Imágenes de páginas

of commons by the warden ot the Fleet prison, where tie made the same submission, on his knee*, W their bar.

Debute in the Commons on the Bill for Tunnugc and Poundage] The common.1- had Iiijw resumed their debate on the bill tor Tunnage and Poundage; in which Mr. Seldeu's arguments chiefly turned on these points: 'That whereas the ting's counsel objected, that 1 Eli*, saith, it was granted time out ot' mind to the king; he feared his majesty is told so, nud some body doth ascertain him so: but we maj clear that; tor not only 1 Eliz. but also in the statute ot 1 Jac. the words ' lime out of mind' is, That w hereas king 11m. 7. and other his majesty's progenitors, have had some Subsidy for the guarding of the seas; and there was never a king hut had some Subsidy; in that sense it is, indeed, ' time out of mind; yet is it a matter of free gift: for public bills, the king saith, ' l.e Roy Igveull;' for Petitions of Right, 'Soit droit fait commc il est desire.' Tor the bill of Subsidies, it is thus,' the king Leartily thanketh the subjects fur their good wills;' in all the bills of Tonnage and Poundage is the very same answer, save one, which was 1 Eliz. and but for that only mistake of the clerk, it hath ever the same assent as the pill of Subsidy.'

Hemunati unee of the Commons to the Kinp on 'hut Subject^] Upon this debate it was ordered, "That u committee be appointed to draw up a Itemonstrancc to his majesty of the People s Rights, and of the undue taking of Tunnage and Poundage, and Impositions, without act of parliament; and to shew the reasons why the hou-c cannot, in so short a time, prepare that bill."—The Remonstrance w as as {bllowct.h;—

"Most gracious sovereign; Your majesty's most loyal and dutiful subjects, the commons in this present parliament assembled, being in nothing more careful, than of the honour and prosperity of your majesty aud the kingdom; which they know do much depend upon that happy union and relation betwixt your majesty and your people; do with much sorrow apprehend, that (by reason of the uncertainty of their continuance together, the unexpected interruptions which have been east upon them, and the shortness of time in which your majesty hath determined to end this session) they cannot bring to maturity and perfection, divers businesses of weight, which they have taken iuto their consideration and resolution, as most important for the common good: amougst Other things^ they have taken into especial care the preparing of a bill, for the granting of your majesty such a Subsidy of Tunnage and Poundage, as might uphold your profit and revenue in as ample a manner, as their just care and respect of trade (wherein not only the prosperity, but even the life of the kingdom do consist) would permit: but being a work which will require much time and preparation, by conference with your majesty's officers, and with the merchants, not only of London, but

of other remote parts, they find it not possible to be accomplished at this time: wherefore, considering it will be much more prejudicial • the right of the subject, if your maj. sbquU continue to receive the same, without authority of law, after th« determination of a session, than if there had been a recess by adjournment only; in which case, that intended grain would have related to the first day of the parliament: aud assuring themselves, that your maj. is resolved to observe your royal Answer, which you have lately made to the Petition of Right of both houses of parliament; yet doubting lest your majesty may be misinformed concerning this particular case, as if you mi^hf continue to take those subsidies of tonnage aud poundage, and other impositions upoa merchant.-, without breaking that Answer; they arc forced, by that duty which they one to your maj. and to those whom they represent, to declare, ' That there ought not at; imposition to be laid upon the goods of merchants, exported or imported, without common consent by ijet of parliament; which is the right and inheritance of your subjects, founded nut only upon the most anticnt and original constitutions of this kingdom, but often confirmed and declared in divers statute laws.'— And tor the better manifestation thereof ma; it please your majesty to understand, Tbatal

kings ot


though your royal predecessors, this realm, have often had such sub impositions granted unto them, upon divers occasions, especially for the guarding of tie seas, and safeguard of merchants: yet tbe subjects have been ever careful to use such cautious and limitations in those grants, as might prevent any claim to be made, as if such subsidies did proceed from duty, and not from the free gift of the subjects. Aud that they bare heretofore used to limit a time in such grants, aud for the most part but short, as for a year or two; and if it were continued lougcr, they have sometimes, directed a certain space ft cessation or intermission, that so the right t lie subject might be more evident. At other times it hath been granted upon occasion of war, for a certain number of years, with proviso, That if the war was ended in the mean time, then the grant should cease: aud of course it hath been 6equcstred into the bauds of some subjects, to be employe0 for the guarding of the sen coasts.—It is at' kuowledged by the ordinary answers ol your majesty's predecessors, in their assent to the lulls o£ Tonnage and Poundage, that it '* of the nature of other subsidies, proceeding from the good-will of the subject: very few ot your predecessors had it for life, until tie reign of lien. 7. who was so far from concea; ing he had any right thereunto, that, although he granted commissions for collecting cert*"1 duties and customs due by law, yet he rawe no commissions for receiving the subsi0/ $ Tonnage and Poundage, until the same "^s granted unto him in parliament. Since his time, all the kings and queens of (ha>

Save had the like grants for life, by the free love and good-will of the subject. And whensoever the people have been grieved, by layon any impositions or other charges upon heir goods and merchandizes, without authority of jaw (which hath been very seldom); yet, ipon complaint in parliament, they have been brthwith relieved; saving in the time of your oval father, who having, through ill counsel, aiscd the rates and charges upon merchaniizes to that height at which they now are; yet ic was pleased so far for t j yield to the complaint >f his people, as to offer, That if the value of hose impositions, w hich he had set, might be nadc good unto hiin, he would bind himself ind tits heirs, by act of parliament, never to ay anv other: which offer the commons at hat time, in regard of the great burden, did lot think fit to yield unto. Nevertb< less, your inyal commons in this parliament, out of their special zeal to your service, and especial rc:ard of your pressing occasions, have taken into their consideration, so to frame a grant of Subsidy of Tonnage and Poundage to your maj. lhat your maj. might be the better enabled lor the defence of your realm; and your sublets, by being secure from all undue charges, be the more encouraged cheorfully to proceed n their course of trade; by the increase whereof, your majesty's -pro-'it, and likewise the strength of the kingdom, would be vcrjb much augmented.—But not being now able to accomplish this their desire, there is no course left unlo their., without manifest breach' of their duty, both to your maj. nnd their rountry,savc only to m.ake this bumble Dec laration, That the receiving of Tonnage and Poundage, and other Impositions, not granted hy parliament, is a breach of the fundamental liberties of this kingdom, and contrary to your i.'iajcsty's royal Answer to our late Petition of Hi»ht: and therefore they do most humbly beseech your maj. to forbear any further rceeiving of the same; and not to take it in ill part from those of your majesty's loving subjects, who shall refuse to make payment of any such charges, without warrant of law demanded. And as by this forbearance, your most excellent maj. shall manifest unto the world Jour royal justice, in the observation of your ■■i; so they doubt not but hereafter at the tunc appointed for their coining together again, they skill have occssiou to express their great desireTrmdvance your majesty's honour and protit,"

lAe King prorogues the Parliament in disThe king being informed of these proceeding, thought proper to put a stop to them. Accordiagly on the 26th of June, the day appointed for the prorogation, the Speaker w as *J"t for to court in the morning j so that, as Ituibworth says, he came not into the house till about nine o'clock. And, after prayers, *kilit their new Remonstrance, concerning iunnage and Poundage, being engrossed, was leading, the king sent for the Speaker and tlie • hole house to attwi him iu the house of


peers. His majesty had come unexpectedly into that house, (for the afternoon had been appointed) and neither the king nor the lords 'were in their robes: however, the commons, with their Speaker, being come up, his majesty, from the throne, made the following Speech to both houses.

"My lords and gentlemen; It may seem strange that I come so suddenly to end this session; therefore, before I giie my assent to the hills, 1 will tell you the cause; though, I must avow, that I owe an account of my actions to God alone. It is known to every one, that, a while ago, the house of commons gave me a Remonstrance; how acceptable every man inav judge; and for the merit of it, I will not cali that in question, for 1 am sure no wise man can justify it.—Now, since I am well informed, that a second Remonstrance is preparing for nie, to take away my profit of Tunnage and Poundage, (one of the chief maintenances of the crown) by nlledging, That I have given away niy right thereof by my Answer v> your Petition: this is so prejudicial unto me, thnt i am forced to end this session some few hours before I meant it; being not willing to receive any more Remonstrances, to winch I must give a harsh Answer. Xnd, since I see, that the house of commons begin already to make false constructions of what I granted in your Petition ; lest it be worse interpreted in the country, 1 will now make a Declaration concerning the true intent thereof.— The profession of both houses, in the time of hammering this Petition, was no ways to trench upon niy prerogative; saying, ' They had neither intention or power to hurt it: therefore it must needs be conceived, that I have granted no new, but only confirmed the auticnt liberties of my subjects. Yet, to shew the clearness of inv intentions, that I neither repent, nor mean to recede from any thing I have promised you, 1 do here declare myself, That those things which have been done, whereby manv have had sonic cause to suspect the liberties of the subjects to he trenched upon, (which indeed was the first and true ground of the Petition) shall not hereafter be drawn into example to your prejudice; and, in time to come, on the word of a king, ye shall not have the like cause to complain. Out as for Tunnnge and Poundage, it is a thing I cannot want; nnd was never intended by you to ask; never meant I am sure by me to grant,—To conclude; I command you all that are here to. take notice of what I have spoken at this time, to be the true intent and meaning of what I granted you in your Petition; but especially you, my lords, the Judges, for to you only, under me, belongs the interpretation of the laws; for none of the houses of parliament, joint or separate, (what new doctrine soever may ha raised) have any power either to make, or declare, a law without my consent."

After this speech was ended, which, by his majesty's special command, was ordered to be entered iu the Journals of the commons, tire bill of Subsidy was presented by the Speaker, standing at the bar, who made a short speech, and shewed, 'That it was the greatest gift that ever was given in so short a time.' And so craving pardon for the errors of tlic house, and his own, lie prayed the king to give liis royal assent. Then were read the titles of other bills, which were all assented to; after which the lord-keeper, by the king's command, prorogued this parliament to the 20th of October * next.

The most remarkable occurrences, which happened in the interval between these two sessions of this parliament, were, that the king first set about answering the desires of his subjects, in suppressing by proclamation all Dr. Manwaring's Sermons. By another proclamation, directions were given . to commissioners to compound with Popish Recusants for two pnrts in three of their estates upon very easy terms. Another commanded that nil priest*, jesuits, and others, who had taken orders, by authority of the sec of Rome, should be diligently sought for, apprehended, and committed to the gaol of that county where they should be found, ike.—About this time sir H. Weston, chancellor of the exchequer, was made a peer of the realm, and lord high treasurer of England: Dr. Laud was translated from St. David's to the bishoprick of London: and sir Tho. Wcntworth created baron AVentworth; all three persons greatly concerned in the sequel of these enquiries. Dr. Montagu and Dr. Manwaring, both of whom had been censured bv parliament, were pardoned by the king; the lormer was also preferred to the bishoprick of Chichester,and the latter presented to the rectory of Stanford Kivcrs in Essex, and had a dispensation to hold it with his rectory of St. Giles's in the Fields.—It was about this time, also, that another expedition was designed to relieve Rochclle, then straitly besieged by the French ; and a fleet being prepared for that purpose to go under the conduct of the duke of Buckingham, that nobleman was stabbed suddenly to the heart by Felton. The circumstances of this murder are too well known to need any repetition here : the actor of it is averred to have said, * That it was the parliament's late Remonstrance against the duke that made birn resolve'to take him off, as a public enemy of his country.

The. Parliament meet again.] Oct. 1. A Proclamation came out to prorogue the parliament, from the 20th of that month, to the 20th of January following, upon which day both houses met. The first thing the commons did, was to order a revival of all commilt e*, on pul - I lie affairs. A call of the bouse was, likewise, ordered, on the ?7th.

Tic Commons' Inquiry relating to the Petition of Right.] January 21. The commons proceeded to take into consideration what things the Liberty of the Subject had been invaded in, against their Petition of Right, since

*Stc Sanderson's Life of Charles I.

the end of the last session of parliament. It was further ordered, that Mr. Seldea, and others, should see, if the Petition of Kijditand his majesty's Answer thereunto, were inroiled in ilf parliament rolls and courts at Westminster, as his majesty sent them word, the last session, they should lie (see p. 410); and also in what manner they were entered: »hic!> was done accordingly. And, soon after, Mr. Seidell reported to the house, That bis majesty's speech, made the In't day of the 1»; session in the upper hou-c, was entered, aloa» with the •Petition and Answer, by his majcstj'l command.

Mr. Pi/m moved, 'That the debate liernf should be deferred till Tuesday next, by reason of the fewness of the house, many beingoot then conic up.

Sir John Elliot. Since this matter is no* raised, it concerns the honour of the hoiisr, [ and the liberties of the kingdom: It deserves to be deferred till a fuller house; l«il it is good to prepare things, for I find this n be a point of great consequence. I desire therefore that a select committee may both enter into consideration of this, and (dsn lw* other liberties of this kingdom arc imaded. 1 find, in the country, the Petition f Right printed indeed, but with an Answer that never g ire any satisfaction. I desire a committee mar •consider thereof, and present it to the house; and that the printer may be sent for to be examined about it, and to declare by what warrant it was printed:' which was so ordered.

Mr. Selden. 'For this Petition of Right, it is known how lately it bath been violated since our last meeting. Our liberties for life, person, and freehold, how have they been invaded? Have not some been committed contrary to that Petition? Now we know this invasion, w e must take notice of it. For libertics in estate, we know of an order made in the exchequer, That a sheriff was commanded not to execute a replevin: and inen'o goods are taken away, and must not he restored. And also, no man ought to lose life or limh, but by the law: and bath not one lately lost his tars? Meaning he that was censured in the StarIhambcr by an arbitrary judgment and sentence.] Next thev will take away our arms, and then our legs, and so our lives. Let nil sec we arc sensible of this; customs creep on us: let us make a just representation thaeof *> majesty.'

The king's printer being sent for, to kno* by what authority he suppressed the first irnpression of the Petition of Kigfir, and printed another with an Addition, he answered, He was sure he had a warrant for it; but remembered not, whether it came immediately from the king, or from the lords. Upon which Mr. Selden, and 1 other members, were ordered to go home with the printer, and inform themselves of the warrant; to take a copy of it, and report the same to the house the next morning.—Accordingly, next day, Mr. Selden reported, 'Thatthey had examined Mr. Norton and Mr. Bill, the king's printers, and found that the clerk of tlie house of lords liad sent to tiiem the original Petition of Right, w ith the king's second Answer to it (p. 10*>). That, during the sittiug of parliament, they had printed about ljUO, of »Inch few were divulged. That the day after the session was ended, Mr. Attorney sent fur Mr. bill to his chambers, and told Liu-., as by his majesty's own command, Tbat these should not be publi-hcd; and that the lord privy-seal (the earl of Worcester) told lii'.n as much. That soon alter he was sent lor to court, where Mr. Attorney told him, He must print the Petition of Right with the first Answer (p. J>TI j to it and his majesty's last Sj4*eb. These wore given in several papers.

session. In the latter affair, the most remarkable was this:

The Lords resent the conferring of Scots and Irish Honours upon English Oenttemch.] Feb. 9. A motion was made in the house of lords, that' Whereas divers Englishmen having obtained degrees of honour, as of earls, viscnunts, and barons, within the kingdoms of Scotland and Ireland, and thereby do pretend to have place and precedency, in all commissions and meetings, above the peers of this realm; the bouse w as to consider bow this wrong might be redres-cd, either by an act of parliament to be passed by both houses, or by an humble Petition from them to the king; or

by a joint protestation of the house against it.' strangely fastened together, and upon the last | A committee being appointed to take this >warrant. ( affair immediately into consideration, they

Then a question arising, Whether these papers should be sent for? it was carried jn the affirmative; and tbat the printers should bring tliera along with the warrant the next morning, lint this affair was put oU" the next day, to toother tune, and from thence we hear no more of it,

Cvmplaint of Mr. Holies."] Another but severer scrutiny was made by the commons, on the Complaint of Mr. Holies, a merchant and a member of tbat bouse, Tbat his goods *erc seized by the officers of the customs, for rei ning to pay the rates by them demanded; although he told them, what was adjudged to tie due by law be would pay them.—The editors of the ■ Parliamentary or Constitutional History of England'inform us, " that the further proceedings on ibis affair, and other matter, which happened in this short session of parliament, were published in the year 1707, train an account taken and collected by sir 1 iio. Crew, knt. father to John lord Crew, lliis gendemaii bail been Speaker of the last parliament of king James, and the lint of kin; Charles, w as a Serjeant at law, and a perVju very eminent in bis profession. His account, being much fuller than is represented in Rusliwortb, or any othcrWiter, we shall chiefly follow; comparing it with the Journals of the Commons, the Historical Collections, and, what arc still more curious, two Manuscripts of an equal date with these limes.—In the preface to sirTlio. Crew's Collection, it is said to be Oucredto the perusal of the public 'without any diminution, addition, remarks or application, (marginal references excepted) by bis grandson John I'arUnirst, esq.' bul upon comparing it ■at the above mentioned Manuscripts, it appears that several speeches and material passages arc omitted; such are properly distinguished in their order. From all these authorities we filial be able to give an exact and authentic account of this session, more remarkable than auy which bath yet happened in the whole course of tbeseenquiries."—But before we go on 10 Uib, it wi]| be necessary to look a little into the proceedings of the lords during this pciiod. Appeals from chancery, and some breaches of lime most pari of this

"Pettis trom chancery, Privilege employed their

agreed on the following Proposition:-—' We conceive that no foreign nobility have any right of precedency, w ithin the realm of England, before any peer of ibis kingdom : yet, notwithstanding, by courtesy, precedency bath been allowed to noblemen of foreign kingdoms, according to their ranks, w hich it is no way our intention to alter. But in regard that, «f late, many Englishmen, both by birth, estate, and abode, and the more considerable because of their great number, have had several honours in the kingdoms of Scotland and Ireland, conceived to be very disscrviccablc to his majesty, and prejudicial to the peers: that which the committee do, in humility, offer unto tha house, is to consider what course is the fittest to be taken for applying to his maj. for remedying uud redressing of this iucouveniency." Agreed unto by the w hole house. Accordingly ihe following Petition was presented to lbs king for tbat purpose:

"A Petition by the Lords concerning the Precedency of the late created Barons, Visr.itmts, and Earls of Scotland and Ireland.

"To the king's most excellent majesty; In all humility, shew unto your most excellent nnij. your ever loyal subjects, the lords spiritual ami temporal now in parliament assembled, That whereas the peers and nobility of this your realm of England, have heretofore used, in courtesy, to afford precedency, according lo the several ranks and degrees, to such of tho nobility of Scotland and Ireland, as being in titles of honour above them, have, upon occasion, resorted hither, or remained here'in your majesty's service; which we arc most willing should be slill observed, as a civility tending t*j the great honour of our nation :—Now, divers of the natural-born subjects of this kingdom, who, both themselves and their families, do reside and have their chief estates and possessions amongst us, having of late been created, some barons, some viscounts, and some earls, within these your kingdoms of Scotland and Ireland, do, by reason thereof, claim, as of right, to take place, and to have precedency of tha peers and nobility of England, and their children, within this realm; which we concent doth not belong untb tliem by any smut from' your nmj.; and tends both to the disservice and 1 prejudice of your mnj. and your realms, and to the great disparagement of your Rngtish no-! bility, as by the reasons hereto annexed may appear.—Wc therefore beseech your maj. ot \ whose tender care to preserve the anticnt lio- | nour and dignity ot your nobilitv we are' throughly persuaded; that, your majesty's wisdom and goodness being so extraordinary, you will be pleased, according to the example of the best of princes nnd times, upon the consideration of the manifold inconveniences, which practice and observation of circumstances have brought to light, being represented umo your inaj. by the nearest body of honour unto you, and nearest concerned in this, and offered with as much faith and humility as they can devise; for the avoiding of all debate and Contention, which, upon this occasion, may arise either for the presenter future, that some course and order may be timely settled therein by your princely wisdom, us that thereby the inconvenience of your majesty's service may be prevented: and that the prejudice and disparagement of the peers and nobility of this kingdom may be redressed."

"The Reasons alledgcd by the I.orris. 1. "We hold it to be new, and not warranted by any ancii nt precedents, that subjects of this kingdom, whose habitations, estates, and possessions are principally within this your majesty's realm, should have titles of honour in other kingdoms, where they have small or no estates, and do not abide. '>. That it may be cause of great discontentment to your majesty's subjects in Ireland, that so great a number of those, who have no estates to oblige them to the defence of that kingdom, should give voices in parliament, there to make laws. As also it may be great danger to that country, if times of hazard should come. Which weighty considerations have wrought so far with your majesty's royal predecessors and the whole estate, that an net of parliament was passed, which took away great estates of laud in Ireland from some of the noblest families In this kingdom, only in contemplation that their want of resi Icnce there upon their lands might endanger that kingdom. 3. That it is a great disservice to your mnj. and this country, that those w ho live amongst us, should, by foreign titles, exempt themselves from those services of trust and charge, which others of as good hirth and estate In re undergo daily; whereby it happeneth often, that either persons of good quality are more frequently burdened, or the charge falls upon them of meaner condition and less ability; not without prejudice to the Service, and discontentment to the persons that Ondi rjo it, as also of loss to your maj. and grief to your Subjects in those places where the honours are given. That although they draw to your inaj. creation-money, yet they do not help nor asskt there to any necessary Charge Ar contribution. 4. That it'is conceived to

be contrary to the fundamental Inws of these

kingdoms, that any should be invested with an hereditary honour, where he hath not tin estate both to oVilige him nnd his to the cure and d>»fence of that kingdom; and make himself by that responsible to the justice of that place where his person is privileged; and of great grief to your faithful nobility of this realm, (who have yielded, out of civility and courtesy, to strangers) that they should be disturbed in those ranks and degrees, which the grace ot princes, grounded upon merits, long time have settled them in, by others of their own nation of meaner quality; in whom no other can«« appears but ambition to precede others, witliout ground of merits or estate to warrant it in these places, where they have sought title; it being a great diminution to your nobility and their children, and the antient gentry of tin* kingdom. 5. That honour, both in the nature of itself, and practice of former times, being a!chieved, principally, by virtue and desert; and it being one of the chiefbst marks by w hich tin best of princes made impression thereof tn descend, hereditarily, in the most deserving families, which was, by generous spirits, esteemed above all other rewards: we leave it uuto your majesty's prudent consideration of how great incoiivenieucy it is to alter or lessen tht value id" that reward ; which was of so much honour, and no charge unto your mnj. and ot so great contentment and ease unto your people: which may be demonstrated in many particulars too long now to rehearse.—Further, we hold it ii1 no small degree derogatory to the very foundation of nobility itself, which is the stop and circle that coinpasseth the royJ throne, that those who bear a title, and claim its precedency before many of us, should fall so low in the people's eyes and esteem, as to I* daily subject to arrests of their persons, and all other circumstances of disrespect, which the meanest subjects undergo, being in the eye of the law but commoners.—To conclude; this our cause of grief, being, in our opinion, as to the practice of it, new and unusual; >" the cotisequeuce not without danger and oncontentment to your realm, and subjects »l all degrcs; in the nature of it contrary to tk foundation of the grounds of honour laid in am kingdom; axid the whole course of it breeding ill effects to the service of your majesty and the public; disvaluc and contempt M nobihtr itself, which is the decree interposed immediately betwixt your maj. and your people- n< can no where so justly appeal as to your nisi, the fountain of honour, for a timely rcmed? against this great and growing iticonvenicnry for the present and future. And as jour majesty's honour is equally concerned in this with tlie interest of your kingdoms and flit*jects; so we doubt not, but it shall appwto the world, that your maj.'s gracious Care is W reduce aud maintain your nobility in anticnt lustre; which shall equally tend to your majesty's service and happiaC5S, Wld W *uf own. contentment."

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