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PURITANISM AND LIBERTY
(1603—1660)

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(1603-1660)

I have to acknowledge, with thanks to Messrs. Longmans, Green and Co., leave to reprint the letter to Buckingham, given on [p. 25] of this book, from the edition of the Works of Francis Bacon (edited by Ellis Spedding and Heath); to Professor Firth and the Clarendon Press, Oxford, leave to reprint the passage from Ludlow's "Memoirs," given on [p. 80] of this book; and to Professor Firth, leave to reprint the passage from his edition of the "Clarke Papers," given on [pp. 81-84]. These passages add very greatly to any value which the book may possess, and I am most grateful for permission to use them.

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Hampstead,
June, 1912.

[TABLE OF CONTENTS]

PURITANISM AND LIBERTY

1603-1660

[COKE AND RALEIGH (1603).]

Source.—State Trials. Vol. ii., p. 25.

Serjeant Philips. I hope to make this so clear, as that the wit of man shall have no colour to answer it. The matter is Treason in the highest degree, the end to deprive the king of his crown. The particular Treasons are these: first to raise up Rebellion, and to effect that, to procure Money; to raise up Tumults in Scotland, by divulging a treasonable Book against the king's right to the crown; the purpose, to take away the life of his majesty and his issue. My lord Cobham confesseth sir Walter to be guilty of all these Treasons. The question is, whether he be guilty as joining with him, or instigating of him? The course to prove this, was by lord Cobham's Accusation. If that be true, he is guilty; if not, he is clear. So whether Cobham say true, or Raleigh, that is the question. Raleigh hath no answer but the shadow of as much wit, as the wit of man can devise. He useth his bare denial; the denial of a Defendant must not move the Jury. In the Star Chamber, or in the Chancery, for matter of Title, if the Defendant be called in question, his denial on his oath is no Evidence to the Court to clear him; he doth it in propria causa; therefore much less in matters of Treason. Cobham's testification against him before them, and since, hath been largely discoursed.

Raleigh. If truth be constant and constancy be in truth, why hath he forsworn that that he hath said? You have not proved any one thing against me by direct Proofs, but all by circumstances.

Coke (Attorney-General). Have you done? The king must have the last.

Raleigh. Nay, Mr. Attorney, he which speaketh for his life, must speak last. False repetitions and mistakings must not mar my cause. You should speak secundum allegata et probata. I appeal to God and the king in this point, whether Cobham's Accusation be sufficient to condemn me.

Coke. The king's safety and your clearing cannot agree. I protest before God, I never knew a clearer Treason.

Raleigh. I never had intelligence with Cobham since I came to the Tower.

Coke. Go to, I will lay thee upon thy back, for the confidentest Traitor that ever came at a bar. Why should you take 8,000 crowns for a peace?

Lord Cecil. Be not so impatient, good Mr. Attorney, give him leave to speak.

Coke. If I may not be patiently heard, you will encourage Traitors, and discourage us. I am the king's sworn servant, and must speak; If he be guilty, he is a Traitor; if not, deliver him.

[Note.—Here Mr. Attorney sat down in a chafe, and would speak no more, until the Commissioners urged and intreated him. After much ado, he went on, and made a long repetition of all the Evidence, for the direction of the Jury; and at the repeating of some things, sir Walter Raleigh interrupted him, and said, he did him wrong.]

Coke. Thou art the most vile and execrable Traitor that ever lived.

Raleigh. You speak indiscreetly, barbarously and uncivilly.

Coke. I want words sufficient to express thy viperous Treasons.

Raleigh. I think you want words indeed, for you have spoken one thing half a dozen times.

Coke. Thou art an odious fellow, thy name is hateful to all the realm of England for thy pride.

Raleigh. It will go near to prove a measuring cast between you and me, Mr. Attorney.

Coke. Well, I will now make it appear to the world, that there never lived a viler viper upon the face of the earth than thou....

[JAMES AT HAMPTON COURT (1603).]

Source.—State Trials. Vol. ii., p. 85.

Dr. Reynolds. I desire, that according to certain provincial constitutions, the clergy may have meetings every three weeks.—1. First in Rural Deaneries, therein to have prophesying, as archbishop Grindall, and other bishops, desired of her late majesty.—2. That such things as could not be resolved on there, might be referred to the archdeacons' visitations.—3. And so to the Episcopal Synod, to determine such points before not decided.

His Majesty. If you aim at a Scottish Presbytery, it agreeth as well with monarchy, as God and the devil. Then Jack, and Tom, and Will, and Dick, shall meet and censure me and my council. Therefore I reiterate my former speech, Le Roy s'avisera; Stay, I pray, for one seven years, before you demand, and then if you find me grow pursy and fat, I may, perchance, hearken unto you, for that government will keep me in breath, and give me work enough. I shall speak of one matter more, somewhat out of order, but it skilleth not; Dr. Reynolds, you have often spoken for my Supremacy, and it is well: but know you any here, or elsewhere, who like of the present government ecclesiastical, and dislike my Supremacy?

Dr. Reyn. I know none.

His Maj. Why then I will tell you a tale: after that the religion restored by king Edward the sixth, was soon overthrown by queen Mary here in England, we in Scotland felt the effect of it. For thereupon Mr. Knox writes to the queen regent (a virtuous and moderate lady) telling her that she was the supreme head of the Church; and charged her, as she would answer it at God's tribunal, to take care of Christ his Evangil, in suppressing the Popish prelates, who withstood the same; but how long trow you did this continue? Even till by her authority the Popish bishops were repressed, and Knox with his adherents, being brought in, made strong enough. Then began they to make small account of her supremacy, when, according to that more light, wherewith they were illuminated, they made a further reformation of themselves. How they used the poor lady my mother, is not unknown, and how they dealt with me in my minority. I thus apply it. My lords, the bishops, I may [This he said putting his hand to his hat] thank you that these men plead thus for my Supremacy. They think they cannot make their good against you, but by appealing unto it; but if once you were out, and they in, I know what would become of my Supremacy, for No Bishop, No King. I have learned of what cut they have been, who, preaching before me, since my coming into England, passed over, with silence, my being Supreme Governor in causes ecclesiastical. Well, doctor, have you anything else to say?

Dr. Reyn. No more, if it please your majesty.

His Maj. If this be all your party hath to say, I will make them conform themselves, or else I will harrie them out of the land, or else do worse.

Thus ended the second day's Conference.

[JAMES I. ON MONARCHY.]

Source.—Somers, Tracts. Vol. iii., p. 260.

The state of monarchy is the supremest thing upon earth; for kings are not only God's lieutenants upon earth, and sit upon God's throne, but even by God himself they are called gods. There be three principal similitudes that illustrate the state of monarchy: one taken out of the word of God; and the two other out of the grounds of policy and philosophy. In the scriptures, kings are called gods; and so their power, after a certain relation, compared to the divine power. Kings are also compared to fathers of families: for a king is truly parens patriæ, the politique father of his people. And, lastly, kings are compared to the head of this microcosm of the body of man.

Kings are justly called gods; for that they exercise a manner or resemblance of divine power upon earth. For, if you will consider the attributes of God, you shall see how they agree in the person of a king. God hath power to create or destroy, make or unmake, at his pleasure; to give life or send death, to judge all, and not to be judged nor accountable to none; to raise low things, and to make high things low at his pleasure, and to God are both soul and body due. And the like power have kings: they make and unmake their subjects; they have power of raising and casting down; of life and of death; judges over all their subjects, and in all causes, and yet accountable to none but God only. They have power to exalt low things, and abase high things and make of their subjects like men at the chess; a pawn to take a bishop or a knight, and to cry up or down any of their subjects, as they do their money. And to the king is due both the affection of the soul and the service of the body of his subjects.

[THE VENETIAN AMBASSADOR ON GUNPOWDER PLOT (1605).]

Source.—State Papers: Venetian, 1603-1607. No. 442.

Niccolo Molin, Ambassador in England, to the Doge and Senate.

The King came to London on Thursday evening, the 10th of this month, and made all preparations for opening Parliament on Tuesday, the 15th. This would have taken place had not a most grave and important event upset the arrangement. About six months ago a gentleman, named Thomas Percy, relation of the Earl of Northumberland and pensioner of the King, hired, by means of a trusty servant, some wine cellars under the place where Parliament meets, and stored in them some barrels of beer, the usual drink of this country, as well as wood and coal. He said he meant to open a tavern for the use of servants who attended their masters to Parliament. But among this beer, wood, and coals he introduced thirty-three barrels of gunpowder, besides four tuns, the size of Cretan hogsheads, intending to make use of it at the right moment. About two months ago Lord Salisbury received anonymous letters from France, warning him to be on his guard, for a great conspiracy was being hatched by priests and Jesuits; but, as similar information had been sent about a year ago by the English lieger in France, no great attention was paid to these letters, and they were attributed to the empty-headed vanity of persons who wished to seem more conversant with affairs than became them. Finally, on Monday last, a letter was brought by an unknown person, for it was dark, about two o'clock of the night, to a servant of Lord Monteagle, who was standing at the door. The unknown said, "Please give this to your master: and tell him to reply at once, as I will come back in half an hour for the answer to carry to my master." The servant took the letter, and went upstairs and gave it to his master, who opened it and found it was anonymous, nor did he recognize the hand. The substance of the letter was this, that the writer, in return for the favours received at various times from Lord Monteagle, had resolved to warn him by letter that he should on no account attend Parliament the following morning, as he valued his life, for the good party in England had resolved to execute the will of God, which was to punish the King ... and the Ministers for their bitter persecution employed against the poor [Catholics] ... in such brief space ... he could burn the letter, which he earnestly begged him to do. Lord Monteagle read the letter, and in great astonishment took it to the Earl of Salisbury, who at once carried it to the King, and under various pretexts ordered a search of all the neighbouring houses to see if arms or anything of that sort, which might furnish a clue, were hidden there. Meantime the King read the letter, and in terrified amaze he said, "I remember that my father died by gunpowder. I see the letter says the blow is to be struck on a sudden. Search the basements of the meeting-place." The Chamberlain, with three or four attendants, went straightway to carry out this order. First he inquired who had hired the basements; then he caused the door to be opened and went in. He saw nothing but beer barrels, faggots and coal. Meantime, those who had searched the neighbouring houses came back and reported that they had found nothing of any importance, and when the Chamberlain returned and reported that he, too, had seen nothing but the barrels, faggots and coal this increased the alarm and suspicions of the King, who said, "I don't like these faggots and coal. Go back and shift all the wood and all the coal and see what is underneath, and use all diligence to come to certainty in the matter." The Chamberlain went back, and after shifting the wood he found underneath some barrels of powder, and after shifting the coal he found more barrels. In confusion he returned to the King and told him; and orders were at once given to a certain knight to take a company with him and to set sentinels in various posts to watch who approached the door of the cellars. About two in the morning they saw a man approaching with a dark lantern, but not so well closed as to hide the light completely. The guards cunningly drew back and left him free passage to the cellars, the door of which had been securely fastened as it was at first. The man went in, laid a train of powder and fitted a slow match; the powder and the tinder reached the powder barrels. His intention was to fire the train in the morning. When he had finished his business, as he was coming out, he was surprised by the guard, who asked what [he was doing] at that hour at that place. [He replied] that he had come there, as he had a fancy to see his property. They saw a bag in his hand, and found in it little bits of slow match, and when they turned on the light they saw the train of powder. Thereupon they bound him and took him to the Palace, where some of the Council were awake, waiting the issue of this affair. The man was brought into their presence, and at once confessed that he was servant to Thomas Percy, who had left the evening before, he knew not where for, and was quite ignorant of these facts. He further confessed that it was his firm resolve to have set fire to the mine that morning while the King, Queen, Princes, Clergy, Nobility, and Judges were met in Parliament, and thus to purge the kingdom of perfidious heresies. His only regret was that the discovery of the plot had frustrated its due execution, though it was certain that God would not for long endure such injustice and iniquity. The rest in my next despatch.

[ARGUMENTS IN BATES' CASE (1606).]

Argument of Chief Baron Fleming.

Source.—State Trials. Vol. ii., p. 389.

To the king is committed the government of the realm and his people; and Bracton saith, that for his discharge of his office, God had given to him power, the act of government, and the power to govern. The king's power is double, ordinary and absolute, and they have several laws and ends. That of the ordinary is for the profit of particular subjects, for the execution of civil justice, the determining of meum; and this is exercised by equity and justice in ordinary courts, and by the civilians is nominated jus privatum and with us, common law: and these laws cannot be changed, without parliament; and although that their form and course may be changed, and interrupted, yet they can never be changed in substance. The absolute power of the king is not that which is converted or executed to private use, to the benefit of any particular person, but is only that which is applied to the general benefit of the people, and is salus populi; as the people is the body, and the king the head; and this power is guided by the rules, which direct only at the common law, and is most properly named Policy and Government; and as the constitution of this body varieth with the time, so varieth this absolute law, according to the wisdom of the king, for the common good; and these being general rules and true as they are, all things done within these rules are lawful. The matter in question is material matter of state, and ought to be ruled by the rules of policy; and if it be so, the king hath done well to execute his extraordinary power. All customs, be they old or new, are no other but the effects and issues of trades and commerce with foreign nations; but all commerce and affairs with foreigners, all wars and peace, all acceptance and admitting for current foreign coin, all parties and treaties whatsoever, are made by the absolute power of the king; and he who hath power of causes, hath power also of effects. No exportation or importation can be, but at the king's ports. They are the gates of the king, and he hath absolute power by them to include or exclude whom he shall please; and ports to merchants are their harbours, and repose; and for their better security he is compelled to provide bulwarks and fortresses, and to maintain, for the collection of his customs and duties, collectors and customers; and for that charge it is reason, that he should have this benefit. He is also to defend the merchants from pirates at sea in their passage. Also, by the power of the king they are to be relieved, if they are oppressed by foreign princes, for they shall have his treaty, and embassage; and if he be not remedied thereby, then lex talionis shall be executed, goods for goods, and tax for tax; and if this will not redress the matter, then war is to be attempted for the cause of merchants. In all the king's courts, and of other princes, the judges in them are paid by the king, and maintained by him to do justice to the subjects, and therefore he hath the profits of the said courts. It is reasonable that the king should have as much power over foreigners and their goods, as over his own subjects; and if the king cannot impose upon foreign commodities a custom, as well as foreigners may upon their own commodities, and upon the commodities of this land when they come to them, then foreign states shall be enriched and the king impoverished, and he shall not have equal profit with them; and yet it will not be denied, but his power herein is equal with other states.

Mr. Yelverton's Argument.

Source.—State Trials. Vol. ii., p. 482.

For the first, it will be admitted for a rule and ground of state, that in every commonwealth and government there be some rights of sovereignty, jura majestatis, which regularly and of common right do belong to the sovereign power of that state; unless custom, or the provisional ordinance of that state, do otherwise dispose of them: which sovereign power is potestas suprema a power that can control all other powers, and cannot be controlled but of itself. It will not be denied, that the power of imposing hath so great a trust in it, by reason of the mischiefs may grow to the common-wealth by the abuses of it, that it hath ever been ranked among those rights of sovereign power. Then is there no further question to be made, but to examine where the sovereign power is in this kingdom; for there is the right of imposition. The sovereign power is agreed to be in the king: but in the king is a twofold power; the one is parliament, as he is assisted with the consent of the whole state; the other out of parliament, as he is sole, and singular, guided merely by his own will. And if of these two powers in the king one is greater than the other, and can direct and control the other; that is suprema potestas, the sovereign power, and the other is subordinata. It will then be easily proved, that the power of the king in parliament is greater than his power out of parliament; and doth rule and control it; for if the king make a grant by his letters patents out of parliament, it bindeth him and his successors: he cannot revoke it, nor any of his successors; but by his power in parliament he may defeat and avoid it; and therefore that is the greater power.

[THE ULSTER PLANTATION (1609).]

Source.—State Papers; Ireland, 1608-1610. No. 455.

Lords of the Council to Sir Arthur Chichester.

The City of London being willing to undertake such a part as might befit them in the project of the Plantation of Ulster, and to be a means to reduce that savage and rebellious people to civility, peace, religion, and obedience, and having commissioned the bearers John Brode Goldsmill, John Monroes, Robert Treswell, painter, and John Rowley, draper, to view of the country, and make report on their return, Sir Arthur Chichester is to direct a supply of all necessaries in their travel into those countries, and to aid them in every way. And they (the Lords) have directed Sir Thomas Philips to accompany them, whose knowledge and residence in those parts and good affection to the cause in general, they assure themselves will be of great use at this time; seeing there is no man that intendeth any plantation or habitation in Ulster that ought not to be most desirous of such neighbours as will bring trade and traffic into the ports.

[RELIGION IN RURAL ENGLAND (circa 1615).]

Source.—The Life of the Rev. Mr. Richard Baxter. Ed. M. Sylvester, 1790. Pp. 1, 2.

Eaton Constantine, near Wrekin Hill.

We lived in a country that had but little preaching at all. In the village where I was born there were four readers successively in six years' time, ignorant men and two of them immoral in their lives, who were all my schoolmasters. In the village where my father lived, there was a reader of about eighty years of age that never preached and had two churches about twenty miles distant; his eyesight failing him he said Common prayer without book, but for the reading of the psalms and chapters he got a common thresher and day labourer one year, and a tailor another year (for the Clerk could not read well). And at last he had a kinsman of his own (the excellentest stage player in all the country and a good gamester and good fellow) that got orders and supplied one of his places. After him, another younger kinsman that could write and read got orders. And at the same time another neighbour's son that had been a while at school turned minister, and who would needs go further than the rest, ventured to preach (and after got a living in Staffordshire), and when he had been a preacher about twelve or sixteen years, he was fain to give over, it being discovered that his orders were forged by the first ingenious stage player. And after him another neighbour's son took orders, when he had been a while an attorney's clerk and a common drunkard and tippled himself into so great poverty that he had no other way to live. These were the schoolmasters of my youth (except two of them) who read Common prayer on Sundays and holidays and taught school and tippled on the weekdays and whipped the boys when they were drunk, so that we changed them very often....

In the village where I lived the reader read the Common prayer briefly, and the rest of the day even till dark night almost, excepting eating time, was spent in dancing under a maypole and a great tree, not far from my father's door, where all the town did meet together. And though one of my father's own tenants was the piper, he could not restrain him nor break the sport, so that we could not read the Scriptures in our family without the great disturbance of the tabor and pipe and noise in the street. Many times my mind was inclined to be among them and sometimes I broke loose from conscience and joined with them, and the more I did it the more I was inclined to it. But when I heard them call my father Puritan, it did much to cure me and alienate me from them, for I considered that my father's exercise of reading the Scriptures was better than theirs and would surely be better thought on by all men at the last. When I heard them speak scornfully of others as Puritans whom I never knew, I was at first apt to believe all the lies and slanders wherewith they loaded them. But when I heard my own Father so reproached and perceived the drunkards were the forwardest in the reproach, I perceived that it was mere malice. For my Father never scrupled Common prayer or Ceremonies, nor spake against Bishops, nor ever so much as prayed but by a book or form, being not ever acquainted then with any that did otherwise. But only for reading Scriptures when the rest were dancing on the Lord's Day, and for praying (by a form out of the end of the Common prayer Book) in his house, and for reproving drunkards and swearers, and for talking sometimes a few words of Scripture and the Life to come, he was reviled commonly by the name of Puritan, Precisian, and Hypocrite, and so were the godly conformable ministers that lived anywhere in the country near us, not only by our neighbours, but by the common talk of the vulgar rabble of all about us. By this experience I was fully convinced that Godly People were the best, those that despised them and lived in sin and pleasure were a malignant unhappy sort of people; and this kept me out of their Company, except now and then when the love of sports and play enticed me.

[THE DECLARATION OF SPORTS (1618).]

Source.—Harleian Miscellany. Vol. v., p. 75.

Whereas, upon our return the last year out of Scotland, we did publish our pleasure, touching the recreations of our people in those parts, under our hand; for some causes us thereunto moving, we have thought good to command these our directions, then given in Lancashire (with a few words thereunto added, and most applicable to these parts of our realms), to be published to all our subjects.

Whereas we did justly, in our progress through Lancashire, rebuke some Puritans and precise people, and took order, that the like unlawful carriage should not be used by any of them hereafter, in the prohibiting and unlawful punishing of our good people, for using their lawful recreations and honest exercises, upon Sundays and other holidays, after the afternoon sermon or service: we now find, that two sorts of people, wherewith that country is much infected (we mean Papists and Puritans) have maliciously traduced and calumniated those our just and honourable proceedings: and therefore, lest our reputation might, upon the one side (though innocently), have some aspersion laid upon it; and upon the other part, our good people in that country be misled, by the mistaking and misinterpretation of our meaning; we have therefore thought good, hereby to clear and make our pleasure to be manifested to all our good people in those parts.

It is true, that at our first entry to this crown and kingdom, we were informed (and that too truly) that our county of Lancashire abounded more in popish recusants, than any county of England, and thus hath still continued since, to our great regret, with little amendment; save that now of late, in our last riding through our said country, we find, both by the report of the judges, and of the bishops of that diocese, that there is some amendment now daily beginning; which is no small contentment to us.

The report of this growing amendment amongst them made us the more sorry, when, with our own ears, we heard the general complaint of our people, "That they were barred from all lawful recreation and exercise upon the Sunday's afternoon, after the ending of all divine service"; which cannot but produce two evils: the one, the hindering of the conversion of many, whom their priests will take occasion hereby to vex; persuading them, that no honest mirth or recreation is lawful, or tolerable, in our religion; which cannot but breed a great discontentment in our people's hearts, especially of such as are, peradventure, upon the point of turning. The other inconvenience is, that this prohibition barreth the common and meaner sort of people from using such exercises, as may make them bodies more able for war, when we, or our successors shall have occasion to use them; and, in place thereof, sets up filthy tipplings and drunkenness, and breeds a number of idle and discontented speeches in their alehouses: for when shall the common people have leave to exercise, if not upon the Sundays and holidays? Seeing they must apply their labour, and win their living in all working-days.

Our express pleasure therefore is, that the laws of our kingdom, and canons of our church, be as well observed in that county, as in all other places of this our kingdom; and, on the other part, that no lawful recreation shall be barred to our good people, which shall not tend to the breach of our aforesaid laws, and canons of our church: which to express more particularly, our pleasure is, that the bishops, and all other inferior churchmen, and churchwardens shall, for their parts, be careful and diligent, both to instruct the ignorant, and convince and reform them that are misled in religion; presenting them that will not conform themselves, but obstinately stand out, to our judges and justices; whom we likewise command to put the law in due execution against them.

Our pleasure likewise is, that the bishop of that diocese take the like strait order with all the Puritans and Precisians within the same; either constraining them to conform themselves, or to leave the county, according to the laws of our kingdom, and canons of our church; and so to strike equally, on both hands, against the contemners of our authority, and adversaries of our church. And as for our good people's lawful recreation, our pleasure likewise is, that after the end of divine service, our good people be not disturbed, letted, or discouraged, from any lawful recreation, such as dancing, either men or women; archery for men, leaping, vaulting, or any such harmless recreation; nor from having of May-games, Whitson-ales, and Morrice-dances; and the setting up of May-poles, and other sports therewith used, so as the same be had in due and convenient time, without impediment or neglect of divine service; and that women shall have leave to carry rushes to the church, for the decoring of it, according to their old custom. But, withal, we do here account still as prohibited, all unlawful games to be used upon Sundays only; as bear and bull baitings, interludes, and, at all times, (in the meaner sort of people by law prohibited) bowling.

And likewise we bar, from this benefit and liberty, all such known Recusants, either men or women, as will abstain from coming to church or divine service; being therefore unworthy of any lawful recreation after the said service, that will not first come to the church and serve God: prohibiting, in like sort, the said recreations to any that, though conform in religion, are not present in the church, at the service of God, before their going to the said recreations. Our pleasure likewise is, that they to whom it belongeth in office, shall present, and sharply punish all such as, in abuse of this our liberty, will use these exercises before the ends of all divine services, for that day. And we likewise straitly command, that every person shall resort to his own parish-church to hear divine service, and each parish by itself to use the said recreation after divine service; prohibiting likewise any offensive weapons to be carried, or used in the said times of recreations.

[THE POSITION OF THE JUDGES.]

Source.—Bacon's Essay of Judicature.

Fourthly, for that which may concern the sovereign and estate. Judges ought above all to remember the conclusion of the Twelve Tables, "Salus populi suprema lex"; and to know that laws, except they be in order to that end, are but things captious, and oracles not well inspired. Therefore it is a happy thing in a state when kings and states do often consult with judges; and again when judges do often consult with the king and state; the one, when there is matter of law intervement in business of state; the other, when there is some consideration of state intervement in matter of law. For many times the things deduced to judgment may be meum and tuum, when the reason and consequence thereof may trench to point of estate: I call matter of estate, not only the parts of sovereignty, but whatsoever introduceth any great alteration or dangerous precedent; or concerneth manifestly any great portion of people. And let no man weakly conceive that just laws and true policy have any antipathy; for they are like the spirits and sinews, that one moves with the other. Let judges also remember, that Solomon's throne was supported by lions on both sides: let them be lions, but yet lions under the throne; being circumspect that they do not check or oppose any points of sovereignty. Let not judges also be so ignorant of their own right, as to think there is not left to them, as a principal part of their office, a wise use and application of laws. For they may remember what the Apostle said of a greater law than theirs, "nos scimus quia lex bona est, modo quis ea utatur legitime."

[THE VOYAGE OF THE "MAYFLOWER" (1620).]

Source.—Bradford, History of Plymouth Plantation. Chapter IX.

These troubles being blown over, and now all being compact together in one ship, they put to sea again with a prosperous wind, which continued diverse days together, which was some encouragement unto them: yet according to the usual manner, many were afflicted with sea sickness. And I may not omit here a special work of God's Providence. There was a proud and very profane young man, one of the seamen, of a lusty, able body, which made him the more haughty; he would always be contemning the poor people in their sickness, and cursing them daily with grievous execrations, and did not let to tell them that he hoped to help to cast half of them overboard, before they came to their journey's end, and to make merry with what they had; and if he were by any gently reproved, he would curse and swear most bitterly. But it pleased God before they came half seas over, to smite this young man with a grievous disease, of which he died in a desperate manner, and so was himself the first that was thrown overboard. Thus his curses light on his own head; and it was an astonishment to all his fellows, for they noted it to be the just hand of God upon him.

After they had enjoyed fair winds and weather for a season, they were encountered many times with cross winds, and met with many fierce storms, with which the ship was shrewdly shaken and her upper parts made very leaky. And one of the main beams in the midships was bowed and cracked, which put them in some fear that the ship could not be able to perform the voyage. So some of the chief of the company, perceiving the mariners to fear the sufficiency of the ship, as appeared by their mutterings, entered into serious consultation with the master and other officers of the ship, to consider in time of the danger; and rather to return than to cast themselves into a desperate and inevitable peril. And truly there was great distraction and difference of opinion among the mariners themselves; fain would they do what could be done for their wages' sake (being now half the seas over,) and on the other hand they were loath to hazard their lives too desperately. But in examining of all opinions, the master and others affirmed they knew the ship to be strong and firm under water; and for the buckling of the main beam, there was a great iron screw the passengers brought out of Holland, which would raise the beam into his place; the which being done, the carpenter and master affirmed that with a post put under it, set firm in the lower deck, and otherways bound, he would make it sufficient. And as for the decks and upper works, they would caulk them as well as they could, and though with the working of the ship they would not long keep staunch, yet there would otherwise be no great danger, if they did not overpress her with sails. So they committed themselves to the will of God and resolved to proceed. In sundry of these storms the winds were so fierce and the seas so high as they could not bear a knot of sail, but were forced to drift for diverse days together. And in one of them as they thus lay at drift in a mighty storm, a lusty young man (called John Howland,) coming upon some occasion above the gratings, was, with a roll of the ship, thrown into the sea, but it pleased God that he caught hold of the topsail halyards, which hung overboard and ran out at length; yet he held his hold (though he was sundry fathoms under water) till he was hauled up by the same rope to the brim of the water, and then with a boat-hook and other means got into the ship again, and his life saved; and though he was something ill with it, yet he lived many years after; and became a profitable member both in church and commonwealth. In all this voyage there died but one of the passengers, which was William Butten, a youth, servant to Samuel Fuller, when they drew near the coast. But to omit other things (that I may be brief,) after long beating at sea they fell in with that land which is called Cape Cod; the which being made and certainly known to be it, they were not a little joyful. After some deliberation had among themselves and with the master of the ship, they tacked about and resolved to stand for the southward (the wind and weather being fair) to find some place about Hudson's river for their habitation. But after they had sailed that course about half a day, they fell among dangerous shoals and roaring breakers, and they were so far entangled therewith as they conceived themselves in great danger: and the wind shrinking upon them withal, they resolved to bear up again for the Cape, and thought themselves happy to get out of those dangers before night overtook them, as by God's providence they did. And the next day they got into the Cape Harbour, where they rode in safety.

Being thus arrived in a good harbour and brought safe to land, they fell upon their knees and blessed the God of heaven, who had brought them over the vast and furious ocean, and delivered them from all the perils and miseries thereof, again to set their feet on the firm and stable earth, their proper element.

[UNEMPLOYMENT (1621).]

Source.—Diary of Walter Yonge, Esq. Camden Society's Publications. P. 52.

About this time there were assembled about 400 poor people in Wiltshire complaining in peaceable manner to the justices that they could get no work to relieve themselves, and therefore did desire that order might be taken for their relief: all trades are grown so bad that there is not any employment. It is said also that the like insurrection was in Gloucestershire, and thereupon the Lords of the Council sent forth letters into divers shires for the setting of poor people on work.

It is said that merchants are enjoined to buy a quantity of clothes weekly at Blackwel Hall in London, or otherwise they shall be disfranchised of their liberties and freedom of merchants in London.

[THE PROTESTATION OF THE COMMONS (1621).]

Source.—Rushworth, Historical Collections. Vol. i., p. 53.

The Commons now assembled in Parliament, being justly occasioned thereunto, concerning sundry Liberties, Franchises, and Privileges of Parliament, amongst others here mentioned, do make this Protestation following: That the Liberties, Franchises, Privileges, and Jurisdictions of Parliament are the ancient and undoubted Birthright and Inheritance of the subjects of England; and that the arduous and urgent affairs concerning the King, State and Defence of the Realm, and of the Church of England, and the maintenance and making of Laws, and redress of mischiefs and grievances which daily happen within this Realm, are proper subjects and matter of Counsel and Debate in Parliament; and that in the handling and proceeding of those businesses, every Member of the House of Parliament hath, and of right ought to have, freedom of speech to propound, treat, reason, and bring to conclusion the same. And that the Commons in Parliament have like liberty and freedom to treat of these matters in such order as in their judgments shall seem fittest. And that every member of the said House hath like freedom from all Impeachment, Imprisonment, and Molestation (otherwise than by Censure of the House itself) for or concerning any speaking, reasoning, or declaring of matters touching the Parliament, or Parliament-business. And that if any of the said members be complained of and questioned for anything done or said in Parliament, the same is to be showed to the King by the advice and assent of all the commons assembled in Parliament, before the King give credence to any private information.

His Majesty did this present day in full assembly of his Council and in the presence of the Judges, declare the said Protestation to be invalid, annulled, void, and of no effect. And did further manu sua propria take the said Protestation out of the Journal Book of the Clerk of the Commons House of Parliament.

[THE LORD TREASURER'S DIFFICULTIES (1621).]

Source.—Goodman, The Court of King James I. Vol. ii., p. 207. London: Richard Bentley, 1839.

L. Cranfield to the Duke of Buckingham.

Right noble and my most honoured Lord,
This bearer, Sir William Russell, hath lately done his Majesty good service by lending money towards the discharge of the ships that come from Argier, whereof I pray your Lordship to take notice and to thank him.

The more I look into the King's estate, the greater cause I have to be troubled, considering the work I have to do, which is not to reform one particular, as in the household, navy, wardrobe, etc.; but every particular, as well of his Majesty's receipts as payments, hath been carried with so much disadvantage to the King, as until your Lordship see it you will not believe any men should be so careless and unfaithful.

I have heard his Majesty is now granting a pension. I pray your Lordship to consider how impossible it is for me to do service if any such thing be done, and withal whether it were not unjust to stop pensions already granted, and at the same instant to grant new, and what a life I should have with those whose pensions are stayed, for whom I have now a good answer: viz., the King must and shall be first served. I pray your lordship not only to stay the granting any new, but to move his Majesty not to suffer any old to be exchanged or altered from one life to another; and then, I dare assure your Lordship, within these few months they will not be worth two years' purchase.

I shall not desire to live if I do not the work; and therefore, good my Lord, be constant yourself, and be the happy means to hold the King so. It is my gratitude to his Majesty and your lordship that hath engaged me: otherwise there is nothing upon this earth could have tempted me to have quit the happy estate I was in within these fourteen days, to enter into a business so full of continual vexation and trouble.

I have called some men to account who have not accounted these seven years. I doubt some will make their addresses to his Majesty or your lordship; I pray let their answer be, his Majesty hath referred the trust of ordering his estate to me.

I shall shortly call for an account out of the Isle of Wight. I think out of moneys owing by some rich lords to pay some of his Majesty's poor servants. I will spare no person, nor forbear any course that is just and honourable to make our great and gracious master to subsist of his own. The pains and envy shall be mine: the honour and thanks your lordship's. Wherefore be constant to him that loves and honours you, and will ever rest,

Your lordship's faithful servant and kinsman,
Lionel Cranfield.

Chelsea,
12th Oct., 1621.

[PROCLAMATION FOR RELIEF OF THE POOR (1622).]

Source.—Rymer, Fœdera. Vol. xvii., p. 428.

The King's most Excellent Majesty, having taken knowledge of the present scarcity and dearth, of the high prices of corn and grain throughout all parts of this kingdom, hath been pleased, by his Proclamation lately published, to restrain the residence of the Lords Spiritual and Temporal and of the Knights and Gentlemen of quality, in and near the cities of London and Westminster and other cities and towns, to return them unto their own houses and habitations in their several countries, that all parts of the kingdom might find the fruits and feel the comfort of their hospitality and good government, wherein as his Majesty is well pleased with the dutiful obedience of great numbers, that according to his royal command have left the cities of London and Westminster and the parts adjacent, so his Highness hath great cause to condemn the obstinacy of all such as, in a time of such general conformity, and against so many good Examples shall show themselves refractory to that his royal pleasure grounded upon important reasons of justice and state, and therefore his Majesty doth eftsoones admonish them speedily to submit themselves to that his Royal Proclamation, or else to expect the severity of his justice for their wilful contempt, and this his Majesty declares to be extended, as well unto such as have repaired or shall repair from their ordinary dwellings in the country unto their cities and towns, as unto the cities of London and Westminster, and as well unto widows as men of quality and estate, and to be continued not only during the time of Christmas now instant, but in that and all other times and seasons of this and other years until his Majesty declare his pleasure otherwise; his Majesty intending to continue this course hereafter for the general good of his people, yet allowing that liberty which always hath been in terms and otherwise to repair to London about their necessary occasions, but not to remove their wives and families from their ordinary habitations in the country, an innovation and abuse lately crept in and grown frequent.

And although his Majesty is persuaded that by this way of reviving the laudable and ancient housekeeping of this realm, the poor and such as are most pinched in times of scarcity and want, will be much relieved and comforted, yet that nothing may be omitted that may tend to their succour and help, his Highness in his gracious and princely care and providence, hath caused certain politic and good orders heretofore made upon like occasions to be reviewed and published; intitled, Orders appointed by his Majesty, &c. By which the Justices of Peace in all Parts of the Realm are directed to stay all ingrossers forestallers and regrators of corn, and to direct all owners and farmers, having corn to spare, to furnish the Markets rateably and weekly with such quantities as reasonably they may and ought to do, and some one or more of them to be present in the Market according to the orders, and to see divers other Articles observed and performed tending to the prevention and remedy of this inconvenience....

[A PROCLAMATION FOR RESTRAINT OF EXPORTATION, WASTE AND CONSUMPTION OF COIN AND BULLION (1622).]

Source.—Rymer, Fœdera. Vol. xvii., p. 376.

The King's most Excellent Majesty considering the scarcity of money and coin of late years grown within the realm, occasioned partly by transportation thereof out of this kingdom, and partly by the unlawful consumption thereof within the land, whereof many unsufferable inconveniences do daily arise, and more are like to ensue to the general hurt and damage of the whole Commonweal, if some timely and good Statutes made in the time of his most noble progenitors and predecessors kings of this realm, as also the several Proclamations published by his own royal authority since the beginning of his most happy reign, notwithstanding all of which, and some remarkable Examples of Justice in his High Court of Star Chamber against some principal offenders in this kind, many covetous and greedy persons have and daily do with great boldness and contempt continue and proceed in those unlawful and offensive courses, tending to the exhausting of the treasure of the realm, and utter overthrow of trade and commerce within the same.

And therefore his Majesty in his princely wisdom and upon necessity of state, sees it fit that from henceforth all care and diligence in the discovery and all severity in the correction and punishment of such delinquents without favour to any shall be used; and to the end that all men may take notice hereof, his Majesty thinketh fit to publish this his Proclamation, to the end that no man upon hope of impunity presume hereafter to transgress his Majesty's laws or this his royal commandment in that behalf; hereby straitly charging and commanding that no person or persons alien, denizen, or other subject of what estate quality or condition soever, do at any time hereafter, without his Majesty's licence, transport carry or convey, or attempt or endeavour to transport carry or convey out of this realm any gold or silver, either in coin, plate, vessels, jewels, goldsmiths' work, bullion or other mass, or otherwise howsoever, upon pain of his Majesty's heavy indignation and displeasure, and of the severest censure of his High Court of Star Chamber, and such further pains punishments and imprisonments as by the laws and statutes of this realm may be inflicted upon them for such their offence....

[BACON TO BUCKINGHAM (1623).]

Source.—Works of Francis Bacon. Spedding, Ellis, and Heath. Vol. xiv., p. 423. London: Longmans, 1874.

To the Marquis of Buckingham.

Excellent Lord,
Though I have troubled your Lordship with many letters, oftener than I think I should (save that affection keepeth no account,) yet upon the repair of Mr. Matthew, a gentleman so much your Lordship's servant, and to me another myself, as your Lordship best knoweth, you would not have thought me a man alive, except I had put a letter into his hand, and withal by so faithful and approved a mean commended my fortunes afresh unto your Lordship.

My Lord, to speak my heart to your Lordship, I never felt my misfortunes so much as now, not for that part which may concern myself, who profit (I thank God for it) both in patience, and in settling mine own courses. But when I look abroad, and see the times so stirring, and so much dissimulation, falsehood, baseness and envy in the world, and so many idle clocks going in men's heads; then it grieveth me much, that I am not sometimes at your Lordship's elbow, that I might give you some of the fruits of the careful advice, modest liberty, and true information of a friend that loveth your Lordship as I do. For though your Lordship's fortunes be above the thunder and storms of inferior regions, yet nevertheless to hear the wind and not to feel it will make one sleep the better.

My good Lord, somewhat have I been and much have I read: so that few things that concern states or greatness are new cases unto me. And therefore I hope I may be no unprofitable servant unto your Lordship. I remember the King was wont to make a character of me, far above my worth, that I was not made for small matters; and your Lordship would sometimes bring me from his Majesty that Latin sentence, De minimis non curat lex: and it hath so fallen out that since my retiring, times have been fuller of great matters than before: wherein perhaps, if I had continued near his Majesty, he mought have found more use of my service, if my gift lay that way. But that is but a vain imagination of mine. True it is, that as I do not aspire to use my talent in the King's great affairs; yet for that which may concern your Lordship, and your fortune, no man living shall give you a better account of faith, industry, and affection than I shall. I must conclude with that which gave me occasion of this letter, which is Mr. Matthew's employment to your Lordship in those parts. Wherein I am verily persuaded your Lordship shall find him a wise and able gentleman, and one that will bend his knowledge of the world (which is great) to serve his Majesty, and the Prince, and in especial your Lordship. So I rest,

Your Lordship's most obliged and faithful servant,
Fr. St. Albans.

Gray's Inn,
18 April, 1623.

[POPULARITY OF THE QUEEN OF BOHEMIA (1623).]

Source.—Ellis, Original Letters. London, 1824. Vol. iii., p. 118.

Mr. Joseph Mead to Sir Martin Stuteville, 25th Jan., 1623.

... The Lieutenant of the Middle Temple played a game this Christmas time whereat his Majesty was highly displeased. He made choice of some thirty of the civillest and best-fashioned gentlemen of the House to sup with him. And being at supper, took a cup of wine in one hand, and held his sword drawn in the other, and so began a health to the distressed Lady Elisabeth, and having drunk, kissed his sword, and laying his hand upon it, took an oath to live and die in her service; then delivered the cup and sword to the next, and so the health and ceremony went round....

[THE DUKE OF BUCKINGHAM TO THE KING (1624).]

Source.—Ellis, Original Letters. Vol. iii., p. 146.

Dear Dad, Gossip and Steward,
Though your baby himself had sent word what need he hath of more jewels, yet will I by this bearer, who can make more speed than Carlile, again acquaint your Majesty therewith, and give my poor and saucy opinion what will be fittest more to send. Hitherto you have been so sparing that whereas you thought to have sent him sufficiently for his own wearing, to present his mistress, who I am sure shall shortly now lose that title, and to lend me, that I on the contrary have been forced to lend him. You need not ask who made me able to do it. Sir, he hath neither chain nor hatband; and I beseech you consider first how rich they are in jewels here, then in what a poor equipage he came in, how he hath no other means to appear like a King's son, how they are usefullest at such a time as this when they may do yourself, your son, and the nation honour, and lastly how it will neither cost nor hazard you anything. These reasons, I hope, since you have ventured already your chiefest jewel, your son, will serve to persuade you to let loose these more after him: first, your best hatband; the Portingall diamond; the rest of the pendant diamonds, to make up a necklace to give his mistress; and the best rope of pearl; with a rich chain or two for himself to wear—or else your Dog must want a collar; which is the ready way to put him into it. There are many other jewels which are of so mean quality as they deserve not that name, but will save much in your purse and serve very well for presents. They had never so good and great an occasion to take the air out of their boxes as at this time. God knows when they shall have such another; and they had need some time to get nearer the Son to continue them in their perfection. Here give me leave humbly on my knees to give your Majesty thanks for that rich jewel you sent me in a box by my Lord Vaughan, and give him leave to kiss your hands from me who took the pains to draw it. My reward to him is this, he spent his time well, which is the thing we should all most desire; and is the glory I covet most here in your service.

Your Majesty's most humble slave and dog,
Steenie.

Madrid,
25 April, 1623.

Sir, four Asses I have sent you, two he's and two she's; five camels, two he's, two she's, with a young one; and one Elephant, which is worth your seeing. These I have impudently begged for you. There is a Barbary horse comes with them, I think from Watt Aston. My Lord Bristow says he will send you more Camels. When we come ourselves we will bring you horses and asses enough. If I may know whether you desire Mules or not, I will bring them, or Deer of this country either. And I will lay wait for all the rare-coloured birds that can be heard of. But if you do not send your baby jewels enough, I'll stop all other presents. Therefore look to it.

[A VINDICATION OF NEW ENGLAND (1624).]

Source.—Bradford, History of the Plymouth Plantation. Book II.

With the former letter written by Mr. Shirley there were sent sundry objections ... made by some of those that came over on their own account and were returned home. I shall set them down here, with the answers then made unto them and sent over at the return of this ship, which did so confound the objectors as some confessed their fault and others denied what they had said and ate their words, and some others of them have since come over again and here lived.

The first objection was diversity about Religion. Answer: We know no such matter, for here was never any controversy or opposition (either public or private) (to our knowledge,) since we came.

2 ob. Neglect of family duties, on the Lord's Day. Ans.: We allow no such thing, but blame it in ourselves and others; and they that thus report it, would have showed their Christian love the more if they had told the offenders of it, rather than thus to reproach them behind their backs. But (to say no more) we wish themselves had given better example.

3 ob. Want of both Sacraments. Ans.: The more is our grief that our pastor is kept from us, by whom we might enjoy them; for we used to have the Lord's Supper every Sabbath, and baptism as often as there was occasion of children to baptize.

4 ob. Children not catechised nor taught to read. Ans.: Neither is true; for divers take pains with their own as they can; indeed, we have no common school for want of a fit person, or hitherto means to maintain one, though we desire now to begin.

5 ob. Many of the particular members of the plantation will not work for the general. Ans.: This also is not wholly true; for though some do it not willingly and others not honestly, yet all do it, and he that doth worst gets his own food and something besides. But we will not excuse them, but labour to reform them the best we can, or else to quit the plantation of them.

6 ob. The water is not wholesome. Ans.: If they mean, not so wholesome as the good beer and wine in London, (which they so dearly love,) we will not dispute with them; but else, for water, it is as good as any in the world (for aught we know,) and it is wholesome enough to us that can be content therewith.

7 ob. The ground is barren and doth bear no grass. Ans.: it is here as in all places, some better and some worse; and if they will well consider their words, in England they shall not find such grass in them as in their fields and meadows. The cattle find grass, for they are as fat as need be; we wish we had but one for every hundred that here is graze to keep. Indeed this objection, as some others, are ridiculous to all here which see and know the contrary.

8 ob. The fish will not take salt to keep sweet. Ans.: This is as true as that which was written, that there is scarcely a fowl to be seen, nor a fish to be taken. Things likely to be true in a country where so many sail of ships come yearly for the fishing! they might as well say, there can no ale or beer in London be kept from souring.

9 ob. Many of them are thievish and steal one from another. Ans.: Would that London had been free from that crime: then we should not have been troubled with these here; it is well known sundry have smarted well for it, and so are the rest like to do, if they be taken.

10 ob. The country is annoyed with foxes and wolves. Ans.: So are many other good countries too; but poison, traps and other such means will help to destroy them.

11 ob. The Dutch are planted near Hudson's River, and are likely to overthrow the trade. Ans.: They will come and plant in these parts also, if we and others do not, but go home and leave it to them. We rather commend them than condemn them for it.

12 ob. The people are much annoyed with mosquitoes. Ans.: They are too delicate and unfit to begin new plantations and colonies, that cannot endure the biting of a mosquito: we would wish such to keep at home till at least they be mosquito proof. Yet this place is as free as any, and experience teacheth that the more the land is tilled and the woods cut down, the fewer there will be, and in the end scarce any at all.

[THE IMPEACHMENT OF BUCKINGHAM (1626).]

Source.—Rushworth, Historical Collections. Vol. i., p. 223.

I.

The Lord Keeper by the King's command, spake next:

... Concerning the Duke of Buckingham, his Majesty hath commanded me to tell you that himself doth know better than any man living the sincerity of the Duke's proceedings; with what cautions of weight and discretion he hath been guided in his public employments from his Majesty and his blessed Father; what enemies he hath procured at home and abroad; what perils of his person and hazard of his estate he ran into for the service of his Majesty, and his ever blessed Father; and how forward he hath been in the service of this House many times since his return from Spain. And therefore his Majesty cannot believe that the aim is at the Duke of Buckingham, but findeth that these Proceedings do directly wound the honour and judgment of himself and of his Father. It is therefore his Majesty's express and final commandment that you yield obedience unto those directions which you have formally received, and cease this unparliamentary inquisition, and commit unto his Majesty's care, and wisdom, and justice the future reformation of these things which you suppose to be otherwise than they should be....

THE COMMONS' REMONSTRANCE TO THE KING

Source.—Rushworth, Historical Collections. Vol. i., p. 245.

II.

Now concerning your Majesty's servants, and namely the Duke of Buckingham: We humbly beseech your Majesty to be informed by us your faithful Commons, who can have no private end but your Majesty's service, and the good of our country, that it hath been the ancient constant and undoubted right and usage of Parliaments to question and complain of all persons, of what degree soever, found grievous to the Commonwealth, in abusing the power and trust committed to them by their sovereign. A course approved not only by the examples in your Father's days of famous memory, but by frequent precedents in the best and most glorious reigns of your noble progenitors, appearing both in records and histories; without which liberty in Parliament no private man, no servant to a king, perhaps no counsellor, without exposing himself to the hazard of great enmity and prejudice, can be a means to call great officers in question for their misdemeanours, but the Commonwealth might languish under their pressures without redress. And whatsoever we shall do accordingly in this Parliament, we doubt not but it shall redound to the honour of the Crown, and welfare of your subjects....

[THE COMMONS IN TEARS (1628).]

Source.—Rushworth, Historical Collections. Vol. i., p. 609.

Mr. Alured to Mr. Chamberlain.

Sir,
Yesterday was a day of desolation among us in Parliament, and this day we fear will be the day of our dissolution: Upon Tuesday Sir John Eliot moved, that as we intended to furnish his Majesty with money, we should also supply him with Counsel, which was one part of the occasion why we were sent by the Country, and called for by his Majesty; And since that House was the greatest Council of the Kingdom, where, or when should His Majesty have better Council than from thence? So he desired there might be a Declaration made to the King of the danger wherein the Kingdom stood by the decay and contempt of Religion, the insufficiency of his Generals, the unfaithfulness of his Officers, the weakness of his Councils, the exhausting of his Treasure, the death of his Men, the decay of Trade, the loss of Shipping, the many and powerful Enemies, the few and the poor Friends we had abroad.

In the enumerating of which, the Chancellor of the Duchy said it was a strange language, yet the House commanded Sir John Eliot to go on. Then the Chancellor desired if he went on, that himself might go out, whereupon they all bade him be gone, yet he stayed and heard him out, and the House generally inclined to such a Declaration to be presented in an humble and modest manner, not prescribing the King the way, but leaving it to his Judgment for reformation. So the next day, being Wednesday, we had a Message from his Majesty by the Speaker that the Session should end on Wednesday, and that therefore we should husband the time, and despatch the old businesses without entertaining new.... The House was much affected to be so restrained, since the House in former times had proceeded by finding and committing John of Gaunt the King's Son and others, and of late have meddled with, and sentenced the Lord Chancellor Bacon, and the Lord Treasurer Cranfield. Then Sir Robert Philips spake, and mingled his words with weeping. Mr. Prynne did the like, and Sir Edward Coke, overcome with passion, seeing the desolation likely to ensue, was forced to sit down when he began to speak, through the abundance of tears, yea, the Speaker in his Speech could not refrain from weeping and shedding of tears; besides a great many whose great griefs made them dumb and silent, yet some bore up in that storm and encouraged others. In the end they desired the Speaker to leave the Chair, and Mr. Whitby was to come into it, that they might speak the freer and the frequenter, and commanded that no man go out of the House upon pain of going to the Tower. Then the Speaker humbly and earnestly besought the House to give him leave to absent himself for half an hour, presuming they did not think he did it for any ill intention; which was instantly granted him; then upon many Debates about their Liberties hereby infringed, and the imminent danger wherein the Kingdom stood, Sir Edward Coke told them, he now saw God had not accepted of their humble and moderate carriages and fair proceedings, and the rather, because he thought they dealt not sincerely with the King, and with the Country in making a true Representation of the causes of all these miseries, which now he repented himself since things were come to this pass, that he did it not sooner, and therefore he not knowing whether ever he should speak in this House again, would now do it freely, and there protested that the author and cause of all those miseries was the Duke of Buckingham, which was entertained and answered with a cheerful acclamation of the House, as when one good Hound recovers the scent, the rest come in with a full cry: so they pursued it, and every one came on home, and laid the blame where they thought the fault was, and as they were Voting it to the question whether they should name him in their intended Remonstrance, the sole or the Principal cause of all their Miseries at home and abroad: The Speaker having been three hours absent, and with the King, returned with this Message; That the House should then rise (being about eleven a clock, and no Committees should sit in the afternoon) till to-morrow morning; What we shall expect this morning God of Heaven knows. We shall meet timely this morning, partly for the business sake, and partly because two days since we made an Order, that whosoever comes in after prayers, pays twelve pence to the poor. Sir, excuse my haste, and let us have your prayers, whereof both you and we have here need: So in scribbling haste I rest,

Affectionately at your service,
Thomas Alured.

This 6 of June, 1628.

[THE PETITION OF RIGHTS (1628).]

Source.—Somers, Tracts. Vol. iv., p. 117.

Whereas it is declared and enacted by a statute made in the time of the reign of King Edward I., commonly called Statutum de tallagio non concedendo, that no tallage or aid shall be laid or levied by the King or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses and other the freemen of the commonalty of this realm; and by authority of the Parliament holden the five and twentieth year of the reign of King Edward III., it is decreed and enacted: that from henceforth no person should be compelled to make any loans to the King against his will, because such loans were against reason, and the franchise of the land. And by other laws of this realm, it is provided, that none should be charged by any charge or imposition called a benevolence, nor by such like charge, by which the statutes aforementioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom that they should not be compelled to contribute to any tax, tallage, or other the like charge, not set by common consent in parliament.

Yet nevertheless of late, divers commissions directed to sundry commissioners in several counties with instructions, have issued, by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and [some] of them, upon their refusal so to do, have had an oath administered unto them, not warrantable by the laws or statutes of this realm, and have been constrained to become bound to make appearance, and give attendance before your privy council and in other places: and others of them have been therefore imprisoned, confined and sundry other ways molested and disquieted. And divers other charges have been levied upon your people in several counties, by lord lieutenants, deputy lieutenants, commissioners for musters, justices of the peace, and others by command of or direction from your majesty, or your privy council, against the laws and free customs of the realm.

And whereas by the Statute called the Great Charter of the Liberties of England, it is declared and enacted, that no freeman may be taken or imprisoned, or be disseised of his freehold, or liberties, or his free customs, or be outlawed, or exiled, or in any manner destroyed, but by the lawful judgment of his peers or by the law of the land.

And in the eight and twentieth year of the reign of King Edward III., it was declared and enacted by the authority of Parliament that no man of what estate or condition that he be, should be put out of his lands or tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by the process of law.

Nevertheless, against the tenour of the said statutes, and other the good laws and statutes of your realm, to that end provided, divers of your subjects have of late been imprisoned without any cause shewed. And when for their deliverance they were brought before your justices, by your Majesty's writs of Habeas Corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the cause of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your privy council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to law.

And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm; and the inhabitants, against their wills, have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people.

And whereas also, by authority of Parliament in the 25th year of Edward III. it is declared and enacted, that no man should be forejudged of life or limb against the form of Magna Charta, and the law of the land, and by the said great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death, but by the laws established in this realm, either by the customs of the said realm, or by acts of parliament. And whereas no offender of what kind soever is exempted from the proceedings to be used, or punishments to be inflicted by the laws and statutes of this your realm: Nevertheless divers commissioners under your Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners, with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever, and by such summary course and order, as is agreeable to martial law, and as is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

By pretext whereof, some of your Majesty's subjects have been by the said commissioners put to death, when and where, if by the laws and statutes of the realm they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed.

And also sundry grievous offenders, by colour thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders, according to the same law and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissioners as aforesaid. Which commissioners and all other of like nature are wholly and directly contrary to the said laws and statutes of this your realm.

They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, or loan, benevolence, tax, or such like charge, without common consent by act of parliament. And that none be called to make answer, or to take such oath, or to give attendance, or be confined, or otherwise molested or disquieted, concerning the same or for refusal thereof. And that no freeman, in any such manner as is before mentioned, be imprisoned or detained. And that your majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come. And that the foresaid commissioners for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchise of the land....

[THE CASE OF RICHARD CHAMBERS (1629).]

Source.—Rushworth. Vol. i., p. 672.

So the fine was settled to £2,000 and all (except the two Chief Justices) concurred for a submission to be made. And accordingly a copy of the submission was sent to the Warden of the Fleet, to show the said Richard Chambers.

"I, Richard Chambers of London, Merchant, do humbly acknowledge that, whereas upon an information exhibited against me by the King's Attorney General, I was in Easter Term last sentenced by the Honourable Court of Star Chamber, for that in September last, 1628, being convented before the Lords and others of his Majestie's most honourable Privy Council Board, upon some speeches then used concerning the merchants of this kingdom, and his Majesty's well and gracious usage of them, did then and there, in insolent contemptuous and seditious manner, falsely and maliciously say and affirm 'That they,' meaning the merchants, 'are in no parts of the world so screwed and wrung as in England, and that in Turkey they have more encouragement....' Now I, the said Richard Chambers in obedience to the sentence of the said honourable court, do humbly confess and acknowledge the speaking of these words aforesaid and am heartily sorry for the same: and do humbly beseech your Lordships all to be honourable intercessors for me to his Majesty, that he would be graciously pleased to pardon this great error and fault so committed by me."

When Mr. Chambers read this draft of submission, he thus subscribed the same.

"All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest, as most unjust and false: and never to death will acknowledge any part thereof.

"Rich. Chambers."

Also he underwrit these Texts of Scripture to the said submission before he returned it [eight texts, mostly from the Old Testament, on God's care for justice and truth].

[PROCLAMATION TO THE EASTLAND COMPANY (1629).]

Source.—Rymer, Fœdera. Vol. xix., p. 129.

It is a greate parte of our royal care, like as it was of our royal Father of blessed memory deceased, to maintain and increase the trade of our marchants, and the strength of our Navy, as principal veins and sinews for the wealth and strength of our kingdom;

Whereas therefore the Society and Company of our Eastland Marchaunts trading the Baltic Seas, have by the space of Fifty years at the least, had a settled and constant possession of Trade in those parts, and have had both the sole carrying thither of our English commodities, and also the sole bringing in of all the Commodities of those Countries, as namely, hemp, yarn, cable yarn, flax, potashes, soapashes, polonia wool, cordage, eastland linen cloth, pitch, tar, and wood, whereby our Kingdom hath been much enriched, our ships and mariners set on work, and the honour and fame of our nation and kingdom spread and enlarged in those parts.

And whereas for their further encouragement the said Company have had and enjoyed, by Letters Patent under the Great Seal of England in the time of the late Queen Elizabeth, privileges, as well for the sole carrying out to those countries of all our English commodities, as also for the sole bringing in of the abovenamed commodities of the said countries, with general prohibitions and restraints of others not licensed and authorized, by the said Letters Patents to traffick or trade contrary to the tenor of the same Letters Patents: We minding the upholding and continuance of the said trade, and not to suffer that the said Society shall sustain any violation or diminution of their liberties and privileges, Have thought good to ratify and publish unto all persons, as well subjects as strangers, the said privileges and restraints, to the end that none of them presume to attempt any thing against the same;

And We do hereby straitly charge and command all our customers, comptrollers, and all other our officers at the ports, and also the farmers of our customes, and their Deputies and Wayters, that they suffer not any broadcloath, dozens, kersies, bayes, skins, or such like English commodities to be shipped for exportation to those parts, nor any hemp, flax dressed or undressed, yarn, cable yarn, cordage, potashes, sopeashes, polonia wool, eastland linen cloth, pitch, tarr or wood, or any other commodities whatsoever of those foreign parts and regions, wherein the said Company have used to trade, to be landed, except only such as shall be brought in by such as are free of the said Company; provided always that the importation of corn and grain be left free and without restraint, any thing herein contained to the contrary notwithstanding.

Furthermore, Whereas there hath been in auncient time divers good and politic laws made against the shipping of merchandises in stranger's bottoms, either inward or outward, as namely the statutes of 5 Ric. II., 4 Hen. VII., 32 Hen. VIII., which laws of later years have been much neglected to the great prejudice of the navigation of our kingdom: We do straitly charge and command, that the said laws be from henceforth duly put in execution, and that none of the said Company, nor any other be permitted to export or import any of the abovementioned commodities, in other than English bottoms, upon the pains in the said Statutes contained, and upon pain of our high indignation and displeasure, towards all our officers and ministers which shall be found slack and remiss in procuring and assisting the due execution of the said laws.

[CHILLINGWORTH ON TOLERATION
(A BROAD CHURCH VIEW).]

Source.—Chillingworth, Religion of the Protestants. Ed. 1719. P. 130.

Lastly: though you are apt to think yourselves such necessary instruments for all good purposes, and that nothing can be well done unless you do it; that no unity or constancy in religion can be maintained, but inevitably Christendom must fall to ruin and confusion, unless you support it; yet we that are indifferent and impartial, and well content that God should give us his own favours, by means of his own appointment, not of our choosing, can easily collect out of these very words, that not the infallibility of your or of any Church, but the apostles and prophets, and evangelists, &c., which Christ gave upon his ascension, were designed by him, for the compassing all these excellent purposes, by their preaching while they lived, and by their writings for ever. And if they fail hereof, the reason is not any insufficiency or invalidity in the means, but the voluntary perverseness of the subjects they have to deal with; who, if they would be themselves, and be content that others should be, in the choice of their religion, the servants of God and not of men; if they would allow, that the way to heaven is no narrower now than Christ left it, his yoke no heavier than he made it; that the belief of no more difficulties is required now to salvation, than was in the primitive church; that no error is in itself destructive, and exclusive from salvation now, which was not then; if, instead of being zealous Papists, earnest Calvinists, rigid Lutherans, they would become themselves, and be content that others should be, plain and honest Christians; if all men would believe the Scripture, and, freeing themselves from prejudice and passion, would sincerely endeavour to find the true sense of it, and live according to it, and require no more of others but to do so; nor denying their communion to any that do so, would so order their public service of God, that all which do so may, without scruple or hypocrisy, or protestation against any part of it, join with them in it;—who doth not see that seeing (as we suppose here, and shall prove hereafter) all necessary truths are plainly and evidently set down in Scripture, there would of necessity be among all men, in all things necessary, unity of opinion? And, notwithstanding any other differences that are or could be, unity of communion and charity and mutual toleration? By which means, all schism and heresy would be banished the world; and those wretched contentions which now rend and tear in pieces, not the coat, but the members and bowels, of Christ, which mutual pride, and tyranny, and cursing, and killing, and damning, would fain make immortal, should speedily receive a most blessed catastrophe.

[THE CHURCH OF GEORGE HERBERT (1633).]

Source.—George Herbert, Poems. Ed. 1633. P. 102.

I joy dear mother when I view

Thy perfect lineaments and hue,

Both sweet and bright.

Beauty in thee takes up her place

And dates her letters from thy face

When she doth write.

A fine aspect in fit array

Neither too mean nor yet too gay

Shows who is best.

Outlandish looks may not compare,

For all they either painted are,

Or else undrest.

She on the hills which wantonly

Allureth all in hope to be

By her preferred.

Hath kissed so long her painted shrines,

That e'en her face by kissing shines

For her reward.

She in the valley is so shy

Of dressing, that her hair doth lie

About her ears.

While she avoids her neighbour's pride;

She wholly goes on t' other side,

And nothing wears.

But, dearest mother, (what those miss),

The mean, thy praise and glory is,

And long may be

Blessed be God whose love it was

To double-moat thee with his grace,

And none but thee.

[HAPPY ENGLAND (1630-1640).]

Source.—Clarendon, History of Rebellion. Book I., § 159.