in order that those businesses, which were be fore them of greater consequence, might be ex pedited." The King's Message to both Houses to expe dite Business.] The same day a Message from the king was delivered to the commons, by thei Speaker, to this purport: "That his maj. hav ing, upon the Petition exhibited by both houses given an Answer full of justice and grace, for which we and our posterity have just cause to bless him, it is now time to grow to a conclu sion of the session; and therefore his majesty thinks fit to let you know, that as he doth re solve to abide by that Answer, without further change or alteration, so he will royally and really perform unto you what he hath thereby promiscd. And further, that he resolves to end this session upon Wednesday the 11th of this mouth and therefore wisheth, that the house would seriously attend those businesses, which may best bring the session to a happy conclusion without entertaining new matters; and so hus band the time, that his maj. may, with the more comfort, bring us specdily together again. at which time, if there be any further Griev ances, not contained or expressed in the Petition, they may be more maturely considered than the time will now permit.” willingly serve God with somewhat that costs us nought. Believe it, Mr. Pym, he that thinks to save any thing by his religion, but his soul, will be a terrible loser in the end: we sow so sparingly, and that is the reason we reap so sparingly, and have no more fruit. Methinks whosoever hates papistry, should by the same rule hate covetousness; for that is idolatry too. | I never liked hot professions and cold actions, such a heat is rather the heat of a distemper and disease, than of life and saving health. For scandalous ministers, there is no man shall be more forward to have them severely punished than I will be; when salt has lost its savour, fit it is to be cast on that unsavoury place, the dunghill. But, sir, let us deal with them as God hath dealt with us: God, before he made man, made the world, a handsome place for him to dwell in; so let us provide them convenient livings, and then punish them in God's name: but, till then, scandalous livings cannot but have scandalous ministers. It shall ever be a rule to me, that where the church and commonwealth are both of one religion, it is comely and decent that the outward splendour of the church should hold a proportion, and participate with the prosperity of the temporal state; for why should we dwell in houses of cedar, and suffer God to dwell in tin? It was a glorious and re- Declaration of the Commons against Dr. Manligious work of king James, and I speak it to waring.] After the reading of this Message, the his unspeakable honour, and to the praise of house, instead of taking any notice of it, prothat nation; who (though that country be not ceeded with a Declaration against Dr. Manso rich as ours, yet they are richer in their af-waring; which was the same day presented fections to religion) within the space of one year caused churches to be planted through all Scotland, the Highlands and borders, worth 301. a year a-piece, with a house and some glebe belonging to them; which 307. a year, considering the cheapness of the country, and the modest fashion of ministers living there, is worth double as much as any where within 100 miles of London. The printed act and com- "For the more effectual prevention of the mission, whereby it may be executed, I have apparent ruin and destruction of this kingdom, here in my hand, delivered unto me by a noble which must necessarily ensue, if the good and gentleman of that nation, and a worthy mem-fundamental laws and customs, therein estaber of this house, sir Francis Stuart.-To con-blished, should be brought into contempt and clude; alth christianity and religion be established generally throughout this kingdom, yet, until it be planted more particularly, I shall scarce think this a christian commonwealth; seeing it hath been moved and stirred in parliament, it will lie heavy upon parliaments, until it be effected.-Let us do something for God, here, of our own, and no doubt God will bless our proceedings in this place the better for ever hereafter: and, for my own part, I will never give over soliciting this cause as long as parliaments and I shall live together." June 4. The lord keeper delivered a Message to the lords from the king, to this effect: "That his maj. upon many pressing and urgent occasions, had resolved to hasten an end to this session, and prorogue the parliament to a further time; and had appointed Wednesday, the 11th of June, for that purpose: and had the lords at a conference between the committees of both houses: and Mr. Pym was ap pointed by the commons to manage that conference. The Declaration was as follows: "The DECLARATION of the COMMONS against ROGER MANWARING, Clerk, Doctor in Divinity. violated; and that form of government thereby altered, by which it hath been so long maintained in peace and happiness; and to the honour of our sovereign lord the king, and for the preservation of his crown and dignity, the commens in this present parliament assembled, do, by this their bill, shew and declare against Roger Manwaring, clerk, D. D. that whereas, by the laws and statutes of this realm, the free subjects of England do undoubtedly inherit this right and liberty, not to be compelled to contribute any tax, tallage, or aid, or to make any loans, not set or imposed, by common consent, by act of parliament: and whereas divers of his maj.'s loving subjects, relying upon the said laws and customs, did, in all humility, refuse to lend such sums of money, without authority of parliament, as were lately required of them: nevertheless he, the said Roger, in contempt, and coutrary to the laws of this realm, hath veral sermons: that is to say, the 4th of July | last, one of the said sermons; and, the 29th of the same month, the other; both which he has since published in print, in a book entitled Religion and Allegiance; and, with a wicked and malicious intention to seduce and misguide the conscience of the king, touching the observation of the laws and customs of this kingdom, and of the rights and liberties of the subjects; to incense his royal displeasure against his good subjects so refusing; to scandalize, subvert, and impeach the good laws and government of this realm, and the authority of the high court of parliament; to alienate the king's heart from his people, and to cause jealousies, sedition, and division in the kingdom; he, the said Roger doth, in the said sermons and book, persuade his maj. as follows:-1st. That his maj. is not bound to keep and observe the good laws and customs of this realm, concerning the rights and liberties of the subjects aforementioned: and that his royal will and command in imposing loans, taxes, and other aids upon his people, without common consent in parliament, doth so far bind the consciences of the subjects of this kingdom, that they cannot refuse the same, without peril of eternal damnation! 2nd. That those of his majesty's loving subjects, who refused the Loan aforementioned, in such manner as is before cited, dd therein offend against the law of God, and against his majesty's supreme authority; and, by so doing became guilty of impiety, disloyalty, rebellion, and disobedience, and liable to many other censures; which he, in the several parts of his book, doth most falsly and maliciously lay upon them. Srd. That the authority of parliament is not necessary for the raising of ads and subsidies; that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the state, but rather apt to produce sundry impediments to the just designs of princes, and to give them occasion of displeasure and discontent. All which the commons are ready to prove, not only by the general scope of the same sermons and book, but likewise by several clauses, assertions, and sentences therein contained; and that he, the said Roger by preaching and publishing the sermons and book aforementioned, did most unlawfully abuse his holy function, instituted by God in his church, for the guiding of the consciences of all his servants, and chiefly of sovereign princes and magistrates; and for the maintenance of the peace and concord betwist all men, especially betwixt the king and his people; and hath thereby most grievously offended against the crown and dignity of his maj, and, against the prosperity and good government of this state and common-wealth. And the said commons, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter on any other occasion, any impeachment against the said Roger; and also of replying to the answers, which the said Roger shall make unto any of the matters contained in this present bill of Complaint; and of offering further proof of the premisses, or any of them, as the cause, according to the course of parliament, shall require, do pray, that the said Roger may be put to answer to all and every the premisses; and that such proceeding, examination, trial, judgment, and exemplary punishment may be thereupon had and executed, as is agreeable to law and justice." Mr. Pym's Speech in Support thereof.] This Declaration ingrossed in parchment being read, Mr. Pym addressed himself to the lords in this manner; "That he should speak to this cause with more confidence, because he saw nothing to discourage him; if he considered the matter, the offences were of a high nature, and of easy proof; if he considered their lordships, who were the judges, their own interest, their own honour, the example of their ancestors, the care of their posterity, would all be advocates with him, in this cause, on the behalf of the common-wealth; if he considered the king our sovereign, (the pretence of whose service and prerogative might perchance, be sought unto as a defence and shelter for this delinquent) he could not but remember that part of the king's Answer to the Petition of Right of both houses, That his maj, held himself bound in conscience to preserve their liberties,' which this man would persuade him to impeach." He farther said, "that he could not but remember his majesty's love to piety and justice, manifested upon all occasions, and he knew love to be the root and spring of all other passions and affections. A man therefore hates, because he sees somewhat in that which he hates contrary to that which he loves; a man therefore is angry, because he sees somewhat in that wherewith he is angry, that gives impediment and interruption to the accomplishment of that which he loves. If this be so, by the same act of apprehension, by which he believes his majesty's love to piety and justice, he must needs believe his hate and detestation of this man, who went about to withdraw him from the exercise of both." Then he proceeded to that which, he said, was the task enjoined him, ‘To make good every clause of that which had been read unto them; which, that he might the more clearly perform, he proposed to observe that order of parts, into which the said Declaration was naturally dissolved. 1. Of the preanible. 2. The body of the charge, 3. The conclusion or prayer of the commous. preamble cofsisted altogether of recital; 1. Of the inducements upon which the commons undertook this complaint. 2. Of those laws and liberties, against which the offence was committed. 3. Of the violation of those laws which have relation to that offence.--From the connection of all these recitals, he said, there did result 3 positions, which he was to maintain as the ground-work and foundation of the whole cause. 1. That the form of government in any state, could not be altered without apparent danger of ruin to that state. law of England, whereby the subject is exempt The 2. The which, by the municipal law, is require 2nd, If they would consider the importuniti that often may be urgent and pressing nece sities of state that cannot stay without certa and apparent danger, for the motion and rev lution of so great and vast a body as such asser blies are; nor yet abide their long and pausi deliberation when they are assembled, n stand upon the answering of those jealous an over-wary cautions and objections made some; who, wedded over-much to the love epidemical and popular errors, and bent cross the most just and lawful designs of the wise and gracious sovereign, (and that unde the plausible shews of singular liberty an freedom) would, if their conscience might speal appear nothing more than the satisfying eithe of private humours, passions, or purposes.'Here Mr. Pym observed, he needed not dra any argument or conclusions from these places the substance of the Charge appearing suffi ciently in the words themselves and to the third Article he fixed two other of these si characters of malice, viz. That it is his wicke intention to avert his majesty's mind from call ing of parliaments, and to cause jealousies seditions and divisions in the kingdom; which he enforced thus: if parliaments, saith he, be taken away, mischiefs and disorders must needs abound, without any possibility of with Turks and Jews, in the second sermon, (p. 47.) What a paradox is this? What a Turk will do for a Christian, and a Christian for a Turk, and a Jew for both, &c. much less should Christian men deny the same to a Christian king.'-The third comparison is with Corah, Dathan, and Abiram, Theudas, and Judas, which is taken ont of the second sermon, (p. 49.) where he labours to deprive of all merit in Christ's sufferings those who refused this loan. Corah, Dathan, and Abiram, whom, for their murmurings, God suddenly sunk into hell fire, might as well alledge their sufferings had some resemblance with that of the three children in the Babylonian furnace; and Theudas and Judas, the two incendiaries of the people in the days of Cæsar's tribute, might as well pretend their cause to be like the Maccabees. Thus Mr. Pym ended the 2nd Article of the Charge, upon which he said, were imprinted other two of these six characters of malice formerly vented; i. e. A wicked intention to increase his majesty's displeasure against his good subjects so refusing, and to alienate his heart from the rest of his people both which were points so odious, that he needed not to add any further inforcement or illustration.-The third Article contained three Clauses. 1. That the authority of parliament is not necessary for the raising of Aids and Subsidies. 2. That the slow proceed-good laws to reform them; grievances will ings of such assemblies are not fit to supply the urgent necessity of the state. 3. That parliaments are apt to produce sundry impediments to the just designs of princes, and give them occasion of displeasure and discontent.For proof of all these positions, Mr. Pym alledged two places, containing the two first of those six considerations, which are propounded by the doctor to induce the refusers to yield to the loan, in his first sermon, (p. 26, 27.) 1st. If they would please to consider, that though such assemblies, as are the highest and greatest representations of a kingdom, be most sacred and honourable, and necessary also to those ends to which they were at first instituted; yet know we must, that they were not ordained to this end, to contribute any right to kings, whereby to challenge tributary aids and subsidiary helps; but for the more equal imposing, and more easy exacting, of that which unto kings doth appertain by natural and original law and justice, as their proper inheritance annexed to their imperial crowns from their birth. And therefore, if, by a magistrate that is supreme, upon necessity extreme and urgent, such subsidiary helps be required, a proportion being held respectively to the ability of the persons charged; and the sum and quantity so required surmount not, too remarkably, the use and charge for which it was levied; very hard would it be for any man in the world, that should not accordingly satisfy such demands, to defend his conscience from that heavy prejudice of resisting the ordinance of God, and receiving to himself damnation; though every of those circumstances be not observed, all daily increase, without opportunities or means part friars and Jesuits; and from his fraud and shifting, in citing even those authors to purposes quite different from their own meanings. Touching which it was presumed, that most of his places are such as were intended, by the authors, concerning absolute monarchies, not regulated by laws or contracts betwixt the king and his people: and, in answer to all authorities of this kind, were alledged certain passages of a speech from our late sovereign king James, to the lords and commons at Whitehall, 1609, viz. In these our times, we are to distinguish betwixt the state of kings in their first original; and between the state of settled kings and monarchs, that do at this time govern in civil kingdoms, &c. Every just king, in a settled kingdom, is bound to observe the paction made to his people by his laws, in framing his government agreeable thereunto, &c. All kings that are not tyrants or perjured will be glad to bound themselves within the limits of their laws; and they that persuade them to the contrary are vipers and pests, both against them and the common-wealth.' It was secondly observed, that (in the p. 27 of his first sermon) he cites these words,Suarez de Legibus, lib. v. c. 17. Acceptationem populi non esse conditionem necessariam, ex vi juris naturalis aut gentium, ncque ex jure communi.' The Jesuit adds, 'neque ex antiquo jure Hispaniæ;' which words are left out by the doctor, lest the reader might be invited to enquire what was antiquum jus Hispaniæ;' though it might have been learned, from the same author, in another place of that work, that about 200 years since, this liberty was grant are in effect fruitless and vain.'-The first particular Answer applied to that limitation of argent necessity, was taken from the case of Normandy; as it appears in the commentaies of Guiliam Jeremie, upon the customary aws of that duchy: they having been oppressed with some grievances, contrary to their franchise, made their complaint to Lewis X. who by his charter, in 1314, acknowledging the ght and custom of the country, and that they ad been unjustly grieved, did grant and proside, That, from thence-forward, they should be free from all subsidies and exactions, to be mposed by him and his successors; yet with his clause, Si necessitie grande ne le requiret'; which small exception hath devoured all these immunities: for though these states meet every year, yet they have little or no power left, but to agree to such levies as the king will please to make upon them.'-The second particular Answer applied to the limitation and diminution of this power, which may be pretended to be made by this word,' 'circumstance', (as if he did acknowledge the king to be bound to the substance of the law, and free only in regard of the manner) was this, That, if the places be observed, it will appear, that he intends, by that word, The assembly of parliaments, and assent of the people for such contribution, which is the very substance of the right and liberty now in question. The circumstances of aggravation, observed to be annexed to this cause, were these: the first, from the place where these sermons were preached; the court, the king's own family, where such doctrine was before so well believed that no man needed to the people by one of the kings, that ed to be converted. Of this there could be no tribute should be imposed without their conno end, but either simoniacal, by flattery and And this author adds further, that, afsoothing to make way for his own preferment; ter the law introduced and confirmed by custom, or else extremely malicious, to add new afilic- the king is bound to observe it.' From this tions to those who lay under his majesty's place Mr. Pym took occasion to make this short wrath, disgraced and imprisoned; and to en- digression,That the kings of Spain being large the wound, which had been given to the powerful and wise princes, would never have laws and liberties of the kingdom. The second parted with such a mark of absolute royalty, was from the consideration of his holy function: if they had not found in this course more adhe is a preacher of God's Word; and yet he vantage than in the other: and the success and had endeavoured to make that, which was the prosperity of that kingdom, through the valour only rule of justice and goodness, to be the and industry of the Spanish nation, so much adwarrant for violence and oppression. He is a vanced since that time, do manifest the wisdom messenger of peace, but he had endeavoured of that change.-The third observation of to sow strife and dissension, not only amongst fraud, in perverting his authors, was this, 'The private persons, but even betwixt the king and doctor cites (p. 20 of his first sermon) these his people, to the disturbance and danger of words out of the same Suarez, de Legibus, Lib. the whole state: he is a spiritual father, but v. cap. 15. fol. 300. Tributa esse maxime like that evil father in the gospel, he hath given naturalia, & præ se ferre justitiam, quia exigunhis children stones instead of bread; instead tur de rebus propriis;' this he produceth in proof of flesh he hath given them scorpions. Lastly, of the just right of kings to lay tributes. And he is a minister of the church of England, but no man, that reads it, doubts, but that, in the be hath acted the part of a Romish Jesuit; opinion of Suarez, the king's interest and prothey labour our destruction, by dissolving the perty in the goods of his subjects is the ground oath of allegiance taken by the people; he of that justice; but the truth is, that Suarez, doth the same work, by dissolving the oath of in that chapter, had distributed tributes into protection and justice taken by the king. A divers kinds, of which he calls one sort, Tribu third point of aggravation was drawn from the tum reale, and describes it thus, Solent ea quality of those authors, upon whose authority vocari pensiones quædam, qua penduntur regi he doth principally rely, being for the most bus & principibus ex terris & agris, que à sent. principio, ad sustentationem illorum applicata | tute of West. I. touching the spreading of n fuerunt; ipsi vero in feodum in aliis ea donarunt whereby discord and scandal might grow sub certa pensione annua, quæ, jure civili, twixt the king and his people. In 10 Edw. canon appellari solet, quia certa regula & lege proclamation went out to arrest all them præscripta erat: so that the issue is, That this, had presumed to report, that the king w which Suarez affirms for justification of one lay upon the wools certain sums besides kind of tribute, which is no more than a fee- antient and due customs; where the king farm, or rent, due by reservation in the grant these reports, Exquisita mendacia, &c. of the king's own lands, the doctor herein, non tantum in publicam læsionem, sed worse than a Jesuit, doth wrest to the justifi- nostrum cedunt damnum, & dedecus man. cation of all kinds of tribute exacted by impo- tum.'-In 12 Edw. III. the king writes to sition upon the goods of the subjects, wherein abp. of Canterbury, excusing himself for se the king had no interest or property at all. impositions which he had laid, professing The last aggravation was drawn from his beha- great sorrow for it; desires the abp. by viour since these sermons preached, whereby | dulgences and other ways, to stir up the pec he did continue still to multiply and increase to pray for him, hoping that God would ena his offence; yea, even since the sitting of him, by some satisfactory benefit, to m and his being questioned in parliament upon amends, and comfort his subjects for those p the 4th of May last, he was so bold, as to pub- sures. To these temporal precedents he ade lish the same doctrine in his own parish church an ecclesiastical precedent out of a book cal of St. Giles; the points of which sermons are Pupilla Oculi,' being published for the these: That the king had right to order all, as struction of confessors, in which all the artic to him should seem good, without any man's of Magna Charta are inserted with this dir consent. That the king might require, in time tion, hos articulos ignorare non debe of necessity, aid; and if the subjects did not quibus incumbit confessiones audire, in supply, the king might justly avenge it. That provinciam Cantuariensem'. He likewise the property of estates and goods was ordinari- membered the proclamation, 8 Jacobi, ly in the subject; but extraordinarily, that is, the calling in and burning of Doctor Cowe in case of the king's need, the king hath right Book, for which these reasons are give to dispose them.'-These assertions in that For mistaking the true state of the parl sermon, he said, would be proved by very ment of the kingdom, and fundamental co good testimony; and therefore he desired the stitution and privileges thereof: for speaki lords, that it might be carefully examined; irreverently of the common law, it being a thi because the commons held it to be a great utterly unlawful for any subject to speak or wr contempt offered to the parliament, for him to against that law under which he liveth, and maintain that so publickly, which was here which we are sworn, and resolve to maintain questioned. They held it a great presumption From these precedents he collected, that it to for a private divine to debate the right and mer parliaments were so careful of false r power of the king; which is a matter of such a mours and news, they would have been mu nature as to be handled only in this high court, more tender of such doctrines as these, whic and that with moderation and tenderness. And might produce great occasions of discord b so he concluded that point of aggravation.- twixt the king and his people.-If those, w Lastly, He produced some such precedents as reported the king would lay impositions, an might testify what the opinion of our ancestors break his laws, were thought such heinous o would have been, if this case had fallen out in fenders, how much more should the man t their time and herein, he said, he would con- condemned, who persuaded the king he is no fine himself to the reigns of the first three Ed- bound to keep those laws? If that great kir wards, two of them princes of great glory: He was so far from challenging any right in th began with the eldest, West. I. c. 34. By kind, that he professed his own sorrow and re this statute, 3 Edw. I. provision was made pentance for grieving his subjects, with unlaw against those who should tell any false news or ful charges; if confessors were enjoined to fram device, by which any discord or scandal may the consciences of the people to the observance arise betwixt the king, his people, and great of these laws, certainly such doctrine, an men of the kingdom. By 27 Edw. I. it was such a preacher as this, would have been hel declared by the king's proclamation, sent into most strange and abominable in all thos all the counties of England, that they that re- times?'-The third general part was the con ported that he would not observe the Great clusion or prayer of the commons, which con Charter, were malicious people who desired to sisted of 3 clauses. 1. They reserved to them put trouble and debate betwixt the king and selves liberty of any other accusation; and fo his subjects, and to disturb the peace and good this, he said, there was great reason, that a estate of the king, the people, and the realm. the doctor multiplied his offences, so they ma In 5 Edw. II. H. de Beamond, for giving the renew their accusations. 2. They save to them king ill counsel against his oath, was put from selves liberty of replying to his Answer, for the council, and restrained from coming into they had great cause to think that he, whe the presence of the king under pain of confis- would shift so much in offending, would shif cation and banishment. By 19 Edw. II. com |