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"THE INTENDED REMONSTRANCE OF THE COMMONS.

and voted a Remonstrance or Declaration, him king of this great people, and large dominiwhich they intended to prefer to his maj. con- ons, famous in former ages both by land aud taining (though palliated with glossing terms) sea, and trusted him to be a father and protecas well many dishonourable aspersions upon tor both of their persons and fortunes, and a his majesty and upon the sacred me- defender of the faith and true religion, so he mory of his deceased father, as also dila will go on cheerfully and constantly in the detory excuses for their not proceeding with fence thereof; and, notwithstanding so many the Subsidies, adding thereto also coloured difficulties and discouragements, will take his conditions, crossing thereby his maj.'s direction; sword and sceptre into his hand, and not exwhich his maj. understanding, and esteeming pose the persons of the people committed to it, as he had cause, to be a denial of the pro- his charge to the unsatiable desires of the king mised Supply: and finding that no admonitions of Spain, who hath long thirsted after the Uncould move, no reasons or persuasions could versal Monarchy, nor their consciences to the prevail (when the time was so far spent that yoke of the Pope of Rome: and that at home they had put an impossibility upon themselves, he will take that care to redress the just grievto perform their promises, and when theyances of his good subjects, as shall be every esteemed all gracious messages unto them to way fit for a good king.-And in the mean be but interruptions) his maj, upon mature time his maj, doth publish this to all his lov advisement, discerning that all further patience ing subjects, that they may know what to would prove fruitless, did, on the 15th of this think with truth, and speak with duty, of his present June, dissolve this unhappy parliament; majesty's actions and proceedings in these two the acting whereof, as it was to his maj. an last dissolved parliaments.” unexpressible grief, so the memory thereof doth renew the hearty sorrow, which all his good and well affected subjects will compassionate with him. These passages his maj, hath at the "Most Gracious Sovereign, We your loyal more length, and with the true circumstances and faithful subjects, the commons assemthereof, expressed and published to the world, bled by your majesty's most royal authority in lest that, which hath been unfortunate in itself, this present parl. having, with all dutiful arthrough the malice of the authors of so great fection, from the time of our first meeting, eara mischief, and the malevolent report of such nestly endeavoured to proceed speedily in those as are ill affected to the state, or the true rcli- affairs, that might best and soonest conduce to gion here professed, or the fears or jealousies our dispatch of the intended Supply of your of friends and dutiful subjects, might be made majesty's great designs, to the enlargement of more unfortunate in the consequences of it; your support, and to the enabling of ourselves, which may be of worse effect than at first and them whom we represent, to the full and can be well apprehended: and his majesty timely performance of the same; have notbeing best privy to the integrity of his own withstanding, by reason of divers misinforma heart, for the constant maintaining of the tions, interruptions, and other preventions, sincerity and unity of the true religion professed | been hitherto so retarded in the prosecuin the church of England, and to free it from tion of these affairs, that we now thought the open contagion of Popery, and secret infec-it a necessary part of our most humble duties tion of Schism; of both which, by his public acts and actions, he hath given good testimony, and with a single heart, as in the presence of God, who can best judge thereof, purposeth resolutely and constantly to proceed in the due execution of either; and observing the subtilty of the adverse party, he cannot but believe the hand of Joab hath been in this disaster; that the common incendiaries of Christendom have subtilly and secretly insinuated those things, which unhappily (and, as his maj. hopeth, beyond the intentions of the actors) have caused these diversions and distractions; and yet notwithstanding, his most excellent maj. for the comfort of his good and well-affected subjects, in whose loves he doth repose himself with confidence, and esteemeth it as his greatest riches; for the assuring of his friends and allies, with whom, by God's assistance, he will not break, in the substance of what he hath undertaken: for the discouraging of his adversaries, and the adversaries of his cause, and of his dominions and religion; hath put on this resolution, which he doth hereby publish to all the world: that as God hath made

thus to declare both those interruptions and preventions, with the true, original, and continual cause of them; as also, our most earnest devotion to the parliamentary service of your most excellent my, and to the careful safety and defence of your dominions, crown and dignity: and we most humbly, therefore, beseech your most excellent maj. to be graciously pleased here to cast your eye on some particulars, that have relation, as well to your first parliament, as to this; out of which we cannot doubt, but that your great goodness may receive an ample satisfaction touching our most loyal and faithful intentions.-In the first parl. of the first year of your majesty's most happy reign over us, the commons then assembled, after they had cheerfully presented to your maj. as the first fruits of their affections, 2 entire Subsidies, were exceedingly pressed by the means of the duke of Buckingham, and for his own. ends, as we conceive, to enlarge that Supply; which when he conceived would not be there efected, he procured, for the same ends, from your maj, an adjournment of the parl. to the city of Oxford, where the commons,

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then taking into just consideration the great | comprehensive mischief that we suffered, was mischiefs which this kingdom variously hath | fundamentally settled in the vast power and suffered, and that chiefly by reason of the ex- enormous actions of the said duke; being such, orbitant power, and frequent misdoings of the that by reason of his plurality of offices, all gotsaid duke, were entering into a parliamentary ten by ambition, and some for money, ex course of examination of those mischiefs, pow- pressly against the laws of your realm; his er, and misdoings, but no sooner was there any breach of trust in not guarding the seas; his mention made of his name to this purpose, but high injustice in the admiralty; his extorthat he, fearing lest his actions might so have tion; his delivering over the ships of this been too much laid open to the view of your kingdom into the hands of a foreign prince; most excellent maj. and to the just censure his procuring the compulsory buying of hothat might then have followed; presently, nours for his own gain; his unexampled exthrough his misinformations to your mj. of the hausting of the treasures and revenues of the intentions of your said commons, (as we have kingdom; his transcendent presumption in that just cause to believe) procured a dissolution of unhappy applying of physic to your royal fathe said part. : and afterwards, also, in the |ther of blessed memory, a few days before his same year, through divers misreports made to death; and some other his offences carefully your maj. in his behalf, touching some mem- and maturely examined by us: we made a bers of the said commons, who had more par-parliamentary Charge of the same matters and ticularly drawn his name into just question, offences against him to the lords, then by your and justly professed themselves averse to his maj. assembled in parliament; there expecting ends there, procured, as we cannot but con- some remedy by a speedy proceeding against ceive, the said members to be made sheriffs of him: but, may it please your most excellent several counties for this year that followed, maj. not only during the time of our exto the end that they might have all been pre- amination of the matters and offences of the cluded from being chosen members of the pre-same Charge, we were diversly interrupted and sent parl. lest they should again have there questioned hin; and, by the like practice also, (as we are persuaded) he procured, soon after the said dissolution, another member of the speedily in the said house, because he had justly professed Limself against his ends, to be sent as secretary of your inajesty's last fleet, hereby indeed to

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diverted by Messages procured, through misin-
formation, from your maj. which, with most
humble duty and reverence, we did ever re-
ceive, whence it first fell out, that so not only
much time was spent amongst us, before the
same Charge was perfected; but also, within
two days next after the same Charge was trans-
nahcious misinformations, privately, and against
the privilege of parliaments, given to your
maj. of certain words supposed to have been
spoken by sir D. Diers and sir John Elliot,
kuts, (two of the members of our house, in their
service of the transmitting of the said Charge,
both of them having been especially employed
in the chairs of committees with us, about the
examination of the said matters and offences)
they were both, by your maj.'s command,
committed to close imprisonment in the Tower,
of London, their lodgings presently searched,
and their papers there found, presently taken
away; by reason whereof, not only our known
privileges of parliament were infringed, but we
ourselves, that upon tull hope of speedy course
of justice against the said duke, were preparing
with all dutiful affection to proceed to the dis
patch of the Supply, and other services to your
maj. were wholly, as the course and privilege
of parliament bind us, diverted for divers dayy
to the taking into sole consideration some
courses for the ratifying and preservation of the
privileges so infringed: and we think it our du-
ties, most rightly to inform hereby your
most excellent maj. of the course held in
the commitment of the two members: for
whereas, by your maj.'s warrant
to your
messengers for the arresting them, you
were pleased to command that they should
repair to their lodgings, and there take them;
your maj.'s principal secretary, the lord

pratice of the law, which was his profession, under colour of an honourable employment. -It pleased your maj. afterwards, in Feb. last, to call this present parl. ; wherein, though none of those, whom the said duke had so in the pre procured to be made high sheriffs, have sate as members; yet we (finding in ourselves the le affection, first, to the service of your maj. and next, to the good of the commonwealth) took into serions consideration several propositions; how, for the safety and happiness of your majesty's kingdoms and allies, we might enlarge your supports, and add to the military strength without charge to the poorer sort of Your subjects; and give a larger Supply to your maj. for your instant and pressing occasions, than hath ever yet, but once, been given in parliament: whereupon, for the enabling of ourselves, and those whom we represent, we conceive it, first, necessary to search into the Causes of those mischiefs, which this your kingdom suffereth, and divers of the Grievances that over-burden your subjects; without doing of which, we could neither be faithful to your maj, nor to the country that doth trust and em. ploy us; as your royal father also, of blessed memory, adinonished the house of commons in the 4th session of his first parl. In this consideration we found, that the most pressive and

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Sir Edward Coke, and others. See p. 45.
Mr. Glanvile, one of the managers of the

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wealth, strength, and honour of this your king-expected from them such a large and cheer dom, and the support of your friends and allies testimony of their loyalty, as might be a abroad and we doubt not but through God's ceptable to himself and exemplary to his pe blessing, as you are the best, so shall you ever ple.--From the city of London the king d be the best-beloved, and greatest monarch, that manded a Loan of 100,000l. which, all excus ever sat on the royal throne of this famous set aside, was ordered by the council to be co kingdom." plied with. And, all the sea-port towns ber ordered to fit out ships for the guarding of the own coasts, the city was appointed to set for 20 of the best ships that lay in the river; wi all manner of tackle, sea stores and amin nition, manned and victualled for 3 mont There were likewise privy-seals issued to dive persons; to others, the old way of Benevolen was proposed.

A Proclamation for burning the foregoing Remonstrance.] Soon after the king published a Proclamation, taking notice of the foregoing Remonstrance, intended to have been presented to him: "Wherein, he said, were many things contained to the dishonour of himself and his royal father of blessed memory; and whereby, through, the sides of a peer of this realm, they wound their sovereign's honour: as also, that some members of that house, illaffected to his service, to vent their own passions against that peer, and to prepossess the world with an ill opinion of him, before his cause was heard in a judicial way, had, before-hand, scattered copies of that intended Declaration, thereby to detract from their sovereign: wherefore his maj. for the suppressing of this insufferable wrong to himself, doth command, upon pain of his indignation and high displeasure, all persons of whatsoever quality, who have, or shall have hereafter, any copies or notes of the said Remonstrance, or shall come to the view thereof, forthwith to burn the same; that the memory thereof may be utterly abolished, and never give occasion to his maj. to renew the remembrance of that, which, out of his grace and goodness, he would gladly forget."

Persons committed to Prison for refusi the Loan]. This Loan however did by means pass current through the kingdom; the contrary, it bred a great deal of disturban and laid the foundation for more Grievances be complained of next parliament. Sever persons, and some of good rank and qualit refused to subscribe to it; these in their sever counties, were bound over, by recognizance, make their appearance at the council-tabi from whence, divers of them were committ to different prisons, not in their own, but distant counties: the names of many of the gentlemen are preserved in Rushworth, a are too remarkable to be slightly passed ove Sir Tho. Wentworth, (afterwards earl of Stra ford,) and Geo. Ratcliffe, esq. (afterwards George) Yorkshire gentlemen, were sent f by messengers, and removed out of York in Projects for raising Money, by Loans, Kent. Sir Walter Earl and sir John Strang Benevolences, &c.] Deprived of any parlia-wayes, Dorsetshire men, were confined in Be mentary Aids, through the late dissolution, the fordshire. Sir Tho. Grantham, and others court fell upon such projects, as had been Lincolnshire, in Dorsetshire. Sir John Heve practised in like cases, for raising money with-ingham, and others of Suffolk, into Somerse out them. By an order of council, it was declared, That all customs, duties and imposts on all goods and merchandizes exported and imported, which, for many ages had been continued, and esteemed a principal and necessary part of the revenue of the crown, should be levied and paid. Nevertheless, it was intended to have this settled by parliament, as it had been, from time to time, for many royal successions; but the dissolution of the last prevented it, before the matters therein treated of could be brought to perfection. Therefore, an instrument was to pass, under the great seal, to authorize these levies, until, as in former times, it might receive an absolute settlement by parliament. The forfeitures, also, arising to the crown by the execution of the laws against Jesuits, Priests, and Popish Recusants, were dedicated to the pressing necessities of the state. A proclamation was published, declaring the king's resolution to make his revenue certain; by granting his lands, as well copyhold as otherwise, to be holden in feefarm. The king sent to the nobility to acquaint them, That according to the customs of former times, upon pressing occasions, the crown had ever had recourse to raise contributions on the subject; and therefore he now

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shire. Rd. Knightly, esq. and others of No thamptonshire, into Southampton and Wiltshi: Sir Nath. Barnardiston, of Suffolk, and Willia Coriton, esq. of Cornwall, in Sussex. Harbottle Grimstone of Essex, and sir Ro Pointz, were secured in Northamptonshir John Hampden, esq. and others of Buck were secured in Hampshire: and the li course was taken with the gentry of oth counties, who refused the Loan. The coun also ordered, that all those refractory perso before named who are appointed, by his maj command to their several commitments, sh presently obey the order of the board se with their messenger in that behalf, or be con mitted close prisoners; any pretence of inabi ty, want of conveniency, or other excuse wha soever notwithstanding.

Sir John Elliot's Petition, from the Gat house, on his Imprisonment.] Many of tho gentlemen were afterwards sent for by pursu vants, out of those counties where they had bee confined by order of the council, and commi ted to several prisons; some to the Fleet, som to the Marshalsea and Gatehouse, and othe remained in custody of the messengers: fro the latter sir John Elliot, who had render himself so remarkable, as a Manager again

the duke of Buckingham (see p. 122.) sent the following Petition to the king.

"To the King's most Excellent Majesty. The Humble Petition of Sir John Elliot, Knt. Prisoner in the Gatehouse, concerning the Loan, Sheweth,

That your poor suppliant, affected with sorrow and unhappiness, through the long sense of your majesty's displeasure; willing, in every act of duty and obedience, to satisfy your maj. of the loyalty of his heart, than which he hath nothing more desired; and that there may not remain a jealousie in your royal breast, that any stubbornness of will hath been the motive of his forbearing to condescend to the said Loan: low at your highness's foot, with a sad yet a faithful heart, for an apology to your clemency and grace, he now presumes to offer up the reasons that induced him; which he conceiveth necessity of his duty to religion, to justice, and to your maj. did inforce.-The rule of justice he takes to be the law; the impartial arbiter of government and obedience, the support and strength of majesty, the observer of that justice by which subjection is commanded: this and relition, added to this power not to be resisted, bind up the conscience in an obligation to that rule, which, without open prejudice and violence of these duties, may not be impeached. In this particular, therefore, of the Loan, being desirous to be satisfied how far the obligation might extend; and resolving where he was left master of his own, to become servant to your will, he had recourse unto the laws, to be informed by them; which, in all humility, he submitteth to your most sacred view in the collections following. In the time of Edw. I. he indeth that the commons of that age were so tender of their liberties, as they feared even their own free acts and gifts might turn them to a bondage of their heirs. Wherefore it was desired and granted, "That for no business, such manner of aids, taxes, nor prizes, should be taken, but by common assent of the realm, and for the common profit thereof."* The like was in force by the same king, and by two other laws, again enacted: that no tallage or aid should be taken or levied, without the good-will and assent of the archbishops, bishops, earts, barons, knights, burgesses, and other freemen of the land.' And that prudent and magnanimous prince, Edw. 3, led by the same wisdom, having granted: " that the greatest gift given in parliament, for the aid and speed of his matchless undertaking against France, should not he had in example, nor fall to the prejudice of the subject in time to come; did likewise add, in confirmation of that right, That they should not from thenceforth be grieved to sustain any charge or aid, but by the common assent, and that in parliament. And more particularly upon this point, upon a Petition of the Commons afterwards in parliament, it was esta.

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blished: That the Loans, which were granted to the king by divers persons be released; and that none, henceforth, be compelled to make such Loans against their wills, because it is against reason, and the franchises of the land; and that restitution be made to such as had paid such Loans.' And by another act in the time of R. 3. it was ordained:" That the subject in no wise be charged with any such charge, exaction, or imposition cailed a Benevolence, nor such like charge; and that such like exactions be damned and aunulled for ever.— Such were the opinions of those times, for all these Aids, Benevolences, Loans, and such like charges, exacted from the subject not in parliament; which they held to be grievances contrary to their liberties, and illegal: and so pious were their princes in confirmation of their liberties, that having secured them for the present, by such frequent laws and statutes, they did likewise by them provide for their posterity, and in some so strictly, that they bound the observation with a curse, as in that of 25. Edw. I. and also under pain of excommunication; which was to be denounced against all those that violate or break them all which acts extend to us. And these reasons he presents to your maj. as the first motive taken from the law. There are others also, which, in his humble apprehension, he conceived from the action itself, which he likewise tenders to your most excellent wisdom: 1st. That the carriage and instructions, accompanied with the authority of the great seal, imported a constraint; sucli requests to subjects being tacit and implied commands, and so preventing that readiness and love, which, in a free way, would have far exceeded those demands; whereas the wonted Aids given to your happy ancestors were spontanca voluntate & charitate populi,' whereby they made that conjunction of their hearts at home, which wrought such power and reputation to their acts abroad. And whereas the firincst obligation of that readiness and love, is the benignity of princes, giving and preserving to their people their just rights and liberties; which, to this kingdom, are derived from the clemency and wisdom of your progenitors, to whom there is owing a sacred memory for them: he could not, as he feared, without pressure to these immunities, become an actor in this Loan; which, by imprisonment and restraint, was urged, contrary to Grants of the Great Charter, by so many glorious and victrious kings so many times confirmed; being therein most confident of your inaj, that never king that reigned over us, had, of his own benignity and goodness, a more pious disposition to preserve the just liberties of his subjects, than your sacred self-Though he was well assured by your maj.'s royal promise, whose words he holds as oracles of truth, that it should not become a precedent, during the happiness of your reign; (the long continuance whereof is the daily subject of his prayers) yet he conceived from thence a fear, that SUC ceeding ages might thereby take occasion for Р

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posterity to strike at the very property of their goods, contrary to the piety and intention of your maj, so graciously expressed. And these being the true grounds and motives of his forbearance to the said Loan, (shewing such inconveniences in reason, and representing it an act contradicting so many of your laws, and most of them by the most prudent and happiest of our princes granted; which could not, without presumption beyond pardon in your supplicant, in taking to himself the dispensation of those laws, so piously enacted by them, be violated or impeached, in the least degree;) in the fulness of all submission and obedience, as the apology of his loyalty and duty, he lowly offers to your most sacred wisdom, for the satisfaction of your maj.: most humbly praying your maj. will be graciously pleased to take them into your princely consideration; where when it shall appear, (as he doubts not, but from hence it will to your deep judgment,) that no factious humour, nor any disaffection, led on by stubbornness of will, hath herein stir red or moved him; but the just obligation of his conscience, which binds him to the service of your maj. in the observance of your laws; he is hopeful, presuming upon the piety and justice of your maj. that your maj. according to your innate clemency and goodness, will be pleased to restore him to your favour, and his liberty; and to afford him the benefit of those laws, which, in all humility, he craves."

But notwithstanding this extraordinary Petition, sir John Elliot continued a prisoner in the Gate-house, till the general order of discharge came. Sir Peter Hayman also, refusing to part with Loan-Money, was called before the lords of the council, who charged him with refractoriness, and with an unwilling ness to serve the king; and told him if he did not pay, he should be put upon service. Accordingly they commanded him to go into his majesty's service into the Palatinate: and having first settled his estate, he undertook and performed the journey, and afterwards returned into England.-Notwithstanding the vigorous opposition to this method of raising money by Loans, a considerable sum was raised, and some things were done with it, which tended to public service: though what sums these exactions raised in the kingdom is not particularly mentioned. The next year, a large fleet was fitted out, and had a numerous land army on board, designed for a descent on the Isle of Rhee in France, under the conduct of the duke of Buckingham. The bad success of that enterprize is too well known to need a repetition; and this joined to a general defeat of the king of Denmark's army, by count Tilly, near Luttern in Germany, gave a mortal stroke to the Protestant cause in those parts, and rendered the fate of the Palatinate still more desperate. So that, both at home and abroad, Charles's affairs were then in a melancholy situation. For, when the unfortunate action at Rhee was known over the kingdom, the cry of the people was so great, and the king's necessities so

pressing, that it was in every man's month, ‘A parliament must needs be summoned.' The nation had now provoked two potent neighbouring kings to be their enemies, the coasts and ports were unguarded, the able com manders worn out, or not employed, and the marine affairs were every where in as bad a condition as possible.

Sir R. Cotton's Advice to the Council to call a Parliament.] Under these unhappy circum stances, the king held a grand council at Whitehall, how to extricate himself and the nation out of such difficulties. To this council the famous historian and antiquary, sir Robert Cotton, was called; whose Advice to the lords there present, contains a succinet, though ge neral history of these times, along with the best advice how to settle matters for the fu ture, which we shall give in his own words for, though not strictly parliamentary in itself, yet it induced the king and council to believe there was no other way, and obliged them to think of calling a parliament for the general good of the nation.*

"My lords; as soon as the house of Austria had incorporated itself into the house of Spain, and, by their new discoveries, gotten to them selves the wealth of the Indies; they began to affect, and have ever since pursued, a fifth monarchy. The emperor Charles would first have laid the foundation thereof in Italy, by surprizing Rome: but from this he was hin dered by the force and respect of religion, Hen. 8. being made caput fœderis against him. He then attempted it in High-Germany, prac tising by faction and force, to reduce those petty states to his absolute power. In this Hen. 8. again prevented him, by tying the Lutheran princes under his confederacy and assistance. Ilis son, Philip 2, pursued the same ambition in the Nether-Germany, by reduction whercof he intended to make his way further into the other. This the late queen of England interrupted, by siding with the afflicted people on the one part, and making herself head of the protestant league with the princes on the other side; drawing in, as a secret of state, the countenance of France, to give the more reputation and assistance to them, and security to herself. Spain seeing his hopes thus fruitless by these unions and sleights, began first to break, it he might, the amity of France and England: but finding the common danger to be so fast a tye, he raiseth up a party in that kingdom of his own, by the which the French king was so distressed, that, had not the English council and assistance relieved him, Spain bad there removed that next and greatest obstacl of his ambition.-His council now tells him, from these examples, that the way to his great work is impassable, so long as England lies a lett in his way; and adviseth him, that the removal of that obstacle be the first of his intents. This drew on those often secret practices

* From his Posthumous Works, published by James Howel, esq.

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