cognizance of any thing whatever that did relate to the good of the City and therefore it was conceived that nothing was more proper at that time than this which concerned the preservation of the City from utter ruine Upon which the other Sheriff directing his discourse to the Assembly said That what the Gentleman had moved there was true and not unknown to most of the persons there present but that he was of his Brothers opinion 〈◊〉 it was fit first to go on to the work of the day and not to carry up that message till after the Election Many persons being still dissatisfied and calling for a present message to be sent up the Gentleman who first moved the business made it his request that since there seemed a difference touching the circumstance of time that they would proceed to Election and carry up the Message with the persons Elected as the Sheriffs desired to which the common Hall unanimously agreed Upon which silence being made the common Hall proceeded to election of Sheriffs and made their Election and sent up an account thereof to the Lord Mayor and Aldermen by the Sheriffs and common Sergeant as is usual in such cases The Lord Mayor and Aldermen presently came down and took their seats in the Court of Hustings according to custom upon which the common Sergeant came forth to the front of the Court and declared the Names of the persons Elected and immediately gave back Thereupon the common Hall called out for an Answer to their Message upon which the common Sergeant steping forward again in the presence of the Lord Mayor Aldermen and Sheriffs said That he had acquainted his Lordship and the Aldermen with their request and that his Lordship had commanded him to declare unto them that he would be ready to joyn with them in that or any other thing for the good of the City And with that the Lord Mayor and Aldermen c. left the Court of Hustings and dismissed the Assembly After Dinner the grave Recorder Sir John Hovvel out of a great pretence of Loyalty but indeed a personal Grudge against Mr. Jenkes conveyed the news to White Hall where with his usual strain of Retorick he made such a dismal representation of the matter and was so powerful in his Eloquence as to occasion both the Sheriffs and some other of the City Officers to be sent 〈◊〉 who were examined by tâ—â— Lord Châ—â— Justice Rainsford in the presence of the King the Lord Chancellour the Lord Treasurer Duke Lauderdale and other Lord. The Sheriffs 〈◊〉 others made Affidavits but a Copy of them could never be obtained Upon the 〈…〉 Mr. Jenkes was summoned by a Messenger to appear at the Council Board the next day Accompanied with many of his Friends he attended in the Lobby near the Council Chamber according to his summons and after some time was called in but his Friends pressing to follow him as is usual on such occasions were kept out and not one suffered to go in with him The King sitting in Council the Lord Chancellour D. Lauderdale and other Lords about him The Clerk read an Affidavit made by the two Sheriffs the common Cryer and one John Green an Attorney the Substance whereof was That Fr. Jenkes at a Common Hall in London the 24th of June last past did complain of Grievances an did desire that before they vvent upon any other business certain Members of that Court might accompany the Sheriffs and the Common-Sergeant to vvait upon the Lord Mayor then in the Chamber to desire that a Common-Council might be called to Petition his Majesty in the Name of the City to Call a New Parliament The Affidavit being read the Council Board proceeded to this effect Lord Chancellour Sir What say you to this matter Mr. Jenkes I desire to know if this be all you have to charge against me A Lord. Then you make little of this You will find it to be enough Lord Chancellour Sir Did you move for a Common-Council to Petition for a Nevv Parliament Mr. Jenkes Is it any Crime to Petition for a Nevv Pâ—rliament 〈◊〉 which his â—â—â—â—ship not thinking fit to give any 〈◊〉 proceeded Lord â—â—â—â—â—llour Answer to the matter in charge Mr Jenkes Wâ—â—â— the liberty of his Majesty and this â—oard I will The King Goâ— Mr Jenkes May it please your Majesty Of all the Subjects you have A Lord interrupting him Answer to the matter Mr. Jenkes If his Majesty will be pleased to hear me I hope you will The King Let him go on Mr. Jenkes May it please your Majesty Of all the Subjects you have none are more Loyal than your City of London and in the City none more loyal than my self and no man there did more desire and in my circumstances act more in order to your Majesties Restauration than my self And I do desy any Citizen or other whomsoever to say I have forfeited my loyalty by any one individial act The King interrupting him Sir you are not Lord Mayor and I am very well satisfied with the loyalty of the City and that it needs no such Vouchers Lord Chanâ—â—llour Speak to the matter Mr. Jenkes May it please your Majesty Being summoned to a Court of Common Hall in London which is a Court that consists of the main Body of the City Lord Chancellour interruping him Sir you are under a double mistake for first it was not a Court and next it did not consist of the main Body of the City of London Mr. Jenkes With your Lordships leave it was a Court which doth consist of all the Livery of the City of Lâ—â—don which if I understand any thing is the main Body of the City of London And every member of that Court hath freedom to propose and debate any such matter or thing as he believes is for the service of his Majesty and the good of the City and no man can use more understanding than God has given him And I assure your Lordship what I then moved was according to the utmost of my understanding for his Majesties service and the good of the City And my Lord if I were under a mistake I had the fortune to have good Company for what I moved was approved by the whole Court The King It was not so Secretary We have a deposition to the contrary M. Jenkes It was so Other Lords It was not so Mr. Jenkes May it please your Majesty If you have a hundred depositions to the contrary if the matter of fact were so it was so and I do affirm it was approved by the whole Court A Lord. How came you to be a Privy Councellour Mr. Jenkes I never had any such ambitious thought in my head A Lord. How came you then to meddle with matters of State Mr. Jenkes I thought any of his Majesties subjects in an humble manner might Petition his Majesty for a Remedy of any Grievance whatsoever A Lord. Do you think any one may Petition for a Parliament
committed a mistake in returning the Petition That his Lordship had ask'd him for it Note That he return'd it by his Lordships Order and would be very angry with him if he had it not That he had left his Lordship looking over some Papers and taken that opportunity of coming for it and desired that he might have it to preserve him from his Lordships displeasure Tho the Mornings action gave Mr. Jenkes a great deal of reason to suspect the Secretary's tale to be a meer contrivance and easy to surmise the Truth yet he took no notice of what had men passed but sent the Petition which was then in some of his Friends hands that evening to him Upon the second thoughts which his Lordship bestowed upon the matter of the Petition he was better reconciled to it and proved better than his word in considering the Presidents for in stead of pausing on them till the next Term he was pleased to carry them and the Petition to the Privy Council the next â—â—â—â—nesday where tho all the particulars are not known upon â—â—edible Information this was the substance of what passed His Lordship acquainted the Board of the Address that had been made to him and moved that the Petition might be there read After it was read his Lordship told them that it had some appearance of Law and desired that the Attorney General might give his opinion Mr. Attourney told him If it were Law his Lordship ought to grant it if it were not Law then to deny it If it were of such difficulty as he could not satisfy himself That then he should advise with the Judges His Lordship then moved for an Order of Council for his direction in the matter to which some of the Lords reply'd That they were a Court of State and not of Lavv and that it did belong to him as Lord Chancellour to inform them in matters of Lavv. Thereupon his Lordship claping his hands on his breast said I thank God I have Courage enough to serve his Majesty About the latter end of July some of Mr. Jenkes his Friends attended his Lordship again and offered him Bail insisting upon the Writ of Mainprize as the Subjects Right alledging to his Lordship the hazzards that his Health his Family and his Trade were exposed to by his confinement His Lordship asked them why they had not petitioned the King and Council and told them if Mr. Jenkes thought it better to lye in Prison and Complain than Petition and be Bayled he might do as he pleased They told him they had tendred Bayl to Mr. Secretary Williamson who promised them to move the King and Council in it but when they reminded him of it upon the next Council Day he was pleased to excuse himself His Lorshdip told them he never heard they had tendred Bayl but the Writ of Mainprize was forgotten in all his Answers They then told him that the General Report was that the King and Council had referred it to his Lordship but his Lordship would take no notice of that likewise but said the King would advise with the Judges when they came to Town His Lordship with-drew from them and they left word with his Secretary That Mr. Jenkes looked upon himself to be his Lordships Prisoner On the _____ of August Mr. Jenkes's Friends went again to my Lord Chancellours but his Secretary told them his Lordship could not be spoken with They prevailed with his Secretary to go up to him and remind his Lordship of his last Answer of advising with the Judges and tell him that several of the Judges had been in Town and they did now desire his Lordships Resolution The Secretary at his Return told them that as soon as he began to mention the business his Lordship fell into a fit of the Stone but when that was over he would mention it unto him About two hours after they returned and the Secretary being absent another of his Lordships servants came to them and told them that his Lordship was not well and could not be spoken with but had ordered him to tell them That Mr. Jenkes might advise with his Counsel what was fit to be done for he was none of his Counsel and if he would Petition the King and Council he might and that that was his Answer On the 11th of August being the last Council day that was to be before the 3d. of October Mr. Jenkes thought fit again to tender Bayl to the Council and that the Lord Chancellour who disowned all knowledge of his doing so before and the whole Council might know of it he sent this Letter by his Bayl to the Lord Privy Seal then President of the Council which was publickly read My Lord Have been imprisoned since the 28th of June to my 〈◊〉 great losse charge and prejudice of my health I have â—â—â—herto been denyed Bayl Habeas Corpus and the Writ of Mainprise which I am informed were never before denied to any of his Majestys subjects in the like case and this only for moving in a lawfull Court and in a quiet and peacable manner that which I did believe to be for his Majestyes service and the good of the City and Kingdom and the preservation of the Protestant Religion and which I conceive I can make appear to be according to the Laws and Statutes of this Realm if I am publickly called thereto Wherefore I do not beg a discharge for I desire nothing more then to clear my innocence by a publick tryall but since Mr. Murrel and others committed to this prison for matters of a far other nature are daily bayled out my humble request to your Lordship is that you would be pleased to move his Majesty that I as well as any other of his Majestys subjects may enjoy the benefit of the Laws and that the Writ of Mainprise may be granted to me or that my Bayl which now attend may be taken Your Lordship will very much oblige Your Lordships humble-Servant FRANCIS JENKES This Letter was by some improved into a Petition and when they had given it that name tho that was the only thing wanting to please the Lord Chancellour yet it could not procure the acceptance of Bayl but the method proposed by his Lordship proved as ineffectuall as those that were demanded of him The Lord Chancellours resolutions being sufficiently discovered Mr. Jenâ—es friends forbore all farther sollicitation of his Lordship and made fresh application to the Lord Chief Justice Rainssord on August 18th then just returned from the Circuit The time of Sessions at the Old Bailey drawing on They caused two Writs of Habeas Corpus to be made the common course of removing prisoners from one Goal to another one ad deliberandum directed to the Keeper of the Gate-house the other adrecipiendum directed to the Sheriffs of London and desired his Lordship to sign them that Mr. Jenkes might be removed and brought to tryall for that the keeper of the Gate-house not Kalendering any State prisoner as he called him at the Sessions for Westminster he might lye there all his life time without triall which no Subject ought to do His Lordship excused himself upon his late return to Town which had not yet afforded him leisure to advise and sent them to the Attorney Generall to know whether he were ready for a Tryal before he would give them any answer Mr. Attorney upon their coming to him very worthily told them that he had no order in it but that he would not oppose the granting of those Writs adding God forbid but that the Law should have its due course They returned to the Lord Chief Justice with this answer and offered to make Oath that it was Mr. Attorneyes answer but he would give credit to nothing but a note under Mr. Attorneys own hand They told him it was hard that a man shouldly in prison who was willing to bring himself upon tryall that Writts of this nature were every day granted and did presume could not reasonably be denyed His Lordship answerd he would know whether â—r Attorney were ready for a 〈◊〉 â—hey replyed that â—â—â—y did not know when Mr. Attourney would be ready and 〈◊〉 Mr. Jenkes must stay for his Tryal till then they then moâ—â—ed his Lordship as they had done formerly that he would â—rant a Habeas Corpus to bring him before his Lordship and â—hat he would accept of substantial Citizens for Bayl who should render him whensoever Mr. Attorney should call for him alledging that such Writs had been frequently granted by the Lord Chief Justice Keeling and one of the now Justices of the Kings Bench. His Lordship returned that he did not doubt the Security they should offer him but he had never granted such a Writ and he knew not upon what Authority others had done it and in short refused to grant either that or the other Writs After all these Denials of Right Mr. Jenkes resolved to sit still with the satisfaction that his ill success was not imputable to the Injustice of his Cause but to the Pleasure or Fear of those that had the Power of making it otherwise and with patience to expect till the Term should set open the Prison doors which will not brook the denial of a Habeas Corpus tho a long Vacation must No further Address was therefore made to either of their Lordships but themselves after they had taken the pleasure of denying him were pleased to condescend to Intercede for him For as we received by very credible information the Lord Chief Justice went to the Lord Chancellour and told him that the Writs demanded of â—iâ— were according to Law and could not be denyed and that he had only taken time till he had acquainted his Lordship with it The Lord Chancellour directed him to the Lord Treasurer for further advice who sent him to the King As soon as his Mâ—jesty understood that what was demanded was the Subjects Right he immediately commanded that the Laws should have their due Course which their Lordships had stop'd
Mr. Jenkes I believe they may The King I know whose Scholar you are and I 'll take care that none such as you shall have to do with the Government Several Lords What was 't you mov'd What was 't you mov'd M. Jenkes My Lords What I spake was not in a Corner but openly in the faces of a Multitude and therefore cannot want a Witness to attest it A Lord. Just now it was a Court and now it is a Multitude Mr. Jenkes We Citizens pretend not to place our words so exactly inform but that there may besome mistake in them but I think my expression was no great absurdity for though it were a Court yet the Persons there were so numerous that it may not be very improper to term them a Multitude Yet if I have failed in due expression I beg his Majesties pardon I know somewhat of the Customs of the City of London and the Powers and Priviledges of the Courts there and somwhat also of the Laws of England but what the Powers and Customs of this Court are I know not and therefore shall desire to say little lest I should unwillingly offend Lord Chancellour Sir Pray tell us who advised you in this matter The King Who advised you Mr. Jenkes VVhat I then proposed was consented to by the whole Court and so became their Act as I said before Lord Chancellour and Others Answer directly to the Question or declare you will not Mr. Jenkes Since I see your Majesty and the Lords are angry tho I am not sensible that I have given you any just cause for it I must not say I did it without advice lest you should be more angry and to name any particular Person if there were such would be a mean and unworthy thing therefore I desire to be excused all farther answer to such questions since the Law doth provide that no man be put to answer to his own prejudice The King We will take that for an answer Lord Chancellour Since you name the Law by the Law you shall be tryed Mr. Jenkes I thank you and this Board Lord Chancellour You may withdraw He immediately withdrew and the room being cleared of all his friends and other company then the Messenger was kept there for the space of an hour and an half and afâ—â—◠〈…〉 â—â—ing called in any more was by a Warrant of the Council sent to the Prison of the Gate-house within the Liberties of Westminster Soon after his commitment he demanded of the Keeper a Copy of the Warrant by which he was was commited as he might and by Law ought to have The Keeper gave him a promise of it but delaying the performance for two dayes Mr. Jenkes resolutely demanded it of him as his duty but could not yet obtain it Sometime after the Keeper sent him one voluntarily by his man with this excuse That before he had positive order to deny him one and now had to give it him The Copy of the Warrant WHereas it appears to his Majesty in Council by the examination of Sir Thomas Gold Sir John Shorter Knights Sheriffs of the City of London John VVells Common-Gryer of the said City and John Green one of the Attorneys of the Lord Mayors Court taken upon Oath before the Lord chief Justice Raynsford That Francis Jenkes of the said City Linnen-Draper did on the 24th of this instant June at a Common Hall then assembled at the Guild-Hall of tâ—â— said City for choosing Officers for the ensuing Year in a wâ—â— seditious and mutinous manner openly move and stir ' the persons thâ—n present That before they did go on to the choice of nevv Officers vvhich vvas the only occasion of that Assembly they should go to the Lord Mayor and desire him to call a Common-Counsel that might make an address to his Majesty in the Name of the City to call A New Parliament And vvhereas the said Francis Jenkes being novv called in and heard before his Majesty in Council vvas so far from denying or exicâ—â—ating his offence That be did in a presumptuous and arrogant manner endeavour to justify the same These are therefore to command you to take into your custody the Body of the said Francis Jenkes herevvith sent you and him to Keep safely until he shall be delivered by due course of Lavv for vvhich this shall be your Warrant Dated at the Council Chamber in White-Hall this 28th Day of June 1676. To the Keeper of the Gate-House VVestminster or his Deputy Lindsey Peterborow C. Craven G. Carter Lauderdale Northampton Carbery W. Maynerd Tho. Chicheley Danby Anglesey Arlington Bathe J. Williamson R. Carr Finch Ormond Bridgwater Hen. Coventry J. Ernle Robert Sowtwell NExt day being the. 29th of June divers of Mr. Jeâ—kes Friends waited upon Mr. Secretary Williamson and desired to become Bail for him but Mr. Secretary refused to take any Bail but told them if they did mind him of it upon Wednesday morning he would move it at the Council But Mr. Jnkes beleiving that to be as it proved but a delay ordered some of his friends to wait upon the Lords Chiefe Justice Raynsford and moved him for an Habeas Corpus ad Subjiciend Recipiend c. which accordingly was done but his Lordship denied to grant it Alleading no other reason but that it was Vacation though his Lordship could not but know that Writ to be the Subjects Right at all times as well out of Term as in Term and Mr Jenkes friends were ready to offer him multitudes of Presidents when it had been granted out of Term both anciently and since his Majesties Restauration Mr. Jenkes resolving to leave no legall course to attaine his liberty untryed upon Friday the 30th Of June at a General Seal did by his Counsel move the Lord Chancellor for an Habeas Corpus at first his Lordship did seem much surprized and did refuse to hear his Counsel but after a little pause his Lordship bid Mr. Jenkes Counsel to move it again the next Seal and ordered the Seal to be put off from Tvvesday the 4th untill Thursday the 6th of July Upon Wednesday the 5th of July Mr. Jenkes friend waited upon Mr. Secreatary Willamson and desired him according to his promise to move in Councill that Mr. Jenkes might be Bayled but he said he had spoake with the King and could do nothing without a Petition so upon Thursday the sixth of July being a Publick Seale Mr. Jenkes Counsell did again move the Lord Chancellor according to his Lordships order and asserted the Authority of the Lord Cook who is most clear in the Case 2. part Instututes fol. 53. Speaking of the VVrit of Habeas corpus in the Kings Beach 〈…〉 The like Writ is to be granted 〈◊〉 of the Chancery 〈…〉 as in the Kings Bench or in the Vacation 〈◊〉 the Court of Chancery is Officina Justitiae and is ever â—pâ—â—ed and never Adjourned So as the Subject being vvrongfully â—â—prisoned may have justice for the liberty of his person