do desire and are ready to become Bayl for the said Fr. Jenkes according to the course of the Chancery and according to the Law The Petitioners therefore pray That your Lordship would accept of Bayl accordingly and that thereupon your Lordship would order a Writ to be made forthwith to be directed to the Keeper of the Gate-house for the discharg of the said Fr. Jenkes And your Petitioners shall always pray c. The petition being sent in to and read by his Lordship was returned by the Secretary with this answer That his â—ordship did very well approve of the 〈…〉 but since Mr. 〈…〉 commited by the Council Pâ—â—â—â— he thought fit 〈…〉 Petitioned 〈◊〉 should Bayl him But Mr. Jenkes friends not being satisfied with that answer pressed to speak to his Lordship and were by his Lordships order called in who comming towards them spake to this effect Lord Chief Justice Who Is' t that puts you upon these improper methods Counsel We presume this addresse to your Lordship to be a proper course in our case and is such as we have prsident for Lord Chief Justice Are you a Lawyer Counsel Yes my Lord. Lord Chief Justice Have you read Fitzheberts Brevium Look in his Writ de homine replegiando Counsel We have nothing to do with that Writ but it is by Fitzherbert that we are directed to this course in his Chapter of Mainprise where he saith what is before Citied and we are confirmed in his opinion by ampltiude of Presidents out of the close Rolls in the Tower I have the Copy of one here and the number and Roll of many more The president shown to his Lordship was this Ex Rol. claus de Anno Regni Regis Ed. 3. xi parte prima membra 28. Rex Senescallo Marescallo Hospitij nostri De deliberand Ricâ— Monyvvord a prisona salutem Cum Rich Monyvvord in prisona Mariscallcae nostiae per preceptum nostium pro quibusdam transgressionibus contemptibus nobis factis ut dicitur detentus existat sub custodia Jamtoris nostri ac Williel Stury Chivaleir Tho. Pride de Comitat. Salop Oliverius de Burdeaux de Com. Berkes Andreus Aubray Johannes Pisselan Petrus Fan de London coram nobis in Cancellaria no stra personaliter Constituti manuceperunt predictum Richard viz. qui libet corum corpus pro corpore habere coram nobis vel Justitiariis nostris aut Conscilio nostro quandocunque ubicun que volucrimus ad mandatum nostrum ad stand rect de transgressionibus contâ—mptibus aliis excessibus quibuscunque unde indictatus vel rettatus est quod bene fideliter erga nos Populum nostrum de cetero se geret vobis mandamus quod prefatum Ricard a Priâ—ona praedicta si ea occasione non alia detineatur in eadem deliber ari faciatis per manucaptionem supradictam Teste Rege apud Westmonast decimo nono die Martij P. istm Regem Convenit cuÌ„ Recardo Laur. Halsted Deput Algernon May Militis The Note of the Number and Roll of several Writs of Mainprise upon Surety put into Chancery shewn to his Lordship was this II. Ed. 3. pt 1. To the Constable of the Tower to Deliver John Brice II. Ed. 3. pt 1. mem 29. To the Constable of â—he Tower to deliver Bernard Pouch II. Ed. 3. pt 1. mem 28 To the Constable of the Tower to deliver Henry Compton Teste 26 Martij Eodem Rot. 23. To the â—onstable of the Tâ—wer to deliver John de Wesenham Teste 18 Aprilis 4â— Ed 3. pt 1. mem 6. Custod Forest For delivery of several persons committed for Hunting in Forests Since the Stat. 28 Ed. 3. Cap. 9. Eodem Rot. mem 10. The like Teste 20 Aug. Eodem Rot. mem 17. The like â—odem Rot. mem 25 The 〈◊〉 Will. de Clark 3. Rich. 2. mem 3. To the Sheriff of London to deliver Nich. de Svvederton Joh. Deye Teste 5. Decemb. Eodem Rot. mem 22. To the Justices of North Wales 〈◊〉 deliver Lloyd Lord Chancellour One President of discretion is worth a thousand of these Presidents His Lordship read the President and observing it to bear Teste the 19th day of March which could never be in Term asked When it was returnable And said It must be returnable in some Court at Westminster Counsel This President hath no Return neither doth the Nature of the Writ in this Case require one for it is only a Mandate to the Goaler to set him at Liberty upon Surcties first taken in Chancery for his appearance before the Justices which Justices and the time of his appearance I suppose are to be named in the Recognizance Lord Chancellour Whether there ought to be a Return is the Question Besides this is a Writ directed immediately to the Marshal of the Houshold and is a disserent Case Counsel With submission to your Lordship it makes no disserence who is the Goaler and those I have given your Lordship the Number and Roll of are to several Goalers Then Fitzharberts Nat. Brevium was shown to his Lordship and upon reading the words there If a man be Imprisoned by the Kings Commission c. His Lordship said that it was intended of one Imprisoned by virtue of a Commission out of Chancery Counsel I humbly presume that is not the sence of the Book the Presidents I have shewn your Lordship seem to Interpret it and are upon other Comments and Fitzharbert in his Abridgment Tit. Mainprize pl. 23. cites a Book Case that shews this to have been a course in the Chancery but we submit it to your Lordships Judgment Lord Chancellour A little submission in a proper Place will do but he hath a mind to come out with a high hand Counsel He has a mind to be discharged by 〈…〉 Warrant for his Commitment directs Lord Chancellour I am not to controll any Act oâ— the Privy Council Counsel At the last motion for a Habeas Corpus your Lordship was pleased to say That though that was not a proper method for Mr. Jenkes to obtain his Liberty by yeâ— there was one and upon that encouragement from your Lordship search has been made and this Course we have now taken found to have been the antient Course and we did presume the same that your Lordship meant Lord Chancellour You have used a great deal of industry to miss the right way Your Presidents of Edward the 3d. and Richard the second since three hundred year old I 'll consider off till next Term. Upon which Answer Mr. Jenkes his Friends withdrew Now the plenty of Presidents proved as great a fault as want of them did before and their Age which uses to add to their Authority and give them a greater respect made them contemned Such alwayes is the Success where Stat pro Ratione Voluntas In the Afternoon the Secretary that first carryed in the Petition came to Mr. Jenkes in a dissembled confusion and told him that he had
THE CASE OF Mr. FRANCIS JENKES BRING An Impartial Relation of his Imprisonment in the Gate-House with the Occasion of it and the Means used for his Enlargment AMSTERDAM Printed in the Year 1677. THE CASE OF Mr. FRANCIS JENKES c. M R. Jenkes having been a Trader for many years and observing the daily decay of Trade in the City occasioned by such mischiefs as lay not in the industry of its Inhabitants but only in the power of the Government to redress and that did require a more speedy redress than a Parliament Prorogued for 15 Months could afford after having in vain solicited the Lord Mayor for a Common-Council that might consider of a Petition about Trade out of a hearty zeal for the good of the City as well as encouraged by the consent and desire of many sober City-zens the Liberty reserved to the Lord Mayor Aldermen and Common-Council by the Statute of the 13th of this King concerning Petitions the Votes of a majority of the Temporal Lords at the last Session together with the unanswerable Reasons given in their Protestation did at the Folk-moot or Common-Hall holden the 24th of June last past in the Guild-hall of London thus diver himself Mr. Common Sergeant IT seems a vain thing for this Court to be serious about the choice of Magistrates and Officers for the well Government of this City except they first take care to remedy those many Mischiefs and Grievances which the City now groans under and which seem so to threaten the ruine and destruction of the whole that if there be not some speedy redress there will be little need of Magistrates and Officers for there will be no City or People left here to be Governed London has once already been burned to ashes and firing is now become such a Trade that not only London the Burrough of Southvâ—ark and the places adjoyning but all the Cities Burroughs Towns Corporate and places of principal Trade throughout the whole Kingdom are perpetually in danger so that no rational or considerate man amongst us can promise himself his Wife his Children or Estate one nights security but they may all be devoured in the consuming flames except some speedy and effectual course be taken But this is not all For were our Houses secure from fire yet such is the general decay of Trade as if not remedied must unavoidably bring the whole City to poverty and ruin and it is conceived that this is very much occasioned by the French who have laid such great Impositions upon our Woollen Cloth Stuffs and other Manufactures that we have almost lost our Trade with France they have spoild our Trade with Holland Flanders and Germany by a destructive War They have ruined our Trade at home and beggared many thousands of our honest and industrious VVeavers and other English Manufactors and Traders by the vast quantity of their silks and other unnecessary Commodities imported hither so that upon an exact ballance of the Trade between us and them taken it has been demonstrated that this City and Kingdom doth lose Eleven hundred thousand pounds every year By means whereof they who in Queen Elizabeths time might not be suffered to build Men of VVar are now grown so powerful at Sea as to be able to beat both Dutch and Spaniard and have made themselves in a manner sole Masters of the Mediterranean Sea And they are grown so â—â—esumptuous as daily to injure and affront our English Merchants and sometimes in his Majesties own Ports Their Privateers daily take our Merchants Ships plunder others strip imprison and torment our Seamen to the great discouragement of our English Navigation and almost ruine of the Merchant I shall instance but in one thing more but that is worse than all the rest That is the just apprehension that is upon the minds of good men of danger to his Majesties Person and the Protostant Religion I had not spoken this at this time and place but having the honour to serve this City in Common Council I have endeavoured at several times to bring these things before that Court but could not In the end of the last Common-Council I did desire my Lord Mayor that a Common Council might speedily be held to hear and consider of a Petition about Trade subscribed by a great number of Citizens of good quality and his Lordship did then promise that a Common-Council should speedily be held But it is a good time since and there have been many Fires and Losses but no Common-Council VVherefore me-thinks it doth become the wisdom and gravity of this Court not to admit of any longer delay in a matter wherein their All is concern'd And I do humbly move and I conceive it is not only my sense but the sense of the far greater part of this Court that some Members of this Court may accompany the Sheriffs and Mr Common Sergeant before we proceed to any other matter to wait upon my Lord Mayor and the Court of Aldermen to desire that a Common-Council might speedily be held humbly to Petition his Majesty That for the quieting and satisfying the mindes of his liege People and for remedy of the many mischiefs and grievances we now groan under He would gratiously be pleased according to the Statutes of the 4th and 36th of Edvv. 3. timely to Call a Nevv Parliament Scarcely were the words A Nevv Parliament pronounced but the greatest part of the Assembly cryed out Well moved Well moved And though none spake up formally to the Sheriffs yet several amongst them spake enough to shew a high approbation of what had been said and not one word was spoken in contradiction which when the Common Sergeant saw to prevent as is conceived others speaking to the same matter he spake to this purpose That what had been moved seemed to be the general sence of the whole Court and since the Gentleman that made the motion was pleased to joyn him with the Sheriffs and that he must offer his opinion in the matter It was this That it was not so proper to carry up that message before they did proceed to their Elections as first to determine their Election and then carry up an account of these and that together But many in the Court did insist upon the motion and desired a message might be sent up immediately Whereupon one of the Sheriffs spake and did acknowledge That what had been said by the Gentleman that spake first was true but that he was an Old Citizen and had long known Common Halls and he did believe that the proper Work of the Day was the Election of Officers and therefore he did desire that the Court would proceed and not to carry up the Message till after that was done To which one replyed That according to his utmost understanding that Court was one of the antientest greatest and most powerfull Courts of the City and although the customary business of this day were the choice of Officers yet that Court had
cognizance of any thing whatever that did relate to the good of the City and therefore it was conceived that nothing was more proper at that time than this which concerned the preservation of the City from utter ruine Upon which the other Sheriff directing his discourse to the Assembly said That what the Gentleman had moved there was true and not unknown to most of the persons there present but that he was of his Brothers opinion 〈◊〉 it was fit first to go on to the work of the day and not to carry up that message till after the Election Many persons being still dissatisfied and calling for a present message to be sent up the Gentleman who first moved the business made it his request that since there seemed a difference touching the circumstance of time that they would proceed to Election and carry up the Message with the persons Elected as the Sheriffs desired to which the common Hall unanimously agreed Upon which silence being made the common Hall proceeded to election of Sheriffs and made their Election and sent up an account thereof to the Lord Mayor and Aldermen by the Sheriffs and common Sergeant as is usual in such cases The Lord Mayor and Aldermen presently came down and took their seats in the Court of Hustings according to custom upon which the common Sergeant came forth to the front of the Court and declared the Names of the persons Elected and immediately gave back Thereupon the common Hall called out for an Answer to their Message upon which the common Sergeant steping forward again in the presence of the Lord Mayor Aldermen and Sheriffs said That he had acquainted his Lordship and the Aldermen with their request and that his Lordship had commanded him to declare unto them that he would be ready to joyn with them in that or any other thing for the good of the City And with that the Lord Mayor and Aldermen c. left the Court of Hustings and dismissed the Assembly After Dinner the grave Recorder Sir John Hovvel out of a great pretence of Loyalty but indeed a personal Grudge against Mr. Jenkes conveyed the news to White Hall where with his usual strain of Retorick he made such a dismal representation of the matter and was so powerful in his Eloquence as to occasion both the Sheriffs and some other of the City Officers to be sent 〈◊〉 who were examined by tâ—â— Lord Châ—â— Justice Rainsford in the presence of the King the Lord Chancellour the Lord Treasurer Duke Lauderdale and other Lord. The Sheriffs 〈◊〉 others made Affidavits but a Copy of them could never be obtained Upon the 〈…〉 Mr. Jenkes was summoned by a Messenger to appear at the Council Board the next day Accompanied with many of his Friends he attended in the Lobby near the Council Chamber according to his summons and after some time was called in but his Friends pressing to follow him as is usual on such occasions were kept out and not one suffered to go in with him The King sitting in Council the Lord Chancellour D. Lauderdale and other Lords about him The Clerk read an Affidavit made by the two Sheriffs the common Cryer and one John Green an Attorney the Substance whereof was That Fr. Jenkes at a Common Hall in London the 24th of June last past did complain of Grievances an did desire that before they vvent upon any other business certain Members of that Court might accompany the Sheriffs and the Common-Sergeant to vvait upon the Lord Mayor then in the Chamber to desire that a Common-Council might be called to Petition his Majesty in the Name of the City to Call a New Parliament The Affidavit being read the Council Board proceeded to this effect Lord Chancellour Sir What say you to this matter Mr. Jenkes I desire to know if this be all you have to charge against me A Lord. Then you make little of this You will find it to be enough Lord Chancellour Sir Did you move for a Common-Council to Petition for a Nevv Parliament Mr. Jenkes Is it any Crime to Petition for a Nevv Pâ—rliament 〈◊〉 which his â—â—â—â—ship not thinking fit to give any 〈◊〉 proceeded Lord â—â—â—â—â—llour Answer to the matter in charge Mr Jenkes Wâ—â—â— the liberty of his Majesty and this â—oard I will The King Goâ— Mr Jenkes May it please your Majesty Of all the Subjects you have A Lord interrupting him Answer to the matter Mr. Jenkes If his Majesty will be pleased to hear me I hope you will The King Let him go on Mr. Jenkes May it please your Majesty Of all the Subjects you have none are more Loyal than your City of London and in the City none more loyal than my self and no man there did more desire and in my circumstances act more in order to your Majesties Restauration than my self And I do desy any Citizen or other whomsoever to say I have forfeited my loyalty by any one individial act The King interrupting him Sir you are not Lord Mayor and I am very well satisfied with the loyalty of the City and that it needs no such Vouchers Lord Chanâ—â—llour Speak to the matter Mr. Jenkes May it please your Majesty Being summoned to a Court of Common Hall in London which is a Court that consists of the main Body of the City Lord Chancellour interruping him Sir you are under a double mistake for first it was not a Court and next it did not consist of the main Body of the City of London Mr. Jenkes With your Lordships leave it was a Court which doth consist of all the Livery of the City of Lâ—â—don which if I understand any thing is the main Body of the City of London And every member of that Court hath freedom to propose and debate any such matter or thing as he believes is for the service of his Majesty and the good of the City and no man can use more understanding than God has given him And I assure your Lordship what I then moved was according to the utmost of my understanding for his Majesties service and the good of the City And my Lord if I were under a mistake I had the fortune to have good Company for what I moved was approved by the whole Court The King It was not so Secretary We have a deposition to the contrary M. Jenkes It was so Other Lords It was not so Mr. Jenkes May it please your Majesty If you have a hundred depositions to the contrary if the matter of fact were so it was so and I do affirm it was approved by the whole Court A Lord. How came you to be a Privy Councellour Mr. Jenkes I never had any such ambitious thought in my head A Lord. How came you then to meddle with matters of State Mr. Jenkes I thought any of his Majesties subjects in an humble manner might Petition his Majesty for a Remedy of any Grievance whatsoever A Lord. Do you think any one may Petition for a Parliament
Mr. Jenkes I believe they may The King I know whose Scholar you are and I 'll take care that none such as you shall have to do with the Government Several Lords What was 't you mov'd What was 't you mov'd M. Jenkes My Lords What I spake was not in a Corner but openly in the faces of a Multitude and therefore cannot want a Witness to attest it A Lord. Just now it was a Court and now it is a Multitude Mr. Jenkes We Citizens pretend not to place our words so exactly inform but that there may besome mistake in them but I think my expression was no great absurdity for though it were a Court yet the Persons there were so numerous that it may not be very improper to term them a Multitude Yet if I have failed in due expression I beg his Majesties pardon I know somewhat of the Customs of the City of London and the Powers and Priviledges of the Courts there and somwhat also of the Laws of England but what the Powers and Customs of this Court are I know not and therefore shall desire to say little lest I should unwillingly offend Lord Chancellour Sir Pray tell us who advised you in this matter The King Who advised you Mr. Jenkes VVhat I then proposed was consented to by the whole Court and so became their Act as I said before Lord Chancellour and Others Answer directly to the Question or declare you will not Mr. Jenkes Since I see your Majesty and the Lords are angry tho I am not sensible that I have given you any just cause for it I must not say I did it without advice lest you should be more angry and to name any particular Person if there were such would be a mean and unworthy thing therefore I desire to be excused all farther answer to such questions since the Law doth provide that no man be put to answer to his own prejudice The King We will take that for an answer Lord Chancellour Since you name the Law by the Law you shall be tryed Mr. Jenkes I thank you and this Board Lord Chancellour You may withdraw He immediately withdrew and the room being cleared of all his friends and other company then the Messenger was kept there for the space of an hour and an half and afâ—â—◠〈…〉 â—â—ing called in any more was by a Warrant of the Council sent to the Prison of the Gate-house within the Liberties of Westminster Soon after his commitment he demanded of the Keeper a Copy of the Warrant by which he was was commited as he might and by Law ought to have The Keeper gave him a promise of it but delaying the performance for two dayes Mr. Jenkes resolutely demanded it of him as his duty but could not yet obtain it Sometime after the Keeper sent him one voluntarily by his man with this excuse That before he had positive order to deny him one and now had to give it him The Copy of the Warrant WHereas it appears to his Majesty in Council by the examination of Sir Thomas Gold Sir John Shorter Knights Sheriffs of the City of London John VVells Common-Gryer of the said City and John Green one of the Attorneys of the Lord Mayors Court taken upon Oath before the Lord chief Justice Raynsford That Francis Jenkes of the said City Linnen-Draper did on the 24th of this instant June at a Common Hall then assembled at the Guild-Hall of tâ—â— said City for choosing Officers for the ensuing Year in a wâ—â— seditious and mutinous manner openly move and stir ' the persons thâ—n present That before they did go on to the choice of nevv Officers vvhich vvas the only occasion of that Assembly they should go to the Lord Mayor and desire him to call a Common-Counsel that might make an address to his Majesty in the Name of the City to call A New Parliament And vvhereas the said Francis Jenkes being novv called in and heard before his Majesty in Council vvas so far from denying or exicâ—â—ating his offence That be did in a presumptuous and arrogant manner endeavour to justify the same These are therefore to command you to take into your custody the Body of the said Francis Jenkes herevvith sent you and him to Keep safely until he shall be delivered by due course of Lavv for vvhich this shall be your Warrant Dated at the Council Chamber in White-Hall this 28th Day of June 1676. To the Keeper of the Gate-House VVestminster or his Deputy Lindsey Peterborow C. Craven G. Carter Lauderdale Northampton Carbery W. Maynerd Tho. Chicheley Danby Anglesey Arlington Bathe J. Williamson R. Carr Finch Ormond Bridgwater Hen. Coventry J. Ernle Robert Sowtwell NExt day being the. 29th of June divers of Mr. Jeâ—kes Friends waited upon Mr. Secretary Williamson and desired to become Bail for him but Mr. Secretary refused to take any Bail but told them if they did mind him of it upon Wednesday morning he would move it at the Council But Mr. Jnkes beleiving that to be as it proved but a delay ordered some of his friends to wait upon the Lords Chiefe Justice Raynsford and moved him for an Habeas Corpus ad Subjiciend Recipiend c. which accordingly was done but his Lordship denied to grant it Alleading no other reason but that it was Vacation though his Lordship could not but know that Writ to be the Subjects Right at all times as well out of Term as in Term and Mr Jenkes friends were ready to offer him multitudes of Presidents when it had been granted out of Term both anciently and since his Majesties Restauration Mr. Jenkes resolving to leave no legall course to attaine his liberty untryed upon Friday the 30th Of June at a General Seal did by his Counsel move the Lord Chancellor for an Habeas Corpus at first his Lordship did seem much surprized and did refuse to hear his Counsel but after a little pause his Lordship bid Mr. Jenkes Counsel to move it again the next Seal and ordered the Seal to be put off from Tvvesday the 4th untill Thursday the 6th of July Upon Wednesday the 5th of July Mr. Jenkes friend waited upon Mr. Secreatary Willamson and desired him according to his promise to move in Councill that Mr. Jenkes might be Bayled but he said he had spoake with the King and could do nothing without a Petition so upon Thursday the sixth of July being a Publick Seale Mr. Jenkes Counsell did again move the Lord Chancellor according to his Lordships order and asserted the Authority of the Lord Cook who is most clear in the Case 2. part Instututes fol. 53. Speaking of the VVrit of Habeas corpus in the Kings Beach 〈…〉 The like Writ is to be granted 〈◊〉 of the Chancery 〈…〉 as in the Kings Bench or in the Vacation 〈◊〉 the Court of Chancery is Officina Justitiae and is ever â—pâ—â—ed and never Adjourned So as the Subject being vvrongfully â—â—prisoned may have justice for the liberty of his person
committed a mistake in returning the Petition That his Lordship had ask'd him for it Note That he return'd it by his Lordships Order and would be very angry with him if he had it not That he had left his Lordship looking over some Papers and taken that opportunity of coming for it and desired that he might have it to preserve him from his Lordships displeasure Tho the Mornings action gave Mr. Jenkes a great deal of reason to suspect the Secretary's tale to be a meer contrivance and easy to surmise the Truth yet he took no notice of what had men passed but sent the Petition which was then in some of his Friends hands that evening to him Upon the second thoughts which his Lordship bestowed upon the matter of the Petition he was better reconciled to it and proved better than his word in considering the Presidents for in stead of pausing on them till the next Term he was pleased to carry them and the Petition to the Privy Council the next â—â—â—â—nesday where tho all the particulars are not known upon â—â—edible Information this was the substance of what passed His Lordship acquainted the Board of the Address that had been made to him and moved that the Petition might be there read After it was read his Lordship told them that it had some appearance of Law and desired that the Attorney General might give his opinion Mr. Attourney told him If it were Law his Lordship ought to grant it if it were not Law then to deny it If it were of such difficulty as he could not satisfy himself That then he should advise with the Judges His Lordship then moved for an Order of Council for his direction in the matter to which some of the Lords reply'd That they were a Court of State and not of Lavv and that it did belong to him as Lord Chancellour to inform them in matters of Lavv. Thereupon his Lordship claping his hands on his breast said I thank God I have Courage enough to serve his Majesty About the latter end of July some of Mr. Jenkes his Friends attended his Lordship again and offered him Bail insisting upon the Writ of Mainprize as the Subjects Right alledging to his Lordship the hazzards that his Health his Family and his Trade were exposed to by his confinement His Lordship asked them why they had not petitioned the King and Council and told them if Mr. Jenkes thought it better to lye in Prison and Complain than Petition and be Bayled he might do as he pleased They told him they had tendred Bayl to Mr. Secretary Williamson who promised them to move the King and Council in it but when they reminded him of it upon the next Council Day he was pleased to excuse himself His Lorshdip told them he never heard they had tendred Bayl but the Writ of Mainprize was forgotten in all his Answers They then told him that the General Report was that the King and Council had referred it to his Lordship but his Lordship would take no notice of that likewise but said the King would advise with the Judges when they came to Town His Lordship with-drew from them and they left word with his Secretary That Mr. Jenkes looked upon himself to be his Lordships Prisoner On the _____ of August Mr. Jenkes's Friends went again to my Lord Chancellours but his Secretary told them his Lordship could not be spoken with They prevailed with his Secretary to go up to him and remind his Lordship of his last Answer of advising with the Judges and tell him that several of the Judges had been in Town and they did now desire his Lordships Resolution The Secretary at his Return told them that as soon as he began to mention the business his Lordship fell into a fit of the Stone but when that was over he would mention it unto him About two hours after they returned and the Secretary being absent another of his Lordships servants came to them and told them that his Lordship was not well and could not be spoken with but had ordered him to tell them That Mr. Jenkes might advise with his Counsel what was fit to be done for he was none of his Counsel and if he would Petition the King and Council he might and that that was his Answer On the 11th of August being the last Council day that was to be before the 3d. of October Mr. Jenkes thought fit again to tender Bayl to the Council and that the Lord Chancellour who disowned all knowledge of his doing so before and the whole Council might know of it he sent this Letter by his Bayl to the Lord Privy Seal then President of the Council which was publickly read My Lord Have been imprisoned since the 28th of June to my 〈◊〉 great losse charge and prejudice of my health I have â—â—â—herto been denyed Bayl Habeas Corpus and the Writ of Mainprise which I am informed were never before denied to any of his Majestys subjects in the like case and this only for moving in a lawfull Court and in a quiet and peacable manner that which I did believe to be for his Majestyes service and the good of the City and Kingdom and the preservation of the Protestant Religion and which I conceive I can make appear to be according to the Laws and Statutes of this Realm if I am publickly called thereto Wherefore I do not beg a discharge for I desire nothing more then to clear my innocence by a publick tryall but since Mr. Murrel and others committed to this prison for matters of a far other nature are daily bayled out my humble request to your Lordship is that you would be pleased to move his Majesty that I as well as any other of his Majestys subjects may enjoy the benefit of the Laws and that the Writ of Mainprise may be granted to me or that my Bayl which now attend may be taken Your Lordship will very much oblige Your Lordships humble-Servant FRANCIS JENKES This Letter was by some improved into a Petition and when they had given it that name tho that was the only thing wanting to please the Lord Chancellour yet it could not procure the acceptance of Bayl but the method proposed by his Lordship proved as ineffectuall as those that were demanded of him The Lord Chancellours resolutions being sufficiently discovered Mr. Jenâ—es friends forbore all farther sollicitation of his Lordship and made fresh application to the Lord Chief Justice Rainssord on August 18th then just returned from the Circuit The time of Sessions at the Old Bailey drawing on They caused two Writs of Habeas Corpus to be made the common course of removing prisoners from one Goal to another one ad deliberandum directed to the Keeper of the Gate-house the other adrecipiendum directed to the Sheriffs of London and desired his Lordship to sign them that Mr. Jenkes might be removed and brought to tryall for that the keeper of the Gate-house not Kalendering any State prisoner as he called him at the Sessions for Westminster he might lye there all his life time without triall which no Subject ought to do His Lordship excused himself upon his late return to Town which had not yet afforded him leisure to advise and sent them to the Attorney Generall to know whether he were ready for a Tryal before he would give them any answer Mr. Attorney upon their coming to him very worthily told them that he had no order in it but that he would not oppose the granting of those Writs adding God forbid but that the Law should have its due course They returned to the Lord Chief Justice with this answer and offered to make Oath that it was Mr. Attorneyes answer but he would give credit to nothing but a note under Mr. Attorneys own hand They told him it was hard that a man shouldly in prison who was willing to bring himself upon tryall that Writts of this nature were every day granted and did presume could not reasonably be denyed His Lordship answerd he would know whether â—r Attorney were ready for a 〈◊〉 â—hey replyed that â—â—â—y did not know when Mr. Attourney would be ready and 〈◊〉 Mr. Jenkes must stay for his Tryal till then they then moâ—â—ed his Lordship as they had done formerly that he would â—rant a Habeas Corpus to bring him before his Lordship and â—hat he would accept of substantial Citizens for Bayl who should render him whensoever Mr. Attorney should call for him alledging that such Writs had been frequently granted by the Lord Chief Justice Keeling and one of the now Justices of the Kings Bench. His Lordship returned that he did not doubt the Security they should offer him but he had never granted such a Writ and he knew not upon what Authority others had done it and in short refused to grant either that or the other Writs After all these Denials of Right Mr. Jenkes resolved to sit still with the satisfaction that his ill success was not imputable to the Injustice of his Cause but to the Pleasure or Fear of those that had the Power of making it otherwise and with patience to expect till the Term should set open the Prison doors which will not brook the denial of a Habeas Corpus tho a long Vacation must No further Address was therefore made to either of their Lordships but themselves after they had taken the pleasure of denying him were pleased to condescend to Intercede for him For as we received by very credible information the Lord Chief Justice went to the Lord Chancellour and told him that the Writs demanded of â—iâ— were according to Law and could not be denyed and that he had only taken time till he had acquainted his Lordship with it The Lord Chancellour directed him to the Lord Treasurer for further advice who sent him to the King As soon as his Mâ—jesty understood that what was demanded was the Subjects Right he immediately commanded that the Laws should have their due Course which their Lordships had stop'd