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 whatsoever 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 England 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 Sr. Iohn Strangwayes 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 Sr. 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 Sr. Christopher Nevill who related that upon Saturday being in the Lords Committee Chamber the Earle of Suffolk said thus to him Mr. 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 Mr. 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 Sr. Christopher Nevill and that the Earle as he called to him S r. Iohn Strangwayes so he called to him Sr. 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 r. 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 probability that had not these words been spoken to himself it is like he would have produced Sr. 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 Sr. 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 Sr. ROBERT MAUNSELL IT had been much better for us to have taken care for these provisions 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 Rochell The increasing of the Navy The repairing of the Forts 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 Michalmas S r. FRANCIS SEYMOUR THat as supply is desired 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 hastily 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 fit to examine the Propositions especially of the Arrearages of the Merchant ships and for preparation of the forreign Wars Secretary COKE THat three things especially are to be taken into consideration the defence of Rochell the Elve and the Forts He perswades to give bountifully and though the people do not presently pay it yet it gives the King credit abroad and much advanceth his affairs We have already by our carriage and temper taken the Kings heart which he adviseth we make good use of S r. DUDLY DIGGS FOr to try and examine faithfully the Propositions he refers it to the Judgement of the House whether it be fit to handle the business in order or to give in gross considering that the Bill of Tonnage and Poundage is now brought into the House which he thinks they conceive to be given for the safe-guarding of the Seas Mr. SPENCER IN no Case to enter into particulars That formerly hath been given 5. Subsedies for the repairing of the Forts and no penny bestowed on them but the money wasted in dishonour Mr. IOHN ELLIOT THat our late disasters at Calis Reez might discourage us from thinking of forreign attempts At Calis when we neglected the taking of the Spanish Fleet in the Harbour nothing attempted at our landing but drincking and disorder no good account given at the return Concerning service at S. Martins the whole account carried against the Judgement of the best Commanders which makes all the World despise and condemne us besides the inriching of the Enemy with kindenesses and parling with the Forts with presents which time will bring to light Sr. EDWARD COKE THat when England stood alone without friends and addition of Kingdoms as 42. E. 3. the King wholly guided by his Parliament-Councel brought alwayes home Victories both against France and Scotland his 4. reasons of it were 1. Good Councel 2. Valiant Leaders 3. Timely provision 4. Good imployment and fore-cast And likewise in Ric. 2. Hen. 4. Hen. 5. He desires to give plentifully and that in gross not to examine the particulers alleadging Solomon's rule qui repetit separat for said he if we rip them up we sever them for ever And in that Proposition for setting forth 30. ships shall we both pay Tonnage and Subsedies for them This will draw a dangerous President Likewise that other in setting forth God knows whether a 1000. Horse and 10000. Foot being not able to set them forth how shall we look to maintain them abroad That in an Iland the defensive War is best and most proper To conclude our guift in gross will serve best with these times for by that course we shall seem to allow all the Propositions and except against none Sr. THOMAS WENTWORTH THat he will look after the Iland of England and no further except our Fortunes were better That as he is bound in duty to the King so in faithfull love to his Countrey That our freedom and Liberty being known and granted we then may proportion our guift His conclusion was that the final debate of this question may be laid aside untill Friday and in the mean time go on with our grievances S r. HENRY MARTIN NOt to dash the Ship of the Common-wealth twice upon one Rock The disease that we are now sick of is the Kings Evil which none but himself can cure and Iacob's example is our best Predent who wrestling with the Angel would not give over till he got the blessing That our often repetition of
hereby will and command you out of our Treasury remaining in the receipt of the said Exchequer forthwith to pay or cause to be paid unto Phillip Burlamachi of London Merchant the summ of 30000 l. to be paid by him over by Bill of Exchange unto the Low-Countries and Germany unto our trustie and well be loved Sir William Balfoore Knight and Iohn Dalber Esquire or either of them for levying and providing certain numbers of Horse with Arms for Horse and Foot to be brought over into this Kingdom for our service viz. For the levying and transporting of a 1000 Horse 15000 l. for 5000 Muskets 5000 Corslets 5000 Pikes 10500 l. and for 1000 Curasiers compleat 200 Corslets and 200 Carbines 4500 l. Amounting in the whole to the said summ of 30000 l. And this our Letter shall be your sufficient warrant and discharge in this behalf Given under our privy Seal at our Palace of Westminster 30. of Ianuary in the third year of our raign The Commission to the Lords and others of the privy Councel concerning the present raising of money CHARLES by the grace of God King of England Scotland France and Ireland defender of the faith c. To Sir Thomas Coventry Lord Keeper of the great Seal of England Iames Earl of Marlburgh Lord Treasurer Henry Earl of Manchester Lord President of the Councel Edward Earl of Worcester Lord Keeper of the privy Seal George Duke of Buckingham our high Admiral of England William Earl of Pembroke Lord Steward of our Houshould Phillip Earl of Mongommery Lord Chamberlain of our Houshould Theophilus Earl of Suffolk Edward Earl of Dorcet William Earl of Salisbury Thomas Earl of Exceter Iohn Earl of Bridgwater Iames Earl of Carlile Henry Earl of Holland William Earl of D. George Earl of Totnes Sir George Hay Knight Lord Chaunceller of Scotland William Earl of Morton Thomas Earl of Kelly Thomas Earl of Melros Edward Viscount Conway one of our principall Secritaries of State Edward Viscount Wimbleton Oliver Viscount Grandison Henry Viscount Falkland Lord Deputy of Ireland To the Lord Bishop of Winchester William Lord Bishop of Bath and Wells Fulk Lord Brook Dudly Lord Carleton vice Camberlain of our Houshould Sir Thomas Edmonds Treasurer of our Houshould Sir Iohn Savill Comptroller of our Houshould Sir Robert Nawton Master of our Court of Wards Sir Iohn Cooke one of the principal Secritaries of our State Sir Richard Weston Chancellor and under Treasurer of our Exchequer Sir Iulius Caesar Master of the Roll. Sir Humfry May Knight Chancellor of our Dutchy of Lancaster GREETING WHereas the present Conjuncture of the pressing affairs of Christendom and our own particular interest in giving assistance to our oppressed Allies and for the providing for the defence and safety of our own dominions And people do call upon us to neglect nothing that may conduce to those good ends And because monies the principall sinews of War and one of the first and chiefest in all great preparations and actions necessary to be provided in the first place and we are carefull the same may be raised by such ways as may best stand with the State of our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience we have had and for the trust we repose in your wisdoms fidelities and dutifull care of your services and for the experience you have of all great causes concerning us and our State both as they have relation to forraign parts abroad and as to our Common-Wealth and People at home Ye being Persons called by us to be of our privy Councel have thought fit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your speciall care and dilligence And we do hereby authorize and appoint and stricktly will and require you speedily and seriously to enter into consideration of all the best and speediest ways and means yee can for raising of money for the most important occasions aforesaid which without extreamest hazard to us our dominions and people and to our friends and Allies can admit of no long delay The same to be done by imposition or otherwise as in your wisdom and best Judgments ye shall finde to be most convenient in a case of this inevitable necessity wherein form and circumstance must be dispensed with rather then the substance be lost or hazarded And herein our will and pleasure is that you or as many of you as from time to time can be spared from attendant upon our Person or other our necessary services do use all dilligence by your frequent meetings and serious consultations and when you have brought any thing to maturity ye make report thereof unto us and advertise us of those things ye shall either resolve upon or thinck fit to represent unto us for the advancement of this great service which with the greatest affection we can we recommend to your best care and Iudgement Whereof you must not fail as you tender our honour and the honour and safety of our Dominions and People and for the doing hereof these presents shall be to you and every of you a sufficient warrant In witness whereof we have caused these our Letters to be made Letters Patents Witnes our selfe at Westminster the last day of February in the third yeare of our Raigne Per ipsum Regem Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at ROCHEL 4. May 1628. the ships rideing before the Town 1. WHether in your opnion and judgments by the means and strength we have the Floates and Pallizadoes may be forced and the entrance into the Town may be thereby made for the victuallers 2. If you shall think it fit what in your opinions will be the best and readiest way to open the same 3. Whether you hold it fit to send in the victuallers at the same instant together with the fire ships and barks considering that if it should not take effect instead of relieving the Town we relieve the Enemy 4. If in this attempt part shall get through and the greater part be taken by the Enemies whether the service or dishonour will be greater 5. If in case you think it fit to give the attempt whether you hold it likewise necessary that the Merchant ships should second or follow them and how far you hold it safe for them to go 6. Whether the more to countenance the service you hold it fit for the Kings ships to put themselves under sail being they are to be exposed to shallow water and a narrow Channel and to lye under command of many of the Enemies Forts where by an unlucky accident many of them may be brought on ground and miscarry 7. You are here to deliver your opinions upon your allegiance the rather because the onely service the Kings ships there can do is to cause the Enemies Fleet which rides
subjects grievance by the late Imprisonment of their persons pag. 21 Sir Benjam Ruddier's speech pag. 27 Sir Robert Phillips'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 Debates concerning 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 pag. 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 r 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. by the Lord Keeper ibid. S r Iohn Elliot's speech Iune 3. ibid. A Report from the Committee for trade Iune 4. pag. 201 His Majesties message to the House of Commons by
till his pleasure be first known Thus did the Lord Chief Justice Coke in Raynards Case They say this would have been done if the King had not written but why then was the Letter read and published and kept and why was the Town Clark sent carefully to enquire because the Letter so directed whether these men offered for bayl were subsedy men the Letter sheweth also that Beckwith was committed for suspition of being acquainted with the Gun-Pouder-Treason but no proof being produced the King left him to be bayled The Earle of WARVVICKS speech 21. April 1628. MY Lords I will observe something out of the Law wherein this liberty of the Subjects Person is founded and some things out of Presidents which have been alleadged For the Law of Magna Charta and the rest concerning these points they are acknowledged by all to be of force and that they were to secure the Subjects from wrongfnll imprisonment as well or rather more concerning the King then the Subject why then besides the grand Charter and those 6. other Acts of Parliament in the very point we know that Magna Charta hath been at least 30. times confirmed so that upon the matter we have 6. or 7. and thereby Acts of Parliament to confirm this liberty although it was made a matter of derision the other day in this House One is that of 36. E. 3. No. 9. and another in the same year No. 20. not printed but yet as good as those that are and that of 42. E. 3. cap. 3. so express in the point especially the Petition of the Commons that year which was read by M r. Littleton with the Kings answer so full and free from all exception to which I refer your Lordships that I know not have any thing in the World can be more plain and therefore if in Parliament ye should make any doubt of that which is so fully confirmed in Parliament and in case so clear go about by new glosses to alter the old and good Law we shall not onely forsake the steps of our Ancestors who in Cases of small importance would answer nolumus mutare leges Angliae but we shall yield up and betray our right in the greatest inheritance the Subjects of England hath and that is the Laws of England and truely I wonder how any man can admit of such a gloss upon the plain Text as should overthrow the force of the Law for whereas the Law of Magna Charta is that no Free-man shall be imprisoned but by lawfull judgement of his Peers or the Law of the Land the King hath power to commit without Cause which is a sence not onely expresly contrary to other Acts of Parliament and those especially formerly cited but against Common sence For Mr. Attorney confesseth this Law concerns the King why then where the Law saith the King shall not commit but by the Law of the Land the meaning must be as M r. Attorney would have it that the King must not commit but at his own pleasure and shall we think that our Ancestors were so foolish to hazard their Persons Estates and labour so much to get a Law and to have it 30. times confirmed that the King might not commit his Subjects but at his own pleasure and if he did commit any of his Subjects without a Cause shewen then he must lie during pleasure then which nothing can be imagined more ridiculous and contrary to true reason For the Presidents I observe that there hath been many shewen by which it appears to me evidently that such as have been committed by the Kings Councel they have been delivered upon Habeas Corpus and that constantly It is true that some Presidents were brought on the Kings part that when some of these persons desired to be delivered by Habeas Corpus the King or his Councel signified his Majesties pleasure that they should be delivered or the Kings Attorney hath come into the Court and related the Kings Command but this seems to make for the Subject For that being in his Majesties power to deliver them who by his special Command were imprisoned May not we well think that his Majesty would rather at that time have stayed their deliverance by Law then furthered it with his Letters and made the Prisoners rather beholding to him for his grace and mercy then to the Judges for Justice had not his Majesty known that at that time they ought to have been delivered by Law I think no man would imagine a wise King would have suffered his Grace and Prerogative if any such Prerogative were to be so continually questioned and his Majesty and his Councel so far from commanding the Judges not to proceed to deliver the Prisoner by them committed without Cause shewn as that on the other side which is all the force of these Presidents the King and the Councel signified to the Judges that they should proceed to deliver the parties certainly if the King had challenged any such Prerogative that a Person committed without any cause shewn ought not to be delivered by the Judges without his consent it would have appeared by one President or other amonst all that have been produced that his Majesty would have made some claim to such a Prerogative But it appears to the contrary that in many of these cases the King or his Councel did never interpose and where they did it was alwayes in affirmation and incouragement to that Court to proceed And besides the writing of Letters from his Majesty to the Judges to do Justice to his Majesties Subjects may with as good reason be interpreted that without those Letters they might not do Justice also the King signified his willingness that such such Persons which were committed by him should be delivered therefore they could not be delivered without it which is a strange reason So that findeing the Laws so full so many and so plain in the point and findeing that when ever any were committed without cause shewn brought their Habeas Corpus they were delivered and no Command ever given to the contrary or claim made on the Kings part to any such Prerogative I may safely conclude as the House of Commons have done and if any one President or two of late can be shewn that the Judges have not delivered the Prisoners so committed I think it is their fault and to be enquired of but contrary it seems to me to be an undoubted Liberty of the Subject that if he be committed without cause or without cause shewn yet he may have some speedy course to bring himself to Trial either to justifie his own innocencie or to receive punishment according to his fault for God forbid that an innocent man by the Laws of England should be put in worse case then the most grievous Malefactors are which must needs be if this should be that if a cause be shewed he may have his Trial but if none he must lie and pine in Prison during pleasure
viz. That his Majesty understanding that the Remonstrance was called for to take away all question commanded me to deliver it to you but hopeth that you proceed with the Bill of Tonnage and Poundage and give precedence to that business and to give an end to further dispute between some of his Subjects or else he shall think his Speech that was with a good applause accepted had not that good effect which he expected But before his Messege there was a report made by Mr. Pym for a Committee for Religion where a motion was made about the Remonstrance the last Session concerning that part which toucheth Religion and the Clark answered that by command from the King he delivered it to the Lord Privy Seal and so the Committee proceeded no farther SIr Walter Earl replied to the Message The last part of the Message calls me up For point of precedency Religion challengeth the precedence and the right of our best endeavors Vbi dolor ibi digitus I know justice and liberty is Gods cause but what will justice and liberty do when Popery and Arminianisme joyn hand in hand together to bring in a Spanish Tyranny under which those Laws and liberties must cease What hath been done for Religion since the last Session We know what declarations have been made what persons have been advanced what truthes confirmed by all Authority of Church Councels and King For my part I will forgo my life and estate and liberty rather than my Religion And I dare boldly affirm that never was more corruption between Religion and matters of state than is at this present time Humana consilia castigantur ubi coelestibus se praeferunt Let us hold our selves to method and that God that carried us through so many difficulties the last Parliament Session will not be wanting to us now Mr. Corrington LEt us not do Gods work negligently We receive his Majesties Message withall duty for our proceedings let us so proceed as it may soonest conduce to his Majesties desire Unity concerns all of us the unity of this house is sweet especially in Gods cause let us cry and cry again for this let us be resolved into a Committee and presently fall to debate thereof UPon Mr. Pyms motion It was ordered that Religion should have the precedency and that the particulars before named should be taken into consideration by a Committee of the whole House Wensday 28. Secretary COOKE delivered another Message from his Majesty HIs Majesty upon occasion of dispute in this House about Tonnage and Poundage was pleased to make a gracious declaration wherein he commended unto us the speedy finishing thereof and to give precedency thereto and since his Majesty understanding the preferring the Cause of Religion his Majesty expected rather thanks than a Remonstrance yet he doth not interrupt you so you do not intrench upon that which doth not belong unto you But his Majesty still commanded me to tell you that he expects precedency in Tonnage and Poundage assuring himself he hath given no occasion to put it back and so you will not put it off To this Mr. Long replied I Cannot see but with much sorrow how we are still pressed to this point I hoped those near the Chair would have truly informed his Majesty of our good intentions but we see how unhappy we are still some about his Majesty makes him diffident of us Sir Thomas Edmonds I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage after his Majesty hath given us a full satisfaction You may perceive his Majesty is sensible of the neglect of his business we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you Your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his Fathers time and since that what enlargement he hath made of our liberties and yet still we give him cause to repent him of the good he hath done Consider how dangerous it is to Alienate his Majesties heart from Parliamens Mr. Corington When men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean I see not how we do neglect the same I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time our business is still put back by these Messages and the business in hand is of God and his Majesty Things are certainly amiss and every one sees it and wo be to us if we present them not to his Majesty Sir Iohn Elliot His Speech to the same effect IT was ordered that a Committee should be appointed to pen an Answer to his Majesties Message and shew that it is their resolution to give him all expeditions in his service and that they hold it fit not onely to give him thanks but further to shew what perill we are in and that Tonnage is their own gift and it is to arise from themselves and that they intend not to enter into any thing that belongs not unto themselves Thursday 29. THe former part of the day was spent in dilating of the transportation of corn and victuals into Spain and it was ordered that Message should be sent to his Majesty that it is now evident that diverse ships are bound for Spain and to desire a stay of them After the House sat at a Committee about Religion after long debate it was resolved by the Commons-House as before Friday 30. THe House received an answer from his Majesty touching the Ships which was that he would consider of it and send them an answer in due time Also this day a Committee of the Lower-House went to the King in the Privy-Chamber with the Petition for the Fast and the Arch-Bishop of York after he had made a short Speech presented it to his Majesty in the name of both Houses To which the King answered Munday Febr. 2. THe Lower-House presented a declaration to his Majesty in answer to two Messages sent by him Tuesday 3. SEcretary Cook reported that himself and the rest of the Committees attended his Majesty upon Munday and he said For my part I have used all diligence to do all the commands of my Master and this House and I find that some exceptions have been taken at some words by me used when I delivered the Bill of Tonnage and Poundage Indeed I used many Arguments in speaking of his Majesty I said it much concerned him and that his Majesty much desired it and I required it in his name which I did not intend but to avoide dispute and I said not this was an ordinary revenue but this Tonnage was the means to inable his Majesty to set his Fleet to sea After this Apology he read his Majesties answer to the Petition of the Lower-House Sir Iohn Elliot Mr. Speaker I confess this hath given great satisfaction for present
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. Kirton That Doctor Marshall and Doctor Beard may be sent for This Bishop though he hath leapt through many Bishopricks yet he hath left 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 QUi 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 other new misdemeanors He is Ordered to be sent for Sir Iohn Elliot A Motion for Priviledge of Merchants Order is That any man having a Complaint depending here in the mean time intimation shall be given to my Lord Keeper That no Attachment shall go forth against the Merchants Chancellor of the Dutchie reported the Message to the Chequer Court that the Treasurer and the Barons will forthwith take the same into consideration and return answer It is Ordered Mr. Secretarie Cook shall take care that intimation shall be given to the Citie about the Fast. Doctor More called in saith he was referred to the Bishop of Winchester to be censured for preaching a Sermon the Bishop said he had heard him preach and deliver many prettie passages against the Papists which pleased King Iames but he must not do so now That you have a brother that preacheth against Bowing at the high Altar or at the name of Iesus and that