or otherwise restrained though it be by the command of the King Privy Councel or any other he praying the same 3. If a Free-man be committed or detained in prison or otherwise restrained by the command of the King Privy Councel or any other unlesse the cause of the commitment detainment or restraint be expressed for which by Law he ought to be committed detained or restrained and the same be returned upon habeas corpus granted for the said party that then he ought to be delivered or bailed Sir John Coke his Speech at a Conference between the Lords and Commons about the Petition to the King against Recusants My Lords WE are sent to attend this Conference from the Knights Citizens and Burgesses of the House of Commons And first we acknowledge all due honour both unto the reverend Fathers of the Church and to you noble Lords in that ye have shined before us as worthy lights in the encouragement and maintainance of true Religion It is the true support of all your dignities and honours And this forwardnesse of yours is the more remarkable when that viperous generation as your Lordships justly stile them doe at ease with tooth and nail assay to rend the bowels of their Mother For give me leave to tell you what I know that they 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 Hierarchie 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 kinds as Vicars-generall Arch-deacons rurall Deans Apparatours and such like Neither are those nominall or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdome keep Courts and determine Ecclesiasticall causes and which is an argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntioes and Cardinalls both at Bruxells 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 travell 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 royall arm and since the Lords of his Councell 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 doe no more hurt we conceive great hope and comfort that the almighty God will from henceforth prosper our endeavours both at home and abroad 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 were 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 agreable 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 the Courts of our ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them only as our Advise and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not find this reason to be of weight These additions were but few and were approved of by the Lords and inserted in the Petition the 29. March 1628. The Petition of both Houses to his Majesty concerning Recusants March 31. 1628. VVE your Majesties most loyall and obedient Subjects the Lords Spirituall and Temporall and Commons in Parliament assembled having to our singular comfort obtained your Majesties pious and gracious assent for a publick Fast to appease the wrath of almighty God kindled against us and to prevent those grievous Judgements which doe apparently presse upon us doe in all humility present unto your Sacred Majesty all possible thanks for the same And because the publick and visible Sins of the Kingdome are the undoubted Causes of those visible Evils that are fallen upon us amongst which sins as is apparent by the Word of God Idolatry and Superstition are the most hainous and crying sins to the end that we may constantly hope for the blessing of God to descend upon this our publick Humiliation by abandoning those sins which doe make a wall of separation betwixt God and us 1. We most humbly and ardently beg at the hands of your Sacred Majesty that your Majesty will be pleased to give continuall life and motion to all those Laws that stand in force against Iesuites Seminary Priests and all that have taken Orders by authority of the Sea of Rome by exacting a more due and serious execution of the same amongst which number those that have highly abused your Majesties Clemency by returning into the Kingdome after their Banishment contrary to your Highnesse expresse Proclamation we humbly desire may be left to the severity of your Laws without admitting any mediation or intercession for them and that such of your Majesties unsound and ill-affected Subjects as doe receive harbour or conceal any of that viperous generation may without delaies suffer such penalties and punishments as the Laws most justly impose upon them 2. That your Majesty would be pleased to command a secure and streight watch to be kept in and over your Majesties Ports and Havens and to commit the care and charge of searching of ships for this discovery and apprehension as well of Iesuits and Seminary Priests brought in as of children and young Students sent over beyond the Seas to suck in the poison of Rebellion and Superstition unto men of approved Fidelity and Religion and such as shall be convicted to have connived or combined in the bringing in of the one or conveying out of the other that the Lawes may passe upon them with speedy execution 3. That considering those dreadfull dangers never to be forgotten which did involve your Majesties Sacred Person and the whole representative Body of your Majesties Kingdome plotted and framed by the free and common accesse of Popish Recusants to the city of London and to your Majesties Court your Majesty would be graciously pleased to
Loyalty may have such place in your Royall thoughts as to rest assured that all your Subjects will be ready to lay down their lives for the defence of your Sacred Person and this Kingdome Not going our selves into our Countreys this Easter we should think it a great happinesse to us and we know it would be a singular comfort and encouragement to them that sent us hither if we might but send them the newes of a gracious Answer from your Majesty in this particular which the reasons of the Petition we hope will move your most excellent Majesty graciously to vouchsafe us The King's Answer to the Petition concerning billetting of Souldiers 14 April 1628. M r Speaker and you Gentlemen WHen I sent you my last message I did not expect any Reply for I intended to hasten you not to find fault with you I told you at your first meeting that this time was not to be spent in words and I am sure it is lesse fit for disputes which if I had a desire to entertain M r Speaker's Preamble might give me ground enough The Question is not now what Libertie you have in disposing of matters handled in your House but rather what is fit to be done Therefore I hope you will follow my example in eschewing disputations and fall to your important businesse You make a protestation of your affections and zeal to my Prerogative grounded upon so good and just reasons that I must believe you But I look that you use me with the like charitie to believe what I have delivered more then once since your meeting which is That I am as forward as you for the preservation of your true Liberties yet let us not spend so much time in this that may hazzard both my Prerogative and your Liberties to our Enemies To be short go on speedily with your businesse without fear or more Apologies for time calls fast on you which will neither stay for me nor you Wherefore it is my dutie to presse you to hasten as knowing the necessity of it and yours to give credit to what I say as to him that sitteth at the Helme Sir Dudley Diggs his Introduction My Lords I Shall I hope auspiciously begin this Conference this day with an Observation out of Holy Story In the dayes of good King Iosiah when the Land was purged of Idolatry and the great men went about to repaire the House of God while money was sought for there was found a Book of the Law which had been neglected and afterwards being presented to the good King procured the blessing which your Lordships may read of in the Scriptures 2 Chro. cap. 34. 2 Kings cap. 22. My good Lords I am confident your Lordships will as cheerfully joyn with the Commons in acknowledgement of Gods great blessing in our good King Iosiah as the Knights Citizens and Burgesses of the Commons House by me their unworthy servant do thankfully remember your most religious and truly honourable invitation of them to the late Petition for clensing this Land from Popish Abominations which I may truly call a necessary and happy repairing of the House of God And to go on with the parallell while we the Commons out of our good affection were seeking for money we found I cannot say a book of the Law but many and those fundamentall points thereof neglected and broken which hath occasioned our desire of this Conference Wherein I am first commanded to shew unto your Lordships in generall that the Lawes of England are grounded on reason ancienter then bookes consisting much in unwritten Customes yet so full of Justice and true Equity that your most honourable Predecessours and Ancestours many times propugned them with a Nolumus Mutare and so ancient that from the Saxons daies notwithstanding the Injuries and Ruines of Time they have continued in most parts the same as may appear in old remaining Monuments of the Lawes of Ethelbert the first Christian King of Kent Ina King of the West-Saxones Offa of the Mercians In Bibliotheca Cottoniana and of Alfred the great Monarch who united the Saxon Heptarchie whose Laws are yet to be seen published as some think by Parliament as he sayes to that end ut qui sub uno Rege sub una Lege regerentur Liber Lichfield And though the book of Lichfield speaking of the troublesome times of the Danes saies that then Ius sopitum erat in Regno Leges consuetudines sopitae sunt and prava voluntas vis violentia magis regnabant quam Iudicia vel Iustitia yet by the blessing of God a good King Edward commonly called S. Edward did awaken these Lawes Excitatas reparavit reparatas decoravit decoratas confirmavit Liber de Chartsey sive Registrum de Chartsey which confirmavit sheweth that good King Edward did not give those Lawes which William the Conquerour and all his Successours sithence that have sworn unto And here my Lords by many Cases frequent in our Modern Lawes strongly concurring with those of the ancient Saxon Kings I might if time were not precious demonstrate that our Lawes and Customes were the same I will only intreat your Lordships leave to tell you that as we have now even in those Saxon times they had their Courts Barons and Courts Leets and Sheriffs Courts by which as Tacitus saith of the Germans their Ancestours Iura reddebant per pagos vicos And I believe as we have now they had their Parliaments where new Lawes were made cum consensu Praelatorum Magnatum totius Communitatis or as another writes cum consilio Praelatorum Nobilium sapientum Laicorum I will adde nothing out of Glanvile that wrote in the time of Henry the second or Bracton that writ in the time of Henry the third only give me leave to cite that of Fortescue the learned Chancellour to Hen. 6. who writing of this Kingdome saith Regnum illud in omnibus Nationum Regum temporibus De Dom. polit et regal eisdem quibus nunc regitur legibus consuetudinibus regebatur But my good Lords as the Poet said of Fame I may say of our Common Law Ingreditur solo caput inter nubila condit Wherefore the cloudy part being mine Virgil. I will make haste to open way for your Lordships to heare more certain Arguments and such as go on surer grounds Be pleased then to know that it is an undoubted and fundamentall point of this so ancient Common Law of England that the Subject hath a true Proprietie in his goods and possessions which doth preserve as sacred that meum and tuum that is the Nurse of Industrie the Mother of Courage and without which there can be no Justice of which meum and tuum is the proper object But this undoubted Birthright of free Subjects hath latelie not a little been invaded prejudiced by pressures the more grievous because they have been pursued by Imprisonments contrary to the Franchise of
and Acts of Parliament came onely to the Presidents used in the Argument before delivered and so endeavoured to weaken the strength of them that had been brought in behalf of the subjects to shew that some other were directly contrary to the Law comprehended in the Resolutions of the house of Commons touching the bailing of Prisoners returned upon the writ of Habeas Corpus to be committed by the special command of the King or the Councel without any cause shewed for which by Law they ought to be committed And the course which was taken it pleased the Committee of both houses to allow of was that M r. Attorney should make his Objections to every particuler President and that the Gentlemen appointed and trusted herein by the house of Commons by several Replies should satisfie the Lords touching the Objections made by him against or upon every particuler as the order of the Presidents should lead them he began with the first 12. Presidents that were used by the house of Commons at the conference delivered by them to prove that Prisoners returned to stand so Committed were delivered upon bail by the Court of Kings Bench The first was that of Bildstones case in the 18. Edw. 3. Rot. 33. Rex To this he Objected First that in the return of him into the Court it did not appear that this Bildstone was committed by the Kings command and Secondly that in the Record it did appear also that he had been committed for suspicion of counterfaiting the great Seal and so by consequence was bailable by the Law in regard there appeared a Cause why he was committed in which case it was granted by him as indeed it was plain and agreed of all hands that the Prisoner is bailable though committed by Command of the King and he said that this part of the Record by which it appeared he had been committed for suspicion of treason was not observed to the Lords in the Argument before used and he said also to the Lords that there were three several kinds of Records by which the full truth of every award or bailing upon a Habeas Corpus is known First the remembrance Roll wherein the award is given Secondly the file of the writt and the return and Thirdly the Scruect or Scruet finium wherein the baile is entered and that onely the remembrance Roll of this Case was to be found and that if the other two of it were extant he doubted not but that it would appear also that upon the return it self the Cause of the Commitment had been expressed and so he concluded that this proved not for the house of Commons touching the Matter of bail where a Prisoner was committed by the Kings special command without Cause shewed To this Objection the reply was First that it was plain that Bildstone was committed by the Kings express Command For so the very words of the Writt are to the Constable of the Tower quod eum tenendum Custodiae facias c. then which nothing can more fully express a Commitment by the Kings command Secondly how ever it be true that in the latter part of the Record it doth appear that Bildstone had been Committed for suspicion of Treason yet if the times of the proceeding expressed in the Record were observed it would be plain that the Objection was of no force for this one ground both in this Case and all the rest is infallible and never to be doubted of in the Law Nota. That Justices of every Court adjudge of the force and strength of a return out of the body of it self onely and as therein it appears Now in Easter term in the 18. Edward 3. he was returned and brought before them as Committed onely by the Writt wherein noe Cause is expressed and the Leivetenant the Constable of the Tower that brought him into the Court saies that he had no other warrant to detain him Nisi breve predictum wherein there was no mention of any Cause the Court thereupon adjudged that breve predictum for that speciall command was not sufficient causa to detain him in prison and thereupon he is by judgment of the Court in Easter term let to Mainprize But that part of the Record wherein it appears that he had indeed been committed for suspicion of Treason is of Trinity term following when the King after the letting of him to Mainprize sent to the Judges that they should discharge his Mainprize because no man prosecuted him And at that time it appears but not before that he had been in for suspicion of Treason so that he was returned to stand committed by the Kings special command onely without Cause shewed in Easter term And then by judgment of the Court let to Mainprize which to this purpose is but the same with bail though otherwise it differ And in the term following upon another occasion the Court knew that he had been committed for suspicion of Treason which hath no relation at all to the letting of him to Mainprize nor to the judgement of the Court then given when they did not nor could possible know any Cause for which the King had committed him And it was said in behalf of the house of Commons that they had not indeed in the Argument expresly used this latter part of Bildstones Case because it being onely of Trinity term following could not concern the reason of an Award given by the Court in Easter term next before yet notwithstanding that they had most faithfully at the time of their Argument delivered into the Lords as indeed they had a perfect coppy at large of the whole Record of this Case as they had done also of all other presidents whatsoever cited by them in so much as in truth there was not one president of Record of either side the coppy whereof they had not delivered in likewise nor did Mr. Attorney mention any one besides those that were so delivered in by them And as touching those 3. kinds of Records the remembrance Roll the return and file of the Writt and the Scruets it was answered by the gentlemen imployed by the house of Commons that it was true that the Scruect and return of this Case of Bildstone was not to be found but that did not lessen the weight of the president because always in the Award or Judgment drawn up in the remembrance Roll the Cause whatsoever it be when any is shewed upon the return is always expressed as it appears clearly by the constant Entries of the Kings-Bench Court so that if any Cause had appeared plainly in that part of the Roll which belongs to Easter term wherein the Judgment was given but the return of the commitment by the Kings command without Cause shewed and the Judgment of the Court that the Prisoner was to be let to Mainprize appears therein onely and so notwithstanding any Objection made by Mr. Attorney the Cause was maintained to be a clear proof among many others
safety or available to you Yet to shew clearly the sincerity of his Majesties intentions he is content that a Bill be drawn for confirmation of Magna Charta and the 6. other Statutes insisted on for the Subjects Liberties if you shall chuse that to be the best way so that it be without Additions Paraphrase or Explanations Thus if you please you may be secured from your needless fears and this Parliament may have a happy wished for end whereby the contrary if you seek to tye the King by new and indeed impossible bonds you must be accomptable to God and your Countrey for the ill success of this meeting His Majesty having given his Royal word that you shall have no cause to complain hereafter less then which hath been enough to reconcile great Princes and therefore ought much more to prevail between King and Subject Lastly I am commanded to tell you that his Majesties pleasure is that without further replies of Messages or other unnecessary delayes you do what you mean to do speedily remembring the last Message which his Majesty sent you by Secretary Coke for point of time his Majesty alwayes intending to perform his promise to his people The Lord COKES speech at the conference in the Painted Chamber presenting the Petition of Right 8. May 1628. I Pray your Lordships to excuse us for we have been till one of the Clock about the great business and blessed be God we have dispatcht it in some measure and before this time we were not able to attend your Lordships but I hope that this will prove to be a great blessing to us My Lords I am commanded from the House of Commons to express their singuler care and affection they have of concurrence with your Lordships in these urging affairs and proceedings of this Parliament both for the good of the Common-wealth and principally for his Majesties And this I may say in this particuler if we have hundreds of tongues we were not able to express this desire which we have of that concurrence with your Lordships but I will leave it without any further expression My Lords what necessity there is both in respect of your selves and your posterities in the good success of this business we have acquainted your Lordships with the reasons and the arguments and also that we have had some conference about it we have received from your Lordships 5. Propositions and it behoves us 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 upon 5. parts First was that his Majesty would maintain all his Subjects in their just freedom both of their Persons and Estates Secondly That he will govern according to his Laws and Statutes Thirdly That we shall finde much confidence in his Royal word I pray observe that Fourthly That we shall enjoy all our Rights and Liberties with as much Freedom and Liberty as ever any Subjects have before times Fifthly That whether we shall think it fit either by way of Bill or otherwise to go on in this great business his Majesty would be pleased to give way to it These gracious messages do so work upon our affections that we have taken them into consideration My Lords when we had these messages I deal plainly for so I am commanded by the House of Commons We did consider in that way we may go for our most secure way nay yours we do think that the safest way was to go a Parliament course for we have Maxim in the House of Commons and written on the walls of our House that old wayes are the safest and surest wayes And at last we fell upon that which we did think if that your Lordships shall consent with us as the most ancient way of all and that is my Lords viam faustam both to his Majesty and your Lordships and to our selves for my Lords this is the greatest bond that any Subject can have in Parliament verbum Regis that is an high point of Honour 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 Honour and our safety And therefore my Lords we have drawn a form of a Petition desiring your Lordships to concur with us herein for we come with an unanimous consent of all the House of Commons for there is great reason your Lordships should do so because that your Lordships be involved in the same condition commune periculum and so I have done with the first part And now I shall be bolde to read that which we have so agreed on I shall desire your Lordships that I may read it The Petition of Right to the KINGS most Excellent Majesty HUmbly sheweth unto our Soveraign Lord the King the Lords spiritual temporal and Commons in this present Parliament assembled That whereas it is declared and enacted by a Statute made in the time of the Raign of King Edw. 1. commonly called Statutum de tallagio non concedendo That no Tollage or aid should be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Arch-Bishop Earles Barons Knights Burgesses and others the freemen of the Cominalty of this Realm And by Authority of Parliament holden in the 13. year of the Raign of King Ed. 3. it is declared and enacted that form thence-forth no Persons should be compelled to make any loan to the King against his will because such loans were against reason and the Franchises 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 Tollage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Countreys with instructions have issued by means whereof your people have been in divers parts assembled and required to lend certain summes of money to your Majesty And many of them upon refusal so to do have had an unlawfull Oath administred unto them not warrantable by the Laws and 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 confined and sundry other wayes molested and disquieted and divers other charges have been laid and levied upon your people in several Countreys alleadging some superior by Lord Lieutenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by command or direction against the Laws
the Speaker Iune 6. pag. 203 The Kings Speeches Iune 7 and the Petition of Right read and granted pag. 204 The motions of the lower House to the Higher ibid. Sir Thomas Wentworths speech pag. 205 The Kings message to the lower House by Sir Humphry May Iune 10. pag. 206 Eight particulars voted in the House of commons against the Duke of Buckingham Iune 11 ibid. The first Remonstrance of the House of Commons ibid. A Schedule of the shipping of this Kingdome which have been taken by the Enemy and lost at sea within the space of three yeares last past pag. 215 The Kings Answer to the Remonstrance Iune 17. p. 217 The Kings speech at the end of the Session Iune 26. ibid. The second Remonstrance pag. 218 A Letter which was found amongst some Jesuits that were lately taken at London and addressed to the Father Rector at Bruxills pag. 220 Motives to induce the Knights Citizens and Burgesses of the Commons house of Parliament to petition his Majesty for the revoking and abolishing of the degrees of Baronets lately erected by his Highnesses letters pattents pag. 224 The examination of Andrew le Brun Captain of the Mary of Rochell pag. 226 Articles against Melvin p. 227 A privie Seal for the transporting of horses Ianuary 30 tertio Caroli ibid. The Commission to the Lords and others of the Privy Councell concerning the present raising of Money pag. 228 Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at Rochell May 4. 1628. p. 230 The Answer to the Articles propounded by the Lord generall and the rest of the Councell of warre pag. 231. A TABLE of the transactions of the second Session of the Parliament begun Ian. 20. 1628. M r Selden's report concerning the Petition of Right Ianuary 21 pag. 235. M r Pymms motion ibid. Sir Iohn Elliots reply ibid. M r Seldens speech concerning the Petition of Right p. 236. M r Norton the Kings Printer brought to the barre ibid. Sir Iohn Elliot ibid. Sir Robert Phillips's speech Ianuary 22. ibid. M r Littleton pag. 237 Sir Iohn Elliot ibid. M r Selden concerning the printing of the Petition of Right ibid. His Majesties message Ian. 23 24. pag. 238 M r Walter Ian. 26 ibid. M r Secretary Coke ibid. Sir Francis Beamor ibid. M r Kirton ibid. M r Shâ—rland pag. 239 Sir Nath. Rich Ian. 27 ibid. The Kings Message by Secretary Coke ibid. Sir Walter Earl pag. 240 M r Corrington ibid. M r Pymme ibid. Another Message from his Majesty Ianuary 28 deliver'd by Secretary Coke ibid. M r Long 's Reply pag. 241 Sir Thomas Edmonds ibid. M r Corrington ibid. Sir Iohn Elliot ibid. Secretary Coke's speech Feb. 3 pag. 242 Sir Iohn Elliot ibid. M r Speaker pag. 243 Secretary Coke ibid. Sir Hum. May ibid. Sir Iohn Elliot at the Committee for Religion ibid. A Bill that no Clergy man be in Commission for Peace Feb. 4 ibid. M r Selden pag. 244 A Petition against D r. Cosens ibid. Sir Eubal Thelwall ibid. M r Shervile ibid. M r Rouse ibid. M r Kirton ibid. Sir Robert Phillips pag. 245 Sir Edward Giles ibid. Sir Iames Perot ibid. M r Pymme ibid. Sir Robert Phillips ibid. A Petition about an imposition upon mault Febr. 5 p. 246 M r Long ibid. M r Ogle ibid. Secretary Coke ibid. Sir Robert Phillips ibid. A Petition against Whittington a Papist Febr. 6. ibid. M r Shervile pag. 247 S r Nath. Rich ibid. S r O. Roberts upon an Affidavit against D r Cosens ibid. S r Iohn Elliot ibid. M r Kirton Febr. 7. ibid. S r Walter Earl ibid. S r Robert Phillips ibid. M r Selden pag. 249 S r Robert Phillips ibid. M r Pymme ibid. M r Shervile ibid. S r Iohn Stanhope ibid. S r Nath. Rich ibid. S r Iohn Elliot ibid. S r Daniel Norton pag. 250 S r Robert Phillips ibid. The Chancellor of the Dutchy ibid. S r Thomas Heale ibid. M r Valentine ibid. Transactions concerning Cosens Bishop Mountague c. Febr. 9. ibid. S r Robert Phillips February 10 pag. 251 M r Chancellor of the Dutchy pag. 252 M r Selden ibid. S r Francis Seymour ibid. M r Selden pag. 253 M r Kirton ibid. M r Littleton ibid. S r Benjamin Ruddier ibid. M r Selden Febr. 11 ibid. A Petition of the booksellers and printers at the Committee for Religion pag. 254 M r Shervile's Report concerning D r Sibthorpe Cosens and Manwaring ibid. Sir Walter Earl pag. 255 A Committee for tonnage and poundage Febr. 12 Shervile in the Chair ibid. S r Iohn Elliot ibid. A Petition against Burges a Priest Febr. 13 pag. 257 S r Iohn Elliot ibid. Sir Will. Bawstrod at a Committee for Religion ibid. Sir Richard Gravenor pag. 258 Secretary Coke ibid. A Complaint against the Lord Lambert Febr. 14 pag. 259 M r Kirton ibid. S r Thomas Hobbie at a Committee for Religion pag. 260 M r Stroud at a Committee for Religion Febr. 16 p. 261 Another petition preferred by M r Chambers Febr. 17. p. 262 A publick Fast Febr. 18 p. 263 M r Dawes call'd in question for taking M r Rolls his goods Febr. 19 ibid. A petition of Complaint against the Lord deputy of Ireland Febr. 20 ibid. A petition by M r Symons in complaint of the Customers Febr. 21 pag. 264 The Committee for Merchants ibid. The protestation of the Commons in Parliament March 2 1628 pag. 267 The Kings speech in the House of Parliament March 10. to dissolve it pag. 268 His Majesties letter and queres concerning ship money and the answer thereunto Pag. 10. lin 18. for euge ingredi read yet coge ingredi The KINGS Speech 17. March 1627. My Lords and Gentlemen THese Times are for action wherefore for examples sake I meane not to spend much time in words expecting accordingly that your as I hope good resolutions will be speedy not spending time unnecessarily or that I may better say dangerously for tedious Consultations at this conjuncture of time are as hurtfull as ill Resolutions I am sure you now expect from me both to know the cause of your meeting and what to resolve on yet I think there is none here but knowes that common Danger is the cause of this Parliament and that Supply at this time is the chief end of it so that I need but point to you what to do I will use but few perswasions for if to maintaine your owne advises and as now the case stands by the following thereof the true Religion Lawes and Liberties of this State and the just defence of our true Friends and Allies be not sufficient then no eloquence of Men or Angels will prevaile Only let me remember you that my duty most of all and every one of yours according to his degree is to seek the maintenance of this Church and Common-wealth and certainly there never was a time in which this duty was more necessarily required then now I therefore
King not willing to deny his People People not willing to presse their King to a deniall the one wise and modest in their requests and the other moderate and sweet in the answer This is the ancient and right way of union in Parliament The God of unity keep it in this and all insuing Parliaments This union you rightly call the union of Hearts and a greatnesse beyond the Kingdomes which the King inherits so then its a present fit for a wise people to offer to their gracious King Wise and magnanimous Kings are a speciall gift from God having hearts capable of greatnesse union of hearts is greatest and greatnesse was never unwelcome to Kings and therefore present and offer it to your King you cannot doubt of acceptance Having spoken of union you fall presently into a memoriall of the great and glorious actions of his Majestie 's Predecessours and into the height and contemplation of greater that remain If I mistake not your meaning you would have it understood that the union of Prince and people make way to those remarkable acts of former times and that we that wish the like successe in our time should look back upon our Forefathers Wisdome requires it Honour and the Time requires it that we should shew our selves the sonnes of our Auncestours at least in holding that which they left us The pride of Rome abated as you say by England now lifts up her horns against Religion Gods vine planted and deeply rooted here overspread into our neighbour Countreys hath of late lost many of her goodly branches The Austrian Eagle that wanted feathers till of late now soares and preys at will over all Spain so often foiled by us hath by disguised treaties dispoiled of their patrimonie those princely Branches of our royall Cedar and posts apace to his universall Monarchy to the ruine of us our Friends and Religion God hath his time and I trust a time to stop thier course I know not but we may expect it as well now as ever There is a resolution in our King and there is I trust for I am sure there was a resolution in our Parliament for great actions Our king as he hath a Solomon so hath he many Davids in the glorious catalogue of his royall Descent and hath linked himself in the House of Henry the Great and he bears a glorious and auspicious name sutable to his thoughts and desires and therefore since Honour and Religion call for it and since you have incouraged him to fight Iehovah's battels let all put to their hands that our King and Nation may have the honour to set Christendome in her right Balance And now to come to the petitions you have made for the House his Majestie most graciously and readily grants them all according to your true and ancient Rights and Priviledges of Parliament which his Majestie trusts you will have care not to exceed or transgresse and therefore you may go chearfully together and speedily settle about the publick affairs And the almighty God prosper the works of your hands I say the almighty God prosper your handy-work M r. Goodwin's Speech March 22. 1627. Mr. Speaker IT hath pleased his Majestie in his last Speech to intimate unto us the cause of our meeting which is supply against the great and common dangers that threaten the ruine of this Kingdome and the time of our sitting cannot be long and therefore he wisheth to avoid tedious resolutions In conformity whereunto I propound that laying aside all other matters we addresse our selves to that for which we were called hither wherein as in the first place we have well begun in our pious humiliation towards almighty God so let us now proceed to serve and to supply the king yet so as we satisfie our Countrey that sent us hither and preserve our Rights and Priviledges which have as surely been broken and infringed as undoubtedly they belong to us S r. Francis Seymour's Speech March 22. 1627. THis is the great Councel of the Kingdome and here if not here alone his Majestie may see as in a true glasse the state of the Kingdome We are all called hither by his Majestie 's writs to give him faithfull counsel such as may stand with his honour but that we must do without flatterie and chosen by the Commons to deliver up their just grievances and this we must do without fear Let us not be like Cambyses Judges who being demanded of him concerning something unlawfull said Though there were no written Law the Persian Kings might do what they list This was base flatterie fitter for reproof then imitation and as flatterie so fear taketh away the judgement For mine own part I shall shun both these and speak my conscience with as much duty to his Majestie as any man not neglecting the Publick But how can we speak our affections while we retein our fears or speak of giving till we know whether we have any thing to give or not For if his Majestie shall be perswaded to take what he will what need we to give That this hath been done appeareth by the billetting of Souldiers a thing no way advantageous to his service and a burthen to the Common-wealth the imprisonment of Gentlemen for the Loane who if they had done the contrary for fear their faults had been as great as theirs who were Projectours in it To countenance these proceedings hath it not been preached in the pulpit or rather prated All we have is the Kings But when they forsake their own calling and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick It is too apparent the people suffer more now then ever will you know the true reason we shall find those Princes have been in greatest wants and necessities that have exacted most from their Subjects The reason is plain A Prince is strongest by faithful and wise Counsel I would I could truly say such had been imployed abroad I speak this to this end to shew the defect proceeded not from this House I must confesse he is no good Subject that would not willingly and freely lay down his life when the End may be the service of his Majestie and the good of the Common-wealth But he is no good Subject but a slave that will have his goods taken from him against his will and his Liberty against the Laws of the Kingdome In doing this we shall but tread the steps of our Fore-fathers who still preferred the publick interest before their own rights nay before their own lives It will be a wrong to Us to our Posterities to our Consciences if we shall forgo this This we shall do well to present to his Majestie I offer this in the generall thinking the particulars fitting for Committees What I may now say or shall then I submit to better Judgements S r. Thomas VVentworth's Speech March 22. 1627. MAy this dayes resolution be as happy as I conceive the Proposition
his Franchise nor Free Custome unlesse it be by the Law of the Land it is accorded assented and established that from henceforth none shall be taken by petition or suggestion made unto our Lord the King or to his Councell unlesse it be by indictment or presentment of his good and lawfull people of the same neighbourhood where such deeds be done in due manner or by processe made by Writ originall at the Common Law nor that none be out of his Franchises or of his Free-hold unlesse he be duely brought into answer and forejudged of the same by course of Law and if any thing be done against the same it shall be redressed and held for null Out of this Statute I observe that what in Magna Charta and the Preamble of this Statute is termed by the Law of the Land is in the body of this Act expounded to be by processe made by Writ originall at the Common Law which is a plain interpretation of the words Law of the Land in the grand Charter And I note that this Law was made upon the commitment of divers to the Tower no man yet knoweth for what The 28. E. 3. is yet more direct this Libertie being followed with fresh suite by the Subject where the words are not many but very full and significant That no man of what estate or condition he be shall be put out of his lands or Tenement nor taken nor imprisoned nor disinherited nor put to death without he be brought into answer by due processe of the Law Here your Lordships see the usuall words of the Law of the Land are rendered by due processe of the Law 36. E. 3. Rot. Parliam num 9. amongst the Petitions of the Commons one of them being translated into English out of the French is thus First that the great Charter and the Charter of the Forrest and the other Statutes made in his time and the time of his Progenitours for the profit of him and his Commonaltie be well and firmly kept and put in due execution without putting disturbance or making arrest contrarie to them by speciall command or in any other The answer to the Petition which makes it an Act of Parliament is Our Lord the King by the assent of the Prelates Dukes Earles Barons and the Commonaltie hath ordained and established that the said Charters and Statutes be held and put in execution according to the said Petition which is that no arrest should be made contrarie to the Statutes by speciall command This concludes the Question and is of as great force as if it were printed For the Parliament Roll is the true warrant of an Act and many are omitted out of the books that are extant 36. E. 3. Rot. Parliament num 20. explaineth it further for there the Petition is Whereas it is contained in the Grand Charter and other Statutes that none be taken or imprisoned by speciall command without indictment or other due processe to be made by the Law yet oftentimes it hath been and still is that many are hindred taken and imprisoned without indictment or other processe made by the Law upon them as well of things done out of the Forrest of the King as for other things That it would therefore please our said Lord to command those to be delivered which are so taken by speciall Command against the forme of the Charters and Statutes aforesaid The answer is The King is pleased if any man find himself grieved that he come and make his complaint and right shall be done unto him 37. E. 3. cap. 18. agreeth in substance when it saith Though that it be contained in the great Charter that no man be imprisoned nor put out of his Freehold without processe of the Law neverthelesse divers people make false suggestions to the King himself as well for malice as otherwise whereat the King is often grieved and divers of the Realme put in damage against the forme of the said Charter Wherefore it is ordained that all they which make such suggestions be sent with the suggestions before the Chauncellour Treasurer and the grand Councell and that they there find suretie to pursue their suggestions and incurre the same paine that the other should have had if he were attainted in case that their suggestions be found evil and that then processe of the Law be made against them without being taken and imprisoned against the forme of the said Charter and other Statutes Here the Law of the Land in the grand Charter is explained to be without processe of the Law 42. E. 3. ca. 3. At the request of the Commons by their Petitions put forth in this Parliament to eschew mischiefs and damage done to divers of his Commons by false accusers which oftentimes have made their accusation more for revenge and singular benefit then for the profit of the King or of his people which accused persons some have been taken and sometimes caused to come before the Kings Councell by writ and otherwise upon grievous paine against the Law It is assented and accorded for the good governance of the Commons that no man be put to answer without presentment before Justices or matter of Record or by due processe or writ originall according to the old Law of the Land And if any thing henceforth be done to the contrary it shall be void in Law and holden for errour But this is better in the Parliament Roll where the Petition and Answer which make the Act are set down at large 42. E. 3. Rot. Parliament num 12. The Petition Because that many of the Commons are hurt and destroyed by false accusers who make their accusations more for their revenge and particular gaine then for the profit of the King or his people and those that are accused by them some have been taken and others have been made to come before the Kings Councell by writ or other Commandment of the King upon grievous paines contrary to the Law That it would please our Lord the King and his good Councell for the just government of his people to ordain that if hereafter any accuser propose any matter for the profit of the King that the same matter be sent to the Justices of the one Bench or the other or the affaires to be enquired and determined according to the Law And if it concern the accuser or partie that he take his suit at the Common Law and that no man be put to answer without presentment before Justices or matter of Record and by due processe originall writ according to the ancient Law of the Land And if any thing henceforward be done to the contrarie that it be void in Law and held for errour Here by due processe and originall writ according to the Law of the Land is meant the same thing as per legem terrae in Magna Charta and the abuse was they were put to answer by the commandment of the King The Kings Answer is thus Because that this
article is an article of the Grand Charter the King wills that this be done as the Petition doth demand By this it appeareth that per legem terrae in Magna Charta is meant by due processe of the Law Thus your Lordships have heard Acts of Parliament in the point But the Statute of Westm. the 1. ca. 15. is urged to disprove this opinion where it is expresly said That a man is not replevisable who is committed by the command of the King without any cause shewn which is therefore sufficient to commit a man to prison And because the strength of the Argument may appeares and the answer be better understood I shall read the words of the Statute which is thus And for as much as Sheriffs and others have taken and kept in prison such as were replevisable and have let out by plevin such as were not replevisable because they would gaine of the one partie and grieve the other And forasmuch as before this time it was not certainly determined what persons were replevisable and what not but only those that were taken for the death of a man or by Commandment of the King or of his Justices or for the Forrest It is provided and by the King commanded that such prisoners as were before outlawed and they which have abjured the Realme Provors and such as be taken with the manner and those which have broken the Kings prison Thieves openly defamed and known and such as be appealed by Provors so long as the Provor be living if they be not of good name and such as be taken for burning of houses felloniously done or for false money or for counterfeiting the Kings Seal or persons excommunicated taken at the request of the Bishops or for manifest offences or for Treason touching the King himself shall be in no case replevisable by the common writ or without writ But such as be indicted of larceny by inquests taken before Sheriffs or Bailiffs by their office or for light suspicion or for petty-larceny that amounteth not to above the value of 12 pence if they were not guilty of some other larceny aforetime or guilty of receipt of fellons or of commandment or force or of aid in felony done or guilty of some other trespasse for which one ought not to loose life or member and a man appealed by a Provor after the death of a Provor if he be no common thief or defamed shall from henceforth be let out by sufficient suretie whereof the Sheriff will be answerable and that without giving ought of their goods And if the Sheriff or any other let any go at large by suretie that is not replevisable if he be Sheriff or Constable or any Bailiffe of fee which hath keeping of prisoners and thereof be attainted he shall loose his fee and office for ever And if the under-Sheriff Constable or Bailiffe of such as have fee for keeping of prisons do it contrarie to the will of his Lord or any other Bailiffe being not of fee they shall have three yeares imprisonment and make Fine at the Kings pleasure And if any hold prisoners replevisable after they have offered sufficient sureties he shall pay a grievous amercement to the King And if he take any reward for the deliverance of such he shall pay double to the prisoner and also shall pay a grievous amercement to the King The Answer It must be acknowledged that a man taken by the Commandment of the King is not replevisable for so are the expresse words of this Statute But this maketh nothing against the Declaration of the House of Commons for they say not that the Sheriff may replevy such a man by sureties scilicet Manucaptores but that he is bailable by the Kings Court of Justice For the better understanding whereof it is to be known that there is a difference betwixt replevisable which is alwayes by the Sheriff upon pledges or sureties given and bailable which is by Court of Record where the prisoner is delivered to his Baile and they are his Gaolers and may imprison him and shall suffer for him bodie for bodie as appeareth 33. and 36.83 in the title of Mainprize p. 12.13 where the difference betwixt Baile and Mainprize is expresly taken And if the words of the Statutes themselves be observed it will appeare plainly that it extends to the Sheriffs and other inferiour Officers and doth not bind the hands of the Judges The Preamble which is the key which openeth the entrance into the meaning of the makers of the Law is Forasmuch as Sheriffs and others which have taken and kept in prison persons detected of fellony Out of these words I observe that it nominateth Sheriffs and then if the Justices should be included they must be comprehended under the generall word other which doth not use to extend to those of a higher rank but to inferiours for the best by all course is first to be named And therefore if a man bring a Writ of Customes and Services and name Rents and other things the generall shall not include Homage which is a personall service and of a higher nature but it shall extend to ordinarie annuall services 31. E. 1. Droit So the Statute of 13. Eliz. cap. 10. which beginneth with Colledges Deanes and Chapters Parsons Vicars and concludes with these words and others having spirituall promotions shall not comprehend Bishops that are of a higher degree as appeares in the Archbishop of Canterburies Case reported by S r Edw. Coke lib. 2. fo 46. And thus much is explained in this verie Statute towards the end when it doth enumerate those were meant by the word other namely under-Sheriffs Constables Bailiffs Again the words are Sheriffs and others which have taken and kept in prison now every man knoweth Judges do neither arrest nor keep men in prison that is the office of Sheriffs and other inferiour Ministers therefore this Statute meant such only and not Judges The words are further that they let out by replevine such as were not replevisable that is the proper language for a Sheriff Nay more expresse afterward in the bodie of the Statute that such as are there mentioned shall be in no case replevisable by the common writ which is de homine replegiando and is directed to the Sheriff nor without writ which is by the Sheriff ex officio But that which receives no answer is this That the command of the Justices who derive their authorities from the Crown is there equall as to this purpose with the command of the King And therefore by all reasonable construction it must needs relate to Officers subordinate to both as Sheriffs under-Sheriffs Bailiffs Constables and the like And it were an harsh exposition to say that the Justices might not discharge their own Command and yet that reason would conclude as much And that this was meant of the Sheriffs and other Ministers of Justice appeareth by the recitall 27. E. 1. cap. 3. And likewise by Fleta a Manuscript so
of Justice And thereupon the Statutes cannot be intended to restrain all commitments unlesse a cause be expressed for that it would be very inconvenient and dangerous to the State to publish the cause at the very first Answer Hereupon it was replied by the House of Commons that all danger and inconvenience may be avoided by declaring a generall Cause as for treason suspicion of treason misprision of treason or fellony without specifying the particular which can give no greater light to a Confederate then will be conjectured by his very apprehension upon the imprisonment if nothing at all were expressed It was further alledged that there was a kind of contradiction in the position of the Commons when they say the partie committed without a cause shewed ought to be delivered or bailed Bailing being a kind of imprisonment Delivery a totall freeing To this it was answered that it hath alwayes been the discretion of the Judges to give so much respect to a Commitment by the Command of the King or the Privie Councell which are ever intended to be done on just weightie Causes that they will not presently set him free but baile him to answer what shall be objected against him on his Majesties behalf But if any other inferiour Officer commit a man without a cause shewed they do instantly deliver him as having no cause to expect their pleasure So the Delivery is applyed to an imprisonment by the command of some mean minister of Justice Bailing when it is done by the Command of the King or his Councell It was said by M r Attorney That Bailing was a grace and favour of a Court of Justice and that they may refuse to do it This was agreed to be true in divers cases as where the case doth appeare to be for fellony or other crimes expressed for that there is another way to discharge them in some convenient time by their triall yet in some of these cases the constant practise hath been anciently modernly to baile them But where no cause of the imprisonment is returned but the Command of the King there is no way to deliver such persons by triall or otherwise but that of the habeas Corpus and if they should be then remanded they may be perpetually imprisoned without any remedy at all and consequently a man that had committed no offence be in worse case then a great Offender for the latter should have an ordinarie triall to discharge him the other should never be delivered It was further said that though the Statute of Westm. 1. cap. 15. as a Statute by way of provision did extend only to the Sheriff yet the recitall of that Statute touching the 4 cases wherein a man was not replevisable at the Common Law namely those that were committed for the death of a man by the command of the King or the Justices or for the Forrest did declare that the Justices could not baile such a one and that Replevisable and Bailable were Synonyma and all one and that Stamford a Judge of great authority doth expound it accordingly and that neither the Statute nor he sayes replevisable by the Sheriff but generally without restraint and that if the Chief Justice commits a man he is not to be enlarged by another Court as appeareth in the Register To this it was answered First that the recitall and body of the Statute relates only to the Sheriff as appeareth by the very words Secondly that replevisable is not restrained to the Sheriffs for that the words import no more that a man committed by the Chief Justice is bailable by the Court of Kings Bench. Thirdly that Stamford meaneth all of the Sheriff or at least he hath not sufficiently expressed that he intended the Justices Fourthly It was denyed that Replevisable and Bailable were the same for they differ in respect of the place where they are used Baile being in the Kings Court of Record Replevisable before the Sheriff and they are of severall natures Replevisable being a letting at large upon Sureties Bailing being when one Traditur in ballium and the Baile are his Gaolers and may imprison him and shall suffer bodie for bodie which is not true of replevying by sureties And Baile differeth from Mainprize in this that Mainprize is an undertaking in a summe certain Bailing is to answer the condemnation in Civil causes and in Criminall body for body The reasons and authorities used in the first Conference were then renewed and no exception taken to any save in 22. H. 6. it doth not appear that the Command of the King was by his mouth which must be intended or by his Councell which is all one as is observed by Stamford for the words are these That a man is not replevisable by the Sheriff who is committed by the Writ or Commandment of the King 21. E. 1. rot 2. dorso was cited by the Kings Counsell But it was answered that it concerned the Sheriff of Leicester only and not the power of the Judges 33. H. 6. the Kings Attorney confesseth was nothing to the purpose and yet that Book hath been usually cited by those that maintain the contrary to the Declaration of the House of Commons And therefore such sudden opinion as hath been given thereupon is not to be regarded the foundation failing And where it was said that the French of 36. E 3. Rot. Parliament 9. which can receive no answer did not warrant what was inferred thence but that these words Sans disturbance mettre ou arrest faire et le contre par special commandment ou en autre maniere must be understood that the Statutes should be put in execution without putting disturbance or making arrest to the contrarie by speciall command or in other manner The Commons did utterly deny the interpretation given by the Kings Counsell and to justifie their own did appeal to all men that understood French and upon the 7 Statutes did conclude That their Declaration remained in undoubted truth not controlled by any thing said to the contrary The true Copies of the Records not printed which were used on either side of that part of the debate INter Recorda domini Regis Caroli in Thesauro Recepto Scacarii sui sub custodia domini Thesaurarii et Camerarii ibidem remanentia viz. placita coram ipso Domino Rege Concilio suo ad Parliament suum post Pascham apud London in Mâ—nerio Archipiscopi Ebor Anno Regni Domini Regis Edw. vicessimo primo inter alia sie continetur ut sequitur Rot. secundo in Dorso Vic. Leic. sci Stephanus Rubaz Vic. Leic. War coram ipso Domino Rege ejus concilio arianatus ad Levem positus de hoc quod cum Io. Botetourte Edel Hatche W. Hemelin nuper in ballium ipsius vicecom per Dominum Regem fuissent assignati and Goalas Domini Regis celiberandum eidem vic quendam W. de Petling per quendam Appellatorem ante adventum eorundam Justic. ibidem
these is the Case of S r Samuel Saltonstall It is Hill 12. Iacob He was committed to the Fleet per mandatum Domini Regis and besides by the Court of Chauncery for disobeying an order of that Court and is returned upon his habeas Corpus to be therefore detained And it is true that a remittitur is entred in the Roll but it is only a remittitur prisonae predict without quousque secundum legem deliberatus fuerit And in truth it appeares in the Record that the Court gave the Warden of the Fleet 3 severall dayes at severall times to amend his Return and in the interim remittitur prisonae predict still Certainly if the Court had thought that the Return had been good they would not have given so many severall dayes to have amended it For if that mandatum Domini Regis had been sufficient in the Case why needed it to have been amended The ninth and last of these is Trinit 13. Iacob Rot. 71. the Case of the said S r Samuel Saltonstall He is returned by the Warden of the Fleet as in the Case before and generally remittitur as in the Roll which proves nothing at all that therefore the Court thought he might not by Law be enlarged and besides in both Cases he stood committed also for disobeying an order in Chauncery These are all that have been pretended to the contrary in this great point and upon the view of them thus opened to your Lordships it is plain that there is not one not so much as one at all that proveth any such thing as that persons committed by the Command of the King or of the Lords of the Councell without cause shewed might not be enlarged but indeed the most of them expresly prove rather the contrary Now my Lords having thus gone through the Presidents of Record that concern this point of either side before I come to the other kind of Presidents which are the solemn resolution of Judges in former times I shall as I am commanded by the House of Commons represent unto your Lordships somewhat else that they have thought very considerable with which they have met while they were in a most carefull enquirie of whatsoever concerned them in this great Question It is my Lords a draught of an Entry of a Judgement in that great Case lately adjudged in the Court of Kings Bench when divers Gentlemen imprisoned per speciale mandat Domini Regis were by the Award and Judgement of the Court after solemn debate sent back to Prison because it was expresly said that they could not in Justice deliver them though they prayed to be bailed The case is famous and well known to your Lordships therefore I need not further mention it And as yet indeed there is no Judgement entred upon the Roll but there is room enough for any kind of Judgement to be entred But my Lords there is a form of a Judgement a most unusuall one such a one as never was in any such Case before used for indeed there was never before any Case so adjudged and this drawn up by a chief Clark of that Court by direction of M r Attorney Generall as the House was informed by the Clark in which the reason of the Judgement and the remanding of those Gentlemen is expressed in such sort as if it should be declared upon Record for ever that the Law were that no man could be enlarged from imprisonment that stood committed by any such absolute command The draught is only in S r Iohn Henningham's Case being one of the Gentlemen that was remanded and it was made for a form for all the rest The words of it are after the usuall Entrie of a Curia advisur vult for a time that visis return predict nec non diversis antiquis Recordis in Curia hic remanent consimiles casus concernentibus maturaque deliberatione inde prius habita eo quod nulla specialis causa captionis five detentionis predict Johannis exprimitur sed generaliter quod detentus est in prisona predict per speciale mandatum Domini Regis ideo predictus Johannes remittitur perfato Custodi Marr. hospitii predict salvo custodiend quousque c. that is quousque secundum legem deliberatus fuerit And if that Court which is the highest for ordinary Justice cannot deliver him secundum legem what Law is there I beseech you my Lords that can be sought for in any other inferiour Court to deliver him Now my Lords because this draught if it were entred in the Roll as it was prepared for no other purpose would be a great declaration contrary to the many Acts of Parliament already cited contrary to all Presidents of former times and to all reason of Law to the utter subversion of the chiefest Liberty and Right belonging to every Free-man of the Kingdome and for that especially also it supposeth that divers ancient Records had been looked into by the Court in like Cases by which Records their Judgements were directed whereas in truth there is not one Record at all extant that with any colour not so much indeed as with any colour warrants the Judgement therefore the House of Commons thought fit also that I should with the rest that hath been said shew this draught also to your Lordships I come now to the other kind of Presidents that is solemn Resolutions of Judges which being not of Record remain only in authentick Copies But of this kind there is but one in this Case that is a resolution of all the Judges in England in the time of Queen Elizabeth It was in the foure and thirtieth yeare of her reign when divers persons had been committed by absolute command and delivered by the Justices of one Bench or the other whereupon it was desired that the Judges would declare in what Cases persons committed by such Command were to be enlarged by them The resolution hath been variously cited and variously apprehended The House of Commons therefore desiring with all care to enforme themselves as fully of the truth of it as possibly they might got into their hands from a member of their House a book of selected Cases collected by a learned and reverend Chief Justice of the Common Pleas that was one of them that gave the Resolution which is entred at large in that book I mean the Lord Chief Justice Anderson It is written in that book in his own hand as the rest of the book is And however it hath been cited and was cited in that great Judgement given upon the habeas Corpus in the King's Bench as if it had been that upon such commitments the Judges might not baile the prisoners yet it is most plain that in the resolution it self no such thing is contained but rather expresly the contrary I shall better represent it to your Lordships by reading it then by opening it Then it was read If this Resolution doth resolve any thing it doth indeed upon the matter resolve fully the
Dominae Reginae super habeas Corpus Radulpho Mayall de Hatfield Penell praedict Henr. Vndall de eadem gener Willielmo Ecclesden de Westm. Bricklayer Richardo Morgan de Westm. Labourer uterque pleg sub poena 40 l. sub poena 100 l. Marr. pro suspitione proditionis cum Iohanne Smith mil. De Termino sancti Michaelis anno 40 Elizabethae Reginae et per com ro ejusdem rot 37. Midd. sci Thomas Wenden per Hugonem Parlor generos custod prisonae Dominae Reginae de le Gatehouse virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum c. ei inde direct coram Domina Regina apud Westm. duct cum causa viz. Quod 18. die Junii anno Regni Dominae Elizabethae nunc Reginae Angliae 38. Corpus infra nominati Tho. Wenden extra curiā ejusdem Dominae Reginae Angliae coram ipsa Dom. Concilio suo in Camera stellata prisonae Dominae Reginae de le Gate-house sub custodia sua pro certis causis eisdem Dominae Reginae concilio suo moventibus ei ignotis commissus fuit salvo custodiend donec aliud inde habuerit praecept Et haec est causa detentionis praedict Thomae in prisona praedict Marr. ball Qui committitur Marr. c. Et postea isto eodem Termino traditur in ballium prout patet per scruet finium istius Termini Per scruet finium de Termino sancti Michaelis anno 39. 40. Elizabethae Reginae Thom. Wenden de Aldham in comitatu Essex Mar. Yeoman traditur in ballium super habeas Corpus ad subjiciendum recipiendum Iohannes Wenden de Colmewalke in comitatu praedict yeoman Usque octab Hillar Will. Beriffe de Aldham praedict in comitatu praedict gen Radulpho Northen de Aldham in comitatu praedict yeoman quilibet praedict sub poena 200. Marcis pars sub poena 200 l. Idem Thom Wenden traditus fuit in ballium per consens Dominorum privati Concilii per Relationem Attorn Dominae Reginae general sub R. capt sub Terminum post crastin Martini De Termino Hillarii anno Eliz. Reginae Rot. 89. Domina Regina mandavit praedilecto fideli Conciliario suo Iohannem Popham mil. capital Justic. Dominae Reginae ad placita coram ipsa Regina tenend assignat Ac dilectis fidelibus suis Iohanni Clench Francisco Gawdy Edwardo Fennor Justiciar ipsius Dominae Reginae ad placita praedict aut eorum alicui breve suum de privato Sigillo manu sua propria quod sequitur in haec verba By the Queen Trustie and welbeloved we greet you well Whereas William Constable late of London Knight Robert Vernon late of London Knight Henry Lincey late of London Knight Ellis Iones late of London gent. Charles Ogle late of London gent. Robert Pitchforke late of London gent. Iohn Wright late of London gent. Christopher Wright late of London gent. and Edmund Whitlocke late of London gent. for the late treasonable attempt of the late Erle of Essex have been committed to sundry places and prisons for their offences committed some in one sort some in another and stand amongst others indicted of high Treason for their severall offences Forasmuch as of our princely disposition we are graciously bent to extend our grace and favour unto them and that they shall be bailed We will and command you or any of you to bail the aboue named persons or any of them to appear before us in our Court commonly called the Kings Bench at such time and in such manner and form as to you or any of you shall seem meet And this shall be your sufficient warrant and discharge in that behalf To our trusty and welbeloved Counceller S r Iohn Popham Knight Chief Justice of our Pleas to be holden before us To our trusty and welbeloved Iohn Clench Francis Gawdy and Edward Fennor Justices of the same Pleas or any of them De Vacatione Hillarii anno 43. Eliz. Reginae Gatehouse Robertus Vernon nuper de London mil. Henricus Lincey nuper de London mil. Carolus Ogle nuper de London generos per Willielmum Okey custod prisonae de le Gatehouse virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum c. Ei inde direct coram Francisco Gawdy uno Justiciar Dominae Reginae ad placita coram ipsa Regina tenend assignat apud hospitium suum in Chauncery lane London duct cum causa viz. Quod praedictus Robertus Henricus Carolus sibi commissi fuerint per mandatum privati Concilii Dominae Reginae pro quibusdam altis proditionibus per ipsos fieri suppositi Marr. Ball. Qui traduntur in ballium praetextu brevis c. De Vacatione Hillarii 43. Eliz. Reginae Fleet sci Henricus Carew de London mil. per Iohannem Phillips Gardian de le Fleet virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum c. Ei inde direct coram Francisco Gawdy uno Justiciar Dominae Reginae de placita coram ipsa Regina tenend assign apud hospitium suum in Sergeants Inne in Chauncery lane London duct cum causa viz. qoud praedict Henr. commissus fuit prison praedict 11 die Februarii anno 43 Reginae virtute cujusdam warranti diversorum praenobilium virorum de privato Concilio in haec verba These shall be to require you to receive into your charge and custody from the hands of the Lord Major of London the person of S r Henry Carew Knight who was in the late action of trayterous Rebellion and to keep him safely close prisoner untill you shall receive order from us to the contrary Qui traditur in ballium praetextu brevis c. De Termino sanctae Trinitatis primo Iacobi Regis rot 30. Iohannes Brocket mil. per Willielmum Okey custod prisonae de le Gatehouse in Westm. in comitatu praedict virtute brevis Domini Regis de habeas Corpus ad subjiciendum c. Ei inde direct coram Domino Rege apud Westm. duct cum causa viz. Quod ante adventum brevis praedict scilicet ultimo die Martii anno Regni Domini Regis primo praedict Iohannes Brocket mil. praefat custod de le Gatehouse commissus fuit per warrantum privati Concilii Domini Regis cujus tenor sequitur in haec verba To Will. Okey keeper of the prison of the Gatehouse in Westminster These are to will and require you to receive into your charge and custody the person of Iohn Brocket Knight and him to detain in safe keeping under your charge untill you shall have further order for his enlargement whose commitment being for some speciall matter concerning the service of our Sovereign Lord the King you may not fail to regard this our warrant accordingly From the Kings Pallace at Whitehall the last of March 1605. Eaque fuit causa detentionis praedict Marr. Ball. Iohannis in prisona praedict quia committitur Marr.
please your Lordship I shall humbly move you that this Gentleman may also be bailed for under favour my Lord there is no cause in the return why he should be any farther imprisoned and restrained of his liberty My Lord I shall say something to the form of the writ and of the return but very little to them both because there is a very little left for me to say My Lord to the form I say it expresseth nothing of the first caption and therefore it is insufficient I will adde one reason as hath been said the Habeas Corpus hath onely these words quod habeas corpus ejus una cum causa detensionis non captionis But my Lord because in all imprisonment there is a cause of caption and detention the caption is to be answered as well as the detention I have seen many writs of this nature and on them the caption is returned that they might see the time of the caption and thereby know whether the party should be delivered or no and that in regard of the length of his imprisonment The next exception I took to the form is that there is much incertainty in it so that no man can tell when the writ came to the keeper of the prison whether before the return or after for it appears not when the Kings command was for the commitment or the signification of the Councell came to him It is true that it appears that the warant was dated the seventh of November but when it came to the keeper of the prison that appears not at all and therefore as for want of mentioning the same time of the caption so for not expressing the same time when this warrant came I think the return is faulty in form and void And for apparent contradiction also the return is insufficient for that part of the return which is before the warrant it is said quod detentus est per speciale mandatum domini Regis the warrant of the Lords of the Councel the very syllables of that warrant are that the Lords of the Councell do will and require him still to detain him which is contrary to the first part of the return Besides my Lord the Lords themselves say in another place and passage of the warrant that the King commanded them to commit him and so it is their commitment so that upon the whole matter there appears to be a clear contradiction in the return and there being a contradiction in the return it is void Now my Lord I will speak a word or two to the matter of the return and that is touching the imprisonment per speciale mandatum domini Regis by the Lords of the Councell without any cause expressed and admitting of any or either of both of these to be the return I think that by the constant and settled Laws of this kingdome without which we have nothing no man can be justly imprisoned be either of them without a cause of the commitment expressed in the return My Lord in both the last Arguments the statutes have been mentioned and fully expressed yet I will adde a little to that which hath been said The statute of Magna Charta cap. 29. that statute if it were fully executed as it ought to be every man would enjoy his liberty better then he doth The Law saith expresly no Free-man shall be imprisoned without due processe of the Law out of the very body of this Act of Parliament besides the explanation of other statutes it appears Nullus liber homo capiatur vel imprisonetur nisi per legem terrae My Lord I know these words legem terrae do leave the question where it was if the interpretation of the Statute were not But I think under your Lordships favour there it must be intended by due course of Law to be either by presentment or by indictment My Lords if the meaning of these words Per legem terrae were but as we use to say according to the lawes which leaves the matter very uncertain and per speciale mandatum c. be within the meaning of these words according to the law then this Act had done nothing The Act is No Free-man shall be imprisoned but by the law of the land if you will understand these words per legem terrae in the first sense this statute will extend to Villains as well as to Free-men for if I imprison another man Villain the Villain may have an action of false imprisonment But the Lords and the King for then they both had Villains might imprison them and the Villain could have no remedy but these words in the statute per legem terrae were to the Free-man which ought not to be imprisoned but by due processe of law and unlesse the interpretation shall be this the Free-man shall have no priviledge above the Villain So that I conceive my Lord these words per legem terrae must be here so interpreted as in 42 Eliz. the Bill is worth the observing it reciteth that divers persons without any writ or presentment were cast into prison c that it might be enacted that it should not be so done hereafter the answere there is that this is an Article of the great Charter this should be granted so that it seemes the statute is not taken to be an explanation of that of Magna Charta but the very words of the statute of Magna Charta I will conclude with a little observation upon these words nec super eum mittimus which words of themselves signifie not so much a man cannot finde any fit sense for them But my Lord in the seventh year of King Iohn there was a great Charter by which this statute in the ninth of Henry the third whereby we are now regulated was framed and there the words are nec eum in Carcerem mittimus we will not commit him to prison that is the King himself will not and to justifie this there is a story of that time in Matthew Paris and in that Book this Charter of King Iohn is set down at large which Book is very authentique and there it is entred and in the ninth of Henry the third he saith that the statute was renewed in the same words with the Charter of King Iohn and my Lord he might know it better then others for he was the Kings Chronologer in those times and therefore my Lord since there be so many reasons and so many presidents and so many statutes which declare that no Free-man whatsoever ought to be imprisoned but according to the laws of the land and that the liberty of the subject is the highest inheritance that he hath my humble request is that according to the ancient laws and priviledges of this Realm this Gentleman my Client may be bailed The Argument of Master Calthrop upon the Habeas corpus Sir Iohn Corbet being brought to the Kings Bench Bar with Sir Edmond Hampden Sir Walter Earl and Sir Iohn Henningham who were also
touching the resolution of the house of Commons To the second of these 12. which is Parkers Case in the 22. H. 8. Rot. 37. his Objections were two First that it is true that he was returned to be committed Per mandatum domini Regis but it appeared that this command was certified to the Shreiffs of London by one Robert Peck gentleman and that in regard that the command came no otherwise the return was held insufficient and that therefore he was bailed Secondly that it appears also in the Record that he was committed pro suspicione felloniae ac per mandatum domini Regis so that in regard that the command that in the expression of the causes of his commitment suspicion of fellony preceeds the command of the King therefore it must be intended that the Court tooke the Cause why the King committed him to be of less moment then fellony and therefore bailed him For he Objected that even the house of Commons themselves in some Arguments used by them touching the interpretation of the statute of Westminster the first cap. 15. about this point had affirmed that in enumeration of particulars those of greatest nature were first mentioned and that it was supposed that such as followed were usually of less nature or moment But the reply was to the first Objection that the addition of the certefying of the Kings command by Robert Peck altered not the Case First because the Sheriffs in their Return took notice of the command as what they were assured of and then howsoever it came to them it was of equal force as if it had been mentioned without reference to Peck Secondly as divers Patents pass the great Seal by writ of privy Seal and are subscribed Per breve de privato sigillo so diverse per ipsum Regem are so subscribed and oftentimes in the Roll of former times to the words per ipsum Regem are added nunciante A. B. So that the Kings command generally and the Kings command related or certified by such a man is to this purpose of like nature Thirdly in the late great Case of Habeas Corpus where the Return of the commitment was Per speciale mandatum Domini Regis mihi significatum per Dominos de privato Confilio the Court of Kings-Bench did agree that it was the same and of like force as if mihi significatum c. had not followed and that those words were void According whereunto here also Per mandatum Dom. Regis nunciatum per Robert Peck had been wholly omitted and void likewise And in truth in that late Case this Case of Parker was cited both at the Barr and Bench and at the Bench it was interpreted by the Judges no otherwise then if it had been onely per mandatum Domini Regis in place of it but the Objection there was made of another kinde as was delivered in the first Argument made out of presidents in the behalf of the house of Commons Therefore to the second Objection touching the course of Enumeration of the Causes in the Return it was said that howsoever in some Acts of Parliament and else where in the solemn expressions used in the Law things of greater nature preceded and the less follow yet in this Case the contrary was most plain for in the Return it appears that there were three Causes for detaining the Prisoners Surety of the peace Suspicion of Pellony and the Kings command and Surety of the peace is first mentioned which is plainly less then Fellony And therefore it is plain if any force of Argument be taken from this enumeration that the contrary to that which M r. Attorney inferred is to be concluded that is that as Fellony is a greater Cause then Surety of the peace so the matter whereupon the Kings command was grounded was greater then Fellony But in truth this kinde of Argument holds neither way here and whatsoever the Cause were why the King committed him it was impossible for the Court to know it and it also might be of very high moment in matter of state and yet of farr less nature then Fellony All which shews that this president hath his full force also according as it was first used in Argument by the house of Commons To the third of these which is Binckes Case in the 35. H. 8. Rot. 33. the Objection was that there was a Cause expressed pro suspicione felloniae and though pro aliis causis illos moventibus were added in the Return yet because in the course of enumeration the general name of aliis comming after particulars includes things of less nature then the particuler doth therefore in this Case suspition of fellony being the first the other Causes afterwards generally mentioned must be intended of less nature for which the Prisoner was bailable because he was bailable for the greater which was suspition of fellony Hereunto it was replyed that the Argument of enumeration in these Cases is of no moment as is next before shewed and that although it were of any moment yet any Case though less then fellony might be of very great consequence in matter of state which is pretended usually upon general Returns of command without cause shewed and it is most plain that the Court could not possible know the reasons why the Prisoner here was committed and yet they bailed him without looking further after any unknown thing under that title of Matter of state which might as well have been in this Case as in any other whatsoever To the 4. of these which is Overton's Case in 2. 3. Phet M. Rot. 58. and to the 5. which is Newports Case P. M. 4. 5. Rot. 45. onely these Objections were said over again by Mr. Attorney which are mentioned in the Argument made out of presidents in behalf of the house of Commons at the first conference and in the same Argument are fully and clearly satisfied as they were in like manner now again To the 6. of these which was Lawrence his Case M. 9. Eliz. Rot. 35. and the 7. which is Constables P. 9. Eliz. Rot. 68. the same Objections onely were likewise said over again by Mr. Attorney that are mentioned and clearly and fully answered in the Argument made at the first conference out of presidents in behalf of the house of Commons the force of the Objection being onely that it appeared in the Margent of the Roll that the word Pardon was written but it is plain that the word there hath no reference at all to the reason why they were bailed nor could it have reference to the Cause why they were committed in regard the Cause why they were committed is utterly unknown and was not shewed To the 8. of these Presidents which was Brownings Case P. 20. Eliz. Rot. 72. It was said M r. Attorney that he was bailed by a letter from the Lords of the Councel directed to the Judges of the Court but being asked for that letter or any Testimony of it
till his pleasure be first known Thus did the Lord Chief Justice Coke in Raynards Case They say this would have been done if the King had not written but why then was the Letter read and published and kept and why was the Town Clark sent carefully to enquire because the Letter so directed whether these men offered for bayl were subsedy men the Letter sheweth also that Beckwith was committed for suspition of being acquainted with the Gun-Pouder-Treason but no proof being produced the King left him to be bayled The Earle of WARVVICKS speech 21. April 1628. MY Lords I will observe something out of the Law wherein this liberty of the Subjects Person is founded and some things out of Presidents which have been alleadged For the Law of Magna Charta and the rest concerning these points they are acknowledged by all to be of force and that they were to secure the Subjects from wrongfnll imprisonment as well or rather more concerning the King then the Subject why then besides the grand Charter and those 6. other Acts of Parliament in the very point we know that Magna Charta hath been at least 30. times confirmed so that upon the matter we have 6. or 7. and thereby Acts of Parliament to confirm this liberty although it was made a matter of derision the other day in this House One is that of 36. E. 3. No. 9. and another in the same year No. 20. not printed but yet as good as those that are and that of 42. E. 3. cap. 3. so express in the point especially the Petition of the Commons that year which was read by M r. Littleton with the Kings answer so full and free from all exception to which I refer your Lordships that I know not have any thing in the World can be more plain and therefore if in Parliament ye should make any doubt of that which is so fully confirmed in Parliament and in case so clear go about by new glosses to alter the old and good Law we shall not onely forsake the steps of our Ancestors who in Cases of small importance would answer nolumus mutare leges Angliae but we shall yield up and betray our right in the greatest inheritance the Subjects of England hath and that is the Laws of England and truely I wonder how any man can admit of such a gloss upon the plain Text as should overthrow the force of the Law for whereas the Law of Magna Charta is that no Free-man shall be imprisoned but by lawfull judgement of his Peers or the Law of the Land the King hath power to commit without Cause which is a sence not onely expresly contrary to other Acts of Parliament and those especially formerly cited but against Common sence For Mr. Attorney confesseth this Law concerns the King why then where the Law saith the King shall not commit but by the Law of the Land the meaning must be as M r. Attorney would have it that the King must not commit but at his own pleasure and shall we think that our Ancestors were so foolish to hazard their Persons Estates and labour so much to get a Law and to have it 30. times confirmed that the King might not commit his Subjects but at his own pleasure and if he did commit any of his Subjects without a Cause shewen then he must lie during pleasure then which nothing can be imagined more ridiculous and contrary to true reason For the Presidents I observe that there hath been many shewen by which it appears to me evidently that such as have been committed by the Kings Councel they have been delivered upon Habeas Corpus and that constantly It is true that some Presidents were brought on the Kings part that when some of these persons desired to be delivered by Habeas Corpus the King or his Councel signified his Majesties pleasure that they should be delivered or the Kings Attorney hath come into the Court and related the Kings Command but this seems to make for the Subject For that being in his Majesties power to deliver them who by his special Command were imprisoned May not we well think that his Majesty would rather at that time have stayed their deliverance by Law then furthered it with his Letters and made the Prisoners rather beholding to him for his grace and mercy then to the Judges for Justice had not his Majesty known that at that time they ought to have been delivered by Law I think no man would imagine a wise King would have suffered his Grace and Prerogative if any such Prerogative were to be so continually questioned and his Majesty and his Councel so far from commanding the Judges not to proceed to deliver the Prisoner by them committed without Cause shewn as that on the other side which is all the force of these Presidents the King and the Councel signified to the Judges that they should proceed to deliver the parties certainly if the King had challenged any such Prerogative that a Person committed without any cause shewn ought not to be delivered by the Judges without his consent it would have appeared by one President or other amonst all that have been produced that his Majesty would have made some claim to such a Prerogative But it appears to the contrary that in many of these cases the King or his Councel did never interpose and where they did it was alwayes in affirmation and incouragement to that Court to proceed And besides the writing of Letters from his Majesty to the Judges to do Justice to his Majesties Subjects may with as good reason be interpreted that without those Letters they might not do Justice also the King signified his willingness that such such Persons which were committed by him should be delivered therefore they could not be delivered without it which is a strange reason So that findeing the Laws so full so many and so plain in the point and findeing that when ever any were committed without cause shewn brought their Habeas Corpus they were delivered and no Command ever given to the contrary or claim made on the Kings part to any such Prerogative I may safely conclude as the House of Commons have done and if any one President or two of late can be shewn that the Judges have not delivered the Prisoners so committed I think it is their fault and to be enquired of but contrary it seems to me to be an undoubted Liberty of the Subject that if he be committed without cause or without cause shewn yet he may have some speedy course to bring himself to Trial either to justifie his own innocencie or to receive punishment according to his fault for God forbid that an innocent man by the Laws of England should be put in worse case then the most grievous Malefactors are which must needs be if this should be that if a cause be shewed he may have his Trial but if none he must lie and pine in Prison during pleasure
they have been forthwith relieved saving in the time of your Royal Father who having through ill Councel raised the rates and charges of Merchandizes to that height at which they now are was yet pleased to yield so far to the complaint of his people as to offer that if the vallue of those impositions which he had set might be made good unto him he would himself and his Heirs by act of Parliament be bound never to lay any other which offer the Commons at that time in regard of the great burthen did not yield unto Nevertheless your Loyal Commons in this Parliament out of their especiall zeal to your service and special regard to your pressing occasions to take into their considerations so to frame a grant of subsedy of Tonnage and Poundage to your Majestie that both you might have been the better enabled for the defence of your Realm and your Subjects from being secure from all undue charges might be the more incouraged chearfully to proceed in their course of Trade by the encrease whereof your Majesties profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their duty both to your Majesty and the Countrey save onely to make this humble declaration that the receiving of Tonnage and Poundage and other impositions not granted by Parliament is a breach of the fundamentall Liberties of this Kingdom and contrary to your Majesties Royal Answer to the said Petition of Right And therefore they do most humbly beseech your Majestie to forbear any further to receive the same and not to take it in ill part from those of your Majesties loving Subjects who shall refuse to make payment of any such charges without warrant of Law demanded And as by this forbearance your most Excellent Majestie shall manifest unto the world your Royal Justice in the observance of your Laws So they not doubting but that hereafter at the time appointed for their coming together again they shall have occasion to express their great desire to advance your Majesties Honour and profit A Letter which was found among some Jesuits that were lately taken at London and addressed to the Father RECTOR at BRUXILLS FAther Rector let not the damp of astonishment seiz upon your most ardent and zealous soul in apprehending the sudden and unexpected calling of the Parliament we have not opposed but rather furthered it so that we hope as much in this Parliament as ever we feared in Queen Elizabeths dayes You must know the Councel is ingaged to assist the King by the way of Prerogative in case the Parliamentary way should fall You shall see this Parliament will resemble the Pellicane which takes a pleasure to dig out with her beake her own bowels The election of the Knights and Burgesses have been in such confusion and by such apparant faction as that which we were wont to prove heretofore with much art and industry when the Spanish match was in treaty now it breaks out naturally as a botch or boyl and spets and spews out his own ranckor and venom You may remmber how that most Famous and Immortall Statesman the Count of Gondomar fed King Iames his fancy and rocked him asleep with the soft and sweet sound of Peace to keep up the Spanish Treaty Likewise we were much bound to some eminent Statesmen of our own Countrey to gain time in procureing those advantagious Sessions of Arms in the Pallatinate and in admiring the worth and Honour of the Spanish Nation and vilifying the Hollanders remonstrating to King Iames that State was most ungratefull both to his predecessor Queen Elizabeth and his Sacred Majestie that that State was more obnoxious then the Turk and perpetually injured his Majesties Subjects in the East Indies and likewise they had usurped from him the regallitie of the narrow seas in fishing upon the English coasts Had the Spanish match taken effect which was broken by the heat and violence of your furious Enemy the Duke of Buckingham certainly if King Iames had diserted the Hollanders Those great Statesmen had but one means to further their great and good designes which was to seiz on King Iames that none but the Puritans faction that plotted nothing but Annarchy and his confusion were advanced to this most happie Union We steered on the came course and have made use of Annarchall election and have prejudicated and anticipated the great one the Duke of Buckhingham that none but the Kings Enemies and his are chosen of the Parliament and that the Parliament vows to begin where they have left and will never give over till they have exterpated him and his posteritie On the other side the same parties who are to be admired for their indefitigable industrie incessantly foment revenge and jelousie in most of the Parliament men and especially they work upon the pride and vain glory of such as have been imprisoned acknowledging that they are the onely Martires and Worthies of the Country London is as much distempered as ever Florence was for the companies are at great odds and the common Councel have opposed the Magistrates against the old custom in the election of the Knights which hath bred a great heart burning in the City that twice a day we can divulge what we list in Pauls and upon the Exchange we have already rendered our irreconciliable Enemy the Duke as odious as a Toad so the people are apt to believe any thing against him We hope to be revenged on that Ball of Wilde-fire the Duke shortly and quench his fury you shall see the same sword that hath wounded us drawn upon the wound with an oyl that we have annointed it shall make us whole and this shall be done the Parliament is a great ship that hath dashed twice against the same rock and we have so wrought upon the several complexions of Parliament-men in charging the most temporate and wiser sort that the best way to overthrow the Duke is by humble Petition to his Majestie With the violent sort we have taken a contrary course by working upon their passions and intreating their fancies with probabilities and presidents which never were heard of that favourites have but Parliament proofs they may wrastle for a time but at last the Parliament hath ever overthrow them upon their backs we incourrage them withall the wits we have to fall upon the Duke and perswade them now is the time or never the King being in such apparant necessity insomuch that we assure our selves that God hath so forsaken and infatuated them that they shall not onely strike and dash upon the same rock again but split and wrack in the bottomless sea of destruction We have now many strings to our bow and have strongly fortified our faction and have added two Bulwracks more for when King Iames lived you know he was very vehement against Arminianisme interrupted with
desires and future hopes and howsoever I find the misinterpretation of some and the danger of Religion yet I find his Majesties ears open and if these things be thus as we see that then he is not rightly counselled I am confident we shall render his Majesty an account of what he expecteth but Sir I apprehend a difference between his Majesties expression and the expression of his Ministers First Sir that Bill was here tendered in his Majesties name and now we find his Majesty disavows it that he did it not What wrong is this done to his Majesty and to this House to press things in his Soveraigns name to the prejudice and distraction of us all I think him not worthy to sit in this House Mr. Speaker THis Honorable person did explain himself that he did not press it in his Majesties name but onely did commend it to your considerations Secretary Cook I Said that in regard of the difference between his Majestie and his Subjects my desire was to accommodate it Sir Humfrey May IF ye be too quick to except against the ministers of his Majestie that serve his Majestie and this House it will discourage and stop our mouthes whose service ye dayly commend At the Committee for Religion Sir Iohn Elliot FOr the way of our proceedings to shew the weight and unitie thereof to all the world we have laid a good foundation I collect out of the particulars about the Article of Lambeth that the difference was in the manner of the use of them but all did profess the truth and worth of them at which unitie in all our hearts we may all rejoyce whereas the enemie abroad gives out that we are at faction amongst our selves whereas all of us took them granted not onely to make use of them to oppose our adversaries but also for the worth of them Let us boldly relie on the ground alreadie laid let us look to them that offended us in this our truth which I hope we shall live and die in if there be cause Are there Arminians for so they are called look to this see what degree they creep let us observe their Books and Sermons let us strike at them and make our charge at them and vindicate our truth that seems yet obscure and if any justifie themselves in their new opinions let us deal with them and then testimonie will be needfull our truth is clear our proofs will be many and if these parties will dare to defend themselves then seek for proof The Remonstrance of the last Parliament was read in part about Arminians and also his Majesties Declaration printed with the book of Articles and the Proclamation against Mountagne Wednesday Febr. 4. A Bill preferred that no Clergie-man shall be in Commission for Peace except Bishops Deans Vice-Chancellors of both Universities c. within their severall jurisdictions Doctor Reeves which sat as Judge upon the Conservation of Mr. Mountague called in and examined saith That Objections were offered Ore tenus and after offered in writing but he rejected the same because they had not an advocates hand and upon the whole saith he durst neither admit of any objections for the present nor give time for the same upon pain of premunire by the Statute Doctor Talbot and Doctor Steward are assigned for Councel with Mr. Iones the Printer in his Cause Mr. Selden THe point considerable is not whether Doctor Reeves hath done well or ill for he did but as any discreet man would have done but the point is now whether Mr. Mountague be a lawfull Bishop or no. Neither is the question to be debated whether the exceptions be lawfull or no but being legal of what force they be to hinder the confirmation of the Bishop All which is agreed and Doctor Reeves for the present discharged A Petition is preferred by Thomas Ogle against Doctor Cosens with Articles annexed thereunto tending to the introducing of Popish Doctrine and Popish Ceremonies into the Cathedral Church at Durham Sir Euball Thelwall THere were two affidavits that Cosens should say That the King had no more to do with Religion than his Horse-keeper and that by the appointment of Mr. Attorney these affidavits were taken and he said to the end a Bill in Star-chamber might be filed against him But since Cosens hath his pardon and the King was told it was onely raised by the spleen of some Puritane Mr. Shervile DEsired that search might be made for the pardons There were four pardons under the Great Seal granted to Mountague Sibthorpe Cosens and Manwering it pardons all Treasons Premunires Errors erronious Opinions and all false Doctrines scandalous Speeches or Books and all offences by word and deed all corrupt contracts c. Treason to the person of the King and Witchcraft onely excepted Mr. Rousse HEre are four persons that have made the Common-wealth sick thus by the Phisick you see the Diseases but I conceive there is other physick to be ministered to those rotten Members for questionless this is not to be cured but by cutting off those Members Mr. Kirton MAster Kirton moved that the procurers of these Pardons might be enquired after that it might be seen who gave order to the Signet for the going forth of those Pardons for questionless there are Cosens at Court too Sir Robert Philips IF ever any was abused it was our King in granting those pardons we would save the time of doing any thing if this be not searched to the bottom The goodness of our King is much abused I desire the Attorney may give account by what Warrant he drew these pardons so shall we find out those that misled the King to the heart-grief of us all It is high time to find out all these things A Committee was hereupon named to enquire who have been the Solicitors and Procurers of these pardons Sir Edward Giles I Know not what prevention may happen in these for questionless the devil of hell hath his hand in it Therefore presently let us send for Mr. Attorney Which was Ordered Sir Iames Perotte SIr Iames Perotte complaineth further of some instruments of the Bishop of London and Doctor Turner who denied the License of printing the Articles of Ireland That diverse books have been licensed by the Bishop of Londons Chapplains and then refuse the same declaring they are of a contrary opinion and haven given license to Mr. Chomley and Mr. Butterfield and therefore would not give license to these Mr. Pym MAster Pym doth make a full Report of all the proceedings against Mr. Mountague since the last Parliament of King Iames. Sir Robert Phillips REported from Mr. Attorney that my Lord of Dorset spoke to him to hasten the Pardons and that he received a Warrant from the King for drawing them that my Lord Carleton brought another Warrant from the King for drawing these pardons telling him that he must make expedition therein and he must draw the same as the Councel of the parties did direct the same
vouchsafe us your noble Company in this Petition without surcharging it with this addition A tempore Our next argument is drawn a tempore from the unseasonableness of the time The wise man saith there is a time for all things under the Sun tempus suum And if in the wise mans Judgement a word spoken in its due time be precious as Gold and Silver then an unseasonable time detracts as much from the thing or word done or spoken We hold under your favours that the time is not seasonable now for this addition It is true that of it self Soveraign power is a thing alwayes so sacred that to handle it otherwise then tenderly is a kinde of sacriledge and to speak of it otherwise then reverently is a kinde of blasphemy but every vulgar capacity is not so affected the most part of men nay almost all men judge and esteem all things not according to their own intrinsick virtue and quality but according to their immediate effects and operations which the same things have upon them Hence it is that Religion it self receiveth more or less credit and approbation as the Teachers and Professors are worser or better Yea if God himself send a very wet Harvest or Seed-time men are apt enough to censure Divine power The Soveraign power hath not now for the present the ancient amiable aspect in respect of some late sad influences but by Gods grace it will soon recover To intermix with this Petition any mention of Soveraign power rebus sic stantibus when angry men say Soveraign power hath been abused and the most moderate wish it had not been so used we hold it not seasonable under your Lordships correction A loco Our next argument is drawn a loco we think the place where your Lordships would have this addition inserted viz. in the Petition no convenient or seasonable place Your Lordships will easily believe that this Petition will run through many hands every man will be desirous to see and to read what their Knights and their Burgesses have done in Parliament upon their complaints what they have brought home for their 5. Subsedies If in perusing of this Petition they fall upon the mention of Soveraign power they presently fall to arguing reasoning and discanting what Soveraign power is what is the Latitude whence the Original and where the bounds with many such curious and captious questions by which course Soveraign power is little advanced or advantaged For I have ever been of opinion that it is then best with Soveraign power when it is had in tacite venerationem not when it is prophaned by publick hearings or examinations Our last argument is drawn from our duty and Loyalty to his Majesty in consideration whereof we are fearfull at this time to take this addition into our Petition least we should do his Majesty herein some disservice With your Lordships we make the great Councel of the King and Kingdom And though your Lordships having the happiness to be near his Majesty know other things better yet certainly the state and condition of the several parts for which we serve their dispositions and inclinations their apprehensions their fears and jealousies are best known unto us And here I pray your Lordships to give me leave to use the figure called Reticentia that is to insinuate and intimate more then I mean to speak Our chief and principal end in this Parliament is to make up all rents or breaches between the King and his Subjects to draw them and knit them together from that distance whereof the world abroad takes too much notice to work a perfect union and reconciliation how improperly and unapt at this time this addition would be in respect of this end we cannot but foresee and therefore shun it and do resolve that it is neither agreeable to the Persons of such Councellors whom we are nor answerable to that love and duty which we owe to his Majesty to hazard an end of such unspeakable consequence upon the admittance of this addition into our Petition whereof as we have shewed the omission at this time can by no means harm the Kings Prerogative the expression may produce manifold inconveniences and therefore since the admittance of your Lordships addition into our Petition is incoherent and incompatible with the body of the same since there is no necessary use of it for the saving of the Kings rerogative since the moderation of our Petition deserveth your Lordships cheerfull conjunction with us since this addition is unseasonable for the time and inconvenient in respect of the place where your Lordships would have it inserted and lastly may prove a disservice to his Majesty I conclude with a most affectionate prayer to your Lordships to joyn with the House of Commons in presenting this Petition unto his sacred Majesty as it is without this addition The KINGS speech in the Higher House at the meeting of both Houses 2. June 1628. Gentlemen I Am come hither to perform my duty and I think no man will think it long since I have not taken so many dayes in answering of the Petition as you have spent weeks in framing it and I am come hither to shew you that as well in formall things as in essential I desire to give you as much content as in me lies The Lord KEEPER in explanation of the same MY Lords and you the Knights Cittizens 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 how to settle your own Liberty you have generally professed in both Houses that you have no intention for to lessen or diminish his Majesties Prerogative wherein as you have cleared your own intentions so his Majesty now comes to clear his and to strike a firm league with his people which is ever decreed 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 strength to his Majesties Prerogative and his Prerogative a defence to your Liberties In this his Majesty doubts not but both you and he shall take a mutual comfort hereafter and for his part he is resolved to give an example in so using of his power as hereafter you shall have no cause to complain This is the summe of that which I am to say to you Here read your own Petition and his Majesties gracious answer The KINGS answer to the Petition of Right 2. June by the Lord KEEPER THe King willeth that Right be done according to the Laws and Customes of the Realm and that the Statutes be put in due execution that the Subject may have no cause to complain of any wrong or oppression contrary to their just Rights and Liberties to the preservation whereof he holds himself in conscience as well obliged as of his Prerogative Sir JOHN ELLIOTS Speech 3. June Mr. Speaker WE sit here
as the great Councel of the King and in that capacitie it is our duty to take into consideration the State and affairs of the Kingdom and where there is occasion to give them in a true representation by way of council and advice with what we conceive necessary or expedient for them In this consideration I confess many a sadd thought hath affrighted me and that not onely in respect of our dangers from abroad which yet I know are great as they have been often in this place prest and dilated to us but in respect of our disorders here at home we do inforce those dangers and by which they are occasioned For I believe I shall make clear unto you that both at first the cause of these dangers were disorders and our disorders now are yet our greatest dangers and not so much the potency of our enemies as the weakness of our selves do threaten us and that saying of the Father may be assumed by us Non tam potentia sua quam negligentia nostra Our want of true devotion to heaven our insincerity and doubling in Religion our want of Councels our precipitate actions the sufficiency or unfaithfulness of our Generals abroad the corruptions of our Ministers at home the impoverishing of the Soveraign the oppression and depression the exhausting of our treasures waste of our provisions Consumption of our Ships destructon of Men This makes the advantage to our enemies not the reputation of their Arms. And if in these there be not reformation we need no Foes abroad time it self will ruine us To shew this more fully as I believe you will all hold it necessary that there seem not an aspertion on the State or imputation on the Government as I have known such mentions misinterpreted which far it is from me to propose that have none but clear thoughts of the Excellency of his Majestie nor can have other ends but the advancement of his glory I shall desire a little of your patience extraordinarily to open the particulars which I shall do with what brevity I may answerable to the importance of the cause and the necessity now upon us yet with such respect and observation to the time as I hope it shall not be troublesome For the first then our insincerity and dubling in Religon the greatest and most dangerous disordor of all others which hath never been unpunished and of which we have so many strong examples of all States and in all times to awe us What testimony doth it want will you have Authority of bookes look on the collection of the Committee for Religion there is too clear an evidence will you have Recors see then the Commission procured for composition with the Papists in the North Mark the proceedings thereupon you will finde them to little less amounting then a tolleration in effect thought upon some slight payments and the easiness in them will likewise shew the favour that 's intended Will you have proofs of men witness the hopes witness the presumptions witness the reports of all the Papists generally observe the dispositions of Commanders the trust of Officers the confidence of secrecies of imployments in this Kingdom in Ireland and elsewhere they all will shew it hath too great a certainty and unto this add but the incontrolable evidence of that all-powerfull hand which we have felt so sorely that gave it full assurance for as the Heavens oppose themselves to us for our impiety so it is we that first oppose the Heavens For the second our want of Councels that great disorder in State with which there cannot be stability if effects may shew their causes as they are after a perfect demonstration of them our misfortunes our disasters serve to prove it and the consequence they draw with them If reason be allowed in this dark age the judgment of dependencies and foresight of contingencies in affairs confirm it For if we view our selves at home are we in strength are we in reputation equall to our Ancestors if we view our selves abroad are our Friends as many as our Enemies Nay more do our friends retain their safety and possessions do our Enemies enlarge themselves and gain for them and us what Councel to the loss of the Pallatinate sacrificed we our honour and our men sent thither stopping those greater powers appointed for that service by which it might have been defencible what Councel gave direction to the late action whose wounds are yet a bleeding I mean the expedition to Rhee of which there is yet so sadd a memorie in all men what design for us or advantage to our State could that import you know the wisdom of our Ancestors the practice of their times how they preserved their safeties we all know and have as much cause to doubt as they had the greatness and ambition of that Kingdom which the Old world could not satisfie against this greatness and ambition we likewise know the proceedings of that Princess that never to be forgotten Excellency of Queen Elizabeth whose name without admiration falls not into mention with her Enemies you know how she advanced her self how she advanced this Kingdom how she advanced this Nation in glorie and in state how she depressed her Enemies how she upheld her Friends how she enjoyed a full security and made them then our scorn whom now are made our terror Some of the principals she built on were these and if I mistake let reason and our Statesmen contradict me First to maintain in what she might a unity in France that that Kingdom being at peace within it self might be a Bulwark to keep back the power of Spain by land Next to preserve an amity and league between the States and us that so we might come in aid of the low Countries and by that means receive their Ships and help by sea This treable-cord so working between France the States and us might enable us as occasion should require to give assistance unto others and by this means the experience of that time doth tell us that we were not onely free from those fears that now possess and trouble us but then our Names were fearfull to our enemies See now what correspondency or actions had with this square it by these rules that it induce a necessary consequence of the division of France between the Protestants and their King of which there is too wofull and lamentable experience It hath made an absolute breach between that State and us and so entertained us against France France in preparation against us that we have nothing to promise our neighbours hardly for our selves Nay but observe the time in which it was attempted and you shall finde it not onely varying from those principals but directly contrary and opposite ex diametro to those ends and such as from the issue and success rather might be through a conception of Spain then begotten here with us Here there was an interruption made by S r. HUMFRY MAY expressing a dislike but
I conceive it plain these Customers took the goods in their own right not in the Kings In this Priviledge is plainly broken wherein it is easily determined Mr. Banks In this case there is no interposing of the Kings Right and the King this Parliament hath declared as much That the Courts at Westminster do grant 12 days priviledge to any man to inform his Councel much more the Court of Parliament are to have their Priviledge The Kings Command cannot extend to authorize any man to break the Priviledges no more than it will warrant an entrie upon any mans Land without process of Law Mr. Soliciter If the King have no Right how can he make a Lease then this pretended interest of the Customers must needs be void and therefore the goods must not be taken on their own right but in the right of the King Mr. Selden If there were any right the pretended right were in the Subject First whether Priviledge in goods Secondly whether the right were in the Customers onely Thirdly whether priviledge against the King 1. If the Lords have no priviledge in Parliaments for their goods then have they no priviledge at all for they are priviledged in their persons out of Parliament 2. For the point of interest it is plain no kind of Covenant can alter the interest and questionless had the cause in the Exchequer appeared to the Barons as it doth to us they would never have proceeded as they did 3. If our goods may be seized into the Exchequer be it right or wrong we were then as good have nothing Sir Nath. Ritch 〈…〉 recorded the last Session and citeth other presidents in this House that a servant of a Member in Parliament ought to have priviledge in his goods Mr. Noy saith that these Commissioners had neither Commission nor Command to seize Therefore without doubt we may proceed safely to the other question That the priviledge is broken by the Customers without relation to any Commission or Command of the King Secretarie Cook saith It is in the Commission to seize but the Commission being read it is not found to be there Chancellor of the Dutchie saith Mr. Dawes mentioned that he seized these goods by virtue of a Commission and other Warrants remaining in the hands of Sir Iohn Elliot that therefore these Warrants may be seen whether there be no command to seize these goods Sir Nathaniel Ritch This days debate much joyeth me specially the motion made by Mr. Noy whereby it is plain we have a way open to go to this question without relation to the Kings Commission or Command and desire it in respect there appears nothing before us to incumber the question Chancellor of the Dutchie desires again these Warrants may be look into before we go to the question Mr. Kirton In respect this Honorable Gentleman presseth this so far that it may appear with what judgement this House hath proceeded Mr. Glanveil I consent these Warrants be sent for and read but withall if any thing arise that may produce any thing of ill consequence let it be considered from whence it doth come The Privie Councellers are contented with this Motion The Warrants being sent for and read it is plain there is no Warrant to seize Mr. Kirton If now there be any thing of doubt I desire those Honorable persons may make their objections Chancellor of the Dutchie I rejoyce when I can go to the Court able to justifie your proceedings I confess I see nothing now but that we may safely proceed to the Question Mr. Secretarie Cook saith as much Mr. Hackwell argueth against Priviledge in time of Prorogation Mr. Noy saith he had no doubt but that Priviledge was in force in time of Prorogation untill he heard this Argument of Prorogation of Mr. Hackwell and saith that he hath nothing from him yet that doth alter his opinion and citeth a cause wherein the Lords House hath this verie Prorogation adjudged the Priviledge Mr. Hackwell saith he is glad to hear it is so and he is now of the same opinion Decided by Question That Mr. Rolles ought to have Priviledge of Parliament for his goods seised 30 Octob. 5 Iac. and all sithence This Committee is adjourned untill Munday and the Customers to attend The Protestation of the COMMONS in Parliament on Munday 2. Mar. 1628. 1. WHosoever shall bring in an Innovation in Religion or by favour or countenance seek to extend or introduce Poperie or Arminianisme or other Opinion differing from the true and orthodox profession of our Church shall be reputed a Capital enemie to this Kingdom and Common-wealth 2. Whosoever shall counsel or advise the taking or leavying of the Subsedies of Tonage and Poundage not being granted by Parliament or shall be an Actor or an Instrument therein shall likewise be reputed an Innovator in the Government and a Capital enemie to the Kingdom and Common-wealth 3. If any Merchant or other person whatsoever shall voluntarily yield or pay the said Subsedie of Tonnage or Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an enemie to the same THE KINGS SPEECH in the House of PARLIAMENT Mar. 10. 1628. to Dissolve it My LORDS I Never came here upon so unpleasing occasion it being for the Dissolving of a PARLIAMENT therefore many may wonder why I did not rather choose to do this by my Commission it being the general Maxim of Kings to lay harsh commands by their Ministers themselves onely executing pleasing things But considering that Justice is as well in Commanding of Virtue as Punishing of Vice I thought it necessarie to come here to day to declare to you my Lords and all the world That it was onely the disobedient carriage of the Lower House that hath caused this Dissolution at this time and that you My Lords are so far from being causers of it that I have as much comfort in your Obedience manifested by all your carriage towards me as I have cause to distaste their proceedings Yet that I may be clearly understood I must needs say they do mistake me wondrously that think I lay this fault equally on all the Lower House for I know there are many there as dutifull Loyal Subjects as any are in the world I know that it was onely some Viâ—pers among them that did cast this mist of disobedience before their eyes although there were some there that could not be infected with this Contagion insomuch that some by their speaking which indeed was the general fault on the last day of the House did shew their obedience To conclude my Lords as those ill-affected persons must look for their reward so you that are here of the Higher House may justly claim from me that protection and favour that a good King bears to his Loyal and Faithfull Subjects and Nobilitie Now my Lords execute that which I Command you Lord KEEPER MY Lords and Gentlemen of the House of Commons the KINGS Majestie
doth Dissolve this Parliament wherefore you have all free leave to depart to your Residences c. His MAIESTIES Letter with Queres concerning Ship-money and the Answer thereunto To Our trustie and welbeloved Sir Iohn Bramston Knight Chief Justices of our Bench Sir Iohn Finch Knight Chief Justice of our Court of Common-pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Judges of Our Courts of Kings Bench Common-pleas and the Barons of our Court of Exchequer CHARLES R. TRustie and welbeloved We greet you well Taking into Our Princely consideration that the Honor and Safetie of this our Realm of England the preservation whereof is onely intrusted to Our care was and is now more dearly concerned than in late former times as well by diverse Counsels and attempts to take from Us the Dominion of the Seas of which We are sole Lord and rightfull Owner or Propriator and the loss whereof would be of greatest danger and peril to this Kingdom and other our Dominions and many other wayes We for the avoiding of these and the like dangers well weighing with Our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for preventing so publick a mischief resolve with Our self to have a Royal Navie provided that might be of force and power with Almightie Gods blessing and assistance to protect and defend this our Realm and our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under Our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales Commanding thereby all Our said Subjects in every Citie Town and Village to provide such a number of Ships well furnished as might serve for this Royal purpose and which might be done with the greatest equallitie that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulness and alacritie which We graciously interpret as a testimonie as well of their dutifull affections to Us and Our service as of the respest they have to the publick which well becometh every good Subject nevertheless finding that some few happily out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased and freed in their particulars how general soever the charge be or ought to be have not yet paid and contributed the several Rates and Assesments that were set upon them foreseeing in our Princely wisdom that from hence diverse Suits and Actions are not unlikely to be commenced and prosecuted in Our several Courts at Westminster We desireous to avoid such inconveniences and out of Our Princely love and affection to all our people being willing to prevent such errors as any of Our loving Subjects may happen to run into have thought fit in a Case of this nature to advise with you Our Iudges who we doubt not are all well studied and informed in the rights of Our Sovereigntie And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Iudgements in the Case as it is set down in the inclosed Paper which will not onely gain time but also be of more Authoritie to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the Second day of Febr. in the Twelfth Year of our Reign 1636. CHARLES R. WHen the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Whether may not the KING by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as he shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the KING the sole Judge both of the danger and when and how the same is to be prevented and avoided CHARLES REX Answer MAy it please Your most excellent Majestie We have according to Your Majesties Command severally every man by himself and all of us together taken into serious consideration the Case and Questions signed by your Majestie and inclosed in your Royal Letter and we are of opinion that when the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Your Majestie may by Writ under the Great Seal of England Command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as Your Majestie shall think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law Your Majestie may compel the doing thereof in Case of refusal or refractoriness And we are also of opinion That in such Case Your Majestie is the sole Iudge both of the danger and when and how the same is to be prevented and avoided John Bramston John Finch Humfrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston FINIS