmmand their Attend- 
ance in a foreign War: AH which they are likely 
to enforce, as repugnant to many poiitive Laws 
andcuftomarylmmunitiesof this Common- Wealth. 

* And thefe dangerous Diftrufts are not a little 
improved bv this un-exampled Courfe, as they 
conceive, or retaining an inland Army in Winter 
Seafon; when former Times of greateft Fear, as 
that of 1588. produced no fuch; and makes them, 
in their dlftradled Fears, to conjedure, idly, it was 
raifed wholly to fubjeil their Fortunes to the Will 
of Power, more than of Law ; and fo make good 
iomt further Breaches upon their Liberties and Free-^ 
doms at home, rather than defend us from any 
Force abroad. 

* How far fuch Jealoufies, if they meet with art 
unufual Diforder of lawlefs Soldiers, or an apt Di- 
ftemper of the loofe and giddy Multitude, may ea- 
fily turn them away, upon any Occafion in the State 
that they can fide withal, to a glorious Pretence of 
Religion and public Safety; when their true Intent 
.will be only Rapine of the Rich, and Ruin of all, 
is worthy your provident and preventing Care! 

• I have thus far delivered, vvith that Freedom 
you pleafed to admit, fuch Difficulties as I have 
taken up amongft the Multitude, as may arreft, if 
not remove. Impediments to any fpeedy Supply in 
Parliament at this Time : How to facilitate wbieh 

Voi^ VII. Y may 



338 Ib^ Tarliamentary Hi story 

An. 3. Charles I. may better become the Care of your Lordflup 
i6»7, JudgmcniSi than my Ignorance. Only I couU 
wi(h, tha!, to remove away a perfonal JDiftafle of 
my Lord of Buckingham amongft the People, be 
might be pleafcd, if there be a Neceffity of Parlia- 
ment, to appear a firft Advifcr thereunto ; and what 
SatisfaSlon it (hall pleafe his Majefty, of Graces to 
give at futh Time to bb People, (which I wifii to 
be grount^cd by Precedent of his beft and moft Ux- 
tunate Progenitors, and which, I conceive, will 
largely fetisfy the Defires and Hopes of aUJ if it 
may appear in fome Sort to be drawn down from 
liim to the People, by the zealous Care and Indn* 
ftry that my Lord of Buckingham hath of the Pu- 
blic Unity and Content; by which there » no 
Doubt that he may remain, not only lecure from 
any further Quarrel with them, but merit an happy 
Memory amongft them of a zealous Patriot : For 
to expiate the Paflion of the People, at fuch a 
Time, with Sacrifice of any of his Majefty's Ser- 
vants, 1 have ever found it (as in Edward IL IS- 
chard II. and Henry VIJ no Icfs fatal to the Matter, 
than the Minifter in the End.' 

Aftuated by fuch excellent Advice as this, the 
King and Council refolvcd, once more, to call a Par- 
liament : But, previoufly, thought proper to rclcafe 
all the Gentlemen and others, confined for re/ufing 
the Loan. Many of whom, the ColliSor fays, 
were chofen into the next Parliament ; and arri- 
ed more Reitnrment with them into the Houfe, 
for their late ill Uiage, than was agreeable to the 
Charader of Peace- makers between King and 
People. 
A ^^fj^5™*"* Writs were fent out, near the Beginning of ibc 
AuRoRtlniz. Year 1628, to call a new Parliament to meet, at 
1617. Wejiminjitr^ on the 17th Day of March^ in ibc 
At Weftminftcr. j^ird Year of this Kirg. Mr. Rujhworth tells us, 
• 1 hat, before the Writs o' Summons went forth, 
the King give Dire(^ticn for a Commiffion to raifc 
Money by Impofitiois^ in Nature gf an Excite, 

to 



Of ENGLAND. 335> 

to be I^vie^ tbrougbout the NatioQ» to pafi under Aa. 5. ObariaT. 
the Uifca^ Seal. Atui, at the, fame Time, ordered *^*f* 
the I^brd Tteafurer to pay 30^000 L to Pbi^ Bfir* 
Umachf^ a- Dutch Merclumt in Leadon^ to be by 
hin^ returned over i(;ito the to^CmiUrm^ by Bill 
of Exchange, unto Sir fPlltia'm Ba^our and jf^Z^in 
Dalbjar, for the cajiing of a Uv)ufaDd Horfe, with 
Arms hoth'for Horfe and Foot. The fuppofed la- 
tent of why^hG^rmim Horfe wa«9 aa was then Geared, 
to inforqe the Excife which vtm then ifetting on 
foot. A^^d that tlie Gouocil alfo had then, undec 
Confideratbc^ the Levy iii^ of Ship-money upon, 
the Counties, to caifia^ the Kipg a Revenue Uiac 
Way^ £(^t ^ow i\^i a Parliament was called, the 
Council hd4 it unfit a^nd unfeafonable to debate 
llieff Matters any further Time/ 

On ^be pay pfefix^ above, the King, having 
rode in State down (o fre/lminfter Abby» and heard 
a Sermon ,^ came to the Houfe of Lords ; and fetid- 
ing for il^ Commons, the ^(mmab tell us his Ma- 
jefty was pleafed to Ipeak to both Houfes as follows : 

My Lords and Gentlen^en, 

rHE S E limes are fir Aeiion : Wbirtfire^forr^t Kliig^t 
Kxampli'i Sake^ I mean not to fpend much ^»»^?**^'i^* 
in fUrds ; €xpe£iing acc9rdmgly that your (as I hope) ^^ °" 

go^ Rejfilutions will befieedy, not /pending Time un^ 
necfffarify^ or (that I may tetter /ay) dangerou/ly i 
for tedious Confutations' at this Conjun^ure of "time 
ere as hurtful as ill Rejolutions. 

I am fare you now expert from me^ both te-know 
the Caule of your Meetings and what to refolve en : 
let I think that there is none here but knows that 
eojfimon Danger is the Caufe of this Parliament^ 
and that Supply at this fime is the chief End of it : 
So that I need not point to you what to do, I will 
ufe but few Perluafions : For if to maintain your 
own MviceSy andy as fmu the Cafe ftands^ by the 
foiywing thereof y the true Religion^ Laws, and Li- 
berties of this State ^ and the juft Defence of our true 
Friends and Allies, be not fufficient j then no Eloquence 
if Afen, er Angels ^ will prevail. 

Y a Oulf 



p 

3 40 The Tarliamentairy History 

An, 3. Charlesl. Onlj kt frti remember you^ That my Duty moft if 
1627, ally and every one df yours^ according to his Degree^ 
is to fifk the Maintenance of this Church and Com^ 
monrWeabk: And certainly ^ there never was a Time 
in which this Duty was more necejjarily required than 
now. 

1 therefor e^ judging a Parliament to be the an* 
iient^ Jpeediejl^ and hejl Way in this Time of common 
Danger^ to 'give fuch Supply as to fecure ourjebes^ 
and to fdve our Friends from imminent Ruin^ hew 
called yott' together. Every Man now mufl do ac' 
cording to his Confcience: Wherefore if you (as God 
forbidf Jhruld not do your Duties^ m contributing 
what the Btate at this Time needs ; / mti/i^ in Df- 
charge' of my Confcience^ ufe thofe other Means^ 
which (jod hath put into my Hands^ to fave that 
whfch the Follies of fome particular Men may other* 
wife 'hazard to lofe. 

Take notch's as a Threatning^ for Ifcorn to threO' 
ten any but my Equals ; but an Admonttion from him^ 
ihaij both out of Nature and Duty ^ hath mofi Care if 
your Prejervations and Profperities : . jind (though I 
^ thus /peak) 1 hope that your Demeanours at this 

/'"• *'■ Time will be )uch^ asfhallnot only make me approve 
y^it^Mnier Counfels \ but lay on mejuch Obligations^ 
as J/Jallbindme by way of Ihanhfulnefs to meet often 
with you: For. be ajfired^ that nothing can be more 
pieajitig unto me^ than to keep a good Correjjpondence 
with you: 

1 will only add one Thing more^ and then leave 
my Lord Keeper to make a fhort Paraphrafe upon the 
7ext I huve dehzeted you^ which is^ To remember 
a Thing, to ihe e nd ye may forget it. Tou may ima^ 
gine that I came here with fi^Doubt of good SuccefS of 
what J dejire^ remembrifig the Dijlradiions of the laft 
Ajeeting : But^ 1 off-re you^ that I fhall very eaftSj 
and gladly forget and forg.ve what is paft^ jo that 
you will at this prejent Titne leave the former Ways 
of Diflradlion '; and follow the Counfel latelf given 
yon.- To mainiain the Unity of the Spirit in the 
Bond of Peace. 

The 



Of IBsKQ J^A^ p. J4I 

The Lord Kcepfr fecQnded his Majefty on this An. 3. Charles j. 

Manner. 1627. ^ 

• - ■ • •" 

My Lords, and ye the Knights^ Citizens, and 

Burgcff^s of the Houife of (!!!ommons, 

• » 

/F I had been deUghtid in long Speakings yet the The Lord Keep- 
hxamp'e and Commandment of Hi Majejiybad^'^ sp-^ch upon 
•been more than enough torejiain the Superfluity ^^/^o^.^^'"^ ^"*'' 
that. Humour, But there is yet more j for that fi)ort 
and exLeiient compared Speech which you have heard 
from his' Mdjejiy, btgins with a Reafon^ It i^ a 
Time for Av^tion not for Speech. Examples and 
Commandmenti majier the Willy and Refons maftsr 
the Vnderflanding ; and therefore you ma^ expcSf 
nothing from me but Brevity. You have heard the 
Matter^ already \ and^ I doubt not^ but w\th much 
Reverence, as the We ght and Adhority of. it re^ 
quires. Xm Jhould impr nt it in your Minds'\ and, 
the Matter being known, long Speeches. from me, 
were but Babling to beat the Air (j). 
. • Ye are aflenjbled here in Parliament by his Maje- 

• fty's Writ and Royal Command, toconmlt and 

• condudeof the weighty and urgent Bufinelsof this 

• Kir^dom. Weighty it is, and great \ as great 

• as the Honour, Safety, and Proteflion of Reli- 

• gion. King, and Country : And what can be 

• 'greater i Urgent it is : It is little Pleafure to tell 

• or think how urgent; And to tell it wirh Cir- 

• cumftances, were a long Work : I will but touch 

• the Sum of it in few Words. 

/ * The Pope and Houfe of Auftria have long af- 

• fedled, the one a Spiritual^ the other a Tempo- 

• ral Monarchy : And to effedl their Ends, [do join 

• together] to ferve each other's Turn . The Houfe 

• ol Auflria, bcfides the rich and vaft Territories of 

• both the Indies, and in Africa, joined together, 

• are become Matters of Spain and Itafy, and ihe 

• great Country of Germany. And altho' France 
^ be not under their Subjeftion, yet they have in- 

• vironed it all about; (and in the very Bowels of 

y 3 * that 

(1) This firft Paragraph^ tnd all the PafFages, between Cntehets^ 
fre omitttd is Rufrunnb, but fupp'ied from the Lordi Jvumalu 



. Cliarleil. 
1617 • 



j4a TheTarttamentaryHisTOKY 

ttat Khigdbm fwaycd by Ac Papijb F^akm, 
tbey have gotten I'uch a [Party] and luch ^Infmfl] 
fa the Government ; that under Pretence of Re- 
ligion, to root out the Proteftants and bur "Reli- 
gion» they have drawn that King t6 their Adhe- 
rence fo fiir that, albeit, upon his Majefty's Intcr- 
polition by his Ambafladors, and his £ngagemcflt 
of his Royal Word [fsr juft Perf^rmami^ tk 
War^ bitwetn that Kng and bis SntjsSis cf the 
Religion was fu eted \ and his Mafiflf^ as Prsttc- 
for of that Treaty^ was intirifiid and tnind to 
procure a good AccompHJhment "of it : Tit^ agednjl 
it, and the ftriSf Alliance tfitween him and tb» 
IDng,] the l>eaty bath been broken 5 and tbofcof 
the Kcligion have been piit to all Extrettiitj, 
and undoubtedly will be ruined, without ^teli^t 
Hdp. So as that King is not 6t)ly diverted from 
affining the cotnmoh Caufe, but bath been mil- 
led to engage himfelf in hoftile Afts ijgiunft our 
King and other Princes ; making way tMreby for 
the Houfe of Auflria, to the Ruin of his own 
and other Kingdoms./ 

* Other Potentates, that in former Times did 
balance and interrupt the growing GreaiDeft of 
the Houfe of Aujiria^ are now removed and di- 
verted. The Turk haih made Peace with the 
Emperor, and turned himfelf wholly into Wars 
with Afia, The King of Sweden is embroiled ih 
a War with Poland, which is invented by Spa^ 
nijh Praftices, to keep that King from fuccouring 
our Party. The King of Denmark is chafed out 
of his Kingdom on this, and on that Side, tlic 
Sounds fo as the Houfe of Atiflrio is on the 
Point to command all the Sea-coafls, from Dant- 
zick to Embdeny and all the Rivers falling into 
the Sea in that great Ex'ent; fo as bcfides the 
Power by Lar.d, they begin to threaten our Party 
by Sea, to the Subverfion of all our State. 

* In the Baltick- Sea^ they are providing and arm- 
ing all the Ships they can build or hire ; and have 
at this Time their Ambaffadors treating at £«- 
ied^ to draw into their Service the Hans TownSt 

* wliereby 



Of EN G I. AN D. 343 

* wheretyjr ralciDg from US andourNeighboursriheAn. 3 chariwj, 
■f E^^land Trade, by whvch our Shipping is fup^ '.'^*7' 

:< pljr'd, they exped, without any Blow given, 

* to mdte rhemfcivcs \<ibfhluti\ Maftcrs-of ihat Sea. 

* In thefe VVeflern Parts, by the DunUrhn^ and 

* hy the flow French and Spcmijh Admirals, to the 

* Ruin Of FHbing, ("of infinite Confcqucnce, both 
^ to us, and the LoU) Coumrie$) they infeft all our 

* Coaft, fo as we. pafs not fafcly frora Port to Port. 

* And that fleet which laiely affifted thd French at 
^ the Ifie of Rbii^ b now preparing at St. AndrewSy 
»* with other Ships built on the Coaft of Bifcay to 

* re-inforce it, and a great Fleet is making ready 

* in Id/bpni where, beQdes their own, they do 

* fervc ttiemfel ves upon all Strangers Bottoms<:om- ' 
^ ing to that Coaft for Trade : And thefe great 

* Preparations are, no doubt, to aflault us in En- 
^ gland or Ireland^ as they fhall find Advantage, 

* and a Place fit for their Turn. 

* Our Friends of the Netherlands^ befides the 

* Fear thatjuftly troubles them,, left the whole 

* Force of the Empire may fall down upon them, 

* are diftrafied by their [kng] Voyages into the 
'* Ea/i ; which hath carried both Men and Money 
? into another World, and much weakned them, 

* [and dmoji divided them] at home. 

* Thus are we even ready on all Sides to be 

* fwallowed up ; the Emperor, France^ and Spjin^ 
** being in open War againft us ; Germany over- 

* run ; the King of Den^mrk diftrefled ; the King 
^ • of Sweden diverted ; and the Low-Countries dif- 

* abled to give us Affiftance. 

* I fpeak not thia to increafe Fears, unworthy of 

* Engll/h Courage, but to prefs to Provifion wor- 

* t4iy the Wifdom of a Parliament: And for that 
■^ Caufe bis Majefty hath called you hither, thac,x 

•^ * by a timely Provifion agairlft thefe gteat and im- 

* mineat Dangers, ourfelves may be ftrengthened 
f at home,^ our Friends and Allies encouraged a- 

* broad, and thofe great Caufes of our Fear feat- 

* .tcred and difpelled. 

^ And 



4^ ^.Charles It 



344 niTarliamentarjfUisTOKJ 

* And becaufe in all warlike Preparations^ Tfea- 
^ fure bears the Name, and holds the Semblance 
i of the Nerves and Sinews ; and if a Sinew bt 
* too Ihott or too weak, if it be either (hmnk or 
^^ ftnuned, the Part becomes unufeful : It is needful 
^ that you make a good and tinoiely Supply of 
< Treafure, without which all Counfels will prove 
f fruitlefs. J might prefs many Reafons to this 
f End ; but I will name but few. 

* Fir/l^ For his Majefty's Sake5 who requires it 
f Great is the Duty which we. owe hind; j>y the 
f Law of Gpdi great bjy the JLfaw of Nature, and 
f [natural] Allegiance 5 great for his own Merit, and 

the Memory of his ever-blefled Fathipr. ^|[dobut 
point at them : But, methinks, our Thoughts 
cannpt bi|t recqil on pne Confederation touched 
by hi^ M^jefty, which, to me, feems to found 
like a Parliamentary Paft or Covenant. * 

* A War was advifed here, AfiiftanGe. proffer- 
ed, yea, and protefted here : I do but (ouch iti 
I know you will deeply think on ky and the 
more, for the Example the King hath fet you; 
his Lands, his Plate, his Jewels he hath .not fp»- 
red to lupply the War : What the Peopli; hath 
protelled, the King, for his Part, haUirwiilingly 
performed. 

* Secondly y For the Caufe-Sake : It concerns us 
in Chriftian Charity to tender the Diftfeffes of 
our Friends abroad ; it concerns us in fjonour 
not to abandon them, \yhp have ftood for us. 
And if this come not clqfe enough, yoy (hall find 
our Intereft fo v/oven and involved with theirs» 
that the Caufe is more ours ^han theirs. If Re* 
ligiup be in Peril, we havp the moft flourifhing 
and orthodox Church: \( Hqnour be in Quefti^ 
on, the Stories ^nd Monuments in forrner Ag03 
will (he\v, that our Anceftor^ have left, us as 
much as aqy Naiion: If Tr^de and Commerce 
be in Danger, wp are jflunders ; it is our Life, 
h\i thefe at once lie at Siake^ and fo dpth 01^ 
very Saleiy and Being. 



: Of EN G L A N D. 345 

< Laftlf^ In Refpe£t of the Manner of his Ma-AA.3.Chariofr 
^ jefty's Demandf which is in Parliament ; the ^^i* 
^ Way that hath ever heft pleafed the SpbjeQs of 

* England. And good Caufe for it: For, Aids 
^ granti^ in Parliament, work good Effeds for the 
^ People; they be commonly accompanied with 
^ wholeforae Laws, graciops Pardons, and tlie 

* like. Befides, juft and good Kings, finding the 

< Love of their People, and the Readinefs of their 
^ Supplies, may the better forbear the Ufe of their 
^ Prerogatives \ and moderate the Rigour of the 

* Laws towards their Subjects. 

* This Way, as his Rdajefty hath told you, he 
^ hath chofen, not as the only Way, but as the 
^ fitted ; not as deftitute of others, but as moft a- 
' greeable to the Goodnefs of his own moft graci* 

* ous Difpofition, and to the Defire and Weal of 

* his People. If this be deferred, Neceffity and 
^ the Sword of the Enemy make Way to the o^ 
^ tbers. Remember his Majefty's Admonition, I 
? fay, remember it, 

* Let me but add, and obferve God's Mercy 
^ towards this Land above all others. The Tor- 
^ rent of War hath overwhelmed other Churches 

* and Countries; but God hath hitherto retrained 
.^ it from us, and ftill gives us Warning of every ap* 

* proaching Danger, to fave us from Surprife. 
•And our Gracious Sovereign, in a true Senfe of 
^ it, (lalls tpgetber hjs Hi^h Court of Parliament ; 

* the lively Reprefentadon of the Wifdom, Wealth, 

* and Power of the whole Kingdom, to join toge- 

* ther to rjepel thofe hoftile Attempts, which have 

* diftrefled our Friends and Allies, ^nd do threaten 

< ourfelves. 

* And therefore it behoves all to apply thein 
^ Thoughts, unto Counf{?l and Confultations, wor^ 

* thy the Greatnefs and Wifdom of this Aflembly ; 

* to' avoid DifQoncents and Divifions, which may 
^ either diftemper or delay; and tp attend that 
S ummnecejjarium^ the common Caufe; propound- 

* ing for the Scope and Wgrk of all your Debate, 



34^ 7he ^ariiame^tOfy Mis TO r y 

S-dubrleii.^ the geA^nd Good of the King and Kingdom 
s6x7* ;« wbbm God h^th joined togetber^wU;h an iiMii|o^ 

* luUe'.Kfiat, which .none muft ttttempc to cut or 

* untie. And teta)}» by Unity and good Accord, 

* 'endeavour to pattern this PaHkment by the beft 

* that have bisen ; Cbat it may 4)e \ Pattern to fu- 
^ ture Parliaments, and may infufe imo Partia- 

* ments a kittd of multiplying Power and Faculty, 

* whereby they may be mon? frequent ; and the 

* King our Sovereign may delight to fit on tis 
^ Throne, and from thence to diftribute hisGiaccs 

* and Favours amongft his People. 

* His kdajefty hath given you Caufe to be confi- 

* dent c^ this, by what you have heard from hi! 

* own Royal Mouih ; which, nevercnelcfe, he 
^ hath given me exprefs Command to redooUe: 

* If this Parliament, by their dutiiul and wife Pro- 

* ceedings, (hall but give this Occafion, his Ma- 

* jefty will be ready, not only ro manifeft bis gra- 

* cious Acceptation, but to put out all Memory of 

* thofe Diltaftes, that have troubled former Parfia- 

* ments. 

* I have but one Thing more to add j and that is, 

* As your Conlbltations fliould be ferious, fo let 
« them be fpecdy. The Enemy is before-hand 

' • with us, and flies on the Wings of ^KTcefi". 

* We may dally and play with the Hour-Ghfi 

* that is in our Power, but the Hour will not fhy 
« for us ; and an Opportunity once loft, cannot 

* be regained. 

* And therefore, refolve of your Supplies, ihat 

* they may be timely and fufficient, foriing the 

* Occafion : Your Council, your Aid, all arc but 

* loft, if your Aid be either too little, or too late! 

* And his Majefty is refolved, that hia A^irs can- 

* not permit him to expeft it overlong.* 

The next Day the Commons prefentcd Sir J^bn 
Finch y for their Speaker ; whole Speech, tot being-ex- 
cufed from that Office, with the Lord Keep^a Re« 

Pl7» 



O/ E N « L A N D. 347 

ply, being pdnety teremoniaU "we pufpoiely omit; Aa« s-Charkt i. 
to come to the Spcakcr'a Rejoinder* which is long *^^ 
'enbi^b, and (hews the Height of oratorial Elo- 
quence at that Time. The Copy given in Rujb^ 
wdrth and the Epberrteris Pi^rtiamentma is very in- 
corred : But the fdlowing is taken from an otiginal 
Manulcript, communicated by Sir Jibn Napier^ 
Bart, in the Hand- Writing of his Ureat-Grand- 
Father, a Member of the Houfe at that Time. 

^ TT b now no longer Tinie, nor good Manners, The Speaker^ 

* X to difpute with my Lord the Kingi but, sir John Finch'* 

* wiA all Joy and Alacrity of Heart, humbly and^^J^^^^*^ 

* thankfully to meet fo great a Favour from the . 
*. beft of Maftern and the beft of Men. 

* Therefore, fell, I lift up my Heart to him thjCt 

* fits on the Throne of Heaven, per quern Prinei- 

* pes imperant fcf Petentes decernunt Juftitiam ; 

* humbly begging at his Hands that made the 

* Tongue, to give me Speech, and that framed 

* the Heart of Man, to give me Underftanding ; 
*« f6r I am but as Clay in the Hands of the Potter, 

* ^ikI he will mould me for Honour or Diflionour 
^ as beft ieems good unto him. 

* Next 1 bow my Knees unto your Moft Ex* 
'« ceBeni Majeft'y, in all humble and hearty Ac- 
^ knowledgment of this and many other your 

* great and graCfous Favours. 

- • The Truth of my own Heart, foil of Zeal and 

* Duty to your Majetty and the Public as any 
'^ Man^s, quits me fno^ all Fear of running into 

* wilful and pregntmt Errors ; and your Majefty's 
^ gfeat OoOdNnefi, of which I have been fo large 

* a Partaker, gives me ftrong Affurance, that ha- 
' v^ngbeen, by your gracious Beams, drawn up 

* from Earih Md Obfcurity, you will fo uphold 
^ me, by a benign and gracious Interpretation of all 
^ my Words and Adions, that I fall not down 
< again, like a crude and imperfeA Vapour ; but 

* confume the Remainder of my Days in Zeal for 

* your Majefty*s Ser^e. 

• This 



3.Ctoletr» 



34? The Parliamentary Hi stort 

* This great and glorious Aflembly, made pe^ 
feft by* your Royal Prefence ; like a curious Per- 
fpeftive, the more I behold it, with the more Joy 
and Comfort I find a lively Reprefentation of 
that true Happinefs, which, under your Maje- 
fty's gracious Government, we all at this Time 
enjoy : A better Tongue were fitter to expreis it; 
but a rich Stone retains its Value, tho* ill fet. 
.* Here, in the Fulnefs and Height of your Glo- 
ry, like the Sun in the Exaltation of his Orb, 
fits your Moft Excellent Maj'efty, the Sovereign 
Monarch of this famous Ifle, in a l^hrone made 
glorious by a long Succeifion of many and grtat 
Princes* A Meditation worthy our tetter 
Thoughts, that we live neither enthralled to the 
Fury and Rage of the giddy Multitude, .nor yet to 
the diftrafted Wills of many Matters ; but under 
the Command of a King, the Slay and Strength 
of a People \ one, as Homer faith well of KingS| 

Yl^KKiv d/Jd^i®' iwar, 

^ not to be laid in common Ballance with other 

* Men; tor Kings know no other Tenure but 

* God*s Service, and their Value is only tried at 

* his Beam : Whence the Poets faid, the Parents 

* of the firft Kings were Caelum £sf Tirra j Divine 

* Tnftitution, and human Approbation. Btfides, 

* that it is a Sovereignty alio hereditary 5 which 

* makes the Commoiv Wealth the Kings Care, 

* as that which is the King's QWn Patrimony, and 

* the Inheritance of his Children ; when elective 

* Monarchies quickly run to Ruin, and are cx>m- 
^ monly made poor by the enriching of feveral 

* private Families. 

*. On your Right Hand are the Reverend, Re- 

* ligious, and 1 earned Prelates, the Lights of the 
^ Church, fit to be fet in golden Candlefticks, and 

* not made contemptible by Parity or Poverty 5 
' Lively Ideas of that Blefl5ng above all the reft 1 

* which, by God's great Goodneis, and your Ma- 

* jefty's great Piety, this Realm enjoys, .the Liber- 



^ 



:0f ENGL AND. 34^ 

ty of the Gofpel, and the free Profefiion of.An.3.charkil; 
Go^'s true Religion. Your Majefty pafled the '•^T* 
fiery Trial in Spain^ and gave us then Aflurance 
that your Fa^th was built on that Rock, againft 
which the Gates of Hell (hall never prevail. Since 
your coming to the Crown, by jrour Royal Edifl, 
you havl; banfhed thofe Incendiaries of ^^/> the 
Priefls aind J^fuits^ Enemies to our Church and 
State i fo thai now they are either gone, or lurk 
in Corners, like the Sons of Darknefs. Ycu 
have given Life to the Laws againft Recufanti ; 
and, by your own pious Example, have drawn 
more than you have compelled to come to Church. 
Yet Coge ingredi^ ut impleatur Damus mea^ waff 
his Command that made the great Feaft, and is 
the Duty of Magiftrates. And certainly, dread ' 
Sovereign, true Religion will ever be a Target to 
them that are a Buckler ro it : No Cement fo 
ftrong to hold your Subjefts Hearts together in 
their due Obedience. Our Religion never bred 
a Clement or a Raiilliac : And that execrable 
• Villainy, never to be forgotten here; when all of 
us, horrejco refe^ens, in an Inftant fliould have 
been turned into 'A{hes, and thofe icattered in the 
Wind ; was a Monfter could never have been en- 
gendered; but by the Devil or. the Jefuits. 

• On your Lert Hand fit your Noblcs,.the Lights 
of Honour, full of Courage and Magnanimity ; 
yet in a right Diilance between Crown and People, 
neither overfbadowing the one,, or opprefling the 
other. 

* Before your Throne, like the tWf Ive Lions un- 
der Solomon'^ Thtone, fit the Lights of Juftice^ 
your grave Judges and Sages of the Lawj learn- 
ed /ind juft as many nges hare known, and learn-^ 
ing Jiiftice by your great Example. Our Laws, as 
excellent as »hoy are, (I am iure no human L^ws 
excel the^m, nor could fo well luit'With the Con- 
ftitutibn of this People) were they in the Power 
of corrupr or ignorant Men. (I know not which 
were worle, for one will perhaps otiener err than 

•the, 






3 JO Tb^ Tarliamentafy His to r ir 

the other bribe) Juftice could ne^er keep hcrrigiit 
Channel, nor run clear ; as in your Majefty'9 
happy Reign it ever hath. 

* I muft not forget the oiher IJghts, the Knights, 
Citizens, and l^urgefles, theRepre^CatiFeeof tke 
third Eftate ; who, altho* they mov^ lower^ asd 
at more D^ance from your Royal Pef fon, yet, 
I am confident, will ever be found conftwt to 
the Poles of Love and Loyalty. 

* It is a gracious Favour of your Majefty and 
our former Kings, which I have often thought on, 
that when both Houfes are humbW Suitors for 
any Thing, they arc never denied ; Le Rsy jT^w- 

fira^ (The King will advife of it) ia the grea^ft- 
DeniaK And I afiiire myfelf your Majefty will 
find all your Subjects fo full of Duty to your 
Crown, atKi of true and loyal AfieAion tQ your 
Royal Perfon, that you fhall never have (^ufe 
to think your gracious Favours ill beftowed onr 
them. 

^ iThis Union of Hearts, Sir, is a Greatnefi be« 
yond that Qf the Kingdom to which you arc Heir. 

Etpmtus toto divifos Orbe Britanms^ 

is a Name of Advantage to this Ifland, if Aer 
Divifion be not among ourfelves ; which the 
God of Unity, for his Mercy's SaicQ, forbid; and 
fo knit our Hearts in Love one to another, ^d 
all of us in Love and Loyalty to your Mod Ex* 
cellent Majefty, that this renownM Ifland pcrkb 
not by our Diftradtions ; but may ever flouriihi 
and be like ^truJaUm^ the City of God, where 
his Name may be for ever honoured. 

* Great and glorious have been the Adlions of 
your Royal Progenitors } yet greater remain for 
your Majefty ; and moft of theirs attend you for 
their Perfe£tion and Confummation. 

* The firft Chriftian King of Europi ; the firft 
that abated the fwelling Pride of the Pope of R»mi% 
by baniftiing his ufurped Power ovei_ God's true 
Vice-gerent ; tfeie firft that eftabliCb^ tb« true 

« Re- 



Of ENG L A N D. 351 

Religion now profeft, were all Kings of E9igland% An.3.ciittltti, 
and the laft a young one. »^y* 

* Q}ieeT\ Elizabeth^ tho* a Woman, yet Spat ft 
hath Caufe to remember her ; the Proteftanis of 
Frafici and the Lnv Countries will never forget 
her : And were Hfnry the Great alive, he would 
fay. That, in Requital of the Love this Kingdom 
(hewed him in her Days, he hath fent us one of 
his own Loins, your Royal Confort, our moll 
gracious Queen, lo propagate thefe Bleflings to us 
and our Pofterity for ever. 

* Your Father, of ever blcfled and famous Me- 
mory, had a Reign like Solomon^ ; for Religion, 
no Man knew more > nor no Man's Knowledge 
was of higher Lultre and Advantage to it : This 
Age (hall deliver it to the next, and all Agea 
(hall fee it in his kingly Works. 

* But while, under his glorious Reign, we ibound-. 
ed in Peace and Plenty, our Hands^had forgot to 
War, and our Fingers to fight ; till at laft, by 
your princely Mediation (/), upon the humbje Suit 
of both theie Houfes, the two Treaties weredif- 
folved ; and a Foundation laid for your Majefty 
to reftore us to our antient and military Honour i 
which I doubt will not quickly be. 

* Eritis fuut Dii, was the Serpent** CounfeU 
and ruined Mankind ; nor is it fit for private 
Men, much kfs for me, to fearch into the Coun- 
fels or Aftions of King:s ; only. Sir, give me 

Xeave, from an Heart full of Zeal to your Glory, 
and Greatnefs. to fay to your Majefty, The 
Times require you. Religion calls upon you, tq 
go on viith that kirhp^lv Courage vou have begun, 
tiil the State of Chrijiend.m be fctilcd in the right 
Ballance .^gain. 

* We fee how the Eagle fpreads his Wings in 
Germcny^ reaching with his Talons as far as the 
Scuud and Bahidt Sea ; Denmark and Sweden in 
Dan^rer of utter Ruin ; we ite all the Eleftorates, 
the Choice of the Empire, invefted, in a Manner, 

'folely 

(t) Sec Vol, VI. p. "86, et feq. ' 



An, pChixUnl. 



35a TfjeTat/iamentary HiSTORt 

folely in the Houfe of Au/fria ; our Rel^on in 
France^ and every where, never fo near a Period : 
And we know who it is for whom all this works; 
he of whom the Boaft is made. Ilk cut Mo- 
narchia Mundi nafcitur \ who, by the Ruin of 
us and our Religion, will make a new Zodiack, 
and draw his Ecliptic Line thro' the Eajl and 
Weft Indies: But he that fits on high will, in his 
good Time, laugh them to Scorn ; and, as that 
wife Woman faid to King David, God will make 
to my Lord the King a Jure Houfe^ if my Lord 
Jhall continue to fight the Battles of Jehovah : And 
let all England fay. Amen, 
' I have prefumed too far upon your Royal Pa- 
tience 5 and therefore I will conclude with a few 
Words for them that fcnt me, who are humble 
Suitors to your Excellent Majefty : 

I. ' For better attending the public and important 
Services of the Houfe, that ourfel ves and neceflary 
Attendants may be free, both in our Perfons and 
Goods, from all Arreftsand Troubles, according 
to our antient Privileges and Immunities. 

II. * That fince, in all great Councils where 
Difference of Opinion is. Truth is beft difcovered 
by free Debates ; your Majefty, according to our 
like ancient Ufe and Privilege, will be graciouily 
plea fed to allow us Liberty and Freedom of 
Speech ^ and, I aflure myfelf, we (hall not pais 
the Latitude of Duty and Difcretion. 

III. * That iipon all Occurrences of Moment, 
fit for Refort to your own Perfon, your Majefty, 
upon our humble Suit, at your own beft Leifure, 
will vouchfafe us Accefs to your Royal Perfon. 

IV. and la/lly^ * That all our Proceedings, be- 
ing lodged in your Royal Heart with Belief of our 
Zeal and Loyalty, we may reap the Fruits of it 
by your Majefty 's gracious and favourable Inter- 
pretation of all our Adlions. 
* One Word more I humbly beg for myfelf : 
That tho* it be but the Beginning of a ParliamenL 
I niav now and ever enjoy your Majefty's more 
gracious, general and free Pardon/ 

To 



0/ E N G L A N D. 3sy 

To this the Lord Keeper anfwercd. (u) An-j.c^iirieii, 

Mr. Speaker y 

HIS Majefty, with no lefs Content than The tordKe^ 
Attention, hath heard your eloquent Dif- «'• Aafwcr. 
courfe: He obferves your beginning with his 
gracious Encouragement and Advice ; not for- 
(aking your humble Modefty, but adding to it 
Thankfulnefs, Alacrity, and Joy of Heart j a 
juft and right Temper. 

' He obferves you derive thefe aright ; firjl^ 
From the Throne of Heaven : He looks thither 
with you, and joins in Prayer, that both he 
and all, this Aflembly may, by that divine Hand 
and Power, be moulded into Unity for the Ho- 
nour, Safety, and Good of the Church and 
Kingdom. Next^ You apply yourfelf to the 
Throne on Earth : His Majefty doth gracioufly 
accept your Proteftations of the Truth of your 
Heart, the Fulnefs of your Zeal and Duty to 
his Majefty and the Public : He believes it ; and 
that not in you alone, but in all this Aflembly ; 
to that you are fecure not only from wilful and 
pregnant Errors, but from Doubt of finifter In- 
terpretarion. 

* My Lord the King is as an Angel of God, of 
a quick, of a noble and juft Apprehenfion ; he 
ftrains not at Gnats ; he willeafily diftinguifh be- 
tween a Vapour and a Fog, be ( ween a Mift of 
Error and a Cloud of Evil ; Right he knows, 
if the Heart be right : For out of the Abundance 
9f the Heart the Mouth fpeaketh, 

* You proceed lo a Survey of the Luftre of this 
great and glorious Aflembly; and in that, as in 
a curious Cryftal, you obferve the true Happi- 
nefs which we all here enjoy. You have diftri- 
buted and divided aright ; and whofoever fees ic 
otherwife hath an evil Eye, or a falfe Glafs. 
We have enjoyed it long, through the happy 
Means of gracious and g;ood Princes; and the 
Vol, VII. Z • Way 

. (tt) From the Epbemerii Parliamentarian compared by the Ma- 
tuifcripts and Rujhwortb, *r 



An.3.ChirIc8l. 



354 The Parliamentary HivSTOry 

Way to enjoy it ftill, '»s to know and heartily t» 
acknowledge it, atnd that God hath not doneji ti 
any other Nation. 

* The prime Caufe or Means of this ourHappi- 
nefs is, as you mention, the Form of Government 
under which wclivej a Monarchy, andthebel 
of Monarchies, where Sovereignty is hereditary; 
no Inter tegnum. nor Competition for a Crown; 
Defcent and Succeffion are all one. The Spi- 
rit of God, by the Mouth of the wifeft of Kings, 
long fince proclaimed this Happineli, Blejid art 
tbouy Landy when thy King is the Son o/Nfiiks. 

* The Frames of other States are fubjeft, feme 
to inconftant Levity, fome to Fa£lion, fometo 
Emulation and Ambition ; and all to manifold 
Diftempers, in which the People go to Wreck. 
Monarchy is the moft natural, and in it Uni- 
ty is the bell Cement of all Government; prin- 
cipally in refpeft of the Unity of the Head, 
whiich commands the reft. And, therefore} (>• 
tber StateS) when they have tried a while, do, 
for the moft part, refolvc into this ; as into the 
beft, for Peace, for Strength, and for Continu- 
ance. But Forms of other Governments, tho* 
never fo exaft, move not of themfelves, but 
are moved of their Governors: And, therefore, 
our Monarchy, (as you have truly faid) and this 
glorious Allembly, the lively Image and Repre- 
sentation of our Monarchy, are made happy and 
perfeft by the Royal Prefence, that fits here in 
his higheft Royal Throne ; the Throne of the 
Law- Giver, glorious in itfelf, glorious by thofe 
happy Laws and Oracles which have iilued from 
it, and moft glorious by them that fit on it, his 
Majefty and his Royal Progenitors ; incompara- 
ble Kings, that, with fo much Honour, have 
fwayed the Scepter of this Kingdom fo many 
Succeflions of Ages. 

* In the next Place, after the Throne of Ma- 
jefty, ypu look into the Chair of Doflrine, the 
reverend Prelates j and upon the Slate of Religi- 

f ODf 



Of ENGLAND. ^55 

OD, their proper Charge. This is the BleffingAn. s.diarleii. 
of all Bleffings, the Pledge and Aflbrance that '?*7« 
fecures to us all the reft ; that as our Religion is 
moft lincere and orthodox, fo our Qergy are emi- 
nent, both for Purity of Dodtrine and Integrity 
of Life ; our Priefts are cloathed with Rightcouf- 
nefe, and their Lips preferve Knowledge ; and< 
therefore, God's Saints may and do fing with 
Joyfulnefs. 

* I mull join with you in attributing this out* 
tranfcendent Blefling, as hi the firft Place, to 
God^s Goodnefej fo, in the fecond, to his Ma- 
jefty*s Piety ; who, following the Steps of his e- 
ver-blefled Father, is careful that all the Lampi 
of the Church may be fumifhed with Oil ; and 
efpecially thofe, which are fei on golden Candle- 
ftics, with the pureft Oil. The Schools alfo, 
and Nurferies of Learning, never fo repleniflied, 
efpecially with Divinity, as in this laft Age ; and 
as they all fhew his Majefty's Piety, fo are they in- 
fallible Arguments of his Conftancy. 

* The Trial, which you call the fiery Trials 
undergone by his Majefty in a Place of Dan- 
ger, iind againft the Power and Policy of Romi 
and Spain^ have approved his Refolution immu- 
table ; and his Oivn remarkable Example in his 
Clofet and his Chapel, his ftridt Over- fight 
of, and Command to his Houfliold- Servants, 
and his Charge to his Bifhops and Judges, his 
Edifts, his Proclamations and Commifljvns, and 
the like, for the Execution of the Laws, and 
his general Care to preferve the Fountain pure 
both from Schifm and Superftition, are fair Fruits 
and EflTedtsof a pious arid Jealous Government. 

' From the Chair of Do<3rine. you turn to the 
State of Honour, unto the Nobles and Barons of 
England Thefe are Robur Belli, who, for the 
Service of tht- King and Kingdom, are to make 
good with their Swords what the Churchmen . 
muft hallow anil blefs by their Prayers. And, 
therefore, as the Prelates are the great Lights of • 
the Church, fo the Nobility are the Stars of the 

Z a • State i 



Ao. 3. Charlei I 
1627. 



356 The Parliamentary Hi story 

State ; and you know that the Stais have fought, 
and fought powerfully, again ft the Enemies of 
God. 

« From the State of Honour, you come to the 
State of Juftice, and to the twelve Lions under 
Sohmonh Throne, the Judges and Sages of the 
Law 5 and as their peculiar Charge intrufted to 
them by our Sovereign, the Laws of the King- 
dom : Laws undoubtedly fitted to the Conftitu- 
tion of this People, for Lege% AngRts and Confue* 
iudines Angha are Synonyfria^ and Conjiietuao efi 
altera Natura\ fo as, befides the Juftncfsand 
Rightnefs of the Laws, they are become natural 
to our People ; and that is one of the powerfulcft 
Means which begetteth Obedience : And fuch 
Laws, in the Mouths of learned and upright 
Judges, are like Waters in a pure Channel; 
which the fairer it runs, the clearer they run, and 
produce that whereof Solomon fpczkSf Prov. 29. 2. 
TVhen the BJghteous are in Authority ^ the People 
rejoice. 

* From the Law, you pafs to the Knights, Ci- 
tizens and Burgefles, or the third Eftate, who 
reprefent the Commons of England^ in whom 
the Scripture is verified ; In the Multitude of Peo* 
pie is the King's Honour : And, therefore, you 
may be fure that Diftance of Place and Order 
breeds no Diftance in AfFedion ; for wife Kingi 
ever lay th^ir Honour next to their Hearts. 
Kings are Pajiores Populi ; and the Shepherd's 
Care is nothing lefs to the furtheft, than to the 
next Part of his Flock j and it is as much towards 
the leaft of his Lambs, as towards the greateft 
Cattle. And as in the Natural Body, no Mem- 
ber is fo remote, but it is ftill within the Care of 
the Head : So in this great politic Body of the 
Kingdom, no Rank or Order of People is fo low, 
or at fuch Diftance from the Throne, but it dai* 
ly feels the Influence and Benefit of the King's 
Care and Proteftion. And, to fay the Truth, 
in a well-governed Kingdom, the fuperior Ranks 
of Nobles, of Judges, and of Magiftrates, are 

* not 



0/ E N G L A N D. 3sr 

not ordained for themfelves, but as Conduits fo^Aa.3.CharleiL 
the King's Juftice, Proredtion and Goodnels to '•»7. 
the lower Ranks of his People ; And as the People 
are, fo it is juft Caufe they fliould be, conftant 
to the Poles oi Love and Loyalfy. 

* And thus having parfued both Houfe*? by di- 
vided Parts, you join them together; and in that 
Junftion, yo i obferve iruly and materially that 
the gieaceft Denial of their joint Requefts, is. 
The King will ad'vife, A Note very remarka- 
ble : It (he ws the Indulgence o\ Kings ; 'it fhews 
alfo the Wiidom and judgment of ihe Houfesj 
the King not willing to deny hi^ People ; Peo- 
ple not willing to pre& their King to a Denial ; 
the One wife and modeft in their Requefts, and 
the Other moderate and fweet in the Anfwer : 
This is the ancient and right Way of Union in 
Parliament. May the God of Unity keep it in 
this, and all enfuing Parliaments! 

* This Union you rightly call the Union o£ 
Hearts, and a Greatnefs beyond the Kingdoms 
which the King inherits : So then it is a Prefent 
fit for a wife People to offer to their Gracious 
King. Wife and magnanimous Kings are a fpe- 
cial Gift from God, having Hearts capable of 
Greatnefs : Union of Hearts is Greatnefs, and 
Greatnefs was never unwelcome to Kings ; and 
therefore prefent and offer it to your King, and 
you cannot doubt of Acceptance. 

* Having fpoken of Union, you fall prefently 
into a Memorial of the great and glorious Adli- 
ons of his Majefty's Predeceflbrs, and into the 
Height and Contemplation of greater that remain. 
If I miftake not your Meaning, you would have 
it underftood, that the Union of Prince and Peo- 
ple made Way to thofe remarkable Ads of for- 
mer Times ; and that we that wifli the like Suc- 
cefs in our Time, ihould look back upon our 
Forefathers. Wifdom requires it ; Honour and 
the Times require it, that we (hould (hew our- 
felves the Sons of our Anceftors, at leaft, in 
holding that which they left us. 

Z 3 * The 



An. 3- Charles I. 



358 The Parliamentary History 

* The Pride of Rome abated, as you fay, by 
England, now lifts up her Horns again : Re- 
ligion, God's Vine, 'slanted and deeply rooted 
here, over-fpread into our neighbour Countries, 
hath of late loft many of her goodly Branches, 
The Auftrian Eagle, that wanted Feathers till 
of late now foars and preys at Will over alL 
Sp^m, fo often foiled by us, hath, by difguifed 
Treaties, defpoiled of their Patrimony ihofe 
princely Branches of our Royal Cedar ; andpofts 
apace to his univerfal Monarchy, to the Ruin 
of us, our Friends and Religion. 

* God hath his Time, and 1 truft a Time to 
ftop their Courfe : I know not but we may ex- 
pedt it as well now as ever. There is a Refohi- 
tion in our King, and there is, I truft, C for lam 
fare there was) a Refolution in our Parliamenti 
for great Adlions. Our King as he hath a &&- 
mon^ lb hath he many Davids in the glorious 
Catalogue of his Royal Defcent ; and hath linked 
himfelf to the Houfe of Henry the Great^ who 
bears a glorious and aufpicious Name fuitable to 
his Thoughts and Dtfires : And, therefore, fince 
Honour and Religion call for it ; and fince you 
have encouraged him to fight Jehovah^ Battles, 
let all put to their Hands, that our King and Na- 
tion may have the Honour to fet Chr0endom ia 
her right Balance. 

* And now to come to the Petitions you have 
made for the Houfe. His Majefty rooft graci- 
oufly and readily grants them all, according to 
your true and antient Rights and Privileges of Par- 
liament 5 which, his Majefty trufts, you will rak6 
Care not to exceed or tranfgrefs ; and, therefore, 
you may go chearfully together, and fpeedily 
fer about the Public Affairs. And may Almighty 
God profper the Works of your Hands, I fay, 
the Almighty God profper your Handy- Work !' 

The next Thng we meet with in Rajbivortb^ 
\^ a long Affair concerning the Inconveniences and 
Qrievances of the Slate ^ which, he fays, wascomr 

Wwicat?e| 



Of ENGLAND. SS9 

liiuhicated to the Members of the ffoufe offJom-An.3 csiaricsr. 
mons, and was then called, jI Speech without *^*^- 
Doors {x).'-^Ti\xx^ as the Reader will find fufficient 
Employment in pcrufin'g the Speeches that were 
made within^ this Seflion ; we fhall pafs by the o-* 
ther, on purpofe, to come to a more certain Ac- 
count (if r hings delivered from the Matrths of the 
Members themfelves. 

■ « * 

It is feid, by an Hiftorian {y)^ That the Members 
return'd to ferve in this prefent Parliament, Were 
to rich, that they were able to buy the Houfe of 
Lords three Times over. This, though probably 
an Hyperbole^ yet is fufficient to (hew to what a 
Height of Riches the Commons of England were 
arrived at in thofe Days — But to our Journals. 

March the 20th, the feveral Committees for 
Privileges and Eleftions, for Religion, for the 
Courts of Juftice, for Grievances, and for Trade, 
being fettled ; and their feveral Days in the Week, 
for meeting, being appointed ; the next Care of 
the Commons waa, to begin their Work well by 
fome primary Adls of Devotion. Accordingly, 
we find that the ikme Day it was ordered, * That The Commons 
all the Members of that Houfe {hould receive the receive the Sa- 
Communjon at St. Margarefs Church, fVeftmin-'^''^^* 
jlsr^ on Sunday the 6th of April next. Particu- 
lar Perfons were affigned to fee that each Member 
took the fame ;* who were to have, and produce in 
the Houfe, Certificates of it, before they were allow- 
ed to fit there. But, left this Piece of Devotion 
fhould be termed, as it had been, an old ftale Trick 
to catch concealed Papifts by, it was followed by 
a Motion for a Committee to be appointed, to 
draw up a Petition to the King, for a General Faft, 
to be obfervcd throughout the Kingdom. This 
Petition was drawn, read, and agreed unto, the 
next Day ; and the Lords were defired to concur 
with them in it; which, being, alfo, confented 

to, 

(x) RuJJywirtb^ Vol. I. p. 449. 

{y) SMttder[on\ Life of ^niCbarUi I. p. iq6« 



Petition of both 
HoiifesforafaAt 



360 The Tar liamentary HisroKY 

An. 3. Charles 1. to, the Petition was prefented to the King, iabdH 
1617. y^rba {z). 

Moji Gracicus Ssivereign^ 

WE your mofthumbleand loyal SubjeSs,the 
Lords Spiritual and Temporal , and Com- 
mons, in this prefent Parliament aflembled ; upon 
a tender and compaflionate Senfe of the extreme 
Calamities of the Reformed Churches abroad ; and, 
with much Sorrow, apprehending the Difjdea- 
fure of Almighty God, declared againft ourfclves, 
by the manifold Evils already fallen upon us and 
thofe which are further threatened ; as by your 
Sacred Majefty were intimated unto us, even to 
the utter Deftrudlion and Sybverfion of this 
Church and State ; all which our Sins have moft 
juftly deferved : And being now, by your Mi^- 
jefty's gracious Favour, alTembled in Parliament, 
as the Great Council of this your Kingdom, to 
confult of fuch Means, as we think fitted, to 
redrefs the prefent, and prevent the future Evils 5 
wherein we, through God's Bleffing, intend to 
employ our utmoft Endeavours, [JFith as good 
Hearts to your Majefty and the Public Service^ as 
ever People did,] humbly befeech your Majefty, 
that by your fpecial Command, one or more 
Days may be, forthwith, folemnly fet apart; 
wherein, both ourfelves and the whole Kingdom 
may, by Fading and Prayers, feek Reconcilia* 
tion at the Hands of Almighty God ; and with 
humble and penitent Hearts befeech himtore^ 
move thofe Miferies, that lie upon us and ouf 
neighbour Chprches ; to avert thofe which are 
threatened ; to continue the Favours we yet en* 
joy ; and, particularly, to bedow his abundant 
Bleffing upon your Majedy, and this prefent 
Parliament ; (o that all our Councils and RefO'* 
lutions, being bleffed by his Divine Affiftance, 
may produce much Honour, Safety, and Hap- 
pincis to your Majedy, your People, and Allies/ 

Tq 

(^) From Rujhwprtb, corrc^ed by the Lord's Journak, 






Of ENGLAND. 361 

To tbb Petition, the King, the next Day, re- An. 3«Chari«l« 
turned an Anfwer, in Writing, to this Purport \a). '^*'^' 
« That his Majcfty was Well plcafed with their 

* Requeft, and is well contented to have a Faft ;^« King's An- 

* as for the Time of keeping it, he appointed Stf • ^^* 

* turday^ April ^^ in London^ Weftmnjltr^ and by 
^ both Houles. Before which Time, he hoped 

* that they fliould have Caufe to praife God for the 

* good S>icefs of what they fliall, by that Time, 

* refolve on ; as, alfo, beg his Mercies towards 
^ others of the Reformed Religion, now under 
^ dangerous Calamities ; and both thefe in one/ 
The King appointed the 21ft of J^ril for a Ge- 
neral Faft throughout the reft of the Kingdom. 

The Commons went now upon the old Topic 
e( Grievances 9 and many Complaints were made 
againft the Government, for Billetiing of Soldiers ; 
Railing Money by Loans, by Benevolences and 
Privy-Seals: And, what Was too frelh in Memo- 
ry, the Imprifonment of certain Gentlemen, whoP'^**?"?*"'?*^* 
refufed to lend, upon that Account; and, after- "^"**^' 
wards, bringing their Habeas Corpus ^ were, ne- 
veriholefs, lemanded tp Prifon. All thefe took 
Place before the Supply ; nor did the Houfe incline 
to grant any till thefe Grievances were redrefled. 
In the Debate upon thefe Matters, feveral Speeches 
of the Members are preferved, both in Print and 
Manufcript ; all which we have ranged in the heft 
Order we could, diftinguifliing the feveral Authori- 
ties from wh.nce they are taken : It happened on 
the 22d of Marchy and was opened by Sir Francis 
Seymour, to the following Effeft (A). 

Sir Francis 'Seymour, * This is the great Council 
of the Kingdurii ; and here, if not here alone, his 
Majtrty may lee. as in a true Glafs, the State of 
the Kint'^doin. We are all called hither, by his Ma* 
jefty's Wiits, to j£,ive him faithful Counfei j fuch as 

may 

fa) yourn. ^rocer, 

(b ) I* 10m Si. Jufm Na^ier^9 Manufcript. — Differently given la 



g^a The Tarliamefttary Hi story 

4s.3.CfcarSeil.inay ftand with his Honour ; but that we malt do 
"^^^ without Flattery: And being chofcn by tlic Com- 
mons to delirer up their juft Grievances ; this we 
jnuft do without Fear. Lret us not be like Camif- 
fei'h Judges ; who, being a&ed by him concerning 
fomething unlawful, faid, Tho' there were no 
written Law, the Pit/tan Kings might do what 
they lift. This was bafe Flattery, fitter for Re- 
proof than Imitation ; and as Flattery, fo Fear ta- 
keth away the Judgment. For my pwn Part, I 
ihaM fhun both thele ; and fpeak my Mind with as 
much Duly to his Majefty as any Man, not ne- 
gfcfting the Public. 

^>>u.-. -,>. ^ ' But /how can we fpeak our AfFe^iom whife 
we retain our Fears ; or fpeak of giving, till we 
know, whether we have any Thing to give : For if 
his Majefty may be perfuaded to take what he will, 
what need we to give ? 

*• That this hath been done, appeareth by the 
Iwltetting of Soldiers ; a Thingno way ad vantageoBS 
to his Service, and a Burthen to the Common- 
Wealth : The Imprifonment of Gentlemen for 
the Loan J who, if they had done the contrary for 
Fear, their Faults had been as great as thofe who 
were the Projedlors of it. To countenance thefe 
Proceedings, hath it not been preached in the Pulpit, 
or rather prated,yf//w/Aflz;^ is theKing*s JureDivinif 
But when Preachers forfake their own Calling, and 
turn ignorant Statefmen ; we fee how willing they 
are to change a good Confcience for a Biflioprick. 

* It is too apparent the People fufFer more now 
than evier : Will you know the true Reafon ? We 
Ihall find thofe Princes have been in greateft Wants 
and Neceflities, that have exa<9ed moft of their 
Subjefts. The Reafon is plain : A Prince is ftrongeft 
by faithful and wife Counfel : I would I could truly 
fiy fuch had been employed abroad. I fpeak thtt 
to fhew the Defeft proceeded not from this Houfe.^ 
» ' i muft confefs he is no good Subjeft that would 

not willingly and freely lay down his Life, when 
the Ena may be the Service of his Majefty, and the 
Good of the Common- Wealth ; But he is no good 

Sub- 



Of ENGLAND. 3(^3 

lubjeQ, but a Slave, that will let his Goods be ta- Aa.3.Charleit. 
ken from him againft his Will, and his Liberty, s^« 
jigainft the Laws of the Kingdom. In doing this 
we {hall but tread the Steps of our Fore- Others, 
who ftill preferred the public Intereft before their 
own Rights, nay, before their own Lives. It will 
be a Wrong to us, to our Poiterities, to our Con- 
fciences, if we IhaU forego this. This we (hall do 
well to prefent to his Majefty.f 

^ I offer this in the general, thinking the Particu-* 
lars fitting for Committees. What I may now 
iay, or fhall then, I fubmit to better Judgments.' 

Sir John Eiliot did paflionately and rhetorically 
fet forth our late Grievances ; he mifliked much the 
violating of our Laws ; urged many good Argu- 
ments for our propugning them s and concluded^ 
with Sir Francis Seymmtj for a Committee (c). 

Sir Humfrey Maye. ' Let us take heed of di- 
ftruiling the King, who is young and vigorous, full 
of Spirit and Courage, and may be won to our De- 
fires by our complying ;— He alledged all thefe il- 
legal Proceedings were Adions of Neceflity, and 
the iike ; with other Things, by way of £xcufe (rf/) 

Sir Thomas Edmonds, * The King congratula- 
ting this prefent Parliament, he prays for a fpeedy 
Supply ; he afTures us of his gracious Inclination to- 
wards us, and of the Confequences of this Meeting ; 
doth intimate how much the Safety of ourfelves and 
Confederates abroad depends upon the good Succels 
thereof; and he wilheth a general Oblivion of 
Things that are palt, left they caufe Diftradtioos 
anew, .without a primary and free Supply to his 
Majefty {e): 

Su kolert Philips, * I read of a Cuftom amongft 
the old Romans^ that once every Year they had a 
folemn Feaft jor their Sla es ; at which they had 
Liberty, without Exception, to fiTcak what they, 
would, rhrrcb>^ toeale their ifHifted NJi^ds ; which, ' 

bemg finiftiei, they leveially returned tp their for- 
mer S^rv lude. 

* This 

Ui dt e) From Che Sfhtrntrtt ParUifmevtariaff corr^^d by ^^ 



3 64 The Tarliamentary Hi s TO rt 

j.CfatrUti. « This may, with fome Refcmblancc and Df- 
*^^' ftinftion, well fet forth our prefent State ; where 
now, after the Revolution of fome Time, and grie- 
vous Sufferance of many violent Oppreffions, we 
have, as thofe Slaves had, a Day of Liberty of 
Speech ; but (hall not, I truft, be hereafter Slaves, 
for we are free : Yet what new illegal Procecdingi 
our States and Perfons have fuffcred under, my 
Heart yearns to think, my Tongue falters to utter. 
They have been well reprefented by divers worthy 
Gentlemen before^ne 5 yet one Grievance, and the 
main one, as I conceive, hath not been touclied, 
which is our Religion: Religion, Mr. Speaker, 
made vendible by Comroiffion; and Men, for pe- 
cuniary annual Rates, difpenced withall ; whereby 
Papijis may , without Fear of LaWjpraftice Idolatry/ 

* For the Oppreffions under which we groan, I 
draw them under two Heads ; ACls of Power a- 
gainft Law, and Judgments of Law againft our 
Liberty. 

* Of the firft Sort are, ftrange Inftrudiionsj vio- 
lent Exaftions of Money thereupon j Imprifoti- 
ment of the Perfons of fuch who (to deliver over 
to their Pofterity the Liberty they received from 
their Fore-fathers, and lawfully were in poffeffion 
of) refufed fo to lend ; and this aggravated by the 
remedilefe Continuance and Length thereof: And 
chiefly, the ftrange, vaft, and unlimited Power of 
our Lieutenants and their Deputies ; in billeting of 
Soldiers, in making Rates, in granting Warranto 
for Taxes as their Difcretions fhall guide them : 
And all this againft the Law. 

* Thefe laft are the moft infupportable Burdens 
that, at this prefent, afflift our poor Country ; and 
the moft cruel Oppreflion that ever yet the Kingdom 
of England endured. Thefe upftart Deputy- Lieute- 
nants (of whom, perhaps, in fome Cafes and Times, 
thtre may be good Ufe, being regulated by Law) 
are the worft of Grievances ; and the moft forward 
and zealous Executioners of thofe violent and un- 
lawful Courfes which have been commended unto 
tliem ; of whofe Proceedings, and for the quAlifying 



0/ E N G L A N D. ^6s 

of whofe unruly Power, it is more than Time to AiLj.charki], 
cbnfult and determine. \ *^7« 

* Judgments of Law againft our Liberty there 
have been three ; each latter ftepping forwarder than 
the former, upon the Right of the Subject ; aiming 
in the End to tread and trample under Foot our 
Law, and that even in the Form of Law. 

* The firft was the Judgment of the PoJ}nati{f) ; 
whereby aNation (which Iheartily Jove for their An- 
gular good Zeal in our Religion, and their free Spirits 
to preferve our Liberties far beyond many of us) is 
made capable of any the like Favours, Privileges, 
and Immunities as ourfelves enjoy ; and this cfpeci- 
ally argued, in the Exchequer Chamber, by all the 
Judges oi England* The fecond was, the Judg- 
ment upon Impofitions, in the Exchequer Court 
by the Barons ; which hath been the Source and 
Fountain of many bitter Waters of Affliftion unto 
our Merchants, The third was, that fatal late 
Judgment againft the Liberty of the Subjeft im- 
prifoned by the King, argued and pronounced but 
by one Judge alone. 

* I can live, altho* another who has no Right be 
put to live with me ; nay, 1 can live ahho' I pay 
Excifes and Impoliiions more than I do ; but to 
have my Liberty, which is the Soul of my Life, 
taken from me by Power ; and to have my Body 
pent up in a Goal, without Remedy by Law, and 
to be fo adjudged : O improvident Anceftors ! O 
unwife Fore- fathers ! To be fo curious in providing 
for the quiet Poflcflion of our Laws, and the Li- 
berties of Parliament 5 and to negleft our Perfons 
and Bodies, and to let them lye in Prifon, and that 
durante Beneplacito^ remedilefs! If this be Law, 
why do we talk of L berties ? Why do we trouble 
ourfelves with a Dilpute about Law, Franchiles, 
Property of Goods, and the like ? What may any 
Man call his own, if not the Liberty of his Perfon ? 

* I am weary of treading thefe Ways ; and there- 
fore conclude to have a feleft Committee deputed, 
to frame a Petition to his Majefty for Redrefs of 

Ihefc 

(/*; T)^t Scots. 



^66 The Tarliamentary Hi s T ory 

Aa. |. Charlet Lthefe Things ; which being read, examined and ap- 
'^*7- proved by the Houfe, may be delivered to the King i 
of whofe gracious Anfwer we have no Caufe to 
doubt, our Defires being fo reafonable; our Inten- 
tions to loyal, and the Manner fo humble : Neither 
need we fear this to be the critical Parliament, as 
was infinuated, or this a Way to Diftra£lion ; but 
aflure ourfelves of a happy Iffue. Then fhall the 
King, as he calls us his great Council, find us his true 
Council, and own us his good Council. Which 
God grant {g) V 

Mr, Godwin. * It hath pleafed his Majefty, in 
his laft Speech, to intimate unto us the Caufe of our 
Meeting ; which is to grant Supply againft the great 
and common Dangers that threaten the Ruin of 
this Kingdom ; and as the Time of our Sitting can- 
not be long, he therefore wifheth us to avoid all 
te^^ious Refolutions. In conformity whereunto I 
propound. That, laying afide all other Matters, we 
addrefs ourfelves to that for which we were called 
hither ; wherein, as in the firft Place, we have well 
begun, in our pious Humiliation towards Almighty 
God ; fo let us now .proceed to ferve and fupply 
the King ; yet fo as to fatisfy our Country that 
fent us hither, and preferve our Rights and Privi- 
leges ; . which have as furely been broken and infirin^ 
ged, as undoubtedly they belong to us [b)* 

Sir Benjamin Rudyard, * It is the Goodnefs of 
God, and the Favour of the King, that hath 
brought us again to this Place, and if we be thank- 
ful to both, as our Duty to both requires, our 
Meeting certainly will be crowned with a Bleff- 
ing. 

' This is the Crifis of Parliaments ; by this wc 
fhall know whether Parliaments will live, or die; 
Bcfides, the Eyes of Cbriftendom are upon us ; the 
King and the Kingdom will be valued, and difva- 
lued, both by Enemies and Friends, according to 
the Succeis of this Parliam.fnt. The Council here 

in 

{g, b) Fxt>in th^Epbemerit Parliamentaria and Mimnicripts.— Sir 
Sobert FhiUpi\ u difforeatiy given mRuJhwortbi and Mx. Cod* 
w/»*t omittedt 



0/ E N G L A N D. 367 

in this Houfe will have an Expectation upon a1lAn.3«CiHKlcii. 
the Councils of Chriftendom ; our Lives, our For- '**7* 
tunes, and our Religion depend upon the Diflblu- 
tion of this Aflcnibly, wherefore we had need to 
be wife. 

« His Majefty hath already begun in Affeflion, 
proclaiming, through the whole Kingdom, that 
he relies wholely upon our Loves j which, if we 
do not anfwer in our Aftions, we are woife than 
unworthy of his. The Caufe why we arc called 
hither is, to fave ourfelves ; and Self-Prefervation 
is a Thing fo natural, ^s fure, no Man needs to 
be perfuaded to it. 

* Mr Speaker, we are not now upon the bem 
ejje of the Kingdom, we are upon the very ejfe of 
it ; whether we (hall be a Kingdom or no ; when 
we have made it fure that England is ours, thea 
may we have Time to prune and to drefe it. \Jl% 
it a fmall Matter think you, that we have a£lu- 
ally invaded the Territories of two of the moft 
powerful Kings of Chriftendom, provoking them 
only, without weakening them at all ? Nay, that 
they are both united, and become better Friends, 
than ever they meant to have been ? Seems it a 
fmall Thing unto you, that we have beaten our- 
felves, more than our Eilemies could have done ? 
And fliall we ftill continue to do fo by our Divi- 
fions, by our Diftraftions? Men and Brethren* 
what (hall we do? Is there no Balm in Gi/eadi 
Is there no Remedy here ? Then is it no where 
to be found, but in Ruin ? If we perfcvere, the 
King to draw one Way, the Parliament another, 
the Common- Wealth muft fink in the Midft: 
But 1 hope better Things of fo grave, fo wife an 
Aflembly. 

Mr Speaker^ I am no Man's Advocate, for I 
ever held it a Thing beneath the Dignity, againft 
the Integrity of this Houfe, to refpeft any parti- 
cular, but as he concerns the general ; neiihtr am I 
fo wife, or fo prefumptuous, as to condemn what- 
foever hath been determined by a major Part, in 
this Place. Yet, Sir,- give me Leave to fay this. 

That 



3 6S the Parliamentary Hi s TO r y 

An. 3. Charles I. That one Parliament may inftru<5l another, as one 
'*^*7. Day telleth another. Out of which Confidera- 
tion, I humbly befeech this Houfe, to be curioully 
wary and careful to avoid all Manner of Contefla- 
tion, perfonal or real. The Hearts of Kings arc 
' great, as are their Fortunes ; then are they fitted 
to yield, when they are yielded unto. It is comely 
and mannerly, that Princes, in all fair Appea- 
rance, (hould have the better of their Subje6ls« 
Let us, Mr Speaker^ give the King a Way to come 
oflF like himfelf ; for I do verily believe, that his 
Majefty doth, with longing, expeft the Occafioli. 

* Notwithflanding, it is not only lawful for us, 
but it is our Duty, both to advertile and advife the 
King, concerning the weighty Affairs of the King- 
dom,' elfe are we fo far from being a great Coun- 
cil, as we are no Council at all. But the Way to 
Ihew that we are the wife Counlellors that we 
fhould be, is, to take a right Courfe to attain the 
End of our Counfels ; which, in my Opinion, 
(always fubmitting to the better Judgment^ may, 
by this Means, be compaffed. 

« By trufting the King, thereby to breed a 
Truft in him towards us } for, without mutual 
Confidence, a good Succefs is not to be eJrpedted ; 
by giving a large and ample Supply, proportiona- 
ble to the Greatnefs and Importance of the Work 
in Hand ; for Counfel without Money is but a 
Speculation. 

* By proftrating our Grievances and Advices, 
modeftly and humbly at his Majefty's Feet ; for 
from thence are they likelieft to find a Way to his 
Majefty's Heart. 

* By making it appear, that whatfoevcr wc 
(hall omit or abate, proceeds merely out of a du- 
tiful and awful Refpedl to the King only 5 for the 
Body of a Parliament acknowledgeth but one 
Head : And, to fay all at once, Mr. Speaker^ let 
our whole Labours and Endeavours be, to get the 
King on our Side, for then (hall we obtain whai- 
foever we can reafonably expeft or dcfirc. 

• And 



Of ENGLAND. 36^ 

* And this may be no hard Matter to effedtf Ao.s.Chafkt^ 
confidering the Neamefi of Relation, between the iHi% 
King and his Subjects, is fuch, as neither can have 
Exiftence without the other. 

As concerning the Bill brought in by that honour* 
able and reverend Perfon, [Sir Edward Coke] it is, ' 
no Doubt, neceflary, for the Prefervation of the 
Liberty of the SubjeA; for this I fpeak refo- 
lutely, he, that is not fafe in his Perfon and bi$ 
Goods, dwells not at home. 

* Thefe Particulars, I humbly offer to the Con- 
fideration of the Houfe, wherein, I have declared 
myfelf freely and fincerely (/)/ 

Sir Thomas Wentwortb. * May this Day's Re- 
folution be as happy, as I conceive the Propofition^ 
which now moves me^o rife, to be feafonable and 
neceflary : For whether we (hall look upon the King 
or his People, it did never more behove this great 
Phyfician, the Parliament, to cffeft a true Con- 
fent amongft the Parties than now. This Debate 
carries with it a double Afpedl } towards the Sove- 
reign, and towards the Subjeft ; tho' both be inno- 
cent, yet both arc injured ; both to be cured. In 
the Reprefentation of Injuries I (hall crave your 
Attention ; in the Cure, I (hall befeech your equal .^ 

Cares and better Judgments. J, 

* In the greateft Humility I fpeak it, thefe illegal 
Ways are Punifhments and Marks of Indignation ; 
the raifing of Money by Loans, ftrengthened 
by Commiflion, wiih unheard-of Inftruflions^ the 
blUelting of Soldiers by the Lieutenants and Deputy- 
Lieutenants, have been as if they could have per- 
fuaded Chriftian Princes, nay Worlds, that the 
Right of Empire was to take away Goods by 
ftrong Hand ; and they have endeavoured, as far 
as was pollible for them, to do it. 

' I'his hath not been done by the King, (under 

the pleafing Shade of whofe Crown, I hope we (hall 

Vol. VII. A a ever 

(/) From Sir Jtbn Napier'a Manufcript. In the Epbemerit 

Parliametttanaf Rujhwortb, and a Manufiript Actount of tnc Pro- 
ceedings of this Parliament ii the HarUyan Ukrarj, there are 
only t tiew brakeo Hints of this Speech. 



3 70 75&^ TarliameHtaryHisTo k y 

An.s.tharleil.evcr gather the Fruits of Juftice) but by Projefiors: 
1617. Thefe have extended the Prerogative of the King 
beyond its juft Limits, which marrs the fweet Har- 
mony of the whole. ^ 
^ * They have rent from us the Light of our Eyes 1 
enforced Companies of Guefts worfe than the Or- 
dinances of France ; vitiated our Wives and Daugh- 
ters before our Faces ; brought the Crown to great- 
er Want than ever it was, by anticipating the Re- 
venue : And can the Shepherd be thus fmitten, and 
the Flock not be fcattered ? 

* They have introduced a Privy Council, ravifli- 
5ng, at once, the Spheres of all aiitient Government; 
imprifoning u? without Bail or Bond. They have 
taken from us, what (hall I fay ? Indeed what have 
they left us ? They have taken from us all Means 
of fupplying the King, and ingratiating ourfelves 
with him, by tearirg up the Roots of all Property ; 
which, if they be not feafonably fet into the 
Ground by his Majefty*s Hand, we fhall have, in* 
Head of Beauty* Baldnefs. 

* To the making of all thefe whole I (hall apply 
myfelf, and propound a Remedy to all thefe E)if- 
cafes. By one and the fame Thing hath the King 
and People been hurt, and by the fame muft they 
becured: Tovindicate what ? NewThings? No; 
our antient, lawful, and vital Liberties, by reinfor- 
cing of the antient Laws made by our Anccftors ; 
by fetting fuch a Scamp upon them, as no licentious 
Spirit Ihall dare hereafter to enter upon them. And 
Ihall we think this a Way to break a Parliament ? 
No : Our Defires are modeft and juft. I fpcak 
truly, both for the Intereftof the King and People. 
If we enjoy not thefe, it will be impoflible to re- 
lieve him : Therefore let us never fear but they 
will be accepted by his Goodnefs. 

* Wherefore I fhall defcend to my Motion, 
which confifts of four Parts j ty/o of which have 
Relation to the Perfons, and two to the Property of 
our Goods. 

^' ' Firfl^ For our Perfons, the Freedom of them 
fiom Iniprifonmcnt, and from Employments a- 

broad. 



0/ E N G L A N D. 371 

broad againft our own Confents, contrary to thcA«,3.chtrieii. 
antient Cuftoms of this Kingdom. i6s7« * 

' The fecond^ for our Goods, That no Levies 
may be made but by Parliament ; and no Billet- 
ing of Soldiers. 

* It is moft neceffary that thefe be refolved, that 
the Subjects may be fecured in both. 

* Then, for the Manner*, it will be fit to deter- 
mine it by a grand Committee {k)' 

Sir Edward Coke, * Dum Tempus habemus^ 
Bonum operemur. I am abfoluiely for giving Sup- 
ply to his Majefly ; yet with fome Caution. To 
tell you of foreign Dangers and inbred Evils, I 
will not do it ; the State is inclining to a Confump- 
tion, yet not incurable ; I fear not foreign Ene- 
mies ; God fend us Peace at Home: For this Dif-. 
eafe, I will propound Remedies ; I will feek no- 
thing out of my own Head, but from my Heart ; ' 
and out of A£ls of Parliament. I am not able to 
fly at all Grievances, but only at Loans. Let 
us not flatter ourfelves. Who will give Subfidies, 
if the King may impofe what he will ? And if, af- 
ter Parliamenc, the King may enhance what he 
pleafeth ? I know the King will not do it. I know 
he is a religious King, free from perfonal Vices % 
but he deals with other Men's Hands and fees with 
other Men's Eyes. Will anv give a Subfidy, if 
they are to be taxed, after Parliament, atPleafure? 
The King cannot lawfully tax any by way of 
Loans. 1 differ from them, who would have this 
of Loans go amongft Grievances; for 1 would 
have it go alone. 

* ril begin with a noble Record : It chears me 
to think of it, 26. Edward III. Ir is worthy to be 
writK n in Letters of Gold : Loans again/} the Will 
of the Subje^^ are againji Reajon^ ana the Fran* 
ehije^ of the Land \ and they dejire Rejiitution [I) : 
What a Word is that Franchiiie? The Lord may 
tax his Villain high or low, but it is againft the 
Franchifes of the Land, for Freemen to be taxed, 

A a 2 but 

(k) From a Manufcript in the Ikulexan library : But there is an 
>lbftraa of it in Hujhwortb* (0 Se« Vol, I. p. »7S, 



^yi The Parliamentary History 

Aii.3.diarlesl.but by their Confent in Parliament. Franchifcb 
afoy. a French Word, and in Latin it is Lihertas. In 
Magna Cbarta it b provided, that, Nulius Hbtr 
Hamo capiatur^ vel imprifonetur^ aut diffeifetur di 
libero 7enemento fuo^ ^c* ni/t per legale Judicium 
Parium fuorum, vel per Le^em Terra : This Char- 
ter hath been confirmed by fundry good Kings^ 
above thirty Times {m)! 

Sir John Cooie, Secretary of State. • I bad ra- 
ther you v^ould hear any Man than me. I will not 
anfwer vs^hat hath been already fpoken. My In- 
tent is not to ftir, but to quiet ; tiot to provdkSf 
but to appeafe : My Dcfire is, that every one re- 
fort to his own Heart to reunite the King and the 
State, and to takeav^ay the Scandal from us. £- 
very one fpeaks from the Abundance of his Heart: 
I do conclude, out of every one's Conclulion, both 
to give to the King, and to redrefs Grievances; 
all the Difference is about the Manner. We are 
all Inhabitants in one Houfei the Commonwealth.' 
Let every one amend bis own Houfe, for fomc" 
"What is amifs in every one : But if all the Houfe 
be on Fire, will ye then think of mending what 
is amifs? Will ye not rather quench the Fiic? 
The Danger all apprehend ; the Way that is pro- 
pounded, I feek not to decline. Illegal Courfes 
have been taken, it muft be confefled ; the RedreA 
muft be "by Laws and Punifhment : But, withal, 
add the Law of Neceffity : Neceffity hath no Law, 
you muft enable the State to do, what you do, 
by Petition, require. It is wiflied that we begin 
with Grievances: I deny not that we prepare them, 
but fhall we offer them firft ? Will not this feem 
a Condition with his Majefty i Do we not deal 
With a wife King, jealous of his Honour ? All the 
Subfidies we can give cannot advantage his Majefty 
fo much, as that his Subjects do chearfuUy agree 
to fupply him : This will amaze the Enemy more 
than ten Subfidies: Begin, therefore, with the 
King, and not with ourfelves. 

But 

(m) This and the Mloviof from Rufimtth, p« foai corccAid 
ky -the Manvfcrtpu. 



Of ENGLAND. 373 

But neith^ this Day, nor the next, produced any ^^ ^ ^•^*» ^ 
Refolutions 5 the Time being Ipent in a genera! open* * *^' 
ing of Grievances from all Parts of the Kingdom. 

We are obliged to Mr- Ryjkvorth for the follow- 
ing Etebaies, on the Supply, ^V. which were 
©penrd, by Secretary Cooi^ on the 24th of March^ 
to this ESeii {n) ; 

* We all thmk fit, thit both SuppL*^ and Grie- 
vances go hand in hand together ; but lei me put 
you in Mind of ih.u which c ncerns the King: 
Lei him have the Precedency of Honour, if not 
of Time: Let the Heads of the King's Supply 
fiift be propounded; this will be an Honour to^ 
the King, and will do Service to the Houfe ; the 
End of thii> P«arliament is the Subfiftence of the 
King, as he himfelf hath declared ; and fuch a 
Command is not now to be flighted : T he King him* 
Jelf propounded it, and then he will agrte with us 
in other Requefts that are fit for a King t# give : 
We, that lave the Happinefs to attend his Majef- 
ty, can tell you, that ik> King is more ready to 
hear the Complaints of his Subjects ; and, withal, 
you know no King is more fenfible of all Re* 
proaches which touch his Honour. 

* Will it not be fit to grant him this Honour, 
to have the Precedency ? It was the Speech of aa 
antient Parliament- Man, Let us deal gently with 
our King: By thefe Laws that we make, we do 
bind ourfelves ; and it is an Addition to his Power: 
None dies, but he leaves his Heir to the Favour of 
the King : We having made our firft Union with 
God, it is next intended, that we be at one with 
our King : Is it not fit we be at Peace with our 
Head ? His Majefty defires it, and cxpedls it. 
After this Unity with our Head, there is Confide- 
ration to be had oftJnity with ourfelves ; after 
this, we (hall be all knit in one Body ; we (hall 
all pronounce, clearly Shibolethi and we (hall 
confidcr of the Grievances and Irregularities of the 

A a 3 rimes, 

(») Tbit Speech is oot b a&y of oar Maimfcripti or PampUetl | 
sod \ht Joumak are iUent about itf 



374 TheTarliamentaryilisTOKr 

Aa.3.Charltti.Times, which nonedefires to be reforih'd more 
»6*7» than his Majefty, and thofe whom you think moft 
averfe : Let us take the belt Way for Reforma- 
tion: And will not this be an happy Union, if the 
whole Body concur to reduce all into Regularity? 
If Laws be our Birth- Rights, we (hall hereby re- 
cover them and their Splendor : This will have a 
good Afpe£t abroad, and will give Courage to oar 
Men that have been defpifed ; it will prevent Prac- 
tices to continue Divifions amongft us, both at 
home and abroad. 

* The firft Sower of Seeds of DiftrafHons a- 
mongft us, was an Agent of Spain^ Gondomar^ 
^ that did his Mafter great Service here and at Home 
Since that we have had other Minifters that have 
blown the Fire : The Ambaffador of France toM 
his Mafter at home, what he had wrought here 
the laft Parliament, namely, Divifions between 
King and People ; and he was rewarded for \t^ 
Whii# we fate here in Parliament, there was ano- 
ther intended Parliament of Jefuits in ClerkenwiU^ 
and other Well-willers, within a Mile of this 
Place : That this is true, was difcovered by Letters 
fent to Romi ; the Place of their Meeting is chang- 
ed, and fome of them are there where they ought 
to be : If you look in your Kalendar, there is a 
Day of St, Jofeph ; it was called in the Letter the 
Oriental Day, and that was the Day intended for 
their Meeting. I fpeak this, to fee God's Hand 
to work our Union by their Div<fion ; they arc 
not more rent from us, than they are from them- 
felves. I defire the meaneft Judgment to confider 
what may follow by giving Precedency to his Ma- 
jefty ; and, by fo doing, we fhall put from our- 
* felves many Imputations. If we give any Occa- 
fion of Pireach, it isagreat Difadvantage ; if other- 
wife, it is an Obligation to the King, which his 
Majefty will not forget/ 

Then he made a Motion, That the fame Com- 
mittee may hear Propofitions of general Heads of 
Supply i and, afterward, go.to other Bufinelles of 

the 



Of EN G 3L AND. S7S 

the Day for Grievances. Others preferred theAn.3. cJiarleth 
Confideration of Grievances, as a particular Root '^>7* 
that invades the main Liberty of the SubjeS. It 
is the Law, faid they, that glorious fundamental 
Right, whereby we have Power to give ; we de- 
fine but that his Majefty may fee us have that Right 
therein, which, next to God, we all defire ; and 
then, we doubt not, but we fhall give his Ma- 
jefty all the Supply we can. l^he Time vi^as, 
when it was ufual to defire Favours for fowing 
Difcords, as Gondomar did for Sir JValter Raw- 

leigh's HG2id, But the Debates of this Day 

came to no Refolution* 

March 25th, Mr Secretary Cook tendered the 
Houfe certain Propofitions from the King, touch- 
ing Supply; and told them. That his Majefty 
finding Time precious, expefls that they fhould 
begin Ipeedily ; left they fpend that Time in Deli- 
beration, which fhould be Ipent in Aftion : That 
he efteems the Grievances of the Houfe his own, 
and ftands not on Precedence in Point of Honour: 
Therefore to fatisfy his Majefty, let the fame 
Committee take his Majefty's Propofitions into 
Confideration ; and let both concur, whether to 
fit on the One in the Forenoon, or the Other ifl 
the Afternoon ; it is all one to his Majefty. 

Hereupon ||the Houfe turned themfclves into a 
Commitee; and commanded Edward Littleton^ 
Efq; into the Chair; and ordered the Committee 
to take into Confideration the Liberty of the Sub- 
jefl:, in his Perfon, and in his Goods ; and alfo to 
take into Confideration his Majefty's Supply. In 
this Debate, the Grievances were reduced to fix 
Heads, as to ourPerfons. i. Attendance at the 
Council-board. 2. f mprifonment. 3. Confine- 
^lent. 4. Defignation to Foreign Employment. 
5, Martial Law. 6. Undue Proceedings in Mat- 
ter of Judicature.'.' 

The firft Matter debated, was the Subjedl's Li- 
6erty in his Perfon : The particular luftance was, 
-^ the Cafe of Sir John Heveningham^ and, thdfe 

othw 



37^ TheTarliamentaryHii'to^t 

^Charles 1. other Gentlemen, who wem impiltbned aboot 

^7* Loan- Money ( and thereapon havu!^ brought thor 

Babeai Corpus j had their Cafe aigoed) and were, 

nevertbelefs, remanded to PrifoD | and Judgment, 

$s it w^ then laid, was entered^ 

Hereupon Mr Crefkeld^ of LitinhCh'Innt fpab 
to this Purpofe (tf). 

< I ftand up to fpeak fomewhat condsming tb 
Point pf the Subjefl's Grievance, by Imprifon- 
ment of their Perfons, without any DJecbration of 
the Caufe ; contrary to, and in Derogation o^ 
the fundamental Laws and Liberties of Siis ^iog* 
dom. 

* I think I am one of the Puifnes of our Profcfi' 
on, that are Members of this Houfe ; ^ut bow- 
foever, fure I am, that, in refpedl of my own hi 
abilities, I am the Puifne of the whole Houfe: 
Therefore, according to the ufual Courfe of Stu- 
dents in our Profeflion, I may, as the Puifoc, 
fpeak firft in Time, becaufe I can ipeak leaft ia 
Matter. 

* In Purfuance of which Courfe I (hall rather 
put the Cafe, than argue it ; and therefore I (hall 
humbly defire, firft of all, of this honourable Houfe 
in general, that the Goodnefs of the Caufe may 
receive no Prejudice by the Weaknefe of my Ar- 
gument ; and next, of my Mafters here of the 
fame Profeflion in particular, that they, by their 
learned Judgments, will fupply the great utk&% 
J (hall difcover by declaring of my unlearned Op- 
nion. 

* Before I fpeak of the Ctye(lion, give mc 
Leave, as an Entrance thereunto, to fpeak $rft of 
the Occafion. 

* Ye all know that Juftice is the Life ahd the 
pear tV Blood of the Commonwealth ; and Jf the 
Commonwealth bleed in ths^t Mafter- Vein, all the 

* Baha 

(v) There is only an Abftrad of this Speech in MuAtmtth, ^ 
ivhich this Gentleman is called CrefweUs The following is taken 
from Sir John Napier^ t Manufcripts s There if aUb aa inMRtA 

Papj of it in tl^ ffkcmtrii ^arlianunt^^ 



Of ES GL A N D. 377 

jialm in Gibad is but in vain to prefenre this our A^i^chatiMi. 

Body of Policy from Ruin and Deftrudion. Juf- i6s7* 

tice is both Columna & Corona RiipubUca ; (he Is 

both the Column arid the Pillar % the Crown and 

the Glory of the Commonwealth. This is made 

good in Scripture by the Judgment of Sohmon^ the 

wifeft King that ever reigned on Earth For firft, 

flie is the Pillar j for he faith That fy Juftm th$ 

Tbr^e is effaUj/bed: Secondly, (he is the fcrown ; 

for he faith That by Juftice a Nation JbaB be exalted. 

* Our Laws, which are the Rules of Juftice, 
are the ntplus ultra to both the King and the Sub- 
j^; and, as they are Heraiks^s Pillars, fo arc 
they the Pillars of Jinuks to every Prince, which 
he muft not mfs. % 

« Give me Lea ve to referable Juftice to Nfbuchad- 
nezzar's Tree ; for flie is fo great, that ihe doth 
ihade not only the Palace of the King^ and the 
Houfe of Nobles ; but doth alfo flielter the Cot- 
tage of the pooreft Beggar. 

* Wherefore, if either now the Blafts of Indig- 
nation, or the unrefiftable Violator of Laws, Ne- 
ireiBty, hath fo bruifed any of the Branches of this 
Tree ; that either our Perfons, or Goods, or Pof- 
feffions, have not the fame Shelter as before; yet, 
let us not therefore neglcdl the Root of this great 
Tree ; but rather, with all our poffible Means, 
Endeavours, and unfeigned Duties; both applv 
frefli and fertile Mould unto it, and alfo water it 
even with our own Tears ; that fo thefe bruifed 
Bi'anches may be recovered, and the whole Tree 
jigain profper and flourith. For this I have learned 
from an antierit Father of the Church, that tho* 
Prices Reg :m funt armata yet Anna Subditorum 
^e but only Preces^ Lachryma. 

* I know well that Qor Regis injcrutabile ; and 
that Kings, although they are but Mfen before God, 
yet they are Gods before Men. Add therefore to 
ftiy Gracious and Dread Sovereign, (whofe Vir- 
tues are true Qualities ingenerate, both in his Judg- 
pient and Nature) let my Arm be cut off; nay, 
let my Soul not live that Day, that I fl^all dare to 

lift 



378 The^Tarliantentary Hi stoit 

An.3.Ch3urlai.}ift up my Arm to touch that forbidden Fruk; 
J6»7» thofe flowers of his princely Crown and Diadem. 
« But yet in our £den^ in this Garden of the 
Common-Wealth, as there are the Flowcis of the 
Sun, which are fo glorious that they are to be 
handled only by Royal Maj>fty ; fo are there alio 
fomc Daifies and wholfome Herbs« which every 
common Hand, that lives and labours in this Gar- 
den, may pick and gather up, and take Comfort 
and Repaft.in them. Amongft all which this 
Oculus jbieiy thi§ boua Libertas of which I am now 
to fpeak, is not one only, but the chief. 

Thus much, in all Humblenefs, I prefume to 
fpeak for the Occafion. 

* I will now defcend to the Queftion : Wherein 
I hold, (with all dutiful Submiffion to better Judg- 
ments) that thefe Adts of Power, in imprlfoniog 
and confining of his Majcfty's Subjedb, in fuch 
Manner, without any Declaration of the Caufe, 
are againil the fundamental Laws and Liberties of 
this Kingdom. 

^ And for thefe Reafons, thus briefly drawn^ I 
conclude. , 

I . * From the great Favour which the Law 
doth give unto, and the great Care which it hath 
ever taken of, the Liberty and Safety of the Bodies 
and Perfons of the Sabjedls of this Kingdom. 

* I (hall not need to take the Queftion in PieceSf 
nor handle it in the Parts dividedly , but as one entire 
Body ; becaufel hold no other Difference between 
Imprifonment and Confinement than only thjS| 
that the one hath a lefs and ftraiter, the other a 
greater and larger Prifon. And this Word C^ 

finement not being to be found in any one Cafe of 
our Law, if therefore it is become the Language of 
State, it is too difficult for me to define. 

' To proceed therefore in maintenance of my 
firft Reafon ; I find our Law doth fo much favour 
the Liberty of the Subjedt'y Perfon, that the Body 
of a Man was not liable to be arretted or imprifoned 
for any other Caufe at the Common Law, but for 
Force, and Things done againft the Peace : For the 

Com- 



.« 



Of ENGLAND. 37^ 

Common Law, being the Prefer ver of the Peace of An.3.chad€s i. 
the Land, fo abhorreth Force, that thofe, that com- *^^' 
mit it, (he accounts her capital Enemies; and there- 
fore did fubjeA their Bodies to Imprifonment. But 
by the Statute of Markbridgiy Cap. 23. which was 
made 52. Henry III. (who was the eighth King 
from the Conqueft) bccaufe Bailiffs would not ren- 
der Accounts to their Lords, it was enafted,.That 
their Bodies fhould be attached. And afterwards^ 
by the Statute 23. Edw. III. 17. (who was the 
eleventh Kingafter the Conqueft) becaufe Men made 
no Confcience to pay their Debts, it was enadled. 
That their Bodies Ihould likewife be attached : But, 
before thefe Statutes, no Man's Body was fubjeft to 
be taken, or imprifoned, otherwife than as aforefaid ; 
whereby it is evident how much the Common Law 
favoured the Liberty of the Subjeft, and protected 
his Body from Imprifonment. 

* I will enforce this Reafon further by a Rule in 
Law, and fome Cafes in Law upon that Rule. 

' The Rule is this. That Corporalis Injuria non 
redpit Eflimationem de futuro: So that if the Que- 
llion be for a Wrong done to the Perfon, the 
Law will not compel him to fuftain it, and after- 
wards expefl: a Remedy ; for the Law holds no Da- 
mages a iufficient Recompence for a Wrong which 
iscorpor'J. 

* The Cafes in Law to prove this Rule (hall be 
thefc. 

* If one menace me in my Goods, or that he 
will burn the Evidences of my Lands, which he 
hath in his Cuftody , unlefs I make unto him a Bond : 
There I cannot avoid the Bond by pleading of this 
Menace. But if he reftrains my Perfon, or threatens 
me with Battery, or with burning my Houfe, 
which i.s a Proiccttion for my Perfon, or with burn- 
ing an Inftiumcnt of Manumiflion, which is an 
Evrderice of my Eqlranchifement ; upon thefe 
Menaces* Durance, or Dares, I can avoid the Bond 
by Plea. 

• .\ So if a Trefpafler drives my Beaft over another 
Man's Ground, and I purfue to rcicue it 5 there I 

am 



3 8o The Parliamentary tli stort 

Aa.3.(^]eii.3^ a Trefpaflbr to him on whofe Ground Ia»! 
' *'■ But if a Man affault my Perfon, and I^ for nijf 
Safety, fly over into another Man*s Ground; thai 
I an^ no TrefpafTor to him ; for Jure evenit^ at pii 
quis, ob tutelam Jui Corporis^ fecerit^ id Ju-i fecfi 
ixiftimatur, 

• Nay, which is more, the Common Law (fid 
favour the Liberty, not only of Freemen, but eva 
c»r the Perfons of Bondmen and Villains, who have 
no Right of Properiy, either in Lands or Goods^ n 
Freemen have : And therefore, by the Law, d» 
Lord could not maim his Villain ; nay, if the 
Lord commanded another to beat bis Villain, and 
he did it, the Villain (hould have hiS AftiOD rf 
Battery againft him for it. 

* If the Lord miade a Leafe for Years to \m Vil- 
lain; if he did plead with his Villain 5 if he ten* 
dered his Villain to be Companion for hhn in a 
Writ of Right ; any of thofe Adls, and many 
others which I omit, were, in Law» Infranchife^ 
ments, and made thefc Villains Freemen : Nay, io 
a Suit brought againft one, if he, by Attorney, wiB 
plead that he is a Villain, the Law is fo carcfiil of 
Freedom, that it difallows this Plea by Attorney; 
but he muft do it propria Perfona^ becaufe it binds 
his Pofterity and Blood to be Villains alfo. And 
thus much m the general for my firft: Reafon. 

2. * My next Reafon is drawn by an Argument 
a minor! ad majus : I frame it thus. If ihe King 
has no abfolute Power over our Lands or Goods, 
then, a fortiori, not over our Perfons, to imprifcfi 
them without declaring the Caule: For our Per* 
fons are much more worthy than either our Lands or 
Goods ; which is proved by what I have alitady 
faid ; and Chrift himfelf makes it clear, where he 
'faith, Jn iion eji Corpus ficpra Fiftimentumf 1$ nH 
the Body more worth than Raiment f where the &• 
nonifts fay, that Vejiimenium comprehended all 
Outward Things, which are not in the fame Dfe- 
gree with that which io corporal. And our Law 
maketh it alfo plain ; for if a Villain purchafcFriok- 

Ltotfi 



I 



p 



O^ E N G L A N D. 381 

Land, this makcih it Villain-Land according to the An. 3. Ci««it<i, 

Nature of his Perfon i but it holds not, e cinverfa, '6*> 

Fi.ink-Land (hall not free the Petlbn, Now, that 

ihc King hath no abfoluie Power over our Lands 

or Goods, I will only, a: this Time, put a Cafe or 

two; for, withoutProof of thePreniiireE,my Con- 

clufion would not follow. 

• FirjU for Land : The King cannot, by his 
Letters Patent, make ihe Son of an Alien Heir to 
his Father, nor to any other ; for he cannot dilJn- 
herit the right Heir, faith the Book, nor do Preju- 
dice to the Lord of his Efcheat. The King, by 
his Prerogative, fhail pay no Toll for Things 
bought in Fairs and Markets ; but a Cullom for 
paying Toll to go over the Soil and Freeholds of 
another (hall bind rhe King ; for this louchcth the 
Inheritance of ihc Subject, and therefore the King 
fhall not have (o much as a Way over his Lands 
without Payment ; and, if not 2 Way, then cer- 
tainly not the Land itfelf. 

' Ntxt, for Goods : If a Man hath a Jewel in 
Gs^e for 10 1. Wf. and is attainted forTreafon.ihe 
King fiiall not have this Jewel, if he pays not th« 
10 1. So, if Catile be diftrained, and the Owner 
of them afterwards be anainied; yet the King 
(hail not have them untill the P.irty be faiisfied for 
tbat for which they were diftrained. And if in 
thefe Cafes, where the Owners of Goods are fiich 
capital Offenders, the King cannot have them; 
much lefs fhall he have them when the Owner ia 
innocent, and no Offender. 

* Nay, I may well fay, thar almoft every Leaf 
and Page of all the Volumes of our Comtnon Law 
prove ihis Right of Property; this DiftinAionof 
wtum and tu\m^ as well between King and Sub- 
jeft) as oneSubjedland another : And therefore my 
Conclufion follows. That if the Prerogative ex- 
tend neither to Land nor to Goods ; then, a for- 
tUri, not to the Perfoii ; which h of more Worth 
than either Lands or Goods, a? 1 f.iid before. And 
jffl I agree thit, by the very Law of Nature, tl.e 




382 7he Parliamentary History 

Aa.sCharltti.Servicc of the Perfon of thcSubjeft is due to the 
'^*7. Sovereign ; but this muft be in fuch Things which 
are not againft the Law of Nature : But to have 
the Body imprifoned, without any Caufe declared, 
and fo to become in Bondage, 1 am fure is contnuy 
unto and againft the Law of Nature ; and therefore 
not to be enforced by the Sovereign upon his Sulv 
jcdts. 

3. ' My next Reafon is drawn ah inutill li ith 
commodo* For the Statute, de frangentibm Prijh 
nam^ made i. Edw. U. is, qtod nuUuSy qui Prh 
fonam fregerity fubeat judicium Vit^s vel Membronim 
pro fr anions Prifona tantum ; niji Caufa, pro qm 
captus et tmprijonatus fuerit^ tale Judicium requirat. 
Whence this Conclufion is clearly gathered. That 
V a Man be committed to Prifon, without declarii^ 
for what Caufe ; and then, if either the Malefac- 
tor do break the Prifon, or the Jailer fuffer him to 
efcapc, albeit the Prifoner fo efcaping had com- 
mitted Crimen lafaMajeJlath 5 yet neither the Jailer, 
nor any other that procuied his Efcape, can, by 
Law, fuffer any corporal Punifhment for fetting 
him at large ; which, if admitted, might prove, in 
confcquence, a Matter ot great Danger to the 
Common-Wealth. 

4. * My next Reafon is drawn a Regis Henorei 
from that great Honour the Law doth attribute 
unto Sovereign Majefty ; and therefore the Rule of 
Law is, that folum Rex hoc tton pot eft facer e^ fuod 
non poteft injujje facere : And therefore if a Subjcft 
hath the Nomination, and the King the Prefentation 
to a Church, whereunto the King prefents without 
the Subjeft's Nomination ; here the quare impedit 
lies againft the Incumbent tantum^ and the King is 
in Law no Difturber. 

* And Huffey, Chief Juftice in i. Hen. VU. 
Fol 4. faith, That Sir John Markham told King 
Edward IV. he could not arreft a Man either for 
Treafon or Felony, as a Subjeft might ; becaufe 
that if the King did wrong, the Party could not 
have his Adtion againft him. 

* What 



Of ENGLAND, sh 

« What is the Reafon that an A^ion of falfe Im- ^^^ j.charlci I. 
prifonment lies againft the Sheriff, if be doth not 1617. 
return the King's Writ, by which he hath taken 
the Body of the Subject, but this ; becaufc the Writ 
doih breviter enarrare Cau/amCaptioms; which, if 
it doth not, it fhall abate, and is void in Law ; and 
being returned, the Party, when he appears, may 
know what to anfwer, and the Court what to judge. 
And if the King's Writ, under his great Seal, can- 
not imprifon the Subject, unlefs it contains the 
Caufe, (hall then the Iting's Warrant otherwife do 
it without containing the Caufe ; that fo his Judges 
upon return thereof, may likewife judge of the 
fame, either to remand, bail, or deliver the Party 
imprifoned ? 

* I (hould argue the Point more clofely upon the 
Statute of Magna Chart a, 29. guod nullus liber 
Homo imprifonetur ; {he Statute of fVeJiminJier i. 
Cap. 15. for letting Perfons to Bail ; and the Judg- 
ment lately given in the King's Bench : But the 
latter of thefe Statutes having been by that Honour- 
able Gentleman {p) (to whom the Profeflbrs of the 
Law, both in this and all fucceeding Ages, are, and 
will be much bound) already expounded unto us ; 
and that alfo fortified by thofe many cotemporary 
Expofitions and Judgments by him learnedly cited ; 
and there being many learned Lawyers here, whofe 
Time I will not wafte, who were prefent, and feme 
of them perhaps of Counfel in the late Caufe ad- 
judged in the King's Bench ; where you, Sir {q)^ 
to whofe Perfon I now fpeak, do well know I was 
abfent, being then of Counfel in a Caufe in another 
Court; and my Pradlice being in the Country, far 
remote from the Treafures of Antiquity and Re- 
cords, conducing to the clearing of this Poin^; 
therefore the Narrownefs of my Underftanding 
commends unto me fober Ignorance, rather than • 
prefumptuous Knowledge ; and fo commands me 
no further to trouble youi Patience. 

* But 

(p) Sir Kihvard Coke, 

/fj £JivardLiftlftotj,Ef(ij OicCh^irrran, after wardi Lord Keep«r« 



384 The Parliamentary HisTOB^Y 

An. s.CbirkiL * But I Will Conclude with that which I fidd «- 
1627. ported by Sir John Davts^ who was the Kii^ 
Sergeant ; and fo, by the Duty of his Place, vqqU 
no doubt maintain, to the uttermoft of his PowcTf 
the King's Prerogative Royal ; and vet it wtf 
by him thus faid, in thofe Reports of his upon 
the Cafe of Taniftry Cuftoms^ * That the K^ 

* of England always have had a Monarchy Ro^ 

* and not a Monarchy Signoral $ where, under the 

* firft, faith he, the Subjects are free Men, and 

* have Property in their Goods, and Freehold and 

* Inheritance in their Lands ; but, under thehutCTi 

* they are as Villains and Slaves, and have P^)pe^ 

* ty in nothing. And therefore, faith he, when a 

* Royal Monarch makes a new Conqueft, yet, if 

* he receives any of the Nation's antient Inbabi- 
^ tants into his Protection ; they, and their Hdn 

* after them, (hall enjoy their Lands and Libertki 

* according to the Laws/ And there he voncbeth 
this Precedent and Judgment following, given be* 
fore IFilHam the Conqueror himfelf, viz. 

' That one Sherborn^ at the Time of the Con- 

* quell, being Owner of a Caftle and Lands in Nor' 

* folk^ the Conqueror g^ve the fame to one If or* 

* ren^ a Norman ; and, Sberborn dying, the Heir 

* claiming the fame by Deicent according to the 

* Law« it was, before the Conqueror himfelf, ad- 
^ judged for the Heir, and that the Gift thereof by 

* the Conqueror was void (r)J* 

* If then it was thus in the Conqueror's Timei 
and by his own Sentence and Judgment, and hath 
foconrihued in all the Succeflions of our K ip p 
ever ilnce. what Doubi need we have, but that hit 
M'.it Exc Uenr Majefty, upv>n our humble Peti- 
tion proitraicd at his Feet, (which, as was well bid^ 
is ht bcft Faflagt- to '^is Heart) will vouchfafeuniQ 
us out aivienr J -liberties and Birthrights, with a 
thorough Reformaiion of this and other our jutt 

Grie- 

(r) De ceft Judgmnt CamWen fait Mevtion en U Dcjcripthn di 
N-.rfo'k, ct Calthrop J'-iJUce t.ijoity que il a vieu un autbent/atic Co^ 
fy d- Cijl Jud^t>:c,n^ er. le 1 ibraric dc 6Vr Chriftopher Heydon, W 
Baconfthorp, tn Norfuik, See Davis's Reports^ Load* 1628^ p. 41* 



J 0/ E N G L A N D. 385 

• Grievances : And fo I humbly crave Pardon of this An. 3. chariei i. 

5 Honourable Houfe, that I have made a fhort Leflbn '^7» 

s {o long, by making more Refts than Notes/ 

3 

I Upon this and other Arguments made in thisACommitteeip. 

: Cafe of the Habeas Carpus^ the Houfe referred theP**!°**^ ^^ '".- 

! whole Buiineis to a Committee, to examine all tbethe'judpi^t'a? 
Proceedings ; concerning which Mr. Seldsn after- gainft the Rcfu- 

: wards made Report ro the Houfe, ' That Mr. IVa-^^ ^^^^ ^-**"' 
terhoufe^ a Clerk in the Crown- Office, being exa- 
mined before the Committee, did confefe, That, 
by Diredlion from Sir Robert Heathy the King's 
Attorney General, he did write the Draught of a 
Judgment in the Cafe before mentioned 5 which 
was delivered to Mr. Attorney. And Mr. Keeling 
being examined before the Committee did confefs» 
That after Michaelmas Term laft, the Attorney- 
General wi{hed him to make a fpecial Entry of 
the Habeas Corpus. To which he anfwered. He 
knew no fpecial Entry in thofe Cafes, but only a 
Remiititur: But faid to Mr. Attorney, That if he 
pleafed to draw one, and theCourt fhould afterwards 
aflent to it, he would then enter it. The Attorney 
did accordingly make a Draught 5 and the Ccpy 
thereof Mr. Keeling produced to the Committee. 
And further faid, That he carried this Draught to 
the Judges ; but they would not aflent to a fpecial 
Entry: Neverthelefs the Attorney- General divers 
' Times fent to him, and told him, There was no 
Remedy, but he muft enter it. Yet, a Week be- 
fore the Parliament met, the Attorney- General 
called for the Draught again ; which accordingly he 
gave unto him, and never heard of it more/ 

Sir Robirt Philips^ upon this Report, gave his 
Opinion,^ ' That this intended Judgment in the 
Habeas Corpus^ was a Draught made by fome Man 
that defired to llrike us all from our Liberties; tho* 
the Judges juftly refufed it : But if the Judges did 
intend it, we fit not here, faid he, to anfwer the 
Truft we are fent for, if we prefent not this Mat- 
ter to his Majefty. Let this Bufinefs be further 
fearched into, and fee how this Judgment lies againft 
V01..YIJ. Bb us. 



386 The^arliamentarjUisroxY 

An. 3. Charles 1.US9 ^tid "What the Jodg^s do fay concerning the 
>«»«• fame/ 

Sir Edward Coii faid, * This Draught of the 
Judgment will fting us^ quia nulla Caujafmt$ftinta\ 
being committed by the Command of the Kii^ 
therefore he muft not be bailed ? What is this but 
to declare upon Record, that any Subjed, com- 
mitted by fuchabfolute Command, may be detain* 
ed in Prifon for ever? What doth this tend to, but 
the utter Subverfion of the choice Liberty and 
Right belonging to every free-born Subkd of this 
Kingdom ? I fear, were it not for this Parliament, 
. that followed fo clofe after that Form of Judgment 
was dr^wn up, there would have been hard putting 
to have had it entered : But a Parliament brings 
Judges, Officers, and all Men into good Order/ 

The Commons afterwards, upon further De- 
bate of this Matter, defired. That the Judges irf 
the King's Bench might declare themfelvesconcerO' 
ing this Bufinefs 5 which was ordered accordingly, 
and will appear in the Sequel. 

TheKing'aPro. The fame Day, March 25, the Propofitions, 
jMifitiomfbrSup- whicli had been tendered by Secretary Coci^ from his 
f^^' Majefty, were received and read, but the Debate 

thereof was referred to the 2d of JpriL The Pro- 
pofitions were thefe, viz. 

1. To furnifli with Men and Victuals thirty 
Ships, to guard the Narrow-Seas, and along the 
Coafts. 

2. To fet out ten other Ships for the Relief of 
the Town of RochcL 

3. To fet out ten other Ships for the Preferva- 
tion of the Elbe, the Sounds and Baltick-Sea. 

4. To levy Arms, Cloathes, Vidluals, and Pay, 
for tranfportingan Army of 1000 Horfeand 10,000 
Foot, for Foreign Service. 

5. To pay and fupply 6000 more, for the Ser- 
vice of Denmark, 

6. To fupply the Fors of the OflBce of Ord- 
nance, 

7. Ta 



0/ E N G L A N D. 387 

7t To fiipply the Stores of the Navy. A11.4. Chiriei u 

8. To build twenty Ships yearly for the Increafe '^*^ 
of the Navy. 

9. To repair the Forts within the Land, 

10. To pay the Arrears of the Office of Ord- 
nance. 

1 1. To pay the Arrears of the Vidlualler's Of- 
fice. 

12. To pay the Arrear of the Treafurer of the 
Navy. 

^ 13. To pay the Arrears due for the Freight of 
divers Merchant Ships employed in his Majefty's 
Service. 

14* To provide a Magazine for Vidluals for 
I^nd and Sea-Service. 

A Conference had been defired by the Lords 
with the Commons, about joining with them in a 
Petition to the King, for putting the Laws in Exe- 
cution againft Recufants -j at which, Secretary 
Cookf who was appointed to manage this Confe- 
rence, fpoke to this EflFeft (j) ; 

• We are fent to attend this Conference from Secretary Cook't 
the Knights, Citizens and Burgeffes of the Houfe^P*'^*^^^; 
of Commons. And firft we acknowledge, all dueii^^^orelnrthe 
Honour both uijto the Reverend Fathers of the Laws againft Rt- 
Cburch, and to you, noble Lords ; in that you*^"^"*** 
have fliined before us, as worthy Lights in the 
Encouragement and Maintenance of God's true 
Religion, being the true Support of all your Dig- 
nities and Honours. And this Forwardneis of 
yours is, the more remarkable, when that viperous 
Generation, as your Lordfhips juftly ftiled them, 
do, ^i Eafc, with Tooth and Nail, eflay to rent 
the Bowels of their Mother. For, give me Leave 
to tell you what I know, that th^fe now both 
vaunt at home, and write to their Friends abroad, 
that they are now in Peace y that they hope all 
^ B b 2 will 

(1) Taken ftcm the Maaiifcript before-mentioned, and com- 
ptir*4 by the Lords Journals : — -^ But is lUo in the Ephmerit and 



38? TheTarliament^ry}ii^TOV.r 

An.4.chtrJesi.willbe well, and doubt Dot to prevail and win 
1618. Ground upon us. 

* And a little to awake the Care and Zeal of 
our learned and grave Fathers, it is fit that tbqr 
take Notice of that Hierarchy which is already cl- 
labllfhed in Competition with their Ldrd(hips; fcr 
they have a Bifliop confecrated by the Pope; 6m 
Bifh'op bath his fubalternate Officers of all Kiod^ 
as Vicars> General, Arcbdeacoiis* Rural- Deans, 
Apparitors, and fuch like. Neither ai-e tbcfe no- 
minal or titular Officers alone; but t^ej all exe- 
cute their Jurifdidions ; make their ordinary Vifi- 
lations through the Kingdom ; keep Courts, anl 
determine ecclefiafticai Caufes ; and» (which is an 
Argument of more Confequence} they keep ordi- 
nary Intelligence by their Agents at Rame^ arid 

, hold Correfpondence with the' Nuncigs and Caidi- 
• nals both at Bruffih and in France. ^ 

' Neither are the Seculars alone grown to tl)b 
Height, but the Regulars are more ai^v^e and dan- 
gerous ; and have taken deep Root ; they have tJir 
ready planted their Societies and Colleges of both 
Sexes ; they have fettled Revenues, Houfes, Li- 
braries, and Veftments, wiih all necejlary Provi- 
fions to travel or ftay at home ; nay* even at thii 
Time, tl>cy intend to hold a concurrent Aflem* 
hly with this Parliament. 

^ But now, iince his Sacred Majefty hath cx« 
tended his Royal Arm, and iince the Lords of his 
Council have, by their Authority, caufed thcfc 
Nefts of Wafps to be digged out of 4he Earth, and 
their Convocations to be fcatcred ; and (ince your 
Lordfliips join in Courage and Refolution, at Jeaft. 
to reduce this People to their lawful Reftraint, that 
they may do no more Hurt; we conceive great 
Hope and Comfort, that the Almighty God will, 
from henceforth, profper our Endeavours both at 
home and abroad./ 

* Rut now, my Lords, to come to the chief 
rrrnnd of this our Meeting; which is to make 
knc'.\ n ;o you the Apprcbaticn of our Houfe 6l 

that 



0/ E N G L A N D. 38^ 

that Petition jtb his Mnjefty, wherein you were Aii.4-Cbwictii 
pleafed to defire our Concurrence. '^*** 

* The Houfc hath taken it into feriousConfid?- 
ration ; and, from the Beginning to the End, ap- 
proves of every Word, and much commends your 
happy Pen; only we are required to prefeht urito 
yoli a few Additions, whereby, we conceive, the 
Petition may be made more agreeable to the Sta- 
tutes, which are delired to be put in Execution; 
and to a former Petition granted by his Majefty, 
rccor<fed hi both Houfes, confirmed under the 
Broad-Seal oi England^ atid publiftied in nil our 
ordinary Courts of Juftice. But thele Things 
we propound not as our Refolutions, or as Mat- 
ters to raife DebatjB or Dilpute, but commend ihem 
bnYy as our' Advice and Defire; being ready, not- 
withftanding, to join with your Lordfhips in the 
Petition, as now it is ; if your Lordfliips (hall not 
find this Reafon to be of Weight.* . 

Thefe Additions, which were but few, weic 
approved of by the Lords, and inferted in the Pe*^ 
tltion, on the 29th of March. Two Days after 
it wa^ preftnted to the King by both Houfes j and, 
at the Delivery thereof, the Lord- Keeper made 
the following Speech [t). 

Moll GriUhUs Sovereign^ 






\ nfNriE Lords Spiritual and Temporal, and The Petition of 
^" Jf Coinmon? in thisi pfefent Parliament af- both Houfes on 
«' fembled, out of the due Care of the Glory of J^f ^•^J*^^aL'? 
<* Almighty God, and of the Honour and Safety f^trs/'*^* 
« of your Majefty ; do, with all Humblenefs, and 

• witT) one unanimous Confent, prefent to your 

* Royal fland§» the moft loyal Defires of all iheir 

• Hearts; which is fet down' in a moft dutiful Pe- 

* tltion, which is, to quicken the Laws againft 

* the I^erturbers of the Peace of the State : We 

• cannot, nor do not forget your Majeftv's moft 

• gracious Adts and Anfwers oh the like Petiti<;n ; 
« they arc vifible to the World, to your Majefty's 

♦ Honour and Comfort : We bend our Knees and 

B b 3 ' Hearts, 

(f) Fr9m Rujbtv^rtb corre^ed by the Ltrds y§urnals. 



c 



3po The Tarliammtary Hi stort 

Ajh4. Charleti. ^ ' Hearts, blefling Gcxl and your Majefty therefonei 
i6as. « yet let It not fcem ncedlefs, that we repair agMo 

* to your Majefty: The Hufbandman knows» diat 

* Weeds are not deftroycd at one weeding : Thdc 

* are growing Evils, they are Weeds of a fpread- 

* ing Nature : And, we, that come from all PkiHi 

* do think it our Duty to tell your Majefky, tbt 

* God's Vineyard is not yet cleanfed. And God 
** him lelf requires, that we pray to him often, e- 

ven for what he means and promifeth to beflov 

on us. But my Meflage comes from the Pen of 

^ both Houles ; and, therefore, I humbly befeech 

^ your Majefty, to lend a gracious Ear to hear me 

* read the Petition.' 

After the reading thereof, his Majefty made this 

{hort Speech. 

My Lords and Gentlertien, 

/Do very will approve the Method tf your fro* 
uedings in this Parliament ^ a Jove Pnncipiuni ; 
hoping that the re(l of your Confultatwns wilijiicaei 
the happier. And I like the Preambh of, my Liri" 
Keeper ; otherwi/e, I Jhould have a little fafpe&ti^ 
that you had thought me not fo careful of Religion as I 
have teen, and everjhall be, wherern lam asforuard 
as you can dejire. And for the Petition^ / anfyDer 
Jirjl in general^ That Hike it well^ and will ujethefe 
as well as other Means^ for the Mainttnanci aid 
Propagation of that Re&gion^ wherein I have Bvei^ 
and do refolve to die. But for the Particulars [be- 
caufe they confifted of many Points] you Jhall re- 
ctive a more full Anfwer hereafter. And now wtU 
I only add this^ That as we pray to God to hilp us^ 
fo wemujl help ourfelves : For we can have no AJJit- 
ranee of his Ajjijlance^ ij we do lie in Bed, and onfy 
pray, ivithout ufuig other Meanu And^ therefore^ 
J muji remember you^ that if we do not mate Provi- 
fton fpeedily^ we fljall not be able to put one Ship to 
Sea this Tear, Verbum fapienti fat eft. 

Afterwards the Lord- Keeper fignified unto the 
Koufe, That his Majefty had aow given his An- 
fwer 



0/ E N Q L A N D. jpi 

fwer unto the Petition exhibited by both Houfes a<- Ao.4.ciiir]M i, 
^unft Ricujants ; and had commanded his Lord- '^^* 
&ip to read the fame Anfwer in this Houfe ; and 
Mr Secretary to read it in the Houfe of Commons. 
Whereupon the Clerk read the firft Article of the 
faid Petition ; and the Lord- Keeper read his ^fa- 
jefty's Anfwer unto the fame, and to each Article 
thereof. 

The which Petition, with the Arifwers, follow, 
in bac Verba. 

Moft Gracious Sovereign^ 

WE your Maiefty*s moft loyal and obedi* 
ent Subjefts, the Lords Spiritual and 
Temporal, and Commons, in Parliament af- 
fembled, having, to our fingular Comfort, ob* 
tained your Majefty's pious and gracious Affent 
for a Public Faft, to appeafe the Wrath of Al- 
mighty God kindled againft us ; and to prevent 
thofe grievous Judgments, which do apparently 
prefs ypon us, do, in all Humility, prefent unto 
your Sacred Majefty all poffible 1 hanks for the 
iame. And, becaufe, the public and vifible Sins 
of the Kin^om, are the undoubted Caufes of 
thofe vifible Evils that are fall'n upon us ; amongft 
which Sins, (as is apparent by the Word of God) 
Idolatry and Superftition are the moil heinous 
and crying Sins ; to the End that we may con- 
ftantly hope for the Bleffing of God, to defcend 
upon this our Public Humiliation, by abandon- 
ing thofe Sins which do make a Wall of Sepera* 
lion betwixt God and us :* 

Article J, * We moft humbly and ardently 
beg, at the Hands of your moft Sacred Majefty, 
That your Majefty will be pleafed to ^ive conti* 
nual Life and Motion to all ihofe Laws, that 
fland in force againft Jefuits, Seminary Priefts, 
and all that have taken Orders, by Authority of the 
See of Rome^ by cxaftinga more due and ferious 
Execution of the fame: Amongft whichNumber, 

* tho.'e^ 



3P^ TheTarliamentarjtllttroKY 

>u.4.ciiir]esi/ thofc, that have highly abufed your MaMt^i 

j<»8. « Qemency, by returning into the Kingdom after 

« their Banifhment, contrary to your H^hnefi's 

^ exprefs Proclamation, we humbly defire, may 

^ be left tp the Severity of your Law8» without 

* admitting of any Mediation or Interceffion for 

* them. And that fuch of your Majefty'iB unfi)Ufid 

* and ill-aflfedled Subjects, as do receive, faaibour, 

* or conceal any of that viperous GeneratieDf 
« may, without Delay, fuflFer fuch Fenaltiei and 
^ PunifhmentS) as the Laws jufily impofe upon 

* them/ 

His Majefty's Anfwen 

To the firji Tmi^ Hi Majefty an fiver etb. Hat 
te xvilly according toymr Dejiri^ ghji hthlJfi and 
Motion to the Laws thatjiand in fftrct againjl Tf' 
fuits^ Seminary Prie/is^ and all that, batte taken Or- 
ders fy Authority- of the See of Rome : Amly to thai 
End, his Maje/iy will givi Jlri^ Otdtr to oB Hi 
Minijlers^ for the (R/0pering and afprehen^ng tf 
them^ and fo leave tnem, being apprebendeii tt tie 
Trial of the Law. And^ incafe\ after Triati^ there 
Jhall he CHufi fD refpUe Execution of 'anjf of tbefn, 
yet they jhall be committed^ according to tbg ExaHtpU 
of the beji Times^ to the Caflle of Wilbech, emd 
there be fafely kept from exerciftng thotr FunffiittS^ 
or fpreading their fuperjiitioui and danger 9u$ Doc- 
trine ; and the Receruers and Abettors JhaU bt Ufl 
io the Law* 

II. ' * That your Majefty would be pleafed to 

* command a furer and ftraiter Watch, to be kept 
^ in and over your Majefty*s Ports and Havens ; 

•" and to commit the Care and Charge of fearching 

* of Ships, for the Difcovery and ApprehenCont 
•'- as well of Jefuits and Seminary Pricfts brought 

* in, as of Children and young Students, fcnt o- 

* ver beyond the Seas, to fuck in the Poyfon of 

* Rebellion and Superftition, unioMenof approv- 
*• ed Fidelity and Religion : And fuch as Qiall be 

^ * convifted to have connived or combined at the 

• bringing 



Of EN GLAND, jj^j 

^ bringing in the one, or conveying of the otbef An.4.«litHetil 

* out, that the Laws may paft upon them with '^^^^ 

* fpecdy Execution.* 

Anfwer. ^o the fec^ffi ArtitU^ bis Mipijfy grdfd^ 
ith all that is deftred there n ; and^ w this Endi will 
give Order to the Lerd Treajiirer^ Lard Admiral^ 
and Lord Warden of the CtnquePortSy thaS^ in 
their fever al Places^ they he eareful to fee this Arti^ 
eli fully executed 'y giving ftri& Lharge to all/uthai 
have Place ani Juthcritv upder them, to ufi all Di^ 
hgence therein. And his Mejejiy requlreth thetn^ 
and all other his Officers and Miniflers^ t$ have a 
vigilant Eye upon fuch as dwell in dangerous Placet^ 
(f Advantage or Opportunity, for receiving or tranf-^ 
porting of any fuch as are here mentioned. And bii 
Majejy will take it for good Service^ if any U^illgivi 
Knowledge ofanyfuchy as have coHfd'bedor combined^ 
or Jball connive or combine ^ as is mentioned in this 
Article^ that Jujlice may bef{ri£lly done upen them. 

IIL * That confiderhig thoft dre^ul Dangers^ 

* never to be forgotten^ which did involve youf 

* IVi^^y'^ Sacred Perfon, ^and the whole repreftn* 
« tative Body of' "jooi Majefty's Kittgdom, plot-* 

* ted and framed by the free andcotnmon Accefs of 

* Popijh Recufants to the City of London ; and to 

* your Majefty's Court ; your Majefty woalrf be 
< gracioofly pAeafed to give fpeedy ConunarKl fof 

* the prefent putting in Praftiise thofe Laws, that 

* prohibit aU Popifl^ R4cujants to con(16 to the 

* Coort, or vn&bis ton Miles of the City of Lon- 

* don ; as, aftby thofc Laws, that confine them to. 

* the DiftaoGco^&ve Miles, from their Dwelling- 

* Houfes; asd tbac fuch, by pad Licences not 

* warranted by Law^ ad have beeh granted unto 

* them, -for their Repair to the City oi London ^ 

* may be dilcharged and annulled. 

• 

Anfwer. To the third; his Majefly zvill take 

Order to rejlraln the Refort of Recufants to. the 

■ £ourt ; and, alfo, for the other Points in this Arfu 

cle. 



3P4 7heTarl$amentarylrLi^TOKY 

4.charletl.r//, kis Mqjeftf is well pUafed^ that the Lawsii 
^^'^ duily exectded ; and that all unlawful Lianca hi 
annulled and difeharged. 



IV. • That, whereas, it is more than probably 
conceived, that infinite Sums of Money havet 
within thefe two or three Years laft paft, been 
extraAed out of the Recufants^ within the'Kin^ 
dom, by Colour of Compofition s and a fmidl 
Proportion of the fame returned unto your Ma- 
jefty's Coffers, not only to the fudden enriching 
of private Perfons, but to the emboldening of 
Romi/b Recujants^ to entertain Maffing PridBs 
into their private Houfes ; and to exercife all 
their mimique Rites of their grols Superftitioo, 
without Fedr or Controul, amounting, as, by 
their daily Pradice and Oftentation, we may 
conceive, to the Nature of a concealed Tolera- 
tion ; your Majefty would be gracioofly pleafed 
to take this particular, more nearly, into 
your Princely Wifdom and Confideration ; and 
to diflblve thb Myftery of Iniouity, patched up 
of colourable Leafes, Contrack, and Precon- 
veyances ; being but Maiks* on the one Part, of 
Fraud to deceive your Majefty ; and Stales, on 
the other Part, for private Men to accompIKh 
their corrupt Ends/ 



Anfwer, To the fourth Article ; bis Mtgefij i\ 
moji willing to pum(h, for the Tmepafti and prevent^ 
for the future^ any of the Deceits and Abufes mentis 
oned in this Article ; and will account it a good S#r- 
vice in any^ that will inform Himfelf bis Privj^ 
Council^ Officers of Us Revenue Sy Judges^ or learn' 
ed Council^ of any Thing that may reveal this Afjf' 
tery of Iniquity. AndHs Mcjefiy doth Jlri&hy com" 
mand every of them^ to whom fueb Information JbaU 
be brought y that they fuffer not the fame to dioj but^ 
do their uttermojl Endeavour to effeft a clear Dtfco- 
very^ and bring the Offenders to Punijhment. And 
to the Intent no concealed Toleration may be effe^ed^ 
his Majejly leaves the Laws to their Courfo. 

V. « That 



Of E N G L A N D. 3(^3 

V. • That as the Perfons of Ambafladors from a^,^ ch«d«i. 
Foreign Princes9 and their Houfes, be free for 169$. 
the Exercifes of their own Reli^on, fo their 
Houfes may not be i^ade free Chapels and Sanc- 
tuaries unto your Majefty's Subjeds, popilblr 
afie£ted^ to hear Mafs i and to participate in alK 
other Rites and Ceremonies of that Superftition^ 
to the gteat Offence of Almighty God, and 
Scandal of your Majefty's People, loyally and 
religioufly aSeded : That either the Concourfe 
of Ricufants to fuch Places may be reftrained ; 
or, ' at leaft, fuch a vigilant Watch fet upon 
them, at their Return from thofe Places, as they 
may be apprehended, and fpeedily proceeded 
againft, Vt ipii palam pucaverunt in Luce pu-^ 
niantur.^ 

Anfwer. % the fifth j his M(^fjiy is wiUpUaft^ 
U prohibit and reftrain their Coming and Refirt to 
the Hmfes rf AmhaJJadors ; and will command a 
vigilant Watch to befet^ for their taking' and punijb' 
ingj as is defired. 

VL « That no Place of Authority and Com- 

* mand, within any of the Counties of this your 

* Majefty's Kingdom, or any Ships of your Ma- 

* jelly's, or, which (hall be employed in your 

* Majefty's Service, be committed to Popijh Recu-- 

* fants^ or io Non-Communicants^ that have been 

* fo by the Space of a Year paft j or to any fuch 

* Ferfons, as, according to Direction of former 

* Afts of State, are juftly to be fufpefted ; as tlie 

* Place and Authority of Lords-Lieutenants, De- 
< ^Uiy- Lieutenants, Juftices of the Peace, or Cap- 
« tains, or other Officers or Minifters mentioned 
^ in the Statute, made in the third Year of the 

* Reign of your Father of Blefled Memory : And 

* that fuch, as, by Connivance^ have crept into 

* fuch Places, may, by your Majefty's Command, 
f be difcharged of the fame/ 

* Anfwer. Tothe/txth; his Majejly is perfivaded^ 
that this Article is already abfervcd with good Care ; 

never^ 



^p6 Thi'Pariiafkemaf^llis^b^Y 

m iciwierl' ft^ff^t^^kfii M '^^ (Miiing^ as mMiB us maj btp 
•'^•-^ * aa&fm and B/eApis iH thAt J&W, bk JUi^Bfi 
irilt ppe Chaf'^i to iBi Urd Koper^ thm^ ai M 

niXtwrn, hi cMamo inm Mthe Jadgis^ dninti 

InfitM^ion f^om ihm, rfth StUfe oftbntff^A 
iiirciiU % ifdWffu^y at an ntimmieS in tMs Jtth 
0Bi fe in thi G^riimijpon nf thi Piati^ flM dim Rt- 
pHnatlon md) ii mde tbitefi and ttritt likH^li 
iibe Order U the iofd Admrali attd Jucb aMrs\ 
h whdfh iifiMl app^riahy to maie dSligifk En^; 
and eertifi'e, H Bis A^eflf\ f dnf fuch tbi>i » A 
Fldte ofMiWHy dfiiCmmi^^ ih hU Ship o> 
Service. 



■ VH. ' TBaf all fdat Majeftf s ^d^ Wf 
* tices, and Miniilers of Juftice, unto whoi^ Gksi 




* ed to put ihto ijpeedy^ ExecutiQif ttofe.L'avs^ 
^ which ftand in Force agaiiift Jejieits^ Smmrjf 
^ Prie/Isy and Popi^ Recu/ants 5 but that your Afa- 

* jfefty w'dutd be further juteafed tcf ciraiihadl the 
^ fald Judges, ind Jfuftices of Affisiis', to' gife i 
■ true and ftrift Account of their Procieefdifl^ at 
« dieir Returns dut of their Grcuits, unto the 
« Lord- Keeper J by him tb be prefehted* unrf 
« your Majefty. 

Anfweh f(f tU fevenih^ his Maji/fy ddhfil^ 

grant it. 

' VIIL < And for a felr and cleat Erididftlbii 

* of all Popery for the Future^ aftd for the iMed- 

* ing and nurfing up of a holy Generatiofl, add i 

* pecuFiar Pebple, fandlified unto^ th( tru<?Wor« 

* fliip of Almighty God ; that, until a fmyvifio- 

* nal Law can be made^ for the training and ed^- 

* eating of the Children of Popijh Remfamsj in 

* the Grounds and Princples of our Holy Religion, 

* which we conceive will be ot more Power and 

* Forcc> 



(y E pre I, AH p. 3P7 

'•* FoKc, toiuiitejrour Pet^ unto you jin |^<4-M.4-chuiaiv 

* nels of Lovcy Kel^ion, aod loyal Obedience, '^^.' 
f than all peckUjuary Mul^ and Penaluei ^at cah 

f poil&bl; be dcvifed : Youf Majefly would be 
f tJea&d to (i^ into your oiy a Princely Care 
5 uvl CopJitieratioii, tbele pijr hi^fnUe Peticipnt, 

* proceeding from Hearts a/id AStaioaa, loyally 

* and religioully, deVQied to Qqd and your Mar 

* jcfty'* Service, apd to the Safety of yoir Majef- 
^ ty's Sacred Perfon s which we moll jiealouflypre- 

* lent to your Princely Wifdojn, cravirjg your Ma- 

* jelly's cbcarful and graciojaji\pproW|pD thereof.' 

Anfwer. Tt iht ilghth, his Majtfiy dstb well 
4PPreve it, as a MaUtr if nutjfarj Coxfideralioni 
end the ParUament new /"ting, be recommendttb ta 
both Hmfii the Preparaiien of a fining Law tt that. 
Effe6l. And his Afajefty dstb further dee/are, (hat 
the Mildnefet that batb been ufid towards tbofe cf 
the Popijh RtUgion, batb been itpiin Hupe, that Fc. 
reign Princes, iheriby, might bi induced ta ufe Me- 
eieralietf tnvards their Subjeiis of the Refermed ^- 
igian ; but est finding that ge<id Sffe^ wbitb was 
expeiied, hit ^qeAj refaiveth, unUfi ks fitallvers 
fpeeiUiffit tttfer Ffuifs-, ta <idd a&rtber Degree ef 
Stvtrity, tb^ tbal iv^Vi, ii^yeur Pttiti^^ is defire4. 

April z. The King's Propofitiona concerning D,tate od ti« 
tbe Siipply were taken intq Conlidar^itipn ; andaSupplr. 
long Xtebale epfued upon it in the Hpule of Com- 
nt(^!. The Memixrs that fpoke, and the Argu- 
ments they (padeUfe of were ihefqj «id, firft, 
Mr. Alfird (a). 

f That tp anfww punflualty tq eyciy Article, 
was but to (jifcoverthe Kin^s Waptsf w}iich is 
Dcither fafe not &^ ^ ^^^ World no,^ goes ; nor 
»it goo4 for hjtHto a(k more than VKF can giye, nor 
for us to offer difproportionably ; v^ithall it might 

fs 

(m) TIm SM«^e> in thii Debits aUHnfoiafd bf * «re tafcra 
ftBwJ bjfcL nrfe. IV other in not in bit tMeSiou; but mfnp. 
(ilied friai ttr EtitmiritFtrUatniiiri; aod catnAd by i^c b«- 
»W-i OT fw««< Muafctipu. 



3P 8 The Parliamentary Hi s To r r 

An.4.ciiarietLi>edrawn to a Precedent fcH* the Sobjefbtomake 
i62S. and maintain Wars.' 

Sir Ribert Manfell. ^ It had been much better 
for us to have taken Care for thefe Provifions three 
Years ago: That his Majefiy's Defire is not to have 
the Commons overburdened ; yet thait feven of thefe 
Propofitions are not to be negledled, irf;». tfie fife 
guarding of the Coafts ; the Defence of the Elki^ 
the Defence of RochelU ; the increafing of the Na- 
vy ; the repairing of the Forts ; the Dilchar^ of 
\ the Arrears of Merchant Ships ; and the Defence 

of the Kxcig 6i Denmark : The other (even to be 
deferred till our next Meeting at Michaelmas** 

• Sir Francis S^mour. * It is faid, that the 
greateft Grievance is want of Supply j but I hoM 
it a greater Grievance that his Majefty is brought 
into thefe NecclH ties i efpeciallyconlidering the Sup- 
plies that of late have been given to the King ; two 
Subfidies granted by Parliament, over and above 
Privy-Seals, and the late Loan, whereby five Sub- 
fidies were forcibly and unadvifedly taken ; and we 
have yet purchafed to ourfelves nothing by all thefe, 
but our own Diftionour ; we have drawn and 
provoked two powerful Enemies upon us : It is not 
then what the Subjefts do give, unlefs his Majefty 
employ Men of Integrity and Experience to dif- 
burfe, otherwife all that we give will be call into a 
Bottomlefs Bag.' 

* Sir Nathaniel Rich. * Some Propofitions we 
Ihall not meddle with i as, a fovereign Army to be 
tranfported: ' We are not fit for that yet j but we 
will not reje^ it ; for great Princes, who give out 
Rumours of raifing great Armies, do put their E- 
nemies to great Fears. Then the Defence of our 
Coafts : Nothing is more neceflary 5 but the Bill of 
Poundage is for that particular Supply. And how 
far it may prejudice us for a future Precedent^ to 
give other Supply, let us be advifcd/ 

Sir Peter Hayman. « Vaft Propofitions are deli- 
vered to \is in fliewi which I defire the Gentle-* 
man that firft brought them in may give an Efti- 
mateof. . 

Mr. 



Pf E N G L A N D. S99 

Mr. Pymm. * In no Cafe is it fit to examine Am 4» Charles i. 
the Propofitions, efpccially of the Arrearages of «•**• 
the Merchant Ships, and for Preparation for the fo- 
retai Wars,' 

* Mr Secretary C^i* obferving a Diitin£liOD 
upon the Propofitions, as if fome of them were to 
be omitted, faid, * I know you will do it upon 
Deliberation : Some there are not poflible to be 
omitted ; as, the guarding of the Seas ; Defence of 
the Elbe and Rod>ell\ and thefe draw on all the 
reft* Ships muft have Men and Munitioui and we 
cannot divide any of thefe. This Houfe is tender 
of the Country. The King will not lay a Burden 
that cannot be born. We may fupply his Majefty 
without this. Give we now what we pleafe, the 
King may delay making Ufe of it, till the People 
are able to pay ; and by thb we fhall not only make 
Us Majefty fubfift, but advance his Reputation in 
the World, by the Unity of his People, more than 
by any Trealure.' 

. Sir Dudley Diggs. * To try and examine faith- 
fully the Propofitions. I refer it to the Judgment 
of the Houfe, whether it be fit to handle the Bu- 
finefs in order, or to give in grofs j confidering that 
the Bill of Tonnage and Poundage is now brought 
into the Houfe ; which, I think, is to be ^ven for 
the Safe-guarding of the Seas/ 

Mr. Spencer. * In no Cafe enter into Particu- 
lars. There hath formerly five Subfidics been given 
for the repairing of the Forts, and not one Penny 
has been beftowed on them, but the Money wafted 
in Diflionour.* 

* Sir John Elliot. » * Indeed there may be fome 
Neceflity for a War offenfive ; but, looking on our 
late Difafters, I tremble to think of fending more 
abroad. 

* Let us confider thofe two great Undertakings 
at Cadiz and Rhee', at Cadiz^ that was fo glori- 
oufly pretended, where our Men arrived and found 
a Conqueft ready, namely, the Spanifh Ships, a 
Satisfadtion fufficient and lit for us; and thiscon- 
fcflcd by fome then employed j and, never but 

gi anted 



400 The Tarliamentafjr Hi story 

A]i.f.chir]efi.granced by all, that it was feafible and eafy : Why 
'•*^ ' came this to nothing ? After thjit Oppor tuoity lo^ 
when the v^hole Army was landed^ with Ddbuc* 
tion of fome of our Men; why was»Dothipg 
done ? If nptbing was intended, why .were Aey 
Jand^? And, why were they fbip'df ji^ain? For 
Rbee\ Voyage, was not the whole Adlion carrittt 
againft the Judgment of the befl Commanden? 
Was not the Army landed ? Not to mention tbc 
Leaving of the Wines \ nor touch the Wonder 
(hat Cajar nerer knew, the enriching of tbeEoe- 
fay by Courtelies. Coniider what a Cafe we now 
are in, if, on the like Occafion, or with t)ie liki 
Inftruments, we fhail again adventure anothor 
Expedition, It was ever the Wifdom of our An* 
ceftors here, to leave foreign Wars wholely todil 
State, and not to meddle with them.' 

* Sir Edward Coke, * When poor S^gimd 
ilood alone, and had not the Accefa of anothff 
Kingdom, and yet had more and as potent Ene- 
mies as now it hath, yet the King qf Bnglandpn- 
irailed, 

* In the Parliament- Roll, in the 42. Edw. HI. 
the King and the Parliament gave God Thanks 
for his VjAory againft the Kbgs of Scotland and 
France I he had them both vtxWindfir Caftle 8^ 
Prifoners. What was the Reafon of that Coo* 
queft? Four Reafons were given. %. The King 
was aflifted by good Counfel. 2. Th^^ were va* 
liant Men. 3. They were timely fuf^ied. 
4. Good Employment. 

* In 3. Richard II. the King wasinvironed with 
Flemings J Scots^ and French 5 and the King of Eng- 
land prevailed. 

* In 12* Rhhardll. the King was inyiroDcd* 
vf'wh Spaniards y Scotsy ai;id French \ andtbeKif^ 
of England prevailed. 

* In 17. Richard II. Wars were in Ireland zni 
Scotland ; and yet the King of England prevailed, 
and Thanks were given to God here | and I hopo 
I (hall live to give God Thanks for our King*t 
Yiftories. 



Cf. E N G L A N D. 4Q1 

* Id 7. Uenry IV. Oneor twogreat Men aboutAo.4.charlcii. 
the King fo meWcd him up, that be icx)k no other '^*8' 

• Advice but from them ; whereupon the Chancel- 
lor took this Text and Theme in his Speech, at 
the Parliament, MuUorum Confilia requiruntur in 
jnagnis^ in Belio qtd maxitne tirmntfunt in maximis 
J^fri^uHs, Let . us give, and. not be afraid of our 
^ Enemies ; let us fupply bountifully, chearfully, 
-and fpee^ily, but enter not into particulars. Solo'- 
,7non*s R.ule .is, .^mrepetitfeparat^ my feparat fee- 
^deratos* We are united in Duty, tt'r. to the 
^King : The King: hath fourfcore thoufand Pounds 
-a Year for the Navy, and * to fcour the Narrow 
Seas ; it hath been taken, and we are now to give 
;it ; and (hall we now give more to guard the Seas? 
Befides, when that is taken of our Gift, it may be 
diverted another Way. . 

* It (hall never be faid we deny all Supply ; I 
think myfelf bound, where there is commune Peri-' 
culumy there muft be commune Auxilium* 

* Sir Thomas Wentworth, ' I cannot forget 
•that Duty which I owe to my Country ; and unlefs 
•we be fecured. in our Liberties, we cannot give. 
I fpeak not this to make Diverfions, but to the 
end, that giving, I may give chearfully. As for 
the Propofitions to be confidered of, I incline to 
decline them, and to look upon the State of our 
Country, whether it be fit to give or no. Are 
we come to ..aq End for our Country's Liberties ? 
Have we trenched on the Rates of the Deputy- 
Lieutenants? Are we fecured for Time future f* 

* Sir Henry Martin. ' We all defire Reme- 
dies for Our Grievances, and, without ihem, we 
fhall neither be willing, nor able, to give 5 for 
my Part, 1 he<irt,ily defire Remedy ; but which is the 
beft and wifeft Way, that is the Queftion : As we 
have made fome Progrcfs in our Grievances, fo 
let us now go on to fupply. There is a Proverb, 

Non bii ad idem. D:.(h not the Common- Wealth .', 

twice againft one Rock. We have.Grievanccs j 
.we muft be eafed of them; who (hall cafe usf 
, Vol. vn. C c No 



4oa Tkif Tiiriiameuttiry History 

Aa A^chttkiL^^ Nation hath a People moie loving to theKiag 
jett. than we ; only let the King think it and believe k; 
there is a Diftance betwixt him and us; wbiditbetae 
ive can have his Heart, we muft remove* OurDit 
eafe is not fo great, but that it may be cored : Itii 
the Xhg^s Euk which muft be cored with (kH 
Let us imitate Jac^^ who wreftled with AeAa- 
gjcU and would not let him go t 1 would we oooU 
wreftle with the King in Duty and Love, ae^ sflt 
let him gp, in this Parliament, till hexoosfly fA 
us. We muft take heed of too much lEtepedte 
and ov^- bearing of Grievances $ it k daogsm^ 
and may make a further Separation: He tfatt ttlki 
too much of Grievanoesy makes the Fertf tietii 
the Caufe of it make an Apology^ and to jetffr it s 
and that is dangerous, I^ us do as Poels n t 
Tragedy, that fomethnes have comical FdEoBi; 
and to a generous Mind will fink prefeatly. &ff 
a due Pidemation of Grievances to foch a Cift 
with Moderation, will take Place with him. lou 
Deliberations go the fafeft Way : The c^ Vfrr^ 
I have beard y is firft to remove Grievances: Wi 
muft not tie and bind ourfel ves byaU that was doK 
before. I have gone over the fTiiames^ in form* 
Times, on Foot, when it was all an loe i bat dot 
is no Argument to periiiade me to do the like now 
becaufe Tdid fo once.' 

Mr. Erton. * He delires to know the Rod, to 
the end we may avoid it ; and not to go backi but 
forward in our Confuliations/ 

Sir Rffberf Philips. « Hb good Hopes aie in U 
Majefty's Royal Care and Wiidom. That die 
free and great Council b the b^ ; tot Time and 
Hope of Change is coming towards us ; Rmi and 
iS!^i» trench deeply into our Counfels. Thatbeie* 
tofore there hath been a fair Prc^refi on both Parts, 
according to the Saying of tfee late King, 1/ tht 
Parliament didj orjhcuidgive mon than the Country 
imld bear^ they govt him a Purfe ivitb a Knife in it' 
. Sergeant H^ins. ' That knowing our own 

Rights, we ihall be better enabled to give. Two 

• • • 



(y E N G L A N D. 403 

Legs go beft together, our juft Oriefances and ourAii.4*Ch«rtei, 
Supfdjr, which I djcfiro tfny not be fepirated ; fory '^*** 
by prdenting them togethert ihqr flUUbe both ta:* 
hnorfaocfareAiied/ 

* 

^ The HoufeftiU waving the Debate of the Propo- 
fitioDs for Suf^, proceeded with the Orierances of 
CoDfinement, and Defigtntion for foreign Emfky' 
Bents ; on which Points feveral Members deltvtred 
their Opinianl } and, firftt Mr. Sildin fpoke as fol- 
lows (x) : 

* Gcnifinenient is difltroit from Imprifonment,M4i^<» Con- 
and it is agabft die Law that any Ihould be con-'"*"''^^ 
fbedf either to his Houfi^ or diewhere. I know 
of nothing that is call*d a Punifhment, but there 
Is f<nBe Oroond of it, or Mention thereof^ either 
in Ads of Parliament, Law-Booics, or Records; 
but, for this of Confiiiement, I find none : Indeed 
yews have been confined, in former Times, to cer- 
tain Places ; as here, in London^ to the Old Jewry. 
The CiviiiaQs have perpetual Prifons, and coerfive 
Prifons, upon Judgments in Court. Career A- 
meftictts is a Confinement for Madmen/ 

Sir Thomas HMy. * I was employed in the Year 
1588 in that Service : It wasf then thought fit that 
Recufants (hould be confined in firong Places ; but 
it was not held legal ; and when the ^anijh Navy 
was difpcrfed, they were fct at Liberty, and the 
Parliament petitioned the Qj^n for a Law to war- 
rant the Confinement/ 

Next the Rouie proceeded to the Debate qon-AndForaialai- 
cerning Defignation to foreign Employment, inl**?«""^ 
which Sir Peter Hayman opened his own Cafe thus : 

^ t have not forgot my Employment into ttitt 
Palatinate. I was call'd before the Lords of the 

C c 2 Council^ 

{x) From Ru/hfoorth only ; none of the Speeches in this X>ehatt 
are in the Ephtmeru Pariiamentaria or ourManulcripti- Nooirirh- u. 
fttnding the curicus Reader may obferve^ occafionUly, fome few Va- J . 

nations $ for u hich we are obHged to a Copy of 1iuflvMrtb*t Cd* 
ieSiont, corre^leA in many Pla^ by Sir jm Cetdrtcki, a Mf/nlif; 
0ftUa Parliament* 



404 The^iirliamentary'H.isroKr 

An. 4. C3iarle8 l.Council, for what t knew not ; but I hfeard it was 
*^^8 for not lending on a Privy- Seal. I told th«n, K 
they will take my Eftate, let them ; I would pre it 
up, lend I would not. When I was before thcLorii 
of the Council, they laid to my Charge my Unwil- 
lingnefs to ferve the King. I faid, I had my life 
2fnd my Eftaie to ferve my Country and-my Ik- 
ligion. They told me, that if I did not ptyi I 
(hould.be put upon an Employment of Service.' I 
was willing. After ten Weeks waiting, tbcy toU 
me I was to go with a Lord into the Palatittatf^ 
and that I fliould have Employment there, and 
Means befitting. I, told them I was z, Subjefl, and 
defired Means. Some put on very eagerly, im 
dealt nobly. They faid Imuft go on my owft 
Purfe. I told them, Nemo tnilitat fids ExpeKp. 
Some told me I muJI go. I began to think, Whati 
mttji I ! None were ever fent out in that Way. 
Lawyers told me I could not be fo fent. Having 
this Aflurance I demanded Means, and was reW- 
ved not to ftir but upon thofe Terms ; and, in Si- 
• lence and Duty, 1 denied. Upon this, having gi- 
' " ven me a Command to go, after twelve Days tbejr 
told me they would not fend me as a Soldier, but 
to attend on an Ambaffador. 1 knew that Stone 
would hit me, therefore I fettled my troubled Etote, 
and addreffed myfelf to that Service.* 

Mr. HactjjelL / This is a great Point, that 

much concerns the Common -Wealth, if the King 

cannot command a Subjedlto his neceflary Service; 

and, on the other Side, it will be little lefs than an 

honourable Banifliment to the Subjedl, if he may. 

Our Books fay. The King cannot compel any to 

go out of the Realm ; and, upon an Action brought 

^ againft him, he cannot plead in Bar, that he is by 

Command from the King in foreign Service, biu 

the King may give him his Proteftion. 5. Edw, III. 

N. 9. in the Parliament- Roll, there was an Or- 

dipance, whereby the King had Power to fend fomc 

to Ireland \ it was ordained by theSages of the Law 

^at Soldiers, where need fhall be, tho' they rcfufft 

to go, and excufe themfelvess if their Excufcs be 

ngi 



' Of .E'N Q L A\ JSn-EM • I^s 

niOt rcafon»ble»'fthfe King m^ d^ tp ih^m accord*rfAii.4.eChaij«i. 
ing to Right ajad. Reafon. If thj? King, by LsKvy^ ^8. 
could do this of himlelf, and /endthcra to /tejfin^fi 
(his own Dominion) he would never have taken 
Power from his Parliament i and if Men do not 
according fo that Law, (till there is no Imprifen'3 
ment prefcribed/ •• : • • . / 

Sir Edward Coke. * No Reftraint, be it ever 
fo little, butisImprifonmtmj.anjLl foreign Employ- 
ment is a Kind of honourable Bani(hment.' I my-r 
ftlf waS.d^ftgned togo to irW^/zi/r;^ .1 waswiUbg 
to goj anc}' hoped, if I had gone, to have found "»••«> ; " '" A 
fome Mompejfo^s there C;, There is Di^rence wheqi"^ '''^, *. " ** 
\fte Party is the King's Servant, and when not. ^.^^ .. .^i ; 
'ki ^6, Eiyoardlll, was the Time when the Law^ *^' . 

was in it* Height. Sir Richard Pembridge was ^ 
Baron^ an4 the King's Servant, and Warden of the,' 
Ginque-Ports ; He was commanded to go to IrelamU 
and to ferve as Deputy there ; which he refu%f£ 
He was not committed, but the King was highly^ 
offended ; and, having OfSces, and Fees, and Lands» 
pro Servitii fiii impenfoy the King feized his Lands 
and Offices* I went to the Parliament-Roll, 
47. Edward III; where I found another Precedent 
for foreign Employment : They that have Offices 
proConfilii^ or Servitii impenjo^ if they refufe, thole 
Lands and Offices io given are feii^ed ; but no Com- 
mitment.* 

. Sir Thomas WentwortJu * If any one owes a Maa 
Difpleafure, and fhall procure him to be put into] 
foreign Employment, it will be a Matter of high 
Goneernnieint to the Subjedl : We know the Ho- 
nour and Juftice of the King, but we know not 
what his Minifters, or the Mediation of Ambafla- 
dors may do, to work their own Malice and Re- 
fentment upon any Man.* 

Sir John Elliot. * If you grant this Liberty, 
V^hat are you the better for other Privileges ? What 
Difference is there between Imprifonment at home, 
and conllrained Employment abroad ? Itisnolefs 
than a temporal Banifhment ; neither is it for his 
Majefly's Service to conftrain his Subjects to Em- 

C c 3 ployraent 




4o6 Tk$TatlfdmMtarfIiisrt%r 

^'4'^ll^i'flicymttit abroad : Hcnaut and Rewnd isAqi 

^^ them nKlbr to fi^k it I boi, to be coa^xtfd^tni 
iM with our Liberty/ 

Tbefe Ddbsitts fbengioiccl the AttntiHiof tka 
Commons, that the Confideratloo of Hm Saffiy 
was put off for two Days longfer. 

ft 

Aprils. Mr. Secret^ Ctfil^broitgllttliellbd^ 
this Kfefla^ from the Kong. 
,^^ ^i AR?///?/ Atfvia;; undirftmd thai fkm Rmmmi 

dkatiiMiof tbe MviTid ty miy and tfkmi malkiiks 0krm^ mt 
^t^ Bock- /i^ Duki JbouUpat n/krdif H the CMmtU-anrit 

filfi Riports ; J^ that Mbk^ fittyhm tht IMr, 
or that Boards but xafhat was far tha G4ad tf M 
\hly: Hi would baviym ti (Mtrva fha Mki 
oji Spirits that thus put ia the/a JaahuAit. Hd 
the Uuki fi Jpdkifti be JbtuJd ham citifrdmffadtim 
filf\ for all if us of thi Council tatt taUibat hi wot 
the firft Movir and Perfuadir tfthisAf^nMftf¥ar^ 
hament to thi King. Efieem (f tbi JKSmg SiurdiHt 
tQ his Aifions^ and not thifi Talis : His MMy iakt 
Notice of our Purpofiy that on Friday ttv t^ njohfi 
upon Suppy^ which his M^efty gratioufy accipts of \ 
and that our frei Gift^ without any CanHtionf JkuU 
tejiify to thi World, that we will be as far from iV 
croaching upon his Prerogative j as be titiO in to nt- 
ifoacb upon our Liberties : And this Jball tmttappiat 
when we prefent our Grievances to him ) Mrf /Arw too 
Jhall how that he hath no Intention to vhUtiiatr ij» 
berties \ only let us not prefent them with mny J^aeh 
ty of Words He counts it his gnatift Ghry ia i$ 
a King of Freemen^ not of Villains. Hi tkougbtto 
have delivered this Meffage himfilf^ but that befioni 
it would take us too much Time. 

Then Mr. Secretary faid he would add a WordI 
or two of his own ; < Yeftcrday after Dinner wc 
attended his Majefty, and he :'fk*d us what we H^ 
done. We faid, we had entered into the Confide* 
ration of Supplyy and that the final Refolution was 

dc-' 



deitevd tiU /ViAgf $ aiul that tbis was done for juftA°*tfP^^^^ 

lUalbiiif to join tbe fiuiineis of bis Majefty aiicf ".^* 

our Country together i that thj$' would furt^j^is 

Majiefty, and give Ccmtent to the Country ; and 

tbat tlusUnion here niigb( be fpread abroad in the 

WorUL . His Ma^ftjr aofwered, E§r God's Sair^ 

whf flmid OM btndir thim rf thiir LUirtiiS ? If 

tb^ did^ I ftmld think tbiy d^ak not faithfuUf 

vmh mi. You ooay thus fee a true Cbaradler of 

his Majefty 's Difpofition : . Let us proceed with 

Gounge» and fcft ^aflured his Majefty will give 

great Ear untaiis | and let us all jojn to make a per- t^ 

UiSi Upiott to win the K^ing's Heart : We (hall find a 

gcapiousAnfwer from thelui;ig. and aheanyCb-o^^ 

Wion from tboie that yoVr (hink, to be averfe to i^s/ '^ ' 

Upon (he Delivery of this Meflage £ame ftoo^ 
y^^9 and jM'ofeis'd tbey never heard of any ' iuchr 
iharp Mefiage, or Words, the Day before ; or that 
any was fo bold as to interpofe himfelf. They 2ri> 
knowkdged his Majefty had put a threefold Ol)lN 
gauon on them : Firli^ In jnving them SatisfaSion. 
SuMdtfyln giving them Aflurance ("which is a great 
Law) that hewiUprotedl and relieve them. Thirdly^ 
In giving them Advice, as may befit the Gravity 
of that Aflembly and bis own Honour. So they 
concluded to carry themfelves as their Progenitors 
before had done i who never were markM for ftep- 
ping too (ar on the King's Prerogative ; and they 
Ittorned their humble Thanks to hb Majefty. 

The &me Day, Mr LHtUtMj one of the Com- 
mitter for taking into Contidetation the Liberty 
of the Subje& in Perfon and Eftate, which was ' 
fet on Foot by reafbn of tbe late Commitments, 
made a JReport tbat they proceeded^ in that Bufi- 
n^ with fiich Gravity and Leifure, as would 
add much to their Honour in the following Refo- 
lutions. 

I . Refihid^ upon the Queftion,That no Freeman The Commons 
ought to be committed, or detained in Prifon, orgj'^^"'!; 
other ways reftrained by Command of the King, borty of the Subl 
x)r tbe Privy-Council* or any otheri unlefs fomeJ«^ 

Caufc 



4o8 The^ Parliamentary JHCi s tort 

An. 4. Cbtrkti. Caufe of the Commitment, Detainer,, or Reftndnt 
»^*8. be (cxprefled, for which, by LiEiw, he 6ught to be 
committed, detained, or reftrained. 

2. Refolved^ That the Writ . of Habeas Cvrpux 
cannot be denied, but ought to be^ granted to eve- 
ry Man, that is committed or detained In Ptifon, 
of otherwife reftt^ined, by the Command of the 
King, the Privy-Council, or any othci:; he pray- 
ing the fame* "-.•.. 

3. Refohued^ upon Queftioh, That if a Free- 
man be committed or detained inPrifonj or other- 
Wife reftrained, by Command of the King, Pri- 
vy-Council, or any other, no Caufet>f fuch Com- 
mitment, l^c. being exprcffed ;' and. the fame be re- 
turned upon -ati' Hgieas Corpuh granted for thefiid' 
Party ; that theft he ought to be delivdt^ or bailed. 

4. Refolved^ upon* Queftion, That the ancient' 
and undoubted Right of every Freetiiah, is. That 
he hath a full and abfolute Property in his Goods 
and Ettate; and. that no Tax, Tallage, Loan, 
Benevolence, or other like Charge, ought to be 
commanded, or levied by the King orhisMinif- 
tcrs, without common Aflent of Parliament. 

All ijiefe Refolulions of the CoAimittee were 
unanimoufly agreed to by the whole Houfe. 

Mr. Rufhworth hath given us the Subftance of 
the Speeches made by a Committee, appointed to 
manage a Conference with the Lords, to induce • 
them to join in a Petition .to the Kiqg, for afcer- 
taining the Rights and Liberties of the Subjeftj 
which was afterwards called the Petition of Right. 
—The fame is in the Lords Journals ; entered 
there as a Report made by the Lord-Prefiderit 
and three other Lords, to that Houfe, of what 
palled at this Conference ; which, his I^ordfhip 
introduced iii thi3 Manner : 

MyLordSy 

^^^^.''m. '^P"^ Conference which was lately held with the 
Urds on that i Lower-Houle, was about the Liberty of thq 
Swbje^, Subjedt i and to fet this forth they employed four 

Speaker^, 



Of E N G L AN D. 40^ 

Speakers. The firft was Sir Dudley Diggs ; a Man An. 4.chule8 1* 
of Volubility and Elegance of Speech j and hb '*^*' 
Part was but the Introduction. 

* The fecond was Mr. Littleton^ a grave and 
learned Lawyer ; whofe Part was to reprefent the 
Refolutions of the Houfe^ and the Grounds wherer . 
upon they went. . . ^ 

* The thirid was Mr. SeJden^ a "great Antiquary, 
and a pregnafit Man ; his Part was to (hew. the 
Law and Precedents in the Points. 

* The fourtfi was Sir Edward Coie, that fa- 
ihous RepQi:t?'r of the Law ; wfeofe Part was to 
ijiew tlie Reafohs for all that the others had faid i 
arid rhaf it all was but an Affirmance of the Com- 

4ion-Law.' 

....... « .1 

Now, to repQrt the firft Man, Sir Dudley ; but 
how his Words will come oflF from my Tongue, 
I cannot tell j I (hall acquaint you With the Mat- 
ter of them as well as I can. 

* The Knight hoped to begin the Conference, 
aufpicioufly^ witti.an Obfervation but of Holy , 
Writ. rri;th6 ijfeiys of good Kipg y^^A, when 
the Land Was purged of Idolatry, and the great 
Men went about, to repair the Houfe of God; 
wbilft Money was fought for, there was found a 
Bpok of the Law, which had been neglefled. 
If e was confident/ that we would, as chearfully, 
jcJin with them, in acknowledging God's Bleliings 
injour good King j^ftahj a$ they did. He thank-' 
fully remembered your Lordfliip's truly honoura-. 
bi^. Invitation of fhem to the late Petition,' for 
cleaftfing tttd Land from Popijb Abominations ;^ 
and, as then,' Tq noW, while they were feeking for ' 
Money, they found, he could not fay a Book of 
our Law, biit main. and fundamental* Points of the 
Law, neglefted and broken; and this occafioned 
their Dcfirc of a Conference. Wherein, he was 
commnnde'd to (hew, 

* That the Laws of England are groiyided oh 
Reafon, more ancient than Books, Confifting much 
in unwritten Cuftoms, yet fo full of Juftice and 

true 



410 7be Parliamentary Hi story 

, charkiLtrue Equitj^ that your rodl bonourabk Pradsel* 
^^^ fors and Anceltors often defended them with a u- 
hffm%miaan\ and fo anckm, that, from the to- 
rn Days, notwithftanding the Injuriea and ftuiHi 
of Time, they have continued in moft Kut the 
lames as may appear in old remaiiitng Moqu* 
ments of the Laws tiSEtbettirt^ the firft Cfarifiiaa 
King of Kent ; Ina the King of the tf^ift^Baimii 
Offa of the Mirdansj and of Mnd {he grekcM^- 
narch, who united the Sax^n Heptarchy* ' whole 
Laws are, as he fays to tl^t End,; XJtpiti qui U 
UM Rige^ fuh una Lige rigitintur. And. tho, 
the Book oi Litchfield^ faking of the troubielbme 
Times of the Danes^ f^s, then, Jusjfipiium intf 
in Regno^ Leges br CimJuetudiniS J^tit/iM^, aod; 
Prava Voluntas^ Pis (^ Vtolentia maps ngnakm 
quam Judicium veljujitia: Yet, by the Blefljog 
of God, the good King £^W, commonlj qjl: 
ed St. EdwoKd^ did awaken thole Laws \ alnd, a* 
the old Words are, Exehatas reportnAt^ ripar^- 
tas decor avit^ decorates confirmavit ; whith emSf' 
mavit (hews, that good King BdwarJ recx^nred 
tbofe Laws, and did not give them $ frhich fl^ 
Itam the Conqueror, and all his SUcceflbrSs fincp« 
that Time, have. f worn unto. 

^ And here, my Lords, by many Cafin, fit-. 
quent in our modern Laws, firongly (concurring 
with thofe of the ancient Saxm King3, I migjhtt 
if Time was not more precious, demonftratta that 
our Laws and Cuftoms were the lame. 

* I wilt only entreat your Lordlhips Leave to 
ten you. That, as we have now, fo even In thofe; 
Saxon Times they had their Court-Barras, and 
Court- Leets, and Sheriffs-Courts; by which, as. 
Tacitus lays of the Germans^ their Anceftors, yura 
reddebant per Pagos & Vicot ; and I do believe, as 
we have now, they had their Parliaments; where 
new Laws were made, cum Confinfu PraUoorifni^ 
Magnatum & tottus Communitatis ; or as anotlier 
writes, cum Conftlio Pralatorum^ NoUlium ff'fipi', 
entlum Laicorum. I will add noting out of Glan^ 
vHle^ that wrote in the Time of Henry IL or 



Of B N6 LAND. 4xr 

Sr§llm^ tint wrote in the Dajfsof AiMiylll. only Am4. ciuifesr, 
g|fe me Laf« tocite that of Fsrufmt^ the leattw '^^« ^ 
ed Chtnoetlor to Hmry VI. who* writing 6f th& 
Kingdom, fityt, JRif inM jf^ffi Mmku Nati^mm 
tf Kjipm Timpiriius. rifimy faifai nms ngiiur^ 
tugUm &r Cm/mtmmku^ t^Aatm. But» my 
good Lords, as the Poet laki of Fame^ I may ftf 
of our Common Iaw I [ 

AgrttBtMrpa 8d^ itCk^ inur tJiMk cmSf. ' 
^ Wherefore, the dondy Part beipg mioe, I 
will malce hafte to opeA Way for your Lordfh^iv 
to hear more cenain Aigumenti. 

* Be pteafed then to koow^ that it is an un* 
doubted and fimdameoul Pgint of this fo antient 
Common Law of B^knd^^ That the Subjeft hath 
a true Ph>perty in biaj-Goods and PofleJSionsy which 
dodi ^emve asfaaedt^hat mum if tmm, that 
is the I^urfe of Induftry and Mother of Courage i 
and mthout which, there can be no Juftice, of 
wl^by nrnm 6r timm U the proper ObjcA. But 
the undoubted Btiibrigbt of free Sut^eds hath, late- * 
IV, jsot a little been invaded and prejudiced by 
rireffuress the more grievous, becaofe they hivia 
been purfued by Imprifonment, comtrary to the 
Franchifes of thisl^iid: And when, according 
to the Laws and Statutes of this Realm, RedreS 
hath been iought for m a legal Way; by demand* 
iog Habeas Corpus from the Judges, and a D6f- 
cbarge by Trial according to the Law of the Land, 
Succefih^th failed: This now enforceth the Com- 
mons, in this prcient Parliament aflembled, to ex* 
aT»!t^, by ^tX^ of Parlianient, Precedezyts aiid 
Reafons, the Truth of the Bnghfi^ SuMea's Li*, 
berty ; which I f!taX\ teave to a learned Uentlemao 
toargue.^ ' 

The reft of this Report, being very long in iho 
y$§ifnab. btcauie of the many Law- Cafes, Re- 
cordi, i^(. Ciied (y ;, we (h./! give it as we find 
k i Tomewhat abridged in Rujyj>worth. 

Mr, 

« 

{y) Thefe ate tU to bt fot«l, tt ]ar|p, ia the Sjfbtmeris PsrS^ 



411 TheTarRatHentaryHisroKr 

An. 4. Charles I. Mr. Littleton. • Your LordWps have heard, that 
'^*** (he Commons have taken into Confideration ibe 
Matter of perfonal I^ibercy ; and, 'after long DcbatCi 
they have, upon . ^ full Search, and clear Under- 
ftanding of all Things pertinent to the Queftion, 
unanimoufly declared. That no Freenian ought ta 
be committed, or reftrained in PrifoD, b/the Com- 
mand of the King or Privy- Council, or any otficr, 
unlefs fome Caufe of the Commitmetit, Detainer 
or Reftraint ht exprefled, for. which by Law he 
gught to be committed, detained, or reftrained:- 
And they have ifent me* with others of their Mem- 
bers, to reprefent unto your LordQiips the true 
Grounds of jheir Refolbtion; aixd have chaiiged 
me particularly, leaving the Reafons of Law and 
Precedents for others, to give your Lordfliips Sa-^ 
tisfaflion, that .this -Liberty is eftabliHied and con-, 
firmed by the whole State, the King, the Lords 
Spiritual and Temporal, and Commons, by fevc- 
ral Adls of Parliament ; the Authority whereof is 
fo great,, that it can receive no Atifw^r, fave by 
Interpretation or Repeal by future Statutes. Aqd, 
thefe I (ball mind \y our Lordfhips of, are fo direft 
in the Point, that they can bear no other Expofi- 
tion at all ; and fure I am, they are ftiJl in Force: 
The firft of them is the Grand Charter of the Li- 
berties of England^ firft granted Jnno 16. Jolm% 
and renewed in 9 th Hejtry IIL and fincc con- 
firmed in Parliament above thirty Times; the 
Words there are. Chap. 29. Nullus Uber Homo ia* 
piatur^ vel imprifonetur^ aut dijfeijiitur de Sbero 7r- 
mmento fito vel liber is Confaetudinibus fuis ; ant utla*. 
gaturydut exuletur^ autaliquo.ModoaeJiruatur\ nee 
fuper eum ibimus^ nee eum mittemus^ mfi per legale 
Judicium Parium fuorum^ vel per Legem Terra* 

He then proceeded to open, and argued learned* 
ly upon, the feveral Particulars in the laft recited 
Claufe oi Magna Chart a \ and further ihewedf 
• That no Invafion was made upon this perfonal. 
Liberty, till the Time of King Edward IIL. 
which was foon refented by the Subjeft ; tor, in 5. 
Edward III. Chap. p. it is enabled, That no Mail 

from 



0/ E N G LAND. 413 

from henceforth {hall be attached on any Occafi-An.4.charic8i. 
on, nor fore-judged of Life or Limb, nor his . '^*** 
Lands, Tenements, Gdods^ nor Chattels, feized 
into the King's Hands, againft the Form of the 
Great Charter, and the Law of the Land. And 
in 25. Edward IIL Chap. 4. it is more full, and 
expounds the Words of the Grand Charter, which 
is thus; * ^yhereas it is contained in the Grand 
Charter of the Franchifes of Engkndy that none 
Ihall be imprifoned, nor put out of his Freehold, 
nor Free-Cuftom, unlefs it be by the Law of the 
Land ; it is awarded, aflented, and eftablifhed. 
That from hencefbrth none fliall be taken, by Pe- 
tition or Suggeftion made to our Lord the King, 
or to his Council, unlefs it be by Indidlment or 
Prefentment of his good and lawful People of the 
fame Neighbourhood ; which fuch Deed lha!l be 
done in due Manner, or by Procefs ihade by Writ 
original at the Common Law ; nor that none be 
outed of his Franchifes, Office, nor Freehold, un- 
lefs he be duly brought to anfwer, and be fore- judged 
of the fame, by the Courfe of the Law ; and that 
if any Thing be done agaihft the fame, itfhall be 
redrefled and holden for none. And 28. Edw. III. 
Chap. 3. it is more direft ; this Liberty, being fol- 
lowed with frefcSuit by iheSobjedl; where the 
Words are not many, but very full and fignificant ; 
• That no Man, of what State and Condition he be, 
Ihall be put out of his Landi^or Tenements, nor 
taken, nor imprifoned, nor difinherited, nor put 
to Death, without he be brought to anfwer by due 
Procefs of the Law.* Several other Statutes, were 
cited by him, in Confirmation of this Point ofthe 
Liberty of the Subject. 

The King's Counfel afterward made Objeftions 
to the faid Argument; yet acknowledged, * That 
the: feven Statutes, urged by the Houfe of Com- 
mons, are in Force; yet faid. That fome of them 
are in general Words, and therefore conclude no- 
thing, but are to be expounded by Precedents ;. and 
ibxne of them are applied to the Suggeftion of 

• Subjeds, 



414 Tbe'ParBoMiemMrfliks'^liY 

^ciiiikti*Sabjeas, and not to die Kingf i OniaMi ttaflf 
'^^ of itfelf i ind that pit Legtm T$rrm^ in Hvw 
CbarUif cannot be iinderftood fior Pneeb ofl^ 
and original Writ ; fior that in criminal PMnKt 
ingt, no original Writ is ufual at all ; but amf 
Conftabie, either for Fetony, or Bcwch of tor 
Peaces or to'prtvent the Breach of the Pcace» miKf 
commit witboutProceft or ori^mlWriti andftnett 
Tery hard the King (bould not have tlie Power ef 
a Conftable. They alio argued. That the Kiog 
Was not bound toexpreft the Caufe ^of biprifixh 
ment ; becaufe there may be in it Maner of Stase^ 
not fit to be revealed fora Time-; left the Goofed 
derates thereupon make Means to doMoe dhe Hands 
of Jullice. Beiides, that which tbe Commons do 
iay, TbatthePartyou^ttobedeliveisdorbaitedt 
is a Contradtdion in itiMf ; for Bailing doA %dh 
fy a Kind of Imprifonment ftill ; Dehvery is a fo- 
ul freeing: Andbeiides, Baitkig is a Orace or Fa- 
vour of a Coart of Juftioe, and they may refiiie it' 

To this it was replied, * That the Statntea were 
dired in Point ; and though ibme of tbem fyeak of 
Si^efbons of the SubjeAa, yet they ate* in equal 
Reafon, a Commitment by Command of the Kii^ 
as when the King taketh Notice of a Tboig hia* 
lelf. And for the Words, pir £jgm Tstr^^ ori- 
ginal Writs only are not intended, bat all ocber le- 
gal Proceis, which comprehendeth the whole Pro- 
ceedings of the Law upon Caufe other than Trial 
by Jury ; and tbe Courfe of the Law is ica d ued 
by due Procefs of tbe Law ; and no Man ought to 
be imprifoned by fpecial Command without In- 
didment, or other due Procefs to be made by the 
Law, And, whereas, it is bi(U there mig^t be 
Danger in revealing the Caufe f that may be avoid* 
ed, by declaring a general Caufe ; as for Treaibn, 
SufpicionofTreafon, Mifprifion of Treafon^ Co- 
lony, without exprefling the Particulars; which 
can give no greater Light to a Confederate, than 
will be cooceiyed upon tbe very Apprebeafion or up- 

oa 



Of BN G L A N D. 415 

M dw ImpriiiDDmcnCt if nothing at all was ex«Aa.4.cKari«ff, 
preijbL Andasfor bailing the Party commitced, it >*^ 
hatfi ever been the Dilcreiion of the Judges to give 
filch Refpeft CO a Oxmnitment, by Command of the 
KiQ$or PrIvy-CounciU which are erer fuppofed to 
W<}one in juft and weighty Cafts ; that they will not 
fiukbnly let tbem free, but bail them to anfwer 
what (hall b&ob]e)£ledagainfl them, on the King's 
Behalf ; but if any oth^ inferior Officer do com* 
mit a Man without (hewing Gauie, they do in* 
ftantly ddnrer him, as having no Reafon to expefi^ 
their LeiAire % fo that Delivery ia applied when the 
linprifonment is by Command of iome mean Mi* 
Biftef of Juftice ; and Bailing, when by Command of 
the King or hte Council : And tho' Bailing is a 
Grace and Favour of the Court in cafe of Felonjr 
, and other Crimes; for that there is another Way 
to difcharge them, in a convenient Time, by their 
Tr'^ : Yet where no Caufe of Imprifimment ia 
return'd» but the Command of the King, there is 
no Way to deliver fuch Pcrfons, by Trial or other- 
wife, but that of the Habeas Corpus ; and if they 
(hould be then remanded, they might be perpetually 
imprifimed without any Remedy at all : And, coo* 
fequeody, a Man that had committed no Ofience, 
might be in a worfe Cafe than a greater Ofieixier ; 
f^ the latttr ihould have an ordinary Trial to dif* 
charge him i the other (hould never be delivered/ 

Mr. SMen."^ * Your Lord(hip6 have heard, from 
the Gentleman that fpoke laft, a great Part of the 
Grounds upon which the Houfe of Cbmmons, 
upon mature Deliberation, proceeded to that dear 
Reiblution, touching the Right of the Liberty of 
their Peribns : The many Adsof Parliametit, wMch 
are the wrilten Laws of the Land, and are ex- 
pi efly to the Point, have been read and opened ; 
and fuch ObjeAions as have been, by fome, made 
unto them, and ObjeAions alio made out of a* 
ther A£ls of Pariiaroent, have been cleared and an* 
^w^ered; It oaay.feem now pctbaps^ my Lonta, 

that 



4< ^ ^^ Parliament dry Hi story 

iiB. 4. chvriei I. that little remains needful to be further added, fo 
iM. ' the Enforcement and Maintenance of fo funda- 
mental and eftablifhed a Right and Liberty, ixJosg- 
ing' to every Freeman of tl^ Kingdom* 

* The Houfe of Commons taking into Confi- 
deration, that in this Queftion, (being of fo I^ a 
Nature, that never any exceeded it in any Court of 
Juftice whatfoever) all the feveral Wajrs of juft 
Examination of the Truth (hould be ufed; hr?e 
aifo molt carefully informed themfelves of all /br- 

. roer Judgments or Precedents concerning this great 
Point either Way, and have been no lefs careful of 
ibe due Prefervation of his" Majefty's Prerogative, 
than of their own Rights. The Precedents hoK 
are of two Kinds ; either meerly Matter of Record, 
or elfe the formal Refolutions of the Judges, after 
folemn Debate in the Point. 

* This Point that concerns Precedents, the Houfe 
of Commons have commanded me to prefent to 
your Lordfhips \ which I (hall, as briefly as I may, 
fo 1 do it faithfully and perfpicuoufly : To that 
end, my Lords, before I come to the Particulars 
of any of thofe Precedents, I (hall firft remembor 
to your Lordfhips, that which will feem as a ge- 
neral Key for the opening and true Apprebenfion 
of all thofe on Record ; without which Key, no 
Man, uniefs he be verfed in the Entries and Courfe 
of the King's Bench, can poffibly underftand. 

In all Cafes, my Lords, where any Right or Li- 
berty belongs to the Subjeft by any poiitive Law, 
written or unwritten \ if there were not alfo a Re- 
medy by Law, for enjoying or regaining of this 
Right or Liberty, when it is violated or taken from 
him, the pofiiive Law were mod vain, and to no 
Purpofe ; and it were to no Purpole for any Man 
to h.ve any Right in any Land or other Inheri- 
tance, if there were not a known Remedy ; that is, 
an A it ion or Writ, by which, in fome Court of 
ordinary Juftice, he-might recover it. And in this 
Cafe of Right of Liberty of Pcrfon, if there were 
not a Remedy in the Law for regaining it when it 

is 



or ENGLAND. .417 

c itftraiped, it wev^ to no Purpofe to fpeak of Laws Aii*4- Charles^* 
tljat ordain it fliould not be reftraincd. *6* 

* The Wiit of Habeas Corpus ^ or Corpus cum 
Oaufaj is the higheft Remedy in Law for any Man ^ 
that is imprilbned ; and the only Remedy for bim 

that is imprifoned by the fpeciai Comiliand of the 
King, or the Lords of the Privy-Coundl, without 
(hewing the Caufc of Commitment ; and if any 
Man be fo imprifoned by any i\xch Command, or 
otberwife whalfoever thro' England, and defire, by 
himfelf, or any other in his Behalf, this Writ of 
Habeas- Corpus for the Purpofe in the Court of 
King'i) Bench, that Writ is to be granted to him» 
and ought not to be dented ; and is direded to the 
Keeper of the Prifon, in whofe Cuftody the Prifo- 
ner remains, commanding him. That after a certain 
Day he bring in the Body of the Prifoner, cum 
Caufa DetentioniSy and fcmetimes cum. Cauja Cap- ' 

tiords ; and he, with his Return, filed to the Wrk» 
bringeth the Prifoner to the Bar at the Time ap- 
pointed, and the Court judgeth of the Sufficiency 
or Infufficicncy of the RetuVn ; and if they find 
him bailable, committitur Marefcallo^ the proper 
Officer belonging to the Court, and then afterward* 
traditur in BalHum. Butif upon the Return of the 
Habeas Corpus it appear to the Court, that the Pri- 
foner ought not to be bailed, nor difcharged from 
the Prifon whence he is brought, then be is remand- 
ed and fent back again, to continue till by due 
Courfe of Law he may be ddivered ; and the En- 
try of this is, Remittitur quoufque fecundum Legem 
deliberaius fuerit \ or, Remittitur quoufque^ l^c. 
which is all one, and the higheft Award of Judg* 
ment that ever was or can be given upon a Habeat 
Corpus. 

* Your Lordfhips have heard the Refolution of 
the Houfe of Commons, tcuching the Enlargement 
of a Man committed by Command of the King, or 
Privy Council, or any other, wit-bout Caufe ihew- 
ed of fuch Commitment ; which Refolution, 'as ic 
is grounded upon A6ts of Parliament already (hewi^ 

Vol. VIL D d (ibe 



4 1 8 7 he TarliameHtary Hi s tort 

Ao. 4iChariMi.(the Reafon of the Law of the Land being on- 

i6^. initted to the Charge of another to open untt) job) 

fo it is ftrengthened by many Precedents of Recodi.' 

He then produced twelve Precedents, fiill Jii 

diredtly in the Point, to prove that Perlonsfbooo- 

iHitted» ought to be. delivered upon Bai]}iAick 

were diftin£lly opened and read to their LcnillifL 

Then he alfo offered to their Coniideratioo (As 

Kind of Precedents ; which w^ere folemn Rdfc* 

mm of Judges, Things not of Record but jret «• 

niaining in authentic Copies ; which PrecedeoMl 

■ Authorities we omit for the Length thereof^ 

He then proceeded and faid, * The Houfe«( 
Commons (deiiring with all Care to inform cbem- 
felves fully of the Truth of the Refblutionof (b 
Judges in the 34th Year of the late Queen, dtelia 
the Cafe of Sir John Heveningham^ by the Bnifa 
Counfel, as Arguments againft, his not beir% b^) 
have got into their Hands a Book of feleS Caiei) 
colle<^ by the Reverend and Learned Judge, Chief 
Juflice Anderfon^, all written with his own Hand \ 
which he caufed to be read (z). Thefe Prece- 
dents, faith he, do fully refolve for the Adaintenaoce 
of the antient and fundamental Point of Lterty 
of the Perfon, to be regained by Habeas drfut 
when any one is imprifoned.' 

Then he concluded, * That having thus gone 
thro' the Charge committed to him by the Houfe 
of Commons, he (hould now, as he had Leave and 
Direction given him, left their Lordfhips fhould be 
put to much Trouble and Expence of 1 ime, in 
finding and getting Copies at large of thofe Thing? 
which he had cited, offer alfo to their Lordfbips 
authentic Copies of them all ; and fo left them, 
and whatfoever elfe he had faid, to their Lordihips 
farther Confideration/ 

Sir Edward Coke. ' Your Lordfhips have heard 
/even Adts of Parliament in Point, and thirty -one 
Precedents fummarily coUeded, and with great. 

Un- 

(«} See ibis Cafe at large ia Kufixvcrtl, p. s' <• 



0/ E N G L A N D. 415^ 

Underftanding delivered; which I have perufed,An'4^ chnksi^ 
and underftand them all thoroughly. Twelve of '^*** 
the Precedents are in Terminis UrminantibuSy a » 

whole Jfury of Precedents, and all in the Point. I 
am tranfported with Joy, becaule of the Hope of 
-good Succefs in this weighty Bufinefe, ycur Lord- , 

Slips being fo full of Juftice, and the very Theme 
and Subjeft both promife Succefe ; which was Cor^ 
pus cum Caufa^ the Freedom of an Englijhman^ not 
to be imprifoned without Caufe (hewn ; which is 
my Part to (hew, and the Reafon and the Caufe 
why it flibuld be fo 5 wherein I will not be prolix ; 
for to gild Gold were idle and fuperfluous.* 

After that he had cleared feme Doubts made of 
the Statute of Wejim'injier^ which faith, That the 
Sheriffs and others^ in fome Cafes^ may npt. replevin 
Men in Prifon^ he proceeded further and faid, * That 
,>all thofe Arguments oflfered unto your Lordfliips in 
this laft Conference, are of a^ double Nature: 
I. Afts of Parliament- a. Judicial Precedents. 
For the firft, I hold it a proper Argument for your 
Lordfliips ; becaufe you, my Lords Temporal, and 
you, my Lords Spiritual, gave your Affent unto 
thofe Adls of Parliament; and therefore, if thefe 
cannot perfuade you, nothing can. For the fecond, 
which are judicial Precedents, it is.Jrgumentum ab 
Autharitatey and Argumentum ah Authoritate valet 
affirmative ; that is, I conceive (tho' it be no good 
Argument to fay negatively) the prefent Judges gave 
no Opinion in this Point. 3 . It is good Law, which 
I fortify with a ftrong Axiom Neminem oportet fa- 
pientiorem ejfe Legibus* Now thefe two Argu- 
ments being fo well prelTed to your Lordfliips by 
my Colleagues, I think your Lordfliips may won- 
der what my Part may be : It is (hort, but fweet ; 
it is the Reafon of all thofe Laws and Precedents j 
and Reafon muft needs be welcome to all Men ; 
for all Men are not capable of underftanding th6 
Liw, but every Man is capable of Reafon. And 
thefe Reafons I offer to your Lordfliips, in Affir- 
mance of the antient Laws and Precedents made 

D d 2 for 



400 The Parliamentary Hi s Tpur 

Aa.4.Charieij.fortbe Liberty cf the Subjefl:, agiiiift Impriibfl- 
*••*• ment, without Caufc cxpreflcd. 

1. ^ A Re ipfa. 

2. « >f minm ad majus, 

5. ' From the Remedies provided. 

4. * From the Extent and Univcf fality of the 
fame*. 

5. * From the Indefinitenefs of tbe Time. 

6. ' A Fine. 

* Thefirft general Reafon is, A Re ipfa^ even 
from the Nature of Imprifonment, ex Vifurilm 
Cmfa\ for I will fpeak nothing but ad idemy be it 
clofe or other Imprifonment ; and this Argument 
.is ibreefold; becaufe an imprifoned Man* upon 
Will and Pleafure, is, 

I. * A Bond-Man, 

a. vWorfethana Bond-Man* 

3. ' Not fo much as a Man ; for martuus Hem 
mn eji Homo \ a Prifoner is a dead Man. 

I . * No Man can be imprifoned upon the WjU and 
Pleafure of any, but he that is a Bond- Man and 
Villain; for that Imprifonment and Bondage aie 
propria quarto m6do to Villains: Now prepriaquaf- 
:to modo^ and the Spems^ are convertible ; whoTo- 
€ver is a Bond Man may be imprifoned, upon 
Will and Pleafute \ and whofoever may be impri- 
^foned, upon Will and Pleafure, is a Bond-Man. 

3. * \i Freemen of England might be imprifon- 
ed at the Will and Pleafure of the King, or his 
Commandment, then were they in worfe Cife 
than Bond-Men or Villains; for the Lord of a 
Villain cannot command another to imprifbn bis ^ 
- Villain without Caufe, as of Difobediencc, or refu- 
fing to ferve, as it is agreed in the Year- Books/ 

And here he faid, * 1 hat no Man (hould repre- 
hend any Thing he faid out of the Books or Re- 
cords. He faid, he would prove a Freeman, im- 
prifonable upon Command or Pleafure without 
Caufe expreffed, to be abfolutely in a woife Cafe 
than a Villain ; Snd if he did not make this plain, 
W defired their Lordfhips not to believe him in any 
.Tiling clfe 5 and then pioduccd two Book-Cafes, 

7. £i- 



• Of E NG L A N J>. 421 

^: Edwdta Ul: FoL^o \n the hcW Print, 3iSjy,.4..chari«f.. 
old Print ; A Prior had commanded one to tmprifiti »6»*« 
hii Villain ; the Judges were ready to iail kim, till 
ibe Prior gave bis Reafon^ that he refufed to be Bai- 
liff' of his Manour^ and that fatisfied th^ Judges, 
Second Cafe, '^'^,. Edward HI. Title ^refpafs 253. 
in Faux Imprtfonment : It \rfls of an Abbot, zv/?o 
commanded one to take and djeiain his Villain ; lut 
the Caufe being demanded^ he gipes it^ becaufe he re- 
fufed^ being thereunto re^red^ to drive his Cattle. 
Ergo^ Freemen imprjfoned, without Caufe fhewn, 
^rc in Worfe Cafe tkan Villains, that muft have 'a 
Ca\tfe (hewn them why they are imprifoned. 

5. 'A Freeman imprifoned without Caufe, is 
fo far from being a Bond -Man, that he is not fo 
much as a Man ; but is indeed a dead Man, and fo 
no Man. Imprifonment is in Lsw a civil Death ; 
perdit DomumyFamiHam^ Ficinos, Patriam^ and is to 
live amongft wretched and wicked Men, Malefac* 
tors, and the like. And that Death and Imprifon- 
ment was the fame, he proved by an Argument ab 
Effe^iSy becaufe they both produce the like imme- 
diate Effefts : He quoted a Book for this \ If a 
Man be threatened to be killed ^ he may avoid Feof' 
ment of Lands^'Gifts of Goods, &c. So it is if he be 
threatened to be imprifoned : The one is an adlual, 
the other is a civil Death. And this is the firft ge- 
neral Argument, drawn a Re rpfa, from the Na- 
ture of Imprifonment, to which Res ipfa Confilium 
dedit.* 

The fecond general Reafon he took from his 
Books ; * For, he faid, he had no Law, but what,, 
by great Pains and Induftry , he learned at his Book ; 
for, at ten Years of Age, he had no more Law than 
other Men of like Age. And this fecond Reafon 
is, a minori ad majas : He takes it from Braffon, 
Minima Poena corporalis efi major qualihet pecuniar ia. 

* But the Kmg hfmfelf cannot impofe a Fine 
upon any Man, but it muft te done judicially by 
hjs Judges, per Jujlitiarios in Curia, non per Regem 
in Camera i and lo it hath been rcfolved by all the 

D d 3 Judge* 



4^% TheTarliammary nisrOKt 

Aii.4.ChMi«Kjudges of EnglanL He quoted 3. RiciarilH 
l6»S. Folix. 

' The third general Reafon is taken from tbc 
Kumber and Diverfity of Remedies, which tbc 
Laws give againft Imprifonment, viz. 

* Breve de Homine repkgiando. 
f deOdio^ Atia. 

♦ . de Habeas Corpus. 

^ An Appeal of Imprifonment. 

• Breve de Manucaptione. 

• The two latter of thefe are antiquated j but 
the Writ de Odio i^ Atla is revived, for that was 
given by the Statute of Magna Cbarta^ Cap. 29. 
and by Statute of 42. Edward III. it is declared, 
That all Statutes made againd Magna Cbarta are 
void. 

• Now the Law would never have given fo 
many Remedies, if the Freemen of England m^l 
have been imprifoned at Will and Pleafure. 

* * The fourth general Reafon is from the Extent 

and Univerfality of the pretended Power to impri- 
fon ; for it would extend not only to the Com- 
mons of this Realm) and their Pofterities ; but to 
the Nobles of the Land, and their Progenies ; to 
the Blfhops and Clergy of the Realm, and their 
Succeflbrs. And he gave a Caufc v^hy the Com- 
mons came to their Lordfliips, Commune Pericu- 
hm commune requirit Auxilium. t^^Ly^ it reachclh 
to all Perfons, of what Condition, or Sex, or Age 
foever 5 to all Judges and Officers, whofe Attend- 
ance is necqflary, &c. without Exception ; and 
therefore an Imprifonment of fuch Extent, with- 
out Reafon, is againfl: Reafon. 

* The fifth general Reafon is drawn from the 
Indefinitenefs of the Time ; the pretended Power 
being limited to no Time ; it may be perpetual du- 
ring Life : And this is very hard. To caft a Man 
into Prifon, nay, to clofe Prifon, and no Time al- 
lotted for his coming forth, is a hard Cafe, as any 
Man would think that had been fo ufed. And here 
he held it an unreafonable Thing, th^t a Man had 

a 



Of EN G L A N D. 423 

a Remedy for his Horfe or Ckttle, if detained, and a„,^, charreti. 
;ione for his Body thus indefinitely imprifoned ; for 162 8. 
a PrirQn» without a prefixed Time, is a Kind of 
Hell. 

* The fixth and lafl: Argument is, A Finei and 
fapiens tncipit a Fine ; and he wilh'd he had begun 

there alfo. This Argument he made threefold. 
' Jb homfto. This being lefs honourable. 

* Ab utilu This being lefs profitable. 

* A tuto. This Imprifonment, by Will and 
Pleafure, being very dangerous for the King and 
Kingdom. 

1.^ Ab honejlo. It would be no Honour to a 
King or Kingdom, to be a King of Bond-Men or 
Slaves ; the End of this would be both Dedecus (f^ 
Damnum^ both to King and Kingdom, that in for- 
mer Times hath been fo renown'd. , . 

2. Ab utilL It would" be again ft the Profit of 
the King and Kingdom^ for the Execution of thofe 
Laws before remembred, Afo^/^ Charta, 5, Ed- 
ward III. 28. Edward III. 42. Edward III. 
whereby the King was inhibited ,to imprifon upon 
Pleafure. You fee, quoth he, that this was veins 
^erehy an old Qucftion, and now brought in 
again, after feven Ads of Parliament : I fay, the 
Execution of all thefe Laws are. adjudged in Parlia* 
.ment to be for the common Profit of the King and 
People ; and he quoted the Roll, ^ This pretended 
Power being againft the Profit of the King, can he 
no Part of his Prerogative.' ' 

He was pleafed to call this a bmding Reafon, and 
to lay, * That the Wit of Man could not anfwer it ; 
that great Men kept this Roll from being printed, but 
that it was equivalent in Force to the printed Rolls. 

* 3. >f tuto. It is extremely dangerous to the 
King for two Refpedls-, firft, of Lofsj fecondly, 
of deftroying the Endeavours of Men, Firft, if he 
be conunitted without an Expreflion of the Caufe, 
though he efcape, albeit in Truth it were for Trea- 
fon or Felony, yet this Efcape is neither Felony 

. nor Treafon ; but if the Caufe be exprefled for Suf- 
ificion of Treafon or Felony, then the £fcape, 

though 



4%4 TheTarlkimmatyiltsTXBXY 

Aih 4.charie8 1. though tt be innocent, is Trei^a or Fddnjr^ fit 
1628. quoted a Cafe in Print like a Reafon of tte Law» 
Bot like t Remittitur at the rifiog of the Coortf for 
the Prifoner traditur in BalUum^ quod Breve R^i 
nonfaitfuffiiienspaufai u e. the King's Coifimind. 
He quoted another famous QeSeu The Goin- 
mons in Parliament, .mcenfed agaiiift the Duke of 
Buffolk^ deiire be fhould be committed: TheLordi 
and all the Judges, wiiereof thofb great Worthies, 
Frefiat and Fartefcue^ were two, deliyercd a flat 
Opinion, That he ought not to be copiinitted 
without an efpecial Caufe. He queftioncd aifollx 
Name and Etymology of the Writ in Qtteftion, 
Corpus cum Caufa : ErgOy The Caufe maft be 
brought before the Judge, elfe bow can he take 
Notice thereof ? 

' Laftly^ he prcffed a Place in the Gofpel, ABi 
*5. laft Verfe, where Fejtus conceives it an ab- 
furd and uiu-eaibnable Thing, to (end a Prifoner m 
a Roman Emperor, and not to write- along wiifa 
. him the Caufe alledged againft him x Send, there- 
fore, no Man a Prifoner, without his Gaufes along 
with htmj hoc fac ^ viveu And that was the feil 
Reafon, a tuto^ that ic was not fafe for the Kii^ in 
legard of Lois, to commit Men without a Cauie. 
^ The fecond Reafon is, That fuch Cooimit- 
ments will deftroy the Endeavours of all Men. 
Who will endeatrour to employ himfelf in any 
Profeffion, either of War, Merchandife, or of 
•Smy liberal Knowledge, if be be but Tenaat at 
Will of his Liberty ? For no Tenant at Will, will 
fupport or improve any Thing, bccaufe he hath 
no certain Eftate ; ergo^ to make Men Tenants at 
Will of their Liberties, deftroys all Induftry and 
Endeavours whatfoever. And fo much for thefc 
fix principal Reafons : 
AReibfa. 



A minori admajus, w rHonoar.r 

A Remediis. ^. \ Profit. 

From theExtentand Univerfality. o 1 Security. 
From the Indefinitenefs of theTime. *^ ^^ Induftry. 
A Fine. Thefe were his Reafons. 

Hera 



Of ENGLAND. 415 

. Here be made sinother Proteftation, ^ Thatif A«,^.(;hto]iif^ 
Remedy had been given in this Cafe, they would * <i6ft8. 
not have meddled therevirith by no Means; but 
now that Remedy being not obtained in the King's 
Bench, without looking back upon any Thing that 
iiath been done or omitted, they deiire fome Pro- 
vifion for the future only. And here he took Oc- 
cafion to add four Book-Cafes and Authorities all 
in the Point, faying. That if the learned Counfel 
on the other Side, <;ouId produce but one againft 
the Liberties, fo pat and pertinent, Oh! how they 
would hug and cull it. i6. Henry VI. Tit. Mow 
Jtrance de Fatty 182, by the whole Court, The King 
in his Prefence cannot command a Man to be ar- 
-ififtrcd, but an Action of falfe Imprifonment lieth 
againft him that arrefteth : If not the King in his 
Royal Prefence, then none others can do it. JSJon 
fic itur ad AJira. i. Henry VIL 4. Hu//ey re- 
ports the Opinion oi' Markham^ Chief- Juftice to 
Edward IV. th^t he could not imprifon by Word 
oi Mouth } and the Reafon, becaufe the Party hath 
no Remedy ; for the Law leaves every Man a Re- 
medy of caufdefs Imprifonment : He added, that 
Markham was a worthy Judge, though he fell in- 
to Adverfities at laft by the Lord Riven* s Means. 
'Forte fcutiy Chap. 18. Propria Ore nuHus Regum 
ufus e(i to imprifon any Man, ^c. 4. EKzabetby 
(Times blefled and renowned for Juftice and Reli- 
gion) in P/. 435. The Common Law bath fo ad- 
mtofured the King's Prerogative, as he cannot 
pig^udice tx\j Man in his Inheritance ; and the 
gneateft Inheritance a Man hath, is the Liber- 
ty of his PerfoHv for all others are acceflanr to it ; 
for thus be quoteth the Orator, Major liareditas 
vtnit unuuique mjhum^ a Jure £sf Legibus quam a 
Parentibus, 

' And tbefe are the four Authorities he cited in 
this Point ; Now he propounded and anfwercd two 
Gbjrflionsi Firji^ in Point of State; Secondly^ 
in the Gourfe heW by the Houfe of Commons. 

Obj. * May not the Privy- Council commit, with- 
out Caufe Ihcwed, in a Matter of State where Secre- 



42^ 7he Parliamentary Hi s tor t 

An** cutkr ley is required I Would not this be an Hindrance 
'^*** to hb Majefty's Service ? 

AnfuD. * It can be no Prejudice to the King as 
to Matter of State, for the C^ufe muft be of high- 
er or lower Nature. , If it be for Surplcion of 
Treafon, Mifprifion of Trcafon, or Felony, it may 
be by general Words couched ; if it be for aoy o- 
ther Thing of fmaller Nature, as Contempt, and 
the like, tfie particular Caufe mull be fhewed ; 
and no Individuum vagum, ot uncertain Caufe to 
be admitted. 

Obj. ' If the Law be fo clear as you make it, 
why needs this Declaration and Remonftrance in 
Parliament ? 

jfnfiu, • The Subjcft hath in tlm Cafe fued for 
Remedy in the King's Bench, by Habeas C^rpta^ 
and found none; therefore it iis neceflary to be 
cleared in Parliament/ 

Here Sir Edward Coh ended his DKcourfe t And 
then he made a Recapitulation of all ^hat had been 
offered unto their Lordftiips^ That generally their 
X'OrdOiips bad been advifed by the moft ^ithful 
Counfellors that can be^ viz. Dead Men ; tbefe 
can't be daunted by Fpar, nor muzzled by Affeftion, 
Reward, or Hope of Preferment ; and therefore 
your Lordfhips might fafely believe them ; parti- 
cularly, their Lordfhips had three feveral Kinds of 
Proofs, 

* I. A6te of Parliaments, judicial Precedent!, 
good Reafons. Firji^ you have had many antieot 
Ads of Parliament in the Pokit, befides Magna 
Charta; that is, fevenAdls of Parliament, whkrb, 
indeed, are thiriy-feven. Magna Charta being 
confirmed thirty Times ; for fo often have the 
Kings of England given their Royal Aifents there- 
unto. 

2. * Judicial Precedents of grave and reverend 
Judges, in Termini s terminantibus^ that long fincc 
departed the World, and they were many in Num- 
ber. Precedents being twelve, and the Juc%e>» 
four of a Bench, made four Times twelve, and 
♦hit is forty -eight Judges. 

5. 'You 



^ 0/ E N G L A N D. 427 

3. * You have, as he termed thctn, vividas ^- Afi.4^Chailc»lb 
iiones^ manifeft and apparent Reafons* Towarcls *6a*» 
the ConclufioD, he declared to their Lordfliips, 
That they of the Houfe of Commons have, upon 
great Study and ferious Confideration, made a great 
Manifeftation unanimoufly, Nullo contradi^enti, 
concerning this great Liberty of the Subjed ; and 
have vindicated and recovered the Body of this 
fundamental Liberty, both of their Lordfhips and 
themfelves,! from Shadows ; which, fometimes 
of the Day, are long, fometimes fhort, and fome- 
times long again ; and therefore we muft not be ■ 
guided by Shadows: And they have tranfmitted to 
, their liordftips not Capita Rerunti Head$ or Briefs; 
for thefe Compendia are Difpendia ; but the Records 
at large, in Ttrminis Urminantibus.'- And p he con- 
cluded, * That their Lordfhips are involved in the 
fame Danger, and therefore, ex cmgruo tf condign^^ 
they defired'a Conference; to the end their Lord- 
ihips might make the like Declaration as they had 
done, Cmimune Periculum commune requirit Auxi- 
Hum I and thereupon take fuch further Courfe, as 
may fecure their Lordfhips and theip, and'all their 
Pofterity, in enjoying of their antient, undoubted, 
und fundamental Liberties/ 

jfpj'il 8. After the foregcnng Report was 
made^ the Lords took into Confidcration the Bu- 
finefs fent up by the ComnK>ns, touching their an- 
tient Liberties; and, afcer fome Debate, it was 
agreed to hear the King's learned Counfel, the Mor- 
row in the Afternoon, what they could fay on the 
"King's Behalf, relating to the Claim of the Com- 
• ipons againft him, The Arguments made Ufe of r 

by the Attorney General, alfifted by others of the 
King's Counfel, which we find, by the Journals^ 
bfted two Days, are not entered there ; nor arc they 
mentioned by Rujhwprth. What we find in the 
former Authorities, is. That when Mr. Attorney 
Jiad done, the Judges of the King's Bench, apd the 
reft of the Judges in Town were ordered to be fent 
(gr tq tal^e th^ir OpiAions in:tl>is great Affair ; and 

par- 



4^8 Tloe "Parliamentary tti story 

iUk4 Charles I. particularly to declare what the Judgment was in 
i^»8. ti]^ King's fiencb, which the Commons complain'd 

43f. But we (hail leave this Affiur for fome 

Time to return to that Houfe* 

The Colleger acquaints us» that on *the 4lh of 

AfH'ilj the King^s Supply w^s again taken into Con- 

fideration. It was introduced by a Meilage from 

hii Majefly, delivered by Secretary Cooi^ to tbii 

Effeft: 

The Ring's Mef« ^ His M^eily hath again commanded me to put 

^^hafteothec y^u jjj Mind, how the Eyes and Intercft of the 

^^^' « Chriftian World are caft: upon the good or ill 

* Succels of this Aflembly. He alfo gracioufly ta- 
^ keth Notice of that which is in Agitation amongt 

* us, touching the Freedom of tJiir Perfons, aid 
« Property of our Goods : Attd that this : partica- 

* lar Care (which he no way mifliketb) may not 

* retard our Refolution for the eeneral Good, he 
< willeth us chearfully to proceed in both, and fio 
« exprefs our Readinefs to fqpply his great Oca- 

* fions; upon Aflurance that We fliall enjoy all 

* our Rights and Liberties, with as much FreoioBi 

* and Security in his Time, as in any Age bereto- 

* fore, under the beft of our Kings : And whether 

* we fhall think fit to fecure ourfelvea herein, by 

* way of Bill or otherwifc, fo as it be provided for 

* with due Refpeft of his Honoui- and' the Public 

* Good, (whereof hedoubieth iwt but that we will 

* be careful) he piromifeth, and afiureth you, that he 

* will give Way unto it ; and the more Confidence 

* you {hall fhew in his Grace and Goodnefs, the 

* more you (hall prevail to obtain your Defiles.' 

PtiKitc thereon. Hereupon Sir Binjamin RuJfyurd {pckt as fol- 
low? [a) : 

* The Dangers and Neceflities of our prefent 
State, Mr. Speaker^ are fo obvious to every Maii*s 
Eye and Underftairding ; and therefore fo well 
known, as to make a large and particular Rehear- 
lal of them would rather aftonifli our Judgments, 

than 

(a) Omitted in K«/^«wrf i&,<— Taken from » Mannfcript in the 
l-hrkyan Library. 



Of E N G LAND. 415) 

tlian rcfrefli our Memory : Wherefore, in (hori and An. 4. charks u 
in grofs, I will only refleft on thedefperate Con- '^»8* ' 
dition of the King's Uncle, the King of Denmark ;, 
engaged from hence, (even to the Hazard of his 
own Kingdom, in the Quarrel of that Royal and 
gallant Lady his Majefty's SillerJ for the Recovery 
of her and her Children's Patrimony, with' the Pre- 
fervation and Rc-eftabli(hment of our Religion in 
thofe Countries: So that the King is bound in Na- 
ture, in Policy, and in Religion, to relieve and affilt 
both the Perfons and the Caufe to the utmoft of 
his Power. 

' Believe it, Mr. Speaker, the Hinge of moft 
of the Bufineflfes moved in Chriflendom turn on 
the Affairs of Germany : For, if that great Body 
were once united under one Head, it would cruih 
all the reft with the Weight of it. 

* Next let us look a little over into France : There 
(hall we find the poor Men of our Religion, expo- 
fed to the Fury of an inraged.King 5 with a jufter 
Pretence againft them than hath been at any Time 
heretofore : Befides, which is worfc, the Kings of 
Spahi and France are united againft them and us, 
and made better Friends than ever they meant to 
have been : So that, not to fuccour and fupport the 
Profeflbrs of our Religion, will not only be Infi- 
delity and Cruelty, but Improvidence and Folly i 
for iheir III i^ ours. 

. * If Rcchel fhould be loft, which is now in lo- 
fing, and hb Majcfty not able to fct out one Ship 
to help it ; if it Ihoulibe loft, it would hazard the 
total Extirpation of the Religion ; befides, it would 
be an extraordinary Advantage to the King of 
France for Shipping, and as great a Difadvantage 
to us in refpeft of his Ndghbourhood : And if the 
Seund (hould be loft loo, how {hou)d we efcapjs from 
being fwallowed up by a Spanijh Jnvafion? This 
liland would be more like a Prifon than a Kingdom, 
for we fliould not then be able t^ walk abroad.' / 

' Thefe are Dangers too many, yet have I wiN 
lingly abridged ihem.s for I had ratjier come to the ^ 

Re- 



43^ 1^^^ 'Parliamentary Hi^TOt^r 

Aa.4* (Varies LRemedy^ and fo fliould we all: Xhisconfifts onlf 
ifea*. in Money, plentifully and fpeedily brought in, 
wifely and judicioufly laid out. I doubt not but 
we arc all refolved togive: Wherefcwe, Mr. Speaker, 
let us prepare ourfelves to give plentifully to fatisfy 
the Public Occafions, and to heave *his Majeftyout 
of Neceffitv ; for Neceffity is the worft Counfcl- 
lor, and I mall be very forry that we, of all others, 
(hould be guilty of placing fuch ill Counfel about 
the King : And now to think of fparing, when all 
lies at the Slake, were the moft undoing Kind of 
Frugality. 

' Let us give fpeedily ; for Delay is the greateft 
Danger of all Dangers : It will not only lofe that 
which we give, but that alfo which we would give. 
And this I propound, not as the King's Bufincfs, 
but our own, wherein every Man in this Houfe 
hath particular Intereft ; if his Fortune, his Life, 
his Religion, be any Thing unto him. Neither 
fpcak I this to divert the great Bufinefe in Hand, 
but to haften it ; for I love as well, Mr. Speaker, 
to tread upon EngUJh Ground, as any Man here 
doth.'' 

* Mr. Pymm, * In Bufinefs of Weight, Difpatch 
is better than Difcourfe : We came not hither with- 
out all Motives, that can be, towards hb Majeftyj 
had he never fent in this Mcffage : We know the 
Danger of our Enemies ; we muft add Expedftioa 
to Expedition ; let us forbear Particulars. A Alan 
in a Journey is hindred by afking too many Que- 
ftions. I do believe our Peril is as great as can be ; 
every Man complains of it, and that doth encou- 
rage the Enemy. Our Way is t!o take that which 
took away our Eftaies ; that is, the Enemy : To 
give fpeedily is that which the King calls for. A 
Word fpoketi in Seafon is like an Apple of GoJJ Jet i/t 
Figures of Silver ; and Aftions are more precious 
than Words. Let us haften our Refoiutiona to 
fupply his Majefty.* 

rivcSubGdies Hereupon, after fome Debate, the Commons 
came to this unanimous Refolve, That Five Subft^. 

dUS 



Of EN G L A N D. 431 , 

Ha he given to his Majefty: And Mr. Secretary An,4.charicslg 
Cooi was appointed to acquaint his Majefty with '6*^ 
the Refolution of the Houfe. 

Jprilj. Mr. Secretary Cooi reported to the Houfe 
the King's Acceptance of the Subfidiesj * and that 
his Majefty was pleafed to alk, By bow many 
Voices they were gained? I faid. But by one. His 
Majefty afked. How many were againji him? I 
faid, None ; for they were voted by one Voice ^ and 
one general Con fent His Majefty waV much af* 
fefted therewith, and called the Lords in Council ; 
and there I gave them an Account of what had 
palled : Befides it gave his Majefty no fmall Con- 
tent, that altho' Five Subftdies be inferior to his 
Wants, yet it is the greateft Gift that ever was ' 

given in Parliament; and now he fees, that with 
this he fhall have the AfFedtions of his People, 
which will be greater to him than all Value. He 
faid^ He liked Parliaments at firjiy yetfince^ {be 
knew not bow) he was grown to a Dijiafte of them \ ^ ""^^^ ^^ 
hut was now where he was before \for he loves them^ great SatSwc- 
and Jhall rejoice to meet with his People often, tion, 

* [h) That this Day he had gained more Reputation 
in Chriftendom, than if he had won many Battles. 
And to fecure our further Fear, and to create fur- 
ther Confidence, he aflureih us, that we (hall 
enjoy as great Immunities in his Time, as ever 
we did pollefs, or had, under the Reign of any the 
beft Kings of this Realm/, 

Mr. Secretary at the fame Time acquainted the The Duke of 
Houfe, that upon his informing the King of their Buckingham't 
giving of Five Subfidies-, the Duke of Buckingham ^""g'f "J«cry 

11 ^' J t--* . ir 1 • a* • /I ^ 1 r^ 1 Speech to the 

addrelied himlelf to his Majefty, at the Council- King, ontiut 
Table, as follows: Occ.non, laH 

^ bcfpre the Coow 

SIR, '"'^^^• 

* Ty^Ethinks I now behold you a great King; 
' JlVJL for Love is greater than Majefty : The 

* Opinion that the People lov'dyou not, had al- 

•• moft 

{b) The laft Pafagraph is fippUed from Sir Joif Napur\ Ma- 
fMiicripU 



Aa.4*ChirIe9l 
1628. 



43 2 7he Parliamentary Histokt 

rooft loft you in the Opinion of the WoHil 
but this Day makes you appear as you 8re,a^' 
rious King, loved at hoine> and now tote i»| 
ed abroad. 

* Thfa falling out ft) happily, jgive meLoieill 
befecch you, to be an humble Suitor to yourlfr 
jefty : Firft, for myfelf, that I» who taveWl 
the Bonout to be your Favourite, may now BR 
up that Tiile unto them ; they to be youiR 
vourites, and I to be your Servant. My feccBl 
Suit is. That they having done all fo well, joo 
will account of them all as one ; a Body of na- 
ny Members, but all of one Heart. 

' Opinion might have made them difleir, ta 
AfFedion did move them all to join with lib 
Love in this great Gift; for the Proponion, i' 
tho' it be lefs than your Occafions may aft, yet 
it b more than e\er Subje&s did give in fo fcotl 
a Time ; nor, I am perfuaded, will it reft thmi 
for this is but an Earneft of their AfFeiftions, to 
let you fee, and the World know, what SubjcflJ 
you have, that when your Honour, and the 
Good of the Slate is engaged, and Aid a&ed in' 
the ordinary Way of Parliament, you cannot 
want. 

* This is not a Gift of Five Subjidies alone, but 
the opening of a Mine of Subfidies that Kcth in 
their Hearts. This good Beginning hath wrought 
already thefe EfFeds; they have taken your 
Heart, and drawn from you a Declaration that 
you will love Parliaments. And again Uiis will 
meet, I make noQiieftion, wiiji fuch Refpeft, that 
their Demands will be juil, dutiful, and moderate j 
for ihty that know thus to give, know well what 
is fit to afk. Then cannot your Majefty do leS 
than out go their Demands, or elfe you do le6 
than yourfelf or them ; for your Meflage begot 
Truft ; their Truth and your Promifes mult 
then beget Performances. This being done, then 
fliall I, with a glad Heart, behold this Work as 
well ended as now begun \ and then fhall I hope 



* 0/ EN G L A ND. 433 

^ Parliaments fball be made hereafter lb frequent, An. 4. CbarletL 
by the Eftedls and good Ufe of them, as they '^*^* 
fliall have this further Benefit, to deter from apt 
• proaching your Ears all Projeftors and Introdu- 
^J cers of Innovations, as Difturbers both of Church 
f ^ and Common- Wealth. 

* Now, Sir, to open my Heart, and to eafe my 

Grief, pleafe you to pardon me a Word more. 

^ 1 muft confefs I have long lived in Pain ; Sleep 

hath given me ho Reft ; Favours and Fortunes 



■Hi. 



no Content ; fuch have been my fecret Sorrows» 



'^1 



'^ to be thought the Man of Separation, that divi- 
V^ ded the King from his People, and them from 
1^ him ; but I hope it (hall appear they were fome 
[*• miftaken Minds, that would have made me the 
^ • evil Spirit that walketh between a good Mattel^ 
*P * and loyal People, by ill Offices ; whereas, by 
^ * your Majefty's Favour, I fhallever endeavour to 
■" • approve myfelf a good Spirit, breathing nothing 
but the beft Services to ihem all. 

* Therefore this Day I account more blefied to 
me than my Birth ; to fee myfelf able to ferve 
them i to fee you brought into Love with Parlia- 

•' * ments ; to fee a Parliament exprefs fuch Love 
^ to you : And God fo love me and mine, as I joy 

S * to fee this Day !' 

i_ 

■ Mr. Secretary Cooi^ alfo at this Time, repeated 
n the Subftance of the King's Anfwer to the Petition 
f of both Houfes concerning Ricufants^ purfuant to ' 

his Majefty's Order {c). 

This being done, Sir John Elliot flood up and 
fpoke as follows [d): 

* I prefume we have all received great Sati3faaion,,j^j^j^ .^ ^^^^^^ 
from his Majefty, as at other Times, fo now in hised by Sir joha 
gracious Anfwer and Refolution for the Bufinefs of Elliot. 

this Houfe ; his Anfwer to our Petition for Reli- 
gion fo particularly made; his Refolution in that 
Vol. VII. E e other 

(c) Sec before, p. ?19'« ^ * i. u %# 

(d) From the EJ>bemerh Parliamrnfaria , amt&ca bv toe Ma« 

Cttfcript, Thcrfr is only aa Abftra^ of it ia Mufra/ortk, 



434 T^^^ Parliamentary His tort 

An. 4 Charleii.orher ConfideratioH concerning the Points, already 
*^*'* fettled here, in Declaration of our Liberties ; ai^ 
for the Parliament in general; that he hath taken 
fo good a liking to our Manner of Proceeding, as 
it hath gained his Promife therein to meet us often ; 
whereby I am confident, as of his Grace to us, ib 
of pur Loyalties, that to thus good a Beginning 
we (hall add fo happy a Conclufion, as (hall in- 
creafe that Liking and good Opinion in bis Majefty ; 
:ind from henceforth make him more and moie in 
Love with Parliaments. 

* As thus in general, fo in my own pirticolar, 
I receive fo great Satisfaction herein, that I have 
not Words enough fufficiently to utter k. And 
yet, I confefs, that Extremity of Joy is not with- 
out Trouble, which muft likewife be declared ; lo 
difburden this Affcftion which cannot, cHfcrwife, 
fo lively and fo faithfully, exprefs my Devotion to 
the Service of this Houfe, as I had refolved. 

' I know not by what Fatality or Tnfortunityit 
has crept in ; but I obferve, in the Clofe of Mr. 
Secretary's Relation, Mention made of another in 
Addition to hisMajefty; and that, which hath 
been formerly a Matter of Complaint, I find here 
ftill ' A Mixture with his Majeiiy, not only in his 
Bufmefs, but in Name. Is it that any Man con- 
ceives the Mention of others, of what Qijality fb- 
ever, can add Encouragement or Affe<5iion to us, 
in our Duties and Loyalties towards his Majefty ; 
OT give them greater Latitude or Extent than na- 
turally they have? Or is it fuppofed, that the 
Power or Interelt of any Man can add more Rea- 
dinefs to his Majefty, in his gracious Inclination 
towards lis, than his own Goodnefs gives bim \ I 
cannot believe it. -^ — And as the Sweetnefs and 
Piety of his Majefty, which we have in Admira- 
tion* make me confident in this ; fo the ExprelBon 
of our Duty, fo perfpicuous and cickt as alieady 
hath been given, is my Afllirance for the oiHcr. 

* But; Sir, I am forry there js Occafion il-.ac 
thefe Things fliould be argued ; or this Mixture, 

which 



Of E N G L A N D. 435 

which was formerly condemned, fhould appear'An«4Ciiaricsl. 
again* I befeech you, Sir, let it not be hereafter ^ "*^*^* 
let no Man take this Boldnefs within thefe Walls, 
to introduce it ; . though, I confefs, for my own 
particular, I ihall readily commend, nay, thank 
that Man whofe Endeavours are applied to fuch 
Offices as may be advantageable for the Public ; yet 
in this Manner, fo contrary to the Cuftoms of oar 
Fathers, and the Honour of our Times, as I can- 
not, without Scandal, apprehend it j fo I cannot, 
without fome Charafler or Exception, pafs it. 
And therefore Idefire that fuch Interpofition may 
be let alone ; and that all his Majefty's Regards 
and Goodnefles, towards this Houle, may ipring 
alone from his Con&dencc of our Loyalty and 
AffeSions. 

* Now let us proceed to thofe Services that con- 
cern him; which, I doubt not, in the End i will 
render us fo real unto him, that we {hall need no 
other Help to endear us to his Favour/ 

Although it isexprefsly faid before, in Ru/hworib^ 
that the Commons voted a Supply qf five Subfidies 
on the 4th of Jpril; there is not one Word of it 
mentioned in the Journals^ till feveral Days after ; 
The Houfe.fecming to be bufy in preparing their 
Petition of Eighty which, they were refolved, ^ 

(hould go Hand in Hand with the other. Arid, 
it fecms very probable. That no fuch Vote was 
yet paflcd, by what follows in the Colle^ions^ wWch 
now, exadtly, coincides with the Journals of iha 
Commons. 

Jpril the loth, Mr. Secretary C^^f delivered this J^^ King's Mef- 
Meilage from the King, ' That his M^jefty defi- c^'^ts'lt'!:: 

* red this Houfe not to make any Recefs thefe maio; any I^^e^ 

* Eqfter Holidays ; that the World may take No- ^t'Ea^^". 
' tice, how earneft his Majefty and we are for the 

* Public Affairs in Chiriftendom, which, by fuch 

* a Receis, would receive Interruption.* 

This Meflage for Non-Rccefs, was not well Debate thereon, 
plealing to' the Houfe: Sir Rsbert Philips' firft rc- 

£ e 2 lented 



43^ TheTarliameutaryHiyroM 

AD.4.0jaricsi.fented it, and took Notice, * That in I2th 
*623. 1 8th y^r. upon the like Intimation, the HoufeR- 
folved it was in their Power to adjourn or k 
Hereafter, faid he, this may be put upon us If 
Princes of lefs Piety. Let a Committee corfir 
hereof, and of our Right herein, and make i De- 
claration.' Accordingly this Matter, toucbingli 
Majefty's Pleafure about the Recels, was rcfcwl 
to a G)mmittee, who were to confider the Powo 
bf the Houfe to adjourn itfelf ; to the End, thafi 
being now yielded unto in Obedience to hb Ifr 
jefty, it might not turn to Prejudice in Time to 
come. 

Sir Edward Coke. • I am as tender of thcftj- 
vileges of this Houfe as my Life ; and they arclte 
Heart-Strings of the Common- Wealth. Tta 
£Ling makes a Prorogation, but this Houfe adjooitf 
itlelf. The Commiflion of AdjouVnment wew 
Ver read, but fay, This Houfe adjourns itfe^. H 
the King write to an Abbot for a Corod^j for i 
Valet^ if it be ex Rogatu^ though the Abbot yicl* 
to it, it binds not. Therefore, I defire that it be 
entered, that this is done ex Rogatu RegisJ 

Hereupon a Meffage wasfent to the King, That 
the Houfe would give all Expedition to his Majef- 
ty's Service, notwithftanding their Purpofe of Re- 
cefs. To which Meffage, his Majefty returned 
this Anfwer, That the Motion proceeded from 
himfelf, in regard of his Engagement in the Affairs 
of Chriftendom ; that he wiflied them all Alacrity 
in their Proceedings, and that there be no Reeds 
at all. 

Tttitber Debate The ncxt Day, Secretary Cook moved the ex- 
«A t^ Suppi). pediting of Subfidies^ and turning of the Votes into 
an Aft : * We have many Pentions to the King, 
faid he, and they are Petitions of Right. Wc have 
' freely and bountifully given Five Subfidies^ but no 
Time is appointed ; "and Subjjdy without Time is 
no Suifidy : Let us appoint a Time/ 

Sir Dudley Diggs. * We have freely concluded. 
•Uf tibertics -, we hAVe offered Five Subf:d:es ; his 

- Miijefly 



0/ E N G L A N D. 437 

m 

^jefty hath given us gracious Anfwers ; we have An- 4- Chariw 

• bad Good by our Beginnings : What have we hi- * * ' 

i ^lerfo dpne for the King? Nothing is done that 

^ ^he King can take Notice of. The World thinks 

j tfiat this Parliament hath not exprefled that Refo- 

i Iwtion that'it did at firft. How much doth it con* 

I ccrn the King, that the World be fatisfied with His 

I Honour? Our Succefs and Honour is the King's. 

I Princes want not thofe that may ingratiate them- 

I fclves with them, by doing ill Offices. There is 

I a Stop ; and never did a Parliament propound any 

Thing but it hath been perfefted fooner than this 

is. May not the King fay. What h?ve I don^ ? 

They grow cold. Have I not told them, I will 

. proceed with as much Grace as ever King did ? 

Jle will fettle our Properties and Goods. Have 

we nojt had a gracious Anfwer. Are we Hand in 

' Hand for his Supply ? Shall it be faid that this Day 

it was moved, but denied ? It may put our whole 

Bufineftback: Wherein can this difadvantage usf 

I dare fay, confidently, we fliall have as much 

Favour from his Majefty as ever any Subjects had 

from their King,* 

Sir Thomas Weniworth. * When we fet down 
the Time, let us be fure the Subjefts Liberties go ; 
Hand in Hand together j then to refolve of the 
Time ; but not report it to the Houfe, till we have 
a Ground, and a Bill for out Liberties : This is 
Ihe Way to come oflF fairly, and prevent Jeafou- 
fies.* 

Hereupon, the Committee of the whole Houfe 
refolved. That Grievances and Supply go Hand in 
Hand. 

April the 1 2th, Mr Secretary (7<w^ delivered a-^„^,j|,g^j^^flj 
nothcr Mcflage from the King, viz. (0 ' His from the Kin 
Majefty, having given timely Notice to this Houfe, *« hai^enit. 
as well of the Preflurc of the Time, as of the Ne- 
ceffity of Supply, hath long fince cxpedled fomc 
Fruit of that which was fo happily begun ; but 

£ e 3 finding 

(e) From Sir John NapterU Mafivrcf ipt : The Faflagn ia Crt« 

chctt ^re omitted in Rufiwortb^ 



43^ ^^^ ^^rffamntayy HrsTORT 

An,4.chtrlesl.findiDg a Stop beyond all Expefikation [n{^ befini 
'6a8. ^11 Example] after fo good Beginning, he hsub 
commanded me to tell you. That, without^any 
further or unneceffary Delay, he would have you ta 
proceed in bis Bufinefs ; for, however^ he hath 
been willing that his Affairs and ours ihould con- 
cur and proceed together; yet his Meaning was 
not, that the one (hould give Interruption to the 
other ; nor the Time to be fpun out upon any Pre- 
tence, [to binder that Refolutiori] upon which the 
common Caufe of [this Kingdom, andeveuj rfaS] 
Chriftendom doth fo much depend : He bids us, 
therefore, take Heed, that we force not him [hf 
our tedious and unnecejfary Delays^ to make an un- 
pleafing End of that which was fo well begun. 

* I will difcharge my Duty. 1 humbly dc*- 

fire this honourable Houfe, not to undervalue or(> 
verftrain this Meflagej if we conceive any Thing 
in it to tend, as if his Majefty threatiened to dif- 
folve this Parliament, we are deceived ; his Ma- 
jefty intends the contrary; and to put us in focha 
Way, that our Bufinefs may have fpeedy Saccefc 
His Majefty takes Notice of a peremptory Order, 
whereby he conceived, that his Bufinefs was exdur 
ded,at leaft foraTimc; and that which dothmw 
prefs his Majefty is Time : Believe me the hSm 
now in Hand prefs his Majefty's Heart more than 
us; Let us remove Delays that are more than nc- 
cefiary ; let us awaken ourfelvcs ; he intends a 
fpeedy Difpatch. I muft, with fome Grief, tell 
you, that Notice is taken, as if this Houfe. jM^eflfai 
not only upon the Abufes of Power, but upon 
Power itfelf ; this toucheth the King, and us who 
are fuppon^d by that Power : Let the King hear 
of any Abuf s of Powet ; he will willingly hear us ; 
and let us not bend ourfelves againft the Extention 
of his Royal Power, but contain ourfelves within 
thofe Bounds, that we meddle only with PrelTurcs 
and Abufes of Power ; and we (hall have the bcft 
Satisfaflion that erer King gave. I befeech you 
all to concur this Way, and ufe that Moderation 
we have not had the Honour yet to gain/ 

Being 



Of E,N GLAND., 43^ , 

Being moved to explain what he meant by theAii.4,chtr;eti. 
"Woxi Pwo^r^ which, he faid, wedidoppofe; he' '^* 
ahfwered, ' I cannot defcend to Particulars, or go 
from that his Majefty gave me Warrant or Power 
to deliver/ 

This Meflage was very unpleafing to the Houfe,'Dgi,jtgjjj„^g^ 
and many Debates fucceeded thereupon. 

Sir Robert Phillips faid, ' He hoped their Mode- 
ration would have given his Majefty a right Un- 
derftanding of their Loyalty.' 

Others proposed to find out a Way, by God's ' 
Providence, to make this Meflage happy to King 
and People. It concerns the King^s Honour abroad^ 
and our Safety at home, that this Parliament be 
happy : * Let us prevent, f^id they, thefe Mifchiefs, 
which, by frequent Meflages, thus obftrudl us: 
Let thbfe Gentlemen near the Chair fee, that we 
have endeavoured to apply ourfelves to his Majef- 
ty's Service, notwiihftanding this Meffage. la 
the 1 2th Jacobin aMeflageofthis Nature produced 
no Good : Nothing fo endangers us with his Ma* 
jefty,'as that Opinion that we are Anti-monar- 
chically afFefted j whereas fuch is, and ever hath 
been our Loyalty, if we were to chufe a Govern- 
ment, we {hould chufe this Monarchy of England^ 
above all Governriients in the World/ 

Mr. Secretary C^^i again. * All Negociations of 
Ambafladors are at a Stop while the Houfe fits; 
this Stop is as a Froft upon the Earth, that hinders- 
the fweet Vapours between his- Majefty and hi^ 
SubjeSs; and as Matters ftand, the Soldiers can 
neither be difbandeJ, nor put in Service.' 

Mr. Wandesford, * This Motion cpmes unex- 
peftcdly, but it is fit to receive fome Saiisfadion : 
The proceeding now with our Grievances will 
open the Stop that hinders his Majefty 's Affairs.* 

Sir Humphrey May. * Sweetnefs, Truft, and 
Confidence are the only Weapons for us to deal 
with our King : Col Inefs, Inforccment, and Con- 
ftraint will never work our Ends : If we compafs 

all 



440 TheTarHamentaryUvsroxr 

Aii.4.chark8i.all We dcfirc, and have not his Majefl:y*a Hcarti 
ii6aa. what Good will a Law or any Thing clfe do osi* 
Sir Thomas IVentwortb {f). * I cannot bdp fa- 
jnenting the unlawful Couries and SUght^ for 
which the only Excufc is, Ncceflity. 

* We are required to give; but, before we can 
refolve to give, it muft be determined what wc 
have to give ; what heavy Fogs have of late darken- 
ed our Hemifphere, and yet hang ovqjr us, porteod- 
Sng our Ruin, none is fo weak as to be ignorant 
of. What unileady Courfes, to dlfpel tbefe MiBs, 
have been purfued, and thereby raifed near us great 
Storms, I take no Pleafure to remember : Yet, in 
all Bodies difeafed, the Knowledge precedes tbe 
Cure. I will (bortly tell the Principals ; next tiMnr 
Remedies. I muft reduce them into two Hevls: 
One, whereby our Perfons have been injured ; the 
other whereby our Eftates have fuffered. Our Per- 
fons have been injured, both hy Imprifonment 
without Law j nay, againft Law, boundlefi and 
without Bank j and by being defign'd to feme Of- 
fice, Charge, and Employment, foreign or dome- 
file, as a Brand of Infamy and Mark of Difgrac& 

* Oh ! Mr. Speaker, when it may not be fafe CO 
deny Payments upon unjuft Exa£tions»but we moft 
go to Prlfon* for it ; nor, in this Place, to fpcak 
our Confciences, but we muft be ftamped to on- 
willing and unfitting Employments ! 

^ Our Eftates have been racked two Ways ; one 
in the Loan, wherein Fivi Subjidies were exadted-; 
and that by Commiflion of mtn of Quality, and 
Inftrudlions to profecute the fame with an Afperity 
which no Times can parallel. And hence the other 
Confideration, of the Projedlors and Executiooers of 
it : Nay, this was not all, but Minifters, in tb^ Pul- 
pits, have preached it as Gofpel, and damn*d the Re- 
fufers of it ; fo then we are already doomed to Data- 
. nation ! The fecond Way wherem our Eftates liaK 
fuffered, hath been, and yet is in being, by billeting 
of Soldiers in moft Counties in this Kingdom. 

* Thcfc 

(f) This S^ech is not i« any of the printei) Book* t And we 
cive it upon tbe Autboritjf of a KJanufcript in-thc Uar/dan JUhmy* 



Of E N G L AND. 441 

•^ Thefe rough Ways lead neither to the King's An.4.ch»fc« • 
Profit, nor die Kingdom's Safety : The former may "^*8. 
appear by the Emptinefs of the Exchequer, and Sale 
of the antient Crown-Lands : The latter by the 
imminent and deep Dangers that are ready to fwal- 
low us up : But I take no Pleafure in touching thefe 
Strings. 

• I conclude with this Motion, That we naraca 
Committee to confult on thefe Grievances, and to 
digeft them, moderately, difcreetly, and truly, into 
an humble Petition ; and let no Man diftruft bb 
Majefty, or judge this Way a Break-neck of Par- 
liaments ; but a Way of Honour to the King, nay 
of Profit ; for, befides the Supply which we fhall 
readily give him fuitable to his Occafions, we give 
him our Hearts. Our Hearts, Mr. Speaker, a 
Gift that God calls for, and fit for a King.' 

Hereupon it was ordered, * That a fpccial Com- 
mittee of ten Members do, prefently, withdraw 
themfelves, and confult together upon fomc Heads, 
and upon the Subilance of a fair Reprefentation to 
his Majefty ; which the Speaker (hall deliver in his 
Speech to his Majefty, on Monday next, if the King 
pleafe to give Accefs ; and at the fame Time to de- 
liver the Petition ^gainft billeting of Soldiers.' — • 
This was done accordingly, and, upon the Repoit, 
agreed to by the Houfe, as follows : 

Ttbi Instructions ^f th Commons U tbelr 
Speaker, in anfwer to the KingV Messaok. 
if th0 nth of hi^xWp by Secretary Cook {g). 

t. rriHAT It is the antient Right of Parliament 
Jl, to difpofe of Matters, there debated,, in 
their own Method. 

II. ' That it is their antient Cuftom, to confi- 
derof Grievances before Matters of Supply. 

III. * That yet neverthelefs, in this Parliament, to 
cxprefs our AfFeflion to his Majefty, contrary to our 

or- 

(g) Thcfc are onutted in Rujhwortb, and in the Journals j but 
«re fupplied from the Herleian Manufcn^t before mentioned. 



44 a 73&^ Tatliamefitary History 

Aa.4.Chtrles I. ordinary Proceedings, we have proceeded in the 
i5»8. Supply, as far as we could, in that Committee. 

IV. * This we have been fo far from delaying, 
that, poftponing t^e common and preffing Grievan- 
ces of the Nation, we have given Precedency to 
the Supplv ; joining with it only the fundamental 
and vital Liberties of the Kingdom, that give Sub- 
fiftance to the Subjeft. 

• V. • Further to exprefi the Fulnefs of our Loyal- 
ty and AfFedtion to the King, we have exceeded 
our Order in that Particular concerning the Supply ; 
which, tho' later in Propofition, yet hath been firft 
made ready for Conclufion in the Committee. 

VL * No Perfon or Council can be greater Lo- 
vers of, or more careful to maintain, the facrcd 
Rights and Prerogatives of the Crown than wc: 
And we do conceive, that the maintaining of rhe 
fundamental Rights and Liberties of the Subjefl is 
an eflential Means to eftablifli the Glory of a Mo- 
narch ; and that by it his Subjedls are the better 
enabled to do him Service ; which hath been for- 
merly the Caufe of many glorious Vi6^ories won 
by this Nation, above other Kingdoms of larger 
Territories, and greater Number of People. ^ 

VIL ' What Information is given to his Ma- 
jefty contrary to this, doth proceed from fuch Per- 
fons as, to ferve their own Ends, under Colour of 
advancing his Majcfty's Prerogative, do, in Faft, 
weaken the Royal Power. 

VIIL * We truft to be cleared In his Majefty's 
Judgment, that there hath been no unneceflary Stop, 
but a moft chearful Proceeding in the Matter of 
Supply : And therefore we do humbly defire that 
his Majefty will take no Information, in this, or 
any other Bufinefs, from private Relations ; but to 
judge of our Proceedings by fuch Refolutiohs as^ 
Ihall be prefented to his Majefty from this Hoiife. * 

IX. ' Being thus rightly and gracioufly under^ 
ftood, we aflure ourfelves that the End of thisPar- 
Hament (hall be more happy than the Beginning/ 

In 



Of E N G LAND. 443 

In purfuance of thcfe Inftruftions the Speaker A"« 4- Chtrteii* 
introduced the Petition of the Commons to the ' 
King, relating to the billeting of Soldiers, with the 
following Speech, on the 14th of Jpril^ being 

Eafler- Monday. 

Mojl Gracious and Dread Sovereign (h)^ 

Our dutiful and loyal Commons here aflem-The Speaker's 



Y 



bled, were lately humble Suitors to your^P5**=** *° ^^ 
Majefty for Accefe to your Royal Prefence: the^^J^gX p^il- 
Occafion tliat moved their Defires herein, wasation againft biu 
Particular of Importance, worthy your princely^^"*"8 ^ Soidu 
Confideration ; and which, as it well defei'ves j *"* 
fhould have been the only Subjedl of my Speech 
at this Time. 

' But fince your gracious Anfwer for this Accefs, 
obtained by a Meflage from your Majefty ; they 
have had fome Caufe to doubt, that your Majefty 
is not fo well fatisfied with the Manner of their 
Proceedings, as their hearty Defire is you fhould 
be ; efpecially in that Part which concerns your 
Majefty*s prefent Supply, as if, in the Profecu- 
tion thereof, they had ufed fome Slacknefs or 
Delay. 

* And, becaufe no Unhappineis of theirs can 
parallel witlx that which may proceed from a Mif- 
underftanding in your Majefty of their clear and 
loyal Intentions, they have commanded me to 
attend your Majefty with an humble and fum-» 
mary Declaration of their Proceedings, fince this 
fhortTirae of their fitting; "which they hope will 
give your Majefty abundant Satisfaflion that ne- 
ver People did more truly defire Iq be endeared 
in the Favour and gracious Opinion of their So- 
vereign ; and withall to let your Majefty fee^. 
that as you can have no where more faithful 
Counfel, fo your great Defigns and Occafions 
can no way be fo fpeedily or heartily fupported, 
as in this old and antient Way of Parliament. 
' For this Purpofe they humbly iritreat your 
Majefty to take into your Royal Confideration, 

* that 

(h) From Rujhwortb, corrc^ed by the Manufcnpt. 



ila.4'C!urktI 



444^ TbeTdrtiamnfary HjsTOJLY 

that, altho' by antient Right of Parjiam^m. *e 
Matters there debated are to b^ digefted io their 
own Method and Order; and that their conftant 
Cuftom hath been, to take into their Confidefa- 
tion the common Grievances of the Kingdom, 
before they enter upon the Matter of Supply ; 
yet to make a full Expreflion of that Zeal and 
Affeftion which they bear to yoqr Rpyal Perfon, 
equalling at leaft, if not exce^ipg the beft Af- 
fcdlions of their Predeceflbrs to the beft of your 
Progenitors ; they have in thb Aflembly, con- 
trary to the ordinary Proceedings of Parliament, 
given your Majefty's Supply Precedence before 
the common Grievance of the Svibje^l, how jpref- 
fing foever; joining with it, only, thofe funda- 
mental and vital Liberties of the Kingdom, whkh 
give Subfiftatice and Ability to your Subjefts. 

* This was their original Order and Relblution; 
and was grounded upon a true Difcernmentf that 
tbefe two Confiderations could no(- be feared i 
but did both of them equally concern your Ma<* 
jelly's Service ; confilling no leis in enabling and 
encouraging tlie Subjed, than in proportiooiog a 
Prefent fuiting to your Majefty's Occa^ons arrf 
their Abilities: Nay, fo far have they been from 
^uling any unneceflary Delays* that tho% of the 
two, the Supply were the later Propofidofi ajpoogft 
them, yet the Grand Committee to which both 
were referred, hath made that firil rcjuiy for Con* 
cluficm. 

^ And to be certain that your Majefty^s Supply 
might receive no Interruption by the otherj they 
have, differing from Ufage and Cuftom (in Oife* 
of this Nature) fcnt up, of thofe that concern the 
Subjedk, by Parcels, fome to ypur Majefty, and 
fome to the Lords; to the End your Msjcfty 
might receive fuch fpeedy Content, as fuited with 

5 the largeft and beft Extent of their firft Order, 

* Sir, you are the Breath of our Noftrilst and 

• the Light of our Eyes ; and befides thofe many 

• Comforts, which under you and your Royal Pro- 

• genitors, in this Frame of Government, this Na- 

* Gqq 



Of E N G L A N D. 445 

tion bath enjoyed, the very Religion wc profefsAi. 4. Charles i, 
hath taught us whofe Image you are ; and we do s^aS. 
all moft humbly befeech your Majefty to believe, 
that nothing is or ever can be more dear unto us 
than the facred Rights and Prerogatives of your 
Crown : No Perfon or Council can be greater 
Lovers of them, nor be more truly careful to 
maintain them : And the preferving ihofe funda- 
mental Liberties, which concern the Freedom of 
our Perfons, and Property in our Goods and 
Eftites, is an efTential Mean^ toellablifli the true 
Glory of a Monarch. 

• For rich and free Subjefls, as they are bed go*- 
verned, fo they are moft able to do your Majefty 
Service, either in Peace or War ; which, next 
under God, hath been the Caufe of the happy 
and famous Viftories of this Nation, beyond other 
Kingdoms of larger Territories, and greater Num- 
bers of People. 

* What Information foever contrary to this (hall 
be brought unto your Majefty, can come froni 
no other than fuch vls for their own Ends, undet 
Colour of advancing the Prerogative, do indeed^ 
in truth, undermine and weaken the Royal 
Power 5 and, by impoveriflling the Subjeft, r^n* 
der this Monarchy lefs glorious, and the People 
lefs able to terve your Majefty. 

• Havirig (by this that hath been faid) cleared out 
Hearts and rroceedings towards your Majefty ; 
our Truft Is, that, in your Royal Judgment, we 
(hall be free from the leaft Opinion of giving any 
unneceiTary Stop to our Proceedings in the Mat« 
ter of Supply ; and that your Majefty will be 
pleafed to entertain Belief of our Alacrity and 
Chearfulnefs in your Service ; and that, hereaf- 
ter, no fuch Misfortune (hall befall us as to be 
mifunderftood by your Majefty in any Thing, 

* Wc all' moft humbly befeech your Majefty to 
receive no Information, in this or any other Bu- 
finefs, from private Relations ; but to weigh and 
judge of our Proceedings by thofe Refolutions of 
(he fjoufe, that (hall be prefcnted from ourfelves« 

* l^his 






446 The Tariiamentopy HisrOKY 

• This beteg ri^tly and grackmfly underftood, 
we are confident from the Knowledge of your 
Goodnefs and our own Hearts, that the Ending 
of this Parliament (hall be much more happy than 
the Beginning; and be to all Ages ftiled the BkJ/eJ 
Parliament, for making perfcft Union between 
the bed King and the bcft People ; that yew 
Majefty may erer delight in calling us together, 
and we rejoice in the Comforts of your gracious 
Favour towards uj^ 

• In this Hope,. I return to my firft Errand ; 
which will bed appear by that which I {hall 
humbly defire your Majefty to hear.; it being an 
humble Petition from the Houfe of Commons, 
for redreffing of thofe many Inconveniencics and 
Diftradions, that have befallen your Subjefts by 
the billeting of Soldiers, in private Men's Houfes, 
againft their Wills* 

' Your Royal Progenitors have ever held their 
Subjefts. Hearts the beft Garrifon.of this King- 
dom 5 and our humble Suit to your Majefty is, 
that our Faith and Loyalty may have fuch a Place 
in your Royal Thoughts, as to reft aiiured that 
all your Subjefts will be ready to lay down their 
Lives for the Defence of your.facr^ Perfon and 
^his Kingdom. 

• Not going ourfelves into our Countries this 
Eajier^ we fhould think it a great Happinefs to 
us, (as we know it would be a Angular Comfort 
and Encouragement to them that fent us hither) 
if we might but fend them the News of a graci- 
ous Anfwer from your Majefty in this Particu- 
lar ; which the Reafons of the Petition, we hope^ 
will move your Moft Excellent Majefty graci- 
oufly to vouchfafe us.' 



The Petition concerning the billeting of Soldicrsw 

To the KIN G's Moft Excellent Majefty. . 

/N all HumiHty complaining, JbiWiih unto your 
Moft Excellent Majejiy^ your Isyal and dutiful 
Commons^ nm iti Parliament ajjewbkd^ That whereas^ 



0/ E N G L A N D. 447 

.iy the fundamental Laws of this Realm ^ every i^r^^- An.4.-Charie»i. 
man hath, and of Right ought to have^ a full arid li&aS. 
. ahfahne Property in his Goods and Effate 5 and that 
therefore the billeting and placing Soldiers in the 
Houfe of any fuch Freeman againfl his WiVL^ is dt^ 
re£ily contrary to ihefaid Laws, under which we and 
our Ancejiors have been fo long and happily governed^ 
yet, in apparent Violation of the fat d ant lent and un- 
doubted Right of all your Majejlfs loyal SubjeHs of 
this your Kingdom in general^ and to the grievous and 
infapportahle Vexation and Detriment of many Coun^ 
ties and Per fins in particular, a new and almoft un^ 
heard'df Way hath been invented and put in praSfice^ 
to lay Soldiers upon them, fcattered in Companies here 
and there^ even in the Heart and Bowels of this 
Kingdom ; and to compel many of your Majefy's Sub- 
je^s to receive and lodge them in' their own Houfes:^ 
and both themfelves and others to contribute towards 
the Maintenance of them ^^ to the exceeding great 
■Dijfervice of ycfur Majefly, the general Terror ofall^^ 
and iitter "Undoing of many of your People ; infomuch 
ns we (fannot fufficiently recount, nor, in any Sort 
pnportionable to the lively Senfe that we have of out 
Miferies herein, are toe able to reprefent unto your 
Majefly the innumerable Mtfchiefs and mofi grievous 
Exa^ions that, by this Means alone, we do nowfuffer^^ 
whereof we will not prefunie to trouble your facred 
Ears with particular Infiances j only, Moli Sacred 
Sovereign, we beg Leavo to offer to your mcft gracious 
View and compaffionate Confidcration^ a few of the A 
in particular. 

1. The Service of Almighty Gcd is hereby greatly 
hindered, the People, in many Places, not daring ti 
repair to the Ch^rch, left, in the mean Time, the Sol^ 
d:£rs fhould rifle their Houfes. 

2. The antient and good Government of the Coun^ 
try is hereby negle/led, and dimofi contemned. 

3. Tour Officers of Jujlice, in Performance of 
their Duties^ have teen rejifted and endangered, 

- 4. The Rents and Revenues of your Qentry grciU^ 
fy and generally d':fninijhcd ; Farmers^ tofecure tkem^ 

. *..•• *. ..- j4'^ei ^ 



448 The Tarliamentary Hi s To r r 

An.^Chvi\Kil.fehiS,from the SolSers Infolena^ bewg^ by the Ck' 

'**^* mour end Solicitation of their fearful and injured 

Wives and Children^ enforced to give up their wonted 

Dwellings^ and to retire themfelves into Places of 

more fecure Habitation. 

5* Huflfandmeny that are as it were the Hands of 
the Country y corrupted by ill Example of the Soldiers, 
and encouraged to idle life^ give over Work ; and 
rather feek to live idly, at another Man's. Charge, 
than by their own Labour. 

6. Trade/men and Artificers almojl difcouraged\ 
by being inforced to leave their Trades, and to em^ 
ploy their lime inpreferving themfehes and their Fa- 
ndliesfrom Violence and Cruelty. 

7. Markets unfrequented, and our Ways grown fo 
dangermis, {hat the People dare not pafs to and fro 
upon their ufual Occaftgns. . 

8. Frequent Robberies, Afjaults, Batteries, Bur* 
glaries. Rapes, -Rapines, Murders, barbarous Cru- 
elties, and other moft abominable Vices and Outrages 
are generally complained of from aU Parts, where 
thfe Companies have been and have their Abode ; few 
iff which Infolencies have henfo much as gue/tioned^ 
andfewer, according to their Demerit, punilhed, 

Tiheje and many other lamentable Effe^s, nufl 

Dread and Dear Sovereign, have, by the Billeting 

of Soldiers, already fallen upon us your loyal Stdye^s ; 

tending no lefs to the Dijfervice of your Majefly, than 

to their own impoverijbing and De/iru5fion j fo that, 

thereby, they are exceedingly difabled to yield your Ma^ 

je/ly thofe Supplies for your urgent Occafims, which 

they heartily deftre; and yet they are further perplexed 

with Jlpprehenfion of more approaching Danger ; one 

in regard of your SubjeSls at home^ the other of Ene* 

miesfrom abroad -, in both which RsfpeSls it feems to 

threaten nojmall Calamity^ 

For the Firfl, the meaner Sort of your People being 
exceeding poor, whereof in many Places are grjcat 
Multitudes, and therefore, even in 'Times of more 
fettled and conjiant Admlni/iration of Jujlice, not 
eafily^ ruied^ are mofl apt, upon this Occajion, to cajl 
^ ihe Rein! of Government ; and by joining them^ 

felvfs 



Of ENGLAND. 44^ 

fehes iuith thofe difordered Soldiers^ are very Hie to ^^'A-^^^^^^^^* 
fall into Mutiny and Rebellion: Ihis, in faithful •'^'^* 
Difcharge of our Duties^ we cannot forbear mofi 
humbly to prefent to your high and excellent JVifdom \ 
heing poffejfed with pr table Fears that fomefuch Mif- 
chief will /hortly enfue^ //"tf;; effectual and Jpeedj 
Courfe be not taken to remove out of the Land^ or O' 
therwife to difiand^ thofe unruly Companies^ 

For the Second^ we do moft humbly befeech your y 
Majejly to take into your Princely Conjideration^ 
That many of thofe Companies , beftdes their dfJUute _ 
Difpofiiion and Carriage^ are fuch as do openly pro- 
fefs themfelves Papifts ; and therefore to be fu/peSfed 
thaty if Occafion ferve^ they will rather adhere, to a 
foreign Enemy of that Religion^ than to your Majejly^ 
their liege Lord and Sovereign \ efpecially Jome of their 
Cc^ptains and Coifimanders being as popijhly affected 
as themjelves.and having ferved in the IVars^ on the 
Part of the King of Spain and the Arch Duchefs^ 
agai?ifl your Majefy^s Allies \ which, of what perni- 
cious Conference it may prove ^ and how prejudicial 
to the Safety efyour Kingdom^ ive leave to your Ma* 
jelifs high and princely If if lorn. 

And now upon thefe^ and inany more which might 
be ailedged^ mofi iveighiy and important Reafons^ ' 
grounded on the Maintenance of the JVorJhip arid Ser- 
vice of Almighty God, the Continuance and Advance- 
ment of your Majcdfs high Honour and Profit^ the 
Prefervaiion of the antient and undoubted Liberties 
of your People, and therein of fujlice, Induflry^ and 
Valour \ all which nearly concern the Glory and Hap- 
pinefs of your MajeJly and your Suhjetts ; and the 
preventing of Calamity and Ruin both of Church and 
Com^rwn- fPealth : IVe your Majefly^s mojl humble and 
loyal Subje^s^ the Knights, Citizen s, and Bir^efjes of 
your Houfe of Commons y in the Name of all the Com- 
monalty of your Kingdom^ ivho are, upon this Occafmn^ 
mofi miferabh difconjokite and offlUted^ pro/irate at 
the Throne of your Grace and fufl.ce^ do mofi ardently 
beg a prefent Remove of this infupporiable Burden ; 
and that your Majejly ".vculd be grqcioufly plca-ed to 
fecure us from the Ike Preffurein the lime tc come, 
Vot. VII. F f To 



The 
fwer 



45b The Parliamentary Hi story 

An. 4 Charles I. jq jijg foregoing Petition his Majefty made the 
'^** following Reply (k). 

Mr Speaker and you Gentlemen, 

KAn%'%An.T/j^HBN I fent you my laft Meffage^ I did ni^ 
^^ €xpe£f a Reply y for I intended it only te hafitn 
you \ [not to find Fault with you J. I iM yeu^ at 
your firji Meeiingy this Time was net to bej^nt k 
JVords^ and 1 arh Jure it is lejsfit for Dijputes ; wMcb 
if I had a Deftre to entertain^ 'Mr. Speaker's Pre- 
amble might have given me Ground enough. 

The ^efion is not now^ What Liberty you have 

in difpofwg of Matters handled in your own Houfe \ 

hut rather at this Time what is fit to be domz Where- 

fore I hope you will follow my Example^ in efcbew* 

ing Difputations, and fall to your important Bujinefs, 

Tou make a Protcjiation of your Affe^ion and Zeol 
to my Prerogatives grounded upon fucb good and juft 
Reajons that I muft believe you: But I look that you, 
vfe the with the like Charity^ to believe what I have 
declared^ more than Once ftnce your Meeting^ which 
fSy That I am as forward as you for the neeeffary Pre- 
fervation of your true Liberties, Let tis not fpenifo. 
much Time in this^ that may hazard both my- Pre- 
rogative and your L'berties to our Enemies, 

To be JJjort ; go on fpeedily with ycur Bufmefs with- 

out any [Fear or] more Apologies', for Time calls 

fajl, which will neither flay for you nor me : JVhere- 

Jore it is my Duty [10 prefs you] to hajleri^ as bed 

- kncuirg the [Truth and NecefliiyJ ofif^ and yours 

to give Credit to what 1 fay, as to him that fits at 

[ana ^uidcr] the Helm. 

As to what concerns your Petition, I fball male 
Aifmer in a convenient lime. 

Thf^ f^ime Da^, April 14th, a Cafe of a very 
extraordinnry Nciturc came before the Commons. 
This IS wholly oinined, in Rujhworth^ and we 
give It from thole greater Autnorines, the Journals. 

{k) The P^/Tagrs In Crochets are omitted in Rujhroortb^ aqd 
fupp:icd frcm the Lcr(is J$Hrn^l^, 



0/ E N G L A N D. 451 

Information was given to the Houfe, by Mr. An. 4- Charles I.. 
Kirion, that a Lord [the Earl of Suffolk] had faid, '^*^- 
two Days before. That a Gentleman of this Houfe 
l^Mr. Selden] deferved to he hanged for razing a Re^ 
cord ; with fome other Speeches to the Uke Purpofe. 

8!r Jamei Strangewayes was naiped for the Perfon 
who heard the Words ; and he was ordered, by the 
Houfe, to declare his Knowledge therein. Sir James 
faid, * That going up to the Houfe of Lords to fpeak 
to a Lord, about other Bufinefe, he was afked by 
one who met him. If he had heard nothing ? After 
this, going into > the Committee-Chamber of the 
Lords, to the beft of his Remembrance, the 
Words ufed by the Earl of Suffolk were thcfe ; Sir > . 
James Strangewayes will you not hang Selden ? To 
which he anfwered, My Lord^ I knruu no Caufe 
for it. ' The Earl fwore, by God, He had razed 
a Record and was worthy to be hanged/or it^ 

Upon this Mr. Selden was called upon to juftify 
himfeifin this particular ofrazing a Record. ' Who 
firft denied the Charge in general ; and next in 
particular. That he delivered in to the Lords di- 
verfe Copies of Records examined by himfelf, and 
feveral other Members of the Houfe; wherein hej^* Commons 
was far from doing any fuch Thing as was charged ^I'^l th^'^A of 

upon him/ Suffolk, for af- 

Upon Queftion it was refolved, * That SirP^f^^e * M«»- 
James Strangewayes (hall fet Hown the Words fpo- Houfe. 
ken by the Earl of Suffolk of Mr. Selden ; and that 
Sir Robert Philipps (hall go up with a Mefl'age to 
the Lords to charge the Earl of Suffolk with the 
Words ; and to delire Juftice from the Lords againft 
him ; for a Wrong, done to the Houfe of Com- 
mons, in general ; and to a Member thereof [Mr. 
Selden] employed in their Service, in particular. 
And, in his Introdudlion, to intimate how rar it is 
from this Houfe to do any Thing, which might 
interrupt the good Amity and Corrcfpondency be- 
tween both Houfes.' . 

Sir Robert Philipps^ being returned from the 
Lords, reported, That their. Aniwer was ; * //'j/?, 
A Signification of the Defire their Lordfhips had to 

F f 2 • con- 



45 a The Parliamentary Hi story 

An. 4 char!c« I. coniiouc, and, if pofEble, increafe the good Cor- 
i6i8. refpondcncy between both Houfes: That they had 
prefently taken Confideration of the Meflage ; and 
thai the Earl of Suffolk had there» openly, proteft- 
ed. Upon his Honour and Souly he hadujed nofuch 
JVordi to Sir James Strangewayes/ 

But this did not fatisfy the Commons ; a feleft 
Committee was, inftanily, appointed to confidcr of 
the Words, and make further EHftjuifition of the 
Proof, and all Incidents thereto, with Power to 
fend for any WitnelTes, 

The next Day Sir James Strangewayes^ pub- 
lickly, avowed the Words he had charged the Ear! 
with the Day before; and faid, * That he, po/I- 
tively, fpake them ; and that he was ready to make 
good the fame, in any Courfe the Houfe fliouldbc 
pleafcd to direft, either as a Member of it, or a 
Gentleman of Honour.' Sir TVilliam Owen flood 
up and faid, * That Yefterday Sir Chri/iopher Ne^. 
ville told him, that he heard the Earl of Sitffolk 
l]>eak the fame Words, which Sir James Strange- 
wayes charged upon him.' Referred to the for- 
mer Committee. 

jfpfil thfe 17th, Sir John Elliot^ from the faid 
CcmmitteCv reported, ' That Sir Chriftopher Ne- 
ville had teftified before thera, That, on the 12 th 
inft. he was at a Committee of the Lords, when 
the Earl oi Suffolk told him, That Mr. Attorney 
had cleared the Bufinefs, and made the Caufe plain 
on the King's Side ; and further faid, I'hat Mr. 
Selden had razed a Record^ and did deferve to be 
kangej. ; and this Houjc would do well to join with 
the Lords in a Petition to the King to hang him. And 
added, That Mr, Selden we/a about to divide tte 
King and his People, Upon Expoilulation, the 
Earl did again jultify. That Mr. Selden had razed 
a Record. That Mr. i////^/<?//j being examined, faid, 
* That he flood not very near my Lord, but heard 
thus much, which he faid. That he would not be in 
Mr. Sdden'i Cafe for 1 0,000 1. and that l:e defer ved 
ts be hanged' 

Thefe, 



0/ E N G L A N D. 453 

Thefe, and fome other ftrong Circumftances, An. 4. Charles r, 
too long to infert, brought the Committee to '^^* 
the following Refolutions ; Firji^ * That the Earl 
of Suffolk^ notwithftanding his Denial, had laid a 
nioft unjuft and fcandalous imputation on Mr. • 
Selden and the Houfe. 'Secondly^ That they are ful- 
ly fatisfied, That Sir James Strangewayes afferted 
nothing bat Truth. T^hirdly^ That thefe Particulars 
fhould be prefented to the Lords, and the Earl, a- 
g>iin,. charged at the Bar ; and that the Lords 
Ihould be defired to proceed, in Julticc, againft 
him ; and to inflic'il fuch Punifliment upon him as 
fo high an Offence, againft the Hou/'e of Com- 
mons, doth delerve. Which Refolutions were a- 
greed unto by the whole Houfc. 

Sir John Elliot was immediately fent up to charge 
the Earl of S'^ffolk^ at the Bar of the Lords, with 
the Words in the Manner aforefaid ; who, return- 
ing, faid, * That they would take it into due Con- 
fideraiion, and return Anfwcr by Meflengers of 
their own/ And this is all we hear of the Matter 
in the Houfe of Commons. 

This Charge againft the Earl of Suffolk is, alfo, 
entered in the Lords Journals ; and carried as far 
as Sir John Elliotts Remonftrance to them on that 
Subjedt, and their Anfwer; but, it is probable, by 
fome Compromife after, the Matter was dropp'd, 
for we meet with no more about it. 

And now comes on the further Debate concern- 
ing the Prerogative of il^.e Crown and the Liberty 
of the Subje^^t ; on which depended the famous 
Petition of Right \ which the Commons had re- 
folved (hould go Hand in Hand with the Supply : 

But this, being an Affair of great Length, and 

greater Confequcnce, will begin our next Volume, 

• 

The END oj the Seventh Volume.