The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

The Commons Remonstrance of Tonnage and Poundage.

Most gracious Sovereign,

YOur Majesties most Loyal and Dutiful * 1.1 Subjects, the Commons in this present Parliament assembled, being in nothing more careful, than of the Honour and Pro∣sperity of your Majesty, and the Kingdom, which they know do much depend upon that happy union and relation betwixt your Ma∣jesty and your People, do, with much sor∣row, apprehend, that by reason of the incer∣tainty of their continuance together, the un∣expected interruptions which have been east upon them, and the shortness of time in which your Majesty hath determined to end this Session, they cannot bring to maturity and perfection, divers businesses of weight, which they have taken into their considerati∣on and resolution, as most important for the common good: Amongst other things, they have taken into especial care the preparing of a Bill, for the granting of your Majesty such a Subsidy of Tonnage and Poundage, as might uphold your Profit and Aevenue in as ample a manner, as their just care, and respect of Trade (wherein not only the Prosperity, but even the Life of the King∣dom doth consist) would permit: But being a Work which will require much time, and preparation by Conference with your Maje∣sties Officers, and with the Merchants, not only of London, but of other remote parts, they find it not possible to be accomplished at this time: Wherefore considering it will be much more prejudicial to the Right of the Subject, if your Majesty should continue to receive the same, without Authority of Law, after the determination of a Session, than if there had been a Recess by Adjournment on∣ly, in which case, that intended Grant would have related to the first day of the Parliament; and assuring themselves, that your Majesty is resolved to observe that your Royal An∣swer, which you have lately made to the Peti∣tion of Right of both Houses of Parliament; Yet doubting lest your Majesty may be mis∣informed concerning this particular case, as if you might continue to take those Subsidies of Tonnage and Poundage, and other Impo∣sitions upon Merchants, without breaking that Answer, they are forced, by that duty which they owe to your Majesty, and to those whom they represent, to declare, That there ought not any Imposition to be laid upon the Goods of Merchants, Exported or Imported, with∣out common consent by Act of Parliament, which is the Right and Inheritance of your Subjects, founded not only upon the most Ancient and Ori∣ginal Constitution of this Kingdom, but often confirmed and declared in divers Statute Laws.

And for the better manifestation thereof, may it please your Majesty to understand, That although your-Royal Predecessors, the Kings of this Realm, have often had such Subsidies and Impositions granted unto them, upon divers occasions, especially for the guarding of the Seas, and safeguard of Merchants: Yet the Subjects have been ever careful to use such Cautions and Limitations in those Grants, as might prevent any Claim to be made, that such Subsidies do proceed from Duty, and not from the free Gift of the Subjects. And that they have heretofore u∣sed to limit a time in such Grants, and for the most part but short, as for a year or two, and if it were continued longer, they have sometimes directed a certain space of Cessa∣tion or Intermission, that so the Right of the Subject might be more evident. At other times it hath been granted upon occasion of War, for a certain number of years, with Proviso, That i•• the War were ended in the mean time, then the Grant should cease: And of course it hath been sequesired into the hands of some Subjects, to be imployed for the guarding of the Seas. And it is acknow∣ledged by the ordinary Answers of your Ma∣jesties Predecessors, in their Assent to the Bills of Subsidies of Tonnage and Pound∣age, that it is of the nature of other Subsi∣dies, proceeding from the good will of the Subject: Very few of your Predecessors had it for life, until the Reign of Henry the Se∣venth, who was so far from conceiving he had any right thereunto, that although he granted Commissions for collecting certain Duties and Customs due by Law, yet he made no Commissions for receiving the Sub∣sidy of Tonnage and Poundage, until the same was granted unto him in Parliament. Since his time, all the Kings and Queens of this Realm have had the like Grants for life, by the free love and good will of the Sub∣jects. And whensoever the people have been grieved, by laying any Impositions or o∣ther Charges upon their Goods and Mer∣chandizes, without Authority of Law (which hath been very seldom) Yet upon complaint in Parliament, they have been forthwith relieved: saving in the time of your Royal Father, who having, through ill Counsel, raised the Rates and Charges upon Merchandizes to that height at which they now are, yet he was pleased so far forth to yield to the Complaint of his p••a∣ple, as to offer, That if the value of those Impositions which he had set might be made good unto him, he would bind him∣self and his Heirs, by Act of Parliament, never to say any other: Which offer, the Commons at that time, in regard of the great burden, did not think fit to yield un∣to. Nevertheless, your Loyal Commons in this Parliament, out of their especial zeal to your Service, and especial regard

of your pressing occasions, have taken into their consiveration, so to frame a Grant of Subsidy of Tonnage or Poundage to your Majesty, that both you might have been the better enabled for the defence of your Realm, and your Subjects, by being secure from all undue Charges, be the more encoura∣ged cheerfully to proceed in their course of Trade; by the increase whereof, your Majesties profit, and likewise the strength of the Kingdom, would be very much aug∣mented.

But not being now able to accomplish this their desire, there is no course left un∣to them, without manifest breach of their duty, both to your Majesty and their Coun∣trey, save only to make this humble De∣claration. That the receiving of Tonnage and Poundage, and other Impositions, not grant∣ed by Parliament, is a breach of the Funda∣mental Liberties of this Kingdom, and contra∣ry to your Majesties Royal Answer to the said Petition of Right. And therefore they do most humbly beseech your Majesty, to for∣bear any further receiving of the same; and not to take it in ill part from those of your Majesties loving Subjects, who shall refuse to make payment of any such Charges, without warrant of Law de∣manded.

And as by this forbearance, your most Excellent Majesty shall manifest unto the World your Royal Iustice, in the observa∣tion of your Laws: So they doubt not, but hereafter, at the time appointed for their coming again, they shall have occasion to express their great defire to advance your Majesties Honour and Profit.

June 26. The Speaker being sent for to the King at Whitehall, came not into the House till about Nine a Clock. The Remonstrance concerning Tonnage and Poundage being in∣grossed, was then a reading in the House: the King sent for the Speaker, and the whole House to attend him at the House of Peers, and made the Speech following.

IT may seem strange, that I came so sud∣denly to end this Session, before I give * 1.2 my assent to the Bills; I will tell you the cause, though I must avow, that I owe the account of my actions to God alone. It is known to every one, that a while ago the House of Commons gave me a Remonstrance, how acceptable every man may judge; and for the merit of it, I will not call that in question, for I am sure no wise man can justifie it.

Now since I am truly informed, That a second Remonstrance is preparing for me to take away the profit of my Tonnage and Poundage, one of the chief maintenances of my Crown, by alledging, I have given away my Right thereto by my Answer to your Pe∣tition:

This is so prejudicial unto me, that I am forced to end this Session some few hours be∣fore I meant, being not willing to receive a∣ny more Remonstrances, to which I must give a harsh Answer. And since I see, that even the House of Commons begins already to make false constructions of what I granted in your Petition, lest it be worse interpreted in the Countrey, I will now make a Declaration concerning the true intent thereof.

The profession of both Houses in the time of hammering this Petition, was no way to trench upon my Prerogative, saying, they had neither intention or power to hurt it. There∣fore it must needs be conceived, that I have granted no new, but only confirmed the anci∣ent Liberties of my Subjects. Yet to shew the clearness of my Intentions, that I neither re∣pent, nor mean to recede from any thing I have promised you, I do here declare my self, That those things which have been done, whereby many have had some cause to expect the Liberties of the Subjects to be trenched up∣on, which indeed was the first and true ground of the Petition, shall not hereafter be drawn in∣to example for your prejudice, and from time to time, in the word of a King, ye shall not have the like cause to complain. But as for Tonnage and Poundage, it is a thing I cannot want, and was never intended by you to ask, nor meant by me, I am sure to grant.

To conclude, I command you all that are here to take notice of what I have spoken at this time, to be the true intent and meaning of what I granted you in your Petition; but e∣specially you, my Lords, the Judges, for to you only, under me, belongs the interpretation of Laws, for none of the Houses of Parliament, either joynt or separate, (what new Do∣ctrine soever may be raised) have any pow∣er either to make or declare a Law without my consent.

After the King had ended, the Bill of Sub∣sidy was delivered to the Speaker, standing at the Bar in the Lords House, who made a short Speech, and shewed, that it was the greatest gift that ever was given in so short a time. And so craving pardon for the errors of the House, and his own, he craved the King's Royal Assent to the Bills, which his Majesty did accordingly.

And the Lord Keeper after said, It is his Ma∣jesties pleasure that this Session now end, and that the Parliament be Prorogued till the Twen∣tieth of October next.

AFter the Prorogation of the Parliament, Dr. Manwaring's Sermon was suppressed by Proclamation; and also a Commission was ordered by his Majesty to several Gentlemen, whom his Majesty named his Commissioners to compound with Recusants for the two parts of three of their Estates due to the King, as for∣feited by them for their Recusancy; and they were said to come off at very easie rates: and farther, that some of them had Letters of Grace and Protection, but how truly, I know not; and this was followed by a Proclamation against Richard Smith Bishop of Calcedon, &c. and that diligent search should be made for all Priests and Jesuits, and others that have taken Orders from the See of Rome, that they should be apprehended and committed in order to their Tri∣als, and if then convicted, they should be committed to the Castle of Wisbitch, and be under close re∣straint, that they might not exercise their Function, or spread any their Errors: and hereupon a Letter was writ by the Privy Council to the Bishop of Ely, as followeth:

WHereas his Majesty hath been informed, that the Romish Priests, Jesuites, and Semina∣ries * 1.3 lurking in this Kingdom, do obstinately and mali∣ciously continue their wonted practices to supplant the true Religion established, and to seduce his People from obedience, stir up Sedition, and subvert the State and Government so far as it lyeth in their power: His Majesty therefore hath commanded us to signifie unto your Lordships, that it is his express will and pleasure, according to his Declaration in Parliament, and his Royal Proclamation since published, you shall forth∣with prepare and make ready the Castle of Wisbitch, in the Isle of Ely, to receive and lodge all such Priests, Jesuites, and Seminaries, and other Prisoners, as shall be hereafter sent thither, and there treat and go∣vern them according to such instructions and directi∣ons, as shall be prescribed by this Board.

The Jesuites taken at Clerkenwell, and mention∣ed before, were ordered to Newgate, and if upon Trial they were Convicted, were to be sent to Wisbitch; and upon Information of a great resort of Papists to London, Orders were sent to the Lord Mayor to cause diligent search to be made to find out how many were Inhabitants, Inmates or Lodgers, with their Names and Qualities, and to certifie to the Board.

In this Interval of Parliament, Sir Richard We∣ston was preferred from the Chancellor of the Ex∣chequer, to be Lord Treasurer of England; and at the same time Bishop Laud was translated from the See of Bath and Wells to that of London. And Mr. Montague was designed Bishop of Chi∣chester; nevertheless his Book Entituled, Appello Caesarem, was by publick Order called in, his Ma∣jesty declaring, That out of his care to maintain the Church in the unity of true Religion, and the bond of Peace, to prevent unnecessary disputes, he had lately caused the Articles of Religion to be re-printed, as a rule for avoiding diversities of opinions; and considering that a Book written by Richard Montague, now Bishop of Chichester, in∣tituled, Appello Caesarem, was the first cause of those disputes and differences, which since have much troubled the quiet of the Church, he would take away occasion, by commanding all persons that had any of those Books in their hands, to de∣liver them to the Bishop of the Diocess; or, if it be in either Universities, to the Chancellor and Vice-Chancellor thereof, who were commanded to suppress them. And if any by Preaching, Reading, or making of Books pro and contra, con∣cerning those unnecessary questions, shall revive the difference, he was resolved to take such order with them, and those Books, as they shall wish they had never thought upon those needless Contro∣versies.

Notwithstanding this Proclamation, both that Book, and also the several answers to it of Dr. Featly, Dr. Goad, Mr. Yard, Mr. Yates, Mr. Wot∣ton, and Mr. Rouse came all abroad, and neither party did refrain, though some were hereafter questioned for it; But Dr. Montague, and Dr. Manwaring procured their Pardons from his Maje∣sty, and the later was preferred afterwards to the Rectory of Stamford-Rivers in Essex.

And now again was a Naval Royal Equipped for the relief of Rochel, under the Duke of Buck∣ingham, who being at Portsmouth in order to his Embarquation, and to the giving the necessary Orders, he was on the 23 of August, in his own Lodging, fitting himself to wait on the King; he hastily called for Breakfast, his Servants at∣tending the Sewer to bring in the Meat, the Duke came down Stairs from his upper Chamber to eat in a lower Parlour, turning in at the soot of the Stairs in a narrow Entry, and Sir Thomas Fria••, one of his Colonels, following him to the Par∣lour door, stooping to take his leave, the Duke declining, embraced Friar with these words, Honest Tom, and so turning into the Room, one John Felton at that Instant, shaddowed behind them, Stabbed him to the Heart with a back-blo•• of a Coutel-knife, which stuck in his Body t••••l the Duke diagg'd it out, and so enlarged the O••i∣fice that it streamed with the effusion of so much Blood and Spirit that instantly he died, not able (it seems) to utter a Syllable; and certainly no Soul there present, for he fell backward into the Parlour, and the Assassinate fled: nor could any creature discern the Murderer, but by several su∣spitions of those that were left last above with the Duke: and therefore some cried out upon Soubi••z the French-man, Friar, whilest Felton having no power to fly sar, uncertain what to do, stepped aside into the Kitchin, near at hand; hither the Uproar and search followed, some cried out, Where's the Villain? Felton mistaking the words, for, Here's the Villain, suddenly started, and said, I am he, whom they seized, and with much ado to preserve alive from the sury of the Servants, Mr. Stamford, the Duke's follower, tilting at him with a Rapier, which others put by, that missed but little of his intent, to repay him to th•• full.

Many Messengers posted to Court with this ill news, more hasty than able to satisfie the particu∣lars thereof; and as passionately the Courtiers Posted to Portsmouth: there was one had com∣mand to inquire of the fact, to see the man, and to search out somewhat to satisfie the King, and with his Warrant to the Governour, was put into the Prisoner, a Little, Timber, Meagre, Ghastly, Frightful faced Fellow, already clapt into a small Centry-House upon the Guard, horribly laden with manacled Irons, neither able to sit, nor to lie down, but to be crippled against the Wall; with him thus in private, and to sweeten his De∣vilish Conditions, the party pretended, that in affection to some of his friends he came of this Vi∣sit, to administer comfort with his Prayers, the best effects of Charity to him; but he answers, that he was not so ignorant to believe, that a man in his condition should be admitted such comforts; but I rather receive you an Examiner (said he) impowered to make inquisition of me and this action of mine.

And after some discourse, Sir (said he) I shall be brief, I killed him for the Cause of God and my Country. Nay (said the other) there may be hope of his life, the Surgeons say so; It is impos∣sible (he replied) I had the force of forty men, assisted by him that guarded my hand. And being in∣terrogated to several Questions, he made these answers, That he was named John Felton, hereto∣fore Lieutenant to a Foot Company under Sir James Ramsey: that he had endeavoured for a Commission to be Captain in this Expedition, and failed therein, but without any regret upon the Duke (from whom he had found respect) nor for any private interest what∣soever; that the late Remonstrance of Parliament pub∣lished the Duke so odious, that he appeared to him de∣serving Death, which no Justice durst execrte, that it was not many daies since he resolved to kill him, but finding the Duke so closely attended, that it should be his business to pass a Voluntier, and do it in this V••••∣age. Somewhat he said of a Sermon at St. Faiths

Church under Paul's, where the Preacher spake in justification of every man in a Good Cause to be Judge and Executioner of Sin, which he inter∣preted to be him. That passing out at the Po∣stern-Gate upon Tower-hill, he espied that fatal Knife in a Cutlers Glass-Case, which he bought for sixteen pence; it was the point end of a Cuff∣blade, struck into a cross Haft, the whole length, Handle, and all not twelve Inches, fastened to his right Pocket, and from that time he resolved therewith to Stabb him. That some daies after he followed the Train to Portsmouth, and coming by a Cross Erected in the High-way, he sharpened the point thereof upon the Stone, believing it more proper in Justice to advantage his design than for the Idolatrous intent it was first Erect. That he found continual trouble and disquiet in mind until he should perform this fact, and came to Town but that Morning. That no Soul living was accessory with him by any waies or means, of the Duke's Execution. That he was assured his Fact was justified, and he the Redeemer of the Peoples sufferings, under the power of the Duke's Usurpations, &c. and his Paper tackt in the Crown of his Hat, seemed to satisfie his Conscience that he was thereof well pleased.

Concerning the Duke's Interment, and the Malesactors Confession, after Judgment had passed on him: I find that his Bowels were Interred in Portsmouth by his dear and only Sister the Coun∣tess of Denbigh, and a handsome Memorial of him Erected there, his Body brought to York-House, where his Effigies lay sometime in an Illu∣strious manner upon a Hearse, and after was sum∣ptuously Intombed at Westminster in St. Edward's Chapel, without any such stir, as some Histori∣an would infer concerning his Funeral, for his Executors paid for all, and it cost not the King a Penny, and a Stately Monument was Erected over his Grave for his lasting Memory.

Felton was sound Guilty at the King's-Bench-Bar, was Hanged at Tyburn, against which time he was taught so much Charity to his own Soul, as with remorse to acknowledge his Fact Damnable, without God's great Mercy; laying the guilt di∣rectly upon the Parliaments Remonstrance, the immediate motive to his Devilish design.

In regard of the strangeness of the Fact of Assas∣sination of this Noble Person by so mean and ob∣scure a hand, there were not wanting some who perswaded he should be put to the Rack; and hereupon the Judges were consulted of the legali∣ty of this proceeding, who met accordingly at Sar∣j••ants-Inn in Chancery-Lane, and did all agree that he could not by our Law be tortured by the Rack, for that no such punishment is now allow∣ed by our Law.

Rochel afterward was, notwithstanding, after this, designed to be relieved by his Majesty, and accordingly the Fleet put to Sea with Provision and Fireships for the relief of it; but all in vain, for they found the Barricado so strong, and so well contrived, that it was impossible to enter the Port; which the English perceiving, gave over any far∣ther attempt, and return; which the Rochellers perceived, they Capitulated, and had what Conditi∣ons the King their Soveraign gave them: great was the misery they had endured, for it is related that they had lived long upon Horse-flesh, Hides and Leather, Dogs and Cats, hardly leaving a Horse alive, still in hopes, that the relief promised from England would prove effectual to them; they held it so long, till they were but about four thousand left alive of fifteen thousand Souls, most of them died with Famine, and when they begun to be pinched with the extremity of hunger, they died so fast, that they usually carried their Coffins into the Church-yard, and other places, and there laid themselves in and died; great numbers of them being unburied, when the Forces of the King of France entred the Town, and many Corp••e eaten with Vermine, Ravens and Birds.

Our Fleet which was sent for the relief of Ro∣chel was defective both in Victuals, and its Tack∣ling, the defects and defaults whereof should be considered of by a Committee of Lords select, and they to report to the Board, which was done ac∣cordingly. In the mean time, great Complaints (matter for the Session of Parliament ensuing) came from the Isle of Wight, and other Maritime places, of the disorders of the Souldiers that Quar∣tered there; whereupon the Council required the Justices to chuse a Provost Marshal to correct the Souldiers for those disorders. And now the King of Denmark requires our King's assistance against the Emperour, to whom a Supply was sent under the conduct of Sir Charles Morgan, drawn out by him out of our Veterane Regiments in the States Service in the Low-Countries; and because the King had no occasion for the German Horse raised by Dalbeer, he was licensed by our King to trans∣mit them over into the Service either of the King of Sweden or the Duke of Savoy, then Allies to his Majesties.

Dr. Harsnet Bishop of Norwich is translated to York, and Dr. Corbet made Bishop of Oxon about this time. Also the new Statutes of the Univer∣sity of Oxon, about the Election of Proctors, afterwards called Statuta Carolina were compiled by Direction of Dr. Laud Bishop of London, to the great content and satisfaction of that Univer∣sity.

The Parliament, as before is said, being Pro∣rogued to the 20 of October, is now by Proclama∣tion Prorogued farther till the 20 of January fol∣lowing. But in this interval, several Merchants of London were Committed for Non-payment of Customs, which the King in open Council de∣mands as a duty paid both in Queen Elizabeths and his Fathers times, and that there was in the Exche∣quer a solemn and legal judgement for the King for the payment of such Customs; however these Mer∣chants Land their Goods, and forcibly take them away from the Custom-house Key, and were there∣upon Summoned to the Board, and for a Riot there committed on that account; and for words spoken at the Council, Alderman Chambers of London was Committed the 28 of Sept. who brought his Habeas Corpus the 16 of October following, and on the 28 it was allowed; he was Bailed and Bound in a Recognizance to appear Crastino Animarum, and in the interim be of good behaviour; at which Action of the Judges the Lords of the Council were offended; but being satisfied, that what was done was according to Law and Justice, matters were easily comprized. The like occasion happened afterwards the same Term, for that Vassals of London, Merchant, refused to pay the said Imposition conceiving it to be illegal, for which Mr. Attorney, by the King's Command pre∣ferred an Information against him in the Exchequer, to which he appears and Pleads the Statutes of Magna Charta, and de Talagio non concedendo, that the duty of Tonnage and Poundage was not anti∣qua & recta consuetudo, and that it was imposed without assent of Parliament, to which Plea the King's Attorney Demurred in Law, and Vassal joyns in Demurrer, &c. At the hearing of this

Cause, Judgment was given for the King by the Barons of the Exchequer, who said this Case was the same with Botel's Case, and therefore the Du∣ty ought to be paid. And therefore upon Vassal's refusal to pay the said Duty, he was by Order of Court Imprisoned, and his Goods detained till payment made. And at the same time the said Chambers his Goods was again seized by the Of∣ficers of the Custom-House, for Non-payment of the said Duty, who Sues out his Replevin, which by Order of the Court of Exchequer was Super∣seded by an Injunction directed to the Sheriffs of London, not to Execute the said Writ of Replevin, or like Writs of Replevin; and the same course of proceedings were observed by the Barons of the Exchequer in the Case of Mr. Rolls, a Member of Parliament, whose Goods were detain'd, the Of∣ficers of the Custom-House telling him, That if all the Parliament were in you, we would seize your Goods; this Controversie, which after gave cause to the Dissolution of this Parliament, may a lit∣tle be enquired into, as to the rise and Antiquity of this Custom, which is said by one to be as fol∣loweth:

It is a Fundamental Truth, essential to the Con∣stitution and Government of this Kingdom, and Hereditary Priviledge of the Subject, that no Tax, Tallage, or other Charge might be laid without consent in Parliament: this was ratified by the Contract of this Nation with the Conque∣rour, upon his admittance, and declared and con∣firmed in the Laws which he published; and yet afterwards broken by King John, and Henry the Third: then Confirmed by Magna Charta, and other succeeding Laws; but then attempted to be broken by the two succeeding Edwards. When the Subject pursued those breaches by the oppor∣tunity of frequent Parliaments, and sound relief, procuring the right of the Subjects to be fortified by new Statutes. And it may be observed, That those Kings in the very Acts, whereby they did break the Law, did really affirm the Subjects Li∣berty, and disclaimed that Right of him. A thing which hath since been challenged by successive Sovereigns, the Merchants in those times usually giving consent to such Taxes, but limitted to a time, to the Ratification of the next following Parliament to be Cancelled or Confirmed.

But mostly these upon Merchandise, were ta∣ken by Parliament six or twelve per pound for time, and years, as they saw cause, for defence of the Sea: sometimes also granted unto Noble men or Merchants, but for chance; and afterwards they were granted to the King for life, and so con∣tinued for divers Descents.

Between the time of Edward the Third, and Queen Mary, never any Prince (some say) de∣manded any Imposition but by Parliament: Queen Mary indeed laid a Charge upon Cloth by the Equity of Tonnage and Poundage; because the Rate set upon Wool was much more than that up∣on Cloth, and little Wool being Transported un∣wrought, She had reason to impose so much more, as brought them to an equality, but that there still continued a less charge upon Wool wrought into Cloth, than upon Wool Landed out unwrought, untill King James his time; when upon Nicholson's advice, there was a further addition of Charge, which is that we call the pretermitted Custom.

In Queen Elizabeths time some Impositions, nay many increased; the general prosperity of her Reign, in the conjuncture of time, and Foreign Affairs over-shadowing, and her power and will Commanding; without regret or complaint that of Currants was one; for the Venetians having Taxed a charge upon our English Cloth, he raised that of the Currants, with pretence to be eve•• with them, the sooner to take off the other. An•• this came to be denied to King James by Bates a Merchant, and a Sute in the Exchequer adjudged it for the King: the three Judges (then no more) distinguished their several Opinions.

The First, That the King might Impose upon Foreign Commodities, but not upon Native to be Transported, or necessary to be Imported for the use of the Kingdom.

The Second Judge was of Opinion, he might impose upon all Foreign Merchandize, whether superfluous or no, but not upon Native.

The Third was absolute, seeing the King had the Custody of the Ports, and Guard of the Sea••, and might shut up or open the Ports as he pleased, he had a Prerogative to impose upon all Merchan∣dize Exported or Imported.

Afterwards King James laid Charges upon all Commodities outward and Inward, not limitted to time or occasion: this Judgment, and the right of Imposing was a Question in 7 and 12 Jan. and in 18 and 21 Jan. it was declined by the Com∣mons House; but in 1 Car. it was renewed by the King's Propositions, and then rather Confirmed than Abolished.

UPon Tuesday the 20 of January, the Parlia∣ment according to the Prorogation Assem∣bled, and the first Enquiry by them made, was, Whether the Petition of Right was Enrolled or not in the Courts at Westminster. And they find∣ing that some Additions were Printed, together with the said Petition, they seemed concerned thereat till the King's Printer told them he had his Majesties Warrant for his so doing, and so the matter passed. Next Enquiry; What violations of the Subjects Liberty was made since the last Session; and now the matter of Mr. Rolls the Mer∣chant, a Member of the Commons House, came to the subject of their Debate, whereupon Sir Ro∣bert Philips leads the Van, and spake as follow∣eth:

BY this Information you see how unfortunate these times are, and how full time it was for this As∣sembly to meet to serve his Majesty, and to serve their Country, and I am confident, that coming hither with fulness of affection, to our King and Country, all will conduce to a happy Conclusion and the King's Honour: Indeed our own great and weighty Affairs wound deep; cast your eyes which way you please, you shall see Vio∣lations on all sides; look on the Liberty of the Subject, look on the Priviledge of this House, let any say if ever he saw or read the like Violations by inferiour Mi∣nisters that over-do their Command; they knew the Party was a Parliament man, nay, they say if all the Parliament were in you, this we would do and ju∣stifie it. If we suffer the Priviledge of Parliament and Liberty of Subjects to be thus violated, for fear of complaint, we give a wound to the happiness of the Kingdom. The course of Justice is interrupted, and an Order in the Exchequer made for the stay of the Goods, and since there is a seisure, upon the approach of Parliament, of Goods amounting to five thousand pounds, for a pretended duty of two hundred pounds Custom, it's time to look about us.

In the first year of King James, by reason of the sickness that there was, the Parliament was Prorog••••d; and then there were some so bold as to take th•••• Ton∣nage and Poundage, and then we questioned the men

that demanded it. Let us proceed with affection of duty, and make up breaches; let a Committee be ap∣pointed for the examination of these proceedings.

The matter being referred to a Committee whilst they were in Debate thereon, a Message came from his Majesty, Commanding the House to defer the Debate thereof till the next day in the afternoon, at which time he required them to at∣tend him at the Banquetting House at White-Hall; where he spake to them as followeth:

THe care I have to remove all Obstacles that may hinder the good correspondency between me and * 1.4 this Parliament, is the cause I have called you together at this time, the particular occasion being a complaint made in the Lower House. And for you, my Lords, I am glad to take this, and all other occasions whereby you may clearly understand both my words and actions, for as you are nearest in Degree, so you are the fittest Witnesses unto Kings.

The Complaint I speak of is for staying mens Goods that denied Tonnage and Poundage, this may have an easie and short conclusion, if my words and actions be rightly understood: for by passing the Bill as my An∣cestors have had it, my by-past actions will be included, and my future proceedings authorized, which certainly would not have been stuck on, if men had not imagined that I had taken these duties as appertaining to my He∣reditary Prerogative, in which they are much deceived, for it ever was and still is my meaning, by the gift of my People to enjoy it, and my intention in my Speech at the ending of the last Session concerning this point, was not to challenge Tonnage and Poundage as of right, but de bene esse, shewing you the necessity, not the right by which I was to take it, until you had granted it to me, assuring my self, according to your gene∣ral professions, you wanted time, not will, to give it me.

Wherefore now having opportunity, I expect that without loss of time, you make good your professions, and so by passing of a Bill, put an end to all the Que∣stions arising from this Subject: especially since I have cleared the only Scruple that can trouble you in this business; to conclude, let us not be jealous one of the others actions, for if I had been easily moved at eve∣ry occasion, the Order you made on Wednesday last might have made me startle, there being some shew to suspect that you had given your selves the liberty to be the Inquisitors after Complaints (the words of your Order being somewhat too largely penn'd) but looking into your actions, I find you only hear Complainers, not seeking Complaints: for I am certain you neither pretend, nor desire the liberty to be Inquisitors of mens actions before particular complaint be made.

This I have spoken to shew you how slow I am to be∣lieve harshly of your proceedings; likewise to assure you, that the, Houses Resolutions, not particular mens Speeches, shall make me judge well or ill, not doubting, but ••ccording to my example, you will be deaf to ill re∣ports concerning me, till my words and actions speak for themselves, that so this Session beginning with confidence one towards another, it may end with a perfect good understanding between us: Which God grant.

ON Monday, Jan. 26. Mr. Secretary Cook de∣livered a Message from the King to the Ho••se of Commons, that the Bill for Tonna••e and Poundage might be speedily taken into consi∣deration, and that time might not be slipt; and and did very much press (in his Majesties name) the reading thereof, as a matter of weight and importance; and said, That he spake it for their service, and that moderation in their proceedings would be of great advantage to them.

But the House must not be prescribed unto by his Majesty, but were resolved to pass by the mat∣ter of Tonnage and Poundage; and first settle what they termed matters of Religion (viz.) the Arminian Controversies, which truly had they done, they might have been the longest Parliament that ever sate in England; and his Majesty, for ought we know, might have been without Sup∣ply or Subsidy till this day. Whereupon the De∣bate growing pretty hot in that House, the Zeal of Mr. Rouse against the Popery of the fore-men∣tioned Tenents prompted him to speak as fol∣loweth:

Mr. Speaker,

WE have of late entred into consideration of the Petition of Right, and the viola∣tion * 1.5 of it, and upon good reason; for it con∣cerns our Goods, Liberties, and Laws: but there is a Right of higher nature, that preserves for us far greater things, Eternal life, our Souls, yea, our God himself: a Religion derived to us from the King of Kings, confirmed upon us by the Kings of this Kingdom, Enacted by Laws in this place, streaming down to us in the blood of Mar∣tyrs, witnessed from Heaven by Miracles, even miraculous deliverances; and this Right, in the name of this Nation, I this day require and claim, that there may be a deep and serious con∣sideration of the violation of it; I desire it may be considered, what new paintings are laid on the old face of the Whore of Babylon, to make her shew more lovely, and to draw so many Sui∣tors to her. I desire that it may be considered, how the See of Rome, doth eat into our Religi∣on, and fret into the Banks and Walls of it, the Laws and Statutes of this Realm, especially since those Laws have been made in a manner by themselves, even by their own Treasons, and bloody Designs: And since that Popery is a con∣fused heap of Errors, casting down Kings before Popes, the Precepts of God before the Traditi∣ons of men (living and reasonable men) before dead and sensless stocks and stones; I desire that we may consider the increase of Arminianism, an Error that makes the Grace of God Lackey it af∣ter the will of man, that makes the Sheep to keep the Shepherd, and makes a mortal seed of an im∣mortal God. Yea, I desire that we may look into the very belly and bowels of this Trojan Horse, to see if there be not men in it ready to open the Gates to Romish Tyranny, and Spanish Monarchy: for an Arminian is the Spawn of a Papist, and if there come the warmth of favour upon him, you shall see him turn into one of those Frogs that rise out of the bottomless Pit; and if you mark it well, you shall see an Armini∣an reaching out his hand to a Papist, a Papist to a Jesuite, a Jesuite gives one hand to the Pope, another to the King of Spain, and these men having kindled a fire in our Neighbour-Country, now they have brought over some of it hither, to set on flame this Kingdom also; Yea, let us further search and consider, whether these be not the men, that break in upon the Goods and Liberties of this Common-wealth; for by this means they make way for the taking away of our Religion: It was an old trick of the Devil, when he meant to take away Job's Religion, he begun at his Goods, saying, Lay thy hand on all he hath, and he will curse thee to thy face. Either they think thereby to set a di∣staste

between Prince and People, or else to find some other way of Supply, to avoid or break Parliaments; that so they may break in upon our Religion, and bring in their errors. But let us do as Job did, who being constant against temp∣tation, held fast his Religion, and his Goods were restored to him with advantage; so if we hold fast God and our Religion, these things shall be added unto us: Let us consider the times past now, how this Nation flourished in honour and abundance, when Religion flourished amongst us; but as Religion decayed, so the honour and strength of this Nation decayed also; When the Soul of a Common-wealth is dead, the Body cannot longer over-live it. If a man meet a Dog alone, the Dog is fearful, though never so fierce by nature; but if that Dog have his Master by him, he will set upon that man, from whence he fled before. This shews, that lower natures be∣ing backt with the higher, increase in courage and strength; and certainly man being backt with Omnipotency, is a kind of Omnipotency. All things are possible to him that believeth, and where all things are possible, there is a kind of Omnipotence. Wherefore let us now by unani∣mous consent and resolution of us all, make a vow and covenant, henceforth to hold fast, I say, to hold fast our God, and our Religion; and then may we from henceforth cer∣tainly expect prosperity on this Kingdom and Nation: And to this Covenant let every man say, Amen.

But on what account these Opinions are called Popery, we are yet to seek, notwithstanding these or any of these Votes of the House of Com∣mons: for these Opinions are Disputed in the Church of Rome, both one way and the other; the Dominicans are Calvinists, and the Jesuite disputes on the side of Arminius; so that by this Logick, the Calvinian Doctrines may be call'd Popish as well as those of the adverse Party: for that it is most cer∣tain (as hath been lately since observed) that our first Reformers were neither influenced in their Reformation by either the Lutheran or Calvinian Doctrines, but by the constant current of Antiqui∣ty. And the way of Melancton (thought by some) most consonant thereto, was approved not only by Bishop Hooper on the Decalogue, and by Bishop Latimer in his Sermons, but also (say they) by the Compiler of the Book of Articles, and the Book of Homilies, which are the publick Monu∣ments of this Church in points of Doctrine; but the Calvinists entring the same way, there arose a difference in particular Judgments of their De∣bates, the matter controverted Pro and Con, by some Confessors in Prison, in the time of Queen Mary. She Dead, and our exiled Divines re∣turning from Geneva, Basil, and Frankford (where Calvin's Dictates became Oracles) brought with them his Opinions of Predestination, Grace and Perseverance, which they scattered over all the Church: by whose Authority and double dili∣gence of the Presbyterian Party, to advance their holy discipline; it became universally received as the only true Orthodox Doctrine, and so main∣tained in the School at Cambridge: insomuch that when Peter Baro, a French-man, Professor for the Lady Margaret there, reviving Melancton's way in his publick Lectures, and drawing others to the same perswasion, he was complained of by Dr. Whitaker, Dr. Will••t, Mr. Chaterton, Mr. Perkins, and such like, unto the Archbishop of Canterbury, Dr. Whitgift, to suppress that Faction; who As∣sembling at Lambeth, Dr. Richard Fletcher, Bishop of London, and Dr. Richard Vaughan elect of ••an∣gor, with the advice of Dr. Whitaker, Dr. Tindal, and others, all Partys to the Sute, agree on the Nine Articles to be sent to Cambridge, for com∣posing their present Controversie, the 26 of No∣vember 1595.

Dr. Baro was discouraged at the end of his first three years, quits his Reading, and retires home to France, leaving the University in much disor∣der, for lack of such his abilities. Amongst his fol∣lowers, was one Mr. Barret, who in his Sermon at St. Maries, not only defended Baro, but offend∣ed the Opinions of Calvin, Beza, and such others of the Reformators, of which he was convented before the Heads, and by them May 5. next fol∣lowing, he was prescribed his Recantation, and did so, yet the contentions were disputed higher, the Nine Articles of Lambeth came down, hear∣tened upon this occasion; otherwise perhaps they had not come at all.

But though these Articles were thus (and no otherwise) made and agreed, and made known to Queen Elizabeth by William Lord Burleigh, Lord Treasurer of England, and Chancellor of the Uni∣versity, who misliked the tenents and proceedings: She much offended with such Innovations in the publick Doctrine of the Church, resolved to At∣taint them all of Premunire; but upon received esteem at the request of that Prelate and Arch∣bishop (whom she called her Black Husband) did favourably admit his excuse: She commanding him to recall and suppress those Articles, for a long time not a Copy thereof was to be found, though after by degrees they peept out. And again in the Conference at Hampton-Court, 1603. Dr Reynolds desires, that the Nine Assertions Orthodoxal (as he stiles them) concluded upon at Lambeth, might be inserted in the Book of Articles of the Church of England: the King unacquainted with such No∣vel Doctrine, asked what they were; and was told as before-said, to which he answered, That when such Questions arise among Scholars, the quiet∣est proceedings were to determine them in the Ʋniver∣sity, and not to stuff the Book with all conclusions Theological; see Conf. p. 24, 40, 41. Now let the Reader judge of the matter, whether these Nine Assertions of this Doctrine thus authorized, are so Canonically confirmed as to determine them the Orthodox Doctrine of the Church of England, and those men for Arminians that do not subscribe to them.

This matter was referred to a Committee, which one nameth the first Committee for Religi∣on that ever fate for the regulation of Religion by the Commons of England; and further they took upon them to enquire what persons the King had advanced to Ecclesiastical preferments, and of what perswasions, and to whom Pardons had been given; and though his Majesty did again press that House to proceed upon the Bill of Tonnage and Poundage; yet they prefer the matter of Religi∣on, so they called it, for it did concern both his Majesty and the Subject, and That t•••• ••ork of the Lord must not be done negligently (as the Collector hath it) the House was resolved into a Commit∣tee to determine upon these grand Points, and thereat Mr. Pym spake as followeth:

TWO diseases there be (said he) the one * 1.6 old, the other new; the old, Popery; the new, Arminianism. There be three things to be inquired after concerning Popery.

1. The cessation of the execution of Laws against Papists.

2. How the Papists have been employed and countenanced.

3. The Law violated in bringing in of super∣stitious Ceremonies amongst us, especially at Durham by Mr. Cozens; as, Angels, Crucifixes, Saints, Altars, Candles on Candlemas-day, burnt in the Church after the Popish manner.

For Arminianism, let it be advised.

1. That a way be open for the Truth.

2. That whereas by the Articles set forth 1652. and by the Catechism set forth in King Edward the Sixth's daies, and by the writing of Martin Bucer and Peter Martyr, who were employed in making our Articles; and by the constant pro∣fessions, sealed by the blood of so many Martyrs, as Cranmer, Ridley, and others; and by the 36 Articles in Queen Elizabeths time, and by the Articles agreed upon at Lambeth, as the Doctrine of the Church of England, which King James sent to Dort and to Ireland, and were avowed by us and our State; his Majesty hath expressed himself, in preserving unity in Religion esta∣blished, though his Royal intention, notwith∣standing, hath been perverted by some to sup∣press the Truth. Let us shew wherein these late opinions are contrary to those settled Truths, and what men have been since preferred, that have professed these Heresies; what pardons they have had for false Doctrine; what prohibiting of Books and Writings against their Doctrine, and permitting of such Books as have been for them; Let us enquire after the Abettors; let us enquire also after the Pardons granted of late to some of these, and the presumption of so in that dare preach the contrary to Truth before his Majesty. It belongs to the duty of a Parliament to establish true Religion, and to punish false; we must know what Parliaments have done for∣merly in Religion. Our Parliaments have con∣firmed general Councils. In the time of King Henry VIII. the Earl of Essex was condemned for countenancing Books of Heresie: For the Convocation, it is but a Provincial Synod of Can∣terbury, and cannot bind the whole Kingdom. As for York, that is distant, and cannot do any thing to bind us or the Laws; for the High Com∣mission, it was derived from Parliament.

Upon Wednesday, 28 of January, Mr. Secreta∣ry Cook delivered another Message to the House * 1.7 concerning the precedency of Tonnage and Poun∣dage, declaring, that his Majesty intends not thereby to interrupt them, as to Religion, so that they do not intrench on that which belongs not to them; which Message was seconded by Sir Tho∣mas Edmonds, in these words:

Notes

• * 1.1

  The Com∣mons Re∣mon∣strance of Tonnage and Poundage.
• * 1.2

  The King ends this Session in Person, and de∣clares the reason.
• * 1.3

  〈◊〉〈◊〉 Priests to be sent to Misbitch.
• * 1.4

  The Kings Speech to both Houses in the Ban∣quetting House.
• * 1.5

  Mr. 〈◊〉〈◊〉 Speech concern∣ing Religi∣on.
• * 1.6

  Mr. Pym's Speech concern∣ing Re••••∣g••on.
• * 1.7

  Message by Secre∣tary Cook about Tonnage and Poun∣dage.