to his duty To this Sir Thomas Darnell replied That such words never came into his thoughts And did humbly pray they might make no impression upon the Court to the disparagement of his Cause for he was accused of that he was in no manner guilty of Upon which Sir Nicholas Hide Chief Justice said That he had made a fair and temperate Answer And you may perceive said the Chief Justice the upright and sincere proceedings which have been in this business You no sooner moved for a Habeas Corpus but it was granted you you no sooner desired Council but they were assigned you though any Council might move for you without being assigned and should have had no blame for it The Kings pleasure is his Law should take place and be executed and for that do we sit here And whether the Commitment be by the King or others this Court is the place where the King doth sit in person to do right if injury be done And we have power to examine it and if it appear that any man hath wrong done him by his Imprisonment we have power to deliver and discharge him if otherwise he is to be remanded by us to Prison again And the Attorney-General after the Chief Justice had spoken said Though this be a Case which concerns the King in an high degree yet he hath been so gracious and so just as not to refuse the Examination and Determination thereof according to the Laws of the Kingdom Then the Court proceeded to hear the Arguments made in the Prisoners behalf Mr. Noy argued for Sir Walter Earl Serjeant Bramston for Sir Iohn Heveningham Mr. Selden for Sir Edward Hampden Mr. Calthrop for Sir Iohn Corbet who were all assigned of Council with the Prisoners by the Court of Kings-Bench upon a Petition delivered by them to that purpose After they had argued Mr. Attorney had a day appointed to argue for the King It is not our intention to take up the Readers time with the Arguments at large either by the one side or the other We shall only hint unto you some generals chiefly concerning the form of the Return of the Writ The first Exception taken by the Council for the imprisoned Gentlemen was to the form of the Return 1. For that the Return is not positive but referred to the signification made by another by the Lords of the Council 2. The Keepers of the Prisons have not return'd the Cause of the Commitment but the Cause of the Cause which they held not to be good 3. That the Return of the Commitment is imperfect for that it sheweth onely the Cause of the detaining in Prison and not the Cause of the first Commitment Lastly That the Return is contradictory in it self For that in the first part thereof it is certified that the detaining of those Gentlemen in Prison is per speciale mandatum Domini Regis And when the Warrant of the Lords of the Council is shewn it appeareth that the Commitment is by the command of the King signified by the Lords of the Council The second general Exception was to the matter of the Return and that was touching the Imprisonment per speciale mandatum Domini Regis by the Lords of the Council without any Cause expressed Wherefore said Mr. Selden by the constant and setled Laws of this Kingdom without which we have nothing no man can be justly imprisoned either by the King or Council without a Cause of the Commitment and that ought to be expressed in the Return The Law saith expresly No Free-man shall be imprisoned without due Process of the Law Nullus liber homo capiatur vel imprisonetur nisi per legem terrae c. And in the Charter of King Iohn there are these words Nec eum in carcerem mittimus We will not commit him to Prison that is The King himself will not This right said Serjeant Bramston is the onely means that a Subject hath whereby to obtain his Liberty and the end of it is to return the Cause of the Imprisonment that it may be examined in this Court whether the parties ought to be discharged or not Which cannot be done upon this Return for the Cause of the Imprisonment is so far from appearing particularly by it that there is no Cause at all expressed And the Writ requires that the Cause of the Imprisonment should be returned and the Cause ought to be expressed so far as that it ought to be none of those Causes for which by the Laws of the Kingdom the Subject ought not to be imprisoned and it ought to be expressed that it was by Presentment or Indictment or upon Petition or Suggestion made unto the King For said he observe but the consequence If those Gentlemen who are committed without any Cause shewn should not be bailed but remanded the Subjects of the Kingdom may be restrained of their Liberty for ever and by Law there can be no remedy We shall not reflect upon the present time and Government but we are to look what may betide us in time to come hereafter The Laws are called the great Inheritance of every Subject and the Inheritance of Inheritances without which we have nothing that deserves the name of Inheritance If upon a Habeas Corpus a Cause of Commitment be certified then said Mr. Noy the Cause is to be tryed before your Lordships but if no Cause be shewn the Court must do that which standeth with Law and Justice and that is to deliver the party The Commons did complain in Ed. 3. his time that the great Charter and other Statutes were broken They desired that for the good of himself and his people they may be kept and put in execution and not infringed by making any Arrest by special command or otherwise And the Answer which was given them was this That the said great Charter and other Statutes should be put in execution according to the Petition without disturbance of Arrests by special command And the King granteth the Commons desire in the same words as they were expressed in their Petition And afterwards complaining again That notwithstanding this Answer of the King they were imprisoned by special command without Indictment or other legal course of Law The Kings Answer was upon another Petition unto him That he was therewith well pleased And for the future he added further If any man be grieved let him complain and right shall be done And forasmuch as it doth not appear to the Court that there was any Cause of the Commitment of these Members no Charge against them no Indictment or Process according to the Laws Wherefore Mr. Noy prayed they might be no longer detained in Prison but be bailed or discharged Admit the Commitment of the Command of the King was lawful yet said Mr. Calthorp when a man hath continued in prison a reasonable time he ought to be brought to answer and not to continue still in prison without being brought to answer For that it appeareth
propriety in my own house and not liberty in my person Perspicuè vera non sunt probanda The King hath distributed his Judicial power to Courts of Justice and to Ministers of Justice it is too low for so great a Monarch as the King is to commit men to Prison and it is against Law that men should be committed and no cause shewed I would not speak this but that I hope my Gracious King will hear of it yet it is not I Edw. Cook that speaks it but the Records that speak it we have a National appropriate Law to this Nation diversis ab orbe Brittannis I will conclude with the Acts of the Apostles chap. 25. It is against reason to send a man to Prison and not to shew the cause It is now time to go to the Question Resolved upon the Question Nemine contradicente I. That no Freeman ought to be detained or kept in Prison or otherwise restrained by the command of the King or the Privy-Council or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained II. That the Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or detained in Prison or otherwise restrained though it be by the command of the King the Privy-Council or any other he praying the same III. That if a Freeman be committed or detained in prison or otherwise restrained by the Command of the King the Privy-Council or any other no cause of such Commitment Detainer or Restraint being expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a Habeas Corpus granted for the said Party then he ought to be delivered or bailed And then taking into consideration the Property of the Subject in his Goods they came to this Resolution to which there was not a Negative viz. That it is the antient and undubitable right of every Freeman That he hath a full and absolute Property in his Goods and Estate that no Tax Tallage Loan benevolence or other like charge ought to be commanded or levied by the King or any of his Ministers without common consent by Act of Parliament Wednesday March 26. The Propositions tendred the day before by Secretary Cook from his Majesty were now received and read but the Debate thereof was referred to another day The Propositions were these viz. 1. To furnish with men and Victuals 30 ships to guard the narrow Seas and along the Coasts 2. To set out ten other ships for the relief of the Town of Rochel 3. To set out ten other ships for the preservation of the Elbe the Sound and Baltick-Sea 4. To leavy Arms Cloth Victual pay and transport an Army of 1000. Horse and 10000. Foot for Forein Service 5. To pay and supply 6000 l. more for the service of Denmark 6. To supply the Forts of the Office of Ordnance 7. To supply the Stores of the Navy 8. To build 20 ships yearly for the increase of the Navy 9. To repair the Forts within the Land 10. To pay the arrears of the Office of Ordnance 11. To pay the arrears of the Victuallers Office 12. To pay the Arrear of the Treasure of the Navy 13. To pay the Arrears due for the freight of divers Merchants ships imployed in his Majesties Service 14. To provide a Magazine for Victuals for Land and Sea-service And the Commons having a Conference with the Lords about the Petition against Recusants Secretary Cook was appointed to manage the said Conference In the first place he said we acknowledge all due honor both unto the reverend Fathers of the Church and to our Noble Lords in that ye have shined before us as worthy Lights in the encouragement and maintenance of true Religion being the true support of all Dignities and Honors And this forwardness of you is the more remarkable when that viperous Generation as your Lordships justly stiled them do at ease with tooth and nail essay to rend the Bowels of their Mother Give me leave to tell you what I know that these now both vaunt at home and write to their friends abroad They hope all will be well and doubt not to prevail and to win ground upon us And a little to awake the Zeal and Care of our learned and grave Fathers it is fit that they take notice of that Hierarchy which is already established in competition with their Lordships for they have a Bishop consecrated by the Pope This Bishop hath his Subalternate Officers of all kindes as Vicars-General Arch-Deacons Rural-Deans Apparators and such like neither are these nominal or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdom keep Courts and determine Ecclesiastical Causes And which is an Argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntio's and Cardinals both at Bruxels and in France Neither are the Seculars alone grown to this height but the Regulars are more active and dangerous and have taken deep root they have already planted their Societies and Colledges of both Sexes they have setled Revenues Houses Libraries Vestments and all other necessary provisions to travel or stay at home nay even at this time they intend to hold a concurrent Assembly with this Parliament But now since his Sacred Majesty hath extended his Royal arm and since the Lords of his Council have by their Authority caused this nest of Wasps to be digged out of the Earth and their Convocations to be scattered And since your Lordships joyn in courage and resolution at least to reduce this people to their lawfull restraint that they may do no more hurt we conceive great hope and comfort that the Almighty God will from henceforth prosper our endeavors both at home and aboad But now my Lords to come to the chief Errand of this our meeting which is to make known to you the Approbation of our House of that Petition to his Majesty wherein you are pleased to request our concurrence The House hath taken it into serious consideration and from the beginning to the end approve of every word and much commend your happy pen onely we are required to present unto you a few Additions whereby we conceive the Petition may be made more agreeable to the Statutes which are desired to be put in execution and to a former * Petition granted by his Majesty Recorded in both Houses confirmed under the Broad-Seal of England and published in all our Courts of ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them onely as our advice and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not finde this Reason to be of weight This
yet acknowledged that the seven Statutes urged by the House of Commons are in force yet said that some of them are in general words and therefore conclude nothing but are to be expounded by Precedents and some of them are applied to the suggestion of Subjects and not to the Kings command simply of its self and that per legem terrae in Magna Charta cannot be understood for process of Law and original Writs for that in Criminal proceedings no original Writ is usual at all but every Constable either for Felony or breach of the Peace or to prevent the breach of the Peace may commit without Process or original Writ it were very hard the King should not have the power of a Constable They also argued That the King was not bound to express the cause of Imprisonment because there may be in it matter of State not fit to be revealed for a time lest the confederates thereupon make means to escape the hands of Justice Besides that which the Commons do say that the party ought to be delivered or bailed is a contradiction in its self for bayling doth signifie a kinde of Imprisonment still Delivery is a total freeing And besides bayling is a grace or favor of a Court of Justice and they may refuse to do it To this it was replyed That the Statutes were direct in Point and though some of them speak of suggestions of the Subjects yet they are in equal reason a commitment by command of the King as when the King taketh notice of a thing himself And for the words per legem terrae original Writs onely are not intended but all other legal process which comprehendeth the whole proceedings of the Law upon Cause other then trial by Jury and the course of the Law is rendred by due process of the Law and no man ought to be imprisoned by special command without indictment or other due process to be made by the Law And whereas it is said there might be danger in revealing the Cause that may be avoided by declaring a general Cause as for Treason suspicion of Treason misprision of Treason Felony without expressing the particulars which can give no greater light to a confederate then will be conceived upon the very apprehension upon the imprisonment if nothing at all were expressed And as for the bayling of the party committed it hath ever been the discretion of the Judges to give so much respect to a commitment by the command of the King or the privy Councel which are ever intended to be done in just and weighty Cases that they will not presently set them free but bail them to answer what shall be objected against them on the Kings behalf but if any other inferior Officer do commit a man without shewing cause they do instantly deliver him as having no cause to expect their leasure so that Delivery is applyed to the imprisoned by command of some mean minister of Justice Bailing when it is done by command of the King or his Councel and though Bailing is a grace and favor of the Court in case of Felony and other crimes for that there is another way to discharge them in convenient time by their trial but where no cause of imprisonment is returned but the command of the King there is no way to deliver such persons by trial or otherwise but that of the Habeas Corpus and if they should be then remanded they might be perpetually imprisoned without any remedy at all and consequently a man that had committed no offence might be in a worse case then a greater offender for the latter should have an ordinary trial to discharge him the other should never be delivered MAster Selden of the Inner-Temple argued next first making this Introduction Your Lordships have heard from the Gentleman that last spake a great part of the grounds upon which the House of Commons upon mature deliberation proceeded to that clear resolution touching the right of liberty of their persons The many Acts of Parliament which are the written Laws of the Land and are expresly in the Point have bin read and opened and such Objections as have been by some made unto them and Objections also made out of another Act of Parliament have been cleared and answered It may seem now perhaps my Lords that little remains needful to be further added for the enforcement and maintenance of so fundamental and established a Right and Liberty belonging to every freeman of the Kingdom The House of Commons taking into consideration that in this question being of so high a nature that never any exceeded it in any Court of Justice whatsoever all the several ways of just examination of the Truth should be used have also most carefully informed themselves of all former Judgements or Precedents concerning this great Point either way and have been no less careful of the due preservation of his Majesties just Prerogative then of their own Rights The Precedents here are of two kinds either meerly matter of Record or else the former resolutions of the Judges after solemn debate in the Point This Point that concerns Precedents the House of Commons have commanded me to present to your Lordships which I shall as briefly as I may so I do it faithfully and perspicuously to that end my Lords before I come to the particulars of any of those Precedents I shall first remember to your Lordships that which will seem as a general key for the opening and true apprehension of all them of record without which key no man unless he be verst in the entries and course of the Kings Bench can possibly understand In all cases my Lords where any Right or Liberty belongs to the Subjects by any positive Law written or unwritten if there were not also a remedy by Law for enjoying or regaining of this Right or Liberty when it is violated or taken from him the positive Law were most vain and to no purpose and it were to no purpose for any man to have any right in any Land or other Inheritance if there were not a known remedy that is an Action or Writ by which in some Court of ordinary Justice he might recover it And in this case of Right of Liberty of Person if there were not a remedy in the Law for regaining it when it is restrained it were of no purpose to speak of Laws that ordain it should not be restrained The Writ of Habeas Corpus or Corpus cum causa is the highest remedy in Law for any man that is imprisoned and the onely remedy for him that is imprisoned by the special command of the King or the Lords of the pâ—ivy Councel without shewing cause of the commitment and if any mâ—n be so imprisoned by any such Command or otherwise whatsoever though England and desire by himself or any other in his behalf this Writ of Hab. Corp. for the purpose in the Court of Kings Bench that Writ is to be granted to him
alledged must be such as may be determined by our Iudges of our Courts of Westminster in a Legal and ordinary way of Iustice whereas the Causes may be such as those Iudges have not capacity of Iudicature nor Rules of Law to direct and guide their Iudgement in cases of that transcendent nature which hapning so often the very incroaching on that constant Rule of Government for so many ages within this Kingdom practised would soon dissolve the very Foundation and Frame of our Monarchy Wherefore as to our Commons we made fair Propositions which might equally preserve the just Liberty of the Subject so my Lords we have thought good to let you know that without the overthrow of Soveraignty we cannot suffer this Power to be impeached notwithstanding to clear our conscience and just intentions this we publish That it is not in our heart nor will we ever extend our Royal Power lent unto us from God beyond the just rule of Moderation in any thing which shall be contrary to our Laws and Customs wherein the safety of our People shall be our onely aim And we do hereby Declare our Royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain That neither we nor our Privy Council shall or will at any time hereafter commit or command to Prison or otherwise restrain the persons of any for not lending Money to us nor for any cause which in our conscience doth not concern the publique good and safety of us and our people we will not be drawn to pretend any cause wherein our judgement and conscience is not satisfied with base thoughts we hope no man can imagine will fall into our Royal breast and that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or address of our Iudges unto us readily and really express the true cause of their Commitment or Restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed and that in all Causes Criminal of ordinary Iurisdiction our Iudges shall proceed to the Deliverance or Bailment of the Prisoner according to the known and ordinary Rules of the Laws of this Land and according to the Statute of Magna Charta and those other Six Statutes insisted upon which we do take knowledge stand in full force and which we intend not to abrogate and weaken against the true intention thereof This we have thought fit to signifie the rather to shorten any long Debate upon this great question the season of the year being so far advanced and our great Occasions of State not lending many more days for longer continuance of this Session of Parliament Given under our Signet at our Palace at Westminster 20º Maii the Fourth year of our Reign The same day the Kings Letter was communicated to the House of Commons they laid it aside and Sir Thomas Wentworth said it was a Letter of Grace but the people will onely like of that which is done in a Parliamentary way besides the Debate of it would spend much time neither was it directed to the House of Commons and the Petition of Right would clear all mistakes For said he some give out as if the House went about to pinch the Kings Prerogative But the further Debate of this matter took up several days May 17. the Lords propounded at a Conference an Addition to be made to the Petition of Right which was delivered by the Lord Keeper to this purpose THat whereas at the late Conference of both Houses there were some things propounded that came from their Lordships out of a desire the Petition might have the easier passage with his Majesty not intending to violate in any maner the substance of the Petition but it was then thought fit that there was another part of the Petition of as great importance and weight My Lords since the time of that Conference have imployed themselves wholly to reduce the Petition to such a frame and order that may give both to you and them hope of acceptance And after many deliberations and much advice taken my Lords have resolved to represent to you something which they have thought upon yet not as a thing conclusive to them or you and according to their desires having mentioned it in the beginning have held it fit to conclude of nothing till that you be made acquainted with it and that there may be a mature advisement between you and them so that there may be the happier conclusion in all their business This being the determination of the Lords that nothing that is now offered unto you should be conclusive yet they thought it convenient to present it unto you This alteration and not alteration but addition which they shall propound unto you to be advised and conferred upon which is no breach of the frame they think it meet if it shall stand with your liking to be put in the conclusion of the Petition which I shall now read unto you WE present this our humble Petition to your Majesty with the care not onely of preserving our own Liberties but with due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People This is the thing the Lords do present unto you this subject of this Conference concerning the adding of this in the conclusion of the Petition and that they know that this is new and that you cannot presently give an answer to it therefore they desire that you do with some speed consider of it and their Lordships will be ready this afternoon This Addition produced several Speeches LEt us look said he into the Records and see what they are what is Soveraign Power Bodin saith That it is free from any Condition by this we shall acknowledge a Regal as well as a Legal Power Let us give that to the King that the Law gives him and no more I Am not able to speak to this question I know not what it is All our Petition is for the Laws of England and this Power seems to be another distinct Power from the Power of the Law I know how to adde Soveraign to his Person but not to his Power Also we cannot leave to him Soveraign Power we never were possessed of it WE cannot admit of those words with safety they are applicable to all the parts of our Petition It is in the nature of a Saving and by it we shall imply as if we had incroached on his Prerogative all the Laws we cite are without a Saving and yet now after the violation of them we must adde a Saving Also I have seen divers Petitions and where the Subject claimed a Right there I never saw a Saving of this nature THis is Magnum in parvo this is propounded to be a conclusion of our Petition It is a matter of great weight and to speak plainly it
special Charge and Direction so soon as the said Fleet or the greatest thereof shall be reassembled and joyned together then presently with the first opportunity of wind taking into his Charge also the Ships stayed and prepared at Portsmouth and Plimouth together with such fire Ships and other Vessels as shall be provided for this expedition to return to Rotchel with all possible diligence and do his best endevor to relieve the same Letting his Lordship know that order is taken for the victualling of the Fleet by Petty warrant so long as it remaineth in Harbor for the sparing and lengthening of the Sea victuals And if it so fall out that the Earl of Denbigh do set forward on his voyage towards Rotchel before the whole Fleet shall be joyned with him we pray your Grace to give him such Direction that he may leave order that the Ships which are behind shall follow him with all speed Monday 2 Iune The King came to the Parliament and spake thus in brief to both Houses Gentlemen I Am come hither to perform my duty I think no man can think it long since I have not taken so many days in answering the Petition as ye spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in me lies After this the Lord Keeper spake as followeth MY Lords and ye the Knights Citizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you That he takes it in good part that in consideration of setling your own Liberties ye have generally professed in both Houses that ye have no intention for to lessen or diminish his Majesties Prerogative wherein as ye have cleared your own intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and a strength to his Majesties Prerogative and his Prerogative a defence of your Liberties in which his Majesty doubts not but both he and you shall take a mutual comfort hereafter and for his part he is resolved to give an example in the using of his power for the preservation of your Liberties that hereafter ye shall have no cause to complain This is the sum of that which I am to say to you from his Majesty And that which further remains is That you hear read your own Petition and his Majesties gracious Answer The Petition Exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or aide shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land and by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common censent in Parliament Yet nevertheless of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have been in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other places and others of them have been therefore Imprisoned Consined and sundry other ways molested and disquieted And divers other charges have been layed and levied upon your People in several Counties by Lords Lieutenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called The great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken or imprisoned or be disseised of his Freeholds or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Iudgement of his Peers or by the Law of the Land And in the eight and twentieth year of the reign of King Edward the third it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenor of the said Statutes and other the good Laws Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the Causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25 year of the reign of King Edward the third
King 2. It stands not with the dignity of the King to arrest any man C. 4. 73. The King makes a Lease for years rendring rent with condition of re-entry for non-payment he shall take advantage of the condition without any demand and the reason there given is that a decorum and conveniency might be observed So it is not befitting for the King in person to arrest any man but the King may command another to do it Bracton lib. 2. de acquirendo rerum Dominio fol. 55. sayes That the Crown of the King is to do justice and judgment and facere pacem without which the Crown it self cannot subsist Severall constructions are to be made upon those severall words and the last words facere pacem imply that the King hath a coercive power Britton f. 1. amongst the Errata The King said in person Because we are not sufficient in person to do every thing We divide the charge into many parts We are the peoples Iustice and a Iustice implies one that hath power to do justice in every kind to wit by imprisonment or otherwise 20 H. 7.7 C. 11.85 it is said That the King is the chief Iustice. And Lambert in his Justice of Peace fol. 3. saies That in antient Histories the chief Iustice of England is called Capitalis Justicia Prima Justicia after the King in England So that the King hath the same power of Iustice as the Chief Iustice had This imprisonment here which is before conviction for any offenâ— is not used towards the Subject as imprisonment for any fault but is rather an arrest or restraint to avoid further inconveniencies 14 H. 7.8 A Iustice of Peace may arrest men riotously assembled for prevention of further mischief And the Book also saies That he may leave his servants there to arrest men for safeguard of the peace It is a case well known that if a house be set on fire every man may pull down the next house for prevention of greater mischief so it seems concerning the Incendiaries of the State they ought to be restrained and supprest lest others should be stirred up by them to the same combustion 22 ass 56. and 22 E. 4.45 in false imprisonment the Defendant justifies because the Plantiff was mad and out of his wits and that he had done some harm and that he had bound and beat him to avoid further harm which might have happened by his madnesse And the justification was held good So it is in matter of Government to avoid commotions the King ought to use his coercive power against those that are enraged The objection was that this course was against the Petition of Right But I answer That this case is out of the words of that Petition the words of the Petition were Whereas by the Statute called The great Charter and by the Statute of 28 E. 3. no free-man may be taken or imprisoned yet against the tenour of the said Statute c. divers of your subjects have of late been imprisoned without any cause shewed and when for their deliverance c. they were brought before the Iustices by Writs of Habeas corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the cause of their deteyner and no cause was certified but that they were detained by your Majesties speciall command signified by the Lords of your Council and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to Law These last words are observable Without being charged with any thing to which they might make answer These words do not refer to the Return of the Habeas Corpus for the cause returned therein cannot be traversed 9 H. 6. 54. but the Court took it as true But the setting forth of the cause and the answer to the same cause is to be upon other proceedings to wit upon the indictment for the offence or otherwise And there is great difference between the return of a Writ to which a man may answer and the return of an Habeas corpus 10 E. 4. 3 H. 7.11 are that if the Sheriff return Rescous all certainties of every circumstance ought to be shewed because it is fitting that a thing certain be brought into judgment And upon shewing of the grievance as above the Petition is that no free-man in any such manner as before is mentioned be imprisoned or detained such and it hath relation to such imprisonment which is mentioned in the premises And imprisonment mentioned in the premises of the Petition is where no cause at all was mentioned then where any cause is shewed is out of the Petition and that such is the word relative appears by C. 11 62. where many cases are put to the same purpose which see The third objection was That the Return was generall and uncertain The Counsell on the other side had divided the words of the Return but that is to offer violence thereunto for an exposition shall not be made by fractions but upon the whole matter For the first words notable contempts It hath been said that the addition of the word notable is but to make a flourish But I say That notable is not the emphasis of the Return but it onely expresseth the nature of the offence and yet notable is a word observable by it self in the Law and implyes that the thing is known and noted By 27 E. 1. Sheriffs shall be punished that let notorious offenders to bayl and by the Statute of 4 H. 4. chap. 3. a notorious or common thief shall not make his purgation and 26 E. 3.71 in a trespasse for fals imprisonment the Defendant said That the Plantiff came into the Town of Huntington and because he was seen in the company of R. de Thorby who was a notorious thief he as Bailiff of Huntington took him upon suspition I confesse that for contempts is generall yea it is genus generalissimum and within the Petition of Right but the words are against Our Self It hath been said That this might be by irreverent words or gestures and Our Government It hath been said that this might be by contempt to the Kings Writ or by Retraxit as Beechers case is To this I answer That those words which are spoken to one purpose ought not to be wrested to another and this is against the common meaning of the words C. 4. Thou art a murderer the Defendant shall not afterwards explain it to be a murderer of Hares for the highest murder is intended So here the highest Government is intended 4. It hath been objected that for stirring up of sedition against Us may perhaps be but an offence Finable But those words joyned with the former words shew this to be an offence of the highest nature sedition is a speciall contempt And although sedition in it self may be but a generall offence yet here it is Sedition against Us and Our Government which makes
sorts of persons might partake of the Publick Joy Prisoners for Debts were set at liberty and Pardon was granted to several Criminals as an earnest of the Kings respect and love to his Sister after this new Alliance The Duke of Buckingham was sent into France to his Christian Majesty to send away the Wife to the King of Great Britain and to be her Convoy He arrived at Paris the 24. of May with the Earl of Montgomery and other English Lords and was lodged in the Palace of the Duke of Chevereux who with his Lady was to conduct the Queen into England there to render her to the King her Husband During the seven days stay which the Duke made at Park the Feastings and Rejoicings were renewed and multiplied Bonfires shining and Canons playing but none did equalize the Feast that was made by the Cardinal of Richelieu The Second of Iune was the time appointed for our Queens departure The King of France sent to the Towns in her way to render her Majesty all due honors as if it were to himself The King of England having notice that the Queen was gone from Amiens sent a Royal Navy to Boloign to transport her the Fleet saluted the Town with a hundred peece of Canon Among other great Ladies the Duchess of Buckingham was sent to kiss the Queens hands as from the King her Husband desiring her to take her own time of coming over with most conveniencie to her own person The 22. of Iune New Stile the Queen imbarqued at Boloign and within Twenty four hours arrived at Dover And as the King was preparing to receive her she sent to his Majesty to desire him not to come till the morrow because she had been somewhat indisposed at Sea She passed that night at Dover and the next day about Ten of the clock the King was there with the Flower of the Nobility and after some Complements past caused every-body to retire and they were half an hour together in the Closet Thence his Majesty conducted the Queen to Canterbury and the same evening the Marriage was there consummated Then the Queen in testimony of her respect and love to the King her Husband made it her first suit as afterwards the King made known That he would not be angry with her for her faults of Ignorance before he had first instructed her to eschew them For that she being young and coming into a strange Country both by her years and ignorance of the Customs of the Nation might commit many Errors And she desired him in such cases to use no Third person but by himself to inform her when he found she did ought amiss The King granted her request and thanked her for it desiring her to use him even as she had desired him to use her which she willingly promised The Knights and Gentlemen of Kent together with the Trained Bands were by Order of the Council commanded to attend and receive the Queen at the most convenient places as she passed in such solemn manner and equipage as beseemed the dignity of his Majesty and the quality of her person Likewise the Magistrates of the Cities and Towns were commanded to attend at her passage in such Formalities as are used in principal and extraordinary Solemnities On the Sixteenth of Iune the King and Queen came both to London Great preparations were made and intended for her Majesties reception but the Plague then increasing those Ceremonies were laid aside A Chappel at Somerset-house was built for the Queen and her Family with Conveniencies thereunto adjoining for Capuchin-Friers who were therein placed and had permission to walk abroad in their Religious habits Thence-forward greater multitudes of Seminary-Priests and Iesuites repaired into England out of Forein parts This Summer the Pestilence raged in London At the entrance of the late King there was a great Plague in the City but this was far greater and the greatest that ever was known in the Nation For which cause a great part of Trinity-Term was adjourned from the First Return to the Fourth by the advice of the Privy-Council and the Justices of the Courts at Westminster and some few days in the beginning and ending thereof were holden for the better expediting and continuing of Causes and Suits and the returning and suing out of Processes and such like business as might be done in the absence of the Parties by their Attornies On the Eighteenth day of Iune the Parliament began at Westminster The King being placed in his Royal Throne the Lords sitting in their Robes the Commons also being present his Majesty spake thus I Thank God that the Business to be treated on at this time is of such a nature that it needs no Eloquence to set it forth For I am neither able to do it neither doth it stand with my Nature to spend much time in words It is no new business being already happily begun by my Father of blessed memory who is with God therefore it needeth no Narrative I hope in God you will go on to maintain it as freely as you advised my Father to it It is true He may seem to some to have been slack to begin so just and so glorious a work but it was his wisdom that made him loth to begin a work until he might find a means to maintain it But after that he saw how much he was abused in the confidence he had with other States and was confirmed by your Advice to run the Course we are in with your Engagement to maintain it I need not press to prove how willingly he took your Advice for the Preparations that are made are better able to declare it then I to speak it The assistance of those in Germany the Fleet that is ready for action with the rest of the Preparations which I have only followed my Father in do sufficiently prove that he entred into this Action My Lords and Gentlemen I hope that you do remember that you were pleased to imploy me to advise my Father to break off those two Treaties that were on foot so that I cannot say that I came hither a free unengaged man It 's true I came into this business willingly and freely like a Young man and consequently rashly but it was by your interest your engagement So that though it were done like a Young man yet I cannot repent me of it and I think none can blame me for it knowing the love and fidelity you have borne to your King having my self likewise some little experience of your affections I pray you remember that this being my first Action and begun by your Advice and intreaty what a great Dishonor it were to you and me if this Action so begun should fail for that Assistance you are able to give me Yet knowing the constancie of your love both to me and this Business I needed not to have said this but only to shew what care and sense I have
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the common-Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
great eminence power and authority being impeached and accused of such high Crimes and Offences should yet enjoy his Liberty hold so great a part of the strength of the Kingdom in his hands sit as a Peer in Parliament and be acquainted with the Counsels thereof whereby inevitable mischief may suddenly fall upon the Kingdom Wherefore they have thought it their duty to recommend this their unanimous desire to their Lordships as agreeable to Law and reason That they would be pleased forthwith to commit the person of the said Duke to safe Custody Whereupon the Duke made this Speech in the Lords House My Lords IF I should hold my peace it would argue guilt If I should speak it would argue boldness being so foully accused Your Lordships see what Complaints are made against me by the House of Commons How well I stood in their opinions not long since your Lordships know it What I have done since to lose their good opinions I protest I know not I cannot so distrust my own Innocencie and my heart which abhors guilt as to decline any Course or Court of Justice And had not they brought my Cause to your Lordships it should have been my own work And they have done me a favor to deliver me out of their hands into your Lordships I will not speak any thing to cast dirt at those who have taken pains to make me so foul but to protest my innocencie in that measure which I shall ever hope to prove it being before such just Judges I desire my Trial may be hastened that I may no longer suffer then I must needs And now that my Accuser hath not been content only to make my Process but to prescribe to your Lordships the manner of your Judgment and to judge me before I am heard I shall not give way to any of their unjust Demands c. The Commons upon the Imprisonment of their Members and the offence taken by the King at the words spoken by those two Gentlemen in impeaching the Duke resolved to proceed in no other business till they were righted in their Liberties and ordered that the House be turned into a Grand Committee presently to sit and consider of the best way and means to effect the same and that no Member be suffered to go forth At which time Sir Dudley Carlton observing that unusual and as he termed it sullen silence of the House made this Speech I Find by a great silence in this House that it is a fit time to be heard if you please to give me the patience I may very fitly compare the heaviness of this House unto some of my misfortunes by Sea in my Travels For as we were bound unto Marseillis by oversight of the Mariners we mistook our Course and by ill fortune met with a Sand That was no sooner overpast but we fell on another and having escaped this likewise we met with a third and in that we stuck fast All of the Passengers being much dismaied by this disaster as now we are here in this House for the loss of those two Members At last an old experienced Mariner upon consultation affirmed That the speediest way to come out from the Sands was to know how we came there So well looking and beholding the Compass he found by going in upon such a point we were brought into that streight wherefore we must take a new point to rectifie and bring us out of danger This House of Parliament may be compared to the Ship the Sands to our Messages and the Commitment to the Sands that the Ship did stick fast in and lastly the Compass to the Table where the Book of Orders doth lie Then I beseech you let us look into the Book where the Orders are whether the Gentlemen did go no further then the Order did warrant them If they did not it is fit that we should defend them whom we imployed in our behests But if they have exceeded their Commission and delivered that which they had not warrant for it is just that we let them suffer for this presumption and this our Course will bring us from these Rocks I beseech you Gentlemen move not his Majesty with trenching upon his Prerogatives lest you bring him out of love with Parliaments You have heard his Majesties often Messages to you to put you forward in a Course that will be most convenient In those Messages he told you That if there were not Correspondencie between him and you he should be inforced to use new Counsels Now I pray you consider what these new Counsels are and may be I fear to declare those that I conceive In all Christian Kingdoms you know that Parliaments were in use antiently by which their Kingdoms were governed in a most flourishing manner until the Monarchs began to know their own strength and seeing the turbulent spirit of their Parliaments at length they by little and little began to stand upon their Prerogatives and at last overthrew the Parliaments throughout Christendom except here only with us And indeed you would count it a great misery if you knew the Subject in Foreign Countries as well as my self to see them look not like our Nation with store of flesh on their backs but like so many Ghosts and not men being nothing but skin and bones with some thin cover to their nakedness and wearing only woodden shoos on their feet so that they cannot eat meat or wear good clothes but they must pay and be taxed unto the King for it This is a misery beyond expression and that which yet we are free from Let us be careful then to preserve the Kings good opinion of Parliaments which bringeth this happiness to this Nation and makes us envied of all others while there is this sweetness between his Majesty and his Commons lest we lose repute of a Free-born Nation by our turbulencie in Parliament For in my opinion the greatest and wisest part of a Parliament are those that use the greatest silence so as it be not opiniotory or sullen as now we are by the loss of these our Members that are committed This good Correspondencie being kept between the King and his people will so join their love and favor to his Majesty with liking of Parliaments that his Prerogative shall be preserved entire to himself without our trenching upon it and also the Priviledge of the Subject which is our happiness inviolated and both be maintained to the support of each other And I told you if you would hear me patiently I would tell you what exception his Majesty doth take at those Gentlemen that are committed You know that Eight Members were chosen to deliver the Charge against the Duke but there were only Six imployed for that purpose insomuch that there was no Exception As for Sir Dudley Diggs his part that was the Prologue and in that his Majesty doth conceive that he went too far beyond his Commission in pressing the death of his
man that would not depend upon him among other men had me in his eye for not stooping unto him so as to become his Vassal I that had learned a Lesson which I constantly hold To be no mans servant but the Kings for mine Old Royal Master which is with God and mine own Reason did teach me so went on mine own ways although I could not but observe That so many as walked in that path did suffer for it upon all occasions and so did I nothing wherein I moved my Master taking place which finding so clearly as if the Duke had set some ill character upon me I had no way but to rest in patience leaving all to God and looking to my self as warily as I might But this did not serve the turn his undertakings were so extraordinary That every one that was not with him was presently against him and if a hard opinion were once entertained there was no place left for satisfaction or reconciliation What befel the Earl of Arundel and Sir Randal Crew and divers others I need not to report and no man can make doubt but he blew the Coals For my Self there is a Gentleman called Sir H. S. who gave the first light what should befal me This Knight being of more livelihood then wisdom had married the Lady D. Sister to the now Earl of E. and had so treated her that both for safeguard of her Honor blemished by him scandalously and for her Alimony or maintenance being glad to get from him she was inforced to endure a Suit in the High Commission Court So to strengthen his party he was made known to the Duke and by means of a Dependant on his Grace he got a Letter from the King That the Commissioners should proceed no further in hearing of that Cause by reason that it being a difference between a Gentleman and his Wife the Kings Majesty would hear it himself The Solicitor for the Lady finding that the course of Justice was stopped did so earnestly by Petition move the King that by another Letter there was a relaxation of the former restraint and the Commissioners Ecclesiastical went on But now in the new proceeding finding himself by Justice like enough to be pinched he did publickly in the Court refuse to speak by any Councel but would plead his cause himself wherein he did bear the whole business so disorderly tumultuously and unrespectively that after divers reproofs I was enforced for the Honor of the Court and Reputation of the High Commission to tell him openly That if he did not carry himself in a better fashion I would commit him to Prison This so troubled the yong Gallant that within few days after being at Dinner or Supper where some wished me well he bolted it out That as for the Archbishop the Duke had a purpose to turn him out of his place and that he did but wait the occasion to effect it Which being brought unto me constantly by more ways then one I was now in expectation what must be the issue of this great mans indignation which fell out to be as followeth There was one Sibthorpe who not being so much as a Batchellor of Arts as it hath been credibly reported unto me by means of Doctor Peirce Dean of Peterborough being Vice-Chancellor of Oxford did get to be conferred upon him the Title of a Doctor This man is Vicar of Brackley in Northamptonshire and hath another Benefice not far from it in Buckinghamshire But the lustre of his Honor did arise from being the Son-in-law of Sir Iohn Lamb Chancellor of Peterborough whose Daughter he married and was put into the Commission of Peace When the Lent Assizes were in February last at Northampton the man that Preached before the Judges there was this worthy Doctor where magnifying the Authority of Kings which is so strong in the Scripture that it needs no flattery any ways to extol it he let fall divers Speeches which were distasteful to the Auditors and namely That they had power to put Poll-Money upon their Subjects heads when against those challenges men did frequently mourn He being a man of a low Fortune conceived that the putting his Sermon in Print might gain favor at Court and raise his Fortune higher on he goeth with the Transcribing of his Sermon and got a Bishop or two to prefer this great Service to the Duke and it being brought unto the Duke it cometh in his head or was suggested unto him by some malicious body that thereby the Archbishop might be put to some remarkable strait For if the King should send the Sermon unto him and command him to allow it to the Press one of these two things would follow That either he should Authorize it and so all men that were indifferent should discover him for a base and unworthy Beast or he should refuse it and so should fall into the Kings indignation who might pursue it at his pleasure as against a man that was contrary to his service Out of this Fountain flowed all the Water that afterwards so wet In rehearsing whereof I must set down divers particulars which some man may wonder how they should be discovered unto me But let it suffice once for all that in the word of an honest man and of a Bishop I recount nothing but whereof I have good warrant God himself working means The matters were revealed unto me although it be not convenient that in this Paper I name the manner how they came unto me least such as did by well-doing further me should receive blame for their labor Well! resolved it is That I must be put to it and that with speed and therefore Mr. William Murrey Nephew as I think unto Mr. Thomas Murrey sometimes Tutor unto Prince Charls and the yong man now of the Kings Bed-chamber is sent unto me with the Written Sermon of whom I must say That albeit he did the King his Masters business yet he did use himself temperately and civilly unto me For avoiding of inquit and inquam as Tully saith I said this and he said that I will make it by way of Dialogue not setting down every days conference exactly by it self but mentioning all things of importance in the whole yet distinguishing of times where for the truth of the Relation it cannot be avoided Murrey My Lord I am sent unto you by the King to let you know that his pleasure is That whereas there is brought unto him a Sermon to be Printed you should allow this Sermon to the Press Archb. I was never he that authorised Books to be Printed for it is the work of my Chaplains to read over other mens writings and what is fit to let it go what is unfit to expunge it Murrey But the King will have you your self to do this because he is minded that no Books shall be allowed but by you and the Bishop of London And my Lord of London authorised one the other day Cousens
by the Books of our Laws that Liberty is a thing so favored of the Law that the Law will not suffer the continuance of a man in prison for any longer time then of necessity it must And therefore the Law will neither suffer the Party Sheriffs or Judges to continue a man in prison by their power and pleasure It doth speak of the delivery of a man out of prison with as reasonable expedition as may be And upon this reason it hath been resolved that howsoever the Law alloweth that there may be a Term between the Teste of an Original Writ and the Return of the same where there is only a Summons and no Imprisonment of the body yet the Law will not allow that there should be a Term between the Teste of a Writ of Capias and the Return of the same where the body of a man is to be imprison'd insomuch that it will give no way that the party shall have power to continue the body of a man longer time in prison then needs must so tender is the Law of the Subjects Liberty Monday the 27. of November the Attorney-General argued for the King That this was a very great Cause and hath raised great expectation and he was afraid that those Gentlemen whom it concerns have rather advised their Councils then their Councils them For the first Exception That the Return is not positive but hath relation to some others He did conceive it was positive enough For said he the words are Quod detentus est sub custodia mea per speciale mandatum Domini Regis The other words mihi significatum they follow after but are not part of the affirmation made before it And if they will have it as they seem to understand it then they must return the words thus Quod significatum est mihi per Dominos Privati Consilii quod detentus est per speciale mandatum Domini Regis And then it had not been their own proper Return but the signification of another the Lords of the Council The turning of the sentence would resolve this point the thing it self must speak for it self It is clear it is a positive Return that the detaining is by the command of the King and the rest of the Return is rather satisfaction to the Court then any part of the Return And for the other Exception That the Cause of the Cause is returned and not the Cause it self He said Among the Logicians there are two Causes there is Causa causans and Causa causata The Causa causans here in this Case is not the Warrant from the Lords of the Council for that is Causa causata But the primary and original Cause which is Causa causans is Speciale mandatum Domini Regis the other is but the Councils signification or testification or Warrant for him that made the Return And for the other Exception The Cause is imperfect because it shews only the Cause of detaining in Prison and not the Cause of the first Commitment He conceives it is sufficient for an Officer of the Law to answer That the Writ is a Command to make a Return of the detaining of the Prisoner and he accordingly makes a Return of the Detention and if the Keeper of the Prison had only said they were detained per speciale mandatum c. it had been good Then he proceeded to the matter of the Return and to answer the Book-Cases and Records that had been cited by the Council for the Prisoners and to produce Presidents on the Kings behalf which are extant in Print to which the Reader is referred Afterwards Sir Nicholas Hide Chief Justice Justice Dodderidge Justice Iones and Justice Whitlock being upon the Bench and Sir Iohn Heveningham and the forementioned Prisoners being brought to the Bar Sir Nicholas Hide Lord Chief Justice by the consent and direction of the Judges spake to this purpose That the Court hath seriously considered what hath been spoken by either side and are grown to a resolution And that his Brothers have enjoined him to deliver unto you the resolution of the whole Court And therefore said he though it be delivered by my mouth it is the resolution of us all I am sure you expect Justice from hence and God forbid we should sit here but to do Justice to all men according to our best skill and knowledge as it is our oaths and duties so to do But this is a Case of very great weight and great expectation and requires more solemn Arguments then the time will now permit The Exceptions which have been taken to this Return are two the one for the form the other for the substance First for the form because it is not returned as they say positively and absolutely but with reference to a Warrant of the Lords of the Council Now the Court is of opinion That this is a positive and absolute Return upon this reason That the Keeper of the Prison first returns that they are detained by the special command of the King And if they had ceased there it had been positive And for that which follows That it was signified to him by the Lords of the Council this is only to certifie the Court that he returned the Cause truly and not to shew us that he had no knowledge of the Cause but by the signification of the Lords of the Council There is not one word in the Writ that demands the cause why they were taken but why they are detained So that that point in the Writ is sufficiently answered which was only to certifie the cause of the detention And therefore we resolve That the form of this Return is good The next thing is the main point in Law Whether the substance or matter of the Return be good or no Where in the substance is this He doth certifie that they are detained in Prison by the special command of the King And whether this be good in Law or no is the Question Here the Lord Chief Justice did mention the several Presidents and Book-Cases cited by each side too long to be here related And concluded That that which is now to be judged by us is this Whether one that is committed by the Kings authority and no Cause shewn of his Commitment according as here it is upon this Return whether we ought to deliver him by Bail or to remand him back again Where by the way you must know that we can take notice only of this Return That when the Case appears to us no otherwise then by the Return we are not bound to examine the truth thereof but the sufficiencie of the Return We cannot judge upon rumors or reports but upon that which is before us on Record which is examinable by us whether it be sufficient or not Mr. Attorney hath told you That the King hath done it And we trust him in great matters And we make no doubt but the King if you seek to him knowing the cause why you
the Judges justly refused it but if the Judges did intend it we sit not here said he to answer the trust we are sent for if we present not this matter to his Majesty Let this business be further searched into and see how this Judgement lies against us and what the Judges do say concerning the same Sir Edw. Cook proceeded and said This Draught of the Judgement will sting us quia nulla causa fuit ostenta being committed by command of the King therefore he must not be bailed What is this but to declare upon Record that any Subject committed by such absolute command may be detained in Prison for ever What doth this tend to but the utter subversion of the choise Liberty and Right belonging to every free-born Subject of this Kingdom I fear were it not for this Parliament that followed so close after that form of Judgement was drawn up there would have been hard putting to have had it entred But a Parliament brings Judges Officers and all men in good order The Commons afterwards upon further debates of this matter desired that the Judges of the Kings-Bench might declare themselves concerning this business which was done accordingly and though it be a little out of time yet for coherence sake we bring it in here Judge Whitlock spake thus My Lords We are by your appointment here ready to clear any Aspersion of the House of Commons in their late presentment upon the Kings-Bench that the Subject was wounded in the Judgement there lately given If such a thing were My Lords your Lordships not they have the power to question and judge the same But My Lords I say there was no Judgement given whereby either the Prerogative might be enlarged or the Right of the Subject trenched upon It is true my Lords in Mich Tearm last four Gentlemen Petitioned for a Habeas Corpus which they obtained and Counsel was assigned unto them the Return was per speciale mandatum Domini Regis which likewise was made known to us under the Hands of Eighteen Privy-Councellors Now my Lords if we had delivered them presently upon this it must have been because the King did not shew cause wherein we should have judged the King had done wrong and this is beyond our knowledge for he might have committed them for other matters then we could have imagined but they might say thus they might have been kept in Prison all their dayes I answer no but we did remit them that we might better advise of the matter and they the next day might have had a a new Writ if they had pleased But they say we ought not to have denied bail I answer if we had done so it must needs have reflected upon the King that he had unjustly imprisoned theâ— And it appears in Dyer 2 Eliz. that divers Gentlemen being commâ—â—â—d and requiring Habeas Corpus some were bailed others remitted whereby it appears much is left to the discretion of the Judges For that which troubleth so much remittitur quousque This my Lords was onely as I said before to take time what to do and whereas they will have a difference between remittitur remittitur quousque My Lords I confess I can finde none but these are new inventions to trouble old Records And herein my Lords we have dealt with knowledge and understanding for had we given a Judgement the party must thereupon have rested every Judgement must come to an issue in matter in fact or demur in point of Law here is neither therefore no Judgement For endeavoring to have a Judgement entred it is true Mr Attorney pressed the same for his Majesties Servies But we having sworn to do right between his Majesty and his Subjects commanded the Clerk to make no Entry but according to the old form and the Rule was given by the Chief Justice alone I have spent my time in this Court and I speak confidently I did never see nor know by any Record that upon such a Return as this a man was bailed the King not first consulted with in such a Case as this The Commons House do not know what Letters and Commands we receive for these remain in our Court and are not viewed by them For the rest of the matters presented by the House of Commons they were not in agitation before us whether the King may commit and how long he may detain a man committed Therefore having answered so much as concerneth us I desire your Lorships good Construction of what hath been said Judge Doderidge concerning the same Subject said It is no more fit for a Judge to decline to give an accompt of his doings then for a Christian of his Faith God knoweth I have endeavored alwayes to keep a good Conscience for a troubled one who can bear The Kingdom holds of none but God and Judgements do not pass privately in Chambers but publickly in Courts where every one may hear which causeth Judgement to be given with maturity Your Lordships have heard the Particulars given by my brother how that Counsel being assigned to those four Gentlemen in the latter end of Mich. Term their Cause received hearing and upon consideration of the Statutes and Records we found some of them to be according to the good old Law of Magna Charta but we thought that they did not come so close to this Case as that bail should be thereupon presently granted My Lords the Habeas Corpus consisteth of three parts The Writ the Return upon the Writ or Schedule and the Entry or Rule reciting the Habeas Corpus and the Return together with the opinion of the Court either a remittitur or a traditur in Ballium In this Case a remittitur was granted which we did that we might take better advisement upon the Case and upon the remittitur My Lords they might have had a new Writ the next day and I wish they had because it may be they had seen more and we had been eased of a great labour And my Lords when the Attorney upon the Remittitur pressed an Entry we all straitly charged the Clerk that he should make no other Entry then such as our Predecessors had usually made in like Cases For the difference between Remittitur and Remittitur quousque I could never yet finde any I have now sate in this Court 15 years and I should know something surely if I had gone in a Mill so long dust would cleave to my clothes I am old and have one foot in the Grave therefore I will look to the better part as near as I can But Omina habere in memoria in nullo errare Divinum potius est quà m humà num The Lord Chief Justice Hide and Justice Iones delivered their opinions much to the same purpose The House proceeded in further debate of the Liberty of the Subject Mr Hackwel resumes the Debate of the matter concerning the Habeas Corpus The late Judgement said he which lies in Bar is
onely an Award and no Judgement and in the L. Chief Justice his Argument there was no word spoken that the King might commit or detain without cause For the King to commit a man is indignum Regi Mercy and Honor flow immediately from the King Judgement and Justice are his too but they flow from his Ministers the Sword is carried before him but the Scepter in his hands These are true Emblems of a good King The Law admits not the King power of detaining in Prison at pleasure In antient times Prisons were but pro custodia carceres non ad poenam sed ad custodiam Admit the King may commit a man yet to detain him as long as he pleaseth is dangerous and then a man shall be punished before his offence Imprisonment is a Maceration of the body and horror to the minde it is vita pejor morte Mr Selden last of all produced the Statutes Presidents and Book-Cases which were expresseâ— in point to the Question in hand and the House commanded that Case in the Lord Chief Justice Andersons Book all of his own hand-writing to be openly read And for the Presidentâ— cited by the Kings Council in 34 years of the Queen as the Opinion of all the Judges certainly there was a great mistake in it and the mistake was the greater when it passed as currant by the Judges of the Kings-Bench in the last Case of the Habeas Corpus And that the truth of the Opinion may clearly appear let us read the words out of the Lord Chief Justice Andersons Report out of the Book written with his own hand which will contradict all those Apocrypha Reports that go upon the Case The words of the Report were these Divers persons fueront committes a several temps a several prysons sur pleasure sans bon cause parte de queux estiant amesnes en banck le Roy. Et parte en le Commune banck fuerunt accordant a le ley de la terre mise a large discharge de le imprisonment pur que aucunt grands fueront offendus procure un commandment a les Iudges que ils ne fera ainsi apres Ceo nient meins les Iudges ne surcease mes per advise enter eux ils fesoint certain Articles le tenour de queux ensus deliver eux al seignieurs Chancelor Treasurer eux subscribe avec touts lour mainies les Articles sont come erisnoint We her Majesties Iustices of both Benches and Barons of the Exchequer desire your Lordships that by some good means some order may be taken that her Highness Subjects may not be committed or detained in prison by commandment of any Noble man or Councellor against the Laws of the Realm either else to help us to have access to her Majesty to the end to become Suitors to her for the same for divers have been imprisoned for suing ordinary Actions and Suits at the Common-Law until they have been constrained to leave the same against their wills and put the same to order albeit Iudgement and Execution have been had therein to their great losses and griefs for the aid of which persons her Majesties Writs have sundry times been directed to sundry persons having the Custody of such persons unlawfully imprisoned upon which Writs no good or lawfull cause of imprisonment hath been returned or certified Whereupon according to the Laws they have been discharged of their imprisonment some of which persons so delivered have been again committed to prison in secret places and not to any common or ordinary Prison or lawfull Officer or Sheriff or other lawfully authorized to have or keep a Goal So that upon complaint made for their delivery the Queens Courts cannot tell to whom to direct her Majesties Writs and by this means Iustice cannot be done And moreover divers Officers and Serjeants of London have been many times committed to Prison for lawfull executing of her Majesties Writs sued forth of her Majesties Court at Westminster and thereby her Majesties Subjects and Officers are so terrified that they dare not sue or execute her Majesties Laws her Writs and Commandments Divers others have been sent for by Pursevants and brought to London from their dwellings and by unlawfull imprisonment have been constrained not only to withdraw their lawfull suits but have been also compelled to pay the Pursevants so bringing such persons great sums of money All which upon complaint the Iudges are bound by Office and Oath to relieve and help by and according to her Majesties Laws And where it pleaseth your Lordships to will divers of us to set down in what Cases a Prisoner sent to custody by her Majesty or her Councel are to be detained in Prison and not to be delivered by her Majesties Court or Iudges We think that if any person be committed by her Majesties command from her person or by order from the Council board and if any one or two of her Council commit one for high Treason such persons so in the Cases before committed may not be delivered by any of her Courts without due Trial by the Law and Iudgement of acquittal had Nevertheless the Iudges may award the Queens Writ to bring the bodies of such Prisoners before them and if upon return thereof the causes of their commitment be certified to the Iudges as it ought to be then the Iudges in the Cases before ought not to deliver him but to remand the Prisoner to the place from whence he came which cannot conveniently be done unless notice of the cause in general or else in special be given to the Keeper or Goaler that shall have the Custody of such a Prisoner All the Iudges and Barons did subscribe their names to these Articles Ter. Paschae 34 Eliz. and delivered one to the L. Chancellor and another to the L. Treasurer after which time there did follow more quietness then before in the Cause before mentioned After the reading of this Report Sir Edw. Cook said That of my own knowledge this Book was written with my L. Andersons own hand it is no flying report of a young Student I was Solicitor then and Treasurer Burley was as much against Commitment as any of this Kingdom It was the White Staves that made this stir Let us draw towards a conclusion The Question is whether a Feeman can be imprisoned by the King without setting down the cause I leave it as bare as Aesops Crow they that argue against it Humores moti non remoti corpus destruunt It is a Maxime the common-Common-Law hath admeasured the Kings Prerogative that in no Case it can prejudice the Inheritance of the Subjects had the Law given the Prerogative to that which is taken it would have set some time to it else mark what would follow I shall have an Estate of Inheritance for life or for years in my Land or propriety in my Goods and I shall be a Tenant at will for my liberty I shall have
Bill shew and declare against Roger Manwaring Clerk Dr. in Divinity That whereas by the Laws and Statutes of this Realm the free Subiects of England do undoubtedly inherit this Right and Liberty not to be compelled to contribute any Tax Tollage Aid or to make any Loans not set or imposed by common consent by Act of Parliament And divers of his Majesties loving Subjects relying upon the said Laws and Customes did in all humility refuse to lend such sums of Moneys without Authority of Parliament as were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrarâ— to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is to say the fourth day of July last one of the said Sermons and upon the 29. day of the same Moneth the other of the said Sermons both which Sermons he hath since published in print in a Book intituled Religion and Allegiance and with a wicked and malitious intention to seduce and misguide the Conscience of the Kings most excellent Majesty touching the observation of the Laws and Customes 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 his Royal heart from his People and to cause jealousies sedition and division in the Kingdom He the said Roger Manwaring doth in the said Sermons and Book perswade the Kings most excellent Majesty First that his Majesty is not bound to keep and observe the good Laws and Customes 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 binde the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of eternal damnation Secondly that those of his Majesties loving Subjects which refused the Loan aforementioned in such manner as is before recited did therein offend against the Law of God against his Majesties Supreme Authority and by so doing became guilty of Impiety Dissoialty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several parts of his Book doth most falsly and malitiously lay upon them Thirdly that authority of Parliaments is not necessary for the raising of Aids 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 Manwaring 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 Soveraign Princes and Magistrates and for the maintenance of the peace and concord betwixt all men especially betwixt the King and his People and hath thereby most grievously offended against the Crown and Dignity of his Majesty 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 any other occasion or impeachment against the said Roger Manwaring and also of replying to the answers which he the said Roger shall make unto any of the matters contained in this present Bill of Complaint and of offering further proof of the premises or of any of them as the Cause according to the Course of Parliament shall require do pray that the said Roger Manwaring may be put to answer to all and every the premises and that such proceeding examination trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Iustice. This Declaration ingrossed in Parliament 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 out of himself that might discourage him If he considered the matter the Offences were of an high nature of easie proof if he considered their Lordships who were the Judges of 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 Commonwealth if he considered the King our Soveraign 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 his Majesties Answer to the Petition of Right of both Houses that he held himself bound in conscience to preserve those Liberties which this man would perswade him to impeach He said further that he could not but remember his Majesties 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 〈◊〉 â—ngry that gives impediment and interruption to the accomplishment of that which he loves If this be so by the same act of his Apprehension by which he believes his Majesties 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 enjoyned him to make good every Clause of that which had been read unto them which that he might the more clearly perform he prepounded to observe that order of parts unto which the said Declaration was naturally dissolved 1. Of the Preamble 2. The Body of the Charge 3. The Conclusion or Prayer of the Commons The preamble consisted altogether of recital first of the Inducements upon which the Commons undertook this complaint The second of those Laws and Liberties against which the offence was committed The third of the violation of those Laws which have relation to that offence From the connexion of all those recitals he said there did result three Positions which he was to maintain as the ground-work and foundation of the whole Cause The first that the form of Government in any State could not be altered without apparent danger of ruine to that State The second the Law of England whereby the Subjects was exempted from Taxes and Loans not granted by common consent of Parliament was not introduced by any Statute or by any Charter or Sanction of Princes but was
discontinuance of assembling the three Estates in France which was in time about four years before the blazing Star by Lewis the eleventh King of France who by reason the third Estate representing the Commons did incroach as he declared too much upon the Clergie and Nobility the King dissolved that Parliament of the three Estates and never had a free Election of the third Estate afterwards but ordained another kind of meeting instead thereof which is called L' assembli des Notables An assembly of certain eminent persons of his own Nomination whereunto he added some Counsellour out of every Court of Parliament there being eight in all in France and being few in number and of his own Nomination would more readily comply with the Kings proposals and not dispute his will and pleasure as the general assembly of three Estates had wont to do when the King trenched upon the liberty and property of the Subject which alteration of the Government as to the third Estate hath ever since exposed the Commons to much vassalage and misery as at this day is apparent by the meanness of their livelyhood and wearing of wooden shoes That which gives us occasion to mention this last particular is a little Tract composed to the said end and purpose and which did this Trinity long Vacation walk abroad and went from hand to hand sometime at Court sometime in the Country and sometime at the Innes of Court which we here set down verbatim in the Appendix that the humour of the Author thereof may be the more clearly discerned and when we come to its proper time and place you shall see what success this Pamphlet had when it was questioned in the Star-Chamber Towards the latter end of his Vacation all the Justices of the Kings Bench being then in the Country received every one of them a Letter to be at Sergeants Inne upon Michaelmas day These Letters were from the Council-Table and the cause expressed in them was That his Majesty had present and urgent occasion to use their service The Judges came up accordingly on Tuesday being Michaelmas day The next morning about four a clock Letters were brought to the chief Justice from Mr. Trumbal Clerk of the Council then attending that he and Judge Whitlock one of the Judges of that Court should attend the King that morning so soon as conveniently they could which the Chief Justice and that Judge did at Hampton that morning where the King taking them apart from the Council fell upon the business of the Gentlemen in the Tower and was contented they should be bayled notwithstanding their obstinacy in that they would not give the King a Petition expressing That they were sorry he was offended with them he shewed his purpose to proceed against them by the common Law in the Kings Bench and to leave his proceeding in the Star-Chamber Divers other matters he proposed to the said Judges by way of advice and seemed well contented with what they answered though it was not to his minde which was That the offences were not capital and that by the Law the prisoners ought to be bailed giving security to the good behaviour whereupon the King told them That he would never be offended with his Judges so they dealt plainly with him and did not answer him by Oracles and Riddles both these Judges did at that time what good office they could to bring the King on to heal this breach The first day of Michaelmas Term it was moved by Mr. Mason to have the Resolution of the Judges and the Court with one voice said That they are now content that they shall be bayled but that they ought to finde sureties also for the good behaviour and Iones Justice said That so it was done in the Case which had been often remembred to another purpose two wit Russels Case in 9 E. 3. To which Mr. Selden answered with whom all the other prisoners agreed in opinion That they have their sureties ready for the bayl but not for the good behaviour and desire that the bayl might first be accepted and that they be not urged to the other and that for these Reasons First the Case here had long depended in Court and they have been imprisoned for these thirty weeks and it had been oftentimes argued on the one side and the other and those that argued for the King alwaies demanded that we should be remanded and those which argued on our side desired that we might be bayled or discharged but it was never the desire of the one side or the other that we should be bound to the good behaviour And in the last Term four several days were appointed for the Resolution of the Court and the sole point in question was If baylable or not therefore he now desires that the matter of bayl and of good behaviour may be severed and not conâ—ounded Secondly because the finding of sureties of good behaviour is seldome urged upon Returns of Felonies or Treasons And it is but an implication upon the Return that we are culpable of those matters which are objected 3. We demand to be bayled in point of Right and if it be not grantable of Right we do not demand it but the finding of Sureties for the good behaviour is a point of discretion meerly and we cannot assent to it without great offence to the Parliament where these matters which are surmised by the Return were acted and by the Statute of 4 Hen. 8. all punishments of such nature are made voyd and of none effect Therefore c. Curia The Return doth not make mention of any thing done in Parliament and we cannot in a judicial way take notice that these things were done in Parliament And by Whitlock The surety of good behaviour is as a preventing medicine of the damage that may fall out to the Commonwealth and it is an Act of Government and jurisdiction and not of Law And by Crook It is no inconvenience to the Prisoners for the same bayl sufficeth and all shall be written upon one peece of parchment And Heath Atturney General said That by the command of the King he had an information ready in his hand to deliver in the Court against them Hide Chief Justice If now you refuse to find sureties for the good behaviour and be for that cause remanded perhaps we afterwards will not grant Habeas Corpus for you inasmuch as we are made acquainted with the cause of your imprisonment Ashly the Kings Sergeant offered his own bayl for Mr. Holles one of the Prisoners who had married his daughter and heir But the Court refused it for it is contrary to the course of the Court unless the Prisoner himself will become bound also And Mr. Long that had found sureties in the Chief Justices Chamber for the good behaviour refused to continue his sureties any longer inasmuch as they were bound in a great summe of 2000 l. and the good behaviour was a
d. interfecit I. S. upon prepensed malice is good for the nature of the thing is expressed although the formall word be wanting but out of the Return the substance of the offence ought alwaies to appear which appears not here But it hath been said by the other side That let the cause in the Return be as it will yet is it not traversable 9 H. 6.54 and I confesse it But as C. 11. James Baggs case is the Return ought to have certainty so much in it that if it be false the party grieved may have his action upon the case And the grievance complained of in the Petition of Right is that upon such Return no cause was certified that is no such cause upon which any Indictment might be drawn up for we never understand that the party shall be tryed upon the Habeas Corpus but that upon the matter contained within it and Indictment shall be made and he shall have his tryall upon it And yet it is clear and it hath been agreed of all hands in the Argument of the grand Habeas corpus Mich. 3. Car. in this Court that if the cause be certified upon the Return of the Habeas corpus that the Court may judge of the legality of that cause 2. Consider the parts of this Return as they are coupled together for notable contempts by him committed against Our Self and Our Government and for stirring of sedition against Us Upon the entire Return the King joynes sedition with notable contempts so that it is as much as if he had said that Sedition is one of the notable contempts mentioned in the first part of the Return so that he makes it but a contempt For the generality and incertainty of the Return I refer my self to the cases put by Mr. Ask and I will not waive any of them True it is if the Return had been that it was for Treason he had not been bailable but by the discretion of the Court and such Return would have been good but it is not so of sedition Gard. 157. Treason is applyed to a petty offence to the breach of trust by a Guardian in Socage but it is not treason And so sedition is of far lesse nature then treason and is oftentimes taken of a trespasse it is not treason of it self nor seditiosè was never used in an Indictment of treason It was not treason before the 25 of Edw. 3. nor can it be treason for 25 E. 3. is a flat Barre as I have said before to all other offences to be treason which are not contained within the said Act or declared by any Statute afterwards And there are offences which are more heinous in their nature then sedition is which are not treason as Insurrections c. which see in the Statute 11 H. 7. cap. 7. 2 H. 5. cap. 9. 8 H. 6. cap. 14. 5 R. 2. cap. 6. 17 R. 2. cap. 8. and by 3 and 4 E. 6. cap. 5. the assembly of twelve persons to attempt the alteration of any Law and the continuance together by the space of an hour being commanded to return is made treason which Act was continued by the Statute of 1 Mar. cap. 12. and 1 Eliz. cap. 16. but now is expired by her death and is not now in force although the contrary be conceived by some which I pray may be well observed By the Statute of 14 Eliz. cap. 1. rebellious taking of the Castles of the King is made treason if they be not delivered c. which shewes clearly that such taking of Castles in its nature was not treason But the said Statute is now expired and also all Statutes creating new treasons are now repealed But for a conclusion of this part of my Argument I will cite a case which I think expresse in the point or more strong then the case in question And it was M. 9. E. 3. roll 39. B. R. Peter Russells case he was committed to prison by the Deputy-Iustice of North-Wales because he was accused by one William Solyman of sedition and other things touching the King And hereupon a Commission issued out of the Chancery to enquire if the said Peter Russell behaved himselfe well or seditiously against the King and by the Inquisition it was found that he behaved himself well And upon an Habeas Corpus out of this Court his body was returned but no cause But the said Inquisition was brought hither out of Chancery and for that no cause of his caption was returned he prayed Delivery but the Court would not deliver him till it knew the cause of his Commitment Therefore taking no regard of the said Inquisition they now send a Writ to the now Iustice of Wales to certifie the cause of his commitment And thereupon he made this Return That the foresaid Peter Russell was taken because one William Solyman charged him that he had committed divers seditions against the Lord the King and for that cause he was detained and for no other And because the Return mentions not what sedition in speciall he was bayled but not discharged And I desire the baylment of the prisoner onely and not his deliverance I desire that the case be well observed In the said case there was an actuall sedition against the King here is onely a stirring up of sedition The words of the said Award are Videtur curiae which are the solemn words of a Iudgment given upon great deliberation There it was for other things concerning Us This is all one as if it had said for other things against Us Concerning the King and Against the King are all one as appears by 25 E. 3. c. 4. de Clero Stamf. 124. Westm. 1. c. 15. Bracton f. 119. 14 Eliz. c. 2. And the words of the Iudgment in the said case were not dimittitur but ideò dimittendus which imply the right of the party to be bayled The said case in some things was more particular then our case and more strong for there was an Accuser to boot which wants in our case There true it is that he was committed by the Iustice of Wales and here by the King himself but this makes no difference as to this Court for be the commitment by the King himself or by any other if it be not upon just cause the party may be bayled in this Court. And for the Inquisition which is mentioned it was no Tryall in the case nor did the Court give any regard thereto To detain the prisoner by the command of the King singly is against the Petition of Right but it being coupled with the cause the cause is to be considered and the truth of the cause is to be intended as well where it is mentioned to be by an inferiour Iudge as where by the King himself for it is traversable neither in the one nor other And 22 H. 8. roll 37. B. R. and 1 H. 8 roll 8. Harrisons case resolv'd that a man committed by the command of the King is
in tertio Caroli that generall Returns that were committed by the command of the Lord the King are not good and that those Arguments remain as Monuments on record in the Upper House of Parliament but I will not admit them for Law But I will remember what was the opinion of former times 22 H. 6.52 by Newton a man committed by the command of the King is not replevisable And the opinion cannot be intended of a Replevin made by the Sheriff because the principall case there is upon a Return in this Court 33 H. 6.28 Poyning's case where the Return was That he was committed by the Lords of the Councill and it was admitted good It is true that this opinion is grounded upon Westm. 1. cap. 15. but I will not insist upon it But the constant opinion hath alwaies been that a man committed by the command of the King is not baylable In 9 H. 6.44 it is said That if one be taken upon the Kings suit the Court will not grant a Supersedeas The contrary opinion is grounded upon Magna Charta which is a generall Law and literally hath no sense to that purpose and it is contrary to the usuall practise in criminall causes in which the imprisonment is alwaies lawfull untill the tryall although it be made by a Iustice of Peace or Constable And that a man committed by the command of the King or Privy Councill is not baylable he cited 1 Jacobi Sir Brocket's case 8 Jac. Sir Cesar's case 12. Demetrius's case 43 Rinch's case And in the case M. 36 Eliz. and 4 and 5 Thimelby's case And said that there are innumerable presidents to this purpose M. 21 and 22 Eliz. upon the return of an Habeas corpus it appears that Michael Page was committed by the command of the Lord the King but was not delivered and after was arraigned in this Court and lost his hand And at the same time Stubbs was committed by the command of the Lord the King for seditious words and rumors and he lost his hand also upon the same tryall M. 17 and 18. Eliz. Upon Habeas corpus for John Loan it was returned That he was committed for divulging sundry seditious writings and he was remanded And 7 H. 7 roll 6. Rugs case and roll 13. Chase's case where the Return was that they were committed by the command of the Lord the King and they were not delivered and this was also the opinion in this Court M. 3. Car. And after the said time the Law is not altered and so I hope neither are your opinions But to consider the particular cause mentioned in the Return I will not rely upon the first part of the words although they be of great weight but onely upon the last words for stirring up of sedition against Us But it hath been objected that Sedition is not a word known in the Law But I marvell that the signification of the word is not understood when it is joyned with the words agains Us this ought to be understood Sedition against the King in his politick capacity Sedition hath sundry acceptations according to the subject handled as it appears C. 4. Lord Cromwel's case which hath been cited If it be spoken of a man that he is seditious if it be of a company in London it shall be understood sedition in the Company if it be spoken of a Souldier it shall be taken for mutinous Mr. Littleton who argued this case very well said That Tacitus useth this word and it is true and he saies That there are two manners of Seditions Seditio armata togata and the last is more dangerous then the former But couple it with the subsequent words here against Us the interpretation and sense thereof is easie loquendum ut vulgus Mr. Littleton shewes the acceptation of this word in divers places of Scripture and I will not reject them for they make for me 20 Numb 3. the Latine is populi versi sunt in seditionem and it is Englished murmuring but clearly it was high treason against their Governour and God himselfe 26 Numb 9. in seditione Corah it is manifest that that was a great Insurrection 12 Judg. 1. Facta est ergo seditio in Ephraim The Ephramites rose against Jephta and he at the same time was their Iudge and Governour so it was the heighth of Insurrection It is true that in 15 Act. 2. Facta est seditio and in some Translations it is Orta est repughantia non parva for it may be taken in severall senses 19 Acts 40. the Town-Clerk there knew not how to answer for this daies sedition or insurrection and no doubt he was in great perill for it was a great insurrection and I wish the greater ones were as circumspect as he was 24 Act. 5. Tertullus accused Paul of sedition and doubtlesse it was conceived a great offence if you consider the time and other circumstances for they were Heathens and Romans And although he in very truth taught the Gospell of God yet he was taken for a pestilent fellow and as a perswader to shake off Government Bracton lib. 3. de Corona c. 2. rancks Sedition amongst the crimes laesae Majestatis But it hath been objected that if it be a capitall offence it ought to be felony or treason To this I say That it cannot be felony but it may be treason for any thing that appears It is true that by the statute of 25 E. 3. treasons are declared and nothing shall be said treason which is not comprised within the said Statute unlesse it be declared so by Act of Parliament But upon indictment of treason such sedition as this may be given in evidence and perhaps will prove treason And the Return is not That he was seditious which shewes onely an inclination but that he stirred up sedition which may be treason if the evidence will bear it In divers Acts of Parliament notice is taken of this word Seditio and it is alwaies coupled with Insurrection or Rebellion as appears by the Statutes of 5 R. 2. c. 6. 17 R. 2. c. 8. 2 H. 5. c. 9. 8 H. 6. c. 14. 3 4. E. 6. c. 5. 2 R. 2. c. 5. 1 and 2 Phil. Mar. c. 2. 1 Eliz. c. 7. 13 Eliz. c. 2. 23 Eliz. c. 2. 27 Eliz. c. 2. and 35 Eliz. c. 1. all which were cited before and they prove that Sedition is a word well known in the Law and of dangerous consequence and which cannot be expounded in good sense Wherefore the nature of the offence I leave it to the Court But out of these Statutes it appears that there is a narrow difference between it and treason if there be any at all 3 ly As to the Objections which have been made I will give a short answer to them 1. It was objected That every imprisonment is either for custody or punishment the last is alwaies after the judgment given for the offence and if it be but for custody the
detract from the Religion here established The People of England having yet in memory the intended Cruelty of 88. and hating the Popish Religion generally loathed this Match and would have bought it off at the dearest rate and what they durst opposed it by speeches counsels wishes prayers but if any one spake lowder then his fellows he was soon put to silence disgrac'd and cross'd in Court-preferments when as in Spain and Flanders Books were penned and Pictures printed to disgrace the King and State For which the English Ambassadors sought satisfaction but in vain The Roman Catholicks desired the Match above measure hoping for a moderation of Fines and Laws perhaps a Toleration yea a total Restauration of their Religion for they gained more and more Indulgence by the long-spun Treaty The Articles of Religion were long hammered upon the Spanish Anvil inlarged and multiplied by new Demands without end The Conde Gondomar an active subtil Instrument to serve his Masters ends neglected no occasion tending thereunto which he mainly shewed in the particular of Sir Walter Rawleigh wherein he put forth all his Strength to destroy him being one of the last Sea-Commanders then living bred under Queen Elizabeth and by her flesh'd in Spanish blood and ruin He did first under-work his Voyage to Guienna which seemed to threaten loss and danger to the spreading power of Spain in the West-Indies and after his return with misfortune he pursued him to death In the beginning of the Kings Reign this Gentleman with others was arraigned and condemned for Treason 't was a dark kinde of Treason and the vail is still upon it The King had ground enough to shew mercy which some of that condemned party obtained After many years imprisonment Sir Walter Rawleigh desirous of liberty and action propounded an American voyage upon the assurance of gaining a Mine of Gold in Guienna The King hearkned to him and gave him power to set forth Ships and Men for that Service but commanded him upon his Allegiance to give under his hand the number of his Men the burden and strength of his Ships together with the Country and River which he was to enter All this was done and came so timely to Gondomars knowledge that Advertisement was sent to Spain and thence to the Indies before this English Fleet departed out of the Thames The Action proved unfortunate and the Mine was inaccessible the Spaniards at St. Thomas opposed their passage up the River and this engaged them to assault the Town which they took sacked and burnt Gondomar hereat incensed with a violent importunity demanded the reparation of this wrong And the Spanish Faction urged that this irruption might make a breach both of the Match and Peace with Spain The Kings fears kindled his wrath he disavowed the Action and to prevent the like for the future put forth a severe Proclamation Hereupon the storm of Passion ceased and Rawleigh knowing nothing but that he might appear in England with safety put in at Plimouth and was no sooner landed but by secret intimation understanding his danger sought to escape beyond Sea but was taken in the attempt brought to London and recommitted to the Tower and at length his life was offered up a Sacrifice for Spain but not upon such grounds as the Ambassador had designed for he desired a Judgment upon the pretended breach of Peace that by this occasion he might slily gain from the English an acknowledgment of his Masters right in those places and hereafter both stop their mouths and quench their heat and valor But the late voyage was not brought in question onely his former Condemnation was revived his Araignment at Winchester many years before was now laid open and he at the Kings Bench demanded why Execution should not be done upon him according to the Sentence therein pronounced Rawleigh answered That the Kings late Commission gave him a new life and vigor For he that hath power over the lives of others ought to be Master of his own This Plea was not accepted but the former Judgment took place and accordingly he lost his Head upon a Scaffold erected in the Old Pallace at Westminster Whilest Spain and England were thus closing the fire brake out in Germany between the States and Princes Protestant and the House of Austria These commotions involved and drew along the affairs of most Christian Princes especially of the two Potent Kings now in Treaty The Catholick Cause and the Lot of the House of Austria engaged the King of Spain who was the strongest Branch of that Stock King Iames must needs be drawn in both by common and particular Interest the Religion which he professed and the State of his Son in Law the Elector Palatine who became the principal part in those Wars and the most unfortunate It was an high business to the whole Christian World and the issue of it had main dependence upon the King of England being the Mightiest Prince of the Protestant Profession But this Kings proceedings were wholly governed by the unhappy Spanish Treaty The clouds gather thick in the German skie jealousies and discontents arise between the Catholicks and the Evangelicks or Lutherans of the Confession of Ausburge Both parties draw into Confederacies and hold Assemblies the one seeking by the advantage of power to incroach and get ground the other to stand their ground and hold their own The potency of the House of Austria a House devoted to the Persecution of the Reformed Religion became formidable The old Emperor Matthias declared his Cousin German the Archduke Ferdinand to be his adopted Son and Successor and caused him to be chosen and crowned King of Bohemia and Hungary yet reserving to himself the sole exercise of Kingly power during his life The Iesuits triumph in their hopes of King Ferdinand the Pope exhorted the Catholicks to keep a day of Jubilee and to implore aid of God for the Churches high occasions To answer this Festival the Elector of Saxony called to minde that it was then the Hundreth year compleat since Martin Luther opposed the Popes Indulgences which was the first beginning of Protestant Reformation Whereupon he ordained a Solemn Feast of three days for Thanksgiving and for Prayer to God to maintain in peace the purity of the Word and the right administration of the Sacraments The Professors of the Universities of Lipsick and Wittemberg the Imperial Towns of Franckford Worms and Noremburg yea the Calvinists also observed the same days of Jubilee against the Romish Church and much Gold and Silver was cast abroad in memory of Luther whom they called Blessed In these times the Emperor wrote Letters both to the Elector Palatine and to the Protestant Provinces and States of the Empire then assembled at Hilbrun advising them to acquiesce in what was done touching the designation of his adopted Son to the Empire to observe the Golden Bull the Magna Charta of the Empire and the matter of it
dares not but give advice to follow where God leads apprehending the work of God in this and that of Hungary That by peece and peece the Kings of the Earth that gave their power to the Beast shall leave the Whore and make her desolate That he was satisfied in Conscience that the Bohemians had just cause to reject that proud and bloody man who had taken a course to make that Kingdom not Elective in taking it by the Donation of another The slighting of the Viscount Doncaster in his Ambassage gave cause of just displeasure and indignation Therefore let not a Noble Son be forsaken for their sakes who regard nothing but their own ends Our striking-in will comfort the Bohemians honor the Palsgrave strengthen the Princes of the Union draw on the United Provinces stir up the King of Denmark and the Palatines two Uncles the Prince of Orange and the Duke of Bouillon together with Tremouille a rich Prince in France to cast in their shares The Parliament is the old and honorable way for raising of Money and all that may be spared is to be turned this way And perhaps God provided the Iewels which were laid up in the Tower by the Mother for the preservation of the Daughter who like a Noble Princess hath professed that she will not leave her self one Iewel rather then not maintain so religious and righteous a Cause Certainly if countenance be given to this Action many brave Spirits will offer themselves Therefore let all our Spirits be gathered up to animate this business that the World may take notice that we are awake when God calls The Life and Zeal of these Expressions from a Person of such Eminency may discover the Judgment and Affection of the Anti-Spanish party in the Court of England But the King was engaged in those ways out of which he could not easily turn himself Besides it did not please him that his Son should snatch a Crown out of the Fire And he was used to say That the Bohemians made use of him as the Fox did of the Cats foot to pull the Apple out of the Fire for his own eating In the mean while before the King could answer the Palsgrave desiring advice in that behalf the Bohemians had wrought and prevailed with him to accept of their Election whereof he sent Advertisement into England excusing the suddenness of the Action for that the urgency of the cause would admit of no deliberation King Iames disavowed the Act and would never grace his Son in Law with the stile of his new Dignity But Sir Richard Weston and Sir Edward Conway were sent Ambassadors into Bohemia to close up the breach between the Emperor and the Elector Palatine The King being not a little troubled and jealous that the Palatines nearness to him might give cause of suspition to his Brother of Spain that this Election had been made by his procurement or correspondence with the German Protestants commands his Agent Cottington to give that King plenary Information of all proceedings As That his Ambassador being sent to compound the differences and to reduce the Bohemians to the quiet obedience of the Emperor instead of finding the Emperor so prepared and such a way made for his Mediation as was promised and expected received answer That the business was already referred to four of the Electors insomuch that no place was left for his Authority to interpose Of this exclusive answer as he had just cause to be sensible considering that he had entred into that Treaty meerly at the instance of the King of Spain and his Ministers so there followed a further inconvenience That the Bohemians having long expected the fruit and issue of this Mediation and finding little hope by this means did instantly as out of desperation Elect the Count Palatine for their King Wherefore being tender of his own honor and reputation especially in the opinion of the King of Spain he would not have it blemished by the least misunderstanding And for that end he tendred to his view such Letters as from time to time he had written to the Princes of the Union and to the Palatine himself whereby he might plainly see his dislike of the Bohemians engaging against their King and his industry to contain those Princes in peace and quietness and to make a fair Accord between the disagreeing parties Reply was made as touching the answer given to the Viscount Doncaster That he was admitted a Compounder in such form as was possible the Arbitration having been committed by the late Emperor into the hands of three of the Electors and the Duke of Bavaria that nevertheless he might have proceeded in the Negotiation and by his Masters Authority have over-ruled any difficulty which might have hapned on the Emperors side on whose behalf the reference was made if he had reduced the Bohemians to the acceptance of any reasonable conditions But he presently to the Emperors great disservice labored to suspend the Election of the King of the Romans till the Bohemian Controversie were first compounded which was absolutely to defeat King Ferdinand of that Crown and to disturb and put in danger his Election to the Empire This was the more confirmed by his desire to make Bonfires in Liege when the Count Palatine was made King of Bohemia As touching the Kings integrity in the whole business the satisfaction tendred was received with great applause and it was further said That it would gain the more authority and estimation if he should continue to disclaim that which had been done so contrary to his opinion and against his Friends and Allies as are all the Princes of the House of Austria But the Lot was cast in Germany and for the Palsgrave there was no going back forces pour in a main on both sides The King of Poland aided the Emperor in Hungary to bound and check the incursions of Prince Bethlem the Duke of Saxony did not brook his Fellow Electors advancement to Regal Majesty and condemned his joyning with Bethlem Gabor Who saith he came in with the Turks consent to make a desolution in the Empire King Frederick visited the several parts of his Kingdom to confirm the people to him and to receive the Oath of Fidelity And the Emperor published a Proscription against him wherein he proclaims him guilty of High Treason excludes him out of the publick peace and declares his resolution to prosecute him as the publick Enemy of the Empire and a contemner of his Imperial Majesty and absolves all his Subjects from their Oaths and Duties to him and commands all persons whatsoever to abandon him and his adherents Christian Prince of Anhalt was appointed Generalissimo of the Bohemian Forces and governed all affairs which was some eclipse and discontent to Thurne and Mansfet who had hitherto stood the shock of the Imperial Armies The Princes of the Union raised forces for the defence of the Palatinate and their own interest
which your self shall discover And you shall advertise me of whatsoever you shall understand the learn governing your self in all occurrents with that wariness and discretion as your zeal to my service doth assure me of These were the Arts of Spain to corrupt divers in the Court of England Buckingham and his Dependants followed the Kings inclinations The Duke of Lenox Marquis Hamilton and William Earl of Pembroke disliking the Kings course did not contest with him but only intimated their dissent It was said of Gondomar That when he returned into Spain he gave in his Account of Disbursments for Pensions given in England amongst others To Sir Robert Cotton 1000 l. a person of great Integrity and one who was ever averse to the House of Austria Which Sir Robert getting notice of by the English Agent then in Spain demanded reparation which was obtained but with a salvo to the Ambassadors honor the error being said to be committed by a Dependent upon the Ambassador and not by himself The King being jealous of uncomptrolled Soveraignty and impatient of his Peoples intermedling with the Mysteries of State had fallen into a great dislike of Parliaments and for many years before had given way to Projects and Monopolies And many of his Ministers perhaps fearing an enquiry into their own actions might suggest to him that he might better furnish himself by those ways and the Match now in treaty then by Subsidies usually accompanied with the redress of Grievances Nevertheless he was now minded to call a Parliament conceiving it might be of special use For he observed the affections of the People to be raised for the Recovery of the Palatinate and then concluded that those affections would open their purses to the supply of his wants and the Treaty with Spain would effect the business without the expence and troubles of War and the good accord between him and his people would quicken the Spaniard to conclude the Match And accordingly Writs were issued forth to assemble them the 30. of Ianuary In the calling of this Parliament he recommended to his Subjects the choice of such Members as were of the wisest gravest and best affected people neither superstitious nor turbulent but obedient Children to this their Mother-Church In the mean while in Germany the Protestant Union continually declined by the gradual falling away of the several partakers The Elector of Saxony reduced the remainder of Lusatia The Province of Moravia upon the approach of Buquoy seeing the Count de Latiere came not in to their succor prayed that they might enjoy their Priviledges in matter of Religion and be received into the Emperors grace and favor which submission was well received at Vienna Likewise the States of Silesia failing of assistance from the Elector Palatine were constrained to make their peace Then the Palatine propounded to the Elector of Saxony an Overture of Peace declaring That he took the Crown upon him to preserve the Protestants in the free exercise of their Religion The Saxon replied That he had no way to make his Peace but to renounce the Kingdom of Bohemia and the Provinces Incorporate and to beg the Emperors pardon Afterwards the Elector Palatine goeth to Brandenburgh and then to Segenburgh where there was an Assembly of Princes and States Protestant to oppose the exploits of Spinola In the mean while Count Mansfield stirs in Bohemia pillages several Towns and the Goods of all those that cryed God save King Ferdinand The relation of England to these affairs of Foreign States had caused a general liberty of discourse concerning matters of State which King Iames could not bear but by Proclamation commanded all from the highest to the lowest not to intermeddle by Pen or Speech with State-concerments and secrets of Empire either at home or abroad which were no fit Themes or Subjects for Vulgar persons or Common meetings On the Thirtieth day of Ianuary the Parliament began to sit and the King came in person and made this Speech MY Lords Spiritual and Temporal and you the Commons Cui multiloquio non deest peccatum In the last Parliament I made long discourses especially to them of the Lower House I did open the true thoughts of my heart but I may say with our Saviour I have piped to you and you have not danced I have mourned and you have not lamented Yet as no mans actions can be free so in me God found some spices of vanity and so all my sayings turned to me again without any success And now to tell the reasons of your calling and this meeting apply it to your selves and spend not the time in long Speeches Consider that the Parliament is a thing composed of a Head and a Body The Monarch and the Two Estates It was first a Monarchy then after a Parliament There are no Parliaments but in Monarchical Governments For in Venice the Netherlands and other Free Governments there are none The Head is to call the Body together And for the Clergy the Bishops are chief for Shires their Knights and for Towns and Cities their Burgesses and Citizens These are to treat of difficult matters and to counsel their King with their best advice to make Laws for the Commonweal And the Lower House is also to petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative They are to offer supply for his Necessity and he to distribute in recompence thereof Justice and Mercy As in all Parliaments it is the Kings office to make good Laws whose fundamental cause is the Peoples ill manners so at this time that we may meet with the new Abuses and the incroaching Craft of the times Particulars shall be read hereafter As touching Religion Laws enough are made already It stands in two points Perswasion and Compulsion Men may perswade but God must give the blessing Iesuites Priests Puritans and Sectaries erring both on the right hand and left hand are forward to perswade unto their own ends and so ought you the Bishops in your example and preaching But Compulsion to obey is to bind the Conscience There is talk of the Match with Spain But if it shall not prove a Furtherance to Religion I am not worthy to be your King I will never proceed but to the glory of God and content of my Subjects For a Supply to my Necessities I have reigned Eighteen years in which time you have had Peace and I have received far less supply than hath been given to any King since the Conquest The last Queen of famous memory had one year with another above a Hundred thousand pounds per annum in Subsidies And in all my time I have had but Four Subsidies and Six Fifteens It is Ten years since I had a Subsidy in all which time I have been sparing to trouble you I have turned my self as nearly to save expences as I may I have abated much in my Household expences in my
Navies in the charge of my Munition I made not choice of an old beaten Soldier for my Admiral but rather chose a Young man whose honesty and integrity I knew whose care hath been to appoint under him sufficient men to lessen my Charges which he hath done Touching the miserable dissentions in Christendom I was not the cause thereof For the appeasing whereof I sent my Lord of Doncaster whose journey cost me Three thousand five hundred pounds My Son in law sent to me for Advice but within three days after accepted of the Crown which I did never approve of for three Reasons First for Religion's sake as not holding with the Jesuites disposing of Kingdoms rather learning of our Saviour to uphold not to overthrow them Secondly I was not Iudge between them neither acquainted with the Laws of Bohemia Quis me Judicem fecit Thirdly I have treated a Peace and therefore will not be a Party Yet I left not to preserve my Childrens Patrimony For I had a Contribution of my Lords and Subjects which amounted to a great sum I borrowed of my Brother of Denmark Seven thousand five hundred pounds to help him and sent as much to him as made it up Ten thousand and Thirty thousand I sent to the Princes of the Union to hearten them I have lost no time Had the Princes of the Union done their parts that handful of men I sent had done theirs I intend to send by way of Perswasion which in this Age will little avail unless a strong hand assist Wherefore I purpose to provide an Army the next Summer and desire you to consider of my Necessities as you have done to my Predecessors Qui cito dat bis dat I will engage my Crown my Blood and my Soul in that Recovery You may be informed of me in things in course of Justice but I never sent to any of my Iudges to give sentence contrary to Law Consider the Trade for the making thereof better and shew me the reason why my Mint for these eight or nine years hath not gone I confess I have been liberal in my Grants but if I be informed I will amend all hurtful Grievances But who shall hasten after Grievances and desire to make himself popular he hath the spirit of Satan If I may know my Errors I will reform them I was in my first Parliament a Novice and in my last there was a kind of beasts called Undertakers a dozen of whom undertook to govern the last Parliament and they led me I shall thank you for your good office and desire that the World may say well of our agreement In this Parliament the Commons presented Sir Tho. Richardson for their Speaker The King minded his former engagements and in the beginning of the Parliament sends Sir Iohn Digby now made Lord Digby into Flanders to the Archduke Albertus to gain a present Cessation from War and to make way for a Treaty of Peace with the Emperor And also about the same time he sent Mr. George Gage to Rome to join with Padre Maestre the Spanish Agent in negotiating the Popes Dispensation The Archduke at Bruxels assented to a Reconciliation in favor of our King and obtained from Marquis Spinola a suspension of all hostility against the Country and Subjects of the Elector Palatine which continued till the death of Archduke Albert who died 17º Iulii following So the Lord Digby returned into England bringing the Cessation of Arms about the same time that Sir Edward Villers brought the Palsgrave's Submission But the Twelve years Peace between Spain and the United Provinces at this time expiring Spinola returned into Flanders and left the Palatinate to the Imperial Forces After the Assembly at Segenburgh the Palatine and his Princess took their journey into Holland where they found a refuge and noble entertainment with the Prince of Orange who gave a high testimony of honor to the Electress at her first arrival for her magnanimous carriage in Bohemia The Ambassage of Weston and Conway prevailed little The Emperor went on in a severe Reformation and frequent Executions among that vanquished people He destroyed most of their antient Laws and made new Ordinances declaring a soveraignty over them not as an Elected King but as a Lord by right of Conquest More Princes of the Union reconcile themselves to the Emperor The Imperial Protestant Towns Strasburgh Worms and Nuremburgh subscribe to Conditions of Peace The reconciled Princes and States intercede for the Elector Palatine but their motion displeased the Emperor who alleadged that the Palatine did not acknowledge his faults nor sue for Pardon but made Levies in Holland and elswhere to renew the War in the Empire For the King of Denmark the United Provinces and divers German Princes did adhere to the Palsgrave's cause and stickle for him But the Princes Confederates being already scattered and the heart of the Union broken Those counsels and enterprises of War on his behalf in stead of repressing the progress of the Austrian party did minister occasion of their more absolute and plenary Conquest But to return to the Parliament in England They petition the King for the due execution of Laws against Jesuites Seminary Priests and Popish Recusants Likewise they take in hand to redress the Peoples Grievances by illegal Patents and Projects and chiefly that of Inns and Alehouses for which there was a great Fine and an Annual Revenue throughout the Kingdom and the Monopoly of Gold and Silver-thread whereby the People were abused with base and counterfeit Wares But the examination of these Abuses was accompanied with the grant of Two Subsidies which was very acceptable to the King Sir Giles Mompesson was convented before the House of Commons for many heinous offences and misdemeanors in this kind to the intolerable grievance of the Subject the great dishonor of the King and the scandal of his Government This Delinquent was committed to prison but he escaped thence and got beyond sea and was pursued by the Kings Proclamation The Commons at a Conference with the Lords offered to prove That the Patents of Gold and Silver-Thread of Inns and Alehouses and of power to Compound for obsolete Laws of the Price of Horse-meat Starch Cords Tobacco-pipes Salt Train-oil and the rest were all illegal Howbeit they touch'd not the tender point of Prerogative but in restoring the Subjects liberty were careful to preserve the Kings honor The Lords resolved to admit no other business till this were ended Hereupon the King came to the House of Lords and there made a Speech MY Lords The last time I came hither my errand was to inform you as well as my memory could serve me of things so long past of the verity of my proceedings and the caution used by me in passing those Letters-Patents which are now in question before you to the effect that they might not be abused in the execution And this I did by way of
another Bill among you against Informers I desire you my Lords that as you tender my Honor and the good of my People ye will put that Bill to an end as soon as you can and at your next meeting to make it one of your first works For I have already shewed my dislike of that kinde of people openly in Star-Chamber and it will be the greatest ease to me and all those that are near about me at Court that may be For I remember that since the beginning of this Parliament Buckingham hath told me he never found such quiet and rest as in this time of Parliament from Projectors and Informers who at other times miserably vexed him at all hours And now I confess that when I looked before upon the face of the Government I thought as every man would have done that the people were never so happy as in my time For even as at divers times I have looked upon many of my Coppices riding about them and they appeared on the outside very thick and well-grown unto me but when I turned into the midst of them I found them all bitten within and full of Plains and bare spots like an Apple or Pear fair and smooth without but when ye cleave it asunder you finde it rotten at the Heart Even so this Kingdom the External Government being as good as ever it was and I am sure as Learned Judges as ever it had and I hope as honest Administring Justice within it and for Peace both at home and abroad I may truly say more setled and longer lasting then ever any before together with as great plenty as ever So as it was to be thought that every man might sit in safety under his own Vine and Fig-Tree Yet I am ashamed and it makes my hair stand upright to consider How in this time my people have been vexed and polled by the vile execution of Projects Patents Bills of Conformity and such like which besides the trouble of my people have more exhausted their Purses then Subsidies would have done Now my Lords before I go hence since God hath made me the Great Judge of this Land under him and that I must answer for the Justice of the same I will therefore according to my place remember you of some things though I would not teach you For no mans Knowledge can be so good but their Memories will be the better to be refreshed And now because you are coming to give Judgment all which moves from the King that you may the better proceed take into your care two things 1. To do Bonum 2. To do it Bene. I call Bonum when all is well proved whereupon ye Judge for then ye build upon a sure Foundation And by Bene I understand that ye proceed with all Formality and Legality wherein you have fit occasion to advise with the Judges who are to assist you with their Opinions in cases of that nature and wo be to them if they advise you not well So the ground being good and the form orderly it will prove a course fitting this High Court of Parliament In Sentence ye are to observe two parts First To recollect that which is worthy of judging and censuring and secondly To proceed against these as against such-like crimes properly We doubt there will be many matters before you some complained of out of Passion and some out of just cause of Grievance Weigh both but be not carried away with the impertinent discourses of them that name as well Innocent men as guilty Proceed judicially and spare none where ye finde just cause to punish But let your proceedings be according to Law and remember that Laws have not their Eyes in their Necks but in their Foreheads For the Moral Reason for the punishment of Vices in all Kingdoms and Commonwealths is because of the Breach of Laws standing in force For none can be punished for Breach of Laws by Predestination before they be made There is yet one particular that I am to remember you of I hear that Sir Henry Yelverton who is now in the Tower upon a Sentence given in the Star-Chamber against him for deceiving my trust is touched concerning a Warrant Dormant which he made while he was my Attorney I protest I never heard of this Warrant Dormant before and I hold it as odious a matter as any is before you And if for respect to me ye have forborne to meddle with him in Examination because he is my Prisoner I do here freely remit him unto you and put him into your hands And this is all I have to say unto you at this time wishing you to proceed justly and nobly according to the Orders of your House and I pray God to bless you and you may assure your selves of my assistance Wishing that what I have said this day among you may be entred into the Records of this House The Lords pronounced Sentence upon Sir Giles Mompesson who was fled beyond Sea 1. THat he shall be degraded of the Order of Knighthood with reservation of the Dignity of his Wife and Children 2. That he shall stand perpetually in the degree of his person Outlawed for Misdemeanor and Trespass 3. That his testimony be received in no Court nor he to be of any Inquisition or Iury. 4. That he shall be excepted out of all General Pardons to be hereafter granted 5. That he shall be imprisoned during life 6. That he shall not approach within Twelve miles of the Court or Prince nor of the Kings High Court usually held at Westminster 7. And the Kings Majesty shall have the profit of his Lands for life and all his Goods and Chattels so forfeited and that he shall undergo Fine and Ransome which was set at Ten thousand pounds 8. Disabled to hold or receive any Offce under the King or for the Commonwealth 9. That he shall be ever held an infamous person 10. And his Majesty added thereunto perpetual Banishment Sir Francis Michel a Projector and Mompessons Compartner was fined One thousand pound degraded and imprisoned in the same place in Finsbury Fields which he had prepared for others For the Tower was thought too honorable for such a person He rode likewise from Westminster into London with his face to the Horse-tail Likewise the King revoked his Letter Patents Commissions and Proclamations concerning Inns and Ale-houses and the Manufactures of Gold and Silver Thred To these Reformations the King gave encouragement by his Third Speech in Parliament wherein he declared much against Corruption and Bribery in Judicatures professing That no person should be preferred before the publick good and that no offender should go unpunished In the same Speech he gave them thanks for the Subsidies given in the beginning of the Parliament and for the Title of the Grant and proceeded to open his present state in relation to his Son in Law the Prince Elector Palatine how the sums granted by the Act of Subsidy were taken up
the Cause of Religion we must a little unfold your eyes herein The beginning of this miserable War which hath set all Christendom on fire was not for Religion but only caused by our son-in-Son-in-law his hasty and harsh resolution following evil Counsel to take to himself the Crown of Bohemia And that this is true himself wrote Letters unto us at that time desiring to give assurance both to the French King and State of Venice that his accepting of the Crown of Bohemia had no reference to the Cause of Religion but only by reason of his right of Election as he called it And we would be sorry that that aspersion should come upon our Religion as to make it a good pretext for dethroning of Kings and usurping their Crowns And we would be loth that our people here should be taught that strange doctrine No let us not so far wrong the â—esuites as to rob them of their sweet Positions and practice in that very point And upon the other part We assure our self so far of your charitable thoughts of us that we would never have constantly denied our Son in law both the Title and assistance in that point if we had been well perswaded of the justice of his quarrel But to conclude This unjust usurpation of the Crowns of Bohemia and Hungaria from the Emperor hath given the Pope and all that party too fair a ground and opened them too wide a gate for curbing and oppressing of many thousands of our Religion in divers parts of Christendom And whereas you excuse your touching upon the King of Spain upon occasion of the incidents by you repeated in that place and yet affirm that it is without any touch to his honor We cannot wonder enough that ye are so forgetful both of your words and writs For in your former Petition ye plainly affirm That he affects the Temporal Monarchy of the whole Earth then which there can be no more malice uttered against any great King to make all other Princes and Potentates both envy and hate him But if ye list it may easily be tryed whether that speech touched him in honor or not if ye shall ask him the question whether he means to assume to himself that title or no For every King can best judge of his own honor We omit the particular ejaculations of some foul-mouthed Orators in your House against the Honor of that Kings Crown and State And touching your excuse of not determining any thing concerning the Match of our dearest Son but only to tell your Opinion and lay it down at our feet First we desire to know how you could have presumed to determine in that point without committing of High Treason And next you cannot deny but your talking of his his Match after that manner was a direct breach of our commandment and declaration out of our own mouth at the first sitting down of this Parliament where we plainly professed that we were in Treaty of this Match with Spain and wished you to have that confidence in our Religion and Wisdom that we would so manage it as our Religion should receive no prejudice by it And the same we now repeat unto you professing that we are so far engaged in that Match as we cannot in honor go back except the King of Spain perform not such things as we expect at his hands And therefore we are sorry that ye should shew to have so great distrust in us as to conceive that we should be cold in our Religion Otherwise we cannot imagine how our former publique Declaration should not have stopt your mouths in this point And as to your request That we would now receive your former Petition We wonder what could make you presume that we would receive it whereas in our former Letter we plainly declared the contrary unto you And therefore we have justly rejected that suit of yours For what have you left unattempted in the highest points of Soveraignty in that Petition of yours except the striking of Coin For it contains the violation of Leagues the particular way how to govern a War and the Marriage of our dearest Son both Negative with Spain nay with any other Popish Princess and also Affirmatively as to the matching with one of our Religion which we confess is a strain beyond any providence or wisdom God hath given us as things now stand These are unfit things to be handled in Parliament except your King should require it of you For who can have wisdom to judge of things of that nature but such as are daily acquainted with the particulars of Treaties and of the variable and fixed connexion of affairs of State together with the knowledge of the secret ways ends and intentions of Princes in their several Negotiations otherwise a small mistaking of matters of this nature may produce more effects then can be imagined And therefore Ne Sutor ultra crepidam And besides the intermedling in Parliament with matters of Peace or War and Marriage of our dearest Son would be such a Diminution to us and to our Crown in Foreign Countries as would make any Prince neglect to treat with us either in matters of Peace or Marriage except they might be assured by the assent of Parliament And so it proved long ago with a King of France who upon a Trick procuring his States to dissent from some Treaty which before he had made was after refused Treating with any other Princes to his great reproach unless he would first procure the assent of his Estates to their Proposition And will you cast your eyes upon the late times you shall find that the late Queen of famous memory was humbly petitioned by a Parliament to be pleased to marry But her Answer was That she liked their Petition well because it was simple not limiting her to place or person as not befitting her liking to their fancies And if they had done otherwise she would have thought it a high presumption in them Judge then what we may do in such a case having made our publique declaration already as we said before directly contrary to that which you have now petitioned Now to the points in your Petition whereof you desire an Answer as properly belonging to the Parliament The first and the greatest point is that of Religion Concerning which at this time we can give you no other Answer then in the general which is That you may rest secure that we will never be weary to do all we can for the propagation of our Religion and repressing of Popery But the manner and form you must remit to our care and providence who can best consider of times and seasons not by undertaking a Publique War of Religion through all the World at once which how hard and dangerous a task it may prove you may judge But this puts us in mind how all the World complained the last year of plenty of Corn and God sent us a Cooling-card this year for that heat And
kept a footing in his ruined Country The Imperialists laughed to think that the English Garrison should expect Relief by the Orders sent from Spain to Bruxels And when the King had made an offer to sequester the Town of Frankendale into the Infanta's hands upon the same assurance from her which herself had offered before the loss of Manheim which was to restore the place whether a peace with the Emperor or a rupture followed she was fallen away from that proposition and would accept the sequestration only upon a simple trust to render it again at the expiration of eighteen moneths In this state of affairs the King wrote thus to his Ambassador in the Spanish Court. Concerning the unfortunate knotty affair of the Palatinate to say the truth as things now stand we cannot tell what you could have done more then you have already done Moreover he shewed That the reason of his late peremptory Instructions concerning a direct Promise of Restitution was the gross delay at Bruxels while Heidelburgh was taken and Manheim beleaguered As also Gages coming from Rome and in stead of the Dispensation presenting him with new demands to engage him in a Dispute or Treaty with the Pope which he said he never intended Wherefore at the instance and perswasion of his Council he was moved to urge the matter so as to bring it to a sudden period Not but that the precisest of them were always of opinion That if the Match were once concluded the other business would be accommodated to his satisfaction Then was the Ambassador required to stir up that King to use all effectual means for diverting the Translation of the Electorate in the present Diet Likewise to make him an offer of Frankendale by way of sequestration upon condition of restoring it in the case as now it stands whether the Peace succeed or not But in the Diet held at Ratisbone the Emperor declared the Palatine to be the Cause and groundwork of all those Wars and miseries and that the Electorate of this proscribed Enemy being devolved into his hands he had conferred it upon the Duke of Bavaria who in this Cause and service had spent his Treasure and hazarded his blood against his own Nephew the Palsgrave The Protestant Princes desired the Emperor to consider That in so high a Cause as the disposing of an Electorate and so principal a Person in the Colledge of Electors who uncited unheard and without all knowledge of the Cause hath been condemned and against all Equity oppressed by the Publication of the Ban His Imperial Majesty should not have proceeded so rigorously without the advice and consent of the other Electors as was agreed upon in the Capitulation Royal and Fundamental Law of the Empire And since the Diet was called for restoring the Peace of the Empire it were necessary in the first place ro remove the Obstacles those extreme Executions in Bohemia which may make that people desperate and which the Lutheran States following the Augustane Confession have their eyes upon And though it be given out that the severity there exercised is merely for private Justice yet it is so linked with the Publique Cause that unless it be speedily ended and the two Churches in Prague again opened and the free exercise of Religion permitted they can see no sure Peace but desolation and ruine like to follow And for the Prince Palatine seeing he is already sufficiently punished it were commendable in his Imperial Majesty to restore him upon submission to his Lands and Dignities otherwise there is no likelihood of restoring Peace And in transferring the Electorate if it must be so this main thing were to be considered Whether the exclusion of the Palsgrave's person doth exclude his Children who by the providence of their Ancestors before this act of their Father had an hereditary right thereunto Or whether that Prince's Brother or other of the Kindred who have no way offended should be in this case neglected This will be ill resented by the other Electors and Princes allied to the Palatine who have been quiet hitherto upon confidence of the Emperors clemencie But perceiving all hopes of recovering the Electoral Dignity to their Family taken away must needs have recourse to Arms. They further added That the Palatine was young and abused by evil Counsels and no way the Author of the stirrs in Bohemia Wherefore they give their advice That his restoring will quiet the otherwise endless troubles of the Empire and for ever engage him and all his Allies and the whole Electoral Colledge to his Imperial Majesty The Catholick Princes answered That the Palatinate being devolved upon the Emperor he may bestow it according to his own pleasure And that he cannot safely hold any terms of Amity with the Palatine That the impunity of so great an Offender will encourage others to offend And as for by-past sufferings there hath been little difference between his and the Emperors though the Cause were far different And that Mansfeld his General is yet in the Field and prosecutes his Cause by force of Arms. The other Party replied That the security of the Imperial Dignity and the safety of the Empire consisted in the Concord between the Emperor and the Princes Electors And if his Imperial Majesty shall use this rigor the Princes of Lower Saxony are of opinion that there can be no Peace established But this desired Reconciliation will give the Emperor a quiet possession of the Provinces recovered by the aid of the Electors and Princes otherwise there is a fair pretension left for the renewing of the War for that the Palatines Sons and Brother are passed by in the translation of the Electorate and the King of Great Britain cannot but take it ill to see his endeavors produce no better effect but that his onely Daughter and her Children are left in Exile The Emperor takes up the debate and sheweth That before the Ban was published he desired nothing more then that a Diet might be convoked which being impeded by the prosecution of the War he could do no less then publish this Proscription to repress the Palatine which some that now dispute it did then declare to be legal and necessary And this proscribed Enemy he will not restore to the Electoral Dignity nor yet defer to compleat the number of Electors Thus have we good words from Spain and miserable usage from all the rest of the House of Austria Sir Dudley Carlton Ambassador Resident at the Hague assured the Marquis of Buckingham That though the Spanish Ambassador D' Ognat in publique opposed the Emperor in transferring the Electorate yet the judgment generally made upon it was this That it was a meer Patelinage with a secret understanding to abuse King Iames his goodness Likewise the Emperor not content to have chased the Palsgrave out of Germany in the Propositions of the former Diet made this an Article to make War upon the United
ours and the Honor his XXIII His sickness at the beginning more grievous then it seemed a sharp melancholy humor set on fire though ushered in by an ordinary Tertian Ague XXIV He was from the beginning of his sickness scarce out of an opinion that he should die and therefore did not suffer the great Affairs of Christendom to move him more then was fit for he thought of his end XXV His devout receiving of the Blessed Sacrament XXVI His Regal Censure of the Moderate Reformation of the Church of England and particularly for the care of retaining of Absolution the comfort of distressed Souls XXVII His continual calling for Prayers with an assured confidence in Christ. XXVIII His death as full of patience as could be found in so strong a death XXIX His Rest no question is in Abrahams Bosome and his Crown changed into a Crown of Glory Another writes thus of that King in the Book entituled the Reign of King Charles IN the stile of the Court he went for Great Britains Solomon nor is it any Excursion beyond the Precincts of Verity to say That neither Britain nor any other Kingdom whatsoever could ever since Solomons days glory in a King for recondite Learning and abstruse Knowledge so near a Match to Solomon as he And though he was an Universal Schollar yet did he make other Sciences their most proper employment but Drudges and Serviteurs to Divinity wherein he became so transcendently eminent as he notoriously foiled the greatest Clerks of the Roman See Nor did his Theological Abilities more advantage the Cause of Religion abroad then at home they keeping the new-fangled Clergy aloof and at distance as not daring to infuse into so solid a Judgment their upstart and erroneous Fancies no nor disquiet the Churches peace with Heterodox Opinions A stout Adversary he was to the Arminians and Semipelagians whom he called as Prosper before him The Enemies of Gods Grace And as slender a Friend to the Presbytery of whose Tyrannical and Antimonarchical Principles he had from his Cradle smart experience He was an excellent Speaker the Scheme of his Oratory being more stately then pedantick and the Expressions argued him both a King and a Schollar In his Apparel and Civil Garb he seemed naturally to affect a Majestick carelesness which was so Hectick so Habitual in him as even in Religious Exercises where the Extern Demeanor is a grand part of that Sacred Homage he was somewhat too incurious and irreverent He was indulgent a little to his Palate and had a smack of the Epicure in Pecuniary Dispensations to his Favorites he was excessive liberal yea though the exigence of his own wants pleaded Retension Studious he was of Peace somewhat overmuch for a King which many imputed to pusillanimity and for certain the thought of War was very terrible unto him whereof there needs no further demonstration then his management of the Cause of the Palatinate For had he had the least scintillation of Animosity or Majestick Indignation would he have so long endured his son-in-Son-in-Law exterminated from his Patrimony while the Austrian Faction to his great dishonor cajoled and kept him in delusory Chat with specious fallacies would he in those several Negotiations of Carlisle Bristol Belfast and Weston have trifled away so vast sums the Moity whereof had they been disposed in Military Levies would have Modelled an Army able when Heidelburgh Manheim and Frankendale defended themselves to have totally dissipated all the Forces of the Usurpers to have mastered the Imperious Eagle enforcing her to forego her Quarry and reestated the Palsgrave would he so shamefully have Courted the Alliance of Spain to the very great regret of his Subjects whom his Predecessors had so often baffled and whom England ever found a worse Friend then Enemy What stronger evidence can be given in of a wonderful defect of Courage As this lipothymie this faint-heartedness lost him the reputation and respects of his people so his heavy pressures upon them and undue Levies by Privy Seals and the like alienated their Affections especially considering how those Moneys were mis-employed indeed rather thrown away partly in the two dishonorable Treaties of Spain and Germany and the Consequential Entertainments and partly in Largesses upon his Minion Buckingham Between this disaffection and contempt in his people there was generated a general disposition to turbulent and boisterous Darings and Expostulations even against his Darling Prerogative And though those dismal calamities which befel his Son were doubtless ampliated by a superfetation of Causes yet was their first and main existency derivative from those seminalities Let Court-Pens extol the calmness of his Halcyonian Reign with all artifice of Rhetorick yet can they never deny but that admired Serenity had its set in a Cloud and that he left to his Successor both an empty Purse and a Crown of Thorns Sir Francis Bacon when King Iames was living gave this Character of him WHerefore representing Your Majesty many times unto my minde and beholding you not with the eye of Presumption to discover that which the Scripture tells me is inscrutable but with the observant eye of Duty and Admiration leaving aside the other parts of your Virtue and Fortune I have been touched yea and possessed with an extream wonder at these your Virtues and Faculties which the Philosophers call Intellectuals The largeness of your Capacity the faithfulness of your Memory the swiftness of your Apprehension the penetration of your Judgment and the facility and order of your Elocution And I have then thought that of all the persons living that I have known Your Majesty were the best instance to make a man of Plato's opinion That all Knowledge is but Remembrance and that the Minde of Man by Nature knoweth all things and hath but her own Native and Original Notions which by the strangeness and darkness of the Tabernacles of the Body are sequestred again revived and restored Such a Light of Nature I have observed in your Majesty and such a readiness to take flame and blaze from the least occasion presented or the least spark of anothers Knowledge delivered And as the Scripture saith of the wisest King That his heart was as the Sand of the Sea which though it be one of the largest Bodies yet it consisteth of the smallest and finest Portions So hath God given your Majesty a composition of Understanding admirable being able to compass and comprehend the greatest Matters and nevertheless to touch and apprehend the least wherein it should seem an impossibility in Nature for the same Instrument to make it self fit for great and small Works And for your gift of Speech I call to minde what Cornelius Tacitus saith of Augustus Caesar Augusto prosâ—uens quae Principem deceret Eloquentia fuit For if we mark it well Speech that is uttered with labor and difficulty or Speech that savoreth of the affectation of Arts and Precepts or Speech that is framed after the imitation of some pattern
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
the Seas That therefore there be great care in Choice and admitting Schoolmasters and that the Ordinaries make diligent enquiries of their demeanors and procéed to the removing of such as shall be faulty or justly suspected His Majesties Answer This is well allowed of And for the better performance of what is desired Letters shall be written to the two Archbishops and from them Letters to go to all the Ordinaries of their several Provinces to see this done the several Ordinaries to give accompt of their doings herein to the Archbishops respectively and they to give accompt to his Majesty of their proceedings herein II. That the antient Discipline of the Universities be restored being the famous Nurseries of Literature and Uertue Answ. This is approved by his Majesty and the Chancellor of each University shall be required to cause due execution of it III. That special care be taken to enlarge the Word of God throughout all the parts of your Majesties Dominions as being the most powerful means for planting of true Religion and rooting out of the contrary To which end among other things let it please your Majesty to advise your Bishops by Fatherly intreaty and tender usage to reduce to the peaceable and orderly service of the Church such able Ministers as have been formerly silenced that there may be a profitable use of their Ministry in these needful and dangerous times And that Nonresidencie Pluralities and Commendams may be moderated Where we cannot forbear most humbly to thank your Majesty for diminishing the number of your own Chaplains not doubting of the like Princely care for the well-bestowing of the rest of your Benefices both to the comfort of the people and the encouragement of the Universities being full of grave and able Ministers unfurnished of Livings Answ. This his Majesty likes well so as it be applied to such Ministers as are peaceable orderly and conformable to the Church-Government For Pluralities and Nonresidencies they are now so moderated that the Archbishops affirm there be now no Dispensations for Pluralities granted nor no man now is allowed above two Benefices and those not above thirty miles distant And for avoiding Non-residence the Canon in that case provided shall be duly put in execution For Commendams they shall be sparingly granted only in such case where the exility and smalness of the Bishoprick requireth Also his Majesty will cause that the Benefices belonging to him shall be well bestowed And for the better propagating of Religion his Majesty recommendeth to the House of Parliament that care may be taken and provision made That every Parish shall allow a competent maintenance for an able Minister And that the Owners of Parsonages Impropriate would allow to the Vicars Curates and Ministers in Villages and places belonging to their Parsonage sufficient Stipend and Allowance for Preaching Ministers IV. That there may be strict provision against transporting of English Children to the Seminaries beyond the Seas and for the recalling of them who are already there placed and for the punishment of such your Subjects as are Maintainers of those Seminaries or of the Scholars considering that besides the seducing of your people great sums of money are yearly expended upon them to the impoverishing of this Kingdom Answ. The Law in this case shall be put in execution And further there shall be Letters written to the Lord Treasurer and also to the Lord Admiral That all the Ports of this Realm and the Creeks and Members thereof be strictly kept and strait Searches made to this end A Proclamation shall be to recall both the Children of Noblemen and the Children of any other men and they to return by a day Also Maintainers of Seminaries or Scholars there shall be punished according to Law V. That no Popish Recusant be permitted to come within the Court unless your Majesty be pleased to call him upon special occasion agreeable to the Statute of 3 Jac. And whereas your Majesty for the preventing of apparent mischiefs both to your Majesty and the State hath in your Princely wisdom taken order that none of your natural born Subjects not professing the true Religion and by Law established be admitted into the service of your Royal Consort the Queen We give your Majesty most humble thanks and desire that your Order herein may be observed Answ. If his Majesty shall find or be informed of any Concourse of Recusants to the Court the Law shall be strictly followed And his Majesty is pleased that by Proclamation the British and the Irish Subjects shall be put in the same case And as his Majesty hath provided in his Treaty with France so his purpose is to keep it That none of his Subjects shall be admitted into his service or into the service of his Royal Consort the Queen that are Popish Recusants VI. That all the Laws now standing in force against Iesuites Seminary-Priests and others having taken Orders by Authority derived from the Sea of Rome be put in due execution And to the intent they may not pretend to be surprised That a spéedy and certain Day be prefixed by your Majesties Proclamation for their departure out of this Realm and all other your Dominions and not to return upon the severest Penalties of the Law now in force against them And that all your Majesties Subjects may be thereby admonished not to receive comfort entertain or conceal any of them upon the Penalties which may be lawfully inflicted And that all such Papists Iesuites and Recusants who are and shall be imprisoned for Recusancie or any other cause may be so strictly restrained as that none shall have conference with them thereby to avoid the contagion of their corrupt Religion And that no man who shall be suspected of Popery be suffered to be a Kéeper of any of your Majesties Prisons Answ. The Law in this case shall be put in execution and a Proclamation shall be to the effect desired And such Restraint shall be made as is desired And no man that is justly suspected of Popery shall be suffered to be Keeper of any his Majesties Prisons VII That your Majesty be pleased to take such Order as to your Princely wisdom shall be expedient That no natural born Subject or strange Bishops nor any other by authority from the Sea of Rome confer any Ecclesiastical Orders to exercise any Ecclesiastical Function whatsoever toward or upon your Majesties natural Subjects within your Dominions Answ. This is fit to be ordered according as is provided And it shall be so published by Proclamation VIII That your Majesties Learned Council may receive Order and commandment to consider of all former Grants of Recusants lands that such of them may be avoided as are made to the Recusants use or interest out of which the Recusant receiveth any benefit which are either void or voidable by they Law Answ. The King will give order to his Learned Council to consider of the Grants and will do according as is desired IX That your
Lordships according to the unanimous Advice of all the Iudges of England and his Majesties pleasure signified therein That the First Article propounded viz. You shall do all your pain and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within in your Bayliwick from time to time to all your power and assist and be helping to all Ordinaries and Commissioners of the Holy Church and favor and maintain them as oftentimes as you shall be required shall be left out in the Oath to be given to Sir Edward Cook and shall ever hereafter be left out in all Oaths to be given to the High Sheriffs of Counties hereafter And their Lordships do likewise Order according to the unanimous Advice of all the Iudges of England That the other thrée Articles doubted of shall stand in the said Oath to be ministred to the said Sir Edward Cook and to all other High Sheriffs as heretofore hath béen accustomed and that the Lord Keeper do give order to such Officers and Clerks in the Court of Chancery to whom it appertained to make out the Oath for the time to come according to present Order The expectation of a Parliament gave encouragement to the Bishop of Lincoln who yet retained the name of Lord Keeper notwithstanding his Sequestration several moneths before from the presence of the King the Council Table and the custody of the Seal to make an Address to his Majesty for a favorable interpretation of his actions But his carriage towards the Duke at the Parliament at Oxford was fresh in memory where the Bishop told the Duke in Christ-Church upon the Dukes rebuking him for siding against him That he was engaged with William Earl of Pembroke to labor the Redress of the Peoples Grievances and was resolved to stand upon his own Legs If that be your resolution said the Duke Look you stand fast and so they parted and shortly after that he was sequestred though the Seal was not disposed from him till the Thirtieth of October at which time it was given to Sir Thomas Coventry at hampton-Hampton-Court who was that day sworn of the Privy Council and sate there and sealed some Writs and afterwards came to the Term at Reading and sate there as Lord Keeper and heard Causes The King being pressed with his own Necessities and the Cry of the Nation against the Fruitless Voyage of Cadiz summoned a Parliament to meet in February and before the time of meeting his Majesty enjoyned the Archbishops and Bishops in both Provinces to proceed against Popish Recusants by Excommunication and other Censures of the Church and not to omit any lawful means of bringing them to Publick Justice especially he recommended to their vigilant care the unmasking and repressing of those who were not professed Papists yet disaffected to the true Religion and kept close their evil and dangerous affection and by secret means and slights did encourage and advance the growth of Popery This Command was seconded by a Proclamation requiring That all Convicted Papists should according to the Laws of this Realm remain confined to their dwelling places or within five miles thereof unless upon special Licences first obtained in Cases necessary Immediately before the Parliament Bishop Laud procured the Duke of Buckingham to sound the King concerning the Cause Books and Tenets of Mr. Richard Montague and understanding by what the Duke collected That the King had determined within himself to leave him to a Tryal in Parliament he said I seem to see a Cloud arising and threatning the Church of England God for his Mercy dissipate it About the same time the King declared his purpose to celebrate the Solemnity of his Coronation on Candlemas-day at the Palace of Westminster and required all persons who by reason of their Offices and Tenures were bound to perform any Duties at the Solemnitie to give their attendance and to be furnished in all respects answerable to an action of so high State according to their places and dignities Wherefore by a Commission under the Great Seal of England Sir Thomas Coventry Lord Keeper of the Great Seal Iames Lord Say High Treasurer of England Edward Earl of Worcester Keeper of the Privy Seal Thomas Earl of Arundel and Surrey Earl Marshal of England William Earl of Pembroke Lord High Chamberlain Edward Earl of Dorset and Sir Randol Crew Cheif Justice of the Common Pleas were authorised to receive and determine the Claims exhibited by any Person concerning Services to be performed at the approaching Coronation And the more to credit the Solemnity the King resolving to make certain of his Servants and other Subjects in regard of their Birth good Service and other Qualities Knights of the Bath Authorised Thomas Earl of Arundel and Surrey and Earl Marshal of England William Earl of Pembroke Lord Chamberlain to perform in his Majesties Name and behalf all the Rites and Ceremonies belonging thereto At the same time Writs were directed to all Sheriffs in the Realm of England and Dominions of Wales commanding them to make Proclamation That all such as had Forty pounds a year or more of Lands or Revenues in their own hands or the hands of Feoffees for their use for the space of Three years and are not yet Knights do at their perils prepare to present themselves in his Majesties Presence by the One and thirtieth of Ianuary to receive the Order of Knighthood Upon the asswaging of the great Pestilence through the Mercy and Goodness of God in withdrawing and almost removing the Scourge the King by His Royal Authority ordained a Publick and General Thanksgiving to be celebrated upon the Nine and twentieth of Ianuary being the Lords day in the Cities of London and Westminster and the places adjacent and on the Nineteenth of February in all other places of the Kingdom the manner and form whereof was prescribed by a Book composed by the Bishops according to his Majesties special Direction The Contagion ceasing the restraint enjoyned to the Citizens of London from resorting to Fairs for a time was taken off The number of those that died this year within and without the Walls of the City of London and in the Liberties and Nine out Parishes from the Sixteenth of December 24. to the Fifteenth of December 25. Was in Total Fifty four thousand two hundred sixty and five whereof of the Plague Thirty five thousand four hundred and seventeen On Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
impaired the same I would you would hasten for my Supply or else it will be worse for your selves For if any ill happen I think I shall be the last shall feel it Afterwards the Commons fell upon the Duke as the chief Cause of all Publick Miscarriages Doctor Turner a Physitian propounded in the House these Questions which were then commonly called Queries against the Duke of Buckingham and were grounded upon Publick Fame 1. Whether the Duke being Admiral be not the Cause of the loss of the Kings Royalty in the Narrow-Seas 2. Whether the unreasonable exorbitant and immense Gifts of Money and Lands bestowed on the Duke and his Kindred be not the Cause of impairing the Kings Revenue and impoverishing of the Crown 3. Whether the Multiplicity of Offices conferred upon the Duke and others depending upon him whereof they were not capable be not the Cause of the Evil Government of this Kingdom 4. Whether Recusants in general by a kind of Connivencie be not borne out and increased by reason of the Dukes Mother and father-in-Father-in-law being known Papists 5. Whether the Sale of Honors Offices and Places of Judicature and Ecclesiastical Livings and Promotions a scandal and hurt to the Kingdom be not through the Duke 6. Whether the Dukes staying at home being Admiral and General in the Fleet of the Sea and Land-Army were not the Cause of the bad success and overthrow of that Action And whether he did give good direction for that Design All these are famed to be so Hereupon two Questions were moved in Parliament 1. Whether the Six Heads delivered by Doctor Turner to be the Cause of the Evils that were grounded upon Common Fame be to be debated in Parliament 2. Whether an Accusation upon Common Fame by a Member of this House be a Parliamentary way It was declared by Sir Tho. Wentworth Mr. Noy and other Lawyers in the Debate That there was a difference between Common Fame and Rumor For the General voice Vox populi is Common Fame And if Common Fame might not be admitted as an Accuser Great men would be the onely safe men for no Private person dare adventure to enquire into their Actions But the House of Commons is a House of Information and Presentment but not a House of Definitive Judgment So the House came to this Resolution That Common Fame is a good ground of Proceeding for this House either by Enquiry or presenting the Complaint if the House finds cause to the King or Lords The Commons the next day proceeding in that Debate Sir Richard Weston delivered to the House this Message from his Majesty THat his Majesty had taken notice of a seditious Speech uttered in the House by Mr. Clement Cook The words are said to be to this effect That it were better to die by an Enemy then to suffer at home Yet his Majesty in his wisdom hath forborne to take any course therein or to send to the House about it not doubting but the House would in due time correct such an Insolence But his Majesty hath found that his patience hath wrought to an ill effect and hath imboldened one since to do a strange act in a strange way and unusual that is Doctor Turner who on Saturday last without any ground of knowledge in himself or Proof tendred to the House made an Enquiry of sundry Articles against the Duke of Buckingham as he pretended but indeed against the Honor and Government of the King and his late Father This his Majesty saith is such an Example that he can by no means suffer though it were to make Enquiry of the meanest of his Servants much less against one so neer unto himself and doth wonder at the foolish impudencie of any man that can think he should be drawn out of any end to offer such a Sacrifice much unworthy the greatness of a King and Master of such a Servant And therefore his Majesty can no longer use his wonted patience but desireth the Justice of the House against the Delinquents not doubting but such course will be taken that he shall not be constrained to use his Regal authority to right himself against these two Persons Upon this Message Doctor Turner made a short Explanation of himself desiring to know wherewith he was charged What he said he said the House can witness and what he said he spake for the general good of the Commonwealth and not upon the least reflection of any in particular This he thought a Parliamentary way warranted by antient Presidents To accuse upon Common Fame he finds warranted first by the Imperial Roman Laws and the Canons of the Church which allowed Common Fame sufficient to accuse any man And they that are learned amongst them give two reasons First for Greatness Next for Cunning. Our Ancestors within these walls have done the like and that to a Duke the Duke of Suffolk in the time of King H. 6. who was accused upon Fame And lastly he said Mr. Chancellor himself did present the Common Undertakers upon Particular Fame and why he should not have as ample priviledge in this place he knew no reason to the contrary The Commons having appointed another day for the Debate of this Business in the mean time came this Letter from Doctor Turner to the Speaker SIR THese Lines first Petition you to signifie to the Honorable House of Commons That my desires are still the same to have made my personal appearance before you but my ability and strength to perform it are not the same And therefore that I humbly desire them to excuse me on that part and to accept of this my Answer unto the matter I shall speak to I do confess that on Saturday last in the afternoon I did deliver in certain Accusations of Common Fame into the House of Parliament against my Lord Admiral and that out of so many all bearing the signiture of Vox populi I chose out some few not because they were greater or more known Grievances but because they did seem to direct us to find out the Griever or the first Cause For I did think it was then full time to agree the Agent and the Actions and that it was time also to leave considering Grievances in Arbitration I do now also agree unto you that which hath been reported unto you by Mr. Wandesford and by that if you shall think sit will put my self unto your Censure hoping and assuring my self that you will find my design to include nothing else within it but duty and publick service to my Country and also that my addressing those Accusations unto the House of Parliament shall by you be found to be done by a mannerly and Parliamentary way But howsoever it becomes me to submit my Cause to your Wisdoms and equal Iudgments which I do heartily and whatsoever you shall please to appoint me I shall dutifully satisfie when God shall be pleased to restore me able to attend your service I doubt
presented to and answered by the King And the Commons the same day resumed the Debate again concerning the Duke and Misgovernment and Misimployment of the Revenue c. Ordered the Duke to have notice again thereof The next day the King sent a Message to the House of Commons That they do to morrow at Nine of the clock attend his Majesty in the Hall at Whitehall and in the mean time all Proceedings in the House and Committee to cease Where his Majesty made this ensuing Speech My Lords and Gentlemen I Have called you hither to day I mean both Houses of Parliament but it is for several and distinct reasons My Lords you of the Upper House to give you thanks for the Care of the State of the Kingdom now and not only for the Care of your own Proceedings but for inciting your Fellow-House of the Commons to take that into their consideration Therefore my Lords I must not only give you thanks but I must also avow that if this Parliament do not redound to the good of this Kingdom which I pray God it may it is not your faults And you Gentlemen of the House of Commons I am sorry that I may not justly give the same thanks to you but that I must tell you that I am come here to shew you your errors and as I may call it Unparliamentary proceedings in this Parliament But I do not despair because you shall see your faults so cleerly by the Lord Keeper that you may so amend your Proceeding that this Parliament shall end comfortably and happily though at the beginning it hath had some rubs Then the Lord Keeper by the Kings command spake next MY Lords and you the Knights Citizens and Burgesses of the House of Commons You are here assembled by his Majesties commandment to receive a Declaration of his Royal pleasure which although it be intended only to the House of Commons yet his Majesty hath thought meet the matter being of great weight and importance it should be delivered in the presence of both Houses and both Houses make one General Council And his Majesty is willing that the Lords should be Witnesses of the Honor and Justice of his Resolutions And therefore the Errand which by his Majesties direction I must deliver hath relation to the House of Commons I must address my self therefore to you Mr. Speaker and the rest of that House And first his Majesty would have you to understand That there was never any King more loving to his People or better affectioned to the right use of Parliaments then his Majesty hath approved himself to be not only by his long patience since the sitting down of this Parliament but by those mild and calm Directions which from time to time that House hath received by Message and Letter and from his Royal mouth when the irregular humors of some particular persons wrought diversions and distractions there to the disturbance of those great and weighty Affairs which the Necessity of the Times the honor and safety of the King and Kingdom called upon And therefore his Majesty doth assure you that when these great Affairs are setled and that his Majesty hath received satisfaction of his reasonable Demands he will as a just King hear and answer your just Grievances which in a dutiful way shall be presented unto him and this his Majesty doth avow Next his Majesty would have you know of a surety That as never any King was more loving to his People nor better affectioned to the right use of Parliaments so never King more jealous of his Honor nor more sensible of the neglect and contempt of his Royal Rights which his Majesty will by no means suffer to be violated by any pretended colour of Parliamentary Liberty wherein his Majesty doth not forget that the Parliament is his Council and therefore ought to have the liberty of a Council but his Majesty understands the difference betwixt Council and Controlling and between Liberty and the Abuse of Liberty This being set down in general his Majesty hath commanded me to relate some particular passages and proceedings whereat he finds himself agrieved First Whereas a seditious speech was uttered amongst you by Mr. Cook the House did not as they ought to do censure and correct him And when his Majesty understanding it did by a Message by Mr. Chancellor of the Exchequer delivered to the House require Justice of you his Majesty hath since found nothing but protracting and delaies This his Majesty holds not agreeable to the wisdom and the duty which he expected from the House of Commons Secondly Whereas Doctor Turner in a strange Unparliamentary way without any ground of knowledge in himself or offering any particular proof to the House did take upon him to advise the House to enquire upon sundry Articles against the Duke of Buckingham as he pretended but in truth to wound the Honor and Government of his Majesty and of his renowned Father And his Majesty first by a Message and after by his own Royal mouth did declare That that Course of Enquiry was an Example which by no way he could suffer though it were against his meanest Servant much less against one so neer him and that his Majesty did much wonder at the foolish insolencie of any man that can think that his Majesty should be drawn out of any end to offer such a Sacrifice so unworthy of a King or a good Master Yet for all this you have been so far from correcting the Insolencie of Turner that ever since that time your Committees have walked in the steps of Turner and proceeded in an Unparliamentary Inquisition running upon generals and repeating that whereof you have made Fame the groundwork Here his Majesty hath cause to be exceeding sensible that upon every particular he finds the Honor of his Father stained and blemished and his own no less and withal you have manifested a great forwardness rather to pluck out of his bosom those who are neer about him and whom his Majesty hath cause to affect then to trust his Majesty with the future reformation of these things which you seem to aim at And yet you cannot deny but his Majesty hath wrought a greater Reformation in matters of Religion Execution of the Laws and concerning things of great importance then the shortness of his Reign in which he hath been hindred partly through sickness and the distraction of things which we could have wished had been otherwise could produce Concerning the Duke of Buckingham his Majesty hath commanded me to tell you That himself doth better know then any man living the sincerity of the Dukes proceedings with what cautions of weight and discretion he hath been guided in his publick Imployments from his Majesty and his blessed Father what Enemies he hath procured at home and abroad what peril of his person and hazard of his estate he ran into for the service of his Majesty and his ever blessed Father and how
his the said Ambassadors last return into Spain in the Summer An. 1622. To carry his Majesty then Prince into Spain to the end he might be informed and instructed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England From which misery this Kingdom next under Gods mercy hath by the wise religious and constant carriage of his Majesty been almost miraculously delivered considering the many bold and subtile attempts of the said Duke in that kind II. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his return framed as might serve for a ground to set on foot this Conspiracie The which was done accordingly and thereby the King and Prince highly abused and their Consents thereby first gotten to the said Journey that is to say after the return of the said Mr. Porter which was about the end of December or the beginning of Ianuary 1622. whereas the said Duke had plotted it many moneths before III. That the said Duke at his arrival in Spain nourished the Spanish Ministers not only in the belief of his own being Popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristols house and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore their Sacrament from time to time give the Spaniards hope of the Prince his Conversion The which Conversion he endeavored to procure by all means possible and thereby caused the Spanish Ministers to propound far worse Conditions for Religion then had been formerly by the Earl of Bristol and Sir Walter Aston setled and signed under their Majesties hands with a Clause in the King of Spain's Answer of Decemb. 12. 1622. That they held the Articles agreed upon sufficient and such as ought to induce the Pope to the granting of the Dispensation IV. That the Duke of Buckingham having several times in the presence of the Earl of Bristol moved and pressed his late Majesty at the instance of the Conde of Gondomar to write a Letter unto the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing of any such Letter that during the abode of the said Earl of Bristol in England the said Duke could not obtain it yet not long after the Earl was gone he procured such a Letter to be written from his late Majesty unto the Pope and to have him stiled Sanctissime Pater V. That the Pope being informed of the Duke of Buckingham's inclination and intention in point of Religion sent unto the said Duke a particular Bull in parchment for to perswade and encourage him in the perversion of his Majesty then Prince VI. That the said Dukes behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers as they would admit of no reconciliation nor further dealing with him Whereupon the said Duke seeing that the Match would be now to his disadvantage he endeavored to break it not for any service to the Kingdom nor dislike of the Match in it self nor for that he found as since he hath pretended that the Spaniards did not really intend the said Match but out of his particular ends and his indignation VII That after he intended to cross the Marriage he put in practice divers undue courses as namely making use of the Letters of his Majesty then Prince to his own ends and not to what they were intended as likewise concealing divers things of high importance from his late Majesty and thereby overthrew his Majesties purposes and advanced his own ends VIII That the said Duke as he had with his skill and artifices formerly abused their Majesties so to the same end he afterwards abused both Houses of Parliament by his sinister Relation of the carriage of Affairs as shall be made appear almost in every particular that he spake unto the said Houses IX As for scandal given by his personal behaviour as also the imploying of his power with the King of Spain for the procuring of Favors and Offices which he bestowed upon base and unworthy persons for the recompence and hire of his Lust These things as neither fit for the Earl of Bristol to speak nor indeed for the House to hear he leaveth to your Lordships wisdom how far you will be pleased to have them examined It having been indeed a great infamy and dishonor to this Nation that a Person of the Dukes great quality and imployments a Privy-Counsellor an Ambassador eminent in his Masters favor and solely trusted with the Person of the Prince should leave behind him in a Forein Court so much scandal as he did by his ill behaviour X. That the Duke hath been in great part the Cause of the ruine and misfortune of the Prince Palatine and his Estates in as much as those Affairs had relation unto this Kingdom XI That the Duke of Buckingham hath in his Relations to both Houses of Parliament wronged the Earl of Bristol in point of his Honor by many sinister aspersions which he hath laid upon him and in point of his Liberty by many undue Courses through his power and practices XII That the Earl of Bristol did reveal unto his late Majesty both by word and letter in what sort the said Duke had disserved him and abused his trust And that the King by several ways sent him word That he should rest assured he would hear the said Earl but that he should leave it to him to take his own time And thereupon few days before his sickness he sent the Earl word that he would hear him against the said Duke as well as he had heard the said Duke against him Which the Duke himself heard And not long after his blessed Majesty sickned and died having been in the interim much vexed and pressed by the said Duke Articles of the Earl of Bristol against the Lord Conway bearing Date 1 Maii 1626. I. THat the Lord Conway is so great a Servant of the Duke of Buckingham's that he hath not stuck to send the Earl of Bristol plain word That if businesses could not be accommodated betwixt him and the Duke he must then adhere and declare himself for the said Duke and therefore unfit to be a Judge in any thing that concerneth the Duke or the Earl II. That the said Lord Conway professeth himself to be a Secretary of the Duke of Buckingham's creation and so acknowledgeth it under his own hand And although that he be the Kings Secretary of State and a Privy-Counsellor he usually beginneth his Letters to the Duke Most gracious Patron III. That as a Creature of the said Dukes the said Lord Conway hath been made the Instrument of keeping the Earl of Bristol from the Kings presence and
into my hands not as an Attorney onely for the Prince But the King of Spain having taken the substitution of them by his Secretary of State entred in Legal form whereby that King was then become interessed in them by their occupation as well as the Prince by granting of them And becoming the Instrumentum stipulatum wherein they were both interessed they were deposited in my hands as an indifferent person trusted between the King of Spain and the Prince with a Declaration of the Trust. And now the Duke was returned out of Spain he plotted my ruine and put it in execution in this manner He concealed that the powers were to expire at Christmas and procured his Majesty to write a Letter not a direct Commandment but expressing a desire that the Desponsories should not be till one of the days in Christmas intending thereby to draw me into a Dilemma That if I proceeded in the Match this Letter should as now it is have been inforced against me as a breach of Instructions If I had not proceeded then I had broken my trust between the Prince and King of Spain overthrown the Marriage so long sought and labored it being the main scope of my Ambassage contrary to express Warrant and that upon a Letter I must needs know to be a mistake And when I had written into England to have a direct Warrant in the point the Duke then seeing that Plot would not take he dealt with divers great Lords as was well known to some of their Lordships there present to have me upon my arival in England committed to the Tower before I should ever come to speak with the King which the Spanish Ambassador here in England having gotten private notice of gave advertisement thereof to that King Who thereupon foreseeing my danger and consulting with his Council and Divines what were fit for him in Honor and Conscience to do in that Case they resolved That seeing my Sufferings grew by being an honest man and endeavoring to perform the trust reposed in me by that King as well as the Prince That King was bound both in Honor and Conscience not onely to preserve me from ruine but to make me a reparation for any loss I should sustain by occasion of the Trust Whereupon at his departure going to Court to take his leave the Conde de Olivares told me what was plotted against me in England and in respect of the danger by reason of the greatness of my Adversary pâ—rswaded me to stay there and in his Masters Name made an offer not in secret but in the presence of Sir Walter Aston Here he repeated those offers of Reward Honor and Preferment which we have mentioned before in order of time and at present pass it by he then proceeded and said Upon what grounds and hope came I to encounter with those dangers Not upon hope of my greatness in Court and strength of Friends there to bolster out an ill Cause no sure my strength was too weak and my adversaries too powerful But I knew my Conscience was clear and my Cause was good and trusted in God Almighty And to him now and to their Lordships judgments recommended my self and my Cause And then he delivered his Answer desiring their Lordships it might be after Recorded in Parchment that it might remain to posterity which being read by one of his Council the Lord Keeper asked him Whether he desired to say any more then he had done he answered That he had something more to say but knew not the order or whether Mr. Attorney would speak first but he being desired to speak He desired their Lordships he might put them in minde of what he conceived they had already promised which was That the Duke whom he accused in that House of far higher offences then any with which he was charged might be proceeded with as he was and that they might be upon equal Conditions And that such heads as he had delivered against the Duke being of such Matters as he met withal in his Negotiation as an Ambassador and which he had according to his duty acquainted the State withal might by their Lordships care and order be put into Legal form and prosecuted for so was the use when he had the honor to sit at the Council Table He said He conceived he had already done his part to inform and would be ready to make it good it concerning their Lordships to see it prosecuted it not being to be expected that he should solicit it or if he would he could not being under restraint And he desired likewise that the Judges might deliver their opinions Whether the matter charged against him were Treason that if it should not so be in their opinions he might not lie under so heavy a burthen He put their Lordships in minde that it was a strange manner of proceeding that upon a displeasure a Peer of the Kingdom complaining of those that had practised against him and had been the causers of his Sufferings should then and never but then be charged with Treason He told them it was not his case alone but it equally concerned them and their Posterity and it might be some others hereafter more then him now For he said he thanked God he had some experience in the World and thereby and by those things he had kept was able to make his innocency appear which perhaps would not be every mans hereafter and so many an honest heart in a good cause distracted with fears and abandoned of Friends might perish through the malice of a potent Adversary The Lords again asked him whether he had any thing more to say he answered No but desired leave onely to explain himself in two things one in his Speech now spoken and the other when he was first brought to the House That in his Speech this day was where he affirmed he had like to have been ruined in his Negotiation First For being a Puritan and now for being a Papist and both by one hand he explained it to be by the hand of the Duke of Buckingham And the other when he first came to the House saying there For Redress of former sufferings and meeting on the sudden with Treason charged upon him he spake in Passion expressing the Wrongs and Injuries done him by the Duke and told their Lordships he had used means to convey part of his Sufferings to the late King his Master who in the Dukes hearing sware he would after he had heard the Duke against him hear him also against the Duke for which his Majesty suffered much or to some such purpose Now he understandeth this Speech to reflect upon what was in Agitation in the Lower House but he said although he could not well excuse the Dukes indiscretion in that point yet he spake it not any ways to corroborate that opinion For howsoever the Duke were his enemy yet he could not think so dishonorably of him The Answer of the Earl of Bristol to
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
the old Rent remaining still the Land may be surendred at the same value Whether this have been practised he could not affirm not having had time to examine it yet he desired the Lords to enquire after it the rather for that the Manor of G. in Lincolnshire being dismembred and Seventeen pounds of the old Rents sold out of it was by a Surrender turned back upon his Majesty 4. The fourth point of this Branch was The colourable Tallies divers parcels of these Lands had from the Crown in lieu of this surrender being sold and contracted for by his own Agent and the money received by himself or to his use and yet Tallies were stricken out as if it had really come to the Exchequer for his Majesties service This is to be proved by his own Officers by the Officers of the Exchequer and by the Tallies themselves which Tallies amount unto 20563 l. 16 s. 8 d. Whence he observed First That there ran a trade of Falshood toward the King throughout all this his dealing Secondly That this was a Device thought upon to prevent the wisdom of Parliament for by this means the Grant seems to have the face of valuable purchases whereas they were indeed free gifts Thirdly If the Title of those Lands should prove questionable it appearing by Record as if the King had received the money he was bound in honor to make restitution and yet the Duke had the profit But it may be said This was the Purchasors desire for their own security Of which objection he made this use That the Subjects generally took notice of so much Lands given to the Duke that there is good cause 〈◊〉 expect a Resumption In the second general branch of this Article concerning Money the first point observed was the Total sum received by him in Ten years space amounting to 162995 l. besides the Grant he hath of the Overplus above Three thousand pounds per annum to be made of the Third imposed upon Strangers goods and besides the Moyetie of Seven thousand pounds out of the Customs of Ireland which he is bound to pay to the King but whether it hath been paid or no is doubtful This he delivered as a Sum Estimative yet so computed as it may be more but not less And this Total ariseth by free gifts by Pensions to himself else by profit of Farms by Pensions to others For Offices whereof he received the profit as the Admiralty and Mastership of the Horse All which appear by a Schedule annexed to this Charge The Grievances consist in this That the Commonwealth hath been bereaved of the use and imployment of so Publick Treasure in a time of as great want and great occasions in this State as it hath had in many Ages when the expences of the Kings Court can hardly be supplied when his Houses and Castles are unfurnished when the Seas have been unguarded the Coasts subject to the incursion and spoil of Enemies by default of provision in the Navy to the dishonor of the Nation and damage of the Subjects and the hazard of the whole And the offence in this that the wants in the Navy and the Stores being within his own Charge he was no more sensible of them whereby it appears he preferred the serving of his own turn before his duty and before the safety of this State The second point observed in this branch was That the Duke under pretence of secret services hath procured great sums of money to be issued by Privy-seals to sundry persons named by himself but afterward imployed to his own use Hereof two instances are propounded The one of Eight thousand pounds paid to Sir Robert Pye 12 Aug. 1620. and by him disbursed for the Dukes purchase of Burleigh and Sir Robert Pye discharged by another Privy-seal 4 Iunii following The second instance is of Sixty thousand pounds paid to Burlimach by a Privy-seal in September 1625. Which time he rather noted because the Parliament at Oxford was broken up a little before out of discontent that the King was not supplied for the setting out of the Fleet which would have been done with a less sum For the proof of that the House of Commons will offer to your Lordships Witnesses The quality of this offence he left to their Lordships judgment yet propounding some things by way of enquiry from whence it might receive measure and proportion 1. Whether it had not affinity with the Crime in the Civil Law called Crimen peculatus which was when a man did unjustly turn to his own use that money which was either sacra dedicated to Gods service religiously or religiosa used about Funerals and Monuments of the dead or publica of which kind the matter now in question is And this offence by that Law was Death and Confiscation of goods and estate Which he notes the rather that their Lordships might perceive that in the wisest State the Publick Treasure was held in the same reputation with that which was dedicated to God and Religion 2. And whether it doth not resemble◠other Crime in the same Law termed Crimen falsi and is defined to be when a man shall imitatione veri suum compendium alieno dispendio per dolum facere by semblance of truth make gain to himself of other mens losses Which in the case of a Bondman was Death and in case of another man Banishment and Confiscation or otherwise very penal as the Judges should find cause of moderation or rigor in the nature and circumstances of the Fact 3. Whether their Lordships will estimate it according to any Sentences in the Star-chamber which have been very frequent in cases of Fraud Or according to the common-Common-Law which so much detests this kind of dealing as that they term it Covin and make it vitiate ordinary and lawful actions Or lastly whether they will measure it by that Judgment which the Duke hath pass'd against himself in the guilt of his own Conscience Direct Actions are not afraid to appear open-faced but Injustice and Fraud desire to be masked with Subtilty and Closeness It were offence enough if there were no more but a cunning concealing of unthankfulness to hide his Majesties bounty or guilt of unworthiness as if he durst not avow the receit of that which he had not merited both which proceed from Malum culpae Or else that other kind of guilt which proceeds from Malum poenae the fear of punishment foreseeing this Inquisition into his actions and hoping under this disguise of Publick service to escape their Lordships censure The third point in this branch is That he hath received sundry sums of money intended for the maintenance of the Navy whereof there are two instances the one whereof is 20000 l. the other of 30000 l. both in Ianuary 1624. By Privy-seal by the which these sums are issued they appear to be Free gifts But by the affirmation of some in answer for the Duke it hath been said He was only the hand
for Posterity to strike at the propriety of their Goods contrary to the piety and intention of your Majesty so graciously exprest And these being the true Grounds and Motives of his forbearance to the said Loan shewing such inconveniences in Reason and representing it an Act contradicting so many of your Laws and most of them by the most prudent and happiest of our Princes granted which could not without presumption beyond pardon in your Suppliant in taking to himself the Dispensation of those Laws so piously Enacted by him be violated or impeached In the fulness of all Submission and Obedience as the Apology of his Loyalty and Duty he lowly offers to your most Sacred Wisdom for the satisfaction of your Majesty most humbly praying your Majesty will be graciously pleased to take them into your Princely consideration where when it shall appear as he doubts not but from hence it will to your déep judgment that no factious humor nor disaffection led on by stubbornness and will hath herein stirred or moved him but the just Obligation of his Conscience which binds him to the service of your Majesty in the observânce of your Laws he is hopeful presuming upon the Piety and Iustice of your Majesty that your Majesty according to your innate Clemency and Goodness will be pleased to bestow him to your Favor and his Liberty and to afford him the benefit of those Laws which in all humility he craves Notwithstanding the said Petition he still continued a prisoner in the Gate-house till the general Order of Discharge came Sir Peter Hayman refusing to part with Loan-money was called before the Lords of the Council who charged him with refractoriness and with an unwillingness to serve the King and told him if he did not pay he should be put upon service Accordingly they commanded him to go upon his Majesties service into the Palatinate and having first setled his estate he undertook and performed the journey and afterwards returned into England Archbishop Abbot having been long slighted at Court now fell under the Kings high displeasure for refusing to Licence Doctor Sibthorps Sermon as he was commanded intituled Apostolical Obedience and not long after he was sequestred from his Office and a Commission was granted to the Bishops of London Durham Rochester Oxford and Doctor Laud Bishop of Bath and Wells to execute Archiepiscopal Jurisdiction The Commission as followeth CHARLS by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Right Reverend Father in God George Bishop of London and to the Right Reverend Father in God Our Trusty and Welbeloved Counsellor Richard Lord Bishop of Durham and to the Right Reverend Father in God Iohn Lord Bishop of Rochester and Iohn Lord Bishop of Oxford to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellor William Lord Bishop of Bathe and Wells Greeting WHereas George now Archbishop of Canterbury in the right of the Archbishoprick hath several and distinct Archiepiscopal Episcopal and other Spiritual and Ecclesiastical Powers and Iurisdictions to be exercised in the Government and Discipline of the Church within the Province of Canterbury and in the Administration of Iustice in Causes Ecclesiastical within that Province which are partly executed by himself in his own person and partly and more generally by several persons nominated and authorised by him being learned in the Ecclesiastical Laws of this Realm in those several places whereunto they are deputed and appointed by the said Archbishop Which several places as We are informed they severally hold by several Grants for their several lives as namely Sir Henry Martin Knight hath and holdeth by the Grants of the said Archbishop the Offices and places of the Dean of the Arches and Iudge or Master of the Prerogative Court for the Natural life of the said Sir Henry Martin Sir Charls Caesar Knight hath and holdeth by Grants of the said Archbishop the places or Offices of the Iudge of the Audience and Master of the Faculties for the term of the Natural life of the said Sir Charls Caesar. Sir Thomas Ridley Knight hath and holdeth by the Grant of the said Archbishop the place or Office of Uicar-General to the said Archbishop And Nathaniel Brent Doctor of the Laws hath and holdeth by Grant of the said Archbishop the Office or place of Commissary to the said Archbishop as of his proper and peculiar Diocess of Canterbury And likewise the several Registers of the Arches Prerogative Audience Faculties and of the Uicar-General and Commissary of Canterbury hold their places by Grants from the said Archbishop respectively Whereas the said Archbishop in some or all of these several places and Iurisdictions doth or may sometimes assume unto his personal and proper Iudicature Order or Direction some particular Causes Actions or Cases at his pleasure And forasmuch as the said Archbishop cannot at this present in his own person attend these Services which are otherwise proper for his Cognisance and Iurisdiction and which as Archbishop of Canterbury he might and ought in his own person to have performed and executed in Causes and Matters Ecclesiastical in the proper Function of Archbishop of that Province We therefore of Our Regal Power and of Our Princely Care and Providence that nothing shall be defective in the Order Discipline Government or Right of the Church have thought fit by the Service of some other Learned and Reverend Bishops to be named by Us to supply those things which the said Archbishop ought or might in the Cases aforesaid to have done but for this present cannot perform the same Know ye therefore That We reposing special Trust and Confidence in your approved Wisdoms Learning and Integrity have nominated authorised and appointed and do by these presents nominate authorise and appoint you the said George Lord Bishop of London Richard Lord Bishop of Durham John Lord Bishop of Rochester John Lord Bishop of Oxford and William Lord Bishop of Bathe and Wells or any four thrée or two of you to do execute and perform all and every those Acts Matters and things any way touching or concerning the Power Iurisdiction or Authority of the Archbishop of Canterbury in Causes or Matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop himself might have done And We do hereby Command you and every of you to attend perform and execute this Our Royal Pleasure in and touching the premisses until We shall declare Our Will and Pleasure to the contrary And We do further hereby Will and Command the said Archbishop of Canterbury quietly and without interruption to permit and suffer you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells any four thrée or two of you to execute and perform this Our Commission according to Our Royal Pleasure thereby signified And We do further Will
and written divers Books and know very well what appertaineth to the Schools This is a new kinde of Learning unto me I have formerly found fault that the Author of this Sermon quoteth not the places whereupon he grounds his Doctrine and when I have oft called for them it is replied unto me that I must take them upon the credit of the Writer which I dare not do for I have searched but one place which he quoted in general but sets down neither the words nor the Treatise nor the Chapter and I finde nothing to the purpose for which it is quoted and therefore I have reason to suspect all the rest I pray you therefore in the humblest manner to commend my service to the King my Master and let him know that unless I may have all the Quotations set down that I may examine them and may have that writing wherein I am so ill used I cannot allow the Book Before I go further it shall not be amiss to touch some particulars of that which I sent in writing to the King The first was Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative To this Mr. Murrey said The King doth not plead it But my Reply was By what then doth he coerce those Refractories for I have not heard of any Law whereby they are imprisoned and therefore I must take it to be by the Kings Prerogative To the second Page 8. The Kings duty is first to direct and make Laws There is no Law made till the King assent unto it but if it be put simply to make Laws it will cause much startling at it To this I remember not any material thing answered neither to the third Page 10. If nothing may excuse from active obedience but what is against the Law of God or of Nature or impossible How doth this agree with the first Fundamental Position Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live This is a fourth Case of Exception And here before I go to the rest the Doctor did truly hit upon a good point in looking to the Laws and Customs if he could have kept him to it for in my memory and in the remembrance of many Lords and others that now live Doctor Haresenet the then Bishop of Chichester and now of Norwich in Parliament time Preached a Sermon at Whitehal which was afterward burned upon the Text Give unto Caesar the things that be Caesars Wherein he insisted That Goods and Money were Caesars and therefore they were not to be denied unto him At this time when the whole Parliament took main offence thereat King Iames was constrained to call the Lords and Commons into the Banqueting-house at Whitehal and there his Majesty calmed all by saying The Bishop onely failed in this when he said the Goods were Caesars he did not adde They were his according to the Laws and Customs of the Countrey wherein they did live So moderate was our Caesar then as I my self saw and heard being then an eye and ear witness for I was then Bishop of London To the fourth The Poll-Money in St. Matthew was imposed by the Emperor as a Conqueror over the Iews and the execution of it in England although it was by a Law produced a terrible effect in King Richard the Second's time when onely it was used for ought that appeareth Here the Bishop in the Paper excepted divers things as That sometimes among us by Act of Parliament strangers are appointed to pay by the Poll which agreeth not with the Case and that it was not well to bring examples out of weak times whereas we live in better but that it was a marvelous fault the blame was not laid upon the Rebels of that Age. Those are such poor things that they are not worth the answering But my Objection in truth prevailed so far that in the Printed Book it was qualified thus Poll-Money other persons and upon some occasions where obiter I may observe That my refusing to sign the Sermon is not to be judged by the Printed Book for many things are altred in one which were in the other To the fifth Page 12. It is in the bottome view the Reign of Henry the Third whether it be fit to give such allowance to the Book being surreptiously put out To this it was said That being a good passage out of a blame-worthy Book there was no harm in it But before the Question of Sibthorps Treatise the Bishop of Bathe himself being with me found much fault with that Treatise as being put out for a scandalous Parallel of those times To the sixth in the same Page Let the largeness of those words be well considered Yea all Antiquity to be absolutely for absolute Obedience to Princes in all Civil or Temporal things For such Cases as Naboths Vineyard may fall within this Here the Bishop was as a man in a rage and said That it was an odious comparison for it must suppose that there must be an Ahab and there must be a Iezabel and I cannot tell what But I am sure my Exception standeth true and reviling and railing doth not satisfie my Argument All Antiquity taketh the Scripture into it and if I had allowed that proportion for good I had been justly beaten with my own Rod. If the King the next day had commanded me to send him all the Money and Goods I had I must by mine own rule have obeyed him and if he had commanded the like to all the Clergy-men in England by Doctor Sibthorps proportion and my Lord of Canterburies allowing of the same they must have sent in all and left their Wives and Children in a miserable case Yea the words extend so far and are so absolutely delivered That by this Divinity if the King should send to the City of London and the Inhabitants thereof commanding them to give unto him all the wealth which they have they were bound to do it I know our King is so gratious that he will attempt no such matter but if he do it not the defect is not in these flattering Divines who if they were called to question for such Doctrine they would scarce be able to abide it There is a Meum and a Tuum in Christian Commonwealths and according to Laws and Customs Princes may dispose of it that saying being true Ad Reges potestas omnium pertinet ad singulos proprietas To the seventh Page 14. Pius Quintus was dead before the year One thousand five hundred and eighty They make no Reply but mend it in the Printed Book changing it into Gregory the Thirteenth To the last in the same Page weigh it well How this Loan may be called a Tribute and when it is said We are promised shall not be immoderately imposed How that agreeth with his Majesties Commission and Proclamation which are quoted in the Margent
attendeth the humor of the heedless Multitude that are full of jealousie and distrust and so unlike to comply to any unusual Course of Levy but by force which if used the effect is fearful and hath been fatal to the State Whereas that by Parliament resteth principally on the Regal person who may with ease and safety mould them to his fit designs by a gracious yielding to their just desires and Petitions If a Parliament then be the most speedy assurance and safe way it is fit to conceive what is the fairest way to act and work that to the present need First for the time of usual Summons Forty days reputed to be too large for this present Necessity it may be by dating the Writs lessened since it is no positive Law so that a care be had that there may a County-day after the Sheriff hath received the Writ before the time of sitting If then the Sum to be levied be once granted and agreed of for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively who under such assurance may safely give Security proportionable to the Receipts to such as shall adventure in present for the Publick service any Sums of money The last and weightiest Consideration if a Parliament be thought fit is How to remove or comply the Differences between the King and Subjects in their mutual demands And what I have learned amongst the better sort of the Multitude I will freely declare that your Lordships may be the more enabled to remove and answer those Distrusts that either concern Religion publick safety of the King and State or the just Liberty of the Commonwealth Religion is a matter that they lay nearest to their Consciences and they are led by this ground of jealousie to doubt some practices against it First for that though the Spanish Match was broken by the careful industry of my Lord of Buckingham out of his religious care as he then declared that the Articles there demanded might lead to some such Sufferance as might endanger the quiet if not the state of the Reformed Religion here yet there have when he was an Actor principal in the Conditions of France as hard if not worse to the preservation of our Religion passed then those with Spain And the suspect is strengthened by the close keeping of this Agreement and doubt in them of his affection in that his Mother and others many his Ministers of near imploiment about him are so affected They talk much of his advancing men Popishly devoted to Places in the Camp of nearest service and chief Command and that the Recusants have got these late years by his power more courage and assurance then before If to clear these doubts which perhaps are worse in fancie then in truth he take a course it might much advance the Publick service against the squeamish humors that have more of violent Passion then of setled Judgment and are not the least of the opposite number in the Commonwealth The next is The late misfortunes and losses of Men Munition and Honor in the late Undertakings abroad which the more temperate spirits impute to want of Council and the more sublime Wits to Practice They begin with the Palatinate and lay the fault of the loss thereof on the imputed Credit of Gondomar distrusting him for the staying of supply to Sir Horatio Vere when Colonel Cecil was cast on that imployment by which the King of Spain became Master of the Kings Childrens Inheritance And when Count Mansfield had a Royal supply of Forces to assist the Princes of our party for the recovety thereof either Plot or Error defeated the enterprise for us to Spains advantage That Sir Robert Mansfields Expedition to Algiers should purchase only the security and guard of the Spanish Coasts To spend many Hundred thousand pounds in the Cadiz-Voyage against the Advice in Parliament only to warn the King of Spain to be in readiness and so our selves weakned is taken for a sign of an ill affection amongst the Multitude The spending of much Munition Victuals and Money in my Lord Willoughbies Journey is counted an unthrifty error in the Director of it To disarm our selves in fruitless Voyages may seem a plot of danger It was held not long ago a fundamental Rule of our Neighbors and our Security by the old Lord Burleigh That nothing can prevent the Spanish Monarchy but a Fastness of those two Princes whose Amity gave countenance and courage to the Netherlands and German-Princes to make head against his Ambition And we see by this disunion a fearful Defeat hath happened to the King of Denmark and that party to the advantage of the Austrian Family And this waste of Publick Treasure in fruitless Expeditions will be an important Cause to hinder any new Supply in Parliament Another fear that may disturb the smooth and speedy passage of the Kings desires in Parliament is the vast waste of the Kings livelihood whereby is like as in former times to arise this jealousie and fear That when he hath not of his own to support his ordinary Charge for which the Lands of the Crown were setled unalterable and called Sacrum patrimonium Principis that then he must needs of necessity rest upon those assistances of the people which ever were only collected and consigned for the Commonwealth from whence it is like there will be no great labor and stiffness to induce his Majesty to an Act of Resumption since such desires of the State have found an easie way in the will of all Princes from the Third Henry unto the last But that which is like to pass the deepest into their Disputes and care is the late Pressures they supposed to have been done upon the Publick Liberty and Freedom of the Subject in commanding their Goods without assent by Parliament imprisoning and confining their Persons without special Cause declared and that made good against them by the Judges lately and pretending a Writ to command their attendances in Forein war All which they are like to enforce as repugnant to any positive Laws Institutions and Customary Immunities of this Commonwealth And these dangerous distastes to the people are not a little improved by the unexampled course as they conceive of retaining an Inland Army in Winter-season when former times of general fear as in Eighty eight produced none such And makes them in their distracted fears to conjecture idly it was raised wholly to subject their Fortunes to the will of Power rather then of Law and to make good some further breach upon their Liberties and Freedoms at home rather then defend us from any force abroad How far such Jealousies if they meet with any unusual disorder of lawless Soldiers are an apt distemper of the loose and needy Multitude which will easily turn away upon any occasion in the State that they can side withall as a glorious pretence of Religion and Publick safety when their true
unuseful It is needful that you make a good and timely supply of Treasure without which all Councels will prove fruitless I might press many Reasons to this end but I will but name few First for his Majesties sake who requires it Great is the duty which we owe him by the Law of God great by the Law of Nature and our own Allegiance great for his own merit and the memory of his ever blessed Father I do but point at them But methinks our thoughts cannot but recoil on one Consideration touched by his Majesty which to me seems to sound like a Parliamentary Pact or Covenant A War was advised here Assistance professed yea and protested here I do but touch it I know you will deeply think on it and the more for the example the King hath set you His Lands his Plate his Jewels he hath not spared to supply the War What the People hath protested the King for his part hath willingly performed Secondly for the Cause sake It concerns us in Christian charity to tender the distresses of our Friends abroad It concerns us in Honor not to abandon them who have stood for us And if this come not close enough You shall find our Interest so woven and involved with theirs that the Cause is more ours then theirs If Religion be in peril we have the most flourishing and Orthodox Church If Honor be in question the Stories and Monuments in former Ages will shew that our Ancestors have left us as much as any Nation If Trade and Commerce be in danger we are Islanders it is our life All these at once lie at stake and so doth our safety and being Lastly in respect of the manner of his Majesties demand which is in Parliament the way that hath ever best pleased the Subjects of England And good cause for it For Aids granted in Parliament work good effects for the People they be commonly accompanied with wholsom Laws gracious Pardons and the like Besides just and good Kings finding the love of their People and the readiness of their Supplies may the better forbear the use of their Prerogatives and moderate the rigor of the Laws towards their Subjects This way as his Majesty hath told you he hath chosen not as the onely way but as the fittest Not as destitute of others but as most agreeable to the goodness of his own most gracious disposition and to the desire and weal of his people If this be deferred Necessity and the Sword of the Enemy make way to the others Remember his Majesties Admonition I say remember it Let me but add and observe Gods mercy towards this Land above all others The Torrent of War hath overwhelmed other Churches and Countries but God hath hitherto restrained it from us and still gives us warning of every approaching danger to save us from surprise And our gracious Soveraign in a true sense of it calls together his High Court of Parliament the lively Representation of the Wisdom Wealth and Power of the whole Kingdom to join together to repell those hostile Attempts which have distressed our Friends and Allies and threatned our selves And therefore it behoves all to apply their Thoughts unto Councel and Consultations worthy the greatness and wisdom of this Assembly To avoid discontents and divisions which may either distemper or delay And to attend that Unum Necessarium the Common Cause propounding for the scope and work of all the Debates the general good of the King and Kingdom whom God hath joined together with an indissoluble knot which none must attempt to cut or untie And let all by unity and good accord endeavour to pattern this Parliament by the best that have been that it may be a Pattern to future Parliaments and may infuse into Parliaments a kind of Multiplying power and faculty whereby they may be more frequent and the King our Soveraign may delight to sit on his Throne and from thence to distribute his graces and favors amongst his people His Majesty hath given you cause to be confident of this you have heard from his Royal mouth which nevertheless he hath given me express command to redouble If this Parliament by their dutiful and wise proceedings shall but give this occasion His Majesty will be ready not onely to manifest his gracious acceptation but to put out all memory of those distastes that have troubled former Parliaments I have but one thing more to adde and that is As your Consultations be serious so let them be speedy The Enemy is before-hand with us and â—lies on the wings of Success We may dally and play with the Hour-glass that is in our power but the Hour will not stay for us and an Opportunity once lost cannot be regained And therefore resolve of your Supplies that they may be timely and sufficient serving the Occasion Your Councel your Aid all is but lost if your Aid be either too little or too late And his Majesty is resolved that his Affairs cannot permit him to expect it over-long Sir Iohn Finch being chosen Speaker made this Address to his Majesty Wednesday the Nineteenth of March. Most Gracious Soveraign YOur obedient and loyal Subjects the Knights Citizens and Burgesses by your Royal Summons here assembled in obedience to your gracious direction according to their antient usage and priviledge have lately proceeded to the Choice of a Speaker And whether sequestring their better Judgments for your more weighty Affairs or to make it known that their Honor and Wisdom can take neither increase or diminution by the value or demerit of any one particular Member in what place soever serving them Omitting others of worth and ability they have fixed their eyes of favor and affection upon me Their long knowledge of my unfitness every way to undergo a charge of this important weight and consequence gave me some hope they would have admitted my just excuse Yet for their further and clearer satisfaction I drew the Curtains and let in what light I could upon my inmost thoughts truly and really discovering to them what my self best knew and what I most humbly beseech your Royal Majesty to take now into your consideration that of so many hundreds sitting amongst them they could have found few or none whose presentation to your Majesty would have been or less repute or advantage to them for et impeditioris linguae sum and the poor experience I have of that Royal Assembly is so ill ballanced with true Judgement that every gust and wave hath power on me whereby I shall not onely suffer in my own particular but which I apprehend with much more care and sorrow do prejudice to their common interest Wherefore dread and dear Soveraign as low as the lowest step of your Royal Throne I humbly bend appealing to your great and Soveraign Judgement for my discharge from this so unequal a burthen imposed on me most humbly and earnestly beseeching your most excellent Majesty for the Honor of that Great
Council and the better digestion of Publick services there and withal to avert so ill an Omen as the choise of me in the beginning of a Parliament ordained I hope for the joy of our own and the envy of other Nations that by your gracious Command the House may reconsult and settle their better thoughts on some more worthy their Election and your Majesties Approbation But his Majesty not admitting his excuse approved of the choise Before the Commons had entred into any Debates this following Letter touching the Inconveniencies and Grievances of the State was communicated to the Members of the House and it was called A Speech without doors To my noble friends of the Lower-House of Parliament IF my Country had held me worthy to have served in this Parliament I had now been made a Member of your Lower-House as formerly I have been in sundry other Parliaments But how unkindly soever she dealeth with me I will ever shew my thankfulness to her and deliver by way of observation what I have heretofore learned in that grave and wise Assembly for admonishment to the elder and a path-way for the younger to walk in Parliaments in my time have been wont to take up some space at the first meetings to settle the House and to determine of unlawfull Elections and in this point they never had greater cause to be circumspect then at this time For by an Abuse lately crept in there is introduced a custom which if it be not foreseen and prevented will be a great derogation to the Honor and a weakning to the power of your House Where the Law giveth a freedom to Corporations to elect Burgesses and forbideth any indirect course to be taken in their Elections many of the Corporations are so base-minded and timerous that they will not hazard the indignation of a Lord Lieutenants Letter who underhand sticks not to threaten them with the charge of a Musket or a Horse at the Muster if that he hath not the Election of the Burgesses and not they themselves And commonly those that the Lords recommend are such as desire it for protection or are so ignorant of the place they serve for as that there being occasion to speak of the Corporation for which they are chosen they have asked their Neighbors sitting by whether it were a Sea or a Land Town The next thing that is required is Liberty of Speech without which Parliaments have little force or power Speech begets doubts and resolves them and doubts in Speeches beget understanding he that doubts much asketh often and learns much and he that fears the worst soonest prevents a mischief This Priviledge of Speech is anciently granted by the testimony of Philip Comines a Stranger who prefers our Parliaments and the Freedom of the Subject in them above all other Assemblies which Freedom if it be broken or diminished is negligently lost since the dayes of Comines If freedom of Speech should be prohibited when men with modesty make repetition of the Grievances and Enormities of the Kingdom when men shall desire reformation of wrongs and injuries committed and have no relation of evil thought to his Majesty but with open heart and zeal express their dutifull and reverent respect to him and his service I say if this kinde of liberty of Speech be not allowed in time of Parliaments they will extend no further then to Quarter-Sessions and their Meetings and Assembles will be unnecessary for all means of disorder new crept in and all remedies and redresses will be quite taken away As it is no manners to contest with the King in his Election of Councellors and Servants for Kings obey no men but their Laws So were it a great negligence and part of Treason for a Subject not to be free in Speech against the abuses wrongs and offences that may be occasioned by persons in Authority What Remedy can be expected from a Prince to the Subject if the enormities of his Kingdom be concealed from him Or what King so religious or just in his own nature that may not hazard the loss of the hearts of his Subjects without this Liberty of Speech in Parliament For such is the misfortune of most Princes and such is the unhappiness of Subjects where Kings affections are setled and their loves so far transported to promote servants as they onely trust and credit what they shall inform In this Case what Subject dares complain or what Subject dares contradict the words or actions of such a servant if it be not warranted by freedom of a Parliament they speaking with humility For nothing obtaineth favor with a King so much as diligent obedience The surest and safest way betwixt the King and his people which hath least scandal of partiality is with indifference with integrity and sincerity to examine the Grievances of the Kingdom without touching upon the person of any man further then the cause giveth occasion For otherwise you shall contest with him that hath the Princes ears open to hearken to his inchanting tongue he informs secretly when you shall not be admitted to excuses he will cast your deserved malice against him to your contempt against the King and seeking to lessen his Authority and so will make the Prince the Shield of his Revenge These are the sinister practices of such servants to deceive their Soveraigns when our Grievances shall be authentically proved and made manifest to the World by your pains to examine and freedom to speak No Prince can be so affectionate to a servant or such an Enemy to himself as not to admit of this indifferent proceeding If his services be allowable and good they will appear with glory if bad your labor shall deserve thanks both of Prince and Country When Justice shall thus shine people will be animated to serve their King with integrity For they are naturally inclined to imitate Princes in good and bad The words of Cicero will then appear That malicious and evil men make Princes poor and one perfect good man is able to make a Realm rich One Case I will instance that is common in the mouths of all men and generally vox Populi vox Dei One of quality in the last Expedition to the Isle of Rhee endeavored to conceale the number of men lost in the last encounter and confidently affirmed their number not to exceed three or four hundred till a Doctor of Physick out of tenderness of Conscience and duty to his Majesty could not dissemble the vulgar and true Report but acquainted his Majesty with Two thousand of his Subjects there lost This was so contrary to the first information and so displeasing to the Informer and his Designs that he caused the Physitians remove from his Highness presence who yet remains in kinde of a banished man The truth of these two Reports is easily determined by the Clerks of the Bands of each Company and is worthy to be discovered for Truth sake Truth being so Noble of it self as
the best way for Reformation And will not this be a happy union if the whole body concur to reduce all into regularity if Laws be our Birth-rights we shall hereby recover them and their splendor this will have good aspect abroad and it will give courage to our men that have been despised and will prevent practises to continue divisions amongst us both at home and abroad The first Sower of seeds of distractions amongst us was an Agent of Spain Gondomar that did his Master great service here and at home Since that we have had other Ministers that have blown the fire The Ambassador of France told his Master at home what he had wrought here the last Parliament namely divisions between King and people and he was rewarded for it Whilst we sit here in Parliament there was another intended Parliament of Jesuites and other well-willers within a mile of this place that this is true was discovered by Letters sent to Rome The place of their meeting is changed and some of them are there where they ought to be if you look in your Calendar there is a day of St. Ioseph it was called in the Letter the Oriental day and that was the day intended for their meeting I speak this to see Gods hand to work our union in their division they are not more rent from us then they are from themselves I desire the meanest judgement to consider what may follow by giving precedency to his Majesty and by so doing we shall put from our selves many imputations If we give any occasion of breach it is a great disadvantage if otherwise it is an obligation to his Majesty which his Majesty will not forget Then he made a motion that the same Committee may hear Propositions of general heads of Supply and afterward go to other businesses of the day for Grievances Others preferred the Consideration of Grievances as a particular root that invades the main liberty of the Subject It is the Law said they that glorious fundamental Right whereby we have power to give we desire but that his Majesty may see us have that right therein which next to God we all desire and then we doubt not but we shall give his Majesty all supply we can The time was when it was usual to desire favors for sowing discords as Gondomar did for Raleigh's head But the debates of this day came to no Resolution The day following Mr Secretary Cook tendred the House certain Propositions from the King touching Supply and told them That his Majesty finding time precious expects that they should begin speedily lest they spend that time in deliberation which should be spent in action that he esteems the Grievances of the House his own and stands not on Precedence in point of honor Therefore to satisfie his Majesty let the same Committee take his Majesties Propositions into consideration and let both concur whether to sit on one in the forenoon or the other in the afternoon it is all one to his Majesty Hereupon the House turned themselves into a Committee and commanded Edward Littleton Esquire unto the Chair and ordered the Committee to take into Consideration the Liberty of the Subject in his Person and in his Goods and also to take into Consideration his Majesties Supply In this Debate the Grievances were reduced to six Heads as to our Persons 1. Attendance at the Council Board 2. Imprisonment 3. Confinement 4. Designation for Forein Imployment 5. Martial-Law 6. Undue Proceedings in matter of Judicature The first matter debated was the Subjects Liberty in his Person the particular instance was in the Case of Sir Iohn Heveningham and those other Gentlemen who were imprisoned about Loan-money and thereupon had brought their Habeas Corpus had their Case argued and were nevertheless remanded to Prison and a Judgment as it was then said was entred Whereupon Mr. Creswell of Lincolns-Inn spake to this purpose Justice said he is the Life and the Heart-blood of the Common-wealth and if the Commonwealth bleed in the master vein all the Balm in Gilead is but in vain to preserve this our Body of Policy from ruin and destruction Justice is both Columna Corona Reipublicae She is both the Columne and the Pillar the Crown and the Glory of the Commonwealth this is made good in Scripture by the Judgement of Solomon the wisest King that ever Raigned upon Earth For first She is the Pillar for he saith By Justice the Throne shall be Established Secondly She is the Crown for he saith That by Justice a Nation shall be Exalted Our Laws which are the rules of this Justice they are the ne plus ultra to both the King and the Subject and as they are the Hercules Pillar so they are the Pillar to every Hercules to every Prince which he must not pass Give me leave to resemble her to Nebuchadnezar's Tree for she is so great that she doth shade not onely the Palace of the King and the House of Nobles but doth also shelter the Cottage of the poorest Begger Wherefore if either now the blasts of indignation or the unresistable violater of Laws Necessity hath so bruised any of the Branches of this Tree that either our Persons or Goods or Possessions have not the same shelter as before yet let us not therfore neglect the root of this great Tree but water it with our Tears that so these bruised Branches may be recovered and the whole Tree again prosper and flourish I know well that Cor regis inscrutabile and that Kings although they are but men before God yet they are gods before men And therefore to my gracious and dread Soveraign whose vertues are true qualities ingenerate both in his judgment and nature let my arm be cut off nay let my soul not live that day that I shall dare to lift up my arm to touch that forbidden Fruit those Flowers of his Princely Crown and Diadem But yet in our Eden in this Garden of the Commonwealth as there are the Flowers of the Sun which are so glorious that they are to be handled only by Royal Majesty So are there also some Daysies and wholesom Herbs which every common hand that lives and labors in this Garden may pick and gather up and take comfort and repose in them Amongst all which this Oculus Diei this bona libertas is one and the chief one I will now descend to the Question wherein I hold with all dutiful submission to better judgments that these acts of Power in imprisoning and consining of his Majesties Subjects in such manner without any Declaration of the Cause are against the fundamental Laws and Liberties of this Kingdom The first from the great favor which the Law doth give unto and the great care which it hath ever taken of the Liberty and safety of this Kingdom To proceed therefore in maintenance of my first reasons I find our Law doth so much favor the Subjects Liberty of
his person that the body of a man was not liable to be arrested or imprisoned for any other Cause at the common-Common-Law but for force and things done against the Peace For the Common-Law being the preserver of the Land so abhorreth force that those that commit it she accounteth her capital Enemies and therefore did subject their bodies to imprisonment But by the Statute of Marlebridge cap. 24. which was made 35 H. 3. who was the eighth King from the Conquest because Bailiffs would not render accompts to their Lords it was enacted that their bodies should be attatched And after by the Stat 23 E. 3.17 who was the eleventh King after the Conquest because men made no conscience to pay their Debts it was enacted that their bodies should likewise be attached But before those Statutes no mans body was subject to be taken or imprisoned otherwise then as aforesaid whereby it is evident how much the Common-Law favored the Liberty of the Subject and protected his body from imprisonment Here he enforced the Reason by a Rule in Law and mentioned some Cases in Law upon that rule and so proceeded to a second Reason drawn by an Argument à majore ad minus I frame it thus said he If the King have no absolute power over our Lands or Goods then à fortiori not over our Persons to imprison them without declaring the cause for our persons are much more worth then either Lands or Goods which is proved by what I have said already And Christ himself makes it clear where he saith An non est corpus supra vestimentum Is not the Body of more worth then the Raiment Nay I may well say that almost every leaf and page of all the Volumes of our Common-Law prove this right of Propriety this distinction of meum and tuum as well between King and Subject as one Subject and another And therefore my conclusion follows that if the Prerogative extend not neither to Lands nor to Goods then à fortiori not to the Person which is more worth then either Lands or Goods as I said And yet I agree that by the very Law of Nature service of the Person of the Subject is due to his Soveraign but this must be in such things which â—re not against the Law of Nature but to have the body imprisoned without any cause declared and so to become in bondage I am sure is contrary unto and against the Law of Nature and therefore not to be inforced by the Soveraign upon his Subjects 3. My next Reason is drawn ab inutili incommodo for the Statute de frangentibus prisonám made 1 E. 2. is Quod nullus qui prisonam fregerit subeat judicium vitae vel membrorum pro fractione prisonae tantum nisi causa pro qua captus imprisonetur tale judicium requirat whence this conclusion is clearly gathered that if a man be committed to prison without declaring what cause and then if either Malefactor do break the Prison or the Gaoler suffer him to escape albeit the Prisoner so escaping had committed crimen laesae Majestatis yet neither the Gaoler nor any other that procured his escape by the Law suffer any corporal punishment for setting him at large which if admitted might prove in consequence a matter of great danger to the Commonwealth 4. My next Reason is drawn ab regis honore from that great Honor the Law doth attribute unto Soveraign Majesty and therefore the rule of Law is that Solum Rex hoc non potest facere quod non potest justè agere And Hussey chief Justice 1 H. 7. saith that Sir Iohn Markham told King E. 4. he could not arrest a man either for Treason or Felony as a Subject might because that if the King did wrong the party could not have an Action against him and if the Kings Writ under his Great-Seal cannot imprison the Subject unless it contains the cause shall then the Kings Warrant otherwise do it without containing the cause that his Judge upon the return thereof may likewise judge of the same But I will conclude with that which I finde reported of Sir Iohn Davis who was the Kings Serjeant and so by the duty of his place would no doubt maintain to his uttermost the Prerogatives of the King his Royal Master And yet it was by him thus said in those Reports of his upon the Case of Tavistry-Customs That the Kings of England alwayes have had a Monarchy Royal and not a Monarchy Seignoral where under the first saith he The Subjects are Freemen and have Propriety in their Goods and Free-hold and Inheritance in their Lands But under the later they are as Villains and Slaves and have propriety in nothing And therefore said he When a Royal Monarch makes a new conquest yet if he receives any of the Nations ancient Inhabitants into his Protection they and their heirs after them shall enjoy their Lands and Liberties according to the Law And there he vouched this President and Judgment following given before William the Conqueror viz. That one Sherborn a Saxon at the time of the Conquest being owner of a Castle and Lands in Norfolk the Conqueror gave the same to one Warren a Norman and Sherborn dying the heir claiming the same by discent according to the Law it was before the Conqueror himself adjudged for the heir and that the gift thereof by the Conqueror was void Upon this and other Arguments made in this Case of the Habeas Corpus the House referred the whole Business to a Committee to examine all the Proceeding Concerning which Mr Selden afterward made report to the House that Mr Waterhouse a Clerk in the Crown Office being examined before the Committee did confess that by direction from Sir Robert Heath the Kings Attorney-General he did write the draught of a Judgement in the Case before mentioned which was delivered to Mr Attorney And Mr Keeling being examined before the Committee did confess that after Mich Tâ—â—m last the Attorney General wished him to make a special Entry of 〈◊〉 Habeas Corpus To which he answered he knew no special Entry in those Cases but onely a remittitur But said to Mr Attorney that if he pleased to draw one and the Court afterwards assent to it he would then enter it The Attorney did accordingly make a draught and the Copy thereof Mr Keeling produced to the Committee And further said that he carried this draught to the Judges but they would not assent to a special Entry Nevertheless the At. General divers times sent to him and told him there was no remedy but he must enter it Yet a week before the Parliament the Att. General called for the draught again which accordingly he gave unto him and never heard of it more Sir Robert Philips upon this Report gave his opinion That this intended Judgement in the Habeas Corpus was a draught made by some man that desired to strike us all from our Liberties but
lege regerentur And though the Book of Litchfield speaking of the times of the Danes says then Ius sopitum erat in regno leges consuetudines sopitae sunt and prava voluntas vis violentia magis regnabant quam Judicia vel Justitia yet by the blessing of God a good King Edward commonly called St. Edward did awaken those Laws and as the old words are Excitatas reparavit reparatas decoravit decoratas confirmavit which Confirmavit shews that good King Edward did not give those Laws which William the Conqueror and all his Successors since that time have sworn unto And here my Lords by many Cases frequent in our modern Laws strongly concurring with those of the ancient Saxon Kings I might if time were not more precious demonstrate that our Laws and Customs were the same I will onely intreat your Lordships leave to tell you That as we have now even in those Saxon times they had their Court Barons and Court Leets and Sheriffs Courts by which as Tacitus says of the Germanes their Ancestors Iura reddebant per pagos vicos and I do believe as we have now they had their Parliaments where new Laws were made cum consensu Praelatorum Magnatum totius Communitatis or as another writes cum consilio Praelatorum Nobilium sapientium Lâ—icorum I will add nothing out of Glanvile that wrote in the time of Hen. 2. or Bracton that writ in the days of Hen. 3. onely give me leave to cite that of Fortescue the learned Chancellor to Hen. 6. who writing of this Kingdom says Regnum istud moribus nationum regum temporibus eisdem quibus nunc regitur legibus consuetudinibus regebatur But my good Lords as the Poet said of Fame I may say of our Common Law Ingrediturque solo caput inter nubila condit Wherefore the cloudy part being mine I will make haste to open way for your Lordships to hear more certain Arguments and such as go on more sure grounds Be pleased then to know that it is an undoubted and fundamental Point of this so ancient Common Law of England That the Subject hath a true property in his goods and possessions which doth preserve as sacred that meum tuum that is the nurse of Industry and mother of Courage and without which there can be no Justice of which meum tuum is the proper object But the undoubted Birthright of true Subjects hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land and when according to the Laws and Statutes of this Realm redress hath been sought for in a legal way by demanding Habeas Corpus from the Judges and a discharge by trial according to the Law of the Land success hath failed that now inforceth the Commons in this present Parliament assembled to examine by Acts of Parliament Precedents and Reasons the truth of the English Subjects liberty which I shall leave to learned Gentlemen to argue NExt after Sir Dudly Diggs spake Mr. Ed Littleton of the Inner-Temple That their Lordships have heard that the Commons have taken into consideration the matter of personal Liberty and after long debate thereof they have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or restrained in Prison by the command of the King or Privy Councel or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with other of their Members to represent unto your Lordships the true grounds of their resolution and have charged me particularly leaving the reasons of Law and Precedents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and Commons by several Acts of Parliament the Authority whereof is so great that it can receive no Answer save by Interpretation or Repeal by future Statutes And these I shall minde your Lordships of are so direct in the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted in the 17th year of King Iohn and renewed in the 9 tâ— year of Hen. 3. and since confirmed in Parliament above 30. times the words there are Chap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatar nec super eum ibimus nec eum mittemus nisi per legale judicium Parium suorum vel per legem terrae He then proceeded to open and argued learnedly upon the several Particulars in the last recited Clause of Magna Charta and further shewed That no invasion was made upon this personal Liberty till the time of King Ed. 3. which was soon resented by the Subject for in the 5. Ed. 3. Chap. 9. it is enacted That no man from henceforth shall be attached on any occasion nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the Form of the great Charter and the Law of the Land and 25 Edw. 3. Chap. 4. it is more full and doth expound the words of the grand Charter which is thus Whereas it is contained in the grand Charter of the Franchises of England that none shall be Imprisoned nor put out of his Freehold nor free Custom unless it be by the Law of the Land it is awarded assented and established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Councel unless it be by Indictment or Presentment of his good and lawful People of the the same neighborhood which such Deed shall be done in due maner or by process made by Wâ—it original at the common Law nor that none be outed of his Franchises nor Office Freehold unless it be duly brought in Answer and fore-judged of the same by the course of the Law and that if any thing be done against the same it shall be redressed and holden for none and 28 Ed. 3. Chap. 3. it is more direct this Liberty being followed with fresh suit by the Subject where the words are not many but very full and significant That no man of what state and condition he be shall be put out of his Lands nor Tenements nor taken nor imprisoned nor disinherited nor put to death without it be brought in Answer by due process of the Law Several other Statutes were cited by him in confirmation of this point of the Liberty of the Subject The Kings Councel afterward made Objections to the said Argument
and ought not to be denied and is directeâ— to the Keeper of the Prison in whose custody the Prisoner remains commanding him that after a certain day he bring in the body of the Prisoner cum causa detentionis and sometimes cum causa captionis and he with his return filed to the Writ bringeth the Prisoner to the Bar at the time appointed and the Court judgeth of the sufficiency or insufficiency of the retuâ—n and if they finde him baylable committitur Marescallo the proper Prison belongeth to the Court and then afterward traditur in ball But if upon the return of the Habeas Corpus it appear to the Court that the Prisoner ought not to be bayled nor discharged from the Prison whence he is brought then he is remanded and sent back again to continue till by due course of Law he may be delivered and the entâ—y of this is remittitur quousque secundum legem deliberatus fuerit or remittitur quousque c. which is all one and the highest award of Judgement that ever was or can be given upon a Habeas Corpus Your Lordships have heard the resolution of the House of Commons touching the enlargement of a man committed by the command of the King or the privy Councel or any other without cause shewed of such commitment which resolution as it is grounded upon Acts of Parliament already shewen the reason of the Law of the Land being committed to the charge of another to open unto unto you so it is strengthened by many Precedents of Records He then produced twelve Precedents full and directly in the point to prove that persons so committed ought to be delivered upon bayl which were distinctly opened and read to their Lordships then he also offered to their consideration other kind of Precedents which were solemn resolutions of Judges things not of Record but yet remain in Authentick Copies which Precedents and Authorities we omit for the length thereof He then proceeded and said The House of Commons desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the 34. year of the Queen cited in the case of Sir Iohn Heveningham by the Kings Councel as Arguments against his not being bayled have got into their hands a Book of select Cases collected by the reverend and learned Judge Chief Justice Anderson all written with his own hand which he caused to be read being the same which hath been already mentioned in the Collections of this Parliament which Precedents saith he do fully resolve enough for the maintenance of the ancient and fundamental point of Liberty of the Person to be regained by Hab. Corp. when any is imprisoned Then he concluded that having thus gone through the charge committed to him by the House of Commons he should now as he had leave and direction given him lest their Lordships should be put to much trouble and expence of time in finding and getting Copies at large of those things which he had cited offer also to their Lordships Authentick Copies of them all and so left them and whatever else he had said to their Lordships further consideration LAst of all Sir Edward Cook took up the Argument as to the rational part of the Law and began with this Introduction Your Lordships have heard 7. Acts of Parliament in point and 31. Precedents summarily collected and with great understanding delivered which I have perused and understand them all throughly 12. of the Precedents are in terminis terminantibus a whole Jury of Precedents and all in the point I am much transported with joy because of the hope of good success in this weighty business your Lordships being so full of Justice and the very Theme and Subject doth promise success which was Corpus cum cansa the freedom of an English man not to be imprisoned without cause shewn which is my part to shew and the reason and the cause why it should be so wherein I will not be prolix nor copious for to guild Gold were idle and superfluous And after he had cleared some doubts made of the Statute of Westminster which saith That the Sheriffs and others in some cases may not replevin men in Prison he proceeded further and said That all those Arguments offered unto your Lordships in this last conference are of a double nature 1. Acts of Parliament 2. Judicial Precedents For the first I hold it a proper Argument for your Lordships because you my Lords temporal and you my Lords spiritual gave your assent unto those Acts of Parliament and therefore if these cannot perswade you nothing can For the second which are Judicial Precedents it is Argumentum ab authoritate and Argumentum ab authoritate valet affimative that is I conceive though it be no good Argument to say negatively the Judges have given no opinion in the point 3. It is good Law which I fortifie with a strong Axiome Neminem oportet sapientiorem esse legibus Now these two arguments being so well pressed to your Lordships by my Colleagues I think your Lordships may wonder what my part may be it is short but sweet it is the Reason of all those Laws and Precedents and Reason must needs be welcome to all men for all men are not capable of the understanding of the Law but every man is capable of Reason and those Reasons I offer to your Lordships in affirmance of the antient Laws and Precedents made for the Liberty of the Subject against Imprisonment without cause expressed 1. A re ipsa 2. A minore ad majus 3. From the remedies provided 4. From the extent and universality of the same 5. From the infiniteness of the time 6. A Fine The first general Reason is a re ipsa even from the nature of Imprisonment ex visceribus causae for I will speak nothing but ad idem be it close or other Imprisonment and this Argument is three-fold because an imprisoned man upon will and pleasure is 1. A Bond-man 2. Worse then a Bond-man 3. Not so much as a man for mortuus homo non est homo a Prisoner is a dead man 1. No man can be imprisoned upon will and pleasure of any but he that is a Bond-man and villain for that Imprisonment and Bondage are Propria quarto modo to villains now Propria quarto modo and the species are convertible Whosoever is a Bond-man may be imprisoned upon will and pleasure and whosoever may be imprisoned upon will and pleasure is a Bondman 2. If free men of England might be imprisoned at the will and pleasure of the King or his commandment then were they in worse case then Bondmen or villains for the Lord of a villain cannot command another to imprison his villain without cause as of disobedience or refusing to serve as it is agreed in the year books And here he said that no man should reprehend any thing that he said out of Books or Records he said he would prove
a free man imprisonable upon command or pleasure without cause expressed to be absolutely in worse case then a villain and if he did not make this plain he desired their Lordships not to believe him in any thing else and then produced two Book Cases 7. Edw. 3. fol. 50. in the new print 348. old print A Prior had commanded one to imprison his villain the Judges were ready to bayl him till the Prior gave his reason that he refused to be Bayliff of his Manour and that satisfied the Judges 2d Case 33. Edw. 3. title Tresp 253. in Faux imprisonment it was of an Abbot who commanded one to take and detain his villain but demanded his cause he gives it because he refused being thereunto required to drive his Cattel Ergo free men imprisoned without cause shewn are in worse case then villains that must have a cause shewn them why they are imprisoned 3. A Free man impisoned without cause is so far from being a Bondman that he is not so much as a man but is indeed a dead man and so no man imprisonment is in Law a civil death perdit domum familiam vicinos patriam and is to live amongst wretched and wicked men Malefactors and the like And that death and imprisonment was the same he proved by an Argument ab effectis because they both produce the like immediate effects he quoted a Book for this If a man be threatned to be killed he may avoid seoffment of Lands gifts of goods c. so it is if he be threatned to be imprisoned the one is an actual the other is a civil death And this is the first general Argument drawn a re ipsa from the nature of imprisonment to which res ipsa consilium dedit The second general Reason he took also from his books for he said he hath no Law but what by great pains and industry he learnt at his book for at ten years of age he had no more Law then other men of like age and this second reason is a minore ad majus he takes it from Bracton Minima poena corporalis est major qualibet pecuniaria But the King himself cannot impose a fine upon any man but it must be done judicially by his Judges per justitiarios in Curia non per regem in Camera and so it hath been resolved by all the Judges of England he quoted 3. R. 2. fo 11. The third general Reason is taken from the number and diversity of remedies which the Laws give against imprisonment Viz. Breve de homine replegiando De odio atia De Habeas Corpus An appeal of Imprisonment Breve de manucaptione The latter two of these are antiquated but the Writ De odio atia is revived for that was given by the Statute of Magna Charta Cha. 26. and therefore though it were repealed by Statute of 42. E. 3. by which it is provided that all Statutes made against Magna Charta are void now the Law would never have given so many remedies if the free men of England might have been imprisoned at free will and pleasure The fourth general Reason is from the extent and universality of the pretended power to imprison for it should extend not onely to the Commons of this Realm and their Posterities but to the Nobles of the Land and their progenies to the Bishops and Clergy of the Realm and their Successors And he gave a cause why the Commons came to their Lordships Commune periculum commune requirit auxilium Nay it reacheth to all persons of what condition or sex or age soever to all Judges and Officers whose attendance is necessary c. without exception and therefore an imprisonment of such an extent without reason is against reason The fifth general Reason is drawn from the indefiniteness of time the pretended power being limited to no time it may be perpetual during life and this is very hard to cast an old man into prison nay to close prison and no time allotted for his coming forth is a hard case as any man would think that had been so used And here he held it an unreasonable thing that a man had a remedy for his Horse or Cattle if detained and none for his body thus indefinitely imprisoned for a Prison without any prefixed time is a kinde of Hell The sixth and last Argument is a Fine and sapiens incipit a Fine and he wisht he had begun there also and this Argument he made three-fold Ab honesto This being less honourable Ab utili This being less profitable A tuto This Imprisonment by will and pleasure being very dangerous for King and Kingdom 1. Ab honesto It would be no honour to a King or Kingdom to be a King of Bond-men or Slaves the end of this would be both Dedecus Damnum both to King and Kingdom that in former times hath been so renowned Ab utili It would be against the profit of the King and Kingdom for the execution of those Laws before remembred Magna Charta 5. Ed. 3. 25. Ed. 3.28 Ed. 3. whereby the King was inhibited to imprison upon pleasure You see quoth he that this was vetus querela an old question and now brought in again after seven Acts of Parliament I say the execution of all these Laws are adjudged in Parliament to be for the common profit of the King and People and he quoted the Roll this pretended power being against the profit of the King can be no part of his Prerogative He was pleased to call this a binding Reason and to say that the wit of man could not answer it that great men kept this Roll from being Printed but that it was equivalent in force to the printed Rolls 3. A Reason a tuto It is dangerous to the King for two respects first of loss secondly of destroying of the endeavors of men First if he be committed without the expression of the cause though he escape albeit in truth it were for treason or felony yet this escape is neither felony nor treason but if the cause be expressed for suspicion of treason or felony then the escape though he be innocent is treason or felony He quoted a Cause in print like a reason of the Law not like Remittitur at the rising of the Court for the Prisoner traditur in ballium quod breve Regis non fuit susficiens causa The Kings Command He quoted another famous Case Commons in Parliament incensed against the Duke of Suffolk desire he should be committed The Lords and all the Judges whereof those great Worthies Prescot and Fortescue were two delivered a flat opinion that he ought not to be committed without an especial Cause He questioned also the name and etymologie of the Writ in question Corpus cum causa Ergo the Cause must be brought before the Judge else how can he take notice hereof Lastly he pressed a place in the Gospel Acts 25. last verse which Festus conceives is an
absurd and unreasonable thing to send a Prisoner to a Roman Emperor and not to write along with him the Cause alledged against him send therefore no man a Prisoner without his causes along with him Hoc fac vives and that was the first reason a tuto that it was not safe for the King in regard of Loss to commit men without a Cause The second Reason is That such commitments will destroy the endeavors of all men Who will endeavor to imploy himself in any profession either of War Merchandise or of any liberal knowledge if he be but Tenant at will of his Liberty for no Tenant at will will support or improve any thing because he hath no certain estate Ergo to make men Tenants at will of their Liberties destroys all industry and endeavors whatsoever And so much for these six principal Reasons A re ipsa A minore ad majus A remediis From the extent and universality From the infiniteness of the time A fine Loss of Honor. Loss of Profit Loss of Security Loss of Industry These were his Reasons Here he made another Protestation That if remedy had been given in this Case they would not have medled therewith by no means but now that remedy being not obtained in the Kings Bench without looking back upon any thing that hath been done or omitted they desire some provision for the future onely And here he took occasion to adde four Book Cases and Authorities all in the Point saying That if the learned Councel on the other side could produce but one against the Liberties so pat and pertinent oh how they would hug and cull it 16. H. 6. tit monstrance de faits 82. by the whole Court the King in his Presence cannot command a man to be arrested but an action of false imprisonment lieth against him that arresteth if not the King in his royal Presence then none others can do it Non sic itur ad astra 1. Hen. 7.4 Hussey reports the opinion of Markham chief Justice to Edw. 4. that he could not imprison by word of mouth and the reason because the party hath no remedy for the Law leaves every man a remedy of causless imprisonment he added that Markham was a worthy Judge though he fell into adversities at last by the Lord Rivers his means Fortescue Chap. 8. Proprio ore nullus Regum usus est to imprison any man c. 4. Eliz. Times blessed and renowned for Justice and Religion in Pl. 235. the common Law hath so admeasured the Kings Prerogative as he cannot prejudice any man in his inheritance and the greatest inheritance a man hath is the liberty of his Person for all others are accessary to it for thus he quoted the Orator Major haereditas venit unicuique nostrum a Jure legibus quam a parentibus And these are the four Authorities he cited in this point Now he propounded and answered two Objections First in point of State Secondly in the Course held by the House of Commons May not the Privy Councel commit without cause shewed in no matter of State where secrecie is required would not this be an hinderance to his Majesties service It can be no prejudice to the King by reason of matter of State for the cause must be of a higher or lower nature if it be for suspicion of Treason misprision of Treason or Felony it may be by general words couched if it be for any other thing of smaller nature as contempt and the like the particular cause must be shewed and no individuum vagum or uncertain cause to be admitted Again if the Law be so clear as you make it why needs the Declaration and Remonstrance in Parliament The Subject hath in this Case sued for remedy in the Kings Bench by Habeas Corpus and found none therefore it is necessary to be cleared in Parliament And here ends his Discourse And then he made a recapitulation of all that had been offered unto their Lordships That generally their Lordships had been advised by the most faithful Counsellors that can be dead men these cannot be daunted by fear nor muzled by affection reward or hope of preferment and therefore their Lordships might safely believe them particularly their Lordships had three several kinds of Proofs 1. Acts of Parliament judicial Precedents good Reasons First you have had many ancient Acts of Parliament in the Point besides Magna Charta that is seven Acts of Parliament which indeed are thirty seven Magna Charta being confirmed thirty times for so often have the Kings of England given their royal Assents thereunto 2. Judicial Precedents of grave and reverend Judges in terminis terminantibus that long since departed the world and they were many in number Precedents being twelve and the Judges four of a Bench made four times twelve and that is forty eight Judges 3. You have as he tearmed them vividas rationes manifest and apparent Reasons Towards the conclusion he declared to their Lordships That they of the House of Commons have upon great study and serious Consideration made a great manifestation unanimously Nullo contradicente concerning this great liberty of the Subject and have vindicated and recovered the Body of this fundamental Liberty both of their Lordships and themselves from shadows which sometimes of the day are long sometimes short and sometimes long again and therefore we must not be guided by shadows and they have transmitted to their Lordships not capita rerum Heads or Briefs for these compendia are dispendia but the Records at large in terminis terminantibus and so he concluded that their Lordships are involved in the same danger and therefore ex congruo condigno they desired a Conference to the end their Lordships might make the like Declaration as they had done Commune periculum commune requirit auxilium and thereupon take such further course as may secure their Lordships and them and all their Posterity in enjoying of their ancient undoubted and fundamental Liberties The two next days were spent in the Debate about Billeting of Soldiers upon the Subject against Law THursday the 10. of April Mr. Secretary Cook delivered this Message from the King That his Majesty desireth this House not to make any recess these Easter Holidays that the world may take notice how earnest his Majesty and we are for the publique affairs in Christendom the which by such a recess would receive interruption THis Message for non-recess was not well pleasing to the House SIr Robert Phillips first resented it and took notice That in 12. and 18. Iac. upon the like intimation the House resolved it was in their power to adjourn or sit hereafter said he this may be put upon us by Princes of less Piety let a Committee consider hereof and of our right herein and to make a Declaration And accordingly this matter touching his Majesties pleasure about the recess was referred to a Committee and to consider
of the Kings Bench this Law will not bend and when it lights on Subjects fitting if it do not bend it is unjust And there comes in the Law of the Chancery and of Equity this is Application of Law in private mens Causes when it comes to Meum tuum And thus the general Government of Cases with relation to the common State of the Kingdom is from the Council Board and there they are to vary from the Law of the Kingdom Suppose it be in time of Dearth Propriety of Goods may in that time be forced and be brought to the Market We saw the experience of it in Coals in London and the Council Board caused them to be brought forth and sold. In a time of Pestilence men may be restrained If a Schism be like to grow in a Church the State will enquire after the favorers of it if there be feaâ— of Invasion and it be encouraged by hope of a Party amongst us it is in the power of Government to restrain men to their houses In the Composure of these things there is great difference What differences have been between the Courts of Chancery and Kings Bench It is hard to put true difference between the Kings Prerogative and our Liberties His Majesty saw expence of time would be prejudicial it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties let us attend to all the parts of it there be Five Degrees and there is more assurance then we could have by any Law whatsoever His Majesty declares That Magna Charta and the other Statutes are in force This is not the first time that the Liberty of the Subject was infringed or was in Debate and confirmed all times thought it safe that when they came to a Negative of Power it was hard to keep Government and Liberty together but his Majesty stopped not there but according to the sense of these Laws That he will govern his Subjects in their just Liberties he assures us our Liberties are just they are not of Grace but of Right nay he assures us he will govern us according to the Laws of the Realm and that we shall finde as much security in his Majesties Promise as in any Law we can make and whatsoever Law we shall make it must come to his Majesties allowance and if his Majesty finde cause in his Government he may not put life to it We daily see all Laws are broken and all Laws will be broke for the Publique good and the King may pardon all Offenders his Majesty did see that the best way to settle all at unity is to express his own heart The Kings heart is the best guarder of his own promise his promise is bound with his heart What Prince can express more care and wisdom Lastly he saith That hereafter ye shall never have the like cause to complain May we not think the breach is made up is not his Majesty ingaged in his Royal word The conclusion is full of weight and he prayes God that as God hath blessed this Kingdom and put it into his heart to come amongst us so to make this day successful The wrath of a King is like the roaring of a Lyon and all Laws with his wrath are to no effect but the Kings favour is like to the dew of the grass there all will prosper and God made the Instruments to unite all hearts His Majesty having thus discharged himself he prayes us to proceed to the business that so much concerns him As his Majesty hath now shewed himself the best of Kings let us acknowledge his Majesties goodness and return to that Union which we all desire But this motion was not received with general acceptation and Sir Benjamin Rudyard replyed to it in these words WE are now upon a great business and the maner of handling it may be as great as the business it self Liberty is a precious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for mine own part I am clear without scruple that what we have resolved is according to the Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him ere now out of all question the very scope and drift of Magna Charta was to reduce the Regal to a Legal Power in matter of Imprisonment or else it had not been worthy so much contending for It is true That the King ought to have a trust reposed in him God forbid but he should and I hope it is impossible to take it from him for it lies not in the wit of man to devise such a Law as shall comprehend all particulars all accidents but that extraordinary Causes may happen which when they come if they be disposed of for the common good there will be no Law against them yet must the Law be general for otherwise Admissions and Exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of Nature to govern the ordinary course of things he hath made no Law for Miracles yet there is this observation of them that they are rather praeter naturam then contra naturam and always propter bones fines So the Kings Prerogatives are rather besides the Law then against it and when they are directly to their ends for the publique good they are not onely concurring Laws but even Laws in singularity and excellency But to come nearer let us consider where we are now what steps we have gone and gained The Kings learned Councel have acknowledged all the Laws to be still in force the Judges have not allowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolutions intire and without prejudice All this hitherto is for our advantage but above all his Majesty hath this day himself being publiquely present declared by the mouth of the Lord Keeper before both the Houses That Magna Charta and the other six Statutes are still in force That he will maintain his Subjects in the Liberties of their Persons and Proprieties of their Goods That he will govern them according to the Laws of the Kingdom this is a solemn and binding satisfaction expressing his gracious readiness to comply with his people in their reasonable and just desires The King is a good Man and it is no diminution to a King to be called so for whosoever is a good Man shall be greater then a King that is not so The King certainly is very tender of his present Honor and of his Fame hereafter He will think it hard to have a worse mark set upon him then upon any of his Ancestors by extraordinary restraints His Majesty hath already intimated unto us by a Message That he doth willingly give way to have the abuse of Power reformed by which I
do verily believe he doth very well understand what a miserable power it is which hath produced so much weakness to Himself and to the Kingdom And it is one happiness that he is so ready to redress it For mine own part I shall be very glad to see that old decrepite Law Magna Charta which hath been so long kept and lien bed-rid as it were I shall be glad to see it walk abroad again with new vigor and lustre attended and followed with the other six Statutes questionless it will be a great heartning to all the people I doubt not but upon a debating conference with the Lords we may happily fall upon a fair fit accommodation concerning the Liberty of our Persons and Propriety of our Goods I hope we may have a Bill to agree in the point against imprisonment for Loans or privy Seals As for intrinsecal power and reason of State they are matters in the Clouds where I desire we may leave them and not meddle with them at all left by the way of admittance we may lose somewhat of that which is our own already Yet this by the way I will say of reason of State That in the latitude by which 't is used it hath eaten out almost not onely the Laws but all the Religion of Christendom Now I will onely remember you of one Precept and that of the wisest man Be not over wise be not over just and he gives his reason for why wilt thou be desolate If Justice and Wisdom may be stretcht to desolation let us thereby learn that Moderation is the Vertue of Vertues and Wisdom of Wisdoms Let it be our Master-piece so to carry the business that we may keep Parliaments on foot For as long as they be frequent there will be no irregular Power which though it cannot be broken at once yet in short time it will be made and mouldred away there can be no total or final loss of Liberties as long as they last What we cannot get at one time we shall have at another Upon this debate it was ordered That a Committee of Lawyers do draw a Bill containing the substance of Magna Charta and the other Statutes that do concern the Liberty of the Subject which business took up two whole days Thursday the first of May. MAster Secretary Cook delivers a Message from his Majesty viz. to know whether the House will rest on his Royal Word or no declared to them by the Lord Keeper which if they do he assures them it shall be Royally performed Upon this there was a silence for a good space Then Mr. Secretary Cook proceeded This silence invites me to a further Speech and further to address my self Now we see we must grow towards an issue for my part how confident I have been of the good issue of this Parliament I have certified in this place and elsewhere and I am still confident therein I know his Majesty is resolved to do as much as ever King did for his Subjects All this Debate hath grown out of the sense of our Sufferings and a desire of making up again those Breaches that have been made Since this Parliament begun hath there been any dispence made of that which hath formerly been done when means were denied his Majesty being a yong King and newly come to his Crown which he found ingaged in a War what could we expect in such Necessities His Majesty called this Parliament to make up the Breach His Majesty assures us we shall not have the like cause to complain He assures the Laws shall be established what can we desire more all is that we provide for Posterity and that we do prevent the like suffering for the future Were not the same means provided by them before us can we do more we are come to the Liberty of the Subjects and the Prerogative of the King I hope we shall not adde any thing to our selves to depress him I will not divine I think we shall finde difficulty with the King or with the Lords I shall not deliver my opinion as Counsellor to his Majesty which I will not justifie and say here or at the Councel Board Will we in this necessity strive to bring our selves into a better Condition and greater Liberty then our Fathers had and the Crown into a worse then ever I dare not advise his Majesty to admit of that if this that we now desire be no Innovation it is all contained in those Acts and Statutes and whatsoever else we would adde more is a diminution to the Kings Power and an addition to our own We deal with a wise and prudent Prince that hath a Sword in his hand for our good and this good is supported by Power Do not think that by Cases of Law and Debate we can make that not to be Law which in experience we every day finde necessary make what Law you will if I do discharge the place I bear I must commit men and must not discover the Cause to any Jaylor or Judge if I by this Power commit one without just Cause the burthen falls heavy on me by his Majesties displeasure and he will remove me from my place Government is a solid thing and must be supported for our good Sir Robert Philips hereupon spake this That if the words of Kings strike impressions in the hearts of Subjects then do these words upon this occasion strike an impression into the hearts of us all to speak in a plain language we are now come to the end of our journey and the well disposing of an Answer to this Message will give happiness or misery to this Kingdom Let us set the Commonwealth of England before the eyes of his Majesty that we may justifie our selves that we have demeaned our selves dutifully to his Majesty And so the day following they had further Debate upon that matter the House being turned into a Grand Committee and Mr. Herbert in the Chair Some say that the Subject has suffered more in the violation of ancient Liberties within these few years then in Three hundred years before and therefore care ought to be taken for the time to come Sir Edward Cook said That that Royal word had reference to some Message formerly sent his Majesties word was That they may secure themselves any way by Bill or otherwise he promised to give way to it and to the end that this might not touch his Majesties Honor it was proposed that the Bill come not from the House but from the King We will and grant for us and our Successors and that we and our Successors will do thus and thus and it is the Kings Honor he cannot speak but by Record Others desired the House to consider when and where the late promise was made was it not in the face of both Houses Cruel Kings have been careful to perform their promises yea though they have been unlawful as Herod Therefore if we rest upon his Majesties promise
we may assure our selves of the performance of it Besides we binde his Majesty by relying on his word we have Laws enough it is the execution of them that is our life and it is the King that gives life and execution Sir Thomas Wentworth concluded the Debate saying That never House of Parliament trusted more in the goodness of their King for their own private then the present but we are ambitious that his Majesties goodness may remain to posterity and we are accomptable to a publique trust and therefore seeing there hath been a publique violation of the Laws by his Ministers nothing will satisfie him but a publique mends and our desire to vindicate the Subjects Rights by Bill are no more then are laid down in former Laws with some modest Provision for Instruction Performance and Execution Which so well agreed with the Sense of the House that they made it the subject of a Message to be delivered by the Speaker to his Majesty AMidst those deliberations another Message was delivered from his Majesty by Mr. Secretary Cook That howsoever we proceed in this business we have in hand which his Majesty will not doubt but to be according to our constant professions and so as he may have cause to give us thanks yet his resolution is that both his Royal care and hearty and tender affection towards all his loving Subjects shall appear to the whole Kingdom and all the World that he will govern us according to the Laws and Customs of this Realm that he will maintain us in the Liberties of our Persons and Proprieties of our Goods so as we may enjoy as much happiness as our forefathers in their best times and that he will rectifie what hath been or may be found amiss amongst us so that hereafter there may be no just cause to complain Wherein as his Majesty will rank himself amongst the best of our Kings and shew he hath no intention to invade or impeach our lawful Liberties or Right so he will have us to match our selves with the best Subjects not by incroaching upon that Soveraignty or Prerogative which God hath put into his hands for our good but by containing our selves within the Bounds and Laws of our forefathers without restraining them or inlarging them by new Explanations Interpretations Expositions or Additions in any sort which he telleth us he will not give way unto That the weight of the Affairs of the Kingdom and Christendom do press him more and more and that the time is now grown to that point of maturity that it cannot endure long debate or delay so as this Session of Parliament must continue no longer then Tuesday come sevennight at the furthest In which time his Majesty for his part will be ready to perform what he promised and if the House be not as ready to do that is fit for themselves it shall be their own faults And upon assurance of our good dispatch and correspondence his Majesty declareth That his Royal intention is to have another Session of Parliament at Michaelmass next for the perfecting of such things as cannot now be done This Message was debated the next day being Saturday May 30. whereupon Sir Iohn Elliot spake to this effect The King saith he will rank himself with the best of Kings and therefore he would have us to rank our selves with the best Subjects we will not incroach upon that Soveraignty that God hath put into his hands This makes me fear his Majesty is misinformed in what we go about let us make some inlargement and put it before him that we will not make any thing new as for the time of this Session it is but short and look how many Messages we have so many interruptions and mis-reports and mis-representations to his Majesty produce those Messages Sir Miles Fleetwood continues the Debate and said That this business is of great importance we are to accommodate this The breach of this Parliament will be the greatest misery that ever befell us the eyes of Christendom are upon this Parliament the state of all our Protestant friends are ready to be swallowed up by the Emperors Forces and our own Kingdom is in a miserable straight for the defence of our Religion that is invaded by the Romish Catholicks by the colour of a Commission which is intolerable the defence of our Realm by Shipping is decayed the Kings Revenue is sold and gone where shall the relief be obtained but in Parliament Now we are in the way let us proceed by way of Bill in pursuance of the Kings Message to establish the Fundamental Laws in Propriety of our Goods and Liberty of our Persons It was declared to us that courses by Loan and Imprisonment were not lawful let us touch them in our Bill and that all Precedents and Judgements seeming to the contrary be void and that all Commitments against the Law be remedied and that we be protected against the fear of Commitments In conclusion the Commons agree to an Answer to all the preceding Messages and present it to the King by the mouth of their Speaker The Speakers Speech to the King in Answer to several Messages Most Gracious and Dread Soveraign YOur Loyal and Obedient Subjects the Commons now Assembled in Parliament by several Messages from your Majesty and especially by that your Declaration delivered by the Lord Keeper before both Houses have to their exceeding joy and comfort received many ample expressions of your Princely care and tender affections towards them with a gracious promise and assurance that your Majesty will govern according to the Laws of this Realm and so maintain all your Subjects in the just Freedom of their Persons and Safety of their Estates that all their Rights and Liberties may be by them enjoyed with as much freedom and security in their time as in any age heretofore by their Ancestors under the best of your Progenitors For this so great a favor enlarged by a comfortable intimation of your Majesties confidence in the proceedings of this House they do by me their Speaker make as full return of most humble thanks to your Majesty with all dutiful acknowledgement of your Grace and Goodness herein extended unto them And whereas in one of those Messages delivered from your Majesty there was an expression of your desire to know whether this House would rest upon your Royal Word and Promise assuring them that if they would it should be royally and really performed As they again present their humble thanks for the seconding and strengthning of your former Royal expressions so in all humbleness they assure your Majesty that their greatest confiâ—â—â—ce is and ever must be in your Grace and Goodness without which they well know nothing that they can frame or desire will be of safety or value to them Therefore are all humble Suiters to your Majesty That your Royal heart will graciously accept and believe the truth of theirs which they humbly present as
of the People Certainly hereafter it will be conceived that an House of Parliament would not have made an unnecessary addition to this Petition of Right and therefore it will be resolved that the Addition hath relation to the Petition which will have such operation as I have formerly declared and I the rather fear it because the late Loan and Billeting have been declared to have been by Soveraign Power for the good of our selves and if it be doubtful whether this Proposition hath reference to the Petition or not I know not who shall judge whether Loans or Imprisonments hereafter be by that Soveraign Power or not A Parliament which is made a Body of several Writs and may be dissolved by one Commission cannot be certain to decide this question We cannot resolve that that the Judges shall determine the words of the Kings Letter read in this House expressing the cause of Commitment may be such that the Judges have not capacity of Judicature no Rules of Law to direct and guide their judgements in Cases of that transcendent nature the Judges then and the Judgements are easily conjectured it hath been confessed by the Kings Councel that the Statute of Magna Charta bindes the King it bindes his Soveraign Power and here is an Addition of Saving the Kings Soveraign Power I shall endeavor to give some Answer to the Reasons given by the Lords The first is That it is the intention of both Houses to maintain the Just Liberty of the Subject and not to diminish the just Power of the King and therefore the expression of that intention in this Petition cannot prejudice us To which I answer First That our intention was and is as we then professed and no man can assign any particular in which we have done to the contrary neither have we any way transgressed in that kinde in this Petition and if we make this addition to the Petition it would give some intimation that we have given cause or colour of offence therein which we deny and which if any man conceive so let him assign the particular that we may give answer thereunto By our Petition we onely desire our particular Rights and Liberties to be confirmed to us and therefore it is not proper for us in it to mention Soveraign Power in general being altogether impertinent to the matter in the Petition There is a great difference between the words of the Addition and the words proposed therein for reason viz. between just Power which may be conceived to be limited by Laws and Soveraign Power which is supposed to be transcendent and boundless The second Reason delivered by their Lordships was That the King is Soveraign That as he is Soveraign he hath power and that that Soveraign Power is to be left for my part I would leave it so as not to mention it but if it should be expressed to be left in this Petition as it is proposed it must admit something to be left in the King of what we pray or at least admit some Sovergain Power in his Majesty in these Priviledges which we claim to be our Right which would frustrate our Petition and destroy our Right as I have formerly shewed The third Reason given from this Addition was That in the Statute of Articuli super Chartas there is a Saving of the Seigniory of the Crown To which I give these Answers That Magna Charta was confirmed above thirty times and a general Saving was in none of these Acts of Confirmation but in this onely and I see no cause we should follow one ill and not thirty good Precedents and the rather because that Saving produced ill effects that are well known That Saving was by Act of Parliament the conclusion of which Act is that in all those Cases the King did well and all those that were at the making of that Ordinance did intend that the right and Seigniory of the Crown should be saved By which it appears that the saving was not in the Petition of the Commons but added by the King for in the Petition the Kings will is not expressed In that Act the King did grant and depart with to his People divers Rights belonging to his Prerogative as in the first Chapter he granted That the People might choose three men which might have Power to hear and determine Complaints made against those that offended in any point of Magna Charta though they were the Kings Officers and to Fine and Ransome them and in the 8.12 and 19. Chapter of that Statute the King departed with other Prerogatives and therefore there might be some reason of the adding of that Soveraign by the Kings Councel But in this Petition we desire nothing of the Kings Prerogative but pray the enjoying of our proper and undoubted Rights and Priviledges and therefore there is no cause to adde any words which may imply a Saving of that which concerns not the matter in the Petition The fourth Reason given by their Lordships was That by the mouth of our Speaker we have this Parliament declared That it was far from our intention to incroach upon his Majesties Prerogative and that therefore it could not prejudice us to mention the same resolution in an Addition to this Petition To which I Answer That that Declaration was a general Answer to a Message from his Majesty to us by which his Majesty expressed That he would not have his Prerogative straitned by any new Explanation of Magna Charta or the rest of the Statutes and therefore that expression of our Speakers was then proper to make it have reference to this Petition there being nothing therein contained but particular Rights of the Subject and nothing at all concerning his Majesties Prerogative Secondly That Answer was to give his Majesty satisfaction of all our proceedings in general and no man can assign any particular in which we have broken it and this Petition justifies it self that in it we have not offended against the Protestation and I know no reason but that this Declaration should be added to all our Laws we shall agree on this Parliament as well as to this Petition The last Reason given was That we have varied in our Petition from the words of Magna Charta and therefore it was well necessary that a Saving should be added to the Petition I Answer That in the Statute 5 E. 3.25 E. 3.28 E. 3. and other Statutes with which Magna Charta is confirmed the words of the Statute of Explanation differ from the words of Magna Charta it self the words of some of the Statutes of Explanation being that no man ought to be apprehended unless by Indictment or due process of Law and the other Statutes differing from the words of Magna Charta in many other particulars and yet there is no Saving in those Statutes 〈◊〉 much less should there be any in a Petition of Right There are the Answers I have conceived to the Reasons of their Lordships and the
That the free Subjects of this Realm ought not to be imprisoned without cause shewed But by this Clause a Soveraign Power will be admitted and left intire to his Majesty sufficient to control the force of Law and to bring in this new and dangerous Interpretation That the free Subjects of this Realm ought not by Law to be imprisoned without cause shewed unless it be by Soveraign Power In a word this Clause if it should be admitted would take away the effect of every part of the Petition and become destructive to the whole for thence will be the Exposition touching the Billeting of Soldiers and Mariners in free mens houses against their wills and thence will be the Exposition touching the Times and Places for execution of the Law Marshal contrary to the Laws and Statutes of the Realm The scope of this Petition as I have before observed is not to amend our Case but to restore us to the same state we were in before whereas if this Clause be received in stead of mending the condition of the poor Subjects whose Liberties of late have been miserably violated by some Ministers we shall leave them worse then we found them in stead of curing their wounds we shall make them deeper We have set bounds to our desires in this great Business whereof one is not to diminish the Prerogative of the King by mounting too high and if we bound our selves on the other side with this limit not to abridge the lawful Priviledges of the Subject by descending beneath that which is meet no man we hope can blame us My Lords as there is mention made in the additional Clause of Soveraign Power so is there likewise of a trust reposed in his Majesty touching the use of Soveraign Power The word Trust is of great Latitude and large extent and therefore ought to be well and warily applied and restrained especially in the Case of a King There is a trust inseparably reposed in the Persons of the Kings of England but that trust is regulated by Law for example when Statutes are made to prohibite things not mala in se but onely mala quia prohibita under certain forfeitures and penalties to accrue to the King and to the Informers that shall sue for the breach of them The Commons must and ever will acknowledge a Regal and Soveraign Prerogative in the King touching such Statutes that it is in his Majesties absolute and undoubted Power to grant Dispensations to particular persons with the Clauses of Non obstante to do as they might have done before those Statutes wherein his Majesty conferring grace and favour upon some doth not do wrong to others but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded by those Statutes the Subject hath no interest in the penalties which are all the fruit such Statutes can produce until by Suit or Information commenced he become intituled to the particular forfeitures whereas the Laws and Statutes mentioned in our Petition are of another nature there shall your Lordships finde us to rely upon the good old Statute called Magna Charta which declareth and confirmeth the ancicient Common Laws of the Liberties of England There shall your Lordships also finde us also to insist upon divers other most material Statutes made in the time of King E. 4. and E. 3. and other famous Kings for explanation and ratification of the Lawful Rights and Priviledges belonging to the Subjects of this Realm Laws not inflicting Penalties upon Offenders in malis prohibitis but Laws declarative or positive conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as their Birthrights and Inheritance descendable to their Heirs and Posterity Statutes incorporate into the Body of the Common Law over which with reverence be it spoken there is no Trust reposed in the Kings Soveraign Power or Prerogative Royal to enable him to dispense with them or to take from his Subjects that Birthright or Inheritance which they have in their Liberties by vertue of the Common Law and of these Statutes But if this Clause be added to our Petition we shall then make a dangerous overture to confound this good destination touching what Statutes the King is trusted to controll by dispensations and what not and shall give an intimation to posterity as if it were the opinion both of the Lords and Commons assembled in this Parliament that there is a Trust reposed in the King to lay aside by his Soveraign Power in some amergent cases as well of the Common Law and such Statutes as declare or ratifie the Subjects Liberty or confer Interest upon their persons as those other Penal Statutes of such nature as I have mentioned before which as we can by no means admit so we believe assuredly that it is far from the desire of our most Gracious Soveraign to affect so vast a Trust which being transmitted to a Successor of a different temper might enable him to alter the whole frame and fabrick of the Commonwealth and to dissolve that Government whereby his Kingdom hath flourished for so many years and ages under his Majesties most Royal Ancestors and predecessors Our next Reason is That we hold it contrary to all course of Parliament and absolutely repugnant to the very nature of a Petition of Right consisting of particulars as ours doth to clog it with a general Saving or Declaration to the weakning of the Right demanded and we are bold to renew with some confidence our Allegation that there can be no Precedent shewed of any such Clause in any such Petitions in times past I shall insist the longer upon this particular and labour the more carefully to clear it because your Lordships were pleased the last day to urge against us the Statutes of 25 and 28 of E. 1. as arguments to prove the contrary and seemed not to be satisfied with that which in this point we had affirmed True it is that in those Statutes there are such Savings as your Lordships have observed but I shall offer you a clear Answer to them and to all other Savings of like nature that can be found in any Statutes whatsoever First in the general and then I shall apply particular Answers to the particulars of those two Statutes whereby it will be most evident that those examples can no ways sute with the matter now in hand To this end it will be necessary that we consider duely what that question is which indeed concerneth a Petition and not an Act of Parliament This being well observed by shewing unto your Lordships the difference between a Petition for the Law and the Law ordained upon such a Petition and opening truly and perspicuously the course that was holden in framing of Statutes before 2 H. 5. different from that which ever since then hath been used and is still in use amongst us and by noting the times wherein these Statutes
it is declared and enacted That no man shall be forejudged of life or limb against the form of the great Charter and the Law of the Land And by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Iustice of Martial Law against such Soldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanor whatsoever and by such summary Course and Order as is agreeable to Martial Law and is used in Armies in time of War to proceed to the tryal and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to proceed against such offenders according to the same Laws and Statutes upon pretence that the said offenders were punishable onely by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or he confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such maner as is before mentioned be imprisoned or detained And that your Majesty will be pleased to remove the said Soldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of 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 the awards doings and proceedings to the prejudice of your People in any of the Premises shall not be drawn hereafter into Consequence or Example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the prosperity of this Kingdom Which Petition being read the 2 of June 2628. The Kings Answer was thus delivered unto it The King willeth that Right be done according to the Laws and Customs of the Realm And that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative On Tuesday June 3. the King's Answer was read in the House of Commons and seemed too scant in regard of so much expence of time and labour as had been imployed in contriving the petition Whereupon Sir Iohn Elliot stood up and made a long Speech wherein he gave forth so full and lively representation of all Grievances both general and particular as if they had never before been mentioned HE reduced the Cause of all our evils to Five heads Our insincerity and doubling in Religion which he exemplified by the freedome and increase of Papists by the composition with them in the North the slightness of those payments and the easiness in them by the hopes presumptions and reports of all the Papists generally by the disposition of Commanders the trust of Officers the confidence of secrecies of employments in this Kingdom in Ireland and elsewhere 2. Our want of Councel which sacrificed our honour and our men sent to the Palatinate stopping those greater supplies appointed for that Service by which it might have been made defensible this gave direction to that late expedition to Ree whose wounds are yet bleeding by means whereof the Protestants of France and their King by a necessary consequence are divided and that Countrey so prepared against us that we have nothing to promise our neighbours hardly for our selves insomuch as by the issue and success it may rather be thought a conception of Spain then begotten here by us 3. The insufficiency and unfaithfulness of our Generals Witness first the expedition to Cales where we arrived and found a Conquest ready viz. the Spanish ships fit for the satisfaction of a voyageâ— either in point of honour or in point of profit why was it neglected why was it not atchieved it being granted on all hands feasible when the whole Army landed why was there nothing attempted if nothing were intended wherefore did they land if there were a service why were they shipt again Witness secondly that to Ree where the whole action was carried against the judgement and opinion of the Officers viz. those that were of the Councel was not the first was not the last was not all at land in the intrenching in the continuance there in the assault in the retreat without their assent to say nothing of leaving the Wines and the Salt which were in our possession and of a value as they say to answer much of our expence nor of that wonder which no Alexander or Caesar ever did know the enriching of an enemy by curtesies when the Souldiers want help nor of the private entercourses and parlies with the Fort which continually were held what they intended may be
contribute any Right to Kings whereby to challenge tributary Aids and Subsidiary helps but for the more equal imposing and more easie 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 if 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 levyed very hard would it be for any man in the World that should not accordingly satisfie 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 which by the municipal Law is required Secondly if they would consider the importunities that often may be urgent and pressing necessaries of State that cannot stay without certain and apparent danger for the motion and revolution of so great and vast a Body as such Assemblies are nor yet abide their long and pausing deliberation when they are assembled nor stand upon the answering of those jealous and over-wary Cautions and Objections made by some who wedded overmuch to the love of epidemical and popular Errors and bent to cross the most just and lawful designs of their wise and gratious Soveraign and that under the plausible shews of singular liberty and freedom which if their Conscience might speak would appear nothing more then the satisfying either of private humors passions or purposes He said he needed not draw any Arguments or Conclusions from these places the substance of the Charge appeared sufficiently in the words themselves and to this third Article he fixed two other of these six Characters of malice That it is his wicked intention to avert his Majesties minde from calling of Parliaments and to cause Jealousies Seditions and Divisions in the Kingdom which he shortly inforced thus If Parliaments be taken away Mischiefs and Disorders must needs abound without any possibility of good Laws to reform them Grievances will dayly increase without opportunity or means to redress them and what readier way can there be to distractions betwixt the King and People to tumults and distempers in the State then this And so he concluded this third Article of the Charge The Limitations whereby the Doctor had provided to justifie or at least to excuse himself were propounded to be three 1. That he did not attribute to the King any such absolute Power as might be exercised at all times or upon all occasions according to his own pleasure but onely upon necessity extreme and urgent 2. That the sum required must be proportionable to the ability of the party and to the use and occasion 3. That he did not say That the substance of the Municipal or National Laws might be omitted or neglected but the Circumstances onely To these were offered three Answers the first general the other two particular The general Answer was this that it is all one to leave the Power absolute and to leave the judgement arbitrary when to execute that Power for although these limitations should be admitted yet it is left to the King alone to determine what is an urgent and pressing necessity what is a just proportion both in respect of the ability and of the use and occasion and what shall be said to be a Circumstance and what of the Substance of the Law and the Subject is left without remedy the legal bounds being taken away no private person shall be allowed to oppose his own particular opinion in any of these points to the Kings Resolution so that all these limitations though specious in shew are in effect fruitless and vain The first particular Answer applied to that limitation of urgent necessity was taken from the case of Normandy as it appears in the Comentaries of Guilme Jermie upon the customary Laws of that Dutchy they having been opprest with some grievances contrary to this Franchise made their complaint to Lewis the tenth which by his Charter in the year 1314. acknowledging the Right and Custome of the Countrey and that they had been unjustly grieved did grant and provide that from thence forward they should be free from all Subsidies and Exactions to be imposed by him and his Successors yet with this clause Si necessitie grand ne le requiret which small exception has 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 onely in regard of the manner whereas if the places be observed it will appear that he intends by that word the Assembly of Parliaments and assent of the People 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 Kings own Family where such Doctrine was before so well believed that no man needed to be converted Of this there could be no end but either Simoniacal by flattery and soothing to make way for his own preferment or else extreme malitious to add new afflictions to those who lay under his Majesties wrath disgraced and imprisoned and to enlarge the wound which had been given to the Laws and Liberties of the Kingdom The second was from the consideration of his holy Function He is a Preacher of Gods Word and yet he had endeavoured to make that which was the onely rule of Justice and Goodness to be the warrant for violence and oppression He is a Messenger of Peace but he had endeavoured to sow strife and dissension not onely amongst private persons but even betwixt the King and his People to the disturbance and danger of the whole State He is a Spiritual Father but like that evil Father in the Gospel he hath given his Children Stones in stead of Bread in stead of Flesh he hath given them Scorpions Lastly he is a Minister of the Church of England but he hath acted the part of a Romish Jesuit they labour our destruction by dissolving the Oath of Allegiance taken by the People he doth the same work by dissolving the Oath of Protection and Justice taken by the King A third point of Aggravation was drawn from the quality of these Authors upon whose authority he doth principally rely being for the most part Fryers and Jesuits and from his fraud and shifting in citing those Authors to purposes quite different from their own
and with bleeding hearts and bended knees to crave your speedy Redresse therein as to your own wisdome unto which we most humbly submit our selves and our desires shall seeme most meet and convenient What the multitude and Potency of your Majesties 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 dangers threatned thereby to your sacred Person and your Kingdomes and the calamities which have already fallen and do daily encrease upon your Friends and Allies of which we are well assured your Majesty is most sensible and will accordingly in your great wisdome and with the gravest and most Mature Councel according to the exigencie of the times and occasions provide to prevent and help the same To which end we most humbly intreat your Majesty first and especially to cast your eyes upon the miserable condition of this your own Kingdome of late so strangely weakened and dejected that unlesse through your Majesties most gracious Wisdom Goodnesse and Iustice it be speedily raised to a better condition it is in no little danger to become a sudden Prey to the Enemies thereof and of the most happy and flourishing to be the most miserable and contemptible Nation in the World In the discoveries of which dangers mischiefs and inconveniences 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 sincerity of our hearts not only for our selves but in the Name of all the Commons of the Realme whom we represent ascribe as much duty as a most loyal and affectionate people can do unto the best King for so you are and so have been pleased abundantly to expresse your self this present Parliament by your Majesties clear and satisfactory answer to our Petition of Right For which both our selves and our posterity shall blesse God for you and ever preserve a thankful memory of your great goodnesse and Iustice therein And we do verily believe that all or most of these things which we shall now present unto your Majesty are either unknown unto you or else by some of your Majesties Ministers oâ—fered under such specious pretences as may hide their own ill intentions and ill consequences of them from your Majesty But we assure our selves according to the good example of your Majesties Predecessors nothing can make your Majesty being a wise and Iudicious Prince and above all things desirous of the welfare of your people more in love with Parliaments then this which is one of the principal ends of calling them that therein your Majesty may be truely informed of the State of all the several parts of your kingdome and how your Officers and Ministers do behave themselves in the trust reposed in them by your Majesty which is scarce able to be made known unto you but in Parliament as was declared by your blessed Father when he was pleased to put the Commons in Parliament assembled in minde that it would be the greatest unfaithfulnesse and breach of duty to his Majesty and of the trust committed to them by the Countrey that could be if in setting forth the grievances of the people and the condition of all the parts of this Kingdome from whence they come they did not deal clearly with him without sparing any how near and dear soever they were unto him if they were hurtful or dangerous to the Common-Wealth In confidence therefore of your Majesties gracious acceptation in a matter of so high importance and in faithful discharge of our duties We do first of all most humbly beseech your Majesty to take notice that howsoever we know your Majesty doth with your soul abhor that any such thing should be imagined or attempted Yet there is a general fear conceived in your people of secret working and combination to introduce into this kingdome innovation and change of our holy Religion more precious unto us then our lives and whatever this world can afford And our fears and jealousies herein are not meerly conjectural but arising out of such certain and visible effects as may demonstrate a true and real Cause For notwithstanding the many good and wholesome Laws and provisions made to prevent the increase of Popery within this kingdome and notwithstanding your Majesties most gracious and satisfactory answer to the Petition of both Houses in that behalfe presented to your Majesty at Oxford We finde there hath followed no good execution nor effect but on the contrary at which your Majesty out of the quick sense of your own religious heart cannot but be in the highest measure displeased those of that Reliligion do finde extraordinary favors and respect in Court from persons of great quality and power whom they continually resort unto and in particular to the Countesse of Buckingham who her self openly professing that Religion is a known favourer and supporter of them that do the same which we well hoped upon your Majesties Answer to the aforsaid Petition at Oxford should not have been permitted nor that any of your Majesties Subjects of that religion justly to be suspected should be entertained in the service of your Majesty or your royal consort the Queen Some likewise of that Religion have had Honours Offices and places of Command and Authority lately conferred upon them But that which striketh the greatest terror into the hearts of your Loyal Subjects concerning this is that Letters of Stay of legal proceedings against them have been procured from your Majesty by what indirect meanes we know not And Commissions under the great Seale granted and executed for composition to be made with Popish Recusants with Inhibitions and restraints both to the Ecclesiastical and temporal Courts and Officers to intermeddle with them which is conceived to amount to no leâ—â—e then a toleration odious to God full of dishonour and extreame disprosit to your Majesty of great scandal and griefe to your good people and of apparent danger to the present State of your Majesty and of this Kingdome their numbers power and insolency daily increasing in all parts of your Kingdome and especially about London and the Subburbs thereof Where exceeding many Families do make their abode publiquely frequent Masse at Denmark House and other places and by their often meetings and conferences have opportunities of combining their Councels and Strength together to the hazard of your Majesties safety and the State and most especially in these doubtful and calamitous times And as our fear concerning change or subversion of Religion is grounded upon the daily increase of Papists the open and professed Enemies thereof for the Reasons formerly mentioned So are the hearts of your good Subjects no lesse perplexed when with sorrow they behold a daily growth and spreading of the faction of the Arminians that being as your Majesty well knows but a cunning way to
Protestation was published in the House viz. Whosoever shall bring in Innovation of Religion or by favour or countenance seek to extend or introduce Popery or Arminianism or other opinion disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom and Commonwealth 2. Whosoever shall counsel or advise the taking and levying of the Subsidies of Tunnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed an Innovator in the Government and Capital Enemy to the Kingdom and Commonwealth 3. If any Merchant or Person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an Enemy to the same Hereupon the King sent for the Sergeant of the House but he was detained the Door being lockt then he sent the Gentleman Usher of the Lords House with a Message and he was refused admittance till the said Votes were read and then in much confusion the House was adjourned to the tenth of March according as it was intimated from his Majesty Nevertheless his Majesty by Proclamation dated the second of March declares the Parliament to be dissolved The passages of this day and the preceding day in Parliament are hereafter more fully related in the proceedings in the Kings Bench. By the King A Proclamation about the dissolving of the Parliament WHereas We for the general good of our Kingdom caused our high Court of Parliament to assemble and meet by prorogation the 20 day of January last past sithence which time the same hath been continued And although in this time by the malevolent dispositions of some ill affected persons of the House of Commons We have had sundry Iust Causes of offence and dislike of their proceedings yet We resolved with patience to trie the uttermost which we the rather did for that We found in that House a great number of sober and grave Persons well-affected to Religion and Government and desirous to preserve unity and peace in all parts of Our Kingdom And therefore having on the five and twentieth day of February last by the uniform advice of our Privy-Council caused both Houses to be adiourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have a happy end and issue And for the same intent We did again this day command the like Adiournment to be made until the tenth day of this Month It hath so happened by the disobedient and seditious carriage of those said ill affected persons of the House of Commons That We and Our Regal Authority and Commandment have been so highly contemned as our Kingly Office cannot bear nor any former age can paralel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament to all others whom it may concern That they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others shall take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to faction and to work disturbance to the peace and good order of Our Kingdom Given at our Court at Whitehal this second day of March in the fourth yeer of Our Reign of Great Britan France and Ireland This Proclamation was not published till after the tenth of March. The day following Warrants were directed from the Council to Denzil Holles Esq Sir Miles Hobert Sir Iohn Elliot Sir Peter Hayman John Selden Esq William Coriton Walter Long William Stroud Benjamin Valentine commanding their personal appearance on the morrow At which time Mr. Holles Sir Iohn Elliot Mr. Corriton Mr. Valentine appearing and refusing to answer out of Parliament what was said and done in Parliament were committed close prisoners to the Tower and Warrants were given the Parliament being still in being for the sealing up of the studies of Mr. Holles Mr. Selden and Sir Iohn Elliot Mr. Long and Mr. Stroud not then nor of some time after appearing a Proclamation issued out for the apprehending of them On the tenth of March being six days after the commitment of the said Members his Majesty being set in his Royal Throne with his Crown on his head and in his Robes and the Lords in their Robes also and divers of the Commons below the Bar but not their Speaker neither were they called his Majesty spake as followeth My Lords I Never came here upon so unpleasant an occasion it being the dissolution of a Parliament therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general maxime of Kings to leave harsh Commands to their Ministers themselves only executing pleasing things yet considering that Iustice as well consists in reward and praise of vertue as punishing of vice I thought it necessary to come here to day and to declare to you and all the world that it was meerly the undutiful and seditious carriage in the Lower House that hath made the dissolution of this Parliament and you My Lords are so far from being any causers of it that I take as much comfort in your dutiful demeanour as I am justly distasted with their proceedings yet to avoyd their mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I knâ—w that there are many there as dutiful Subjects as any in the world it being but some few Vipers among them that did cast this mist of undutifulness over most of their eys yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as those Vipers must look for their reward of punishment so you My Lords must justly expect from me that favour and protection that a good King oweth to his loving and faithful Nobility And now my Lord Keeper Do what I have commanded you Then the Lord Keeper said My Lords and Gentlemen of the House of Commons the Kings Majesty doth dissolve this Parliament Whilst the King is preparing a Declaration of the causes and motives which induced him to dissolve this Parliament let us see what followed hereupon The discontents of the common people upon this Dissolution were heightned against the powerful men at Court and the Kings most inward Counsellors for some few days after two Libels were found in the Dean of Pauls yard one against Bishop Laud to this effect
Laud look to thy self be assured thy life is sought as thou art the fountain of wickedness repent of thy monstrous sins before thou be taken out of the world and assure they self neither God nor the world can endure such a vile Counsellor or whisperer to live The other was as bad against the L. Treasurer Weston The King purposing to proceed against the Members of the House of Commons who were committed to Prison by him in the Star-Chamber caused certain Questions to be proposed to the Judges upon the 25 of April WHereupon all the Judges met at Sergeants-Inne by command from his Majesty where Mr. Atturney proposed certain Questions concerning the offences of some of the Parliament-men committed to the Tower and other prisons at which time one Question was proposed and resolved viz. That the Statute of 4 H. 8.8 intituled An Act concerning Richard Strode was a particular Act of a Parliament and extended onely to Richard Strode and to those persons that had joyned with him to prefer a Bill to the House of Commons concerning Tynners And although the Act be private and extendeth to them alone yet it was no more then all other Parliament-men by priviledge of house ought to have viz. Freedom of speech concerning those matters debated in Parliament by a Parliamentary course The rest of the Questions Mr. Atturney was wished to set down in writing against another day Upon Munday following all the Judges met again and then Mr. Atturney proposed these Questions 1. Whether if any Subject hath received probable Information of any Treason or treacherous attempt or intention against the King or State that Subject ought not to make known to the King or his Majesties Commissioners when thereunto he shall be required what Information he hath received and the grounds thereof to the end the King being truly informed may prevent the danger And if the said Subject in such Case shall refuse to be examined or to answer the Questions which shall be demanded of him for further inquiry and discovery of the truth whether it be not a high contempt in him punishable in the Star-Chamber as an offence against the general Iustice and Government of the Kingdom Sol. The resolution and answer of all the Justices That it is an offence punishable as aforesaid so that this do not concern himself but another nor draw him to danger of Treason or contempt by his answer 2. Whether it be a good answer or excuse being thus interrogated and refusing to answer to say That he was a Parliament-man when he received this Information and that he spake thereof in the Parliament-house and therefore the Parliament being now ended he refused to answer to any such Questions but in the Parliament-house and not in any other place Sol. To this the Judges by advise privately to Mr. Atturney gave this Answer That this excuse being in Nature of a Plea and an errour in judgement was not punishable until he were over-ruled in an orderly manner to make another answer and whether the party were brought in Ore tenus or by Information for this Plea he was not to be punished 3. Whether a Parliament-man committing an offence against the King or Council not in a Parliament way might after the Parliament ended he punished or not Sol. All the Judges una voce answered He might if he be not punished for it in Parliament for the Parliament shall not give priviledge to any contra morem Parliamentarium to exceed the bounds and limits of his place duty And all agreed That regularly he cannot be compelled out of Parliament to answer things done in Parliament in a Parliamentary course but it is otherwise where things are done exorbitantly for those are not the Acts of a Court. 4. Whether if one Parliament-man alone shall resolve or two or three shall covertly conspire to raise false slanders and rumours against the Lords of the Council and Iudges not with intent to question them in a Legal course or in a Parliamentary way but to blast them and to bring them to hatred of the people and the Government in contempt be punishable in the Star-Chamber after the Parliament is ended Sol. The Judges resolve that the same was punishable out of Parliament as an offence exorbitant committed in Parliament beyond the office and besides the duty of a Parliament-man There was another Question put by Mr. Atturney viz. Whether if a man in Parliament by way of digression and not upon any occasion arising concerning the same in Parliament shall say The Lords of the Council and the Judges had agreed to trample upon the Liberty of the Subject and the priviledges of Parliament he were punishable or not The Judges desired to be spared to make any answer thereunto because it concerned themselves in particular The next day Mr. Atturny put the Judges another Case It is demanded of a Parliament-man being called Ore tenus before the Court of Star-Chamber being charged that he did not submit himself to examination for such things as did concern the King and the Government of the State and were affirmed to be done by a third person and not by himself if he confess his hand to that refusal and make his excuse and plead because he had priviledg of Parliament Whether the Court will not over-rule this plea as erronious and that he ought to make a further answer It is the justest way for the King and the party not to proceed Ore tenus because it being a point in Law it is fit to hear Counsel before it be over-ruled and upon an Ore tenus by the Rules of Star-Chamber Counsel ought not to be admitted and that it would not be for the Honor of the King nor the safety of the subject to proceed in that manner Pasca 5 Car. upon a Habeas Corpus of this Court to bring the body of William Stroud Esq with the cause of his imprisonment to the Marshal of the Kings Bench It was returned in this manner That Mr. William Stroud was committed under my custody by vertue of a certain Warrant under the hands of twelve of the Lords of the Privy-Council of the King the tenor of which Warrant followeth in these words YOu are to take knowledge that it is his Majesties pleasure and commandment that you take into your custody the Body of William Stroud Esq and keep him close prisoner till you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated this 2 of April 1629. And the direction of the Warrant was To the Marshal of the Kings Bench or his Deputy He is also detained in prison by vertue of a Warrant under his Majesties hand the tenor of which Warrant followeth in these words C.R. WHereas you have in your custody the Body of William Stroud Esq by Warrant of Our Lords of our Privy-Council by Our special Command you are to take notice that this
for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation oâ— the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
unto the said Information the benefit whereof was by order of the Court reserved unto the Defendant to be debated and considered of at the hearing of this cause and of divers other matters now urged for the Defendant both to have justified his the said Defendants attendance in Parliament and his not residence in person in the County whereof he was then Sheriff and amongst other things that it properly belonged to the house of Parliament to judge of the justness or unjustness of the said Election and upon grave and mature consideration thereof had and taken by the Court their Lordships did not onely conceive the said Demurrer and Plea and other the Arguments and Reasons used by the Defendant and his Council to be of no weight or strength but also to be in opposition and derogation of the Jurisdiction of the Court the reasons moved and urged for the Defendants excuse or justification being clearly answered and the charges of the Information made good by Mr. Atturney General and others of his Majesties Counsel learned And therefore the whole Court were clear of opinion and did so declare That the said Defendant who at that time as high Sheriff had the custody and charge of the County of Wilts committed unto him by his Majesty and had taken his Oath according to the Law to abide in his proper person within his Bayliffwick during all the time of his Sheriffwick as aforesaid and whose trust and imployment did require his personal attendance in the said Countie had not onely committed a great offence in violating the said Oath so by him taken but also a great misdemeanor in breach of the trust committed unto him by his Majesty and in contempt of his Majesties pleasure signified unto him by and under his Highness great Seal when he granted unto him the said Office of Sheriffwick aforesaid For which said several great Offences in breach of his said Oath neglect of the trust and duty of his Office and the great and high contempt of his Majesty their Lordships did hold the said Defendant worthy the sentence of the Court the rather to the end that by this example the Sheriffs of all other Counties may be deterred from committing the like offences hereafter and may take notice that their personal residence and attendance is required within their Bayliffwicks during the time of their Sheriffwick The Court therefore thought fit ordered adjudged and decreed That the said Defendant should stand and be committed to the prison of the Tower there to remain during his Majesties pleasure and also pay a Fine of two thousand Marks to his Majesties use and further make his humble submission and acknowledgement of his offence both in the Court of Star-Chamber and to his Majesty before his thence enlargment The same Term Mr. Mason argued in the kings Bench for Sir Iohn Elliot against the Information preferred against him amongst others by Sir Robert Heath the kings Atturney General and the same day the Atturney General argued in maintenance of the said Information the Judges also the same day spake briefly to the Case and agreed with one Voyce That the Court as this Case is shall have Jurisdiction although that these offences were committed in Parliament and that the imprisoned Members ought to answer Iones began and said That though this Question be now newly moved yet it is an ancient Question with him for it had been in his thoughts these eighteen yeers For this Information there are three Questions in it 1. Whether the matters informed be true or false and this ought to be determined by Iury or Demurrer 2. When the matters of the Information are found or confessed to be true if the Information be good in substance 3. Admit that the offences are truly charged if this Court hath power to punish them and that is the sole Question of this day And it seems to me that of these offences although committed in Parliament this Court shall have jurisdiction to punish them The Plea of the Defendents here to the jurisdiction being concluded with a Demurrer is not peremptory unto them although it be adjudged against them but if the Plea be pleaded to the jurisdiction which is found against the Defendant by verdict this is peremptory In the discussion of this point I decline these Questions 1. If the matter be voted in Parliament when it is finished it can be punished and examined in another Court 2. If the matter be commenced in Parliament and that ended if afterward it may be Questioned in another Court I question not these Matters but I hold That an Offence committed criminally in Parliament may be questioned elsewhere as in this Court and that for these Reasons First Quia interest Reipublicae ut malesicia non maneant impunita and there ought to be a fresh punishment of them Parliaments are called at the Kings pleasure and the King is not compellible to call his Parliament and if before the next Parliament the party offending or the witnesses die then there will be a â—ayler of Justice Secondly The Parliament is no constant Court every Parliament mostly consists of several men and by consequence they cannot take notice of matters done in the foregoing Parliament and there they do not examine by oath unless it be in Chancery as it is used of late time Thirdly The Parliament cannot send Process to make the offenders to appear at the next Parliament and being at large if they hear a noise of a Parliament they will fugam facere and so prevent their punishment Fourthly Put the case that one of the Defendants be made a Baron of Parliament now he cannot be punished in the House of Commons and so he shall be unpunished It hath been objected That the Parliament is the Superior Court to this therefore this Court cannot examine their proceedings To this I say That this Court of the Kings Bench is a higher Court then the Justices of Oyer and Terminer or the Justices of Assize But if an offence be done where the Kings Bench is after it is removed this offence may be examined by the Justices of Oyer and Terminer or by the Justices of Assize We cannot Question the Judgments of Parliaments but their particular offences 2. Obj. It is a Priviledge of Parliament whereof we are not competent Iudges To this I say That Privilegium est privata lex privat legem And this ought to be by grant prescription in Parliament and then it ought to be pleaded for the manner as is 33 Hen. 8 Dy. as it is not here pleaded Also we are Judges of all Acts of Parliament as 4 Hen. 7. Ordinance made by the King and Commons is not good and we are Judges what shall be said a Session of Parliament as it is in Plowden in Patridges Case We are Judges of their lives and lands therefore of their Liberties And 8 Eliz. which was cited by Mr. Atturney it was the opinion of Dyer Oatlyn Welsh Brown
and Southcot Justices That offences committed in Parliament may be punished out of Parliament And 3 Ed. 3.19 it is good Law And it is usual neer the end of Parliaments to set some petty punishment upon offenders in Parliament to prevent other Courts And I have seen a Roll in this Court in 6 H. 6. where judgment was given in a writ of annuity in Ireland and afterwards the said judgment was reversed in Parliament in Ireland upon which judgment Writ of Error was brought in this Court and reversed Hide Chief Justice to the same intent No new matter hath been offered to us now by them that argue for the Defendants but the same Reasons and Authorities in substance which were objected before all the Justices of England and Barons of the Exchequer at Sergeants-Inn in Fleet-street upon an Information in the Star-Chamber for the same matter At which time after great deliberation it was resolved by all of them That an offence committed in Parliament that being ended may be punished out of Parliament And no Court more apt for that purpose then this Court in which we are and it cannot be punished in a future Parliament because it cannot take notice of matters done in a foregoing Parliament As to that that was said That an Inferiour Court cannot meddle with matters done in a Superior True it is That an Inferior Court cannot meddle with judgments of a Superior Court but if the particular members of a Superiour Court offend they are oft-times punishable in an Inferior Court As if a Judg shall commit a capital offence in this Court he may be arraigned thereof at Newgate 3 E. 3.19 and 1 Mar. which have been cited over-rule this case Therefore Whitlock accordingly 1. I say in this Case Nihil dictum quod non dictum prius 2. That all the Judges of England have resolved this very point 3. That now we are but upon the brink and skirts of the Cause for it is not now in Question if these be offences or no or if true or false but only if this Court have jurisdiction But it hath been objected That the offence is not capital therefore it is not examinable in this Court But though it be not capital yet it is criminal for it is sowing of sedition to the destruction of the Commonwealth The Question now is not between us that are Judges of this Court and the Parliament or between the King and the Parliament but between some private Members of the House of Commons and the King himself for here the King himself questions them for those offences as well he may In every Commonwealth there is one supereminent Power which is not subject to be questioned by any other and that is the King in this Commonwealth who as Bracton saith solum Deum habet ultorem But no other within the Realm hath this Priviledge It is true that that which is done in Parliament by consent of all the house shall not be questioned elsewhere but if any private Members exuunt personas judicum induunt malefacientium personas sunt seditiosi is there such Sanctimony in the place that they may not be questioned for it elsewhere The Bishop of Ross as the Case hath been put being Embassadour here practised matters against the State And it was resolved That although Legatus sit Rex in alieno solo yet when he goes out of the bounds of his Office and complots with Traytors in this Kingdom that he shall be punished as an offender here A Minister hath a great Priviledge when he is in the Pulpit but yet if in the Pulpit he utter speeches which are scandalous to the State he is punishable so in this Case when a Burgess of Parliament becomes mutinous he shall not have the Priviledge of Parliament In my opinion the Realm cannot consist without Parliaments but the behaviour of Parliament-men ought to be Parliamentary No outragious speeches were ever used against a great Minister of State in Parliament which have not been punished If a Judge of this Court utter scandalous speeches to the State he may be questioned for them before Commissioners of Oyer and Terminer because this is no judicial act of the Court. But it hath been objected That we cannot examine Acts done by a higher Power To this I put this Case When a Peer of the Realm is arraigned of Treason we are not his Judges but the high Steward and he shall be tryed by his Peers But if errour be committed in this proceeding that shall be reversed by errour in this Court for that which we do is Coram ipso Rege It hath been objected That the Parliament-Law differs from the Law by which we judge in this Court in sundry Cases And for the instance which hath been made That by the Statute none ought to be chosen Burgesse of a Town in which he doth not inhabit but that the usage of Parliament is contrary But if Information be brought upon the said Statute against such a Burgess I think that the Statute is a good warrant for us to give judgement against him And it hath been objected That there is no President in this matter But there are sundry Presidents by which it appears that the Parliament hath transmitted matters to this Court as 2 R. 2. there being a question between a great Peer and a Bishop it was transmitted to this Court being for matter of behaviour and although the Judges of this Court are but inferiour men yet the Court is higher for it appears by the 11 Eliz. Dy. That the Earl Marshal of England is an Officer of this Court and it is always admitted in Parliament That the priviledges of Parliament hold not in three Cases to wit in case of Treason secondly in case of Felony and in suit for the peace and the last is our very case Therefore c. Crook argued to the same intent but I did not well hear him he said That these offences ought to be punished in the Court or no where and all manner off offences which are against the Crown are examinable in this Court It hath been objected That by this means none will adventure to make his complaints in Parliament That is not so for he may complain in a Parliamentary course but not falsely and unlawfully as here is pretended for that which is unlawfully cannot be in a Parliamentary course It hath been objected That the Parliament is a higher Court then this is And it is true But every Member of Parliament is not a Court and if he commit offence he is punishable here Our Court is a Court of high jurisdiction it cannot take cognizance of real Pleas but if a real Plea comes by Error in this Court it shall never be transmitted But this Court may award a grand Cape and other Process usual in real Actions But of all capital and criminal causes we are originally competent Judges and by consequence of this matter But I am not
sufficient to raise a jealousie against our proceedings in such as were not well acquainted with the sincerity and clearnesse of them There followed another of no lesse skill for although Our proceeding before the Parliament about matters of Religion might have satisfied any moderate men of Our zealous care thereof as we are sure it did the most yet as bad stomachs turn the best things into their own nature for want of good digestion so those distempered persons have done the like of Our good intents by a bad and sinister interpretation For when they did observe that many honest and religious minds in that House did complain of those dangers that did threaten the Church they likewise took the same word in their mouth and their cry likewise was Templum Domini Templum Domini when the true care of the Church never came into their hearts and what the one did out of zeal unto Religion the other took up as a plausible Theam to deprave Our Government as if We Our Clergy and Councill were either senslesse or carelesse of Religion And this wicked practise hath been to make Us seem to walk before Our people as if We halted before God Having by these artifices made a jealous impression in the hearts of many and a day being appointed to treat of the Grant of Tunnage and Poundage at the time prefixed all expresse great willingnesse to grant it But a new strain is found out that it could not be done without great perill to the right of the Subject unlesse We should disclaim any right therein but by grant in Parliament and should cause all those Goods to be restored which upon commandment from Us or Our Councill were stayed by our Officers untill those Duties were paid and consequently should put Our Selves out of the possession of the Tunnage and Poundage before they were granted for else it was pretended the Subject stood not in fit case to grant it A fancy and cavill raised of purpose to trouble the businesse it being evident that all the Kings before named did receive that Duty and were in actuall possession of it before and at the very time when it was granted to them by Parliament And although We to remove all difficulties did from Our Own Mouth in those clear and open tearms that might have satisfied any moderate and well-disposed minds declare That it was Our meaning by the gift of Our people to enjoy it and that we did not challenge it of right but took it de bene esse shewing thereby not the right but the necessity by which We were to take it wherein We descended for their satisfaction so far beneath Our self as We are confident never any of Our Predecessors did the like nor was the like ever required or expected from Them Yet for all this the Bill of Tunnage and Poundage was laid aside upon pretence they must first clear the right of the Subject therein under colour whereof they entertain the complaints not onely of Iohn Rolles a Member of their House but also of Richard Chambers John Fowkes and Bartholomew Gilman against the Officers of Our Customs for detaining their goods upon refusall to pay the ordinary Duty accustomed to be paid for the same And upon these complaints they send for the Officers of the Customes enforcing them to attend day after day by the space of a month together they cause them to produce their Letters Patents under Our Great Seal and the Warrants made by Our Privy Councill for levying of those Duties They examine the Officers upon what questions they please thereby to entrap them for doing Our service and commandment In these and other their proceedings because We would not give the least shew of interruption We endured long with much patience both these and sundry other strange and exorbitant incroachments and usurpations such as were never before attempted in that House We are not ignorant how much that House hath of late years endeavoured to extend their priviledges by setting up generall Committees for Religion for Courts of Justice for Trade and the like a course never heard of untill of late So as where in former timos the Knights and Burgesses were wont to communicate to the House such businesse as they brought from their Countries now there are so many Chairs erected to make enquirie upon all sorts of men where complaints of all sorts are entertained to the unsufferable disturbance and scandall of Justice and Government which having been tolerated a while by Our Father and Our Self hath daily grown to more and more height insomuch that young Lawyers sitting there take upon them to decry the opinions of the Judges and some have not doubted to maintain That the Resolutions of that House must bind the Judges a thing never heard of in Ages past But in this last assembly of Parliament they have taken on them much more then ever before They sent messengers to examine Our Atturney Generall who is an Officer of trust and secrecy touching the execution of some commandements of Ours of which without Our leave first obtained he was not to give account to any but Our Self They sent a captious and directory message to the Lord Treasurer Chancellor and Barrons of the Exchequer touching some judiciall proceedings of theirs in Our Court of Exchequer They sent messengers to examine upon sundry questions Our two Chief Justices and three other of Our Judges touching their judiciall proceedings at the Gaol-Delivery at Newgate of which they are not accountable to the House of Commons And whereas Suits were commenced in Our Court of Star-Chamber against Richard Chambers John Fowks Bartholomew Gilman and Richard Phillips by Our Atturney Generall for great misdemeanours they resolved that they were to have priviledge of Parliament against us for their persons for no other cause but because they had Petitions depending in that House and which is more strange they resolved that a Signification should be made from that House by a Letter to issue under the hand of their Speaker unto the Lord Keeper of Our Great Seal that no attachments should be granted out against the said Chambers Fowks Gilman or Phillips during their said priviledge of Parliament Whereas it is far above the power of that House to give direction to any of Our Courts at Westminster to stop Attatchments against any man though never so strongly priviledged the breach of Priviledge being not in the Court that grants but in the Party or Minister that puts in execution such Attachments And therefore if any such Letter had come to the Lord Keeper as it did not he should have highly offended Us if he had obeyed it Nay they went so far as they spared not the honour of Our Councill-board but examined their proceedings in the case of Our Customers interrogating what this or that man of Our Councill said in direction of them in the businesse committed to their charge And when one of the Members of that House speaking of our
Counsellors said We had wicked Counsell and another said that the Councill and Judges sought to trample under feet the liberty of the Subject and a third traduced Our Court of Star-Chamber for the Sentence given against Savage they passed without check or censure by the House By which may appear how far the Members of that House have of late swollen beyond the rules of moderation and the modesty of former times and this under pretence of priviledge and freedom of speech whereby they take liberty to declare against all authority of Councill and Courts at their pleasure They sent for Our Sheriff of London to examine him in a cause whereof they had no jurisdiction their true and antient jurisdiction extending onely to their own Members and to the conservation of their priviledges and not to the censure of forrain persons and causes which have no relation to their priviledges the same being but a late innovation And yet upon an enforced strain of a Contempt for not answering to their satisfaction they commit him to the Tower of London using that outward pretext for a cause of committing him the true and inward cause being for that he had shewed himself dutifull to Us and Our commandements in the matter concerning Our Customs In these innovations which We will never permit again they pretended indeed Our service but their drift was to break by this means through all respects and ligaments of Government and to erect an universall over-swaying power to themselves which belongs onely to Us and not to them Lastly in their proceedings against Our Customers they went about to censure them as Delinquents and to punish them for staying some goods of some factious Merchants in Our Store-house for not paying those Duties which themselves had forâ—erly paid and which the Customers without interruption had received of all other Merchants many years before and to which they were authorised both by Our great Seal and by severall directions and commandements from Us and Our Privy Councill To give some colour to their proceedings herein they went about to create a new priviledge which We will never admit That a Parliament-man hath priviledge for his goods against the King the consequence whereof would be That he may not be constrained to pay any Duties to the King during the time of priviledge of Parliament It is true they would have this case to have been between the Merchants and Our Farmers of Our Customs and have severed them from Our interest and commandment thereby the rather to make them lyable to the censure and punishment of that House But on the other side We holding it both unjust and dishonorable to with-draw Our self from Our Officers in any thing they did by Our commandement or to disavow any thing that we had enjoyned to be done upon Munday the 23d of February sent a message unto them by Secretary Cook thanking them for the respect they had shewed in severing the interest of Our Farmers from Our Own interest and commandment Neverthelesse We were bound in honour to acknowledge a truth that what was done by them was done by our expresse commandement and direction and if for doing thereof Our Farmers should suffer it would highly concern Us in honour Which message was no sooner delivered unto them but in a tumultuous and discontented manner they called Adjourn Adjourn and thereupon without any cause given on Our part in a very unusuall manner adjourned untill the Wednesday following On which day by the uniform wisdom of Our Privy Council We caused both Houses to be adjourned until the second day of March hoping that in the mean time a better and more right understanding might bee begotten between Us and the Members of that House whereby the Parliament might come to a happy Issue But understanding by good advertisment that their discontent did not in that time digest and passe away We resolved to make a second adjournment untill the tenth of March which was done as well to take time to Our Self to think of some means to accommodate those difficulties as to give them time to advise better and accordingly We gave commandment for a second adjournment in both Houses and for cessation of all businesse till the day appointed which was very dutifully obeyed in the Higher House no man contradicting or questioning it But when the same commandment was delivered in the House of Commons by their Speaker it was streight-waies contradicted and although the Speaker declared unto them it was an absolute right and power in Us to adjourn as well as to prorogue or dissolve and declared and readd unto them divers presidents of that House to warrant the same yet Our commandment was most contemptuously disobeyed and some rising up to speak said They had businesse to do before the House should be adjourned Whilst the Duke of Buckingham lived he was intituled to all the distempers and ill events of former Parliaments and therefore much endeavour was used to demolish him as the onely wall of separation between Us and Our people But now he is dead no alteration was found amongst those envenomed spirits which troubled then the blessed harmony between Us and Our Subjects and continue still to trouble it For now under the pretence of publick care of the Common-wealth they suggest new and causlesse fears which in their own hearts they know to be false and devise new Engines of mischief so to cast a blindnesse upon the good affections of Our people that they may not see the truth and largenesse of Our heart towards them So that now it is manifest the Duke was not alone the mark these men shot at but was onely as a near minister of Ours taken up on the By and in their passage to their more secret designes which were onely to cast Our Affairs into a desperate condition to abate the powers of Our Crown and to bring Our Government into obloquy that in the end all things may be over-whelmed with Anarchy and Confusion We do not impute these dysasters to the whole House of Commons knowing that there were amongst them many religious grave and well-minded men but the sincerer and better part of the House was over-born by the practises and clamours of the other who carelesse of their duties and taking advantage of the times and Our necessities have enforced Us to break off this Meeting which had it been answered with like duty on their parts as it was invited and begun with love on Ours might have proved happy and glorious both to Us and this whole Nation We have thus declared the manifold causes We had to dissolve this Parliament whereby all the world may see how much they have forgotten their former engagements at the entry into the War themselves being perswaders to it promising to make Us feared by Our enemies and esteemed by Our friends And how they turned the Necessities grown by that War to enforce us to yield to Conditions incompatible with Monarchy And now that
per Annum by raising a certain value upon their Lands and some other impositions which requiring a long Discourse by it self I will omit it here setting it down in my Instructions it will save your Majesty at least One hundred thousand pounds per Annum to make it pain of death and confiscation of goods and lands for any of the Officers to cousen You which now is much to be feared they do or else they could not be so rich and herein to allow a fourth part benefit to them that shall find out the cousenage Here is not meant Officers of State as the Lord Treasurer c. being Officers of the Crown The summe of all this account amounteth unto two Millions or Twenty hundred thousand pounds per Annum Suppose it be but one Million and a Half as assuredly your Majesty may make by these courses set down yet it is much more then I promised in my Letter for your Majesties service Besides some sums of mony in present by the courses following Imprimis By the Prince's Marriage to make all the Earls in England Grandees of Spain and Principi with such like priviledges and to pay twenty thousand pounds apiece for it 2. As also if you make them Foeditaries of the Towns belonging to their Earldoms if they will pay for it besides as they do to the King of Spain in the Kingdom of Naples And so likewise Barons to be made Earls and Peers to pay ninteen thousand pounds a piece I think might yield five hundred thousand pounds and oblige them more sure to his Majesty 3. To make choice of two hundred of the richest men of England in estate that be not Noble-men and make them Titulate as is used in Naples and paying for it that is a Duke thirty thousand pounds a Marquis fifteen thousand pounds an Earl ten thousand pounds and a Baron or Viscount five thousand pounds It is to be understood that the antient Nobility of Barons made Earls are to precede these as Peers though these be made Marquesses or Dukes this may raise a Million of pounds and more unto your Majesty To make Gentlemen of low quality and Francklines and rich Farmers Esquires to precede them would yield your Majesty also a great sum of mony in present I know another course to yield your Majesty at least three hundred thousand pounds in mony which as yet the time serveth not to discover untill your Majesty be resolved to proceed in some of the former courses which till then I omit Other courses also that may make present mony I shall study for your Majestie 's service and as I find them out acquaint you withall Lastly to conclude all these discourses by the application of this course used for your profit That it is not onely the means to make you the richest King that ever England had but also the safety augmented thereby to be most secure besides what shewed in the first part of this Discourse I mean by the occasion of this Taxation and raising of monies your Majesty shall have cause and means to imploy in all places of the Land so many Officers and Ministers to be obliged to you for their own good and interest as nothing can be attempted against your Person or Royall State over land but some of them shall in all probability have means to find it out and hinder it Besides this course will detect many disorders and abuses in the publick Government which were hard to be discovered by men indifferent To prohibite gorgeous and costly apparell to be worn but by persons of good quality shall save the Gentry of the Kingdom much more mony then they shall be taxed to pay unto your Majesty Thus withall I take my leave and kiss your gratious hands desiring pardon for my error I may commit herein Pasc. 5. Caroli Regis B. R. The Reports of the following Arguments were taken by Mr. Widdrington of Gray's-Inn UPon the Habeas Corpus out of this Court to bring here the body of one William Stroud Esq with the cause of his imprisonment to the Marshall of the Kings Bench it was returned in this manner That William Stroud Esq was committed under my custody by vertue of a certain Warrant under the hands of twelve Lords of the Privy Councill of the Lord the King the tenour of which Warrant followeth in these words You are to take knowledge that it is his Majesties expresse pleasure and commandment that you take into your custody the body of William Stroud Esq and keep him close-prisoner untill you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated the 2 d of April 1629. And the Direction thereof was To the Marshall of the King's Bench or his Deputy He is likewise held in prison by vertue of a certain Warrant under the hand of the King himself the tenour of which Warrant followeth in these words Carolus Rex Whereas you have in your custody the body of William Stroud Esq committed by the Lords of Our Privy Councill by Our speciall command you are to take notice that his commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up of Sedition against Us For which you are to detain him in your custody and keep him close-prisoner untill Our pleasure be further known concerning his deliverance Given at Greenwich the 7 th of May 1629. in the 5 th year of Our Reigne And the direction was To Our Marshall for Our Bench for the time being And these are the causes of the taking and detaining of the foresaid William Stroud c. And upon another Habeas Corpus to the Marshall of the Houshold to have the body of Walter Long Esq he made the same Return as above Ask of the Inner Temple of Counsell with Mr. Stroud moved That the Return was insufficient The Return consists upon two Warrants bearing severall Dates which are the causes of the taking and detaining of the Prisoner For the first Warrant which is of the Lords of the Councill that is insufficient because no cause is shewn of his commitment which is expresly against the resolution of the Parliament and their Petition of Right in the time of this King which now is to which he had likewise given his assent so his taking by vertue of the said Warrant is wrongfull And for the second Warrant it is insufficient also and that notwithstanding that it be the Kings own for the King himself cannot imprison any man as our Books are to wit 16 H. 6. F. Monstrance de faits 1 H. 7.4 Hussey reports it to be the opinion of Markham in the time of Edw. 4. and Forrescue in his Book de laudibus Legum Angliae cap. 18. And the reason given is because no action of false imprisonment lies against the King if the Imprisonment be wrongfull and the King cannot be a wrong doer The Statute
are but in the case of Premunire By the Statute of 13. Eliz. chap. 1. for the avoiding of contentious and seditious Titles to the Crown it is enacted by the said Statute That he that shall declare the Successor of the King shall forfeit the moity of his goods c. so that the said offence although it be seditious is not treason by the Common Law nor is made treason by the Statute of 25. E. 3. nor by the Statute of 13 Eliz. By the Statute of 23 Eliz. chap. 2. he that speaks seditious or slanderous news of the Queen shall lose his ears or pay 200 l. and the second offence is made Felony The Statute of 35 Eliz. chap. 1. 〈…〉 seditious Sectaries which absent themselves from the Church they are to be punished 10 l. by the month Out of all which Statutes it may be collected that the word Sedition is taken variously according to the subject in hand And C. 4. Lord Cromwell's case Seditious is referred to doctrine There are offences more high in their nature than sedition which were not treason unlesse so declared by act of Parliament Every rebellious act is sedition yet if such Acts be not within the Statute of 23 Ed. 3. they are not treason 17 R. 2. chap. 8. Insurrection of villains and others is not made treason which proves that before this Act it was not treason And this Act of 17 R. 2. is repealed by the Statute of 1 H. 4. By the Statute of 3 and 4 E. 6. chap. 5. to assemble people to alter the Lawes is made treason if they continue together an houre after Proclamation made This assembly of people was sedition at the Common Law and the very assembly if they after dissolve upon Proclamation made is not treason by the said Statute By the Statute of 14 Eliz. chap. 1. it is made Felony malitiously and rebelliously to hold from the Queen any Castles c. but because this relates not to the Statute of 25 E. 3. it is not treason 2. It seems clearly that this Case is within the Petition of Right in which Magna Charta and the Statutes of 25 and 28 E. 3. are recited The grievance there was That divers have been imprisoned without any cause shewed to which they might make answer according to the Law And upon this Return nothing appears to be objected to which he might answer It appears not what that Act which is called Sedition was This is the very grief intended to be remedied by this Statute To this he cannot answer according to Law It appears not whether this were a seditious act trespasse or slander or what it was at all The words are Sedition against the King This helps not for every offence is against the King against his Crown and dignity that which disturbs the Common-wealth is against the King seditious doctrine is sedition against the King as is before said In 28 H. 6. vide Postrat fol. 19. the Lords and Commons desire the King that William de la Pool may be committed for divers treasons and sundry other heinous crimes and the Petition held not good because too generall Whereupon they exhibit particular Articles against him And therefore upon the whole matter he concluded and prayed that Mr. Long might be discharged from his imprisonment On another day Barckley and Davenport the Kings Sergeants argued for the King That this Return was sufficient in Law to detain them in prison Barckley began and said That the case is new and of great weight and consequence and yet under favour the prerogative of the King and the liberty of the Subject are not mainly touched therein for the case is not so generall as it hath been made but particular upon this particular Return The liberty of the Subject is a tender point the right whereof is great just and inviolable The prerogative of the King is an high point to which every subject ought to submit I intend not to make any discourse of the one or the other I will onely remember what the King hath determined upon them both in his speech which he made upon the Petition of right to wit That the Peoples liberties strengthen the Kings prerogative and that the Kings prerogative is to defend the Peoples liberties Thi◠〈◊〉 settle the hearts of the people concerning their liberty The way which I intend to treat in my Argument is to answer to the objections and reasons which have been made and to give some reasons whereby this Return shall be sufficient The objections which have been made are reducible to four heads 1. By what the prisoner here shall be said to be committed and detained 2. That this Commitment is against the Petition of right 3. That the Cause which is here returned is generall and incertain 4. That the offences mentioned in the Return are but Finable and therefore notwithstanding them the party is bailable For the first it hath been objected that the commitment here was by the Lords of the Privy Councill and the signification of this cause is by the King himself But I say that there is a further matter in the Return for the Lords of the Councill do it by the command of the King and they onely pursue this command I will not dispute whether the Lords of the Councill have power to commit an offender or no it is common in experience 33 H. 6.28 Poignâ—â— case is expresse in it And in the Petition of right it is admitted that they may commit And this is not alledged there for a grievance but the grievance there was because the particular charge of commitment was not shewed Some Books have been objected to prove that the King though in person cannot commit any person 16 H. 6. F. Monstrance de faits 182. But the authority of that Book vanisheth if the case be put at large which was in trespasse for cutting of Trees The Defendant said That the place where c is parcell of the Mannor of D. whereof the King is seised in Fee and the King commands us to cut And the opinion of the Court was that this is no plea without shewing a specialty of the command of the King And there the whole Court saies That if the King command me to arrest a man whereby I arrest him he shall have trespasse or imprisonment against me although it be done in the presence of the King That the following words are to be understood as the principal case was of one command of the King by word and then such command by word to arrest a man is void And 1 H. 7.4 was objected Hussey saies that Markham said to King Edw. 4. that he cannot arrest a man for suspition of Treason or Felony because if he do wrong the party cannot have his action To this I say That the Book there is to be understood of a wrongfull arrest for there is spoken of an action of false imprisonment and a wrongfull arrest cannot be made by the
that it is but a Finable offence yet by the said Statute those which are imprisoned for open and notorious naughtinesse shall not be bayled the same naughtinesse is there intended high and exorbitant offence 2. It is fit to restrain the prisoners of their liberty that the Common-wealth be not damnifâ—ed It is lawfull to pull down a house to prevent the spreading mischief of fire it is lawfull to restrain a furious man And by the 14 H. 7. a Iustice of peace may restrain one rout Then the restraint of dangerous men to the Common-wealth is justifiable and necessary 24 E. 3.33 p. 25. Sir Thomas Figet went armed in the Palace which was shewed to the Kings Councell wherefore he was taken and disarmed before the chief Iustice shard and committed to the prison and he could not be bayled till the King sent his pleasure and yet it was shewed that the Lord of T. threatned him Out of which case I observe two things First that the Iudge of this Court did cause a man to be apprehended upon complaint made to the Council that is to the Lords of the Privy Council 2. That although he did nothing he is not mayn-pernable untill the King sent his pleasure because he was armed and furiously disposed So here UUherefore I pray that the Prisoners may be sent back again Davenport argued to the same intent and purpose and therefore I will report his Argument briefly 1. He said That the Return here is sufficient The Counsell on the other side have made fractions of this Return and divided it into severall parts whereas the genuine construction ought to have been made upon the entire Return for no violence ought to be offered to the Text. 7 E. 4.20 In false imprisonment the Defendant did iustifie and alledged severall reasons of his justification to wit because a man was killed and that this was in the County of S. and that the common voice and fame was that the Plaintiff was culpable And this was held a good plea although Bryan did there object That the plea was double or treble and the reason was because twenty causes of suspition make but one entire cause and indivisible unity in this ought not to be divided So C. 8.66 Crogates In an action of trespasse the Defendant justifies for severall causes and held good because upon the matter all of them make but one cause C. 8.117 It is said That it is an unjust thing unlesse the whole Law be looked into to judge and answer by propounding any one particular thereof and if it be unjust in the exposition of a Law it is uncivill in a Return to make fractions of it in the construction thereof especially it being a Return for Information and not for Accusation 2. Although the Counsell on the other side have taken this case to be within the Petition of Right yet this is Petitio principii to take that for granted which is the question in debate He said That he would not offer violence to the Petition of Right to which the King had assented and which shall really be performed But the question here is Whether this Return be within it and the Iudges are keepers not masters of this pledge and it seems that this Return is out of the letter and meaning of the said Statute 3. He said That this was the actuall commitment of the Lords of the Privy Councill and the habituall or virtuall commitment of the King But because upon these two matters he put no case nor gave any reason but what had been put or given in the Argument of the grand Habeas corpus Mich. 3 Caroli and afterwards in the House of Commons which was reported to the Lords in the painted Chamber all which Arguments I heard I have here omitted them And for the great respect which the Law gives to the commands of the King he put these cases 7 H. 3. Attachment of waste against the Tenant in Dower and the waste was assigned in the taking of fish out of a pond and the carrying them away The Defendant pleaded That her second husband by the command of the Lord the King took all the fish out of the said pond to the use of the Lord the King and held a good justification which proves that the command of the King there to her husband excused her of the said waste And yet it is clear that Tenant in Dower is liable to an action of waste for waste done in the time of her second husband But contrary is it where a woman is Tenant for life and took a husband who made waste and dyed no action lies against the wife for that waste And F. N. B. 17. A. If the Tenant in precipe at the grand cape makes default the King may send a UUrit to the Iustices rehearsing that he was in his service c. commanding them that that default be not prejudiciall to him and this command of the King excuseth his default be the cause true or no. 4. For the particulars of the Return it is for notable contempts against the Government But as to that it hath been said that the King hath sundry governments to wit Ecclesiasticall Politicall c. and it is not shewn against which of them This is but a cavilling exception they might as well have excepted to this Return because it is not shewen that these contempts were after the last generall Pardon that had been a better exception The last words of the Return are raising sedition against Us But as to this it hath been said That Seditio is not a word known in the Law and is alwaies taken either Adverbially or Adjectively and is not a Substantive To this he said That although it is not a Substantive for the preservation yet it is a Substantive for the destruction of a Kingdom And he said that he found the word Seditio in the Law and the consequent of it likewise which is seductio populi But it is not ever found to be taken in a good sense it is alwaies ranked and coupled with treason rebellion insurrection or such like as it appears by all those Statutes which have been remembred on the other side Therefore he prayed likewise that the Prisoners might be sent back Trin. 5 Car. B. R. THe first day of the Term upon Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of John Selden Esq with the cause of detention He returned the same cause as above and Littleton of Counsell with him moved that the Return was insufficient in substance therefore he prayed that he might be bayled It is true that it is of great consequence both to the Crown of the King and to the liberty of the Subject But under favour for the difficulty of Law contained in it the case cannot be said Grand In my Argument I will offer nothing to the Court but that which I have seen with these eyes and that which
in my understanding which is much subject to mistakes can receive no sufficient answer I will divide my argument into four severall heads 1. To point out those matters which I think unnecessary and not conducible to the matter in question 2. I will consider the Warrant of the Privy Councill in this case 3. The UUarrant of the King himself 4. The objections which have been made by the contrary side the strength of them and give answer to them For the first of these heads 1. I will admit that the King may commit a man 2. That a man committed by the King is not replevisable by the Sheriff but he is baylable by this Court notwithstanding the Statute of Westm. 1 C. 15. And that he shall not be baylable is against the Petition of Right I will not dispute it for it is established by the Answer of the King to the said Petition And the Arguments made to this purpose in the said Parliament and in the Painted Chamber before both the Houses are recorded in Parliament to which every one may resort But I will lay as a ground of my following Argument that as offences are of two natures Capitall or as Trespasses so they are punished in two manners to wit Capitally or by Fine or Imprisonment For the offences of the first nature as Treasons and the like imprisonment is imposed upon the offender onely for Custody but for misdemeanors of the second nature imprisonment is imposed upon him for a Punishment Then this is my ground That no free-man that is imprisoned onely for misdemeanours before conviction may be detained in prison without bayle if it be offered unlesse it be in some particular cases in which the contrary is ordained by any particular Statute 2. For the Warrant of the Privy Councill which signifies the pleasure of the King to commit the prisoner perhaps this was a good ground of the commitment but it is no ground for the detaining of the prisoner without bail and this the King himself hath acknowledged as the antient Right of the Subject in the Petition of Right wherefore it is not now to be disputed 3. For the Warrant of the King as it is certified by this Return there is not any sufficient cause contained within it for the detaining of the prisoner in prison for the Law being as I have declared above that for a misdemeanour before conviction no free-man may be imprisoned before conviction without bayl or mainprize The sole question now is If this Return contain within it any capitall offence or if onely a trespasse or misdemeanour and then the party is baylable And for the disquisition hereof I will consider the Return 1. As it is divided in severall parts 2. I will consider all those parts of it together 1. As it is severed in parts The first part of it for notable contempts by him committed against Our Self and Our Government For contempts all contempts are against the King mediately or immediately and against his Government Notable this is all one with notorious and manifest as appears by the Statute of Westm. 1 chap. 15. and 26 E. 3.71 which hath been remembered And Notable is but an emphaticall expression of the nature of the thing and alters it not Against Us All riots routs batteries and trespasses are against Us and against Our Crown and Dignity contempt against any Court of Iustice is a contempt against Us. But if the Return were made here that he was committed for a contempt made in Chancery the party shall be bailed as it was resolved in this Court in Michael Apsley's case and in Ruswel's case 13 Jac. for the Return is too generall C. 11.98 In it the nature of the offence ought to be expressed that the Court may iudge thereof And contempts here is indiliviâ—luum vagum therefore for them before conviction the party cannot be imprisoned without bayl or mainprize The second part of the Return is And for stirring up of sedition against Us The other-side said that Seditio is ever taken in the worst sense That is true But hence it followes not that the party that commits it is not baylable Every small offence is taken in the worst sense as the stealing of an Apple and the like but such kind of offendors shall not be committed without bayl To examine the nature of this offence which is called Sedition it ought to be understood as this Return is either as Trespasse or as high Treason for it cannot be intended to be petty-treason for petty-treason is so called in respect of the offence done to any particular subject but in respect of the King it is but as a felony therefore the Indictments for the same are Feloniously and traiterously And here the words are sedition against Us so of necessity it ought to be intended of an offence that more immediately concerns the King For the discussing of this matter First I will consider in what sense and signification this word Seditio is used 2. How it shall be expounded here by the relation thereof to the King 3. What sense these words against Us shall have here 1. For Sedition it is not found in the division of offences in our Law but as it is mingled and coupled with other offences No Indictment of Sedition onely was ever seen nor can be shewen routs riots and unlawfull assemblies are much of the same nature with it and do well expresse the nature of Sedition The English word is drawn from the word Seditio in Latine and the derivation of it is as hath been observed Se-itio or Seorsum-itio and the seditious as one saies take a diversion and draw others It is used in the Bible in Poets Histories and Orators for a tumult or hurly-burly or uprore or confused noise Seditioque recens dubioque susurro in Liv. lib. 2. cap. 44. And in Tacitus it is taken for mutiny in an Army when the Army is alwaies repining at the Captain In the Italian Language which is the elder son of Latine sedition and discord is all one Numb cap. 20.3 the Latine Translation is Versi in seditione the English is chode or murmured Numb 26.9 the Latine is In seditione Corah the English is In the company of Corah Numb 27. 3. the Latine is Nec fuit in seditione eorum the English is In the company or assembly of them Judg. 12.1 the Latine Translation is Facta est ergo seditio in Ephraim the English Translation is The men of Ephraim gathered themselves together In the New Testament Act. 19.40 Seditio in the Latine is translated uprore or meeting Act. 15.2 Facta est ergo seditio c. and it is translated dissention and disputation Act. 24.5 Tertullus the Orator accuseth Paul for moving sedition and the subsequent words are A ring-leader of the sect of the Pharisees so that his sedition there was but a schism And the words there are in a manner the very same with ours here there it was for moving here for
baylable And 33 Eliz. it was resolved by all the Iustices of England which I have viewed in chief Iustice Andersons Book under his own hand and it was produced in Parliament That all men committed by the Privy Councill are baylable if the commitment be not for high treason In all cases of commitment an accuser is understood Suppose that the accusation mentioned in Russel's case of sedition had been an accusation of treason then the Iudges ought not to have bayled him of right and no man will say but that the said accusation was a good cause to commit him But the discovery of the offence ought to be afterward in an Indictment Fourthly I come to the objections which have been made on the contrary 1 st It was objected That this was a case of great consequence I confesse it but this consequence is not to the King for if it be truly treason then they might have returned Treason and then the party was not to be bayled of right till there should be a failer of prosecution as was lately in Melvins case who was bailed for lack of prosecution the Return being for high treason 2 ly It was objected that there can be no conviction as this case is therefore there ought to be coercive power to restrain the prisoner This is strange newes to me that there shall be any offence for which a man cannot be convict And if there can be no conviction it hence followes that there is no offence and if there be no offence there ought by consequence to be no imprisonment 3 ly The case of 14 H. 7.8 hath been objected that a Iustice of Peace may commit Rioters without bayl I confesse it for this is by force of a Statute which ordains it 4 ly It hath been objected That if a house be on fire it is lawfull to pull down the neighbours house for the prevention of further mischief and the cases of 22 ass and 22 E. 4. that every man may justifie the coercion of a mad-man I answer That these cases are true for of necessity and no other evasion but here bayl is proffered which is body for body Fire is swift and cannot be punished and no caution can be obtained thereof But observe the true inference and consequence of this Argument If my house be on fire my neighbours house must be pulled down Mr Selden is seditious ergo Mr. Herbert his neighbour must be imprisoned 5 ly It hath been objected out of Br. Treason 24. 1 Mar. That the said Statute of 25 E. 3. is taken largely and that the detaining of a Castle or Fortresse is treason To this I answer That the bare detaining of a Castle is not treason unlesse it be with intention of the death of the King but the taking of a Castle is treason And the case there meant by Brook is Constables case Dy. 128. And I confesse 13 Eliz. Dy. 298. Doctor Story 's case that conspiracy to invade the Kingdom is treason for this cannot be without great danger of the death of the King for arma tenenti Omnia dat qui justa negat and all those Indictments were that they intended the death of the King but no such intention is expressed here 6 ly It hath been objected That this case is out of the Petition of Right because in this Return there is a cause shewed But the grievance whereupon the Petition of Right was framed was where no cause was returned It is true that the grievance goes no further but where no cause was returned for that was the grievance at that time But the words of the Petition of Right are further without being charged with any thing to which they might make answer by the Law which implies that such cause ought to be contained in the Return which being put into an Indictment the party may have his answer thereto 7 ly It was objected that the Return shall not be construed and expounded by fractions I answer That we need not make such an exposition for the joynt-construction thereof makes more for us then the severall as is shewed before 8 ly That a generall Return is sufficient and it need not have tearms of Art in it as an Indictment ought to have For answer I confesse it but I affirm as above that a Return ought to be so particular that the nature of the offence ought to appear out of it And it is not to be compared to generall Writs as Apostatâ capiendo Idiota examinando Leproso amovendo and the like for those Writs are good enough because they contain the very matter And although it hath been said that there are two kinds of Lepers yet I never heard but of one And the Writ de Haeretico comburendo is generall and good because it is but a Writ of Execution upon a Iudgment given by the Spirituall power But because they might not meddle with the blood of any man the execution is by the Secular power 9 ly It hath been objected out of 30 ass p. 19. that the King would have one drawn and hanged for bringing in into England the Buls of the Pope But the Book answers it self for he was not drawn and hanged 10 ly The Statute of Westm. 1. cap. 15. was objected But as oft as that Statute is objected I will alwaies cry out The Petition of Right the Petition of Right as the King of France cryed out nothing but France France when all the severall Dominions of the King of Spain were objected to him 11 ly A curious distinction hath been taken by Serjeant Davenport between stirring To sedition and stirring Up sedition for the first implies an inclination onely to do it the second implies an act done But this is too nice for if a man stir up sedition or to sedition if it be with intention of the death of the King the one and the other is treason 12 ly The opinion of Fortescue in 31 H. 6.10 b. hath been objected That for an offence done to the Court a man may be committed before conviction To this I answer 1 st That the Book does not say That he shall be committed without bayl 2 ly The offence being done in face of the Court the very view of the Court is a conviction in Law 13 ly There was objected the 24 of E. 3.23 Sir Fitchet's case who for going armed in the Palace was committed by this Court without bayl or mainprize which seems to be the strongest and hardest case that hath been objected But the answer to it is clear and undeniable for the Statute of 2 E. 3. c. 3. is That if any one come armed before the Iustices he shall forfeit his Armour and shall be imprisoned during the Kings pleasure so that by the expresse purview of the Statute such a man is not baylable So my conclusion remains firm notwithstanding any of those objections That the prisoner here being committed before conviction of any offence it being not possible to understand this
offence treason is baylable And that he is baylable here I will offer two other reasons 1 st The Return here is for sedition and there is an information in the Star-chamber against the Prisoner for seditious practises against the King and his Government I will not affirm that they are the same offence but there is some probability that they are the self-same and if they be the same offence then the sedition here intended is not treason and so the party is baylable 2 ly This Prisoner was ready at this Bar the last Term and here was a Grand-Iury at Bar the last Term and here was the Kings Counsell present who are most watchfull for the King and yet an Indictment was not preferred to them against this Prisoner Which things induce me to be of opinion that the offence here mentioned in this Return is not treason or so great as is pretended on the other side I will remember one case which perhaps may be objected and yet I think they will not object it and so conclude 11 R. 2. Parliament Roll 14. in the printed Statute c. 3. and 5. where it appears that divers questions were propounded by the King to Tresilian and Bealknap the two chief Iustices and to the other Iustices one of which questions was How they are to be punished who resisted the King in exercising his royall power c And the answer of the Iudges was una voce that they are to be punished as traitors and 21 R. 2. c. 21. this opinion was confirmed But afterwards in 1 H. 4. c. 3. and 4. and 1 H. 4. in the Parliament-Roll numb 66 67 the Iudges were questioned for their opinion in Parliament They answered That they were threatned and enforced to give this opinion and that they were in truth of the contrary opinion And Bealknap said That he acquainted and protested to the Earl of Kent aforehand that his opinion was alwaies to the contrary But the Parliament was not content with these excuses but they were all adjudged Traitors and Tresilian's end is known to all and Bealknap was banished for his Wife in 2 H. 4. brought a Writ without naming her husband because he was banished And the said Statute of 21 R. 2. was repealed Therefore upon the whole matter I conclude that the Prisoner ought to be bayled On the same day Sir Miles Hubbart and Benjamin Valentine and Densill Hollis Esquires were at Bar upon an Habeas corpus directed to the severall Prisons and their Counsell was ready at the Bar to have argued the case for them also But because the same Return was made as above they said That all of them would rely upon this Argument made by Mr. Littleton The case of the grand Habeas corpus for Mr. Selden and others was now argued by Heath the Kings Atturney Generall That this Return was good and that the parties ought not to be bayled And that within the Return there appears good cause of their commitment and of their detaining also The case is great in expectation and consequence and concerns the liberty of the Subject on the one part whereof the Argument is plausible and on the other part it concerns the safety and soveraignty of the King which is a thing of great weight The consideration of both pertaines to you the Iudges without slighting the one or too much elevating the other The Return which now is before you is entire but I will first consider it as divided in parts First The first Warrant which is that of the Lords of the Privy Councill is generall that it was by the command of the Lord the King and this in former times was held a very good Return when due respect and reverence was given to Government but Tempora mutantur And this Return is no way weakened by any latter opinion for notwithstanding that the first commitment of a man may be generall for if upon the Return the true cause should be revealed to the Gaoler by this means faults should be published and divulged before their punishment and so the complices of the fact will escape and it is not fit that the Gaoler which is but a ministeriall Officer should be acquainted with the secrets of the cause But when the cause is returned in Court more certainty is requisite for then as it hath been objected something ought to be expressed to which the party may answer and upon which the Court may ground their Iudgment And to this purpose it hath been much insisted upon the Petition of Right but the Law is not altered by it but remains as it was before And this will appear upon the view of all the parts of the Petition 1 st The occasion of the Petition and the grievance is shewed in these words Divers of your Subjects have been of late imprisoned without any cause shewed c. But in this Return there is a cause shewed to which the parties may answer Then secondly the prayer of the Petition is That no free-man in any such manner as before is mentioned be imprisoned or detained that is such manner of imprisonment the ground whereof doth not appear Then the answer of the King to the Petition was in sundry words 2 Jun. 1628. in these words The King willeth that right be done according to the Lawes and Customes of the Realm c. Which answer gave not satisfaction And afterwards his answer was in a Parliamentary-phrase Soit droit fait come est desire But afterwards on the 26 of June 1628. the King expressed his intention and meaning in the said Answer It must needs be conceived that I have granted no new but onely confirmed the antient liberties of My Subjects c. A Petition in Parliament is not a Law yet it is for the honour and dignity of the King to observe and keep it faithfully but it is the duty of the people not to stretch it beyond the words and intention of the King And no other construction can be made of the Petition then to take it as a Confirmation of the antient liberties and rights of the Subjects So that now the case remains in the same quality and degree as it was before the Petition Therefore we will now consider how the Law was taken before the Petition and for the discussing thereof we will examine the second part of the Return and in it two things 1 st if the Return as it is now made shall be intended for true 2. admit that it is true if there be any offence contained within it which is good to detain the Prisoners For the first It is clear that the cause shall be intended true which is returned though in truth it be false and so are 9 H. 6.44 and F. Corpus cum causa 2. and C. 11. Baggs case 2 ly It seems that there is such a crime contained in this Return which is a good cause for detaining the Prisoners It is true that it was confidently urged in Parliament
and others was now moved by Mason to have the resolution of the Iudges and the Court with one voice said That they are now content that they shall be bailed but that they ought to find Sureties also for the good behaviour And Jones Iustice said that so it was done in the case which had been often remembered to another purpose to wit Russell's case in 9 E. 3. To which Mr. Selden answered with whom all the other Prisoners agreed in opinion That they have the Sureties ready for the bayl but not for the good behaviour and desire that the bayl might first be accepted and that they be not urged to the other Sir Robert Heath the Kings Atturney-generall exhibited Information in this Court against Sir John Eliot Knight Denzill Hollis and Benjamin Valentine Esquires the effect of which was That the King that now is for weighty causes such a day and year did summon a Parliament and to that purpose sent his Writ to the Sheriff of Cornwall to chuse two Knights by vertue whereof Sir John Eliot was chosen and returned Knight for Cornwall And that in the same manner the other Defendants were elect Burgesses of other places for the same Parliament And shewed further that Sir John Finch was chosen for one of the Citizens of Canterbury and was Speaker of the House of Commons And that the said Eliot publickly and malitiously in the House of Commons to raise sedition between the King his Nobles and People uttered these words That the Councill and Judges had all conspired to trample under-foot the Liberties of the Subjects He further shewed that the King had power to call adjourn and dissolve Parliaments And that the King for divers reasons had a purpose to have the House of Commons adjourned and gave direction to Sir Joâ—n Finch then the Speaker to move as adjournment and if it should not be obeyed that he should forthwith come from the House to the King And that the Defendants by confederacy afore-hand spake a long and continued Speech which was recited verbatim in which were divers malitious and seditious words of dangerous consequence And to the intent that they might not be prevented of uttering their premeditate speeches their intention was that the Speaker should not go out of the Chair till they had spoken them the Defendants Hollis and Valentine lay violent hands upon the Speaker to the great afrightment and disturbance of the House And the Speaker being got out of the Chair they by violence set him in the Chair again so that there was a great tumult in the House And after the said speeches pronounced by Sir John Eliot Hollis did recapitulate them And to this information the Defendants have put in a plea to the Iurisdiction of the Court because these offences are supposed to be done in Parliament and ought not to be punished in this Court or in any other but in Parliament And the Atturney-Generall moved the Court to over-rule the plea to the Iurisdiction And that he said the Court might do although he had not demurred upon the plea. But the Court would not over-rule the plea but gave day to joyne in Demurrer this Tearm And on the first day of the next Tearm the Record shall be read and within a day after shall be argued at Barre But Hyde chief Iustice said to the Counsell of the Defendants So far light we will give you This is no new question but all the Iudges of England and Barons of the Exchequer before now have oft been assembled on this occasion and have with great patience heard the Arguments on both sides and it was resolved by them all with one voice That an offence committed in Parliament criminally or contemptuously the Parliament being ended rests punishable in an other Court Jones It is true that we all resolved That an offence committed in Parliament against the Crown is punishable after the Parliament in another Court and what Court shall that be but the Court of the Kings Bench in which the King by intendment sitteth Whitlock The question is now reduced to a narrow room for all the Iudges are agreed That an offence committed in Parliament against the King or his Government may be punished out of Parliament So that the sole doubt which now remains is Whether this Court can punish it And Crook agreed That so it had been resolved by all the Iudges because otherwise there would be a failer of Iustice. And by him If such an offence be punishable in another Court what Court shal punish it but this Court which is the highest Court in the Realm for criminall offences And perhaps not onely criminall actions committed in Parliament are punishable here but words also Mason of Lincolns-Inne argued for Sir John Eliot one of the Defendants The charges in the Information against him are three 1. For speeches 2. For contempts to the King in resisting the Adjournment 3. For conspiracy with the other Defendants to detain Mr. Speaker in the Chair In the discussion of these matters be argued much to the same intent which he had argued before upon an information brought in the Star-Chamber against the same Defendants and others for the same offences therefore his Argument is reported here very briefly 1 st For his speeches They contain matter of accusation against some great Peers of the Realm and as to them he said That the King cannot take notice of them The Parliament is a Councill and the grand Councill of the King and Councills are secret and close none other hath accesse to those Councills of Parliament and they themselves ought not to impart them without the consent of the whole House A Iury in a Leet which is sworn to enquire of offences within the said Iurisdiction are sworn to keep their own counsell so the House of Commons enquire of all grievances within the Kingdom and their counsells are not to be revealed And to this purpose was a Petition 2 H. 4. numb 10. That the King shall not give credit to any private reports of their proceedings To which the King assents therefore the King ought not to give credit to the information of these offences in this case 2 ly The words themselves contain severall accusations of great men and the liberty of accusation hath alwaies been Parliamentary 50 E. 3. Parliament-Roll numb 21. The Lord Latimer was impeached in Parliament for sundry offences 11 R. 2. the Arch-Bishop of York 18 H. 6. numb 18. the Duke of Suffolk 1 Mar. Dy. 93. the Duke of Norfolk 36 H. 6. numb 60. un Uickar Generall 2 3 E. 6. c. 18. the Lord Seymer 18 of King James the Lord of St. Albans Chancellor of England and 21 of King James Cranfield Lord Treasurer and 1 Car. the Duke of Buckingham 3 ly This is a priviledge of Parliament which is determinable in Parliament and not else-where 11 R. 2. numb 7. the Parliament-Roll Petition exhibited in Parliament and allowed by the King That
sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five thousand pounds shall be assigned for the dammages losses sufferings and imprisonment sustained and undergone by Mr. Strode late a member of this House deceased for service done by him to the Common-wealth in the Parliament of tertio Caroli Resolved c. That Mr. Benjamin Valentine shall have the sum of five thousand pounds paid unto him for the dammages losses sufferings and imprisonments sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five hundred pounds shall be bestowed and disposed of for the erecting a Monument to Sir Miles Hobert a Member of the Parliament of tertio Caroli in memory of his sufferings for his service to the Common-wealth in that Parliament of tertio Caroli Resolved c. That Mr. Samuel Vassell shall have the sum of ten thousand four hundred forty five pounds twelve shillings two pence paid him for his losses and dammages sustained for denying to pay Tunnage and Poundage not granted by Act of Parliament in pursuance and obedience to a Declaration and Vote of this House Resolved c. That this House doth declare that they will in due time take Mr. Vassell into further consideration for his imprisonment and personall sufferings Ordered That it be recommitted to the Committee who brought in this Report to consider how the severall sums of mony this day ordered to be paid for dammages to the severall Members and others before named for their sufferings in the service of the Common-wealth may be raised FINIS AN INDEX Alphabetically digested relating to the Principal Persons and Matters contained in this Book A. ABbot Archbishop his advice concerning the Palatinate War p. 12 In disgrace at Court p. 61. his Letter to the King against Toleration of Popery p. 85. Still in disfavor p. 435. A Commission to sequester him â—b his Narrative at large containing the true cause of his being sequestred from p. 438. to 461. His Speech concerning the Petition of Right p. 552 Abbot Doctor p. 62 Acts passed in Parliament p. 152 195 644 Alford Master p. 568 Allured Master his Letter to the Duke p. 91. Another concerning the Duke p. 621 Ambassadors private Instructions p. 18 Anhault Prince made General of the Bohemians p. 14 Arminians p. 62 111 177 180 181 479 Arundel Earl p. 368 c. Ashley Serjeant questioned for words p. 552 Aston Sir Walter p. 14 60 106 107 113 114 Le Assembli des notables c. p. 691. And p. 14. Appendix Aske Mr. His Argument for Master Stroud p. 18. Appendix B. BAcon Lord Chancellor p. 28 29 31 162 Barkley Serjeant his Argument against Mr. Stroud Appendix p. 21 Barkshire Earl p. 376 Barons of the Exchequer sent unto about Merchants gâ—ods p. 666 667 Beecher Sir William p. 430 Bethlem Gabor assists the Bohemians p. 12 Bohemians vide Palatinate Book of Bounty prohibited p. 417 Bramston Serjeant upon the Habeas Corpus p. 463 Bristol vide Digby Buckingham writes unto Gundamor of King James dissatisfaction about the Palatines War p. 16. Goes with the Prince into Spain p. 76. Made Duke p. 78. A Letter sent to him from Mr. Allured p. 91. His Narrative to both Houses of Parliament p. 119. The truth thereof attested by the Prince p. 16. The Popes Letter to him p. 80. His head demanded by the Spanish Ambassador p. 126. The Duke is justified of both Houses ibid. And by King James who called him his disciple p. 127. Is accused again by the Spanish Ambassador p. 144 Renders an account in Parliament of the Fleet p. 190. And also speaks on his own behalf p. 191. Queries in Parliament concerning the Duke p. 221. Sir John Elliot concerning the Duke p. 224. The Kings Speech on behalf of the Duke p. 225. Lord Keeper to the same purpose p. 227. The Duke explains the Kings and the Lord Keepers Speech in Parliament p. 229. And renders an account of his Negotiation in the Low Countreys and elswhere p. 231. Is vindicated by the Lord Conway p. 235. The Commons present a Remonstrance against him p. 247. Private advice given him p. 250. The Dukes answer to a Message from the Commons p. 251. Articles exhibited against him by Bristol p. 266. The Kings Message on behalf of the Duke against Bristol p. 270. Impeached by the Commons p. 307. managed at a Conference by Eight Members p. 306 307 308 c. Private suggestions on behalf of the Duke p. 360. The Kings Speech on his behalf p. 361. A Message from the Commons against him p. 361. His Speech against them p. 367. Sir Dudley Carlton concerning him p. 362 363. Dissatisfied at the release of Sir John Elliot p. 365. Sir John Elliots explanation concerning him p. 366. Is chosen Chancellor of Cambridge p. 375. His Letter to that University p. 377. The Kings Letter on his behalf p. 378. His Speech in Parliament before he gave in his Answer p. 379. His Plea and Answer to the Impeachment p. 380 c. The King prefers an Information against him in Star-Chamber p. 417. Sets sail with the Fleet p. 429. Lands his Army at the Isle of Rhee p. 430. And had a hot encounter with the French p. 431. Omits to take in the little Fort ibid. Lays siege to the Cittadel at St. Martins ibid. Retreats with the Army from Rhee p. 469. Declared cause of all grievances p. 615. Desires to clear himself concerning some words supposed to be spoken by him p. 639. And charges one Melvin for speaking words against him ibid. Is slain at Portsmouth p. 647. The King receives news of his Death ibid. Burlacy Sir John p. 15 Burroughs Captain p. 15 40 Burroughs Sir John slain at Rhee p. 200 C. CAlthrop Mr. p. 464. Appendix 49 Carlile Earl p. 173 Carlton Sir Dudley p. 76.362 363 Carmarthen Mr. his Answer about Customs p. 668 Cautionary Towns in the Netherlands delivered up p. 3 Chambers Mr. questioned at the Council and committed p. 651. Brings his Habeas Corpus ibid. is bailed p. 652. his Goods seised on for not paying of Customs p. 653. A Writ of Replevin denied him ibid. Proceedings in Star-Chamber against him p. 680. His Sentence p. 681. His submission tendred p. 682. His refusal thereof p. 683. His Plea in the Exchequer against the jurisdiction of the Court of Star-Chamber ibid. Brought upon Habeas Corpus p. 686. His Petition to the long Parliament p. 687. His Death p. 689 Charls Prince his Letter to Philip the Fourth of Spain about the Match p. 59. Goes disguised into Spain p. 76. Had a sight of the Princess Henrietta Maria as the passed through France ibid. His reception and entertainment in Spain p. 77. Endeavors used to make him change his Religion p. 78. The Popes Letter to him ibid. His Answer thereunto p. 82. Swears to
real from things fictitious or imaginary Whereof I shall not at all repent if I may but prove an ordinary Instrument to undeceive those that come after us If you demand why my Collections commence so early and start at such a distance of time so remote I must answer That it was at first in my purpose to begin with the Parliament which met Nov. 3. 1640. But after I had perused ordered and compared my Printed and Manuscript-Relations of the First Year of that Parliament I found they pointed at and were bottomed upon some Actions of the late King in dissolving four preceding Parliaments And thereupon the zeal I had to clear the truth of the Differences between the King and Parliament forced me to a longer Adventure especially seeing the Essay had been very imperfect and but a meer fragment if I had only writ the Death and not the Life of a Prince who in the first Speech that ever he made in his first Parliament did reflect upon some passages in a former Parliament that advised his Father to break off the two Treaties with Spain touching a Marriage and Restitution of the Palatinate and so engaged the Father in a War which the Son was by him left to prosecute And this Consideration put me upon a further enquiry concerning the aforesaid Treaties the causes and grounds of the War in the Palatinate and how far the same concerned England and the oppressed Protestants in Germany And finding those proceedings to have their rise in the Year 1618. in which Year the Blazing-Star appeared I resolved that very Instant should be the Ne plus ultra of my Retrospect I allow and accept it as a good Memento which I meet with in a late Author That most Writers now adays appear in Publique not crook-backed as it is reported of the Iews but crook-sided warped and bowed to the right or to the left For I have heartily studied to declare my self unbiassed and to give an instance That it is possible for an Ingenuous man to be of a Party and yet not partial If any one engaged on the King's side come forth in Print with the like moderation fairness and indifferencie without heat and personal reflections our Posterity may be confident of a full discovery of Truth which is every honest mans desire and expectation And besides the Vertues and Reasons of men concerned may shine and give satisfaction even to those who are not of the same Judgment I pretend onely in this Work to a bare Narrative of matter of Fact digested in order of time not interposing my own Opinion or interpretation of Actions I infuse neither vinegar nor gall into my Ink If I mention a Charge or Impeachment it relates also to the Defence that was made by the Accused And though in these latter times Titles Names and Dignities are altered yet I use the Language of that Time of which I write speaking as the then Parliaments spake and not robbing any man of the Honor or Epithite which they then pleased to give him If I speak of any transactions which I my self did not see or hear I do so with all the caution imaginable having first consulted Records conferred with Persons of unquestionable esteem interessed in the very actions or perused their known hand-writings of those times and where I make mention of any Letters or Passages scattered in print I first well weighed the same and out of whose Closets they came and found many of them concredited before I inserted them And lastly where I doubted I perfected my Intelligence by Forein correspondencies fetching my satisfaction in divers particulars out of Germany Spain and Italy Here you will have an intermixture of Secrets of State useful for States-men and of matters of Law which may be of some use not only to the Professors of it but to every Englishman for though few profess the Law yet all live by it for it hedges in and upholds the Rights Liberties and Properties The matters of Law are not all bound up in one bundle but you will finde them dispersed in interlocutory Speeches and Discourses some of them in Historical Narrations and lastly in Polemical Debates and Arguments taken by a Gentleman then a young Student of the Law which you will finde in an Appendix placed at the end of the Book and I hope the Reader will not think his minutes ill bestowed in reading of them though out of place A great part of the Work is filled up with remarkable Transactions in Parliament and the Course and Proceedings thereof wherein you will finde not onely great wit and wisdom but choice Eloquence and excellent Orators Diggs Wentworth Phillips Elliot Glanvile and others not much inferior to the Roman Demagogue I durst not presume to contract them to an Epitomie or Abridgement lest by essaying that I might trespass too much upon the Soil of other mens Inventions and Judgements or prejudice Truth or the Persons whose natural Off-springs they are Here you have Debates Siftings and Consultations of each House apart and also by Conferences each with other Alterius sic Altera poscit opem Domus consultat amicè and Resolutions of Parliaments and some Laws which were the ultimate productions of these Councels and Debates I have but a word to say to my good and worthy Friends of the Army and it must be by way of Apology that this Treatise contains not what may be expected by them from me the Relation of the Motions Actions and Atchievements of the Army which I acknowledge was the first thing in my thoughts and intentions But upon further consideration I thought it necessary to look somewhat backwards that we may the better understand the Causes and Grounds which brought the late War upon us before we set forth the Actions of the War In the former we may see the vigilancy and care of our Ancestors to secure and uphold our Liberties and Properties and to transmit the same in as much purity as might be to their Posterity in the latter which are the Actions of the War you shall see their Courage and Magnanimity setting a higher value upon the Rights and Liberties of the Nation then upon their own Lives Whom therefore when I come in order of time to mention and shall also have occasion to magnifie for their perseverance in maintaining and defending those Laws and Liberties so redeemed with the price of their blood against Arbitrary wayes and courses how joyfull shall I be to employ my Pen to Chronicle such of their Names to Posterity who justly merit that Character as worthy of Double Honor. In the second Part of my Collections which is to follow according to the entertainment which this findes abroad I shall write with the more confidence because I did personally attend and observe all Occurrences of moment during the Eleven years Interval of Parliament in the Star-Chamber Court of Honor and Exchequer-Chamber when all the Judges of England met there upon extraordinary
Cases at the Council Table when great Causes were heard before the King and Council And when matters were agitated at a greater distance I was there also and went on purpose out of a curiosity to see and observe the passages at the Camp at Berwick at the Fight at Newborn at the Treaty at Rippon at the great Council at York and at the meeting of the Long Parliament The Observations I made during all the said time shall be further known if I be encouraged to proceed and that this my Forlorn be not repelled and defeated Thus have I good Reader acquainted thee in plain English with the Lines and rude Draughts of what hath been and what is like to be multorum annorum opus in which as I never did approve so neither could I perswade my self to tread in their Steps who intermingle their Passion with their stories and are not content to write of unless they write also for a Party or to serve an Interest and so declare themselves far better Advocates then Historiansâ—â— I profess that in singleness of heart I aim at truth which to me has alwayes seemed hugely amiable even without the tires and advantages of Wit and Eloquence And therefore in order to my greatest purpose I have esteemed the most unaffected and familiar Stile the best Altum alii teneant And so irresistible is the force of Truth and the Divine Providence so great that howsoever all possible diligence may have been used to carry things in secret and to act by colourable Pretences men often acting like Tumblers that are squint-eyed looking one way and aiming another Yet hath God in these our dayes brought to light such Secrets of State such private Consultations such strâ—nge Contrivances discovered by Letters Papers and Cabinet-memorials seised on in time of the War as otherwise probably neither we nor our Posterity should have ever known I conclude with the learned Spaniards opinion Satis est Historiae si sit vera quae ut reliqua habeat omnia si veritatem non habet obtinere nomen suum non potest J. RUSHWORTH 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h.e. Anglorum leges Suadam consulta Senatus ausáque cuncta loquor tempore quaeque suo Excipis adverso si pectore ore maligno pluribus invideas Zoile nemo tibi The Printer to the Reader BEing obliged to get this Book finished against the ensuing Term I was constrained to make more haste then ordinary so that possibly some Faults have escap'd which I request the Courteous Reader to Pardon and Amend as they shall be met with VALE The right high and most mightie Monarch â—AMES by the Graâ—ce of God King of great Britaine Fraunce and Ireland c Defendor of the Faith Historical Collections THe grand business of State in the latter times of King Iames was the Spanish Match which had the Kings heart in it over-ruled all his Counsels and had a mighty influence upon the Universal State of Christendom This King affecting the name of a King of Peace and Peace-maker as his chief glory had designed what in him lay the setling of a general Peace in Europe and the reconciling of all Parties and professed that if the Papists would leave their King-killing and some other grosser Errors he was willing to meet them half way moreover he was ever zealous for the honor and height of regal Majesty and to maintain the glory of it in his Successors 't was his chief desire and care to match his Son with some Princess of most high descent though of a different Religion There had been a Treaty of Marriage between the late Prince Henry and a Daughter of Spain which on the Spaniards part was found a meer Complement carried on by the accustomed gravity and formality of that Nation For Cecil Earl of Salisbury the great States-man of that time pursued and drove the matter to that point that the Duke of Lerma finding no evasion disclaimed the being of a Marriage Treaty Nevertheless the Spanish Ambassador to acquit himself to this State and to clear his own honesty at a full Council produced his Commission together with his Letters of Instruction given under the Duke's hand Such manner of dealing might have been sufficient Cause of just Indignation against any future motion of this Alliance After death of Prince Henry the King set his thoughts upon a Daughter of Henry the Fourth late King of France as the fittest Match for Prince Charles and by Sir Thomas Edmonds his Legier Ambassador endeavored to know the minde of that State but could not discern their affections and was not willing to discover his own At length taking occasion to send the Lord Hayes Extraordinary Ambassador to the French King to Congratulate his Marriage with Anne the Infanta of Spain he resolved to make a thorow Trial The matter was put forth and in appearance well taken but proved of no effect For the Duke of Savoy was before-hand and prevailed for his Son the Prince of Piedmont During this Negotiation of Alliance with France the Duke of Lerma frequently intimated unto Sir Iohn Digby Ambassador Resident in Spain an extraordinary desire in the King his Master not onely to maintain Peace and Amity with the King of great Britain but to lay hold on all means that might be offered for the nearer uniting of their Majesties and their Crowns as also a disposition in this regard to match his second Daughter to the Prince of Wales The Ambassador replyed that His Majesty had little reason to give ear to this overture having not long since in the Treaty for the late Prince received such an unexpected Answer and Demands so improper and unworthy and that there needed more then ordinary assurance to induce him to believe that there was now so great a change and the match desired in good earnest and not propounded meerly to divert the match with France wherefore he expected the proposal of such terms of advantage and certainty as might gain a belief of their sincere Intentions Lerma promised a further Conference But by reason of a strong report that the Match with France was absolutely concluded and within few dayes to be published the business lay asleep until Sir Iohn Digby going for England was desired by the Duke to give him notice of the state of this Affair From hence Digby gives him to understand that there was no cause of dispair concerning this new overture unless the difficulty of the Conditions should make it desperate but if the Demands in point of Religion were no more then what would satisfie another Catholick Prince and to which his Majesty might yeild with Honor he knows that divers persons not of the meanest power were well inclined and ready to give their helping hand He said further that it were much better not to revive this motion then by impossible and unfitting
by the King and Prince was as followeth WE Ratifying and confirming the aforesaid Treaty and all and every Capitulation contained and specified in the same do approve applaud confirm and ratifie of our certain knowledge all and every of these things in as much as they concern our Selves our Heirs or our Successors And we promise by these presents in the word of a King to kéep fulfil and observe the same and to cause them to be kept fulfilled and observed inviolably firmly well and faithfully effectually Bona fide without all exception and contradiction And we confirm the same with an Oath upon the Holy Evangelists in the presence of the Illustrious and Noble John de Mendoza Charls de Colona Ambassadors of the most Gratious Catholick â—ing residing in our Court. In Testimony and Witness of all and every the premises we have caused our Great Seal to be put to those Articles subscribed by our Hands there in the presence of the most Reverend Father in Christ George Archbishop of Canterbury Primate of all England and the Reverend Father in Christ John Bishop of Lincoln Lord Kéeper of the Great Seal of England Lionel Cranfield Cheif Treasurer of England Henry Uiscount Mandevil President of our Council Edward Earl of Worcester Kéeper of the Privy Seal Lewis Duke of Richmond and Lenox Lord Steward of our Houshold James Marquess Hamilton James Earl of Carlisle Thomas Earl of Kelly Oliver Uiscount Grandeson c. and George Calvert Knight one of our Cheif Secretaries of State and all of our Privy Council Given at our Palace of Westminster c. JACOBUS Rex After this the King did swear to certain private Articles in favor of Papists and for the advancement of the Roman Religion JAMES by the grace of God of Great Britain King Defender of the Faith c. To all to whom this present-writing shall come gréeting Inasmuch as among many other things which are contained within the Treaty of Marriage betwéen our most dear Son Charls Prince of Wales and the most renowned Lady Donna Maria Sister of the most renowned Prince and our welbeloved Brother Philip the Fourth King of Spain It is agréed That we by our Oath shall approve the Articles under-expressed to a word 1. That particular Laws made against Roman Catholicks under which other Vassals of our Realms are not comprehended and to whose observation all generally are not obliged as likewise general Laws under which all are equally comprised if so be they are such which are repugnant to the Romish religion shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in execution against the said Roman Catholicks and we wil cause that our Council shall take the same Oath as far as it pertains to them and belongs to the execution which by the hands of them their Ministers is to be exercised 2. That no other Laws shall hereafter be made anew against the said Roman Catholicks but that there shall be a perpetual Toleration of the Roman Catholick Religion within private houses throughout all our Realms and Dominions which we will have to be understood as well of our Kingdoms of Scotland and Ireland as in England which shall be granted to them in manner and form as is capitulated decreed granted in the Article of the Treaty concerning the Marriage 3. That neither by us nor by any other interposed person whatsoever directly or indirectly privately or publikely will we treat or attempt any thing with the most renowned Lady Infanta Donna Maria which shall be repugnant to the Romish Catholick religion Neither will we by any means perswade her that she should ever renounce or relinquish the same in substance or form or that she should do any thing repugnant or contrary to those things which are contained in the Treaty of Matrimony 4. That We and the Prince of Wales will interpose our authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favor of the Roman Catholicks capitulated between the most renowned Kings by reason of this Marriage And that the said Parliament shall revoke and abrogate particular Laws made against the said Roman Catholicks to whose observance also the rest of our Subjects and Vassals are not obliged as likewise the general Laws under which all are equally comprehended to wit as to the Roman Catholicks if they be such as is aforesaid which are repugnant to the Roman Catholick Religion And that hereafter we will not consent that the said Parliament should ever at any time enact or write any other new Laws against Roman Catholicks MOreover I Charls Prince of Wales engage my self and promise that the most Illustrious King of Great Britain my most honored Lord and Father shall do the same both by word and writing That all those things which are contained in the foregoing Articles and concern as well the suspension as the abrogation of all Laws made against the Roman Catholicks shall within thrée years infallibly take effect and sooner if it be possible which we will have to lie upon our Conscience and Royal honor That I will intercede with the most illustrious King of G. Britain my father that the ten years of the education of the children which shall be born of this marriage with the most illustrious Lady Infanta their mother accorded in the 23 Art which term the Pope of Rome desires to have prorogued to twelve years may be lengthened to the said term And I promise fréely and of my own accord and swear That if it so happen that the entire power of disposing of this matter be dâ—volved to me I will also grant and approve the said term Furthermore I Prince of Wales oblige my self upon my faith to the Catholick King That as often as the most illustrious Lady Infanta shall require that I should give ear to Divines or others whom her Highness shall be pleased to employ in matter of the Roman Catholick religion I will hearken to them willingly without all difficulty and laying aside all excuse And for further caution in point of the frée exercise of the Catholick religion and the suspension of the Law above-named I Charls Prince of Wales promise and take upon me in the word of a King that the things above promised and treated concerning those matters shall take effect and be put in execution as well in the Kingdoms of Scotland and Ireland as of England The Privy-Councellors Oath was this I A.B. do swear That I will truly and fully observe as much as belongeth to me all and every of the Articles which are contained in the Treaty of Marriage betwéen the most gracious Charls Prince of Wales and the most gracious Lady Donna Maria Infanta of Spain Likewise I swear that I will neither commit to execution nor cause to be executed either by my self or by any inferior Officer serving me any
Laws made against any Roman Catholick whatsoever nor will execute any punishment inflicted by any of those Laws but in all things which belong to me will faithfully observe his Majesties word given in that behalf But in the taking of the solemn Publick Oath it is said there arose a difficulty between the King and the Spanish Ambassadors concerning the Popes title Most holy which the King refused to pronounce openly in the Chappel at Whitehall alleadging that it was repugnant to his Religion and might be an impeachment to his honor But the Ambassadors would proceed no further till the King had yielded to give him that Title There was another rub which the King soon removed The Ambassadors had heard that in the Kings Chappel when they should come to see the swearing of the Articles they should be present at such Prayers and Singing as were used in the Protestant Church whereunto they declared that they could not yield since the end of their coming thither was to maintain and warrant the Catholick Apostolical and Roman Church Whereupon the King commanded that nothing should then be sung but what was chanted when the Constable of Castile did swear the Peace between the two Crowns which was a Hymn of Joy in praise of Peace At that time England had swarms of Priests and Jesuites who were busie in drawing the people from the Protestant religion And a titular Bishop of Calcedon privately came to London to exercise Episcopal jurisdiction over the Catholicks of this Kingdom 'T is said that King Iames had now so much confidence of the Match as to say openly in the Court That now all the Devils in hell could not break it In Spain the Infanta was stiled the Princess of England and was kept no longer in her Virgin-retirements In England a Chappel was building for her at S. James and Don Carlos de Colona laid the first stone Her Picture was every-where to be seen and a Fleet was prepared for her passage And the greatest Enemies to this Alliance submitted to the Kings will But in all this Capitulation between the two Crowns hitherto the Restitution of the Palatinate was laid aside the King conceiving that the Consummation of the Match would overrule and settle that affair to his entire satisfaction In the height of the Spanish Treaty there was a notable Letter writ from Mr. Alured to the Duke perswading him not only to endeavor the breaking off the Match with Spain but also the preventing of any Match with a Princess of a different Religion THe Parable in the Gospel said he tells of a great King that married his Son and bade many thereunto yea upon the excusal of some and reâ—usal of others all of whatsoever condition as well out of the high-ways as the high-places were called and invited As every true Christian hath an interest in the Marriage of that Kings Son of Heaven so every good Subject as well as every great Subject hath an interest in the Marriage and welfare of the Kings Son here on Earth Which occasions so many and me the meanest of those many to wish that it may bring with it glory to Him on high good will and peace to those on earth Which is much doubted cannot be from Spain since the motioning of that Match makes a general fear that it can neither be safe for the Kings person nor good for his Church and Commonwealth because that thereby there may be an inlet to the Romish Locusts who like the Cankerworm may in an instant smite our Gourd under whose shadow we sit safe To address this poor discourse to your Lordships more particular Kings have almost ever used to have their Favorites Alexander had long since his Ephestion and Henry the Third of France of late his Espernon and Philip of Spain had since his Lermas Yea the best Princes have not wanted them For after the reckoning of David's great Officers Hushai the Archyte is called the Kings Friend and Ira the Iarite is set down to have been Chief about David Which stands to Reason and agrees with Nature For every private man is left to affect as he likes neither can Affection be forced Now to disallow or confine that in a King which is left at liberty in the meanest Subject were preposterous and injurious For though they command Nations as they are Kings yet they are subject to their Passions as they are men And if I may alleadge it without misinterpretation of others as I am free from ill meaning my self Who knows but Christ the rather to shew himself a Natural man expressed so much â—he more his Passion in his often weeping and his Affection to divers particulars but especially to S. John if I may not say his Favorite certainly the Disciple whom Iesus loved more then any of the rest It is Gods blessing and your happiness if you account it so to be the Kings Favorite As Peter therefore not presuming to ask Christ who it was he spake of beckoned to the Disciple whom Iesus loved on whose breast he leaned to ask for him so since most men neither may or ought to be so bold to ask or advise the King in this business so much spoken of yet they point at you who the higher you are in the Kings favor the more you are in the Peoples eye and observation and they expect you will not be wanting in the duty of a Subject a Councellor and a Favorite We do not read of any servant almost better respected of his Lord and Master then Eliezar of Damascus whom Abraham had meant had he died childless to have made his heir and we read not of any service he did Abraham more at least greater then in choice of a Wife for his son Isaac Among the Servants of our Patriarch the Defender of our Faith we observe none better respected then your self For the King hath manifested he loves not your person only but takes care for your soul and labors to make you as good as great and as happy in another world as high in this Yet we know not wherein you can do him better service then with Eliezar to help to choose a Rebeccah for our hopeful Prince We have not heard said he of any Protestant King that ever married with a contrary Religion save the last Henry of Navar with the last Margaret of France which Marriage so unfortunate to the parties having never Issue and being afterwards divorced was also so fatal to our Religion that there was more Blood spilt at those Nuptials then Wine spent For while the Protestants dreamed of the glory and security they should have by the Match they were most miserably massacred And who doubts but what the French Papists committed in their own Country upon that colour and occasion the Spanish Papists would be glad to see done in this Kingdom upon the like For without breach of charity we may doubt of their sincere meaning though there be
know the Kings Message come into a Bill of Subsidies all succeeding Kings will say Ye must trust me as well as you did my Predecessors and trust my Messages but Messages of love never came into a Parliament Let us put up a Petition of Right Not that I distrust the King but that we cannot take his trust but in a Parliamentary way On Thursday 8º Maii the Petition of Right was finished and the Clause of Martial Law was added unto it and it was delivered to the Lords at a Conference for their Concurrence the which Conference was managed by Sir Edward Cook and the same day as to the matter of supply ordered that the two first Subsidies should be paid 10º of Iuly one more 12º of October another on 20º of Decemb. and the last of 1º of March AT the Conference Sir Edward Cook thus expressed himself My Lords it is evident what necessity there is both in respect of your selves and your Posterities to have good success of this business We have acquainted your Lordships with the Reasons and Arguments and after we have had some conference we have received from your Lordships Propositions and it behoves me to give your Lordships some reasons why you have not heard from us before now for in the mean time as we were consulting of this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we should find much confidence in the Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever any Subjects have done in former times 5. That whether we shall think it fit either by Bill or otherwise to go on in this great Business his Majesty would be pleased to give way to it These gracious Messages did so work upon our affections that w◠have taken them into deep consideration My Lords when we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way we might go for our more secure way nay yours we did think it the safest way to go in a Parliamentary course for we have a Maxim in the House of Commons and written on the Walls of our House That old ways are the safest and surest ways And at last we did fall upon that which we did think if that your Lordships did consent with us it is the most ancient way of all and that is my Lords via fausta both to Majesty to your Lordships and to our selves for my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis this is an high point of Honor but this shall be done by the Lords and Commons and assented to by the King in Parliament this is the greatest Obligation of all and this is for the Kings Honor and our Safety Therefore my Lords we have drawn a Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous consent of all the House of Commons and there is great reason your Lordships should do so for your Lordships be involved in the same danger And so I have done with the first part and I shall now desire your Lordships leave that I may read that which I have so agreed on Here the Petition of Right was read but we forbear to insert it as yet because there were propositions for alteration and it is not perfect till the Royal assent be given to it From the Eighth to the Twelfth of May all Publique businesses were laid aside On Monday the Twelfth the Lords had a Conference with the Commons where the Lord Keeper made this Speech Gentlemen of the House of Commons MY Lords having a most affectionate desire to maintain that good concurrence that in this Parliament and others hath been of late between both Houses desired this Conference to acquaint you how and in what maner they have proceeded in the Petition of Right that came from this House and to let you know that assoon as they received it they with all care and expedition they possibly could addressed themselves to consider thereof and after good time spent in Debate in the whole House they made a Committee to consider whether retaining of the substance of the Petition there might not be some words altered or put in to make it more sweet to procure it a passable way to his Majesty we know this must be Crowned by the King and good must come to all the Kingdom by this course now taken The Committee hath met and hath propounded some small matters to be altered in some few words to make it passable and not in substance And the Lords having this Reported from their Committee and heard it read in their House resolved of nothing till they have your consent yet they think it fitter to have it propounded to you to consider whether there should be any alteration or no and how the propounded alterations may stand with your liking Concerning the Commitment by the King and the Councel without expressing the cause it was resolved by the Lords to debate it this morning and assoon as they should have debated it they purposed to have your concurrence with them before they resolved it but at instant when they thought to have debated it they received a Letter from his Majesty which they conceive will give a satisfaction to both Houses in the main point My Lords desiring to keep that good concurrence begun desired to communicate that Letter unto you that you might take the same into your considerations as they mean to do themselves This Letter is to be read unto you To the right Trusty and right well-beloved the Lords Spiritual and Temporal of the higher House of Parliament Carolus Rex WE being desirous of nothing more then the advancement of the Peace and Prosperity of our People have given leave to free Debate upon the highest Points of our Prerogative Royal which in the time of our Predecessors Kings and Queens of this Realm were ever restrained as matters that they would not have discussed and in other things we have been willing so far to descend to the desires of our good Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies which those Messages which we have heretofore sent into the Commons House will well demonstrate unto the world yet we finde it still insisted upon that in no case whatsoever should it never so nearly concern matters of State or Government we or our Privy Council have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service it self would thereby be destroyed and defeated and the cause