they ought to yield passive obedience; and in all other cases they were bound to active obedience. The other affirmed, that the Kings royal command in imposing of loans and taxes, though without common consent in Parliament, did oblige the subjects conscience upon pain of eternal damnation. Which position being entertained by the court with applause, the sermon of Dr. Sybthorp, called Apostolick Obedience, was licensed and approved of by Dr. Laud B. of London; and an express command was sent from the King to Archbishop Abbot to license it, which he refused, whereupon having been under some disfavour before, this increased it, and he was suspended from his Archiepiscopal See, and a commission was granted to five Bishops to execute his office: after which the Bishop published a narrative of the cause and manner of his suspension.

Five of those gentlenen who were imprisoned about the loan, had their Habeas Corpus granted, and were brought to their trial before Sir Nicholas Hyde, Lord Chief Justice; where, after arguing the case between Council on both sides, the Lord Chief Justice concluded, that since they were committed by the King's authority, the court could not free them; so that they were remanded to prison, till the order came out for a general release.

The Irish Papists, in hope of some remission of the penal laws, offered to furnish the King at their own charge with a standing Army 5000 Foot and 500 Horse, and a large contribution for securing the Narrow Seas, which was opposed in England by Sir John Savil, and in Ireland by the Lord Primate of Armagh and divers others, as tending to preserve the Papists interests, and sinking the Protestants; upon which the Lord Deputy moved the Primate to endeavour to prevail with the Protestants to supply the King's necessities; which he attempted to do in a very learned speech, though not with the expected success.

In 1627, being the third year of his Majesty's Reign, the Duke of Buckingham, to clear his reputation, as to the charge of Neg ligence in his Admiralship, with much ado compleated his naval forces, consisting of six thousand horse and foot in ten ships royal, and ninety merchant-men; with which he set sail from Portsmouth, June 27, and published a manifesto of the King's affection to the reformed Churches in France, and his displeasure against the last misemploying of his ships against the Rochellers. But by several accidents this great design miscarried, with the death of near two thousand common soldiers, thirty prisoners of note, and forty-four colours taken: but notwithstanding this expedition in the isle of

Rhee miscarried, yet at sea there was somewhat better success; a great French ship was taken upon the coasts of Holland, laden with great guns, arms, and ammunition of all sorts, to a very considerable value; Sir John Pennington likewise took thirty four rich French merchant men, homeward bound, which were all safely brought to England; the poor remains of the army which came from the Isle of Rhee, most of them Irish and Scots, and consequently rude and boisterous, were quartered in the country villages; which was very troublesome to the people.

At this time the Exchequer was very low, and several late enterprizes having miscarried, the Rochellers being also now more distressed than ever, the cause of these evils were gravely represented by Sir Robert Cotton to several of the lords of the council; whereupon it was resolved on by the council, that a parliament should be called, and writs were presently issued out; a commission likewise passed under the great seal, for raising monies through the kingdom in nature of an excise; and the Lord Treasurer was ordered to pay thirty thousand pounds to Philip Burmelack, a Dutch merchant, to be returned, to Sir William Balfour and John Dalbier in the Low Countries, for raising a thousand horse; which caused strange jealousies and suspicions among the people, as if these German horse were designed to inforce the payment of the excise. There was some discourse about levying ship-money, but it was declined at that time, because of the parliament approaching.

In the mean time, a company of Jesuits were apprehended in an house at Clerkenwell, which was designed for a College of that order; where among other papers a letter was found, discovering the secret designs they had laid for embroiling church and state.

Upon the 17th of March 1627, the parliament assembled, the Commons chusing Sir John Finch, speaker; the King in a speech tells the two houses, that the greatness of the danger was such, as required a speedy supply, and that therefore they might rest assured it was the principal cause of their meeting; wherein he hoped they would shew themselves such true patriots of the true religion, the laws and liberties of this state, and the just defence of their friends and allies, now in hazard by Popish enemies, as not to deceive his expectations, which were very great, though indeed somewhat nipt, by remembrance of the distractions of the last meeting. The Lord Keeper likewise inforced the King's speech, and earnestly pressed them to consider of some speedy way for supplying his Majesty's necessities.

C

Before the parliament began any debate, a letter came to them directed, To the Members of the House of Commons, called A Speech without Doors; discovering grievances and inconveniences of the state, from one who had been a member of the former parliament. The first thing taken into consideration by the Commons, was the grievances of the kingdom, and the first thing insisted on was the case of those gentlemen for refusing the loan, and who notwithstanding their Habeas Corpus, were remanded back to prison; and after a long debate between several members, who asserted the illegality of the loan, and also their imprisonment for refusing it; the Lord Chief Justice Hyde and several other judges were desired to declare themselves; who justified their own proceedings, alledging that if they had granted them bail upon Habeas Corpus, it would have reflected on the King, as if he had unjustly imprisoned them: but in conclusion it was resolved upon the question in the house of commons, nemine contradicente: 1. That no man ought to be restrained by the command of the King or privy council; without some cause of the commitment. 2. That the writ of Habeas Corpus ought to be granted upon request to every man that is restrained, though by the command of the King, the privy council, or any other. 3. That if a freeman be imprisoned by command of the King, the privy council or any other, and no cause of such commitment expressed, and the same be returned upon an Habeas Corpus granted for the said party, then he ought to be delivered or bailed.

Then the parliament proceeded to draw up a petition against Popish recusants, consisting of these particulars. 1. That all laws and statutes against Jesuits and Popish priests, be put in power and execution. 2. That a strict course be taken for apprehending and discovering of them. 3. That all Popish recusants be prohibited from coming to court, or within ten miles of London. 4. That no place of trust or authority shall be committed to Popish recusants; with several other particulars to the same purpose; which petition was presented from the Lords and commons to the King by the Lord Keeper, who gave a full and satisfactory answer to every article; after which five subsidies were granted to the King, which gave so great satisfaction to his Majesty, that he sent them word, He would deny them nothing of their liberties which any of his predecessors had granted: a petition was then presented against quartering of soldiers in the countries, to which the King promised an answer in convenient time; whereupon the commons fell upon the memorable petition of right, and after several of the members had delivered their opinions at large concern

ing some clauses in it, the Lords agreed that without any addition or preface it should be presented to the King; the substance whereof

was:

1. They do pray his excellent Majesty, that no man hereafter be compelled to make or yield any gift, 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 to be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof. 2. That no freeman be taken or imprisoned or be diseized of his freehold of liberty, or his free customs, or be outlawed, or exiled, but by the lawful judgment of his Peers, or by the laws of the land. 3. That your Majesty would be pleased to remove the soldiers and mariners now billeted in several counties; and that your people may not be so burdened for the time to come. 4. That the late commissions for proceeding by martial law, may be revoked and annulled, and that hereafter no commission of like nature may issue forth to any person or persons whatsoever, to be executed, lest by colour of them, any of your Majesty's subjects be destroyed, or put to death contrary to law, and the franchises of the law.

All which we most humbly pray your most excellent Majesty as their rights and liberties according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that all awards, doings, or proceedings, to the prejudice of your people, shall not be drawn hereafter into consequence and example.

After this there came a letter from the King to the House of Lords, wherein among other things his Majesty declared it to be his royal pleasure, which God willing he would ever continue and constantly maintain; That neither he, nor his privy council, should or would hereafter, command to prison, or otherwise restrain the persons of any for not lending money, nor for any cause which in his conscience did not concern the public good; nor would he be drawn to pretend any cause, wherein his judgment was not fully satisfied.

This, Sir Thomas Wentworth (afterwards Earl of Strafford) said, was a letter of grace, but that the people were not satisfied but by a parliamentary way, that the debate would spend much time, that it was not directed to the House of Commons, and that the petition itself would rectify all mistakes. When the petition of right was presented to the King, the answer following was quickly returned; the King willeth that right be done according to the law, and customs of the realm; and that the statues be put in due execution, that his

subjects may have no cause to complain of any wrong or oppression, contrary to their just rights and liberties; to the preservation whereof he holds himself in conscience as well obliged, as to that of his prerogative.

This answer being read in the House of Commons, was not judged satisfactory; and therefore upon their humble petition for a clear and satisfactory answer to the petition of right, his Majesty to shew how free and candid his concessions were to his subjects, sent them this short but full answer; "soit droit fait come il est desire," let it be done according to your desire. Which answer was received with general joy and satisfaction of both houses; and the citizens made bonfires, and rung bells, and his Majesty for further satisfaction was pleased to receive into favour Abbot, Archbishop of Canterbury, Bishop Williams, and several others: his Majesty likewise suffered the commision of loan and excise to be cancelled in his presence, so that all discontents of of every side seemed to be banished.

In 1628, the fourth year of his majesty's reign, the parliament not being satisfied of their former disappointment about the Duke of Buckingham, drew up another remonstrance against him, and likewise against Bishop Neal, and Bishop Laud, which they presented to the King with the bill of subsidies; his majesty telling them, that he expected not such a return for his favorable answer to the petition of right, and as for the grievances he would take time to consider of them.

An information being likewise, exhibited against the Duke in the Star Chamber, for divers offences and misdemeanors, an order was made in that court, that all proceedings thereupon should be taken off the file, by the King's express will, and pleasure: and because it had been reported by a member of parliament, that the Duke should say at his table, pish, it matters not what the parliament doth, for without my leave and authority, they shall not be able to touch the hair of a dog: The Duke made protestations in the house of Lords, that he never had those words so much as in his thoughts. But the King being resolved to hold up the Duke, sent so brisk an answer to their remonstrances as provoked the Commons (who had soon forgot his majesty's late Act of Grace) to question his taking tunnage and poundage; which being of too valuable consideration to be hazarded, his majesty obviated by adjourning the parliament to the 20th of October; there being several acts passed by them, one about the Lord's day, another to restrain the sending any to be popishly bred beyond the seas, another for confirma tion of the subsidies granted by the Clergy, and for the grant of five entire subsidies upon the temporality, and divers more.