his Majesty and so they put him upon designes that stand not with publick liberty that he commands what he lifts with Lives Goods and Religion and doth as he pleaseth and so they involve all true hearted English-men and Christians under the name of Puritans and so make their quarrel to be his Majesties which is treason of the highest quality Tuesday 27. A Petition was exhibited concerning one Lewis that said about the 25 of December The Devill take the Parliament which was avowed by 2 witnesses It was resolved to be an offence to the Parliament and it was ordered he should be sent for SIr Nathaniel Rich tendered a Petition touching the Fast which was agreed to be preferred to the King It was ordered that a conference should be desired with the Lords about this Petition who were desired to joyn with the lower House which was done accordingly THe King sent a Message by Secretary Cooke to this effect viz. That his Majesty understanding that the Remonstrance was called for to take away all question commanded me to deliver it to you but hopeth that you proceed with the Bill of Tonnage and Poundage and give precedence to that business and to give an end to further dispute between some of his Subjects or else he shall think his Speech that was with a good applause accepted had not that good effect which he expected But before his Messege there was a report made by Mr. Pym for a Committee for Religion where a motion was made about the Remonstrance the last Session concerning that part which toucheth Religion and the Clark answered that by command from the King he delivered it to the Lord Privy Seal and so the Committee proceeded no farther SIr Walter Earl replied to the Message The last part of the Message calls me up For point of precedency Religion challeâ—geth the precedence and the right of our best endeavors Vbi dolor ibi digitus I know justice and liberty is Gods cause but what will justice and liberty do when Popery and Arminianisme joyn hand in hand together to bring in a Spanish Tyranny under which those Laws and liberties must cease What hath been done for Religion since the last Session We know what declarations have been made what persons have been advanced what truthes confirmed by all Authority of Church Councels and King For my part I will forgo my life and estate and liberty rather than my Religion And I dare boldly affirm that never was more corruption between Religion and matters of state than is at this present time Humana consilia castigantur ubi coelestibus se praeferunt Let us hold our selves to method and that God that carried us through so many difficulties the last Parliament Session will not be wanting to us now Mr. Corrington LEt us not do Gods work negligently We receive his Majesties Message withall duty for our proceedings let us so proceed as it may soonest conduce to his Majesties desire Unity concerns all of us the unity of this house is sweet especially in Gods cause let us cry and cry again for this let us be resolved into a Committee and presently fall to debate thereof UPon Mr. Pyms motion It was ordered that Religion should have the precedency and that the particulars before named should be taken into consideration by a Committee of the whole House Wensday 28. Secretary COOKE delivered another Message from his Majesty HIs Majesty upon occasion of dispute in this House about Tonnage and Poundage was pleased to make a gracious declaration wherein he commended unto us the speedy finishing thereof and to give precedency thereto and since his Majesty understanding the preferring the Cause of Religion his Majesty expected rather thanks than a Remonstrance yet he doth not interrupt you so you do not intrench upon that which doth not belong unto you But his Majesty still commanded me to tell you that he expects precedency in Tonnage and Poundage assuring himself he hath given no occasion to put it back and so you will not put it off To this Mr. Long replied I Cannot see but with much sorrow how we are still presed to this point I hoped those near the Chair would have truly informed his Majesty of our good intentions but we see how unhappy we are still some about his Majesty makes him diffident of us Sir Thomas Edmonds I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage after his Majesty hath given us a full satisfaction You may perceive his Majesty is sensible of the neglect of his business we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you Your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his Fathers time and since that what enlargement he hath made of our liberties and yet still we give him cause to repent him of the good he hath done Consider how dangerous it is to Alienate his Majesties heart from Parliamens Mr. Corington When men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean I see not how we do neglect the same I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time our business is still put back by these Messages and the business in hand is of God and his Majesty Things are certainly amiss and every one sees it and wo be to us if we present them not to his Majesty Sir Iohn Elliot His Speech to the same effect IT was ordered that a Committee should be appointed to pen an Answer to his Majesties Message and shew that it is their resolution to give him all expeditions in his service and that they hold it fit not onely to give him thanks but further to shew what perill we are in and that Tonnage is their own gift and it is to arise from themselves and that they intend not to enter into any thing that belongs not unto themselves Thursday 29. THe former part of the day was spent in dilating of the transportation of corn and victuals into Spain and it was ordered that Message should be sent to his Majesty that it is now evident that diverse ships are bound for Spain and to desire a stay of them After the House sat at a Committee about Religion after long debate it was resolved by the Commons-House as before Friday 30. THe House received an answer from his Majesty touching the Ships which was that he would consider of it and send them an answer in due time Also this day a Committee of the Lower-House went to the King in the Privy-Chamber with the Petition for the Fast and the Arch-Bishop of York after he had made a short Speech presented it to his Majesty in the name of both Houses To which the King answered Munday Febr. 2. THe Lower-House presented a declaration
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
courages but to presse to provision worthy the wisdome of a Parliament And for that cause his Majestie hath called you hither that by a timely provision against those great imminent dangers our selves may be strengthened at home our Friends and Allies incouraged abroad and those great causes of feare scattered and dispelled And because in all warlike preparations Treasure bears the name and holds the semblance of the nerves and sinewes and if a sinew be too short or too weak if it be either shrunk or strained the part becomes unusefull it is needfull that you make a good and timely supply of treasure without which all counsells will prove fruitlesse I might presse many reasons to this end I will but name few First for his Majesties sake who requires it great is the duty which we owe him by the law of God great by the law of Nature and our own Allegeance great for his own merit and the memory of his ever blessed Father I do but point at them but me thinks our thoughts cannot but recoyle on our consideration touched by his Majestie which to me seemes to sound like a Parliamentarie part or Covenant A Warre was advised here Assistance professed yea and protested here I do but touch it I know you will deeply think on it and the more for the example the King hath set you his Lands his Plate his Jewells he hath not spared to supply the War what the People hath protested the King for his part hath willingly performed Secondly for the Cause sake it concernes us in Christian Charity to tender the distresses of our Friends abroad it concernes us in honour not to abandon them that have stood for us and if this come not close enough you shall finde our Interest so woven and involved with theirs that the Cause is more ours then theirs If Religion be in perill wee have the most flourishing and orthodoxe Church if Honour be in question the steps and monuments in former ages will shew that our Ancestours have left us as much as any Nation if Trade Commerce be in danger we are Islanders it is our life all these at once lye at stake and so doth our safety and being Lastly in respect of the manner of his Majesties demand which is in Parliament the way that hath ever best pleased the subjects of England and good cause for it for Aides granted in Parliament work good effects for the People they be commonly accompanied with wholesome Lawes gracious Pardons and the like Besides just and good Kings finding the love of their people and the readinesse of their supplies may the better forbear the use of their Prerogatives and moderate the rigour of the Lawes towards their Subjects This way as his Majestie hath told you he hath chosen not as the onely way but as the fittest not as destitute of others but as most agreeable to the goodnesse of his own most gracious disposition and to the desire and weâ—le of his people If this be deferred Necessity and the Sword of the Enemy make way to the others Remember his Majesties admonition I say remember it Let me but adde and observe Gods mercy towards this land above all others the torrent of Warre hath overwhelmed other Churches and Countries but God hath hitherto restrained it from us and still gives us warning of every approaching danger to save us from surprize And our gracious Sovereign in a true sense of it calls together his High Court of Parliament the lively representation of the wisdome wealth and power of the whole Kingdome to joyn together to repell those hostile attempts which have distressed our Friends and Allies and threatned our selves And therefore it behoves all to apply their thoughts unto Counsell and Consultations worthy the greatnesse and wisdome of this Assembly to avoid discontents which may either distemper or delay and to attend that unum necessarium the common Cause propounding for the scope and work of all the debates the generall good of the King and Kingdome whom God hath joyned together with an indissoluble knot which none must attempâ— to cut or untie And let all by unity and good accord endeavour to pattern this Parliament by the best that have been that it may be a pattern to future Parliaments and may infuse into Parliaments a kinde of multiplying power and faculty whereby they may be more frequent and the King our Sovereign may delight to sit on this Throne and from hence to distribute his graces and favours amongst his people His Majestie hath given you cause to be confident of this you have heard from his royall mouth which neverthelesse he hath given me expresse command to redouble If this Parliament by their dutifull and wise proceedings shall but give this occasion his Majestie will be ready not onely to manifest his gracious acceptation but to put out all memory of those disasters that have troubled former Parliaments I have but one thing to adde and that is As your consultations be serious so let them be speedy The Enemy is beforehand with us and flies on the wings of Successe we may dallie and play with the houre-glasse that is in our powers but the houre will not stay for us and an opportunity once lost cannot be regained And therefore resolve of your Supplies that they may be timely and sufficient serving the occasion Your Counsel your Aid all is but lost if your Aid be either too little or too late And his Majestie is resolved that his affaires cannot permit him to expect it overlong And now having delivered what his Majestie hath commanded me concerning the cause of this Assembly his Majestie willeth that you of the House of Commons repaire to your owne House to make choice of a Speaker whom his Majestie will expect to be presented unto him on Wednesday next at two of the clock The Speaker Sir John Finches Speech March 19. 1627. Most Gracious Sovereign YOur obedient and loyall Subjects the Knights Citizens and Burgesses by your royall Summons here assembled in obedience to your gracious direction according to their antient usage aud priviledge have lately proceeded to the choice of a Speaker and whether fequestring their better Judgements for your more weighty affairs or to make it known that their honour and wisdome can suffer neither increase nor diminution by the value or demerits of any one particular Member in what place soever serving them omitting others of worth and ability they have fixed their eyes of favour and affection on Mee Their long knowledge of my unfitnesse every way to undergo a charge of this important weight and consequence gave mee some hope they would have admitted my just excuse yet for their further and clearer satisfaction I drew the curtains and let in what light I could upon my owne inmost thoughts truely and really discovering to them what my self best knew and what I most humbly beseech your royall Majestie to take now into consideration that of so many hundreds
Assembly so that you are secure not onely from wilfull and pregnant errours but from doubt of sinister interpretation My Lord the King is as an Angel of God of a quick of a noble and just apprehension he straines not at gnats he will easily distinguish between a vapour and a fogg between a mist of â—rrour and a cloud of evill right he knowes if the heart be right Out of the abundance of the heart the mouth speakes You proceed to a survey of the lustre of this great and glorious Assemblie and in that as in a curious Crystall you observe the true happinesse which we all here enjoy You have distributed and divided aright and whosoever sees it otherwise hath an evill eye or a false glasse We have enjoyed it long through the happy meanes of gracious and good Princes and the way to enjoy it still is to know and heartily to acknowledge it and that God hath not done so to any other Nation It is a prime cause or meanes of this our happinesse You mention the forme of Government under which we live a Monarchie and the best of Monarchies where Sovereignty is hereditarie no Inter-Regnum nor competition for a Crown Descent and Succession are all one The Spirit of God by the mouth of the wisest of Kings long since proclaimed this happinesse Blessed art thou O Land where thy King is the son of Nobles The frames of other States are subject some to inconstant Levitie some to Faction some to Emulation and Ambition and all to manifold Distempers in which the People go to wrack The Monarchie is most naturall and in it Unity is the best cement of all government principally in respect of the unity of the Head which commands the rest And therefore other States when they have tryed a while doe for the most part resolve into this as into the best for Peace for Strength and for Continuance But formes of other governments though never so exact move not of themselves but are moved of their governours And therefore our Monarchie as you have truly said this glorious Assemblie the lively image and representation of our Monarchie is made happy and perfect by the Royall Presence that sits here in his highest Royal Throne the Throne of the Law-giver glorious in it selfe glorious by those happy Lawes and Oracles which have issued from it and most glorious by them that sit on it his Majestie and his Royall Progenitours incomparable Kings that with so much honour have swayed the Sceptre of this Kingdome so many successions of Ages In the next place after the Throne of Majestie you look into the Chaire of Doctrine the reverend Prelates and upon the state of Religion their proper charge This is the blessing of all blessings the priviledge and assurance that secures us of all the rest that as our Religion is most sincere and orthodoxe so our Clergie is eminent both for purity of Doctrine and integritie of Life our Priests are clothed with righteousnesse and their lips preserve knowledge and therefore God's Saints may and doe sing with joyfulnesse I must joyn with you in attributing this transcendent blessing to us as in the first place to God's goodnesse so in the second to his Majestie 's piety who following the steps of his ever-blessed Father is carefull that all the Lamps of the Church may be furnished with Oyle and especially those which are set on golden Candle-sticks with the purest and best oyle The Schools also and nurceries of Learning never so replenished especially with Divinity as in this last Age as they all shew his Majestie 's Piety so are they infallible Arguments of his Constancy The triall which you call the fierie triall undergone by his Majestie in the place of danger and again the power and policie of Rome and Spaine hath approved his resolution inimitable and his own remarkable example in his closet and his chamber his strict over-sight of and command to his Houshold servants and his charge to his Bishops and Judges his Edicts his Proclamations and Commissions and the like for the execution of the Lawes and his general care to preserve the fountain pure both from Schisme and Superstition are faire fruits and effects of a pious and zealous resolution From the chaire of Doctrine you turn to the state of Honour unto the Nobles and Barons of England These are Robur belli who for the service of the King and Kingdome are to make good with their Swords what the Church-men must hallow and blesse by their Prayers And therefore as the Prelates are the great Lights of the Church so the Nobility are the Starres of the State and you know that the starres have fought and fought powerfully against the enemies of God From the state of Honour you come to the state of Justice and to the twelve Lyons under Solomon's Throne the Iudges and Sages of the Law and as their peculiar charge intrusted to them by our Sovereigne the Lawes of the Kingdome Lawes undoubtedly fitted to the constitution of this people for Leges Angliae and Consuetudines Angliae are Synonyma and Confuetudo est alter a natura so as besides the justnesse and rightnesse of the Lawes they are become naturall to our people and that is one of the powerfullest meanes which begetteth obedience and such Lawes in the mouthes of learned and upright Judges are like waters in a pure chanel which the fairer it runs the clearer they run and produce that whereof Solomon speaks Prov. 29. 2. When the righteous are in authority the People rejoyce From the Law you passe to the Knights Citizens and Burgesses and the third Estate who represent the Commons of England in whom the Scripture is verified In the multitude of People is the Kings honour and therefore you may be sure that distance of place and order breeds no distance in affection for wise Kings everlay their honour next to their hearts Kings are Pastores populi and the Shepherds care is nothing lesse to the furthest then to the next part of his Flock and it is asmuch towards the least of his Lambs as towards the greatest Cattel And as in the Natural bodie no member is so remote but it is still within the care of the head so in this great Politick bodie of the Kingdome no ranck or order of People so low is at such distance from the Throne but it dayly feeles the influence and benefit of the Kings care and protection And to say the truth in a well-governed Kingdome the superiour rancks of Nobles of Judges and of Magistrates are not ordained for themselves but as conduits for the Kings justice protection and goodnesse to the lower rancks of his People And as the People are so its just cause they should be constant to the Poles of Love and Loyalty And thus having perused both Houses by divided parts joyn them together and in that juncture you believe truly and materially that the greatest denyal of their joynt requests is The King
made to the King and Lords which is against the statute made in the 25 Ed. 3. c. 4. 42 E. 3. c. 3. By the Statute 25 Ed. 3. cap. 4. It is ordained and established that no man from henceforth shall be taken by petition or suggestion made to the King or his Councell but by indictment or course of Law and acordingly it was enacted 42 E. 3. c. 3. the title of which statute is None shall be put to answer an accusation made to the King without presentment Then my Lord it being so although the cause should not need to be expressed in such manner as that it may appear to be none of these causes mentioned in the statute or else the Subject by this return loseth the benefit and advantage of these Laws which be their birth-right and inheritance but in this return there is no cause at all appearing of the first commitment and therefore it is plain that there is no cause for your Lordship to remand him but there is no cause you should deliver him since the writ is to bring the body and the cause of the imprisonment before your Lordship But it may be objected that this writ of Habeas Corpus doth not demand the cause of the first commitment but of the detaining onely and so the writ is satisfied by the return for though it shew no cause of the first commitment but of detaining onely yet it declareth a cause why the Gentleman is detained in prison this is no answer nor can give any satisfaction for the reason why the cause is to be returned is for the Subjects liberty that if it shall appear a good and sufficient cause to your Lordship then to be remanded if your Lordship think and finde it insufficient he is to be enlarged This is the end of this writ and this cannot appear to your Lordship unlesse the time of the first commitment be expressed in the return I know that in some cases the time is not materiall as when the cause of the commitment is and that so especially returned as that the time is not materiall it is enough to shew the cause without the time as after a conviction or triall had by Law But when it is in this manner that the time is the matter it self for intend what cause you will of the commitment yea though for the highest cause of treason there is no doubt but that upon the return thereof the time of it must appear for it being before triall and conviction had by Law it is but an accusation and he that is onely accused and the accusation ought by Law to be let to bail But I beseech your Lordship to observe the consequence of this Cause If the Law be that upon this return this Gentleman should be remanded I will not dispute whether or no a man may be imprisoned before he be convicted according to the Law but if this return shall be good then his imprisonment shall not continue on for a time but for ever and the Subjects of this Kingdome may be restrained of their liberties perpetually and by Law their can be no remedy for the Subject and therefore this return cannot stand with the Laws of the Realm or that of Magna Charta Nor with the statute of 28 Ed. 3. ca. 3. for if a man be not bailable upon this return they cannot have the benefit of these two Laws which are the inheritance of the Subject If your Lordship shall think this to be a sufficient cause then it goeth to a perpetuall imprisonment of the subject for in all those causes which may concern the Kings Subjects and are appliable to all times and cases we are not to reflect upon the present time and government where justice and mercy floweth but we are to look what may betide us in the time to come hereafter It must be agreed on all sides that the time of the first commitment doth not appear in this return but by a latter warrant from the Lords of the Councell there is a time indeed expressed for the continuing of him in prison and that appeares but if this shall be a good cause to remand these Gentlemen to prison they may lie there this seven yeares longer and seven yeares after them nay all the dayes of their lives And if they sue out a writ of Habeas corpus it is but making a new warrant and they shall be remanded and shall never have the advantage of the Laws which are the best inheritance of every Subject And in Ed. 6. fol. 36. the Laws are called the great inheritance of every Subject and the inheritance of inheritances without which inheriritance we have no inheritance These are the exceptions I desire to offer to your Lordship touching the return for the insufficiency of the cause returned and the defect of the time of the first commitment which should have been expressed I will not labour in objections till they be made against me in regard the sttatute of Westminster primo is so frequent in every mans mouth that at the Common Law those men that were committed in four cases were not replevisable viz. those that were taken for the death of a man or the commandment of the King or his Justices for the forest I shall speak something to it though I intend not to spend much time about it for it toucheth not this Case we have in question For that is concerning a Case of the Common Law when men are taken by the Kings writs and not by word of mouth and it shall be so expounded as Master Stamford fol. 73. yet it is nothing to this Case for if you will take the true meaning of that statute it extends not at all to this writ of Habeas corpus for the words are plain they shall be replevisable by the Common writ that is by the writ de homine replegiando directed to the Sheriffe to deliver them if they were baileable but the Case is above the Sheriffe and he is not to be Judge in it whether the cause of the commitment be sufficient or not as it appears in Fitz Herbert de homine replegiando and many other places and not of the very words of the statute this is clear for thereby many other causes mentioned as the death of a man the commandment of the Justices c. In which the statute saith men are not replevisable but will a man conceive that the meaning is that they shall not be bailed at all but live in perpetuall imprisonment I think I shall not need to spend time in that it is so plain let me but make one instance A man is taken de morte hominis he is not baileable by writ saith this statute that is by the common writ there was a common writ for this Case and that was called de odio acia as appeareth Bracton Coron 34. this is the writ intended by the statute which is a common writ and not a speciall writ But my
18. Edward 3. he was returned and brought before them as Committed onely by the Writt wherein noe Cause is expressed and the Leivetenant the Constable of the Tower that brought him into the Court saies that he had no other warrant to detain him Nisi breve predictum wherein there was no mention of any Cause the Court thereupon adjudged that breve predictum for that speciall command was not sufficient causa to detain him in prison and thereupon he is by judgment of the Court in Easter term let to Mainprize But that part of the Record wherein it appears that he had indeed been committed for suspicion of Treason is of Trinity term following when the King after the letting of him to Mainprize sent to the Judges that they should discharge his Mainprize because no man prosecuted him And at that time it appears but not before that he had been in for suspicion of Treason so that he was returned to stand committed by the Kings special command onely without Cause shewed in Easter term And then by judgment of the Court let to Mainprize which to this purpose is but the same with bail though otherwise it differ And in the term following upon another occasion the Court knew that he had been committed for suspicion of Treason which hath no relation at all to the letting of him to Mainprize nor to the judgement of the Court then given when they did not nor could possible know any Cause for which the King had committed him And it was said in behalf of the house of Commons that they had not indeed in the Argument expresly used this latter part of Bildstones Case because it being onely of Trinity term following could not concern the reason of an Award given by the Court in Easter term next before yet notwithstanding that they had most faithfully at the time of their Argument delivered into the Lords as indeed they had a perfect coppy at large of the whole Record of this Case as they had done also of all other presidents whatsoever cited by them in so much as in truth there was not one president of Record of either side the coppy whereof they had not delivered in likewise nor did M r. Attorney mention any one besides those that were so delivered in by them And as touching those 3. kinds of Records the remembrance Roll the return and file of the Writt and the Scruets it was answered by the gentlemen imployed by the house of Commons that it was true that the Scruect and return of this Case of Bildstone was not to be found but that did not lessen the weight of the president because always in the Award or Judgment drawn up in the remembrance Roll the Cause whatsoever it be when any is shewed upon the return is always expressed as it appears clearly by the constant Entries of the Kings-Bench Court so that if any Cause had appeared plainly in that part of the Roll which belongs to Easter term wherein the Judgment was given but the return of the commitment by the Kings command without Cause shewed and the Judgment of the Court that the Prisoner was to be let to Mainprize appears therein onely and so notwithstanding any Objection made by M r. Attorney the Cause was maintained to be a clear proof among many others touching the resolution of the house of Commons To the second of these 12. which is Parkers Case in the 22. H. 8. Rot. 37. his Objections were two First that it is true that he was returned to be committed Per mandatum domini Regis but it appeared that this command was certified to the Shreiffs of London by one Robert Peck gentleman and that in regard that the command came no otherwise the return was held insufficient and that therefore he was bailed Secondly that it appears also in the Record that he was committed pro suspicione felloniae ac per mandatum domini Regis so that in regard that the command that in the expression of the causes of his commitment suspicion of fellony preceeds the command of the King therefore it must be intended that the Court tooke the Cause why the King committed him to be of less moment then fellony and therefore bailed him For he Objected that even the house of Commons themselves in some Arguments used by them touching the interpretation of the statute of Westminster the first cap. 15. about this point had affirmed that in enumeration of particulars those of greatest nature were first mentioned and that it was supposed that such as followed were usually of less nature or moment But the reply was to the first Objection that the addition of the certefying of the Kings command by Robert Peck altered not the Case First because the Sheriffs in their Return took notice of the command as what they were assured of and then howsoever it came to them it was of equal force as if it had been mantioned without reference to Peck Secondly as divers Patents pass the great Seal by writ of privy Seal and are subscribed Per breve de privato sigillo so diverse per ipsum Regem are so subscribed and oftentimes in the Roll of former times to the words per ipsum Regem are added nunciante A. B. So that the Kings command generally and the Kings command related or certified by such a man is to this purpose of like nature Thirdly in the late great Case of Habeas Corpus where the Return of the commitment was Per speciale mandatum Domini Regis mihi significatum per Dominos de privato Consilio the Court of Kings-Bench did agree that it was the same and of like force as if mihi significatum c. had not followed and that those words were void According whereunto here also Per mandatum Dom. Regis nunciatum per Robert Peck had been wholly omitted and void likewise And in truth in that late Case this Case of Parker was cited both at the Barr and Bench and at the Bench it was interpreted by the Judges no otherwise then if it had been onely per mandatum Domini Regis in place of it but the Objection there was made of another kinde as was delivered in the first Argument made out of presidents in the behalf of the house of Commons Therefore to the second Objection touching the course of Enumeration of the Causes in the Return it was said that howsoever in some Acts of Parliament and else where in the solemn expressions used in the Law things of greater nature preceded and the less follow yet in this Case the contrary was most plain for in the Return it appears that there were three Causes for detaining the Prisoners Surety of the peace Suspicion of Fellony and the Kings command and Surety of the peace is first mentioned which is plainly less then Fellony And therefore it is plain if any force of Argument be taken from this enumeration that the contrary to that which M r. Attorney inferred is
a Prophet prayed to Almighty God against dissimulation in these words Lord send me a sound heart in thy statutes that I be not ashamed where found in the originall signifieth upright without dissimulation and shame followeth dissimulation when the truth is known Third object If a Rebell be attainted in Ireland and his children for fafety and for matter of state be kept in the Tower what shall be returned upon the Habeas Corpus Whereunto It was answered First that their imprisonment might be justified if they could not find good sureties for their good behaviour Secondly It was charity to find them meat drink and apparell that by the Attainder of their father had nothing Fourth object Though his Majesty expresseth no cause yet it must be intended that there was a just cause Answ. De non apparentibus de non existentibus eadem ratiâ— Fifth object First The King in stead of gold or silver may make money currant of any base metall Secondly He may make warres at his pleasure Thirdly He may pardon whom he will Fourthly He may make denizens as many as he will and these were said to be greater priviledges then this in question Answ. To the first it is denyed that the King may make money currant of base metal but it ought to be gold or silver Secondly It was answered admitting the King might do itâ— his losse and charge was more then of his Subjects both in the case of money and in the case of warre The pardon was private out of grace and no man had dammage or loss by it so of the making of dâ—nizâ—ns the King was only the looser viz. to have single custome where he had double Thirdly it was a non sequitur The King may do these things ergo he may imprison at will Your Lordships are advised by them that cannot be daunted by fear nor misled by affection reward or hope of preferment that is of the dead By ancient and many Acts of Parliament in the point besides Magna Charta which hath been 30 times confiâ—med and commanded to be put in execution wherein the Kings of England have thirty times given their Royall assent Secondly Judiciall Presidents per vividas rationes manifest and apparant reasons we in the house of Commons have upon great studie and serious consideration made a grand manifesto unanimously nullo contradicente concerning this great Liberty of the subject and have vindicated and recovered the body of this fundamentall Liberty both of your Lordships of our selves from shadowes which some time of the day are long sometimes short and sometimes long again and therefore no Judges are to be led by them Your Lordships are involved in the same danger and therefore ex congruo condigno we desire a conference to the end your Lordships might make the like declaration as we have done Commune periculum communerequirit Auxilium and thereupon take such further course as may secure your Lordships and us and all your and our posterities in enjoying of our ancient undoubted and fundamentall Liberties The Argument of Sergeant Bramston upon the Habeas corpus MAy it please your Lordship to hear the return read or shall I open it Chief Iustice Hide Let it be read M r. Keeling read the return being the same as that of Sir Thomas Darnell May it please your Lordship I shall humbly move upon this return in the behalf of Sir Iohn Henningham with whom I am of Councell it is his petition that he may be bailed from his imprisonment it was but in vain for me to move that to a Court of Law which by Law cannot be granted and therefore in that regard that upon his return it will be questioned whether as this return is made the Gent. may be bailed or not I shall humbly offer up to your Lordship the case and some reasons out of mine understanding arising out of the return it self to satisfie your Lordship that these Prisoners may and as their case is ought to be bailed by your Lordship The exception that I take to this return is as well to the matter and substance of the return as to the manner and legall form thereof the exceptions that I take to the matter is in severall respects That the return is too generall there is no sufficient cause shewn in speciall or in generall of the commitment of this Gentleman and as it is insufficient for the cause so also in the time of the first imprisonment for howsoever here doth appear a time upon the second warrant from the Lords of the Councell to detain him still in prison yet by the return no time can appear when he was first imprisoned though it be necessary it should be shewen and if that time appear not there is no cause your Lordship should remand him and consequently he is to be delivered Touching the matter of the return which is the cause of his imprisonment It is expressed to be Per speciale mandatum domini Regis This is too generall and uncertain for that it is not manifest what kind of command this was Touching the Legall form of the return it is not as it ought to be fully and positively the return of the Keeper himself onely but it comes with a significavit or prout that he was committed Per speciale mandatum domini Regis as appeareth by warrant from the Lords of the Councell not of the King himself and that is not good in legall form For the matter and substance of the return it is not good because there ought to be a cause of that imprisonment This writ is the means and the onely means that the subject hath in this and such like case to obtain his liberty there are other writs by which men are delivered from restraint as that de homine replegiando but extends not to this cause for it is particularly excepted in the body of the writ de manucaptione de cantione admittenda but they lie in other cases but the writ of Habeas corpus is the onely means the subject hath to obtain his liberty and the end of this writ is to return the cause of the imprisonment that it may be examined in this Court whether the parties ought to be discharged or not but that cannot be done upon this return for the cause of the imprisonment of this Gentleman at first is so farre from appearing particularly by it that their is no cause at all expressed in it This writ requires that the cause of the imprisonment should be returned if the cause be not specially certified by it yet should it at the last be shewn in generall that it may appear to the Judges of the Court and it must be expressed so farre as that it may appear to be none of those causes for which by the Law of the Kingdome the subject ought not to be imprisoned and it ought to be expressed that it was by presentment or indictment and not upon petition or suggestion
Lord as this writ de odio acia was before this statute so it was afterwards taken away by the statute of 28 Ed. 3. cap. 9. But before that sttatute this writ did lie in the speciall Case as is shâ—wn in Brooks 9 th Reports Powlters Case and the end of this writ was that the Subject might not be too long detained in prison as till the Justices of Eyre discharged them so that the Law intended not that a man should suffer perpetuall imprisonment for they were very carefull that men should not be kept too long in prison which is also a Liberty of the Subject and my Lord that this Court hath bailed upon a suspicion of high treason I will offer it to your Lordship when I shall shew you presidents in these cases of a commitment by the Privy Councell or by the King himself But before I offer these presidents unto your Lordship of which there be many I shall by your Lordships favour speak a little to the next exception and that is the matter of the return which I find to be per speciale mandatum domini Regis 8. and what is that it is by this writ there may be sundry commands by the King we find a speciall command often in our Books as in the statute of Marlborough cap. 8. they were imprisoned Rediss shall not be delivered without the speciall command of our Lord the King and so in Bracton De Actionibus the last chapter where it appears that the Kings commandment for imprisonments is by speciall writ so by writ again men are to be delivered for in the case of Rediss ' or Post Rediss ' if it shall be removed by a Certiorare is by a speciall writ to deliver parties so that by this appears that by the Kings commandment to imprison and to deliver in those cases is understood this writ and so it may be in this case which we have heard And this return here is a speciall Mandatum it may be understood to be under some of the Kings Seals 42 Ass. and ought to be delivered and will you make a difference between the Kings command under his seal and his command by word of mouth what difference there is I leave it to your Lordships judgement but if there be any it is the more materiall that it should be expressed what manner of command it was which doth not here appear and therefore it may be the Kings command by writ or his command under his Seal or his command by word of mouth alone And if of an higher nature there is none of these commands then the other doubtlesse it is that by writ or under seal for they are of record and in these the person may be bailed and why not in this As to the legall forme admitting there were substances in the return yet there wants legall form for the writ of Habeas Corpus is the commandment of the King to the Keeper of the prisons and thereupon they are to make return both of the body and of the cause of the commitment and that cause is to appear of them who are the immediate Officers And if he doth it by signification from another that return is defective in Law and therefore this return cannot be good for it must be from the Officer himself and if the cause returned by him be good it bindes the prisoners The warrant of the Lords was but a direction for him he might have made his return to have been expresly by the Kings commandment there was a warrant for it I shall not need to put you cases of it for it is not enough that he returns that he was certified that the commitment was by the Kings command but he must of himself return this fact as it was done And now my Lord I shall offer to your Lordship presidents of divers kindes upon commitments by the Lords of the Privy Councel upon commitments by the speciall command of the King and upon commitments both by the King the Lords together And howsoever I conceive which I submit to your Lordship that our case will not stand upon presidents but upon the fundamentall Laws and Statutes of this Realm and though the presidents look the one way or the other they are to be brought back unto the Laws by which the Kingdome is governed In the first of Henry the eighth Rot. Parl. one Harison was committed to the Marshalsey by the command of the King and being removed by Habeas Corpus into the Court the cause returned was that he was committed per mandatum Domini Regis and he was bailed In the fortieth of Elizabeth Thomas Wendon was committed to the Gatehouse by the commandment of the Queen and Lords of the Councell and being removed by an Habeas Corpus upon the generall return and he was bailed In 8 Iacobi one Caesar was committed by the Kings commandment and this being returned upon his Habeas Corpus upon the examination of this case it doth appear that it was over-ruled that the return should be amended or else the prisoner should be delivered The presidents concerning the commitment by the Lords of the Councell are in effect the same with these where the commitment is by the reason why the cause of the commitment should not be shewn holds in both cases and that is the necessity of suit and therefore Master Stamford makes the command of the King and that of the Lords of the Privy Councell to be both as one and to this purpose if they speak he speaks and if he speaks they speak The presidents that we can shew you how the Subject hath been delivered upon commitment by the Lords of the Councell as in the time of Henry the eight as in the times of Queen Elizabeth Queen Mary are infinite as in the ninth of Elizabeth Thomas Lawrence was committed to the Towre by the Lords of the Councell and bailed upon an Habeas Corpus In the 43 of Elizabeth Calvins case In the third of Elizabeth Vernons case These were committed for high treason and yet bailed for in all these cases there must be a conviction in due time or a deliverance by Law There be divers other presidents that might be shewn to your Lordship In 12 Iacobi Miles Renards In 12 Iacobi Rot. 155. Richard Beckwiths case In 4 Iacobi Sir Thomas Monson was committed for treason to the Towre of London and afterwards was brought hither and bailed and since our case stands upon this return and yet there is no sufficient cause in Law expressed in the return of the detaining this Gentleman and since these presidents do warrant our proceedings my humble suit unto this Court is that the Gentleman Sir Iohn Henningham who hath petitioned his Majesty that he may have the benefit of the Law and his Majesty hath signified it it is his pleasure that justice according to the Law should be administred at all times in generall to all his Subjects and particularly to
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.
cause of his imprisonment to be shewn upon the return so that the Court may adjudge of the cause whether the cause of the imprisonment be lawfull or not and because I will not trouble the Court with so many presidents but such as shall suit with the cause in question I will onely produce and vouch such presidents whereas the party was committed either by the commandment of the King or otherwise by the commandment of the Privy Councell which Stampford fol. 72. tearmeth the mouth of the King such acts as are done by the Privy Councell being as Acts done by the King himself And in all these causes you shall find that there is a cause returned as well as a speciale mandatum domini Regis c. or mandatum Privati Concilii domini Regis whereby the Court may adjudge of the cause and bail them if they shall see cause In the eighth of Henry the seventh upon return of an Habeas corpus awarded for the body of one Roger Sherry it appeareth that he was committed by the Mayor of Windsor for suspicion of felony and ad sectam ipsius Regis pro quibusdam feloniis transgressionibus ac per mandatum domini Regis 21 Hen. the seventh upon the return of an Habeas corpus sent for the body of Hugh Pain it appeared that he was committed to prison per mandatum dominorum Privati Concilii domini Regis pro suspicione feloniae Primo Henrici Octavi Rot. 9. upon the return of an Habeas corpus sent for the body of one Thomas Harrison and others it appears that they were committed to the Earl of Shrewsbury being Marshall of the houshould Per mandatum Domini Regis pro suspicione feloniae pro homicidio facto super Mare 3 4 Philip. Mariae upon a return of an Habeas corpus sent for the body of one Peter Man it appeareth that he was committed pro suspicione feloniae ac per mandatum Domini Regis Reginae 4 5 Philippi Mariae upon the return of an Habeas corpus sent for the body of one Thomas Newport it appeared that he was committed to the Tower pro suspicione contrafact monetae per privatum Concilium domini Regis Reginae 33 Elizabethae upon the return of an Habeas corpus for the body of one Lawrence Brown it appeareth that he was committed per mandatum Privati Concilii dominae Reginae pro diversis causis ipsam Reginam tangen ac etiam pro suspicione proditionis So as by all these presidents it appeareth where the return is either Per mandatum domini Regis or Per mandatum dominorum Privati Concilii domini Regis there is also a cause over and besides the mandatum returned as unto that which may be objected that per mandatum domini Regis or Privati Concilii domini Regis is a good return of his imprisonment I answer First that there is a cause for it is not to be presumed that the King or Councell would commit one to prison without some offence and therefore this mandatum being occasioned by the offence or fault the offence or fault must be the cause and not the command of the King or Councell which is occasioned by the cause Secondly it apeares that the jurisdiction of the Privy Councell is a limited jurisdiction for they have no power in all causes their power being restrained in certain causes by severall Acts of Parliament as it appeareth by the statute of 20 Edward the third c. 11. 25. Ed. the third c. 1. stat 4. the private petition in Parliament permitted in the 1 of R. 2. where the Commons petition that the Privie Councell might not make any Ordinance against the Common Law Customes or Statutes of the Realm the fourth of Henry the fourth ca. 3. 13 Hen. the fourth 7â—31 Henry the sixth and their jurisdictions being a limited jurisdiction the cause and grounds of their commitment ought to appear whereby it may appear if the Lords of the Councell did commit him for such a cause as was within their jurisdiction for if they did command me to be committed to prison for a cause whereof they had not jurisdiction the Court ought to discharge me of this imprisonment and howsoever the King is Vicarius Dei in terra yet Bracton cap. 8. fol. 107. saith quod nihil aliud potest Rex in terris cum sit Minister Dei Vicarius quam solum quod de jure potest nec obstat quod dicitur quod Principi placet legis habet vigorem quia sequitur in fine legis cum lege Regia quae de ejus imperio lata est id est non quicquid de voluntate Regis temere praesumptum est sed animo condendi Iura sed quod consilio Magistratuum suorum Rege author praestant habita super hoc deliberatione tract rect fuer definit Potestat itaque sua juris est non injuriae The which being so then also it ought to appear upon what cause the King committeth one to prison whereby the Judges which are indifferent between the King and his Subjects may judge whether his commitment be against the Laws and Statutes of this Realm or not Thirdly it is to be observed that the Kings command by his Writ of Habeas corpus is since the commandment of the King for his commitment and this being the latter commandment ought to be obeyed wherefore that commanding a return of the body cum causa detentionis there must be a return of some other cause then Per mandatum domini Regis the same commandment being before the return of the Writ Pasch. 9. E. 3. pl. 30. fol. 56. upon a Writ of Cessavit brought in the County of Northumberland the Defendants plead That by reason the Country being destroyed by Warres with the Scots King Edward the second gave command that no Writ of Cessavit should be brought during the Warres with Scotland and that the King had sent his Writ to surcease the Plea and he averreth that the Warres with Scotland did continue Hearle that giveth the Rule saith That we have command by the King that now is to hold this Plea wherefore we will not surcease for any writ of the King that is dead and so upon all these reasons and presidents formerly alledged I conclude that the return that Sir Iohn Corbet was committed and detained in prison Per speciale mandatum domini Regis without shewing the nature of the commandment by which the Court may judge whether the commandment be of such a nature as he ought to be detained in prison and that without shewing the cause upon which the commandment of the King is grounded is not good As unto the second part which is Whether the time of the commitment by the return of the Writ not appearing unto the Court the Court ought to detain him in prison or no I conceive that he ought not to be continued in prison admitting that the first
be determined by any legal direction for it must needs be an hard case of contention when the Conquerour must sit down with irreparable losses as in this Case If the Subject prevails he gains Liberty but looseth the benefit of that State-Government by which a Monarchie may soon become an Anarchie or if the State prevails it gives absolute Soveraignty but looseth Subjects not their subjection for obedience we must yield though nothing be left us but prayers and tears but yet looseth the best part of them which is their affections whereby Soveraignty is established and the Crown formerly fixt on his Royal head between two such extreams there is not way to moderate but to finde a medium for the accommodation of the difference which is not for me to prescribe but onely to move your Lordships to whom I submit After M r. Serjeant his speech ended my Lord President said thus to the Gentlemen of the House of Commons That though at this free conference Liberty was given by the Lords to the Kings Councel to speak what they thought fit for his Majesty Yet M r. Serjeant Ashley had no Authority or direction from them to speak in that manner he hath done M r. NOYE his Argument the 16. of April 1628. HE offered an answer to the inconveniences presented by Mr. Attorney which were 4. in Number First where it was objected that it was inconvenent to express the cause for fear of divulging Arcana â—mperii for hereby all may be discovered and abundance of Traitors never brought to Justice To this that Learned Man answered That the Judges by the intention of the Law are the Kings Councel and the secrets may safely be committed to all or some of them who might advise whether they will bayl him and here is no danger to King or subjects for their Oath will not permit them to reveal the secrets of the King nor yet to detain the Subjects long if by Law he be to be bayled Secondly for that Objection of the Children of Odonell he laid this for a ground that the King can do no wrong but in Cases of extream necessity we must yield sometimes for the preservation of the whole State ubi unius damnum utilitate publica rependitus he said there was no trust in the Children of Traitours no wrong done if they did tabe facere or marcesere in Carcere It is the same Case of necessity as when to avoid the burning of a Town we are forced to pull down an honnest mans House or to compell a man to dwell by the Sea-side for defence or fortitude Yet the King cannot do wrong for potentia juris est non injura Ergo the Act of the King though to the wrong of another is by the Law made no wrong as if he commanded to be kept in Prison yet he is responsal for his wrong he quoted a book 42. 6. Ass Port. Thirdly the instance made of Westminster First he said there was a great difference between those 3. Mainprize Bail and Replevin The Statute saith a man cannot be repleiued Ergo not bayled non sequitur Maniprize under pain Bayl body for body no pain ever in Court to be declared Replevin neither by surety not bayl of Replevin never in Court the Statute saith a man cannot be Repleiued Ergo not bayled non sequitur Fourthly where it is said that bayl is ex gratia he answers that if the Prisoner comes to Habeas Corpus then it is not ex gratia Yet the Court may advise but mark the words ad subjiciendum recipiendum prout Curia consideraverit now it is impossible the Judges should do so if no cause be expressed for if they know no cause he may bring the 1. 2. 3. and fourth Habeas Corpus and so infinite till he finde himself a perpetual Prisoner so that no cause expressed is worse for a man then the greatest cause or Villany that can be imagined and thus far proceeded that learned Gentleman M r. GLANVILES Argument HE said that by favour of the House of Commons he had liberty to speak if opportunity were offered he applies his answer to one particuler of M r. Attorney who assigned to the King 4. great trusts 1. of War 2. Coins 3. Denizens 4. Pardons Is assented unto that the King is trusted with all these 4. legal Prerogatives but the Argument followeth not the King is trusted with many Prerogatives Ergo in this non sequitur non est sufficients enumer atiâ— partium he said he could answer these particulars with 2. rules whereof the first should wipe of the first and the second and the other the third and fourth The first rule in this there is no fear of trusting the King with any thing but the fear of ill Councel the King may easily there be trusted where ill Councel doth not ingage both the King and Subjects as it doth in matter of War and Coin If he miscarry in the Wars it is not alwayes pecuum Achiro but he smarts equally with the people If he abase his Coin he looseth more then any of his people Ergo he may safely be trusted with the flowers of the Crown War and Coin The second rule he began was this when the King is trusted to confer grace it is one thing but when he is trusted to infer an injury it is another matter The former power cannot by miscouncelling be brought to prejudice another The latter may if the King pardoneth a guilty Man he punisheth not a good subject if he denizen never â—o many strangers it is but damnum â—ine injuria we allow him a liberty to confer grace but not without cause to infer punishment and indeed he cannot do injury for if he command to do a Man wrong the command is void alter fit Author and the Actor becomes the wrong doer Therefore the King may be safely trusted with War Coin Denizens and Pardons but not with a power to imprison without expression of Cause or limmitation of time because as the Poet tells us Libertas potius auro The Answer of the Judges for matter of Fact upon the HABE AS CORPUS 21. April THe Chief Justice saith they are prepared to obey our Command but they desire to be advised by us whether they being sworn upon penalty of forseiting Body Lands and Goods into the Kings hands to give an account to him may without Warrant do this The Duke said he had acquainted the King with the business and for ought he knoweth he is well content therewith But for better assurance he hath sent his brother of Anglesey to know his pleasure Devonshire saith if a complaint be made by a mean Man against the greatest Officer in this place he is to give an account of his doings to this Honse Bishop of Lincoln saith this motion proceeded from him and so took it for clear that there was an appeal from the Chancery to a higher Court then the Kings-bench and in that Court hath ever
under the Government of the best of his most Noble Progenitors 4. That his Majesty would be pleased gratiously to declare for the good contentment of his Loyal Subjects and for the secureing them from future fears that in all causes within the Cognizance of the Common-Law and concerning the Liberty of his Subjects his Majesty would proceed according to the Laws established in the Kingdom and in no other manner or wise 5. And as touching his Majesties Royal Prerogative intrincical to his Soveraignty and intrusted him from God ad communem totius populi salutem non ad destructionem his Majesty would resolve not to use or divert the same to the prejudice of any his loyal People in the propriety of their goods and liberty of their Persons And in case for the security of his Majesties Royal Person the Common safety of his People or the peaceable Government of his Kingdom his Majesty shall finde just cause of State to imprison or restrain any mans Person his Majesty would gratiously declare that within a convenient time he shall and will express the cause of his commitment or restraint either general or special and upon a cause so expressed will leave him immediatly to be tried according to the Common Justice of the Kingdom Then S r. DUDLEY DIGGS in the behalf of the Commons saith MY Lords it hath pleased Almighty God many wayes to bless the Knights Cittizens and Burgesses now assembled in Parliamen with great comforts and strong hopes that this will prove as happy a Parliament as ever was in England and in their Consultations for the service of his Majesty and the safety of this Kingdom one especial comfort and strong hope hath risen from the continued good respects which your Lordships so nobly from time to time have been pleased to shew unto them particulerly at this present in your so Honourable prosession to agree with them in general in desire to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort they have been are and will be as ready to propugne the just Prerogatives of his Majesty of which in all their Arguments searches of Records and resolutions they have been most carefull according to that which formerly was and now again is protested by them Another Noble Argument of your Honourable disposition towards them is exprest in this that you are pleased to expect no present answer from them who are as your Lordships in your general wisdoms they doubt not have considered a great body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient usage of our House but is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such a good Harmony that I intreat your Lordships leave to borrow a comparison from nature or natural Philosophy as two Lutes well strung and tun'd brought together if one be plaid on little straws or sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and proposed cannot but work in our hearts and we will faithfully report these passages to our House from whence in due time we hope your Lordships shall receive a contentfull Answer S r. BENJAMIN RUDDIERDS Speech 28. April 1628. Mr. Speaker WE are now upon a great business and the manner of handling it may be as great as the business it self I need not tell you that Liberty is a pretious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for my own part I am clear without scruple that what we have resolved it according to Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him before now Out of all question the very point the scope and drift of Magna Charta was to reduce the Regal to a Legal power in matters of imprisonment or else it had not been worth so much contending for But there have been Presidents brought to prove the practise and interpretation of the Law I confess I have heard many Presidents of utillity and respect but none at all of truth or of Law Certainly there is no Court of Justice in England that will discharge a Prisoner committed by the King Rege inconsulto without acquainting the King yet this good manners was never made or mentioned as a legal part of the delivery It is Objected that the King ought to have a trust left and deposited in him God forbid but he should And I say that it is impossible to take it from him for it lies not in the wit of man to devise such a Law as should be able to comprehend all particulers all accidents but that extraordinary cases must happen which when they come If they be disposed of for the Common good there will be no Law against them yet must the Law be general for otherwise admissions and exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of nature to govern the ordinary course of things he hath made no Laws for miracles Yet there is this observation of them that they are rather praeter naturam then contra naturam and alwayes propter bonos fines for Kings Prerogatives are rather besides the Law then against it and when they are directed to right ends for the publick good they are not onely concurring Laws but even Laws in singularity and excelling But to come nearer M r. Speaker let us consider where we are now what steps we have gone and gained the Kings learned Councel have acknowledged all the Laws to have been still in force the Judges have disallowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolution intire and without prejudice All this hitherto is for our advantage but above all his Majesty himself being publickly present declared by the mouth of my Lord Keeper before both the Houses that Magna Charta and the other six Statutes are in force that he will maintain his Subjects in the liberty of their Persons and the propriety of their goods that he will govern according to the Laws of the Kingdom this is a solemne and bindeing satisfaction expressing his gracious readiness to comply with his People in all their reasonable and just desires The King is a good man and it is no diminution to be called so for whosoever is a good man shall be greater then a King that is not so The King certainly is exceeding tender of his present Honour and of his fame hereafter he will think it hard to have a worse mark set upon him and his Government then any of his Ancestors by extraordinary restraints his Majesty hath already intimated unto us by a message that
being deducted to the several Counties and Sea-Towns of the Kingdom according to the burthen of their shipping and not particularly to such Counties or Sea-Towns unto which the Squadron of Ships belongeth that shall send in the said Prizes That it shall not be Lawfull for any in the said Ships to break take or open the deck of any Prizes they take but nail them down fast untilâ— they be brought in at one of the Port-Towns aforesaid and the Officers for the King with the Commissioners for the Counties to take and open them That after the Kings part is sequestred with such allowance over and above as shall be proportionable for the Kings ships being Admirals the rest to be distributed as aforesaid to the use and benefit of all the Counties and Sea-Towns in general not in particuler to such Counties and Sea-Towns unto which any of the said 4. Squadrons belongeth that sendeth in the said Prizes the Pillage above deck onely excepted which do belong unto the Officers Saylors and Souldiers of the Squadron that took the said Prize That for the speedy and present execution hereof every County or Sea-Town that is not furnished with shipping accordingly shall hire untill they can build which to be limmited to perform within a certain and convenient time The charge that will fall on the Subjects yearly will amount for the first year 200000. l. which God prospering them within the year they will re-inburse and by the benefit of the Prizes afterwards they will have stock sufficient with increase for new victualling forth the Ships the first year and so from time to time The Kingdom will hereby encrease their shipping breed and make good store of good Sea-men and we shall hereby be Masters of the Sea so as our Merchants shall travel safely and we shall much prejudice the French and Spanish Nation or any others that are Enemies and not in League Judge ANDERSON DIverse Persons fueront Committes a sevâ—ral temps a several Persons sur pleasur sans bon cause parte de queâ—x estiant ameâ—nes en en banck le Roy parte en le Comune banck fueront accordant a le ley de la terre mise a large discharge de lâ— inprisonment pur que aschunt grands fueront offendus procure vn comandment a les Iudges que ils be ferra issent apres Ceo nient meins les Iudges ne surcease mes pâ—r advise enter eux ils fesoient certanie Articles le tenour de queux ensue deliver eux al seignieures Chauncellor Treasurer eux subscribe 〈◊〉 touts lour manies les Articles â—ont coe ensuâ—nt WE her Majesties Justices of both Benches and Barons of the Exchequer desire your Lordships that by some good means some order may be taken that her Highness Subjects may not be committed or dâ—tained in Prison by commandment of any Noble Man or Councellor against the Laws of the Realm either help us to have access to her Majesty to the end to become â—uitors to her for the same for divers have been imprisoned for suing ordinary Actions and Statutes at the Common-Law untill they have been constrained to leave the same against their wills and put the same to order albeit Judgement and Execution have been had therein to their great losses and griefs for the aid of which Persons her Majesties Writs have sundry times been directed to divers Persons having the custody of such Persons unlawfully imprisoned upon which Writs no good or Lawfull cause of imprisonment hath been returned or certified whereupon upon according to the Laws they have been again committed to Prison in secret places and not to any common ordinary Prison or Lawfull Officer as Shrieff or other lawfully authorized to have or keep a Goal so that upon Lawfull complaint made for their delivery the Queens Courts cannot learn to whom to direct her Majesties Writs and by this means Justice cannot be done and moreover divers Officers and Serjeants of London have been many times committed to Prison for Lawfull executing of her Majesties Writ sued forth of her Majesties Courts at West-minster and thereby her Majesties Subjects and Officers are so terrified that they dare not sue or execute her Majesties Laws her Writs and Commandments Divers others have been sent for by Pursevants and brought to London from their dwellings by unlawfull imprisonment have been constrained not onely to withdraw their Lawfull Suits but have also been compelled to pay the Pursevants for bringing such Persons great summes of money All which upon complaint the Judges are bound by Office and Oath to relieve and help by and according to her Majesties Laws And when it pleaseth your Lordships to will divers of us to set down in what cases a Prisoner sent to custody by her Majesty her Councel some one or other or two are to be detained in Prison and not to be delivered by her Majesties Court or Judges we thinck that if any Person be committed by her Majesties Command from her Person or by order from the Councel board or if any one or two of her Councel commit one for high Treason such Persons so in the cases before committed may not be delivered by any of her Courts without due Trial had Nevertheless the Judges may Award the Queens Writ to bring the bodies of such Persons before them and if upon return thereof the causes of their commitment be certified to the Judges as it ought to be then the Judges in the cases before ought not to deliver him but to remaund the Prisoner to the place from whence he came Which cannot conveniently be done unless notice of the cause in general or else special be known to the Keeper or Goaler that shall have the custody of such Prisoner All the Judges and Barons did subscribe their names to these Articles Termino Pascha 34. Eliz. and sent one to the Lord Chancellor and another to the Lord Treasurer after which time there did follow more quietness then before in the cause afore mentioned The KINGS Message the 2. May 1628. by Secretary COKE HIs Majesty hath commanded me to make known to this House that howsoever we proceed with the business we have in hand which he will not doubt but to be according to our constant professions and so as he may have cause to give us thanks yet his resolution is that both his royal care and his harty and true affection towards all his loving Subjects shall appear to the whole Kingdom and to all the World that he will govern us according to the Laws and Customes of the Realm that he will maintain us in the Liberties of our Persons and propriety of our goods so as we may enjoy as much happiness as our Forefathers in their best times and that he will rectifie what hath been or may be amiss amongst us so that there may be hereafter no just cause to complain wherein as his Majesty will ranck himself amongst the best of our Kings and shew
Lords viam faustam both to his Majesty and your Lordships and to our selves for my Lords this is the greatest bond that any Subject can have in Parliament verbum Regis that is an high point of Honour but this shall be done by the Lords and Commons and assented to by the King in Parliament This is the greatest obligation of all and this is for the Kings Honour and our safety And therefore my Lords we have drawn a form of a Petition desiring your Lordships to concur with us herein for we come with an unanimous consent of all the House of Commons for there is great reason your Lordships should do so because that your Lordships be involved in the same condition commune periculum and so I have done with the first part And now I shall be bolde to read that which we have so agreed on I shall desire your Lordships that I may read it The Petition of Right to the KINGS most Excellent Majesty HUmbly sheweth unto our Soveraign Lord the King the Lords spiritual temporal and Commons in this present Parliament assembled That whereas it is declared and enacted by a Statute made in the time of the Raign of King Edw. 1. commonly called Statutum de tallagio non concedendo That no Tollage or aid should be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Arch-Bishop Earles Barons Knights Burgesses and others the freemen of the Cominalty of this Realm And by Authority of Parliament holden in the 13. year of the Raign of King Ed. 3. it is declared and enacted that from thence-forth no Persons should be compelled to make any loan to the King against his will because such loans were against reason and the Franchises of the Land And by other Laws of this Realm it is provided that none should be charged by any charge or imposition called a Benevolence nor by such like charge by which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to Contribute to any Tax Tollage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Countreys with instructions have issued by means whereof your people have been in divers parts assembled and required to lend certain summes of money to your Majesty And many of them upon refusal so to do have had an unlawfull Oath administred unto them not warrantable by the Laws and Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your privy Councel and in other places And others of them have been therefore imprisoned confined and sundry other wayes molested and disquieted and divers other charges have been laid and levied upon your people in several Countreys alleadging some superior by Lord Lieutenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by command or direction against the Laws and free Customes of the Realm from your Majestie or your privy Councel And where also by the Statute called the great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken nor â—mprisoned nor be disseised of his Freehold nor Liberties nor his free Customes nor be outlawed or exiled or in any manner destroyed but by the Lawfull judgement of his Peers or by the Law of the Land And in the 28. year of the Raign of King Edw. 3. it was declared and enacted by Authority of Parliament that no man of what Estate or condition he be shall put out of his Land or Tenement nor taken nor imprisoned nor disinherited nor put to death without being brought to answer by due process of Law Nevertheless against the Tenour of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties Writ of Habeas Corpus there to undergo and receive as the Court should order and the Keepers commanded to certefie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your privy Councel and yet were returned back to several Prisons without being charged with any thing the which they might make answer to and to Law And whereas of late great Companies of Souldiers and Marriners have been dispersed into divers Countreys of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customes of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25. E. 3. it is declared and enacted that no man shall be fore-judged of Life or Limb against the form of the great Charter and the Law of the Land and by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm Nevertheless of late times divers Commissions under your Majesties great Seal have issued forth by which certain Persons have been assigned and appointed Commissioners with power and Authority to proceed within the Land according to the Justice of Martial Law against such Souldiers or Marriners or other dissolute Persons joyning with them as should commit any Murther Robbery Fellony Mutiny or other outrage or misdemeanour whatsoever and by such summary course and order as is agreeable to Martial Law and is used in Armies in time of War to proceed to the trial and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by none other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishment due to them by the Laws and Statutes of this your Realm By reason whereof divers of your Officers and Ministers of Justice have unjustly refused or forbore to proceed against such offenders according to the same Laws and Statutes upon pretence that the said offenders were punishable onely by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty that no man hereafter be compelled to make or yield any Guift Loan Benevolence Tax or such
and Commission whereby it may be executed I have here in my hand delivered unto me by a Noble Gentleman of that Nation and a worthy Member of this House Sir Francis Stuart To conclude although Christianity and Religion be established generally throughout this Kingdom yet untill it be planted more particularly I shall scarce think this a Christian Common-wealth seeing it hath been moved and stirred in Parliament it will lye heavy upon Parliaments untill it be effected Let us do something for God here of our own and no doubt God will bless our proceedings in this place the better for ever hereafter And for my own part I will never give over solliciting this cause as long as Parliaments and I shall live together CHARLES REX To our trusty and well-beloved the Lords Spiritual and Temporal of the Higher House of PARLIAMENT WE being desirous of nothing more then the advancement of the good peace and prosperity of our people have given leave to free debates of highest points of our Prerogative Royal which in times of our Predecessors Kings and Queens of this Realm were ever restrained as Matters they would not have disputed and in other things we have been willing fairly to condiscend to the desires of our loving Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies with those Messages which heretofore we have sent to the Commons House will well demonstrate to the World and yet we finde it still insisted on that in no case whatsoever should it never so nearly concern Matters of State and government we nor our privy Councel have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service thereby would be destroyed and defeated and the cause alleadged must be such as may be determined by our Judges of our Courts at Westminster in a Legal and Ordinary way of Justice whereas the cause may be such whereof the Judges have no capacity of Judicature or rules of Law to direct or guide their Judgements in cases of that transcendent nature which hapning so often the very intermitting of the constant rules of government for many ages within this Kingdom practised would soon dissolve the very frame and foundation of our Monarchy wherefore as to our Commons we have made propositions which might equally preserve the just Liberty of the Subject So my Lords we have thought good to let you know that without overthrow of our Soveraignty we cannot suffer this power to be impeached But notwithstanding to clear our conscience and just intentions this we publish that it is not in our hearts nor ever will we extend our royal power lent unto us from God beyond the just rule of moderation in any thing which shall be contrary to our Laws and Customes where the safety of our people shall be our onely aim And we do hereby declare our royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain that neither we nor our privy Councel shall or will at any time hereafter commit or command to Prison or otherwise restrain the Person of any for not lending money unto us or for any other cause which in our conscience doth not concern the State the publick good and safety of us and of our people we will not be drawn to pretend any cause which in our Judgements is not or is not expressed which base thought we hope no man will imagine can fall into our royal breast that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or access of our Judges to us readily and really express the cause of their commitment or restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed That in all causes Criminal of ordinary Jurisdiction our Judges shall proceed to the deliverance and baylment of the Prisoner according to the known and ordinary rules of the Laws of this Land and according to the Statutes of Magna Charta and those other six Statutes insisted upon which we do take knowledge stand in force and which we intend not to abrogate against the true intention thereof Thus we have thought fit to signifie unto you the rather for shortning any long delayes of this question the season of the year so far advanced and our great occasions of State not lending us many dayes for long continuance of this Session of Parliament Given under our Signet at our Pallace of Westminster the 12. of May in the fourth year of our Raign The KINGS Message by the Lord Keeper 21. May 1628. HIs Majestie commanded me to signifie to your Lordships that the business concerning your part presented by the Commons to the Lords concerning the Liberty of the Subject wholly depends upon your Lordships and because his affairs are pressing and that he is very suddenly to take a Journey to Portsmouth As also because his Majesty would have the business put in a good forwardness before his going thither his Majestie desires your Lordships this day to proceed to a resolution whether you will joyn with the House of Commons in the Petition or not M r. MASONS speech concerning the Addition propounded by the Lords to be added to the Petition of Right IN our Petition of Right to the Kings Majestie we mentioned the Laws and Statutes by which it appeared that no Tax Loan or the like ought to be levied by the King but by common assent in Parliament That no Freeman ought to be imprisoned but by the Law of the Land That no Freeman ought to be compelled to suffer Souldiers in his house In the Petition we have expressed the breach of these Laws and desire that we may not suffer the like all which we pray as our Rights and Liberties The Lords have proposed an addition to this Petition in these words We humbly present this Petition to your Majestie not onely with a care of our own Liberties but with a due regard to leave intyre that Soveraign power wherewith your Majesty is intrusted for the protection safety and happiness of your people and whether we shall consent unto this addition is the Subject of this dayes discourse And because my Lord Keeper at the last conference declared their Lordships had taken the words of the Petition apart The word leave in a Petition is of the same nature as saving in a grant or Act of Parliament when a Man grants but part of a thing he saves the rest when he Petitions to be restored but to part he leaveth the rest then in the end of our Petition the word leave will imply that something is to be left of that or at least with a Reveâ—â—â—â—â— to what we desire The word entyre is very considerable a Conquerour is bound by no Law but hath power dare leges his will is a Law and although William the Conquerour at first to make
himself thus RIght wise Right worthy how many instigations importune the sequel of my words 1. The equity of your proceedings 2. The honnesty of my request for I behold all your intendments grounded upon discretion and goodness and your constitutions steered as well by charity as the extreamity of Justice This order I say and method of your proceedings together with the opportunity offered of the subject in hand have imboldned me to sollicit for an extention of the late granted Protections in general The Lawfulness and honnesty of the Proposition depends upon these particulers 1. The present troubles of the parties protected having run themselves into further and almost irrecoverable hazard by presuming upon and feeding themselves with the hopes of a long continuing Parliament let the second be this consequence That which is prejudicial to the most ought to administer matter of advantage to the rest Sith then our interpellations and disturbations amongst our selves are unpleasing to all most all if any benefit may be collected let it fall upon these for I think the breach of our Sessions can befriend none but such nor such neither but by means of this grant before hand And because it is profitable that his Majesty may cause a remeeting the next Michalmass let thither also reach there prescribed time for Liberty and that till then there protections shall remain in as full virtue and Authority as if the Parliament were actually sitting This Speech at the first bred some diâ—â—aste but afterwards seriously weighing the premises they easily and at last generally condiscended and so it is this day preferred to the Higher House The KINGS Message to the Lower House by S r. HUMFREY MAY 10. of June 1628. HIs Majesty is well pleased that your return of Right and his answer be not onely recorded in both Houses of Parliament but also in all the Courts of Westminster And that his pleasure is it be put in print for his Honour and the content and satisfaction of his people and that you proceed cheerfully to settle businesses for the good and reformation of the Common-wealth Eeight particulars all voted in the House of Commons II. June 1628. THe excessive power of the Duke of Buckingham and the abuse thereof is the chief and principal Cause of all the mischiefs that have happened to the King and Kingdom 1. Innovation of Religion 2. Innovation of Government 3. Disasters of designs abroad 4. Not guarding of the Narrow Seas 5. Not guarding the Forts 6. The decay of Trade 7. The decay of Shipping 8. The want of Munition The first Remonstrance Most dread Soveraign AS with all Humble thankfulness we your dutifull Commons now in Parliament Assembled do acknowledge the great comfort we have had in the assurance of your Majesties pious and gracious disposition So we think it our most necessary duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth And findeing them at this time in apparent danger of ruine and destruction faithfully and dutifully to enform your Majestie thereof and with bleeding hearts and bended knees to crave such speedy redress therein as to your own wisdom unto which we humbly submit our selves and our desires shall seem most meet and convenient what the multitude and potency of your Majesties Enemies are abroad what be their malitious and ambitious ends and how vigilant and constantly industrious they are in pursuing the same is well known to your Majesty Together with the dangers threatned thereby to your sacred Person and your Kingdoms and the calamity which hath already fallen and doth dayly increase upon your Friends and Allies of which we are all well assured your Majesty is most sensible and will accordingly in your own great wisdom and with the gravest and most mature Councel according to the exigency of the times and occasions provide by all means to prevent and help the same To which end we most humbly intreat your Majesty first and especially to cast your eyes upon the miserable condition of this your own Kingdom of late so strangely weakned impoverished dishonoured and dejected That unless through your Majesties most gracious wisdom goodness and Justice it be speedily raised to a better condition it is in no little danger to become a sudden prey to the Enemies thereof And of the most happy and flourishing to be the most miserable and contemptible Nation in the World In the discovery of which dangers mischiefs and inconveniences lying upon us we do freely protest that it is far from our thoughts to lay the least aspercion upon your Majesties sacred Person or the least scandal upon your Government for we do in all sincerity and with all joyfulness of heart not onely for our selves but in the name of the whole Commons of England whom we represent ascribe as much honour to your Majesty and acknowledge as much duty as a most loyal and affectionate people can do unto the best King for so you are and so you have been pleased abundantly to express your self this present Parliament by your Majesties clear and satisfactory answer to our Petition of Right for which both we our selves and our posterities shall bless God for you and ever preserve a thankfull memory of your great goodness and Justice therein and we do verily believe that all or most of those things which we shall now present unto your Majesty are either unknown unto your Majesty or else by some of your Majesties Ministers offered under such specious pretences as may hide their own bad intentions ill consequence of them from your Majesty But we assure our selves that according to the good example of your most noble Predecessors nothing can make your Majesty being a Wise and Judicious Prince and above all things desirous of the welfare of your people more in love with Parliaments then this which is one of the principal ends of calling them that therein you may be truely informed of the State of all the several parts of your Kingdom and how your Officers and Ministers do behave themselves in discharge of the trust reposed in them by your Majesty which is scarce possible to be made known unto you but in Parliament as was declared by your blessed Father when he was pleased to put the Commons in Parliament assembled in minde that it would be the greatest unfaithfulness and breach of duty to his Majesty and of the trust committed to them by their Countrey that could be if in setting forth the grievances of the people and the condition of all the parts of this Kingdom from whence they came they did not deal clearly with him without sparing any how near and deer soever they were unto him if they were hurtfull or dangerous to the Common-wealth In confidence therefore of your Majesties gracious acceptation in a matter of so high importance and in faithfull discharge of our dâ—ties we do first of all most humbly beseech your Majesty to take notice
to his Majesty in answer to two Messages sent by him Tuesday 3. SEcretary Cook reported that himself and the rest of the Committees attended his Majesty upon Munday and he said For my part I have used all diligence to do all the commands of my Master and this House and I find that some exceptions have been taken at some words by me used when I delivered the Bill of Tonnage and Poundage Indeed I used many Arguments in speaking of his Majesty I said it much concerned him and that his Majesty much desired it and I required it in his name which I did not intend but to avoide dispute and I said not this was an ordinary revenue but this Tonnage was the means to inable his Majesty to set his Fleet to sea After this Apology he read his Majesties answer to the Petition of the Lower-House Sir Iohn Elliot Mr. Speaker I confess this hath given great satisfaction for present desires and future hopes and howsoever I find the misinterpretation of some and the danger of Religion yet I find his Majesties ears open and if these things be thus as we see that then he is not rightly counselled I am confident we shall render his Majesty an account of what he expecteth but Sir I apprehend a difference between his Majesties expression and the expression of his Ministers First Sir that Bill was here tendered in his Majesties name and now we find his Majesty disavows it that he did it not What wrong is this done to his Majesty and to this House to press things in his Soveraigns name to the prejudice and distraction of us all I think him not worthy to sit in this House Mr. Speaker THis Honorable person did explain himself that he did not press it in his Majesties name but onely did commend it to your considerations Secretary Cook I Said that in regard of the difference between his Majestie and his Subjects my desire was to accommodate it Sir Humfrey May IF ye be too quick to except against the ministers of his Majestie that serve his Majestie and this House it will discourage and stop our mouthes whose service ye dayly commend At the Committee for Religion Sir Iohn Elliot FOr the way of our proceedings to shew the weight and unitie thereof to all the world we have laid a good foundation I collect out of the particulars about the Article of Lambeth that the difference was in the manner of the use of them but all did profess the truth and worth of them at which unitie in all our hearts we may all rejoyce whereas the enemie abroad gives out that we are at faction amongst our selves whereas all of us took them granted not onely to make use of them to oppose our adversaries but also for the worth of them Let us boldly relie on the ground alreadie laid let us look to them that offended us in this our truth which I hope we shall live and die in if there be cause Are there Arminians for so they are called look to this see what degree they creep let us observe their Books and Sermons let us strike at them and make our charge at them and vindicate our truth that seems yet obscure and if any justifie themselves in their new opinions let us deal with them and then testimonie will be needfull our truth is clear our proofs will be many and if these parties will dare to defend themselves then seek for proof The Remonstrance of the last Parliament was read in part about Arminians and also his Majesties Declaration printed with the book of Articles and the Proclamation against Mountague Wednesday Febr. 4. A Bill preferred that no Clergie-man shall be in Commission for Peace except Bishops Deans Vice-Chancellors of both Universities c. within their severall jurisdictions Doctor Reeves which sat as Judge upon the Conservation of Mr. Mountague called in and examined saith That Objections were offered Ore tenus and after offered in writing but he rejected the same because they had not an advocates hand and upon the whole saith he durst neither admit of any objections for the present nor give time for the same upon pain of premunire by the Statute Doctor Talbot and Doctor Steward are assigned for Councel with Mr. Iones the Printer in his Cause Mr. Selden THe point considerable is not whether Doctor Reeves hath done well or ill for he did but as any discreet man would have done but the point is now whether Mr. Mountague be a lawfull Bishop or no. Neither is the question to be debated whether the exceptions be lawfull or no but being legal of what force they be to hinder the confirmation of the Bishop All which is agreed and Doctor Reeves for the present discharged A Petition is preferred by Thomas Ogle against Doctor Cosens with Articles annexed thereunto tending to the introducing of Popish Doctrine and Popish Ceremonies into the Cathedral Church at Durham Sir Euball Thelwall THere were two affidavits that Cosens should say That the King had no more to do with Religion then his Horse-keeper and that by the appointment of Mr. Attorney these affidavits were taken and he said to the end a Bill in Star-chamber might be filed against him But since Cosens hath his pardon and the King was told it was onely raised by the spleen of some Puritane Mr. Shervile DEsired that search might be made for the pardons There were four pardons under the Great Seal granted to Mountague Sibthorpe Cosens and Manwering it pardons all Treasons Premunires Errors erronious Opinions and all false Doctrines scandalous Speeches or Books and all offences by word and deed all corrupt contracts c. Treason to the person of the King and Witchcraft onely excepted Mr. Rousse HEre are four persons that have made the Common-wealth sick thus by the Phisick you see the Diseases but I conceive there is other physick to be ministered to those rotten Members for questionless this is not to be cured but by cutting off those Members Mr. Kirton MAster Kirton moved that the procurers of these Pardons might be enquired after that it might be seen who gave order to the Signet for the going forth of those Pardons for questionless there are Cosens at Court too Sir Robert Philips IF ever any was abused it was our King in granting those pardons we would save the time of doing any thing if this be not searched to the bottom The goodness of our King is much abused I desire the Attorney may give account by what Warrant he drew these pardons so shall we find out those that misled the King to the heart-grief of us all It is high time to find out all these things A Committee was hereupon named to enquire who have been the Solicitors and Procurers of these pardons Sir Edward Giles I Know not what prevention may happen in these for questionless the devil of hell hath his hand in it Therefore presently let us send for Mr. Attorney Which was Ordered Sir