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of commons by the warden of the Fleet prison, where he made the same submission, on his kuces, at their bar.

Debate in the Commons on the Bill for Tunnage and Poundage.] The commons had now resumed their debate on the bill for Tunnage and Poundage; in which Mr. Selden's arguments chicfly turned on these points: That whereas the king's counsel objected, that 1 Eliz. saith, it was granted time out of mind to the king; he feared his majesty is told so, and some body doth ascertain him so: but we may clear that; for not only 1 Eliz. but also in the statute of 1 Jac. the words time out of mind' is, That whereas king Hen. 7. and other his majesty's progenitors, have had some Subsidy for the guarding of the seas; and there was never a king but had some Subsidy; in that sense it is, indeed, time out of mind; yet is it a matter of free gift: for public bills, the king saith, Le Roy le veult;' for Petitions of Right, Soit droit fait comme il est desire.' For the bill of Subsidies, it is thus, the king heartily thanketh the subjects for their good wills; in all the bills of Tunnage and Poundage is the very same answer, save one, which was 1 Eliz. and but for that only mistake of the clerk, it hath ever the same assent as the bill of Subsidy.

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of other remote parts, they find it not possib to be accomplished at this time: wherefor considering it will be much more prejudicial the right of the subject, if your maj. shou continue to receive the same, without auth rity of law, after the determination of a sessio than if there had been a recess by adjour ment only; in which case, that intended gra would have related to the first day of the pa liament: and assuring themselves, that you maj. is resolved to observe your royal Answe which you have lately made to the Petition Right of both houses of parliament; yet doub ing lest your majesty may be misinforme concerning this particular case, as if you mig continue to take those subsidies of tonnag and poundage, and other impositions upo merchants, without breaking that Answer they are forced, by that duty which they ow to your maj. and to those whom they repr sent, to declare, That there ought not at imposition to be laid upon the goods of me chants, exported or imported, without commo consent by act of parliament; which is th right and inheritance of your subjects, founde not only upon the most antient and origina constitutions of this kingdom, but often co firmed and declared in divers statute laws.'And for the better manifestation thereof ma it please your majesty to understand, That a though your royal predecessors, the kings this realm, have often had such subsidies an impositions granted unto them, upon diver occasions, especially for the guarding of the scas, and safeguard of merchants: yet the sub jects have been ever careful to use such cau tions and limitations in those grants, as migh prevent any claim to be made, as if such su sidies did proceed from duty, and not from th "Most gracious sovereign; Your majesty's free gift of the subjects. And that they hav most loyal and dutiful subjects, the commons heretofore used to limit a time in such grant in this present parliament assembled, being in and for the most part but short, as for a yea nothing more careful, than of the honour and or two; and if it were continued longer, the prosperity of your majesty and the kingdom; bave sometimes directed a certain space which they know do much depend upon that cessation or intermission, that so the right o happy union and relation betwixt your majesty the subject might be more evident. At othe and your people; do with much sorrow appre- times it hath been granted upon occasion bend, that (by reason of the uncertainty of of war, for a certain number of years, with their continuance together, the unexpected in- proviso, That if the war was ended in the terruptions which have been cast upon them, mean time, then the grant should cease and the shortness of time in which your ma- and of course it hath been sequestred into jesty hath determined to end this session) they the hands of some subjects, to be employed cannot bring to maturity and perfection, divers for the guarding of the sea coasts.It is ac businesses of weight, which they have taken knowledged by the ordinary answers of your into their consideration and resolution, as most majesty's predecessors, in their assent to the important for the common good: amongst bills of Tonnage and Poundage, that it i other things, they have taken into especial of the nature of other subsidies, proceeding care the preparing of a bill, for the granting of from the good-will of the subject: very few of your majesty such a Subsidy of Tunnage and your predecessors had it for life, until the Poundage, as might uphold your profit and reign of Hen. 7. who was so far from conceiv revenue in as ample a manner, as their just ing he had any right thereunto, that, although care and respect of trade (wherein not only the he granted commissions for collecting prosperity, but even the life of the kingdom duties and custoins due by law, yet he made do consist) would permit: but being a work no commissions for receiving the subsidy of which will require much time and preparation, Tonnage and Poundage, until the same was by conference with your majesty's officers, and granted unto him in parliament. Since his with the merchants, not only of London. but time all the kings and queens of this realm

Remonstrance of the Commons to the King on that Subject.] Upon this debate it was ordered, "That a committee be appointed to draw up a Remonstrance to his majesty of the People's Rights, and of the undue taking of Tunnage and Poundage, and Impositions, without act of parliament; and to shew the reasons why the house cannot, in so short a time, prepare that bill."-The Remonstrance was as followeth :

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have had the like grants for life, by the free | peers. His majesty had come unexpectedly love and good-will of the subject. And when-into that house, (for the afternoon had been soever the people have been grieved, by lay-appointed) and neither the king nor the lords ing any impositions or other charges upon were in their robes: however, the commons, their goods and merchandizes, without authori- with their Speaker, being come up, his majesty, ty of law (which hath been very seldom); yet, from the throne, made the following Speech to upon complaint in parliament, they have been both houses. forthwith relieved; saving in the time of your "My lords and gentlemen; It may seem royal father, who having, through ill counsel, strange that I come so suddenly to end this raised the rates and charges upon merchan- session; therefore, before I give my assent to dizes to that height at which they now are; yet the bills, I will tell you the cause; though, I he was pleased so far for to yield to the complaint must avow, that I owe an account of my acof his people, as to offer, That if the value of tions to God alone. It is known to every one, those impositions, which he had set, might be that, a while ago, the house of commons gave made good unto him, he would bind himself me a Remonstrance; how acceptable every man and his heirs, by act of parliament, never to may judge; and for the merit of it, I will not lay any other: which offer the commons at call that in question, for I am sure no wise that time, in regard of the great burden, did nan can justify it.-Now, since I am well innot think fit to yield unto. Nevertheless, your formed, that a second Remonstrance is preloyal commons in this parliament, out of their paring for me, to take away my profit of Tunespecial zeal to your service, and especial rc- nage and Poundage, (one of the chief maingard of your pressing occasions, have taken tenances of the crown) by alledging, That I into their consideration, so to frame a grant of have given away my right thereof by my AnSubsidy of Tonnage and Poundage to your maj.swer to your Petition: this is so prejudicial unto that your maj. might be the better enabled for the defence of your realm; and your subjects, by being secure from all undue charges, be the more encouraged chearfully to proceed in their course of trade; by the increase whereof, your majesty's profit, and likewise the strength of the kingdom, would be very much augmented.-But not being now able to accomplish this their desire, there is no course left unto them, without manifest breach of their duty, both to your maj. and their country, save only to make this humble Declaration, That the receiving of Tonnage and Poundage, and other Impositions, not granted by parliament, is a breach of the fundamental liberties of this kingdom, and contrary to your ajesty's royal Answer to our late Petition of Right: and therefore they do most humbly beseech your maj. to forbear any further receiving of the same; and not to take it in part from those of your majesty's loving subjects, who shall refuse to make payment of any such charges, without warrant of law demanded. And as by this forbearance, your most excellent maj. shall manifest unto the world your royal justice, in the observation of your laws; so they doubt not but hereafter at the time appointed for their coming together again, they shall have occssion to express their great desire to advance your majesty's honour and pront."

The King prorogues the Parliament in disgust.] The king being informed of these proceedings, thought proper to put a stop to them. Accordingly on the 26th of June, the day appointed for the prorogation, the Speaker was sent for to court in the morning; so that, as Rushworth says, he came not into the house till about nine o'clock. And, after prayers, whilst their new Remonstrance, concerning Tunnage and Poundage, being engrossed, was reading, the king sent for the Speaker and the whole house to attend him in the house of VOL. II.

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And,

me, that I am forced to end this session some
few hours before I meant it; being not wil-
ling to receive any more Remonstrances, to
which I must give a harsh Answer.
since I see, that the house of commons begin
already to make false constructions of what I
granted in your Petition; lest it be worse inter-
preted in the country, I will now make a De-
claration concerning the true intent thereof.—
The profession of both houses, in the time of
hammering this Petition, was no ways to trench
upon my prerogative; saying, They had nei-
ther intention or power to hurt it: therefore it
must needs be conceived, that I have granted
no new, but only confirmed the antient liber-
ties of my subjects. Yet, to shew the clear-
ness of my intentions, that I neither repent,
nor mean to recede from any thing I have
promised you, I do here declare myself, That
those things which have been done, whereby
many have had some cause to suspect the li
berties of the subjects to be trenched upon,
(which indeed was the first and true ground of
the Petition) shall not hereafter be drawn into
example to your prejudice; and, in time to
come, on the word of a king, ye shall not have
the like cause to complain. But as for Tun-
nage and Poundage, it is a thing I cannot
want; and was never intended by you to ask;
never meant I am sure by me to grant-To
conclude; I command you all that are here to
take notice of what I have spoken at this time,
to be the true intent and meaning of what I
granted you in your Petition; but especially
you, my lords, the Judges, for to you only, un-
der me, belongs the interpretation of the laws;
for none of the houses of parliament, joint or
separate, (what new doctrine soever may be
raised) have any power either to make, or de
clare, a law without my consent."

After this speech was ended, which, by his majesty's special command, was ordered to be entered in the Journals of the commons, the 2 F

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bill of Subsidy was presented by the Speaker, | the end of the last session of parliament. standing at the bar, who made a short speech, was further ordered, that Mr. Selden, a and shewed,That it was the greatest gift others, should see, if the Petition of Right a that ever was given in so short a time.' And his majesty's Answer thereunto, were inro so craving pardon for the errors of the house, in the parliament rolls and courts at We and his own, he prayed the king to give his roy-minster, as his majesty sent them word, al assent. Then were read the titles of other last session, they should be (see p. 410); bills, which were all assented to; after which also in what manner they were entered: wh the lord-keeper, by the king's command, pro- was done accordingly. And, soon after, 1 rogued this parliament to the 20th of October Selden reported to the house, That his n jesty's speech, made the last day of the session in the upper house, was entered, al with the Petition and Auswer, by his majest command.

next.

Mr. Pym moved, That the debate her should be deferred till Tuesday next, by reas of the fewness of the house, many being then come up.

Sir John Elliot. Since this matter is n raised, it concerns the honour of the hou and the liberties of the kingdom: It is true deserves to be deferred till a fuller house; b it is good to prepare things, for I find this be a point of great consequence. I des therefore that a select committee may be enter into consideration of this, and also be other liberties of this kingdom are invaded. find, in the country, the Petition f Right prin ed indeed, but with an Answer that never g any satisfaction. I desire a committee m

The most remarkable occurrences, which happened in the interval between these two sessions of this parliament, were, that the king first set about answering the desires of his subjects, in suppressing by proclamation all Dr. Manwaring's Sermons. By another proclamation, directions were given to commissioners to compound with Popish Recusants for two parts in three of their estates upon very easy terms. Another commanded that all priests, jesuits, and others, who had taken orders, by authority of the sec of Rome, should be diligently sought for, apprehended, and committed to the gaol of that county where they should be found, &c.-About this time sir R. Weston, chancellor of the exchequer, was made a peer of the realm, and lord high treasurer of England: Dr. Laud was translated from St. David's to the bishoprick of London: and sir Tho. Wentworth created baron Went-consider thereof, and present it to the house worth; all three persons greatly concerned in the sequel of these enquiries. Dr. Montagu and Dr. Manwaring, both of whom had been censured by parliament, were pardoned by the Mr. Selden. For this Petition of Righ king; the former was also preferred to the bi- it is known how lately it hath been violate shoprick of Chichester, and the latter presented since our last meeting. Our liberties for to the rectory of Stanford Rivers in Essex, and person, and freehold, how have they been in had a dispensation to hold it with his rectory vaded? Have not some been committed com of St. Giles's in the Fields.-It was about this trary to that Petition? Now we know this is time, also, that another expedition was design-vasion, we must take notice of it. For libe ed to relieve Rochelle, then straitly besieged by the French; and a fleet being prepared for that purpose to go under the conduct of the duke of Buckingham, that nobleman was stabbed suddenly to the heart by Felton. The circumstances of this murder are too well known to need any repetition here: the actor of it is averred to have said,* That it was the parliament's late Remonstrance against the duke that made him resolve to take him off, as a public enemy of his country.

The Parliament meet again.] Oct. 1. A Proclamation came out to prorogue the parliament, from the 20th of that month, to the 20th of January following, upon which day both houses met. The first thing the commons did, was to order a revival of all committ es, on pullic affairs. A call of the house was, likewise, ordered, on the 27th.

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

*Sec Sanderson's Life of Charles I.

and that the printer may be sent for to be ex mined about it, and to declare by what wa rant it was printed:' which was so ordered.

tics in estate, we know of an order made in th exchequer, That a sheriff was commanded no to execute a replevin: and men's goods a taken away, and must not be restored. An also, no man ought to lose life or limb, but b the law: and hath not one lately lost his cars [Meaning he that was censured in the Sta Chamber by an arbitrary judgment and sen tence.] Next they will take away our arms and then our legs, and so our lives. Let all sc we are sensible of this; customs creep on us let us make a just representation thereof to h majesty.'

The king's printer being sent for, to know by what authority he suppressed the first in pression of the Petition of Right, and printer another with an Addition, he answered, H was sure he had a warrant for it; but remem bered not, whether it came immediately from the king, or from the lords. Upon which Mr. Selden, and 4 other members, were ordered to go home with the printer, and inform themselves of the warrant; to take a copy of it, and report the same to the house the next mor ing.--Accordingly, next day, Mr. Selden reported, That they had examined Mr. Norton

to the Petition of

e last session of pat
ordered, that Mr. S
see,
if the Pettion
Answer thereants, ser is
ment rulls and cust
majesty sent the
cy should be see p
Taner they were exPE
rdingly. And,
1 to the best,

437]

PARL. HISTORY, 4 CHARLES I. 1628.-Petition concerning Precedency.

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markable was this:
In the latter affair, the most re-

and Mr. Bill, the king's printers, and found | session.
that the clerk of the house of lords had sent
to them the original Petition of Right, with the
king's second Answer to it (p. 409). That, du-
ring the sitting of parliament, they had printed
about 1500, of which few were divulged. That
the day after the session was cnded, Mr. At-
torney sent for Mr. Bill to his chambers, and
That these should not be published; and that
told him, as by his majesty's own command,
the lord privy-seal (the earl of Worcester) told
him as much. That soon after he was sent for
to court, where Mr. Attorney told him, He
must print the Petition of Right with the first
Led, That the der Speech. These were given in several papers,
Answer (p. 377) to it and his majesty's last
strangely fastened together, and upon the last

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Irish Honours upon English Gentlemen.] Feb. 9. A motion was made in the house of The Lords resent the conferring of Scots and lords, that Whereas divers Englishnuen having obtained degrees of honour, as of earls, viscounts, and barons, within the kingdoms of to have place and precedency, in all commis Scotland and Ireland, and thereby do pretend sions and meetings, above the peers of this realm; the house was to consider how this wrong might be redressed, either by an act of parliament to be passed by both houses, or by by a joint protestation of the house against it." an humble Petition from them to the king; or A committee Leing appointed to take this agreed on the following Proposition:- We conceive that no foreign nobility have any right affair immediately into consideration, they of precedency, within the realm of England, before any peer of this kingdom: yet, notwithstanding, by courtesy, precedency hath been allowed to noblemen of foreign kingdoms, intention to alter. But in regard that, of late, many Englishmen, both by birth, estate, and according to their ranks, which it is no way our abode, and the more considerable because of their great number, have had several honours in the kingdoms of Scotland and Ireland, conceived to be very disserviceable to his majesty, and prejudicial to the peers: that which

Then a question arising, Whether these papers should be sent for? it was carried in the affirmative; and that the printers should bring them along with the warrant the next morning. But this affair was put off the next day, to another time, and from thence we hear no more

of it.

Complaint of Mr. Rolles.] Another but severer scrutiny was made by the commons, on the Complaint of Mr. Rolles, a merchant and a member of that house, That his goods were seized by the officers of the customs, for refusing to pay the rates by them demanded; although he told thein, what was adjudged to

r may be sent be due by law he would pay them.--The edi- the committee do, in humility, offer unto the

tors of the Parliamentary or Constitutional
History of England' inform
or this Pether proceedings on this affair, and other mat-
us, "that the fur-
ters which happened in this short session of
parliament, were published in the year 1707,
from an account taken and collected by sir
Tho. Crew, knt. father to John lord Crew.

tely it hath be 11. Our libere 1. how have there ne been o

n? Now ne This gentleman had been Speaker of the last

e notice of it r of an order eriff was comm n: and me? t not be restart lose life or la t one later le s censured rary judgment it take a So our lives Le

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parliament of king James, and the first of
king Charles, was a serjeant at law, and a per-
son very eminent in his profession. His ac-
count, being much fuller than is represented in
Rushworth,
or any other writer, we shall chiefly
follow; comparing it with the Journals of the
Coinmous, the Historical Collections, and,
what are still more curious, two Manuscripts of
an equal date with these times.-In the preface
to sir Tho. Crew's Collection, it is said to be
offered to the perusal of the public without any
diminution, addition, remarks or application,
(marginal references excepted) by his grandson
John Parkhurst, esq. but upon comparing it
with the above mentioned Manuscripts, it ap-
pears that several speeches and material passages
are omitted: such are properly distinguished in
their order. From all these authorities we
shall be able to give an exact and authentic
account of this session, more remarkable than
any which hath yet happened in the whole
Course of theseenquiries."-But before we go on
to this, it will be necessary to look a little into
the proceedings of the lords during this period.
Appeals from chancery, and some breaches of
privilege employed their time ma

seatation the ting sent t uppressed the of light a on, he and ant for it: ht

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house, is to consider what course is the fittest dying aud redressing of this inconveniency.' to be taken for applying to his maj. for remeAgreed unto by the whole house. Accordingly the following Petition was presented to the king for that purpose :

"A Petition by the Lords concerning the Precedency of the late created Barons, Viscounts, and Earls of Scotland and Ireland. all humility, shew unto your most excellent "To the king's most excellent majesty In maj. your ever loyal subjects, the lords spiritual and temporal now in parliament assembled, That whereas the peers and mobility of this your realm of England, have heretofore used in courtesy, to afford precedency, according to the several ranks and degrees, to such of the nobility of Scotland and Ireland, as being in titles of honour above them, have, upon occasion, resorted hither, or remained here in your majesty's service; which we are most willing should be still observed, as a civility tending to the great honour of our nation --Now, divers of the natural-born subjects of this kingdom, who, both themselves and their families, do reside and have their chief estates and possessions amongst us, having of late been created, some barons, some viscounts, and some earls, within these your kingdoms of Scotland and Ireland, do, by reason thereof, claim, as of right, to take place, and to have precedency of the peers and nobility ser

doth not belong unto them by any grant from be contrary to the fundamental laws of thes your maj.; and tends both to the disservice and kingdoms, that any should be invested with a prejudice of your maj, and your realms, and to hereditary honour, where he hath not an estat the great disparagement of your English no- both to oblige him and his to the care and d bility, as by the reasons hereto annexed may fence of that kingdom; and make himself b appear. We therefore beseech your maj. of that responsible to the justice of that plac whose tender care to preserve the antient ho- where his person is privileged; and of grea nour and dignity of your nobility we are grief to your faithful nobility of this realn throughly persuaded; that, your majesty's wis- (who have yielded, out of civility and courtesy dom and goodness being so extraordinary, you to strangers) that they should be disturbed i will be pleased, according to the example of those ranks and degrees, which the grace o the best of princes and times, upon the consi- princes, grounded upon merits, long time have deration of the manifold inconveniences, which settled them in, by others of their own nation practice and observation of circumstances have of meaner quality; in whom no other cat brought to light, being represented unto your appears but ambition to precede others, with maj. by the nearest body of honour unto you, out ground of merits or estate to warrant i and nearest concerned in this, and offered in these places, where they have sought title with as much faith and humility as they can it being a great diminution to your nobility and devise; for the avoiding of all debate and their children, and the antient gentry of thi contention, which, upon this occasion, may kingdom. 5. That honour, both in the nature o arise either for the present or future, that some itself, and practice of former times, being at course and order may be timely settled therein chieved, principally, by virtue and desert; and by your princely wisdom, as that thereby the it being one of the chiefest marks by which the inconvenience of your majesty's service may best of princes made impression thereof to de be prevented; and that the prejudice and dis-scend, hereditarily, in the most deserving famiparagement of the peers and nobility of this kingdom may be redressed."

lies, which was, by generous spirits, esteemed above all other rewards: we leave it uuto your majesty's prudent consideration of how great inconveniency it is to alter or lessen the value of that reward; which was of so much

"The Reasons alledged by the Lords. 1. "We hold it to be new, and not warranted by any ancient precedents, that sub-honour, and no charge unto your maj, and or jects of this kingdom, whose babitations, estates, and possessions are principally within this your majesty's realm, should have titles of honour in other kingdoms, where they have small or no estates, and do not abide. 2. That it may be cause of great discontentment to your ma jesty's subjects in Ireland, that so great a number of those, who have no estates to oblige them to the defence of that kingdom, should give voices in parliament, there to make laws. As also it may be great danger to that conntry, if times of hazard should come. Which weighty considerations have wrought so far with your majesty's royal predecessors and the whole estate, that an act of parliament was passed, which took away great estates of land in Ireland from some of the noblest families in this kingdom, only in contemplation that their want of resi lence there upon their lands might endanger that kingdom. 3. That it is a great disservice to your maj. and this country, that those who live amongst us, should, by foreign titles, exempt themselves from those services of trust and charge, which others of as good birth and estate here undergo daily; whereby it happeseth often, that either persons of good quality are more frequently burdened, or the charge falls upon them of meaner condition and less ability; not without prejudice to the service, and discontentment to the persons that undergo it, as also of loss to your maj. and grief to your subjects in those places where the honours are given. That although they draw to your maj, creation-money, yet they do not help nor assist there to any necessary charge fr contribution

That it is c

so great contentment and ease unto your peuple: which may be demonstrated in many par ticulars too long now to rehearse.-Further, we hold it in no small degree derogatory to the very foundation of nobility itself, which is the stop and circle that compasseth the royal throne, that those who bear a title, and claim its precedency before many of us, should fall so low in the people's eyes and esteem, as to be daily subject to arrests of their persons, and all other circumstances of disrespect, which the meanest subjects undergo, being in the eye of the law but commoners.-To conclude: this our cause of griet, being, in our opinion, as to the practice of it, new and unusual; in the consequence not without danger and discontentment to your realm, and subjects of all degrees; in the nature of it contrary to the foundation of the grounds of honour laid in this kingdom; and the whole course of it breeding ill effects to the service of your majesty and the public; disvalue and contempt to nobility itself, which is the degree interposed immediately betwixt your maj. and your people: we can no where so justly appeal as to your maj. the fountain of honour, for a timely remedy against this great and growing inconveniency for the present and future. And as your majesty's honour is equally concerned in this with the interest of your kingdoins and sub-. jects; so we doubt not, but it shall appear to the world, that your maj.'s gracious care is to reduce and maintain your nobility in their antient lustre; which shall equally tend to your majesty's service and happiness, and to our

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