Duke could alter it 4. That when the Ordinance were shipt at S. Martins the Duke caused the Souldiers to go one that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his bloud and Marquess Hambletons with others cries out for vengeance to Heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poysoned by Sir Thomas Overbury and he himself served with the same sawce and that the Earl of Sommerset could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence A Privy Seal for the transporting of Horses 30 January 3. CAROLâ— CHarles by the grace of God King of England Scotland France and Ireland defendor of the faith c. To the Treasurer and under Treasurer of our Exchequer for the time being greeting We do 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 〈◊〉 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 Thomaâ— 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 Moâ—ton 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 somuch concern us in the first and chiefest place to recommend this to your â—peciall 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 attendanc 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
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.
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.
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 the Speaker Iune 6. pag. 203 The Kings Speeches Iune 7 and the Petition of Right read and granted pag. 204 The motions of the lower House to the Higher ibid. Sir Thomas Wentworths speech pag. 205 The Kings message to the lower House by Sir Humphry May Iune 10. pag. 206 Eight particulars voted in the House of commons against the Duke of Buckingham Iune 11 ibid. The first Remonstrance of the House of Commons ibid. A Schedule of the shipping of this Kingdome which have been taken by the Enemy and lost at sea within the space of three yeares last past pag. 215 The Kings Answer to the Remonstrance Iune 17. p. 217 The Kings speech at the end of the Session Iune 26. ibid. The second Remonstrance pag. 218 A Letter which was found amongst some Jesuits that were lately taken at London and addressed to the Father Rector at Bruxills pag. 220 Motives to induce the Knights Citizens and Burgesses of the Commons house of Parliament to petition his Majesty for the revoking and abolishing of the degrees of Baronets lately erected by his Highnesses letters pattents pag. 224 The examination of Andrew le Brun Captain of the Mary of Rochell pag. 226 Articles against Melvin p. 227 A privie Seal for the transporting of horses Ianuary 30 tertio Caroli ibid. The Commission to the Lords and others of the Privy Councell concerning the present raising of Money pag. 228 Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at Rochell May 4. 1628. p. 230 The Answer to the Articles propounded by the Lord generall and the rest of the Councell of warre pag. 231. A TABLE of the transactions of the second Session of the Parliament begun Ian. 20. 1628. M r Selden's report concerning the Petition of Right Ianuary 21 pag. 235 M r Pymms motion ibid. Sir Iohn Elliots reply ibid. M r Seldens speech concerning the Petition of Right p. 236 M r Norton the Kings Printer brought to the barre ibid. Sir Iohn Elliot ibid. Sir Robert Phillip's speech Ianuary 22. ibid. M r Littleton pag. 237 Sir Iohn Elliot ibid. M r Selden concerning the printing of the Petition of Right ibid. His Majesties message Ian. 23 24. pag. 238 M r Walter Ian. 26 ibid. M r Secretary Coke ibid. Sir Francis Beamor ibid. M r Kirton ibid. M r Sherland pag. â—39 Sir Nath. Rich Ian. 27 ibid. The Kings Message by Secretary Coke ibid. Sir Walter Earl pag. 240 M r Corrington ibid. M r Pymme ibid. Another Message from his Majesty Ianuary 28 deliver'd by Secretary Coke ibid. M r Long 's Reply pag. 241 Sir Thomas Edmonds ibid. M r Corrington ibid. Sir Iohn Elliot ibid. Secretary Coke's speech Feb. 3 pag. 242 Sir Iohn Elliot ibid. M r Speaker pag. 243 Secretary Coke ibid. Sir Hum. May ibid. Sir Iohn Elliot at the Committee for Religion ibid. A Bill that no Clergy man be in Commission for Peace Feb. 4 ibid. M r Selden pag. 244 A Petition against D r. Cosens ibid. Sir Eubal Thelwall ibid. M r Shervile ibid. M r Rouse ibid. M r Kirton ibid. Sir Robert Phillips pag. 245 Sir Edward Giles ibid. Sir Iames Perot ibid. M r Pymme ibid. Sir Robert Phillips ibid A Petition about an imposition upon mault Febr. 5 p. 246 M r Long ibid. M r Ogle ibid. Secretary Coke ibid. Sir Robert Phillips ibid. A Petition against Whittington a Papist Febr. 6. ibid. M r Shervile pag. 247 S r Nath. Rich ibid. S r O. Roberts upon an Affidavit against D r Cosens ibid. S r Iohn Elliot ibid. M r Kirton Febr. 7. ibid. S r Walter Earl ibid. S r Robert Phillips ibid. M r Selden pag. 249 S r Robert Phillips ibid. M r Pymme ibid. M r Shervile ibid. S r Iohn Stanhope ibid. S r Nath. Rich ibid. S r Iohn Elliot ibid. S r Daniel Norton pag. 250 S r Robert Phillips ibid. The Chancellor of the Dutchy ibid. S r Thomas Heale ibid. M r Valentine ibid. Transactions concerning Cosens Bishop Mountague c. Febr. 9. ibid. S r Robert Phillips February 10 pag. 251 M r Chancellor of the Dutchy pag. 252 M r Selden ibid. S r Francis Seymour ibid. M r Selden pag. 253 M r Kirton ibid. M r Littleton ibid. S r Benjamin Ruddier ibid. M r Selden Febr. 11 ibid. A Petition of the booksellers and printers at the Committee for Religion pag. 254 M r Shervile's Report concerning D r Sibthorpe Cosens and Manwaring ibid. Sir Walter Earl pag. 255 A Committee for tonnage and poundage Febr. 12 Shervile in the Chair ibid. S r Iohn Elliot ibid. A Petition against Burges a Priest Febr. 13 pag. 257 S r Iohn Elliot ibid. Sir Will. Bawstrod at a Committee for Religion ibid. Sir Richard Gravenor pag. 258 Secretary Coke ibid. A Complaint against the Lord Lambert Febr 14 pag. 259 M r Kirton ibid. S r Thomas Hobbie at a Committee for Religion pag. 260 M r Stroud at a Committee for Religion Febr. 16 p. 261 Another petition preferred by M r Chambers Febr. 17. p. 262 A publick Fast Febr. 18 p. 263 M r Dawes call'd in question for taking M r Rolls his goods Febr. 19 ibid. A petition of Complaint against the Lord deputy of Ireland Febr. 20 ibid. A petition by M r Symons in complaint of the Customers Febr. 21 pag. 264 The Committee for Merchants ibid. The protestation of the Commons in Parliament March 2 1628 Pag. 267 The Kings speech in the House of Parliament March 10. to dissolve it Pag. 268 His Majesties letter and queres concerning ship money and the answer thereunto The KINGS Speech 17. March 1627. My Lords and Gentlemen THese Times are for action wherefore for examples sake I meane not to spend much time in words expecting accordingly that your as I hope good resolutions will be speedy not spending time unnecessarily or that I may better say dangerously for tedious Consultations at this conjuncture of time are as hurtfull as ill Resolutions I am sure you now expect from me both to know the cause of your meeting and what to resolve on yet I think there is none here but knowes that common Danger is the cause of this Parliament and that Supply at this time is the chief end of it so that I need but point to you what to do I will use but few perswasions for if to maintaine your owne advises and as now the case stands by the following thereof the true Religion Lawes and Liberties of this State and the just defence of our true Friends and Allies be not sufficient then no eloquence of Men or Angels will prevaile Only let me remember you that my duty most of all and every one of yours according to his degree is to seek the maintenance of this Church and
sitting amongst them they could have found few or none whose presentation to your Majestie would have been of lesse repute or advantage to them For impeditior is linguaesum and the poore experience I have of that royall Assembly is so ill ballanced with true judgement that every gust and wave hath power on me whereby I shall not onely suffer in my own particular but which I apprehend with much more care and sorrow prejudice their common Interest Wherefore dread and dear Sovereign as low as the lowest step of your royal throne I humbly bend appealing to your great sovereign judgement for my discharge from this so unequall a burthen imposed on me most humbly and earnestly beseeching your most excellent Majestie for the honour of that great Councell and the better digestion of publick Services there and withall to avert so ill an Omen as the choice of Me in the beginning of a Parliament ordained I hope for the joy of our own and the envy of other Nations that by your gracious Command the House may re-consult and settle their better thoughts on some more worthy their election and your Majestie 's approbation The Lord Keeper Coventry's Reply M r. Speaker HIs Majestie with a most gracious eare and princely attendance hath heard your humble excuse he knowes well the importance of your place but your ability to discharge it he approves and commends the election of the House of Commons and therein receives the more content because they have followed the light taken from himself who formerly made choice of you to serve in a place of Trust both about himself and his royall Consort The Omen cannot be ill and the People so readily follow him whom God hath ordained to go in and out before them And therefore knowing your tackling to be strong and finding your saile moderate and not over-born his Majestie doth doubt neither gust nor wave to endanger your passage But since you are duely chosen his Majestie counsells and commands that unto your humility you adde resolution and courage they stand well together and being well joyned they will arme all your abilities to that great Imployment of service to your King and Countrie which as the Commons by their uniforme voice have put upon you so his Majestie by his royall approbation doth girt unto you and settle you Speaker The Speaker Sir John Finches Reply IT is now no time nor manners longer to dispute with my Lord the King but with all joy of heart and alacrity humbly and thankfully to meet so great a favour from the best of Masters and the best of Men. Therefore first I lift up my heart to him that sits on the Throne of heaven per quem Principes imperant Potentes decernunt justitiam humbly begging at his hands that made the tongue to give me speech and that framed the heart of man to give me understanding for I am but as Clay in the hands of the Potter and he will mould me for honour or dishonour as best seemes good unto him Next I bow my knees unto your most excellent Majestie in all humble and hearty acknowledgement of this and many other your great and gracious Favours The truth of mine heart full of zeale and duty to your Majestie and the publike as any mans quits me from all feare of running into wilfull and pregnant errours and your Majestie 's great goodnesse of which I have been so large a partaker gives me strong assurance that having by your gracious beames drawn me up from earth and obscurity you will so uphold me by a benigne and gracious interpretation of all my words and actions that I fall not down again like a crude and imperfect vapour but consume the remainder of my dayes in the zeal of your Majestie 's service This great and glorious Assembly made perfect by your royall presence like a curious Perspective the more I behold it with the more joy and comfort I finde a lively representation of that true happinesse which under your Majestie 's gracious government we all enjoy A better tongue were fitter to expresse it but a rich Stone retaines his value though ill set Here in the fulnesse and height of your Glorie like the Sun in the exaltation of his Orbe sits your most excellent Majestie the sovereigne Monarch of this famous Isle in a Throne made glorious by a long succession of many and great Princes A meditation worthy our better thoughts that we live neither enthralled to the fury of the giddy-headed multitude nor yet to the distracted wills of many Masters but under the command of a King the stay and strength of a People one as Homer saith well of a King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to be laid in common ballance with other men for Kings know no other Tenure but God's service and their value it is onely tried at his Beam whence the Poets said the Parents of the first Kings were Coelum Terra Divine institution and Humane approbation Besides that it is a Sovereigntie also hereditarie which makes the Common-wealth the King's care as that which is the King 's own Patrimony and the inheritance of his Children when elective Monarchies quickly runne to ruine and are commonly made poor by the enriching of several Families On your right hand are the reverend religious and learned Prelates the Lights of the Church fit to be set in golden Candle-sticks and not made contemptible by Paritie or Povertie lively Ideaâ—s of that blessing above the rest which by Godâ—s great goodnesse and your Majestie 's great pietie this Realme enjoyes the libertie of the Gospell and the free profession of God's true Religion Your Majestie passed the fierie tryall in Spaine and gave us then assurance that your faith was built on that rock against which the gates of hell shall never prevaile Since your coming to the Crowne by your royall Edict you have banished those Incendiaries of Rome the Priests and Iesuites enemies to our Church and State so as now they are either gone or lurk in corners like the sonnes of darknesse You have given life to the Lawes against Recusants and by your own exemplarie pietie have drawn more then you have compelled to come to Church Euge ingredi ut impleaâ—ur domus mea was his command that made the great Feast and is the duty of Magistrates And certainly dread Sovereigne true Religion will ever be a target to them that are a buckler to it No cement so strong to hold your Subjects hearts together in their true obedience Our Religion never bred a Clement or a Ravillack and that execrable Villany never to be forgotten here when all of us horresco referens in an instant should have been turned into ashes and those scattered in the winde was a Monster could never have been ingendred but by the Divel or the Iesuites On your left hand sit your Nobles the Lights of Honour full of courage and magnanimitie yet in right distance between
God declared against our selves in the manifold Evils already fallen upon us and in those which are further threatned as by your sacred Majesty was intimated to us even to the utter destruction and subversion of this Church and State all which our sins have justly deserved and being now by your Majestie 's gracious favour assembled in Parliament as the great Councel of this your Kingdome to consult on such means as we conceive fittest to redresse the present and prevent the future Evils wherein through Gods blessing we intend to imploy our utmost endeavours with as good hearts to your Majestie and the publick service as ever people did do in the first place humbly beseech your Majesty that by your speciall command one or more daies may be forthwith solemnly set apart wherein both our selves and this your Kingdome may by Fasting and Prayer seek a Reconciliation at the hands of almighty God and with humble and penitent hearts beseech him to remove those miseries that lie upon us and our neighbour Churches to avert those which are threatned to continue the favours which we yet enjoy and particularly to bestow his abundant blessing upon your Majesty and this present Parliament so that all our counsels and consultations being blessed with his divine assistance may produce much honour safety and happinesse to your Majesty your People and Allyes The Kings Propositions March 28. 1628. 1. TO furnish man and victuall 30. ships to guard the Narrow seas and along the Coasts 2. To set out 10. other ships for the preservation of the Elve and the Baltick sea 3. To set out 10. other ships for the relief of the Town of Rochel 4. To leavy arme cloth victuall pay and transport an army of 1000. horse and 10000. foot for forrain service 5. To pay and supply 6000. men for the assistance of the King of Denmark 6. To supply the stores of the Office of the Ordinance 7. To supply the stores of the Navy 8. To build 20. ships yearly for the increase of the Navy 9. To repair the Forts within the Land 10. To pay the Arriers of the Office of the Ordinance 11. To pay the Arriers of the Victuallers Office 12. To pay the Arriers of the Treasurer of the Navy 13. To pay the Arriers due for the fraight of divers Merchants ships imployed in his Majestie 's service 14. To provide a Magazine of Victualls for Land and Sea-service Three grand Questions 1. NO Free-man ought to be committed or detained in prison or otherwise restrained by the command of the King of the Privy Councel or any else unlesse some cause of the commitment detainment or restraint be expressed for which by law he ought to be committed detained or restrained 2. A Writ of habeas corpus may not be denyed but ought to be granted to every man that is committed or detained in prison or otherwise restrained though it be by the command of the King Privy Councel or any other he praying the same 3. If a Free-man be committed or detained in prison or otherwise restrained by the command of the King Privy Councel or any other unlesse the cause of the commitment detainment or restraint be expressed for which by Law he ought to be committed detained or restrained and the same be returned upon habeas corpus granted for the said party that then he ought to be delivered or bailed Sir John Coke his Speech at a Conference between the Lords and Commons about the Petition to the King against Recusants My Lords WE are sent to attend this Conference from the Knights Citizens and Burgesses of the House of Commons And first we acknowledge all due honour both unto the reverend Fathers of the Church and to you noble Lords in that ye have shined before us as worthy lights in the encouragement and maintainance of true Religion It is the true support of all your dignities and honours And this forwardnesse of yours is the more remarkable when that viperous generation as your Lordships justly stile them doe at â—ase with tooth and nail assay to rend the bowels of their Mother For give me leave to tell you what I know that they now both vaunt at home and write to their friends abroad they hope all will be well and doubt not to prevail and to win ground upon us And a little to awake the zeal and care of our learned and grave Fathers it is fit that they take notice of that Hierarchie which is already established in competition with their Lordships for they have a Bishop consecrated by the Pope this Bishop hath his subalternate Officers of all kinds as Vicars-generall Arch-deacons rurall Deans Apparatours and such like Neither are those nominall or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdome keep Courts and determinâ— Ecclesiasticall causes and which is an argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntioes and Cardinalls both at Bruxells and in France Neither are the Seculars alone grown to this height but the Regulars are more active and dangerous and have taken deep root they have already planted their Societies and Colledges of both Sexes they have setled Revenues Houses Libraries Vestments and all other necessary provisions to travell or stay at home nay even at this time they intend to hold a concurrent Assembly with this Parliament But now since his sacred Majesty hath extended his royall arm and since the Lords of his Councell have by their authority caused this nest of Wasps to be digged out of the earth and their Convocations to be scattered and since your Lordships joyn in courage and resolution at least to reduce this People to their lawfull restraint that they may doe no more hurt we conceive great hope and comfort that the almighty God will from henceforth prosper our endeavours both at home and abroad But now my Lords to come to the chief errand of this our meeting which is to make known to you the approbation of our House of that Petition to his Majesty wherein you were pleased to request our concurrence The House hath taken it into serious consideration and from the beginning to the end approve of every word and much commend your happy pen onely we are required to present unto you a few additions whereby we conceive the Petition may be made more agreable to the Statutes which are desired to be put in execution and to a former Petition granted by his Majesty recorded in both Houses confirmed under the Broad Seal of England and published in all the Courts of our ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them only as our Advise and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not find this reason to be of weight These additions were
and constant use in the Court of Kings Bench as it cannot be doubted but your Lordships will easily know also from the grave and learned my Lords the Judges These two causes the one of the Entrie of Committitur Marescallo postea traditur in ballium and the other Remittitur quousque and Remittitur generally or Remittitur prisonae predict together with the nature of the habeas Corpus being thus stated it will be easier for me to open and your Lordships to observe whatsoever shall occurre to this purpose in the Presidents of Record to which I shall come in particular But before I come to the Presidents I am to let your Lordships know the resolution of the House of Commons touching the enlargement of any man committed by the command of the King or of the Privie Councell or of any other without cause shewed of such commitment It is thus That if a Free-man be committed or detained in prison or otherwise restrained by the Command of the King the Privie Councell or any other and no cause of such commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a habeas Corpus granted for the partie that then he ought to be delivered or bailed This resolution as it is grounded upon those Acts of Parliament already shewed and the reason of the Law of the Land which is committed to the charge of another and anone to be opened unto you is strengthened also by many Presidents of Record But the Presidents of Record that concerne this point are of two kinds for the House of Commons hath informed it self of such as concern it either way The first such as shew expresly that persons committed by the Command of the King or of the Privie Councell without any cause shewed have been enlarged upon Baile when they prayed it Whence it appeares cleerly that by Law they were bailable and so by habeas Corpus to be set at liberty For although they ought not to have been committed without cause shewen of their commitment yet it is true that the reverend Judges of this Land in former Ages did give such a respect to such commitment by Command of the King or of the Lords of the Councell as also to the commitments sometimes of inferiour persons that upon the habeas Corpus they rarely used absolutely to discharge the prisoners instantly but to enlarge them only upon Baile which sufficiently secures and preserves the Liberty of the Subject according to the Lawes that your Lordships have already heard Nor in any of these cases is there any difference made between any such commitments by the King and commitments by the Lords of the Councell that are incorporated with him The second kind of Presidents of Record are such as have been pretended to prove the Law to be contrarie and that persons so committed ought not to be set at liberty upon Baile and are in the nature of Objections out of Record I shall deliver them summarily to your Lordships with all faith as also the true Copies of them Out of which it shall appear cleerly to your Lordships that of those of the first kind there are no lesse then twelve most full and directly in the point to prove that persons so committed are to be delivered upon baile and among those of the other kind there is not so much as one that proves at all any thing to the contrary I shall first my Lords go through them of the first kind and so observe them to your Lordships that such scruples as have been made upon them by some that have excepted against them shall be cleered also according as I shall open them severally The first of this first kind is of Edw. 3. time It is in Pasche 18. E. 3. Rot. 33. Rex The case was thus King E. 3. had committed by Writ that under his Great Seal as most of the Kings Commands in that time were one Iohn de Bidleston a Clergie man to the prison of the Tower without any cause shewed of the commitment The Lieutenant of the Tower is commanded to bring him into the Kings Bench where he is committed to the Marshall But the Court asked of the Lieutenant if there were any cause to keep this Bidleston in prison besides that commitment of the King He answered No. Whereupon as the Roll saith Quia videtur Curiae breve predictum that is the Kings Command sufficientem non esse causam predictum Johannem de Bidleston in prisona Marr. Regis hic detinend idem Johannes dimittitur per manucaptionem Will. de Wakefield and some others Where the Judgement of the Court is fully declared in the very point The second of this first kind of Presidents of Record is in the time of H. the 8. One Iohn Parker was committed to the Sheriffs of London prosecuritate pacis at the Suit of one Brinton ac pro suspicione fellonie committed by him at Cow all in Glocester shire ac per mandatum Dni Regis he is committed to the Marshall of the Kings Bench posâ—ea isto eodem Terminâ— traditur in Ballium There were other causes of the commitment but plainly one was a Command of the King signified to the Sheriff of London of which they took notice But some have interpreted this as if the commitment here had been for suspicion of fellony by command of the King in which case it is agreed of all hands that the Prisoner is â—ailable But no man can think so of this President that observes the Contents and understands the Grammar of it wherein most plainly ac per mandatum Regis hath no reference to any other cause whatsoever but is a single cause enumerated in the Return by it self as the Record cleerly shewes It is in the 22. H. 8. Rot. 37. The third is of the same time It is 35. H. 8. Rot. 33. Iohn Bincks case He was committed by the Lords of the Councell pro suspicione fellâ—nie ac pro aliiâ— caâ—sis illos movantibus Qui committitur Marescallo c. et immediate ex gratiâ— curiae special traditur in ballium They commit him for suspicion of fellony and other causes them thereunto moving wherein there might be matter of State or whatsoever else can be supposed and plainly the cause of the commitment is not expressed yet the Court bailed him without having regard to those other unknown causes that moved the Lords of the Councell But it is indeed somewhat different from either of those other two that precede and from the other nine that follow For it is agreed That if a cause be expressed in the return insomuch as the Court can know why he is committed that then he may be bailed but not if they know not the cause Now when a man is committed for a cause expressed pro aliis causis Dominos de Concilio moventibus certainly the Court can no more know in such a case
mil. Carolus Ogle nuper de London generos per Willielmum Okey custod prisonae de lâ— Gatehouse virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum c. Ei iâ—de direct coram Francisco Gaâ—dy uno Justiciar Dominae Reginae aâ— placita coram ipsa Regina tenend assignat apud hospitium suum in Chauncery lane London duct cum causa viz. Quod praedictus Robertus Henricus Carolus sibi commissi fuerint per mandatum privaâ—i Concilii Dominae Reginae pro quibusdam altis proditionibus per ipsos fierâ— suppositi Marr. Ball. Qui traduntur in ballium praetextu brevis c. De Vacatione Hillarii 43. Eliz. Reginae Fleet sci Henricus Carew de London mil. per Iohannem Phillips Gardian de le Fleeâ— virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum c. â—iinde direct coram Francisco Gawdy uno Justiciar Dominae Reginae de placita coram ipsa Regina tenend assign apud hospitium susuum in Sergeants Inne in Chauncery lane London duct cum causa viz. quod praedict Henr. commissus fuit prison praedict 11 die Februarii anno 43 Reginae virtute cujusdam warranti diversorum praenobilium virorum de privato Concilio in haec verba These shall be to require you to receive into your charge and custody from the hands of the Lord Major of London the person of S r Henry Carew Knight who was in the late action of trayterous Rebellion and to keephim safely close prisoner untill you shall receive order from us to the contrary Qui traditur in ballium praetextu brevis c. De Termino sanctae Trinitatis primo Iacobi Regis rot 30. Iohannes Brocket mil. per Willielmum Okey custod prisonae de le Gatehouse in Westm. in comitaâ—u praedict virtute brevis Domini Regis de habeas Corpus ad subjiciendum c. Ei inde direct coram Domino Rege apud Westm. duct cum causa viz. Quod ante adventum brevis praedict scilicet ultimo die Martii anno Regni Domini Regis primo praedict Iohannes Brocket mil. praefat custod de le Gatehouse commissus fuit per warrantum privati Concilii Domini Regis cujus tenor sequitur in haec verba To Will Okey keeper of the prison of the Gatehouse in Westminster These are to will and require you to receive into your charge and custody the person of Iohn Brocket Knight and him to detain in safe keeping under your charge untill you shall have further order for his enlargement whose commitment being for some speciall matter concerning the service of our Sovereign Lord the King you may not fail to regard this our warrant accordingly From the Kings Pallace at Whitehall the last of March 1605. Eaque fuit causa detentionis praedict Iohannis in prisona praedict quia committitur Marr. c. Et postea traditus fuit in ballium prout patet per scruâ—t finium istius Termini Marr. Ball. De Termino sancti Michaelis anno 12 Iacobi Regis Rot. 119. prison de le Gatehouse sci Milo Raynor per Aquilaâ— Wykes custod prisonae praedict virtute brevis Domini Regis de habeas Corpus ad subjiciendum c. coram Domino Rege duct cum causa viz. Quod ante adventum brevis praedict scilicet decimo die Junii anno Domini 1613. praedict Milo Raynor commissus fuit prisonae praedict huc usque detent virtute warranti cujusdam sibi facti direct per Gâ—orgium Archiepiscopum Cantuariensis Henr. comitem Northampton Thom. comitem Suff. Will. Dominum Knollis Edwardum Dominum Wotton Richardum Dominum Stanhope cujus warranti tenor sequitur in haec verba To Aquilâ— VVykes keeper of the Gatehouse in VVestminster or his deputie Whereas it is thought meet that Miles Raynor and Richard Beckwith be restrained of their Liberty and committed to the prison of the Gatehouse These shall be to will and require you to receive the persons of the said Raynor and Beckwith into your charge and safe keeping in that prison there to remain untill you have further order in that behalf for which this shall be your sufficient warrant Dated at VVhitehall the tenth of Iuly 1613. Et haec est causa detentionis suae in prisona praedict Qui committitur Marrescallo Et postea isto eodem Termino traditur in ballium Marr. Ball. prout patet per scruet istius Termini De Termino sancti Hillarii anno 4 et 5 H. 7. per scruet ejusdem Rot. 18. de praedict Richardus Everard nuper de Colchester in comitatu Essex Clericus Robertus White nuper de Norwic. Smith per Robertum Willoughby mil. Dominum de Brook Senescal hospitii praedict virtute brevis Domini Regis de habeas Corpus ad sectam ipsius Regis pro quibusdam proditionibus feloniis unde in dicto comitatu Essex indictati sunt ei inde direct coram Domino Rege duct cum causa viz. Quod iidem Richardus Everard Richardus White commissi fuerint in custodia Marr. praedict per mandatum Domini Regis Marr. Qui committitur Marr. c. De Termino sancti Hillarii anno 8. H. 7 per scruet ejusdem Rot 12. Mort. est in prisona prout per certificationem Coron intr Pasche 10. H. 7. affilat Surr. Christopherus Burton nuper de Rochester in comitatu Kant hacknâ—yman per Robertum Willoughby Dominum Brook militem Senescallum hospitii Domini Regis ad Iohan. Digby mil. Marresc cur Marreâ—c hospitii praedict virtute brevis DominiRegis de habeas Corpus ad sectam ipsius Regis ad subjiciend c. eis inde direct coram Domino Rege duct cum causa viz. Idem Christopherus commissus fuit gaol Marresc hospitii praedict per mandatum Domini Regis et haec de causa non alia Qui committitur Marresc Aâ— super quendam abjurationem infrâ— civiâ—atem Rottenson facta isto Termino certificat ad salvo custodiend Marr. sub poena 100 l. c. De Termino Pasche anno â—9 H. 7. per scruet ejusdem rot 23. London sci Georgius Vrswick de London Mercer per Oliverum Wood locum tenent prisonae Domini Regis de le Fleet virtute brevis Domini Regis de habeas Corpus ad sectam ipsius Regis ad conservand c. ei inde direct coram Rege duct cum causa viz. Quod idem Georgius Vrswick tertio decimo die Maii anno 19 Regis commissus fuit prison de le Fleet praedict per mandatum Domini Regis salvo custodiend Marr. sub poena 10 l. Qui committitur Marr. c. De Termino sanctae Trinitatis anno 7. H. 8. per scruet ejusdem rot 23. Surr. Edwardus Page nuper de London generosus per Georgium comitem Salopp Senescallum hospitii Domini Regis Henr. Sharnburr Marr. cur Marr. hospitii praedict virtute breuis Domini Regis ad conservand diem
say according to the lawes which leaves the matter very uncertain and per speciale mandatum c. be within the meaning of these words according to the law then this Act had done nothing The Act is No Free-man shall be imprisoned but by the law of the land if you will understand these words per legem terrae in the first sense this statute will extend to Villains as well as to Free-men for if I imprison another man Villain the Villain may have an action of false imprisonment But the Lords and the King for then they both had Villains might imprison them and the Villain could have no remedy but these words in the statute per legem terrae were to the Free-man which ought not to be imprisoned but by due processe of law and unlesse the interpretation shall be this the Free-man shall have no priviledge above the Villain So that I conceive my Lord these words per legem terrae must be here so interpreted as in 42 Eliz. the Bill is worth the observing it reciteth that divers persons without any writ or presentment were cast into prison c that it might be enacted that it should not be so done hereafter the answere there is that this is an Article of the great Charter this should be granted so that it seemes the statute is not taken to be an explanation of that of Magna Charta but the very words of the statute of Magna Charta I will conclude with a little observation upon these words nec super eum mittimus which words of themselves signifie not so much a man cannot finde any fit sense for them But my Lord in the seventh year of King Iohn there was a great Charter by which this statute in the ninth of Henry the third whereby we are now regulated was framed and there the words are nec eum in Carcerem mittimus we will not commit him to prison that is the King himself will not and to justifie this there is a story of that time in Matthew Paris and in that Book this Charter of King Iohn is set down at large which Book is very authentique and there it is entred and in the ninth of Henry the third he saith that the statute was renewed in the same words with the Charter of King Iohn and my Lord he might know it better then others for he was the Kings Chronologer in those times and therefore my Lord since there be so many reasons and so many presidents and so many statutes which declare that no Free-man whatsoever ought to be imprisoned but according to the laws of the land and that the liberty of the subject is the highest inheritance that he hath my humble request is that according to the ancient laws and priviledges of this Realm this Gentleman my Client may be bailed The Argument of Master Calthrop upon the Habeas corpus Sir Iohn Corbet being brought to the Kings Bench Bar with Sir Edmond Hampden Sir Walter Earl and Sir Iohn Henningham who were also brought thither by severall writs of Habeas Corpus with the same return I being assigned by the Court of Kings Bench upon a petition delivered to be of Councell with Sir Iohn Corbet did move that Sir Iohn Corbet might be discharged of his imprisonment and put in bail for I did conceive that the return of this Habeas corpus was insufficient both in the matter of the return and in the manner of the return and so there ought not to be a longer detaining of Sir Iohn Corbet in prison for as unto the manner of the return it is not laid down precisely that Sir Iohn Corbet is detained in prison by the speciall commandment of the King signified by the warrant of the Lords of the Councell the which is not a direct affirmation that he is detained by the speciall command of the King but that the Lords of the Councel by their warrant have signified unto him that he was committed and still detained by the speciall command of the King And howsoever the Lords of the Councell had signified that he was detained by the commandment of the King yet it may be he was not detained by the commandment of the King for their signification of the same by warrant may be untrue and the warrant of the Lords of the Councell that is returned in haec verba importeth that the keeper of the Gatehouse rather took upon him to return that was signified unto him by the warrant of the Lords of the Councell that Sir Iohn Corbet was committed and detained by the speciall commandment of the King because if the keeper had taken upon him to affirm it upon his return then needed he not to have returned the warrants of the Lords of the Councell and the warrant it self sheweth that he had onely his information from the Lords of the Councell for their warrant is to let the keeper know that both the first commitment and this direction for the continuing of him in prison were and are by his Majesties speciall commandment and I do not see as this return is made that an accord upon the case can lie upon the keeper of the Gatehouse if S r. Iohn Corbet was not committed nor detained by the special commandment of the King so long as the warrant of the Lords of the Councell be returned as it was made because he doth return the same as the significavit of the Lords by their warrant Register 65. the writ of Excommunication Capiend ' goeth Rex vicecom ' Lincoln S. significavit nob ' venerabilis Pater Henricus Lincolnien sis Episcopus per Literas suas Patentes quod R. suus Parochial ' propter suam manifestaÌ„ cotumac ' authoritate ipsius Episc ordin ' excom ' est nec se vult per censuram Ecclesiasticam justiciar ' c. tibi praecipimus quod praedict ' R. per corpus suum secundum consuetud ' Angliae justic ' c. and yet no man will say that there is an information of the King that R. is excommunicated but onely that the Bishop of Lincoln had signified unto him that R. was excommunicated and in Fitz. Nat. Br. 663. and Register 65. it appears that the form of the writ of Excommunication deliberand ' is Rex Vicecom ' London Salut ' Cum Thom ' Iay allutar ' London qui nuper ad denuntiat venerabil ' Patris Archiep ' Eborum pro contumaciis suis ratione contractus in civitate nostra Eborum habit ' ut dicebat tanquam excom ' claves Ecclesiae contemnent ' per corp ' suum secundum consuetud ' Augliae per te justic ' praecepimus donec c. esset satisfact ' eid ' Archiepiscopo ad satisfaciendum Deo sanctae ecclesiae sufficientem exposuit cautionem per quod eidem Archiepiscopus â—ffic Archdiac London mutuae vicissitudin ' obtentu scripsit ut ipsum absolvat ab excom ' senten ' memorata sicut idem Archiepiscopus per Literas suas Patentes
nob ' significavit Tibi praecipimus quod praed Thom ' cum tibi constare poterit ipsum ab excom ' praedict ' per praedict ' Official ' absolvi à Prison ' qua detinetur si ea occasione non alia detineat ' in eadem sine dilatione deliberari fac ' And yet it cannot be said that although the King recited in his writ that the Archbishop had signified unto him that he had written unto the Officiall of the Archdeacon that the King said that the Archbishop had written for he doth not affirm so much precisely but onely referreth himself unto the Certificate of the Archbishop Plowden 122 Buckley and Rivers case it is put that if a man will bring an action of debt upon an obligation and declare that it appears by the obligation that the defendant stood bound to the plaintiffe in twenty pounds the which he hath not paid this declaration is not good insomuch as it is not alledged by matter in fact that he was bound unto him in twenty pound but the deed is alledged by recitall onely 21. Ed. 4. 43. Plowden Com' 126. 143. Browning and Beestons case The Abbot of Waltham being appointed collector of a Disme granted unto the King in discharge of himself in the Exchequer pleadeth Quo inter recordat ' Ter Pasc. anno 25. domini Regis Edvardi 1. inter alia continetur quod R. 2. had granted unto the predecessors of the said Abbot that he nor any of his successours should be any collectors of any dismes to be granted afterwards and it was adjudged that this plea was ill For the saying it was contained among the Records it is no precise affirmation that the King had granted to his predecessors that they should be discharged of the collecting any dismes but it is onely an allegation by way of recitall and not by precise affirmation the plea may not be good 2 3 Mar. Dier 117. 118. the plaintiffes reply in barre of all pleadeth that Iohn Abbot of W. was seised of his lands in right of his Church and so seised by the assent of the tenant by indenture 14 Hen. 4. testat ' quod praedict ' Abbat ' convent ' demiserunt tradiderunt unto the plaintiffe and ruled that this form of pleading was ill insomuch as it was not alledged by precise affirmation quod demiserunt sed indentura testatur quod demiserunt which is not sufficient insomuch as it is onely an allegation by way of recitall that the Indenture doth witnesse and the same Indenture may witnesse so much and yet not be a demise And if in pleading there must be direct affirmation of the matter alledged then à fortiore in a return which must be more precise then in pleading and so by all the cases I have formerly touched it appeareth that this return is no expresse affirmation of the keeper of the Gate-house that Sir Iohn Corbet is detained in prison by the speciall commandment of the King but onely an affirmation of the Lords of the Councell who had signified unto him that his detainment in prison was by speciall command of the King The return which ought to be certain and punctuall and affirmative and not by way of information out of another mans mouth may not be good as appeareth by the severall books of our law 23 Ed. 3. Rex vic' 181. upon a Homine replegiando against the Abbot of C. the Sheriffe returneth that he had sent to the Bailiffe of the Abbot that answered him that he was the villain of the Abbot by which he might not make deliverance and a Sicut alias was awarded for this return was insufficient insomuch that he had returned the answer of the Bailiffe of the Abbot where he ought to have returned the answer of the Abbot himself out of his own mouth Trin. 22. Ed. 2. Rot. 46. parent vill ' Burg. Evesque de Norwich repl ' 68. Nat. Br. Case 34. Fitz. Nat. Br. 65. 34. Ed. 3. Excom ' 29. the case appeareth to be such in a trespasse the defendant pleadeth the plaintiffe is excommunicate and sheweth forth the letter of the Bishop of Lincoln witnessing that for divers contumacies c. and because he had certified no excommunic ' done by himself but by another the letter of excommunication was annulled for the Bishop ought to have certified his own act and not the act of another Hillarii 21 Hen. 8. Rot. 37. it appeareth by the return of an Habeas corpus that Iohn Parker was committed to prison for security of the peace and for suspicion of felony as per mandatum Domini Regis nunciatum per Robertum Peck de Cliffords Inne and upon his return Iohn Parker was bailed for the return Commiss fuit per speciale mandatum domini Regis nunciatum per Robertum Peck was not good insomuch that it was not a direct return that he was committed per mandatum Domini Regis And for the first point I conclude that this return is insufficient in form insomuch that it doth not make a precise and direct return that he was committed and detained by the speciall command of the King but onely as he was signified by the warrant of the Lords of the Councell which will not serve the turn and upon the book of 9 Hen. 6. 44. the return of the cause of a mans imprisonment ought to be precise and direct upon the Habeas corpus insomuch as thereby to be able to judge of the cause whether it be sufficient or not for there may not any doubt be taken to the return be it true or false but the Court is to accept the same as true and if it be false the party must take his remedy by action upon the case And as concerning the matter of the return it will rest upon these parts First whether the return be that he is detained in prison by speciall commandment of our Lord the King be good or not without shewing the nature of the commandment or the cause whereupon the commitment is grounded in the return The second is whether the time of the first commitment by the commandment of the King not appearing to the Court is sufficient to detain him in prison Thirdly whether the imprisonment of the subjects without cause shewed but onely by the commandment of the King be warantable by the laws and statutes of this Realm As unto the first part I find by the books of our law that commandments of the King are of severall natures by some of which the imprisonment of a mans body is utterly unlawfull and by others of them although the imprisonment may be lawfull yet the continuance of him without bail or mainprise will be utterly unlawfull There is a verball command of the King which is by word of mouth of the Kings onely and such commandment by the King by the books of our law will not be sufficient either to imprison a man or to continue him in prison 16. 6.
commitment by the command of the King were lawfull yet when he hath continued in prison by such reasonable time as may be thought fit for that offence for which he is committed he ought to be brought to answer and not to continue still in prison without being brought to answer For it appears by the Books of our Laws that liberty is a thing so favoured by the Law that the Law will not suffer the continuance of a man in prison for any longer time then of necessity it must and therefore the Law will neither suffer the party Sheriffs or judges to continue a man in prison by their power and their pleasure but doth speed the delivery of a man out of prison with as reasonable expedition as may be And upon this reason it is resolved in 1 2 El. Dyer 175. 8 E d. 4. 13. That howsoever the Law alloweth that there may be no term between the rest of an originall Writ and the return of the same where there is onely a summons and no imprisonment of the body yet it will not allow that there shall be a term between the rest of a Writ of Capias and the return of the same where the body of a man is to be imprisoned insomuch that it will give no way that the party shall have no power to continue the body of a man imprisoned any longer time then needs must 39 E. 3. 7. 10 H. 7. 11. 6 E. 4. 69. 11 E. 4. 9. 48 E. 3. 1. 17 E. 3. 1 2 Hen. 7. Kellawaies Reports do all agree that if a Capias shall be awarded against a man for the apprehending of his body and the Sheriffe will return the Capias that is awarded against the party a non est inventus or that languidus est in prisona yet the Law will allow the party against whom it is awarded for the avoiding of his corporall pennance and dures of imprisonment to appear gratis and for to answer For the Law will not allow the Sheriffe by his false return to keep one in prison longer then needs must 38 Ass. pl. 22. Brooks imprisonment 100. saith That it was determined in Parliament that a man is not to be detained in prison after he hath made tender of his fine for his imprisonment therefore I desire your Lordship that Sir Iohn Corbet may not be kept longer in durance but be discharged according to the Law The substance of the Objections made by Mr. Attorney General 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 Iudges in former times touching the Liberty of the person of every Freeman and the Answers and Replies then presently made by the House of Commons to these objections AFter the first conference which was desired by the Lords and had by a Committee of both houses in the painted Chamber touching the Reasons Laws Acts of Parliament and Presidents concerning the Liberty of the person of every Freeman M r Attorney General being heard before the Committee of both houses as it was assented by the house of Commons that he might be before they went up to the conference after some preamble made wherein he declined the answering all Reasons of 〈◊〉 and Acts of Parliament came onely to the Presidents used in the Argument before delivered and so endeavoured to weaken the strength of them that had been brought in behalf of the subjects to shew that some other were directly contrary to the Law comprehended in the Resolutions of the house of Commons touching the bailing of Prisoners returned upon the writ of Habeas Corpus to be committed by the special command of the King or the Councel without any cause shewed for which by Law they ought to be committed And the course which was taken it pleased the Committee of both houses to allow of was that M r. Attorney should make his Objections to every particuler President and that the Gentlemen appointed and trusted herein by the house of Commons by several Replies should satisfie the Lords touching the Objections made by him against or upon every particular as the order of the Presidents should lead them he began with the first 12. Presidents that were used by the house of Commons at the conference delivered by them to prove that Prisoners returned to stand so Committed were delivered upon bail by the Court of Kings Bench The first was that of Bildstones case in the 18. Edw. 3. Rot. 33. Rex To this he Objected First that in the return of him into the Court it did not appear that this Bildstone was committed by the Kings command and Secondly that in the Record it did appear also that he had been committed for suspicion of counterfaiting the great Seal and so by consequence was bailable by the Law in regard there appeared a Cause why he was committed in which case it was granted by him as indeed it was plain and agreed of all hands that the Prisoner is bailable though committed by Command of the King and he said that this part of the Record by which it appeared he had been committed for suspicion of treason was not observed to the Lords in the Argument before used and he said also to the Lords that there were three several kinds of Records by which the full truth of every award or bailing upon a Habeas Corpus is known First the remembrance Roll wherein the award is given Secondly the file of the writt and the return and Thirdly the Scruect or Scruet finium wherein the baile is entered and that onely the remembrance Roll of this Case was to be found and that if the other two of it were extant he doubted not but that it would appear also that upon the return it self the Cause of the Commitment had been expressed and so he concluded that this proved not for the house of Commons touching the Matter of bail where a Prisoner was committed by the Kings special command without Cause shewed To this Objection the reply was First that it was plain that Bildstone was committed by the Kings express Command For so the very words of the Writt are to the Constable of the Tower quod cum tenendum Custodiae facias c. then which nothing can more fully express a Commitment by the Kings command Secondly how ever it be true that in the latter part of the Record it doth appear that Bâ—â—stone had been Committed for suspicion of Treason yet if the times of the proceeding expressed in the Record were observed it would be plain that the Objection was of no force for this one ground both in this Case and all the rest is infallible and never to be doubted of in the Law Nota. That Justices of every Court adjudge of the force and strength of a return out of the body of it self onely and as therein it appears Now in Easter term in the
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
and a Bill against buying or selling of places of Judicature Mr. Kirton moved That a time may be appointed to take into consideration the business of Tonnage and Poundage Sir Walter Earl secondeth his motion that all the world may know that we will give to God that which is Gods and to Cesar that which is Cesars and to our Countrey that which is theirs Sir Walter moveth That the Merchants may have their goods and that his Majestie may be moved therein It is Ordered That the House on Tuesday next in a Committee shall take into consideration the business of Tonnage Poundage and all things incident thereto Mr. Shervill is nominated to take the Chair of the Committee Sir Rober Phillips REported from the Committee for Course of Justice A Petition of Complaints was exhibited by Mr. Noell a Member of this House against Sir Ed. Moseley Attorney of the Dutchie Court and his man in point of injustice That Moseley covenanteth that his man Brograve should have 80 pounds and then he should have an Injunction but the Chancellor having Intimation thereof prevented the same yet after by Covenant Moseley procured his man 50 pounds That this was an ordinarie course cited many particulars that Moseley would in his private Chamber adde to Orders or detract from them or that was for the King or against the King as men would come off to him This is referred to a Committee to be examined Mr. Selden REported from the examination of Allen for so much as concerneth the Priviledge of this House by the first and third Article against him This justified by a Letter written by Allen to Mr. Barton the Puritan faction denied supply like Water-men provoked to War rowed another way for his Author of this he produceth a book set forth by King Iames in the 19 year of his Reign Pag. 13. to shew how the Puritan faction be clear by mentioning the particular Members of the Commons House and Pag. 5. in the same Pag. all which they cloke with Religion and when he had boldly insisted on these he said I pray note it It is not this Parliament I speak of it was another Sir Robert Phillips THat he may be sent to the Tower and that he may stand in some publick place with a Paper declaring the cause or such other punishment as the House shall think fit Mr. Pym THat other matter of greater importance being under examination he may for the present rest in custodie and I doubt not but there is matter sufficient to inflict further punishment Ordered that Allen shall first answer his contempt at the Committee for Religion on Munday next Mr. Shervile THat the Committee for Pardons is sine die therefore he moveth for another day whereupon there is order to meet this afternoon Mr. Selden reported the draught of Mr. Mountagues interlined Pardon concerning the Additions more than an ordinarie Coronation Pardon except sundrie causes depending in the three Courts in Westminister-hall and the High Commission Court For Manwering all offences for time past and for time to come Sir Iohn Stanhope MOveth That one Lynne a Member of this House and Secretary to the Bishop of Winchester may look on the Pardon and be injoyned to declare whether he know the hand or no. Mr. Lynne declareth the interlined particulars to be part his Lords hand and part his own hand by his Lords command yet some of the interlined particulars he knew not the hand Sir Nathaniel Ritch thanked this Gentleman for dealing clearly with the House and saith for his encouragement he deserveth thanks from the whole House Sir Iohn Elliot moveth That a select Committee may extract a charge against the Bishop of Winchester that we may have judgement against him Sir Daniel Norton THat a Doctor of Divinitie in the Bishop of Winchesters Diocess a very grave Divine Doctor Moor the Bishop of Winchester said to him he had heard him often preach against Poperie before the Kings Majestie which was very pleasing to the King but now he must not The Doctor answers he must if it comes in his way said the Bishop you must not and further your Tables in the Quier stand as in an ale-house The Doctor replied they stood according to Law sayes the the Bishop there be Articles to the controove said the Doctor the Register found it contrary saying Your Tables at Winchester stood as Altars Sir Robert Phillips THus you see how truth in the discoverie doth grow upon us And now you see how the introducing Ceremonies at Durham doth arise and now you see the greatest aspersion laid on his Majestie that ever I heard of and now I am confident the Bishop of Durham procured the Kings hand to the Pardons Chancellor of the Dutchie THis trencheth high to the person of the King and I am glad to hear it and shall be more glad to see it proved Sir Thomas Heale SAith he heard these words from Doctor Moores own mouth and asking if he would prove this in Parliament he said he would maintain it with his life Mr. Valentine SAith That this Bishop hath a Chaplain in Grantham that preached they were all damned that refused the Loan and that he hath made a great combustion in placing the Communion Table there The Speakers Letter is to go for Doctor Moore Munday 9. A Petition in complaint of the Post-Masters Patent of London which is referred to a Committee Mr. Speaker delivered from Mr. Attorney a Warrant in writing of his proceedings in Cosens business Mr. Iohn Elliot reported from the Committee for examination of the Merchants business that the Committee finding Sheriff Acton in prevarications and contradictions in his examinations which is conceived to be a contempt of this House desires he may be sent for to answer his contempt Mr. Godwin saith the Sheriff acknowledgeth his error and humbly desireth so much favour that he may once again be called before the Committee and if then he give not full contentment by his answer he will refer himself to the wisdome and justice of the House Mr. Walter secondeth this Motion so did Alderman Molson Secretarie Cook Chancellor of the Dutchie c. but his abuse being declared to be so great and so gross and that he had so many times given him to recollect himself and that he being so great an Officer of so great a Citie had had all the favour that might be and yet rejected the â—ame and carried himself in a very scornfull manner wherefore it is Ordered that he shall be sent for to the House as a Delinquent to Morrow morning Iones the Printer and his Councel are called in to argue the business of Mr. Mountagues Episcopal Confirmation First Quere Whether the exceptions be Legal Secondly whether the Confirmation be good The last is the point now in hand to which the House enjoyned the Councel to speak The Councel proposed a Third Quere What will be the fruit or effect oâ— it if in Law the Confirmation prove void
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 the Communion Tables stood as Tables in Ale-houses but he would have them to be set as High Altars Dr. Moor is to deliver these things in writing to Morrow morning At the Committee for Religion SIr William Bawstrod If we now speak not we may for ever hold our peace when besides the Queens Mass there are two other Masses dayly so that it is grown ordinarie with the out-facing Iesuits and common in discourse Will you go to Mass or have you been at Mass at Somerset-house there coming 500 at a time from Mass. Desires to know by what authoritie the Iesuits lately in Newgate were released Mr. Corington Doubts not but his Majesties intention was good in the Declaration lately published but I conceive it will be made use of onely to our disadvantage that therefore the Declaration made be taken into consideration Sir Richard Gravenor REports the proceedings of this House against Poperie the last Sessâ—â—â— and what fruits have been thereon Sir Rober Phillips If ever there were a necessitie of dealing plainly and freely this is the time There is an Admission of Priests and Iesuits as if it were in Spain or France thâ—s increase of Papists is by connivance of persons in Authoritie Nine hundred and fourtie persons in houses of Religion being English Irish and Scots in the Netherlands maintained by the Papists of England and of this I shall deliver the particulars that we may frame a Remonstrance to the King that unless there be some better performance of his Majesties late answers to so many Petitions our Religion will be past recoverie Mr. Corington That the Papists by Act of Parliament or Laws of State may be removed from their offices which we have just cause to suspect Mr. Selden moveth that these things may be debated in order and first for releasing the Iesuits that were arraigned at Newgate whereof one was condemned they were 10 in number which were Priests who had begun a Colledge here in London about Clarkenwell and these men could not attempt these acts of boldness But they must have great countenancers Secretarie Cook THat a Minister who is said to be himself having notice of these 10 and this Colledge intended to be kept at Clarkenwell That it is plain there was a place appointed for this Colledge and Orders and Relicts prepared This Minister made the King acquainted with it and I should not do my dutie if I should not declare how much his Majestie was affected with it His Majestie refers it to the special care of the Lords of the Councell who examining the same sent these ten persons to Newgate and gave order to Mr. Attorney to prosecute the Law against them That this Colledge was first at Eâ—monton removed from thence to Camerwell and thence to Clerkenwell Ordered That all the Knights and Burgesses of the House shall to Morrow morning declare their knowledge what Letters or other hinderances have been for the staying of proceedings against Recusants Mr. Long a Justice of Peace who is said to understand much in the business of the Colledge of Iesuits at Clarkenwell is sent for and examined saith by the appointment of Mr. Secretarie Cook he apprehended these persons and took their Examinations and saith further he heard they were delivered out of Newgate by order from Mr. Attorney That Mr. Middlemore or General Soliciter for the Papists hired this house for the Lord of Shrewsbâ—rie a Papist and that there are diverse books of account of payments and disbursments to the value of 300 pounds per Annum with diverse Recusants names who allowed towards the maitenance of this Colledge and these books and papers are in the hand of Mr. Secretary Cook Secretarie Cook saith he cannot so amply declare the truth of the proceedings herein untill he have leave from his Majestie One Cross a Pursevant is to be examined upon oath who declareth he could discover diverse stoppages of the execution of the Laws against Recusants Saturday 14. A Complaint against the Lord Lambert a Baron of Ireland and a Member of this House who being a Colonel of Souldiers in Midd. hath imposed Four pence upon every Souldier towards his Officers Charges and the Petitioner for refusing to pay was first set in the Stocks and after by the Lord Lambert committed to a Publick prison It is Ordered that the Lord Lambert shall be sent for to answer this Sir Iohn Epsley desireth leave to answer a Complaint that is in the Lords house of Parliament against him Mr. Selden That the use was and citeth Presidents that no Commander could be called to the Lords House but it will trench much to the disadvantage of the Priviledge of this House and untill 18. Iac. there was never President to the contrarie That therefore this may be considered of by a select Committee Ordered that Sir Iohn Epsley shall not have leave Mr. Chancellor of the Dutchie stifly secondeth Mr. Seldens Motion Mr. Secretarie Cook I am as carefull to maintain a good correspondencie with the Lords as any man but connivances in this kind may overthrow the fundamental Rights and Liberties of this House Let it therefore seriously be considered of for this not onely concerneth the Right of this House but the Libertie of the Common-wealth Ordered a select Committee shall be appointed to consider this Mr. Chancellor of the Dutchie delivereth an answer in writing from the Lord Chancellor Trer. and Barons to the Message sent to them Mr. Kirton WE looked for Satisfaction but now you see a Justification of their actions I therefore desire now we may proceed to consider of their proceedings and whether ever the Court of Exchequer held this course before for staying of Replevies and whether these have been done by the Regal Prerogative of the King in his Court of Exchequer It is Ordered that a select Committee of Lawyers Chequer-men shall take this into consideration Mr. Selden We have delayed the proceeding with the Customers expecting some good success from the Chequer but finding it otherwise I desire the Customers may be called
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