to his duty To this Sir Thomas Darnell replied That such words never came into his thoughts And did humbly pray they might make no impression upon the Court to the disparagement of his Cause for he was accused of that he was in no manner guilty of Upon which Sir Nicholas Hide Chief Justice said That he had made a fair and temperate Answer And you may perceive said the Chief Justice the upright and sincere proceedings which have been in this business You no sooner moved for a Habeas Corpus but it was granted you you no sooner desired Council but they were assigned you though any Council might move for you without being assigned and should have had no blame for it The Kings pleasure is his Law should take place and be executed and for that do we sit here And whether the Commitment be by the King or others this Court is the place where the King doth sit in person to do right if injury be done And we have power to examine it and if it appear that any man hath wrong done him by his Imprisonment we have power to deliver and discharge him if otherwise he is to be remanded by us to Prison again And the Attorney-General after the Chief Justice had spoken said Though this be a Case which concerns the King in an high degree yet he hath been so gracious and so just as not to refuse the Examination and Determination thereof according to the Laws of the Kingdom Then the Court proceeded to hear the Arguments made in the Prisoners behalf Mr. Noy argued for Sir Walter Earl Serjeant Bramston for Sir Iohn Heveningham Mr. Selden for Sir Edward Hampden Mr. Calthrop for Sir Iohn Corbet who were all assigned of Council with the Prisoners by the Court of Kings-Bench upon a Petition delivered by them to that purpose After they had argued Mr. Attorney had a day appointed to argue for the King It is not our intention to take up the Readers time with the Arguments at large either by the one side or the other We shall only hint unto you some generals chiefly concerning the form of the Return of the Writ The first Exception taken by the Council for the imprisoned Gentlemen was to the form of the Return 1. For that the Return is not positive but referred to the signification made by another by the Lords of the Council 2. The Keepers of the Prisons have not return'd the Cause of the Commitment but the Cause of the Cause which they held not to be good 3. That the Return of the Commitment is imperfect for that it sheweth onely the Cause of the detaining in Prison and not the Cause of the first Commitment Lastly That the Return is contradictory in it self For that in the first part thereof it is certified that the detaining of those Gentlemen in Prison is per speciale mandatum Domini Regis And when the Warrant of the Lords of the Council is shewn it appeareth that the Commitment is by the command of the King signified by the Lords of the Council The second general Exception was to the matter of the Return and that was touching the Imprisonment per speciale mandatum Domini Regis by the Lords of the Council without any Cause expressed Wherefore said Mr. Selden by the constant and setled Laws of this Kingdom without which we have nothing no man can be justly imprisoned either by the King or Council without a Cause of the Commitment and that ought to be expressed in the Return The Law saith expresly No Free-man shall be imprisoned without due Process of the Law Nullus liber homo capiatur vel imprisonetur nisi per legem terrae c. And in the Charter of King Iohn there are these words Nec eum in carcerem mittimus We will not commit him to Prison that is The King himself will not This right said Serjeant Bramston is the onely means that a Subject hath whereby to obtain his Liberty and the end of it 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 Which cannot be done upon this Return for the Cause of the Imprisonment is so far from appearing particularly by it that there is no Cause at all expressed And the Writ requires that the Cause of the Imprisonment should be returned and the Cause ought to be expressed so far as that it ought to be none of those Causes for which by the Laws of the Kingdom the Subject ought not to be imprisoned and it ought to be expressed that it was by Presentment or Indictment or upon Petition or Suggestion made unto the King For said he observe but the consequence If those Gentlemen who are committed without any Cause shewn should not be bailed but remanded the Subjects of the Kingdom may be restrained of their Liberty for ever and by Law there can be no remedy We shall not reflect upon the present time and Government but we are to look what may betide us in time to come hereafter The Laws are called the great Inheritance of every Subject and the Inheritance of Inheritances without which we have nothing that deserves the name of Inheritance If upon a Habeas Corpus a Cause of Commitment be certified then said Mr. Noy the Cause is to be tryed before your Lordships but if no Cause be shewn the Court must do that which standeth with Law and Justice and that is to deliver the party The Commons did complain in Ed. 3. his time that the great Charter and other Statutes were broken They desired that for the good of himself and his people they may be kept and put in execution and not infringed by making any Arrest by special command or otherwise And the Answer which was given them was this That the said great Charter and other Statutes should be put in execution according to the Petition without disturbance of Arrests by special command And the King granteth the Commons desire in the same words as they were expressed in their Petition And afterwards complaining again That notwithstanding this Answer of the King they were imprisoned by special command without Indictment or other legal course of Law The Kings Answer was upon another Petition unto him That he was therewith well pleased And for the future he added further If any man be grieved let him complain and right shall be done And forasmuch as it doth not appear to the Court that there was any Cause of the Commitment of these Members no Charge against them no Indictment or Process according to the Laws Wherefore Mr. Noy prayed they might be no longer detained in Prison but be bailed or discharged Admit the Commitment of the Command of the King was lawful yet said Mr. Calthorp when a man hath continued in prison a reasonable time he ought to be brought to answer and not to continue still in prison without being brought to answer For that it appeareth
onely an Award and no Judgement and in the L. Chief Justice his Argument there was no word spoken that the King might commit or detain without cause For the King to commit a man is indignum Regi Mercy and Honor flow immediately from the King Judgement and Justice are his too but they flow from his Ministers the Sword is carried before him but the Scepter in his hands These are true Emblems of a good King The Law admits not the King power of detaining in Prison at pleasure In antient times Prisons were but pro custodia carceres non ad poenam sed ad custodiam Admit the King may commit a man yet to detain him as long as he pleaseth is dangerous and then a man shall be punished before his offence Imprisonment is a Maceration of the body and horror to the minde it is vita pejor morte Mr Selden last of all produced the Statutes Presidents and book-Book-Cases which were expresseâ— in point to the Question in hand and the House commanded that Case in the Lord Chief Justice Andersons Book all of his own hand-writing to be openly read And for the Presidentâ— cited by the Kings Council in 34 years of the Queen as the Opinion of all the Judges certainly there was a great mistake in it and the mistake was the greater when it passed as currant by the Judges of the Kings-Bench in the last Case of the Habeas Corpus And that the truth of the Opinion may clearly appear let us read the words out of the Lord Chief Justice Andersons Report out of the Book written with his own hand which will contradict all those Apocrypha Reports that go upon the Case The words of the Report were these Divers persons fueront committes a several temps a several prysons sur pleasure sans bon cause parte de queux estiant amesnes en banck le Roy. Et parte en le Commune banck fuerunt accordant a le ley de la terre mise a large discharge de le imprisonment pur que aucunt grands fueront offendus procure un commandment a les Iudges que ils ne fera ainsi apres Ceo nient meins les Iudges ne surcease mes per advise enter eux ils fesoint certain Articles le tenour de queux ensus deliver eux al seignieurs Chancelor Treasurer eux subscribe avec touts lour mainies les Articles sont come erisnoint We her Majesties Iustices 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 detained in prison by commandment of any Noble man or Councellor against the Laws of the Realm either else to help us to have access to her Majesty to the end to become Suitors to her for the same for divers have been imprisoned for suing ordinary Actions and Suits at the Common-Law until they have been constrained to leave the same against their wills and put the same to order albeit Iudgement 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 sundry 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 according to the Laws they have been discharged of their imprisonment some of which persons so delivered have been again committed to prison in secret places and not to any common or ordinary Prison or lawfull Officer or Sheriff or other lawfully authorized to have or keep a Goal So that upon complaint made for their delivery the Queens Courts cannot tell to whom to direct her Majesties Writs and by this means Iustice cannot be done And moreover divers Officers and Serjeants of London have been many times committed to Prison for lawfull executing of her Majesties Writs sued forth of her Majesties Court at Westminster 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 and by unlawfull imprisonment have been constrained not only to withdraw their lawfull suits but have been also compelled to pay the Pursevants so bringing such persons great sums of money All which upon complaint the Iudges are bound by Office and Oath to relieve and help by and according to her Majesties Laws And where it pleaseth your Lordships to will divers of us to set down in what Cases a Prisoner sent to custody by her Majesty or her Councel are to be detained in Prison and not to be delivered by her Majesties Court or Iudges We think that if any person be committed by her Majesties command from her person or by order from the Council board and if any one or two of her Council 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 by the Law and Iudgement of acquittal had Nevertheless the Iudges may award the Queens Writ to bring the bodies of such Prisoners before them and if upon return thereof the causes of their commitment be certified to the Iudges as it ought to be then the Iudges in the Cases before ought not to deliver him but to remand the Prisoner to the place from whence he came which cannot conveniently be done unless notice of the cause in general or else in special be given to the Keeper or Goaler that shall have the Custody of such a Prisoner All the Iudges and Barons did subscribe their names to these Articles Ter. Paschae 34 Eliz. and delivered one to the L. Chancellor and another to the L. Treasurer after which time there did follow more quietness then before in the Cause before mentioned After the reading of this Report Sir Edw. Cook said That of my own knowledge this Book was written with my L. Andersons own hand it is no flying report of a young Student I was Solicitor then and Treasurer Burley was as much against Commitment as any of this Kingdom It was the White Staves that made this stir Let us draw towards a conclusion The Question is whether a Feeman can be imprisoned by the King without setting down the cause I leave it as bare as Aesops Crow they that argue against it Humores moti non remoti corpus destruunt It is a Maxime the Common-Law hath admeasured the Kings Prerogative that in no Case it can prejudice the Inheritance of the Subjects had the Law given the Prerogative to that which is taken it would have set some time to it else mark what would follow I shall have an Estate of Inheritance for life or for years in my Land or propriety in my Goods and I shall be a Tenant at will for my liberty I shall have
most loving Kinsman C. P. Given at Our Palace of Saint Iames 14 Martii 1621. To the Right Honorable the Lord Balthazar of Zuniga Right Honorable and Wel-beloved Friend BEcause we have divers times been informed by your Friends of your singular propension and zeal towards our Affairs we neither will nor ought to leave you unsaluted at this time you have so well deserved of us But it will be no small accession of your good will if you continue as you have begun to promote by your assistance our concernments with his Majesty our Welbeloved Brother which by what way it may best be done our Ambassador the Baron John Digby will be able to direct you to whom we have intrusted the residue of that matter And if during his residence there he may make use of your singular Humanity and Favor with the King in his Negotiation it will be most acceptable to us and render us who were by your deservings already forward to oblige you most forward for the future to deserve well of you which we shall most willingly testifie as occasion offers not onely in word but in deed J. R. Given at our Palace of Theobalds March 14. 1621. Sir Walter Aston the Leiger Ambassador had managed that Treaty by directions received from Digby and now Digby remained at large in it and had communication of the Passages from him The Spaniards proceed in the Match with a very formal appearance for at this very time the Emperors Ambassador in Spain had discoursed of a Marriage between his Masters Son and the Infanta but was presently answered That the Kings hands were tied by a Treaty on foot with the King of Great Brittain and in this particular they seemed as said the English Agent to deal above board In the mean time the Privy Council by the Kings Commandment consulted about the raising of Moneys to defend the Palatinate They appointed the Keeper of the Records in the Tower to search for all such writings as concerned the Levies of Men at the Publick charge of the Countrey from the time of King Edward the Third until this present Likewise they directed Letters of the tenor following to the Justices of the Courts at Westminster and to the Barons of the Exchequer WHat endeavors his Majesty hath used by Treaty and by all fair and amiable ways to recover the patrimony of his Children in Germany now for the most part withholden from them by force is not unknown unto all his loving â—ubjects since his Majesty was pleased to communicate to them in Parliament his whole proceedings in that business Of which Treaty being of late frustrate he was inforced to take other resolutions namely to recover that by the Sword which by other means he saw no likelihood to compass For which purpose it was expected by his Majesty that his people in Parliament would in a cause so nearly concerning his and his Childrens interest have chearfully contributed thereunto But the same unfortunately failing his Maâ—esty 〈◊〉 constrained in a case of so great necessity to try the dutiful affections of his â—â—ing Subjects in another way as his Predecessors have done in former times by propounding unto them a voluntary contribution And therefore as your selves have already given a liberal and worthy example which his Majesty doth take in very gratious part so his pleasure is and we do accordingly hereby authorise and require your Lordships as well to countenance and assist the service by your best means in your next Circuits in the several Counties where you hold General Assizes as also now presently with all convenient expedition to call before you all the Officers and Attorneys belonging to any his Majesties Courts of Iustice and also all such others of the Houses and Societies of Court or that otherwise have dependence upon the Law as are meet to be treated withal in this kinde and have not already contributed and to move them to joyn willingly in this contribution in some good measure answerable to that your selves and others have done before us according to their means and fortunes Wherein his Majesty doubteth not but beside the interest of his Children and his own Crown and Dignity the Religion professed by his Majesty and happily flourishing under him within this Kingdom having a great part in the success of this business will be a special motive to incite and perswade them thereunto Nevertheless if any persons shall out of obstinacy or disaffection refuse to contribute herein proportionably to their Estates and Means you are to certifie their names unto this Board And so recommending this service to your best care and endeavor and praying you to return unto us Notes of the names of such as shall contribute and of the sums offered by them We bid c. Letters to the same effect were directed to the High Sheriffs and Justices of Peace of the several Counties and to the Majors and Bailiffs of every City and Town-Corporate within the Kingdom requiring them to summon all of known Abilities within their Jurisdictions and to move them to a chearful contribution according to their Means and Fortunes in some good measure answerable to what others well-affected had done before them And to make choice of meet Collectors of the Moneys and to return a Schedule of the names of such as shall contribute and the sums that are offered by them that his Majesty may take notice of the good inclinations of his Subjects to a cause of such importance as likewise of such others if any such be as out of obstinacy or disaffection shall refuse to contribute About this time George Abbot Archbishop of Canterbury began to fall into disgrace at Court his enemies taking the advantage of a late sad misfortune for shooting at a Deer with a Cross-bow in Bramzil Park he casually killed the Keeper Upon this unhappy accident it was suggested to the King who already disgusted him for opposing the Match with Spain That in regard of his eminent rank in the Church it might administer matter of Scandal which was aggravated by such as aspired unto his place and dignity The Bishop of Lincoln then Lord Keeper informed the Marquess of Buckingham That by the Common Law of England the Archbishops whole estate was forfeited to the King and by the Common Law which is still in force he is made irregular ipso facto and so suspended from all Ecclesiastical Function until he be restored by his Superior which was the Kings Majesty in this rank and order of Ecclesiastical Jurisdiction To adde affliction to the afflicted said he will be against his Majesties nature yet to leave a man of Blood Primate and Patriark of all his Churches is a thing that sounds very harsh in the Old Councils and Cannons and the Papists will not spare to censure it The King made choice of the Lord Keeper the Bishops of London Winton Rochester St. Davids and Exeter Sir Henry Hobart Justice Doderidge Sir Henry Martin
King nor any other but with that express Clause and Condition That he should be bred in his own Religion and have such Tutors and Servants as his Father should appoint XI That the Lord Conway hath been the cause of all the Earl of Bristol's Troubles by his dubious and intrapping Dispatches and inâ—erring That the said Earl hath failed in his Directions when it shall be made appear that his Dispatches contained no such Directions as he hath alledged were given The House not being satisfied to commit the Earl to the Tower let him remain where he was before with the Gentleman Usher and further ordered That the Kings Charge against the Earl of Bristol be first heard and then the Charge of the said Earl against the Duke yet so that the Earls Testimony against the Duke be not prevented prejudiced or impeached The day following the Lord Keeper delivered a Message from the King to the House of Lords THat his Majesty taketh notice of the Articles exhibited against the Duke of Buckingham by the Earl of Bristol and he observeth that many of them are such as himself is able to say more of his own knowledge then any man for the Dukes sincere carriage in them That one of them touching the Narrative made in Parliament in the One and twentieth of King Iames trencheth as far upon himself as the Duke for that his Majesty went as far as the Duke in that Declaration and that all of them have been closed in the Earls own breast now for these two years contrary to his Duty if he had known any crime of that nature by the Duke and now he vents it by way of recrimination against the Duke whom he knows to be a principal Witness to prove his Majesties Charge And therefore That his Majesty gave them thanks that they gave no way to the Earl of Bristol's unreasonable motion of putting the Duke under the same restraint that they had put the Earl thereby eschewing what the Earl aimeth at to alter their dutifull Procedings toward his Majesty That thereby they had made his Majesty confident that as they have so they will put a difference between his Majesties Charge against one that appeareth as a Delinquent and the recrimination of the Earl of Bristol against his Majesties Witness and they will not equal them by a proceeding Pari Passu At this time there was an endeavor to take the Earls Cause out of the House and to proceed by way of Indictment in the Kings-Bench To which manner of proceeding why the Lords should not give way these ensuing Reasons were offered to consideration I. IT was ordered That in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have their learned Council to assist them in their defence And their Lordships declared That they did give their assents thereto because in all Cases as well Civil as Criminal and Capital they hold That all lawfull help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned II. The Earl of Bristol by his Petition to the House complained of his restraint desiring to be heard here as well in points of his wrongs as in his accusations against the Duke whereof his Majesty taking consideration signified his pleasure by the Lord Keeper April the 20 That his Majesty was resolved to put his Cause upon the honor and justice of this House and that his pleasure was that the said Earl should be sent for as a Delinquent to answer the offences he committed in his Negotiation before his Majesties going into Spain whilest his Majesty was there and since his coming thence and that his Majesty would cause these things to be charged against him in this House so as the House is fully possessed of the Cause as well by the Earls Petition as by the Kings assent and the Earl brought up to the House as a Delinquent to answer his offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if he be proceeded withal by way of Indictment in the Kings-Bench these dangerous inconveniences will follow viz. 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in a convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberties of the House will be thereby infrigned the Honor and Justice thereof declined contrary to the Kings pleasure expresly signified by the Lord Keeper All these things are expresly against the Order 5. The Earl being indicted it will not be in the power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true meaning of the Order and the Kings pleasure already signified and preserve the Liberties of the House and protect one from injury will be First To have the Charge delivered into the House in writing and the Earl to set down his Answer to it in writing and that the Witnesses may be examined and Evidences on both sides heard by such course and manner of proceedings as shall be thought fit by the House and if upon full hearing the House shall finde it to be Treason then to proceed by way of Indictment if doubtfull in point of Law to have the opinion of the Judges to clear it if doutfull in matter of Fact then to refer it to a regal Fait And the rather for that 1. It appears that the Earl in the space of two years till now he complained hath not been so much as questioned for matter of Treason 2. He hath been examined upon twenty Interrogatories and the Commissioners satisfie that his Answer would admit of no Reply 3. The Lord Conway by several Letters hath intimated That there was nothing against him but what was pardoned by the Parliament Pardon of 21 Iac. And signified his Majesties pleasure That he might rest in that security he was and sit still His Majesty hath often declared both to the Countess of Bristol and others That there was neither Fellony nor Treason against him nor ought else but what a small acknowledgment would expiate Some Cases happened in Parliament 1 2 Caroli wherein the Judges opinions were had viz. THis Question was put to all the Justices Whether a Peer impeached for Treason shall be tried in Parliament And the chief Justice in the name of all the Justices delivered his opinion that the course by Law was Indictment and this to be signified in Parliament before the Lord Steward vide 10
Edward 4.6 or by Bill and an Act of Parliament to attaint the Party An Order was made in the Upper-House of Parliament 21 Iac. That any Peer shall have Counsel in case Criminal or Capital and upon the Accusation of the Earl of Bristol in Parliament he made a motion for Counsel which matter was commended to the King by the Lords with voucher of the said former Order The King returned Answer that this was contrary to the Fundamental Laws of the Realm but inasmuch as it was for his Benefit and Prerogative with which he may dispence therefore out of his grace he would allow the Earl of Bristol to have his Counsel with protestation that he would advise in the general and the same Order was made without his privity and without hearing the Justices or his Counsel And upon the Trial of the Lord Middlesex in a Case Criminal and not Capital afterward that is to say Friday after upon the assembly of all the Justices the Attorney of the King by commandment of the King demanded their opinion and they with one voice agreed That where the Trial is upon Indictment no Counsel in Fellony or Treason is to be allowed unless a matter of Law happen or upon the Indictment or upon Plea of the Defendant or upoâ— Evidence and in such Cases the Prisoner may have Counsel but not otherwise The Lords by Order referred to the Justices this Question Whether the King may be a Witness in case of Treason Secondly Admit that this be for Treason done when he is privy Whether in this case he may be a Witness or not and before the Resolution this Message and Command came from the King to the Justices that in this general Question they do not deliver any opinion but if any point come in particular they upon mature deliberation may give their advice And this was declared by the Cheif Justice in the Upper House of Parliament and the said Matter surceased Sitting this Parliament the Duke of Buckingham was deputed Procurator by several Peers whose Votes on any occasion he had power to make use of viz. By the Earls of Bath Exeter Cumberland Northumberland Lord Teinham Colchester Tunbridge Evers Darcy Meynel Noel St. John of Basing Mansfield and Roberts Whereupon the House of Peers made an Order That after this Session no Lord of this House shall be capable of receiving above two Proxies nor more to be numbred in any Cause voted About a fortnight after the Charge was given in against the Earl of Bristol the Earl gave in his Answer which we have chosen to insert here for the Readers more conveniency though a little out of time And having the Answer in his hand ready to deliver to their Lordships he did crave leave that by way of Introduction he might speak a few words and began thus I Am not insensible upon what disadvantages I come to tryal in this Cause For first I am faln into this Majesties heavy displeasure and am to encounter with a potent Adversary highly in favor and am accused for Treason for which all Counsel and Friends abandon me as a man infected with the Plague I am become bound and under restraint whereas a man who is to encounter for his life and honor and with a strong Adversary had need to come upon equal terms But as to the Matter I finde my self charged with divers Articles of High Treason but looking into them with the eyes of my best understanding with the opinion also of my Council lately assigned me and taking them apart one Article from another I finde not any thing in them like Treason or that hath so much as the shew or countenance of a fault either in act or words onely by laying all things together and by wresting the wrests with a strained Construction directly contrary to the true sence and meaning of them and the occasion whereupon they were spoken it is informed and that by way of inference onely That the intent was evil and the matter to prove the intent to be evil depends upon two props viz. Ill affection to Religion and too much affection to Spain which if I shall clear the Inference grounded upon these props will fall of it self Therefore I crave leave of your Lordships before I give my Answer to the Charge that I may give you an account of these two particulars and I humbly beseech you that what I shall speak in my just defence may not be conceived to proceed of vain ostentation And first for Religion I was in my Childhood bred in the Protestant Religion and rather after the stricter manner then otherwise When I grew in years fit I travelled into France Italy and Rome it self In all which Travels I can produce some that I consorted withal who will witness with me that I ever constantly used the Religion I professed without the least prevarication no man being able to charge me that so much as out of curiosity I ever was present at any of the exercises belonging to the Roman Religion or did the least act of Conformity to any of their Rites or Ceremonies Secondly After my return home I was received into the service of his late Majesty of Blessed Memory whom I served some years as a Gentleman of his Privy Chamber and Carver in which time none of his Majesties Servants received the Holy Sacrament frequented Sermons and other exercises of our Religion more then I. Thirdly In that time of my youth not to avoid idleness but out of affection to Religion I translated that excellent Book of our Faith and great Points of our Religion Written by Monsieur Moulins which his late Majesty having sometimes after seen approved so well that he would needs have it Printed which accordingly was Printed in the name of Mr. Sampford my Chaplain to whom I gave the honor But it was my own act as Mr. Sampford will not deny though to this hour I had never before spoken of it Fourthly About Seven or eight and twenty years of my age I was employed Ambassador into Spain in that great business of the Treaty of the Marriage and whereas others before me carried with them but one Chaplain I had two viz. Mr. Sampford and Mr. Boswel and at my arival at the Court of Spain I caused it to be published that such a day God willing I purposed to have a Communion to the end that such English as were in the Town might resort thither Whereat the Duke De Lerma and other the great Ministers of Spain took offence and told me they might well perceive I brought no good affection to the business I came about that would so publickly and avowedly in that Court where never the like was done proclaim there a Communion and with high expression perswaded me to decline it Whereunto I answered I came to do my Master service which I would heartily and effectually endeavor but would not omit my service to God no though my Master commanded And at
the best way for Reformation And will not this be a happy union if the whole body concur to reduce all into regularity if Laws be our Birth-rights we shall hereby recover them and their splendor this will have good aspect abroad and it will give courage to our men that have been despised and will prevent practises to continue divisions amongst us both at home and abroad The first Sower of seeds of distractions amongst us was an Agent of Spain Gondomar that did his Master great service here and at home Since that we have had other Ministers that have blown the fire The Ambassador of France told his Master at home what he had wrought here the last Parliament namely divisions between King and people and he was rewarded for it Whilst we sit here in Parliament there was another intended Parliament of Jesuites and other well-willers within a mile of this place that this is true was discovered by Letters sent to Rome The place of their meeting is changed and some of them are there where they ought to be if you look in your Calendar there is a day of St. Ioseph it was called in the Letter the Oriental day and that was the day intended for their meeting I speak this to see Gods hand to work our union in their division they are not more rent from us then they are from themselves I desire the meanest judgement to consider what may follow by giving precedency to his Majesty and by so doing we shall put from our selves many imputations If we give any occasion of breach it is a great disadvantage if otherwise it is an obligation to his Majesty which his Majesty will not forget Then he made a motion that the same Committee may hear Propositions of general heads of Supply and afterward go to other businesses of the day for Grievances Others preferred the Consideration of Grievances as a particular root that invades the main liberty of the Subject It is the Law said they that glorious fundamental Right whereby we have power to give we desire but that his Majesty may see us have that right therein which next to God we all desire and then we doubt not but we shall give his Majesty all supply we can The time was when it was usual to desire favors for sowing discords as Gondomar did for Raleigh's head But the debates of this day came to no Resolution The day following Mr Secretary Cook tendred the House certain Propositions from the King touching Supply and told them That his Majesty finding time precious expects that they should begin speedily lest they spend that time in deliberation which should be spent in action that he esteems the Grievances of the House his own and stands not on Precedence in point of honor Therefore to satisfie his Majesty let the same Committee take his Majesties Propositions into consideration and let both concur whether to sit on one in the forenoon or the other in the afternoon it is all one to his Majesty Hereupon the House turned themselves into a Committee and commanded Edward Littleton Esquire unto the Chair and ordered the Committee to take into Consideration the Liberty of the Subject in his Person and in his Goods and also to take into Consideration his Majesties Supply In this Debate the Grievances were reduced to six Heads as to our Persons 1. Attendance at the Council Board 2. Imprisonment 3. Confinement 4. Designation for Forein Imployment 5. Martial-Law 6. Undue Proceedings in matter of Judicature The first matter debated was the Subjects Liberty in his Person the particular instance was in the Case of Sir Iohn Heveningham and those other Gentlemen who were imprisoned about Loan-money and thereupon had brought their Habeas Corpus had their Case argued and were nevertheless remanded to Prison and a Judgment as it was then said was entred Whereupon Mr. Creswell of Lincolns-Inn spake to this purpose Justice said he is the Life and the Heart-blood of the Common-wealth and if the Commonwealth bleed in the master vein all the Balm in Gilead is but in vain to preserve this our Body of Policy from ruin and destruction Justice is both Columna Corona Reipublicae She is both the Columne and the Pillar the Crown and the Glory of the Commonwealth this is made good in Scripture by the Judgement of Solomon the wisest King that ever Raigned upon Earth For first She is the Pillar for he saith By Justice the Throne shall be Established Secondly She is the Crown for he saith That by Justice a Nation shall be Exalted Our Laws which are the rules of this Justice they are the ne plus ultra to both the King and the Subject and as they are the Hercules Pillar so they are the Pillar to every Hercules to every Prince which he must not pass Give me leave to resemble her to Nebuchadnezar's Tree for she is so great that she doth shade not onely the Palace of the King and the House of Nobles but doth also shelter the Cottage of the poorest Begger Wherefore if either now the blasts of indignation or the unresistable violater of Laws Necessity hath so bruised any of the Branches of this Tree that either our Persons or Goods or Possessions have not the same shelter as before yet let us not therfore neglect the root of this great Tree but water it with our Tears that so these bruised Branches may be recovered and the whole Tree again prosper and flourish I know well that Cor regis inscrutabile and that Kings although they are but men before God yet they are gods before men And therefore to my gracious and dread Soveraign whose vertues are true qualities ingenerate both in his judgment and nature let my arm be cut off nay let my soul not live that day that I shall dare to lift up my arm to touch that forbidden Fruit those Flowers of his Princely Crown and Diadem But yet in our Eden in this Garden of the Commonwealth as there are the Flowers of the Sun which are so glorious that they are to be handled only by Royal Majesty So are there also some Daysies and wholesom Herbs which every common hand that lives and labors in this Garden may pick and gather up and take comfort and repose in them Amongst all which this Oculus Diei this bona libertas is one and the chief one I will now descend to the Question wherein I hold with all dutiful submission to better judgments that these acts of Power in imprisoning and consining of his Majesties Subjects in such manner without any Declaration of the Cause are against the fundamental Laws and Liberties of this Kingdom The first from the great favor which the Law doth give unto and the great care which it hath ever taken of the Liberty and safety of this Kingdom To proceed therefore in maintenance of my first reasons I find our Law doth so much favor the Subjects Liberty of
Duke of Bucks made a Speech at the Councel Table and Mr. Secretary at that time acquainted the House therewith The Speech was this SIr me thinks I behold you a great King for love is greater then Majesty opinion that the people loved you not had almost lost you in the opinion of the world But this day makes you appear as you are a glorious King loved at home and now to be feared abroad this falling out so happily give me leave I beseech you to be an humble suitor to your Majesty 1. For my self That I who have had the honour to be your Favorite may now give up that title unto them they to be your Favorites and I to be your Servant My second suit is That they having done also well you will account of them as one a body of many members but of all one heart opinion might have made them differ but affection did move them all to joyn with like love in this great gift for proportion although it be less then your occasions may ask yet it is more then ever Subjects did give in so short a time nor am I perswaded it will rest there for this is but as an earnest of their affections to let you see and the world know what Subjects you have that when the honor and the good of the State is ingaged and Aid asked in the ordinary way of Parliament you cannot want This is not the gift of five Subsidies alone but the opening of a Mine of Subsidies that lieth in their hearts This good beginning hath wrought already these effects they have taken your heart drawn from you a Declaration that you will love Parliaments And again this will meet I make no question with such respect that their demands will be just dutiful and moderate for they that know thus to give know well what is fit to ask Then cannot your Majesty do less then out-go their demands or else you do less then your self or them for your Message begot trust their truth and your promises must then beget performances This being done then shall I with a glad heart behold this work as well ended as now begun and then shall I hope that Parliaments shall be made hereafter â—o frequent by the effects and good use of them as they shall have this further benefit to deter from approaching your ears those projecters and inducers of innovation as disturbers both of Church and Commonwealth Now Sir to open my heart and to ease my grief please you to pardon me a word more I must confess I have long lived in pain Sleep hath given me no rest Favors and Fortunes no content such have been my secret sorrows to be thought the man of separation and that divided the King from his People and them from him but I hope it shall appear they were some mistaken minds that would have made me the evil spirit that walketh between a good Master and loyal People by ill offices whereas by your Majesties favor I shall ever endeavour to approve my self a good spirit breathing nothing but the best of services to them all Therefore this day I account more blessed to me then my birth to see my self able to serve them to see you brought in love with Parliaments to see a Parliament express such love to you and God so love me and mine as I joy to see this day Mr. Secretary Cook also at this time repeated the substance of the Kings Answer to the Petition concerning Recusants And after he had done Sir Iohn Elliot expressed the great satisfaction which he apprehended the House in general and himself in special had received touching each particular of his Majesties gracious Answer but shewed his dislike that Mr. Secretary in the close of his Relation made mention of another in addition to his Majesty which formerly hath been a matter of complaint in the House the mixture with his Majesty not onely in the business but in his name Is it said he that any man conceives the mention of others of what quality soever can add incouragement or affection to us in our duties and loyalties towards his Majesty or give them greater latitude or extent then naturally they have or is it supposed that the power or interest of any man can add more readiness to his Majesty in his gracious inclination to us then his own goodness gives him I cannot believe it And as the sweetness and piety of his Majesty which we have in admiration makes me confident in this so the expressions of our duty so perspicuous and clear as already hath been given is my assurance for the other But Sir I am sorry there is this occasion that these things should be argued or this mixture which was formerly condemned should appear again I beseech you Sir let it not be hereafter let no man take this boldness within these Walls to introduce it though I confess for my particular I shall readily commend nay thank that man whose endeavors are applied in such Offices as may be advantageable for the publique Yet in this matter so contrary to the Customs of our Fathers and the honor of our Times I cannot without Scandal apprehend it nor without some Character or Exception pass it by that such interposition may fol the future be left Now let us proceed said he to those services that concern his Majesty and the Subject which I doubt not in the end will render us so real unto him that we shall not need more help to endear us to his favor The Commons having expressed their dutiful affections towards his Majesty in giving him so large a Gift as five Subsidies and having also shewed their care of the Subjects in the liberty of their Person and propriety in their Goods did now prepare to transmit their Resolves to the Lords for their concurrence and several Members were appointed to manage a Conference with the Lords concerning the same We shall briefly touch some Passages of that Conference as to the rational and historical Part thereof omitting to mention Precedents and book-Book-Cases lest they should prove tedious to the Reader SIr Dudly Diggs began with this Introduction I am commanded to shew unto your Lordships in general that the Laws of England are grounded on Reason more ancient then Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a Nolumus mutari and so ancient that from the Saxon days notwithstanding the injuries and ruines of time they have continued in most part the same as may appear in old remaining Monuments of the Laws of Ethelbert the first Christian King of Kent Ina the King of the West Saxons Osfa of the Mercians and of Alfred the great Monarch who united the Saxon Heptarchie whose Laws are yet to be seen published as some think by Parliament as he says to that end ut qui sub uno rege sub una
agreed in one that he ought not by the Law to be tortured by the Rack for no such punishment is known or allowed by our Law And this in case of Treason was brought into this Kingdom in the time of Henry 6. note Fortescue for this Point in his Book de laudibus legum Angliae see the preamble of the Act 28. H. 8. for the Trial of Fellony where Treasons are done upon the Sea and Statute 14. Edw. 3. Ch. 9. of Jaylours or Keepers who by duresse make the prisoners to be approvers Since the last Session of Parliament certain Merchant who traded in Wines had been committed to the Fleet for the non-payment of an Imposition of 20. s. the Tun and were now at liberty upon their entring into bond for the payment of that Imposition Moreover the King in full Councel declared his absolute will and pleasure to have the entry of 2. s. 2. d. the hundred upon all Currens to be satisfied equally with that of 3. s. 4. d. before the landing of that Commodity it being a duty laid by Queen Elizabeth who first gave being to the Levant Company and which had been paid both in his Fathers time and his own and that their Majesties were equally possessed of the whole summe of 5. s. 6. d. the hundred by a solemn and Legal Judgement in the Exchequer and he straightly charged his Councel to examine the great abuse in this point and to make a full reparation to his Honour by inflicting punishment as well upon Officers as Merchants that for the future they may beware of committing such contempts And Divers Merchants of London having forcibly Landed and endeavoured to carry away their Goods and Merchandises from the Custom-house Key without payment of duties were summoned to the Councel-table And the Councel was informed against them that they had caused great and unlawful assemblies of people to be gathered together to the breach of the Kings Peace and Mr. Chambers was committed to prison by the Lords of the Councel for some words spoken at that time Michaelmas 4. Car. Richard Chambers being in Prison in the Marshalsie Del hostel de Roy desired an Habeas Corpus and had it which being returable upon the 16. day of October the Marshall returned that he was committed to prison the 28. day of Septemb. last by command of the Lords of the Councel The Warrant verbatim was That he was committed for insolent behaviour and words spoken at the Councel-Table which was subscribed by the Lord Keeper and twelve others of the Councel The words were as information was given though not expressed in the Return That such great Customes and Impositions were required from the Merchants in England as were in no other place and that they were more screwed up then under the Turk And because it was not mentioned what the words were so as the Court might adjudge of them the Return was held insufficient and the Warden of the Prison advised to amend his Return and he was by Rule of the Court appointed to bring his prisoner by such a day without a new Habeas Corpus and the Prisoner was advised by the Court That in the mean time he should submit to the Lords and Petition them for his enlargement The Warden of the Prison bringing the Prisoner in again in Court the 23. day of October Then Mr. Iermin for the Prisoner moved That forasmuch as it appeared by the Return that he was not committed for Treason or Felony nor doth it appear what the words were whereto he might give answer he therefore prayed he might be dismissed or bailed But the Kings Attourney moved That he might have day untill the 25. of October to consider of the Return and be enformed of the words and that in the interim the Prisoner might attend the Councel-Table and Petition But the Prisoner affirmed that he oftentimes had assayed by Petition and could not prevail although he had not done it since the beginning of October and he prayed the Justice of the Law and the inheritance of a Subject Whereupon at his importunity the Court commanded him to be bailed and he was bound in a Recognizance of four hundred pounds and four good Merchants his Sureties were bound in Recognizance of one hundred pound a piece that he should appear here in Crastino animarum and in the interim should be of the good behaviour And advertized him they might for contemptuous words cause an Indictment or Information in this Court to be drawn against him if they would The Lords of the Councel were much dissatisfied with the Bailing of Chambers Whereupon the Judges were â—ent for to the Lord Keeper at Durham House where were present besides the Lord-Keeper the Lord Treasurer Lord Privy Seal and the Chancellor of the Dutchy And the Lord Keeper then declared unto them that the said enlargement of Chambers was without due regard had to the Privy Councel in not first acquainting them therewith To this the Judges answered that to keep a fair correspondency with their Lordships they had by the Lord chief-Chief-Justice acquainted the Lord Keeper in private therewith before they baild the party And that what they had done as to the bailing of the prisoner was according to Law and Justice and the conscience of the Judges To this it was replied that it was necessary for the preservation of the State that the power and dignity of the Councel Table should be preserved and that it could not be done without correspondency from the Courts of Justice so they parted in very fair tearms On Thursday the 27. of November Felton was removed from the Tower to the Gate-house in order to his tryal and was the same day brought by the Sheriffs of London to the Kings-bench Bar and the indictment being read he was demanded whether he were guilty of the murder therein mentioned he answered he was guilty in killing the Duke of Buc. and further said that he did deserve death for the same though he did not do it out of malice to him So the Court passed sentence of death upon him whereupon he offered that hand to be cut off that did the fact but the Court could not upon his own offer inflict that further punishment upon him neverthelesse the King sent to the Judges to intimate his desire that his hand might be cut off before execution but the Court answered that it could not be for in all murthers the Judgement was the same unlesse when the Statute of 25. E. 3. did alter the nature of the offence and upon a several indictment as it was in Queen Elizabeths time when a Felon at the Bar flung a stone at a Judge upon the Bench for which he was indicted and his sentence was to have his hand cut off which was accordingly done and they also proceeded against him upon the other indictment for Felony for which he was found guilty and afterwards hanged and Felton was afterwards hung up
and Southcot Justices That offences committed in Parliament may be punished out of Parliament And 3 Ed. 3.19 it is good Law And it is usual neer the end of Parliaments to set some petty punishment upon offenders in Parliament to prevent other Courts And I have seen a Roll in this Court in 6 H. 6. where judgment was given in a writ of annuity in Ireland and afterwards the said judgment was reversed in Parliament in Ireland upon which judgment Writ of Error was brought in this Court and reversed Hide Chief Justice to the same intent No new matter hath been offered to us now by them that argue for the Defendants but the same Reasons and Authorities in substance which were objected before all the Justices of England and Barons of the Exchequer at Sergeants-Inn in Fleet-street upon an Information in the Star-Chamber for the same matter At which time after great deliberation it was resolved by all of them That an offence committed in Parliament that being ended may be punished out of Parliament And no Court more apt for that purpose then this Court in which we are and it cannot be punished in a future Parliament because it cannot take notice of matters done in a foregoing Parliament As to that that was said That an Inferiour Court cannot meddle with matters done in a Superior True it is That an Inferior Court cannot meddle with judgments of a Superior Court but if the particular members of a Superiour Court offend they are oft-times punishable in an Inferior Court As if a Judg shall commit a capital offence in this Court he may be arraigned thereof at Newgate 3 E. 3.19 and 1 Mar. which have been cited over-rule this case Therefore Whitlock accordingly 1. I say in this Case Nihil dictum quod non dictum prius 2. That all the Judges of England have resolved this very point 3. That now we are but upon the brink and skirts of the Cause for it is not now in Question if these be offences or no or if true or false but only if this Court have jurisdiction But it hath been objected That the offence is not capital therefore it is not examinable in this Court But though it be not capital yet it is criminal for it is sowing of sedition to the destruction of the Commonwealth The Question now is not between us that are Judges of this Court and the Parliament or between the King and the Parliament but between some private Members of the House of Commons and the King himself for here the King himself questions them for those offences as well he may In every Commonwealth there is one supereminent Power which is not subject to be questioned by any other and that is the King in this Commonwealth who as Bracton saith solum Deum habet ultorem But no other within the Realm hath this Priviledge It is true that that which is done in Parliament by consent of all the house shall not be questioned elsewhere but if any private Members exuunt personas judicum induunt malefacientium personas sunt seditiosi is there such Sanctimony in the place that they may not be questioned for it elsewhere The Bishop of Ross as the Case hath been put being Embassadour here practised matters against the State And it was resolved That although Legatus sit Rex in alieno solo yet when he goes out of the bounds of his Office and complots with Traytors in this Kingdom that he shall be punished as an offender here A Minister hath a great Priviledge when he is in the Pulpit but yet if in the Pulpit he utter speeches which are scandalous to the State he is punishable so in this Case when a Burgess of Parliament becomes mutinous he shall not have the Priviledge of Parliament In my opinion the Realm cannot consist without Parliaments but the behaviour of Parliament-men ought to be Parliamentary No outragious speeches were ever used against a great Minister of State in Parliament which have not been punished If a Judge of this Court utter scandalous speeches to the State he may be questioned for them before Commissioners of Oyer and Terminer because this is no judicial act of the Court. But it hath been objected That we cannot examine Acts done by a higher Power To this I put this Case When a Peer of the Realm is arraigned of Treason we are not his Judges but the high Steward and he shall be tryed by his Peers But if errour be committed in this proceeding that shall be reversed by errour in this Court for that which we do is Coram ipso Rege It hath been objected That the Parliament-Law differs from the Law by which we judge in this Court in sundry Cases And for the instance which hath been made That by the Statute none ought to be chosen Burgesse of a Town in which he doth not inhabit but that the usage of Parliament is contrary But if Information be brought upon the said Statute against such a Burgess I think that the Statute is a good warrant for us to give judgement against him And it hath been objected That there is no President in this matter But there are sundry Presidents by which it appears that the Parliament hath transmitted matters to this Court as 2 R. 2. there being a question between a great Peer and a Bishop it was transmitted to this Court being for matter of behaviour and although the Judges of this Court are but inferiour men yet the Court is higher for it appears by the 11 Eliz. Dy. That the Earl Marshal of England is an Officer of this Court and it is always admitted in Parliament That the priviledges of Parliament hold not in three Cases to wit in case of Treason secondly in case of Felony and in suit for the peace and the last is our very case Therefore c. Crook argued to the same intent but I did not well hear him he said That these offences ought to be punished in the Court or no where and all manner off offences which are against the Crown are examinable in this Court It hath been objected That by this means none will adventure to make his complaints in Parliament That is not so for he may complain in a Parliamentary course but not falsely and unlawfully as here is pretended for that which is unlawfully cannot be in a Parliamentary course It hath been objected That the Parliament is a higher Court then this is And it is true But every Member of Parliament is not a Court and if he commit offence he is punishable here Our Court is a Court of high jurisdiction it cannot take cognizance of real Pleas but if a real Plea comes by Error in this Court it shall never be transmitted But this Court may award a grand Cape and other Process usual in real Actions But of all capital and criminal causes we are originally competent Judges and by consequence of this matter But I am not
baylable And 33 Eliz. it was resolved by all the Iustices of England which I have viewed in chief Iustice Andersons Book under his own hand and it was produced in Parliament That all men committed by the Privy Councill are baylable if the commitment be not for high treason In all cases of commitment an accuser is understood Suppose that the accusation mentioned in Russel's case of sedition had been an accusation of treason then the Iudges ought not to have bayled him of right and no man will say but that the said accusation was a good cause to commit him But the discovery of the offence ought to be afterward in an Indictment Fourthly I come to the objections which have been made on the contrary 1 st It was objected That this was a case of great consequence I confesse it but this consequence is not to the King for if it be truly treason then they might have returned Treason and then the party was not to be bayled of right till there should be a failer of prosecution as was lately in Melvins case who was bailed for lack of prosecution the Return being for high treason 2 ly It was objected that there can be no conviction as this case is therefore there ought to be coercive power to restrain the prisoner This is strange newes to me that there shall be any offence for which a man cannot be convict And if there can be no conviction it hence followes that there is no offence and if there be no offence there ought by consequence to be no imprisonment 3 ly The case of 14 H. 7.8 hath been objected that a Iustice of Peace may commit Rioters without bayl I confesse it for this is by force of a Statute which ordains it 4 ly It hath been objected That if a house be on fire it is lawfull to pull down the neighbours house for the prevention of further mischief and the cases of 22 ass and 22 E. 4. that every man may justifie the coercion of a mad-man I answer That these cases are true for of necessity and no other evasion but here bayl is proffered which is body for body Fire is swift and cannot be punished and no caution can be obtained thereof But observe the true inference and consequence of this Argument If my house be on fire my neighbours house must be pulled down Mr Selden is seditious ergo Mr. Herbert his neighbour must be imprisoned 5 ly It hath been objected out of Br. Treason 24. 1 Mar. That the said Statute of 25 E. 3. is taken largely and that the detaining of a Castle or Fortresse is treason To this I answer That the bare detaining of a Castle is not treason unlesse it be with intention of the death of the King but the taking of a Castle is treason And the case there meant by Brook is Constables case Dy. 128. And I confesse 13 Eliz. Dy. 298. Doctor Story 's case that conspiracy to invade the Kingdom is treason for this cannot be without great danger of the death of the King for arma tenenti Omnia dat qui justa negat and all those Indictments were that they intended the death of the King but no such intention is expressed here 6 ly It hath been objected That this case is out of the Petition of Right because in this Return there is a cause shewed But the grievance whereupon the Petition of Right was framed was where no cause was returned It is true that the grievance goes no further but where no cause was returned for that was the grievance at that time But the words of the Petition of Right are further without being charged with any thing to which they might make answer by the Law which implies that such cause ought to be contained in the Return which being put into an Indictment the party may have his answer thereto 7 ly It was objected that the Return shall not be construed and expounded by fractions I answer That we need not make such an exposition for the joynt-construction thereof makes more for us then the severall as is shewed before 8 ly That a generall Return is sufficient and it need not have tearms of Art in it as an Indictment ought to have For answer I confesse it but I affirm as above that a Return ought to be so particular that the nature of the offence ought to appear out of it And it is not to be compared to generall Writs as Apostatâ capiendo Idiota examinando Leproso amovendo and the like for those Writs are good enough because they contain the very matter And although it hath been said that there are two kinds of Lepers yet I never heard but of one And the Writ de Haeretico comburendo is generall and good because it is but a Writ of Execution upon a Iudgment given by the Spirituall power But because they might not meddle with the blood of any man the execution is by the Secular power 9 ly It hath been objected out of 30 ass p. 19. that the King would have one drawn and hanged for bringing in into England the Buls of the Pope But the Book answers it self for he was not drawn and hanged 10 ly The Statute of Westm. 1. cap. 15. was objected But as oft as that Statute is objected I will alwaies cry out The Petition of Right the Petition of Right as the King of France cryed out nothing but France France when all the severall Dominions of the King of Spain were objected to him 11 ly A curious distinction hath been taken by Serjeant Davenport between stirring To sedition and stirring Up sedition for the first implies an inclination onely to do it the second implies an act done But this is too nice for if a man stir up sedition or to sedition if it be with intention of the death of the King the one and the other is treason 12 ly The opinion of Fortescue in 31 H. 6.10 b. hath been objected That for an offence done to the Court a man may be committed before conviction To this I answer 1 st That the Book does not say That he shall be committed without bayl 2 ly The offence being done in face of the Court the very view of the Court is a conviction in Law 13 ly There was objected the 24 of E. 3.23 Sir Fitchet's case who for going armed in the Palace was committed by this Court without bayl or mainprize which seems to be the strongest and hardest case that hath been objected But the answer to it is clear and undeniable for the Statute of 2 E. 3. c. 3. is That if any one come armed before the Iustices he shall forfeit his Armour and shall be imprisoned during the Kings pleasure so that by the expresse purview of the Statute such a man is not baylable So my conclusion remains firm notwithstanding any of those objections That the prisoner here being committed before conviction of any offence it being not possible to understand this
party upon tender of sufficient mainpernors is baylable I confesse that this difference is true but not in all respects for I deny that a man is alwaies baylable when imprisonment is imposed upon him for custody For imprisonment is for two intents the one is that the party which had offended should not avoid the judgment of Law the second is that he shall not do harm in the interim during his tryall and the Law is carefull in this point But it hath been said That although the party be bayled yet he is imprisoned I deny that for so is 1 H. 4.6 If the party come not at the day the Bayl shall be imprisoned but yet the Bayl shall not suffer the same punishment which ought to have been inflicted upon the party as if it were for treason the Bayl shall not answer for the fault but onely for the body Serjeant Berkley did well call a seditious man an Incendiary to the Government and as commune incendium is to be restrained of his liberty And he put 22 E. 4. and 22. ass 56. that a mad-man may be restrained to prevent the hurt he would otherwise do himself and others A seditious man is as a mad-man in the publick State of the Common-wealth and therefore ought to be restrained And it appears by the Writ de Leproso amovendo that a Leper is to be removed and in a manner imprisoned for the contagion of the disease and this is for the safeguard of others lest his Leprosy infect others The application is easie And by the Statute of 1 Jac. c. 33. is restrained to keep within doors if he go abroad any man may iustifie the killing of him The infection of sedition is as dangerous as any of these diseases therefore it is not safe to let seditious men to bayl or at libertyty in dangerous cases the wisest way is to make all safe In all cases of this nature much is left to the discretion of the Court The case of M. 9 E. 3. roll 39. Russell hath been objected to be in the point I have viewed the Record of that case and although it be verbally yet it is not materially to this purpose for the commitment was by a Iustice of North Wales upon the accusation of an accuser and it was within a short time after the Statute of 5 E. 3. by which it was ordained That none should be imprisoned upon the accusation of one accuser But here the detainment is by the King himself for stirring up of sedition And there the Return was That he was accused of Seditions and Undecencies where the latter word doth qualifie the former And there issued a Writ of good behaviour as the use was to enquire of the truth of the offence and it was found that there was no such offence and then upon the same Return again he was set at liberty so that the case there was speciall and the manner of proceedings speciall And I desire that one thing may be observed that Russell came in here upon the Habeas corpus 20 Sept. but was not delilivered untill Hillary Term following And for 28 H. 6. the Duke of Suffolk's case which was objected that the generall accusation of divers treasons was not legall That is true because it was in Parliament and in the nature of an accusation and being in a Court of Iustice it had been unjust to condemn a man before his Tryall and yet this Court upon probability of a fault doth oft-times restrain a man before conviction But it hath been objected in this case They have been a long time imprisoned and no proceedings against them It is well known that there have been some proceedings against them and they declined them and also more then three months is requisite for the preparation of such proceedings and the King intends to proceed against them in convenient time And some that were offendors in the same kind are already delivered to wit Mr. Coryton and Sir Peter Hayman Therefore if any injury be done to the prisoners they themselves are the cause of it for not submitting themselves to the King And for the instance which Mr. Littleton used of the Iudges in 11 R. 2. although they suffered for their opinions given to the King I desire that the time when their opinion was delivered may be considered to wit in the time of R. 2. and the time when they suffered to wit in the time of H. 4. And it was the saying of a noble Gentleman the Lord Egerton That Bealknap suffered rather by the potency of his enemies then the greatnesse of his offence And yet it is to be confessed that they might have given better counsell but there was no time to dispute of the justnesse of their counsell when the sword was in the hands of the Conquerour It hath been relyed upon the resolution of all the Iustices of England in 34 Eliz which resolution is now registred in the Upper House of Parliament at the request of the Commons in tertio Caroli Regis but I leave it to you as that Resolution shall sway your judgments The said Resolution is That the cause ought to be certified in the generality or specialty and here the generall cause is certified at least if the special be not so upon the whole matter the baylment of these prisoners is left to your discretion and I have shewed to you the discretion of your predecessors And if any danger appear to you in their baylment I am confident that ye wil not bayl them if any danger may ensue but first ye are to consult with the King and he will shew you where the danger rests Therefore upon the whole matter I pray that they be remanded When the Court was ready to have delivered their opinions in the grand Habeas corpus for Mr. Selden and others the Prisoners were not brought to the Bar according to the Rule of the Court Therefore Proclamation was made for the Keepers of the severall prisons to bring in their Prisoners but none of them appeared but the Marshall of the Kings Bench who said that Mr. Stroud that was in his custody was removed yesterday and put in the Tower of London by the Kings own Warrant and so it was done with the other Prisoners each of them was removed out of his Prison in which he was before But this notwithstanding it was prayed by the Counsell of the Prisoners that the Court would deliver their opinion for the matter in Law But the Court refused to do that because it is to no purpose for the Prisoners being absent they could not be bayled delivered or remanded Note The last day of the Term a Letter came to the Court from the King himself the effect whereof was to inform the Court of the reasons wherefore the Prisoners were not suffered to come at the day appointed for the resolution of the Iudges Mich. 5 Car. B. R. THe case of the grand Habeas corpus for Mr. Selden
upon the suddain as occasion is offered And there is no necessity that the King should expect a new Parliament The Lords may grant Commissions to determine matters after the Parliament ended but the House of Commons cannot do so And also a new House of Commons consists of new Men which have no conusance of these offences 1 H. 4. The Bishop of Carlile for words spoken in the Parliament that the King had not right to the Crown was arraigned in this Court of high-treason and then he did not plead his priviledge of Parliament but said That he was Episcopus unctus c. 5 ly 4 H. 8. Strode's case hath been objected But this is but a particular act although it be in print for Rastall intitles it by the name of Strode so the title Body and proviso of the Act are particular 6 ly That this is an inferiour Court to the Parliament therefore c. To this I say That even sitting the Parliament this Court of B. R. and other Courts may judge of their priviledges as of a Parliament-man put in execution c. and other cases It is true that the Iudges have oft-times declined to give their iudgment upon the privileges of Parliament sitting the Court But from this it followes not that when the offence is committed there and not punished and the said Court dissolved that therefore the said matter shall not be questioned in this Court 7 ly By this means the priviledges of Parliament shall be in great danger if this Court may judge of them But I answer That there is no danger at all for this Court may judge of Acts of Parliament 8 ly Perhaps these matters were done by the Uotes of the House or if they be offences it is an imputation to the House to say that they had neglected to punish them But this matter doth not appear And if the truth were so these matters might be given in evidence 9 ly There is no president in the case which is a great presumption of Law But to this I answer That there was never any president of such a fact therefore there cannot be a president of such a judgment And yet in the time of Queen Elizabeth it was resolved by Brown and many other Iustices that offences done in Parliament may be punished out of Parliament by imprisonment or otherwise And the case of 3 E. 3.19 is taken for good Law by Stamf. and Fitzh And 22 E. 3. and 1 Mar. accord directly with it But it hath been objected that there was no plea made to the Iurisdiction But it is to be obser-served that Ployden that was a learned man was one of the Defendanâ—s and he pleaded not to the Iurisdiction but pleaded license to depart And the said Information depended during all the Reigne of Queen Mary during which time there were four Parliaments and they never questioned this matter But it hath been further objected That the said case differs from our case because that there the offence was done out of the House and this was done within the House But in the said case if license to depart be pleaded it ought to be tryed in Parliament as well as these offences here Therefore c. And the same day the Iudges spake briefly to the case and agreed with one voice That the Court as this case is shall have Iurisdiction although that these offences were committed in Parliament Afterwards the Parliament which met the 3d. of Novemb. 1640. upon Report made by Mr. Recorder Glyn of the state of the severall and respective cases of Mr. Hollis Mr. Selden and the rest of the imprisoned Members of the Parliament in tertio Caroli touching their extraordinary sufferings for their constant affections to the Liberties of the Kingdom expressed in that Parliament And upon Arguments made in the House thereupon did upon the 6th of July 1641. passe these ensuing Votes which in respect of the reference they have in these last mentioned proceedings we have thought fit though out of order of time to insert viz. Iuly the 6th 1641. REsolved upon the Question that the issuing out of the Warrants from the Lords and others of the Privy Councill compelling Mr. Hollis and the rest of the Members of that Parliament 3. Car. during the Parliament to appeare before them is a breach of the priviledge of Parliament by those Privy Counsellours Resolved c. That the Committing of Mr. Hollis and the rest â—f the Lords and others of the Privy Councill dureing the Parliament is a breach of the priviledge of Parliament by those Lords and others Resolved c. That the searching and sealing of the Chamber Study and Papers of Mr. Hollis Mr. Selden and Sir Iohn Eliot being Members of this House and dureing the Parliament and issuing of warrants to that purpose was a breach of the priviledge of Parliament and by those that executed the same Resolved c. That the exhibiting of an Information in the Court of Star-Chamber against Mr. Hollis and the rest for matters done by them in Parliament being members of Parliament and the same so appearing in the Information is a breach of the priviledge in Parliament Resolved c. That Sir Robert Heath and Sir Humphrey Davenport Sir Hennage Finch Mr. Hudson and Sir Robert Berkly that subscribed their names to the Information are guilty thereby of the breach of priviledge of Parliament Resolved c. That there was delay of Justice towards Mr. Hollis and the rest that appeared upon the Ha. Corp. in that they were not bayled in Easter and Trinity Tearm 5. Car. Resolved c. That Sir Nicholas Hide then chief Justice of the Kings Bench is guilty of this delay Resolved c. That Sir William Jones then being one of the Justices of the Court of Kings Bench is guilty of this delay Resolved c. That Sir Iames Whitlock Knight then one of the Justices of the Court of Kings Bench is not guilty of this delay Ordered That the further debate of this shall be taken into Consideration on to morrow Morning Iuly the 8th 1641. Resolved upon the Question That Sir George Crook Knight then one of the Judges of the Kings Bench is not guilty of this delay That the continuance of Mr. Hollis and the rest of the Members of Parliament 3. Car. in Prison by the then Judges of the Kings Bench for not putting in sureties of the good behaviour was without just or legall cause That the exhibiting of the Information against Mr. Hollis Sir Iohn Eliot and Mr. Valentine in the Kings Bench being members of Parliament for matters done in Parliament was a breach of the priviledge of Parliament That the over-ruling of the plea pleaded by Mr. Hollis Sir Iohn Eliot and Mr. Valentine upon the Information to the Jurisdiction of the Court was against the Law and priviledge of Parliament That the Judgement given upon a Nihil dicit against Mr. Hollis Sir Iohn Eliot and Mr. Valentine and fine thereupon imposed and
Historical Collections OF Private Passages of STATE OF Weighty Matters in LAW OF Remarkable Proceedings in Five Parliaments BEGINNING The Sixteenth Year of KING JAMES ANNO 1618. And ending the Fifth Year of KING CHARLS ANNO 1629. Digested in Order of TIME And now Published By JOHN RUSHWORTH of Lincolns-Inn Esq Prima est Historiae lex nè quid falsi dicere audeat deinde nè quid veri non audeat nè qua suspicio gratiae sit in scribendo nè qua simultatis M.T. Cicer. de Orat. London Printed by Tho. Newcomb for George Thomason at the Sign of the Rose and Crown in St Pauls Churchyard 1659. A. This Paw points out the Caledonian Iarres Sad Harbingers to our intestine Warres B. The Lion passant gardant wonders much The Paw should daâ— presume his Chiefe to touch C. Strange yâ— from Stooles at Scotish Prelates 〈◊〉 Bellona's dire Alarm's should rouze the World D. The Lion the Paw bent to engage Make Peace at Tweed so change the Scene Stage E The double-headed Eagle wide doth Spread Her Wings to fan the Coales yâ— seem'd as dead F. And makes yâ— Lionesseâ—n â—n Instrument To breake that Peace and a fourth Parl'ament G. The Paw invades yâ— Lion at Tine Flood They fight make Truce stop from shedding Blood H. The British Notes sound flat to those more sharp Divisions Eccho'd from the Irish Harp I. The Parl'ament conven'd the Lion try'd By Charging Five The Members to divide K. First Iustice next no Bishop Priviledge last Cry Multitudes who to the Houses haste L. The Lions third Roare prooving fatall drew Such Woes as rarely former Ages knew M T was a Curst Cow kickt down the Milk shee gaue Let us old Englands Lawes and Freedome hauâ— N. Caelestiall Manna thy Spirituall Food O.P. Fed Them with Peace Plenty all that's Good Q. A blazing Comet thy Backsliding showes R Predicteth Ruine presenteth woes S. The Faithfull build them Churches but are stopt By Papists who at th e Aurea Bulla mockt T. Great Caesar to yâ— Romans Crown doth 〈◊〉 His Stately Nephew and creates him King V Prague gives the Crown in Frederick 〈◊〉 His Sword to assert the Germans their 〈◊〉 W. Then from high Windowes vnnawares were 〈◊〉 The Emperors Councell ere the Charge was 〈◊〉 X.Y. The Blow neer Prague was struck The People 〈◊〉 Like Iehu out Warre â— sweet before 't is 〈◊〉 Z What Decollations then What Blood What 〈◊〉 Outacted Tragick Scenes ensu'd that 〈◊〉 TO HIS HIGHNESS RICHARD LORD PROTECTOR of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging May it please your Highness THe Poor Widow came far short of others in her offers into the Treasury and yet when she had given her two Mites she had given all she had I must fall short of her she gave of her own for the two Mites appear to have been so but such is the weakness of my condition and the nature of this ensuing Discourse that I neither can nor shall herein present to Your Highness any thing of my own The words actions and atchievements herein related belong all to other Persons and I can challenge but the bare Representation and the molding them into such a Body wherein they now appear A Body not of so compleat a shape or pourtraiture as may be worthy Your Highness Aspect It s not amiss for Princes to hear of and read the Actions or Miscarriages of Princes nay of lesser persons Indeed they can hardly set more useful Books before their Eyes It is hard for the Pilot to escape unless he hath first discovered those Shelves and Rocks upon which others have been split What is that we call Prudence or Policy but a Systeme of Observations and Experiences deducted from other Mens Principles Practises Purposes and Failings As to the matter contained in this Story relating to Arbitrary courses given way unto by former Princes I shall make bold to use the expression of an eminent person in his time spoken in full Parliament at the Tryal of the Earl Strafford who speaking of an endeavor that had been used to subvert the Laws and to introduce Arbitrary Government has among other Passages this Observation There is in this Crime a Seminary of all Evils hurtful to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt Good and Evil betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of Humane Nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what Dictates what Decisions such Laws will produce may easily be discerned The Law is the Safeguard the Custody of all private Interest your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to every thing what can be more hurtful more pernicious then Arbitrary Power c. Thus far that Gentleman Your Highness will finde here the mention of a great Prince who was wont to say He was an old experienced King and to him belonged the Calling Sitting and Dissolving of Parliaments and he publickly said I speak in his own phrase That he had broke the neck of Three Parliaments yet at last he did comply with his last Parliament and said He saw he should be in love with Parliaments having understood many things by them which otherwise he should never have known Moreover here You will have in view a succeeding Prince who also broke Three Parliaments one after another and how fatal that was to him succeeding times have abundantly declared The Observation is not mine but of much more ancient date those Princes who did most consult with their People in Parliament that being the Common Council of the Nation have most prospered in their courses there being both Safety and Love gained from such Counsellors and Councils And Parliaments in the nature of them are good Physick to cure and redress the Diseases and Distempers of the Body Politick which mostly grow and overflow in the Intervals of them yet many think Parliaments are but an ill constant Dyet which certainly moved Queen Elizabeth of famous Memory who was well acquainted with the Constitution of the Body of this Nation to call Parliaments frequently but to continue none very long By this means she wrought her self into the good opinion of her People and by becoming the Mistress of their Affections she also became in some sort the Mistress of their Purses which were always opened unto her upon the just and urgent occasions of the Nation but the Help and Aid which comes from the People by strains contrary to the Laws of the Nation and Liberties of the People being drawn from them through fear wants the perfume of a
which your self shall discover And you shall advertise me of whatsoever you shall understand the learn governing your self in all occurrents with that wariness and discretion as your zeal to my service doth assure me of These were the Arts of Spain to corrupt divers in the Court of England Buckingham and his Dependants followed the Kings inclinations The Duke of Lenox Marquis Hamilton and William Earl of Pembroke disliking the Kings course did not contest with him but only intimated their dissent It was said of Gondomar That when he returned into Spain he gave in his Account of Disbursments for Pensions given in England amongst others To Sir Robert Cotton 1000 l. a person of great Integrity and one who was ever averse to the House of Austria Which Sir Robert getting notice of by the English Agent then in Spain demanded reparation which was obtained but with a salvo to the Ambassadors honor the error being said to be committed by a Dependent upon the Ambassador and not by himself The King being jealous of uncomptrolled Soveraignty and impatient of his Peoples intermedling with the Mysteries of State had fallen into a great dislike of Parliaments and for many years before had given way to Projects and Monopolies And many of his Ministers perhaps fearing an enquiry into their own actions might suggest to him that he might better furnish himself by those ways and the Match now in treaty then by Subsidies usually accompanied with the redress of Grievances Nevertheless he was now minded to call a Parliament conceiving it might be of special use For he observed the affections of the People to be raised for the Recovery of the Palatinate and then concluded that those affections would open their purses to the supply of his wants and the Treaty with Spain would effect the business without the expence and troubles of War and the good accord between him and his people would quicken the Spaniard to conclude the Match And accordingly Writs were issued forth to assemble them the 30. of Ianuary In the calling of this Parliament he recommended to his Subjects the choice of such Members as were of the wisest gravest and best affected people neither superstitious nor turbulent but obedient Children to this their Mother-Church In the mean while in Germany the Protestant Union continually declined by the gradual falling away of the several partakers The Elector of Saxony reduced the remainder of Lusatia The Province of Moravia upon the approach of Buquoy seeing the Count de Latiere came not in to their succor prayed that they might enjoy their Priviledges in matter of Religion and be received into the Emperors grace and favor which submission was well received at Vienna Likewise the States of Silesia failing of assistance from the Elector Palatine were constrained to make their peace Then the Palatine propounded to the Elector of Saxony an Overture of Peace declaring That he took the Crown upon him to preserve the Protestants in the free exercise of their Religion The Saxon replied That he had no way to make his Peace but to renounce the Kingdom of Bohemia and the Provinces Incorporate and to beg the Emperors pardon Afterwards the Elector Palatine goeth to Brandenburgh and then to Segenburgh where there was an Assembly of Princes and States Protestant to oppose the exploits of Spinola In the mean while Count Mansfield stirs in Bohemia pillages several Towns and the Goods of all those that cryed God save King Ferdinand The relation of England to these affairs of Foreign States had caused a general liberty of discourse concerning matters of State which King Iames could not bear but by Proclamation commanded all from the highest to the lowest not to intermeddle by Pen or Speech with State-concerments and secrets of Empire either at home or abroad which were no fit Themes or Subjects for Vulgar persons or Common meetings On the Thirtieth day of Ianuary the Parliament began to sit and the King came in person and made this Speech MY Lords Spiritual and Temporal and you the Commons Cui multiloquio non deest peccatum In the last Parliament I made long discourses especially to them of the Lower House I did open the true thoughts of my heart but I may say with our Saviour I have piped to you and you have not danced I have mourned and you have not lamented Yet as no mans actions can be free so in me God found some spices of vanity and so all my sayings turned to me again without any success And now to tell the reasons of your calling and this meeting apply it to your selves and spend not the time in long Speeches Consider that the Parliament is a thing composed of a Head and a Body The Monarch and the Two Estates It was first a Monarchy then after a Parliament There are no Parliaments but in Monarchical Governments For in Venice the Netherlands and other Free Governments there are none The Head is to call the Body together And for the Clergy the Bishops are chief for Shires their Knights and for Towns and Cities their Burgesses and Citizens These are to treat of difficult matters and to counsel their King with their best advice to make Laws for the Commonweal And the Lower House is also to petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative They are to offer supply for his Necessity and he to distribute in recompence thereof Justice and Mercy As in all Parliaments it is the Kings office to make good Laws whose fundamental cause is the Peoples ill manners so at this time that we may meet with the new Abuses and the incroaching Craft of the times Particulars shall be read hereafter As touching Religion Laws enough are made already It stands in two points Perswasion and Compulsion Men may perswade but God must give the blessing Iesuites Priests Puritans and Sectaries erring both on the right hand and left hand are forward to perswade unto their own ends and so ought you the Bishops in your example and preaching But Compulsion to obey is to bind the Conscience There is talk of the Match with Spain But if it shall not prove a Furtherance to Religion I am not worthy to be your King I will never proceed but to the glory of God and content of my Subjects For a Supply to my Necessities I have reigned Eighteen years in which time you have had Peace and I have received far less supply than hath been given to any King since the Conquest The last Queen of famous memory had one year with another above a Hundred thousand pounds per annum in Subsidies And in all my time I have had but Four Subsidies and Six Fifteens It is Ten years since I had a Subsidy in all which time I have been sparing to trouble you I have turned my self as nearly to save expences as I may I have abated much in my Household expences in my
Navies in the charge of my Munition I made not choice of an old beaten Soldier for my Admiral but rather chose a Young man whose honesty and integrity I knew whose care hath been to appoint under him sufficient men to lessen my Charges which he hath done Touching the miserable dissentions in Christendom I was not the cause thereof For the appeasing whereof I sent my Lord of Doncaster whose journey cost me Three thousand five hundred pounds My Son in law sent to me for Advice but within three days after accepted of the Crown which I did never approve of for three Reasons First for Religion's sake as not holding with the Jesuites disposing of Kingdoms rather learning of our Saviour to uphold not to overthrow them Secondly I was not Iudge between them neither acquainted with the Laws of Bohemia Quis me Judicem fecit Thirdly I have treated a Peace and therefore will not be a Party Yet I left not to preserve my Childrens Patrimony For I had a Contribution of my Lords and Subjects which amounted to a great sum I borrowed of my Brother of Denmark Seven thousand five hundred pounds to help him and sent as much to him as made it up Ten thousand and Thirty thousand I sent to the Princes of the Union to hearten them I have lost no time Had the Princes of the Union done their parts that handful of men I sent had done theirs I intend to send by way of Perswasion which in this Age will little avail unless a strong hand assist Wherefore I purpose to provide an Army the next Summer and desire you to consider of my Necessities as you have done to my Predecessors Qui cito dat bis dat I will engage my Crown my Blood and my Soul in that Recovery You may be informed of me in things in course of Justice but I never sent to any of my Iudges to give sentence contrary to Law Consider the Trade for the making thereof better and shew me the reason why my Mint for these eight or nine years hath not gone I confess I have been liberal in my Grants but if I be informed I will amend all hurtful Grievances But who shall hasten after Grievances and desire to make himself popular he hath the spirit of Satan If I may know my Errors I will reform them I was in my first Parliament a Novice and in my last there was a kind of beasts called Undertakers a dozen of whom undertook to govern the last Parliament and they led me I shall thank you for your good office and desire that the World may say well of our agreement In this Parliament the Commons presented Sir Tho. Richardson for their Speaker The King minded his former engagements and in the beginning of the Parliament sends Sir Iohn Digby now made Lord Digby into Flanders to the Archduke Albertus to gain a present Cessation from War and to make way for a Treaty of Peace with the Emperor And also about the same time he sent Mr. George Gage to Rome to join with Padre Maestre the Spanish Agent in negotiating the Popes Dispensation The Archduke at Bruxels assented to a Reconciliation in favor of our King and obtained from Marquis Spinola a suspension of all hostility against the Country and Subjects of the Elector Palatine which continued till the death of Archduke Albert who died 17º Iulii following So the Lord Digby returned into England bringing the Cessation of Arms about the same time that Sir Edward Villers brought the Palsgrave's Submission But the Twelve years Peace between Spain and the United Provinces at this time expiring Spinola returned into Flanders and left the Palatinate to the Imperial Forces After the Assembly at Segenburgh the Palatine and his Princess took their journey into Holland where they found a refuge and noble entertainment with the Prince of Orange who gave a high testimony of honor to the Electress at her first arrival for her magnanimous carriage in Bohemia The Ambassage of Weston and Conway prevailed little The Emperor went on in a severe Reformation and frequent Executions among that vanquished people He destroyed most of their antient Laws and made new Ordinances declaring a soveraignty over them not as an Elected King but as a Lord by right of Conquest More Princes of the Union reconcile themselves to the Emperor The Imperial Protestant Towns Strasburgh Worms and Nuremburgh subscribe to Conditions of Peace The reconciled Princes and States intercede for the Elector Palatine but their motion displeased the Emperor who alleadged that the Palatine did not acknowledge his faults nor sue for Pardon but made Levies in Holland and elswhere to renew the War in the Empire For the King of Denmark the United Provinces and divers German Princes did adhere to the Palsgrave's cause and stickle for him But the Princes Confederates being already scattered and the heart of the Union broken Those counsels and enterprises of War on his behalf in stead of repressing the progress of the Austrian party did minister occasion of their more absolute and plenary Conquest But to return to the Parliament in England They petition the King for the due execution of Laws against Jesuites Seminary Priests and Popish Recusants Likewise they take in hand to redress the Peoples Grievances by illegal Patents and Projects and chiefly that of Inns and Alehouses for which there was a great Fine and an Annual Revenue throughout the Kingdom and the Monopoly of Gold and Silver-thread whereby the People were abused with base and counterfeit Wares But the examination of these Abuses was accompanied with the grant of Two Subsidies which was very acceptable to the King Sir Giles Mompesson was convented before the House of Commons for many heinous offences and misdemeanors in this kind to the intolerable grievance of the Subject the great dishonor of the King and the scandal of his Government This Delinquent was committed to prison but he escaped thence and got beyond sea and was pursued by the Kings Proclamation The Commons at a Conference with the Lords offered to prove That the Patents of Gold and Silver-Thread of Inns and Alehouses and of power to Compound for obsolete Laws of the Price of Horse-meat Starch Cords Tobacco-pipes Salt Train-oil and the rest were all illegal Howbeit they touch'd not the tender point of Prerogative but in restoring the Subjects liberty were careful to preserve the Kings honor The Lords resolved to admit no other business till this were ended Hereupon the King came to the House of Lords and there made a Speech MY Lords The last time I came hither my errand was to inform you as well as my memory could serve me of things so long past of the verity of my proceedings and the caution used by me in passing those Letters-Patents which are now in question before you to the effect that they might not be abused in the execution And this I did by way of
highly displeased with some of the Commons House whom he called Ill-tempered spirits Sir Edward Cook Sir Robert Philips were committed to the Tower Mr. Selden Mr. Pym Mr. Mallery to other Prisons and Confinements Order was given for the sealing up the locks and doors of Sir Edward Cooks Chambers in London and in the Temple for the seising of his Papers and the Council debating about the General Pardon that should have passed this last Parliament had consulted about the ways of excluding him from that benefit either by preferring a Bill against him before the publication of the Pardon or by exempting him by name whereof they said they had presidents Likewise Sir Dudley Diggs Sir Tho. Crew Sir Nathaniel Rich and Sir Iames Perrot for punishment were sent into Ireland joined in Commission with others under the Great Seal of England for the enquiry of sundry matters concerning his Majesties service as well in the Government Ecclesiastical and Civil as in point of his Revenue and otherwise within that Kingdom Proclamations had formerly issued out against the Peoples too liberal speaking of matters above their reach Which at this time occasioned Letters from the Council to the Judges of the next Assises taking notice of licentious and undutiful speeches touching State and Government notwithstanding several Proclamations prohibiting the same which the King was resolved no longer to let pass without severest punishment and thereupon required the Judges to give this in Charge in their several Circuits and to do exemplary Justice where they find any such Offenders The King still walked in his beaten path of Sollicitations and Treaties after the constant bad success of his former Mediations For at the very time when he treated of Peace his Son in law was despoiled of his Hereditary patrimony by the Emperors commandment who after the suspension of the Ban or Proscription commanded the taking up of Arms again in the Lower Palatinate the Upper Palatinate being already subdued Which misery King Iames acknowledged to be the fruit of his own patience delays and doubtfulness Nevertheless he ceaseth not to pursue the favor of an implacable Enemy He wrote to the Emperor Ferdinand declaring his earnest endeavors to appease the Bohemian War and his ardent zeal for Peace from the beginning and expressed the Terms which he had prescribed to his Son in law As That he shall for himself and his Son renounce all pretence of Right and Claim to the Crown of Bohemia That he shall from henceforth yield all constant due devotion to the Imperial Majesty as do other obedient Princes Electors of the Empire That he shall crave pardon of the Imperial Majesty That he shall not hereafter any manner of way demean himself unfittingly toward the Imperial Majesty nor disturb his Kingdoms and Countries And that he shall upon reasonable Conditions reconcile himself to other Princes and States of the Empire and hold all good correspondence with them And he shall really do whatsoever like things shall be judged reasonable and necessary King Iames requested of the Emperor the acceptance of these Conditions as a notable testimony of his Imperial Majesties goodness and grace which he said should be by himself acknowledged in all willing service and unfeigned friendship to the Emperor himself and the most renowned House of Austria But if these his just Demands and well-willed Presentations shall not find acceptance or be slightly waved by some new tergiversation or a pretence of that long and tedious way of Consultation with the Princes of the Empire he is resolved to try his utmost power for his Childrens relief judging it a foul stain to his Honor if he shall leave them and their Partizans without counsel aid and protection The Emperor replied and confessed That in this exulcerate business so much moderation and respect of justice and equity hath shined forth in the King of Great Britain that there is not any thing that he should refuse to render thereunto reserving his Cesarean authority and the Laws of the Empire Yet that Person whom it most concerns hath given no occasion by the least sign of repentance to a condescension to this Treaty of Pacification For he is still so obstinate as by continual machinations by Iagerndorf and Mansfeld and other cruel disturbers of the publique peace to call up Hell rather then to acquiesce in better counsels and desist from the usurped Title of a Kingdom Howbeit in favor of the King of Great Britain he shall consent to a Treaty to be held at Bruxels wherein he would devolve his power upon the Illustrious Elizabetha Clara Eugenia Infanta of Spain The appointment of the Treaty at Bruxels was accepted by King Iames whither he sent his Ambassador Sir Richard Weston Chancellor of the Exchequer In the mean while misfortune and misery over-ran the Palatinate The Enemy having prevailed in several grand encounters proceeded to subdue the Country without regard to the Treaty of Peace at Bruxels Which was more easily effected the Commotions in Hungaria Bohemia Silesia Moravia being now ended in a Treaty of Peace between the Emperor and Bethleem Gabor the Emperor having made use of the Palsgrave's submission and resignation of the Crown of Bohemia to accelerate this Treaty About this time Philip the Third King of Spain departed this life and the Lord Digby was sent Extraordinary Ambassador into Spain as well to condole his death as â—o advance the Match and by all means possible to bring it to a final conclusion To which end he was accompanied with Letters from his Majesty and the Prince to that King as also a private Letter to Don Baltazar de Zuniga MOst Serene and Potent Prince Kinsman and dearly beloved Friend when we heard of the Death of your Majesties Father Philip the Third with whom we had great Amity and by our Amity managed very important Matters which he being dead could not but of necessity be interrupted It was no less grief to us then if he had been our own natural and most intimate Brother Which grief we have certified both to your Majesty by our Letters as was fitting and intimated to our people in a solemn and due manner And thus far we have satisfied our selves but in the next place we must also give Custom its due For which end we send unto your Majesty our Publick Ambassador and Messenger of this our Grief the Baron John Digby our Counsellor and Vice-Chamberlain adjoyning unto the rest of his Instructions this our wish That your Serenity may rule your Fathers Kingdoms which you have received under a most prosperous Star with his and your Ancestors Prudence and that we may really finde that love which alway passed between your Father of most happy memory and us propagated with the same candor unto you his Successor the which we also hope Given at our Pallace of Theobalds Mar. 14. 1621. Your Majesties most Loving Brother I. R. Jacobus c. Serenissimo
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
not what way they take to become masters of them sleighting the latter day of Judgment so they may rest secured from yielding any account in this World I have no more to say but that God would be pleased to incline our hearts to do that which may be most for his glory next for the Kings service then for the Countreys happiness To the Doubts which the King propounded the Parliament gave Solution by a Committee of both Houses in the Declaration following delivered by the Archbishop of Canterbury with this Introduction May it please your Sacred Majesty WE are come to you again from your most Faithful Subjects and Loyal Servants the Lords and Commons assembled in this present Parliament And first We humbly let your Majesty know how much we hold our selves bounden unto Almighty God that he hath sent a King to rule and reign over us who is pleased in the greatest and weightiest causes to speak and to be spoken to in Parliament by his good and loving people which causeth the King to understand them over whom he beareth rule and them again to understand him And is a true Bond that tieth the heart of the Sovereign to the Subject and of the Subject reciprocally to their Leige Lord and Sovereign And next we rejoyce that your Majesty hath shewed your self sensible of the insincerity of the King of Spain with whom of late you have had a double Treaty and of the indignities offered by them unto your Blessed Son the Prince and to your Royal Daughter And that your Kingly heart is filled with an earnest desire to make Reparation to her noble Consort and her self of the Palatinate their Patrimonial Possession which is agréeable to Iustice and to all Laws of God and Man For the effecting whereof to certifie with what alacrity with what expediteness and uniformity of heart both your Houses of Parliament in the name of your whole Kingdom have borne themselves unto your Majesty with offer to give their Royal assistance we have digested it into writing lest by the verbal or vocal Delivery of any person it may miscarry or the expression of our zeal be weakned or diminished Which we humbly pray your Majesty to give leave to be read unto you Most Gratious Sovereign WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled Do first render to your Sacred Majesty our most dutiful thanks for that to our unspeakable comfort you have vouchsafed to express your self so well satisfied with our late Declaration made unto your Majesty of our general Resolution in pursuit of our humble Advice to assist your Majesty in a Parliamentary way with our persons and abilities And whereas your Majesty in your great Wisdom and Iudgment foreséeing that it will make a déeper Impression both in the Enemies of that Cause and in your Friends and Allies if they shall not onely hear of the chearful Offers but also sée the real Performance of your Subjects towards so great a Work Your Majesty was pleased to descend to a particular Proposition for the Advancing of this great business We therefore in all humbleness most ready and willing to give your Majesty and the whole World an ample Testimony of our sincere and dutiful Intensions herein Upon mature Advice and Deliberation as well of the weight and importance of this great Affair as of the present Estate of this your Kingdom the Weal and Safety whereof is in our Iudgments apparently threatned if your Majesties Resolution for the dissolving of the Treaties now in question be longer deferred and that Provision for defence of your Realm and aid of your Friends and Allies be not seasonably made have with a chearful consent of all the Commons no one Dissenting and with a full and chearful Consent of the Lords resolved That upon your Maiesties Publick Declaration for the Dissolution and utter Discharge of both the said Treaties of the Marriage and of the Palatinate in pursuit of our Advice therein and towards the support of that War which is likely to ensue and more particularly for those Four Points proposed by your Majesty namely For the Defence of this your Realm the securing of Ireland the assistance of your Neighbors the States of the United Provinces and other your Majesties Friends and Allies and for the setting forth of your Royal Navy We will grant for the present the greatest Aid which ever was given in Parliament That is to say Thrée intire Subsidies and thrée Fiftéens to be all paid within the compass of one whole year after your Majesty shall be pleased to make the said Declaration the Money to be paid into the hands and expended by the direction of such Committées or Commissioners as hereafter shall be agréed upon at this present Session of Parliament And we most humbly beséech your Majesty to accept of these first-fruits of our hearty Oblation dedicated to that work which we infinitely desire may prosper and be advanced And for the future to rest confidently assured That we your loyal and loving Subjects will never fail in a Parliamentary way to assist your Majesty in so Royal a design wherein your own honor and the honor of your most Noble Son the Prince the antient renown of this Nation the welfare and very subsistence of your Noble and onely Daughter and her Consort and their Posterity the safety of your own Kingdom and People and the prosperity of your Neighbors and Allies are so déeply engaged Herunto his Majesty replied My Lords and Gentlemen all I Have nothing to say to the Preamble of my Lord of Canterbury but that he intimated something in it which I cannot allow of For whereas he said I have shewed my self sensible of the insincerity of those with whom I had lately to deal and of the indignity offered to my Children In this you must give me leave to tell you that I have not expressed my self to be either sensible or insensible of the good or bad dealing It was Buckinghams Relation to you which touched upon it by it you must not bar me nor make Iupiter speak that which Iupiter speaks not For when I speak any such thing I will speak it with that reason and back it with that power which becomes a King As for the matter of the Declaration unto my Demands which you have couched in that Paper which I now heard read unto me I confess it is without example that any King hath had such an offer And with your favor I need fear nothing in this World having so much the hearts of my people For the large offer of assistance I hold it to be more then Millions of Subsidies and indeed it is an ample reward for the trust and freedom which I have used with you But my Lords and Gentlemen you must give me leave on the one side to consider the possibility of the action For in this case I must do as a man that maketh a
I deserved better at their hands After this the King purposing to signifie to the King of Spain That his Parliament had advised him to break off the Treaties and to recover the Palatinate by War The notice of a sharp Petition against Popish Recusants framed by the House of Commons and sent up to the Lords for their Concurrence did a little stagger his Resolution as appeareth by the following Letter written with his own hand to Secretary Conway I Doubt not but you have heard what a stinging Petition against the Papists the Lower House have sent to the Higher House this day that they might joyntly present it unto me Ye know my firm resolution not to make this a War of Religion and seeing I would be loth to be Coney-catched by my people I pray you stay the Post that is going to Spain till I meet with my Son who will be here to morrow morning Do it upon pretext of some more Letters ye are to send by him and if he should be gone hasten after him to stay him upon some such pretext and let none living know of this as you love me And before two in the afternoon to morrow you shall without fail hear from me Farewell James R. The Petition which the King called a stinging one was intended to be presented to his Majesty from both Houses in form as followeth May it please your most Excellent Majesty WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled having to our singular Comfort received your Princely Resolution upon our humble Petition to dissolve the two Treaties of the Match and of the Palatinate and having on our parts with all alacrity and readiness humbly offered our assistance to your Majesty to maintain the War which may ensue thereupon Yet withal sensibly finding what Seditious and Traiterous Positions those Incendiaries of Rome and professed Engines of Spain the Priests and Iesuites infuse into your natural born Subjects what numbers they have seduced and do daily seduce to make their dependance on the Pope of Rome and King of Spain contrary to their Allegiance to your Majesty their Liege Lord What daily resort of Priests and Iesuites into your Kingdoms what Concourse of Popish Recusants much more then usual is now in and about the City of London what boldness yea what insolency they have discovered out of the opinion conceived of their foreign Patronage what publick resort to Masses and other Exercises of the Popish Religion in the houses of foreign Ambassadors there is daily to the great grief and offence of your good Subjects what great preparations are made in Spain sit for an Invasion the bent whereof is as probable to be upon some part of your Majesties Dominions as upon any other place what encouragement that may be to your Enemies and the Enemies of your Crown to have a party or but the opinion of a party within your Kingdoms who do daily increase and combine themselves together for that purpose what disheartening of your good and loving Subjects when they shall see more cause of fear from their false-hearted Countreymen at home then from their professed Adversaries abroad what apparent dangers by Gods providence and your Majesties wisdom and goodness they have very lately escaped which the longer continuance upon those Treaties upon such unfitting Conditions fomented by your own ill-affected Subjects would surely have drawn upon your Majesty and your State Do in all humbleness offer unto your sacred Majesty these their humble Petitions following I. That all Iesuites and Seminary Priests and all others having taken Orders by any Authority derived from the Sea of Rome may by your Maiesties Proclamation be commanded forthwith to depart out of this Realm and all other your Highness ' s. Dominions and neither they nor any other to return or come hither again upon peril of the severest penalty of the Laws now in force against them and that all your Majesties Subjects may hereby also be admonished not to receive entertain comfort or conceal any of that viperous brood upon penalties and forfeitures which by the Lawes may be imposed upon them II. That your Majesty would be pleased to give streight and speedy charge to the Iustices of Peace in all parts of this Kingdom that according to the Laws in that behalf made and the Orders taken by your Majesties Privy-Councel heretofore for policy of State they do take from all Popish Recusants legally convicted or justly suspected all such Armor Gunpowder and Munition of any kinde as any of them have either in their own hands or in the hands of any other for them and to see the same safely kept and disposed according to the Law leaving for the necessary defence of their house and persons so much as by the Law is prescribed III. That your Majesty will please to command all Popish Recusants and all other who by any Law or Statute are prohibited to come to the Kings Court forthwith under pain of your heavy displeasure and severe Execution of your Laws against them to retire themselves their wives and families from or about London to their several dwellings or places by your Laws appointed and there to remain confined within five miles of their dwelling places according to the Lawes of this your Realm And for that purpose to discharge all By-past Licences granted unto them for their repair hither And that they presume not any time hereafter to repair to London or within ten miles of London or to the Kings Court or to the Princes Court wheresoever IV. That your Majesty would forbid and restrain the great resort and concourse of your own Subjects for the hearing of Masse or other Exercises of the Romish Religion to the houses of foreign Ambassadors or Agents residing here for the service of their several Princes or States V. That where of late in several Counties in this Realm some have been trusted in the places of Lord-Lieutenants Deputy-Lieutenants Commissioners of Oyer and Terminer Iustices of Peace and Captains of their Countries which are either Popish Recusants or Non-Communicants by the space of a year now last past or which do not usually resort to the Church to Divine service and can bring no good Certificate thereof that your Majesty would be pleased to discharge them from these places of trust by which they have that power in the Countrey where they live as is not fit to be put into the hands of persons so affected VI. That your Majesty would be pleased generally to put the Lawes in due Execution which are made and stand in force against Popish Recusants And that all your Iudges Iustices and Ministers of Iustice to whose care these things are committed may by your Maiesties Proclamation be commanded to do their duty therein VII That seeing we are thus happily delivered from that danger which these Treaties now dissolved and that use which your ill-affected Subiects made thereof would certainly have
with Brick which he intendeth onely for the Beauty and more â—afety of the City therefore he will go through with it and if the Commissioners offend herein let the party aggrieved complain and he will redress it that the form of proceedings used by the Commons in this Parliament is also a grievance unto his Majesty for that they did not call the Commissioners whom they complained of before them touching their complaint against Doctor Aynan his Majesty said their oath of Supremacy forbids them to meddle with Church matters besides they complain against him and never heard him Touching their complaint against the Apothecaries his Majesty protested his care therein to be onely for his peoples health it is dangerous for every one to meddle with Apothecaries ware and the Grocers have a Trade beside His fourth grievance is that Seditious Books are so frequently printed which he will be carefull to prevent hereafter Fifthly for calling in so many Patents appointing the Patentees to wait so many days with their Council and never to hear them wherefore his Majesty warned them to call for no more hereafter unless they first knew them to be grievous to the people and so his Majesty concluded with thanks for the Commons good carriage towards him and his Lords this Session Then the Lord Keeper spake to the particulars of the Speakers Speech and by his Majesties command approved them all alluding the general consent of both Houses to the Septuagint directed by the Holy Ghost and touching the Speakers desire for the Kings assent to the Bills past both Houses he said the royal assent is proper to the Lawgiver and shewed that it is best for the people that this is in his Majesties power and not in themselves for the King knoweth what is best to be granted unto his people as may appear by the Petition that Bathsheba made to King Solomon to give unto Adonijah Abishag to wife which had Solomon granted he had given Adonijah means to usurp the Kingdom contrary to Bathsheba's meaning and such is his Majesties intent this day for such Bills which he will not pass That his Majesty had given his consent to all the Bills of Grace and to the Bill of the continuance of some Statutes and repeal of others so necessary and for the good of the people That his Majesty accepteth in good part their thanks for his general Pardon which he hath so freely granted unto his Subjects but his special command is that those that are in Office do look strictly to the execution of Laws against Recusants the Subsidies his Majesties graciously accepteth and therefore imitates not the Story in Macrobius of one who had all his debts paid and instead of thanks answered mihi nihil though this be given to the Palatinate his Majesty interpreteth it as given to himself and rendreth to you all hearty thanks for the same The Lord Keeper having ended his Speech the Clerk of the Crown stood up and read the title of the Bills passed both Houses and the Clerk of the Parliament read his Majesties Answer to each Bill which being done his Majesty remembred the breaking up of three Parliaments together and the happy conclusion of this Session and puts the Commons again in minde that at their next meeting they do so carry themselves that this Parliament may be as happily continued to the end At the Parliament holden at Westminster by Prorogation the Nineteenth day of February Anno Regis Iacobi Angliae Franciae Hiberniae vicesimo primo Scotiae quinquagesimo septimo These Acts were passed 1. AN Act for making perpetual an Act made Anno 39 Eliz. Entituled An Act for the Erecting of Hospitals and Workhouses for the Poor 2. An Act for the quiet of the Subject against Concealments 3. An Act concerning Monopolies and Dispensations with Penal Laws 4. An Act for ease of the Subjects concerning Informations upon Penal Statutes 5. An Act That Sheriffs their Heirs c. having a Quietus est shall be discharged of their Accompts with the Judges opinion therein 6. An Act concerning Women convicted of small Felonies 7. An Act to repress Drunkenness and to restrain the haunting of Inns c. 8. An Act to punish Abuses in procuring Supersedeas of the Peace out of the Courts at Westminster and to prevent the Abuses in procuring Writs of Certiorari out of the said Courts c. 9. An Act for the Free Trade of Welsh Clothes c. in England and Wales 10. An Act to repeal a Branch of the Statute An. 34 H. 8. Entituled An Act for certain Ordinances in the Kings Dominions and Principality of Wale 11. An Act for Confirmation of a Judgment given for his Majesty in a Scire facias against Henry Heron and for Declaration of the Letters Patents therein mentioned to be void 12. An Act to make perpetual the Act for ease in pleading against troublesom Suits prosecuted against Justices of the Peace Mayors c. 13. An Act for the further reformation of Jeofails 14. An Act to admit the Subject to plead the General Issue in Informations of Intrusion brought on the Kings behalf and to retain his Possession till Trial. 15. An Act to enable Judges and Justices to give restitution of Possession in certain cases 16. An Act for Limitation of Actions and for avoiding of Suits in Law 17. An Act against Usury 18. An Act for the Continuance of a former Statute made 4º Iac. Entituled An Act for the true making of Woollen Clothes 19. An Act for the further Description of a Bankrupt and relief of Creditors against such as shall become Bankrupts and for inflicting of Corporal punishment upon them in some Cases 20. An Act to prevent Swearing and Cursing 21. An Act concerning Hostlers and Inholders 22. An Act explaining a Statute An. 3 4 5 E. 6. concerning the Traders of Butter and Cheese 23. An Act to avoid Delaies by removing of Actions out of Inferior Courts 24. An Act for relief of Creditors against such as die in Execution 25. An Act for relief of Patentees Tenants and Farmers of Crown-Lands and Duchy-Lands 26. An Act against such as shall levy any Fine suffer any Recovery knowledge any Statute Recognisance Bail or Judgment in the name of any person not privy thereunto 27. An Act to prevent the murthering of Bastard-children 28. An Act to continue divers Statutes and repeal others 29. An Act to enable Prince Charls to make Leases of Lands parcel of the Duchy of Cornwal or annexed to the same 30. An Act to assure York-House and other Lands to the King and to assure the Manors of Brighton Santon and other Lands to the Archbishop of York c. 31. An Act for the good Government of the Makers of Knives in Hallam-shire in the County of York 32. An Act to make the Thames Navigable from Bercot to Oxon. 33. An Act for the Subsidies of the Clergy 34. An Act for Three Subsidies Three Fifteens and Tenths granted by the
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
Majesty will be likewise pleased strictly to command all your Iudges and Ministers of Iustice Ecclesiastical and Temporal to sée the Laws of this Realm against Popish Recusants to be duly executed And namely that the Censure of Excommunication be declared and certified against them and that they be not absolved but upon publick satisfaction by yielding to Conformity Answ. His Majesty leaves the Lawes to their Course and will order in the point of Excommunication as is desired X. That your Majesty will be pleased to remove from places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State to be justly suspected Answ. This his Majesty thinks fit and will give order for it XI That present order be taken for disarming all Popish Recusants legally convicted or justly suspected according to the Laws in that behalf and the Orders taken by his late Majesties Privy-Council upon reason of State Answ. The Laws and Acts in this Case shall be followed and put in due execution XII That your Majesty be also pleased in respect of the great resort of Recusants to and about London to command forthwith upon pain of your indignation and severe execution of the Laws that they retire themselves to their several Countries there to remain confined within Five miles of their places Answ. For this the Laws in force shall be forthwith executed XIII And whereas your Majesty hath strictly commanded and taken order that none of the natural born Subjects repair to the hearing of Masses or other Superstitious Service at the Chappels or Houses of Foreign Ambassadors or in any other places whatsoever we give your Majesty most humble thanks and desire that your Order and Commandment therein may be continued and observed and that the Offenders herein may be punished according to the Laws Answ. The King gives assent thereto and will see that observed which herein hath been commanded by him XIV That all such Insolencies as any that are Popishly affected have lately committed or shall hereafter commit to the dishonor of our Religion or to the wrong of the true Professors thereof be exemplarily punished Answ. This shall be done as is desired XV. That the Statute of 1 Eliz. for the payment of Twelve-pence every Sunday by such as shall be absent from Divine service in the Church without a lawfull excuse may be put in due execution the rather for that the penalty by Law is given to the poor and therefore not to be dispenced withal Answ. It is fit that this Statute be executed and the Penalties shall not be dispenced withal XVI Lastly That your Majesty would be pleased to extend your Princely care also over the Kingdom of Ireland that the like courses may be there taken for the restoring and establishing of true Religion Answ. His Majesties cares are and shall be extended over the Kingdom of Ireland and he will do all that a Religious King should do for the restoring and establishing of true Religion there And thus most gracious Soveraign according to our duty and zeal to God and Religion to your Majesty and your safety to the Church and Common-wealth and their peace and prosperity we have made a faithfull Declaration of the present Estate the causes and remedies of this increasing disease of Popery humbly offering the same to your Princely care and wisdom The Answer of your Majesties Father our late Soveraign of famous memory upon the like Petition did give us great comfort of Reformation but your Majesties most gracious promises made in that kinde do give us confidence and assurance of the continual performance thereof In which comfort and confidence reposing our selves we most humbly pray for your Majesties long continuance in all Princely felicity The Petition and Answer being read it was further intimated to the Commons That as his Majesty took well their minding him of the care of Religion so he would have done and granted the same things though they had never petitioned him neither doth he place his Answer to this Petition as a wheel to draw on other affairs and designs but he leaves them to move in their own Sphere and what he hath done in this particular comes from these two Fountains Conscience and Duty to his Father who in his last speech recommended unto him the Person but not the Religion of his Queen At the same time the Duke signified to both Houses that by the Kings command he was to give an account of the Fleet and the preparations thereof and said that the first and last time he had the happiness to speak in that Auditory it was of the Spanish Treaty and then he was so happy as to be honored and applauded by both Houses of Parliament and he made no question but speaking now with the same heart he should be no less acceptable to them And he made this request to the House of Commons to believe that if any hath spoken or shall speak in discharge of his conscience his zeal of Reformation any thing which may seem to reflect upon some particular persons he shall be the last man that will apply this to himself because he is confidently assured of two things first that they are just not to fall upon him without cause and secondly that himself shall do nothing that unbecomes a faithfull Englishman And for the Method of his ensuing Discourse he chose rather to speak by way of Objection and Answer then in one continued Speech as a speedier means to give the Commons satisfaction Object 1. By what Counsel those Designs and Actions of War were carried and enterprised Answ. By the Counsel of the Parliament appointed according to the Act of both Houses the 23. of March 1623. by those Counsels his Majesty was guided and applied himself accordingly for the defence of the Realm the securing of Ireland the assisting of our Neighbors and others our Friends and Allies and for the setting forth the Navy-Royal His Majesty looking into his purse saw enough to do all the former Actions but not this latter For when he came to consider of the Navy there was neither money nor preparations yet looking upon the Affairs of Christendom he found that of most necessity Hereupon his Majesty of famous memory did him viz. the Duke the honor as to write from Newmarket to him at London a Letter to this effect That looking into the Affairs of Christendom he found it necessary that a Royal-Fleet shouâ—d be prepared and set in readiness but that he had no Money wherefore himself meaning the Duke and his Friends must begin to lay it out and no doubt but others would follow and by this means the King might lie the longer concealed and undiscovered in the Enterprise as bearing the name of the Subject onely and other Princes in hope to draw him on would sooner come to the business Upon this Letter the Duke said he leaped into the Action with all alacrity and
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
Citizens and Burgesses of the House of Commons you are here assembled by his Majesties Writs and Royal Authority to hold a new Parliament the general Antient and Powerful Councel of this Renowned Kingdom whereof if we consider aright and think of that incomparable distance between the Supream height and majesty of a Mighty Monarch and the submissive aw and lowliness of a Loyal Subject We cannot but receive exceeding comfort and contentment in the frame and constitution of this Highest Court wherein not onely the Prelates Nobles and Grandees but the Commons of all degrees have their part and wherein that high Majesty doth descend to admit or rather to invite the humblest of his Subjects to Conference and Council with him of the great weighty and difficult Affairs of the King and Kingdom A benefit and favor whereof we cannot be too sensible and thankful for sure I am that all good hearts would be both sensible and sorrowful if we did want it And therefore it behooveth all with united hearts and mindes free from distraction and diversion to fix their thoughts upon Counsels and Consultations worthy of such an Assembly remembring That in it is presented the Majesty and Greatneâ—s the Authority and Power the Wisdom and Knowledge of this great and famous Nation and it behooveth us to magnifie and bless God that hath put the power of Assembling Parliaments in the hands of him the vertue of whose person doth strive with the greatness of his Princely Lineage and Descent whether he should be accounted Major or Melior a greater King or a better Man and of whom you have had so much tryal and experience That he doth as affectionately love as he doth exactly know and understand the true use of Parliaments witness his daily and unwearied Access to this House before his Access to the Crown his gratious readiness to all Conferences of Importance his frequent and effectual Intercession to his Blessed Father of never dying Memory for the good of the Kingdom with so happy success That both this and future generations shall feel it and have cause to rejoyce at the success of his Majesties Intercession And when the Royal Diadem descended upon himself presently in the midst of his Tears and Sighs for the departure of his most Dear and Royal Father in the very first Consultation with his Privy Council was resolved to meet his People in Parliament And no sooner did the heavy hand of that Destroying Angel forbear those deadly strokes which for some time did make this place inaccessible but his Majesty presently resolved to recal it and hath now brought you together and in a happy time I trust to treat and consult with uniform Desires and united Affections of those things that concern the general good And now being thus Assembled his Majesty hath commanded me to let you know that his Love and Affection to the Publick moved him to call this Parliament and looking into the danger and the spreading of that late Mortality and weighing the multitude of his Majesties pressing occasions and urging affairs of State both at home and abroad much importing the safety and state of this Kingdom the same affection that moved him to call it doth forbid him to prolong the sitting of this Parliament And therefore his Majesty resolving to confine this meeting to a short time hath confined me to a short Errand and that is That as a thing most agreeable to the Kingly Office to the example of the best times and to the frame of Modern Affairs his Majesty hath called you together to consult and to advise of provident and good Laws profitable for the Publick and fitting for the present times and actions for upon such depends the assurance of Religion and of Justice which are the surest Pillars and Buttresses of all good Government in a Kingdom For his Majesty doth consider that the Royal Throne on which God out of his Mercy to us hath set him is the Fountain of all Justice and that good Laws are the Streams and Quits by which the benefit and use of this Fountain is dispersed to his people And it is his Majesties care and study that his people may see with comfort and joy of heart that this Fountain is not dry but they and their Posterity may rest assured and confident in his time to receive as ample benefit from this Fountain by his Majesties Mercy and Justice as ever Subjects did in the time of the most eminent Princes amongst his Noble Progenitors wherein as his Majesty shews himself most sensible of the good of the Publick so were it an injury to this great and honorable Assembly if it should be but doubted that they shall not be as sensible of any thing that may adde to his Majesties honor which cannot but receive a high degree of Love and Affection if his Majesty succeeding so many Religious Wise and Renowned Princes should begin his Reign with some Additions unto those good Laws which their happy and glorious times have afforded And this his Majesty hath caused me to desire at this time especially above others for his Majesty having at his Royal Coronation lately solemnized the Sacred Rites of that Blessed Marriage between his people and him and therein by a most holy Oath vowed the Protection of the Laws and Maintenance of Peace both to Church and People no time can be so fit for his Majesty to advise and consult at large with his people as this present time wherein so lately his Majesty hath vowed Protection to his People and they have protested their Alleagiance and Service to him This is the sum of that charge which I have received from his Majesty to deliver unto you wherein you see his Majesties intent to the Publick And therefore his desire is That according to that conveniency of time which his Affairs may afford you will apply your selves to dispatch the business of this Parliament The Wednesday following the Commons presented Sir Hennage Finch Knight Serjeant at Law and Recorder of London for their Speaker who having made the accustomed Excuses and acknowledged his Majesties Approbation made this Speech SInce it hath pleased your Majesty not to admit my humble Excuse but by your Royal Approbation to crown this Election after my heart and hands first lifted up to God that hath thus inclined your Royal Heart I do render my humblest thanks to your Majesty who are pleased to cast so gratious an eye upon so mean a Subject and to descend so low as in a service of this Importance to take me into your Princely Thoughts And since we all stand for Hundreds and Thousands for Figures and Cyphers as your Majesty the Supream and Soveraign Auditor shall please to place and value us and like Coyn to pass are made currant by your Royal Stamp and Impression onely I shall neither disable nor under-value my self but with a faithful and chearful heart apply my self with the best of my strength and abilities
to the performance of this weighty and publick Charge wherein as I do and shall to the end most humbly desire your gratious acceptance of my good intentions and endeavors So I could not but gather some confidence to my self that your Majesty will look favorably upon the works of your own hands And in truth besides this particular these publick things which are obvious to every Understanding are so many Arguments of Comfort and Encouragement where I contemplate and take a view of those great and inestimable blessings which by the goodness of God we do enjoy under your Majesties most pious and prudent Government If we behold the frame and the face of the Government in general we live under a Monarchy the best of Governments the nearest resemblance unto the Divine Majesty which the Earth affords the most agreeable to Nature and that in which other States and Republicks do easily fall and reverse into the Ocean and are naturally dissolved as into their Primam Materiam The Laws by which we are governed are above any value my words can set upon them time hath refined and approved them they are equal at least to any Laws Humane and so curiously framed and fitted that as we live under a temperate climate so the Laws are temperate yielding a due observance to the Prerogative Royal and yet preserving the Right and Liberty of the Subject That which Tacitus saith of two of the best Emperors Res olim insociabiles miscuerunt imperium libertas and so far is this from the least diminution of Soveraigns that in this your Majesty is truly stiled Pater Patriae and the greatest King in the World that is King of such and so many Free-born Subjects whose persons you have not onely power over but which is above the greatest of Kings to command their hearts If time or corruption of manners breed any Mists or Grievance or discover any defects in the Law they are soon reformed by Parliament the greatest Court of Justice and the greatest Council of the Kingdom to which all other Courts and Councils are subordinate Here your Royal Person sits inthroned in the Seat of Majesty attended by a Reverend and Learned Prelacy a great and full Nobility inthroned like Stars in the Firmament some of a greater some of a lesser magnitude full of light and beauty and acknowledging to whom they owe their lustre and by a choise number of worthy Knights and Gentlemen that represent the whole body of your Commons But to leave generals We live not under a Monarchy only the best of Goverments and under a Government the best of Monarchies but under a King the best of Monarchs Your Royal Person and those eminent graces and vertues which are inherent in your Person in whom Greatness and Goodness contend for superiority it were presumption in me to touch though with never so good a meaning they will not be bounded within the narrow compass of my discourse And such Pictures of such a King are not to be made in Limning but for Publick things and actions which the least eye may see and discern and in them obliquely and by reflexion cheerfully and with comfort behold your Person What Age shall not record and eternise your Princely magnanimities in that Heroick action or venturous Journey into Spain or hazarding your Person to preserve the Kingdom Fathers will tell it to their children in succession After-ages will then think it a Fable Your piety to the Memory of your dear Father in following and bedewing his Herse with your tears is full in every mans memory The Publick Humiliation when Gods hand lay heavy upon us and the late Publick Thanksgiving to Almighty God for removing his hand both commanded and performed in person by your Majesty is a work in piety not to be forgotten and I trust the Lord will remember them and reward them with mercy and blessing to your Majesty and the whole Kingdom Your love to Justice and your care in the administration of Justice we all behold with comfort and rejoice to see it The great Courts of Justice from the highest to the lowest furnished with Judges of that wisdom and gravity learning and integrity The Thrones of Kings are established by Justice and may it establish and I doubt not but it will establish the Throne of your Majesty in your Person and in your Royal Line to the end of time But above all and indeed it is above all as far as Heaven is distant from Earth your care and zeal for the advancement of Gods true Religion and Worship are cleerly and fully exprest and do appear both in your Person and by your many Publick Acts and Edicts It is true that is said of Princes Quod faciunt praecipiunt Of your Majesty both are true and a Proposition made convertible We have received a most gracious Answer from your Majesty to all our late Petitions concerning Religion seconded with a Publick Declaration under the Great Seal and Inrolled in all the Courts of Justice for your Royal pleasure and direction to awaken and put life into these Laws by a careful Execution with provision that the Penalties be not converted to your Private Coffers and yet the Coffers of Kings are not Private Coffers but by your express direction set apart to Publick uses such as concern the immediate Defence of the Kingdom wherein we all have our share and interest Your Royal Proclamation hath commanded those Romish Priests and Jesuites to Banishment those Incendiaries that infect the State of this Church and Commonwealth Their very entrance into this Kingdom is by a just and provident Law made Treason their aims being in truth how specious soever their pretences be nothing else but to plot and contrive Treason against the State and to seduce your Natural born Subjects from their true obedience nourishing in their posterities Factions and Seditions Witness those many Treasons and Conspiracies against the person of that glorious Lady whose memory will never die and that horrible matchless Conspiracie the Powder-Treason the Master-piece of the Devil But God that preserved her and your Royal Father against all their treacherous Conspiracies and hath given you a heart to honor him will honor and preserve you Religion will more truly keep your Kingdoms then the Seas do compass them It is the joy of heart to your Majesties loyal and well-affected Subjects and will ever be the honor of your Regal Diadem and the Crown of your Crown The Spanish Invasion in Eighty Eight I hope will ever be remembred in England with thankful acknowledgment to God for so great a deliverance And I assura my self it is remembred in Spain but with another mind a mind of Revenge they are too constant to their Counsels to acquit their Resolutions and Purposes that drew on that Attempt It was long before discovered and since printed not without their liking That they affect an Universal Monarchy Videor mihi vidore saith Lipsius of their State Solem
not but to give you an honest accompt of all my Actions herein And if I shall first to my grave I desire if you find me cleer the reputation of an Honest man and an English-man may attend me thereunto Thus I rest Your dutiful and humble Servant SAMUEL TURNER To the Honorable Sir Henage Finch Speaker of the House of Commons The Monday following Sir W. Walter if the Name be not miswritten in our Collections represented to the House That the Cause of all the Grievances was for that according as it was said of Lewis the Eleventh King of France All the Kings Council rides upon one horse And therefore the Parliament was to advise his Majesty as Iethro did Moses to take unto him Assistants with these qualities 1. Noble from among all the People not Upstarts and of a Nights growth 2. Men of Courage such as will execute their own Places and not commit them to base and undeserving Deputies 3. Fearing God who halt not betwixt two opinions or incline to False worship in respect of a Mother Wife or Father 4. Dealing truly for Courtship Flattery and Pretence become not Kings Councellors but they must be such as the King and Kingdom may trust 5. Hating Covetousness No Bribers nor Sellers of Places in Church or Commonwealth much less Honors and Places about the King and least of all such as live upon other mens ruines 6. They should be many set over Thousands Hundreds Fifties and Tens one Man not ingrossing all Where there is abundance of Counsel there is Peace and Safety 7. They must judge of small matters the greater must go to the King himself not all to the Council much less any one Counsellor must alone manage the whole weight but Royal actions must be done only by the King 8. Lastly Moses chose them Elders not Young men Solomon by miracle and revelation was wise being young but neither his Son nor his young Counsellors had that priviledge No more is it expected in any of our Counsellors until by age and experience they have attained it Sir Iohn Elliot continued the Debate and thus spake WE have had says he a representation of great fear but I hope that shall not darken our understandings There are but two things considerable in this business First the Occasion of our Meeting and secondly the present State of our own Country The first of these we all know and it hath at large been made known unto us and therefore needeth no dispute The latter of these we ought to make known and draw and shew it as in a Perspective in this House For our wills and affections were never more clear more ready as to his Majesty but perhaps bauk'd and check'd in our forwardness by those the King intrusts with the affairs of the Kingdom The last Action was the Kings first Action and the first Actions and Designs of Kings are of great observance in the eye of the World for therein much dependeth the esteem or disesteem of their future proceedings And in this Action the King and Kingdom have suffered much dishonor We are weakned in our strength and safety and many of our men and ships are lost This great Design was fixed on the person of the Lord General who had the whole Command both by Sea and Land And can this great General think it sufficient to put in his Deputy and stay at home Count Mansfield's Actions were so miserable and the going out of those men so ill managed as we are scarce able to say they went out That handful of men sent to the Palatinate and not seconded what a loss was it to all Germany We know well who had then the Kings ear I could speak of the Action of Algier but I will not look so far backward Are not Honors now sold and made despicable Are not Judicial Places sold and do not they then sell Justice again Vendere jure potest emerat ille prius Tully in an Oration against Verres notes That the Nations were Suitors to the Senate of Rome that the Law De pecuniis repetundis might be recalled Which seems strange that those that were Suitors for the Law should seek again to repeal it but the reason was it was perverted to their ill So it is now with us besides inferior and subordinate persons that must have Gratuities they must now feed their great Patrons I shall to our present Case cite two Presidents The first is 16 H. 3. The Treasure was then much exhausted many Disorders complained on the King wronged by some Ministers many Subsidies were then demanded in Parliament but they were denied And then the Lords and Commons joined to desire the King to reassume the Lands which were improvidently granted and to examine his great Officers and the Causes of those Evils which the People then suffered This was yielded unto by the King and Hugo de Burgo was found faulty and was displaced and then the Commons in the same Parliament gave Supply The second President was in the Tenth year of Richard the Second Then the Times were such and Places so changeable that any great Officer could hardly sit to be warmed in his Place Then also Monies had been formerly given and Supply was at that Parliament required but the Commons denied Supply and complained that their Monies were misimployed That the Earl of Suffolk then overruled all and so their Answer was They could not give And they petitioned the King that a Commission might be granted and that the Earl of Suffolk might be examined A Commission at their request was awarded and that Commission recites all the Evil then complained of and that the King upon the Petition of the Lords and Commons had granted that Examination should be taken of the Crown-Lands which were sold of the Ordering of his Houshold and the Disposition of the Jewels of his Grandfather and Father I hear nothing said in this House of our Jewels nor will I speak of them but I could wish they were within these walls We are now in the same case with those former Times we suffer alike or worse And therefore unless we seek redress of these great Evils we shall find disability in the wills of the People to grant I wish therefore that we may hold a dutiful pursuance in preparing and presenting our Grievances For the Three Subsidies and Three Fifteens which are proposed I hold the proportion will not suit with what we would give but yet I know it is all we are able to do or can give and yet this is not to be the stint of our affections but to come again to give more upon just occasions In the heat of these Agitations the Commons notwithstanding remembred the Kings Necessities and took the matter of Supply into consideration and Voted Three Subsidies and Three Fifteens to be paid the last day of Iune and the last of October next following and that the Act be brought in as soon as Grievances are
default in continuing upon Generalities without pressing to Particulars but hath been caused as well by Difficulties which the business brought with it as also with exterior Accidents viz. The Wars of Bohemia the death of two Popes and of the late King of Spain without the least fault of the said Earl as is acknowledged by his late Majesty of blessed memory in the said Earl his Instructions on the 14. of March 1621. Neither could any delay herein be attributed unto him the said Earl For he was imployed in those times into Germany and Flanders and Sir Walter Aston and Sir Francis Cottington for the space of three or four years were resident in Spain from whence the hopes they gave were upon all the discreet grounds that Ministers can expect from a State But the Earl reassumed this business six moneths before his Majesties coming into Spain and he was so desirous to see his Majesty then Prince bestowed that he pressed nothing so much both to the King and Prince as that the Prince might lose no more time and rather to break the Match with Spain then suffer any further delays as will appear by his Dispatches from his first arrival at the Court of Spain until his Majesties then Prince his coming For in his Letters of Iune 20. 1622. being the first he wrote after his first Audience he was so desirous that no time might be lost that in them he craveth leave of his Majesty that in case he should find any Delays in Spain he might without expecting any Order take his leave and come home Upon the return of Sir Francis Cottington in September following he wrote both to the King and his Majesty then Prince To the King as followeth I Shall presume to add to that which Mr. Cottington shall deliver unto your Majesty by word of mouth of the present estate of the Match what I conceive to be the right way to bring it to a speedy issue That your Majesty will be pleased positively to declare what you will do in point of Religion and that you will appoint me a certain limited time by which this King should procure the Dispensation or conclude the Match without it And in case there shall be any further delay therein that I may then declare your Majesty to be free and disengaged to bestow the Prince in such sort as you shall judge most convenient And to the Prince at thesame wrote in these subsequent words viz. THat which will be necessary for his Majesty presently to do on his Majesties part is to declare himself how far he will be pleased to yield in point of Religion as Mr. Cottington will approve unto your Highness And that he set a prefixed time to break or conclude the Match either with the Dispensation or without the same For the rest it may be left to my Negotiation But your Highness may be pleased to hasten his Majesties resolution with all possible speed And the said Earl saith That having received from his said late Majesty his resolution in point of Religion and a limited time according to his desire he was so precise and punctual therein that although the making or breaking of the Marriage depended upon it he would not give one moneths respite longer time for the procuring of the Dispensation until he had first acquainted his late Majesty therein and received his Directions under his own hand as will appear by his Majesties Letters of Octob. 25. 1622. as followeth RIght Trusty and welbeloved Cousin and Counsellor We greet you heartily well Whereas by your last Letter written to our Secretary dated Sept. 29. you are desirous to have our pleasure signified unto you under our own hand Whether we will be content or not to grant a Moneths time longer for the coming of the Dispensation from Rome then we have already limited unto you in case they shall there conclude all things else to our contentment with a Resolution to send the Infanta hither the next Spring We do hereby declare unto you that in that case you shall not break with them for a Moneths longer delay We also wish you not to trouble your self with the rash Censure of other men in case your business should not succeed resting in that full assurance of our Iustice and Wisdom that we will never judge a good and faithful Servant by the effect of things so contingent and variable And with this assurance we bid you heartily farewell And he further saith That when he had agreed to the Articles of Religion and that a certain time was set for the coming of the Dispensation and a Conclusion of the Match although he would bind himself to nothing without his Majesties approbation yet for that no time might be lost he agreed to the Propositions De bene esse sent by Mr. Porter Decemb. 10. 1622. to the end the Articles might immediately be sent to Rome without losing so much time as to hear first from England And humbly moved that in case his Majesty should like of the said Articles he would send his Approbation directly to Rome for the gaining of time which his Majesty was pleased to do And at the same time he wrote both to his said late Majesty and his Majesty then Prince as followeth viz. To his Majesty This is the true state of the business as it now standeth If your Majesty approve of what is done I hope it will be a happy and a short Conclusion If your Majesty think it not fit to allow and condescend to the said Articles I have done the uttermost of my endeavors and shall humbly perswade your Majesty not to lose a day longer in the Treaty so much it importeth your Majesty and your Kingdoms that the Prince were bestowed And to the Prince in Letters of the like date in this sort I have presumed to write to his Majesty that which I think my duty to say to your Highness That in case you shall not approve of what is now conditionally agreed you permit not a day more to be lost in this Treaty For it is of so great consequence that your Highness were bestowed that it importeth almost as much that you were speedily as â—itly matched But I hope his Majesty and your Highness will in such sort approve of this last Agreement as you will speedily bring this long Treaty to a happy conclusion I am out of hope of bringing things to any better terms therefore I deal clearly with your Highness and do not only most humbly perswade but on my knees beg it of you that you either resolve to conclude this Match as you may or speedily to break it and bestow your self elswhere for no less then the happiness of your Kingdom and the security of the King your Father and your self depend upon it All which things being considered the Earl most humbly submitteth himself to the Judgment of that most high and honorable Court whether the Delays which accidents have brought forth in
King so straitned in time as by the said Article is pretended will appear by the said Earls Dispatch of September 28. 1623. In which upon scruple that was then made of the Infanta's entring into Religion he wrote to the same effect Viz. That if the Dispensation should come he knew no means how to detain the Proxies above twenty or twenty four dayes So that although difficulty happened until the middest of November 1623. yet it was foreseen that it must of necessity happen whensoever the Dispensation should come and then was warning of two moneths given thereof viz. from September 24. until November 29. which was the time appointed for the Desponsories So as he most humbly submits himself unto your Lordships which of the two wayes was the safer or dutifuller for him to take whether upon inferences and conjectures to have overthrown so great a business or on the otherside first to have presented unto his Majesty the truth and sincerity as he did the true estate of his Affairs with his humble opinion therein with an intimation that if his Majesty should resolve to break the Match that for the said Earl his honest discharge of the publick Trust reposed in him when the Proxies were deposited in his hands and for his sufficient warrant in so great a cause his Majesty would be graciously pleased to give him clear and express order which he had not and in the interim whilest his Majesty might take into consideration the great inconveniences that might ensue the said inconveniences might be suspended and the business kept upon fair terms that his Majesty might have his way and choice clear and unsoiled before him And as to the evil Consequences which are pretended would have followed if the said Earl had proceeded to the consummation of the Match before he had express order and warrant to the contrary he supposeth his Majesty should speedily have seen the Marriage which he so long sought to have effected that the Prince should have had a worthy Lady whom he loved that the Portion was much greater then ever was given in money in Christendom that the King of Spain had engaged himself for restitution of the Palatinate for which the said Earl conceived a daughter of Spain and Two Millions had been no ill pawn besides many other additions of advantage to the Crown of England Whereas on the contrary side he foresaw that the Prince would be kept a year longer unmarried a thing that so highly concerneth these Kingdoms he doubteth that the recovery of the Palatinate from the Emperor and Duke of Bavaria by force would prove a great difficulty and that Christendom was like to fall into a general Combustion So that desiring that his Majesty should have obtained his ends and have had the honor and happiness not onely to have given peace plenty and increase unto his own Subjects and Crowns but to have compounded the greatest differences that had been these many years in Christendom And by his Piety and Wisdom to have prevented the shedding of so much Christian Blood as he feared would ensue if these businesses were disordered These Reasons he confesseth and the zeal unto his Majesties service made him so earnestly desire the effecting of this business and cannot but think himself an unfortunate man his Majesties affairs being so near setling to his Majesties content as he conceived they were and hoping to have been unto his Majesty not onely a faithful Servant but a successful Servant to see the whole estate of his affairs turned up-side down without any the least fault of his and yet he the onely Minister on the English and Spanish side that remained under disgrace XI To the Eleventh Article the said Earl saith That the Article is grounded upon a Petition by him preferred to this Honorable House supposed to be scandalous which your Lordships as he conceiveth according to the Customs and Priviledges of the House of Peers would have been pleased first to have adjudged so to have been either for matter appearing in it self or upon hearing the said Earl for if the matter appearing in the Petition it self be not to be excepted unto it cannot as he conceiveth by Collateral accidents be taken for a Scandal till it be examined and found false For a plain and direct Answer thereunto he saith That the said Petition is such as will not warrant any such inference as by the said Article is inforced And that he hopeth to justifie the Contents of the said Petition in such sort as shall not displease his Majesty nor deserve that expression which is used in the Charge but contrarily what he hath said or shall say therein in his defence shall in all things tend to the Honor and Service of his Majesty by reducing into his Memory divers Circumstances and laying before him the passages of divers particulars which by undue practices have been either concealed from his Majesty or mis-related to him Having thus offered to this High and Honorable Court such Proofs and Reasons as he hopeth shall in your Lordships Wâ—sdom and Justice clearly acquit him of any capital Crime or wilful Offence if it shall appear that out of Errors of Judgment too much ferventness of zeal to his Majesties service or the ignorance of the Laws of this Realm wherewith he hath not been able to be so well acquainted as he ought by reason of Foreign Employments by the space of many years or by any other ways or means he hath faln into the danger of the Laws for any thing pardoned in the General Pardon made in the Parliament holden at Westminster Anno Vicesimo primo Regni Imp. Iacobi Angliae c. of Blessed Memory he humbly prayeth allowance of the Pardons and the benefit thereof with this Clause That he doth and will aver that he is none of the persons excepted out of the same although he is very confident he shall not need the help of any pardon having received many significations as well from his Majesties own mouth that he had never offended his Majesty as lately by several Letters from the Lord Conway that he might rest in the security he was in and sit still and should be no further questioned But he hopes your Lordships will not onely finde him so far from blame but that he hath served his late Majesty of Blessed memory and his most gratious Son the Kings Majesty that now is with that fidelity care and industry that your Lordships will take such course as you in your wisdoms shall think fit not onely for the upholding the Honor and Reputation of a Peer of this Realm after so many employments but likewise become humble and earnest Suitors to his Majesty on his behalf which he humbly prayeth That he may be restored to his Majesties most gratious Favor which above all worldly things he most desireth The Eighth of May the Commons brought up their Charge against the Duke which was delivered at a Conference of both Houses
but look upon it and for want of Perspectives commend the nearer examination to your Lordships who may behold it at a nearer distance Such a prodigious Comet the Commons take this Duke of Buckingham to be against whom and his irregular ways there are by learned Gentlemen legal Articles of Charge to be delivered to your Lordships which I am generally first commanded to lay open 1. The Offices of this Kingdom that are the Eyes the Ears and the Hands of this Commonwealth these have been ingrossed bought and sold and many of the greatest of them holden even in the Dukes own hands which severally gave in former ages sufficient content to greatest Favorites and were work enough for wisest Counsellors by means whereof what strange abuses what infinite neglects have followed The Seas have been unguarded Trade disturbed Merchants oppressed their Ships and even one of the Royal Navy by cunning practice delivered over into Foreign hands and contrary to our good Kings intention employed to the prejudice almost to the ruine of Friends of our own Religion 2. Next Honors those most pretious Jewels of the Crown a Treasure inestimable wherewith your Noble Ancestors my Lords were well rewarded for eminent and publick Service in the Common-wealth at home for brave exploits abroad when covered all with dust and blood they sweat in service for the honor of this Crown What back-ways what by-ways have been by this Duke found out is too well known to your Lordships whereas antiently it was the honor of England as among the Romans the way to the Temple of Honor was through the Temple of Vertue But I am commanded to press this no further then to let your Lordships know one instance may perhaps be given of some one Lord compelled to purchase Honor 3. As divers of the Dukes poor Kinred have been raised to great honors which have been and are likely to be more chargeable and burthensome to the Crown so the Lands and Revenews and the Treasuries of his Majesty have been intercepted and exhausted by this Duke and his Friends and strangely mis-employed with strange confusion of the Accounts and overthrow of the well established antient Orders of his Majesties Exchequer 4. The last of the Charges which are prepared will be an injury offered to the person of the late King of Blessed memory who is with God of which as your Lordships may have heard heretofore you shall anon have further information Now upon this occasion I am commanded by the Commons to take care of the honor of the King our Soveraign that lives long may he live to our comfort and the good of the Christian World and also of his Blessed Father who is dead on whom to the grief of the Commons and their great distaste the Lord Duke did they conceive unworthily cast some ill odor of his own foul ways whereas Servants were antiently wont to bear as in truth they ought their Masters faults and not cast their own on them undeservedly It is well known the King who is with God had the same power and the same wisdom before he knew this Duke yea and the same affections too through which as a good and gratious Master he advanced and raised some Stars of your Lordships Firmament in whose hands this exorbitancy of will this transcendency of power such placing and displacing of Officers such irregular runing into all by-courses of the Planets such sole and single managing of the great Affairs of State was never heard of And therefore onely to the Lord Duke and his procurement by mis-informations these faults complained of by the Commons are to be imputed And for our most Gratious Soveraign that lives whose name hath been used and may perhaps now be for the Dukes justification the Commons know well That among his Majesties most Royal Virtues his Piety unto his Father hath made him a pious nourisher of his Affections ever to the Lord Duke on whom out of that consideration his Majesty hath wrought a kinde of wonder making Favor Hereditary but the abuse thereof must be the Lord Dukes own And if there have been any Commands such as were or may be pretended his mis-informations have procured them whereas the Laws of England teach us That Kings cannot command ill or unlawful things when ever they speak though by their Letters Patents or their Seals If the things be evil these Letters Patents are void and whatsoever ill event succeeds the Executioners of such Commands must ever answer for them Thus my Lords in performance of my duty my weakness hath been troublesome unto your Lordships it is now high time humbly to entreat your pardon and give way to a learned Gentleman to begin a more particular charge Then were read the First Second and Third Articles viz. 1. THat whereas the great Offices expressed in the said Dukes Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employed by the Royal Progenitors of our Soveraign Lord the King in places of less Dignity were much encouraged with the hopes of advancement And whereas divers of the said places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able person He the said Duke being yong and unexperienced hath of late years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them II. Whereas by the Laws and Statutes of this Kingdom of England if any person whatsoever give or pay any sum of Money Fee or Reward directly or indirectly for any Office or Offices which in any-wise touch or concern the Administration or Execution of Justice or the keeping of any of the Kings Majesties Towns Castles or Fortresses being used occupied or appointed for places of strength and defence the same person is immediately upon the same Fee Money or Reward given or paid to be adjudged a disabled person in the Law to all intents and purposes to have occupy or enjoy the said Office or Offices for the which he so giveth or payeth any sum of Money Fee or Reward He the said Duke did in or about the Moneth of Ianuary in the Sixteenth year of the late King Iames of Famous memory give and pay to the Right Honorable Charles then Earl of Nottingham for the Office of Great Admiral of England and Ireland and the Principality of
Wales and for the Office of General-Governor of the Seas and Ships of the said Kingdoms and for the Surrender of the said Offices then made to the said King by the said Earl of Nottingham being then Great Admiral of the said Kingdoms and Principality and General-Governor of the Seas and Ships to the intent the said Duke might obtain the said Offices to his own use the sum of Three thousand pounds of lawful Money of England and did also about the same time procure from the said King a further Reward for the Surrender of the said Office to the said Earl of an Annuity of One thousand pounds by the year for and during the life of the said Earl and by the procurement of the said Duke the said late King of Famous memory did by his Letters Patents dated the Seven and twentieth of Ianuary in the said year of his Reign under the Great Seal of England grant to the said Earl the said Annuity which he the said Earl accordingly had and enjoyed during his life and by reason of the said sum of Money so as aforesaid paid by the said Duke And of his the said Dukes procurement of the said Annuity the said Earl of Nottingham did in the same Moneth surrender unto the said late King his said Offices and his Patents of them and thereupon and by reason of the premisses the said Offices were obtained by the Duke for his life from the said King of Famous Memory by Letters Patents made to the said Duke of the same Offices under the Great Seal of England dated the Eight and twentieth day of Ianuary in the said Sixteenth year of the said late King And the said Offices of Great Admiral and Governor as aforesaid are Offices that highly touch and concern the Administration and Execution of Justice within the provision of the said Laws and Statutes of this Kingdom which notwithstanding the said Duke hath unlawfully ever since the first unlawful obtaining of the said Grant of the said Offices retained them in his hands and exercised them against the Laws and Statutes aforesaid III. The said Duke did likewise in or about the beginning of the Moneth of December in the Two and twentieth year of the said late King Iames of Famous memory give and pay unto the Right Honorable Edward late Lord Zouch Lord Warden of the Cinque Ports and of the Members thereof and Constable of the Castle of Dover for the said Offices and for the Surrender of the said Offices of Lord Warden of the Cinque Ports and Constable of the said Castle of Dover to be made to the said late King of Famous memory the sum of One thousand pounds of lawful Money of England and then also granted an Annuity of Five hundred pounds yearly to the said Lord Zouch for the life of the said Lord Zouch to the intent that he the said Duke might thereby obtain the said Offices to his own use And for and by reason of the said sum of Money so paid by the said Duke and of the said Annuity so granted to the said Edward Lord Zouch he the said Lord Zouch the Fourth day of December in the year aforesaid did surrender his said Offices and his Letters Patents of them to the said late King And thereupon and by reason of the premisses he the said Duke obtained the said Offices for his life from the said late King by his Letters Patents under the Great Seal of England dated the Sixth day of December in the said Two and twentieth year And the said Office of Lord Warden of the Cinque Ports and of the Members thereof is an Office that doth highly touch and concern Administration and Execution of justice and the said Office of Constable of the Castle of Dover is an Office that highly concerneth the keeping and defence of the Town and Port and of the said Castle of Dover which is and hath ever been appointed for a most eminent place of strength and defence of this Kingdom which notwithstanding the said Duke hath unlawfully ever since this first unlawful obtaining of the said Office retained them in his hands and exercised them against the Laws and Statutes aforesaid These Three Articles were discoursed upon by Mr. Herbert and touching Plurality of Offices he observed That in that vast power of the Duke a young unexperienced man there is an unfortunate complication of Danger and Mischeif to the State as having too much ability if he be false to do harm and ruine the Kingdom and if he be faithful and never so industrious yet divided amongst so many great places whereof every one would employ the industry of an able and provident man there must needs be in him an insufficiency of performance or rather an impossibility especially considering his necessary attendance likewise upon his Court places To the Second and Third namely The buying the Office of Admiralty and Cinque-Ports both which he comprised in one he said That to set a price upon the Walls and Gates of the Kingdom is a Crime which requires rather a speedy remedy than an aggravation and is against the express Law of 5 Edw. 6. upon this foundation That the buying of such places doth necessarily introduce corrupt and insufficient Officers And in the Parliament of 12 Edw. 4. it is declared by the whole Assembly That they who buy those places these are the express words binde themselves to be Extortioners and Offenders as if they pretended it warrantable or as if they did lay an Obligation upon themselves to sell again And though the buying of such places be not against any particular Law enjoyning a penalty for them the breach whereof is a particular Offence yet as far as they subvert the good and welfare and safety of the people so far they are against the highest Law and assume the nature of the highest Offences IV. Whereas the said Duke by reason of his said Offices of Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of Admiral of the Cinque Ports and General Governor of the Seas and Ships of the said Kingdoms and by reason of the trust thereunto belonging ought at all times since the said Offices obtained to have safely guarded kept and preserved the said Seas and the Dominion of them and ought also whensoever there wanted either Men Ships Munition or other strength whatsoever that might conduce to the better safeguard of them to have used from time to time his utmost endeavor for the supply of such wants to the Right Honorable the Lords and others of the Privy Council and by procuring such supply from his Soveraign or otherwise He the said Duke hath ever since the dissolution of the two Treaties mentioned in the Act of Subsidies of the One and twentieth year of the late King Iames of Famous memory that is to say the space of Two years last past neglected the just performance of his said Office and Duty
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
complained of and what punishment it may deserve His fault consisteth in the unjust extorting and receiving the Ten thousand pounds from the East-India Company against their wills by colour of his Office Yet as offenders in this kinde have commonly some colour to disguise and mask their Corruptions so had he His colour was the Release of his pretended right to the Tenth part or some other share of the Goods supposed to be Piratically taken at Sea by the Captain and their Servants of the Company And though his Lordship may perhaps call his act therein a lawful Composition I must crave pardon of your Lordships to say thus That if his supposed right had been good this might peradventure have been a fair Composition The same pretence being unsound and falling away it was a meer naked Bribe and unjust extortion For if way should be given to take money by colour of Releases of pretended rights men great in power and in evil would never want means to extort upon the meaner sort at their pleasures with impunity It remains therefore that I should prove unto your Lordships onely two things First That a pretence of right by the Duke if he had none will not excuse him in this case and in the next place to shew by reason and good warrant That he had in Law no right at all to Release For the former I will relie upon the substance of two noteable presidents of Judgments in Parliament the one antient in the 10 Rich. 2. At which time the Commons preferred divers Articles unto the Lords in Parliament against Michael de la Pool Earl of Suffolk Lord Chancellor of England accusing him amongst other things by the first Article of his Charge That while he was Lord Chancellor he had refused to give Livery to the cheif Master of St. Anthonies of the profit pertaining to that Order till he had security from them with Sureties by Recognisance of Three thousand pounds for the payment of One hundred pounds per annum to the Earl and to Iohn his Son for their lives The Earl by way of Answer set forth a pretended Title in his Son to the cheif Mastership of that Order and that he took that One hundred pound per annum as a Composition for his Sons right The Commons replied shewing amongst other things That the taking of Money for that which should have been done freely was a selling of the Law and so prayed Judgment In conclusion the pretended right of his Son not being just or approved the offence remained single by it self a sale of Law and Justice as the Law termeth it and not a Composition for the Release of his Interest So the Earl for this amongst the rest was sentenced and greatly punished as by the Records appeareth The other President of like nature is more Modern in the Case of the Earl of Middlesex late Lord Treasurer of England who was charged by the Commons in Parliament and transmitted to your Lordships for taking of Five hundred pounds of the Farmers of the Great Customs as a Bribe for allowing of that Security for payment of their Rent to the late Kings Majesty which without such reward of Five hundred pounds he had formerly refused to allow of The Earl pretended for himself That he had not onely that Five hundred pound but Five hundred pounds more in all One thousand pounds of those Farmers for a Release of his Claim to Four of Two and thirty parts of that Farm But upon the proof it appearing to your Lordships That he had not any such part of that Farm as he pretended it was in the Thirteenth day of May in the Two and twentieth year of his late Majesties reign Adjudged by your Lordships in Parliament which I think is yet fresh in your Memories That the Earl for this amongst other things should undergo many grievous Censures as appeareth by the Records of your Lordships house which I have lately seen and perused And now being to prove that the said Duke had no title to any part of the Goods by him claimed against the East-India Company I shall easily make it manifest if his Lordships pretence by his own Allegation in the Admiralty were true That the Goods whereof he claims his share were Piratically taken From which Allegation as he may not now recede so is it clear by Reason and Authority That of such Goods no part or share whatsoever is due to the Lord Admiral in right of his Office or otherways 1. For that the parties from whom the same were taken ought to have restitution demanding it in due and reasonable time and it were an injury to the intercourse and Law of Nations if the contrary should be any way tolerated 2. Secondly by Law for so are the Statutes of this Kingdom and more especially in 27 Edw. 3.13 whereby it was provided That if any Merchant privy or stranger be robbed of his Goods upon the Sea and the same come afterwards into this Realm the owner shall be received to prove such Goods to be his and upon proof thereof shall have the same restored to him again Likewise 1 2 3 Edw. 6.18 in the Act of Parliament touching Sir Thomas Seymour Great Admiral of England who therein amongst divers other things is charged with this That he had taken to his own use Goods Piratically taken against the Law whereby he moved almost all Christian Princes to conceive a grudge and displeasure and by open War to seek remedy by their own hands And therefore for this amongst other things he was attainted of High Treason as appeareth by that Act wherein the Law is so declared to be as before is expressed But if it should be admitted that the Duke had a right in this case for which he might compound yet the manner of his seeking to try and recover such his right is in it self an high Offence and clearly unlawful in many respects whereof I will touch but a few As in making the most Honorable House of Parliament an Instrument to effect his private ends for his profit In proceeding to arest and stay the Ships of men not apt to flie but well able to answer and satisfie any just Suits which he might have against them though their Ships had gone on in their Voyage In prosecuting things so unseasonably and urging them so extreamly by his Advocate for bringing in of so great a sum of money upon the sudden and formally under colour of Justice and Service of the State In reducing that Company into that straight and necessity that it was as good for them to compound though the Duke had no title as to defend their own just right against him upon these disadvantages which by his power and industry he had put upon them Then he read the Seventh and Eighth Articles which he handled joyntly as being not two Charges but two sevearl parts of one and the same Charge and when he had read them he went on speaking further to
for the continuance of that service and safety Which we cannot hope for and we beséech your most excellent Majesty graciously to receive this our humble and frée protestation That we cannot hope for it so long as we thus suffer under the pressures of the power and ambition of the said Duke and the divers and false Informations so given to your Majesty on his behalf and for his advantage especially when we observe also that in such his greatness he preventeth the giving of true Information to your Majesty in all things that may any ways reflect on his own misdoings to shew unto your Majesty the true state of your Subjects and Kingdoms otherwise then as it may be represented for his own ends And to that purpose also hath he procured so many persons depending on him either by alliance or advancement to places of eminencie near your Sacred person Through his misinformations of that kind also and power we have séen to our great grief both in the time of your Majesties Royal Father of blessed memory and of your Majesty divers Officers of the Kingdom so often by him displaced and altered that within these few years past since the beginning of his greatness more such displacings and alterations have by his means happened then in many years before them Neither was there in the time of your Royal Father of blessed memory any such Course held before it was by the practice of the said Duke thus induced And since that time divers Officers of the Crown not only in this your Kingdom of England but also in Ireland as they have béen made friends or adverse to the said Duke have béen either so commended or mispresented by him to his Soveraign and by his procurement so placed or displaced that he hath always herein as much as in him lay made his own ends and advantage the measure of the good or ill of your Majesties Kingdoms But now at length may it please your most excellent Majesty we have received from the Lords a Copy of the said Dukes Answer to our Charge transmitted against him whereunto we shall presently in such sort reply according to the Laws of Parliament that unless his power and practice again undermine our procéedings we do not doubt but we shall upon the same have Iudgment against him In the times also most gracious Soveraign of these Interruptions which came amongst us by reason of the procurement of two of our Members committed A gracious Message was formerly received from your Majesty wherein you had been pleased to let us know That if you had not a timely Supply your Majesty would betake your self to New Counsels which we cannot doubt were intended by your most excellent Majesty to be such as stood with Iustice and the Laws of this Realm But these words New Counsels were remembred in a Speech made amongst us by one of your Majesties Privy-Council and lately a Member of us who in the same Speech told us He had often thought of those words New Counsels That in his consideration of them he remembred that there were such kinds of Parliaments antiently among other Nations as are now in England That in England he saw the Country-people live in happiness and plenty but in these other Nations he saw them poor both in persons and habit or to that effect Which state and condition happened as he said to them where such New Counsels were taken as that the use of their Parliaments ended This intimation may it please your Majesty was such as also gave us just cause to fear there were some ill Ministers near your Majesty that in behalf of the said Duke and together with him who is so strangely powerful were so much against the Parliamentary Course of this Kingdom as they might perhaps advise your most excellent Majesty such New Counsels as these that fell under the memory and consideration of that Privy-Counsellor And one especial reason among others hath increased that fear amongst us For that whereas the Subsidies of Tonnage and Poundage which determined upon the death of your most Royal Father our late Soveraign and were never payable to any of your Majesties Ancestors but only by a special Act of Parliament and ought not to be levied without such an Act yet ever since the beginning of your Majesties happy Reign over us the said Subsidies have béen levied by some of your Majesties ministers as if they were still due although also one Parliament hath béen since then begun and dissolved by procurement of the said Duke as is before shewed wherein no Act passed for the same Subsidies Which example is so much against the constant use of former times and the known Right and Liberty of your Subjects that it is an apparent effect of some new Counsels given against the antient setled Course of Government of this your Majesties Kingdom and chiefly against the Right of your Commons as if there might be any Subsidy Tax or Aid levied upon them without their consent in Parliament or contrary to the setled Laws of this Kingdom But if any such do so ill an office as by the misrepresentation of the state and right of your Majesties loyal Subjects advise any such new Counsels as the levying of any Aid Tax or Subsidy among your people contrary to the setled Laws of your Kingdom We cannot most gracious Soveraign but esteem them that so shall advise not only as Uipers but Pests to their King and Commonwealth as all such were to both Houses of Parliament expresly stiled by your most Royal Father but also Capital Enemies as well to your Crown and Dignity as to the Commonwealth And we shall for our parts in Parliament shew as occasion shall require and be ready to declare their offences of this kind such as that may be rewarded with the highest punishment as your Laws inflict on any Offenders These and some of these things amongst many other Most gracious Soveraign are those which have so much prevented a right understanding betwéen your Majesty and us and which have possessed the hearts of your people and loyal Commons with unspeakable sorrow and grief finding apparently all humble and hearty endeavors misinterpreted hindred and now at last almost frustrated utterly by the interposition of the excessive and abusive power of one man Against whom we have just cause to protest not only in regard of the particulars wherewith he hath béen charged which in Parliamentary way we are enforced to insist upon as matters which lie in our notice and proof but also because we apprehend him of so unbridled Ambition and so averse to the good and tranquillity of the Church and State that we verily believe him to be an Enemy to both And therefore unless we would betray our own duties to your Majesty and those for whom we are trusted We cannot but express our infinite grief that he should have so great power and interest in your Princely affections and under your Majesty wholly in
Barnardiston of the County of Suffolk and William Coriton Esq of the County of Cornwal were secured in the County of Sussex Sir Harbotle Grimston of the County of Essex and Sir Robert Points were secured in Northamptonshire Iohn Hampden Esq and others of the County of Bucks were secured in Hampshire and the like course was taken with the Gentry of other Counties who refused the Loan And the Council ordered that all those Refractory persons before-named for so they are called in the Order who are appointed by his Majesties command to their several Commitments shall presently obey the Order of the Board sent with their Messenger in that behalf or be committed close prisoners any pretence of inability want of conveniency or any excuse whatsoever notwithstanding Many of those Gentlemen were afterwards sent for by Pursevants out of those Counties where they were confined by Order of the Council and committed to several Prisons some to the Fleet some to the Marshalsey and Gatehouse and others remained in the custody of the Messengers And from the Gatehouse Sir Iohn Elliot sends this Petition to his Majesty To the Kings most Excellent Majesty The humble Petition of Sir Iohn Elliot Knight Prisoner in the Gate-house concerning the Loan Sheweth THat your poor Suppliant affected with sorrow and unhappiness through the long sense of your Majesties displeasure willing in every act of Duty and Obedience to satisfie your Majesty of the loyalty of his heart then which he hath nothing more desired that there may not remain a jealousie in your Royal Brest that stubbornness and will have béen the motives of his forbearing to condescend to the said Loan low as your Highness foot with a sad yet a faithful heart for an Apology to your Clemency and Grace he now presumes to offer up the Reasons that induced him which he conceiveth necessity of his Duty to Religion Justice and your Majesty did inforce The Rule of Iustice he takes to be the Law impartial Arbiter of Government and Obedience the support and strength of Majesty the observation of that Iustice by which Subjection is commanded This and Religion added to this Power not to be resisted binds up the Conscience in an Obligation to that Rule which without open prejudice and violence of these duties may not be impeached In this particular therefore of the Loan being desirous to be satisfied how far the Obligation might extend and resolving where he was left Master of his own to become Servant to your Will he had recourse unto the Laws to be informed by them which in all humility he submitteth to your most Sacred view in the Collections following In the time of Edward the First he findeth that the Commons of that age were so tender of their Liberties as they feared even their own frée acts and gifts might turn them to a Bondage and their Heirs Wherefore it was desired and granted That for no business such manner of Aids Taxes nor Prizes should be taken but by common assent of the Realm and for the common profit thereof The like was in force by the same King and by two other Laws again Enacted That no Tallage or Aid should be taken or levied without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other Freeman of the Land And that Prudent and Magnanimous Prince Edward the Third led by the same Wisdom having granted That the greatest gift given in Parliament for the Aid and speed of his matchless undertaking against France should not be had in Example nor fall to the prejudice of the Subject in time to come did likewise adde in Confirmation of that Right That they should not from thenceforth be grieved to sustain any Charge or Aid but by the Common Assent and that in Parliament And more particularly upon this point upon a Petition of the Commons afterwards in Parliament it was established That the Loans which are granted to the King by divers persons be released and that none from henceforth be compelled to make such Loans against their Wills because it is against Reason and the Franchises of the Land and Restitution be made to such as made such Loans And by another Act upon a new occasion in the time of Richard the Third it was ordained That the Subject in no wise be charged with any such Charge Exaction or Imposition called a Benevolence nor such like Charge and that such like Exactions be damned and annulled for ever Such were the Opinions of these times for all these Aids Benevolences Loans and such like Charges exacted from the Subject not in Parliament which they held to be Grievances contrary to their Liberties and illegal and so pious were their Princes in Confirmation of their Liberties as having secured them for the present by such frequent Laws and Statutes they did likewise by them provide for their Posterity and in some so strictly that they bound the Observation with a Curse as in that of 33 Edw. 1. And also under pain of Excommunication as by the other of the Five and twentieth of the same King which was to be denounced against all those that violate or break them which Act extends to us And these Reasons he presents to your Majesty as the first Motive taken from the Law There are others also which in his humble apprehension he conceived from the Action it self which he likewise tenders to your most Excellent Wisdom First That the Carriage and Instructions accompanied with the Authority of the Great Seal imported a Constraint such Requests to Subjects being tacite and implied Commands and so preventing that readiness and love which in a frée way would have far excéeded those Demands whereas the wonted Aids given to your happy Ancestors were Ex spontanea voluntate charitate populi whereby they made that Conjunction of their Hearts at home which wrought such power and reputation to their acts abroad Whereas the firmest Obligation of that readiness and love is the benignity of Princes giving and preserving to their People just and decent Liberties which to this Kingdom are derived from the Clemency and Wisdom of your Progenitors to whom there is owing a Sacred Memory for them He could not as he feared without pressure to these immunities become an actor in this Loan which by imprisonment and restraint was urged contrary to the Grants of the Great Charter by so many glorious and victorious Kings so many times confirmed being therein most confident of your Majesty that never King that raigned over us had of his own benignity and goodness a more pious disposition to preserve the just Liberties of his Subjects then your Sacred Self Though we were well assured by your Majesties Royal Promise whose words he holds as Oracles of Truth that it should become a president during the happiness of your Raign the long continuance whereof is the daily subject of his Prayers yet he conceived from thence a fear that succeeding Ages might thereby take occasion
for Posterity to strike at the propriety of their Goods contrary to the piety and intention of your Majesty so graciously exprest And these being the true Grounds and Motives of his forbearance to the said Loan shewing such inconveniences in Reason and representing it an Act contradicting so many of your Laws and most of them by the most prudent and happiest of our Princes granted which could not without presumption beyond pardon in your Suppliant in taking to himself the Dispensation of those Laws so piously Enacted by him be violated or impeached In the fulness of all Submission and Obedience as the Apology of his Loyalty and Duty he lowly offers to your most Sacred Wisdom for the satisfaction of your Majesty most humbly praying your Majesty will be graciously pleased to take them into your Princely consideration where when it shall appear as he doubts not but from hence it will to your déep judgment that no factious humor nor disaffection led on by stubbornness and will hath herein stirred or moved him but the just Obligation of his Conscience which binds him to the service of your Majesty in the observânce of your Laws he is hopeful presuming upon the Piety and Iustice of your Majesty that your Majesty according to your innate Clemency and Goodness will be pleased to bestow him to your Favor and his Liberty and to afford him the benefit of those Laws which in all humility he craves Notwithstanding the said Petition he still continued a prisoner in the Gate-house till the general Order of Discharge came Sir Peter Hayman refusing to part with Loan-money was called before the Lords of the Council who charged him with refractoriness and with an unwillingness to serve the King and told him if he did not pay he should be put upon service Accordingly they commanded him to go upon his Majesties service into the Palatinate and having first setled his estate he undertook and performed the journey and afterwards returned into England Archbishop Abbot having been long slighted at Court now fell under the Kings high displeasure for refusing to Licence Doctor Sibthorps Sermon as he was commanded intituled Apostolical Obedience and not long after he was sequestred from his Office and a Commission was granted to the Bishops of London Durham Rochester Oxford and Doctor Laud Bishop of Bath and Wells to execute Archiepiscopal Jurisdiction The Commission as followeth CHARLS by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Right Reverend Father in God George Bishop of London and to the Right Reverend Father in God Our Trusty and Welbeloved Counsellor Richard Lord Bishop of Durham and to the Right Reverend Father in God Iohn Lord Bishop of Rochester and Iohn Lord Bishop of Oxford to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellor William Lord Bishop of Bathe and Wells Greeting WHereas George now Archbishop of Canterbury in the right of the Archbishoprick hath several and distinct Archiepiscopal Episcopal and other Spiritual and Ecclesiastical Powers and Iurisdictions to be exercised in the Government and Discipline of the Church within the Province of Canterbury and in the Administration of Iustice in Causes Ecclesiastical within that Province which are partly executed by himself in his own person and partly and more generally by several persons nominated and authorised by him being learned in the Ecclesiastical Laws of this Realm in those several places whereunto they are deputed and appointed by the said Archbishop Which several places as We are informed they severally hold by several Grants for their several lives as namely Sir Henry Martin Knight hath and holdeth by the Grants of the said Archbishop the Offices and places of the Dean of the Arches and Iudge or Master of the Prerogative Court for the Natural life of the said Sir Henry Martin Sir Charls Caesar Knight hath and holdeth by Grants of the said Archbishop the places or Offices of the Iudge of the Audience and Master of the Faculties for the term of the Natural life of the said Sir Charls Caesar. Sir Thomas Ridley Knight hath and holdeth by the Grant of the said Archbishop the place or Office of Uicar-General to the said Archbishop And Nathaniel Brent Doctor of the Laws hath and holdeth by Grant of the said Archbishop the Office or place of Commissary to the said Archbishop as of his proper and peculiar Diocess of Canterbury And likewise the several Registers of the Arches Prerogative Audience Faculties and of the Uicar-General and Commissary of Canterbury hold their places by Grants from the said Archbishop respectively Whereas the said Archbishop in some or all of these several places and Iurisdictions doth or may sometimes assume unto his personal and proper Iudicature Order or Direction some particular Causes Actions or Cases at his pleasure And forasmuch as the said Archbishop cannot at this present in his own person attend these Services which are otherwise proper for his Cognisance and Iurisdiction and which as Archbishop of Canterbury he might and ought in his own person to have performed and executed in Causes and Matters Ecclesiastical in the proper Function of Archbishop of that Province We therefore of Our Regal Power and of Our Princely Care and Providence that nothing shall be defective in the Order Discipline Government or Right of the Church have thought fit by the Service of some other Learned and Reverend Bishops to be named by Us to supply those things which the said Archbishop ought or might in the Cases aforesaid to have done but for this present cannot perform the same Know ye therefore That We reposing special Trust and Confidence in your approved Wisdoms Learning and Integrity have nominated authorised and appointed and do by these presents nominate authorise and appoint you the said George Lord Bishop of London Richard Lord Bishop of Durham John Lord Bishop of Rochester John Lord Bishop of Oxford and William Lord Bishop of Bathe and Wells or any four thrée or two of you to do execute and perform all and every those Acts Matters and things any way touching or concerning the Power Iurisdiction or Authority of the Archbishop of Canterbury in Causes or Matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop himself might have done And We do hereby Command you and every of you to attend perform and execute this Our Royal Pleasure in and touching the premisses until We shall declare Our Will and Pleasure to the contrary And We do further hereby Will and Command the said Archbishop of Canterbury quietly and without interruption to permit and suffer you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells any four thrée or two of you to execute and perform this Our Commission according to Our Royal Pleasure thereby signified And We do further Will
some of the Bishops that were about London and some Divines and Civilians that by a good presence Causes might be handled for the reputation of the action and willed me therewithal to imitate therein the Lord Archbishop Whitgift who invited weekly some of the Judges to dinner the rather to allure them thither This advice proceeded from the Bishop of Durham that now is which was not ill if it came from a good intention I obeyed it singly and did that which was enjoyned But whereas in those times the Commissioners were but few since that time there hath been such an inundation of all sorts of men into that Company that without proportion both Lords Spiritual and Temporal Commissioners and not Commissioners resorted thither and divers of them brought so many of their men that it was truly a burthen to me I think it may by my Officers be justified upon Oath That since I was Archbishop the thing alone hath cost me out of my private estate One thousand pounds and a half and if I did say Two thousand pounds it were not much amiss besides all the trouble of my Servants who neither directly nor indirectly gained six pence thereby in a whole year but onely travel and pains for their Masters honor and of that they had enough My Houses being like a great Hostry every Thursday in the Term and for my expences no man giving me so much as thanks Now this being the true Case if the Church and Commonwealth be well provided for in the Administration of Justice and regard be had of the Publick can any discreet man think that the removing of me from this molestation is any true punishment upon me I being one that have framed my self to Reality and not to Opinion and growing more and more in years and consequently into weakness having before surfeited so long of worldly shews whereof nothing is truly gained temporally but vexation of spirit I have had enough of these things and do not dote upon them The world I hope hath found me more stayed and reserved in my Courses Nevertheless whatsoever was expedient for this was dispatched by me while I lived at Lambeth and Croyden albeit I went not out of door Yea but you were otherwise inutile not coming to the Star-chamber nor to the Council-Table My pain or weakness by the Gout must excuse me herein When I was younger and had my health I so diligently attended at the Star-chamber that for full seven years I was not one day wanting And for the Council-Table the same reason of my Indisposition may satisfie But there are many other things that do speak for me The greatest matters there handled were for Money or more Attempts of War For the one of these we of the Clergy had done our parts already the Clergy having put themselves into Paiments of Subsidy by an Act of Parliament not only for these two last years when the Temporalty lay in a sort dry but yet there are three years behind in which our Paiments run on with weight enough unto us And no man can justly doubt but my hand was in those Grants in a principal fashion And concerning the Provisions for War I must confess mine ignorance in the Feats thereof I knew not the grounds whereupon the Controversies were entred in general I thought that before Wars were begun there should be store of Treasure That it was not good to fall out with many great Princes at once That the turning of our Forces another way must needs be some diminution from the King of Denmark who was engaged by us into the Quarrel for the Palatinate and Germany and hazarded both his Person and Dominions in the prosecution of the Question These matters I thought upon as one that had sometimes been acquainted with Councils but I kept my thoughts unto my self Again I was never sent for to the Council-Table but I went saving one time when I was so ill that I might not stir abroad Moreover I was sure that there wanted no Councellors at the Board the Number being so much increased as it was Besides I had no great encouragement to thrust my crasie Body abroad since I saw what little esteem was made of me in those things which belonged to mine own Occupation With Bishopricks and Deanries or other Church-Places I was no more acquainted then if I had dwelt at Venice and understood of them but by some Gazette The Duke of Buckingham had the managing of these things as it was generally conceived For what was he not fit to determine in Church or Commonwealth in Court or Council in Peace or War at Land or at Sea at Home or in Foreign parts Montague had put out his Arminian Book I threee times complained of it but he was held up against me and by the Duke magnified as a well-deserving man Cosens put out his Treatise which they commonly call The Seven Sacraments which in the first Edition had many strange things in it as it seemeth I knew nothing of it but as it pleased my Lord of Durham and the Bishop of Bath So the World did read We were wont in the High-Commission to repress obstinate and busie Papists In the end of King Iames his time a Letter was brought me under the Hand and Signet of the King That we must not meddle with any such matter nor exact the Twelve-pence for the Sunday of those which came not to the Church with which Forfeit we never medled And this was told us to be in contemplation of a Marriage intended with the Lady Mary the Daughter of France After the death of King Iames such another Letter was brought from King Charls and all Execution against Papists was suspended But when the Term was at Reading by open divulgation in all Courts under the Great Seal of England We and all Magistrates are set at liberty to do as it was prescribed by Law And now our Pursuvants must have their Warrants again and take all the Priests they can whereof Mr. Cross took fourteen or fifteen in a very short space Not long after all these are set free and Letters come from the King under his Royal Signet That all Warrants must be taken from our Messengers because they spoiled the Catholicks and carried themselves unorderly unto them especially the Bishops Pursuvants Whereas we had in all but two Cross my Messenger for whom I did ever offer to be answerable and Thomlinson for whom my Lord of London I think would do as much But the Caterpillers indeed were the Pursuvants used by the Secretaries men of no value and shifters in the world who had been punished and turned away by us for great misdemeanors But truth of Religion and Gods service was wont to overrule humane Policies and not to be overruled And I am certain that things best prosper where those courses are held But be it what it may be I could not tell what to make of this variation of the Compass since
by the Books of our Laws that Liberty is a thing so favored of the Law that the Law will not suffer the continuance of a man in prison for any longer time then of necessity it must And therefore the Law will neither suffer the Party Sheriffs or Judges to continue a man in prison by their power and pleasure It doth speak of the delivery of a man out of prison with as reasonable expedition as may be And upon this reason it hath been resolved that howsoever the Law alloweth that there may be a Term between the Teste of an Original Writ and the Return of the same where there is only a Summons and no Imprisonment of the body yet the Law will not allow that there should be a Term between the Teste of a Writ of Capias and the Return of the same where the body of a man is to be imprison'd insomuch that it will give no way that the party shall have power to continue the body of a man longer time in prison then needs must so tender is the Law of the Subjects Liberty Monday the 27. of November the Attorney-General argued for the King That this was a very great Cause and hath raised great expectation and he was afraid that those Gentlemen whom it concerns have rather advised their Councils then their Councils them For the first Exception That the Return is not positive but hath relation to some others He did conceive it was positive enough For said he the words are Quod detentus est sub custodia mea per speciale mandatum Domini Regis The other words mihi significatum they follow after but are not part of the affirmation made before it And if they will have it as they seem to understand it then they must return the words thus Quod significatum est mihi per Dominos Privati Consilii quod detentus est per speciale mandatum Domini Regis And then it had not been their own proper Return but the signification of another the Lords of the Council The turning of the sentence would resolve this point the thing it self must speak for it self It is clear it is a positive Return that the detaining is by the command of the King and the rest of the Return is rather satisfaction to the Court then any part of the Return And for the other Exception That the Cause of the Cause is returned and not the Cause it self He said Among the Logicians there are two Causes there is Causa causans and Causa causata The Causa causans here in this Case is not the Warrant from the Lords of the Council for that is Causa causata But the primary and original Cause which is Causa causans is Speciale mandatum Domini Regis the other is but the Councils signification or testification or Warrant for him that made the Return And for the other Exception The Cause is imperfect because it shews only the Cause of detaining in Prison and not the Cause of the first Commitment He conceives it is sufficient for an Officer of the Law to answer That the Writ is a Command to make a Return of the detaining of the Prisoner and he accordingly makes a Return of the Detention and if the Keeper of the Prison had only said they were detained per speciale mandatum c. it had been good Then he proceeded to the matter of the Return and to answer the book-Book-Cases and Records that had been cited by the Council for the Prisoners and to produce Presidents on the Kings behalf which are extant in Print to which the Reader is referred Afterwards Sir Nicholas Hide Chief Justice Justice Dodderidge Justice Iones and Justice Whitlock being upon the Bench and Sir Iohn Heveningham and the forementioned Prisoners being brought to the Bar Sir Nicholas Hide Lord Chief Justice by the consent and direction of the Judges spake to this purpose That the Court hath seriously considered what hath been spoken by either side and are grown to a resolution And that his Brothers have enjoined him to deliver unto you the resolution of the whole Court And therefore said he though it be delivered by my mouth it is the resolution of us all I am sure you expect Justice from hence and God forbid we should sit here but to do Justice to all men according to our best skill and knowledge as it is our oaths and duties so to do But this is a Case of very great weight and great expectation and requires more solemn Arguments then the time will now permit The Exceptions which have been taken to this Return are two the one for the form the other for the substance First for the form because it is not returned as they say positively and absolutely but with reference to a Warrant of the Lords of the Council Now the Court is of opinion That this is a positive and absolute Return upon this reason That the Keeper of the Prison first returns that they are detained by the special command of the King And if they had ceased there it had been positive And for that which follows That it was signified to him by the Lords of the Council this is only to certifie the Court that he returned the Cause truly and not to shew us that he had no knowledge of the Cause but by the signification of the Lords of the Council There is not one word in the Writ that demands the cause why they were taken but why they are detained So that that point in the Writ is sufficiently answered which was only to certifie the cause of the detention And therefore we resolve That the form of this Return is good The next thing is the main point in Law Whether the substance or matter of the Return be good or no Where in the substance is this He doth certifie that they are detained in Prison by the special command of the King And whether this be good in Law or no is the Question Here the Lord Chief Justice did mention the several Presidents and Book-Cases cited by each side too long to be here related And concluded That that which is now to be judged by us is this Whether one that is committed by the Kings authority and no Cause shewn of his Commitment according as here it is upon this Return whether we ought to deliver him by Bail or to remand him back again Where by the way you must know that we can take notice only of this Return That when the Case appears to us no otherwise then by the Return we are not bound to examine the truth thereof but the sufficiencie of the Return We cannot judge upon rumors or reports but upon that which is before us on Record which is examinable by us whether it be sufficient or not Mr. Attorney hath told you That the King hath done it And we trust him in great matters And we make no doubt but the King if you seek to him knowing the cause why you
propriety in my own house and not liberty in my person Perspicuè vera non sunt probanda The King hath distributed his Judicial power to Courts of Justice and to Ministers of Justice it is too low for so great a Monarch as the King is to commit men to Prison and it is against Law that men should be committed and no cause shewed I would not speak this but that I hope my Gracious King will hear of it yet it is not I Edw. Cook that speaks it but the Records that speak it we have a National appropriate Law to this Nation diversis ab orbe Brittannis I will conclude with the Acts of the Apostles chap. 25. It is against reason to send a man to Prison and not to shew the cause It is now time to go to the Question Resolved upon the Question Nemine contradicente I. That no Freeman ought to be detained or kept in Prison or otherwise restrained by the command of the King or the Privy-Council or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained II. That the Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or detained in Prison or otherwise restrained though it be by the command of the King the Privy-Council or any other he praying the same III. That if a Freeman be committed or detained in prison or otherwise restrained by the Command of the King the Privy-Council or any other no cause of such Commitment Detainer or Restraint being expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a Habeas Corpus granted for the said Party then he ought to be delivered or bailed And then taking into consideration the Property of the Subject in his Goods they came to this Resolution to which there was not a Negative viz. That it is the antient and undubitable right of every Freeman That he hath a full and absolute Property in his Goods and Estate that no Tax Tallage Loan benevolence or other like charge ought to be commanded or levied by the King or any of his Ministers without common consent by Act of Parliament Wednesday March 26. The Propositions tendred the day before by Secretary Cook from his Majesty were now received and read but the Debate thereof was referred to another day The Propositions were these viz. 1. To furnish with men and Victuals 30 ships to guard the narrow Seas and along the Coasts 2. To set out ten other ships for the relief of the Town of Rochel 3. To set out ten other ships for the preservation of the Elbe the Sound and Baltick-Sea 4. To leavy Arms Cloth Victual pay and transport an Army of 1000. Horse and 10000. Foot for Forein Service 5. To pay and supply 6000 l. more for the service of Denmark 6. To supply the Forts of the Office of Ordnance 7. To supply the Stores of the Navy 8. To build 20 ships yearly for the increase of the Navy 9. To repair the Forts within the Land 10. To pay the arrears of the Office of Ordnance 11. To pay the arrears of the Victuallers Office 12. To pay the Arrear of the Treasure of the Navy 13. To pay the Arrears due for the freight of divers Merchants ships imployed in his Majesties Service 14. To provide a Magazine for Victuals for Land and Sea-service And the Commons having a Conference with the Lords about the Petition against Recusants Secretary Cook was appointed to manage the said Conference In the first place he said we acknowledge all due honor both unto the reverend Fathers of the Church and to our Noble Lords in that ye have shined before us as worthy Lights in the encouragement and maintenance of true Religion being the true support of all Dignities and Honors And this forwardness of you is the more remarkable when that viperous Generation as your Lordships justly stiled them do at ease with tooth and nail essay to rend the Bowels of their Mother Give me leave to tell you what I know that these now both vaunt at home and write to their friends abroad They hope all will be well and doubt not to prevail and to win ground upon us And a little to awake the Zeal and Care of our learned and grave Fathers it is fit that they take notice of that Hierarchy which is already established in competition with their Lordships for they have a Bishop consecrated by the Pope This Bishop hath his Subalternate Officers of all kindes as Vicars-General Arch-Deacons Rural-Deans Apparators and such like neither are these nominal or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdom keep Courts and determine Ecclesiastical Causes And which is an Argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntio's and Cardinals both at Bruxels and in France Neither are the Seculars alone grown to this height but the Regulars are more active and dangerous and have taken deep root they have already planted their Societies and Colledges of both Sexes they have setled Revenues Houses Libraries Vestments and all other necessary provisions to travel or stay at home nay even at this time they intend to hold a concurrent Assembly with this Parliament But now since his Sacred Majesty hath extended his Royal arm and since the Lords of his Council have by their Authority caused this nest of Wasps to be digged out of the Earth and their Convocations to be scattered And since your Lordships joyn in courage and resolution at least to reduce this people to their lawfull restraint that they may do no more hurt we conceive great hope and comfort that the Almighty God will from henceforth prosper our endeavors both at home and aboad But now my Lords to come to the chief Errand of this our meeting which is to make known to you the Approbation of our House of that Petition to his Majesty wherein you are pleased to request our concurrence The House hath taken it into serious consideration and from the beginning to the end approve of every word and much commend your happy pen onely we are required to present unto you a few Additions whereby we conceive the Petition may be made more agreeable to the Statutes which are desired to be put in execution and to a former * Petition granted by his Majesty Recorded in both Houses confirmed under the Broad-Seal of England and published in all our Courts of ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them onely as our advice and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not finde this Reason to be of weight This
transporting of any such as are here mentioned And his Majesty will take it for good Service if any will give knowledge of any such as have connived or combined or shall connive or combine as is mentioned in this Article that Justice may be strictly done upon them THat considering those dreadful dangers never to be forgotten which did involve your Majesties sacred Person and the whole representative body of your Maiesties Kingdom plotted and framed by the free and common access of Popish Recusants to the City of London and to your Majesties Court Your Majesty would be gratiously pleased to give speedy command for the present putting in practise those Laws that prohibit all Popish Recusants to come to the Court or within ten Miles of the City of London as also those Laws that confine them to the distance of five miles from their dwelling Houses and that such by-past Licenses not warranted by Law as have been granted unto them for their repair to the City of London may be discharged and annulled His Majesties Answer to the third Article TO the third His Majesty will take Order to restrain the recourse of Recusants to the Court and also for the other points in this Article his Majesty is well pleased that the Laws be duely executed and that all unlawful Licenses be annulled and discharged THat whereas it is more then probably conceived that infinite sums of moneys have within these two or three years last past been extracted out of the Recusants within the Kingdom by colour of composition and a small proportion of the same returned unto your Majesties coffers not onely to the suddain enriching of private persons but to the emboldning of Romish Recusants to entertain Massing Priests into their private Houses and to exercise all their Mimique Rites of their gross superstition without fear of control amounting as by their dayly practice and ostentation we may conceive to the nature of a concealed Toleration your Majesty would be gratiously pleased to entertain this particular more neerly into your Princely wisedom and consideration and to dissolve this Mystery of Iniquity patched up of colourable Leases Contracts and Preconveyances being but Masks on the one part of fraud to deceive your Majesty and States on the other part for private men to accomplish their corrupt ends His Majesties Answer to the fourth Article TO the fourth Article his Majesty is most willing to punish for the time past and prevent for the future any of the deceits and abuses mentioned in this Article and will account it a good service in any that will inform Himself his Privy Councel Officers of his Revenues Judges or learned Councel of any thing that may reveal this mystery of Iniquity And his Majesty doth strictly command every of them to whom such information shall be brought that they suffer not the same to die but do their uttermost endeavour to effect a clear discovery and bring the Offenders to punishment And to the intent no concealed toleration may be effected his Majesty leaves the Laws to their course THat as the Persons of Ambassadors from forain Princes and their Houses be free for the exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great offence of Almighty God and scandal of your Majesties People loyally and religiously affected That either the concourse of Recusants to such places may be restrained or at least such a vigilant watch set upon them at their return from those places as they may be apprehended and severely proceeded withal Ut qui palam in luce peccant in luce puniantur His Majesties Answer to the fifth Article TO the fifth his Majesty is well pleased to prohibit and restrain their coming and resort to the Houses of Ambassadors and will command a vigilant watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this your Majesties Kingdom or any Ships of your Majesties or which shall be imployed in your Majesties Service be committed to Popish Recusants or to Non-communicants by the space of a year past or to any such persons as according to direction of former Acts of State are justly to be suspected as the place and Authority of Lords Lieutenants Deputy Lieutenants Iustices of Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third year of the reign of your Father of blessed memory And that such as by Connivence have crept into such places may by your Majesties Royal Command be discharged of the same His Majesties Answer to the sixth Article TO the sixth his Majesty is perswaded that this Article is already observed with good care nevertheless for the avoiding as much as may be all errors and escapes in that kinde his Majesty will give charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the state of their several Circuits if any such as are mentioned in this Article be in the Commission of the peace that due reformation may be made thereof And will likewise give order to the Lord Admiral and such others to whom it shall appertain to make diligent enquiry and certificate to his Majesty if any such be in place of Authority and Command in his Ships or Service THat all your Majesties Iudges Iustices and ministers of Iustice unto whose care and trust execution which is the life of your Majesties Laws is committed may by your Majesties Proclamation not onely be commanded to put in speedy execution those Laws which stand in force against Iesuits Seminary Priests and Popish Recusants but that your Majesty would be further pleased to command the said Iudges and Iustices of Assize to give a true and strict account of their proceedings at their returns out of their Circuits unto the Lord Keeper and by the Lord Keeper to be presented unto your Majesty His Majesties Answer unto the seventh Article To the seventh his Majesty doth fully grant it ANd for a fair and clear eradication of all Popery for the future and for the breeding and nursing up of a holy generation and a peculiar People sanctified unto the true worship of Almighty God that until a provisional Law may be made for the training and educating of the Children of Popish Recusants in the grounds and principles of our holy Religion which we conceive will be of more power and force to unite your people unto you in fastness of love Religion and loyal obedience then all pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into your own princely care and consideration these our humble Petitions proceeding from hearts and affections loyally and religiously devoted to God and
lege regerentur And though the Book of Litchfield speaking of the times of the Danes says then Ius sopitum erat in regno leges consuetudines sopitae sunt and prava voluntas vis violentia magis regnabant quam Judicia vel Justitia yet by the blessing of God a good King Edward commonly called St. Edward did awaken those Laws and as the old words are Excitatas reparavit reparatas decoravit decoratas confirmavit which Confirmavit shews that good King Edward did not give those Laws which William the Conqueror and all his Successors since that time have sworn unto And here my Lords by many Cases frequent in our modern Laws strongly concurring with those of the ancient Saxon Kings I might if time were not more precious demonstrate that our Laws and Customs were the same I will onely intreat your Lordships leave to tell you That as we have now even in those Saxon times they had their Court Barons and Court Leets and Sheriffs Courts by which as Tacitus says of the Germanes their Ancestors Iura reddebant per pagos vicos and I do believe as we have now they had their Parliaments where new Laws were made cum consensu Praelatorum Magnatum totius Communitatis or as another writes cum consilio Praelatorum Nobilium sapientium Lâ—icorum I will add nothing out of Glanvile that wrote in the time of Hen. 2. or Bracton that writ in the days of Hen. 3. onely give me leave to cite that of Fortescue the learned Chancellor to Hen. 6. who writing of this Kingdom says Regnum istud moribus nationum regum temporibus eisdem quibus nunc regitur legibus consuetudinibus regebatur But my good Lords as the Poet said of Fame I may say of our Common Law Ingrediturque solo caput inter nubila condit Wherefore the cloudy part being mine I will make haste to open way for your Lordships to hear more certain Arguments and such as go on more sure grounds Be pleased then to know that it is an undoubted and fundamental Point of this so ancient Common Law of England That the Subject hath a true property in his goods and possessions which doth preserve as sacred that meum tuum that is the nurse of Industry and mother of Courage and without which there can be no Justice of which meum tuum is the proper object But the undoubted Birthright of true Subjects hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land and when according to the Laws and Statutes of this Realm redress hath been sought for in a legal way by demanding Habeas Corpus from the Judges and a discharge by trial according to the Law of the Land success hath failed that now inforceth the Commons in this present Parliament assembled to examine by Acts of Parliament Precedents and Reasons the truth of the English Subjects liberty which I shall leave to learned Gentlemen to argue NExt after Sir Dudly Diggs spake Mr. Ed Littleton of the Inner-Temple That their Lordships have heard that the Commons have taken into consideration the matter of personal Liberty and after long debate thereof they have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or restrained in Prison by the command of the King or Privy Councel or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with other of their Members to represent unto your Lordships the true grounds of their resolution and have charged me particularly leaving the reasons of Law and Precedents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and Commons by several Acts of Parliament the Authority whereof is so great that it can receive no Answer save by Interpretation or Repeal by future Statutes And these I shall minde your Lordships of are so direct in the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted in the 17th year of King Iohn and renewed in the 9 tâ— year of Hen. 3. and since confirmed in Parliament above 30. times the words there are Chap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatar nec super eum ibimus nec eum mittemus nisi per legale judicium Parium suorum vel per legem terrae He then proceeded to open and argued learnedly upon the several Particulars in the last recited Clause of Magna Charta and further shewed That no invasion was made upon this personal Liberty till the time of King Ed. 3. which was soon resented by the Subject for in the 5. Ed. 3. Chap. 9. it is enacted That no man from henceforth shall be attached on any occasion nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the Form of the great Charter and the Law of the Land and 25 Edw. 3. Chap. 4. it is more full and doth expound the words of the grand Charter which is thus Whereas it is contained in the grand Charter of the Franchises of England that none shall be Imprisoned nor put out of his Freehold nor free Custom unless it be by the Law of the Land it is awarded assented and established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Councel unless it be by Indictment or Presentment of his good and lawful People of the the same neighborhood which such Deed shall be done in due maner or by process made by Wâ—it original at the common Law nor that none be outed of his Franchises nor Office Freehold unless it be duly brought in Answer and fore-judged of the same by the course of the Law and that if any thing be done against the same it shall be redressed and holden for none and 28 Ed. 3. Chap. 3. it is more direct this Liberty being followed with fresh suit by the Subject where the words are not many but very full and significant That no man of what state and condition he be shall be put out of his Lands nor Tenements nor taken nor imprisoned nor disinherited nor put to death without it be brought in Answer by due process of the Law Several other Statutes were cited by him in confirmation of this point of the Liberty of the Subject The Kings Councel afterward made Objections to the said Argument
yet acknowledged that the seven Statutes urged by the House of Commons are in force yet said that some of them are in general words and therefore conclude nothing but are to be expounded by Precedents and some of them are applied to the suggestion of Subjects and not to the Kings command simply of its self and that per legem terrae in Magna Charta cannot be understood for process of Law and original Writs for that in Criminal proceedings no original Writ is usual at all but every Constable either for Felony or breach of the Peace or to prevent the breach of the Peace may commit without Process or original Writ it were very hard the King should not have the power of a Constable They also argued That the King was not bound to express the cause of Imprisonment because there may be in it matter of State not fit to be revealed for a time lest the confederates thereupon make means to escape the hands of Justice Besides that which the Commons do say that the party ought to be delivered or bailed is a contradiction in its self for bayling doth signifie a kinde of Imprisonment still Delivery is a total freeing And besides bayling is a grace or favor of a Court of Justice and they may refuse to do it To this it was replyed That the Statutes were direct in Point and though some of them speak of suggestions of the Subjects yet they are in equal reason a commitment by command of the King as when the King taketh notice of a thing himself And for the words per legem terrae original Writs onely are not intended but all other legal process which comprehendeth the whole proceedings of the Law upon Cause other then trial by Jury and the course of the Law is rendred by due process of the Law and no man ought to be imprisoned by special command without indictment or other due process to be made by the Law And whereas it is said there might be danger in revealing the Cause that may be avoided by declaring a general Cause as for Treason suspicion of Treason misprision of Treason Felony without expressing the particulars which can give no greater light to a confederate then will be conceived upon the very apprehension upon the imprisonment if nothing at all were expressed And as for the bayling of the party committed it hath ever been the discretion of the Judges to give so much respect to a commitment by the command of the King or the privy Councel which are ever intended to be done in just and weighty Cases that they will not presently set them free but bail them to answer what shall be objected against them on the Kings behalf but if any other inferior Officer do commit a man without shewing cause they do instantly deliver him as having no cause to expect their leasure so that Delivery is applyed to the imprisoned by command of some mean minister of Justice Bailing when it is done by command of the King or his Councel and though Bailing is a grace and favor of the Court in case of Felony and other crimes for that there is another way to discharge them in convenient time by their trial but where no cause of imprisonment is returned but the command of the King there is no way to deliver such persons by trial or otherwise but that of the Habeas Corpus and if they should be then remanded they might be perpetually imprisoned without any remedy at all and consequently a man that had committed no offence might be in a worse case then a greater offender for the latter should have an ordinary trial to discharge him the other should never be delivered MAster Selden of the Inner-Temple argued next first making this Introduction Your Lordships have heard from the Gentleman that last spake a great part of the grounds upon which the House of Commons upon mature deliberation proceeded to that clear resolution touching the right of liberty of their persons The many Acts of Parliament which are the written Laws of the Land and are expresly in the Point have bin read and opened and such Objections as have been by some made unto them and Objections also made out of another Act of Parliament have been cleared and answered It may seem now perhaps my Lords that little remains needful to be further added for the enforcement and maintenance of so fundamental and established a Right and Liberty belonging to every freeman of the Kingdom The House of Commons taking into consideration that in this question being of so high a nature that never any exceeded it in any Court of Justice whatsoever all the several ways of just examination of the Truth should be used have also most carefully informed themselves of all former Judgements or Precedents concerning this great Point either way and have been no less careful of the due preservation of his Majesties just Prerogative then of their own Rights The Precedents here are of two kinds either meerly matter of Record or else the former resolutions of the Judges after solemn debate in the Point This Point that concerns Precedents the House of Commons have commanded me to present to your Lordships which I shall as briefly as I may so I do it faithfully and perspicuously to that end my Lords before I come to the particulars of any of those Precedents I shall first remember to your Lordships that which will seem as a general key for the opening and true apprehension of all them of record without which key no man unless he be verst in the entries and course of the Kings Bench can possibly understand In all cases my Lords where any Right or Liberty belongs to the Subjects by any positive Law written or unwritten if there were not also a remedy by Law for enjoying or regaining of this Right or Liberty when it is violated or taken from him the positive Law were most vain and to no purpose and it were to no purpose for any man to have any right in any Land or other Inheritance if there were not a known remedy that is an Action or Writ by which in some Court of ordinary Justice he might recover it And in this case of Right of Liberty of Person if there were not a remedy in the Law for regaining it when it is restrained it were of no purpose to speak of Laws that ordain it should not be restrained The Writ of Habeas Corpus or Corpus cum causa is the highest remedy in Law for any man that is imprisoned and the onely remedy for him that is imprisoned by the special command of the King or the Lords of the pâ—ivy Councel without shewing cause of the commitment and if any mâ—n be so imprisoned by any such Command or otherwise whatsoever though England and desire by himself or any other in his behalf this Writ of Hab. Corp. for the purpose in the Court of Kings Bench that Writ is to be granted to him
and ought not to be denied and is directeâ— to the Keeper of the Prison in whose custody the Prisoner remains commanding him that after a certain day he bring in the body of the Prisoner cum causa detentionis and sometimes cum causa captionis and he with his return filed to the Writ bringeth the Prisoner to the Bar at the time appointed and the Court judgeth of the sufficiency or insufficiency of the retuâ—n and if they finde him baylable committitur Marescallo the proper Prison belongeth to the Court and then afterward traditur in ball But if upon the return of the Habeas Corpus it appear to the Court that the Prisoner ought not to be bayled nor discharged from the Prison whence he is brought then he is remanded and sent back again to continue till by due course of Law he may be delivered and the entâ—y of this is remittitur quousque secundum legem deliberatus fuerit or remittitur quousque c. which is all one and the highest award of Judgement that ever was or can be given upon a Habeas Corpus Your Lordships have heard the resolution of the House of Commons touching the enlargement of a man committed by the command of the King or the privy Councel or any other without cause shewed of such commitment which resolution as it is grounded upon Acts of Parliament already shewen the reason of the Law of the Land being committed to the charge of another to open unto unto you so it is strengthened by many Precedents of Records He then produced twelve Precedents full and directly in the point to prove that persons so committed ought to be delivered upon bayl which were distinctly opened and read to their Lordships then he also offered to their consideration other kind of Precedents which were solemn resolutions of Judges things not of Record but yet remain in Authentick Copies which Precedents and Authorities we omit for the length thereof He then proceeded and said The House of Commons desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the 34. year of the Queen cited in the case of Sir Iohn Heveningham by the Kings Councel as Arguments against his not being bayled have got into their hands a Book of select Cases collected by the reverend and learned Judge Chief Justice Anderson all written with his own hand which he caused to be read being the same which hath been already mentioned in the Collections of this Parliament which Precedents saith he do fully resolve enough for the maintenance of the ancient and fundamental point of Liberty of the Person to be regained by Hab. Corp. when any is imprisoned Then he concluded that having thus gone through the charge committed to him by the House of Commons he should now as he had leave and direction given him lest their Lordships should be put to much trouble and expence of time in finding and getting Copies at large of those things which he had cited offer also to their Lordships Authentick Copies of them all and so left them and whatever else he had said to their Lordships further consideration LAst of all Sir Edward Cook took up the Argument as to the rational part of the Law and began with this Introduction Your Lordships have heard 7. Acts of Parliament in point and 31. Precedents summarily collected and with great understanding delivered which I have perused and understand them all throughly 12. of the Precedents are in terminis terminantibus a whole Jury of Precedents and all in the point I am much transported with joy because of the hope of good success in this weighty business your Lordships being so full of Justice and the very Theme and Subject doth promise success which was Corpus cum cansa the freedom of an English man not to be imprisoned without cause shewn which is my part to shew and the reason and the cause why it should be so wherein I will not be prolix nor copious for to guild Gold were idle and superfluous And after he had cleared some doubts made of the Statute of Westminster which saith That the Sheriffs and others in some cases may not replevin men in Prison he proceeded further and said That all those Arguments offered unto your Lordships in this last conference are of a double nature 1. Acts of Parliament 2. Judicial Precedents For the first I hold it a proper Argument for your Lordships because you my Lords temporal and you my Lords spiritual gave your assent unto those Acts of Parliament and therefore if these cannot perswade you nothing can For the second which are Judicial Precedents it is Argumentum ab authoritate and Argumentum ab authoritate valet affimative that is I conceive though it be no good Argument to say negatively the Judges have given no opinion in the point 3. It is good Law which I fortifie with a strong Axiome Neminem oportet sapientiorem esse legibus Now these two arguments being so well pressed to your Lordships by my Colleagues I think your Lordships may wonder what my part may be it is short but sweet it is the Reason of all those Laws and Precedents and Reason must needs be welcome to all men for all men are not capable of the understanding of the Law but every man is capable of Reason and those Reasons I offer to your Lordships in affirmance of the antient Laws and Precedents made for the Liberty of the Subject against Imprisonment without cause expressed 1. A re ipsa 2. A minore ad majus 3. From the remedies provided 4. From the extent and universality of the same 5. From the infiniteness of the time 6. A Fine The first general Reason is a re ipsa even from the nature of Imprisonment ex visceribus causae for I will speak nothing but ad idem be it close or other Imprisonment and this Argument is three-fold because an imprisoned man upon will and pleasure is 1. A Bond-man 2. Worse then a Bond-man 3. Not so much as a man for mortuus homo non est homo a Prisoner is a dead man 1. No man can be imprisoned upon will and pleasure of any but he that is a Bond-man and villain for that Imprisonment and Bondage are Propria quarto modo to villains now Propria quarto modo and the species are convertible Whosoever is a Bond-man may be imprisoned upon will and pleasure and whosoever may be imprisoned upon will and pleasure is a Bondman 2. If free men of England might be imprisoned at the will and pleasure of the King or his commandment then were they in worse case then Bondmen or villains for the Lord of a villain cannot command another to imprison his villain without cause as of disobedience or refusing to serve as it is agreed in the year books And here he said that no man should reprehend any thing that he said out of Books or Records he said he would prove
absurd and unreasonable thing to send a Prisoner to a Roman Emperor and not to write along with him the Cause alledged against him send therefore no man a Prisoner without his causes along with him Hoc fac vives and that was the first reason a tuto that it was not safe for the King in regard of Loss to commit men without a Cause The second Reason is That such commitments will destroy the endeavors of all men Who will endeavor to imploy himself in any profession either of War Merchandise or of any liberal knowledge if he be but Tenant at will of his Liberty for no Tenant at will will support or improve any thing because he hath no certain estate Ergo to make men Tenants at will of their Liberties destroys all industry and endeavors whatsoever And so much for these six principal Reasons A re ipsa A minore ad majus A remediis From the extent and universality From the infiniteness of the time A fine Loss of Honor. Loss of Profit Loss of Security Loss of Industry These were his Reasons Here he made another Protestation That if remedy had been given in this Case they would not have medled therewith by no means but now that remedy being not obtained in the Kings Bench without looking back upon any thing that hath been done or omitted they desire some provision for the future onely And here he took occasion to adde four Book Cases and Authorities all in the Point saying That if the learned Councel on the other side could produce but one against the Liberties so pat and pertinent oh how they would hug and cull it 16. H. 6. tit monstrance de faits 82. by the whole Court the King in his Presence cannot command a man to be arrested but an action of false imprisonment lieth against him that arresteth if not the King in his royal Presence then none others can do it Non sic itur ad astra 1. Hen. 7.4 Hussey reports the opinion of Markham chief Justice to Edw. 4. that he could not imprison by word of mouth and the reason because the party hath no remedy for the Law leaves every man a remedy of causless imprisonment he added that Markham was a worthy Judge though he fell into adversities at last by the Lord Rivers his means Fortescue Chap. 8. Proprio ore nullus Regum usus est to imprison any man c. 4. Eliz. Times blessed and renowned for Justice and Religion in Pl. 235. the common Law hath so admeasured the Kings Prerogative as he cannot prejudice any man in his inheritance and the greatest inheritance a man hath is the liberty of his Person for all others are accessary to it for thus he quoted the Orator Major haereditas venit unicuique nostrum a Jure legibus quam a parentibus And these are the four Authorities he cited in this point Now he propounded and answered two Objections First in point of State Secondly in the Course held by the House of Commons May not the Privy Councel commit without cause shewed in no matter of State where secrecie is required would not this be an hinderance to his Majesties service It can be no prejudice to the King by reason of matter of State for the cause must be of a higher or lower nature if it be for suspicion of Treason misprision of Treason or Felony it may be by general words couched if it be for any other thing of smaller nature as contempt and the like the particular cause must be shewed and no individuum vagum or uncertain cause to be admitted Again if the Law be so clear as you make it why needs the Declaration and Remonstrance in Parliament The Subject hath in this Case sued for remedy in the Kings Bench by Habeas Corpus and found none therefore it is necessary to be cleared in Parliament And here ends his Discourse And then he made a recapitulation of all that had been offered unto their Lordships That generally their Lordships had been advised by the most faithful Counsellors that can be dead men these cannot be daunted by fear nor muzled by affection reward or hope of preferment and therefore their Lordships might safely believe them particularly their Lordships had three several kinds of Proofs 1. Acts of Parliament judicial Precedents good Reasons First you have had many ancient Acts of Parliament in the Point besides Magna Charta that is seven Acts of Parliament which indeed are thirty seven Magna Charta being confirmed thirty times for so often have the Kings of England given their royal Assents thereunto 2. Judicial Precedents of grave and reverend Judges in terminis terminantibus that long since departed the world and they were many in number Precedents being twelve and the Judges four of a Bench made four times twelve and that is forty eight Judges 3. You have as he tearmed them vividas rationes manifest and apparent Reasons Towards the conclusion he declared to their Lordships That they of the House of Commons have upon great study and serious Consideration made a great manifestation unanimously Nullo contradicente concerning this great liberty of the Subject and have vindicated and recovered the Body of this fundamental Liberty both of their Lordships and themselves from shadows which sometimes of the day are long sometimes short and sometimes long again and therefore we must not be guided by shadows and they have transmitted to their Lordships not capita rerum Heads or Briefs for these compendia are dispendia but the Records at large in terminis terminantibus and so he concluded that their Lordships are involved in the same danger and therefore ex congruo condigno they desired a Conference to the end their Lordships might make the like Declaration as they had done Commune periculum commune requirit auxilium and thereupon take such further course as may secure their Lordships and them and all their Posterity in enjoying of their ancient undoubted and fundamental Liberties The two next days were spent in the Debate about Billeting of Soldiers upon the Subject against Law THursday the 10. of April Mr. Secretary Cook delivered this Message from the King That his Majesty desireth this House not to make any recess these Easter Holidays that the world may take notice how earnest his Majesty and we are for the publique affairs in Christendom the which by such a recess would receive interruption THis Message for non-recess was not well pleasing to the House SIr Robert Phillips first resented it and took notice That in 12. and 18. Iac. upon the like intimation the House resolved it was in their power to adjourn or sit hereafter said he this may be put upon us by Princes of less Piety let a Committee consider hereof and of our right herein and to make a Declaration And accordingly this matter touching his Majesties pleasure about the recess was referred to a Committee and to consider
alledged must be such as may be determined by our Iudges of our Courts of Westminster in a Legal and ordinary way of Iustice whereas the Causes may be such as those Iudges have not capacity of Iudicature nor Rules of Law to direct and guide their Iudgement in cases of that transcendent nature which hapning so often the very incroaching on that constant Rule of Government for so many ages within this Kingdom practised would soon dissolve the very Foundation and Frame of our Monarchy Wherefore as to our Commons we made fair Propositions which might equally preserve the just Liberty of the Subject so my Lords we have thought good to let you know that without the overthrow of Soveraignty we cannot suffer this Power to be impeached notwithstanding to clear our conscience and just intentions this we publish That it is not in our heart nor will we ever 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 Customs wherein 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 Council shall or will at any time hereafter commit or command to Prison or otherwise restrain the persons of any for not lending Money to us nor for any cause which in our conscience doth not concern the publique good and safety of us and our people we will not be drawn to pretend any cause wherein our judgement and conscience is not satisfied with base thoughts we hope no man can imagine will fall into our Royal breast and that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or address of our Iudges unto us readily and really express the true cause of their Commitment or Restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed and that in all Causes Criminal of ordinary Iurisdiction our Iudges shall proceed to the Deliverance or Bailment of the Prisoner according to the known and ordinary Rules of the Laws of this Land and according to the Statute of Magna Charta and those other Six Statutes insisted upon which we do take knowledge stand in full force and which we intend not to abrogate and weaken against the true intention thereof This we have thought fit to signifie the rather to shorten any long Debate upon this great question the season of the year being so far advanced and our great Occasions of State not lending many more days for longer continuance of this Session of Parliament Given under our Signet at our Palace at Westminster 20º Maii the Fourth year of our Reign The same day the Kings Letter was communicated to the House of Commons they laid it aside and Sir Thomas Wentworth said it was a Letter of Grace but the people will onely like of that which is done in a Parliamentary way besides the Debate of it would spend much time neither was it directed to the House of Commons and the Petition of Right would clear all mistakes For said he some give out as if the House went about to pinch the Kings Prerogative But the further Debate of this matter took up several days May 17. the Lords propounded at a Conference an Addition to be made to the Petition of Right which was delivered by the Lord Keeper to this purpose THat whereas at the late Conference of both Houses there were some things propounded that came from their Lordships out of a desire the Petition might have the easier passage with his Majesty not intending to violate in any maner the substance of the Petition but it was then thought fit that there was another part of the Petition of as great importance and weight My Lords since the time of that Conference have imployed themselves wholly to reduce the Petition to such a frame and order that may give both to you and them hope of acceptance And after many deliberations and much advice taken my Lords have resolved to represent to you something which they have thought upon yet not as a thing conclusive to them or you and according to their desires having mentioned it in the beginning have held it fit to conclude of nothing till that you be made acquainted with it and that there may be a mature advisement between you and them so that there may be the happier conclusion in all their business This being the determination of the Lords that nothing that is now offered unto you should be conclusive yet they thought it convenient to present it unto you This alteration and not alteration but addition which they shall propound unto you to be advised and conferred upon which is no breach of the frame they think it meet if it shall stand with your liking to be put in the conclusion of the Petition which I shall now read unto you WE present this our humble Petition to your Majesty with the care not onely of preserving our own Liberties but with due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People This is the thing the Lords do present unto you this subject of this Conference concerning the adding of this in the conclusion of the Petition and that they know that this is new and that you cannot presently give an answer to it therefore they desire that you do with some speed consider of it and their Lordships will be ready this afternoon This Addition produced several Speeches LEt us look said he into the Records and see what they are what is Soveraign Power Bodin saith That it is free from any Condition by this we shall acknowledge a Regal as well as a Legal Power Let us give that to the King that the Law gives him and no more I Am not able to speak to this question I know not what it is All our Petition is for the Laws of England and this Power seems to be another distinct Power from the Power of the Law I know how to adde Soveraign to his Person but not to his Power Also we cannot leave to him Soveraign Power we never were possessed of it WE cannot admit of those words with safety they are applicable to all the parts of our Petition It is in the nature of a Saving and by it we shall imply as if we had incroached on his Prerogative all the Laws we cite are without a Saving and yet now after the violation of them we must adde a Saving Also I have seen divers Petitions and where the Subject claimed a Right there I never saw a Saving of this nature THis is Magnum in parvo this is propounded to be a conclusion of our Petition It is a matter of great weight and to speak plainly it
Exposition I apprehend must be made of the proposed words being added to our Petition And therefore I conclude that in my opinion we may not consent to this Addition which I submit to better Judgements The Commons afterwards appointed Mr. Glanvile and Sir Henry Martin to manage another Conference to be had with the Lords concerning the said matter and to clear the Sense of the Commons in that point the one argued the Legal the other the Rational part and though the matter delivered by the length of it may seem tedious to the Reader and some matters spoken of before repeated again yet if the Reader observe the Language and Stile as well as the subject Matter perhaps it will be no penance unto him Mr. Glanviles Speech in a full Committee of both Houses of Parliament 23. May 1628. in the Painted Chamber at Westminster MY Lords I have in charge from the Commons House of Parliament whereof I am a Member to express this day before your Lordships some part of their clear sense touching one point that hath occurred in the great Debate which hath so long depended in both Houses I shall not need many words to induce or state the question which I am to handle in this free Conference The subject matter of our meeting is well known to your Lordships I will therefore onely look so far back upon it and so far recollect summarily the proceedings it hath had as may be requisite to present clearly to your Lordships considerations the nature and consequence of that particular wherein I must insist Your Lords may be pleased to remember how that the Commons in this Parliament have framed a Petition to be presented to his Majesty a Petition of Right rightly composed relating nothing but truth desiring nothing but Justice a Petition justly occasioned a Petition necessary and fit for these times a Petition founded upon solid and substantial grounds the Laws and Statutes of this Realm sure Rocks to build upon a Petition bounded within due limits and directed upon right ends to vindicate some lawful and just Liberties of the free Subjects of this Kingdom from the prejudice of violations past and to secure them from future innovations And because my following discourse must reflect chiefly if not wholly upon the matter of this Petition I shall here crave leave shortly to open to your Lordships the distinct parts whereof it doth consist and those are four The first concerns Levies of Moneys by way of Loans or otherwise for his Majesties supply Declaring that no man ought and praying that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament 3. The second is concerning that Liberty of Person which rightfully belongs to the Free Subjects of this Realm expressing it to be against the 〈◊〉 of the Laws and Statutes of the Land that any Freeman should be imprisoned without cause shewed and then reciting how this Liberty amongst others hath lately been infringed it concludeth with a just and necessary desire for the better clearing and allowance of this priviledge for the future 3. The third declareth the unlawfulness of billeting or placing Soldiers or Mariners to sojourn in Free Subjects houses against their wills and prayeth remedy against that grievance 4. The fourth and last aimeth at redress touching Commissions to proceed to the Tryal and Condemnation of Offenders and causing them to be executed and put to death by the Law Marshal in times and places 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 be adjudged and executed This Petition the careful House of Commons not willing to omit any thing pertaining to their duties or that might advance their moderate and just ends did heretofore offer up unto your Lordships consideration accompanied with an humble desire That in your Nobleness and Justice you would be pleased to joyn with them in presenting it to his Majesty that so coming from the whole Body of the Realm the Peers and People to him that is the Head of both our Gracious Soveraign who must crown the Work or else all our labour is in vain it might by your Lordships concurrence and assistance finde the more easie passage and obtain the better answer Your Lordships as your maner is in cases of so great importance were pleased to debate and weigh it well and thereupon you propounded to us some few amendments as you termed them by way of alteration alledging that they were onely in matters of form and not of substance and that they were intended to none other end but to sweeten the Petition and make it the more passable with his Majesty In this the House of Commons cannot but observe that fair and good respect which your Lordships have used in your proceedings with them by your concluding or Voting nothing in your House until you had imparted it unto them whereby our meetings about this business have been justly stiled Free Conferences either party repairing hither disingaged to hear and weigh the others Reasons and both Houses coming with a full intention upon due consideration of all that can be said on either side to joyn at last in resolving and acting that which shall be found most just and necessary for the honor and safety of his Majesty and the whole Kingdom And touching those propounded alterations which were not many your Lordships cannot but remember that the House of Commons have yielded to an accommodation or change of their Petition in two particulars whereby they hope your Lordships have observed as well as ye may they have not been affected unto words or phrases nor over-much abounding in their own sense but rather willing to comply with your Lordships in all indifferent things For the rest of your proposed amendments if we do not misconceive your Lordships as we are confident we do not your Lordships of your selves have been pleased to relinquish them with a new overture for one onely Clause to be added in the end or foot of the Petition whereby the work of this day is reduced to one simple head whether that Clause shall be received or not This yielding of the Commons in part unto your Lordships of other points by you somewhat insisted upon giveth us great assurance that our ends are one and putteth us in hope that in conclusion we shall concur and proceed unanimously to seek the same ends by the same means The clause propounded by your Lordships to be added to the Petition is this WE humbly present this Petition to your Majesty not onely with a care for preservation of our Liberties but with a due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of your People A clause specious in shew and smooth in words but in effect and consequence most
special Charge and Direction so soon as the said Fleet or the greatest thereof shall be reassembled and joyned together then presently with the first opportunity of wind taking into his Charge also the Ships stayed and prepared at Portsmouth and Plimouth together with such fire Ships and other Vessels as shall be provided for this expedition to return to Rotchel with all possible diligence and do his best endevor to relieve the same Letting his Lordship know that order is taken for the victualling of the Fleet by Petty warrant so long as it remaineth in Harbor for the sparing and lengthening of the Sea victuals And if it so fall out that the Earl of Denbigh do set forward on his voyage towards Rotchel before the whole Fleet shall be joyned with him we pray your Grace to give him such Direction that he may leave order that the Ships which are behind shall follow him with all speed Monday 2 Iune The King came to the Parliament and spake thus in brief to both Houses Gentlemen I Am come hither to perform my duty I think no man can think it long since I have not taken so many days in answering the Petition as ye spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in me lies After this the Lord Keeper spake as followeth MY Lords and ye the Knights Citizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you That he takes it in good part that in consideration of setling your own Liberties ye have generally professed in both Houses that ye have no intention for to lessen or diminish his Majesties Prerogative wherein as ye have cleared your own intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and a strength to his Majesties Prerogative and his Prerogative a defence of your Liberties in which his Majesty doubts not but both he and you shall take a mutual comfort hereafter and for his part he is resolved to give an example in the using of his power for the preservation of your Liberties that hereafter ye shall have no cause to complain This is the sum of that which I am to say to you from his Majesty And that which further remains is That you hear read your own Petition and his Majesties gracious Answer The Petition Exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or aide shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise 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 Tallage Aid or other like Charge not set by common censent in Parliament Yet nevertheless of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have been in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or 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 Consined and sundry other ways molested and disquieted And divers other charges have been layed and levied upon your People in several Counties by Lords Lieutenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm 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 or imprisoned or be disseised of his Freeholds or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Iudgement of his Peers or by the Law of the Land And in the eight and twentieth year of the reign of King Edward the third it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenor of the said Statutes and other the good Laws 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 Iustices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie 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 to which they might make answer according to the Law And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties 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 Customs of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25 year of the reign of King Edward the third
it is declared and enacted That no man shall be forejudged 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 either by the Customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late 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 Iustice of Martial Law against such Soldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanor 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 tryal 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 no other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn 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 wholly and 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 Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or he confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such maner as is before mentioned be imprisoned or detained And that your Majesty will be pleased to remove the said Soldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and proceedings to the prejudice of your People in any of the Premises shall not be drawn hereafter into Consequence or Example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the prosperity of this Kingdom Which Petition being read the 2 of June 2628. The Kings Answer was thus delivered unto it The King willeth that Right be done according to the Laws and Customs of the Realm And that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative On Tuesday June 3. the King's Answer was read in the House of Commons and seemed too scant in regard of so much expence of time and labour as had been imployed in contriving the petition Whereupon Sir Iohn Elliot stood up and made a long Speech wherein he gave forth so full and lively representation of all Grievances both general and particular as if they had never before been mentioned HE reduced the Cause of all our evils to Five heads Our insincerity and doubling in Religion which he exemplified by the freedome and increase of Papists by the composition with them in the North the slightness of those payments and the easiness in them by the hopes presumptions and reports of all the Papists generally by the disposition of Commanders the trust of Officers the confidence of secrecies of employments in this Kingdom in Ireland and elsewhere 2. Our want of Councel which sacrificed our honour and our men sent to the Palatinate stopping those greater supplies appointed for that Service by which it might have been made defensible this gave direction to that late expedition to Ree whose wounds are yet bleeding by means whereof the Protestants of France and their King by a necessary consequence are divided and that Countrey so prepared against us that we have nothing to promise our neighbours hardly for our selves insomuch as by the issue and success it may rather be thought a conception of Spain then begotten here by us 3. The insufficiency and unfaithfulness of our Generals Witness first the expedition to Cales where we arrived and found a Conquest ready viz. the Spanish ships fit for the satisfaction of a voyageâ— either in point of honour or in point of profit why was it neglected why was it not atchieved it being granted on all hands feasible when the whole Army landed why was there nothing attempted if nothing were intended wherefore did they land if there were a service why were they shipt again Witness secondly that to Ree where the whole action was carried against the judgement and opinion of the Officers viz. those that were of the Councel was not the first was not the last was not all at land in the intrenching in the continuance there in the assault in the retreat without their assent to say nothing of leaving the Wines and the Salt which were in our possession and of a value as they say to answer much of our expence nor of that wonder which no Alexander or Caesar ever did know the enriching of an enemy by curtesies when the Souldiers want help nor of the private entercourses and parlies with the Fort which continually were held what they intended may be
Subjects by being secure from all undue Charges be the more incouraged chearfully to proceed in their course of Trade by the increase whereof your Majesties Profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their duty both to your Majesty and their Countrey save onely to make this humble Declaration That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is a breach of the Fundamental Liberties of this Kingdom and contrary to your Majesties Royal answer to the said Petition of Right And therefore they do most humbly beseech your Majesty to forbear any further recieving of the same and not to take it in ill part from those of your Majesties loving Subjects who shall refuse to make payment of any such Charges without Warrant of Law demanded And as by this forbearance your most excellent Majesty shall manifest unto the world your Royal Iustice in the observation of your Laws So they doubt not but hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties Honor and Profit MR. Noy after the reading hereof moved the House that his Majesty might be requested that the Merchants might ship their goods without a Cocket otherwise they do forfeit their goods Iune 26. The Speaker being sent for to the King at Whitehall came not into the House till about nine a clock And after Prayers the Remonstrance concerning Tunnage and Poundage being ingrossed was a reading in the House and while it was a reading the King sent for the Speaker and the whole House and the King made a Speech as followeth IT may seem strange that I came so suddenly to end this Session before I give my assent to the Bills I will tell you the cause though I must avow that I owe the account of my actions to God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truly informed that a second Remonstrance is preparing for me to take away the profit of my Tunnage and Poundage one of the chiefest maintenances of my Crown by alleadging I have given away my right thereto by my Answer to your Petition This is so prejudicial unto me that I am forced to end this Session some few hours before I meant being not willing to receive any more Remonstrances to which I must give a harsh Answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no ways to trench upon my Prerogative saying they had neither intention or power to hurt it Therefore it must needs be conceived that I have granted no new but only confirmed the Antient Liberties of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self that those things which have been done whereby many have had some cause to expect the Liberties of the Subjects to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn into example for your prejudice and from time to time in the word of a King ye shal not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask nor meant by me I am sure to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for you only under me belongs the interpretation of Laws for none of the Houses of Parliament either joint or separate what new Doctrine soever may be raised have any Power either to make or declare a Law without my consent After this Speech ended the Bill of Subsidie was delivered to the Speaker standing at the Bar in the Lords House who made a short Speech and shewed that it was the greatest gift that ever was given in so short a time And so craving pardon for the errors of the House and his own which he knew to be very many he desired the King to give his Royal Assent The King came so suddenly and unexpectedly to the House that the Lords were not in their Robes and the Commons had given no direction or Order for the Speaker to deliver the Bill of Subsidies Neither was it brought down to the Commons House as it was used but the Bills were read and the Bill for the Sabbath for Recusants children for Alehouse-keepers for continuance of Statutes for the Clergies Subsidie for the Lay of Subsidie all passed But for the Bill for explanation of the Statutes 3. Iac. about Leases of Recusants Lands The King said that in this short time he had not time sufficient to consider thereof but he said he found many Errors therein though the Title be faire and if at the next meeting they would amend those Errors it should pass Many private Bills passed also and after they were all read their Titles and the Kings Answer to them which to the publique Bills was Le Roy le veult to the private Soit fait come il est desire The Lord Keeper said it is his Majesties pleasure that this Session now end and that the Parliament be prorogued till the twentieth of October next At this Parliament which begun at Westminster the 17. of March Anno Regni R. Caroli 3. These Acts were passed FIrst An Act for further reformation of sundry Abuses committed on the Lords day called Sunday 2. The Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament Assembled concerning divers Rights and Priviledges of the Subject with the Kings assent thereunto in full Parliament 3. An Act for repressing of all unlicenced Alehouses 4. An Act to restrain the sending over of any to be popishly bred beyond the Seas 5. An Act for establishing of Suttons Hospital c. 6. An Act for the Establishing of the Tenants Estates of Bromfield and Yale in the County of Denbigh c. 7. An Act for the continuance and repeal of divers Statutes c. 9. An Act for five entire Subsidies granted by the Clergy 10. An Act concerning the Title c. of Earl of Arundel and for the annexing of the Castle of Arundel
of the Church he would take away occasion by commanding all persons that had any of those Books in their hands to deliver them to the Bishop of the Diocesse or if it be in either Universities to the Chancellor and Vice-Chancellor thereof who were commanded to suppresse them And if any by preaching reading or making of Books pro and contra concerning those unnecessary questions shall revive the difference he was resolved to take such order with them and those Books as they shall wish they had never thought upon those needlesse Controversies But ere this Proclamation was published the Books were for the most part vented and out of danger of seasure and the suppressing of all writing and preaching in Answer thereunto was it seems by some the thing mainly intended for the several answers made by Doctor Featly and Doctor Goad in their parallels by Master Burton Master VVard Master Yates Master VVotton as also by Francis Rows Esq in a Book called King Iames his Religion were all suppressed and divers of the Printers questioned in the high Commission Moreover Bishop Montague and Doctor Manwaring procured a Royal pardon of all Errors heretofore committed by them either in speaking writing or printing for which they might be hereafter questioned And Doctor Manwaring censured by the Lords in Parliament and perpetually disabled from future Ecclesiastical preferments in the Church of England was immediately presented to the Rectory of Stamford-Rivers in Essex and had a dispensation to hold it together with the Rectory of St. Giles in the fields The Town of Rochel was at this time straitly beleagured by the French King and the King of England had prepared a Fleet to relieve it under the Command of the Duke of Buckingham who being advanced as farre as Portsmouth on Saturday August 23. being Bartholomew Eve was suddenly slain in his own Lodgings there by one Leivtenant Felton about nine in the morning who with one blow having got a knife for the purpose struck the Duke under the left rib and up into the heart leaving the knife in his body and got away undiscovered In the fall to the ground the Duke was heard to say The villaine hath killed me Company coming presently in found him weltring in his blood and each person looking upon another marvelled who should do so horrid an act a jealousie was presently had of Monsieur Sobeez who was then there labouring for speedy relief to be sent to Rochel but he protesting his innocency Felton immediately stept out and said I am the man that did the deed let no man suffer that is innocent whereupon he was immediately apprehended sent to London and there imprisoned The King was within four miles of Portsmouth when the news was brought him of the death of the Duke he bid secure the murderer and Bishop Laud had advertisement of his death the 24th of August being then at Croiden with Bishop Neal and other Bishops consecrating Bishop Montague for Chichester Notwithstanding the death of the Duke the King pursued the design of relieving Rochel and again set out a Fleet with provision and fire-ships to put relief into the Town the Fleet went from Plymouth the beginning of September did several times attempt the Barricado but in vaine and so was enforced to give over any further attempt which the Rochellers perceiving gave themselves for lost and immediately came to a capitulation upon very mean tearmes as to themselves yet Lowes King of France was careful by Articles had they been performed that those outrages should not be committed upon the entry of the Town which the few remaining inhabitants were much afraid of and afterwards felt and so mixt mercy with his conquest yet presently after high outrages were committed and great was the persecution of the Reformed Churches which constrained them again to send to the King of England to implore aid with these expressions that what they writ was with their teares and their blood but the treaty being shortly after made between the two Crowns all things were setled in peace between the King and those of the reformed Religion Concerning the state of Rochel at the surrender we have seen a Relation to this purpose that the misery of the besieged was almost incredible having lived long upon Horse-flesh Hides and Leather Dogs and Cats hardly leaving a Horse alive still in hopes that the relief promised from England would prove effectual to them they held it so long till they were but about four thousand left alive of fifteen thousand souls most of them died with famine and when they begun to be pinched with the extremity of hunger they died so fast that they usually carried their Coffins into the Church-yard and other places and there laid themselves in and died great numbers of them being unburied when the forces of the King of France entred the Town and many corps eaten with Vermin Ravens and Birds The Fleet which thus put to sea for the Relief of Rochel was defective both in victuals which was tainted and in tackling and other materials insomuch as at the return thereof information being given to the King and Council of divers defaults and defects in the said ships victuals and provision of this and the former expedition to Rochel and in the discipline and performance of Commands and resolutions taken in that action to the great prejudice of the service it was ordered that the Earls of Denbigh Linsey and Morton and the Lord Wilmott and Master Secretary Cook should forthwith meet together and consider of the Relation made by the Earl of Linsey and inform themselves of defaults in the particulars before mentioned and make report thereof to the Board The Scots under the command of the Earl Morton and some Irish also were sent to quarter in the Isle of VVeight which Island was unacquainted with the quartering of Forreigners In Essex many robberies and outrages wâ—re committed by the Souldiers then returned from Sea Whereupon the Privy Councellors required the Justices of Peace in that County to choose a Provost Marshal for the apprehending of all such as wandred up and down the Country or behaved themselves dissorderly that they might be punished according to Law and to cause strong guards and watches to be kept in all passages And upon advertisement of some hostile preparations from forraign enemies the Privy Councel taking care for securing the coasts in Kent Sussex Hampshire Dorcetshire and Devonshire renued their directions to the Lords of those Counties for the careful watching of Beacons c. About the time the Fleet went last to the relief of Rochel the King being solicited by the Ambassadours of the King of Denmark and the united Provinces to send shipping to secure the Elbe and men for the defence of Lackstat resolved upon the sending of five Ships accordingly but first to dispatch the men for the relief of the Town the preservation whereof did mainly impart
the security of the River wherefore the Regiments then remaining in several of the States Garrison Towns which were reformed out of four Regiments under the Command of Sir Charles Morgan and supposed to consist of two thousand men were designed for this employment But in regard that by the capitulations at the rendring of Stoade these souldiers were first to touch in England before they could engage in War against the Emperour they were appointed to come to Harwitch and to saile thence to Luckâ—â—aâ— under the command of their former General and by reason of the absence of the English Fleet upon the service of Rotchel the States and the Prince of Orange were desired to accommodate them with Ships of convoy in crossing the Seas But a while after the King considering that the six months wherein that Regiment was bound not to serve against the Emperour were near expiring and the Winter approaching which by foul weather and contrary winds might expose both men and Ships to great danger in their crossing the Seas to England and cause unnecessary charge commanded Sir Charles Morgan to forbear to touch at Harwitch but to shape his course by the nearest straightest way from Holland to Luckstat and to stay at the place of imbarquing so many days as with the time which will be taken up in their passage may accomplish the full six months Moreover these Reformed Regiments brought from Stoade being found upon their mustering fourteen hundred the King made a supply of six hundred more by borrowing six or eight men out of every Company serving in the States pay under the conduct of the Lord Vere the season of the year not permitting to rely upon new recruits from England for which he engaged his royal word to the States and the Prince of Orange that for every man they lent him he would send them two as soon as his forces return from Rochel Touching the Horse levied in Germany and intended as was said to be transported into England about the last Session of Parliament the Privy Councel now wrote to Dalbeere upon certain overtures made by the King of Sweden and the Duke of Savoy to receive them into their pay and service that he might dispose of the said Cavalry to those Princes being his Majesties friends and Allies with condition that his Majesty be no further charged with their pay transportation or entertainment in any manner whatsoever After the death of the Duke the King seemed to take none to favour so much as Dr. Laud Bishop of London to whom he sent many gracious messages and also writ unto him with his own hand the which contained much grace and favour and immediately afterwards none became so intimate with his Majesty as the said Bishop BY Orders from the Bishop there were then entred in the Docket Book several Conge D'esliers and Royal assents for Dr. May to be Bishop of Bath and Wells for Doctor Corbet to be Bishop of Oxford and for Samuel Harsenet then Bishop of Norwitch to be Arch-Bishop of York In the University of Oxford Bishop Laud bore the sway The Lord Chancellour VVilliam Earl of Pembrook commiting his power into his hands And this year he framed the Statutes for the reducing and limiting the free Election of Proctors which before as himself said were Factious and Tumultuary to the several Colledges by course The meeting of the Parliament appointed to be the 20. of Octob. was by Proclamation the first day of that moneth Prorogued to the 20. of Ianu. following VVhilst Felton remained a Prisoner at London great was the resort of people to see the man who had committed so bold a murder others came to understand what were the Motives and Inducements thereunto to which the man for the most part answered That he did acknowledge the Fact and condemned himself for the doing thereof Yet withall confessed he had long looked upon the Duke as an evil Instrument in the Common-wealth and that he was convinced thereof by the Remonstrance of Parliament VVhich considerations together with the instigation of the Evil One who is always ready to put sinfull motions into speedy Actions induced him to do that which he did He was a person of a little Stature of a stout and revengeful spirit who having once received an injury from a Gentleman he cut off a piece of his little finger and sent it with a challenge to the Gentleman to fight with him thereby to let him know that he valued not the exposing of his whole body to hazard so he might but have an opportunity to be revenged Afterwards Felton was called before the Councel where he confessed much of what is before mentioned concerning his Inducement to the Murder the Councel much pressed him to confesse who set him on work to do such a bloody act and if the Puritans had no hand therein he denyed they had and so he did to the last that no person whatsoever knew any thing of his intentions or purpose to kill the Duke that he revealed it to none living Dr. Laud Bishop of London being then at the Councel Table told him if he would not confess he must go to the rack Felton replyed if it must be so he could not tell whom he might nominate in the extremity of torture and if what he should say then must go for truth he could not tell whether his Lordship meaning the Bishop of London or which of their Lordships he might name for torture might draw unexpected things from him after this he was asked no more questions but sent back to prison The Council then fell into Debate whether by the Law of the Land they could justifie the putting him to the Rack The King being at Councel said before any such thing be done let the advice or the Judges be had therein whether it be Legal or no and afterwards his Majesty the 13. of Novemb. 4. Car. propounded the question to Sr. Tho. Richardson Lord Chief Justice of the Common Pleas to be propounded to all the Justices Viz. Felton now a prisoner in the Tower having confessed that he had killed the Duke of Buckingham and said he was induced to this partly for private displeasure and partly by reason of a Remonstrance in Parliament having also read some Books which he said defended that it was lawful to kill an Enemy to the Republique the question therefore is whether by the Law he might not be Racked and whether there were any Law against it for said the King if it might be done by Law he would not use his Prerogative in this Point and having put this Question to the Lord chief Justice the King commanded him to demand the resolution of all the Judges First the Justices of Serjeants Inn in Chancery Lane did meet and agree that the King may not in this case put the party to the Rack And the fourteenth of November all the Justices being assembled at Serjeants Inn in Fleetstreet
that this Colledge was first at Edmonton removed from thence to Camberwel and thence to Clerkenwell Hereupon it was Ordered that all the Knights and Burgesses of the House shall to morrow morning declare what knowledge they have of Letters and other means that have been used for the staying of proceedings against Recusants and Messengers were sent to Mr. Attourney to examine him touching that matter Mr. Long a Justice of Peace who was said to understand much in the same business was likewise sent for and examined and said that by the appointment of Mr. Secretary Cook he apprehended these persons and took their Examinations and said further that he heard they were delivered out of Newgate by Order from Mr. Attourney That Mr. Middlemore a general Solicitor for the Papists hired this house and that there are divers Books of Accompts of Receipts and Disbursements to the value of 300. l. per an with divers Recusants names who allowed towards the maintenance of this Colledge and these Books and papers are in the hands of Mr. Secretary Cook It was further reported from the Committee that the Priest taken at Clerkenwell which was condemned should be Reprieved by a Warrant from the King signified by a Privy Councellor and another Warrant was produced by the Keeper of Newgate under the hand of the Kings Atturney General to release the other 9. Priests to which Mr. Secretary Cook replyed the K. being merciful in case of blood gave direction for the Reprieving the condemned Priest but the House not willing to let this pass appointed certain of their Members to go to the Lord chief Justice and the rest of the Judges who were there present at the Trial to know why the Papers and Evidences which Mr. Long had to produce were not made use of The Committee appointed to examine the Atturny-General reported this answer I did receive said the Atturny order touching some Persons taken in Clarkenwel conceived to be Priests from the Council-Board and for that refer myself to the Order And I conceive I did follow the directions of that Order I did my self cause them to be sent for from the several prisons where they were formerly committed and I committed them all to Newgate as the Order from the Council-Board directed and I gave directions for Indictments to be drawn against them as for being Priests and I sent for and conferred with the witnesses and took their Informations and I sent for Mr. Long who was formerly acquainted with that business as I was advised to do by Mr. Secretary Cook and desired him to take special care thereof at the Sessions And I did not conceive that by the Order I was directed to go thither my self but if I had been so directed and had so conceived it I should not have declined the service I know not nor never heard of any Lands conveyed to the use of these persons or of any foundation there but there was some mention made thereof in some of the papers delivered to me by Mr. Secretary but so generally as I know not how to enquire thereof but I did take care to intitle the King to the goods as the special directions to me was by the Order of the Board and the Indictment failed to be found against all but one and I gave warrant to the Treasurers remembrancer of the Exchequer for a special commission to that purpose and I advised with Mr. Long who were sit Commissioners for that purpose and after with Mr. Scrivener and a Commission was granted to Gentlemen of very good quality and an inquisition is found and returned accordingly whereby the King is intitled to the goods I had warrant from his Majesty to bayl them but for the manner of that I must crave leave to acquaint the King therewith before I answer any further I understood that an Indictment was preferred against three of them for Treason and I did direct Mr. Long that if the Indictment should not be â—ound for Treason yet to tender them and all the rest the Oath of Allegeance to bring them within the Kings mercy upon a Premunire if they should refuse the Oath and I understood the Oath was ministred to them accordingly at that Sessions and I understood after that the Indictment was found against one of them onely to be a Priest and that the other were quit Therefore receiving an express commandment from the King for the bayling of them I did conceive they were baylable which otherwise of my self I would not have done the Bonds I took and keep them my self for the surety I refer my self to the bond and understand that some of them were house-keepers in the Town I gave directions for Indictments to be drawn against them but I gave no special directions whether it should be drawn as against Iesuits or Priests but left that to the care of Mr. Long and did not then conceive there was any difference in the substance of the Indictment for Treason between Priests and Iesuits I can give no special reason why I rather bound them to appear at the Council-Table then at the Sessions but only this because I received my first directions from the Council-Board When the Sessions was past I did enquire of Mr. Long what was the success of these Indictments who informed me that one only was found guilty of being a Priest and thereupon I gave order for the Commission before mentioned to enquire of their goods And being again sent unto for a clearer answer he said For he Warrant which I received for the discharge of the prisoners and the Bond taken by me upon their deliverance which has a dependance upon that Warrant and whereof ye require an account I have attended his Majesty but ye have no leave to shew them and the Bonds being taken but in December last I keep them with me as I conceive was proper for my place but shall be ready to deliver them when I shall receive a commandment to that purpose Wednesday the eighteenth of February the Fast was kept and the nineteenth of February Mr. Dawes one of the Customers being called in to answer the point of Priviledge in taking Mr. Rolls Goods a Member of this House said That he took Mr. Rolls Goods by vertue of a Commission under the great Seal and other Warrants That he knew Mr. Rolls demanded his Priviledge but he did understand his Priviledge did onely extend to his person not to his goods And he further said He took those Goods for such duties as were due in the time of King James and that the King had sent for him on Sunday last and commanded him to make no other answer Mr. Carmarthen another of the Customers being called in said That he knew Mr. Rolls to be a Parliament-man and told him He did not finde any Parliament-man exempted in their Commission and as for the words charged on him that he should say If all the body of the House were in him he
Laud look to thy self be assured thy life is sought as thou art the fountain of wickedness repent of thy monstrous sins before thou be taken out of the world and assure they self neither God nor the world can endure such a vile Counsellor or whisperer to live The other was as bad against the L. Treasurer Weston The King purposing to proceed against the Members of the House of Commons who were committed to Prison by him in the Star-Chamber caused certain Questions to be proposed to the Judges upon the 25 of April WHereupon all the Judges met at Sergeants-Inne by command from his Majesty where Mr. Atturney proposed certain Questions concerning the offences of some of the Parliament-men committed to the Tower and other prisons at which time one Question was proposed and resolved viz. That the Statute of 4 H. 8.8 intituled An Act concerning Richard Strode was a particular Act of a Parliament and extended onely to Richard Strode and to those persons that had joyned with him to prefer a Bill to the House of Commons concerning Tynners And although the Act be private and extendeth to them alone yet it was no more then all other Parliament-men by priviledge of house ought to have viz. Freedom of speech concerning those matters debated in Parliament by a Parliamentary course The rest of the Questions Mr. Atturney was wished to set down in writing against another day Upon Munday following all the Judges met again and then Mr. Atturney proposed these Questions 1. Whether if any Subject hath received probable Information of any Treason or treacherous attempt or intention against the King or State that Subject ought not to make known to the King or his Majesties Commissioners when thereunto he shall be required what Information he hath received and the grounds thereof to the end the King being truly informed may prevent the danger And if the said Subject in such Case shall refuse to be examined or to answer the Questions which shall be demanded of him for further inquiry and discovery of the truth whether it be not a high contempt in him punishable in the Star-Chamber as an offence against the general Iustice and Government of the Kingdom Sol. The resolution and answer of all the Justices That it is an offence punishable as aforesaid so that this do not concern himself but another nor draw him to danger of Treason or contempt by his answer 2. Whether it be a good answer or excuse being thus interrogated and refusing to answer to say That he was a Parliament-man when he received this Information and that he spake thereof in the Parliament-house and therefore the Parliament being now ended he refused to answer to any such Questions but in the Parliament-house and not in any other place Sol. To this the Judges by advise privately to Mr. Atturney gave this Answer That this excuse being in Nature of a Plea and an errour in judgement was not punishable until he were over-ruled in an orderly manner to make another answer and whether the party were brought in Ore tenus or by Information for this Plea he was not to be punished 3. Whether a Parliament-man committing an offence against the King or Council not in a Parliament way might after the Parliament ended he punished or not Sol. All the Judges una voce answered He might if he be not punished for it in Parliament for the Parliament shall not give priviledge to any contra morem Parliamentarium to exceed the bounds and limits of his place duty And all agreed That regularly he cannot be compelled out of Parliament to answer things done in Parliament in a Parliamentary course but it is otherwise where things are done exorbitantly for those are not the Acts of a Court. 4. Whether if one Parliament-man alone shall resolve or two or three shall covertly conspire to raise false slanders and rumours against the Lords of the Council and Iudges not with intent to question them in a Legal course or in a Parliamentary way but to blast them and to bring them to hatred of the people and the Government in contempt be punishable in the Star-Chamber after the Parliament is ended Sol. The Judges resolve that the same was punishable out of Parliament as an offence exorbitant committed in Parliament beyond the office and besides the duty of a Parliament-man There was another Question put by Mr. Atturney viz. Whether if a man in Parliament by way of digression and not upon any occasion arising concerning the same in Parliament shall say The Lords of the Council and the Judges had agreed to trample upon the Liberty of the Subject and the priviledges of Parliament he were punishable or not The Judges desired to be spared to make any answer thereunto because it concerned themselves in particular The next day Mr. Atturny put the Judges another Case It is demanded of a Parliament-man being called Ore tenus before the Court of Star-Chamber being charged that he did not submit himself to examination for such things as did concern the King and the Government of the State and were affirmed to be done by a third person and not by himself if he confess his hand to that refusal and make his excuse and plead because he had priviledg of Parliament Whether the Court will not over-rule this plea as erronious and that he ought to make a further answer It is the justest way for the King and the party not to proceed Ore tenus because it being a point in Law it is fit to hear Counsel before it be over-ruled and upon an Ore tenus by the Rules of Star-Chamber Counsel ought not to be admitted and that it would not be for the Honor of the King nor the safety of the subject to proceed in that manner Pasca 5 Car. upon a Habeas Corpus of this Court to bring the body of William Stroud Esq with the cause of his imprisonment to the Marshal of the Kings Bench It was returned in this manner That Mr. William Stroud was committed under my custody by vertue of a certain Warrant under the hands of twelve of the Lords of the Privy-Council of the King the tenor of which Warrant followeth in these words YOu are to take knowledge that it is his Majesties pleasure and commandment that you take into your custody the Body of William Stroud Esq and keep him close prisoner till you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated this 2 of April 1629. And the direction of the Warrant was To the Marshal of the Kings Bench or his Deputy He is also detained in prison by vertue of a Warrant under his Majesties hand the tenor of which Warrant followeth in these words C.R. WHereas you have in your custody the Body of William Stroud Esq by Warrant of Our Lords of our Privy-Council by Our special Command you are to take notice that this
it particular It hath been confessed by one that argued on the other side that there is a generall in a particular C. 4. Hollands case there is the most generall and there is generall in particular as the State Ecclesiasticall 3 ly There is more particular as Colledges Deans and Chapters This being in a case of Return upon Habeas Corpus no precise certainty is required In an Indictment a certainty of all circumstances is requisite in Pleading a certainty is required in Counâ—s a more precise certainty in Barrs a certainty to a common intent is enough There is not such precise certainty required here as in Indictment or Count because the party ought to answer unto them nor so much certainty is required in this as in a Bar. And the Return is not incertain for as it is said in Plowden 202. and 193. a thing is incertain where it may be taken indifferently one way or the other But where the intendment the one way exceeds the intendment the other way it is not uncertain as it is here The words are for notable contempts against Us and Our Government for stirring up of sedition against Us Here is certainty of intendment one way There are many Writs which are more uncertain thâ—â— this Return here is yet good The Writ concerning the taking of an Apostate is general Quod spreto habitu Ordinis and yet there are more sorts of Apostasies In the Writ concerning the amoving of a Leper the words are generall and yet it appears by F. N. B. that there are two kinds of Lepers one outward and the other inward and for the latter the Writ concerning amoving a Leper So the Writs concerning the burning of an Heretick and concerning the examining of an Idiot are general and yet there are sundry kinds of Hereticks and Idiots also But it hath been objected that Sedition is not a Law-tearm nor known in the Law of which the Iudges can take no notice but the words to expresse offences of this nature are Murder Treason Felony c. and that no Indictment of Sedition generally was ever seen To this I answer Perhaps it is true that no Indictment was ever seen made because the form of an Indictment is precise words of art are required therein as appears in Dyer 69.261 C. 4. Vaux's case yet in 5 E. 6. Dyer 69. it is said that Furatus implies Felonicè cepit although the contrary hath been objected In a Return words by Periphrasis are sufficient The Warrant of a Iustice of Peace to apprehend I. S. because of prepensed malice interfecit I. D. is good enough although there wants the word murdravit In 5 R. 2. F. tryal 54. Belknap saies That a miscreant shall forfeit his land Out of which it may be gathered that a man may be Indicted for miscreancy And it seems likewise that an Indictment of sedition may be good for in some cases it is Treason I agree Peaks case which hath been obiected that for these words seditious fellow no action lies and so is C. 4.19 b. because those words do not import an act to be done but onely an inclination to do it but if a man say such words of another which import that he hath made sedition they are actionable as it was resolved in Phillips Badby's case 24 Eliz. C. 4.19 a. Thou hast made a seditious Sermon and moved the people to sedition this day adjudged actionable So in the Lord Cromwells C. 4.12 13. the action would have lain for those words You like of those that maintain sedition against the Queens proceedings if there had not been another matter in the case I agree the case of 21 E. 3. Sir John Garboyls case 42. E. 3. for in those cases sedition was only taken adjectively and shewes an inclination onely to do a seditious act in such sense sedition may be applyed to other offences then treason In 31 E. 1. f. gard 157. Gardein in Socage made feofment of land which he had in Ward This is forfeiture saies the Book for the treason which he did to the Ward so there one thing is called treason which is onely a breach of trust In an appeal of Mayhem it is felonicè and yet 6 H. 7.1 it is not Felony But felony is there onely put to expresse the hainousnesse of the offence it is as it were a felony The Statutes of 2 H. 4.1 Mar. 13 Eliz. 35 Eliz. 17 R. 2.3 4 E. 6.14 Eliz. which have been objected have the word Sedition but not applyable to this case Bracton in his Book de Corona saies Si quis c. If any by rash attempt plotting the Kings death should act or cause any to act to the sedition of the Lord the King or of his Army it is treason And Glanvil in as many words saies That to do any thing in sedition of the Kingdom or of the Army is high-treason And Britton fol. 16 It is high treason to â—â—herit the King of the Realm and sedition tendeth to the disheritance of the King for as it hath been said Seditio est quasi seorsum-itio when the people are severed from the King or it is Seperans à ditione when the people are severed from the power of the King And in this sense Sedition is no stranger in our Law and such sedition which severs the people from the King is Treason But it hath been objected that by the Statute of 25 E. 3. the Parliament ought onely to determine what is treason what not To this I answer That upon the said Statute the positive Law had alwaies made explication and exposition Br. treason 24. the words are Compasse or imagine the death of the King and there it is taken that he that malitiously deviseth how the King may come to death by words or otherwise and does an act to explain it as in assaying harnesse this is treason 13 Eliz. Dy. 298. Story 's case he being beyond-sea practised with a forraign Prince to invade the Realm and held treason because invasion is to the perill of the Prince and so within the Statute of 25 E. 3.4 Mar. Dy. 144. The taking of the Castle of Scarborough was treason in Stafford by 30. ass p. 19. which was presently after the making of the Statute of 25 E. 3. A man ought to have been hanged and drawn that brought Letters of Excommengement from the Pope and published them in England And it is to be noted that at the same time there was no Statute to make it treason but upon construction of the said Statute of 25 E. 3 though now it be made treason by the Statute of 13 Eliz. if it be with intention to advance forraigne power Perhaps the sedition mentioned in this Return is high treason and yet the King may make it an offence Finable for he may prosecute the offendor in what course he pleaseth and if it be treason then the prisoners are not baylable by the Statute of Westm. But suppose
d. interfecit I. S. upon prepensed malice is good for the nature of the thing is expressed although the formall word be wanting but out of the Return the substance of the offence ought alwaies to appear which appears not here But it hath been said by the other side That let the cause in the Return be as it will yet is it not traversable 9 H. 6.54 and I confesse it But as C. 11. James Baggs case is the Return ought to have certainty so much in it that if it be false the party grieved may have his action upon the case And the grievance complained of in the Petition of Right is that upon such Return no cause was certified that is no such cause upon which any Indictment might be drawn up for we never understand that the party shall be tryed upon the Habeas Corpus but that upon the matter contained within it and Indictment shall be made and he shall have his tryall upon it And yet it is clear and it hath been agreed of all hands in the Argument of the grand Habeas corpus Mich. 3. Car. in this Court that if the cause be certified upon the Return of the Habeas corpus that the Court may judge of the legality of that cause 2. Consider the parts of this Return as they are coupled together for notable contempts by him committed against Our Self and Our Government and for stirring of sedition against Us Upon the entire Return the King joynes sedition with notable contempts so that it is as much as if he had said that Sedition is one of the notable contempts mentioned in the first part of the Return so that he makes it but a contempt For the generality and incertainty of the Return I refer my self to the cases put by Mr. Ask and I will not waive any of them True it is if the Return had been that it was for Treason he had not been bailable but by the discretion of the Court and such Return would have been good but it is not so of sedition Gard. 157. Treason is applyed to a petty offence to the breach of trust by a Guardian in Socage but it is not treason And so sedition is of far lesse nature then treason and is oftentimes taken of a trespasse it is not treason of it self nor seditiosè was never used in an Indictment of treason It was not treason before the 25 of Edw. 3. nor can it be treason for 25 E. 3. is a flat Barre as I have said before to all other offences to be treason which are not contained within the said Act or declared by any Statute afterwards And there are offences which are more heinous in their nature then sedition is which are not treason as Insurrections c. which see in the Statute 11 H. 7. cap. 7. 2 H. 5. cap. 9. 8 H. 6. cap. 14. 5 R. 2. cap. 6. 17 R. 2. cap. 8. and by 3 and 4 E. 6. cap. 5. the assembly of twelve persons to attempt the alteration of any Law and the continuance together by the space of an hour being commanded to return is made treason which Act was continued by the Statute of 1 Mar. cap. 12. and 1 Eliz. cap. 16. but now is expired by her death and is not now in force although the contrary be conceived by some which I pray may be well observed By the Statute of 14 Eliz. cap. 1. rebellious taking of the Castles of the King is made treason if they be not delivered c. which shewes clearly that such taking of Castles in its nature was not treason But the said Statute is now expired and also all Statutes creating new treasons are now repealed But for a conclusion of this part of my Argument I will cite a case which I think expresse in the point or more strong then the case in question And it was M. 9. E. 3. roll 39. B. R. Peter Russells case he was committed to prison by the Deputy-Iustice of North-Wales because he was accused by one William Solyman of sedition and other things touching the King And hereupon a Commission issued out of the Chancery to enquire if the said Peter Russell behaved himselfe well or seditiously against the King and by the Inquisition it was found that he behaved himself well And upon an Habeas Corpus out of this Court his body was returned but no cause But the said Inquisition was brought hither out of Chancery and for that no cause of his caption was returned he prayed Delivery but the Court would not deliver him till it knew the cause of his Commitment Therefore taking no regard of the said Inquisition they now send a Writ to the now Iustice of Wales to certifie the cause of his commitment And thereupon he made this Return That the foresaid Peter Russell was taken because one William Solyman charged him that he had committed divers seditions against the Lord the King and for that cause he was detained and for no other And because the Return mentions not what sedition in speciall he was bayled but not discharged And I desire the baylment of the prisoner onely and not his deliverance I desire that the case be well observed In the said case there was an actuall sedition against the King here is onely a stirring up of sedition The words of the said Award are Videtur curiae which are the solemn words of a Iudgment given upon great deliberation There it was for other things concerning Us This is all one as if it had said for other things against Us Concerning the King and Against the King are all one as appears by 25 E. 3. c. 4. de Clero Stamf. 124. Westm. 1. c. 15. Bracton f. 119. 14 Eliz. c. 2. And the words of the Iudgment in the said case were not dimittitur but ideò dimittendus which imply the right of the party to be bayled The said case in some things was more particular then our case and more strong for there was an Accuser to boot which wants in our case There true it is that he was committed by the Iustice of Wales and here by the King himself but this makes no difference as to this Court for be the commitment by the King himself or by any other if it be not upon just cause the party may be bayled in this Court. And for the Inquisition which is mentioned it was no Tryall in the case nor did the Court give any regard thereto To detain the prisoner by the command of the King singly is against the Petition of Right but it being coupled with the cause the cause is to be considered and the truth of the cause is to be intended as well where it is mentioned to be by an inferiour Iudge as where by the King himself for it is traversable neither in the one nor other And 22 H. 8. roll 37. B. R. and 1 H. 8 roll 8. Harrisons case resolv'd that a man committed by the command of the King is
So here this Information ought to have been grounded upon Indictment or other matter of Record and not upon bare intelligence given to the King 10 The present case is great and difficult and in such cases the Iudges have alwaies outed themselves of Iurisdiction as appears by Bracton book 2. f. 1. Si aliquid novi non usitatum in Regno acciderit 2 E. 3.6 7. and Dower 243. Now I will remove some objections which may be made Where the King is Plaintiff it is in his election to bring his Action in what Court he pleases This is true in some sense to wit That the King is not restrained by the Statute of Magna Charta Quod communia placita non sequantur Curiam nostram for he may bring his Quare impedit in B. R. And if it concerns Durham or other County Palatine yet the King may have his Action here for the said Courts are created by Patent and the King may not be restrained by Parliament or by his own Patent to bring his Action where he pleaseth But the King shall not have his Action where he pleaseth against a prohibition of the Common Law as 12 H. 7. Keilw 6. the King shall not have a Formedon in Chancery And C. 6.20 Gregory's case If the King will bring an Information in an inferiour Court the party may plead to the Iurisdiction So where the Common Law makes a prohibition the King hath not election of his Court. The Information is contra formam Statuti which Statute as I conceive is intended the Statute of 5 H. 4. c. 6. and 11 H. 6. c. 11. which gives power to this Court to punish an assault made upon the servant of a Knight of Parliament But our case is not within those Statutes nor the intent of them for it is not intendible that the Parliament would disadvantage themselves in point of their priviledge And this was a trespasse done within the House by Parliament-men amongst themselves And Crompton's Jurisdiction of Courts f. 8. saith That the Parliament may punish trespasses done there Presidents have been cited of Parliament-men imprisoned and punished for matters done in Parliament To this I say That there is Via juris and via facti and via facti is not alwaies via juris C. 4.93 Presidents are no good directions unlesse they be iudiciall Otherwise there will be a failer of Iustice wrongs shall be unpunished To this I answer That a mischief is oft-times rather sufferable then an inconvenience to draw in question the priviledges of Parliament By the antient Common Law as it appears by 21 E. 3.23 and 21 ass if an Infant bring an appeal the Suit shall be stayed during his infancy because the party cannot have his tryall by Battail against the Infant but the Law is now held otherwise in the said case And in some cases criminall offences shall be dispunished 29 H. 8. Dy. 40. appeal of murder lies not for murder done in severall Counties This Court of B. R. is coram ipso Rege the King himself by intendment is here in person And as it is said C. 9.118 it is Supremum Regni Tribunal of ordinary Iurisdiction But to this I say that the Parliament is a transcendent Court and of transcendent jurisdiction It appears by 28 ass p. 52. that the style of other Courts is coram Rege as well as this is as coram Rege in Cancellaria coram Rege in Camera and though it be coram Rege yet the Iudges give the Iudgment And in the time of H. 3. in this Court some Entries were coram Rege others Coram Hugone de Bigod The privileges of Parliament are not questioned but the conspiracies and misdemeanours of some of them But to this I say That the distinction is difficult and narrow in this case where the offences obiected are iustifiable and if they be offences this reflects upon the House which hath not punished them The cases of 3 E. 3.19 and 1 and 2 Phil. Mar. have been obâ—ected But for the last it is observable that no plea was pleaded to the Iurisdiction as it is in our case And if a Parliament-man or other which hath priviledge be impleaded in forraign Court and neglect his plea to the Iurisdiction the Court may well proceed 9 H. 7.14 36 H. 6.34 â— 13. Jac. In this Court the Lord Norreys that was a Peer of Parliament was indicted in this Court for the murder of one Bigoo and pleaded his pardon And there it was doubted how the Court should proceed against him for he by the Law ought to have his Tryall by his Peers And it was resolved that when he pleads his pardon or confesseth his fault thereby he gives iurisdiction to the Court and the Court may give Iudgment against him So that these cases where it was not pleaded to the Iurisdiction can be no president in our case The priviledge here is not claimed by Prescription or Charter therefore it is not good But I say that notwithstanding this it is good for where the common-Law outs a Court of Iurisdiction there needs no charter or prescription 10 H. 6.13 8 H. 8. Keilw 189. Br. n. c. 515. Where Sanctuary of a Church is pleaded there 's no need to make Prescription because every Church is a Sanctuary by the common-Law Therefore c. Heath the Kings Atturney the same day argued on the other side but briefly First he answered to the objections which had been made First he said That Informations might well be for matters of this nature which are not capitall and that there are many presidents of such Informations But note that he produced none of them 2 y. It hath been obiected That they are a Councill therefore they ought to speak freely But such speeches which here are pronounced prove them not Counsellors of State but Bedlams the addition of one word would have made it Treason to wit Proditoriè But it is the pleasure of the King to proceed in this manner as now it is And there is great difference between Bills and Libells and between their proceedings as Counsell and as Mutinous 3 ly That it would be of dangerous consequence for by this means none would adventure to complain of grievances I answer They may make their complaints in Parliamentary manner but they may not move things which tend to distraction of the King and his Government 4 ly These matters may be punished in following Parliaments But this is impossible for following Parliaments cannot know with what minde these matters were done Also the House of Commons is not a Court of Iustice of itself The two Houses are but one Body and they cannot proceed criminally to punish crimes but onely upon their Members by way of imprisonment and also they are not a Court of Record And they have forbid their Clerk to make entry of their Speeches but onely of matters of course for many times they speak
Edward Cook A Message from the King to the House of Commons to end the Sessions Mr. Pyms Speech at the delivery of the charge against Dr. Manwaring â—udgement given against Dr. Manwawaring Dr. Manwaings submissions Another Message from the King Sir Robert Phillips Sir John Elliot Sir Dudly Diggs Sir Nathan Rich. The Commons declare that no undutiful Speech hath been spoken Mr. Wandesford Sir Edw. Cook declares the Duke the cause of all our miseries Mr. Seldens advice for a Declaration against the Duke Several heads agreed on for a Remonstrance A Message from the King by the Speakâ—r Another Message from the King to the Commons A Message from his Majesty tâ— the house of Lords The Kings Message gâ—ves the Commons more hope then formerly Burlemack called into the House The Petition of both Houses to his Majesty for a further Answer to the Petition of right His Majesties second Answer to the Petition of right All Grand Committees to cease Sir Edward Cooks Observations upon the said Commission Sir Edward Cook mannageth the Conference between both Houses concerning the Commission Fâ—resh Debate in the House against the Duke Sir Iohn Elliot Sir Henry Martin Sir Benjamin Rudyard Sir Thomas Jermin Dr. Lamb killed A Letter to the City about Dr. Lambs Death Dr. Neal Dr. Laud suspected for Atminians Mr. Selden The Commons Remonstrance against the Duke The Speaker appointed to deliver the Remonstrance Order in Star-Chamber concerning the Duke The Duke desires to clear himself concerning some words The Comission for Excise cancelled Mr. Selden concerning Tunnage and Poundage The Commons Remonstrance of Tunnage and Poundage Mr. Noy The K. ends this Session in person and declares the reason Dr. Manwarings Sermon suppâ—essed by Proclamation A Proclamation and commissiâ—n concerning composition with Recusants A Proclamation against the Bâ—shop of Calcedon Romish Priests to be sent to Wisbitch Jesuites taken at Clerkenwell or acted to be proceeded against Order to search what Recusants are about London Sir Richard Weston and Bishop Laud advanced Mr. Montague advanced and his Apello Caesarem called in Preaching and Writing pro con about unnecessary questions prohibited A pardon granted to Dr. Manwaring Dr. Montague Rochel close besieged and relief designed The Duke slain Dr. Montague consecrated Bishop Rochel again attempted to be relieved but in vain The sad condition of Rochel at the surrender Defects in the relief of Rochel questioned Outrages committed by souldiers Advertisement of forreign designes The King of Denmark assisted with forces The German House disposed of Dr. Laud in â—avour with the King Conge d'esâ—ier for certain Bishops The meeting of the Parliament adjourned to Jan. 20. Great resort to Felton in prison Felton examined before the Council Threatned to be Racked The Judges opinions taken therein Merchants committed about Customs Merchants summonned to the Councel Table Mr. Chambers brought up with a Habeas Corpus and bailed Lords of the Councel dissatisfied with his bailing Felton brought to trial Confesseth the Fact Tenders his hand to be cut off Hung in chains Mr. Vassals goods seised on for denying Customes Information pâ—eserved against him Mr. Vassals plea to the Information Mr. Chambers goods seised on for not paying customes A Replevin sued ouâ— And superseaded Mr. Rolls a Merchant Private consultations about the ensuing Parliament The Parliament meets they enquire whether the Petition of Right be enrolled What were the violations of the Subjects Liberties since the last Parliament Sir Robert Philips Speech concerning that matter The matter was referred to a Committee The Kings Speech to both Houses in the Banqueting House The K. sends a Message to the House of Commons speedily to take Tunnagâ— Poundage in to consideration But the Commons resolvâ— to proceed in matters of Religion Mr. Rous Speech â—oncerning Religion A Report from the Commâ—tee for Religion The Remonstrance concerning Religion sent back by the King Precedency again given to Religion before Tunnage and Poundage Mr. Pyms speech concerning Religion Message by Secretary Cook about Tunnage and Poundage Sir Tho. Edmâ—nds Mr. Corriton An Answer resolved to be given to the Kings messages Sir Iohn Eliot concerning Religion The Commons enter into a Vow Both Houses Petition the King for a fast His Majesties Answer The Commons Declaration to the King to give precedency to Religion His Majesties Answer to the Commons Declaration Debate about the Kings Dâ—claration concerning disputes about Religion Mr. Rolls sitting in Parliament was called forth and served with a Subpaenâ Debate concerning the same The mistake of the Subpaenâ cleared A report from the Committee for Tunnage and Poundage Committee meeâ— agâ—n upon Tunnage and Poundage Mr. Noy concerning Tunnage and Poundage Barons of the Exchequer sent unto about staying the delivery of Merchants goods The Barons Answer Not satisfactory A report concerning pardons to Dr. Manwaring Mr. Montague c. Mr. Cromwel against the Bishop of Winchester A complaint of the noâ— licensing of Books against Popery Mr. Selden concerning Printing Debates about increase of Popery Secretary Cook concerning the Priests arraigned at Newgate Mr. Long a Justice of peace examined Sir Robert Heath his answer concerning the prosecution of the Priests A Fast. Mr. Dawes answer to the Commons Mr Carmarthens answer Mr. Selden The House in a Committee about the Customers answer Mr. Noy Message by Secretary Cook from the King about the Customers Order by the King and Council concelning the Costomers The Kings Commission to the Customers c. Resolve concerning Mr. Rolls Debates Sir Iohn Ellyots Speech against particular persons * Lord Weston afterwards died a Papist The Speaker refuses to put the Question Mr. Seldens Speech thereupon The Speaker again refuseth to put the Question Protestation in Parliament propounded whilst the Speaker was held in his chair The King sends the Usher of the Lords House Warrants to apprehend several Members of Parliament The Kings Speech at the Dissolution of the Parliament Libels cast abroad Members examined before the Lords of the Council 5 Caroli Anno 1629. Questions propounded to the Judges concerning the imprisoned Members Answer Mr. Stroud and Mr. Long brought upon a Habeas Corpus An Information in Star-Chamber against the Members Ro. Heath Hu Davenport Ro. Bartley Heneage Finch William Hudson An Information in Star Chamber against Sir Io. Elliot c. Proceedings in Star-Chamber against Mr. Chambers His Answer His Sentence A submission tendred His refusal Places of Scripture mentioned by him Isa. 29.21 Ecclus. 11.7 8 John 7.51 Act. 26.2 Exod. 23.6 Deut. 16.19 Mich. 2.1 2. Ezek. 45.9 and 46.8 Eccles. 5.8 London His Plea in the Exchequer H. 3.9 E. 1.3 H. 3.9 E. 3.5 t H. 7.3 H. 8.21 1629. 16 Iune London Order in the Exchequer Mr. Chambers brought by a Habeas Corpus His Petition to the Parliament His death Mr. Selden brought upon a Habeas Corpus A letter from the King to the Judges Another Letter L' Assembli des Notables A Letter to the Judges The King confers with some of them Motion to bail the prisoners An Information exhibited in the Kings Bench against vir Iohn Elliot c. The Plea of Sir Iohn Elliot Mr Long 's Case in the Star-Chamber Arguments concerning Sir Iohn Elliot Lord Chief Justice Hide Justice Whitlock Judgment Judgment pronounced The Kings Declaration of the causes which moved him to dissolve the last Parliament * Here are the passages concerning the Members deportment in the House mentioned in this Declaration which we â—orbear to repeat in regard the same are at large expressed in the Information in the Star-chamber before mentioned A Proposition presented to the King how to keep in awe this nation First to have a Fortresse in every considerable Town Secondly To cause high-waies to be made through such Townes Thirdly To choose the Souldiers of such Fortresses no Inhabitants of the place 4. To let none passe through such places without a Ticket 5. To have the names of all lodgers taken by Inkeepers The expence of these Forts To impose an oath on the Subjects Meanes â—o increase the King's revenewes 1 To demand a Decima of mens estates 2 To buy out all Leases upon the Crown-Lands 3 To take the Salt into his Majesties own hands 4 To demand a rate for Sealing the weights every yeare 5 To demand an Impost for Wools. 6 To put a Tax upon every Lawyers Fee 7 To put a Tax upon Inns and Victualling-houses for a License 8 To put a Tax upon all Carâ—le Flesh and Horses sold in the Market 9 To put a Tax upon all Lands alienated 10 To demand a rate upon all Offices in his Majestie 's grant 11 To reduce his Majesties Houshold to Board wages 12 To demand a rate for license to eat Lacticinia 13 To take an imposition upon the Catholicks lands At the Prince his marriage to make Earls in Principi to pay for it And Barons to be made Earls To make 200 rich men Titulate and they to pay for the Titles To make Gentlemen of low quality and rich Farmers Esquires Mr. Stroud Esq brought to the Kings-Bench-Bar upon a Habeas Corpus Also Walter Long Esq. Mr. Mason of Lincolns-Inn his Argument for Mr. Long. Serjeant Barckley his Argument against Stroud and Long. Serjeant Davenport's Argument against Stroud and Long Mr. Littleton's Argument for Mr. Selden See Fortoscue f. 115. the which was not cited there never Sedition Strife or Murmur is heard Sir Rob. Heath the Kings Atturney Generall his Argument against Mr. Selden An Information exhibited in the King's Bench against Sir Iohn Eliot and others Mr. Mason's Argument for Sir John Eliot Mr. Calibrop's Argument for Mr. Valentine Camden's Brit. 449. 1. Object 2. Object 3. Object 4. Object 5. Object 6. Object 7. Object 8. Object Sir Rob. Heaths Argument against Sir John Elliot 1 Car 16 Jac. 1618. 1 Car. 1625.
unto the said Information the benefit whereof was by order of the Court reserved unto the Defendant to be debated and considered of at the hearing of this cause and of divers other matters now urged for the Defendant both to have justified his the said Defendants attendance in Parliament and his not residence in person in the County whereof he was then Sheriff and amongst other things that it properly belonged to the house of Parliament to judge of the justness or unjustness of the said Election and upon grave and mature consideration thereof had and taken by the Court their Lordships did not onely conceive the said Demurrer and Plea and other the Arguments and Reasons used by the Defendant and his Council to be of no weight or strength but also to be in opposition and derogation of the Jurisdiction of the Court the reasons moved and urged for the Defendants excuse or justification being clearly answered and the charges of the Information made good by Mr. Atturney General and others of his Majesties Counsel learned And therefore the whole Court were clear of opinion and did so declare That the said Defendant who at that time as high Sheriff had the custody and charge of the County of Wilts committed unto him by his Majesty and had taken his Oath according to the Law to abide in his proper person within his Bayliffwick during all the time of his Sheriffwick as aforesaid and whose trust and imployment did require his personal attendance in the said Countie had not onely committed a great offence in violating the said Oath so by him taken but also a great misdemeanor in breach of the trust committed unto him by his Majesty and in contempt of his Majesties pleasure signified unto him by and under his Highness great Seal when he granted unto him the said Office of Sheriffwick aforesaid For which said several great Offences in breach of his said Oath neglect of the trust and duty of his Office and the great and high contempt of his Majesty their Lordships did hold the said Defendant worthy the sentence of the Court the rather to the end that by this example the Sheriffs of all other Counties may be deterred from committing the like offences hereafter and may take notice that their personal residence and attendance is required within their Bayliffwicks during the time of their Sheriffwick The Court therefore thought fit ordered adjudged and decreed That the said Defendant should stand and be committed to the prison of the Tower there to remain during his Majesties pleasure and also pay a Fine of two thousand Marks to his Majesties use and further make his humble submission and acknowledgement of his offence both in the Court of Star-Chamber and to his Majesty before his thence enlargment The same Term Mr. Mason argued in the kings Bench for Sir Iohn Elliot against the Information preferred against him amongst others by Sir Robert Heath the kings Atturney General and the same day the Atturney General argued in maintenance of the said Information the Judges also the same day spake briefly to the Case and agreed with one Voyce That the Court as this Case is shall have Jurisdiction although that these offences were committed in Parliament and that the imprisoned Members ought to answer Iones began and said That though this Question be now newly moved yet it is an ancient Question with him for it had been in his thoughts these eighteen yeers For this Information there are three Questions in it 1. Whether the matters informed be true or false and this ought to be determined by Iury or Demurrer 2. When the matters of the Information are found or confessed to be true if the Information be good in substance 3. Admit that the offences are truly charged if this Court hath power to punish them and that is the sole Question of this day And it seems to me that of these offences although committed in Parliament this Court shall have jurisdiction to punish them The Plea of the Defendents here to the jurisdiction being concluded with a Demurrer is not peremptory unto them although it be adjudged against them but if the Plea be pleaded to the jurisdiction which is found against the Defendant by verdict this is peremptory In the discussion of this point I decline these Questions 1. If the matter be voted in Parliament when it is finished it can be punished and examined in another Court 2. If the matter be commenced in Parliament and that ended if afterward it may be Questioned in another Court I question not these Matters but I hold That an Offence committed criminally in Parliament may be questioned elsewhere as in this Court and that for these Reasons First Quia interest Reipublicae ut malesicia non maneant impunita and there ought to be a fresh punishment of them Parliaments are called at the Kings pleasure and the King is not compellible to call his Parliament and if before the next Parliament the party offending or the witnesses die then there will be a â—ayler of Justice Secondly The Parliament is no constant Court every Parliament mostly consists of several men and by consequence they cannot take notice of matters done in the foregoing Parliament and there they do not examine by oath unless it be in Chancery as it is used of late time Thirdly The Parliament cannot send Process to make the offenders to appear at the next Parliament and being at large if they hear a noise of a Parliament they will fugam facere and so prevent their punishment Fourthly Put the case that one of the Defendants be made a Baron of Parliament now he cannot be punished in the House of Commons and so he shall be unpunished It hath been objected That the Parliament is the Superior Court to this therefore this Court cannot examine their proceedings To this I say That this Court of the Kings Bench is a higher Court then the Justices of Oyer and Terminer or the Justices of Assize But if an offence be done where the Kings Bench is after it is removed this offence may be examined by the Justices of Oyer and Terminer or by the Justices of Assize We cannot Question the Judgments of Parliaments but their particular offences 2. Obj. It is a Priviledge of Parliament whereof we are not competent Iudges To this I say That Privilegium est privata lex privat legem And this ought to be by grant prescription in Parliament and then it ought to be pleaded for the manner as is 33 Hen. 8 Dy. as it is not here pleaded Also we are Judges of all Acts of Parliament as 4 Hen. 7. Ordinance made by the King and Commons is not good and we are Judges what shall be said a Session of Parliament as it is in Plowden in Patridges Case We are Judges of their lives and lands therefore of their Liberties And 8 Eliz. which was cited by Mr. Atturney it was the opinion of Dyer Oatlyn Welsh Brown