in Parliament The Right Honorable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and a Commissioner of Sewers and a Deputy Lieutenant within the East-Riding of Yorkshire his Lordship is presented to be a Popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are Popish Recusants and some of them convicted William Lord Eury in Commission for the Sewers in the East-Riding a convict Popish Recusant Henry Lord Abergaveney John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner of Sewers in Com. Lanc. himself suspected and his wife a Recusant Iohn Lord Mordant Commissioner of the Peace Sewers and Subsidie in Com. Northampton Iohn Lord St Iohn of Basing Captain of Lidley Castle in Com. Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York Com. Eborac Ville Kingston super Hull presented the last time and continuing still to give suspition of his ill-affection in Religion 1. By never coming to the Cathedral Church upon those dayes wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common dayes as other Presidents were accustomed but publickly departing out of the Church with his servants upon those dayes when the rest of the Council Lord Major and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawkes on those dayes 4. By causing such as are known to be firm on those dayes in the Religion established to be left out of Commission which is instanced in Henry Alured Esquire by his Lordships procurement put out of the Commission of Sewers or else by keeping them from executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lorship hath refused to give the Oath being appointed 5. By putting divers other ill-affected persons in Commission of the Council of Oyer and Terminer and of the Sewers and into other Places of Trust contrary to his Majesties gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish ships of War upon the Coasts of Scarborough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the house of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect and did likewise refuse to shew the Commissioners who were to be imployed for disarming of Popish Recusants the original Letters of the Privy-Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and Store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that service 8. By denying to accept a Plea tendred according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plaintiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay costs 9. By the great increase of Recusants since his Lordships coming to that Government in Ianuary 1619. It appearing by the Records of the Sessions that there are in the East-Riding onely One thousand six hundred and seventy more convicted then were before which is conceived to be an effect of his favor and countenance towards them William Langdale Esquire convict of Popish Recusancy Iordan Metham Henry Holm Michael Partington Esquires George Creswell Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their wives Ralph Bridgeman a Non-Communicant Nicholas Girlington whose wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the same Lord President since the Kings Answer never known to have received the Communion his two onely Daughters brought up to be Popish and one of them lately married to Thomas Doleman Esquire a Popish Recusant Anthony Vicount Montague in Commission of the Sewers in Com. Sussex his Lorship a Recusant Papist Sir William Wray Knight Deputy Lieutenant Colonel to a Regiment his wife a Recusant Sir Edw. Musgrave Sir Tho. Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy Lieutenant and Justice of Peace his wife and children Recusants Sir Richard Egerton a Non-Communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his wife indicted and presented William Whitmore Commissioner of the Subsidy his wife and children Recusants Sir Hugh Beeston Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady indicted for Recusancy and his children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his wife a Popish Recusant and eldest son Sir Ralph Conyers Knight Justice of Peace his wife a Popish Recusant Iames Lawson Esquire a Justice of Peace and one of the Captains of the Trained-band his children Popish Recusants and servants Non-Communicants Sir Iohn Shelley Knight and Baronet a Recusant William Scot Esq a Recusant Iohn Finch Esquire not convict but comes not to Church in Commission of the Sewers These are all convicted Recusants or suspected of Popery Sir William Mollineux Deputy Lieutenant and Justice of Peace his wife a Recusant Sir Richard Honghton Knight Deputy Lieutenant his wife and some of his daughters Recusants Sir William Norris Captain of the general Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant Iames Anderton Esquire Justice of Peace and one of his Majesties Receivers his wife a Non-Communicant his son and heir a great Recusant and himself suspected Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his wife and daughters Popish Recusants Edward Criswell Esquire Justice of Peace his wife a Popish Recusant Iohn Parker Gentleman Muster-Master for the County suspected for a Popish Recusant George Ireland Esquire Justice of Peace his wife a Popish Recusant Iohn Preston Esquire Bow-bearer for his Majesty in Westmorland Forest a Recusant Thomas Covill Esquire Jaylor Justice of Peace and Quorum his Daughter a Recusant married Sir Cuthbert Halsal Justice of Peace his wife a Recusant Richard Sherborn Esquire Justice of Peace himself
Non-resident his wife and son Recusants Sir George Hennage Knight Sir Francis Metcalf Knight Robert Thorall Esquire Anthony Mounson Esquire William Dallison Esquire in Commissioner of the Sewers and are justly suspected for Popish Recusants Sir Henry Spiller Knight in Commission of Peace for Middlesex and Westminster and Deputy Lieutenant Valentine Saunders Esquire one of the six Clerks both which are justly suspected to be ill-affected in Religion according to the Acts of State Charles Jones Knight Deputy Lieutenant and Justice of Peace George Milburne Esquire Justice of Peace Edward Morgan Esquire their wives are all Popish Recusants William Jones Deputy Lieutenant Justice of Peace his wife suspected to be a Popish Recusant Iohn Vaughan Captain of the Horse suspected for Recusancy Benedict Hall Receiver and Steward of the Dutchy of Lancaster he and his wife are Popish Recusants Sir Thomas Brudenel Knight and Baronet Deputy Lieutenant a Popish Recusant Cuthbert Herone Esquire now Sheriff of Northumberland Justice of the Peace his wife a Recusant Sir William Selby Junior Knight Justice of Peace his wife a Recusant Sir Iohn Canning Knight Justice of the Peace his wife a suspected Recusant Sir Ephraim Widdrington Knight Justice of Peace suspected to be a Recusant Sir Thomas Riddall Knight Justice of Peace his wife and eldest son are Recusants Iohn Widdrington Esquire who came out of the same County before his Majesties Proclamation was published and is now at London attending the Council Table by Commandment and yet not dismist Sir Robert Pierpoint Esquire Justice of Peace his wife a Recusant Sir Anthony Brown Knight Justice of Peace thought to be a Recusant but not convict Sir Henry Beddingfield Knight Deputy Lieutenant and Justice in Oyer and Terminer and in Commission of Sewers Justice of Peace and Captain of a foot Company his wife nor any of his children as is informed come to the Church Thomas Sayer Captain of the Horse his wife comes not to Church Sir William Yelverton Baronet and Justice of Peace not suspected himself but his eldest son and one of his daughters are known Recusants Sir Henry Minne Knight Justice of Peace and Quorum neither he his wife or daughters can be known to have received the Communion and have been presented at the Sessions for Non-conformity Robert Warren Clerk a Justice of Peace justly suspected and that for these Reasons 1. He being in trust for one Ratcliff of Bury deceased for the educating of his son he took him from the School at Twelve years old and sent him beyond the Seas to be brought up there in a Popish Seminary where he hath remained six or seven years as was generally reported 2. One of his Parishioners doubted in some points of Religion being sick and desired to be satisfied by him who confirmed him in the Religion of the Church of Rome which he told to his brothers before his death who are ready to affirm the same but this was divers years since 3. There being Letters directed to four Knights of that County to call the Ministers and other officers before them and to cause them to present all such as absented themselves from the Church and were Popishly affected he was desired to present those within his Parish Church of Welford which he accordingly did but left out at the least one half and being asked why he did so he answered that he was no Informer And being asked of some particulars whether they came to the Church or not his Answer was they did not and why then did he not present them he said they might be Anabaptists or Brownists and would not present them and this certified by three Members of the House 4. He having a brother dwelling in Sudbury that was presented for not coming to the Church he came to one of the Ministers and told him that he took it ill they presented his brother who answered he did it not but if he had known of it he would whereupon he replied He was glad he had a brother of any Religion 5 One of his Parish named Fage having intelligence that there was one in the said Parish that could inform of a Private place where Arms were in a Recusants House in the Parish came to some of the Deputy Lieutenants in Commission for a Warrant to bring the same in form before them to be examined concerning the same and the said Fage delivered the Warrant to the Constable he carried him before the said Mr Warren who rated the said Fage for that he did not come to him first telling him that he was a factious fellow and laid him by the heels for two hours which the said Fage is ready to affirm Sir Benjamin Titchburne Knight and Baronet Justice of Oyer and Terminer Justice of Peace and Deputy Lieutenant and in Commission for the Subsidue his wife children and servants indicted for popish Recusancy Sir Richard Tichburne Knight Justice of Peace his wife presented the last Sessions for having absented her self from the Church for the space of two moneths Sir Henry Compton Knight Deputy Lieutenant Justice of Peace and Commissioner for the Sewers Sir Iohn Shelly Knight and Baronet himself and his Lady Recusants Sir Iohn Gage Knight and Baronet a Papist Recusant Sir Iohn Guilfor Knight Their Ladies come not to Church Sir Edward Francis Knight Their Ladies come not to Church Sir Genet Kempe Knight some of his children come not to Church Edward Gage Esq a Recusant Papist Commissioners of the Sewers Tho Middlemore comes not to Church Commissioners of the Sewers Iames Rolls William Scot Commissioners of Sewers both Recusants Papists Robert Spiller comes not to Church Sir Henry Guilford in Commission for Piracies and for the Sewers and Iohn Thatcher Esquire Commissioner for the Sewers they are either persons convicted or justly suspected Sir Richard Sandford Knight Richard Brewthwait Esquire Gawen Brewthwait Esquire their wives are Recusants Sir William Ambrey Knight Justice of Peace a Recusant Rees Williams a Justice of Peace his wife a convict Recusant and his children Popishly bred as is informed Sir Iohn Coney Knight a Justice of Peace and Deputy Lieutenant his wife a Popish Recusant Morgan Voyle Esquire Justice of Peace his wife presented for not coming to Church but whether she is a Popish Recusant is not known Iohn Warren Captain of the Trained-band one of his sons suspected to be Popishly affected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that increase both in number and power which by the favor and countenance of such like ill-affected Governors accreweth to the Popish Party but that according to your own wisdom goodness and piety whereof they rest assured you will be graciously pleased to command that Answer of your Majesties to be effectally observed and the Parties above named and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England contrary
Majesty that he suffered for his good service done His Majesty requires the Lords who are able to do him Justice to punish Yelverton for his slander Sir Henry Yelverton coming shortly after before the Lords gave his particular Answer to each particular charge in serie temporis and spake moreover as followeth I Cannot but present my self this day before Your Highness and my Lords with much fear with more grief for I am compassed with so many terrors from His Majesty as I might well hide my head with Adam His Lordships meaning Buckingham displeasure wounds me more then the conscience of any these facts yet had I rather die then the Commonwealth should so much as receive a scrach from me I that in none of my actions feared that great man on whom they viz. Sir Edward Villers and Sir Giles Mompesson did depend much less would I fear them who were but his shadow But my most Noble Lords knowing that my Lord of Buckingham was ever at His Majesties hand ready upon every occasion to hew me down out of the honest fear of a Servant not to offend so gracious a Master as His Majesty hath ever been to me I did commit them videlicet the Silkmen And speaking concerning the Patent of Inns he said I cannot herein but bemoan my unhappiness that in the last cause laboring by all lawful means to advance the honest profit of His Majesty and in this with the sight almost of my own ruine to preserve His Majesties honor and the quiet of the people I am yet drawn in question as if I had equally dishonored His Majesty in both When Sir Giles saw I would not be wooed to offend His Majesty in his direction I received a Message by Mr. Emmerson sent me from Sir Giles That I would run my self upon the Rocks and that I should not hold my place long if I did thus withstand the Patent of Inns or to this effect Soon after came Sir Giles himself and like an Herauld at Arms told me to this effect He had a Message to tell me from the Lord of Buckingham that I should not hold my place a moneth if I did not conform my self in better measure to the Patent of Inns for my Lord had obtained it by his Favor and would maintain it by his Power How could I but startle at this Message for I saw here was a great assuming of power to himself to place and displace an Officer I saw my self cast upon two main Rocks either treacherously to forsake the standing His Majesty had set me in or else to indanger my self by a by blow and so hazard my Fortune I humbly beseech your Lordships Nature will struggle when she sees her place and means of living thus assaulted for now it was come to this Whither I would obey His Majesty or my Lord if Sir Giles spake true Yet I resolved in this to be as stubborn as Mordecai not to stoop or pass those gracious Bounds His Majesty had prescribed me Soon after I found the Message in part made good for all the profits almost of my place were diverted from me and turned into an unusual Channel to one of my Lords Worthies That I retained little more then the name of Attorney It became so fatal and so penal that it became almost the loss of a Suit to come to me My place was but as the seat of Winds and Tempests Howbeit I dare say if my Lord of Buchingham had but read the Articles exhibited in this place against Hugh Spencer and had known the danger of placing 〈◊〉 displacing Officers about a King he would not have pursued me with such bitterness But my opposing my Lord in this Patent of Inns in the Patent of Ale-houses in the Irish Customs and in Sir Robert Nantons Deputation of his place in the Court of Wards These have bin my overthrow and for these I suffer at this day in my Estate and Fortune not meaning to say I take it but as I know and for my humble oppositions to his Lordship above Twenty thousand pounds The King hearing of this Speech commanded the Lord Treasurer to acquaint the House of Lords That he understood that Yelverton being called before them the other day as a Delinquent answered not as a Delinquent but as a Judge or accuser of a Member of that House the Lord of Buckingham saying He suffered for the Patent of Inns or to that effect That he was so far from excusing or extenuating of his Offence the last day here that he hath aggravated the same Wherefore His Majesties pleasure is That himself will be judge of what concerns His Majesty for that which concerns the Lord of Buckingham his Lordship hath besought His Majesty that that might be left to the House and so His Majesty leaves that wholly to their Lordships The Lords made an humble Return to His Majesty That forasmuch as he was once pleased to make their House Judge of those words formerly spoken by Sir Henry Yelverton which touched His Majesties Honor that His Majesty will be pleased not to resume the same out of their hands but so far to tender the Priviledges of their House as to continue his first resolution which afterwards the King condescended unto The Lords first examining Emerson who varied in the matter he was examined about proceeded to Sentence Sir Henry Yelverton not upon the Charge exhibited against him by the Commons but for the words spoken by the by and declared That the said Sir Henry Yelverton for his Speeches uttered here in the Court which do touch the Kings Majesty his Honor shall be fined to the King in Ten thousand Marks be imprisoned during the Kings pleasure and make a Submission unto His Majesty And for the scandal committed in these words of his against the Lord Marquess of Buckingham That he should pay him Five thousand Marks and make his Submission As soon as the Judgment was pronounced against him the Lord Marquess of Buckingham stood up and did freely remit him the said Five thousand marks for which Sir Henry humbly thanked his Lordship and the House of Peers agreed to move His Majesty to mitigate Sir Henry Yelvertons Fine and the Prince his Highness offered to move His Majesty therein which accordingly was done and Sir Henry was set at liberty the Duke reconciled to him he afterwards preferred to be a Judge and was esteemed a man Valde eruditus in Lege But the Treaties with the Emperor and the King of Spain were much disrelished Gondomar had raised the peoples fury and was reviled and assaulted in London streets Whereupon the day following the Privy Council commanded the Recorder of London to be careful in the strict Examination of an Insolent and Barbarous affront offered to the Spanish Ambassador and his people for which the King would have exemplary Justice done And forasmuch as His Majesty was informed that there was a fellow already apprehended though not for casting stones or threatning
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
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
upon the Priviledges of the Peers of this Land and upon mine and their safety hereafter For if the Writ be not obeyed the Law calleth it a Misprission and highly fineable whereof we have had late examples and a missive Letter being avowed or not is to be doubted would not be adjudged a sufficient discharge against the Great-Seal of England On the other side if the Letter be not obeyed a Peer may De facto be committed upon a Contempt in the interim and the Question cleared afterwards so that in this case it is above mine abilities I can onely answer your Lordship that I will most exactly obey and to the end I may understand which obedience will be in all kindes most suitable to my duty I will presently repair to my private Lodging at London and there remain until in this and other Causes I shall have petitioned his Majesty and understand his further pleasure For the second part of your Lordships Letter where your Lordship saith That his Majesties meaning is not thereby to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as before so that your Lordships personal attendance here is to be forborne I conceive your Lordship intendeth this touching my coming to Parliament onely for as touching my comning to London I never had at any time one word of prohibition or colourable pretence of restraint but on the contrary having his late Majesties express leave to come to London to follow my affairs out of my respect to his Majesty then Prince and to the Duke of Buckingham I forbore to come until I might know whether my coming would not be disagreeable unto them whereunto his Majesty was pleased to answer both under the hand of the Duke and of Mr Secretary Conway That he took my respect unto him herein in very good part and would wish me to make use of the leave the King had given me since which time I never received any Letter or Message of restraint onely his Majesty by his Letter bearing date June the last commandeth me to remain as I was in the time of the King his Father which was with liberty to come to London to follow mine own affairs as I pleased as will appear unto your Lordship if you will afford me so much favor as to peruse them I have writ this much unto your Lordship because I would not through misunderstanding fall into displeasure by my coming up and to intreat your Lordship to inform his Majesty thereof And that my Lord Conway by whose Warrant I was onely restrained in the late Kings time of famous memory may produce any one word that may have so much as any colourable pretence of debarring my coming up to London I beseech your Lordship to pardon my desire to have things clearly understood for the want of that formerly hath caused all my troubles and when any thing is misinformed concerning me I have little or no means to clear it so that my chief labor is to avoid misunderstanding I shall conclude with beseeching your Lordship to do me this favor to let his Majesty understand that my coming up is onely rightly to understand his pleasure whereunto I shall in all things most dutifully and humbly conform my self And so with my humble service to your Lordship I recommend you to Gods holy protection and remain Your Lordships most humble Servant BRISTOL Sherborn April 12. 1626. Hereupon the Lord Keeper delivered this Message from the King to the House of Lords THat his Majesty hath heard of a Petition preferred unto this House by the Earl of Bristol so void of duty and respects to his Majesty that he hath great cause to punish him That he hath also heard with what duty and respectfulness to his Majesty their Lordships have proceeded therein which his Majesty conceiveth to have been upon the knowledge they have that he hath been restrained for matters of State and his Majesty doth therefore give their Lordships thanks for the same and is resolved to put the Cause upon the honor and justice of their Lordships and this House And therefore his Majesty commanded him the Lord Keeper to signifie to their Lordships his Royal pleasure That the Earl of Bristol be sent for as a Delinquent to answer in this House his Offences committed in his Negotiations before his Majesties being in Spain and his Offences since his Majesties coming from Spain and his scandalizing the Duke of Buckingham immediately and his Majesty by reflection with whose privity and by whose directions the Duke did guide his Actions and without which he did nothing All which his Majesty will cause to be charged against him before their Lordships in this House The Lords appointed a Committee to attend the King and to present their humble thanks to his Majesty for the trust and confidence he had placed in the honor and justice of their House About this time the Marshal of Middlesex petitioned to the Committee of the House of Commons touching his resistance in seising of Priests goods A Warrant was made by Mr Attorney General to Iohn Tendring Marshal of Middlesex and other therein named to search the Prison of the Clink and to seise all Popish and Superstitious matters there found A Letter also was directed to Sir George Paul a Justice of Peace in Surrey to pray him to take some care and pains to expedite that service On Good Friday April 7. Sir George Paul was ready by six a clock in the morning five or six Constables being charged and about an hundred persons to aid and assist them The Marshall being attended with the persons named in the Warrant and divers others of his own servants and the Aid being provided by Sir George Paul came to the Clink and finding a door open without any Porter or Door-keeper at all entred without resistance at the first appearing But immediately upon discovery of his purpose the Concourse of people without and his unexpected entrance giving occasion thereto the Porter steps up shuts the door and keeps the Marshal and some few that entred together with him within and his Aid without resisting them that would enter their Warrant being shewed notwithstanding until by force another door was broken open by which the other persons named in the Warrant the Marshals men with the Constables and others appointed for their assistance with Halberts did enter also leaving sufficient company without to guard the three several doors belonging to the House Being within the Marshall gave direction to his followers to disperse themselves into several parts of the House to the end that whilest he did search in one part the other parts and places might be safely guarded and so he proceeded in his search in the prosecution whereof he found four several Priests in the house viz. Preston Cannon Warrington Prator Preston was committed to the Clink about 16 years since and discharged of his imprisonment about
no man amongst the Thebans was to take upon him any Place of Government in the Commonwealth if that he were a Merchant unless there were ten years distance between And the reason is this Because Merchants are used to buying and selling It is their Trade and Art to to 〈◊〉 Money so that their fingers are accustomed to that which they cannot leave when they come to Places of Trust and Judicature Nay further in honor of the Merchants He is accounted the wisest Merchant that gains most so that if any such comes to Offices and Places of Trust he thinks it best to advance his profit Next to the Pagans the Popes a Generation full of Corruption yet they by their Bulls are full of Declamation against such And this is plain by a Bull of Pius Quintus who lays the Penalty of Confiscation of Goods of any that do for money acquire any Offices and condemns them by his Papal sentence to be great sinners So Gregory the Thirteenth condemns the like And now to come nearer home to come to that which will principally lead your Lordships which are the Judgments of your Ancestors in Parliament wherein it appears by the Statute of 5 H. 6. that the same Statute condemns the Seller and Receiver as well as the Buyer and Giver It further appears by the Preamble of that Statute that such offences were against the Law and they foresaw the Corruptions of those that came into those Places by those means and that it is a hinderance of sufficient and worthy men from those Places And also 2 3 E. 6. which was likewise cited in the Case of the Duke of Somerset by which he was to forfeit his Estate that one thing was for selling of Places in the Commonwealth for money And certainly with your Lordships favor it is most just and probable that they that profess themselves to be Patriots and shew by their actions that they aim at their own lucre and labor to hinder the distributing of Iustice it is most just and proper that those men should return back again to the Publick Treasury of the King and Kingdom what they have by their unsatisfied lucre gotten And so my Lords craving Pardon of you for my boldness confusion and distractions in going through this business I humbly leave my self to the judgments of your favors and charities and this Great man the Duke to your wise Censure and Justice Then was read the Eleventh and Twelfth Articles XI That he the said Duke hath within these ten years last past procured divers Titles of Honor to his Mother Brothers Kindred and Allies as the Title of Countess of Buckingham to his Mother while she was Sir Thomas Compton's wife the Title of Earl of A. to his younger Brother Christopher Villiers the Titles of Baron of M. P. Vicount F. and Earl of D. to his Sisters Husband Sir W. F. the Titles of Baron of S. and Vicount P. to Sir Iohn Villiers elder Brother unto the said Duke and divers more of the like kind to his Kindred and Allies whereby the Noble Barons of England so well deserving in themselves and in their Ancestors have been much prejudiced and the Crown disabled to reward extraordinary Vertues in future times with Honor while the small Estates of those for whom such unnecessary Advancement hath been procured ar◠apparently likely to be more and more burthensom unto the King notwithstanding such Annuities Pensions and Grants of Lands annexed to the Crown of great value which the said Duke hath procured for those his Kindred to support these their Dignities XII He the said Duke 〈◊〉 contented with the great Advancement formerly received from the late King of famous memory by his procurement and practice in the Fourteenth year of the said King for the support of the many Places Honors and Dignities conferred on him did obtain a grant of divers Manors Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings halfpenny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the sum of Seven hundred forty seven pounds thirteen shillings four pence was rated at Two and thirty thousand pounds but in truth of a far greater value And likewise in the Sixteenth year of the same Kings reign did procure divers other Manors annexed to the Crown of the yearly value at the old Rent of Twelve hundred pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great favour procured divers unusual Clauses to be inserted viz. that no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the particulars upon which those Lands were rated whereby a president hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Soveraign Lord the King that now is to an exceeding great value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the value of Seven hundred twenty three pounds eighteen shillings and two pence half-penny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained grants of the same to pass from his late Majesty to several persons of this Kingdom and hath caused Tallies to be stricken for the money being the consideration mentioned in those Grants in the Receipt of the Exchequer as if any such monies had really come to his Majesties Coffers whereas the Duke or some other by his appointment hath indeed received the same sums and expended them upon his own occasions And notwithstanding the great and inestimable gain by him made by the sale of Offices Honors and by other Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensom to his Majesties Realms both of England and Ireland The said Duke hath likewise by his procurement and practise received into his hands and disbursed to his own use exceeding great sums that were the monies of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the payment of great sums to persons by his named causing it to be recited in such Privy-seals as if those sums were directed for secret Services concerning the State which were notwithstanding disposed of to his own use and other Privy-seals by him have been procured for the discharge of those Persons without accompt and by the like fraud and practice under colour of free gifts from his Majesty he hath gotten into
said Drink or Potion to his said late Majesty who thereupon at the same times within the seasons in that behalf prohibited by his Majesties Physitians as aforesaid did by the means and procurement of the said Duke drink and take divers quantities of the said Drink or Potion After which said Plaisters and Drink or Potion applied and given unto and taken and received by his said Majesty as aforesaid great distempers and divers ill symptoms appeared upon his said Majesty insomuch That the said Physitians finding his Majesty the next morning much worse in the estate of his health and holding a Consultation thereabout did by joynt consent send to the said Duke praying him not to adventure to minister to his Majesty any more Physick without their allowance and approbation And his said Majesty himself finding himself much diseased and affected with pain and sickness after his then fit when by the course of his Disease he expected intermission and ease did attribute the cause of such his trouble unto the said Plaister and Drink which the said Duke had so given and caused to be administred unto him Which said adventrous act by a person obliged in duty and thankfulness done to the Person of so great a King after so ill success of the like formerly administred contrary to such Directions as aforesaid and accompanied with so unhappy event to the great grief and discomfort of all his Majesties Subjects in general is an Offence and Misdemeanor of so high a nature as may justly be called and is by the said Commons deemed to be an act of transcendent presumption and of dangerous consequence Mr. Wandesford deputed to enlarge and aggravate upon the Thirteenth Article commended the charity and providence of that Law which makes it penal for unskilful Empyricks and all others to exercise and practice Physick upon common persons without a lawful Calling and Approbation branding them that thus transgress as Improbos Ambitiosos Temerarios Audaces homines But he that without skill and calling shall direct a Medicine which upon the same person had wrought bad effects enough to have disswaded a second adventure and then when Physitians were present Physitians selected for Learning and Art prepared by their Office and Oaths without their consent nay even contrary to their Direction and in a time unseasonable He must needs said he be guilty albeit towards a common person of a precipitate and unadvised rashness much more towards his own Soveraign And so pious are our selves to put the Subjects in minde of their duty towards their Princes Persons so Sacred that in the attempt of a Madman upon the King his want of Reason which towards any of his fellow Subjects might have quit him of Felony shall not excuse him of Treason And how wary and advised our Ancestors have been not to apply things in this kinde to the Person of a King may appear by a President 32 Hen 6. where Iohn Arundel and others the Kings Physitians and Chirurgeons thought it not safe for them to administer any thing to the Kings Person without the assent of the Privy Council first obtained and express Licence under the Great Seal of England This Medicine found his Majesty in the declination of his desease and we all wish it had left him so but his better days were shortly turned into worse and instead of health and recovery we hear by good testimony that which troubles the poor and loyal Commons of England of great distempers as Droughts Raving Fainting an intermitting Pulse strange effects to follow upon the applying of a Treacle Plaister But the truth is Testimony tells us That this Plaister had a strange smell and an invective quality striking the malignity of the disease inward which Nature otherwise might have expelled outward Adde to this the Drink twice given to his Majesty by the Duke his own hands and a third time refused and the following Complaint of that blessed Prince the Physitians telling him to please him for the time That his second impairment was from cold taken or some other ordinary cause No no said his Majesty it is that which I had from Buckingham And though there be no President said he of an act offered to the Person of a King so insolent as this yet is it true that divers persons as great as this have been questioned and condemned for less offences against the Person of their Soveraign It was an Article amongst others laid against the Duke of Somerset for carrying Edward the Sixth away in the night time out of his own head but from Hampton Court to Windsor and yet he was trusted with the Protection of his person Presidents failing us in this point the Common Law will supply us The Law judgeth a deed done in the execution of an unlawful act Man-slaughter which otherwise would but have been Chance-medley and that this act was unlawful the House of Commons do believe as belonging to the Duty and Vocation of a sworn and experimented Physitian and not the unskilfulness of a yong Lord. And so pretious are the lives of men in the Eye of the Law that though Mr. Stanford saith If a Physitian take one into his Cure and he die under his hands it is not Felony because he did it not Feloniously Yet it is Mr. Bractons opinion That if one that is no Physitian or Chirurgeon undertake a Cure and the party die under his hands this is Felony And the Law goeth further making Physitians and Chirurgeons themselves accomptable for the Death of their Patients if it appear they have transgressed the Rules of their own Art that is by undertaking a thing wherein they have no experience or having yet failed in the care and diligence Lastly He said he was commanded by the House of Commons to desire their Lordships That seeing the Duke hath made himself a President in committing that which former Ages knew not their Lordships will out of their Wisdom and Justice make him an example for the time to come The several Articles being thus enlarged and aggravated by the said respective Members Sir Iohn Elliot was appointed to make the Epilogue to the Impeachment who spake thus My Lords YOur Lordships have heard in the Labors of these two days spent in this Service a Representation from the Knights Citizens and Burgesses of the Commons House of Parliament of their Apprehension of the present Evils and dangers of this Kingdom of the Causes of the same and of the Application of them to the Duke of Buckingham so clearly and fully as I presume your Lordships expect I should rather conclude then adde any thing to his charge Your Lordships have heard how his Ambition was expressed in procuring and getting into his hands the greatest Offices of strength and power of this Kingdom by what means he had attained them and how Money stood for Merit There needs no Argument to prove this but the common sense of the Miseries and Misfortunes which we suffer
Judgment and Execution of such Offenders as in time of War and some were executed by those Commissions Nevertheless the Soldiers brake out into great disorders they mastered the people disturbed the peace of Families and the Civil Government of the Land there were frequent Robberies Burglaries Rapes Rapines Murthers and Barbarous Cruelties Unto some places they were sent for a punishment and where ever they came there was a general outcry The High-ways were dangerous and the Markets unfrequented they were a terror to all and an undoing to many Divers Lords of the Council were appointed to repair into their several Countreys for the advancement of the Loan and were ordered to carry a List of the names as well of the Nobility and Privy Counsellors as of the Judges and Serjeants at Law that had subscribed to lend or sent in money for the Publick service to be a Patern and leading Example to the whole Nation But Sir Randolph Crew shewing no zeal for the advancing thereof was then removed from his place of Lord Chief Justice and Sir Nicholas Hide succeeded in his room A person who for his parts and abilities was thought worthy of that preferment yet nevertheless came to the same with a prejudice coming in the place of one so well beloved and so suddenly removed but more especially by reason the Duke appeared in his advancement to express a grateful Acknowledgment to that Knight for the care and pains he took in drawing the Dukes Answer to the Impeachment in Parliament against him This business of the Loan occasioned a Complaint to the Lords of the Council against the Bishop of Lincoln for publickly speaking words concerning it which was conceived to be against the King and Government Whereupon Sir Iohn Lamb and Dr. Sibthorpe informed the Council to this purpose That many were grieved to see the Bishop of Lincoln give place to unconformable Ministers when he turned his back to those that were conformable and how the Puritans ruled all with him and that divers Puritans in Leicestershire being Convented his Lordship would not admit proceedings to be had against them That Dr. Sibthorpe being desired to stay at Leicester this year as Commissary for the High Commission there the Countrey being much over-spread with Puritanism Sir Iohn Lamb and the said Doctor did inform the Bishop of Lincoln then at Bugden what Factious Puritans there were in the County who would not come up to the Table to receive the Communion kneeling and that there were unlawful Fasts and Meetings kept in the County and one Fast that held from nine in the Forenoon till eight at night and that Collections for moneys were made without Authority upon pretence for the Palatinate And therefore they desired leave from the Bishop to proceed against those Puritans Ex Officio The said Bishop replied He would not meddle against the Puritans for his part he expected not another Bishoprick they might complain of them if they would to the Council Table for he was under a Cloud already and he had the Duke of Buckingham for his Enemy and he would not draw the Puritans upon him for he was sure they would carry all things at last Besides he said the King in the First year of his Reign had given Answer to a Petition of the Lower House in favor of the Puritans It appeared also by the Information of others who were present at the Conference at Bugden That Sir Iohn Lamb and Dr. Sibthorpe did notwithstanding the Bishops aversness again press the Bishop to proceed against the Puritans in Leicestershire the Bishop then asked them what manner of people they were and of what condition For his part he knew of none To which Sir Iohn Lamb replied Dr. Sibthorpe being present That they seem to the World to be such as would not Swear Whore nor Drink but yet would Lie Cozen and Deceive That they would frequently hear two Sermons a day and repeat the same again too and afterwards pray and sometimes fast all day long Then the Bishop asked whether those places where those Puritans were did lend money freely upon the Collection of the Loan To which Sir Iohn Lamb and Dr. Sibthorpe replied That they did generally resolve to lend freely Then said the Bishop no man of discretion can say That that place is a place of Puritans For my part said the Bishop I am not satisfied to give way to proceedings against them At which Dr. Sibthorpe was much discontented and said He was troubled to see that the Church was no better regarded These Informations being transmitted to the Council Table were ordered to be sealed up and committed to the Custody of Mr. Trumbal one of the Clerks of the Council nevertheless the Bishop of Lincoln used such means as he got a Copy of them For which and some other matters an Information was afterwards preferred against him in the Star-Chamber Of which more at large when we come in our next Volume to treat of the great and high proceedings of that Court. Bishop Laud not long before this Passage with the Bishop of Lincoln was informed That the Bishop of Lincoln endeavored to be reconciled to the Duke and that night that he was so informed he dreamed That the Bishop of Lincoln came with Iron Chains but returned freed from them That he leaped upon a Horse departed and he could not overtake him The Interpretation of this Dream may not unfitly be thus applied His Chains might signifie the imprisonment of the Bishop of Lincoln afterwards in the Tower his returning free to his being set at Liberty again at the meeting of the Parliament his leaping on Hors-back and departing to his going into Wales and there commanding a Troop in the Parliaments Service and that Bishop Laud could not overtake him might portend that himself should become a Prisoner in the same place and be rendred thereby incapable to follow much less to overtake him At this time the King had Six thousand Foot Soldiers in the Service of the United Provinces under the Command of Sir Charls Morgan Sir Edward Herbert Sir Iohn Burlacy Sir Iames Leviston c. for the assistance of the States against the increasing power of Spinola Upon the present occasion these Forces were called off from the States services to joyn with the King of Denmark under the Command of Sir Charls Morgan against the common enemy the King of Spain and his adherents Some few moneths after One thousand three hundred foot more were embarqued at Hull to be transported by Captain Conisby to the Town of Stoad in Germany and there to be delivered over to the charge of the aforesaid Sir Charls Morgan General of the English Forces in the service of the King of Denmark a person of known Valor and fit for conduct of an Army But the Assessment of the general Loan did not pass currantly with the people for divers persons refused to subscribe their names
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-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
his person that the body of a man was not liable to be arrested or imprisoned for any other Cause at the Common-Law but for force and things done against the Peace For the Common-Law being the preserver of the Land so abhorreth force that those that commit it she accounteth her capital Enemies and therefore did subject their bodies to imprisonment But by the Statute of Marlebridge cap. 24. which was made 35 H. 3. who was the eighth King from the Conquest because Bailiffs would not render accompts to their Lords it was enacted that their bodies should be attatched And after by the Stat 23 E. 3.17 who was the eleventh King after the Conquest because men made no conscience to pay their Debts it was enacted that their bodies should likewise be attached But before those Statutes no mans body was subject to be taken or imprisoned otherwise then as aforesaid whereby it is evident how much the Common-Law favored the Liberty of the Subject and protected his body from imprisonment Here he enforced the Reason by a Rule in Law and mentioned some Cases in Law upon that rule and so proceeded to a second Reason drawn by an Argument à majore ad minus I frame it thus said he If the King have no absolute power over our Lands or Goods then à fortiori not over our Persons to imprison them without declaring the cause for our persons are much more worth then either Lands or Goods which is proved by what I have said already And Christ himself makes it clear where he saith An non est corpus supra vestimentum Is not the Body of more worth then the Raiment Nay I may well say that almost every leaf and page of all the Volumes of our Common-Law prove this right of Propriety this distinction of meum and tuum as well between King and Subject as one Subject and another And therefore my conclusion follows that if the Prerogative extend not neither to Lands nor to Goods then à fortiori not to the Person which is more worth then either Lands or Goods as I said And yet I agree that by the very Law of Nature service of the Person of the Subject is due to his Soveraign but this must be in such things which â—re not against the Law of Nature but to have the body imprisoned without any cause declared and so to become in bondage I am sure is contrary unto and against the Law of Nature and therefore not to be inforced by the Soveraign upon his Subjects 3. My next Reason is drawn ab inutili incommodo for the Statute de frangentibus prisonám made 1 E. 2. is Quod nullus qui prisonam fregerit subeat judicium vitae vel membrorum pro fractione prisonae tantum nisi causa pro qua captus imprisonetur tale judicium requirat whence this conclusion is clearly gathered that if a man be committed to prison without declaring what cause and then if either Malefactor do break the Prison or the Gaoler suffer him to escape albeit the Prisoner so escaping had committed crimen laesae Majestatis yet neither the Gaoler nor any other that procured his escape by the Law suffer any corporal punishment for setting him at large which if admitted might prove in consequence a matter of great danger to the Commonwealth 4. My next Reason is drawn ab regis honore from that great Honor the Law doth attribute unto Soveraign Majesty and therefore the rule of Law is that Solum Rex hoc non potest facere quod non potest justè agere And Hussey chief Justice 1 H. 7. saith that Sir Iohn Markham told King E. 4. he could not arrest a man either for Treason or Felony as a Subject might because that if the King did wrong the party could not have an Action against him and if the Kings Writ under his Great-Seal cannot imprison the Subject unless it contains the cause shall then the Kings Warrant otherwise do it without containing the cause that his Judge upon the return thereof may likewise judge of the same But I will conclude with that which I finde reported of Sir Iohn Davis who was the Kings Serjeant and so by the duty of his place would no doubt maintain to his uttermost the Prerogatives of the King his Royal Master And yet it was by him thus said in those Reports of his upon the Case of Tavistry-Customs That the Kings of England alwayes have had a Monarchy Royal and not a Monarchy Seignoral where under the first saith he The Subjects are Freemen and have Propriety in their Goods and Free-hold and Inheritance in their Lands But under the later they are as Villains and Slaves and have propriety in nothing And therefore said he When a Royal Monarch makes a new conquest yet if he receives any of the Nations ancient Inhabitants into his Protection they and their heirs after them shall enjoy their Lands and Liberties according to the Law And there he vouched this President and Judgment following given before William the Conqueror viz. That one Sherborn a Saxon at the time of the Conquest being owner of a Castle and Lands in Norfolk the Conqueror gave the same to one Warren a Norman and Sherborn dying the heir claiming the same by discent according to the Law it was before the Conqueror himself adjudged for the heir and that the gift thereof by the Conqueror was void Upon this and other Arguments made in this Case of the Habeas Corpus the House referred the whole Business to a Committee to examine all the Proceeding Concerning which Mr Selden afterward made report to the House that Mr Waterhouse a Clerk in the Crown Office being examined before the Committee did confess that by direction from Sir Robert Heath the Kings Attorney-General he did write the draught of a Judgement in the Case before mentioned which was delivered to Mr Attorney And Mr Keeling being examined before the Committee did confess that after Mich Tâ—â—m last the Attorney General wished him to make a special Entry of 〈◊〉 Habeas Corpus To which he answered he knew no special Entry in those Cases but onely a remittitur But said to Mr Attorney that if he pleased to draw one and the Court afterwards assent to it he would then enter it The Attorney did accordingly make a draught and the Copy thereof Mr Keeling produced to the Committee And further said that he carried this draught to the Judges but they would not assent to a special Entry Nevertheless the At. General divers times sent to him and told him there was no remedy but he must enter it Yet a week before the Parliament the Att. General called for the draught again which accordingly he gave unto him and never heard of it more Sir Robert Philips upon this Report gave his opinion That this intended Judgement in the Habeas Corpus was a draught made by some man that desired to strike us all from our Liberties but
read in the success 3. Witness the last voyage to Rotchel which needs no observation and is fresh in memory 4. Head is the ignorance and corruption of our Ministers Survey the Court survey the Countrey the Church the City the Bar the Bench the Courts the Shipping the Land the Seas all will yield variety of proofs The Exchequer is empty the reputation thereof gone the ancient Lands are sold the Jewels pawn'd the Plate ingaged the debt still great almost all charges both extraordinary and ordinary by Projects 5. The oppression of the Subject it needs no demonstration the whole Kingdom is a proof and that oppression speaks the exhausting of our treasures what waste of our Provisions what consumption of our Ships what destruction of our men have been witness the voyage to Algier witness that of Mansfield witness that to Cales witness the next witness that to Ree witness the last witness the Palatinate witness the Turks witness the Dunkirks witness all we were never so much weakned nor had less hopes how to be restored These Mr. Speaker are our dangers these are they do threaten us and those are like that Trojan Horse brought in cunningly to surprize us in these do lurk the strongest of our enemies ready to issue on us and if we do not now the more speedily expel them these are the sign the invitation to others These will prepare their entrance that we shall have no means left of refuge or defence for if we have these enemies at home how can we strive with those that are abroad if we be free from these no other can impeach us Our ancient English vertue that old Spartan valor cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficiency of Generals incorruption of Officers opulency in the King Liberty in the People repletion in Treasures restitution of Provisions reparation of Ships preservation of Men Our ancient English vertue thus rectified I say will secure us and unless there be a speedy reformation in these I know not what hopes or expectations we may have These things Sir I shall desire to have taken into consideration that as we are the great Councel of the Kingdom and have the apprehension of these dangers we may truly represent them unto the King wherein I conceive we are bound by a treble Obligation of duty unto God of duty to his Majesty and of duty to our Countrey And therefore I wish it may so stand with the Wisdom and Judgement of the House that they may be drawn into the body of a Remonstrance and therein all humbly expressed with a Prayer unto his Majesty for the safety of himself and for the safety of the Kingdom and for the safety of Religion That he will be pleased to give us time to make perfect inquisition thereof or to take them into his own Wisdom and there give them such timely reformation as the necessity of the Cause and his Justice doth import And thus Sir with a large affection and loyalty to his Majesty and with a firm duty and service to my Countrey I have suddenly and it may be with some disorder expressed the weak apprehension I have wherein if I have erred I humbly crave your pardon and so submit to the censure of the House IT seemed to others not sutable to the wisdom of the House in that conjuncture to begin to recapitulate those misfortunes which were now obvious to all accounting it more discretion not to look back but forward and since the King was so near to meet him that the happiness expected might not be lost and these were for petitioning his Majesty for a fuller Answer IT was intimated by Sir Henry Martin that this Speech of Sir Iohn Elliot was suggested from disaffection to his Majesty and there wanted not some who said it was made out of some distrust of his Majesties Answer to the Petition but Sir Iohn Elliot protested the contrary and that himself and others had a resolution to open these last mentioned Grievances to satisfie his Majesty therein onely they stayed for an opportunity Which averment of Sir Iohn Elliots was attested by Sir Thomas Wentworth and Sir Robert Phillips WHilst Sir Iohn Elliot was speaking an interruption was made by Sir Humphrey May expressing a dislike but he was commanded by the Commons to go on and being afterward questioned for a Passage in that Speech viz. That some actions seemed to be but conceptions of Spain he explained himself That in respect of the affairs of Denmark the ingagement of that unfortunate accident of Ree he conceived was a conception of Spain rather then to have any motion from our Councel here IN this Debate Sir Edward Cook propounded That an humble Remonstrance be presented to his Majesty touching the dangers and means of safety of King and Kingdom which Resolution was taken by the House and thereupon they turned themselves into a Grand Committee and the Committee for the Bill of Subsidies was ordered to expedite the said Remonstrance A Message was brought from the King by the Speaker THat his Majesty having upon the Petition exhibited by both Houses given an Answer full of Justice and Grace for which we and our posterity have just cause to bless his Majesty it is now time to grow to a conclusion of a Session and therefore his Majesty thinks fit to let you know That as he doth resolve to abide by that Answer without further change or alteration so he will Royally and Really perform unto you what he hath thereby promised and further That he resolves to end this Session upon Wednesday the 11 of this Moneth and therefore wisheth that the House will seriously attend these businesses which may best bring the Session to a happy conclusion without entertaining new matters and so husband the time that his Majesty may with the more comfort bring us speedily together again at which time if there be any further Grievances not contained or expressed in the Petition they may be more maturely considered then the time will now permit After the reading of this Message the House proceeded with a Declaration against Doctor Manwaring which was the same day presented to the Lords at a Conference betwixt the Committees of both Houses of Parliament and Mr. Pimm was appointed by the House of Commons to manage that Conference The Declaration of the Commons against Dr. Manwaring Clerke and Doctor in Divinity FOr the more effectual prevention of the apparent ruine and destruction of this Kingdom which must necessarily ensue if the good and fundamental Laws and Customs therein established should be brought into contempt and violated and that form of Government thereby altered by which it hath been so long maintained in peace and happiness and to the Honor of our soveraign Lord the King and for the preservation of his Crown and Dignity The Commons in this present Parliament assembled do by this their
being stopped and stopped in such maner as we are enjoyned so we must now leave to be a Councel I hear this with that grief as the saddest Message of the greatest loss in the world but let us still be wise be humble let us make a fair Declaration to the King OUr sins are so exceeding great said Sir Iohn Elliot that unless we speedily return to God God will remove himself further from us ye know with what affection and integrity we have proceeded hitherto to have gained his Majesties heart and out of a necessity of our duty were brought to that course we were in I doubt a misrepresentation to his Majesty hath drawn this mark of his displeasure upon us I observe in the Message amongst other sad particulars it is conceived that we were about to lay some aspersions on the Government give me leave to protest That so clear were our intentions that we desire onely to vindicate those dishonors to our King and Countrey c. It is said also as if we cast some aspersions on his Majesties Ministers I am confident no Minister how dear soever can Here the Speaker started up from the seat of the Chair apprehending Sir Iohn Elliot intended to fall upon the Duke and some of the Ministers of State said There is a command laid upon me that I must command you not to proceed whereupon Sir Iohn Elliot sat down I Am as much grieved as ever said Sir Dudley Diggs Must we not proceed let us sit in silence we are miserable we know not what to do Hereupon there was a sad silence in the House for a while which was broken by Sir Nathaniel Rich in these words WE must now speak or for ever hold our peace for us to be silent when King and Kingdom are in this calamity is not fit The question is Whether we shall secure our selves by silence yea or no I know it is more for our own security but it is not for the security of those for whom we serve let us think on them some instruments desire a change we fear his Majesties safety and the safety of the Kingdom I do not say we now see it and shall we now sit still and do nothing and so be scattered Let us go together to the Lords and shew our dangers that we may then go to the King together Others said That the Speech lately spoken by Sir Iohn Elliot had given offence as they feared to his Majesty WHereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and Ordered That the House be turned into a Committee to consider what is fit to be done for the safety of the Kingdom and that no man go out upon pain of going to the Tower But before the Speaker left the Chair he desired leave to go forth and the House ordered that he may go forth if he please And the House was hereupon turned into a grand Committee Mr. Whitby in the Chair I Am as full of grief as others said Mr. Wandesford let us recollect our English hearts and not sit still but do our duties two ways are propounded To go to the Lords or to the King I think it is fit we go to the King for this doth concern our Liberties and let us not fear to make a Remonstrance of our rights we are his Counsellors there are some men which call evill good and good evil and bitter sweet Justice is now called Popularity and Faction THen Sir Edw. Cook spake freely We have dealt with that duty and moderation that never was the like Rebus sic stantibus after such a violation of the Liberties of the Subject let us take this to heart In 30. E. 3. were they then in doubt in Parliament to name men that misled the King they accused Iohn de Gaunt the Kings Son and Lord Latimer and Lord Nevel for misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our tongues how shall we answer our duties to God and men 7. H. 4. Parl. Rot. numb 31 32.11 H. 4. numb 13. there the Councel are complained of and are removed from the King they mewed up the King and disswaded him from the Common Good and why are we now retrived from that way we were in why may we not name those that are the Cause of all our evils In 4. H. 3. 27. E. 3. 13. R. 2. the Parliament moderateth the Kings prerogative and nothing grows to abuse but this House hath power to treat of it What shall we do let us palliate no longer if we do God will not prosper us I think the Duke of Buckingham is the cause of all our miseries and till the King be informed thereof we shall never go out with honour or sit with honour here that man is the Grievance of Grievances let us set down the causes of all our dysasters and all will reflect upon him As for going to the Lords that is not via Regia our Liberties are now impeached we are concerned it is not via Regia the Lords are not participant with our Liberties Mr. Selden advised that a Declaration be drawn under four heads 1. To express the Houses dutiful carriage towards his Majesty 2. To tender their Liberties that are violated 3. To present what the purpose of the House was to have dealt in 4. That that great Person viz. the Duke fearing himself to be questioned did interpose and cause this distraction All this time said he we have cast a mantle on what was done last Parliament but now being driven again to look on that man let us proceed with that which was then well begun and let the Charge be renewed that was last Parliament against him to which he made an Answer but the particulars were sufficient that we might demand judgement on that Answer onely IN conclusion the House agreed upon several heads concerning innovation in Religion the safety of the King and Kingdom misgovernment misfortune of our late designs with the causes of them And whilest it was moving to be put to the question that the Duke of Buckingham shall be instanced to be the chief and principal cause of all those evils the Speaker who after he had leave to go forth went privately to the King brought this Message THat his Majesty commands for the present they adjourn the House till to morrow morning and that all Committees cease in the mean time And the House was accordingly adjourned AT the same time the King sent for the Lord Keeper to attend him presently the House of Lords was adjourned ad libitum the Lord Keeper being returned and the House resumed his Lordship signified his Majesties desire that the House and all Committees be adjourned till to morrow morning AFter this Message was delivered the Lords
called to the Councel-board at Hampton Court about some things which were complained of in reference to the Customs did then and there in an insolent manner in the presence or hearing of the Lords and others of his Majesties Privy Council then sitting in Counsel utter these undutiful seditious and false words That the Merchants are in no part of the World so skrewed and wrung as in England That in Turky they have more incouragement By which words he the said Richard Chambers as the Information setteth forth did endeavor to alienate the good affection of his Majesties Subjects from his Majesty and to bring a slander upon his just Government and therefore the Kings Attorney prayed process against him To this Mr. Chambers made answer That having a Case of silk Grogerams brought from Bristol by a Carrier to London of the value of 400. l. the same were by some inferior Officers attending on the Custome-house seized without this Defendants consent notwithstanding he offered to give security to pay such Customs as should be due by Law and that he hath been otherwise grieved and damnified by the injurious dealing of the under-Officers of the Custome-house and mentioned the particulars wherein and that being called before the Lords of the Council he confesseth that out of the great sence which he had of the injuries done him by the said inferior Officers he did utter these words That the Merchants in England were more wrung and screwed then in forreign Parts Which words were onely spoken in the presence of the Privy-Council and not spoken abroad to stir up any discord among the people and not spoken with any disloyal thought at that time of his Majesties Government but onely intending by these words to introduce his just Complaint against the wrongs and injuries he had sustained by the inferiour Officers and that as soon as he heard a hard construction was given of his words he endeavoured by petition to the Lords of the Council humbly to explain his meaning that he had not the least evil thought as to his Majesties Government yet was not permitted to be heard but presently sent away prisoner to the Marshalsea and when he was there a prisoner he did again endeavour by petition to give satisfaction to the Lords of the Council but they would not be pleased to accept of his faithful explanation which he now makes unto this honourable Court upon his Oath and doth profess from the bottom of his heart That his speeches onely aimed at the abuses of the inferiour Officers who in many things dealt most cruelly with him and other Merchants There were two of the Clerks of the Privy-Council examined as Witnesses to prove the words notwithstanding the Defendant confessed the words in his Answer as aforesaid who proved the words as laid in the Information And on the sixth of May 1629. the Cause came to be heard in the Star-Chamber and the Court were of opinion that the words spoken were a comparing of his Majesties Government with the Government of the Turks intending thereby to make the people believe that his Majesties happy Government may be tearmed Turkish Tyranny and therefore the Court fined the said Mr. Chambers in the sum of 2000 l. to his Majesties use and to stand committed to the prison of the Fleet and to make submission for his great offence both at the Council-board in Court of Star-Chamber and at the Royal Exchange There was a great difference of opinion in the Court about the Fine and because it is a remarkable Case here followeth the names of each several person who gave sentence and the Fine they concluded upon viz. Sir Francis Cottington Chancellour of the Exchequer his opinion was for 500 l. Fine to the King and to acknowledge his offence at the Council-board the Star-Chamber-Bar and Exchange Sir Tho. Richardson Lord chief Justice of the common pleas 500 l. Fine to the King and to desire the Kings favour Sir Nicholas Hide Lord chief Justice of the Kings Bench 500 l. and to desire the Kings favour Sir Iohn Cook Secretary of State 1000 l. Sir Humphry May Chancellour 1500 l. Sir Thomas Edmons 2000 l. Sir Edward Barret 2000 l. Doctor Neal Bishop of Winchester 3000 l. Doctor Laud Bishop of London 3000 l. Lord Carlton principal Secretary of State 3000 l. Lord Chancellour of Scotland 2000 l. Earl of Holland 1500 l. Earl of Doncaster 1500 l. Earl of Salisbury 1500 l. Earl of Dorset 3000 l. Earl of Suffolk 3000 l. Earl of Mountgomery Lord Chamberlain 1500 l. Earl of Arundel Lord High Marshal 3000 l. Lord Montague Lord Privy Seal 3000 l. Lord Connoway 2000 l. Lord Weston Lord Treasurer 3000 l. Lord Coventry Lord Keeper of the Great Seal 1500 l. So the fine was setled to 2000 l. And all except the two Chief Justices concurred for a submission also to be made And accordingly the copy of the submission was sent to the Warden of the Fleet from Mr. Atturny General to shew the said Richard Chambers to perform and acknowledg it and was as followeth I Richard Chambers of London Merchant do humby acknowledge that whereas upon an Information exhibited against me by the Kings Atturney General I was in Easter Term last sentenced by the Honourable Court of Star-Chamber for that in September last 1628. being convented before the Lords and others of his Majesties most Honourable Privy-Council Board upon some speeches then used concerning the Merchants of this Kingdom and his Majesties well and gracious usage of them did then and there in insolent contemptuous and seditious manner falsly and maliciously say and affirm That they meaning the Merchants are in no parts of the world so skrewed and wrung as in England and that in Turky they have more incouragement And whereas by the sentence of that Honorable Court I was adjudged among other punishments justly imposed upon me to make my humble acknowledgment and submission of this great offence at this Honorable Board before I should be delivered out of the Prison of the Fleet whereto I was then committed as by the said Decree and Sentence of that Court among other things it doth and may appear Now I the said Richard Chambers in obedience to the Sentence of the said Honorable Court do humbly confess and acknowledg the speaking of these words aforesaid for the which I was so charged and am heartily sorry for the same and do humbly beseech your Lordships all to be Honorable intercessors for me to his Majesty that he would be graciously pleased to pardon that graet error and fault so committed by me When Mr. Chambers read this draught of submission he thus subscribed the same All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never to death will acknowledge any part thereof Rich. Chambers Also he under-writ these Texts of Scripture to the said Submission before he returned it That make a man an offender
and condition he died in Summer 1658. being about the age of seventy years Trinity 5. Car. Banco Regis The first day of this Term upon a Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of Iohn Selden Esq with the cause of Detencer he returned the same cause as was in Mr. Stroods Case And Mr. Littleton of the Inner-Temple of Counsel with Mr. Selden moved that the Return was insufficient in substance therefore pray'd that he might be bayled and said that it was a matter of great consequence both to the Crown of the King and to the Liberty of the Subject But as for the difficulty of Law contained in it he said under favour the Case cannot be said Grand And so proceeded to his Argument which for the Reasons before mentioned we have postponed and concluded that the Prisoner ought to be bailed The same day Sir Miles Hubbord Benjamin Valentine Denzil Holles Esq were at the Bar upon the Habeas Corpus directed to several Prisons And their Counsel were ready at the Bar to have argued the Case for them also But because the same Return was made for them as for Mr. Selden they all Declared they would rely on this Argument made by Mr. Littleton Some few days after Sir Robert Heath the Kings Atturney General argued that this Return was good and that Mr. Selden and the rest of the parties ought not to be bailed and that within the Return there appears good cause of their commitment and of their detaining also He said The Case is great in expectation consequence and concerns the Liberty of the Subject on one part whereof the Argument is plausible and on the other part it concerns the safety and Soveraignty of the King which he said is a thing of greater weight and that the consideration of both pertains to you the Judges without flighting the one or too much elevating the other and so proceeded to his Argument of which more at large hereafter and concluded that the Prisoners ought to be remanded When the Court was ready to have delivered their opinions in this great business the Prisoners were not brought to the Bar according to the Rule of the Court. Therefore Proclamation was made for the keepers of the several Prisons to bring in their Prisoners but none of them appeared but the Marshal of the Kings Bench who informed the Court that Mr. Strood who 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 for each of them was removed out of his prison in which he was before But notwithstanding it was pray'd by the Counsel for the Prisoners that the Court would deliver their opinion as to the matter in Law but the Court refused to do that because it was to no purpose for the Prisoners being absent they could not be bailed delivered or remanded The evening before there came a Letter to the Judges of this Court from the King himself informing the Court with the Reasons wherefore the Prisoners were not suffered to come at the day appointed for the resolution of the Judges These were the words of the Letter To our Trusty and welbeloved Our Chief Justice and the rest of Our Justices of Our Bench. C. R. TRusty and welbeloved we Greet you well Whereas by our special commandment we have lately removed Sir Miles Hubard Walter Long and William Stroud from the several prisons where they were formerly committed and have now sent them to our Tower of London understanding there are various constructions made thereof according to the several apprehensions of those who discourse of it as if we had done it to decline the course of Iustice We have therefore thought fit to let you know the true Reason and occasion thereof as also why we commanded those and the other Prisoners should not come before you the last day We having heard how most of them a while since did carry themselves insolently and unmannerly both towards us and your Lordships were and are very sensible thereof and though we hear your selves gave them some admonition for that miscariage yet we could not but resent our Honour and the Honour of so great a Court of Iustice so far as to let the world know how much we dislike the same And having understood that your Lordships and the rest of our Iudges and Barons of our Court of Common Pleas and Exchequer whose advices and judgments we have desired in this great business so much concerning our Government have not yet resolved the main Question we did not think the presence of those Prisoners necessary and until we should find their temper and discretions to be such as may deserve it we were not willing to afford them favour Nevertheless the respect we bear to the proceedings of that Court hath caused us to give way that Selden and Valentine should attend you tomorrow they being sufficient to appear before you since you cannot as yet give any resolute opinion in the main point in Question Given under our Signet at Our Mannor at Greenwich this 24 Iunii in the 5 yeer of our Reign Within three hours after the receit of those Letters other Letters were brought unto the said Judges as followeth To Our trusty and well-beloved Our Chief Justices and the rest of Our Justices of Our Bench. C. R. TRusty and well-beloved we greet you well Whereas by our Letters of this days date we gave you to understand our pleasure That of those prisoners which by our Commandment are kept in our Tower of London Selden and Valentine should be brought tomorrow before you now upon more mature Deliberation we have resolved That all of them shall receive the same treatment and that none shall come before you until we have cause given us to believe they will make a better demonstration of their Modesty and Civility both towards us and your Lordships then at their last appearance they did Given under our Signet at our Mannor at Greenwich this 24 day of Iune in the fifth year of our Reign So the Court this Term delivered no opinion and the imprisoned Gentlemen continued in restraint all the long Vacation Note That in this Term a Habeas Corpus was prayed to the Pursevant of Arms for four Constables of Hertfordshire to whose custody they were committed by the Lords of the Privy-Council and the Habeas Corpus was granted on their behalf but then they were committed to the Custody of other Pursevants and so upon every Habeas Corpus they were removed from Pursevant to Pursevant and could have no fruit of their Habeas Corpus all this Term. There wanted not some who upon the Kings dissolution of this Parliament and his ill success in two former Parliaments did advise that his Majestie for the future might be no more troubled with the impertinencies of Parliaments holding out for example the like
that it is but a Finable offence yet by the said Statute those which are imprisoned for open and notorious naughtinesse shall not be bayled the same naughtinesse is there intended high and exorbitant offence 2. It is fit to restrain the prisoners of their liberty that the Common-wealth be not damnifâ—ed It is lawfull to pull down a house to prevent the spreading mischief of fire it is lawfull to restrain a furious man And by the 14 H. 7. a Iustice of peace may restrain one rout Then the restraint of dangerous men to the Common-wealth is justifiable and necessary 24 E. 3.33 p. 25. Sir Thomas Figet went armed in the Palace which was shewed to the Kings Councell wherefore he was taken and disarmed before the chief Iustice shard and committed to the prison and he could not be bayled till the King sent his pleasure and yet it was shewed that the Lord of T. threatned him Out of which case I observe two things First that the Iudge of this Court did cause a man to be apprehended upon complaint made to the Council that is to the Lords of the Privy Council 2. That although he did nothing he is not mayn-pernable untill the King sent his pleasure because he was armed and furiously disposed So here UUherefore I pray that the Prisoners may be sent back again Davenport argued to the same intent and purpose and therefore I will report his Argument briefly 1. He said That the Return here is sufficient The Counsell on the other side have made fractions of this Return and divided it into severall parts whereas the genuine construction ought to have been made upon the entire Return for no violence ought to be offered to the Text. 7 E. 4.20 In false imprisonment the Defendant did iustifie and alledged severall reasons of his justification to wit because a man was killed and that this was in the County of S. and that the common voice and fame was that the Plaintiff was culpable And this was held a good plea although Bryan did there object That the plea was double or treble and the reason was because twenty causes of suspition make but one entire cause and indivisible unity in this ought not to be divided So C. 8.66 Crogates In an action of trespasse the Defendant justifies for severall causes and held good because upon the matter all of them make but one cause C. 8.117 It is said That it is an unjust thing unlesse the whole Law be looked into to judge and answer by propounding any one particular thereof and if it be unjust in the exposition of a Law it is uncivill in a Return to make fractions of it in the construction thereof especially it being a Return for Information and not for Accusation 2. Although the Counsell on the other side have taken this case to be within the Petition of Right yet this is Petitio principii to take that for granted which is the question in debate He said That he would not offer violence to the Petition of Right to which the King had assented and which shall really be performed But the question here is Whether this Return be within it and the Iudges are keepers not masters of this pledge and it seems that this Return is out of the letter and meaning of the said Statute 3. He said That this was the actuall commitment of the Lords of the Privy Councill and the habituall or virtuall commitment of the King But because upon these two matters he put no case nor gave any reason but what had been put or given in the Argument of the grand Habeas corpus Mich. 3 Caroli and afterwards in the House of Commons which was reported to the Lords in the painted Chamber all which Arguments I heard I have here omitted them And for the great respect which the Law gives to the commands of the King he put these cases 7 H. 3. Attachment of waste against the Tenant in Dower and the waste was assigned in the taking of fish out of a pond and the carrying them away The Defendant pleaded That her second husband by the command of the Lord the King took all the fish out of the said pond to the use of the Lord the King and held a good justification which proves that the command of the King there to her husband excused her of the said waste And yet it is clear that Tenant in Dower is liable to an action of waste for waste done in the time of her second husband But contrary is it where a woman is Tenant for life and took a husband who made waste and dyed no action lies against the wife for that waste And F. N. B. 17. A. If the Tenant in precipe at the grand cape makes default the King may send a UUrit to the Iustices rehearsing that he was in his service c. commanding them that that default be not prejudiciall to him and this command of the King excuseth his default be the cause true or no. 4. For the particulars of the Return it is for notable contempts against the Government But as to that it hath been said that the King hath sundry governments to wit Ecclesiasticall Politicall c. and it is not shewn against which of them This is but a cavilling exception they might as well have excepted to this Return because it is not shewen that these contempts were after the last generall Pardon that had been a better exception The last words of the Return are raising sedition against Us But as to this it hath been said That Seditio is not a word known in the Law and is alwaies taken either Adverbially or Adjectively and is not a Substantive To this he said That although it is not a Substantive for the preservation yet it is a Substantive for the destruction of a Kingdom And he said that he found the word Seditio in the Law and the consequent of it likewise which is seductio populi But it is not ever found to be taken in a good sense it is alwaies ranked and coupled with treason rebellion insurrection or such like as it appears by all those Statutes which have been remembred on the other side Therefore he prayed likewise that the Prisoners might be sent back Trin. 5 Car. B. R. THe first day of the Term upon Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of John Selden Esq with the cause of detention He returned the same cause as above and Littleton of Counsell with him moved that the Return was insufficient in substance therefore he prayed that he might be bayled It is true that it is of great consequence both to the Crown of the King and to the liberty of the Subject But under favour for the difficulty of Law contained in it the case cannot be said Grand In my Argument I will offer nothing to the Court but that which I have seen with these eyes and that which
in tertio Caroli that generall Returns that were committed by the command of the Lord the King are not good and that those Arguments remain as Monuments on record in the Upper House of Parliament but I will not admit them for Law But I will remember what was the opinion of former times 22 H. 6.52 by Newton a man committed by the command of the King is not replevisable And the opinion cannot be intended of a Replevin made by the Sheriff because the principall case there is upon a Return in this Court 33 H. 6.28 Poyning's case where the Return was That he was committed by the Lords of the Councill and it was admitted good It is true that this opinion is grounded upon Westm. 1. cap. 15. but I will not insist upon it But the constant opinion hath alwaies been that a man committed by the command of the King is not baylable In 9 H. 6.44 it is said That if one be taken upon the Kings suit the Court will not grant a Supersedeas The contrary opinion is grounded upon Magna Charta which is a generall Law and literally hath no sense to that purpose and it is contrary to the usuall practise in criminall causes in which the imprisonment is alwaies lawfull untill the tryall although it be made by a Iustice of Peace or Constable And that a man committed by the command of the King or Privy Councill is not baylable he cited 1 Jacobi Sir Brocket's case 8 Jac. Sir Cesar's case 12. Demetrius's case 43 Rinch's case And in the case M. 36 Eliz. and 4 and 5 Thimelby's case And said that there are innumerable presidents to this purpose M. 21 and 22 Eliz. upon the return of an Habeas corpus it appears that Michael Page was committed by the command of the Lord the King but was not delivered and after was arraigned in this Court and lost his hand And at the same time Stubbs was committed by the command of the Lord the King for seditious words and rumors and he lost his hand also upon the same tryall M. 17 and 18. Eliz. Upon Habeas corpus for John Loan it was returned That he was committed for divulging sundry seditious writings and he was remanded And 7 H. 7 roll 6. Rugs case and roll 13. Chase's case where the Return was that they were committed by the command of the Lord the King and they were not delivered and this was also the opinion in this Court M. 3. Car. And after the said time the Law is not altered and so I hope neither are your opinions But to consider the particular cause mentioned in the Return I will not rely upon the first part of the words although they be of great weight but onely upon the last words for stirring up of sedition against Us But it hath been objected that Sedition is not a word known in the Law But I marvell that the signification of the word is not understood when it is joyned with the words agains Us this ought to be understood Sedition against the King in his politick capacity Sedition hath sundry acceptations according to the subject handled as it appears C. 4. Lord Cromwel's case which hath been cited If it be spoken of a man that he is seditious if it be of a company in London it shall be understood sedition in the Company if it be spoken of a Souldier it shall be taken for mutinous Mr. Littleton who argued this case very well said That Tacitus useth this word and it is true and he saies That there are two manners of Seditions Seditio armata togata and the last is more dangerous then the former But couple it with the subsequent words here against Us the interpretation and sense thereof is easie loquendum ut vulgus Mr. Littleton shewes the acceptation of this word in divers places of Scripture and I will not reject them for they make for me 20 Numb 3. the Latine is populi versi sunt in seditionem and it is Englished murmuring but clearly it was high treason against their Governour and God himselfe 26 Numb 9. in seditione Corah it is manifest that that was a great Insurrection 12 Judg. 1. Facta est ergo seditio in Ephraim The Ephramites rose against Jephta and he at the same time was their Iudge and Governour so it was the heighth of Insurrection It is true that in 15 Act. 2. Facta est seditio and in some Translations it is Orta est repughantia non parva for it may be taken in severall senses 19 Acts 40. the Town-Clerk there knew not how to answer for this daies sedition or insurrection and no doubt he was in great perill for it was a great insurrection and I wish the greater ones were as circumspect as he was 24 Act. 5. Tertullus accused Paul of sedition and doubtlesse it was conceived a great offence if you consider the time and other circumstances for they were Heathens and Romans And although he in very truth taught the Gospell of God yet he was taken for a pestilent fellow and as a perswader to shake off Government Bracton lib. 3. de Corona c. 2. rancks Sedition amongst the crimes laesae Majestatis But it hath been objected that if it be a capitall offence it ought to be felony or treason To this I say That it cannot be felony but it may be treason for any thing that appears It is true that by the statute of 25 E. 3. treasons are declared and nothing shall be said treason which is not comprised within the said Statute unlesse it be declared so by Act of Parliament But upon indictment of treason such sedition as this may be given in evidence and perhaps will prove treason And the Return is not That he was seditious which shewes onely an inclination but that he stirred up sedition which may be treason if the evidence will bear it In divers Acts of Parliament notice is taken of this word Seditio and it is alwaies coupled with Insurrection or Rebellion as appears by the Statutes of 5 R. 2. c. 6. 17 R. 2. c. 8. 2 H. 5. c. 9. 8 H. 6. c. 14. 3 4. E. 6. c. 5. 2 R. 2. c. 5. 1 and 2 Phil. Mar. c. 2. 1 Eliz. c. 7. 13 Eliz. c. 2. 23 Eliz. c. 2. 27 Eliz. c. 2. and 35 Eliz. c. 1. all which were cited before and they prove that Sedition is a word well known in the Law and of dangerous consequence and which cannot be expounded in good sense Wherefore the nature of the offence I leave it to the Court But out of these Statutes it appears that there is a narrow difference between it and treason if there be any at all 3 ly As to the Objections which have been made I will give a short answer to them 1. It was objected That every imprisonment is either for custody or punishment the last is alwaies after the judgment given for the offence and if it be but for custody the
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
Articles of Marriage p. 86. The Oath taken by him p. 88. Swears to private Articles p. 88 89. And afterwards findes delays in Spain p. 102. Resolves to depart thence and leave a Proxy with Bristol p. 103. Feasts the Spanish Dons aboard his Ship p. 104. Arrives safe in England ibid. Left private Instructions with Bristol to contradict the Proxy ibid. Attests the Dukes Narrative in Parliament p. 119 Is Proclaimed King p. 169. New swears the old Privy Council ibid. Pursues their Advice p. 170. Puts forth a Proclamation of Government p. 171. Attends in person his Fathers Funeral ibid. Continues the Duke intimately in favor ibid. Levies Soldiers for the Palatinate p. 172. Signs the Articles of Marriage with France ibid. The Marriage solemnised in France p. 173. Sends the Duke of Buckingham into France to attend the Queen into England p. 174. And meets the Queen at Dover ibid. The Marriage consummated at Canterbury ibid. Brings her to London ibid. His first Speech in Parliament p. 175. The Lord Keepers Speech by his direction p. 176. Owns Montague as his servant p. 178. Adjourns the Parliament to Oxford ibid. His Ships employed against Rochel ibid. His Speech at the Parliament in Oxford p. 181. Seconded by the Lord Conway and Secretary Cook p. 182. He Answers the Commons Petition against Recusants p. 185. Sends a Message for supply p. 194. The Commons insisting still upon grievances he dissolves the Parliament p. 195. And follows his design of War ibid. Sends out Privy Seals for money p. 196. Disarms Recusants p. 198. Sends out his Fleet and Army under command of Viscount Wimbleton p. 198 199. Their unsuccessful Voyage p. 200. He now prohibites trade with Spain p. 201. Takes the Seal from Lord Keeper Williams p. 202. Calls a Parliament ibid. Prepares for his Coronation p. 203. Commands all of Forty pound per annum to appear and receive the Order of Knighthood ibid. The manner of his Coronation p. 204. The King is present at the opening of the second Parliament p. 206. And commands the Lord Keeper Coventry to speak what he intended himself to have said ibid. Forbids resort to hear Mass p. 216. The Kings Letter to the Commons to hasten supply p. 218. Seconds it with a Message p. 219. To which the Commons sent an Answer p. 220. The Kings Reply ibid. And sends another Message concerning Mr. Cook and Doctor Turner p. 222. Three Subsidies and three Fifteens Voted to be given him p. 225. And hot Debate against the Duke ibid. Whereupon the King speaks to the Parliament ibid. And refers to the Lord Keeper to speak further p. 225 226 c. And speaks again himself p. 229. His Speech explained by the Duke ibid. Receives a Petition touching Nobility p. 237. His Letter to Bristol p. 241. His Message concerning Bristol p. 243. Receives a Remonstrance from the Commons concerning the Duke p. 247. Adjourns the Parliament for a week p. 250. He is attended by some Bishops concerning the Duke p. 251. Leaves the House at liberty to present the matter concerning the Duke p. 252. His Message on behalf of the Duke against Bristol p. 260. His Speech on behalf of the Duke p. 361. Commits Sir Dudley Diggs and Sir John Elliot p. 362. Releases them p. 364. His Message concerning the Earl of Arundel p. 368. His Answer to the Lords Petition p. 371 372. His further Answer concerning the Earl of Arundel p. 373. Another Message from the King concerning the said Earl p. 374 375. The Earl of Arundel set at liberty p. 375. His Message to the Parliament that they hinder not the Election of the Duke as Chancellor of Cambridge p. 376 377. His Letter to that University on the Dukes behalf p. 378. His Letter to the Speaker concerning Supply p. 394. The Commons Petition him against Recusants p. 395. A Speech made to him by Sir Hennage Finch concerning the Duke p. 401. His Commission to dissolve the Parliament p. 403 The Parliaments Remonstrance to him p. 404 405 c. His Proclamation against the said Remonstrance p. 415. And another against disputing about Arminian Controtroversies p. 416. Causes an Information to be preferred against the Duke p. 417. Prohibites the Book of Bounty ibid. Takes the Forfeiture arising from Recusants ibid. Grants a Commission to compound with Recusants p. 418. His Proclamation to make his Revenue certain ibid. Sends to his Nobles to lend him money ibid. Demands of the City of London the Loan of One hundred thousand pounds p. 419. Requires Port Towns to furnish Ships ibid. Which the Ports in Dorsetshire dispute ibid. The City of London the like and are checked ibid. Issues forth Privy Seals p. 420. Requires inhabitants in Port Towns to repair to their Houses ibid. Sends Ships to the River Elbe ibid. Declares the King of Denmarks overthrow to be one ground of the Loan p. 422. Puts forth a Declaration concerning the Loan ibid. Gives private Instructions concerning the Loan ibid. Grants a Commission for Martial Law p. 423. Displaces Sir Randal Crew about the Loan and makes Sir Nicholas Hide Chief Iustice p. 424. Sends Six thousand English into the Netherlands pag. 425. Makes Sir Charles Morgan General of them ibid. Causes refusers of Loan money to be pressed for Soldiers p. 426. Dissatisfied with the French about the Queen p. 427. and dismisses them p. 428. His Declaration concerning a War with France p. 429. Makes the Duke of Buckingham Admiral and General and gives him a Commission ibid. Secures several Gentlemen for not paying the Loan money p. 433. Grant a Commission to sequester Archbishop Abbot p. 435. Appoints a supply to be sent to the Duke under the Earl of Holland p. 466. A List of the Debt the King owes for Fraights of Ships upon the two Expeditions to Cadize and Rhee p. 470. Calls a Parliament p. 476. Set at liberty the imprisoned Gentlemen about the Loan money p. 477. A List of those Gentry imprisoned by the King about Loan money ibid. His Commission for an Imposition in nature of an Excise considered of p. 478. His Privy Seal to pay Thirty thousand pound for raising of German Horse ibid. His Speech at the opening of the Third Parment p. 480. Lord Keepers Speech by his direction p. 481. The Speakers Speech to him p. 484. Petition to him for a Fast p. 494. His propositions for supply p. 502. His Propositions touching supply again mentioned p. 509. His Answer to the Petition against Recusants p. 511. His Propositions debated p. 525 526. His Message concerning words said to be spoken p. 529. Another Message to secure Liberties by Bill p. 530 531. Subsidies resolved to be presented unto him ibid. The Kings Answer concerning the same ibid. The Dukes Speech concerning the Commons liberal gift to the King ibid. A Message from him against a Recess at Easter p. 543. A Message from the King to hasten supply p. 544. The Speakers Speech unto him at the delivery of the Petition against Billeting
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.
the Queen should commend unto him and make some suit on his behalf That if the Queen afterwards being ill intreated should complain of this Dear one he might make his answer It is long of your self for you were the Party that commended him unto me Our old Master took delight strangely in things of this nature That Noble Queen who now resteth in Heaven knew her Husband well and having been bitten with Favorites both in England and Scotland was very shie to adventure upon this request King Iames in the mean time more and more loathed Somerset and did not much conceal it that his affection increased towards the other But the Queen would not come to it albeit divers Lords whereof some are dead and some yet living did earnestly sollicit her Majesty thereunto When it would not do I was very much moved to put to my helping hand they knowing that Queen Anne was graciously pleased to give me more credit then ordinary which all her Attendants knew she continued to the time of her death I laboured much but could not prevail The Queen oft saying to me My Lord You and the rest of your Friends know not what you do I know your Master better then you all For if this Young man be once brought in the first persons that he will plague must be you that labor for him yea I shall have my part also The King will teach him to despise and hardly intreat us all that he may seem to be beholden to none but himself Noble Queen how like a Prophetess or Oracle did you speak Notwithstanding this we were still instant telling her Majesty that the Change would be for the better For George was of a good nature which the other was not And if he should degenerate yet it would be a long time before he were able to attain to that height of evil which the other had In the end upon importunity Queen Anne condescended and so pressed it with the King that he assented thereunto Which was so stricken while the Iron was hot that in the Queens Bed-chamber the King Knighted him with the Rapier which the Prince did wear And when the King gave order to swear him of the Bed-chamber Somerset who was near importuned the King with a message that he might be only sworne a Groom But my self and others that were at the door sent to her Majesty that she would perfect her work and cause him to be sworne a Gentleman of the Chamber There is a Lord or two living that had a hand in this atchievement I diminish nothing of their praise for so happy a work But I know my own part best and in the word of an honest man I have reported nothing but truth George went in with the King but no sooner he got loose but he came forth unto me into the Privy-gallery and there embraced me He professed that he was so infinitely bound unto me that all his life long he must honor me as his Father And now he did beseech me that I would give him some lessons how â—e should carry himself When he earnestly followed this chace I told him I would give him three short lessons if he would learn them The first was That daily upon his knees he should pray to God to bless the King his Master and to give him George grace studiously to serve and please him The second was That he should do all good offices between the King and the Queen and between the King and the Prince The third was That he should fill his Masters ears with nothing but Truth I made him repeat these three things unto me and then I would have him to acquaint the King with them and so tell me when I met him again what the King said unto him He promised me he would and the morrow after Mr. Tho. Murrey the Princes Tutor and I standing together in the Gallery at Whitehall Sir Geo. Villeirs coming forth and drawing to us he told Mr. Murrey how much he was beholden unto me and that I had given him certain Instructions which I prayed him to rehearse as indifferently well he did before us yea and that he had acquainted the King with them who said They were Instructions worthy of an Archbishop to give to a Young man His countenance of thankfulness for a few days continued but not long either to me or any other his Welwishers The Roman Historian Tacitus hath somewhere a note That benefits while they may be requited seem courtesies but when they are so high that they cannot be repaid they prove matters of hatred Thus to lie by me to quicken my remembrance I have laid down the Cause and the Proceedings of my sending into Kent where I remain at the writing of this Treatise Praying God to bless and guide our King aright To continue the prosperity and welfare of this Kingdom which at this time is shrewdly shaken To send good and worthy men to be Governors of our Church To prosper my mind and body that I may do nothing that may give a wound to my Conscience and then to send me patience quietly to endure whatsoever his Divine Majesty shall be pleased to lay upon me Da quod jubes jube quod vis And in the end to give me such a happy deliverance either in life or death as may be most for his glory and for the wholsom example of others who look much on the Actions and Passions of Men of my Place AMong those many Gentlemen who were imprisoned throughout England for refusing to lend upon the Commission for Loans only Five of them brought their Habeas Corpus viz. Sir Thomas Darnell Sir Iohn Corbet Sir Walter Earl Sir Iohn Heveningham Sir Edward Hampden In Michaelmas Term 3 Caroli a Return was made of their several Commitments To instance only in one all the rest being in the same form The Warden of the Fleet made this Return That Sir Walter Earl Knight named in the Writ is detained in the Prison of the Fleet in his Custody by special Command of the King to him signified by Warrant of several of the Privy-Council in these words Whereas Sir Walter Earl Knight was heretofore committed to your Custody These are to will and require you still to detain him letting you know that both his first Commitment and direction for the continuance of him in Prison were and are by his Majesties special commandment From Whitehall Novemb. 7. 1627. Tho. Coventry c. Sir Thomas Darnell was the first that was brought to the Bar upon that Writ where the Kings Attorney-General Sir Robert Heath did inform the Court that his Majesty told him He heard that some of the imprisoned Gentlemen for the Loan did report That the King did deny them the Course of Justice And therefore his Majesty commanded him to renew the Writ of Habeas Corpus lest they should not move for another themselves by reason the Warden of the Fleet had not returned the first according
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