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 quantityof clothes weekly at Blackwel Hall in London, or otherwise they shall be disfranchised of their liberties and freedom of merchants in London.
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 furthermanu sua propriatake the said Protestation out of the Journal Book of the Clerk of the Commons House of Parliament.
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,Thisbearer, 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 isnothing 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.
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 Majestydoth eftsoonesadmonish 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 moreof 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....
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, doat 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....
Source.—Works of Francis Bacon.Spedding, Ellis, and Heath. Vol. xiv., p. 423. London: Longmans, 1874.
To the Marquis of Buckingham.
Excellent Lord,ThoughI 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.
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....
Source.—Ellis,Original Letters. Vol. iii., p. 146.
Dear Dad, Gossip and Steward,Thoughyour 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 verywell 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.
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 deniedwhat 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.
2ob.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.
3ob.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.
4ob.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.
5ob.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.
6ob.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.
7ob.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.
8ob.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.
9ob.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.
10ob.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.
11ob.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.
12ob.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.
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 theCommonwealth, 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....
Source.—Rushworth,Historical Collections. Vol. i., p. 609.
Mr. Alured to Mr. Chamberlain.
Sir,Yesterdaywas 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 commandedSir 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.
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 calledStatutum 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 KingEdward 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 ofHabeas 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 anymurder, 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 samelaws and statutesalso 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 beexecuted 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....
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].
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 wellsubjects 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.
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 theapostles 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.
Source.—George Herbert,Poems. Ed. 1633. P. 102.