Part 4

3 _ob._ Want of both Sacraments. Ans.: The more is our grief that our pastor is kept from us, by whom we might enjoy them; for we used to have the Lord's Supper every Sabbath, and baptism as often as there was occasion of children to baptize.

4 _ob._ Children not catechised nor taught to read. Ans.: Neither is true; for divers take pains with their own as they can; indeed, we have no common school for want of a fit person, or hitherto means to maintain one, though we desire now to begin.

5 _ob._ Many of the particular members of the plantation will not work for the general. Ans.: This also is not wholly true; for though some do it not willingly and others not honestly, yet all do it, and he that doth worst gets his own food and something besides. But we will not excuse them, but labour to reform them the best we can, or else to quit the plantation of them.

6 _ob._ The water is not wholesome. Ans.: If they mean, not so wholesome as the good beer and wine in London, (which they so dearly love,) we will not dispute with them; but else, for water, it is as good as any in the world (for aught we know,) and it is wholesome enough to us that can be content therewith.

7 _ob._ The ground is barren and doth bear no grass. Ans.: it is here as in all places, some better and some worse; and if they will well consider their words, in England they shall not find such grass in them as in their fields and meadows. The cattle find grass, for they are as fat as need be; we wish we had but one for every hundred that here is graze to keep. Indeed this objection, as some others, are ridiculous to all here which see and know the contrary.

8 _ob._ The fish will not take salt to keep sweet. Ans.: This is as true as that which was written, that there is scarcely a fowl to be seen, nor a fish to be taken. Things likely to be true in a country where so many sail of ships come yearly for the fishing! they might as well say, there can no ale or beer in London be kept from souring.

9 _ob._ Many of them are thievish and steal one from another. Ans.: Would that London had been free from that crime: then we should not have been troubled with these here; it is well known sundry have smarted well for it, and so are the rest like to do, if they be taken.

10 _ob._ The country is annoyed with foxes and wolves. Ans.: So are many other good countries too; but poison, traps and other such means will help to destroy them.

11 _ob._ The Dutch are planted near Hudson's River, and are likely to overthrow the trade. Ans.: They will come and plant in these parts also, if we and others do not, but go home and leave it to them. We rather commend them than condemn them for it.

12 _ob._ The people are much annoyed with mosquitoes. Ans.: They are too delicate and unfit to begin new plantations and colonies, that cannot endure the biting of a mosquito: we would wish such to keep at home till at least they be mosquito proof. Yet this place is as free as any, and experience teacheth that the more the land is tilled and the woods cut down, the fewer there will be, and in the end scarce any at all.

THE IMPEACHMENT OF BUCKINGHAM (1626).

=Source.=--Rushworth, _Historical Collections_. Vol. i., p. 223.

I.

The Lord Keeper by the King's command, spake next:

... Concerning the Duke of Buckingham, his Majesty hath commanded me to tell you that himself doth know better than any man living the sincerity of the Duke's proceedings; with what cautions of weight and discretion he hath been guided in his public employments from his Majesty and his blessed Father; what enemies he hath procured at home and abroad; what perils of his person and hazard of his estate he ran into for the service of his Majesty, and his ever blessed Father; and how forward he hath been in the service of this House many times since his return from Spain. And therefore his Majesty cannot believe that the aim is at the Duke of Buckingham, but findeth that these Proceedings do directly wound the honour and judgment of himself and of his Father. It is therefore his Majesty's express and final commandment that you yield obedience unto those directions which you have formally received, and cease this unparliamentary inquisition, and commit unto his Majesty's care, and wisdom, and justice the future reformation of these things which you suppose to be otherwise than they should be....

THE COMMONS' REMONSTRANCE TO THE KING

=Source.=--Rushworth, _Historical Collections_. Vol. i., p. 245.

II.

Now concerning your Majesty's servants, and namely the Duke of Buckingham: We humbly beseech your Majesty to be informed by us your faithful Commons, who can have no private end but your Majesty's service, and the good of our country, that it hath been the ancient constant and undoubted right and usage of Parliaments to question and complain of all persons, of what degree soever, found grievous to the Commonwealth, in abusing the power and trust committed to them by their sovereign. A course approved not only by the examples in your Father's days of famous memory, but by frequent precedents in the best and most glorious reigns of your noble progenitors, appearing both in records and histories; without which liberty in Parliament no private man, no servant to a king, perhaps no counsellor, without exposing himself to the hazard of great enmity and prejudice, can be a means to call great officers in question for their misdemeanours, but the Commonwealth might languish under their pressures without redress. And whatsoever we shall do accordingly in this Parliament, we doubt not but it shall redound to the honour of the Crown, and welfare of your subjects....

THE COMMONS IN TEARS (1628).

=Source.=--Rushworth, _Historical Collections_. Vol. i., p. 609.

_Mr. Alured to Mr. Chamberlain._

SIR,

Yesterday was a day of desolation among us in Parliament, and this day we fear will be the day of our dissolution: Upon Tuesday Sir John Eliot moved, that as we intended to furnish his Majesty with money, we should also supply him with Counsel, which was one part of the occasion why we were sent by the Country, and called for by his Majesty; And since that House was the greatest Council of the Kingdom, where, or when should His Majesty have better Council than from thence? So he desired there might be a Declaration made to the King of the danger wherein the Kingdom stood by the decay and contempt of Religion, the insufficiency of his Generals, the unfaithfulness of his Officers, the weakness of his Councils, the exhausting of his Treasure, the death of his Men, the decay of Trade, the loss of Shipping, the many and powerful Enemies, the few and the poor Friends we had abroad.

In the enumerating of which, the Chancellor of the Duchy said it was a strange language, yet the House commanded Sir John Eliot to go on. Then the Chancellor desired if he went on, that himself might go out, whereupon they all bade him be gone, yet he stayed and heard him out, and the House generally inclined to such a Declaration to be presented in an humble and modest manner, not prescribing the King the way, but leaving it to his Judgment for reformation. So the next day, being Wednesday, we had a Message from his Majesty by the Speaker that the Session should end on Wednesday, and that therefore we should husband the time, and despatch the old businesses without entertaining new.... The House was much affected to be so restrained, since the House in former times had proceeded by finding and committing John of Gaunt the King's Son and others, and of late have meddled with, and sentenced the Lord Chancellor Bacon, and the Lord Treasurer Cranfield. Then Sir Robert Philips spake, and mingled his words with weeping. Mr. Prynne did the like, and Sir Edward Coke, overcome with passion, seeing the desolation likely to ensue, was forced to sit down when he began to speak, through the abundance of tears, yea, the Speaker in his Speech could not refrain from weeping and shedding of tears; besides a great many whose great griefs made them dumb and silent, yet some bore up in that storm and encouraged others. In the end they desired the Speaker to leave the Chair, and Mr. Whitby was to come into it, that they might speak the freer and the frequenter, and commanded that no man go out of the House upon pain of going to the Tower. Then the Speaker humbly and earnestly besought the House to give him leave to absent himself for half an hour, presuming they did not think he did it for any ill intention; which was instantly granted him; then upon many Debates about their Liberties hereby infringed, and the imminent danger wherein the Kingdom stood, Sir Edward Coke told them, he now saw God had not accepted of their humble and moderate carriages and fair proceedings, and the rather, because he thought they dealt not sincerely with the King, and with the Country in making a true Representation of the causes of all these miseries, which now he repented himself since things were come to this pass, that he did it not sooner, and therefore he not knowing whether ever he should speak in this House again, would now do it freely, and there protested that the author and cause of all those miseries was the Duke of Buckingham, which was entertained and answered with a cheerful acclamation of the House, as when one good Hound recovers the scent, the rest come in with a full cry: so they pursued it, and every one came on home, and laid the blame where they thought the fault was, and as they were Voting it to the question whether they should name him in their intended Remonstrance, the sole or the Principal cause of all their Miseries at home and abroad: The Speaker having been three hours absent, and with the King, returned with this Message; That the House should then rise (being about eleven a clock, and no Committees should sit in the afternoon) till to-morrow morning; What we shall expect this morning God of Heaven knows. We shall meet timely this morning, partly for the business sake, and partly because two days since we made an Order, that whosoever comes in after prayers, pays twelve pence to the poor. Sir, excuse my haste, and let us have your prayers, whereof both you and we have here need: So in scribbling haste I rest,

Affectionately at your service, THOMAS ALURED.

This 6 of June, 1628.

THE PETITION OF RIGHTS (1628).

=Source.=--Somers, _Tracts_. Vol. iv., p. 117.

Whereas it is declared and enacted by a statute made in the time of the reign of King Edward I., commonly called _Statutum de tallagio non concedendo_, that no tallage or aid shall be laid or levied by the King or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses and other the freemen of the commonalty of this realm; and by authority of the Parliament holden the five and twentieth year of the reign of King Edward III., it is decreed and enacted: that from henceforth no person should be compelled to make any loans to the King against his will, because such loans were against reason, and the franchise of the land. And by other laws of this realm, it is provided, that none should be charged by any charge or imposition called a benevolence, nor by such like charge, by which the statutes aforementioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom that they should not be compelled to contribute to any tax, tallage, or other the like charge, not set by common consent in parliament.

Yet nevertheless of late, divers commissions directed to sundry commissioners in several counties with instructions, have issued, by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and [some] of them, upon their refusal so to do, have had an oath administered unto them, not warrantable by the laws or statutes of this realm, and have been constrained to become bound to make appearance, and give attendance before your privy council and in other places: and others of them have been therefore imprisoned, confined and sundry other ways molested and disquieted. And divers other charges have been levied upon your people in several counties, by lord lieutenants, deputy lieutenants, commissioners for musters, justices of the peace, and others by command of or direction from your majesty, or your privy council, against the laws and free customs of the realm.

And whereas by the Statute called the Great Charter of the Liberties of England, it is declared and enacted, that no freeman may be taken or imprisoned, or be disseised of his freehold, or liberties, or his free customs, or be outlawed, or exiled, or in any manner destroyed, but by the lawful judgment of his peers or by the law of the land.

And in the eight and twentieth year of the reign of King Edward III., it was declared and enacted by the authority of Parliament that no man of what estate or condition that he be, should be put out of his lands or tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by the process of law.

Nevertheless, against the tenour of the said statutes, and other the good laws and statutes of your realm, to that end provided, divers of your subjects have of late been imprisoned without any cause shewed. And when for their deliverance they were brought before your justices, by your Majesty's writs of _Habeas Corpus_, there to undergo and receive as the court should order, and their keepers commanded to certify the cause of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your privy council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to law.

And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm; and the inhabitants, against their wills, have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people.

And whereas also, by authority of Parliament in the 25th year of Edward III. it is declared and enacted, that no man should be forejudged of life or limb against the form of Magna Charta, and the law of the land, and by the said great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death, but by the laws established in this realm, either by the customs of the said realm, or by acts of parliament. And whereas no offender of what kind soever is exempted from the proceedings to be used, or punishments to be inflicted by the laws and statutes of this your realm: Nevertheless divers commissioners under your Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners, with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever, and by such summary course and order, as is agreeable to martial law, and as is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

By pretext whereof, some of your Majesty's subjects have been by the said commissioners put to death, when and where, if by the laws and statutes of the realm they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed.

And also sundry grievous offenders, by colour thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders, according to the same law and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissioners as aforesaid. Which commissioners and all other of like nature are wholly and directly contrary to the said laws and statutes of this your realm.

They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, or loan, benevolence, tax, or such like charge, without common consent by act of parliament. And that none be called to make answer, or to take such oath, or to give attendance, or be confined, or otherwise molested or disquieted, concerning the same or for refusal thereof. And that no freeman, in any such manner as is before mentioned, be imprisoned or detained. And that your majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come. And that the foresaid commissioners for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchise of the land....

THE CASE OF RICHARD CHAMBERS (1629).

=Source.=--Rushworth. Vol. i., p. 672.

So the fine was settled to £2,000 and all (except the two Chief Justices) concurred for a submission to be made. And accordingly a copy of the submission was sent to the Warden of the Fleet, to show the said Richard Chambers.

"I, Richard Chambers of London, Merchant, do humbly acknowledge that, whereas upon an information exhibited against me by the King's Attorney General, I was in Easter Term last sentenced by the Honourable Court of Star Chamber, for that in September last, 1628, being convented before the Lords and others of his Majestie's most honourable Privy Council Board, upon some speeches then used concerning the merchants of this kingdom, and his Majesty's well and gracious usage of them, did then and there, in insolent contemptuous and seditious manner, falsely and maliciously say and affirm 'That they,' meaning the merchants, 'are in no parts of the world so screwed and wrung as in England, and that in Turkey they have more encouragement....' Now I, the said Richard Chambers in obedience to the sentence of the said honourable court, do humbly confess and acknowledge the speaking of these words aforesaid and am heartily sorry for the same: and do humbly beseech your Lordships all to be honourable intercessors for me to his Majesty, that he would be graciously pleased to pardon this great error and fault so committed by me."

When Mr. Chambers read this draft of submission, he thus subscribed the same.

"All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest, as most unjust and false: and never to death will acknowledge any part thereof.

"RICH. CHAMBERS."

Also he underwrit these Texts of Scripture to the said submission before he returned it [eight texts, mostly from the Old Testament, on God's care for justice and truth].

PROCLAMATION TO THE EASTLAND COMPANY (1629).

=Source.=--Rymer, _Fœdera_. Vol. xix., p. 129.

It is a greate parte of our royal care, like as it was of our royal Father of blessed memory deceased, to maintain and increase the trade of our marchants, and the strength of our Navy, as principal veins and sinews for the wealth and strength of our kingdom;

Whereas therefore the Society and Company of our Eastland Marchaunts trading the Baltic Seas, have by the space of Fifty years at the least, had a settled and constant possession of Trade in those parts, and have had both the sole carrying thither of our English commodities, and also the sole bringing in of all the Commodities of those Countries, as namely, hemp, yarn, cable yarn, flax, potashes, soapashes, polonia wool, cordage, eastland linen cloth, pitch, tar, and wood, whereby our Kingdom hath been much enriched, our ships and mariners set on work, and the honour and fame of our nation and kingdom spread and enlarged in those parts.

And whereas for their further encouragement the said Company have had and enjoyed, by Letters Patent under the Great Seal of England in the time of the late Queen Elizabeth, privileges, as well for the sole carrying out to those countries of all our English commodities, as also for the sole bringing in of the abovenamed commodities of the said countries, with general prohibitions and restraints of others not licensed and authorized, by the said Letters Patents to traffick or trade contrary to the tenor of the same Letters Patents: We minding the upholding and continuance of the said trade, and not to suffer that the said Society shall sustain any violation or diminution of their liberties and privileges, Have thought good to ratify and publish unto all persons, as well subjects as strangers, the said privileges and restraints, to the end that none of them presume to attempt any thing against the same;

And We do hereby straitly charge and command all our customers, comptrollers, and all other our officers at the ports, and also the farmers of our customes, and their Deputies and Wayters, that they suffer not any broadcloath, dozens, kersies, bayes, skins, or such like English commodities to be shipped for exportation to those parts, nor any hemp, flax dressed or undressed, yarn, cable yarn, cordage, potashes, sopeashes, polonia wool, eastland linen cloth, pitch, tarr or wood, or any other commodities whatsoever of those foreign parts and regions, wherein the said Company have used to trade, to be landed, except only such as shall be brought in by such as are free of the said Company; provided always that the importation of corn and grain be left free and without restraint, any thing herein contained to the contrary notwithstanding.

Furthermore, Whereas there hath been in auncient time divers good and politic laws made against the shipping of merchandises in stranger's bottoms, either inward or outward, as namely the statutes of 5 Ric. II., 4 Hen. VII., 32 Hen. VIII., which laws of later years have been much neglected to the great prejudice of the navigation of our kingdom: We do straitly charge and command, that the said laws be from henceforth duly put in execution, and that none of the said Company, nor any other be permitted to export or import any of the abovementioned commodities, in other than English bottoms, upon the pains in the said Statutes contained, and upon pain of our high indignation and displeasure, towards all our officers and ministers which shall be found slack and remiss in procuring and assisting the due execution of the said laws.

CHILLINGWORTH ON TOLERATION (A BROAD CHURCH VIEW).

=Source.=--Chillingworth, _Religion of the Protestants_. Ed. 1719. P. 130.