ters of Supplies, in cases of necessity, the king printed amongst the statutes of this sess had right to order all, as seemed good to him, But that, before they could come to move t without consent of his people. 2. That the lordships to join with them in desiring the 1 king might require loans of his people, and that all this might accordingly be done, t avenge on such as, should deny. 3. That the were prevented by his majesty's gracious subject hath property of his goods in ordinary; sage to the same effect; of which they h but, in extraordinaries, the property was in the already made an entry in their house. king." And they charged the sad Manwaring commons, therefore, desire that the same 1 with great presumption, to dispute the right of sage may be entered here also; and then the king and liberty of the subject, and the the rest will necessarily follow.-The 2nd || right of the parliaments, in his ordinary ser- of their Message was concerning Dr. M mons.-The Charge being ended, the lord- waring's Book: They said they found his keeper demanded of Dr. Manwaring, Whether jesty's command set upon the first_leaf, he did acknowledge the 3 tenets to be preach- warrant the printing of that book; but t ed by him in his sermons 4th of May: this he this they had cause to suspect, because, tho absolutely denied. Whereupon the clerk read they found those words struck out in the or the examination of H. Clayton, esq. and sir D. nal, they still stood in the printed book. A Norton, knt. who had affirmed some parts there- as they conceive the printer durst not do it w of upon their oaths. Then Dr. M. being admit-out warrant, they therefore desired their c ted to speak for himself, protested before God, upon his salvation, "That he never had any meaning to persuade the king to alter the fundamental laws of the kingdom: his only ends were to do his maj. service; and to persuade a supply in cases of extreme necessity: he desired favour and justice to explain himself; and, because his book consists of many conclusions, that the spiritual lords might be judges of the inferences and logical deductions therein." He further humbly besought their lord- | ships to allow him counsel to speak for him, in point of law; time to answer the particulars; a copy of the Charge in writing; and recourse to his books at home, upon caution to attend again, when their lordships shall appoint.-The prisoner being withdrawn, and, after some debate on his requests, brought to the bar again, the lord-keeper, by direction of the house, blamed him for that he divided his judges; by requiring a part of his Charge against him to be referred to the lords the bishops; whereas the whole matter belongs to all the lords jointly.Then his lordship told him, That the house had considered of his other requests, and granted him these, viz. 1. To have a copy of his Charge. 2. To have time till Friday morning to make his Answer. 3. To have leave to go to his own house, and to abide there with a keeper. And his lordship further told him, That if, upon recollecting himself, he shall desire access to their lordships to-morrow morning, it shall be granted him.

ships to examine by what means this spe command was derived, from his maj. to printer? And when their lordships have for the party, or parties, who gave the warra the commons demand to have him or th punished, with as much severity or more, Manwaring himself.-Answ. "The lords unanimously, agree, That his majesty's s Message for the entering, enrolling, and pri ing of the said Petition and Answer, shall entered here, as is desired: and, as concern the examination who gave the warrant printing of Dr. Manwaring's Book, their lo ships will take it into consideration; and that therein, which shall be fit.”

The same day, upon another Message of commons to the upper house, it was ordered their lordships, That Rd. Badger, who print Dr. Manwaring's Book, be presently broug before their lordships; who, being brought the bar, sworn and examined, answered, Ti Dr. Manwaring, himself, delivered him hist sermons to be printed, with the bishop of Lo don's signification to that effect, under lordship's hand: and that when the book w fully printed, Dr. M. brought the title of said book, written with his own hand, as it now printed. Hereupon the said printer dismissed at this time; and the earl of Ess and the bishop of Lincoln were sent, from t house, to the bishop of London, to understan from his lordship, what authority he had i signifying his majesty's special command f the printing of Dr. Manwaring's Book.

June 12. A Message from the commons, by sir Edw. Coke and others. The message con- June 13. Dr. Manwaring being this d sisted of two parts: The first concerning the brought to the bar before the lords, and a Petition of Right exhibited to his maj, by both mitted to speak for himself unto the Charge houses; that his majesty's Answer thereunto the commons against him, answered in effe had caused an expression of exceeding great as followeth; "First, he shewed that he w joy throughout the whole kingdom: and, that under a great burthen of sorrow and weakne this joy might be made perpetual, to the hon- here to present himself unto their lordship our of the king and comfort of his people, the and then rendered them humble thanks, commons were in consultation amongst them-giving him leave and time to recolleet hims selves, to move their lordships, That the said Petition, with the Answer, might be entered in both houses; that it might be enrolled in all the courts of justice in Westminster hall, for a

before he made his Auswer: and craved favourable interpretation of what he was no to speak. As touching his two sermons Col plained of by the commons, he said, "That

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Dii estis, do warrant no such matter:' and touching his other assertion, that there is no justice but between equals, and not between God and man; the parent and his children; nor between the king and his people; his grace told him, It was impious and false; and that he had thereby drawn an infamy upon us and our religion; and had given an occasion to the Jesuits to traduce us:' and shewed him, "That the scriptures do plainly declare and prove a justice from God to man, from a parent to his children, and from a king to his people:' and further, That, by the laws of God and mau, there was ever a communitive justice between the king and his people, for matter of coins, and a distributive justice for government.' Then putting him in mind of Anasarchis the philosopher, whom the king of Cyprus caused to be brayed in a brazen mortar for his base flattery (as a just reward for all flatterers of princes) he blamed him much for citing of Suarez, and other Jesuits in his sermons: and willed him to read the Fathers, the antient interpreters of the scriptures."

strance of the necessities of the state at that | blasphemy; and that those words in the psalms, time: and that he printed them at his majesty's special command. That the grounds of his bositions, in those two sermons, are in the holy scriptures, and in the interpreters of the criptures, and are not complained of by the commons, but the inferences only, drawn from | hose grounds, are questioned by them. He craved leave to explain himself in two of those positions: The first where he says, That kings partake of omnipotence with God,' he said, hat he meant no more by this than is meant by the holy scriptures, and by the laws of the and for the Psalms say, Dii estis;' and Mr. Calvin saith, Reges a Deo imperium habere, divinam potestatem in regibus residere: herefore to offend against kings he thought it acrilege; and, by the laws of the kingdom, a great image of God is in the king. The other position, which he desired to explain, was ouching the king's justice; where he says, in is second sermon, p. 25. That justice intercedes not between God and man, nor between the prince, being a father, and the people, as Children: he said, "That he meant thereby, that as man cannot requite God, nor the child the father; so the king, being dispenser of God's power, cannot be requited: but his meaning was not, that the king should not have laws. And touching those inferences, made by the commons out of his two sermons complained of, which they impute either to sedition or malice, or to the destroying of the municipal aws of the land, or slighting of parliaments, he protested, before God and his holy angels, that they were never in his thoughts. He only thought to persuade those honourable gentlemen, who refused to conform themselves, to yield a supply unto the present and imminent necessities of the state. And, in the conclusion of his speech, he expressed his great sorrow to be thus accused; and begged pardon and mercy of their lordships, and of the commons, even for God's sake; for the king's sake, whom they so much honoured; for religion's sake; and for his calling's sake; humbly beseeching them to accept of this submission."

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The Archbishop having ended his grave admonition, Dr. Manwaring made a short reply touching his said two assertions: and said, That he denied not justice and law to be betv een king and people; but affirmed that the king's justice could not be requited: and excused himself for citing of Suarez, for in those places he spake for the king.'

The prisoner being withdrawn, the lords considered of their censure against him; and their lordships thought him worthy of severe punishment, for attributing unto the king a participation of God's omnipotence, and an absolute power of government; for his scandalous assertions against parliaments; and for branding those gentlemen, who refused the late Loans, with damnation; but, for that he so deeply protested that he had no intention to seduce the king's conscience; nor to sow sedition be tween his maj. and his people; nor to incense his maj. against parliaments; nor to abrogate the municipal laws, as was objected by the commons; and in regard that the king himself had protested (as was affirmed by some lords of the privy-council) that he understood him not in that sense; and for that his maj.'s gracious Answer unto the Petition of Right exhibited this parliament, hath removed those jealousies, which otherwise the subjects might justly have feared, by the assertions in those sermons: and also for that he, the said Dr. M. had shewed himself very penitent and sorry for the same: their lordships agreed of a milder sentence against him than otherwise they would.-This sentence, being first argued by parts, was afterwards read and assented unto by the general and unanimous vote of the whole house.

This being spoken by Dr. Manwaring, and he willed to withdraw; the lord archbishop of Canterbury, (Dr. Geo. Abbot) called to him to stay; and having desired leave of the house that he might say somewhat unto him, which was granted; his grace then told him, That he might have made some better use of the great favour which they did him, in giving him time to recollect himself before his Answer: but he saw in him (as St. Bernard saith) That there are some men who are miseri sed non miserendi! and that he was sorry to hear such an Answer to the accusation of the commons:' but, God be thanked, the king had now wiped away what was intended by his two sermons: which sermons, his grace said, he both misliked and abhorred, and was sorry that he came Judgment pronounced against Dr. Manonly to extenuate his fault. Touching the par-waring.] June 14. A message was sent to the ticipation, which Dr. M. gave the king with commons, That the lords were ready to proGod, his grace told him, That it was very ceed to judgment against Dr. Manwaring; if

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they, with their Speaker, will come to demand | 12th of June, to this effect, viz. That the bish the same.' Answ. They will come presently.' The lords being in their robes, Dr. Manwaring was brought to the bar by the serjeant at arms; and the commons with their Speaker being come, Mr. Speaker said:" My lords; the knights, citizens, and burgesses, of the commons house of parliament, have impeached before your lordships Roger Manwaring, clerk, doctor in divinity, of divers enormous crimes; for which your lordships have convened him before you, and examined the said offences: and now, the commons have commanded me, their Speaker, to demand Judgment against him for the same."-Then the lord-keeper pronounced the judgment against him in these words, viz.

of London (Dr. Geo. Mountaigne) answer That he received a letter from the bishop Bath and Wells (Dr. W. Laud) the last summ for the printing and publishing of Dr. Manw ing's two Sermons, by his majesty's comman and thereupon his lordship did give way the printing thereof, without further exami tion: and caused these words, Published his Majesty's Special Command,' to be put the front of the said book; that it might app to be printed by his majesty's authority, a not by his lordship's approbation.' Hereup the said bishop of Bath and Wells, being p sent, said, "He could give no sudden Answ unto this report; but acknowledged that wrote the said letter unto the bishop of Lo

that the said two Sermons should be printe which letter, he said, he wrote last summ from Woodstock, when his maj. was ther And the earl of Montgomery affirmed, upon honour, That he was then present at Woo stock, and heard his maj. command the bish of Bath and Wells to cause the said Book to h printed; and that the said bishop desired h maj. to think better of it, for there were ma things therein which would be very distastef to the people.'-The duke of Bucks, also, an the earls of Suffolk and Dorset, protested, o their honours, That they have since heard hi maj. affirm as much.'

"Whereas Roger Manwaring, doctor in di-don, by his majesty's express commandmen vinity, hath been impeached by the house of commons for misdemeanours of a high nature, in preaching two sermous before his maj. in summer last; which are since published in print, in a book intituled, Religion and Allegiance; and in a third sermon preached in the parish church of St. Giles in the Fields, the 4th of May last; and their lordships have considered of the said Dr. Manwaring's Answer thereunto, expressed with tears and grief for his of fence, most humbly craving pardon therefore of the lords and commons: yet nevertheless, for that this can be no satisfaction for the great offences wherewith he is charged by the said declaration, which do evidently appear in the The Commons, at a Conference, complain of very words of the said two sermons, their lord-Commission of Excise.] June 16th. The lord ships have proceeded to judgment against him; and therefore this high court doth adjudge, 1. That Roger Manwaring, doctor in divinity, shall be imprisoned during the pleasure of the house. 2. That he shall be fined at 1000l. to the king. 3. That he shall make such submission and acknowledgment of his offences, as shall be set down by a committee in writing, both here at the bar, and in the house of commons. 4. That he shall be suspended for the term of 3 years, from the exercising of the ministry; and in the mean time a sufficient preaching minister shall be provided out of the profits of his living to serve the cure: this suspension, and this provision of a preaching minister, shall be done by the ecclesiastical jurisdiction. 5. That he shall be disabled for ever to preach at the court hereafter. 6. That he shall be for ever disabled to have any ecclesiastical dignity or secular office. 7. That the said book is worthy to be burnt: and that for the better effecting of this, his maj. may be moved to grant a proclamation to call in the said books, that they may be all burnt accordingly, in London, and in both the universities; and for the inhibiting the printing thereof, hereafter, upon a great penalty. And this is the judginent of the lords."

keeper reported to the lords the effect o a conference, which had been desired by the commons, touching a Commission, dated ultimo Februarii, last past, and granted to severa lords and others, to advise the king how to raise money, by impositions, or other ways, in the nature of Excise. After a short preamble his ldp, commanded the clerk to read the said commission, which being done, he shewed the many inconveniences which the commons ob served therein. What they chiefly stood upon, was, That to raise money by impositions, without consent of parliament, is directly against the liberty of the subject, and trencheth upon the propriety of their goods; contrary to the judgment lately given this parliament, that is, to his majesty's gracious Answer to the Petition of Right. And that the commons did demand that this patent might be damned and cancelled, the enrolment of it vacated, and the warrant also for the great seal to be cancelled: likewise, the commons did further demand, that the projectors and procurers of this Commission might be discovered and proceeded against.-This report being ended, the lords fell into a long debate on the subject of it; at last appointed a special committee to draw up a Message to the king, from their house, for Then the commons departed, and Dr. Man-cancelling the said Commission. waring was sent prisoner to the Fleet.--After this the bishop of Lincoln (Dr. John Williams) reported the Answer of the bishop of London,

the Morroco cone him by the house the

and

Rushworth informs us, That, after granting the Petition of Right, the commons ordered that the grand committees for Religion, Trade,

should sit no

frequent meetings, and serious consultations. And when ye have brought any thing to maturity, ye make report thereof unto us, and advertise us of those things ye shall either resolve upon, or think fit to represent unto us, for the advancement of this great service; which with the greatest affection we can, we recommend to your best care and judgment; whereof ye must not fail, as ye tender our honour, and the safety of our doininions and people and for doing hereof, these presents shall be to you, and every of you, a sufficient warrant and discharge in that behalfe: in witness whereof we have caused these our letters to be made patent. witness ourself, at Westminster, the last day of Feb. in the 3rd year of our reign. Per ipsum Regem."

The Debate relating to the D. of Buckingham renewed.] Rushworth tells us, that the house, having well nigh finished the several particulars of Grievances of most moment, resumed the former motion: to declare who was the Cause of all those evils, which, in a committee of the whole house, was mentioned before. This debate was as hot as ever, and the crimes so frequently objected against the duke, were brought in afresh, as if they had never been proposed in the house. One made a distinction that the duke was the cause of some, and a cause of other Grievances. For the 1st, he instanced in the disaster of the armies, the decay of ports, trade, ships, and mariners. For the 2nd, he instanced in religion. 1st, His mother was a recusant, and a fosterer of recusants. 2ndly, He honours papists by imployments, and papist captains are placed by him. And as for Arminians, York House (then the duke's residence) is a place of consultation for Montague and others, from whence is like to follow innovation in government.—-Another (in pursuit of the argument, that papists were employed by the duke) named Dalbier, as the man who betrayed our men at the Isle of Rhée; where all was carried by the advice of private men, and some ill-affected in religion; that in an ass ult before they came away, 500 men were lost; and in the retreat Dalbier was to make a bridge, which did so intangle them, as they could make no defence: and alf contrary to the advice of the rest of the com

"Charles, by the grace of God, &c. To sir Tho. Coventry, knt. lord-keeper of the great seal of England; to James earl of Malburgh, lord high treasurer of England; Henry earl of Manchester, lord president of our council; Edw. earl of Worcester, lord-keeper of our privy-seal; George duke of Buckingham, lord high admiral of England; Wm. earl of Pembroke, lord-steward of our houshold; Philip, earl of Montgomery, lord-chamberlain of our houshold; &c. greeting. Whereas the present conjuncture of the general affairs of Christendom, and our own particular interest, in giving assistance unto our oppressed allies, and for providing for the defence and safety of our own doininions and people, do call upon us to neglect nothing that may conduce to those good ends: and because monies (the principal sinews of war, and one of the first and chicfest movers in all great preparations and actions) are necessary to be provided in the first place; and we are careful the same may be raised by such ways as may best stand with the state of our kingdoms and subjects; and yet may answer the pressing occasions of the present times: we, tlierefore, out of the experience we have had, and for the trust we repose in your wisdoins, fidelities, and dutiful care of our service; and for the experience you have of all great causes concerning us and our state, both as they have relation to foreign parts abroad; and as to our commonwealth, and people at home, (ye being persons called by us to be of our privy-council) have thought fit, amongst those great and important matters, which so much concern us, in the first and chiefest place, to recommend this to your special care and diligence. And we do hereby authorize and appoint, and strictly will and require you, that, speedily and seriously, you enter into consideration of all the best and spee- Sir Rob. Philips was of opinion to have the diest Ways and Means ye can, for raising of declaration run thus, We conceive the greatMonies for the most important occasions afore-ness and power of the duke of Buckingham is said; which, without extremest hazard to us, the chief cause of all these evils.' We are not our dominions, and people, and to our friends, in a way of charge, but of a remonstrance.— and allies, can admit of no long delay: the same Sir J. Elliot, sir E. Coke, and Mr. Selden were to be done by impositions, or otherwise, as in positive to naine the duke as the Cause of our your wisdoms and best judgments ye shall find evils; for so, said they, He has been already to be most convenient in a case of this inevi- declared in the last parliament; since when, table necessity; wherein form and circumstance the causes are multiplied, and he hath deserved must be dispensed with, rather than the sub-nothing better of the commonwealth.' stance be lost, or hazarded, And herein, our will and pleasure is, that you, or as many of you, from time to time, as can be spared from attendance upon our person, or other our neCessary services, do use all diligence by your VOL. II.

inanders.

Sir H. May put them again in mind of the king's desire, That all personal aspersions might be forborn; that his maj. will take it as an argument of their moderation and judg ment, if they forbear in this.'

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Sir Henry Martin advised, That the Re- | Laud, bishop of Bath and Wells, be named to monstrance be so framed, as to make it passa- be those near about the king who are suspected ble to his majesty's judgment and affection: let to be Arminians, and that they are justly re him be persuaded that it comes from a public puted to be unsound in their opinions tha sense, and not from private ends.' And he way.' vindicated the duke in point of religion. is true (said he) his mother is a Recusant, but never any thing more grieved him, and never did a son use more means than he to convert her, and he hath no power over her; and for his own lady, whom he found not firm in his religion, he hath used means to confirm her. As for Arminians, I have often heard him protest and vow against their opinions. It is true, many that have skill therein may have some credit with him, and make use of his noble nature for their own ends. One particular I know well, that some gentlemen and preachers of great esteem were questioned for a matter, wherein there was some error in the manner, of which they were presented; I told him of them and that they were questioned, and he answered me, He would do the best he could for to countenance them.'

Sir Benj. Rudyard gave his judgment, That if the matter be urged home, it will proclaim the man louder than we can in words. If we name excess of power, and abuse of power, it will reach to the duke, and all others in future times; and to a gentleman of honour, nothing is so dear as sense of honour. I am witness, and do know, that he did many great and good offices to this house. If the forfeiture of my life could breed an opinion, that ye should have no occasion to complain at your next meeting, I would pawn it to you. Nor let any man say, it is fear nakes us desist, we have shewed already what we dare do.'

Sir Thomas Jermin, because the employment of Dalbier had given much offence, stood up in his defence, and said, Ife bad given great evidence of his trust and fidelity. When the count Palatine retired himself, and the council agreed to send a party under count Mansfield to make a head; and the king sent word to the Palatine to be present in person, Dalbier went along with him, with one more; and being in a village in Germany, a troop of 50 horse met them, and Dalbier went to the captain and said, We are in a strait, I will give you so many crowns to conduct us,' which was done, and Dalbier went along with him.

June 13th. It was agreed, upon the question, That the excessive power of the duke of Buckingham, is the cause of the evils and dangers to the king_and kingdom; and that

this be added to the Remonstrance.' But this

circumstance is not mentioned in the Journal of this day, though there is somewhat the next day to that purport.

The commons about this time voted, That Dr. Neile, bishop of Winchester, and Dr.

See the proceedings against this prelate, when bishop of Lincoln, upon a Complaint of the Commons, anno 12 Jac. I. in Vol. 1.

Remonstrance of the Commons against the D of Bucks, as being the Cause of all Grievances. The house being turned again into a com mittce concerning the Remonstrance, Mr. Sel den proposed, That to the excessive power of the duke of Bucks should be added, The abuse of that power:' and since that abuse is the cause of these evils, that it be presented to his maj. to consider whether it be safe for the king and commonwealth, that a man of his power should be so near his maj.' This was ordered accordingly; and all the parts of the Remonstrance being agreed unto, it was perfected to be presented to the king, as follows:

"Most dread Sovereign; As with all humble thankfulness we your dutiful commons, now assembled in parliament, do acknowledge the great comfort which we have in your maj. pious and gracious disposition; so we think it a mect and most necessary duty, being called by your maj. to consult and advise of the great and urgent affairs of this church and commonwealth, finding them at this time in apparent danger of ruin and destruction, faithfully and dutifully to inform your maj. thereof, and with bleeding hearts and bended knees, to crave such speedy redress therein, as to your own wisdom (unto which we most humbly submit ourselves and our desires) shall seem most incet and convenient. What the multitude and potency of your maj.'s enemies are abroad? What be their malicious and ambitious ends? And how vigilant and constantly industrious they are in pursuing the same, is well known to your majesty: together with the imminent dangers threatened thereby to your sacred person and your kingdoms, and the calamities which have already fallen, and do daily increase upon your friends and allies; of which, we are well assured, your maj. is most sensible, and will accordingly, in your great wisdom, and with the gravest and most mature council, according to the exigency of the tines and occasions, provide by all good means to prevent and help the same. To which end we most humbly intreat your maj. first and especially to cast your eyes upon the miserable condition of this your own kingdom; of late so strangely impoverished and dishonoured, that unless, through your maj.'s most gracious wisdom, goodness, and justice, it be speedily raised to a better condition, it is in no little danger to become a sudden prey to the enemies thereof; and from being the most happy and flourishing, to be the most miserable and contemptible nation in the world. In the discoveries of which dangers, mischiefs, and inconveniencies lying upon us, we do freely protest that it is far from our thoughts to lay the least aspersion upon your sacred person, or the least scandal upon your government; for we do, in all sine