moderation in either party matters not being then heightened with such mutuall animosities as since we have beheld Yea it seems that the sins of our Nation began even then to cry so loud that the two Parties in Parliament could not distinctly hear each other so as effectually to understand one another disturbed by the clamorous and obstreperous noise of English wickednesse which began to cry aloud for vengeance on a wanton nation even to the abrupt breaking off of the Parliament VVe have had no other design in the edition hereof then the generall good hoping that Readers of all sorts may gain benefit thereby Yea such young folk whose short capacities as yet are unable to reach the policie and State part in these pieces may better themselves by the very language and expressions therein Here may they observe the variety of eloquence in severall persons some large copious and exuberant yet not flashy empty and dilute some concise piccant and sententious yet not involved dark and obscure some participating of both which in my apprehension is the best kind of Orations However let not any think that all the Gentlemen of able parts assembled in the Parliament are registred in this book by their particular service to their Countrey seeing only such are entred herein who made set studied and premeditated Orations Many Worthies there were in that place who only were dexterous at short and quick returnes and which retrieved long debates with some short and compendious answer very effectuall to the purpose For sometimes a Stilletto blow may give a more deep and deadly wound then the point and edge of the sharpest Sword which requireth more time and room for the managing thereof Yea many a discreet gentleman who after long traversing of matters judiciously bestowed his Yea or Nay in the right scale thereof to weigh the balance down when in Aequilibrio of matters of high importance though otherwise not haranguing it in large discourses might return to his countrey with satisfaction to his conscience that he had well deserved thereof VVe are confident also that the Students of the Law may advantage themselves by severall Cases here largely reported And here all care hath been used in comparing Records herein cited with the Originalls though we dare not avouch it clear from all mistakes the greatest industry and exactnesse being subject to fallibilitie herein VVe have seen the Reports of late Iudges in print and could point at Erratas therein which we speak not to accuse them but excuse our selves if some faults be found in our quotations As for the Gentlemen whose speeches are herein related they are either dead or still surviving For the former we hope we have no cause to ask pardon of their memories and fear not their ghosts disquieting us for offering any injury unto them or that we shall fall into the disfavour of their Heires for misrepresenting any thing for their fathers disadvantage As for such who are still alive we appeal unto them making them the Judges of our integrity herein True it is that the dragge-net of no diligence can be of that capacity nor can it be so advantagiously cast as to catch and hold all particulars uttered in a long speech Minums will get through the holes thereof and there be those minutiae in a speech which will escape the attention of the quickest eare and transcription of the speediest hand But such things are lost without any losse as to the essentials of the matter and here all things of concernment are faithfully represented And may the Reader be pleased to take notice that this Book is no Monochord or Instrument of a single string no nor is it a single Instrument but the exact result of many collections We have compared varias lectiones or rather varias auditiones the copies as they have been taken by severall Auditours Sometimes one copie charitably relieved another nor was it long before the defect of the same copie were supplied out of that other transcription Thus neither is there being for Books nor living for men in this world without being mutually beholding one to another he who lends to day may be glad to borrow to morrow One thing let me mind the Reader that it may move him to a publick and communicative Spirit not enviously to engrosse to himself what may do good to others Some Gentlemen Speakers in this Parliament imparted their Speeches to their intimate Friends the transcripts whereof were multiplied amongst others the penne being very procreative of issue in this nature and since it hath happened that the Gentlemens Originalls have in these troublesome times miscarried yet so that the fountain as I may say being dried up hath fetch 't this water from the channell they have again supplied their losses from those to whom they civilly communicated a copy of their paines Thus none are loosers in fine by making others sharers in their endeavours And now give me leave to say that the History of the Parliament represented in this Book is fundamentall to the History of our Times and what valiant penne soever dare undertake the writing thereof it must lay its ground-work and take its rise from this Parliament Herein were vertually contained the seeds of all those troubles which since the heat of anger hath ripened to the full height and breadth thereof For what is said of Rebeckah that Twinnes were in her bowels which made their Mothers wombe the field of their fight wherein their unborn Infancy gave an Essay of that Antipathy which would be continued betwixt them when arrived at riper yeares the same was true here where the opposition betwixt two parties was begun with much violence and impetuousnesse Yet let not the similitude be uncharitably improved beyond my intent as fixing the odious character of Esau on either of them who hope and believe that both of them might be Iacobs at the first propounding plain pious and peaceable ends unto themselves Yea this may say to ensuing Parliaments as Aeneas in the Poet to his sonne Disce puer virtutem ex me verumque laborem Fortunam ex aliis Nor can any true Patriot ever desire that men more honourable more knowing and able in all faculties of policie law and generall learning I may adde also more loving to or beloved of their Countreys ever should meet in Parliament who hence may take their pattern of many worthy and excellent vertues in Statists But oh let them farre exceed this in happinesse the abrupt end whereof was the beginning of all our miseries T. F. A TABLE of the severall Speeches Cases Arguments of Law and other passages contained in the first Session of the Parliament begun March 17. 1627. THe Kings Speech that day pag. first The Lord Keeper Coventryes speech the same day p. 3 The speaker Sir Iohn Finches speech March 19. pag. 7 The Lord Keeper Coventryes reply pag. 8 The Speaker Sir Iohn Finches reply pag. 9 The Lord Keeper Coventryes second reply pag.
made fully to the maintenance of their resolution and that there was not one example or president of a Remittitur in any kinde upon this point before that of Cesars Case which is before cleared with the rest and is but of late time and of no moment against the resolution of the house of Commons And thus for so much as concerned the presidents of Record the first day of the conference desired by the Lords ended The next day they desired another conference which the house of Commons at which it pleased the Committee of both houses to hear M â— Attâ—rney again to make what Objection he would against other parts of the Arguments formerly delivered by the house of Commons He then Objected against the Acts of Parliament and against the reasons of Law and his Objections to these parts were answered as appears in the answers by order given into the house of Commons by the gentlemen that made them He Objected also upon the second day against that second kinde of presidents which are resolutions of Judges in former times and not of Records and brought also some other Testimonies of opinions of Judges in former times touching this point First for that resolution of all the Judges in England in 34. of Queen Eliz. mentioned and read in the Arguments made at the first conference he said That it was directly against the resolution of the House of Commons and observed the words of it to be in one place that Persons so committed by the King or the Councel may not be delivered by any of the Courts c. and in another that if the Cause were expressed either in generality or speciality it was sufficient and he said that the expressing of a cause in generality was to shew the Kings or Councels Command And to this purpose he read the whole words of that reâ—olution of the Judges Then he Objected also that in a report of one Ruswells Case in the Kings-bench in the 13. Iac. he found that the opinion of some Judges of that Court S r. Edward Coke being then Chief Justice and one of them was that a Prisoner committed per mandatum Domini Regis or privati Consilii without cause shewed and so returned could not be bayled because it might be matter of State or Arcanuâ— Imperii for which he stood committed And to this alâ—o he added an opinion that he found in a Journal of the House of Commons of the 13. Iac. wherein S r. Edward Coke speaking to a Bill preferred for the explanation of Magna Charta â—ouching imprisonâ—ent said in the House That a Prisoner so committed could not be enlarged by the Law because it might be Matter of State for which he was committed And among these Objectiâ—â—â— of other nature also he spake of the confidence that was shewed iâ— behalf of the House of Commons he said that it was not confidence could add any thing to the determination of the question but if it could that he had as much reason for the other side against the resolution of the House grounding himself upon the force of 〈◊〉 Objections which as he conceived had so weakned the Argument of the Commons House that notwithstanding any thing yet Objected they wereupon clear reason confident of the truth of their first resolution grounded upon so just examination and deliberation taken by them And it was observed to the Lords also that their confidence herein was of another nature and far greater weight then any confidence that could be expressed by M. Attorney or whomsoever elâ—e being of his Majesties Councel learned To which purpose the Lords were desired to take into their Memory the difference beâ—ween â—he present quality of the Gentlemen that â—pakâ— iâ— behalf of the House of Commons and of the Kings learned couâ—cel in their speaking there howsoever accidentally they were 〈…〉 of the same profession For the Kings Councel spake as 〈◊〉 perpetuâ—lly retained by Fee and if they made glosses and 〈…〉 adâ—anâ—agious Interpretations soever for their own part thâ—y did but wâ—aâ— belonged to their place and quality as M r. Attornâ—y had done But the Gentlemen that spake in behalf of the House of Commons came therâ— bound on the one side by the trust reposed in them by their Countrey that sent them and on the other bound also by an Oâ—th taken by every of them before they sit in they House to maintain aâ—d deâ—end the rights and prerogatives of the Crown So that 〈…〉 thâ— poâ—â—â— of confidence alone that of them that spake as â—â—tained Councel by perpetual Fee and might by their place being pâ—râ—itâ—ed to speak say what they would and that of them that spake as bound to nothing but truth but by such a trust and such an Oath were no way to be so compared or Counterpoised as if the one of them were of no more weight then the other And then the Objections before mentioned were also answered For that of the resolution of all the Judges of England in 34. Eliz. It was shewed plainly it agreed with the resolution of the House of Commons For although indeed it might have been expressed with more perspicuity yet the words of it as they are sufficiently shew that the meaning of it is no otherwise To that purpose besides the words of the whole frame of this resolution of the Judges as it is in the Coppy transcribed out of the Lord Chief Justice Andersons book written in his own hand which book was there offered to be shewed also in behalf of the House of Commons It was observed that the Records of the first part of it shew plainly that all the Judges of England then resolved that the Prisoners spoken of in the first part of their resolution were onely Prisoners committed with cause shewed for they onely said they might not be delivered by any of the Courts without due Trial by Law and Judgement of acquital had which shews plainly that they meant that by trial and acquital they might be delivered but it is clear that no trial or acquital can be had where is not some cause laid to their charge for which they ought to stand committed Therefore in that part of the resolution such Prisoners are onely meant as are committed without cause shewed which also the Judges in that resolution expresly thought necessary as appears in the second part of the resolution wherein they have these words If upon Return of the Habeas Corpus the cause of their commitment be certified to the Judges as it ought to be c. by which words they shew plainly that every return of a commitment is insufficient that hath not a cause shewed of it And to that which Mr. Attorney said as if the cause were sufficiently expressed in generality if the Kings Command or the Councels were expressed in it and as if that were meant in the resolution for a sufficient general cause it was answered That it was never heard of in Law that the power or
Person that committed the Prisoner was understood for the Causâ— captionis or Causâ— detentionis but onely the reason why that Power or Person committed the Prisoner as also in common speech if a man ask why and for what cause a man stands committed the answer is not that such a one committed him but his offence or some other cause is understood in the question and is to be shewed in the Answer But to say that such an one committed the Prisoner is an answer to the question who committed him and not why or for what cause he stands committed Then for that of the Coppy of the Report of 13. Iac. shewed forth by M r. Attorney it was answered That the Report it self which had been before seen and perused among many other things at a Committee made by the House was of sleight or no Authority for that it was taken by one that was at that time a young Student onely and was a Reporter in the Kings-bench and there was not any other Report to be found that agreed with it Secondly although the Reports of young Students when they take the words of Judges as they fall from their mouth at the Bench and in the Person and form as they are spoken may be of good credit Yet in this Case there was not one word so reported but in truth there being three Cases a time in the Kings-bench one Ruswell and one Allen and one Saltonstall every of which had something of like nature in it the Student having been present in the Court made up the form of one Report or Case out of all those three in his own words and so put it into his book so that there is not a word in the Report but is framed according to the Students fancie as it is written and nothing is expressed in it as it came from the mouth of the Judges otherwise then his fancie directed him Thirdly there are in the Report plain falshoods of Matter of Fact which are to be attributed either to the Judges or to the Reporter It is most likely by all reason that they proceeded from the Reporters fault but however those Matters of falshood shew sufficiently that the credit of the rest is of slight value for the purpose It is said in the Report that Harecourt being committed by the Councel was bayled in 40. Eliz. upon a privy Seal or a Letter where as there was no such thing in truth And it is said there that no such kinde of Letters are filed there in any case whatsoever That resolution of the Judges in 34. is miscited there and in 36. of Queen Eliz. and it is said there that by that resolution a Prisoner returned to be committed by the command of the Councel might not at all be delivered by the Court whereas no such thing is comprehended in that resolution But that which is of most moment is that howsoever the truth of the report were yet the opinion of the Judges being sudden without any debate had of the case is of fleight moment For in difficult points especially the gravest and most learned men living may on the sudden let fall and that without disparragement to them such opinions as they may well and ought to change upon further enquiry and examination and full debate had before them and mature deliberation taken by them Now plainly in that case of the 13. Iacob there is not so much as pretence of any debate at Bar or Bench. All that is reported to have been is reported as spoken upon the sudden and can any man take such a sudden opinion to be of value against solemne debates and mature deliberation since had of the point and all circumstances belonging to it which have within this half year been so fully examined and searched into that it may well be affirm'd that the learned'st man whatsoever that hath now considered of it hath within that time or might have learned more reason of satisfaction in it then ever before he met with Therefore the sudden opinions of any Judge to the contrary is of no value here Which also is to be said of that opinion obviously delivered in the Commons House 18. Iac. as M r. Attorney objected out of the Journal book of the House But besides neither was the truth of that report of that opinion in the Journal any way acknowledged For it was said in behalf of the House of Commons that their Journals were for matter of order and resolutions of the House of such Authority as that they were as their Records but for any particular Mans opinion noted in any of them it was so far from being of any Authority with them that in truth no particular opinion is at all to be entered in them and that their Clerks offend when ever they do the contrary And to conclude no such opinion whatsover can be sufficient to weaken the clear Law comprehended in these resolutions of the House of Commons grounded upon so many Acts of Parliament so much reason of Common Law and so many Presidents of Record and the resolution of all the Judges of Englaâ—d and against which no Law written not one President not one reason hath been brought that makes any thing to the contrary And thus to this purpose ended the next day of the Conference desired by the Lords and had by a Committee of both Houses The Proceedings against the Earle of SUFFOLK 14. April 1628. MR. Kerton acquainted the House how that the Earle of Suffolk had said to some Gentlemen that M r. Selden had razed a Record and deserved to be hanged for going about to set division betwixt the King and his Subjects And being demanded to whom the words were spoken he was unwilling to name any till by question it was resolved he should nominate him He then named S r. Iohn Strangwaies who was unwilling to speak what he had heard from the Earle but being commanded by the House and resolved by question he confessed That upon Saturday last he being in the Committee Chamber of the Lords the Earle of Suffolk called him unto him and said Sir Iohn will you not hang Selden To whom he said for what The Earle replied By God he hath razed a Record and deserves to be hanged This the House took as a great injury done to the whole House M r. Selden being imployed by them in the conference with the Lords in the great cause concerning the Liberty of the Persons of the Subjects The House presently sent S r. Robert Philips with a message to the Lords to this effect He expressed the great care the Commons had upon all occasions to maintain all mutual respect and correspondency betwixt both Houses Then he informed them of a great injury done by the Earle of Suffolk to the whole house and to M r. Selden a particuler Member thereof who by their Command had been imployed in the late conference with their Lordships That the House was very sensible thereof and
according to former Presidents made them truly acquainted with it and demaunded Justice against the Earle of Suffolk he read the words saying they were spoken to Sir Iohn Strangwayes a Member of their House After a short stay the Lords called for the Messenger to whom the Lord Keeper gave this Answer He signified the great desire and care of their Lordships to maintain and increase the correspondencies betwixt both Houses and as a Testimony thereof they had partly taken into consideration the charge That the Earle of Suffolk being a Man of great place and Honour had voluntarily protested upon his Honour and Soul that there passed no such words as those from him to S r. Iohn Sâ—rangwayes And the Lord Keeper wished that their Lordships speedy proceedings in this business might testifie their love and good will to the Commons House The next day being the 15. of April S r. Iohn Strangwayes made a Protestation openly in the House wherein he avowed that notwithstanding the Earls denial he did speak those words positively unto him and would maintain it any way fitting a Member of that House or a Gentleman of Honour They ordered that this Protestation should be entered into the Journal book and that a Committee should take into consideration what was fit for the House to proceed to for the justification of S r. Iohn Strangwayes and what was fitting to be done in this case and to examine Witness of the proof of the words Upon the 17. day S r. Iohn Elliot reported what the Committee had done That they had sent for and examined S r. Christopher Nevill who related that upon Saturday being in the Lords Committee Chamber the Earle of Suffolk said thus to him M r. Attorney hath cleared the business and hath made the cause plain on the Kings side and further said M r. Selden hath razed a Record and hath deserved to be hanged and the Lower House should do well to joyn with the Higher in a Petition to the King to hang him and added as a reason For M r. Selden went about and took a course to divide the King from his people or words to that effect And being asked whether he conceived that those words of dividing the King from his people had relation to the whole and general action of M r. Selden before the Lords or to the particuler of razing a Record he conceived they were referred to the general action They had examined one M r. Littleton who confessed he heard the Earle of Suffolk speak to a Gentleman whom he knew not words to this affect viz. That he would not be in M r. Seldens Coat for 10000 l. and that M r. Selden deserved to be hanged The second part of this Report concerned the Particuler of S r. Iohn Strangwayes wherein though the Committee found no Witness to prove the words spoken to S r. Iohn Srangwayes yet there were many circumstances which perswaded them of the truth thereof 1. That the same words in the same syllables were spoken to S r. Christopher Nevill and that the Earle as he called to him S r. Iohn Strangwayes so he called to him S r. Christopher Nevill 2. That the Earle of Suffolk called S r. Iohn Strangwayes to him and spake to him was proved by S r. George Fane and S r. Alexander S â— Iohn at which time the Earle seemed full of that which he delivered 3. That S r. Iohn Strangwayes instantly after his discourse with the Earle of Suffolk went to the Earle of Hartford and delivered him the passages betwixt them being the same related in the house 4. From the unwillingness of S r. Iohn Strangwayes though called upon by the House to testifie against the Earle till it was resolved by question he should do it from a probabillity that had not these words been spoken to himself it is like he would have produced S r. Christopher Nevill from whom he also heard the same 5. From the worth of the Gentleman and his ingenious protestation in the House That he was ready to justifie the truth of what he said in any course the House should thinck meet or was fit for a Gentleman of Honour Hereupon the House resolved by question 1. That the Earle of Suffolk notwithstanding his denial had laid a most unjust and scandalous imputation upon M r. Selden a Member of the House being imployed in the service of the House and therein upon the whole House of Commons 2. That this House upon due examination is fully satisfied that S r. Iohn Strangwayes notwithstanding the Earle of Suffolks denial hath affirmed nothing but what is most true and certain 3. That these particulers and additions be again presented to the Lords and the Earle of Suffolk newly charged at the Bar and the Lords desired to proceed in Justice against the Earle and to inflict such punishment upon him as an offence of so high a nature being against the House of Commons doth deserve S r. Iohn Elliot was partly sent with the Message to the Lords who after a while returned this answer That they had taken the Message into consideration and would further take it into due consultation and in convenient time would return an answer by Messengers of their own Several Speeches made at the debates concerning the KINGS Propositions for supply M r. ALFORD THat to answer punctually to every Article was but to discover the Kings wants which is neither safe nor fit as the world now goes nor is it good for him to ask more then we can give nor for us to offer disproportionably withall it might draw to a president for the Subjects to make and maintain Wars S r. ROBERT MAUNSELL IT had been much better for us to have taken care for these proviâ—â—â— 3. years since His desire is not to have the Commons over-burthened That 7. of these Propositions are not to be neglected viz. The safe guarding of the Coasts The defence of the Elve The defence of 〈◊〉 The increasing of the Navy The repairing of the Foâ—â—â— The discharge of the Arrears of Merchants ships and the defence of the King of Denmark the other to be delayed to our next meeting at Michalâ—as S r. FRANCIS SEYMOUR THat as supply is deâ—ired so are we met for that purpose but if by those late courses we be disabled then he is not to expect it from us our greatest grievances being his Majesties pressing wants two subsedies formerly given and five forcibly and unadvisedly taken are great motives not to be too forward That we have too haâ—tily drawn two great Enemies upon us and all this done by men of small or no judgement S r. PETER HAYMAN THat vast Propositions are delivered to us in shew which he desires he may give an Estimate of that first brought them in M r. PYMM. THat in no Case it is â—â—t to examine the Prâ—positions especially of the Arrâ—arages of the Merchant ships and for preparation of the forreign Wars Secretary COKE THat three things
in Chambers but publick in Court where every one may hear which causeth Judgement to be given with maturity Your Lordships have heard the particulers delivered by my brethren how that Councel being assigned to those 4. Gentlemen in the latter end of Michaelmass Term their Cause received hearing and upon consideration of the Statutes and Records we found some of them to be according to the good old Law of Magna Charta but we thought that they did not come so close to this Case as that bayl should be thereupon presently granted My Lords the Habeas Corpus consisteth of 3. parts the Writ the Return upon the Writ or schedule and the Entry or rule reciting the Habeas Corpus and the Return together with the opinion of the Court either a remittitur or traditur in ballium In this Case a remittitur was granted which we did that we might take better advisement upon the Case and upon the remittitur my Lords they might have had a new Writ the next day and I wish they had because it may be they had seen more and we had been eased of a great labour And my Lords when the Attorney upon the remittitur pressed an Entry we all straitly charged the Clark that he should make no other Entry then such as our Predecessors had usually made in like Cases for the difference my Lords betwixt remittitur and remittitur quousque I could never yet finde any I have now sat in this Court 15. years and I should know something surely if I had gone in a Mill so long dust would cleave to my cloaths I am old and have one foot in the grave therefore I will look to the better part as near as I can But omnia habere in memoria in nullo errare divinum potiùs est quam humanum THE LORD CHIEF IUSTICE SAith he shall not speak with confidence unless he might stand right in the opinion of the House and protested what he spake the day before was not said by him with any purpose to trench upon the Priviledges of this House but out of that respect which by his place he thought he owed to the King he said concerning the point he was to speak of that he would not trouble the Lords with things formerly repeated wherein he concurred with his brethren He said if it were true the King might not commit they had done wrong in not partly delivering for my Lords saith he these Statutes and good Laws being all in force we meant not to trench upon any of them most of them being Commentaries upon Magna Charta but I know not any Statute that goeth so far that the King may not commit Therefore justly we think we delivered the interpretation thereof to that purpose for my Lords Lex terrae is not to be found in this Statute they gave me no example neither was there any Cause shewed in the Return A President my Lords that hath run in a storm doth not much direct us in point of Law and Records are the best Testimonies These Presidents they brought being read we shewed them wherein they were mistaken if we have erred erramus cum Patribus and they can shew no President but that our Predecessors have done as we have done sometimes bayling sometimes remitting sometimes discharging Yet we do never bayl any committed by the King or his Councel 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 acquaninted 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 wrongfâ—ll 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. N o. 9. and another in the same year N o. 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 Angliâ— 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 M r. 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
to shew clearly it shall not be his fault if this be not a happy Parliament His Majesty hath commanded me to desire this House clearly to let him know whether they will rest upon his Royal word and promise made at several times and especially by my Lord Keepers Speech made in his own presence which if they do he doth assure you that it shall be royally and really performed After speaking of himself and the nature of his place under his Majesty he proceeded in these words GIve me leave freely to tell you that I know by experience that by the place I hold under his Majesty if I will discharge the duty of my place and the Oath I have taken to his Majesty I must commit and neither express the cause to the Jaylor nor to the Judges nor to any Councellour in England but to the King himself yet do not think I go without ground fo reason or take this power committed to me to be unlimmitted Yea rather it is to me a charge burthen and danger for if I by this power shall commit the poorest porter if I do it not upon a just cause if it may appear the burthen will fall upon me heavier then the Law can inflict for I shall loose my credit with his Majesty and my place And I beseech you consider whether those that have been in the same place have not committed freely and not any doubt made of it nor any complaint made by the Subject Veneris 2. May 1628. A Report was this day made from the grand Committee for grievances concerning the cause of Nicholas Clegat Cittizen and Vintner of London imprisoned by the Lord Major and Aldermen of the said Citie for refusing to lend a certain summe of money assessed upon him by the Company of Vintners of London whereof he is free towards the proportion of money imposed upon the Company by an Act of Common-Councel of the said Citie in pursuance of a contract of Land with his Majesty By which report it appeared that the said grand Committee had unanimously agreed that the said Citie might make Acts of Councel so as they were consonant to Law and reason and for regulating and deciphering of trade agreeable to reason and the Law of the Realm and might leavy money of the Cittizens by Act of Common-Councel for building or repairing of their Walls Gates or making or cleansing of Sewers or other like causes tending to the general and publick good and welfare of the Citie or towards Triumphs or other like occasions tending to the Honour of the Citie in general but could not by such Act of Common-Councel tax or leavy money towards the purchasing of Lands or other like occasion forreign to the government of the Citie Whereupon it is resolved by the House of Commons super totam materiam that the said Commitment of the said Nicholas Clegat was unlawfull and that a Petition should go from the House to his Majesty for the inlargement of the said Nicholas Clegat his commitment by the Lord Major and Aldermen being since strengthned by special command Henry TOMPSON one of the Shrieffs and Robert HENISVVORTH Alderman of the Citie of YORK their submission for their indirect chusing of S r. Thomas SAVIL Knight I Henry Tompson one of the Shrieffs of the Citie of York do hereby acknowledge to have offended the Lord Major and all the Cominalty of the Citie by the undue pronouncing and return of S r. Thomas Savil Knight to be one of the Cittizens to serve in this Parliament for the said Citie whereas I ought of right to have pronounced and returned in his place M r. Thomas Royle Alderman of the said Citie I am hartily sorry for my said offence and misdemeanour and crave pardon of my Lord Major and all the Cominalty and in particuler of the said Alderman Hoyl for the same I Robert Henisworth Alderman of the Citie of York do acknowledge that I have offended the Lord Major and all the Cominalty of of the said Citie by my undue preparing and practising the election of S r. Thomas Savill Knight to be chosen one of the Cittizens for the said Cittie of York to serve in this present Parliament I am hartily sorry for my said offence and do desire my Lord Major and all the said Cominalty to pardon me for the same Propositions drawn for the defence of this Kingdom and the annoyance of the enemies of the same by Sea THat every Shire in England shall be injoyned on the charge of the Countrey to set forth one Ship well maned and victualled for 7. Moneths and to be of the burthen of 500 300 or 140. Tuns at the least according to the ability of the Shire in the opinion of the State That every Port or Sea-Town according to their abillity be injoyned to do the like London may well furnish 10. Bristol 3. and the rest according to their abillity And such of the Sea-Towns as are not of abillity to set forth Ships of the burthen aforesaid to furnish out Pinnaces of 60 or 80 Tuns for Light-Horsmen or Intelligencers Those Ships will amount to 80. Sail and above and these to be divided into 4. Squadrons adjoyning unto every Squadron one of the Kings Ships for their Admiral The first Squadron to lye off and on the Western Ilands and as â—igh as theiâ— aâ—â—ries for 〈◊〉 men the Caracks and the Plate-Fleet and all other trading that way 〈…〉 The fourth Squadron to keep the Narrow Seas to awe the Dunkerkers to take all the French trade and so Northward and this Squadron to be still relieved with fresh Ships as the other shall grow foul or come to any misfortune so as this Squadron may continually keep the Seas most part of the year That no Master of these Ships be owner or have any part in her that he goeth in Master of for they will be unwilling to bring their Shin in fight or danger and use many tricks and devices especially if there be an ignorant Captain Therefore it is expedient likewise that every Shire should nominate a Captain for the Ship that they furnish out for the avoiding of ignorant and insufficient Captains That in London Pâ—rtsmouth or elsew here where the State shall think fit there be Store-houses appointed for the receipt of such Prizes as shall be taken by any of the 4. Squadrons That every County or Sea-Town that furnisheth the said shipping may nominate and have a Master of their own free election that may have power in the behalf of the Counties and Sea-Towns as the other Officers that shall be appointed for the King for the opening of decks of the Prizes receiving the goods into the said Store-houses and for the divideing and disposing them according That what Prizes any of the 4. Squadrons shall take be brought into one of the Port Towns where those Store-houses are appointed and the benefit of all Prizes what Squadron soever of the 4. sendeth them in be divided the Kings part
and Commission whereby it may be executed I have here in my hand delivered unto me by a Noble Gentleman of that Nation and a worthy Member of this House Sir Francis Stuart To conclude although Christianity and Religion be established generally throughout this Kingdom yet untill it be planted more particularly I shall scarce think this a Christian Common-wealth seeing it hath been moved and stirred in Parliament it will lye heavy upon Parliaments untill it be effected Let us do something for God here of our own and no doubt God will bless our proceedings in this place the better for ever hereafter And for my own part I will never give over solliciting this cause as long as Parliaments and I shall live together CHARLES REX To our trusty and well-beloved the Lords Spiritual and Temporal of the Higher House of PARLIAMENT WE being desirous of nothing more then the advancement of the good peace and prosperity of our people have given leave to free debates of highest points of our Prerogative Royal which in times of our Predecessors Kings and Queens of this Realm were ever restrained as Matters they would not have disputed and in other things we have been willing fairly to condiscend to the desires of our loving Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies with those Messages which heretofore we have sent to the Commons House will well demonstrate to the World and yet we finde it still insisted on that in no case whatsoever should it never so nearly concern Matters of State and government we nor our privy Councel have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service thereby would be destroyed and defeated and the cause alleadged must be such as may be determined by our Judges of our Courts at Westminster in a Legal and Ordinary way of Justice whereas the cause may be such whereof the Judges have no capacity of Judicature or rules of Law to direct or guide their Judgements in cases of that transcendent nature which hapning so often the very intermitting of the constant rules of government for many ages within this Kingdom practised would soon dissolve the very frame and foundation of our Monarchy wherefore as to our Commons we have made propositions which might equally preserve the just Liberty of the Subject So my Lords we have thought good to let you know that without overthrow of our Soveraignty we cannot suffer this power to be impeached But notwithstanding to clear our conscience and just intentions this we publish that it is not in our hearts nor ever will we extend our royal power lent unto us from God beyond the just rule of moderation in any thing which shall be contrary to our Laws and Customes where the safety of our people shall be our onely aim And we do hereby declare our royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain that neither we nor our privy Councel shall or will at any time hereafter commit or command to Prison or otherwise restrain the Person of any for not lending money unto us or for any other cause which in our conscience doth not concern the State the publick good and safety of us and of our people we will not be drawn to pretend any cause which in our Judgements is not or is not expressed which base thought we hope no man will imagine can fall into our royal breast that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or access of our Judges to us readily and really express the cause of their commitment or restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed That in all causes Criminal of ordinary Jurisdiction our Judges shall proceed to the deliverance and baylment of the Prisoner according to the known and ordinary rules of the Laws of this Land and according to the Statutes of Magna Charta and those other six Statutes insisted upon which we do take knowledge stand in force and which we intend not to abrogate against the true intention thereof Thus we have thought fit to signifie unto you the rather for shortning any long delayes of this question the season of the year so far advanced and our great occasions of State not lending us many dayes for long continuance of this Session of Parliament Given under our Signet at our Pallace of Westminster the 12. of May in the fourth year of our Raign The KINGS Message by the Lord Keeper 21. May 1628. HIs Majestie commanded me to signifie to your Lordships that the business concerning your part presented by the Commons to the Lords concerning the Liberty of the Subject wholly depends upon your Lordships and because his affairs are pressing and that he is very suddenly to take a Journey to Portsmouth As also because his Majesty would have the business put in a good forwardness before his going thither his Majestie desires your Lordships this day to proceed to a resolution whether you will joyn with the House of Commons in the Petition or not M r. MASONS speech concerning the Addition propounded by the Lords to be added to the Petition of Right IN our Petition of Right to the Kings Majestie we mentioned the Laws and Statutes by which it appeared that no Tax Loan or the like ought to be levied by the King but by common assent in Parliament That no Freeman ought to be imprisoned but by the Law of the Land That no Freeman ought to be compelled to suffer Souldiers in his house In the Petition we have expressed the breach of these Laws and desire that we may not suffer the like all which we pray as our Rights and Liberties The Lords have proposed an addition to this Petition in these words We humbly present this Petition to your Majestie not onely with a care of our own Liberties but with a due regard to leave intyre that Soveraign power wherewith your Majesty is intrusted for the protection safety and happiness of your people and whether we shall consent unto this addition is the Subject of this dayes discourse And because my Lord Keeper at the last conference declared their Lordships had taken the words of the Petition apart The word leave in a Petition is of the same nature as saving in a grant or Act of Parliament when a Man grants but part of a thing he saves the rest when he Petitions to be restored but to part he leaveth the rest then in the end of our Petition the word leave will imply that something is to be left of that or at least with a Reveâ—â—â—â—â— to what we desire The word entyre is very considerable a Conquerour is bound by no Law but hath power dare leges his will is a Law and although William the Conquerour at first to make
transcendent and boundless The second reason delivered by their Lordships was that the King is Soveraign That as he is Soveraign he hath power and that that Soveraign power is to left for my part I would leave it so as not to mention it but if it should be expressed to be left in this Petition as it is proposed it must admit something to be left in the King of what we pray or at least admit some Soveraign power in his Majestie in these Priviledges which we claim to be our Right which would frustrate our Petition and destroy our Right as I have formerly shewed The third reason given from this addition was that in the statute Articuli super Chartas there is a saving of the right and seigniory of the Crown To which I give these answers That Magna Charta was confirmed above 30 times and a general saving was in none of these Acts of confirmation but in this onely and I see no cause we should follow one ill and not 30 good Presidents and the rather because that saving produced ill effects that are well known That saving was by Acts of Parliament The conclusion of which Act is that in all those Cases the King did will and all those that were at the making of that Ordinance did intend that the Right and Seigniory of the Crown should be saved By which it appears that the saving was not in the Petition of the Commons but added by the King for in the Petition the Kings will is not expressed In that Act the King did grant and depart with to his people divers Rights belonging to his prerogative as in the first Chapter he granted that the people might choose three Men which might have power to hear and determine complaints made against those that offended in any point of Magna Charta though they were the Kings officers and to fine and ransome them and in the 8. 12. and 19. Chapter of that Statute the King departed with other prerogatives and therefore there might be some reason of the adding of that Soveraign by the Kings Councel But in this Petition we desire nothing of the Kings Prerogative but pray the enjoying of our propper and undoubted Rights and Priviledges and therefore there is no cause to add any words which may imply a saving of that which concerns not the matter in the Petition The 4. reason given by their Lordships was that by the mouth of our Speaker we have this Parliament declared that it was far from our intention to incroach upon his Majesties Prerogative and that therefore it could not prejudice us to mention the same resolution in an addition to this Petition To which I answer that that declaration was a general answer to a Message from his Majestie to us by which his Majestie expressed that he would not have his Prerogative streitned by any new explanation of Magna Charta or the rest of the Statutes and therefore that expression of our Speakers was then propper to make it have reference to this Petition there being nothing therein conteined but particuler Rights of the Subject and nothing at all concerning his Majesties Prerogative Secondly that answer was to give his Majectie satisfaction of all our proceedings in general and no man can assign any particuler in which we have broken it and this Petition justifies it self that in it we have not offended against the protestation and I know no reason but that this declaration should be added to all our Laws we shall agree on this Parliament as well as to this Petition The last reason given was that we have varied in our Petition from the words of Magna Charta and therefore it was well necessary that a saving should be added to the Petition I answer that in the Statute 5. E. 3. 25. E. 3. 28. E. 3. and other Statutes with which Magna Charta is confirmed the words of the Statute of explanation differ from the words of Magna Charta it self the words of some of the Statutes of explanation being that no man ought to be apprehended unless by indictment or due process of Law the other statutes differing from the words of Magna Charta in many other particulars and yet there is no saving in those Statutes much less should there be any in a Petition of Right these are the answers I have conceived to the reasons of their Lordships and the exposition I apprehend must be made of the proposed words being added to our Petition And therefore I conclude that in my opinion we may not consent to this addition which I submit to better Judgements The Reasons of the Commons House delivered by M r. GLANUILE why they cannot admit of the Propositions tendered unto them by the Lords May it please your Lordships I Am commanded by the House of Commons to deliver unto your Lordships their reasons why they cannot admit of the Proposition tendered unto them by you but for an introduction into the busines please you to remember that a Petition of Right was shewed to your Lordships wherein we desired you would joyn with us a Petition my Lords fitting for these times grounded upon Law and seeking no more then the Subjects just Liberty The Petition consisted of 4. parts The first touching Loan Aids and Taxes The second touching imprisonment of mens Persons The third touching Billeting of souldiers The fourth touching Commissions issued for Martial Law and put in execution upon several Persons Groaning under the burthen of these we desired remedy and wish your Lordships would joyn with us which you having taken into consideration we must confess have dealt nobly and freely with us not to conclude any thing till you hear our just reasons for which we thank your Lordships and hope your Lordships will value those reasons which we shall now offer unto your Lordships The work of this day will make a happy issue if your Lordships please to relinquish this as we formerly upoâ— conference with your Lordships have done some other things For the Proposition my Lords we have debated it throughly in our House and I am commanded to deliver unto you the reasons why we cannot infert this clause Neither your Lordships nor we desire to debate Liberty beyond the due bounds or to incroach upon the Kings Prerogative and lessen the bounds thereof The first reason I am to lay down is touching Soveraign power which I beseech you not to accept as my own being but a weak Member of that strong body but as the reasons of the whole House upon great and grave considerations First my Lords the words Soveraign power hath either reference or no reference to the Petition if no reference then superfluous if a reference then dangerous and operative upon the Petition and we think your Lordships purposes is not to offer unto us any thing that may be vain or to the hinderance of any thing wherein you have already joyned with us The Petition declareth the Right of the Subject which
yet may be broken by the word Soveraign power and so the virtue of the Petition taken away The end of the Petition is not to enlarge the bounds of Law but their Liberties being infringed to reduce them to their ancient bounds and shall we by admitting of these words Soveraign power instead of cureing the wound launch it and cut it deeper The next point is the word trust a word of large latitude and deep sence we know that there is a trust in the Crown and King but regulated by Law we acknowledge in penal Statutes the King may grant another power to dispense with the Law but Magna Charta inflicting no penalty leaveth no trust but claimeth his own right therefore the word trust would confound this distinction Our next reason is we think it absolutely repugnant to any course of Parliament to put saving to the Petition In former times the course of petitioning the King was this The Lords and the Speaker either by words or writing preferred their Petition to the King this then was called the Bill of the Commons which being received by the King part he received and part he put out part he ratified for as it came from him it was drawn into a Law But this course in 2. H. 5. was found prejudicial to the Subject and since in no such cases they have petitioned by Petition of Right as we now do who come to declare what we demaund of the King For if we should tell him what we should not demaund we should then proceed not in a Parliamentary course Now for that which is alleadged by your Lordships de articulis sup Chartas that my Lords is not like this that is saving upon particulars But this Petition consisting on particulers would be destroyed by a general saving The saving de articulis sup Chartas are of three aids for Ransomming the Kings Person for Knighting the Kings eldest Son and once for Marrying the Kings eldest Daughter These by the form of the Petition shew that they came not in upon the Kings answer but upon the Petition First then followed the savings which under favour we think are no reasons to make us accept of this saving being not pertinent to the Petition These 23. Statutes 34. E. 1. were made to confirm Magna Charta so that there are in all 30. Acts to set Magna Charta in its purity and if some subsequent Statute have laid some blemish upon it shall we now then make the subject in worse case by laying more weight upon it God forbid In the next place your Lordships reason thus that this which you wish we would admit of is no more then what we formerly did profess when we sent the King word we had no purpose at all to trench upon his prerogatives It is true my Lords we did so but this was not annexed to any Petition for in that manner we should never have done it And here I am commanded with your favours to deliver unto you what a Learned Member of the House delivered unto our House touching this point The King saith he and the Subject hath two liberties Two Mannors joyning one upon another the King is informed the Subject hath intruded upon him but upon triall it appeareth not to be so were it fitting think you that the Subject should give security that he should not inâ—roach or intrude on that Mannor of his because the King had been informed he did so I think you will be of another minde wherefore I am commanded seeing we cannot admit of this addition to desire your Lordships to joyn with us in the Petition which being granted and the hearts of the King and people knit togeather I doubt not but his Majestie will be safe at home and feared abroad Sir HENRY MARTINS Speech MY Lords the work of this day wherein the House of Commons hath implyed the Gentleman that spake last and my self was to reply to the answer which it hath pleased the Lord Keeper to make to those reasons which we had offered to your Lordships conâ—ideration in justification of our refusall not to admit into our Petition the addition commended by your Lordships which reasons of ours since they have not given such satisfaction as we desired and well hoped as by the Lord Keepers answer appeared It was thought fit for our better order and method in replying to divide the Lord Keepers answer into two parts a Leagall and a Rationall The reply to the leagall your Lordships have heard my self comes intrusted to reply to the rational which also consisted of two branches the first deduced from the whole context of the additional clause the second inforced out of some part In the first were these reasons that the same deserved our acceptance First as satisfactory to the King Secondly to your Lordships Thirdly agreeable to what our selves had often protested and professed expresly by the mouth of our Speaker I must confess these motives were weighty and of great force and therefore to avoid misunderstanding and misconceit which otherwise might be taken against the House of Commons upon refusall of the propounded addition It is necessary to State the question rightly and to set down the true difference between your Lordships and us Now indeed there is no difference or question between your Lordships and us concerning this additional clause in the nature and quality of a proposition For so considered we say it is most true and to be received and imbraced by us In toto qualibet parte qualibet syllaba yea and were that the question we should add to this addition and instead of due regard say we have had have and ever will have a special and singular regard where to leave entire Sovereign power were to intimate as if we had first cropt it and then left it but our regard was to acknowledge and confess it sincerely and to maintain it constantly even to the hazard of our goods and lives if need be To which purpose your Lordships may be pleased to remember that strict oath every Member of our House hath taken this very session in these words I A. B. do utterly testifie and declare in my Conscience that the Kings highness is the Supreme or Sovereign Governour of this Realm in all Causes c. and to my utmost power will assist and defend all Iurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness or united or annexed to the Impâ—rial Crown of this Realm c. So that your Lordships need not to borrow from our protestations any exhortations to us to entertain a writing in assistance of the Kings Sovereign power since we stand obliged by the most Sacred bond of a solemn Oath to assist and defend the same if cause or occasion so required So that the onely question between your Lordships and us is whether this clause should be added to our Petition and received into it as part thereof which to do your Lordships reasons
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 I oth 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 destruction 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 os 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
Licensing of bad books is a crime or the refusing to license books because then writ against Poperie or Arminianisme is a crime There is no Law to prevent the printing of any book in England onely a Decree in Star-chamber therefore that a man should be sued and imprisoned and his goods taken from him is a great Invasion on the Libertie of the Subject moveth a Law to be made upon this This is referred to a select Committee to examin Mr. Shervile REported concerning the Pardons that they have examined Doctor Sibthorp and Cosens Pardons Sibthorp solicited his own Pardon and said he would get the Bishop of Winchester to get the Kings hand to it It is evident that the Bishop of Winchester got the Kings hand to Sibthorp and Cosens Pardons and also Mountagues Pardon was promised by him That Doctor Manwering solicited his own Pardon and the Bishop of Wincâ—ester got the Kings hand to it It is likewise said the Pardons were all drawn by Mr. Attorney before there was any Warrant Mr. Cromwell saith he had by relation from one Doctor Beard that Beard said Doctor Allablaster had preached flat Poperie at Pauls Cross the Bishop of Winchester commanded him as he was his Diocesan that he should preach nothing to the contrarie Sir Robert Philips saith One Doctor Marshall will relate as much said to him by the Bishop of Winchester as the Bishop said to Doctor Moor. Mr. Kirtoâ— That Doctor Marshall and Doctor Beard may be sent for This Bishop though he hath leapt through many Bishopricks yet he hath leâ—t Poperie behind him That Cosens frequenting the Printing-house hath caused the Book of Common-Prayer to be new printed and hath changed the word Minister into Priest and hath put out in another place the word Elect thus Cosens and his Lord go hand in hand Sir Miles Fleetwood saith We are to give Mountague his Charge and by his books charge him with Schisme in error of Doctrine Faction in point of State Thirdly matter of Aggravation Sir Walter Earl OUi color albus erat nunc est contrarius albo saith Doctor White hath sold his Orthodox books and bought Jesuiticall books moves that Bishop White may go arm in arm with Mountague Ordered a select Committee to be named to digest these things that have been alreadie agitated concerning the Innovation of Religion the Cause of the Innovation and the Remedie Thursday 12. THe Sheriff of London upon his submission at the Barre is released his imprisonment in the Tower Sir Iohn Elliot made the Report for the Committee in the examination of the complaint of Merchants and delivered the Orders and Injunctions into the Exchequer At a great Committee for Tonnage and Poundage Mr. SHERVIL in the Chair MAster Waller delivered a Petition from Chambers Felke and Gilborn in complaint of an information against them in the Star-chamber about Tonnage and Poundage that by the restraint of their goods they are like to be undone Sir Iohn Elliot THe Merchants are not onely kept from their goods by Customers but by a pretended Justice in a Court of Justice as the Exchequer I conceive if the Judges of that Court had their understanding enlightened of their error by this House they would reform the same and thereby the Merchants suddenly come to their goods Mr. Transtort conceiveth this to be a difficult way for us to go Mr. Corington Let it be done which way the House shall think fit but I conceive the Merchants shall have their goods before we can think of the Bill Kings ought not by the Law of God thus to oppress their Subjects I know we have a good King and this is the advice of his wicked Ministers but there is nothing can be more dishonorable unto him Mr. Stroud That it may be Voted That the Merchants may have their goods before we enter on the Bill Chancellor of the Dutchie I shall speak my opinion because I know not whether I shall have libertie to speak or you to hear any more All the proceedings of the King and his Ministers was to keep the Question safe untill this House should meet and you shall find the proceedings of the Chequer were Legal and thus much not knowing whether I shall have a days libertie to speak any more here again Mr. Thesaurer There is none here but would think it a hard thing that a Possession should be taken from us without any order for Sequestration that therefore it was not to be suffered that these few men should so unjustly disturb the Government of the State Desires there may be no interruption but that we may proceed to settle the Tonnage Mr. Corington I hope we may speak here as I hope we may speak in heaven and do our duties and let no fear divert us Mr. Waller It is not so few as 500 Merchants are threatened in this Sir Robert Phillips moveth we may go to the King and satisfie him of these interruptions Mr. Noy We cannot safely give unless we be in possession and proceedings in the Exchequer nullified and information in the Star-chamber and the Annexion to the Petition of Right and other Records I will not give my voice to this untill these things be made void for it will not be a Guift but a Confirmation Neither will I give unless these interruptions be removed and a Declaration in the Bill That the King hath no Right but by our free guift If it will not be accepted as is fit for us to give it we cannot help it If it be the Kings alreadie as by these new Records then we need not to give it Mr. Selden secondeth the Motion of sending a Message to the Exchequer declareth a President of a Message sent into the Chancerie for stay of proceedings in a Cause and it was obtained and whatsoever the Judges return it cannot prejudice us the Law speaks by Record and if these Records remain it will to posteritie explain the Law Mr. Littleton For the Right there is no Lawyer so ignorant to conceive it nor any Judge in the Land to affirm it is against giving to the King or going on the Bill In this case by the Law a man cannot be put to a Petition of Right but shall recover without Right Ordered that a Message shall be sent to the Court of the Exchequer That whereas certain goods of the Merchants have been stayed by Injunction from that Court by a false Affidavit and that the Customers that made the Affidavit have upon examination of this House confessed that the goods were stayed onely for duties contained in the book of Rates that therefore that Court would make void the orders and Affidavits in this business Friday 13. A Petition against one Burges a Priest who was here complained of the last Session some new Articles complained against him that he could not get a Copie of his Articles out of the house untill he was fain to get one counterfeit himself a Puritan to get the same and
to the Barre on Munday next Which is Ordered At the Committee for Religion SIr Thomas Hobbie from the Committee reported for the examination of the Keeper and Clerk of Newgate concerning the Priests there being a Warrant under the Attorneys hand for the deliverie of the Persons a Warrant under the Lord Chief Justices hand according to a Letter which he received from the Lord of Dorset signifying that it was his Majesties pleasure that the Priest condemned should be reprived Another Warrant under the Attorneys hand that the Priests condemmed should be reprived and also in the Kings name to release those other nine persons Sir Nathaniel Ritch I am confident the Grace of the King hath been abused in this that therefore the privie Counsellers of this House may know whether it were his Majesties direction It is moved that Mr. Secretarie Cook may first declare his knowledge in this One Cross gave intimation of these persons First the Secretarie Super totam maternam It is evident that the Colledge at Clarkenwell is a Colledge of Iesuits holden under a Forreign Supream power Sir Francis Seymour taxeth Mr. Attorneys affection and judgement in this and also declareth continual Letters from Mr. Attorney in stay of proceedings against Recusants You see in this how slightly Mr. Attorney hath put over a business of this weight to Mr. Long. Cross the Pursevant saith there was an Eleventh man in the New Prison and the Keeper of that Prison said he was delivered by Warrant from the Councel-board Sir Iohn Elliot No man could find a way on which to vent his malice so much to this Church and State as by protecting these men That this may be fixed home on that great Lord of Dorset that I fear hath defiled his fingers too far in this business and on Mr. Attorney whom I am sorrie I have occasion to nominate so often in this matter of Religion in stopping of proceedings against Recusants Mr. Recorder is ordered to be sent for and to be examined in this rather than to be sent for having had the Honor formerly to sit in the Chair Secretarie Cook saith we shall find that the King being mercifull in case of shedding bloud gave direction for the repriving of those Priests Sir Iohn Elliot I doubt not when we shall declare the depth of this to his Majestie but he will render them to judgement that gave him advice herein Sir Nath. Ritch These Iesuits are bound by Sureties to answer further at the Councel-board I wish these Bonds would produce these Men that by examination of them we may find out the whole pack of their Benefactors and Countenancers Mr. Long saith that he offering at Session the Evidence by order from M. Attorney the Lord Chief Justice Richardson interrupted him and told him he must speak to the point in issue whether Priests or no Priests and hereupon the Judges consulted amongst themselves Mr. Selden saith he was present at the Sessions and plain Treason was proved and nothing done in it The further examination of this is referred to a select Committee Munday 16. A Petition of Complaint against Sir Henry Martin for disposing of the goods of one Brown who died intestate to his own private use Sir Henry Martin If I prove not my self as clear of this as St. Iohn Baptist let me be reckoned to be a Jew Referred to the Committee for course of Justice At the Committee for Religion MAster Stroud That the Lord Chief Justice may be called to give an account of his stay of Justice in the execution of the condemned Priests which he ought not to have done though his Majestie signified his pleasure to the contrarie Chancellor of the Dutchie That was a thing ordinarie for a Chief Justice to do in Queen Elisabeths and King Iames times as also a Declaration in the Star-chamber that all condemned Priests should be sent to the Castle of Wisbitch and from hence though the King had given no order for the replevie he might have taken his Warrant for his proceedings Mr. Selden reporteth from the Committee for the further examination of Mr. Long concerning the proceeding at Newgate against the Iesuits whereby plainly appeareth that the evidence tendered in the Court at Newgate did plainly testifie these men to be Priests yet the Lord Chief Justice Richardson did reject the same against the sence of the rest of the Judges and Justices present whereby it is plain he dealt under-hand to some of the Iesuites Ordered That two Members shall be sent to each Judge that were present at the Sessions at Newgate who were said to be the Lord Chief Justice of the Kings Bench the Chief Justice of the Common-pleas Justice Whitlâ—ck Justice Iones and Justice â—rook Tuseday 17. MAster Chambers preferreth another Petition in complaint of a Warrant newly proceeding from the Councel-board for the stay of the Merchants goods unless they payed the duties that were due in King Iames his time Sir Iohn Elliot You see as by the last answer from the Exchequer the Merchants were bounded within the Court to sue for their own so they are now debarred from all means of coming by their own It is Ordered that the Customers shall attend the House on Thurseday next In the mean time it is referred to the former Committee Ordered a Committee of six to Collect and take all the names at the Fast and to meet at eight of the Clock in the Morning Ordered That a Committee shall consider of a speedie way to put the Merchants in Possession of their goods without which it is warned we sit here in vain Sir Thomas Hobbie Reported from my Lord Chief Justice Hide that he doth not remember any Papers tendred by Mr. Long were rejected or that he affirmed they were dangerous persons and a Colledge of Iesuits but howsoever Mr. Long tendred nothing to prove them so but that he had diverse papers in his hand Mr. Wansford Reported from the Lord Chief Justice Richardson who saith that Mr. Long did discourse of the place and house but did not press the reading of any papers neither doth he know what was in the papers neither knew he any thing to prove the persons Priests Sir Thomas Barrington delivereth the answer of Justice Iones who saith the same papers were offered by Mr. Long but he knoweth not the Contents thereof nor the reason why they were refused but he came late for want of his health and the second day was not there at all The like â—as Reported by Sir Will. Constable from Justice Crook Sir Thomas Barrington saith Although that Justice Iones did not write the name of my Lord Chief Justice Richardson yet in discourse named him to be the man that said The point in proof is not whether they be Priests or no Priests Sir Nath. Ritch Here is a charge of a high nature on the Judges by Mr. Long. That Mr. Long now may make good his Charge or suffer for it for there were witnesses enough in
no Priviledge lieth against the King in point of his duties Sir Francis Seymour I desire it may first be debated Whether this case doth concern the King or no for I conceive these Customers have not made good that there was any right here is onely art used to entitle the King I conceive it a high offence for any man to lay the scandal upon the King for every project Mr. Glanveil Here is a cunning Project in the Exchequer to entitle the King a meer cunning Project and an offence of a high nature to shelter their projects under the Command of the Crown Secretarie Cook The point in question is not the right of the Subject but the right of Parliament Priviledge and that in the case of Mr. Rolles and this is onely now in question Sir Iohn Strangewaies I know no reason why we should draw a question upon our selves which we need not especially between the King and us 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 It was 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 lookt 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. Glanviel 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 hâ—râ— 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 Lowerâ—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 Vipers 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 â—which indeed was the general fault on the last day of the Houseâ— 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 â—ears 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 â—ase 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
14 M r. Goodwins speech March 22. pag. 18 Sir Francis Seymour's speech ibid. Sir Thomas Wentworth's speech pag. 20 The speech and Argument of M r. Creswell of Lincolnes Inne concerning the subjects grievance by the late Imprisonment of their persons pag. 21 Sir Benjam Ruddier's speech pag. 27 Sir Robert Phillip's speech pag. 28 Sir Thomas Edmonds pag. 30 Sir Iohn Elliot ibid. Sir Hum May ibid. The Petition for the fast March 26. 1628. pag. 31 The Kings Propositions March 28. pag. 32 Three grand questions ibid. Sir Iohn Coke his speech at a Conference between the Lords and Commons about the Petition to the King against Recusants pag. 33 The Petition of both Houses to his Majesty concerning Recusants March 31. pag. 34 The Kings Answer to the Petition against Recusants pag. 37 The Answer to the same Petition by the Lord Keeper Coventry pag. 38 Sir Edward Cokes speech March 25. upon a Question of law in point of Judgement given in the Kings Bench Mich. 3. Caroli viz. that a Prisoner detain'd by Commitment per special Mandat Regis without expressing a Cause is not Bailable wherein he held negatively pag. 39 The substance of the Kings speech upon the relating of the proceedings of the Parliament to him by the Counsellers of the Commons house of Parliament April 4. pag. 41 The Duke of Buckinghams speech to his Majesty the 4 of April ibid. S r Iohn Elliot in Answer to M r Secretary Coke's message of thanks from the King and the Duke of Buckingham delivered in the Commons house of Parliament April 5 pag. 43 A message by Secretary Coke from the King to the lower house April the 7 pag. 44 S r Benjamin Ruddier's speech upon the Receit of his Majesties Answer to the petition against Recusants pag. 45 The Kings message to the House of Commons by M r Speaker April 12. pag. 46. The petition concerning billetting of souldiers April 14. pag. 47 Nine heads of the House of Commons to the Speaker pag. 49 The Speaker S r Iohn Finches speech upon the nine heads pag. 50 The Kings Answer to the petition concerning billetting of souldiers pag. 53 S r Dudley Diggs his Introduction pag. 54 The Argument made by M r Littleton at the Command of the House of Commons out of Acts of Parliament and Authorities of Law expounding the same at the first Conference with the Lords touching the person of every Freeman pag. 56 The Objections of the Kings Councell with the Answers made thereto at the two Conferences touching the same matter pag. 65 The true Copies of the Records not printed which were used on either side of that part of the debate pag. 70 The Argument which by Command of the House of Commons was made at their first Conference with the Lords touching the liberty of the person of every Freeman out of presidents of Record and resolutions of Judges in former times by M r Selden pag. 76 The whole copies of the presidents of Record mentioned in one of the Arguments made at the first conference with the Lords touching the liberty of the person of every Free-man pag. 92 S r Edward Coke pag. 107 The Arguments of Serjeant Bramston on the Habeas Corpus pag. 111 The Argument of M r Noye upon the Habeas Corpus pag. 117 The Argument of M r Selden upon the Habeas Corpus pag. 122 The Argument of M r Calthrop upon the Habeas Corpus pag. 125 The substance of the Objections made by M r Attorney generall before a Committee of both Houses to the Argument that was made by the House of Commons at the first Conference with the Lords out of presidents of Record and resolutions of Judges in former times touching the liberty of the person of every Free-man and the Answer and replies presently then made by the House of Commons to these Objections pag. 121 The proceedings against the Earl of Suffolk April 14. p. 135 Severall speeches made at the Debatesconcerning the Kings propositions pag. 138 M r Alford ibid. S r Robert Maunsell ibid. S r Francis Seymour ibid. S r Peter Hayman ibid. M r Pimme ibid. Secretary Coke ibid. S r Dudley Diggs pag. 139 M r Spencer ibid. M r Iohn Elliot ibid. S r Edward Coke ibid. S r Thomas Wentworth pag. 146 S r Henry Martin ibid. M r Kirton ibid. S r Robert Phillips ibid. Serjeant Hoskins ibid. Serjeant Ashleys Argument seconding M r Attorney in the behalf of his Majesty pag. 141 M r Noyes Argument April 16 pag. 144 M r Glanvills Argument pag. 145 The Answer of the Judges for matter of fact upon the Habeas Corpus April 21 pag. 146 Iudge Whitlock's speech pag. 147 Iudge Iones his speech pag. 148 Iudge Doderidges speech pag. 149 The Lord chief Iustice his speech ibid. The Earl of Warwick's speech April 21 pag. 150 The Arch Bishop of Canterburies speech at the Conference of both Houses April 25 pag. 153 The five propositions read by the Lord Bishop of Norwich April 25. 1628 ibid. S r Dudley Diggs his speech in behalf of the Commons pag. 154 S r Benjamin Ruddier's speech April 28 pag. 157 The Lord Keeper's speech April 28. pag. 157 The Bishop of Exceter's letter sent to the House of Commons April 28. pag. 158 M r Hackwell of Lincolnes Inne his speech in the lower House May 1 pag. 159 The objections against M r Hackwel's speech ibid. Secretary Coke's message May 1 pag. 161 Secretary Coke's speech concerning himself and the nature of his place under his Majesty pag. 162 Henry Tomson one of the Sheriffs and Robert Henisworth Alderman of the city of York their submission for their indirect choosing of S r Thomas Savil Knight pag. 163 Propositions drawn for the defence of this Kingdome and the annoyance of the enemies of the same by sea ibid. Iudge Andersons speech pag. 165 The Kings message May 2 by Secretary Coke pag. 167 M r Masons speech May 2 ibid. The Speakers speech to his Majesty in the banquetting house May 5 pag. 171 The Kings Answer to the House of Commons delivered by the Lord Keeper May 5 pag. 173 The Lord Cok's speech at the Conference in the painted Chamber presenting the petition of Right May 8 pag. 174 The petition of Right to the Kings most excellent Majesty pag. 175 S r Benjamin Ruddier's speech page 178 His Majesties letter to the Lords spirituall and temporall of the higher House of Parliament pag. 180 The Kings message by the Lord Keeper May 21 pag. 181 M r Masons speech concerning the addition propounded by the Lords to be added to the petition of Right pag. 182 The Reasons of the Commons House delivered by M r Glanvil why they cannot admit of the propositions tendred unto them by the Lords 186 S Henry Martin's speech pag. 188 The Kings speech in the Higher House at the meeting of both Houses Iune 2. pag. 194 The Lord Keeper in explanation of the same pag. 195 The Kings Answer to the petition of Right Iune 2.