|
| Steven Haristegin and John Harraneder to the King. |
| [Before March 13, 1603–4]. | The French Ambassador has
already presented petitions on their behalf concerning the damage
inflicted on their ship and cargo by Captain Thomasin and his
company, for whom Sir Robert Bassett became surety. After
it had been decided to compensate them to the amount of £1500,
Lady Bassett was summoned to make satisfaction to them.
She, however, endeavoured to avoid that obligation by falsely
stating that her husband's lands had been seized for debt by
Lord Buckhurst, (fn. 1) Lord Treasurer, Mr Drake, the High Sheriff
of Devon, and Mr Poole. Petitioners request that Lady Bassett
be forced to pay the £1500 out of Sir Robert's lands or that, in
view of his absence abroad, his property be distrained for that
purpose.—Undated.
1 p. (P. 9.)
[See H.M.C. Salisbury MSS, Vol. XVI, p. 438.] |
| John Geynkyn and others to the Privy Council |
| [? After March 15, 1603–4]. | The Lord Chancellor, the Lord
Admiral, the Lord Treasurer, Sir John Stanhope and others of
the Privy Council issued an order to the inhabitants between
Temple Bar and Charing Cross to arrange a pageant to receive
the King joyfully and loyally as he passed through London to
Westminster. Petitioner and many other poor people and artisans have contributed liberally towards the same, but some of
the better sort have refused to do so. They should be commanded
to donate money or be summoned before the Council for contempt.
—Undated.
1 p. (P. 732.)
[See Nichols Progresses of King James the First, Vol. 1, p. 375.] |
| Sir Richard Bulkeley to Lord Cecil. |
| [After March 16, 1603–4]. | In answer to the petition of Jane
Owen, he acknowledges that she inherited, as a child, the lands
which were in the possession of Richard Owen, deceased, mentioned in her petition. Moreover Lewis Owen, Sergeant of the
King's Larder, was granted the wardship of Jane Owen, and sued
forth a commission to Bulkeley, to the Feodary and the Escheator
of Anglesey, and to Henry Lloyd, esquire, who found that the
King had a title to her wardship. After the bestowal of the
wardship on Lewis Owen, Griffith ap John Griffith, "beinge a
turbulent and clamarous person and a common solicitor of suts,
having spent all his tyme in suts and brabells", exhibited a bill
in the Star Chamber against the commissioners, (fn. 2) charging them
with underhand actions. Petitioner has answered his allegations,
but Griffith has now addressed a petition to Cecil in the hope
of tarnishing Bulkeley's good name. Lastly, petitioner declares
that he never claimed any interest in the wardship, and asks that
Griffith be punished for his insinuations against him, "that thereby
the Kings officers and commissioners hereafter maie not be
discouraged to doe the Kings Matie any service. Otherwise the
gentlemen in that contrie will absent them selves from executing
any of the Kings commissions, and the tenurs that are due to the
King there will hardely be founde."—Undated.
1 p. (P. 1554.) |
| William Carrier to Lord Cecil. |
| [Before March 17, 1603–4]. | He is the Bailiff of the King's
manor of Yaxley, and held the office for a long time under the late
Queen Elizabeth. When the King came to the throne he renewed
his patent at his own expense, but recently the King granted the
manor to the Queen as part of her jointure. Petitioner understands that he has to renew his patent again from Cecil. In
consideration of his lengthy service and his charges, he requests
that he be granted the bailiwick. |
| In a different handwriting: Since he drew up his petition,
petitioner has been given to understand that a Mr Proby, to
whom he had entrusted his case and its presentation to Cecil, has
procured a patent of the bailiwick in his own name. But since
Proby is resident in London, he has to find a deputy to perform
the duties of the office. Petitioner explains that he had sent up
his old patent and the assignment which he had obtained from the
King, to London with a Mr Tuck, one of Cecil's employees, inasmuch as he was afraid to come himself last Christmas because of
the plague. Tuck appears to have been slack about the whole
business, and petitioner asks that Proby surrender his patent to
him, he himself undertaking to defray Proby's expenses in the
matter.—Undated.
1 p. (P. 1518.)
[See Cal. S.P. Dom., 1603–10, p. 88.] |
| Sir John Croke to the King. |
| [After March 19, 1603–4]. | Before being elected Speaker in
the last Parliament and during the sessions of the present one, (fn. 3)
he was unable to attend to his legal duties as much as he could
have desired. He asks that he be awarded some fee farm so that
he may enjoy a better estate, and thus be enabled to fulfil his
duties with greater freedom and efficiency.—Undated.
½ p. (P. 639.) |
| James Annesley to Lord Cecil. |
| [1603–4, March 21]. | He is one of the officers of the King's
Cellar. Thirty years ago Robert Stokes died seised of certain
lands in Newport Pagnell. For lack of lawful heir, the land is
either to escheat to the King or a fine is due for alienation. He
is brother-in-law to the deceased Stokes, and since the land forms
part of the Queen's jointure, he asks that at the next court held in
the manor an heir be presented or the property seized for the
Queen's use. If an escheat is declared, petitioner requests that he
be made tenant before any other.—Undated.
Note by Cecil: "I desire to be enformed of this by her Mats
Chancelour."
Note by Sir Roger Wilbraham: "I think it meete your Lordship
write to the Stuard to enquire of the Q's title, which founde he
semes for his discoverie to deserve a lease for 21 yeres for such
fyne as the stuard and dep. surveior shall advise." 21 Marcii, 1603.
1½ pp. (P. 1680.) |
| Parliamentary Debates. |
| 1603–4, March 23. | Die Veneris xxiii Martis, 1603. Sir
Robert Wroth (one of the knights of the shire returned for the
countie of Essex) moved that matters of most ymportance might
first bee handled, and to that purpose hee offered to the consideration of the Howse: the Wardship of mens children as a burden
and servitude to the subjects of this kingdome, etc. |
| Die Lune, 26 Martii |
| Sir Ffrancis Bacon (one of his Mats Councell learned) maketh
report of the meeting of the Committees touching the matters
formerly propounded by Sir Robert Wroth, and of the first
endevoures and travell in the poynt of Wardship of mens children,
relating breifly what was said Pro et Con, viz: |
| That it was a thing never petitioned, never wonne of any King. |
| But having his ground from the tenure of Scutagium, voyage
royall in Esclose, that nowe determins by his Mats possessinge of
the Crowne. |
| This no newe thing, for K.H.8, K.E.6 and Q.M. had a power
graunted them by Parlyament to dissolve the Court of Wards. |
| That the intention of the Howse was that both the Kinge and
meane Lords should bee comprehended. |
| The first resolution was for the matter, that petition should bee
made to the King; then for the maner, it was debated: (1)
whether first to agree upon the plott and to offer to the King the
matter plotted, (2) or first to aske leave to treate, then, whether
first to pray a conference with the Lords touching a petition to
bee offered to his Matie for libertie to treate, which last was
thought the best course, and so resolved by the house. |
| Agreed by the Committees and delivered into the House at the
same tyme. |
| Concerning the Wardship of mens children, yt was agreed that
the House should bee moved this day touching a conference to
bee had with the Lords for joyning in a Petition to the Kings
Matie, that hee would bee pleased to give them leave to enter into
consideration of some project of recompence to bee given to his
Highnes for easing the subjects in the wardship of their children
for their bodies and lands. |
| Sir Henry Nevill offereth a motion touching two important
causes to bee considered by the House, viz: (1) a declaration of
all kinds of treasons, (2) an explanation of certaine maximes of
the Common lawe touching the K. graunts: which he prayed
(together with the matter of Wardship) might bee considered of
and remembred by such Committees as should bee named for
the conference to bee had with the Lords touching the matter of
Wardship. But yt was thought fitt that the matter of Wardship
onely and nothing els should bee handled in that conference:
and xxiiii were presently named to bee sent to the Lords to
pray a conference, viz: |
| All the privie councell of the House |
| Sir George Carew, vicechamberlaine to the Queene |
| Sir Ffrauncis Bacon |
| Sir Edwyn Sandys |
| Sir John Hollis |
| Mr Ffrauncis Moore |
| Sir Jerome Bowes |
| Sir Ffrauncis Hastinge |
| Mr Serjant Dodridge |
| Sir John Scott |
| Sir Richard Leveson |
| Sir Edward Hobby |
| Sir Maurice Berkley |
| Sir Edward Mountague |
| Mr Serjeant Tanfeild |
| Sir George Moore |
| Sir Arthur Atye |
| Sir Robert Wroth |
| Sir Henry Mountague |
| Sir John Thynne |
| Mr Ffuller |
| Sir Henry Nevill |
| Sir Thomas Lake |
| Mr Ffr. Clifford |
| Sir Robert Wingfeild |
| Sir Edward Hobby [sic] |
| Sir Maurice Berkley [sic] |
| The maner of proceeding in the matter of Wardship was further
questioned, and being (by generall opinion) thought fittest to
proceed by way of petition to the King, viz, that his Matie would
bee pleased to give leave to treate, etc; |
| It was first propounded as necessarie that the Lords, being part
of the Bodie and sensible of the same burden, should joyne in
petition: and for that purpose the House presently to pray a
conference with their Lordships: which upon the question being
resolved, Sir John Stanhope, kt, vicechamb. to his Matie accompaned with the xxiiii Committees formerly named by speciall
commission and message delivered to their Lordships the desire
and pleasure of the House accordingly, and upon his returne
reported for aunswere from their Lordships that they lyked and
well approved the care and respect of the House in the course they
tooke to pray such a conference, and that they would willingly and
readily joyne with them in that or any other thing which might
so much concerne the common good. And for their numb[er]
tyme and place of meeting, send aunswere by messengers of their
owne. |
| Sir John Popham, knight, Lo: Chief Justice of England, Sir
Christopher Yelverton, knight, one of the Judges of the Common
Pleas, Sir John Crook, knight, deputie Chancellor of his Mats
Court of Exchequor and one of the Ks Serjannts at Lawe, and Sir
Richard Swale, knight, Doctor of the Lawes and one of the
Masters of his Mats Court of Chauncery, came downe in message
from the Lords and delivered: That whereas yt pleased the
House to pray conference touching their Lordships joyning with
them in petition to his Matie for leave to treat of matter of Wardship, etc, that they were comannded to make knowne unto them
howe well they lyked and how willingly they enterteyned their
carefull consideration and motion in that matter as in all other
matters of lyke importance. But desiered that some things els
of the same kind, and of as great waight and moment, might bee
drawne in to consultation together with the other at the same
conference, as namely Respit of Homage, Licence of Alienation,
etc, as also the generall abuse (so much complaynd of) of Purveyors
and Cartakers of which greevance (they sayd) the Lords themselves
had as much feeling as any whosoever, and wished that therein
such an order, proportion and certainty might bee established as
his Matie might bee better served, his Prerogative preserved and
the country eased: and this they desiered might bee debated in
the intended conference. |
| And that their Lordships had named thirty of that House to
meete with such number of this House at the said conference as
should bee thought fitt: the place and tyme to bee in the painted
Chamber at two a clock in the afternoone. |
| To this the House assented and gave aunswere by Mr Speaker,
that they would meet for conference with their Lordships with
the number of six score at the tyme and place desiered. And to
joyne with the xxiiii Committees formerly named and sent up
to the Lords, were presently added for the said conference: |
| Sir Henry Hubbard |
| Sir William Killigrew |
| Sir Thomas Somersett |
| Sir William Herbert |
| Sir Edward Herbert |
| Sir William Harvey |
| Sir Philip Herbert |
| Sir Thomas Ridgway |
| Sir Robert Oxenbridge |
| Sir Valentine Knightley |
| Sir Ffrauncis Goodwin |
| Sir Ffrauncis Barrington |
| Sir Roger Aston |
| Sir Edward Stafford |
| Sir Robert Cotton |
| Mr Allen Persie |
| Sir William Woodhouse |
| Sir Roger Wilbraham |
| Sir John Townesend |
| Sir Oliver St John |
| Sir Robert Needham |
| Sir Edmond Bowyer |
| Sir Thomas Jermin |
| Mr George Smyth |
| Mr Martin |
| Sir Anthony Rowse |
| Sir Maurice Berkley [sic] |
| Sir Henry Carey |
| Mr Robert Askwith |
| Mr Lawrence Hyde |
| Sir Edward Grevill |
| Mr Ffrauncis Moore [sic] |
| Sir Thomas Monnson |
| Sir John Savill |
| Mr Nathaniel Bacon |
| Sir Nicholas Saunders |
| Sir Rowland Litton |
| Sir Charles Cornwallis |
| Sir John Leveson |
| Sir John Thynn [sic] |
| And these Committees (besides the matter of Petition to the
King touching Wardship) had warrant and authoritie from the
House to treat and debate of whatsoever should bee accidentally
propounded or arise by occasion in the said conference. |
| xxviii Martii 1604 |
| Sir Ffrancis Bacon maketh report of the conference yesterday
betweene the Lords and this House wherein (he sayd) he was
meerely a relator, no actor. |
| And sayd further that the Lords upon their first meeting desired
the Committees of this house to make the proposition: whereupon
yt was thought fitt by the said Committees not to mention any
objections but onely to shew their dutifull respect in the handling
of the matter, and, secondly, to open the greif adding some
cautions and considerations to prevent mistakinge. |
| The grief was that every mans eldest sonne or heire (the dearest
thinge he hath in the world) was by Prerogatyve warranted by the
lawes of the land to bee in ward to the King for his bodie and lands,
then which (they conceyved) to a free nation nothing to bee more
greyvous. But they esteemed it onely a greif, no wrong,
sythence yt hath beene patiently endured by our auncestors and
by our selves, and therefore they did presse to offer yt to the
Kings grace and not to his justice. |
| They knewe yt concerned the King in two sorts, (1) in his
revenewe, (2) and in reward to his well deserving servants and
officers of the wards. |
| That the discharge of the wardship of meane Lords was also to
bee thought on. And concluded that their desire and resolution
was not to proceed by way of Bill but by way of Petition to his
Matie for licence to treat, etc. |
| Of the Lords, first one aunswered that they had as much feeling
as any of the burden, and that with a double respect, because
their families were planted in honor. |
| That there was one other great greevance complayned of in the
matter of respect of Homage, wherein though the King were
interressed in honor and profit, yet their desire was that yt might
bee coupled in the Petition with the matter of Wardship, as
growing upon that roote. |
| It was affirmed by another Lord that in the matter of respit of
homage, present order was to bee taken by speciall direction from
his Matie. And that for the greevance of Purveyors, etc. |
| Sir Ffrauncis Bacon continued the report of another Lords
speach (which he said) he did but onely report not deliver as a
message. It contayned 3 points, (1) his affection to the House
of the Commons, (2) his good wishes unto yt, (3) the great
benefit the King bringeth with him, as the peace wee have by him
and the latitude and prospect of that peace. That the King was
borne for us. That a people may bee without a King: a King
cannot bee without a people. A perswasion that the House
would aunswere him in all good correspondence, (1) in modestie,
that our desires bee lymitted, (2) in plainnes, that wee lay our
selves open in the naked truth of our hearts, (3) in order and
comelynes of proceeding, which is the band and ornament of all
societies. |
| Sir Edward Cooke, his Matyes Atturney generall and Mr Doctor
Hone bring a message from the Lords expressing with what
acceptation their Lordships entertayned their motion yesterday,
not onely for the matter, being of very great waight and consequence, but especially for the manner, namely that touching
wardship they would not petition for ease in yt as matter of
wrong but of greif, and pray to bee releyved by grace and not by
justice. And their Lordships for aunswere were desierous and
moved at that tyme to couple in the same Petition the matter of
greyvance of respyt of Homage, which his Maty out of his gratious
favour and love to his people had him selfe taken knowledge of.
And as they conceyve yt to bee lykely that the conference may
contynue betweene the two houses touching the said matters,
as they are very zealous of the furtherannce of their purpose, so
are they jealous of any impediment that may breed let or hinderannce therein. Therefore they desire for a more cleare proceeding
and removing of all stumbling blocks that the former Committees
may in a second conference to bee had, have authoritie to treat
touching the case of Sir Ffrauncis Goodwyn, the knight for
Buckinghamshire, before any other matter were further proceeded
in. |
| The aunswere to this message was: |
| That they would returne aunswere by messengers of their owne. |
| Aunswere to this message by Mr Secretary Herbert: |
| That they did conceive yt did not stand with the honor and
order of the house to give account of any their proceedings or
doyngs. But yf their Lordships have any purpose to conferre,
for the residue, that then they wilbee ready at such tyme and
place, and with such number as their Lordships shall thinke
meete. |
| Die Mercurii xvi° Maii 1604 |
| Moved and perswaded, by long contynewed speach, that the
matter of composition for Wardship, etc, might goe hand in hand
with that of Purveyors. |
| In our message to the Lords to desire their Lordships to joyne
in petition to his Matie for leave to treat, etc. |
| Others that the matter of Wardship may goe single. |
| These motions induced 3 questions, to bee agreed and made: |
| (1) Whether to desire the Lords to joyne with this House in a
Petition for composition for Wardship. |
| Resolved. |
| (2) Whether composition for Wardship shall goe hand in hand
with that of Purveyors. |
| Resolved to goe single. |
| (3) Whether to desire a conference touching the framing of a
Petition for leave to treat, etc. |
| Resolved. |
| A Committee for conference with the Lords touching matters of
Wardship moved and named. |
| All the privie Councell being members of the house |
| The Lo: Clinton |
| The Lo: Buckhurst |
| Sir Robert Wroth |
| Sir Henry Nevill |
| Sir Ffrancis Bacon |
| Mr Sollicitor |
| Sir George Moore |
| Mr Ffrauncis Moore |
| Sir Edward Hobby |
| Sir Nath. Bacon |
| Sir Edward Stafford |
| Sir Herbert Crofte |
| Sir John Hollis |
| Sir Hugh Beeston |
| Sir Ffranc. Hastinge |
| Mr Wentworth |
| Sir Thomas Crompton |
| Sir Edward Mountague |
| Mr Recorder of London |
| Sir Thomas Holcroft |
| Sir Daniel Dun |
| Mr Doctor James |
| Sir Edward Herbert |
| Sir Robert Wingfeild |
| Mr Fferiam Dodridge |
| Sir Henry Billingsley |
| Sir John Thynne |
| Sir Edmond Bowyer |
| Sir Thomas Dunton |
| Sir William Burlacy |
| Mr Sam. Bacchus |
| Sir Maurice Berkley |
| Sir Thomas Ridgeway |
| Sir John Savill |
| All the Serjants at Lawe |
| Sir Robert Oxenbridge |
| Sir William Strowd |
| Sir Thomas Ffreak |
| Sir Thomas Hesketh |
| Mr Pulliston |
| Sir Jerome Horsey |
| Sir John Harper |
| Sir Thomas Beamount |
| Sir Edward Tyrrell |
| Sir Ffrancis Knollys |
| Sir Ffrancis Popham |
| Sir Richard Verney |
| Sir William Wray |
| Sir Richard Leveson |
| Mr Ffuller |
| Mr Serjant Tanfeild |
| Mr Lawrence Hyde |
| Sir Edw. Lewkenor |
| Sir Peter Manwood |
| Sir Nicholas Saunders |
| Sir Roger Aston |
| Sir Edwyn Sandys |
| Mr John Hare |
| Sir Jerome Bowes |
| Sir Henry Bromley |
| Sir John Scott |
| Sir Edward Herbert [sic] |
| Sir Edward Grevill |
| Sir John Leveson |
| Sir Henry Beamount |
| These Committees are appointed to conferre with the Lords on
Ffryday next at two aclock in the afternoone in Camera Picta,
touching matters of Wardship, respytt of homage, Licence of
Alienation, primer seisin, and other the incidents, as also touching
their Lordships joyning with the House in Petition to his Matie
for leave to treat, etc. |
| And are first to meete this afternoone in the Parliament house,
there to prepare furnish and arme themselves with such reasons
and arguments as may induce the proceeding in the said Petition
and give some instruction in the framinge of the same. |
| xxiiii° Maii 1604 |
| Mr Doctor Swale and Mr Doctor Hone come in message from the
Lords saying that their Lordships had considered of their dooble
motion for conference. |
| Touching thact of the union, they desire the meeting may bee
this afternoone. |
| Ffor ecclesiasticall matters, this day fortnight in the afternoone. |
| Ffor the matter of wards, where yt is already appointed on
Ffryday, they desire yt may bee deferred till Saterday. |
| xxv Maii 1604 |
| Sir Edwyn Sandys produceth in writing the heads of such
course as was thought meet to bee proceeded in by the Committee,
touching the matter of Wardship, etc, at their last meeting,
readeth yt and offereth yt to the consideration of the House. but
nothing then done upon it. |
| xxvi Maii 1604 |
| Sir Edwyn Sandys moveth that the House would bee pleased to
consider of some directions for the proceeding of the Committee
appointed to conferre with the Lords touching the matter of
Wardship, etc, and offered to the House such as were set downe
in writing and read yesterday by himself, which were presently
read by the Clerk and approved by the House, to the effect
following: |
| In the conference with the Lords touching a Petition to bee
made to the King to have leave to treat with his Matie of a
composition for tenures and wardships, etc, these things to bee
propounded, |
| (1) Ffirst what wee desire. |
| (2) Secondly the reasons for our desire. |
| (3) Thirdly the removing of impediments which may bee
objected. |
| (4) Ffourthly what course to bee taken for the levying and
assessing of our composition, if it please his Matie to assent to it. |
| (1) Our desire is the taking away the tenures in capite, and
knights service, and the burdens depending on them, as Wardship
of lands and body, marriage of wards, liveries, respit of homage,
licence of Alienation, primer seisin, relief, etc. |
| (2) The reasons for our desire may bee reduced into three heads: |
| (1) Ffirst why wee desire it. |
| (2) Then why wee desire it more of his Matie then our
auncestors did of his progenitors. |
| (3) Lastly what reasons on his Maties behalf may induce him
to graunt our desire. |
| Why wee desire it the reasons are many: |
| (1) It is but a restitution unto the originall right of all men by
the lawe of God and nature, which is that children should bee
brought up by their parents and next of kin, and by them bee
directed in their marriages. |
| (2) The greevance and damage of the subject in his estate to
the great hinderance and decay of mens houses and posterity, and
to the disabling of them to serve their Prince and country. |
| (3) The great mischeif by occasion of forced and ill suited
marriage. |
| (4) The contempt and reproach of our nation in forreyne
countries, which doth also consequently redound upon our Kings. |
| Why wee desire it more of his Matie then our auncestors of his
progenitors (although it have bene in former princes tymes
desiered), there are some reasons which wee will expresse, and
other some wee will leave to their Lordships provident considerations. |
| (1) The originall of these tenures, which draw Wardships, was
serving of the King in his warres against Scotland which cause is
now ceased. |
| (2) The generall hope that at his Maties entrie the whole land
embraced, that they should bee eased of this burthen, which hope
hath bene increased by his Maties benigne offer made the last
summer, that men might before hand compound for their childrens
marriages. |
| The reasons which on his Maties behalfe may induce him to
graunt our desire are two: |
| (1) One reason moves from his Matie, viz, his owne most
gratious and most noble disposition in so accepting our chearefull
love and loyalty towards him, at his entry into this kingdome, as
to promise withall that this our duty should bee returned unto us
not in words but royall deeds, to the easing of those oppressions
and burdens under which wee groaned. |
| (2) An other reason must move from us: wee will offer unto
his Matie the raysing of a perpetuall and certaine revenew out of
our lands, not onely proportionable to the uttmost benefit that
any of his progenitors ever reaped hereby, but also with such an
overplus and larg addition as in great parte to supply his Maties
other necessities. |
| (3) The impediments which may bee objected are these two
principall: |
| (1) Ffirst, what to bee done touching the wards of subjects.
They must bee also compounded for at such reasonable rate
either of money in grosse or of yearely rent, as may give satisfaction and content to the severall lords. |
| (2) Secondly, what regard to bee had of his Maties officers. An
honourable yearely pension to bee graunted unto them during
their lives at the charge of the whole state and the same either to
come to the Crowne after their decease, or else to bee extinguished
to that rate, whereat wee shall make composition with his Matie. |
| (4) If his Matie bee pleased to compound with us, what course
may bee taken for the levying and assessing of that which wee
shall compound for, may then bee considered of when his Matie
shall have assented to composition; howbeit because some thinke
it a matter of impossibility or great difficulty to bee overcome, if
their Lordships desire any project thereof, this may be proposed
by way of overture to occasion their Lordships to thinke of a
better and more exquisite. |
| This Session onely his Maty to bee agreed with for the generall
somme of the yearely revenew to bee raysed, and commissioners
to be chosen out of all the shires in England for the assessing of
this revenewe. |
| The Commissioners first to informe themselves what land
there is in knight service and capite, holden of his Matie, in every
shire in England. |
| To set downe a proportionable rate what shalbee raysed of
their lands and what of soccage land, if it bee thought fitt to taxe
it also. |
| To consider then the proportion of the quantitie of ward land
in every shire, and conferring the same with the whole quantitie
of the severall shires (if soccage land bee also taxed) to allott what
shalbee raysed out [of] every particular shire. |
| Afterward to devide themselves into the severall shires and
agreeably to the proportion to proceed (as occasion shall require)
to subdivide every shire, and so finally to the taxing of every
perticular mans lande. |
| Their doeings to bee returned (as in way of proposition only) to
the next Session of Parliament, which may proceede to a finall
conclusion of this busines. |
| Moved by Mr Parkinson that some course bee taken to prevent
that no newe tenures bee created hereafter. |
| Sir Robert Wroth. Impossible that any good should come of
this course in the matter of Wardship, etc: hee foresawe it, hee
knewe yt. Moved therefore that every man by his last will and
testament might dispose of his child, paying the like fine, etc.
And that some Bill to that purpose might bee thought on. |
| Primo Junii 1604 |
| Sir Edwyn Sandys entreth into a report of the conference with
the Lords touching matter of wardship, etc. |
| Hee related his owne speach to the Lords. |
| By the way, hee sayd: If the King did graunt yt, yt was great
grace; yf deny yt, no wronge. |
| Hee recyted the direction for the conference formerly read in
the house xxvi May which (hee sayd) the Committee pursued. |
| The reply by the Lords was three folde: |
| (1) Expostulation or freindly reprehension. |
| (2) Aunswere to the reasons. |
| (3) Admonition. |
| They put us in mynde what wee were. |
| In what state wee were the XII of March was twelvemoneth.
That wee would have given halfe that we had to have that wee
now enjoy. Under what kinge wee lyved, with what habilitie. |
| How wee had spent our tyme in matters of privilegde, purveyors,
ecclesiastic, etc.
Tenures onely in this land;
Franck-almoigne. . Copie. Soccage. |
| Wardship not proper to England alone. Scotland and some
parts of France subject to yt. |
| The last comission for compounding but satisfactorie to the
people brought in not above 40001.
The revenewe of the wards 310001
Respytt of homage, licences of Alienation, etc, 100001
What the conceyte of forreine ambassadors would bee of the
King in selling his prerogative.
Ffyve Lords did concurre in one sense.
Sensi ex composto rem geri
Replyed by one. Marriage of children, no prerogatyve, no
dishonour to take yt away.
Much dispute followed this report by sundry members of the
house. |
| Amongst others, moved by Sir T.R. that a Committee might
bee named to take a survey of the proceeding of the House and
to sett downe something in wryting for his Mats satisfaction and
to exhibite yt unto him. |
| Mr Speaker propounded a petition to bee framed with reasons of
satisfaction for the proceeding in matters of wardships, etc. |
| These both resolved upon the quest, and the former Committee
named xx Maii for conference with the Lords touchinge Wardship, etc, appointed to meete with this authority, viz: |
| To take a survey of all the acts and proceedings of the House
(which have bene excepted unto, or whereof any misinformation
hath bene given unto his Matie,) from the beginning of this Session,
and to advise of such a forme of satisfaction to bee offered to his
Matie (eyther by writing or otherwise) as may informe him in the
truth and clearenes of their proceeding, thereby to free them from
the scandall of levitie and precipitation, so often imputed unto
them. And particularly to consider of some satisfaction touching
the proceeding in matter of wardship, etc. This being done to
make report to the House, and from thence to receyve further
direction. |
| To the former Committee were added upon this occasion;
Sir Robert Mannsell
Mr Yelverton
Mr Martin
Mr Hare
Sir Rowland Litton
Sir Ffrauncis Barrington |
| Uppon the whole matter this order following was conceived by
the Clerk, being so directed. |
| This daye, Sir Edwyn Sandys making report of the late conference had with the Lords, according to a former commission of
this house, touching the matter of Wardship and other the incidents thereunto, in steede of acceptation and assent to joyne in
petition to his Matie, delivered from their Lordships no other then
matter of expostulation, opposition of reason to reason: admonition or precise caution in proceeding, which suitinge with the
groundes of his Maties speache subsequent, advisedly and of
purpose made upon that occasion, to the whole House assembled
by his Maties direction at Whitehall on Munday last (wherein
many perticular actions and passages of the house were objected
unto them with taxation and blame), summoned the dutie and
judgement of the House to consider what were fittest to bee done.
And amongst other, the motion of Sir Thomas Ridgeway, one of
the knights for Devonshire, induced the House to this consideration, that synce yt appeared his Matie had made such an impression
of myslike of the proceedings of the house in generall, as also that
the groundes conceyved touching wardship and matters of that
nature seemed to bee so weakened and impugned, yt were
necessarie and safe for the House, and dutyfull and convenient in
respect of his Matie, instantly to advise of such a forme of satisfaction, either by wrytinge or otherwise, as might in all humility
informe his Matie in the truth and clearenes of the actions and
intentions of the house from the beginning, thereby to free yt
from the scandall of levity and precipitation, as also of the
proceeding in particular touching the said matter of wardship,
with this speciall care that a matter so advisedly and gravely
undertaken and proceeded in might not die or bee buried in the
hands of those that first bred yt. |
| v Junii 1604 |
| His Mats message by Mr Speaker touching the matter of
satisfaction. |
| xx Junii |
| The forme of an Apologie and satisfaction to bee presented to
his Matie penned and agreed on by a former select Committee, was
now reported and delivered into the House by Sir Thomas
Ridgeway, one of the Committees, twice read, debated and agreed
pro et con. Whether the matter and the manner fitt, or what was
fytt to bee done in yt. |
| The Apologie directed to the Kings most excellent Matie
from the House of the Commons assembled in Parliament |
| Most gratious Sovereigne, wee cannot but with much joye and
thankfullnes of minde acknowledg your Mats great graciousnes in
declaring lately unto us by the mouth of our Speaker, that you
rested now satisfyed with our doings: which satisfaction notwithstanding, thoughe most desired and deare unto us, yet
proceeding meerely from your Mats most gracious disposition, and
not from any justification, which on our behalfe hath beene made,
wee found this our joye intermingled with no small greife and
could not (dread Soveraine) in our dutifull love to your Matie,
and in our ardent desire of the continewance of your favour
towards us, but tender in humble sort this farther satisfaction,
being carefull to stand right not onely in the eye of your Mats
grace, but also and that much more in the ballance of your
princely judgement, on which all assurednes of love and grace
is founded. Into which course of proceeding wee have not
bene rashly carryed by vaine humour of curiosity, of contradiction, of presumption, or of love of our owne devises and doings
(unworthy affections in a counsell of Parliament, and more
unworthy in subjects towards their Lord and Soveraine, but as the
searcher and judge of all harts doth knowe, for these and for no
other undew endes in the world: |
| (1) Ffirst, to encrease and nourish your Mats gratious affection
towards your loyall and most loving people. |
| (2) Secondly, to assure and knit all your subjects harts most
firmely to your Matie. |
| (3) Thirdly, to take away all cause of jealousie on either parte
and difference for tymes ensuing. |
| (4) Ffourthly and lastly, to prevent and controwle all sinister
reports which might bee unseasonably spread, either at home or
abroade, with prejudice to your Matie or the good estate of your
kingdome. |
| With these minds (dread Soveraigne) your whole Commons of
England, represented now in us, their knights, cittizens and
burgesses, doe come with this humble declaration to your highnes,
affiance of your most gratious disposition, that your Matie with
benignity of minde, correspondent to our dutifullnes, wilbee
pleased to peruse yt. |
| Wee know, and with great thanckfullnes to God acknowledge,
that hee hath given us a kinge of such understanding and wisdome
as is rare to finde in any Prince in the world: howbeit seeing no
humane wisdome, how great soever, can peirce into the particularities of the rights and customes of people, or of the sayings
and doeings of perticular persons, but by tract of experience and
faithfull report of such as knowe them (which it hath pleased
your Mats princely mouth to deliver), what greif, what anguish of
mind hath yt bene unto us, at sometimes in presence to heare and
see, in other things to finde and feele by effect, your gratious
Matie (to the extreame prejudice of all your subjects of England
and in particular to this House of the Commons thereof) so
greatly wronged by misinformation as well touching the state of
the one as the priviledges of the other, and their severall proceedings during this Parlyament, which misinformations, though
apparent in themselves and to your subjects most injurious, yet
have wee in some humble and dutifull respect rather hitherto
complayned of amongst ourselves, then presumed to discover
and oppose against your Matie. |
| But now no other helpe or redresse appearing, and findinge
those misinformations to have beene the first, yea the cheife and
almost sole cause, of all the discontentfull and troublesome
proceedings, so much blamed in this Parlyament, and that they
might bee againe the cause of like or greater discontents and
troubles hereafter (which the Allmighty Lord forbid) wee have
bene constrayned as well in duety to your royall Matie, whome
with faithfull harts wee serve, as to our deare native country, for
which wee serve in this Parlyament, to breake our silence and
freely to disclose unto your Matie the truth of such matters
concerning your subjects the Commons, as hitherto by misinformation hath bene suppressed or perverted. Wherein, that wee
may more plainely proceede (which next unto truth wee affect
in this discourse) wee shall reduce these misinformations to three
principall heades: |
| (1) Ffirst, touching the cause of the joyfull receiving of your
Matie into this your kingdome. |
| (2) Secondly, concerning the liberties and rights of your subjects of England and the priviledges of this House. |
| (3) Thirdly, touching the severall actions and speaches passed
in the House. |
| (1) It hath bene tould us to our faces by some of no small place
(and the same spoken also in presence of your Matie) that on the
24th of March was twelve moneth, wee stood in so great feare
that wee would have given halfe wee were worth for the security
wherein now wee stand, whereby some misunderstanders of
things might perhaps conjecture that feare of our owne misery
had more prevailed with us in the duty which on that day was
performed than love of your Maties vertue and hope of your
goodnes towards us. Wee contrarywise most truly protest the
contrary that we stood not at that tyme, nor of many a day before,
in any doubt or feare at all; wee all professing true religion by
lawe established (being by manifold degrees the greater, the
stronger and more respective part of this your Mats realme),
standing cleare in our consciences touching your Maties right,
were both resolute with our lives and all other our habilities to
have mainteyned the same against all the world. And vigilant
also in all parts to have suppressed such tumults, as but regard of
our power, united minds and readines, by the malecontented and
turbulent might have bene attempted. But the true cause of our
extraordinary great chearefullnes and joye, in perfourming that
days duety, was the great and extraordinary love which wee bare
towards your Maties most royall and renowned person, and a
longing thirst to enjoye the happy fruities of your Maties most
wise, religious, just, vertuous and gratious hart, whereof not
rumour but your Maties owne writings had geven us a strong and
undoubted assurance. Ffor from hence (dread Soveraine) a
generall hope was raysed in the minds of all your people that under
your Matie religion, peace, justice and all vertue should renew
againe and flourish, that the better sort should bee cherished, the
bad reformed or repressed and some moderate ease should bee
given us of those burdens and sore oppressions under which the
whole land did groane. This hope being so generall and so firmely
setled in the mindes of all your most loyall and most loving people,
recounting what great alienation of mens harts the defeating of
great hopes doth usually breede, wee could not in duty as well
unto your Matie as to our countries, citties and boroughes, who
have sent us hither, not ignorant or uninstructed of their griefes,
of their desires and hopes, but according to the auncient use and
liberty of Parlyament present our severall humble petitions to
your Matie of different nature, some for right and some for grace,
to the easing and releeving us of some just burdens and of other
some unjust oppressions. Wherein what due care, what respect
wee have had that your Maties honor and profit should bee
conjoyned with the content and satisfaction of your people shall
afterward in their severall due places appeare. |
| (2) Now concerninge the auncient rights of the subjects of this
realme, cheifly consisting in the priviledges of this House of
Parlyament, the misinformation openly delivered to your Matie
hath bene in three things: |
| (1) Ffirst, that wee hould not our priviledges of right but of
grace onely, renewed every Parlyament by way of donative upon
petition and so to bee limitted. |
| (2) Secondly, that wee are no Court of Record ne yet a Court
that can commaund view of Records, but that our proceedings
here are onely to acts and memorialls, and that the attendance
with the Records is curtesie not duety. |
| (3) Lastly, that the examination of the returne of writts for
knights and burgesses is without our compasse and due to the
Chauncery. |
| (1) Against which assertions (most gratious Soveraine) tending
directly and apparantly to the utter overthrowe of the very
fundamentall priviledges of our House, and therein of the rights
and liberties of the whole Commons of your realme of England,
which they and their auncestors from tyme immemoriall have
undoubtedly enjoyed under your Maties most noble progenitors:
wee the knights, cittizens and burgesses of the House of Commons
assembled in Parlyament and in the name of the whole Commons
of the realme of England, with uniforme consent, for our selves
and our posterities, doe expressely protest as being derogatory in
the highest degree to the true dignitie, libertie and authority of
your Maties highe Court of Parlyament, and consequently to the
right of all your Maties said subjects and the whole body of this
your kingdome, and desire that this our protestation may bee
recorded to all posterity. And contrarywise with all humble
and due respect to your Matie, our Soveraine Lord and head,
against those misinformations wee most truely avouch that our
priviledges and liberties are our right and due inheritance, no lesse
then our very lands and goods, that they cannot bee witheld from
us, denyed or ympayred but with apparannt wrong to the whole
state of the realme. And that our makinge request in the
entrannce of Parlyament to enjoye our priviledges is an act onely
of manners and doth weaken our right no more then our sewing
the King for our lands by petition which forme, thoughe new and
more decent then the old by Precipe, yet the subjects right is no
lesse now then of ould. |
| (2) We avouch also that our House is a Court of Record and so
ever esteemed, and that there is not the highest standing Court in
this land that ought to enter into competency either for dignity
or authority with these high Courts of Parliament which with your
Maties royall assent give lawes to other Courts; but from other
Courts receive neither lawes nor orders. |
| (3) And lastly wee avouch that the House of Commons is the
sole proper judge of the returne of all such writts and of the
election of all such members as belong unto it, (without which the
freedome of election were not entire) and that the Chauncery,
though as a standing Court under your Matie bee to send out
those writts and to receive the returnes and to preserve them, yet
the same is done onely for the use of the Parlyament, over which
neither the Chauncery nor any other Court ever had or ought to
have any manner of jurisdiction. Ffrom these misinformed
positions (most gratious Soveraine) the greatest parte of our
troubles, distrusts and jealousies have arysen, having apparently
found that in this first Parliament of the happy reigne of your
Matie the priviledges of our House, and therein the liberties and
stability of the whole kingdome, have bene more universally and
daungerously impugned then ever, as wee suppose, since the
beginning of Parlyaments. Ffor although yt may bee true that
in the later tymes of Queene Elizabeth some one priviledg now
and then were by some particuler act, attempted against yt, not
obscurely injured, yet was not the same ever by so publique
speach nor by positions in generall denounced against our priviledges. Besides that in regard of her sexe and age, which wee had
great cause to tender and much more upon care to avoyde all
trouble which by wicked practize might have bene drawne to
impeach the quiett of your Maties right in the succession, those
actions were then past over which wee hoped in succeeding tymes
of freer accesse to your highnes so renowned grace and justice to
redresse, restore and rectifie. Whereas contrarywise in this
Parlyament (which your Matie in great grace, as wee nothing
doubt, intended to bee a President for all Parlyaments that should
succeede) cleane contrary to your Maties so gratious desire by
reason of those misinformations, not one priviledge but the whole
freedome of the Parlyament and realme hath from tyme to tyme
upon all occasions beene mainely hewed at; as the freedome of
our persons in election hath beene impeached, the freedome of
our speech prejudiced by often reproofe, perticular persons noted
with taunte and disgrace, who have spoken their consciences in
matters proposed to the House, but with all due respect and
reverence to your Matie, whereby wee have in the end bene subject
to so extreame contempt as a jaylour obstinately to withstand the
decrees of our House, some of the higher clergie to write a booke
against us even sitting in the Parlyament, the inferiour clergy to
inveighe against us in pulpitt, yea to publishe their protestations
tending to the impeachement of our most auncient and undoubted
rights in treating of matters for the peace and good order of the
church. What cause wee your poore Commons have to watch
over our priviledges is manifest in itself to all men. The preroga
tives of Princes may easily and doe daily growe. The priviledges
of subjects are for the most parte at an everlasting stand. They
may bee by good providence and care preferred, but being once
lost are not recovered but with much disquiett. If good kings
were immortall as well as kingdomes, to stryve so for priviledges
were vanity perhapps and folly. But seeing the same God, who
in his great mercy hath given us a wise kinge and religious, doth
also sometymes permit hypocrites and tyrants in his displeasure
and for sinnes of people, ffrom hence hath the desire of rightes,
liberties and priviledges both for nobles and Commons had his
just originall, by which an harmonicall and stable state is framed,
each member under the head enjoying that right and perfourming
that duty which for the honor of the head and happines of the
whole is requisite. Thus much touching the wrong done to your
Matie by misinformation touching our priviledges. |
| (3) The last kinde of misinformations made to your Matie hath
bene touching the actions and speeches of perticular persons used
in the House, which imputation notwithstanding, seeing it
toucheth the whole House in generall who neither ought neither
have at any tyme suffered any speach touching your Matie other
then respective, dutifull and as became loyall subjects of a King
so gratious. And for as much as yt ys very cleare unto us by the
effect that dyvers things spoken in the House have bene perverted
and very untruly reported to your Matie, yf it might so seeme fitt
in your Maties wisdome and were seemely for us to crave, wee
should bee most glad if for our better justification and for your
further satisfaction, which wee principally desire, the accusers and
accused might bee confronted. |
| And now (most gratious soveraigne) these necessary grounds of
our cause and defence being truely layde and syncerely presented
to your Mats grace and wisedome, the justification of such
particulers, wherein your highnes seemed doubtfull of our dutifull
carryage (though not so much for the matter as for the manner
of our proceeding), wee trust wilbee plaine and expedite: which
particulers wee find to have beene of three different natures: |
| (1) The first sort concerned the dignity and priviledges of our
House. |
| (2) The second the good estate of the Realme and Church. |
| (3) The third was for the ease of certaine greevances and
oppressions. |
| (1) In the first rank there were five particulers: |
| (1) The matter of the Gentleman Usher. |
| (2) Of the Yeoman of the Guard. (fn. 4) |
| (3) Of the election of the kt of Buckinghamshire. |
| (4) Of Sir Thomas Sherleyes deliverance. |
| (5) Of the Bishopp of Bristowes pamphlett. |
| (2) The second rancke had two particulers: |
| (1) The Union. |
| (2) The matter of religion. |
| (3) The third had three: |
| (1) The Bill of Asserte. |
| (2) Matter of Purveyors. |
| (3) The Petition for Wardship. |
| Of each of these wee must say somewhat to give your Matie
satisfaction, and that with all brevitie to shunne tediousnes and
trouble. |
| (1) The Gentleman Ushers faulte in depriving by his unaccustomed neglect a great parte of our House from hearing your
Mats speach the first day of Parliament, wee could not, in the greife
of being frustrate of our so loving and just desire to heare your
Maties voice and renowned wisdome, but complaine of in decent
sort amongst our selves. And further wee proceeded not, your
Mats extraordinary great grace and favour in rehearsing the day
ensueing your former admirable speach did give us content with
aboundant increase of joye. |
| (2) The Yeoman of the Guards words were very opprobrious,
and howsoever they might have beene not unfitly applyed to the
pezants of Ffrannce and bores of Germany, yet could they not
bee other then very reproachfull and injurious to the great dignity
and honour of the Commons of this realme, who conteyne not
onely the cittizens, burgesses and yeomanry but also the whole
inferior nobilitie of the kingdome, knights, esquiors and gentlemen,
many of which are come ymediately out of the most noble families,
and some others for their worth advannced to the high honor of
your Mats privy Counsell, and otherwise have bene imployed in
very honourable service. In summe, the sole persons of the
higher nobility excepted, they conteyne the whole flower and
power of your kingdome, with their bodies your warres, with
their purses your treasures are upheld and supplied. Their harts
are the strength and stability of your royall seate. All these
amounting to many millions of people are representatively present
in us of the House of Commons. The wrong done to us doth
redound upon the whole land and will so bee construed. Wee
could not therefore doe lesse in our duty to the realme then to
advertise such a delinquent of the unseemelynes of his fault,
neither yet could wee doe more in duty to your Matie then uppon
his acknowledgment thereof freely to remitt yt. |
| The right of the liberties of the Commons of England in
Parlyament consisteth cheifly in three things: |
| (1) Ffirst, that the shyres, citties and boroughes of England,
by representation to bee present, have free choyce of such
persons as they shall put in trust to represent them. |
| (2) Secondly, that the persons chosen, during the tyme of the
Parlyament as also of their accesse and recesse, bee free
from restraint, arrest and imprisonment. |
| (3) Thirdly, that in Parliament they may speake freely their
consciences without check and controllment, doing the
same with due reverence to the Soveraigne Court of
Parlyament, that is to your Matie and both the houses,
who all in this case make but one politique body, whereof
your highnes is the head. |
| Theise three severall braunches of the auncient inheritance of
our libertie were in the three matters ensueing apparently injured: |
| (1) The freedome of election in the case of Sir Ffranncis
Goodwyn. |
| (2) The freedome of the persons elected in Sir Thomas
Sherleyes imprisonment. |
| (3) The freedome of our speach, as by dyvers other reproofes,
so also in some sort by the Bishop of Bristowes invective. |
| (3) For the matter of Sir Fra. Goodwyn, the knight chosen for
Buckinghamshire, wee were, and still are, of cleare opinion that
the freedome of election was in that action extreamely injured:
that by the same right it might bee at all tymes in a Lord
Chauncellors power to reverse defeate, to reject and substitute all
the elections and persons elected over all the realme. Neither
thought wee that the judges opinion (which yet in due place wee
greatly reverence) being delivered what the Common law was,
which extends onely to inferior and standing courts, ought to
bring any prejudice to these high courts of Parlyament, whose
power being above the lawe is not founded on the Common
lawes but have their rights and priviledges peculiar unto themselves. |
| Ffor the manner of our proceeding which your Matie seemed to
blame, in that the second writ going out in your Maties name, wee
presumed to censure it, without first craving accesse to acquaint
your highnes with our reasons, therein wee trust our defence shall
appeare just and reasonable. It is the forme of the Court of
Channcery, as of dyvers other Courts, that writts going out in
your Mats name are returned also as to your Matie in that Court
from whence they issue; howbeit no man therefore ever repayreth
to your Mats person, but proceeds according to lawe, notwithstanding the writt. This being the universall custome of this
kingdome, yt was not nor could bee admitted into our conceits
that the difference was betweene your Matie and us (for God forbid
that betweene so gracious a Sovereign and so dutiful and loving
subjects any difference should arise). But it alwayes was and
still is conceived that the controversy was betweene the Court of
Channcery and our Court (an usuall controversy betweene Courts
about preheminences and priviledges), and that the question was
whether the Channcery or our house of the Commons were judge
of the members returned for yt. Wherein, though wee supposed
the wronge done us to bee most apparant and extreemely prejudiciall to the rights and liberties of this realme, yet such and so
great was our willingnes to please your Matie as to yeld to a middle
course proposed by your highnes, preserving onely our priviledges,
by voluntary cession of the lawfull knight. And this course as it
were of deceiving our selves and yelding in our apparant right,
whensoever wee could but invent such wayes of escape, as that
the President might not bee hurtfull, wee have held (dread
Sovereigne) more then once in this Parliament, upon desire to
avoyde that which your Matie by misinformation (whereof wee
have had cause to stand alwaies in doubt) might bee distastfull or
nor approvable. So deere hath your Mats gracious favour bene
unto us. |
| (4) In the delivery of Sir Thomas Sherley our proceedings were
long, our defence of them shalbee breif. We had to doe with a
man (the warden of the ffleete) so untractable, and of so resolved
o[b]stinacy as that nothing wee could doe, no nor your Maties
royall word for confirmation thereof, could satisfy him for his
owne security. This was the cause of the lengthe of that busines.
Our priviledges were so shaken before and so extreamely vilified
as that wee held it not fitt in so unseasonable a tyme and against
so meane a subject, to seeke our right by any other course then by
course of lawe or by any other strength then by our owne. |
| (5) The Bishop of Bristowes booke was injurious and greevous
to us, being written expressely with contempt of the Parliament
and of both the houses in the highest degree; undertaking to
refute reasons proposed by the Commons, approved by the Lords,
confirmed by the judges and finally by your royall Matie not
disassented to. And to increase the wrong with strannge untruth,
hee had perverted those reasons in their mayne drifte and scope,
pretending that they were devised to impugne the union ytself,
whereas by their title and by themselves it was cleere and evident
that they were onely used against alteration of name and that not
simply but before the union of both realmes in substance were
perfected. This booke being thus written and published to the
world, conteyning moreover sundry slannderous passages and
tending to murmure, distraction and sedition, wee could not doe
lesse against the writer thereof then to complaine of this injury
to the Lords of the higher house, whereof hee had now attained
to bee a member. These wronges were to the dignity of our house
and priviledge. |
| (1) Touching the causes apperteininge to the State and Church:
true it is wee were long in treating and debating the matter of
union. The proposition was new, the importance great, the
consequence farre reaching and not discovered but by long dispute.
Our number also is larg, and each hath liberty to speake. But
the doubts and difficulties once cleered or removed, how farre wee
were from opposing to the just desires of your Matie (as some evill
disposed minds would perhapps insinuate who live by division and
prosper by the disgrace of other men) the great expedition,
alacrity and unanimity which was used and shewed in passing of
the Bill may sufficiently testify. |
| (2) For matter of Religion it will appeare by examination of
truth and right that your Matie should be misinformed if any man
should deliver that the Kings of England have any absolute power
in themselves either to alter religion (which God defend should bee
in the power of any mortall man whatsoever) or to make any
lawes concerning the same, otherwise then, as in temporall causes,
by consent of Parliament. Wee have and shall at all tymes by
our oathes acknowledg that your Matie is soveraine Lord and
supreame Governour in both. Touching our owne desires and
proceedings herein they have bene not a litle misconceived and
misreported. Wee have not come in any puritane or Brownish
spirit to introduce their party or to worke the subversion of the
State Ecclesiasticall as now yt stanndeth: things so farre and so
cleerely from our meaning as that with uniforme consent in the
beginning of this Parliament wee committed to the Tower a man
who, out of that humour in a petition exhibited to our house,
had slanndered the Bishops. But according to the tenor of your
Maties writts of summons, directed to the counties from which
wee come, and according to the auncient and long continued use
of Parliaments, as by many records from tyme to tyme appeareth,
wee came with another spiritt, even the spirit of peace. Wee
disputed, not of matters of faith and doctrine; our desire was
peace only and our devise of unitie, how this lamentable and long
lasting dissention amongst the ministers (from which both
atheisme, sects and ill life have received such encouragement and
so daungerous encrease) might at length before help come to late
bee extinguished. And for the wayes of this peace wee are not
addicted at all to our owne inventions but ready to imbrace any
fitt way that may bee offered, neither desier wee so much that
any man in regard of weaknes of conscience may bee exempted
after Parlyament from ob[e]dyence to lawes established, as that
in this Parliament such lawes may bee enacted as by relinquishment of some few ceremonies of small importance, or by any way
better, a perpetuall uniformity may bee enjoyed and observed.
Our desire hath also bene to reforme certen abuses crept into the
Ecclesiasticall State even as into the temporall. And lastly that
the land might bee furnished with a learned, religious and godly
ministery, for the mayntenance of whome wee would have granted
no small contribution, if in these (as wee trust) just and religious
desires wee had found that correspondence from other, which was
expected. These myndes and harts wee in secrett present to that
Soveraigne Lord who gave them, and in publique professe to your
gracious Matie who wee trust will so esteeme them. |
| (1) There remaynes the matters of oppression and greevance.
In the Byll of Asserts your Mats Counsell was heard, namely your
Sollicitor and Sir Ffranncis Bacon. It was also desiered by the
house that other of your Counsell would have bene present. Wee
knew that our passing the Bill could not bynde your Matie;
howbeit for sundry equitable considerations, as to us they seemed,
wee thought fitt to give so much passage to the Bill in hope that
your Matie might either bee pleased to remitt in some sort unto
this equity that right which the rigour of law had given, or
otherwise bee entreated by this kind of sollicitation to let them fall
into your Mats hands, full of piety and mercy, and not into the
jawes of devouring promoters. And this doe wee understand to
bee your gratious intent, wherewith wee rest joyfully content and
satisfied. |
| (2) This greevance was not unjust in rigour of law and was
perticular. But a generall extreeme unjust crying oppression is
in Cartetakers and Purveyors, who have ravaged and ransacked,
since your Maties coming in, farre more then under any of your
royall progenitors. There hath bene no prince since Henry the
third (except Queene Elizabeth) who hath not made some one
law or other to represse or lymitt them. They have no prescription, no custome to plead, ffor there hath not bene any Parliament
wherein complaynt hath not bene made and clayme of our right,
which doth interrupt prescription. Wee have not in this Parlyament sought any thing against them but execution of those lawes
which are in force already. Wee demaund but that justice which
our Princes are sworne neither to deny, delay nor sell. That wee
sought into the accompts of your Mats expence was not our
presumption but upon motion from the Lords of your Mats
Counsell and offer from the officers of your highness houshould,
and that upon demannd of a perpetuall yerely revenew in leiwe
of the taking away of these oppressors, unto which composition
neither know wee well how to yeld, being only for justice and due
right which is unsaleable. Neither yet durst wee ympose it by
lawe upon the people without first acquainting them and havinge
their consent unto it. But if your Matie might bee pleased in
your gracious favour to treate of composition with us for some
greevance which is by lawe and just, how ready wee should bee to
take that occasion and colour to supply your Mats desire concerning these also, which wee hold for unjust, should appeare, wee
nothinge doubt of your Maties full satisfaction. |
| (3) And therefore wee come lastly to the matter of Wardes and
such other just burthens (for so wee acknowledg them) as to the
tenures of capite and knights servyce are incident. We cannot
forgett (for how were it possible) how your Matie in a former
most gracious speach in your Gallery at Whitehall advised us, for
unjust burthens, to proceede against them by Bill, but for such as
were just, if wee desiered any ease, that wee should come to
yourselfe by way of Petition, with tender of such countervayleable
composition in proffit as for the supporting of your royall estate
was requisite. According to which your Mats most favourable
graunt and direction wee prepared a petition to your most
excellent Matie for leave to treate with your highnes touchinge a
perpetuall composition to bee raysed by yeerely revenewe out of
the lands of your subjects for Wardshipps and other burdens
depending on them or springing with them, wherein wee first
entered into this duetifull consideration that this prerogative of
the Crowne, which wee desiered to compound for, was a matter of
meere proffit and not of any honor at all or princely dignity, ffor
yt could not then neither yet can by any meanes sincke into our
understandinge that these aeconomicall matters of education
and marriage of children (which are common also to subjects)
should bring any renowne or reputation to a potent monarch
whose honour is setled on a higher and stronger foundation:
ffaithfull and loving subjects, valiannt souldiers, an honourable
nobility, wise councellors, a learned and religious clergie, a
contented and happy people, are the true honour of a king. And
contrariwise, that it would bee an exceeding great honour and of
memorable renowne to your Matie with all posterity, and in
present an assured bond of the harts of all your people, to remitt
unto us this burden under which our children are borne. This
prerogative then appearing to bee a meere matter of proffit, wee
entred into a second degree of consideration, with how great
greevance and domage of the subject, to the decay of many houses
and disabling of them to serve prince and country, with how great
mischeife also by occasion of many forced and ill suited marriages,
and lastly, with how great contempt and reproach of our nation
in all forreine countries, how small a commodity was now raised
to the Crowne in respect of that which, with great love, joy and
thanckfullnes for restitution of this originall right in disposing of
our children, wee would bee content and glad to assure unto your
Matie. We fell also from hence into a third degree of consideration, that it might bee that in regard that the originall of these
wardships was serving of the kinge in his warres against Scotland,
which cause wee hope now to bee at an everlasting end; and in
regard moreover of that generall hope which at your Maties first
entrie the whole land embraced (a thinge knowne unto all men)
that they should now forever bee eased of this burthen, your
Matie out of your most noble and most gracious disposition and
desire to overcome our expectation with your goodnes might be
pleased to accept an offer of our perpetuall and certaine revenewe,
not onely proporcionable to the uttmost benefit that any of your
progenitors ever reaped thereby, but also with such an overplus
and large addition as in great parte to supply your Maties other
occasions, that our ease might breede your plenty. With these
humble minds, with these dutifull respects wee entended to crave
accesse unto your Matie. But that ever it was said in our House
by any man that this was a slavery under your Matie more then
under our former Princes, hath come from an untrue and
calumnious reporte. Our sayings have always bene, that this
burthen was just, that the remitting thereof must come from your
Maties grace, and that the denying of our suite were noe wrong
unto us. And thus most gracious soveraigne, with dutifull minds
and syncere harts towards your Maty, have wee truly both disclosed our secreat intents and delivered our outward actions in all
these so much traduced and blamed matters. And from henceforward shall remayne in great affiannce that your Matie rests
satisfyed both in your grace and in your judgment, which above
all thinges worldly wee must desire to effect before the dissolvinge
of t is Parliament, where in so long tyme, with so much paines
and endurance of so great sorrowe scarce any thinge hath bene
done for their good and content who sent us hither, and whome
wee left full of hope and joyfull expectation. |
| There remayneth (dread Soveraigne) yet one part more of our
dutie at this present which faithfullnes of hart, no presumption,
doth presse upon us. We stand not in place to speake or to doe
things pleasing: our care is and must bee to confirme the love and
to tye the harts of your subjects the Commons most firmely to
your Matie. Herein lyeth the meanes of our well deserving of
both. There was never Prince entered with greater love, with
greater joy and applause of all his people. This love, this joy,
let it nowe flourish in their harts for ever. Let no suspition have
accesse to their fearefull thoughts, that their priviledges, which
they thinck by your Matie should bee protected, should now by
sinister information or counsell bee violate or impaired, or that
those which with dutifull respect to your Maty speake freely for
the right and good of their country, shalbee oppressed or disgraced. Let your Matie bee pleased to refuse publique information
from your Commons in Parlyament as in the civill estate and
government, ffor private informations passe often by practize.
The voyce of the people in thinges of their knowledge is said to
bee as the voyce of God. And if your Matie shall vouchsafe at
your best pleasure and leasure to enter into gracious consideration
of our petitions for ease of these burthens, under which your
whole people have of longe tyme mourned, hopeing for releife by
your Matie: then may you bee assured to bee possessor of their
harts for ever; and if of their harts, then of all they can doe or
have. And so wee your Matyes most humble and loyall subjects,
whose auncestors have with loyalty, readynes and joyfullnes
served your famous progenitors, Kings and Queenes of this
Realme, shall with like loyalty and joye, both wee and our
posteritie, serve your Matie and your most royall issue for ever
with our lives, lands, goods and all other our habilityes, and by all
meanes endevour to procure your Maties honour with all plenty,
tranquillity, content, joy and felicity. |
| Moved by Sir William Strowde that the forme of satisfaction
touching the proceedings of the House penned by the Committee
and by them reported and read in this House might bee recommitted and some more Committees added, and such of the first
Committee or others as found any cause of exception or were
not present at the former severall meetings might bee commaunded to attend that they might receive satisfaction from the
rest, or otherwise yeild their reasons of difference, so as upon
report to the House some resolution may bee taken for further
proceeding or surceasing in the said busines. And according to
the motion ordered and the Committees appointed to meete on
Munday next in the Court of Wards.
30 pp. (367.)
[See H.M.C. Salisbury MSS, Vol. XVI, pp. 42–3, 141–4.] |