House of Lords Journal Volume 3: 9 August 1625

DIE Martis, videlicet, 9 die Augusti,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

E. of Warwick's Absence excused.

THE Earl of Warwicke excused, for Want of Health.

Report of the Conference touching Religion.

The Lord Archbishop of Cant. reported the Conference with the Commons this Morning, touching Religion, to this Effect: videlicet,

"That they presented a Petition, directed to His Majesty, desiring this House to join therein with them; the Effect whereof is: That whereas the Lords and Commons did, at their last Meeting this Session, petition His Majesty, for Advancement of God's true Religion, and suppressing the contrary; unto which His Majesty vouchsased, as well by His own Mouth a by the Lord Keeper, on the 11th of July last, to return such an Answer as gave them Assurance of Royal Performance thereof; yet, at this Meeting, they find that, on the 12th of July last, His Majesty hath granted a Pardon unto Alexander Baker, a Jesuit, and Ten other Papists; which (as they are informed) was upon the Importunity of some Foreign Ambassador; and that it passed by immediate Warrant, and was recommended from the Principal Secretary of State, without paying the ordinary Fees.

"And divers Copes, Altars, Chalices, etc. being found in the House of one Mary Estmond, of Dorsettshire, by Two Justices of the Peace, who thereupon tendered her the Oath of Allegiance, and upon Refusal committed her to the Constable, from whom she made an Escape, and complained to His Majesty; the said Principal Secretary did write unto those Justices in her Favour.

"All which they humbly desire His Majesty to take into Consideration, and to give a due, effectual, and speedy Redress therein."

The said Petition, Pardon, and Letter, were read.

The Lord Archbishop further reported, "That, as touching the Pardon, the Commons insisted much upon Three Points: First, the Date of the Pardon, being the next Day after the King's Answer delivered to both Houses by the King's Commandment:

"2. That the Pardon dispenseth with so many Laws; videlicet, with the Statutes of 23 and 27 Eliz. and 3 Jac. provided to keep His Majesty's Subjects in their due Obedience; and with the Statute of 10 Ed. III, which directeth, That every Felon, upon Pardon obtained, should be bound to the good Behaviour.

"The Third, That it was solicited by the Principal Secretary, the Lord Conway.

"And that they added these Circumstances:

"That this Jesuit was formerly imprisoned; and, being now set at Liberty, his Conversation will be very dangerous, to the perverting of many of His Majesty's Subjects.

"That heretofore, in the Time of Queen Elizabeth, if any such were convicted and pardoned (for She pardoned none before Conviction, as their Fault might be first known), they were banished also, not to return upon Pain of Death; which is prevented by this Pardon.

"They concluded, That this Pardon and Letter were both procured at the Importunity of Foreign Ambassadors, which is of dangerous Consequence to give the Subject any Dependency upon them."

L. Conway's Speech, touching the foregoing Petition.

The Lord Archbishop of Cant. having ended, the Lord Conway affirmed, "That this Pardon, though dated the next Day after the King's Promise to the Parliament, yet it is no Breach thereof; for it was granted long before."

And his Lordship shewed, "How that, at Christmas last, His late Majesty promised unto Villa Clare (the French Ambassador) certain Graces and Privileges to the Papists. Marquis Duffiat did afterwards obtain the like, to the End that the Queen might come the more easily hither. And the Duke of Sheveries (His Majesty's Kinsman), who brought the Queen over, importuned Him that he might carry home the like Graces also.

"The Pardon passed by immediate Warrant, to take off the Ambassador continual Importunity to the King. And he (being Secretary of State) solicited it himself (but at His Majesty's absolute Command), to take off all Imputation from His Majesty, and not out of any Affection of his to that Religion, which he ever hated.

"As touching the not paying of the Fees, Mr. Benbowe demanded Fifty Pounds for the Fees; and the Ambassador complaining thereof unto His Majesty, He commanded him to see that no Fees should be taken.

"That the Duke of Sheveries importuned the King to write that Letter Himself, in Favour of Mrs. Eastmond; so that he, as Secretary, was inforced and commanded by the King to do it, rather than that His Majesty should. The said Duke complained much of the Justices hard Carriage unto her; but he never heard any Thing of her obstinate Behaviour to them, nor of any Copes or Altars found in her House; wherefore he wrote also to be advertised of her Offence by them, but was not until within these few Days.

"His Lordship protested his Sincerity to the true Religion here established, whereof he had formerly given good Testimony, and wherein he will persevere; and that what he did in these Matters was only to take away all Scandal from His Majesty, though it lighted upon himself; and that he did nothing but what he was first commanded to do expressly by His Majesty."

Ld. Keeper's.

The Lord Keeper also affirmed, "That his Lordship received the said Pardon long before the Date thereof; if he had made a Recepi upon the Warrant, as is usual in other Cases, it had borne Date with it, though sealed afterwards; but his Lordship deferred the Sealing thereof, in Hope that the Ambassadors would have been gone first, as they were often upon going; but they staying, and daily urging the King for the Pardon, he (being again commanded) sealed it at the next General Seal; and so it had Date with the Time of the Seal, and not of the Grant; his Lordship well hoping, upon the Departure of (fn. 1) the Ambassadors, to have stayed it with His Majesty; otherwise it had been sealed before the King's Promise to the Parliament; and therefore this can be no Breach of the King's Promise."

And his Lordship shewed, "That the Ambassador urged His Majesty very much to give a General Dispensation to the Papists; but the King was advised rather to pardon some few of them what was passed ; which Counsel, though to be commended, yet none gave Way unto it, but much against their Will; and his Lordship wished, "That a Petition might be presented unto His Majesty, to stay the like Pardons hereafter."

The Petition:

Petition about Religion.

"Most Gracious Sovereign,

"We Your Majesty's most loyal Subjects, the . . . . . . . . . . . . . . . . . and Commons, in this present Parliament assembled, having, at our last Meeting in this Session, out of our Duty to God and to Your Majesty, our Zeal to Religion and our Country, presented our humble Petition to Your Sacred Majesty, for Advancement of God's true Religion, and suppressing the contrary; unto which Your Majesty vouchsafed, as well by Your own Mouth, as after, on the Eleventh of July, by the Month of the Lord Keeper, to return such Answer, as gave unto us not a Hope only, but an Assurance of real Performance of those Things for which we humbly petitioned; yet, at our present Meeting, we find, that, on the 12th of July last, Your Majesty hath granted a Pardon to one Alexander Baker, a known and notorious Jesuit (who had been formerly released for the like Offences), and also to Ten others of the Popish Religion; which, we are informed, was drawn from Your Majesty by the Importunity of some Foreign Ambassador, a Course of late so frequently practised by Your ill-affected Subjects, of dangerous Consequence, inducing a Dependency upon Foreign Princes. In which Pardon, we further observe:

"That it extends to all Treasons, Felonies, Præmunires, and Penalties, mentioned by the Statute 23 and 27 Eliz. and 3 Jacobi, with great Judgement provided to keep Your Majesty's Subjects in their due Obedience.

"That it dispenseth with the Statute 10 Ed. III. which directeth, That every Felon, upon Pardon obtained, should be bound to the good Behaviour.

"That it was passed by immediate Warrant, which is not used but for Your own immediate Service.

"That it came recommended from Your Principal Secretary of Estate, and solicited by one of his Servants.

"That it was passed without paying the ordinary Fees, that they might be more bound to their Patrons for it.

"And whereas divers Copes, Altars, Chalices, and other Stuff pertaining to the Exercise of the Popish Religion, were lately found in the House of one Mary Eastmond, by Two Justices of the Peace in the County of Dorsett, who thereupon did tender unto her the Oath of Allegiance, which she refused, and being for that Refusal committed to the Constable, she made an Escape, and complained to Your Majesty; we find that a Letter was written, by the same Secretary, to those Justices, bearing Date the 17th Day of July last, in her Favour.

"All which tending, as we conceive, to the Prejudice of true Religion, to Your Majesty's Dishonour, to the Discouragement of the High Court of Parliament, the Discountenancing of Your Ministers of Justice, the Grief of Your good People, and the animating of the Popish Party, who, by such Example, daily grow more proud and insolent; we, in all Humility, beseech Your Majesty to take the same into Your most wise, religious, and gracious Consideration, and to give a due, effectual; and speedy Redress herein."

Message from the King, delivered to both Houses, reported.

The Lord Keeper reported the Message delivered from His Majesty unto both Houses, Yesterday in the Afternoon, in Christ-church Hall, in Oxford, to this Effect: videlicet,

"First, That his Lordship told them that His Majesty had Graciously, Fully, and Parliamentarily, answered the Petition touching Religion, delivered Him by both Houses at Hampton Court, the 8th Day of July last; and had commanded his Lordship to signify unto the Lords and Commons, That His Majesty had commanded the Lord Admiral to deliver His said Answer thereunto to both Houses, to be by them disposed as the Answers of Kings unto Petitions exhibited in this Kind are wont to be. And withall to deliver unto them a Message from His Majesty, concerning those great Affairs of His Majesty's now in Hand and Agitation in the House of Commons.

"That then the Lord Admiral said, His Majesty had laid upon him such a Charge as, when he did consider his own Weakness, might utterly discourage him; were it not that, reflecting again upon that Plainness and Sincerity (fn. 2) wherewith a King should deal with His People, he found himself the fitter for the Employment, in that he was sure to deliver it without Rhetorick or Art. As concerning the Petition, he could dispatch that in Two Words; that is, by giving us full Assurance that all was granted which was desired; but held it fitter, for our Satisfaction, to read the Petition, with the Answers annexed."

Which was read accordingly by Mr. Attorney, in hæc verba:

The Petition:

Petition about Religion, formerly exhibited to both Houses.

"To the King's most Excellent Majesty.

"Most Gracious Sovereign,

"It being infallibly true, that nothing can more establish Your Throne, and assure the Peace and Prosperity of Your People, than the Unity and Sincerity of Religion; we Your Majesty's most humble and loyal Subjects, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, observing that of late there is an apparent mischievous Increase of Papists in Your Dominions, hold ourselves bound, in Conscience and Duty, to represent the same to Your Sacred Majesty, together with the dangerous Consequence, and what we conceive to be the principal Causes thereof, and what may be the Remedies.

"The Dangers appear in these Particulars:

"1. Their desperate Ends, being the Subversion both of Church and State, and the Restlessness of their Spirits to attain their Ends, the Doctrine of their Teachers and Leaders persuading them that therein they shall do God good Service.

"2. Their evident and strict Dependency upon such Foreign Princes as no Way affect the Good of Your Majesty and this State.

"3. The opening a Way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party.

"The principal Causes of the Increase of Papists.

"1. The Want of the due Execution of the Laws against Jesuits, Seminary Priests, and Popish Recusants, occasioned partly by Connivance of the State, partly by some Defects in the Laws themselves, and partly by the manifold Abuses of Officers.

"2. The interposing of Foreign Princes, by their Ambassadors and Agents, in Favour of them.

"3. Their great Concourse to the City, and their frequent Conventicles and Conferences there.

"4. Their open and usual Resort to the Houses and Chapels of Foreign Ambassadors.

"5. The Education of their Children in Seminaries, and Houses of their Religion, in Foreign Parts; which of late have been greatly multiplied and enlarged, for entertaining of the English.

"6. That, in some Places of this Your Realm, Your People are not sufficiently instructed in the Knowledge of true Religion.

"7. The licentious printing and dispersing of Popish and seditious Books.

"8. The Employment of Men ill-affected in Religion in Places of Government, who do, shall, or may countenance the Popish Party.

Remedies proposed against the Increase of Popery, &c. with His Majesty's Answers to them.

"The Remedies against this contagious and dangerous Disease we conceive to be these ensuing (whereunto His Majesty's Answers are set down severally, as they follow in Order).

Education of Youth.

"1. That the Youth of this Realm be carefully educated, by able and religious School-masters; and they to be enjoined diligently to catechise and instruct their Scholars in the Grounds and Principles of true Religion. And whereas, by many Complaints from divers Parts of the Kingdom, it doth plainly appear that sundry Popish School-masters, dissembling their Religion, have craftily crept in, and obtained the Places of teaching in divers Countries, and thereby infected and perverted their Scholars, and so fitted them to be transported to the Popish Seminaries beyond the Seas.

"That therefore there be great Care in the Choice and admitting of School-masters; and that the Ordinaries make diligent Enquiry of their Demeanors, and proceed to the removing of such as shall be faulty, or justly suspected."

Answer.

"This is well allowed of; and, for the better Performance of what is desired, Letters shall be written to the Two Archbishops, and from them Letters to go to all the Ordinaries, in their several Provinces, to see this done; and the several Ordinaries to give Account of their Doings herein to the Archbishops respectively, and they to give Account to His Majesty of their Proceeding herein."

Discipline of the Universities to be restored.

"2. That the ancient Discipline of the Two Universities be restored, being the famous Nurseries of Literature and Virtue."

Answer.

"This is approved of by His Majesty; and the Chancellor of each University shall be required to cause due Execution of it."

Silenced Ministers to be restored, and Pluralities and Non-residence to be avoided.

"3. That special Care be taken, to enlarge the preaching of the Word of God through all Parts of Your Majesty's Dominions, as being the most powerful Means for planting of true Religion, and rooting out of the contrary; to which End, amongst other Things, may it please Your Majesty to advise the Bishops, by Fatherly Intreatment and tender Usage, to reduce to the peaceable and orderly Service of the Church such able Ministers as have been formerly silenced, that there may be a profitable Use of their Ministry in these needful and dangerous Times; and that Nonresidency, Pluralities, and Commendams may be mo Origin. whereof. derated; where we cannot forbear most humbly to thank Your Majesty for diminishing the Number of Your own Chaplains; nothing doubting of Your like Princely Care for the well-bestowing of Your Benefices, both to the Comfort of Your People, and for the Encouragement of the Universities, being full of grave and able Ministers, unfurnished of Livings."

Answer.

"This His Majesty likes well, so as it be applied only to such Ministers as are peaceable, orderly, and conformable to the Church-Government. For Pluralities, Non-residency, and Commendams, these are so now moderated, that the Archbishop affirms there be now no Dispensations for Pluralities granted; nor no Man now hath above Two Benefices, and those not above Thirty Miles distant. And for avoiding Nonresidency, the Canon in that Case provided shall be duly put in Execution. For Commendams, they shall be but sparingly granted, only in Cases where the Exility and Smallness of the Bishoprick requires it. Also, His Majesty will cause that the Benefices belonging to Him shall be well bestowed; and, for the better propagating of Religion, His Majesty recommends to the House of Parliament, that Care may be taken, and Provision made, that every Parish shall allow competent Maintenance for an able Minister; and that the Owners of Parsonages Impropriate would allow to the Vicars, Curates, and Ministers, in Villages and Places belonging to their Parsonages, sufficient Stipends and Allowances for Preaching Ministers."

To prevent English Children being sent to Popish and Foreign Seminaries.

"4. That there may be strait Provision against the transporting of English Children to the Seminaries beyond the Seas, for re-calling of them (fn. 3) who are there already placed, and for the punishing of such of Your Subjects as are Maintainers of those Seminaries, or of the Scholars there; considering that, besides the seducing of Your People, great Sums of Money are Yearly expended upon them, to the impoverishing of this Kingdom."

Answer.

"The Law in this Case shall be put in Execution; and further, there shall be Letters written to the Lord Treasurer, as also to the Lord Admiral, That all the Ports of the Realm, and the Creeks and Members thereof, be streightly kept, and strict Searches made to this End, and Proclamation shall be to recal both the Children of Noblemen and the Children of any other Men, and they to return by a Day. Also the Maintenance of Seminaries or Scholars there shall be punished according to Law."

Recusants not to come within the Verge of the Court, and none but Protestants to be admitted into the Queen's Service.

"5. That no Popish Recusant be permitted to come within the Court, unless Your Majesty be pleased to call him upon special Occasion, agreeable to the Statute of 3° Jac. Cap. 5°. And whereas Your Majesty, for the preventing of many apparent Mischiefs, both to Your Majesty and the State, have, in Your Princely Wisdom, taken Order, That none of Your natural-born Subjects, not professing the true Religion by Law established, be admitted into the Service of Your most Royal Consort the Queen, we give Your Majesty most humble Thanks, and desire that Your Order therein may constantly be observed."

Answer.

"If His Majesty shall find, or be informed of, any Concourse of Recusants to the Court, the Law shall be strictly followed; and His Majesty is pleased, that, by Proclamation, the British and Irish Subjects shall be put in the same Case; and as His Majesty hath provided in the Treaty with France, so His Purpose is to keep it, that none of His Subjects shall be admitted into His Service, or into the Service of His Royal Consort the Queen, that are Popish Recusants."

Laws against Jesuits, &c. to be put in Execution, and no Recusant to be Keeper of a Prison.

"6. That all the Laws now standing in Force against Jesuits, Seminary Priests, and others having takes Orders by Authority derived from the See of Roome, be put in due Execution; and, to the Intent they may not pretend to be surprised, that a speedy and certain Day be prefixed, by Your Majesty's Proclamation for their Departure out of this Realm, and all other Your Dominions, and not to return, upon the severest Penalties of the Law now in Force against them; and that all Your Majesty's Subjects may be thereby also admonished, not to receive, entertain, comfort, or conceal any of them, upon the Penalties which may be lawfully inflicted; and that all such Priests, Jesuits, and Recusants Convicted, which are or shall be imprisoned for Recusancy, or any other Cause, may be so strictly restrained, as that none shall have Conference with them, thereby to avoid the Contagion of their corrupt Religion; and that no Man who shall be justly suspected of Popery be suffered to be Keeper of any Your Majesty's Prisons."

Answer.

"The Law in this Case provided shall be put in Execution; and a Proclamation shall be, to the Essex desired; and such Restraint shall be made as is desired; and no Man that is justly suspected of Popery shall be suffered to be Keeper of any His Majesty's Prisons."

No Popish Bishop to exercise Ecclesiastical Function or any of the King's Subjects.

"7. That Your Majesty be pleased to take such Order as to Your Princely Wisdom shall be expedient, that no natural-born Subject, or Stranger, Bishop, nor any other by Authority from the See of Roome, confer Ecclesiastical Orders, or exercise any Ecclesiastical Function whatsoever, towards or upon any of Your Majesty's natural Subjects, within any of Your Dominions."

Answer.

"This is fit to be ordered accordingly, as it is prayed; and it shall be so published by Proclamation."

Grants of Lands to Recusants, voidable by Law, to be considered.

"8. That Your Majesty's Learned Counsel may receive Order and Commandment to consider of all former Grants of Recusants Lands, that such of them may be avoided as are made to the Recusant's Use or Trust, or out of which the Recusant receiveth Benefit, which are either void or voidable by Law."

Answer.

"The King will give Order to His Learned Counsel, to consider of the Grants; and will do accordingly as is desired."

Recusants, &c. to be proceeded against by Excommunication.

"9. That Your Majesty be likewise pleased straitly to command all Judges and Ministers of Justice, both Ecclesiastical and Temporal, to see the Laws of this Realm against Popish Recusants to be duly executed; and namely, that the Censure of Excommunication be declared and certified against them; and that they be not absolved, but upon public Satisfaction, by yielding to Conformity."

Answer.

"His Majesty leaves the Laws to their Course; and will give Order in the Point of Excommunication, as is desired."

Recusants to be removed from all Places of Trust.

"10. That Your Majesty be pleased to remove from all Places of Authority and Government all such Persons as are either Popish Recusants or (according to Direction of former Acts of State) justly to be suspected."

Answer.

"This His Majesty thinks fit; and will give Order for it."

Recusants to be disarmed.

"11. That present Order be taken, for the disarming of all Popish Recusants, legally convicted, or justly suspected, according to the Laws in that Be half, and the Orders taken by His late Majesty's Privy Council, upon Reason of State."

Answer.

"The Laws and Acts of State, in this Case provided, shall be followed, and put in Execution."

Recusants not to go more than Five Miles from Home.

"12. That Your Majesty be also pleased, in regard of the great Resort of Recusants to and about London, to command, That forthwith, upon Pain of Your Indignation, and severe Execution of the Laws, they retire themselves to their several Countries, there to remain confined within Five Miles of their Dwelling Places."

Answer.

"For this, the Laws in Force shall be forthwith executed."

The King's Subjects not to resort to Foreign Ambassadors Chapels to hear Mass.

"13. And whereas Your Majesty hath straitly commanded, and taken Order, That none of Your natural-born Subjects repair to the Hearing of Mass, or other superstitious Service, at the Chapels or Houses of Foreign Ambassadors, or in any other Place wheresoever; we give Your Majesty most humble Thanks; and desire that Your Commandment and Order therein may be continued and observed; and that the Offenders herein be punished, according to the Laws."

Answer.

"The King gives Assent hereunto; and will see that observed which herein hath been commanded by Him."

Abusers of the Protestant Religion to be punished.

"14. That all such Insolences as any popishly affected have lately committed, or shall hereafter commit, to the Dishonour of our Religion, or to the Wrong of the true Professors thereof, be exemplarily punished."

Answer.

"This shall be done, as is desired."

Penalty to be levied on those who omit going to Church on Sunday.

"15. That the Statute of Primo Eliz. for the paying of Twelve Pence every Sunday by such as shall be absent from Divine Service in the Church, without lawful Excuse, may be put in due Execution; the rather for that the Penalty is by the Law given to the Poor, and therefore not to be dispensed with."

Answer.

"It is fit this Statute be executed; and the Penalty shall not be dispensed with."

For the true Religion to be established also in Ireland.

"16. Lastly, That Your Majesty be pleased to extend Your Princely Care also over the Kingdom of Ireland, that the like Courses may be there taken for restoring and establishing of true Religion."

Answer.

"His Majesty's Cares are, and shall be, extended over that Kingdom of Ireland; and will do all that a Religious King should do, for the restoring and establishing of true Religion there."

"And (fn. 4) thus, most Gracious Sovereign, according to our Duty and Zeal to God and Religion, to Your Majesty, and Your Safety, to the Church and Common-wealth, and their Peace and Prosperity, we have made a plain and faithful Declaration of the present Estate, the Causes and Remedies of this increasing Disease of Popery; humbly offering the same to Your Majesty's Princely Care and Wisdom. The Answer of Your Majesty's Father, our late Sovereign of Famous Memory, upon the like Petition, did give us great Comfort and Expectation of a Reformation in these Things. But Your Majesty's many gracious Promises made in that Kind do give us Confidence and Assurance of the continual Performance thereof. In which Comfort and Confidence reposing ourselves, we most humbly pray for Your Majesty's long Continuance in all Princely Felicity."

The King's Answer, super Totam Materiam.

The Petition and Answers being read; the Lord Admiral said, "That, as His Majesty took well your putting him in Mind of this Care of Religion, so He would have done all this granted at this Time, though He never had been petitioned unto. Neither doth His Majesty place this Petition in this Order, as a Wheel to draw on other Affairs and Designs; but leaves them to move upon their own Spheres, as being of sufficient Poize and Weight within themselves. What is done in this Petition comes from these Two Fountains; Conscience, and Duty to his Father, who, in His last Speech, recommended unto Him the Person, not the Religion, of His Queen."

State of the Fleet reported.

Then his Grace signified, "That, by the King's Commandment, He was to give unto both Houses an Account of the Fleet, and all the Preparations thereof;" which his Grace began in this Manner: videlicet,

"That the first and last Time he had the Honour to speak in this Auditory was of the same Business; and then he was so happy as to be honoured and applauded by both Houses. And he made no Question, but, speaking with the same Heart, and of the same Business, he should be so now; for, if you look upon the Change of the Estate in Christendom, you cannot think it less than a Miracle. Then the King of Spaine was sought and courted by all the World. He was become Master of the Valtoline, had broken all Germany in Pieces, and was possessed of the Palatinate; the Princes of Germany were weak, and not able to resist; and, by reason of my Master's Neutrality, caused by a Treaty, He kept all other Kings and Princes in Awe. Now, on the contrary Side, the Valtoline is at Liberty. The War is proclaimed beyond the Alpes. The King of Denmarke is in Arms, with Seventeen Thousand Foot and Six Thousand Horse, besides Commissions to make them up Thirty Thousand. The King of Sweden is also interested. The Princes of the Union are revived, and the King of France engaged against Spaine; and, for that Purpose, hath made Peace with His own Subjects, and joined and confederated himself with Savoye and Venice. Why should not he therefore hope for the same Success, considering that, since that Time of his last Speech to both Houses, there was not one Action, or a Thought of his, that leveled at any other than the same Object; that is, to please your Desire? If he should credit all Rumours (which he will not do), he should speak with some Confusion of Fear, to hold the same Place he formerly had in your Affections; but, having still the same virtuous Ambition, and considering his own Heart to the King and State, he could find no Cause of Alteration, but of all Courage and Confidence."

Here he made a Request to the House of Commons, "That, if any Man hath spoken, or shall speak, any Thing in Discharge of his Conscience, Zeal of Reformation, or Love to his Country, which may seem to reflect upon some particular Persons, he may be the last that shall apply it to himself; because he is confidently assured of Two Things; first, that they are just, not to fall upon him without Cause, to lately approved by them. And secondly, that himself shall deserve nothing that shall unbecome a faithful Englishman."

Duke of Buckingham's Speech, by way of Question and Answer, assisted by Sir John Cooke, relative to the Proceedings since the Breach of the Treaties.

For the Method of his ensuing Speech, his Grace chose (fn. 5) rather to proceed by Way of Questions and Answers, than in one continued Speech; as being the speedier Way and Means to yield Satisfaction.

"He would take his Rise, he said, from the Breach of the Treaties and Alliance, and put Questions upon himself, yet none but such as should be material to the Business in Hand."

"Here his Grace did move some Twelve; which the Lord Keeper said he would dissolve, for Clearness and Perspicuity sake, into Fourteen Questions."

"1. The First Question:

"By what Counsel these Designs and Actions of War were carried and enterprized?"

"The Answer:

"First, by the Counsel of the Parliament; and this his Grace proved by the Act of both Houses, 23 Martii 1623, which was read. And then his Grace proceeded, and said, Here you see, my Lords and Gentlemen, that His Majesty, moved by this Counsel, applied Himself accordingly for the Defence of the Realm, the securing of Ireland, the assisting of our Neighbours, The States of the United Provinces, and other our Friends and Allies, and for the setting forth of the Navy Royal.

"His Majesty, looking into His Purse, saw enough to do all the former Actions, but not this latter; for, when He came to consider the Navy, there was neither Money nor Preparations; yet, looking upon the Affairs of Christendom, He found that of most Necessity.

"Hereupon His Majesty, of Famous Memory, did his Grace that Honour, as to write from Newemarkitt, unto him at London, a Letter to this Effect: That, looking into the Affairs of Christendom, He found it necessary that a Royal Fleet should be prepared and set in Readiness; but that He had no Money. Wherefore his Lordship and his Friends must begin to lay out, and no doubt but others would follow; and by this Means the King might the longer lie concealed and undiscovered in the Enterprise, as bearing the Name of the Subjects only; and other Princes, in Hope to draw Him on, would sooner come to the Business.

"Upon this Letter, his Grace leaped into the Action with all Alacrity; and, having received all that he had from His Majesty, was most desirous, and held it a Happiness, to pour it out upon His Service and Occasions. But this he did not upon his own Head, but fortified with the Advice and Counsel of these worthy Persons; the Lord Conway, Lord Chichester, Lord Grandison, Lord Carewe, Lord Brooke, Lord Harvey, Sir Roberte Mansfeild, and Sir John Cooke.

"Their first Consultation was of the War; the next of the Means; but both the one and the other was justified by more than himself. He never did any Thing but by them. Nothing was ever resolved on or altered but in their Company; for either he repaired to them, or else they did him that Honour (as his Grace termed it) to resort to his Chamber.

"When all was thus digested and prepared, and that they came to proportion Time and Levies; then, with the King's Leave, the Business was imparted to all the Lords of the Council, and the Account was made unto them, and allowed by them; who said there openly (His Majesty being present), That, if this were put in Execution, it would do well, and gave some Attributes unto it."

"Here Sir John Cooke justified the shewing and approving of these Accounts at the Council Table; that the Accounts consisted of long Particulars, of Soldiers to be levied, Mariners to be pressed, Forwardness of the Ships and Provision; and that nothing (fn. 6) was wanted but Money; and that he had all these Particulars ready to be shewed to the House of Commons, if they should require it."

"His Grace proceeded; and shewed, That he was so religious to guide these great Affairs by Counsel, that, at his Journey into France (which fell out about this Time), he desired His Majesty to recommend the Business to a select Council, as His Majesty did, to the Lord Treasurer, the Lord Chamberlain, the Lord Conway, and the Lord Brooke, who in his Absence took Care of the same.

"This his Grace thought fit to tell your Lordships, that you may see by what Counsel this great Business was carried; and that, in all the managing thereof, he stepped no Step but by their Approbation."

"2. The Second Question:

"Why did not His Majesty declare the Enemy presently, upon the granting of those Three Subsidies?"

"The Answer:

"His Majesty considered the Estate of Christendom at that Season, and found it full of Danger to declare the Enemy, for Three Reasons: First, because that great Enemy would be more prepared. Secondly, Spaine being the Enemy, our Merchants would be embargoed, who are now drawn Home. Thirdly, our Friends, finding us so long unprepared after our Declaration, had despaired, and never believed any Reality of our Intendments."

"3. The Third Question:

"Whether this vast Sum of Forty Thousand Pounds, bestowed upon the Navy, together with Forty Thousand Pounds more to be now employed, and Threescore Thousand Pounds at the Return, be so frugally husbanded as is fit?"

"The Answer:

"This his Grace refers to Sir John Cookes Accompts, which the House of Commons may peruse; and, when Sir John Cooke hath done, the particular Officers also shall be ready to justify it with their Accompts."

"Here Sir John Cooke interposed, that he had already shewed his Account; and that his Grace had laid out of his own, Four and Forty Thousand Pounds, and the Treasurer of the Navy (at his Request) above Fifty Thousand Pounds; and his Grace added, that all this borrowed Money was managed by the proper Officers, as if it had issued out of the Exchequer, and had not been borrowed elsewhere."

"4. The Fourth Question:

"Whether a considerable Sum of Money be yet required?"

"The Answer:

"Forty Thousand Pounds is yet necessary; but that our Master is exhausted, His Treasurer anticipated, His Lands pawned, His Plate offered to be pawned but not accepted; and yet His Majesty must be maintained."

"5. The Fifth Question:

"Whether this Fleet was ever intended to go out or not?"

"The Answer:

"There have been some flying Rumours to that Effect. But what Policy were it in the King, with the Charge of Four Hundred Thousand Pounds, to amaze the World, cozen His People, and put you to such a Hazard? what should he gain by an Act that should make Him blush when He met with you again? Certainly the King would never employ such a Sum, but for a Necessity in the Affairs of Christendom to do it. And it was done with an Intention to set it out with all the Speed that might be."

"6. The Sixth Question:

"Why was not this Want of Money foreseen in the first Project of the whole Service, but now only thought upon, unexpectedly, and dangerously considering the Sickness? why not before the last Adjournment, whereby we are cast upon so unseasonable a Time?"

"The Answer:

"It was foreseen before, but interrupted by unfortunate Accidents: 1. The Death of the late King. 2. The Funeral, which for Decency could follow no sooner. 3. The Journey into France, and the Marriage, which procured more Delays than was expected, but necessary.

"Sithence the Opening of the Parliament, His Majesty declared this Necessity; and told you plainly, that this Sitting must be, not for Counsel, but Resolution. And when he understood the Grant of the Two Subsidies, he conceived that Money to be but a Matter of Custom, to welcome Him to the Crown, and intended, when you should present them unto Him, to dilate of the Business more at large, as afterwards he did by Sir John Cooke."

"7. The Seventh Question:

"Who gave Counsel to meet so suddenly, when the Sickness was so dangerously spread?"

"The Answer:

"His Majesty commanded him to say, that it was the Business itself which gave the Counsel, and the Necessity of it; else His Majesty would not have hazarded the Two Houses, nor the rest of the Kingdom, by the spreading of it. If He had been able any Way, without your Help, to have set out the Navy, He would have done it, and trusted upon you for a Supply afterward.

"If it be a Fault (as I see none, said his Grace), why should the Realm, the Action, and the State of Christendom, suffer for it? If it be undertaken for your Good and the King's Honour (now budding), and the State of Christendom, why should a particular Man's Fault make it miscarry? I hope your Wisdoms shall so pierce through it, as to set it forward."

"The Eighth Question:

"Why should not the King help this Action with His own Estate?"

"The Answer:

"Judge you whether He doth; for, observing the great Gift you gave the Sessions before, He was unwilling to take any more from you, and laid all His Estate upon the Enterprise, and will do so again as soon as He shall be enabled."

"9. The Ninth Question:

"Is not the Time of the Year too far spent for the Navy to go forth?"

"The Answer:

"The King answered this the last Day. Better Half the Navy should perish, than the going forth thereof should be stayed; it would shew such Want of Counsel and Experience in the Design, Want of Courage, Weakness, and Beggarliness, in being not able to go through with it.

"And for the Time, there was not One only, but Three Ends proposed of this Service. And the Time of Year is yet seasonable for either of them I could demonstrate the same, if the Design might be published, which your Wisdoms will not think fit."

"Here his Grace said he would satisfy the Houses in some other Things."

"10. The Tenth Question:

"Whether those Eight Ships lent to the French King were paid with the Subsidy Money? Or to be employed against the Rochellers?"

"The Answer:

"To the First, Those Eight Ships were employed at the Charge of the French King. To the Second, It is not always fit for Kings to give Account of their Counsels. Judge the King by the Event."

"11. The Eleventh Question:

"Whether, having been our Servant to break with Spaine, his Grace made not a worse March with France, and upon harsher Conditions?"

"The Answer:

"I hope the contrary will appear, by the Answers to your Petition.

"And he assured us that His Majesty had broken no public Faith in giving the same Answers."

"12. The Twelfth Question:

"Did not his Grace serve us in breaking the Treaties with Spaine, out of particular Spleen and Malice to Count Olivares?"

"The Answer:

"There was no Cause for him to hate Olivares; he was the Means to make his Grace happy; for out of his Hands came those Papers by which his Grace gained the Love of a Nation which before thought not so well of him. He is not vindictive in his Nature; he can forgive those which had no such natural Respects to that Country as Olivares had; neither doth his Grace love that any Man should be an Instrument, by ill Means, to do a good Action, as Olivares intended to serve his Master and Kingdom by indirect Means.

"And his Grace can make a further Proof, that he is not vindictive; he can forgive one of his own Nation, that concurred with Olivares; but he was pleased to leave that Business asleep, which if it should wake, would prove a Lion to devour him which was the Author of it, meaning one of our own Nation, who co-operated with Olivares."

"13. The Thirteenth Question:

"It will be objected in the Thirteenth Place, that hitherto his Grace speaks of nothing but immense Charges, which the Kingdom is not able to bear; as, the King of Denmarke, Thirty Thousand Pounds per Mensem; to Count Mansfeild, Twenty Thousand Pounds a Month; to the Low-Countries, Eight Thousand Pounds a Month; to Ireland, Two Thousand Six Hundred Pounds a Month; besides the Seconding of the Fleet with a Supply, for the which Twelve of His Majesty's Ships are now in preparing?"

"The Answer:

"Make the King Chief of the War, by a Diversion in this Kind; and He will give a greater Advantage to all His Allies, than by allowing them Fifty Thousand Pounds, may a Hundred Thousand Pounds a Month.

"What is it for His Allies to snatch with the King of Spaine? to win a Town To-day, and lose it Tomorrow? to get or lose a Town by scratching? It is almost impossible to hope for a Conquest in this kind, the King of Spaine being so able by Land.

"But let the King (our Sovereign) be Master of the Wars elsewhere, and make a Diversion; and let the Enemy be compelled to spend his Money and Men in other Places; and our Allies in these Parts will be suddenly and unperceivedly strengthened and enabled.

"And by this Kind of War you send no Coin out of the Land; you issue nothing but Beef, Mutton, and Powder; and the Kingdom is not impoverished, but may make good Returns."

"14. The Fourteenth Question:

"Where is the Enemy?"

"The Answer:

"Make the Fleet ready to go out, and the King hath given him Commandment to bid you name the Enemy yourselves. Put the Sword into His Majesty's Hands, and He will employ it to your Honour, and the Good of the true Religion.

"As you issue nothing that is lost, so will you bring Home somewhat again, and henceforward maintain the War by the Perquisites thereof; make but once an Entrance, it may afterward be maintained with Profit.

"When the Enemy is declared, you may have Letters of Marque; none shall be denied. I have not been (said his Grace) so idle, but I shall make Propositions of venturing whither you yourselves may go, and shall have the Honey of the Business."

"Lastly, his Grace told us, That the King commanded him to admonish the Assembly to take Care of the Season, and their own Health; for, if you lose Time, no Money can purchase it. And he ended with this Apology: If, in this Relation, through my Weakness, I have injured the Affairs, the King, the Estate of Christendom, I crave your Pardon; my Intentions were good."

Report of His Majesty's Estate.

The Lord Keeper further reported, That the Message, which the Lord Treasurer was to deliver from His Majesty at that Time also, was, to let them know His Majesty's Estate.

His Lordship produced a Paper, wherein he had set the same down, according as his Memory and the Time would permit him on the sudden.

He divided the same into Three Parts:
"1. The Estate the late King left.
"2. The Estate the King now stands in.
"3. And how it will be in the Future.

"1. The First his Lordship divided into Three Parts: The late King's Debts, Anticipations, and Engagements.

"His Debts are, to London and other Gentlemen, borrowed upon the Great Seal, and the Lords Bonds, Six Score Thousand Pounds, besides growing Interest.

"To the Wardrobe, Forty Thousand Pounds at the least; Part whereof is due to poor People.

"To the King of Denmarke, Seventy-five Thousand Pounds, and the Interest, which was borrowed for the Palatinate.

"Arrearages for Pensions, a large Sum, but not cast up.

"To His Household, a great Sum, which his Lordship left to the Officers thereof to relate unto the Commons.

"The Anticipations made by the late King of His Rents, before they were due, come to Fifty Thousand Pounds; which was presently bestowed on this Action.

"His Engagements are for the Pay of Six Thousand Foot in The Low Countries, of Ten Thousand Foot under Count Mansfeild, the Rigging, Victualing, and Providing this great Navy, not the like in our Memory."

"2. As touching the State of the King as now it stands, his Lordship divided the same into Debts and Disbursements, which he defrays out of His Coffers: That His Father's Debts, Anticipations and Engagements lie all upon Him.

"His own Debts, as Prince; came to Seventy Thousand Pounds at the least, feared to be Ninety Thousand Pounds; for Payment whereof His Majesty hath engaged those Lands He then had, and those Commissioners Bonds. This great Action brought His Majesty (when He was Prince) thus in Debt; for He then gave Twenty Thousand Pounds to the Navy, and Twenty Thousand Pounds to Count Mansfeild, besides other great Gifts that Way; whereas before He did owe very little or nothing, to his Lordship's own Knowledge.

"His Majesty's Disbursements, defrayed out of His own Coffers:

"To the King of Denmarke, Six and Forty Thousand Pounds.

"To the Soldiers at Plimmouth and Hull, Sixteen Thousand Pounds.

"For Mourning and Funerals, Twelve Thousand Pounds paid, and Sixteen Thousand Pounds to pay.

"Expences of the Queen, Entertainment of Ambassadors in Diet and Gifts, Forty Thousand Pounds.

"Advanced to the Queen, Fifty Thousand Pounds.

"The King and Queen of Bohemia, Eleven Thousand Pounds.

"The Navy, Three Hundred Thousand Pounds.

"And One Hundred Thousand Pounds to be disbursed; videlicet, Forty Thousand Pounds now, and Sixty Thousand Pounds at the Return.

"3. The King's State in the Future, as in Charges of Continuance, consist of these Ten Particulars:

"1. Debts unpaid, and Interest.

"2. Anticipations of old, of Fifty Thousand Pounds.

"3. Anticipations of new, of Two Hundred Thousand Pounds, anticipated by Himself, to the emptying of all His Coffers, even of that which should maintain Him with Bread and Drink from this Day forward.

"4. To the King of Denmarke, Thirty Thousand Pounds per Mensem.

"5. To Count Mansfeild, Twenty Thousand Pounds per Mensem.

"6. To The Low Countries, Eight Thousand Five Hundred Pounds per Mensem.

"7. To Ireland, Two Thousand Six Hundred Pounds per Mensem.

"8. The Queen's Allowance and Diet, Thirty-seven Thousand Pounds per Annum.

"9. To the King and Queen of Bchemia, Twenty Thousand Pounds per Annum.

"10. Preparations for Defence of the Realm, and Seconding the Navy.

"His Lordship alledged that some Sums are omitted, because they are uncertain, and were before his Lordship's Time.

"That no Total is cast up, because his Lordship had no Auditor here.

"And promised, That himself, or his subordinate Officers, will be ready to give Satisfaction of all or any of these Particulars.

Report approved of.

The Lord Keeper having ended these Reports, the same were approved by the Lords.

The House was put in Mind of the Request of the Commons, to join with them in a Petition to the King, as was reported this Morning by the Lord Archbishop of Canterbury; and moved, To send a Message to the Commons, for a Conference, at Three this Afternoon, touching the same, for that it may be they will not sit To-morrow.

Message to the Commons for Conference.

The Message was sent accordingly, by Mr. Attorney General and Mr. Doctor Eden; but the Commons were risen before.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 10^m diem instantis mensis Augusti, hora octava, Dominis sic decernenribus.