will advise A note very remarkable It shewes the indulgence of Kings it shews also the wisdom and judgement of the Houses the King not willing to deny his People People not willing to presse their King to a deniall the one wise and modest in their requests and the other moderate and sweet in the answer This is the ancient and right way of union in Parliament The God of unity keep it in this and all insuing Parliaments This union you rightly call the union of Hearts and a greatnesse beyond the Kingdomes which the King inherits so then its a present fit for a wise people to offer to their gracious King Wise and magnanimous Kings are a speciall gift from God having hearts capable of greatnesse union of hearts is greatest and greatnesse was never unwelcome to Kings and therefore present and offer it to your King you cannot doubt of acceptance Having spoken of union you fall presently into a memoriall of the great and glorious actions of his Majestie 's Predecessours and into the height and contemplation of greater that remain If I mistake not your meaning you would have it understood that the union of Prince and people make way to those remarkable acts of former times and that we that wish the like successe in our time should look back upon our Forefathers Wisdome requires it Honour and the Time requires it that we should shew our selves the sonnes of our Auncestours at least in holding that which they left us The pride of Rome abated as you say by England now lifts up her horns against Religion Gods vine planted and deeply rooted here overspread into our neighbour Countreys hath of late lost many of her goodly branches The Austrian Eagle that wanted feathers till of late now soares and preys at will over all Spain so often foiled by us hath by disguised treaties dispoiled of their patrimonie those princely Branches of our royall Cedar and posts apace to his universall Monarchy to the ruine of us our Friends and Religion God hath his time and I trust a time to stop their course I know not but we may expect it as well now as ever There is a resolution in our King and there is I trust for I am sure there was a resolution in our Parliament for great actions Our king as he hath a Solomon so hath he many Davids in the glorious catalogue of his royall Descent and hath linked himself in the House of Henry the Great and he bears a glorious and auspicious name sutable to his thoughts and desires and therefore since Honour and Religion call for it and since you have incouraged him to fight Iehovah's battels let all put to their hands that our King and Nation may have the honour to set Christendome in her right Balance And now to come to the petitions you have made for the House his Majestie most graciously and readily grants them all according to your true and ancient Rights and Priviledges of Parliament which his Majestie trusts you will have care not to exceed or transgresse and therefore you may go chearfully together and speedily settle about the publick affairs And the almighty God prosper the works of your hands I say the almighty God prosper your handy-work M r. Goodwin's Speech March 22. 1627. Mr. Speaker IT hath pleased his Majestie in his last Speech to intimate unto us the cause of our meeting which is supply against the great and common dangers that threaten the ruine of this Kingdome and the time of our sitting cannot be long and therefore he wisheth to avoid tedious resolutions In conformity whereunto I propound that laying aside all other matters we addresse our selves to that for which we were called hither wherein as in the first place we have well begun in our pious humiliation towards almighty God so let us now proceed to serve and to supply the king yet so as we satisfie our Countrey that sent us hither and preserve our Rights and Priviledges which have as surely been broken and infringed as undoubtedly they belong â—o us S r. Francis Seymour's Speech March 22. 1627. THis is the great Councel of the Kingdome and here if not here alone his Majestie may see as in a true glasse the state of the Kingdome We are all called hither by his Majestie 's writs to give him faithfull counsel such as may stand with his honour but that we must do without flatterie and chosen by the Commons to deliver up their just grievances and this we must do without fear Let us not be like Cambyses Judges who being demanded of him concerning something unlawfull said Though there were no written Law the Persian Kings might do what they liâ—t This was base flatterie fitter for reproof then imitation and as flatterie so fear taketh away the judgement For mine own part I shall shun both these and speak my conscience with as much duty to his Majestie as any man not neglecting the Publick But how can we speak our affections while we retein our fears or speak of giving till we know whether we have any thing to give or not For if his Majestie shall be perswaded to take what he will what need we to give That this hath been done appeareth by the billetting of Souldiers a thing no way advantageous to his service and a burthen to the Common-wealth the imprisonment of Gentlemen for the Loane who if they had done the contrary for fear their faults had been as great as theirs who were Projectours in it To countenance these proceedings hath it not been preached in the pulpit or rather praâ—ed All we have is the Kings But when they forsake their own calling and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick It is too apparent the people suffer more now then ever will you know the true reason we shall find those Princes have been in greatest wants and necessities that have exacted most from their Subjects The reason is plain A Prince is strongest by faithful and wise Counsel I would I could truly say such had been imployed abroad I speak this to this end to shew the defect proceeded not from this House I must confesse he is no good Subject that would not willingly and freely lay down his life when the End may be the service of his Majestie and the good of the Common-wealth But he is no good Subject but a slave that will have his goods taken from him against his will and his Liberty against the Laws of the Kingdome In doing this we shall but â—read the steps of our Fore-fathers who still preferred the publick interest before their own rights nay before their own lives It will be a wrong to Us to our Posterities to our Consciences if we shall forgo this This we shall do well to present to his Majestie I offer this in the generall thinking the particulars fitting for Committees What I may now say or shall then I submit
Common-wealth and certainly there never was a time in which this duty was more necessarily required then now I therefore judging of a Parliament to be the antient speediest best way in this time of common Danger to give such supply as to secure our selves and to save our Friends from imminent ruine have called you together Every man must do according to his conscience Wherefore if you which God forbid should not doe your duties in contributing what the State at this time needs I must in discharge of my conscience use those other meanes which God hath put into my hands to save that which the follies of particular men may hazard to loose Take not this as a threatning for I scorn to threaten any but my equals but an admonition from him that both out of nature and dutie have most care of your preservations and prosperities and though I thus speak I hope that your endeavours at this time will be such as shall not onely make me approve your former Counsels but lay on me such obligations as shall binde me by way of thankfulness to meet often for be assured that nothing can be more pleasing to me then to keep a good correspondence with you I will onely adde one thing more and then leave my Lord Keeper to make a short paraphrase upon the Text I have delivered you which is to remember a thing to the end we may forget it You may imagine that I came here with a doubt of success of what I desire remembring the distractions at the last meeting but I assure you that I shall very easily and gladly forget and forgive what is past so that you will at this present time leave the former waies of distractions and follow the counsell late given you to maintain the unity of the Spirit in the bond of Peace The Lord Keeper Coventry's Speech 17. March 1627. My Lords and you the Knights Citizens and Burgesses of the House of Commons IF I had been delighted in long speaking yet the example and commandment of his Majestie hath been more then enough to refraine the super fluitie of that humour but here is yet more For that short and excellent compacted Speech which you have heard from his Majestie begins with a reason It is a time for action and not for speech Examples and Command master the VVill and Reason the Understanding and therefore you may expect nothing from me but brevity You have heard the matter already and I doubt not but with reverence as the weight and authority requires you have imprinted it in your mindes and the matter being known long speeches from me were but babling to beat the aire Yee are here in Parliament by his Majesties writ and royall command to consult and conclude of the weightie and urgent businesse of this Kingdome VVeighty it is and great as great as the honour safety and protection of Religion King and Country and what can be greater Urgent it is It is little pleasure to tell or think how urgent and to tell it with circumstances were a long work I will but touch the summe of it in few words The Pope and House of Austria have long affected the one a Spiritual the other a Temporal Monarchie and to effect their ends to serve each others turn the House of Austria besides the rich and vast Territories of both the Indies and in Africa joined together are become Masters of Spain and Italy and the great country of Germany And although France be not under their subjection yet they have endeavoured all about him the very bowells of the Kingdome swaied by the Popish faction they have gotten such a part and such interest in the Government that under pretence of Religion to root out the Protestants and our Religion they have drawn the King to their adherence so farre that albeit upon his Majesties interposition by his Ambassadours and his engagement of his royall word there was between the King and his Subjects Articles of agreement and the Subjects were quiet whereby his Majestie interessed in that great Treaty was bound to see a true accomplishment yet against that strict alliance that Treaty hath been broken and those of the Religion have been put to all extremity and undoubtedly will be ruinated without present help so as that King is not onely diverted from assisting the common Cause but hath been misled to engage himself in hostile acts against our King or other Princes making way thereby for the House of Austria to the ruine of his own and other Kingdomes Other Potentates that in former times did ballance and interrupt the growing greatnesse of the House of Austria are now removed and diverted The Turk hath made peace with the Emperour and turned himself wholly into warrs with Asia the King of Sweden is embroiled in a warre with Poland which is invented by Spanish practices to keep that King from succouring our part the King of Denmark is chased out of his Kingdome on this and on that side the Sound so as the house of Austria is on the point to command all the Sea-coasts from Dantzick to Emden and all the Rivers falling into the Sea in that great extent so as besides their power by Land they beginne to threaten our part by Sea to the subversion of all our State In the Baltique Sea they are providing and arming all the ships they can build or hire and have at this time their Ambassadours threatning at Lubeck to draw into their service the Hans-Townes whereby taking from us and our neighbours the East-land trade by which our Shipping is supplied they expect without any blow given to make themselves masters of the Sea In those Western parts by the Dunkerkers and by the now French and Spanish Admirall to the ruine of Fishing of infinite consequence both to us and the Low Countries they infest all our coast so as wee passe not safely from port to port And that Fleet which lately assisted the French at the Isle of Ree is now preparing at St. Andrea with other ships built in the coast of Biscai to re-inforce it and a greater Fleet is making ready at Lisbon where besides their own they do serve themselves upon all strangers bottoms coming to that coast for trade And these great preparations are no doubt to assault us in England or Ireland as they shall finde advantage and a place fit for their turn Our friends of the Netherlands besides the feare that justly troubles them lest the whole force of the Emperour may fall down upon them are distracted by their Voyages into the East which hath carried both men and money into another world and almost divided them at home Thus are we even ready on all sides to be swallowed up the Emperour France and Spain being in open warr against us Germany over-run the King of Denmark distressed the King of Sweden diverted and the Low-Countrey men disabled to give us assistance I speak not this to increase fear unworthy of English
per speciale mandatum Domini Regis ideo predicutus Johannes remittitur prefato Custodi Marr. hospitii predict salvo custodiend quousque c. that is quousque secundum legem deliberatus fuerit And if that Court which is the highest for ordinary Justice cannot deliver him secundum legem what Law is there I beseech you my Lords that can be sought for in any other inferiour Court to deliver him Now my Lords because this draught if it were entred in the Roll as it was prepared for no other purpose would be a great declaration contrary to the many Acts of Parliament already cited contrary to all Presidents of former times and to all reason of Law to the utter subversion of the chiefest Liberty and Right belonging to every Free-man of the Kingdome and for that especially also it supposeth that divers ancient Records had been looked into by the Court in like Cases by which Records their Judgements were directed whereas in truth there is not one Record at all extant that with any colour not so much indeed as with any colour warrants the Judgement therefore the House of Commons thought fit also that I should with the rest that hath been said shew this draught also to your Lordships I come now to the other kind of Presidents that is solemn Resolutions of Judges which being not of Record remain only in authentick Copies But of this kind there is but one in this Case that is a resolution of all the Judges in England in the time of Queen Elizabeth It was in the foure and thirtieth yeare of her reign when divers persons had been committed by absolute command and delivered by the Justices of one Bench or the other whereupon it was desired that the Judges would declare in what Cases persons committed by such Command were to be enlarged by them The resolution hath been variously cited and variously apprehended The House of Commons therefore desiring with all care to enforme themselves as fully of the truth of it as possibly they might got into their hands from a member of their House a book of selected Cases collected by a learned and reverend Chief Justice of the Common Pleas that was one of them that gave the Resolution which is entred at large in that book I mean the Lord Chief Justice Anderson It is written in that book in his own hand as the rest of the book is And however it hath been cited and was cited in that great Judgement given upon the habeas Corpus in the King's Bench as if it had been that upon such commitments the Judges might not baile the prisoners yet it is most plain that in the resolution it self no such thing is contained but rather expresly the contrary I shall better represent it to your Lordships by reading it then by opening it Then it was read If this Resolution doth resolve any thing it doth indeed upon the matter resolve fully the contrary to that which hath been pretended and enough for the maintenance of this ancient and fundamentall point of Liberty of the Person to be regained by habeas Corpus when any man is imprisoned And I the rather thought fit now to read it to your Lordships that it might be at large heard because in the great Judgement in the Kings Bench though it were cited at the Barre as against this point of personall Libertie as also at the Bench yet though every thing else of Record that was used was at large read openly this was not read either at Barre or Bench. For indeed if it had every hearer would easily have known the force of it to have been indeed contrary to the Judgement My Lords having thus gone through the Charge committed to me by the House of Commons and having thus mentioned to your Lordships and opened the many Presidents of Record and that draught of the Judgement in the like Case as also the Resolution I shall now as I had leave and direction given me least your Lordships should be put to too much trouble and expense of time in the finding or getting Copies at large of these things which I have cited offer also to your Lordships authentick Copies of them all and so leave them and whatsoever else I have said to your Lordships further consideration The whole Copies of the Presidents of Record mentioned in one of the Arguments made at the first Conference with the Lords touching the Liberty of the Person of every Free-man INter Recorda Domini Regis Caroli in Thesaurario Receptus Scaccarii sui sub custodia Dom. Thesaurarii Camerarii ibidem remanentia viz. Placita coram Domino Rege apud Westmonasterium de Termino Paschae anno Regis E. 3. post conquestum Angliae 15. inter alia sic continetur ut sequitur Adhuc de Termino Paschae London sc. Dominus Rex mandavit dilecto fideli suo Roberto de Dalton Constabulario Turris suae London vel ejus locum-tenenti breve suum in haec verba Edwardus Deigratia Angliae Franâ—iae Rex Dominus Hiberniae dilecto fideli suo Roberto de Dalton Constabulario Turris suae London vel ejus locum-tenenti salutem Mandamus vobis quod Iohannem de Bildeston Cappellanum quem vicecomites nostri London ad mandatum nostrum apud praedictam Turrim vobis liberabunt ab eisdem recipiatis in prisona nostra Turri praedicta custodiri faciatis quousque aliud vobis super hoc duxerimus de mandato Teste me ip so apud Turrim nostram London trigesimo die Martii anno Regni nostri Angliae sextodecimo Regni vero nostri Franciae tertio Et modo scilicet in Craft Ascension Dom. anno Reg. nunc 18. coram Domino Rege apud Westm. venit Iohannes de Wyndwick locum-tenens praedicti Constabularii adduxit coram Justiciarios hic in Curia praedicta Iohannem de Bildeston quem alias à praefatis vicecomitibus virtute brevis praedicti recipit c. Et dicit quod ipse à Domino Rege habuit in mandatis ducendi liberandi Corpus ipsius Iohannis de Bildeston praefat Justic. hic c. Et quaesitum est à praedicto Iohanne Wyndwick si quam aliam detentionis praefat Iohannis de Bildeston habeat causam Qui dicit quod non nisi breve praedict tantum Et quia videtur Curiae breve praedict sufficientem non esse causam praedict Iohannem de Bildeston in prisona Marescall Reg. hic retinend c. idem Iohannes dimittitur per manucaptionem Willielmi de Wakefield Rectoris Ecclesiae de Willingham Iohannis de Wyndwick de com Lancaster Iohannis de Lakenham Iohannis de Norton de com Norsolciae Nicolai de Wandesford de com Midd. Rogeri de Bromley de com Staff qui eum manuceperunt habendi eum coram Domino Rege in Octabis sanctae Trinitatis ubicunque c. viz. corpora pro corpore Ad quas Octab. sanct Trinit coram Domino Rege apud Westm. venit praedict
under the Government of the best of his most Noble Progenitors 4. That his Majesty would be pleased gratiously to declare for the good contentment of his Loyal Subjects and for the secureing them from future fears that in all causes within the Cognizance of the Common-Law and concerning the Liberty of his Subjects his Majesty would proceed according to the Laws established in the Kingdom and in no other manner or wise 5. And as touching his Majesties Royal Prerogative intrincical to his Soveraignty and intrusted him from God ad communem totius populi salutem non ad destructionem his Majesty would resolve not to use or divert the same to the prejudice of any his loyal People in the propriety of their goods and liberty of their Persons And in case for the security of his Majesties Royal Person the Common safety of his People or the peaceable Government of his Kingdom his Majesty shall finde just cause of State to imprison or restrain any mans Person his Majesty would gratiously declare that within a convenient time he shall and will express the cause of his commitment or restraint either general or special and upon a cause so expressed will leave him immediatly to be tried according to the Common Justice of the Kingdom Then S r. DUDLEY DIGGS in the behalf of the Commons saith MY Lords it hath pleased Almighty God many wayes to bless the Knights Cittizens and Burgesses now assembled in Parliamen with great comforts and strong hopes that this will prove as happy a Parliament as ever was in England and in their Consultations for the service of his Majesty and the safety of this Kingdom one especial comfort and strong hope hath risen from the continued good respects which your Lordships so nobly from time to time have been pleased to shew unto them particulerly at this present in your so Honourable prosession to agree with them in general in desire to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort they have been are and will be as ready to propugne the just Prerogatives of his Majesty of which in all their Arguments searches of Records and resolutions they have been most carefull according to that which formerly was and now again is protested by them Another Noble Argument of your Honourable disposition towards them is exprest in this that you are pleased to expect no present answer from them who are as your Lordships in your general wisdoms they doubt not have considered a great body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient usage of our House but is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such a good Harmony that I intreat your Lordships leave to borrow a comparison from nature or natural Philosophy as two Lutes well strung and tun'd brought together if one be plaid on little straws or sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and proposed cannot but work in our hearts and we will faithfully report these passages to our House from whence in due time we hope your Lordships shall receive a contentfull Answer S r. BENJAMIN RUDDIERDS Speech 28. April 1628. Mr. Speaker WE are now upon a great business and the manner of handling it may be as great as the business it self I need not tell you that Liberty is a pretious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for my own part I am clear without scruple that what we have resolved it according to Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him before now Out of all question the very point the scope and drift of Magna Charta was to reduce the Regal to a Legal power in matters of imprisonment or else it had not been worth so much contending for But there have been Presidents brought to prove the practise and interpretation of the Law I confess I have heard many Presidents of utillity and respect but none at all of truth or of Law Certainly there is no Court of Justice in England that will discharge a Prisoner committed by the King Rege inconsulto without acquainting the King yet this good manners was never made or mentioned as a legal part of the delivery It is Objected that the King ought to have a trust left and deposited in him God forbid but he should And I say that it is impossible to take it from him for it lies not in the wit of man to devise such a Law as should be able to comprehend all particulers all accidents but that extraordinary cases must happen which when they come If they be disposed of for the Common good there will be no Law against them yet must the Law be general for otherwise admissions and exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of nature to govern the ordinary course of things he hath made no Laws for miracles Yet there is this observation of them that they are rather praeter naturam then contra naturam and alwayes propter bonos fines for Kings Prerogatives are rather besides the Law then against it and when they are directed to right ends for the publick good they are not onely concurring Laws but even Laws in singularity and excelling But to come nearer M r. Speaker let us consider where we are now what steps we have gone and gained the Kings learned Councel have acknowledged all the Laws to have been still in force the Judges have disallowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolution intire and without prejudice All this hitherto is for our advantage but above all his Majesty himself being publickly present declared by the mouth of my Lord Keeper before both the Houses that Magna Charta and the other six Statutes are in force that he will maintain his Subjects in the liberty of their Persons and the propriety of their goods that he will govern according to the Laws of the Kingdom this is a solemne and bindeing satisfaction expressing his gracious readiness to comply with his People in all their reasonable and just desires The King is a good man and it is no diminution to be called so for whosoever is a good man shall be greater then a King that is not so The King certainly is exceeding tender of his present Honour and of his fame hereafter he will think it hard to have a worse mark set upon him and his Government then any of his Ancestors by extraordinary restraints his Majesty hath already intimated unto us by a message that
in the Tower the present warrants being served but nine last and forty pound in all which we tremble to think of And that notwithdanding this extream scarcitie of powder great quatities have been permitted to be sould out of your Majesties store to particular persons for private gain whereof we have seen a certificate of fortie six last sould since the fourteenth of Ianuary last And your Majesties store being unfurnished of powder which by a contract made with Mr. Evelin by the advise of the Lords in Parliament ought to be supplied monthly with twentie last at the rate of 3 l. 10. s. 10. d. the barrel Your Majestie hath been forced to pay above 7. l. a barrel for powder to be brought from beyond the Seas for which purpose 12400. l. hath been imprest to Mr. Burlamacho the last year and that powder not so good as that which by contract your Majestie should have of your own by one third part All which are most fearfull and dangerous abuses But what the poverty weakness and miserie your Kingdom is now grown unto by decay of trade by destruction and loss of ships and Marriners within these three last years we are almost afraid to declare And could we have been assured that your Majesty should any other way have had a true information thereof we should have been doubtfull to have made our weakness and extreamity of misfortune in this kinde to appear But the importunate and most pittifull complaints from all the parts of your Kingdom near adjoyning to the sea in this kinde would rend we think the strongest heart in the world with sorrow And the sence we have of the miserable condition your Kingdoms is in by reason thereof especially for that we see no present possible means being now shortly to end this session how to help the same adds such a weight of grief unto our sadd thoughts as we have no words to express it But for your Majesties more exact reformation herein we beseech you be pleased to peruse the Kallandar of particulars which with this our Remonstrance we most humbly present unto your Majestie One reason amongst many others of this decay of trade and loss of ships Marriners is the not guarding seas the Regalitie whereof your Majesty hath now in a manner wholly lost and that wherein a principal part of the honour and safetie of this Kingdom heretofore consisted in having the absolute command of the seas is now so neglected that the Town of Dunkerk doth so continuallie beat robb and spoil your Subjects that we can assure your Majestie if some present and effectual remedie be not forthwith provided the whole trade of this Kingdom the shipping and Marriners belonging thereunto will be utterly lost and consumed The principal cause of these Evils and Dangers we conceive to be the excessive power of the Duke of Buckingham and the abuse of that power And we humbly submit it to your Majesties Excellent wisdom whether it can be either safe for your self or your Kingdom that so great power as rests in him both by sea and land should be in the hands of any one Subject whatsoever And as it is not safe so sure we are it cannot be for your service it being impossible for any one man to mannage so many and so weightie affairs of the Kingdom as he hath undertaken besides the ordinary duties of those great offices which he holds some of which well performed would require the time and industrie of the ablest man both for Councel and action that your whole Kingdom could afford especially in these times of common danger And our humble desire further is that your most Excellent Majestie would be pleased to take it into your Princely consideration whether in respect the same Duke hath so abused his power it be safe for your Majestie and your Kingdoms to continue him either in his great offices of trust or in his place of nearness and Councel about your sacred person And thus in all humility aiming at nothing but the honour of Almightie God the maintenance of his true Religion the safetie and happiness of your most Excellent Majestie and the preservation and prosperitie of this Church and Common-Wealth we have endeavoured with faithfull hearts and intentions and in discharge of the dutie we owe to your Majestie and our Countrey to give your Majestie a true representation of our present dangers and pressing calamities which we humbly beseech your Majestie gratiously to accept and to take the same to heart accompting the safety and prosperity of your people your greatest happiness and their love your richest treasure A rufull and lamentable spectacle we confess it must needs be to behold these ruines in so fair a house so many-diseases and almost every one of them deadly in so strong and well tempered a bodie as this Kingdom latelie was yet we will not doubt but that God hath reserved this honour for your Majestie to restore the safety and happiness thereof again as a work worthy so Excellent a Prince For whose long life and true felicity we dayly pray and that your fame and never dying glory may be continued to all succeeding generations A Kallender or Schedule of the shipping of this Kingdom which have been taken by the enemy and lost at sea within the space of three years last past Taken by the Enemy Ships of the burthen of 100. Tun and upwards belonging to London Ipswich Newcastle Hull Yarmouth Aldbâ—â—ough The ships 77 and furniture vallued at 62000. l. Cast away Ships of the same burthen belonging to the same places 133 The ships and furniture vallued at 100000. l. Taken and cast away Ships of the like burthen belonging to Lynne Bristol Dartmouth Portsmouth Southampton Waymouth Exceter Shoram Harwich Dâ—ver Woodbridge Sandwich 50 The ships and furniture vallued at 35000. l. Some 260 ships vallued at 197000. l. Taken by the Enemy Ships of 100 Tonne belonging to London Newcastle Hull Boston Yarmouth Lynne Aldborough Dover The County of Suffex Pool Southampton Weymouth Exceter Dartmouth Bristol Iersey Scarbrâ—ugh Soul and Dunwich 130 The vallued not certified Touching the Ports and Towns of Portsmouth Westchester Milfordhaven Bridgwater Bastable Faymouth Foy Lynne Regis Isle of Whight Colchester Iersey Low Whitby Bridlington Blackney Wels. Orford Brightling-sea Rochester and divers other small Ports great losses whereof no particular is given The goods and Merchandizes lost in the shipping aforesaid and in Flemish bottoms fraighted by English Merchants to be imported into this Kingdom are of exceeding great vallue the certainty whereof cannot now be expressed Onely one company of Merchants Trading to the Eastwards from London Ipswich Hull and New-castle in half this space of time have lost one hundred thousand pounds taken by the Enemy A Great Number of Marriners also proportionable to this loss of shipping have been taken and destroyed by the Enemy and cast away through disorderly pressing and forcing upon Winter voyages besides many more by reason of their
I may be clearly understood I must needs say they do mistake me wondrously that think I lay this fault equally on all the Lowerâ—House for I know there are many there as dutifull Loyal Subjects as any are in the world I know that it was onely some Vipers among them that did cast this mist of disobedience before their eyes although there were some there that could not be infected with this Contagion insomuch that some by their speaking â—which indeed was the general fault on the last day of the Houseâ— did shew their obedience To conclude my Lords as those ill-affected persons must look for their reward so you that are here of the Higher House may justly claim from me that protection and favour that a good King â—ears to his Loyal and Faithfull Subjects and Nobilitie Now my Lords execute that which I Command you Lord KEEPER MY Lords and Gentlemen of the House of Commons the KINGS Majestie doth Dissolve this Parliament wherefore you have all free leave to depart to your Residences c. His MAIESTIES Letter with Queres concerning Ship-money and the Answer thereunto To Our trustie and welbeloved Sir Iohn Bramston Knight Chief Justices of our Bench Sir Iohn Finch Knight Chief Justice of our Court of Common-pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Judges of Our Courts of Kings Bench Common-pleas and the Barons of our Court of Exchequer CHARLES R. TRustie and welbeloved We greet you well Taking into Our Princely consideration that the Honor and Safetie of this our Realm of England the preservation whereof is onely intrusted to Our care was and is now more dearly concerned than in late former times as well by diverse Counsels and attempts to take from Us the Dominion of the Seas of which We are sole Lord and rightfull Owner or Propriator and the loss whereof would be of greatest danger and peril to this Kingdom and other our Dominions and many other wayes We for the avoiding of these and the like dangers well weighing with Our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for preventing so publick a mischief resolve with Our self to have a Royal Navie provided that might be of force and power with Almightie Gods blessing and assistance to protect and defend this our Realm and our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under Our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales Commanding thereby all Our said Subjects in every Citie Town and Village to provide such a number of Ships well furnished as might serve for this Royal purpose and which might be done with the greatest equallitie that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulness and alacritie which We graciously interpret as a testimonie as well of their dutifull affections to Us and Our service as of the respest they have to the publick which well becometh every good Subject nevertheless finding that some few happily out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased and freed in their particulars how general soever the charge be or ought to be have not yet paid and contributed the several Rates and Assesments that were set upon them foreseeing in our Princely wisdom that from hence diverse Suits and Actions are not unlikely to be commenced and prosecuted in Our several Courts at Westminster We desireous to avoid such inconveniences and out of Our Princely love and affection to all our people being willing to prevent such errors as any of Our loving Subjects may happen to run into have thought fit in a Case of this nature to advise with you Our Iudges who we doubt not are all well studied and informed in the rights of Our Sovereigntie And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Iudgements in the Case as it is set down in the inclosed Paper which will not onely gain time but also be of more Authoritie to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the Second day of Febr. in the Twelfth Year of our Reign 1636. CHARLES R. WHen the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Whether may not the KING by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as he shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the KING the sole Judge both of the danger and when and how the same is to be prevented and avoided CHARLES REX Answer MAy it please Your most excellent Majestie We have according to Your Majesties Command severally every man by himself and all of us together taken into serious consideration the â—ase and Questions signed by your Majestie and inclosed in your Royal Letter and we are of opinion that when the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Your Majestie may by Writ under the Great Seal of England Command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as Your Majestie shall think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law Your Majestie may compel the doing thereof in Case of refusal or refractoriness And we are also of opinion That in such Case Your Majestie is the sole Iudge both of the danger and when and how the same is to be prevented and avoided John Bramston John Finch Humfrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston FINIS
14 M r. Goodwins speech March 22. pag. 18 Sir Francis Seymour's speech ibid. Sir Thomas Wentworth's speech pag. 20 The speech and Argument of M r. Creswell of Lincolnes Inne concerning the subjects grievance by the late Imprisonment of their persons pag. 21 Sir Benjam Ruddier's speech pag. 27 Sir Robert Phillip's speech pag. 28 Sir Thomas Edmonds pag. 30 Sir Iohn Elliot ibid. Sir Hum May ibid. The Petition for the fast March 26. 1628. pag. 31 The Kings Propositions March 28. pag. 32 Three grand questions ibid. Sir Iohn Coke his speech at a Conference between the Lords and Commons about the Petition to the King against Recusants pag. 33 The Petition of both Houses to his Majesty concerning Recusants March 31. pag. 34 The Kings Answer to the Petition against Recusants pag. 37 The Answer to the same Petition by the Lord Keeper Coventry pag. 38 Sir Edward Cokes speech March 25. upon a Question of law in point of Judgement given in the Kings Bench Mich. 3. Caroli viz. that a Prisoner detain'd by Commitment per special Mandat Regis without expressing a Cause is not Bailable wherein he held negatively pag. 39 The substance of the Kings speech upon the relating of the proceedings of the Parliament to him by the Counsellers of the Commons house of Parliament April 4. pag. 41 The Duke of Buckinghams speech to his Majesty the 4 of April ibid. S r Iohn Elliot in Answer to M r Secretary Coke's message of thanks from the King and the Duke of Buckingham delivered in the Commons house of Parliament April 5 pag. 43 A message by Secretary Coke from the King to the lower house April the 7 pag. 44 S r Benjamin Ruddier's speech upon the Receit of his Majesties Answer to the petition against Recusants pag. 45 The Kings message to the House of Commons by M r Speaker April 12. pag. 46. The petition concerning billetting of souldiers April 14. pag. 47 Nine heads of the House of Commons to the Speaker pag. 49 The Speaker S r Iohn Finches speech upon the nine heads pag. 50 The Kings Answer to the petition concerning billetting of souldiers pag. 53 S r Dudley Diggs his Introduction pag. 54 The Argument made by M r Littleton at the Command of the House of Commons out of Acts of Parliament and Authorities of Law expounding the same at the first Conference with the Lords touching the person of every Freeman pag. 56 The Objections of the Kings Councell with the Answers made thereto at the two Conferences touching the same matter pag. 65 The true Copies of the Records not printed which were used on either side of that part of the debate pag. 70 The Argument which by Command of the House of Commons was made at their first Conference with the Lords touching the liberty of the person of every Freeman out of presidents of Record and resolutions of Judges in former times by M r Selden pag. 76 The whole copies of the presidents of Record mentioned in one of the Arguments made at the first conference with the Lords touching the liberty of the person of every Free-man pag. 92 S r Edward Coke pag. 107 The Arguments of Serjeant Bramston on the Habeas Corpus pag. 111 The Argument of M r Noye upon the Habeas Corpus pag. 117 The Argument of M r Selden upon the Habeas Corpus pag. 122 The Argument of M r Calthrop upon the Habeas Corpus pag. 125 The substance of the Objections made by M r Attorney generall before a Committee of both Houses to the Argument that was made by the House of Commons at the first Conference with the Lords out of presidents of Record and resolutions of Judges in former times touching the liberty of the person of every Free-man and the Answer and replies presently then made by the House of Commons to these Objections pag. 121 The proceedings against the Earl of Suffolk April 14. p. 135 Severall speeches made at the Debatesconcerning the Kings propositions pag. 138 M r Alford ibid. S r Robert Maunsell ibid. S r Francis Seymour ibid. S r Peter Hayman ibid. M r Pimme ibid. Secretary Coke ibid. S r Dudley Diggs pag. 139 M r Spencer ibid. M r Iohn Elliot ibid. S r Edward Coke ibid. S r Thomas Wentworth pag. 146 S r Henry Martin ibid. M r Kirton ibid. S r Robert Phillips ibid. Serjeant Hoskins ibid. Serjeant Ashleys Argument seconding M r Attorney in the behalf of his Majesty pag. 141 M r Noyes Argument April 16 pag. 144 M r Glanvills Argument pag. 145 The Answer of the Judges for matter of fact upon the Habeas Corpus April 21 pag. 146 Iudge Whitlock's speech pag. 147 Iudge Iones his speech pag. 148 Iudge Doderidges speech pag. 149 The Lord chief Iustice his speech ibid. The Earl of Warwick's speech April 21 pag. 150 The Arch Bishop of Canterburies speech at the Conference of both Houses April 25 pag. 153 The five propositions read by the Lord Bishop of Norwich April 25. 1628 ibid. S r Dudley Diggs his speech in behalf of the Commons pag. 154 S r Benjamin Ruddier's speech April 28 pag. 157 The Lord Keeper's speech April 28. pag. 157 The Bishop of Exceter's letter sent to the House of Commons April 28. pag. 158 M r Hackwell of Lincolnes Inne his speech in the lower House May 1 pag. 159 The objections against M r Hackwel's speech ibid. Secretary Coke's message May 1 pag. 161 Secretary Coke's speech concerning himself and the nature of his place under his Majesty pag. 162 Henry Tomson one of the Sheriffs and Robert Henisworth Alderman of the city of York their submission for their indirect choosing of S r Thomas Savil Knight pag. 163 Propositions drawn for the defence of this Kingdome and the annoyance of the enemies of the same by sea ibid. Iudge Andersons speech pag. 165 The Kings message May 2 by Secretary Coke pag. 167 M r Masons speech May 2 ibid. The Speakers speech to his Majesty in the banquetting house May 5 pag. 171 The Kings Answer to the House of Commons delivered by the Lord Keeper May 5 pag. 173 The Lord Cok's speech at the Conference in the painted Chamber presenting the petition of Right May 8 pag. 174 The petition of Right to the Kings most excellent Majesty pag. 175 S r Benjamin Ruddier's speech page 178 His Majesties letter to the Lords spirituall and temporall of the higher House of Parliament pag. 180 The Kings message by the Lord Keeper May 21 pag. 181 M r Masons speech concerning the addition propounded by the Lords to be added to the petition of Right pag. 182 The Reasons of the Commons House delivered by M r Glanvil why they cannot admit of the propositions tendred unto them by the Lords 186 S Henry Martin's speech pag. 188 The Kings speech in the Higher House at the meeting of both Houses Iune 2. pag. 194 The Lord Keeper in explanation of the same pag. 195 The Kings Answer to the petition of Right Iune 2.
by the Lord Keeper ibid. S r Iohn Elliot's speech Iune 3. ibid. A Report from the Committee for trade Iune 4. pag. 201 His Majesties message to the House of Commons by the Speaker Iune 6. pag. 203 The Kings Speeches Iune 7 and the Petition of Right read and granted pag. 204 The motions of the lower House to the Higher ibid. Sir Thomas Wentworths speech pag. 205 The Kings message to the lower House by Sir Humphry May Iune 10. pag. 206 Eight particulars voted in the House of commons against the Duke of Buckingham Iune 11 ibid. The first Remonstrance of the House of Commons ibid. A Schedule of the shipping of this Kingdome which have been taken by the Enemy and lost at sea within the space of three yeares last past pag. 215 The Kings Answer to the Remonstrance Iune 17. p. 217 The Kings speech at the end of the Session Iune 26. ibid. The second Remonstrance pag. 218 A Letter which was found amongst some Jesuits that were lately taken at London and addressed to the Father Rector at Bruxills pag. 220 Motives to induce the Knights Citizens and Burgesses of the Commons house of Parliament to petition his Majesty for the revoking and abolishing of the degrees of Baronets lately erected by his Highnesses letters pattents pag. 224 The examination of Andrew le Brun Captain of the Mary of Rochell pag. 226 Articles against Melvin p. 227 A privie Seal for the transporting of horses Ianuary 30 tertio Caroli ibid. The Commission to the Lords and others of the Privy Councell concerning the present raising of Money pag. 228 Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at Rochell May 4. 1628. p. 230 The Answer to the Articles propounded by the Lord generall and the rest of the Councell of warre pag. 231. A TABLE of the transactions of the second Session of the Parliament begun Ian. 20. 1628. M r Selden's report concerning the Petition of Right Ianuary 21 pag. 235 M r Pymms motion ibid. Sir Iohn Elliots reply ibid. M r Seldens speech concerning the Petition of Right p. 236 M r Norton the Kings Printer brought to the barre ibid. Sir Iohn Elliot ibid. Sir Robert Phillip's speech Ianuary 22. ibid. M r Littleton pag. 237 Sir Iohn Elliot ibid. M r Selden concerning the printing of the Petition of Right ibid. His Majesties message Ian. 23 24. pag. 238 M r Walter Ian. 26 ibid. M r Secretary Coke ibid. Sir Francis Beamor ibid. M r Kirton ibid. M r Sherland pag. â—39 Sir Nath. Rich Ian. 27 ibid. The Kings Message by Secretary Coke ibid. Sir Walter Earl pag. 240 M r Corrington ibid. M r Pymme ibid. Another Message from his Majesty Ianuary 28 deliver'd by Secretary Coke ibid. M r Long 's Reply pag. 241 Sir Thomas Edmonds ibid. M r Corrington ibid. Sir Iohn Elliot ibid. Secretary Coke's speech Feb. 3 pag. 242 Sir Iohn Elliot ibid. M r Speaker pag. 243 Secretary Coke ibid. Sir Hum. May ibid. Sir Iohn Elliot at the Committee for Religion ibid. A Bill that no Clergy man be in Commission for Peace Feb. 4 ibid. M r Selden pag. 244 A Petition against D r. Cosens ibid. Sir Eubal Thelwall ibid. M r Shervile ibid. M r Rouse ibid. M r Kirton ibid. Sir Robert Phillips pag. 245 Sir Edward Giles ibid. Sir Iames Perot ibid. M r Pymme ibid. Sir Robert Phillips ibid A Petition about an imposition upon mault Febr. 5 p. 246 M r Long ibid. M r Ogle ibid. Secretary Coke ibid. Sir Robert Phillips ibid. A Petition against Whittington a Papist Febr. 6. ibid. M r Shervile pag. 247 S r Nath. Rich ibid. S r O. Roberts upon an Affidavit against D r Cosens ibid. S r Iohn Elliot ibid. M r Kirton Febr. 7. ibid. S r Walter Earl ibid. S r Robert Phillips ibid. M r Selden pag. 249 S r Robert Phillips ibid. M r Pymme ibid. M r Shervile ibid. S r Iohn Stanhope ibid. S r Nath. Rich ibid. S r Iohn Elliot ibid. S r Daniel Norton pag. 250 S r Robert Phillips ibid. The Chancellor of the Dutchy ibid. S r Thomas Heale ibid. M r Valentine ibid. Transactions concerning Cosens Bishop Mountague c. Febr. 9. ibid. S r Robert Phillips February 10 pag. 251 M r Chancellor of the Dutchy pag. 252 M r Selden ibid. S r Francis Seymour ibid. M r Selden pag. 253 M r Kirton ibid. M r Littleton ibid. S r Benjamin Ruddier ibid. M r Selden Febr. 11 ibid. A Petition of the booksellers and printers at the Committee for Religion pag. 254 M r Shervile's Report concerning D r Sibthorpe Cosens and Manwaring ibid. Sir Walter Earl pag. 255 A Committee for tonnage and poundage Febr. 12 Shervile in the Chair ibid. S r Iohn Elliot ibid. A Petition against Burges a Priest Febr. 13 pag. 257 S r Iohn Elliot ibid. Sir Will. Bawstrod at a Committee for Religion ibid. Sir Richard Gravenor pag. 258 Secretary Coke ibid. A Complaint against the Lord Lambert Febr 14 pag. 259 M r Kirton ibid. S r Thomas Hobbie at a Committee for Religion pag. 260 M r Stroud at a Committee for Religion Febr. 16 p. 261 Another petition preferred by M r Chambers Febr. 17. p. 262 A publick Fast Febr. 18 p. 263 M r Dawes call'd in question for taking M r Rolls his goods Febr. 19 ibid. A petition of Complaint against the Lord deputy of Ireland Febr. 20 ibid. A petition by M r Symons in complaint of the Customers Febr. 21 pag. 264 The Committee for Merchants ibid. The protestation of the Commons in Parliament March 2 1628 Pag. 267 The Kings speech in the House of Parliament March 10. to dissolve it Pag. 268 His Majesties letter and queres concerning ship money and the answer thereunto The KINGS Speech 17. March 1627. My Lords and Gentlemen THese Times are for action wherefore for examples sake I meane not to spend much time in words expecting accordingly that your as I hope good resolutions will be speedy not spending time unnecessarily or that I may better say dangerously for tedious Consultations at this conjuncture of time are as hurtfull as ill Resolutions I am sure you now expect from me both to know the cause of your meeting and what to resolve on yet I think there is none here but knowes that common Danger is the cause of this Parliament and that Supply at this time is the chief end of it so that I need but point to you what to do I will use but few perswasions for if to maintaine your owne advises and as now the case stands by the following thereof the true Religion Lawes and Liberties of this State and the just defence of our true Friends and Allies be not sufficient then no eloquence of Men or Angels will prevaile Only let me remember you that my duty most of all and every one of yours according to his degree is to seek the maintenance of this Church and
Assembly so that you are secure not onely from wilfull and pregnant errours but from doubt of sinister interpretation My Lord the King is as an Angel of God of a quick of a noble and just apprehension he straines not at gnats he will easily distinguish between a vapour and a fogg between a mist of â—rrour and a cloud of evill right he knowes if the heart be right Out of the abundance of the heart the mouth speakes You proceed to a survey of the lustre of this great and glorious Assemblie and in that as in a curious Crystall you observe the true happinesse which we all here enjoy You have distributed and divided aright and whosoever sees it otherwise hath an evill eye or a false glasse We have enjoyed it long through the happy meanes of gracious and good Princes and the way to enjoy it still is to know and heartily to acknowledge it and that God hath not done so to any other Nation It is a prime cause or meanes of this our happinesse You mention the forme of Government under which we live a Monarchie and the best of Monarchies where Sovereignty is hereditarie no Inter-Regnum nor competition for a Crown Descent and Succession are all one The Spirit of God by the mouth of the wisest of Kings long since proclaimed this happinesse Blessed art thou O Land where thy King is the son of Nobles The frames of other States are subject some to inconstant Levitie some to Faction some to Emulation and Ambition and all to manifold Distempers in which the People go to wrack The Monarchie is most naturall and in it Unity is the best cement of all government principally in respect of the unity of the Head which commands the rest And therefore other States when they have tryed a while doe for the most part resolve into this as into the best for Peace for Strength and for Continuance But formes of other governments though never so exact move not of themselves but are moved of their governours And therefore our Monarchie as you have truly said this glorious Assemblie the lively image and representation of our Monarchie is made happy and perfect by the Royall Presence that sits here in his highest Royal Throne the Throne of the Law-giver glorious in it selfe glorious by those happy Lawes and Oracles which have issued from it and most glorious by them that sit on it his Majestie and his Royall Progenitours incomparable Kings that with so much honour have swayed the Sceptre of this Kingdome so many successions of Ages In the next place after the Throne of Majestie you look into the Chaire of Doctrine the reverend Prelates and upon the state of Religion their proper charge This is the blessing of all blessings the priviledge and assurance that secures us of all the rest that as our Religion is most sincere and orthodoxe so our Clergie is eminent both for purity of Doctrine and integritie of Life our Priests are clothed with righteousnesse and their lips preserve knowledge and therefore God's Saints may and doe sing with joyfulnesse I must joyn with you in attributing this transcendent blessing to us as in the first place to God's goodnesse so in the second to his Majestie 's piety who following the steps of his ever-blessed Father is carefull that all the Lamps of the Church may be furnished with Oyle and especially those which are set on golden Candle-sticks with the purest and best oyle The Schools also and nurceries of Learning never so replenished especially with Divinity as in this last Age as they all shew his Majestie 's Piety so are they infallible Arguments of his Constancy The triall which you call the fierie triall undergone by his Majestie in the place of danger and again the power and policie of Rome and Spaine hath approved his resolution inimitable and his own remarkable example in his closet and his chamber his strict over-sight of and command to his Houshold servants and his charge to his Bishops and Judges his Edicts his Proclamations and Commissions and the like for the execution of the Lawes and his general care to preserve the fountain pure both from Schisme and Superstition are faire fruits and effects of a pious and zealous resolution From the chaire of Doctrine you turn to the state of Honour unto the Nobles and Barons of England These are Robur belli who for the service of the King and Kingdome are to make good with their Swords what the Church-men must hallow and blesse by their Prayers And therefore as the Prelates are the great Lights of the Church so the Nobility are the Starres of the State and you know that the starres have fought and fought powerfully against the enemies of God From the state of Honour you come to the state of Justice and to the twelve Lyons under Solomon's Throne the Iudges and Sages of the Law and as their peculiar charge intrusted to them by our Sovereigne the Lawes of the Kingdome Lawes undoubtedly fitted to the constitution of this people for Leges Angliae and Consuetudines Angliae are Synonyma and Confuetudo est alter a natura so as besides the justnesse and rightnesse of the Lawes they are become naturall to our people and that is one of the powerfullest meanes which begetteth obedience and such Lawes in the mouthes of learned and upright Judges are like waters in a pure chanel which the fairer it runs the clearer they run and produce that whereof Solomon speaks Prov. 29. 2. When the righteous are in authority the People rejoyce From the Law you passe to the Knights Citizens and Burgesses and the third Estate who represent the Commons of England in whom the Scripture is verified In the multitude of People is the Kings honour and therefore you may be sure that distance of place and order breeds no distance in affection for wise Kings everlay their honour next to their hearts Kings are Pastores populi and the Shepherds care is nothing lesse to the furthest then to the next part of his Flock and it is asmuch towards the least of his Lambs as towards the greatest Cattel And as in the Natural bodie no member is so remote but it is still within the care of the head so in this great Politick bodie of the Kingdome no ranck or order of People so low is at such distance from the Throne but it dayly feeles the influence and benefit of the Kings care and protection And to say the truth in a well-governed Kingdome the superiour rancks of Nobles of Judges and of Magistrates are not ordained for themselves but as conduits for the Kings justice protection and goodnesse to the lower rancks of his People And as the People are so its just cause they should be constant to the Poles of Love and Loyalty And thus having perused both Houses by divided parts joyn them together and in that juncture you believe truly and materially that the greatest denyal of their joynt requests is The King
joy to see this day Sir John Elliot in answer to M r Secretary Cokes Message of Thanks from the King and the Duke of Buckingham delivered in the Commons House of Parliament 5. April 1628. M r. Speaker I Presume we have all received great satisfaction from his Majestie as at other times so now in his gracious answer and resolution for the businesse of this House his answer to our Petition for Religion so particularly made his resolution in that other consideration concerning the point already settled here in Declaration of our Liberties and for the Parliament in generall that he hath taken so good a liking to our manner of proceeding as it hath gained his promise therein to meet often where I am made confident as of his grace to us so of our Loyalties that to thus good a Beginning we should adde so happy a Conclusion as shall increase that liking and good opinion in his Majestie and from henceforth make him more and more in love with Parliaments As thus in generall so in my particular I receive excellent satisfaction herein so as I have not words enough sufficiently to utter it And yet I confesse that extremity of joy is not without trouble which must likewise be declared to disburden this affection which cannot otherwise so lively and so faithfully expresse me in the service of the House as I have resolved I know not what â—atality or infortunity crept in but I observe in the close of that Relation no mention of any other in addition to his Majesty and that which formerly hath been a matter of complaint here I find it still the mixture with his Majestie not only in his businesse but in name Is it that any man conceives the mention of others of what quality soever can adde encouragement or affection to us in our Duties and Loialties towards his Majestie or give them greater latitude or extent then naturally they have Or is it supposed that the power or interest of any man can adde more readinesse to his Majesty in his gracious inclination to us then his own goodnesse gives him I cannot believe it And as the Sweetnesse and Pietie of his Majesty which we have in admiration makes me confident in this so the expression of our Dutie so perspicuous and cleer as already hath been given is my assurance for the other But Sir I am sorry there is this occasion that these things should be argued or this mixture which was so meerlie condemned should appear again I beseech you Sir let it not be hereafter let no man take this boldnesse within these walls to introduce it though I confesse for my particular I shall readily commend nay thank that man whose endeavours are applyed to such offices as may be advantageable for the publick yet in this manner so contrarie to the customes of our Fathers and the honour of our Times as I cannot without Scandall apprehend it I cannot without some Character or exception passe it And therefore I desire that such interposition may be left and that all other **** respects and goodnesses of his Majesty in the confidence of our own loyaltie and affections Now let us proceed to those services that concern him which I doubt not in the end will render us so reall unto him that we shall not need more help to endear us to his favour A Message by Secretary Coke from the King to the Lower House April 7. 1628. HIs Majesty hath again commanded me to put you in mind how the eyes and interest of the Christian World are cast upon the good or ill successe of this Assemblie He also graciously taketh notice of that which is in agitation amongst us touching the freedome of our Persons and propriety of our Goods And that this particular care which he in no way misliketh may not retract our resolution for the generall good he willeth us cheerfully to proceed in both and to expresse our readinesse to supply his great Occasions upon assurance that we shall enjoy all our Rights and Liâ—â—rties with as much freedome and security in his time as in any age heretofore under the best of our Kings And whether you shall think fit to secure our selves herein by way of Bill or otherwise so as it be provided for with due respect to his Honour and the publick good whereof he doubteth not but you will be carefull he promiseth and assureth you that he will give way unto it and the more confidence you shall shew to his Grace and Goodnesse the more you shall prevaile to obtain your desires Sir Benjamin Ruddier's Speech upon the receipt of his Majestie 's Answer to the Petition against Recusants M r Speaker THe best thanks we can return his Majesty for his gracious and religious answer he hath given to our Petition is to move towards that which will both please him and secure our selves The dangers and necessities of the present state M r Speaker are so obvious to every mans eye and understanding and therefore so well known as to make a large and particular rehearsall of them would rather astonish our judgements then refresh our memorie Wherefore in short and in grosse I will but only reflect upon the desperate condition of the Kings Uncle the King of Denmarke engaged from hence even to the hazzard of his own Kingdome in the quarrell of that royall and victorious Lady his Majesties Sister for the recovery of her and her childrens patrimony the preservation and reestablishment of the Religion in those Countreys so that the King is bound in nature in policie and in religion to relieve and assist both the persons and the cause to the utmost of his power Believe it M r Speaker the hindge of the many businesses mov'd in Germany doth not a little presse us to look about us at this time for if that great bodie were once united under one head it would crush all the rest with the weight of it Next let us a little look over into France there shall we find the poor men of our Religion exposed to the furie of an enraged King with a juster pretence against them then hath been at any time heretofore besides which is worse the Kings of Spain and France are united against them and us and made better friends then ever they meant to have been So that not to succour and support the Professours of our Religion will not only be infidelity and cruelty but improvidence and folly for their ill is ours If Rochel should be lost which is now in loosing and his Majesty not able to set out one ship to help it if it should be lost it would hazzard the totall extirpation of the Religion besides it would be an extraordinarie advantage to the King of France for shipping and as great a disadvantage to us in respect of the neighbourhood and if the Sound should be lost too whereby should we escape from being swallowed up by a Spanish invasion this Island would be more like to
appellatus est habet Literas Regis Vic. Northampton quod ponatur per ballium Clauss anno quinto E. 1. M. 1. Mandat est Galfrido de Nevill Justic. Forrest ultra Trent quod si Walter de Le Greve capt detent in prisona de Nott. pro transgressione forrest invenerit sibi 12 probos legales homines c. qui eum manucapiunt c. ad stand inde rect secundum Ass. Forr. Regis tunc ipsum Walterum praedict 12 traditur in ballium sicut praedict est dat 16. die Novembris Mem. 2. Thomas de Vpwell Iul. uxor ejus capti detenti in prisona de VVynbatesham pro morte Stephani Soutbell unde rectati sunt habent Litteras Vicecom Norff. quod ponatur per ballium dat apud Rochelan vicesimo octavo die Septembris Clauss anno 6. E. 1. Num. 2. Bitheries Pesle captus detentus in prisona Regis de Norwich promorte Iulian quondam ux suae unde rectatus est habet Literas Vicecomiti Norfolciae quod ponatur per ballium Teste Rege apud Westmonasterium duodecimo die Novembris M. 4. Mandat est Vicecomiti Notting scilicet quod Thomas de Cadurte rectat de transgressione forr quam fecisse dicebatur in forresta de Sherwood invenerit sibi sex probos legales homines de balliva sua qui eum manucapiunt habere coram Râ—ge ad mandat Reg. ad stand rect coram Rege cum Rex inde cum eum loqui voluerit tunc praedict Thomas sex hominibus traditur in ballium juxta manucapt supra dict dat decimo quinto die Decembris M. 4. Thomas Burell captus detentus in prisona Regis Exon pro morte Galfridi Geffard unde rectatus est habet Literas vicecomiti Devon quod ponatur per ballium Clauss anno primo Edw. 2. Membr 1. Iohannes Brun de Rollenwrith captus detentus in prisona Regis Oxon. pro morte Iohannis de Sutton unde rectatus est habet Literas Regis Vicecomiti Oxon. quod ponatur per ballium usque ad primam Ass. si ea occasione c. Teste Rege apud Bristoll 28 die Iunii M. 2. Will. Spore Capellanus captus detentus in prisona Regis Exon. pro morte Iohannis Spore unde indictatus est habet Literas Regis Vicecomiti Devon quod ponatur per ballium usque ad primam Assisam si ea occasione c. Teste Rege apud Wynds 28 die Maii. Numero 10. Gilbertus Fairchild captus detentus in Gaola Regis Dorcestr pro morte Henriâ— de Langten molendinarii unde indictatus est habet Literas quod ponatur per ballium usque ad primam Assisam T. Rege apud Westm. 28 die Februarii Clauss anno 2. E. 2. M. 1. Willielmus Sandre de Cobeham captus detentus in prisona Regis Cant. pro morte Iohannis de sprincke Iohannis Ermond de Dunberke unde rectatus est habet Literas Vicecancellario quod ponatur per ballium usque ad primam Assisam si ea occasione c. Teste Rege apud Cestr. vicessimo octavo die Iunii Radulphus Cosyn captus detentus in Gaola Regis Lanc. pro morte Will. filius Simonis Le Porter unde rectatus est habet Literas Regis Vic. Lanc. quod ponatur per ballium usque ad primum Assisam si ea occasione c. Teste Rege apud Shene tertio die Iunii M. 7. Iohannes de Githerd captus detentus in prisona Regis Eborac promorte Matth. Sampson de Eborac unde rectatus est habet Literas Regis vicecomiti Ebor. quod traditur per ballium usque ad primam Assisam dat apud Langele quinto die Aprilis Clauss anno tertio Edw. 2. M. 3. Adam le Pepper captus detentus in Gaola Regis Ebor. pro morte Henrici Le Sumer de Estricke unde rectatus est habet Literas Regis Vicecomiti Ebor. quod ponatur per ballium usque ad primam Assisam Teste Rege apud Westm. septimo die Februarii Deponend in ballium N. 14. Margaret uxor Willielmi Calbot capta detenta in Gaola Regis Norwici pro morte Agnet filiae Willielmi Calbot Maltidae sororis ejusdem Agnetis unde rectata est habet Literas Regis Vicecomiti Norfolciae quod ponatur per ballium T. Rege apud Shene 22. die Ianuarii N. 16. Iohannes Frere captus detentus in Goala Regis Exon. pro morte Ade de Egolegh unde rectatus est habet Literas Regis Vicecomiti Devon quod ponatur per ballium Teste Rege apud Westm. septimo die Decembris Clauss anno 4. E. 2. M. 7. Robertus Sheren captus detentus in Gaola Regis de Colchester promorte Roberti Le Maigne unde rectatus est habet Literas Regis Vicecomiti Essex quod ponatur per ballium usque ad primam Assisam dat 22 die Maii. M. 8. Willielmus filius Roberti Le Fâ—shere de Shirbourne captus detentus in Goala Regis Ebor. pro morte Roberti Le Monnez de Norton unde rectatus est habet Literas Regis Vicecomiti Ebor quod ponatur per ballium usque ad primam Assisam dat 25 die Aprilis Clauss anno 4. Edw. 2. N. 22. Thomas Ellis de Stamford captus detentus in prisona Regis Lincoln pro morte Mich. filii Willielmi de Foddering unde rectatus est habet Literas Regis Vicecomiti Lincoln quod ponatur per ballium usque ad primam Assisam Teste rege apud novum Monasterium octavo die Septembris The Argument which by command of the House of Commons was made at their first conference with the Lords touching the Liberty of the person of every Free-man out of Presidents of Record and Resolutions of Judges in former times by M r Selden My Lords YOur Lordships have heard from the Gentleman that last spake a great part of the grounds upon which the House of Commons after mature deliberation proceeded to that cleer resolution touching the right of Liberty of their persons The many Acts of Parliament which are the written Lawes of the Land and are expresly in the point have been read and opened and such objections as have been by some made to them and some other objections also made out of other Acts of Parliament have been cleerly answered It may seem now perhaps my Lords that little remaines needfull to be further added for the enforcement and maintenance of so fundamentall and established a right and liberty belonging to every Freeman of the Kingdome But in the examination of Questions of Law or Right besides the Lawes or Acts of Parliament that ought chiefly to regulate and direct every mans judgement whatsoever hath been put in practise to the contrarie there are commonly also used former Judgements or Presidents and they indeed have been so used sometimes that the weight of Reason of Law and Acts of Parliament hath been said by and resolutions have
what the cause is then in any other The fourth of these is in the time of Queen Mary It is Pasche 2. and 3. Phil. and Mar. Rot. 58. Overtons case Richard Overton was returned upon a habeas Corpus directed to the Sheriffs of London to have been committed to them and detained per mandatum prenobilium virâ—râ—m honorabilis Concilii Dominorum Regis Regina Qui committitur Marescallo c. immediate traditur in ballium In answer to this President or by way of objection against the force of it hath been said that this Overton stood at that time indicted of Treason It is true he was so indeed but that appeares in another Roll that hath no reference to the Return as the Return hath no reference to that Roll. Yet they that object this against the force of this President say That because he was indicted of Treason therefore though he was committed by the command of the Lords of the Councell without cause shewed yet he was bailable for the Treason and upon that was here bailed Then which Objection nothing can be or is more contrarie to Law or common Reason It is most contrarie to Law for that cleerly every Return is to be adjudged by the Court out of the body of the Writ it self not by any other collaterall or forrain Record whatsoever Therefore the matter of Indictment here cannot in Law be cause of the bailing of the Prisoner And it is so adverse to all common Reason that if the objection be admitted it must of necessity follow that whosoever shall be committed by the King or the Privie Councell without cause shewed and be not indicted of Treason or some other offence may not be inlarged by reason of the supposition of matter of State But that whosoever is so committed and withall stands so indicted though in another Record may be inlarged whatsoever the matter of State be for which he was committed The absurdity of which assertion needs not a word for further confutation as if any of the Gent. in the last Judgement ought to have been the sooner delivered if he had been also indicted of Treason Certainly if so Traitours and Fellons had the highest priviledges of personall Liberty and that above all other Subjects of the Kingdome The first of this first kind is of Queen Marie's time also It is Pasche 4. 5. P. M. Rot. 45. the Case of Edward Newport He was brought into the Kings Bench by habeas Corpus out of the Tower of London cum causa viz. Quod commissus fuit per mandatum Conciliorum Dominae Reginae Qui committitur Marr. c. et immediate traditur in ballium To this the like kind of answer hath been made as in that other Case of Overton next before cited They say that in another Roll of another Terme of the same year it appears he was in question for suspicion of Coyning And it is true he was so But the Return and this Commitment mentioned in it have no reference to any such offence nor hath the Bailment of him relation to any thing but to the absolute Commitment by the Privie Councell So that the answer to the like objection made against Overton's Case satisfies this also The sixth of these is of Q. Elizabeth's dayes It is Mich. 9. Eliz Rot. 35. the Case of Thomas Lawrence This Lawrence came in by habeas Corpus returned by the Sheriffs of London to be detained in prison per mandatum Concilii Dominae Reginae Qui committitur Marescallo c. super hoc traditur in ballium An Objection hath been invented against this also It hath been said that this man was pardoned and indeed it appeares so in the margent of the Roll where the word pardonatur is entred But cleerly his enlargement by Baile was upon the Bodie of the Return only unto which that Note of Pardon in the Margent of the Roll hath no relation at all And can any man think that a man pardoned for what offence soever it be might not as well be committed for some Arcanum or matter of State as one that is pardoned The seventh of these is in the same yeare and of Easter Terme following It is Pasche 9. Eliz. Rot. 68. Robert Constable's Case He was brought by habeas Corpus out of the Tower and in the Return it appeared he was committed per mandatum privati Concilii dict Dominae Reginae Qui committitur Marr. postea isto eodem Termino traditur in ballium The like Objection hath been made to this as to that before of Lawrence but the self same Answer cleerly satisfies for both of them The eighth is of the same Queens time in Pasche 20. Eliz. Rot. 72. Iohn Browning's Case This Browning came by habeas Corpus out of the Tower whether he had been committed was returned to have been committed per privatum Concilium Dominae Reginae Qui committitur Maresc Et postea isto eodem Termino traditur in ballium To this it hath been said That it was done at the chief Justice Wraye's Chamber and not in Court and thus the authoritie of the President hath been lessened and sleighted If it had been at his Chamber it would have proved at least thus much That S r Christopher Wraye then chief Justice of the King's Bench being a grave learned and upright Judge knowing the Law to be so did baile this Browning and so enlarge him And even so farre were the President of value enough But it is plain that though the habeas Corpus were returnable indeed as it appeares in the Record it self at his Chamber in Serjeant's Inne yet he only committed him to the Kings Bench presently and referred the consideration of enlarging him to the Court who afterwards did it For the Record saith Et postea isto eodem Termino traditur in ballium which cannot be intended of an enlargement at the chief Justice his Chamber The ninth of this first kind is in Hill 40. Eliz. Rot. 62. Edward Harecourts Case He was imprisoned in the Gate-house and that per Dominos de private Concilio Dominae Reginae pro certis causis eos moventibus et ei ignotis and upon his habeas Corpus was returned to be therefore only detained Qui committitur Marr. c. Et postea isto eodem Termino traditur in ballium To this never any colour of answer hath been yet offered The tenth is Catesbies Case in the Vacation after Hillary Terme 43. E. Rot. 37. Robert Castesby was committed to the Fleet per warrant diversorum prenobilium virorum de private Concilio Dominae Reginae He was brought before Justice Fennor one of the Judges of the Kings Bench by habeas Corpus at Winchester House in Southwark commissus fuit Marr. per praesat Edw. Fennor statim traditur in ballium The eleventh is Richard Beckwith's Case which was in Hillary 12. of King Iames R. 153. He was returned upon his habeas Corpus to have
Lord as this writ de odio acia was before this statute so it was afterwards taken away by the statute of 28 Ed. 3. cap. 9. But before that sttatute this writ did lie in the speciall Case as is shâ—wn in Brooks 9 th Reports Powlters Case and the end of this writ was that the Subject might not be too long detained in prison as till the Justices of Eyre discharged them so that the Law intended not that a man should suffer perpetuall imprisonment for they were very carefull that men should not be kept too long in prison which is also a Liberty of the Subject and my Lord that this Court hath bailed upon a suspicion of high treason I will offer it to your Lordship when I shall shew you presidents in these cases of a commitment by the Privy Councell or by the King himself But before I offer these presidents unto your Lordship of which there be many I shall by your Lordships favour speak a little to the next exception and that is the matter of the return which I find to be per speciale mandatum domini Regis 8. and what is that it is by this writ there may be sundry commands by the King we find a speciall command often in our Books as in the statute of Marlborough cap. 8. they were imprisoned Rediss shall not be delivered without the speciall command of our Lord the King and so in Bracton De Actionibus the last chapter where it appears that the Kings commandment for imprisonments is by speciall writ so by writ again men are to be delivered for in the case of Rediss ' or Post Rediss ' if it shall be removed by a Certiorare is by a speciall writ to deliver parties so that by this appears that by the Kings commandment to imprison and to deliver in those cases is understood this writ and so it may be in this case which we have heard And this return here is a speciall Mandatum it may be understood to be under some of the Kings Seals 42 Ass. and ought to be delivered and will you make a difference between the Kings command under his seal and his command by word of mouth what difference there is I leave it to your Lordships judgement but if there be any it is the more materiall that it should be expressed what manner of command it was which doth not here appear and therefore it may be the Kings command by writ or his command under his Seal or his command by word of mouth alone And if of an higher nature there is none of these commands then the other doubtlesse it is that by writ or under seal for they are of record and in these the person may be bailed and why not in this As to the legall forme admitting there were substances in the return yet there wants legall form for the writ of Habeas Corpus is the commandment of the King to the Keeper of the prisons and thereupon they are to make return both of the body and of the cause of the commitment and that cause is to appear of them who are the immediate Officers And if he doth it by signification from another that return is defective in Law and therefore this return cannot be good for it must be from the Officer himself and if the cause returned by him be good it bindes the prisoners The warrant of the Lords was but a direction for him he might have made his return to have been expresly by the Kings commandment there was a warrant for it I shall not need to put you cases of it for it is not enough that he returns that he was certified that the commitment was by the Kings command but he must of himself return this fact as it was done And now my Lord I shall offer to your Lordship presidents of divers kindes upon commitments by the Lords of the Privy Councel upon commitments by the speciall command of the King and upon commitments both by the King the Lords together And howsoever I conceive which I submit to your Lordship that our case will not stand upon presidents but upon the fundamentall Laws and Statutes of this Realm and though the presidents look the one way or the other they are to be brought back unto the Laws by which the Kingdome is governed In the first of Henry the eighth Rot. Parl. one Harison was committed to the Marshalsey by the command of the King and being removed by Habeas Corpus into the Court the cause returned was that he was committed per mandatum Domini Regis and he was bailed In the fortieth of Elizabeth Thomas Wendon was committed to the Gatehouse by the commandment of the Queen and Lords of the Councell and being removed by an Habeas Corpus upon the generall return and he was bailed In 8 Iacobi one Caesar was committed by the Kings commandment and this being returned upon his Habeas Corpus upon the examination of this case it doth appear that it was over-ruled that the return should be amended or else the prisoner should be delivered The presidents concerning the commitment by the Lords of the Councell are in effect the same with these where the commitment is by the reason why the cause of the commitment should not be shewn holds in both cases and that is the necessity of suit and therefore Master Stamford makes the command of the King and that of the Lords of the Privy Councell to be both as one and to this purpose if they speak he speaks and if he speaks they speak The presidents that we can shew you how the Subject hath been delivered upon commitment by the Lords of the Councell as in the time of Henry the eight as in the times of Queen Elizabeth Queen Mary are infinite as in the ninth of Elizabeth Thomas Lawrence was committed to the Towre by the Lords of the Councell and bailed upon an Habeas Corpus In the 43 of Elizabeth Calvins case In the third of Elizabeth Vernons case These were committed for high treason and yet bailed for in all these cases there must be a conviction in due time or a deliverance by Law There be divers other presidents that might be shewn to your Lordship In 12 Iacobi Miles Renards In 12 Iacobi Rot. 155. Richard Beckwiths case In 4 Iacobi Sir Thomas Monson was committed for treason to the Towre of London and afterwards was brought hither and bailed and since our case stands upon this return and yet there is no sufficient cause in Law expressed in the return of the detaining this Gentleman and since these presidents do warrant our proceedings my humble suit unto this Court is that the Gentleman Sir Iohn Henningham who hath petitioned his Majesty that he may have the benefit of the Law and his Majesty hath signified it it is his pleasure that justice according to the Law should be administred at all times in generall to all his Subjects and particularly to
especially are to be taken into consideration the defence of Rochell the Elve and the Forts He perswades to give bountifully and though the people do not presently pay it yet it gives the King credit abroad and much advanceth his affairs We have already by our carriage and temper taken the Kings heart which he adviseth we make good use of S r. DUDLY DIGGS FOr to try and examine faithfully the Propositions he refers it to the Judgement of the House whether it be fit to handle the business in order or to give in gross considering that the Bill of Tonnage and Poundage is now brought into the House which he thinks they conceive to be given for the safe-guarding of the Seas Mr. SPENCER IN no Case to enter into particulars That formerly hath been given 5. Subsedies for the repairing of the Forts and no penny bestowed on them but the money wasted in dishonour Mr. IOHN ELLIOT THat our late disasters at Calis Reez might discourage us from thinking of forreign attempts At Calis when we neglected the taking of the Spanish Fleet in the Harbour nothing attempted at our landing but drincking and disorder no good account given at the return Concerning service at S. Martins the whole account carried against the Judgement of the best Commanders which makes all the World despise and condemne us besides the inriching of the Enemy with kindenesses and parling with the Forts with presents which time will bring to light Sr. EDWARD COKE THat when England stood alone without friends and addition of Kingdoms as 42. E. 3. the King wholly guided by his Parliament-Councel brought alwayes home Victories both against France and Scotland his 4. reasons of it were 1. Good Councel 2. Valiant Leaders 3. Timely provision 4. Good imployment and fore-cast And likewise in Ric. 2. Hen. 4. Hen. 5. He desires to give plentifully and that in gross not to examine the particulers alleadging Solomon's rule qui repetit separat for said he if we rip them up we sever them for ever And in that Proposition for setting forth 30. ships shall we both pay Tonnage and Subsedies for them This will draw a dangerous President Likewise that other in setting forth God knows whether a 1000. Horse and 10000. Foot being not able to set them forth how shall we look to maintain them abroad That in an Iland the defensive War is best and most proper To conclude our guift in gross will serve best with these times for by that course we shall seem to allow all the Propositions and except against none S r. THOMAS WENTWORTH THat he will look after the Iland of England and no further except our Fortunes were better That as he is bound in duty to the King so in faithfull love to his Countrey That our freedom and Liberty being known and granted we then may proportion our guift His conclusion was that the â—inal debate of this question may be laid aside untill Friday and in the mean time go on with our grievances S r. HENRY MARTIN NOt to dash the Ship of the Common-wealth twice upon one Rock The disease that we are now sick of is the Kings Evil which none but himself can cure and Iacob's example is our best Predent who wrestling with the Angel would not give over till he got the blessing That our often repetition of grievances breeds hate and dislike And because we have not to give what is asked Yet to give freely what we intend to give and so by this freeness we shall win the Kings heart M r. KERTON HE desires to know the Rock to the end we may avoid it and not to go back but forward in our conclusion S r. ROBERT PHILIPS HIs good hopes are in his Majesties royal care and wisdom That the free and great Councel is the best but time and hope of change is coming towards us Rome and Spain trench deeply into our Councels That heretofore there hath been a fair progress on both parts according to the saying of the late King If the Parliament did or should give more then the Countrey could bear they gave him a purse with a knife in it Serjant HOSKINS THat knowing our own rights we shall be better enabled to give Two legs go best together our just grievances and our supply which he deâ—ires may not be seperated for by presenting them together they shall be both taken or both refused Serjant ASHLEYS Argument seconding M r. ATTORNEY in the behalf of his MAJESTIE I Hope it will be neither offensive nor tedious to your Lordships if I said somewhat to second M r. Attorney which I the rather desire because yesterday it was taken by the Gentlemen of and argued on the behalf of the Commons that the cause was as good as gained by them and yielded by us in that we acknowledged the Statute of Magna Charta and the other subsequent Statutes to be yet in force for on this they inforced this general conclusion That therefore no man could be committed or imprisoned but by due process presentment or indictment Which we say is a non sequitur upon such our acknowledgement for then it would follow by necessary consequence that no imprisonment could be justified but by process of Law which we utterly deny For in the cause of the Constable cited by M r. Attorney it is most clear that by the ancient Law of the Land a Constable might ex officio without any Warrant Arest and restrain a man to prevent an affray or to suppress it And so is the Authority 38. Hen. 8. Brooks abstract So may he after the affray apprehend and commit to Prison the Person that hath wounded a man that is in peril of death and that without Warrant or Process as it is in 38. E. 3. fol. 6. Also any man that is no Officer may apprehend a Fellon without Writ or Warrant or pursue him as a Wolf and as a common enemy to the Common-wealth as the Book is 14. H. 8. fol. 16. So might any one arrest a Night-walker because it is for the common profit as the reason is given 4. Hen. 7. fol. 7. In like manner the Judges in these several Courts may commit a man either for contempt or misdemeanour without either Process or Warrant other then take him Shrief or take him Marshall or Warden of the Fleet. And the Adversaries will not deny but if the King will alleadge cause he may commit a man per mandatum as the Judges do without Process or Warrant And various are the cases that may be instanced wherein there may be a Lawfull commitment without Process Wherefore I do possitively and with confidence affirm that if the imprisonment be Lawfull whether it be by Process or without Process it is not prohibited by the Law Which being granted then the question will aptly be made whether the King or Councel may commit to Prison per legâ—m terrâ— were onely that part of the Municipal Law of this Realm which we call the
he doth willingly give way to have the abuse of power reformed by which I do verily believe that he doth very well understand what a miserable power it is which hath produced so much weakness to himself and to the Kingdom and it is our happiness that he is so foreward to redress it For my own part I shall be very glad to see that good old decrepit Law of Magna Charta which hath so long kept in and lain as it were bedrid I should be glad I say to see it walk abroad again with new vigour and lustre attended by the other six Statutes questionless it will be a general hartning to all the People I doubt not but by a debating conference with the Lords we shall happily fall upon a fair and fit accommodation concerning the Liberty of our Persons and propriety of our goods I hope we have a Bill to agree in the point against imprisonment for Loanes or privy Seals as for intrincical power and reason of State they are matters in the clouds where I desire we may leave them and not meddle in them at all least by way of admittance we may loose somewhat of that which is our own already Yet this by the way I will say of reason of State that in the latitude as it is used it hath eaten out almost not onely all the Laws but all the Religion of Christendom Now M r. Speaker I will onely remember you of one precept and that of the wisest Man Be not overwise be not over just and he cited his reason for why wile thou be desolate Sir if Justice and Wisedom may be stretcht to desolation let us thereby learn that moderation is the virtue of virtues and the wisedom of wisedomes Let it be our Master-piece so to carry our business as we may keep Parliaments on foot for as long as they are frequent there will be no irregular power which though it cannot be broken at once yet in short time it will fade and moulter away there can be no total and final loss of Liberty but by loss of Parliaments as long as they last what we cannot get at one time we may have at another Let no man think that what I have said is the language of a private end my aim is upon the good success of the whole for I thank God my minde stands above any fortune that is to be gotten by base and unworthy means No man is bound to be rich or great no nor to be wise but every man is bound to be honnest out of which heart I have spoken The Lord KEEPERS speech 28. April 1628. MY Lords Knights and Burgesses of the House of Commons I cannot but remember the great and important affairs concerning the safety both of State and Religion declared at first from his own mouth to be the cause of assembling this Parliament the fear whereof as it doth dayly increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger encreaseth every day both by effluction of time and preparation of the enemy Yet his Majesty doth well weigh that this expence of time hath been occasion by the debate that hath risen in both Houses touching the Liberty of both Subjects in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not deminish nor blemish his Royal and just Prerogative so he presumes ye will all confess it a point of extraordinary grace and Justice in him to suffer it to rest so long in dispute without interruption But now his Majesty considering the length of time which it hath already taken and fearing nothing so much any future loss as that whereof every hour and minute is so precious and foreseeing that ordinary way of debate though never so carefull must in regard of the forms of both Houses necessarily take up more time then the affairs of Christendom can permit his Majesty out of his great and Princely care hath thought it expedient to shorten the business by declaring the clearness of his own heart and intention And therefore he hath commanded me to let you know that he holds the Statute of Magna Charta and the other 6. Statutes insisted on for the Subjects Liberty to be all in force and assureth you that he will maintain all his Subjects in the just freedom of their Persons and in safety of their estates and that he will Govern according to the Laws and Staâ—â—tes of the Realm and that you shall finde as much security in his Majesties Royal word and promise as in the strength of any Law you can make so that hereafter you shall never have cause to complain The conclusion is this that his Majesty prayeth that God who hath hitherto blessed this Kingdom and hath put into his heart this day to come unto you will make the success hereof happy both to King and People And therefore he desireth that no doubt or mistrust may possesse any man but that you all will proceed speedily and unanimously with the business The Bishop of EXCETERS Letter sent to the House of COMMONS 28. April 1628. Gentlemen FOr God sake be wise in your well meant Zeal why do you argue away precious time that can never be revoked or repaired Woe is me while we dispute our friends perish and we must follow them where are we if we break and I tremble to think we cannot but break if we hold so stiff Our Liberties and proprieties are sufficiently declared to be sure and legal our remedies are clear and irrefragable what do we fear every Subject sees the way now chalked out for future Justice and who dares henceforth tread besides itâ— Certainly whilest Parliaments live we need not misdoubt the violations of our Freedoms and Rights May we be but where the Law found us we shall sufficiently enjoy our selves and ours It is no season to search for more Oh let us not whilest we over-rigedly plead for an higher strain of safety put our selves into a necessity of ruine and utter despair of redress Let us not in the suspition of Evils that may be cast our selves into a present confusion If you love your selves and your Countrey remit some thing of your own terms and since the substance is yielded by your Noble Patriots stand not too rigorously upon points of circumstance Fear not to trust a good King who after the strict Laws made must be trusted with the execution Think that your Countrey nay Christendom lies on the mercie of your present resolutions Relent or farewell welfare From him whose faithfull heart bleeds in a vowed sacrifice for his King and Countrey EXCETER M r. HACK VVELL of LINCOLNS-INNE his Speech in the Lower-House 1. May 1628. SIR I Chose rather to discover my weakness by speaking then to betray my conscience by silence My opinion is that we shall do well totally to omit our resolution out of
may be said that the offence was of that nature that the time of his imprisonment before the Return was a sufficient punishment and we may be frequently imprisoned in this manner and never understand the cause and have often such punishment and have no means to justifie our selves and for all these proceedings this Law will be the justification or colour 2. If by this Act there be a Tolleration of imprisonment without shewing cause untill the Return of the Habeas Corpus yet it is possible to accompany that imprisonment with such circumstances of close restraint and others which I forbear to express as may make an imprisonment for that short time as great a punishment as a perpetual imprisonment in our ordinary manner 3. The party may be imprisoned a long time before he shall come to be delivered by this Law The place of his imprisonment may be in the furthest parts of this Kingdom The Judges always makes the Return of the Habeas Corpus answerable to the distance of the Prison from Westminster The Goaler may neglect the Return of the first Process and then the party must procure an alias and the Goaler may be then in some other imployment for the King and excuse the not returning of the body upon that Process and this may make the imprisonment for a year and in the end no cause being returned the party may be discharged but in the mean time he shall have imprisonment he shall never know the cause he shall have no remedy for it nor be able to question any for injustice which have not a justification or excuse by this Law 4. The party may be imprisoned during his life and yet there shall be no cause ever shewn I will instance in the manner a man may be committed to the furthest part of the Kingdom Westward he obtains an Habeas Corpus Before the Goaler receives the Habeas Corpus or before he returns it the Prisoner by Warrant is removed from that Prison to another it may be the furthest Northern part of the Realm the first Goaler returns the special Matter which will be sufficient to free himself and in like manner the Prisoner may be translated from one Prisoh to another and his whole life shall be a preregrination or wayfairing from one Goal to another and he shall never know the cause not be able to compalin of any who cannot defend their actions by this Bill 5. If the Prisoner be brought into the Court by Habeas Corpus and no cause expressed and thereupon he be enlarged he may be partly committed again and then his enlargement shall onely make way for his commitment and this may continue during his life and he shall never know the cause and this not remedied but rather permitted by this Act. And there are also considerable in this Matter the expence of the party in Prison His Fees to the Goaler his costs in obtaining and prosecuting an Habeas Corpus and his charges in removing himself attended with such as have the charge of his conduct and that the Prisoner must sustain all without satisfaction or knowing the cause The onely reason given by those of the other opinion That it is requisite the King and Councel should have power to command the detainer of a man in Prison for sometime without expressing the cause is because it is supposed that the manifestation of the cause at first may prevent the discovery of a Treason The reason is answered by the remedy proposed by this Act it being proposed that it shall be provided by this Bill that upon our commitment we may have instantly recourse to the Chancery for an Habeas Corpus retornable in that Court which is alwayes open that partly upon the receipt thereof the Writ must be returned and the cause thereupon expressed If then this remedy be really the cause of commitment must partly appear which contradicts the former reason of State And in my own opinion we ought not onely to take care that the Subject should be delivered out of Prison but to prevent his imprisonment The Statute of Magna Charta and the rest of the Acts providing that no man should be imprisoned but by the Law of the Land And although the King or Councel as it hath been objected by might may commit us without cause notwithstanding any Laws we can make Yet I am sure without such an Act of Parliament such commitment can have no Legal colour and I would be loath we should make a Law to endanger our selves for which reasons I conceive that there being so many wayes to evade from this Act we shall be in worse case by it then without it providing no remedy to prevent our imprisonment without expressing the cause to be Lawfull and administers excuses for continuing us in Prison as I have before declared and thus for providing for one particuler out of reason of State which possibly may fall out in an age or two we shall spring a leak which may sinck all our Liberties and open a gap through which Magna Charta and the rest of the Statutes may issue out and vanish I therefore conclude that in my poor understanding which I submit to better Judgements I had rather depend upon our former resolutions and the Kings gracious Declarations then to pass an Act in such manner as hath been proposed The Speakers speech to his MAJESTY in the Bancketting-House 5. May 1628. Most gracious and dread Soveraign YOur Loyal and dutifull Subjects the Commons assembled in Parliament by several Messages from your Majesty especially by that your must Royal Declaration delivered by the Lord Keeper before both Houses have to their exceeding joy and comfort received many ample expressions of your Princely care and tender affection towards them with a gracious promise and assurance that your Majesty will govern according to the Laws and Statutes of this Realm and so maintain all your Subjects in the just freedom of their Persons and safety of their Estates that all their Rights and Liberties may be by them enjoyed with as much freedom and security in your time as in any age heretofore by their Ancestors under the best of your Royal Progenitors For this so great and gracious a favour enlarged by a continual intimation of your Majesties confidence in the proceeding of this House they do by me their Speaker make a full return of most humble thanks to your Majesty withall dutifull acknowledgement of your grace and goodness herein extended to them And whereas in one of these Messages delivered from your Majesty there was an expression of your desire to know whether this House would rest upon your Royal word and promise assuring them if they would it should be Royally and really performed As they again present their humble thanks for this seconding and strengthning of your former Royal expressions so in all humbleness they assure your Majesty that their greatest confidence is and ever must be in your gracious favour and
as you know almost the whole World in league against us nor will I mention of the leaving of the Wines the leaving of the Salt which were in our possession of a value as they said to answer much of our expence nor that wonder which no Alexander or Caesar ever did the inriching of the Enemy by courtesies when the Souldiers wanted help nor the private intercourses and Parlies with the Fort which continually were held what they intended may be read in the success and upon due examination thereof they would not want their proofs For the last Voyage to Rochell there needs no observations it is so fresh in memory Nor will I make an inference or Corolory and all your own knowledge shall judge what truth or what sufficiency they expressed For the next the ignorance and corruption of our Ministers where can you miss of instances if you survey the Court if you survey the Countrey if the Church if the Cittie be examined if you observe the Bar if the Bench if the Courts if the shipping if the Land if the Seas All these will render you variety of proofs and in such measure and proportion as shews the greatness of our sickness that if it have not some speedy remedy our case is most desperate M r. Speaker I fear I have been too long in these particulers that are past and am unwilling to offend you therefore in the rest I shall be shorter and in that which concerns the impoverishing of the King no other arguments will I use then such as all men grant The Exchequer you know is empty the Reputation thereof gone the ancient Lands are sold the Jewels pawned the Plate ingaged the Debt still great almost all charges both ordinary and extraordinary born by Projects What poverty can be greater what necessity so great what perfect English heart is not almost dissolved into sorrow for the truth for the oppression of the Subject which as I remember is the next particuler I proposed It needs no demonstration the whole Kingdom is a proof and for the exhausting of our treasures that oppression speaks it what waste of our provisions what consumption of our ships what destruction of our men have been witness that Journey to Argiers Withness that with Mansfield Witness that to Cales Witness the next Witness that to Rees Witness the last I pray God we may never have more such witnessess Witness likewise the Pallatinate Witness Denmark Witness the Turks Witness the Dunkerkers Witness all what losses we have sustained how we are impaired in Munition in Ships in Men. It hath no contradiction we were never so much weakned nor had less hope how to be restored These M r. Speaker are our dangers these are they do threaten us and those are like that Troiane 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 expell 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 antient English virtue that old Sparton valour cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficency 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 Antient English virtue thus rectefied 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 truely 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 safetie 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 S r. 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 A Report from the COMMITTEE for Trade 4. June 1628. IN all other parts of Christendom there is great care with much cost to raise Forts and walled Towns onely for defence in time of War and great charge to make Engines and Weapons to offend the Enemy of little or no use in time of Peace Whereas in England the Rampires and Bulwarks and Ships and those also for offence of the Enemy our best Weapons are Engines And this also in time of Peace best instruments of our Wealth even as usefull as the Plough or Cart. But our shipping and our strength of Marriners within these three years is much decayed in general But the decay of Trade through disturbance of the Merchant by new Impositions and troubles for want of a certain and well established book of Rate and Bill of Tonnage and Poundage used heretofore to be given for guarding of the Seas By reason that the Seas are not guarded so That our Coasts are infested Our Fishermen driven from their Trade And all our Coasting smaller shipping so disturbed or taken that in all parts of the Kingdom Sea-faring men give over and the Seas are forsaken More particularly THat of our shipping of countenance of 100. Tuns or upwards in the last three years there have been decayed cast away and taken by the Enemy between Dover and New-Castle 248. great ships and with them proportionable number of Marriners besides great and inestimable losses in less Vessels The causes whereof are diverse disorders in the late mannaging of Sea Affairs before the imployment of Ships and Men in his Majesties service FIâ—st By pressing and taking up Merchants ships laden and bound out upon Voyages Secondly By too frequent and general imbarques of shipping Thirdly By taking out of ships unseasonably and and unreasonable numbers their best men so forcing them ill Mann'd to Winter Voyages c. Fourthly By giving too little allowance of Wages and 2. shill. per Tun for Fraight of ships so taken being but half that which Marchants allow
discouragements and want of pay have either run away to the Enemy or betaken themselves to forraign service or to any other Trade rather then to lead a Sea-mans life to the inestimable loss and danger of the Kingdom The Kings Answer to the Remonstrance the 17 of June 1626. Gentlemen UPon my Answer to your Petition of Right I expected no such declaration from you which conteineth divers points of State touching the Church and Common-Wealth And I do conceive you do believe that I understood them better then your selves but since the reading thereof I perceive you understâ—nd these things less then I imagined notwithstanding I will take them into my consideration as they deserve The Kings Speech at the end of the Session June 26. IT may seem strange that I came so suddenly to end this Session therefore before I give any assent to the Bills I will tell you the cause though I must avow that I owe an accompt of my actions to none but to God alone It is known to every one that a while a go the House of Commons gave me a Remonstrance how acceptable every man maâ— judge and for the merrit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truely informed that a second Remonstrance is preparing for me to take away the profit of my Tonnage and Poundage one of the chief maintenances of the Crown by alleadging that I have given away my right thereof by my answer to your Petition This is so prejudiciall to me that I am forced to end this Session some few hours before I meant it being not willing to receive any more Remonstrances to which I must give an harsh answer And since I see to that end the House of Commons beginneth already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no was to trench upon my prerogative saying they had neither intention nor power to hurt it Therefore it must needs be conceived that I have granted no new but confirmed the ancient Liberties of my Subjects yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare that those things which have been done whereby many had some cause to suspect the libertie of the Subject to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn in example for your prejudice and in time to come in the word of a King you shall not have like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask never meant I am sure by me to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted in your Petition but especially you my Lords the Judges for to you onely under me belongs the interpretation of Laws for none of the Houses of Parliament either joynt or separate what new doctrine soever may be raised have any power either to make or declare a Law without my consent The Second Remonstrance Most Gratious Soveraign YOur Majesties most Loyall and Dutifull Subjects the Commons in this present Parliament Assembled being in nothing more carefull then of the Honour and prosperity of your Majesty and the Kingdom which they know doth much depend upon your happy Union and relation betwixt your Majestie and your people do with much sorrow apprehend that by reason the incertainty of their continuance together the unexpected interruptions which have been cast upon them and the shortness of time in which your Majestie hath determined to end this Session they cannot bring to maturity and perfection diverse businesses of waight which they have taken into consideration and resolution as most important for the common good Amongst diverse other things they have taken in especial care for preparing a Bill for the granting to your Majestie such a subsedy of Tonnage and Poundage as might uphold your profit and revenew in as ample manner as their just care and respect of Trade wherein not onely the prosperity but even the life of the Kingdom would permit but being a work which will require much time and preparation by conference with your Majesties Officers and with the Merchants not onely of London but also of other remote parts they finde it not possible to be accomplished at this time wherefore considering it will be much more prejudiciall to the right of the Subject if your Majestie should continue to receive the same without Authority of Law after the determination of a Session then if there had been a recess by adjournment onely in which case that intended grant would have related to the first day of the Parliament and assuring themselves your Majesty is resolved to observe that your Royall answer which you have lately made to the Petition of Right of both Houses of Parliament Yet doubting lest your Majesty may be misinformed concerning the particular case as if you might continue to take those subsedies of Tonnage and Poundage and other impositions upon Merchants without breaking that answer they are forced by that dutie which they owe to your Majestie and to those whom they represent to declare that there ought not any imposition to be laid upon the goods of Merchants exported or imported with common consent by Act of Parliament which is the right and inheritance of your Subjects founded not onely upon the most ancient and Original constitution of this Kingdom but often confirmed and declared in divers Statute Laws And for the better manifestation thereof may it please your Majestie to understand that although your Royall predecessors the Kings of this Realm have often had such subsedies and impositions granted unto them upon diverse occasions especially for the guarding of the Seas and safe-guard of Merchants yet the Subjects have been ever carefull to use such cautions and limmitations in those grants as might prevent any claim to be made That such subsedies do proceed from duty not of free gift of the Subject and that they have heretofore used to limmit a time in such grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of cessation and intermission that so the right of the Subject might be more evident At other times it hath been granted upon occasions of War for a certain number of years with proviso that if the War were ended in the mean time then the grant should cease And of course it hath been sequestred into the hands of some Subjects to be imployed for the guarding of the coasts
I. I. TOUCHING BARRONETS Motives to induce the KNIGHTS CITTIZENS and BURGESSES of the Commons House of Parliament to Petition his Majestie for the revokeing and abollishing of the degree of BARRONETS lately erected by his Highnesses Letters patents FIrst because this new degree is offensive to the Nobility of the Realm whose descendants in all reason ought to have prime eminency amongst the Gentry of this Kingdom yet Barronets by these patents are to have precedency before the descendants from the younger children of Barronets Earles Dâ—kes c. And to the order of Knight-hood because that degree brings a personal dignity and springing out of virtue and desert ought to be rancken next and imediately unto Barrony Nevertheless the degree of Barronets is interposed between Barrony and Knight-hood And unto the Gentry of this Kingdom because many of the Barronets and their descendants being meanly descended must have precedency before Gentry of Auncient Family who by this Innovation will be much vilified and of small reckoning in the Common-Wealth And unto the Magistrates of this Kingdom who in respect of their offices and place wherein they serve as also the gravity and wisdom of their Persons in publick services and assemblies have used to have precedence before others but now they must give place unto Barronets and their descendants albeit some of them are and many of them in time to come may be mean in birth poor in state and of small worth and desert And unto the whole Communalty whose descendants by their virtues and good fortunes may hereafter attain unto credit and reputation in the Common-Wealth Inconveniences that will arise to his Majestie and the State by reason of this new institution THere will be always dislike envy and heart-burning between the Gentry of the Kingdom and the Barronets The Honour of Knight-hood which was wont to incourage generous mindes unto high exploits will now come in t contempt for be they of never so good prowess and valour they must by this institution be inferior unto Barronets of small worth Knight-hood hath been held a competent reward for forraign and home imployments and now his Majestie must be driven to search new ways for the recompence and satisfaction of such services Gentlemen of Lively-hood and estimation will refrain his Majesties service in publick Assemblies for the Administration of Justice and otherwise because they scorn to give place unto many of the Barronets whom they account their inferiors The reputation of Knight-hood and antiquity of discent hath in former times much advanced the Gentry so quallified in preferment to marriage who are very much prejudiced by this Hereditary Tittle Great Noble men of this Kingdom have been degraded from thein particular dignity for want of means to support their Honours but these Barronets albeit they shall happen to be of no worth either in estate or desert must have precedence before Knights of greater reputation Nothing is more commended then Honour springing out of virtue and desert but to purchase Honour with money as Barronets have done is a temporall symmony and dishonorable to the States The Communalty of the Kingdom ever since the first institution thereof hath consisted of certain degrees known and legall additions without change or alteration may by way of president alter the whole strain of the Common-Wealth His Majestie by his prerogative Royall Creates Barrons Viscounts Earls and many other degrees of Nobillity as other his Ancestors and Predecessors have done but the creation of this or any other in Communalty is not warranted by any former president usage or custom The Examination of ANDREVV Le BRUN a Frenchman Captain of the MARY of ROCHEL taken before ABRAHAM CELMER Merchant Major of the Burrough of PLIMOUTH 16 May 1628. THe examinate saith that one Sunday being the â—7 of April last past he departed from Pliâ—outh harbor in company with the English Fleet whereof the Earâ— of Denbigh is General and one the first day of May then following the said Fleet arâ—ived and came at Anchor at Charleboy in the rode of Rochell about 4 of the clock in the afternoone where at the said arrâ—uall they found 20 sail of the King of France his ships whereof six were ships of about 300 Tuns and the rest were smaller ships and forthwith the said French ships put themselves to sail and went in nearer to the Fortifications where they also Anchored within two cannoâ— shot of the English Fleet And saith that one of his Majestie shiâ—s shot off one peece of Ordinance and no more and the said French ships as they returned from the English Fleet shot off oftentimes to them and that the same Fleet remained there untill the 8 day of the same month of May in which time there was a Wherry seâ—t from the fleet into Rochell wherein there were two English and one French man to inquire the State of the said Town and that if they were there safe arrived they should make a fire upon one of the Towers of the Town to give notice thereof which accordingly they did and also to make so many fires more one the Walls of the said Town as they have moneths victualls there but they made not any answer thereof Whence it was collected that they had but a small quantity of victualls and said that the said English as he hath heard promised to sink the said French ships when the waters did increase and the winde came at West North-West it being then neap tides and about two days after the water did increase and the windes came accordingly and being then intreated to fight with them yet did not but came away without fighting or releiving the Town and saith that one the 8 day of May the said English Fleet weighed Anchor and set sail to depart and 4 of the French great ships weighed Anchor also and came after them and shot divers times at the said Fleet and the said Fleet shot at them again and the said examinate came in company with the said Fleet as far as Bell Isle where he departed from them one the 10 of this instant and lastly saith that during all the time the English Fleet was there the Town of Rochel shot to the King of France his ships and Fort but chiefly upon the arrival of the said Fleet there Articles wherewith MELVINE is charged 1. MR. Melvine said that the Dukes plot was that the Parliament should be dissolved And that the Duke and the King with a great Army of Horse and Fott would War against the cominalty and that Scotland should assist him so that when War was amongst our selves the Enemy should come in for this Kingdom is already sould to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Iesuites Scotish men and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the
whether there were not some Copies printed without additions he answered there were some but they were suppressed by some warrant Sir Iohn Elliot DEsired some clearer satisfaction might be made and that he might answer directly by what warrant Whereupon he was called in again who said he did not remember the particular but sure he was there was a warrant Tuesday 22. ONe Mr. Roules a Merchant and a Member of the House informed the House that his goods were seized by the Customers for refusing to pay Custome by them demanded although he told them he would pay what was adjudged by Law Whereupon Sir Robert Phillips spake as followeth Sir Robert Phillips BY this information you see the unfortunateness of the times and how full time it was that this Assembly should meet to serve his Majesty and to preserve our selves and I am confident we come hither with fullness of both and all shall conduce to a happy conclusion and to the King's honour and our own safety Great and weighty things wound deep Cast your eyes which way you please and you shall see violations on all sides look at the liberty of the subject look on the priviledge of this House let any say if ever he saw the like violation by inferiour Ministers that over-do their command nay they say if all the Parliament were in you this would we do and justifie If we suffer the liberty of this House to wither out of fear or complemeâ—â— we give a wound to the happiness of this Kingdom Here the course of justice was interrupted and order in the Exchequer was made for stay of the goods since here is a seizure upon the approach of Parliament of goods amounting to 5000. l. for a pretended duty of 200 l. In the sight of King Iames by reason of the sickness that then was the Parliament was prorogued and then there was some boldness to take this Tonnage and Poundage for there was no right to demaund it Let us proceed with affection of duty to make up breaches let a Committee consider of these proceedings Mr. Littleton HEre Mr. Littleton made a short speech to second him and all to the same purpose but for brevity sake I omit it M. Littleton we have had good admonitions and have followed them we have moderation preached unto us in Parliament and we follow I would others did the like out of Parliament Let the parties be sent for that violated the liberties of the Parliament and have their doom This Speech was occasioned by Setretary Cook who in his Speech desired moderation might be used Sir Iohn Elliot I See by this Relation what cause we have to be tender of the liberty of the Kingdom and this House and yet withall to return that moderation as to give satisfaction to the world that our hearts are fixed to serve his Majesty and to free us from ofter of jealousie 3 Things are involved in this complaint First the Right of particular Gentlemen Secondly the Right of the Subject Thirdly the Right and priviledge of this House Let the Committee consider of the 2 former but for the violation of the liberty of this House let us not do less then our fathers Was ever the information of a Member committed to a Committee Let us send for the parties Is there here a bare denial of the restistution of the goods was it not also said that if all the Parliament were contained in him they would do as they did Let them be sent for It was ordered that the Officers of the Custome-house should be sent for Mr. Selden REported from the Committee concerning the printing of the Petition of Right that there were printed 1500 without any addition at all which were published in the time of the last Parliament but since the Parliament other Copies have been printed and these supprest and I made waste paper which the Printer did as he said by command from Mr. Attorny which he received from his Majesty and the Printer further said that the Attorney was with the Lord Privy Seal at White-Hall and there delivered unto the Printer sundry papers with diverse hands to them and on the backside was endorsed thus We will command you that these copies be printed Friday 23. HIs Majesty sent the House a Message to this effect That he willed them to cease from the former debate of Tonnage and Poundage till the next day in the after-noone and that he would speak with them the next day in the after-noone at White-Hall in the Banqueting-house Saturday 24. THe King made a Speech to that purpose Munday 26. MR. Walter did inform the House that diverse ships were laden with corn for Spain whereupon a Committee was appointed to inquire of the trading into Spain and to other enemies transporting corn and other Munition thither it is also ordered that some of the prime Councel should presently move the King about stay of the ships Mr. Secretay Cook then moved that the Bill of Tonnage and Poundage might be read and after some debate it was diverted and they fell upon points of Religion the which Mr. Rowse did first mention See his former Speech at large Sir Francis Beamor IF Religion be not a Rule to all our actions what pollicy can we have If God fight not our battailes the help of man is in vain In our defect the cause thereof is our defect in religion and the sin is Idolatry and Popery Papists encrease now more than ever they did neither do they want their Priests and Masses nay his Majesties name is used to stop proceedings against Papists and that since the Parliament contrary to his Majesties goodness and publick profession and contrary to his many proclamations and many instructions to the Judges and whatsoever is done in the country is undone above Mr. Kirton IF ever now it is time to speak We see what men are raised to preferment if we look not to it I shall more fear it than the Spanish Armado or the loss of the Sound Mountague was here questioned We see the King to all our comforts is right it comes not from him but some that are too near him are too busie in this The ambition of the Clergy brought these stories We see pulpits are full of them we see some that wear white and black 't is more than Mountague let us bend our wits to reforme them Mr. Sherland WE have a Religion that is worth the loving with all our hearts it was setled by the bloud of Martyrs and kept by miracles To have our noses wiped of this would grieve any heart more to see our Religion go away and designes made of it and Arminianism still to encrease as it doth If do admi I do perswade my self the greater part of the Clergy Nobility and Gentry are firm but it is the desire of some to labour to bring in a new faction of their own and so to drop into the ears of his Majesty that those that oppose them oppose
no Priviledge lieth against the King in point of his duties Sir Francis Seymour I desire it may first be debated Whether this case doth concern the King or no for I conceive these Customers have not made good that there was any right here is onely art used to entitle the King I conceive it a high offence for any man to lay the scandal upon the King for every project Mr. Glanveil Here is a cunning Project in the Exchequer to entitle the King a meer cunning Project and an offence of a high nature to shelter their projects under the Command of the Crown Secretarie Cook The point in question is not the right of the Subject but the right of Parliament Priviledge and that in the case of Mr. Rolles and this is onely now in question Sir Iohn Strangewaies I know no reason why we should draw a question upon our selves which we need not especially between the King and us I conceive it plain these Customers took the goods in their own right not in the Kings In this Priviledge is plainly broken wherein it is easily determined Mr. Banks In this case there is no interposing of the Kings Right and the King this Parliament hath declared as much That the Courts at Westminster do grant 12 days priviledge to any man to inform his Councel much more the Court of Parliament are to have their Priviledge The Kings Command cannot extend to authorize any man to break the Priviledges no more than it will warrant an entrie upon any mans Land without process of Law Mr. Soliciter If the King have no Right how can he make a Lease then this pretended interest of the Customers must needs be void and therefore the goods must not be taken on their own right but in the right of the King Mr. Selden If there were any right the pretended right were in the Subject First whether Priviledge in goods Secondly whether the right were in the Customers onely Thirdly whether priviledge against the King 1. If the Lords have no priviledge in Parliaments for their goods then have they no priviledge at all for they are priviledged in their persons out of Parliament 2. For the point of interest it is plain no kind of Covenant can alter the interest and questionless had the cause in the Exchequer appeared to the Barons as it doth to us they would never have proceeded as they did 3. If our goods may be seized into the Exchequer be it right or wrong we were then as good have nothing Sir Nath. Ritch It was recorded the last Session and citeth other presidents in this House that a servant of a Member in Parliament ought to have priviledge in his goods Mr. Noy saith that these Commissioners had neither Commission nor Command to seize Therefore without doubt we may proceed safely to the other question That the priviledge is broken by the Customers without relation to any Commission or Command of the King Secretarie Cook saith It is in the Commission to seize but the Commission being read it is not found to be there Chancellor of the Dutchie saith Mr. Dawes mentioned that he seized these goods by virtue of a Commission and other Warrants remaining in the hands of Sir Iohn Elliot that therefore these Warrants may be seen whether there be no command to seize these goods Sir Nathaniel Ritch This days debate much joyeth me specially the motion made by Mr. Noy whereby it is plain we have a way open to go to this question without relation to the Kings Commission or Command and desire it in respect there appears nothing before us to incumber the question Chancellor of the Dutchie desires again these Warrants may be lookt into before we go to the question Mr. Kirton In respect this Honorable Gentleman presseth this so far that it may appear with what judgement this House hath proceeded Mr. Glanviel I consent these Warrants be sent for and read but withall if any thing arise that may produce any thing of ill consequence let it be considered from whence it doth come The Privie Councellers are contented with this Motion The Warrants being sent for and read it is plain there is no Warrant to seize Mr. Kirton If now there be any thing of doubt I desire those Honorable persons may make their objections Chancellor of the Dutchie I rejoyce when I can go to the Court able to justifie your proceedings I confess I see nothing now but that we may safely proceed to the Question Mr. Secretarie Cook saith as much Mr. Hackwell argueth against Priviledge in time of Prorogation Mr. Noy saith he had no doubt but that Priviledge was in force in time of Prorogation untill he heard this Argument of Prorogation of Mr. Hackwell and saith that he hath nothing from him yet that doth alter his opinion and citeth a cause wherein the Lords House hath this verie Prorogation adjudged the Priviledge Mr. Hackwell saith he is glad to hear it is so and he is now of the same opinion Decided by Question That Mr. Rolles ought to have Priviledge of Parliament for his goods seised 30 Octob. 5 Iac. and all sithence This Committee is adjourned untill Munday and the Customers to attend The Protestation of the COMMONS in Parliament on Munday 2. Mar. 1628. 1. WHosoever shall bring in an Innovation in Religion or by favour or countenance seek to extend or introduce Poperie or Arminianisme or other Opinion differing from the true and orthodox profession of our Church shall be reputed a Capital enemie to this Kingdom and Common-wealth 2. Whosoever shall counsel or advise the taking or leavying of the Subsedies of Tonage and Poundage not being granted by Parliament or shall be an Actor or an Instrument therein shall likewise be reputed an Innovator in the Government and a Capital enemie to the Kingdom and Common-wealth 3. If any Merchant or other person whatsoever shall voluntarily yield or pay the said Subsedie of Tonnage or Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an enemie to the same THE KINGS SPEECH in the House of PARLIAMENT Mar. 10. 1628. to Dissolve it My LORDS I Never came here upon so unpleasing occasion it being for the Dissolving of a PARLIAMENT therefore many may wonder why I did not rather choose to do this by my Commission it being the general Maxim of Kings to lay harsh commands by their Ministers themselves onely executing pleasing things But considering that Justice is as well in Commanding of Virtue as Punishing of Vice I thought it necessarie to come hâ—râ— to day to declare to you my Lords and all the world That it was onely the disobedient carriage of the Lower House that hath caused this Dissolution at this time and that you My Lords are so far from being causers of it that I have as much comfort in your Obedience manifested by all your carriage towards me as I have cause to distaste their proceedings Yet that
a Prophet prayed to Almighty God against dissimulation in these words Lord send me a sound heart in thy statutes that I be not ashamed where found in the originall signifieth upright without dissimulation and shame followeth dissimulation when the truth is known Third object If a Rebell be attainted in Ireland and his children for fafety and for matter of state be kept in the Tower what shall be returned upon the Habeas Corpus Whereunto It was answered First that their imprisonment might be justified if they could not find good sureties for their good behaviour Secondly It was charity to find them meat drink and apparell that by the Attainder of their father had nothing Fourth object Though his Majesty expresseth no cause yet it must be intended that there was a just cause Answ. De non apparentibus de non existentibus eadem ratiâ— Fifth object First The King in stead of gold or silver may make money currant of any base metall Secondly He may make warres at his pleasure Thirdly He may pardon whom he will Fourthly He may make denizens as many as he will and these were said to be greater priviledges then this in question Answ. To the first it is denyed that the King may make money currant of base metal but it ought to be gold or silver Secondly It was answered admitting the King might do itâ— his losse and charge was more then of his Subjects both in the case of money and in the case of warre The pardon was private out of grace and no man had dammage or loss by it so of the making of dâ—nizâ—ns the King was only the looser viz. to have single custome where he had double Thirdly it was a non sequitur The King may do these things ergo he may imprison at will Your Lordships are advised by them that cannot be daunted by fear nor misled by affection reward or hope of preferment that is of the dead By ancient and many Acts of Parliament in the point besides Magna Charta which hath been 30 times confiâ—med and commanded to be put in execution wherein the Kings of England have thirty times given their Royall assent Secondly Judiciall Presidents per vividas rationes manifest and apparant reasons we in the house of Commons have upon great studie and serious consideration made a grand manifesto unanimously nullo contradicente concerning this great Liberty of the subject and have vindicated and recovered the body of this fundamentall Liberty both of your Lordships of our selves from shadowes which some time of the day are long sometimes short and sometimes long again and therefore no Judges are to be led by them Your Lordships are involved in the same danger and therefore ex congruo condigno we desire a conference to the end your Lordships might make the like declaration as we have done Commune periculum communerequirit Auxilium and thereupon take such further course as may secure your Lordships and us and all your and our posterities in enjoying of our ancient undoubted and fundamentall Liberties The Argument of Sergeant Bramston upon the Habeas corpus MAy it please your Lordship to hear the return read or shall I open it Chief Iustice Hide Let it be read M r. Keeling read the return being the same as that of Sir Thomas Darnell May it please your Lordship I shall humbly move upon this return in the behalf of Sir Iohn Henningham with whom I am of Councell it is his petition that he may be bailed from his imprisonment it was but in vain for me to move that to a Court of Law which by Law cannot be granted and therefore in that regard that upon his return it will be questioned whether as this return is made the Gent. may be bailed or not I shall humbly offer up to your Lordship the case and some reasons out of mine understanding arising out of the return it self to satisfie your Lordship that these Prisoners may and as their case is ought to be bailed by your Lordship The exception that I take to this return is as well to the matter and substance of the return as to the manner and legall form thereof the exceptions that I take to the matter is in severall respects That the return is too generall there is no sufficient cause shewn in speciall or in generall of the commitment of this Gentleman and as it is insufficient for the cause so also in the time of the first imprisonment for howsoever here doth appear a time upon the second warrant from the Lords of the Councell to detain him still in prison yet by the return no time can appear when he was first imprisoned though it be necessary it should be shewen and if that time appear not there is no cause your Lordship should remand him and consequently he is to be delivered Touching the matter of the return which is the cause of his imprisonment It is expressed to be Per speciale mandatum domini Regis This is too generall and uncertain for that it is not manifest what kind of command this was Touching the Legall form of the return it is not as it ought to be fully and positively the return of the Keeper himself onely but it comes with a significavit or prout that he was committed Per speciale mandatum domini Regis as appeareth by warrant from the Lords of the Councell not of the King himself and that is not good in legall form For the matter and substance of the return it is not good because there ought to be a cause of that imprisonment This writ is the means and the onely means that the subject hath in this and such like case to obtain his liberty there are other writs by which men are delivered from restraint as that de homine replegiando but extends not to this cause for it is particularly excepted in the body of the writ de manucaptione de cantione admittenda but they lie in other cases but the writ of Habeas corpus is the onely means the subject hath to obtain his liberty and the end of this writ is to return the cause of the imprisonment that it may be examined in this Court whether the parties ought to be discharged or not but that cannot be done upon this return for the cause of the imprisonment of this Gentleman at first is so farre from appearing particularly by it that their is no cause at all expressed in it This writ requires that the cause of the imprisonment should be returned if the cause be not specially certified by it yet should it at the last be shewn in generall that it may appear to the Judges of the Court and it must be expressed so farre as that it may appear to be none of those causes for which by the Law of the Kingdome the subject ought not to be imprisoned and it ought to be expressed that it was by presentment or indictment and not upon petition or suggestion
made to the King and Lords which is against the statute made in the 25 Ed. 3. c. 4. 42 E. 3. c. 3. By the Statute 25 Ed. 3. cap. 4. It is ordained and established that no man from henceforth shall be taken by petition or suggestion made to the King or his Councell but by indictment or course of Law and acordingly it was enacted 42 E. 3. c. 3. the title of which statute is None shall be put to answer an accusation made to the King without presentment Then my Lord it being so although the cause should not need to be expressed in such manner as that it may appear to be none of these causes mentioned in the statute or else the Subject by this return loseth the benefit and advantage of these Laws which be their birth-right and inheritance but in this return there is no cause at all appearing of the first commitment and therefore it is plain that there is no cause for your Lordship to remand him but there is no cause you should deliver him since the writ is to bring the body and the cause of the imprisonment before your Lordship But it may be objected that this writ of Habeas Corpus doth not demand the cause of the first commitment but of the detaining onely and so the writ is satisfied by the return for though it shew no cause of the first commitment but of detaining onely yet it declareth a cause why the Gentleman is detained in prison this is no answer nor can give any satisfaction for the reason why the cause is to be returned is for the Subjects liberty that if it shall appear a good and sufficient cause to your Lordship then to be remanded if your Lordship think and finde it insufficient he is to be enlarged This is the end of this writ and this cannot appear to your Lordship unlesse the time of the first commitment be expressed in the return I know that in some cases the time is not materiall as when the cause of the commitment is and that so especially returned as that the time is not materiall it is enough to shew the cause without the time as after a conviction or triall had by Law But when it is in this manner that the time is the matter it self for intend what cause you will of the commitment yea though for the highest cause of treason there is no doubt but that upon the return thereof the time of it must appear for it being before triall and conviction had by Law it is but an accusation and he that is onely accused and the accusation ought by Law to be let to bail But I beseech your Lordship to observe the consequence of this Cause If the Law be that upon this return this Gentleman should be remanded I will not dispute whether or no a man may be imprisoned before he be convicted according to the Law but if this return shall be good then his imprisonment shall not continue on for a time but for ever and the Subjects of this Kingdome may be restrained of their liberties perpetually and by Law their can be no remedy for the Subject and therefore this return cannot stand with the Laws of the Realm or that of Magna Charta Nor with the statute of 28 Ed. 3. ca. 3. for if a man be not bailable upon this return they cannot have the benefit of these two Laws which are the inheritance of the Subject If your Lordship shall think this to be a sufficient cause then it goeth to a perpetuall imprisonment of the subject for in all those causes which may concern the Kings Subjects and are appliable to all times and cases we are not to reflect upon the present time and government where justice and mercy floweth but we are to look what may betide us in the time to come hereafter It must be agreed on all sides that the time of the first commitment doth not appear in this return but by a latter warrant from the Lords of the Councell there is a time indeed expressed for the continuing of him in prison and that appeares but if this shall be a good cause to remand these Gentlemen to prison they may lie there this seven yeares longer and seven yeares after them nay all the dayes of their lives And if they sue out a writ of Habeas corpus it is but making a new warrant and they shall be remanded and shall never have the advantage of the Laws which are the best inheritance of every Subject And in Ed. 6. fol. 36. the Laws are called the great inheritance of every Subject and the inheritance of inheritances without which inheriritance we have no inheritance These are the exceptions I desire to offer to your Lordship touching the return for the insufficiency of the cause returned and the defect of the time of the first commitment which should have been expressed I will not labour in objections till they be made against me in regard the sttatute of Westminster primo is so frequent in every mans mouth that at the Common Law those men that were committed in four cases were not replevisable viz. those that were taken for the death of a man or the commandment of the King or his Justices for the forest I shall speak something to it though I intend not to spend much time about it for it toucheth not this Case we have in question For that is concerning a Case of the Common Law when men are taken by the Kings writs and not by word of mouth and it shall be so expounded as Master Stamford fol. 73. yet it is nothing to this Case for if you will take the true meaning of that statute it extends not at all to this writ of Habeas corpus for the words are plain they shall be replevisable by the Common writ that is by the writ de homine replegiando directed to the Sheriffe to deliver them if they were baileable but the Case is above the Sheriffe and he is not to be Judge in it whether the cause of the commitment be sufficient or not as it appears in Fitz Herbert de homine replegiando and many other places and not of the very words of the statute this is clear for thereby many other causes mentioned as the death of a man the commandment of the Justices c. In which the statute saith men are not replevisable but will a man conceive that the meaning is that they shall not be bailed at all but live in perpetuall imprisonment I think I shall not need to spend time in that it is so plain let me but make one instance A man is taken de morte hominis he is not baileable by writ saith this statute that is by the common writ there was a common writ for this Case and that was called de odio acia as appeareth Bracton Coron 34. this is the writ intended by the statute which is a common writ and not a speciall writ But my