Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet.

March 26. 1628.

[Car. 3] Then the King's Proposals were taken into con∣sideration for Supplies. They had a Conference with the Lords touching Recusants, and their Hie∣rarchy here secretly exercised. They agreed upon a Petition to the King. That the Laws against Ro∣mish Priests might be executed, That Children may not be transported beyond Sea to be bred Papists, That Re∣cusants may be confined according to law, That they may not be permitted to resort to Ambassadors houses to Mass, That they may not be in Offices, That the Judges be commanded to put the laws in Execution against them, and to give an account thereof, And that Recu∣sants Children may be brought up in the Protestant Religion. All which the King granted.

The Commons also Voted, That no Freeman * 1.1 ought to be confined by the King, Privy Council, or o∣thers, but by Act of Parliament, or due course of Law.

And they debated the point of foreign Imploy∣ment against ones will.

They had a Message from the King to convince some false Reports that had been raised of what had passed at the Council; and that the Duke spake nothing against the Parliament, but was the first mover for it.

Upon a second Message, They unanimously Vote 5 Subsidies, with which the King was much pleased, * 1.2 and the Duke highly extolled it; whereof Secreta∣ry Coke informed the House, but exception was taken, That the Duke's name was mixed with the King's.

The Commons at a Conference acquaint the Lords with their resolutions touching the Subjects Liber∣ty, * 1.3 and Right, confirmed by 7 Acts of Parliament, in point; Magna Charta being one, 12 presidents in Terms, and 31 more, and the reason cleered.

The King desires, That the Commons would make no recess at Easter. This is excepted to, * 1.4 as against their privilege; who may adjourne when they please. They Resolve that Greivances and Supply shall go hand in hand together.

An unpleasing Message comes to them from the King, which raised debate, and the speaker deli∣vered * 1.5 to the King a Petition touching Billetting of * 1.6 Souldiers, and an excuse touching the King's supply that they did not delay it. They vindicate their own proceedings, and pray, not to be misunderstood.

The matter of Billetting of Souldiers, and the unlawfulness and miseries of it, were fully opened in the Petition: and present remedy prayed of that Insupportable burden.

The Lords and Commons debated the point of * 1.7 Marshal Law, and touching a Petition of Right,

[Anno 1628] against which the King's Serjeant Ashley argued, that the Proposal of the Commons tended to Anar∣chy; and that they must allow the King to govern by Acts of State, for which the Lords committed him; and he recanted.

At a free conference, the Lords and Commons debated of proposals to the King, touching the property and liberty of the Subject, made by the Lords; with which the Commons were unsatis∣fied.

The King pressed for Supplies, and declared that he holds Magna Charta, and the other 6 Statutes to be in force, and will govern according to Law. And it was advised to rely upon the King's promise, but all were not satisfied to doe it; and a Bill was or∣dered to be drawn concerning the substance of Mag∣na Charta, and the other 6 Statutes.

The King sends another Message to the Com∣mons * 1.8 to know if they will rest on His Royal Word, which he will perform. They debate upon it, and some say his word is to be taken in a Parliamentary way.

He sends another Message to hasten them; and * 1.9 that he will end this Session within a senight. The Commons attend him, and answer his Messages, give him humble thanks for them; and desire that by a Bill they may satisfy the people of their Rights; and that they do not intend to incroach upon the King's Pre∣rogative.

The King is contented that a Bill be past to con∣firm Magna Charta, and the other 6 Statutes with∣out additions. After this by another Message they were pressed to rely on the King's Word. In the * 1.10 debate hereof, the Door of the House was shut. They resolve upon the Petition of Right, and pre∣sent it to the Lords for their concurrence; and * 1.11 resolve the times of payment of the 5 Subsidies.

The Lords at a Conference acquaint the Com∣mons with a Letter from the King to them where∣in * 1.12 he much insists upon some Cases of Committment so transcendent that they may not be discovered; and which are above the capacity of the Judges; but promiseth to observe the Laws; and agrees that Magna Charta and the other 6 Statutes are in force; and desires expedition. The Lords pro∣pound * 1.13 an addition or saving to the Petition of Right, not to infringe Sovereign Power.

The Commons did not like the word Sovereign Power, nor any saving in the Petition of Right, and gave their reasons at a Conference with the Lords, why they could not agree to this saving. The Lords were satisfied, and both Houses concur∣red, then the Bill of Subsidies was read and commit∣ted.

A charge was brought into the House by Mr. Pym against Dr. Manwaring, That he by his * 1.14 Divinity Indeavoured to destroy the King and King∣dome.

The Fleet under the Command of the Earl of Denbigh, sailed to Rochel, and finding there some French Ships, would not assault them, though fewer and weaker than themselves by many de∣grees; but after shewing themselves onely, they returned and left Rochel unreleived.

The Council here being informed thereof, and some Parliament Men; Letters were sent from the Council to the Duke, to order the Earl of Denbigh to go again and to releive Rochel.

Both Houses presented to the King the Petition of Right, he promiseth a gracious Answer. The * 1.15 Petition is read, and his Answer was, That Right be done according to Law; and the Statutes be put in due execution.

This Answer did not satisfie the Commons; and in debate of it, Sir Jo. Elliot fell upon the pub∣lick Greivances, and moved that a Remon∣strance of them might be made to the King, but this was by some held unseasonable, yet it was seconded, and a Committee made about it.

The King sends to the House, that he will not * 1.16 alter his Answer, and intends to conclude this Ses∣sion within a week. They send to the Lords the charge against Manwaring for his Sermons, That * 1.17 the Subjects under pain of Damnation ought to pay the loan, and obey the King's Will in all things. He is sentenced by Fine and Imprisonment, disabled to to have any Ecclesiastical preferment, and to make a submission.

The King sends another Message to the Com∣mons * 1.18 not to entertain any long business, for that he will keep his time of concluding this Session; and that they lay no aspersions upon the Government, or Mini∣sters of State. Hereupon Sir Jo. Elliot beginning to speak, the Speaker fearing that he intended to fall upon the Duke, rose up and said, there is a Command upon me, that I must command you not to proceed in this matter.

The Commons declare, that no undutiful speech hath been spoken by any Member. Sir Ed. Coke na∣med the Duke to be the cause of all their miseries, and moves to goe to the King, and by word to acquaint him; Selden seconds it, and moves for a Declaration against the Duke, that Judgment be demanded against him, upon his Impeachment in the last Parliament.

The King sends to the Commons to Adjourne * 1.19 till the next day, and they did so; but were in much disturbance, yet upon another Message * 1.20 brought by the Speaker, the former Restraint was qualified; and the King sent also a courting Message to the Lords.

Both Houses agree to Petition the King for a * 1.21 satisfactory answer to the Petition of Right. The Commons proceed about their Declaration. They examine the business about raising 1000 German Horse, under Balfour and Dalbier, and providing Arms for them.

The King gave another Answer to the Petition * 1.22 of Right, soit Droit fait comme il est desire, which satisfied the Commons, and all good men; and is the same in the printed Act, and so that excellent Law passed.

The Commons sent for the Commission of Ex∣cise, presented it to the Lords, and prayed that it might be damned. The Duke is again named in the House to be mentioned in their intended Re∣monstrance, as the cause of all their Evils. Sir Hum. May, Sir H. Martyn, Sir Ben. Rudyard and others endeavoured to moderate the House; but they Voted the Duke to be named in their Remonstrance.

Dr. Lambe was set upon in the Streets by the * 1.23 Rabble, and called Witch, Devill and the Duke's Conjurer, and beaten that he died, the Council wrote to the Lord Mayor to find out, and punish the chief actors therein, but none were found.

The Commons Voted Bishop Neal and Laud, to * 1.24 be named in their Remonstrance, as suspected to be Arminians, and they named the Duke's power, and the abuse of it; and prayed the King to consi∣der, whether it were safe that such a person should be so near him.

The Remonstrance was perfected, and in it com∣plements * 1.25 to the King; and the duty of Parliaments to make known to him publick Greivances, which other∣wise he could not know, then they mention their fears of some Indeavours to Introduce Popery.

They shew the favourers of Papists, and the fa∣vours to them, amounting to a tolleration, or little less. The spreading the faction of Arminians, and the prac∣tice

of Popery in Ireland, and the religious houses there newly founded; the fear of the change of Government, in the loans, Billetting of Soldiers, German Horse, taking of Tunnage and Poundage without Grant by Parliament. The Voyages to Cadez, Rea, Rochel, want of Powder, yet then the King's Powder sold; the loss of trade, and not guarding the Seas.

The cause of all the evils they conceive to be, the ex∣cessive power of the Duke of Bucks, and his abuse of that power; and they submit to the King's Wisedom whether it be safe to continue that power, or the Duke so near the King's person.

They desire access to the King; and order the Speaker (though unwilling) to deliver the Remon∣strance, the King sends a Message that he intends to * 1.26 end this Session. The Commons proceed in the Bill for Tunnage and Poundage.

By the King's appointment, an order is made in the Star Chamber, to take off from the file, the Bill there against the Duke and his answer, the King being satisfied of the Duke's Innocency.

The Duke denies the speaking of any words at his Table, against the Commons, as one of their Members reported: and charged one Melvin a Scotchman, for saying that the Duke intended to put the King upon a war against the Commonalty, with the assistance of Scotland and the like, and that Sir. Tho. Overbury had poysoned Prince Henry by his Insti∣gation.

The King Cancelled the Commission of Ex∣cise.

The Commons order a Remonstrance to be * 1.27 drawn of the Peoples Rights; and of the undue taking of Tunnage and Poundage, without the grant of it by Parliament, which being ready, the Speaker, who was before sent for to the King, came late, and while the Remonstrance was in Reading, the King sent for the House, and spake to them touching it, and took offence that it men∣tioned Tunnage and Poundage taken without Grant by Parliament, as contrary to his Answer to the Petition of Right; which he excused, and said he could not want Tunnage and Poundage.

Then he passed the Bill of Subsidies, and other Bills, and the Lord Keeper declared the King's * 1.28 pleasure to Prorogue the parliament; which was so done, by Proclamation.

Manwaring's Books were supprest by another Proclamation, and compositions for Recusants Estates directed by another; and to search for and commit Popish Priests by another.

Dr. Mountagu was made a Bishop, and Dr. Man∣waring (though disabled by sentence) was prefer∣red to a good living, and both were pardoned.

The chief Baron Walter is put out, and the King said of Judge Whitelocke, that he was a stout, wise, and a learned man, and one who knew what belongs to uphold Magistrates and Magistracy, in their dignity, and there was some speech of making him cheif Baron in the room of Walter; But Whitelocke had no great mind to succeed Walter; because Walter alledged that his Pattent of that office was quam diu se bene gesserit and that he ought not to be removed but by a Scire facias.

Rochel being besieged, the Duke was appointed to goe with the Fleet to relieve it, and being for that end at Portsmouth, with much company, he was suddenly stabbed to the heart, by one Lieute∣nant * 1.29 Felton; and fell down presently, crying the Villain hath slain me, and so dyed. When some that came in suspected Monsieur Sabise to have done it; Felton stepped forth, and said I am he that did it, let no Innocent man suffer for it, and so was ap∣prehended, not offering to Escape, and was sent to prison.

The King (notwithstanding) went on with the design to releive Rochel, and the Fleet went thither, but returned without doing any service; being ill provided, and their Victuals stunck. Upon this, the Rochellers were so much distressed, that of 15000 men but 4000 remained alive; the rest perished with hunger. The Souldiers that returned, and were billetted up and down, committed great In∣solencies.

Upon the Peace made between England and France, the Protestants there for a time, had a lit∣tle more Indulgence.

Morgan was sent with the Lord Vere to Gluck∣stadt. The Privy Council wrote to Dalbier, to dispose of the German Horse to the King of Swe∣den, or to the King of Denmarke.

After the Duke of Bucks death, Bishop Laud had great favour with the King.

The meeting of the Parliament was Proto∣gued. * 1.30

Many in London resort to Felton in prison, he saith he is sorry for his fact, but he was induced to it by the Parliament's Remonstrance. The same he said to the Council; and denyed that the Puritans, or any other set him on, or knew of his purpose.

Bishop Laud told him if he would not confess, that he must go to the Rack, he said he knew not whom he might accuse, perhaps Bishop Laud, or any other in that torture. The Council, by the King's directi∣ons, sent to the Judges for their opinions, whether he might be racked by the Law. They all agreed, that by the Law he might not be put to the Rack.

Some Merchants were committed for not paying * 1.31 Tunnage and Poundage according to the King's Declaration. Chambers, one of them, brought his Habeas Corpus: and it was returned that he was com∣mitted for Insolent words spoken by him at the Council Table, that the Merchants were scrued up in England more than in Turkey, but the words not being in the Return, it was mended; and he was dischar∣ged by Bayle, the Council were offended at it, and rebuked the Judges; but they Justified what they had done.

Felton was tryed at the King's Bench, and had Judgment of death, he shewed remorse, and offe∣red his hand to be cut off, which the King desired might be done, but the Judges said, it could not be by Law, and he was hanged in Chains. * 1.32

Mr. Vassall was brought into the Exchequer for not paying Tunnage and Poundage, he pleaded * 1.33 Magna Charta, and the Statute de Tallagio non con∣cedendo; and that this Imposition was not by assent in Parliament. The Barons refused to hear his Coun∣cil; gave Judgment against him; and Imprisoned him.

Chambers having his goods seised, sued a Reple∣vin; the Barons stayed it, and all other Replevins in the like case, by an Injunction to the Sheriffs, and ordered the double value of his goods to be seised, and the like was in the case of Mr. Rolls.

At the Council it was resolved before hand to Justifie these proceedings, when the Parliament should meet; and if the Parliament did not pass the Bill for Tunnage and Poundage, then to break it. And those of the Council, that were Members of the House of Commons, were directed what to say, if the House should fall upon any of the King's Ministers.

The Parliament met, and found the Petition of * 1.34 Right to be Printed with some Additions; and the Copies first Printed without the Additions were suppressed by the King's order. And they were in∣formed of the seising of the Merchants goods, per∣ticularly of Mr. Rolles, then a Member of Parlia∣ment; and that the Customers said, If all the Par∣liament

were concerned in the Goods, they would seise them. These things were referred to a Committee. The King sent for both Houses; spake to them in justification of his taking Tunnage and Poundage, untill they should grant it to him; wished them to do it, * 1.35 and not to be Jealous of the actions of one another, He sends another Message to them to expedite that Bill, they are troubled that it should be imposed on them, which should first move from them.

They consider of the Grievancies since the last Session: Of the increase of Arminians and Papists. Pym moves to take a Covenant to maintain our Religion and Rights, they proceed touching Religion, before Tunnage and Poundage; and touching the late In∣troducing of ceremonies by Cosins and others; and the late Pardons.

Another Message comes for Tunnage and Poun∣dage * 1.36 to be before Religion. The Gourtiers second it. Some Bishops are mentioned for Introducing the Ceremonies. A Fast is petition'd for. The King answers, That for our Protestant friends abroad, fighting would do more good than fasting; but grants a fast now, so as it be not too frequent.

The Commons make a Declaration to the King, * 1.37 why they proceed upon Religion, before Tunnage and Poundage. Shewing the danger Religion is in; and the necessity to secure it, as the cheif matter of all other, and therein they court the King, and pray that their proceedings may be acceptable.

The King answers, that this gives him no satis∣faction, * 1.38 that any Member of their house may bring in any Bill; That he, who calls them, may cause a Bill to be brought in to them; and that he will not stop his ear to the matters of Religion: and presseth their procee∣dings for Tunnage and Poundage.

In their debate, some excepted against the King's Declaration, giving countenance to Armi∣nians, * 1.39 and discountenancing Puritans. It was moved that the Marchants might have their goods restored, which were seised for not paying Tunnage and Poundage; and they sent to the Barons of the Exchequer, to nullify the Injunction by them gran∣ted against the Replevin, sued out by the Merchants. The Barons Justifie the Injunction in the King's case: but the House was not satisfied.

They take notice of the pardons granted to Manwaring, Sibthorp and others; and Mr. Oliver Cromwell Informed them of the countenancing of Popery by the Bishop of Winton, and the Booksel∣lers petition saith that Books against Popery were sup∣pressed, and Books in favour of Popery were frequently licensed. The House takes these matters into Con∣sideration. Secretary Coke tells them, the King's zeal against Popery. Mr. Attorney gives an account of proceedings against Priests, and of the College at Clerkenwell; but to some questions of the House, he did not answer, being as he said forbidden by the King.

The Customers questioned for taking the Goods of Parliament men answer, that they conceive no privilege of Parliament is in this case. This dista∣sted the House, and being in debate of it, the King sent a Message that what the Customers did, was by * 1.40 his order; and that he would not have his particular Interest severed from that of his Servants, who acted by his Command.

The order of the Council for levying of Tun∣nage and Poundage was read in the House. They voted the seising of Mr. Rolles his Goods to be a * 1.41 breach of privilege; a hot debate is upon it, The Speaker being called upon to put the Question pro∣posed, said he durst not, for that the King had com∣manded the contrary. The House in some distur∣bance adjourne to a day, and then being met again they wish the Speaker to put the former Question, but he refused; and said, he had a command to Ad∣journe the House, and endeavouring to go forth of his Chair, some Members held him by force in it; others locked the door of the House, and brought up the Keys to the Table.

Others read a protestation ready drawn, which * 1.42 they voted, and it was, That whosoever should bring in Innovation of Religion, Popery or Arminianism, and any that should advise the taking of Tunnage and Poundage not granted by Parliament, or that should pay the same, should be accounted Enemies to the King∣dome.

The King sent for the Serjeant of the House, but he was detained, the House door being locked, then he sent the Gentleman Usher of the Lords House with a Message, but he was denyed admittance, till * 1.43 the Votes were read, then in confusion the House Adjourned to a day, and before that day, the King by Proclamation dissolved the Parliament, and shewed his reasons for it.

Warrants of the Council Issued for Hollis, Selden, * 1.44 Hobert, Elliot, and other Parliament men, to ap∣pear before them; Hollis, Curriton, Elliot, and Va∣lentine appeared, and refusing to answer out of Par∣liament, for what was said and done in Parliament, they were committed close prisoners to the Tow∣er; and a Proclamation for apprehending others went out, and some of their studies were sealed up; These warrants were dated 5 March.

On the 10^th. of March, the day to which the * 1.45 Parliament was Adjourned, the King in the Lords House (they being in their Robes, but the Speaker * 1.46 and House of Commons not called) spake to the Lords, courting them, and said it was meerly the seditions carriage of some Vipers, Members of the lower House, that caused the dissolving of this Parlia∣ment: but he commended others of the Commons. Then he bid the Lord Keeper to do his office, who said My Lords, and Gentlemen of the House of Com∣mons, (though the House of Commons were not called) The King doth dissolve this Parliament.

The people were discontented, Libels were cast abroad, especially against Bishop Laud, and Weston the Treasurer.

The King resolving to proceed in the Star Chamber against the Parliament men who were committed, propounds some questions to the Judges.

Notes

• * 1.1

  Vote.
• * 1.2

  5 Subsidies Voted.
• * 1.3

  The Sub∣jects Right.
• * 1.4

  Privilege.
• * 1.5

  Message.
• * 1.6

  Petition.
• * 1.7

  Acts of State.
• * 1.8

  Royal Word.
• * 1.9

  Message.
• * 1.10

  Message.
• * 1.11

  Petition of Right.
• * 1.12

  Letter from the King.
• * 1.13

  Sovereign power.
• * 1.14

  D. Man∣waring.
• * 1.15

  Answer to the Petiti∣on of Right.
• * 1.16

  Message.
• * 1.17

  Manwa∣ring.
• * 1.18

  Message.
• * 1.19

  Message.
• * 1.20

  Message.
• * 1.21

  Petition.
• * 1.22

  Another answer to the Petiti∣on of Right. June 7th.
• * 1.23

  Dr. Lambe.
• * 1.24

  Votes a∣gainst Bi∣shop Neal, and Laud, and the Duke.
• * 1.25

  Remon∣strance.
• * 1.26

  Message.
• * 1.27

  Remon∣strance.
• * 1.28

  Parliament Prorogued to Octo. 20.
• * 1.29

  The Duke stabbed by Felton.
• * 1.30

  Parliament Prorogued to Jan. 20.
• * 1.31

  Merchants imprison∣ed for Tun∣nage and Poundage.
• * 1.32

  Felton.
• * 1.33

  Tunnage and Poun∣dage.
• * 1.34

  Jan. 20.
• * 1.35

  King's Speech Message.
• * 1.36

  Message for Tun∣nage and Poundage.
• * 1.37

  The Com∣mons de∣claration.
• * 1.38

  The King's Answer.
• * 1.39

  Grievan∣ces.
• * 1.40

  Message.
• * 1.41

  Votes.
• * 1.42

  Protestati∣on.
• * 1.43

  Message.
• * 1.44

  Members commit∣ted.
• * 1.45

  Parliament dissolved.
• * 1.46

  King's Speech.