THE SOVEREIGN'S PREROGATIVE, AND THE SUBJECT'S PRIVILEGE; Discussed betwixt Courtiers and Patriots in Parliament, the third and fourth years of the reign OF KING CHARLES Together With the Grand Mysteries of State then in Agitation.  
LONDON, Printed for Marth●a Harrison, and are to be sold at the Lamb, in St. Paul's Churchyard. ANNO 1657.   

THE PREFACE.  
ONe of the most lawful ways whereby man in some sort may be said to revenge himself of the shortness of his life, and extend the measure thereof to a larger proportion than nature allows him, is by the study of History. For History is the remembrancer of the time past, it is the monument general erected over actions long since dead and interred, acquainting such as read the Epitaph thereon with the most remarkable passages of the ages past: so that a Dwarf by the advantage of the ascent of History, may suddenly start up (if not a Giant) one of competent stature to oversee all transactions long before him.  
But of all Histories none more pleasant or profitable than those of our Native Country, which, as it is an Island, and so a little entire world in itself, hath in all ages afforded as many signal observables as any content of ground of the same proportion, neither Greece nor Italy itself excepted, which indeed overmatch us not in Histories, but Historians. Otherwise if workmen might be had, as fair an Edifice might be erected of English affairs, such the plenty, variety, and curiosity of materials concurring thereunto.  
And truly I cannot but accuse the blame-worthy negligence of many able men, who under the pretended plea of modesty, and humble distrust of their own sufficiency, prefer rather to moulder away in obscurity, then industriously to preserve both their own memory and the honour of their nation. And those also seem to me equally worthy of reproof, who sharp-sighted abroad, are little better than blinded at home; know the way from Paris to Lions better than from London to York; can give a better account from Pharamont to the last French Lewis, then from our Lucius to King Charles. A very preposterous knowledge, seeing History (like unto good men's charity) is though not to end, yet to begin at home, and thence to make its methodical progress into Foreign parts.  
Now of all English History, the greatest shame is to be ignorant in the Accidents of our own Age of nearest concernment unto ourselves. Those stars which are lowest seem lightest unto us; yea a candle at hand illuminates more than a torch at distance. A man is most (as I may say) morally edified by reading such men and matters as are his own contemporaries. Chief, because therein not so subject to be deceived by partiality of reports, because not taking up so much upon trust, as conducted to his belief by his own eyes and ears witnesses of all transactions.  
The consideration of the premises hath principally moved me to the setting forth of this work: wherein I confess rather fidelity than industry, yet rather industry than any wit or learning hath been required. Some works resent too much of their Author, frequently infusing his own judgement and affections clean through the contexture of his writings, to the great prejudicing of the truth and misguiding of his Reader. And this is likely to be the Epidemical disease of the books in our Age, wherein all are so engaged in parties, that their writings will rather appear plead then reports. What by general error is falsely told of the jews, that they are always crook-backed, will be found most true of Authors of this age, that they are crook-sided, warped and bowed to the right or to the left; so hard it will be to find a straight, upright, and unbiased Historian.  
For mine own part, I can profess integrity herein, the only thing I can assume to myself in this work. And indeed I have had no occasion nor opportunity to express my own inclinations, who have no commission to be an Author, but a Transcriber.  
There is an Officer in the Exchequer, who though sitting with the Barons on the Bench, hath no power to vote with them, nor interposeth his judgement as decisive in any cause, but observing silence in pleading, speaketh sometimes as to the regulation of the time how it passeth away. Such and no other my employment in this Book, being a true tell-time (and no more) to marshal the speeches in due order, and to acquaint the Reader with the day of the month when they were spoken; which done, my task is performed.  
The Book containeth the transactions of the Parliament tertio & quarto Caroli. A distance of time of fit proportion for the Press, not too late nor too soon: not so fare off as that the footsteps of truth are worn out, as in some ancient stories, where the most cunning Hunters are at a loss; nor yet so near that the heels of truth ought to be feared; though he hath but a servile soul who overvalueth his own safety in such cases to the poisoning of posterity with a falsehood.  
Here may one behold the several traverses of State betwixt the upholders of the Royal Prerogative & the Asserters of the Subject's Liberties. The former endeavoured to support (and perchance to enlarge) the King's Prerogative, how in some cases it is too high to come under the roof of the Law; and the discretion of the Sceptre as Guardian for the general good of the Commonwealth, must be entrusted on some emergencies with the managing of its own might. And seeing Crowns commonly keep what they once catch, loath to abate a whit of that power invested in them, at leastwise exercised by them; no wonder if the Courtiers stickled for their Master his right, and as the appurtenances, were zealous for that Power and Honour on whom they depended.  
On the other side the Asserters of the Subject's Liberties, trusties for the countries' good, engage earnestly to retrench the Prerogative within the known limits of Law, that so Subjects may be at a certainty how to square their loyalty and obedience. For Allegiance is willingly and cheerfully paid, where there is a sure and standing Rule whereto Sovereign's commands and Subjects duty is to be conformed. Otherwise their loyalty flatteth and deadeth by degrees, when exposed to an unbounded Arbitrary power, so that they never know an end of their own obeying, but are in daily fear of new pressures from a lawless power, whose pleasure is all the reason of imposing them. Besides, unlimited power in a Prince carrieth in itself a strong temptation to Tyranny, and mortal man his corruption is scarce to be trusted with so great a command for fear of abusing thereof.  
Now although in this Parliament these two Parties are plainly to be discovered, yet the judicious reader will observe that there was as yet less eagerness & more moderation in either party, matters not being then heightened with such mutual animosities as since we have beheld. Yea it seems that the sins of our Nation began even then to cry so loud, that the two Parties in Parliament could not distinctly hear each other so as effectually to understand one another, disturbed by the clamorous and obstreperous noise of English wickedness, which began to cry aloud for vengeance on a wanton nation, even to the abrupt breaking off of the Parliament.  
We have had no other design in the edition hereof then the general good, hoping that Readers of all sorts may gain benefit thereby. Yea such young folk whose short capacities as yet are unable to reach the policy and State part in these pieces, may better themselves by the very language and expressions therein. Here may they observe the variety of eloquence in several persons, some large, copious and exuberant; yet not flashy, empty and dilute: some concise, piccant and sententious; yet not involved, dark and obscure: some participating of both, which in my apprehension is the best kind of Orations.  
However, let not any think that all the Gentlemen of able parts assembled in the Parliament are registered in this book by their particular service to their Country, seeing only such are entered herein, who made set, studied, and premeditated Orations. Many Worthies there were in that place who only were dexterous at short and quick returns, and which retrieved long debates with some short and compendious answer very effectual to the purpose. For sometimes a Stiletto blow may give a more deep and deadly wound then the point and edge of the sharpest Sword, which requireth more time and room for the managing thereof. Yea many a discreet gentleman, who, after long traversing of matters, judiciously bestowed his Yea or Nay in the right scale thereof to weigh the balance down when in AEquilibrio of matters of high importance (though otherwise not haranguing it in large discourses) might return to his country with satisfaction to his conscience that he had well deserved thereof.  
We are confident also that the Students of the Law may advantage themselves by several Cases here largely reported. And here all care hath been used in comparing Records herein cited with the Originals; though we dare not avouch it clear from all mistakes, the greatest industry and exactness being subject to fallibility herein. We have seen the Reports of late judges in print, and could point at Erratas therein: which we speak not to accuse them, but excuse ourselves if some faults be found in our quotations.  
As for the Gentlemen whose speeches are herein related, they are either dead or still surviving. For the former we hope we have no cause to ask pardon of their memories, and fear not their ghosts disquieting us for offering any injury unto them, or that we shall fall into the disfavour of their Heirs for misrepresenting any thing for their father's disadvantage.  
As for such who are still alive, we appeal unto them, making them the Judges of our integrity herein. True it is that the dragge-net of no diligence can be of that capacity, nor can it be so advantageously cast, as to catch and hold all particulars uttered in a long speech; Minums will get through the holes thereof: and there be those minutiae in a speech which will escape the attention of the quickest ear, and transcription of the speediest hand. But such things are lost without any loss as to the essentials of the matter: and here all things of concernment are faithfully represented.  
And may the Reader be pleased to take notice that this Book is no Monochord, or Instrument of a single string, no nor is it a single Instrument; but the exact result of many collections. We have compared varias lectiones, or rather varias auditiones, the copies as they have been taken by several Auditors. Sometimes one copy charitably relieved another, nor was it long before the defects of the same copy were supplied out of that other transcription. Thus neither is there being for Books, nor living for men in this world, without being mutually beholding one to another; & he who lends to day, may be glad to borrow to morrow.  
One thing let me mind the Reader, that it may move him to a public and communicative Spirit, not enviously to engross to himself what may do good to others. Some Gentlemen, Speakers in this Parliament, imparted their Speeches to their intimate Friends; the transcripts whereof were multiplied amongst others (the pen being very procreative of issue in this nature:) and since it hath happened that the gentlemen's Originals have in these troublesome times miscarried, yet so that the fountain (as I may say) being dried up, hath fetched this water from the channel, & they have again supplied their losses from those to whom they civilly communicated a copy of their pains. Thus none are loser's in fine, by making others sharers in their endeavours.  
And now give me leave to say, that the History of the Parliament represented in this Book is fundamental to the History of our Times, and what valiant pen soever dare undertake the writing thereof, it must lay its groundwork, and take its rise from this Parliament. Herein were virtually contained the seeds of all those troubles which since the heat of anger hath ripened to the full height and breadth thereof. For what is said of Rebeckah, that Twins were in her bowels, which made their Mother's womb the field of their fight, wherein their unborn Infancy gave an Essay of that Antipathy which would be continued betwixt them when arrived at riper years: the same was true here, where the opposition betwixt two parties was begun with much violence and impetuousness.  
Yet let not the similitude be uncharitably improved beyond my intent, as fixing the odious character of Esau on either of them, who hope and believe that both of them might be jacobs', at the first propounding plain, pious, and peaceable ends unto themselves. Yea this may say to ensuing Parliaments, as AEneas in the Poet to his son, 
Disce puer virtutem ex me verumque laborem,  
Fortunam ex aliis—   
Nor can any true Patriot ever desire that men more honourable, more knowing, and able in all faculties of policy, law, and general learning, I may add also more loving to, or beloved of their Countries, ever should meet in Parliament; who hence may take their pattern of many worthy and excellent virtues in Statists. But oh, let them fare exceed this in happiness; the abrupt end whereof was the beginning of all our miseries.  
T. F.   

A TABLE of the several Speeches, Cases, Arguments of Law, and other passages contained in the first Session of the Parliament begun March 17. 1627.  
THe King's Speech that day, 
pag. first  The Lord Keeper Coventryes speech the same day, 
p. 3  The speaker Sir john Finches speech, March 19 
pag. 7  The Lord Keeper Coventryes reply, 
pag. 8  The Speaker Sir john Finches reply, 
pag. 9  The Lord Keeper Coventryes second reply, 
pag. 14  Mr. goodwin's speech March 22. 
pag. 18  Sir Francis Seymour's speech, 
ibid.  Sir Thomas Wentworth's speech 
pag. 20  The speech and Argument of Mr. Creswell of Lincoln's Inn concerning the subjects grievance by the late Imprisonment of their persons, 
pag. 21  Sir Benjam: Ruddier's speech, 
pag. 27  Sir Robert Phillips' speech, 
pag. 28  Sir Thomas edmond's, 
pag. 30  Sir john eliot, 
ibid.  Sir Hum: May, 
ibid.  The Petition for the fast, March 26. 1628. 
pag. 31  The King's Propositions March 28. 
pag. 32  Three grand questions, 
ibid.  Sir john 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 Coke speech March 25. upon a Question of law in point of Judgement given in the King's Bench Mich. 3. Caroli, viz. that a Prisoner detained by Commitment per special. Mandate. Regis, without expressing a Cause, is not Bailable; wherein he held negatively, 
pag. 39  The substance of the King's speech upon the relating of the proceed of the Parliament to him by the Counsellors of the Commons house of Parliament, April 4. 
pag. 41  The Duke of Buckingham's speech to his Majesty the 4 of April, 
ibid.  Sr john eliot in Answer to Mr 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  Sr Benjamin Ruddier's speech upon the Receipt of his Majesty's Answer to the petition against Recusants, 
pag. 45  The King's message to the House of Commons by Mr Speaker, April 12. 
pag. 46.  The petition concerning billeting of soldiers, April 14. 
pag. 47  Nine heads of the House of Commons to the Speaker, 
pag. 49  The Speaker Sr john Finches speech upon the nine heads, 
pag. 50  The Kings Answer to the petition concerning billeting of soldiers, 
pag. 53  Sr Dudley Diggs his Introduction, 
pag. 54  The Argument made by Mr 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 King's Council, 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 precedents of Record and resolutions of Judges in former times, by Mr Selden, 
pag. 76  The whole copies of the precedents of Record mentioned in one of the Arguments made at the first conference with the Lords touching the liberty of the person of every Freeman, 
pag. 92  Sr Edward Coke, 
pag. 107  The Arguments of Sergeant Bramston on the Habeas Corpus, 
pag. 111  The Argument of Mr Noye upon the Habeas Corpus, 
pag. 117  The Argument of Mr Selden upon the Habeas Corpus, 
pag. 122  The Argument of Mr Calthrop upon the Habeas Corpus, 
pag. 125  The substance of the Objections made by Mr Attorney general before a Committee of both Houses, to the Argument that was made by the House of Commons at the first Conference with the Lords out of precedents of Record, and resolutions of Judges in former times, touching the liberty of the person of every Freeman, and the Answer and replies presently then made by the House of Commons to these Objections, 
pag. 121  The proceed against the Earl of Suffolk, April 14. 
p. 135  Several speeches made at the Debates concerning the King's propositions. 
pag. 138  Mr Alford, 
ibid.  Sr Robert Maunsell 
ibid.  Sr Francis Seymour, 
ibid.  Sr Peter Hayman, 
ibid.  Mr Pimme, 
ibid.  Secretary Coke, 
ibid.  Sr Dudley Diggs, 
pag. 139  Mr Spencer, 
ibid.  Mr john eliot 
ibid.  Sr Edward Coke, 
ibid.  Sr Thomas Wentworth, 
pag. 146  Sr Henry Martin, 
ibid.  Mr Kirton, 
ibid.  Sr Robert Phillips 
ibid.  Sergeant Hoskins, 
ibid.  Sergeant Ashleys' Argument, seconding Mr Attorney in the behalf of his Majesty, 
pag. 141  Mr Noyes Argument April 16, 
pag. 144  Mr Glanvills Argument, 
pag. 145  The Answer of the Judges for matter of fact upon the Habeas Corpus, April. 21, 
pag. 146  judge Whitlock's speech, 
pag. 147  judge jones, his speech, 
pag. 148  judge Doderidges speech, 
pag. 149  The Lord chief justice his speech, 
ibid.  The Earl of Warwick's speech April 21, 
pag. 150  The Arch Bishop of Canterbury's 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.  Sr Dudley Diggs his speech in behalf of the Commons, 
pag. 154  Sr 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  Mr Hackwell of Lincoln's Inn his speech in the lower House May 1, 
pag. 159  The objections against Mr 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 Sr Thomas Savil Knight, 
pag. 163  Propositions drawn for the defence of this Kingdom, and the annoyance of the enemies of the same by sea, 
ibid.  judge anderson's speech 
pag. 165  The King's message May 2 by Secretary Coke 
pag. 167  Mr Masons speech May 2 
ibid.  The Speakers speech to his Majesty in the banqueting 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  Sr Benjamin Ruddier's speech, 
pag. 178  His Majesty's letter to the Lords spiritual and temporal of the higher House of Parliament, 
pag. 180  The King's message by the Lord Keeper May 21, 
pag. 181  Mr 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 Mr Glanvil why they cannot admit of the propositions tendered unto them by the Lords 
186  Sr Henry Martin's speech, 
pag. 188  The King's speech in the Higher House at the meeting of both Houses, june 2. 
pag. 194  The Lord Keeper in explanation of the same, 
pag. 195  The Kings Answer to the petition of Right june 2. by the Lord Keeper, 
ibid.  Sr john eliot's speech june 3. 
ibid.  A Report from the Committee for trade june 4. 
pag. 201  His Majesty's message to the House of Commons by the Speaker, june 6. 
pag. 203  The King's Speeches june 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 King's message to the lower House by Sir Humphrey May, june 10. 
pag. 206  Eight particulars voted in the House of commons, against the Duke of Buckingham, june 11, 
ibid.  The first Remonstrance of the House of Commons, 
ibid.  A Schedule of the shipping of this Kingdom which have been taken by the Enemy, and lost at sea, within the space of three year's last passed, 
pag. 215  The Kings Answer to the Remonstrance june 17. 
p. 217  The King's speech at the end of the Session, june 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 Knight's Citizens and Burgesses of the Commons house of Parliament to petition his Majesty, for the revoking and abolishing of the degrees of Baronet's lately erected by his Highness' letters patents, 
pag. 224  The examination of Andrew le Brun Captain of the Mary of Rochel. 
pag. 226  Articles against Melvin, 
p. 227  A privy Seal for the transporting of horses january 30 tertio Caroli, 
ibid.  The Commission to the Lords and others of the Privy Council 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 Rochel, May 4. 1628. 
p. 230  The Answer to the Articles propounded by the Lord general and the rest of the Council of war 
pag. 231.    

A TABLE of the transactions of the second Session of the Parliament begun jan. 20. 1628.  
Mr Selden's report concerning the Petition of Right, january 21, 
pag. 235.  Mr Pymms motion, 
ibid.  Sir john eliot's reply, 
ibid.  Mr Seldens speech concerning the Petition of Right, 
p. 236.  Mr Norton the King's Printer brought to the bar. 
ibid.  Sir john eliot 
ibid.  Sir Robert Phillips' speech, january 22. 
ibid.  Mr Littleton, 
pag. 237  Sir john eliot, 
ibid.  Mr Selden concerning the printing of the Petition of Right, 
ibid.  His Majesty's message jan. 23, 24. 
pag. 238  Mr Walter, jan. 26 
ibid.  Mr Secretary Coke, 
ibid.  Sir Francis Beamor, 
ibid.  Mr Kirton, 
ibid.  Mr Sh●rland, 
pag. 239  Sir Nath. Rich jan. 27 
ibid.  The King's Message by Secretary Coke, 
ibid.  Sir Walter Earl, 
pag. 240  Mr Corrington, 
ibid.  Mr Pymme, 
ibid.  Another Message from his Majesty january 28, delivered by Secretary Coke, 
ibid.  Mr Long's Reply, 
pag. 241  Sir Thomas edmond's; 
ibid.  Mr Corrington, 
ibid.  Sir john eliot, 
ibid.  Secretary Coke's speech, Feb. 3, 
pag. 242  Sir john eliot 
ibid.  Mr Speaker, 
pag. 243  Secretary Coke, 
ibid.  Sir Hum. May, 
ibid.  Sir john eliot at the Committee for Religion. 
ibid.  A Bill that no Clergy man be in Commission for Peace, Feb. 4 
ibid.  Mr Selden, 
pag. 244  A Petition against Dr. Cousins, 
ibid.  Sir Eubal Thelwall, 
ibid.  Mr Shervile, 
ibid.  Mr Rouse, 
ibid.  Mr Kirton, 
ibid.  Sir Robert Phillips, 
pag. 245  Sir Edward Giles, 
ibid.  Sir james Perot, 
ibid.  Mr Pymme, 
ibid.  Sir Robert Phillips, 
ibid.  A Petition about an imposition upon malt, Febr. 5, 
p. 246  Mr Long, 
ibid.  Mr Ogle 
ibid.  Secretary Coke, 
ibid.  Sir Robert Phillips, 
ibid.  A Petition against Whittington a Papist, Febr. 6. 
ibid.  Mr Shervile, 
pag. 247  Sr Nath. Richardo, 
ibid.  Sr O. Roberts, upon an Affidavit against Dr Cousins, 
ibid.  Sr john eliot, 
ibid.  Mr Kirton, Febr. 7. 
ibid.  Sr Walter Earl, 
ibid.  Sr Robert Phillips, 
ibid.  Mr Selden, 
pag. 249  Sr Robert Phillips, 
ibid.  Mr Pymme, 
ibid.  Mr Shervile, 
ibid.  Sr john Stanhope, 
ibid.  Sr Nath. Rich, 
ibid.  Sr john eliot, 
ibid.  Sr Daniel Norton. 
pag. 250  Sr Robert Phillips, 
ibid.  The Chancellor of the Duchy, 
ibid.  Sr Thomas Heale, 
ibid.  Mr Valentine, 
ibid.  Transactions concerning Cousins, Bishop Montague, etc. Febr. 9 
ibid.  Sr Robert Phillips, February 10, 
pag. 251  Mr Chancellor of the Duchy, 
pag. 252  Mr Selden, 
ibid.  Sr Francis Seymour, 
ibid.  Mr Selden, 
pag. 253  Mr Kirton, 
ibid.  Mr Littleton, 
ibid.  Sr Benjamin Ruddier, 
ibid.  Mr Selden Febr. 11, 
ibid.  A Petition of the bookseller's and printers at the Committee for Religion, 
pag. 254  Mr Shervile's Report concerning Dr Sibthorpe, Cousins and Manwaring, 
ibid.  Sir Walter Earl, 
pag. 255  A Committee for tonnage and poundage Febr. 12 Shervile in the Chair, 
ibid.  Sr john eliot 
ibid.  A Petition against Burges a Priest, Febr. 13, 
pag. 257  Sr john eliot, 
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  Mr Kirton. 
ibid.  Sr Thomas Hobbie at a Committee for Religion, 
pag. 260  Mr Stroud at a Committee for Religion Febr. 16, 
p. 261  Another petition preferred by Mr Chambers Febr. 17. 
p. 262  A public Fast Febr. 18, 
p. 263  Mr Dawes called in question for taking Mr Rolls his goods Febr. 19, 
ibid.  A petition of Complaint against the Lord deputy of Ireland, Febr. 20, 
ibid.  A petition by Mr 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 King's speech in the House of Parliament, March 10. to dissolve it, 
pag. 268  His Majesty's letter and queres concerning ship money and the answer thereunto. 
   

Pag. 10. lin. 18. for euge, ingredi, read yet coge ingredi.   

The KING'S Speech 17. March 1627.  
My Lords and Gentlemen,  
THese Times are for action, wherefore for example's sake I mean 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 hurtful 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 knows 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 persuasions; for if to maintain your own advices, and as now the case stands, by the following thereof the true Religion, Laws and Liberties of this State, and the just defence of our true Friends and Allies, be not sufficient, than no eloquence of Men or Angels will prevail.  
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 Commonwealth: 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 ancient, speediest & best way in this time of common Danger, to give such supply as to secure ourselves, and to save our Friends from imminent ruin, have called you together. Every man must do according to his conscience. Wherefore if you (which God forbidden) should not do your duties in contributing what the State at this time needs, I must in discharge of my conscience use those other means which God hath put into my hands, to save that which the follies of particular men may hazard to lose.  
Take not this as a threatening, for I scorn to threaten any but my equals; but an admonition from him that, both out of nature and duty, 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 only make me approve your former Counsels, but lay on me such obligations as shall bind 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 only add 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, remembering 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 ways of distractions, and follow the counsel 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 Majesty hath been more then enough to refrain the superfluity of that humour, but here is yet more; For that short and excellent compacted Speech which you have heard from his Majesty, gins with a reason, It is a time for action and not for speech. Examples and Command master the Will, 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 minds: and the matter being known, long speeches from me were but babbling to beat the air.  
Ye are here in Parliament by his Majesty's writ and royal command, to consult and conclude of the weighty and urgent business of this Kingdom. Weighty 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 sum of it in few words.  
The Pope and House of Austria have long affected, the one a Spiritual, the other a Temporal Monarchy: 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 bowels of the Kingdom swayed 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 fare, that albeit upon his Majesty's interposition by his Ambassadors, and his engagement of his royal word, there was between the King and his Subjects Articles of agreement, and the Subjects were quiet, whereby his Majesty 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 only 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 ruin of his own and other Kingdoms.  
Other Potentates that in former times did balance and interrupt the growing greatness of the House of Austria, are now removed and diverted. The Turk hath made peace with the Emperor, and turned himself wholly into wars with Asia; the King of Sweden is embroiled in a war 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 Kingdom on this and on that side the Sound, so as the house of Austria is on the point to command all the Seacoasts from Dan●zick to Emden, and all the Rivers falling into the Sea in that great extent, so as besides their power by Land, they begin 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 Ambassadors threatening 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 Dunkirk, and by the now French and Spanish Admiral, to the ruin of Fishing, of infinite consequence both to us and the Low Countries, they infest all our coast, so as we pass 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 reinforce it, and a greater Fleet is making ready at Lisbon, where besides their own, they do serve themselves upon all stranger's bottoms coming to that coast for trade. And these great preparations are no doubt to assault us in England or Ireland, as they shall find advantage, and a place fit for their turn.  
Our friends of the Netherlands, besides the fear that justly troubles them lest the whole force of the Emperor 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 Emperor, France, and Spain being in open war against us, Germany overrun, 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 courages, but to press to provision worthy the wisdom of a Parliament. And for that cause his Majesty hath called you hither, that by a timely provision against those great imminent dangers, ourselves may be strengthened at home, our Friends and Allies encouraged abroad, and those great causes of fear scattered and dispelled.  
And because in all warlike preparations Treasure bears the name, and holds the semblance of the nerves and finewes, and if a finew be too short or too weak, if it be either shrunk or strained, the part becomes unuseful: it is needful that you make a good and timely supply of treasure, without which all counsels will prove fruitless. I might press many reasons to this end, I will but name few.  
First for his Majesty's sake, who requires it: great is the duty which we own him by the law of God, great by the law of Nature and our own Allegiance, great for his own merit, and the memory of his ever blessed Father. I do but point at them, but me thinks our thoughts cannot but recoil on our consideration, touched by his Majesty, which to me seems to sound like a Parliamentary part or Covenant.  
A War was advised here, Assistance professed, yea and protested here; I do but touch it, I know you will deeply think on it, and the more for the example the King hath set you, his Lands, his Plate, his Jewels he hath not spared to supply the War; what the People hath protested, the King for his part hath willingly performed.  
Secondly for the Cause sake: it concerns us in Christian Charity to tender the distresses of our Friends abroad, it concerns us in honour not to abandon them that have stood for us; and if this come not close enough, you shall find our Interest so woven and involved with theirs, that the Cause is more ours then theirs. If Religion be in peril, we have the most flourishing and orthodox Church; if Honour be in question, the steps and monuments in former ages will show that our Ancestors have left us as much as any Nation; if Trade & Commerce be in danger, we are Islanders, it is our life: all these at once lie at stake, and so doth our safety and being.  
Lastly, in respect of the manner of his Majesty's demand, which is in Parliament, the way that hath ever best pleased the subjects of England: and good cause for it; for Aides granted in Parliament work good effects for the People; they be commonly accompanied with wholesome Laws, gracious Pardons, and the like: Besides, just and good Kings finding the love of their people, and the readiness of their supplies, may the better forbear the use of their Prerogatives, and moderate the rigour of the Laws towards their Subjects.  
This way, as his Majesty hath told you, he hath chosen not as the only way, but as the fittest; not as destitute of others, but as most agreeable to the goodness of his own most gracious disposition, and to the desire and weal of his people. If this be deferred, Necessity and the Sword of the Enemy make way to the others. Remember his Majesty's admonition, I say, remember it. Let me but add and observe God's mercy towards this land above all others: the torrent of War hath overwhelmed other Churches and Countries, but God hath hitherto restrained it from us, and still gives us warning of every approaching danger to save us from surprise. And our gracious Sovereign in a true sense of it calls together his High Court of Parliament, the lively representation of the wisdom, wealth, and power of the whole Kingdom, to join together to repel those hostile attempts, which have distressed our Friends and Allies, and threatened ourselves.  
And therefore it behoves all to apply their thoughts unto Counsel and Consultations worthy the greatness and wisdom of this Assembly, to avoid discontents which may either distemper or delay, and to attend that unum necessarium, the common Cause, propounding for the scope and work of all the debates, the general good of the King and Kingdom, whom God hath joined together with an indissoluble knot, which none must attempt to cut or untie. And let all by unity and good accord, endeavour to pattern this Parliament by the best that have been, that it may be a pattern to future Parliaments, and may infuse into Parliaments a kind of multiplying power and faculty, whereby they may be more frequent, and the King our Sovereign may delight to sit on this Throne, and from hence to distribute his graces and favours amongst his people.  
His Majesty hath given you cause to be confident of this you have heard from his royal mouth, which nevertheless he hath given me express command to redouble; If this Parliament by their dutiful and wise proceed shall but give this occasion, his Majesty will be ready, not only to manifest his gracious acceptation, but to put out all memory of those disasters that have troubled former Parliaments.  
I have but one thing to add, and that is, As your consultations be serious, so let them be speedy. The Enemy is beforehand with us, and flies on the wings of Succese: we may dally and play with the hourglass, that is in our powers, but the hour will not stay for us, and an opportunity once lost cannot be regained. And therefore resolve of your Supplies, that they may be timely and sufficient, serving the occasion. Your Counsel, your Aid, all is but lost, if your Aid be either too little or too late: And his Majesty is resolved that his affairs cannot permit him to expect it overlong.  
And now having delivered what his Majesty hath commanded me concerning the cause of this Assembly, his Majesty willeth that you of the House of Commons repair to your own House, to make choice of a Speaker, whom his Majesty will expect to be presented unto him on Wednesday next at two of the clock.   

The Speaker Sir John Finches Speech, March 19 1627.  
Most Gracious Sovereign,  
YOur obedient and loyal Subjects, the Knights, Citizens and Burgesses by your royal Summons here assembled, in obedience to your gracious direction, according to their ancient usage and privilege, have lately proceeded to the choice of a Speaker, and, (whether sequestering their better Judgements for your more weighty affairs, or to make it known that their honour and wisdom can suffer neither increase nor diminution by the value or demerits of any one particular Member, in what place soever serving them) omitting others of worth and ability, they have fixed their eyes of favour and affection on Me.  
Their long knowledge of my unfitness every way to undergo a charge of this important weight and consequence, gave me some hope they would have admitted my just excuse: yet for their further and clearer satisfaction, I drew the curtains, and let in what light I could upon my own inmost thoughts, truly and really discovering to them what myself best known, and what I most humbly beseech your royal Majesty to take now into consideration; that of so many hundreds sitting amongst them, they could have found few or none whose presentation, to your Majesty would have been of less repute, or advantage to them: For, & impeditioris linguae sum, and the poor experience I have of that royal Assembly is so ill balanced with true judgement, that every gust and wave hath power on me; whereby I shall not only suffer in my own particular, but (which I apprehend with much more care and sorrow) prejudice their common Interest.  
Wherefore, dread and dear Sovereign, as low as the lowest step of your royal throne I humbly bend, appealing to your great & sovereign judgement for my discharge from this so unequal a burden imposed on me: most humbly and earnestly beseeching your most excellent Majesty, for the honour of that great Council, and the better digestion of public Services there, and withal to avert so ill an Omen as the choice of Me in the beginning of a Parliament, ordained (I hope) for the joy of our own, and the envy of other Nations, that by your gracious Command the House may re-consult, and settle their better thoughts on some more worthy their election, and your Majesty's approbation.   

The Lord Keeper Coventry's Reply.  
Mr. Speaker,  
HIs Majesty with a most gracious care and princely attendance hath heard your humble excuse: he knows well the importance of your place, but your ability to discharge it he approves, and commends the election of the House of Commons; and therein receives the more content, because they have followed the light taken from himself, who formerly made choice of you to serve in a place of Trust both about himself, and his royal Consort.  
The Omen cannot be ill, and the People so readily follow him whom God hath ordained to go in and out before them. And therefore knowing your tackling to be strong, and finding your sail moderate, and not overborn, his Majesty doth doubt neither gust nor wave to endanger your passage. But since you are duly chosen, his Majesty counsels and commands, that unto your humility you add resolution and courage: they stand well together, and being well joined, they will arm all your abilities to that great Employment of service to your King and Country, which as the Commons by their uniform voice have put upon you, so his Majesty by his royal approbation doth girt unto you, and settle you Speaker.   

The Speaker Sir John Finches Reply.  
IT is now no time nor manners longer to dispute with my Lord the King, but with all joy of heart and alacrity humbly and thankfully to meet so great a favour from the best of Masters and the best of Men. Therefore first, I lift up my heart to him that sits on the Throne of heaven, per quem Principes imperant & Potentes decernunt justitiam, humbly begging at his hands, that made the tongue, to give me speech, and that framed the heart of man, to give me understanding; for I am but as Clay in the hands of the Potter, and he will mould me for honour or dishonour as best seems good unto him. Next, I bow my knees unto your most excellent Majesty in all humble and hearty acknowledgement of this, and many other your great and gracious Favours.  
The truth of mine heart, full of zeal and duty to your Majesty and the public as any man's, quits me from all fear of running into wilful and pregnant errors; and your Majesty's great goodness, of which I have been so large a partaker, gives me strong assurance that, having by your gracious beams drawn me up from earth and obscurity, you will so uphold me by a benign and gracious interpretation of all my words and actions, that I fall not down again like a crude and imperfect vapour, but consome the remainder of my days in the zeal of your Majesty's service.  
This great and glorious Assembly, made perfect by your royal presence, like a curious Perspective, the more I behold it, with the more joy and comfort I find a lively representation of that true happiness, which under your Majesty's gracious government we all enjoy. A better tongue were fit to express it; but a rich Stone retains his value, though ill set.  
Here in the fullness and height of your Glory (like the Sun in the exaltation of his Orb) sits your most excellent Majesty, the sovereign Monarch of this famous Isle, in a Throne made glorious by a long succession of many and great Princes. A meditation worthy our better thoughts, that we live neither enthralled to the fury of the giddy-headed multitude, nor yet to the distracted wills of many Masters, but under the command of a King, the stay and strength of a People; one (as Homer saith well of a King) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not to be laid in common balance with other men: for Kings know no other Tenure but God's service, and their value it is only tried at his Beam: whence the Poets said, the Parents of the first Kings were Coelum & Terra, Divine institution and Humane approbation.  
Besides that it is a Sovereignty also hereditary, which makes the Commonwealth the King's care, as that which is the King's own Patrimony, and the inheritance of his Children; when elective Monarchies quickly run to ruin, and are commonly made poor by the enriching of several Families.  
On your right hand are the reverend, religious and learned Prelates, the Lights of the Church, fit to be set in golden Candlesticks, and not made contemptible by Parity or Poverty: lively Ideas of that blessing above the rest, which by God's great goodness and your Majesty's great piety this Realm enjoys, the liberty of the Gospel, and the free profession of God's true Religion.  
Your Majesty passed the fiery trial in Spain, and gave us then assurance that your faith was built on that rock against which the gates of hell shall never prevail. Since your coming to the Crown, by your royal Edict you have banished those Incendiaries of Rome, the Priests and jesuites, enemies to our Church and State; so as now they are either gone, or lurk in corners like the sons of darkness. You have given life to the Laws against Recusants, and by your own exemplary piety have drawn more than you have compelled to come to Church. Euge, ingredi, ut impleatur domus mea, was his command that made the great Feast, and is the duty of Magistrates.  
And certainly, dread Sovereign, true Religion will ever be a target to them that are a buckler to it: No cement so strong to hold your Subjects hearts together in their true obedience.  
Our Religion never bred a Clement, or a Ravillack: and that execrable Villainy never to be forgotten here, when all of us (horresco referens) in an instant should have been turned into ashes, and those scattered in the wind, was a Monster could never have been engendered, but by the Devil or the jesuites.  
On your left hand sit your Nobles, the Lights of Honour, full of courage and magnanimity, yet in right distance between Crown and People, neither over-shadowing the one, or oppressing the other.  
Before your Throne, like the twelve Lions under Solomon's Throne, sit the Lights of Justice, your grave judges and Sages of the Law, learned and just as many Ages have known, and learning justice by your example.  
Our Laws, as excellent as they are, (I am sure no humane Laws excel them, nor could so well suit with the constitution of this People) were they in the power of corrupt or ignorant men (I know not which were worse, for one will perhaps oftener err than the other bribe) Justice could never keep her right channel, nor run clear, as in your Majesty's reign it ever hath.  
I must not forget the other Lights, the Knights, Citizens, and Burgesses, the Representative of their Estate, who although they move lower and at more distance from your royal Person, yet (I am confident) will ever be found constant to the Poles of Love and Loyalty.  
'Tis a gracious Favour of your Majesty and our former Kings I have often thought on, that when both these Houses are humble suitors for any thing, they are never denied; Le Roy s'aviserà, The King will advise of it, is the greatest denial. And I assure myself your Majesty shall find all your Subjects so full of duty to your Crown, and of true and loyal affection to your royal Person, that you shall never have cause to think your gracious Favours ill bestowed on them.  
The Union of Hearts, Sir, is a greatness beyond that of the Kingdom, to which you are Heir. 
Et penitus toto divisos orbe Britannos,  it is a Name of advantage to this Island, if the Division be not amongst ourselves: which the God of Unity for his mercy's sake forbidden, and so knit our Hearts in love one to another, and all of us in duty and loyalty to your most excellent Majesty, that this renowned Island perish not by our Distractions, but may ever flourish, and be like jerusalem the City of God, where his Name may be for ever honoured.  
Great and glorious have been the Actions of your royal Predecessors, yet greater remain for your Majesty, and most of theirs attend you for their perfection.  
The first Christian King of Europe, the first that abated the swelling pride of Rome by banishing his usurped power, and God's true Vicegerent, the first that established the true Religion now professed, were all Kings of England, and the last a young one.  
Queen Elizabeth was a woman, yet Spain hath cause to remember her: the Protestants of France and the Low-Countries will never forget her. And were Henry the Great alive, he would say, That in requital of the love of this Kingdom shown him, he hath sent us one of his own Loins, your royal Consort, our most gracious Queen, to propagate these blessings to us and our posterity for ever. Your royal Father (of ever blessed and famous memory) had a Reign like Solomon's; for Religion, no man knew more a lustre or advantage to him, this Age shall deliver it to the next, and all Ages shall see it in his Kingly Works.  
But while under his glorious Reign we abode in peace and plenty, our hands had forgot to war and our fingers to fight, till at last by your Princely mediation, upon the humble suit of both these Houses, the two Treaties were dissolved, and a foundation laid for your Majesty to restore us to our ancient and Military honour; which I doubt not will quickly be.  
Eritis sicut Dii, was the Serpent's Counsel, and ruined Mankind: nor is it fit for private men (much less for me) to search into the Counsels or Actions of Kings. Only, Sir, give me leave from an heart full of zeal to your glory and greatness, to say to your Majesty, the Times require you, Religion calls upon you to go on with that Kingly Courage you have begun, till the state of Christendom be settled in the right Balance again.  
We see how the Eagle spreads his wings in Germany, reaching with his talons as fare as the Sound and Baltic sea: Denmark and Sweden in danger of utter ruin by seizing: the Electorates, the choice of the Empire, invested in a manner solely in the House of Austria: Our Religion in France and every where never so near a period. And we know who it is for whom all this works; he of whom the boast is made, Allà qui Monarqui nasciendo d'el monendo, who by the ruin of us and our Religion will make a new Zodiac, and draw an Ecliptic line through the East and West Indies. But he that sits on high will in his good time laugh them to scorn; and, as that wife Woman said to King David, God will make to my Lord the King a sure house, if my Lord shall continue to fight the battles of jehovah: and let all England say, Amen.  
I have presumed too fare upon your royal Patience, and therefore I will conclude with a few words for them that sent me, who are humble suitors to your excellent Majesty,  
First, for our better attending the public and important services, that ourselves and our necessary Attendants may be free, both in our persons and goods, from all arrests and troubles, according to our ancient privilege and immunities.  
Next, that, since that in all great Counsels where difference of opinion is, truth is best discovered by free debates, your Majesty, according to our like ancient use and privilege, will be graciously pleased to allow us liberty and freedom of speech, and I assure myself we shall not pass the latitude of duty and discretion.  
That upon all occurrences of moment, fit for resort to your own person, your Majesty, upon humble suit, at your best leisure, will vouchsafe us access to your royal person.  
And lastly, that all our proceed being lodged in your royal heart with belief of our zeal and loyalty, we may reap the fruits of it▪ by your Majesty's gracious and favourable interpretation.  
One word more I humbly beg for myself, That though it be the beginning of a Parliament, I may now and ever enjoy your Majesty's most gracious and general free Pardon.   

The Lord Keeper Coventry's second Reply.  
Mr. Speaker,  
HIs Majesty with no less content than attention hath heard your learned Discourse: he observes your beginning with his gracious encouragement and advice, not forsaking your humble modesty, but adding to it thankfulness, alacrity, and joy of heart; a just and right temper.  
He observes you derive these aright, first, from the Throne in heaven: he looks thither with you, and joins in prayer, that both you and all this Assembly by that Divine hand and power be moulded, and procured for the honour, safety and good of the Church and Kingdom. Next, you apply yourself to the Throne on earth: his Majesty doth graciously accept your protestations of the truth of your heart, the fullness of your zeal and duty to his Majesty and the Public: he believes it, and that not in you alone, but in all this Assembly; so that you are secure not only from wilful and pregnant errors, 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 strains not at gnats, he will easily distinguish between a vapour and a fog, between a mist of error and a cloud of evil; right he knows, if the heart be right, Out of the abundance of the heart the mouth speaks.  
You proceed to a survey of the lustre of this great and glorious Assembly, and in that, as in a curious Crystal, you observe the true happiness which we all here enjoy. You have distributed and divided aright, and whosoever sees it otherwise hath an evil eye, or a false glass. We have enjoyed it long, through the happy means of gracious and good Princes; and the way to enjoy it still, is to know and hearty to acknowledge it, and that God hath not done so to any other Nation. It is a prime cause or means of this our happiness.  
You mention the form of Government under which we live, a Monarchy, and the best of Monarchies, where Sovereignty is hereditary, 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 happiness, Blessed art thou, O Land, where thy King is the son of Nobles.  
The frames of other States are subject some to inconstant Levity, some to Faction, some to Emulation and Ambition, and all to manifold Distempers, in which the People go to wrack. The Monarchy is most natural, 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 tried a while, do for the most part resolve into this, as into the best for Peace, for Strength, and for Continuance. But forms of other governments, though never so exact, move not of themselves, but are moved of their governor's. And therefore our Monarchy, (as you have truly said) this glorious Assembly, the lively image and representation of our Monarchy, is made happy and perfect by the Royal Presence that sits here in his highest Royal Throne, the Throne of the Lawgiver, glorious in itself, glorious by those happy Laws and Oracles which have issued from it, and most glorious by them that sit on it, his Majesty and his Royal progenitors, incomparable Kings, that with so much honour have swayed the Sceptre of this Kingdom so many successions of Ages.  
In the next place, after the Throne of Majesty, you look into the Chair of Doctrine, the reverend Prelates, and upon the state of Religion, their proper charge. This is the blessing of all blessings, the privilege and assurance that secures us of all the rest, that as our Religion is most sincere and orthodox, so our Clergy is eminent, both for purity of Doctrine and integrity of Life; our Priests are clothed with righteousness, and their lips preserve knowledge, and therefore God's Saints may and do sing with joyfulness.  
I must join with you in attributing this transcendent blessing to us, as in the first place to God's goodness, so in the second to his Majesty's piety, who, following the steps of his ever-blessed Father, is careful that all the Lamps of the Church may be furnished with Oil, and especially those which are set on golden Candlesticks with the purest and best oil. The Schools also and nurseries of Learning, never so replenished, especially with Divinity, as in this last Age, as they all show his Majesty's Piety, so are they infallible Arguments of his Constancy.  
The trial, which you call the fiery trial, undergone by his Majesty in the place of danger, and again the power and policy of Rome and Spain, hath approved his resolution inimitable: and his own remarkable example in his closet, and his chamber, his strict oversight of and command to his Household servants, and his charge to his Bishops and Judges, his Edicts, his Proclamations and Commissions, and the like, for the execution of the Laws, and his general care to preserve the fountain pure both from Schism and Superstition, are fair fruits and effects of a pious and zealous resolution.  
From the chair of Doctrine you turn to the state of Honour, unto the Nobles and Barons of England. These are Rob●r belli, who for the service of the King and Kingdom, are to make good with their Swords what the Churchmen must hollow and bless by their Prayers. And therefore as the Prelates are the great Lights of the Church, so the Nobility are the Stars of the State; and you know that the stars 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 Lions under Solomon's Throne, the judges and Sages of the Law, and as their peculiar charge entrusted to them by our Sovereign, the Laws of the Kingdom: Laws undoubtedly fitted to the constitution of this people, for Leges Angliae and Consuetudines Angliae are Synonyma, and Consuetudo est altera natura; so as besides the justness and rightness of the Laws, they are become natural to our people, and that is one of the powerfullest means which begetteth obedience: and such Laws in the mouths of learned and upright Judges, are like waters in a pure channel, 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 rejoice.  
From the Law you pass 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 King's honour: and therefore you may be sure that distance of place and order breeds no distance in affection; for wise Kings ever lay their honour next to their hearts. King's are pastors populi; and the Shepherd's care is nothing less to the furthest, then to the next part of his Flock; and it is as much towards the least of his Lambs, as towards the greatest cattle. And as in the Natural body, no member is so remote, but it is still within the care of the head: so in this great Politic body of the Kingdom, no rank or order of People so low, is at such distance from the Throne, but it daily feels the influence and benefit of the King's care and protection. And, to say the truth, in a well-governed Kingdom, the superior ranks of Nobles, of Judges, and of Magistrates, are not ordained for themselves, but as conduits for the King's justice, protection and goodness to the lower ranks 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, join them together, and in that juncture, you believe truly and materially that the greatest denial of their joint requests is, The King will advise. A note very remarkable: It shows the indulgence of Kings, it shows also the wisdom and judgement of the Houses; the King not willing to deny his People, People not willing to press their King to a denial; 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 ensuing Parliaments.  
This union you rightly call the union of Hearts, and a greatness beyond the Kingdoms which the King inherits: so than its a present fit for a wise people to offer to their gracious King. Wise and magnanimous Kings are a special gift from God, having hearts capable of greatness: union of hearts is greatest, and greatness 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 memorial of the great and glorious actions of his Majesty's Predecessors, 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 success in our time should look back upon our Forefathers. Wisdom requires it, Honour and the Time requires it, that we should show ourselves the sons of our Ancestors, 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: God's vine planted and deeply rooted here, overspread into our neighbour Countries, hath of late lost many of her goodly branches. The Austrian Eagle, that wanted feathers till of late, now soars and preys at will over all. Spain, so often foiled by us, hath (by disguised treaties) despoiled of their patrimony those princely Branches of our royal Cedar, and posts apace to his universal Monarchy, to the ruin 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 royal Descent, and hath linked himself in the House of Henry the Great, and he bears a glorious and auspicious name suitable to his thoughts and desires: and therefore since Honour and Religion call for it, and since you have encouraged him to fight Iehovah's battles, let all put to their hands, that our King and Nation may have the honour to set Christendom in her right Balance.  
And now to come to the petitions you have made for the House; his Majesty most graciously and readily grants them all according to your true and ancient Rights and Privileges of Parliament, which his Majesty trusts you will have care not to exceed or transgress: and therefore you may go cheerfully together, and speedily settle about the public affairs. And the almighty God prosper the works of your hands, I say, the almighty God prosper your handiwork.   

Mr. Goodwin's Speech, March 22. 1627.  
Mr. Speaker,  
IT hath pleased his Majesty 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 ruin of this Kingdom: 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 address ourselves 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 satisfy our Country that sent us hither, and preserve our Rights and Privileges, which have as surely been broken and infringed, as undoubtedly they belong to us.   

Sr. Francis Seymour's Speech, March 22. 1627.  
THis is the great Council of the Kingdom, and here, if not here alone, his Majesty may see as in a true glass the state of the Kingdom. We are all called hither by his Majesty's writs to give him faithful counsel, such as may stand with his honour, but that we must do without flattery, 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 unlawful, said, Though there were no written Law, the Persian Kings might do what they list. This was base flattery, fit for reproof then imitation: and as flattery, 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 Majesty as any man, not neglecting the Public.  
But how can we speak our affections, while we retain our fears, or speak of giving, till we know whether we have any thing to give or not? For if his Majesty shall be persuaded to take what he will, what need we to give?  
That this hath been done, appeareth by the billeting of Soldiers, a thing no way advantageous to his service, and a burden to the Commonwealth▪ 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 Projectors in it. To countenance these proceed, hath it not been preached in the pulpit, or rather prated, All we have is the Kings? But when they forsake their own calling, and turn ignorant Statesmen, we see how willing they will be to change a good conscience for a Bishopric.  
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 employed abroad. I speak this to this end, to show the defect proceeded not from this House.  
I must confess he is no good Subject that would not willingly and freely lay down his life, when the End may be the service of his Majesty, and the good of the Commonwealth. 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 Kingdom. In doing this we shall but tread the steps of our Forefathers, who still preferred the public 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 Majesty.  
I offer this in the general, thinking the particulars fitting for Committees. What I may now say, or shall then, I submit to better Judgements.   

Sr. Thomas Wentworth's Speech, March 22. 1627.  
MAy this day's resolution be as happy, as I conceive the Proposition (which now moves me to rise) to be seasonable and necessary; for which we shall either look upon the King or his people. It did never more behoove this great Physician the Parliament to affect a true consent amongst the parts, than now. This debate carries with it a double aspect, towards the Sovereign, towards the Subject: though both be innocent, yet both are injured, both to be cured. In the representation of Injuries I shall crave your attention; in the Cure I shall beseech your equal cares and better judgements.  
Surely, in the greatest humility I speak it, these illegal ways are punishments and marks of indignation; the raising of Levies strengthened by Commission with unheard of instructions, the billeting of Soldiers by the Lieutenants and Deputy-lieutenants, have been as if they could have persuaded Christian Princes, nay worlds, the right of Empire had been to take away by strong hand, and they have endeavoured (as fare as was possible for them) to do it.  
This hath not been done by the King, (under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice) but by Projectors: They have pretended the Prerogative of the King beyond the just proportion, which makes the sweet harmony of the whole; They have rend from us the light of our eyes, enforced a company of guests worse than the Ordinaries of France, vitiated our wives and daughters before our faces, brought the Crown to greater want than ever by anticipating the revenue: and can the Shepherd be thus smitten, and the Sheep no scattered? They have introduced a Privy Council, ravishing at once the spheres of all ancient government, imprisoning us without bank or bond: They have taken from us— what shall I say? (indeed what have they left us?) all means of supplying the King, and ingratiating ourselves with him, taken up the roots of all Propriety, which if it be not seasonably set into the ground by his Majesty's own hand, we shall have instead of Beauty, Baldness.  
To the making of them whole I shall apply myself, and propound a remedy to all these diseases. By one and the same thing hath King and people been hurt, and by the same must they be cured; by vindicating— what? new things? no, our ancient, sober and vital Liberties by reinforcing the ancient Laws made by our Ancestors; by setting such a Character on them, as no licentious spirit shall dare to enter upon them. And shall we think this is a way to break a Parliament? no, our desires are modest and just; I speak truly both for the interest of King and people. If we enjoy not these, it will be impossible to relieve him: therefore let us never fear that they shall not be accepted by his Goodness.  
Therefore I shall descend to my Motion consisting of four parts; two of which have relation to our Persons, two to the propriety of our Goods. For our Persons, the freedom of them, first from imprisonment, secondly from employment abroad, contrary to the ancient Customs. For our Goods, that no levies may be made but by Parliament: secondly, no billeting of soldiers.  
It is most necessary that these be resolved, that the Subject may be secured in both. For the manner, in the second place, it will be fit to determine it by a grand Committee.   

The Speech and Argument of Mr. Creswell of Lincolne's Inn, one of the Members of the Commons House of Parliament, concerning the Subject's grievance by the late Imprisonment of their persons without any declaration of the Cause.  
I Stand up to speak somewhat concerning the point of the Subjects grievance by imprisonment of their persons without any declaration of the cause, contrary unto, and in derogation of the fundamental Laws and Liberties of this Kingdom.  
I think I am one of the puisnes of our profession, which are of the Members of this House; but howsoever sure I am that in respect of my own inabilities I am the puisne of all the whole House: therefore according to the usual course of Students in our profession, I (as the puisne) speak first in time, because I can speak least in matter.  
In pursuance of which course I shall rather put the case then argue it: and therefore I shall humbly desire first of all, of this honourable House in general, that the goodness of the cause may receive no prejudice by the weakness of my Argument; and next of all, of my Masters here of the same profession in particular, that they by their learned judgements will supply the great defects I shall discover by declaring of my unlearned opinion.  
Before I speak of the Question, give me leave, as an entrance thereunto, to speak first of the Occasion.  
You shall know justice is the life and the heart blood of the Commonwealth; and if the Commonwealth bleed in the Master-vein, all the Balm in Gilead is but in vain to preserve this our body of Policy from ruin and destruction. Justice is both Columna & Corona reipublicae, she is both Column and the Pillar, the Crown and the glory of the Commonwealth. This is made good in Scripture by the judgement of Solomon, the wisest King that ever reigned on earth. For first, she is the Pillar; for the saith that by Justice the Throne shall be established: Secondly, she is the Crown; for the saith that by Justice a Nation is exalted.  
Our Laws, which are the rules of this Justice, they are the ne plus ultra to both the King and the Subject: and as they are the Hercules Pillar, so are they the pillar to every Hercules, to every Prince, which he must not pass.  
Give me leave to resemble her to Nebuchadnezars tree: for she is so great, that she doth shade not only the Palace of the King, and the house of the Nobles, but doth also shelter the Cottage of the poorest beggar.  
Wherefore if either now the blasts of indignation, or the unresistable violatour of law's Necessity hath so bruised any of the branches of this Tree, that either our persons, or goods or prossessions have not the same shelter as before; yet let us not therefore neglect the Root of this great Tree, but rather with all our possible endeavour and unfeigned duty, both apply fresh and fertile mould unto it, and also water it even with our own tears, that so these bruised Branches may be recovered, and the whole Tree again prosper & flourish. For this I have learned from an ancient Father of the Church, that though preces Regum sunt armatae, yet arma subditorum are but only preces et lachrymae.  
I know well that Cor Regis inscrutabile; and that Kings, although they are but men before God, yet are they Gods before men. And therefore to my gracious and dread Sovereign, (whose virtues are true qualities ingenerate both in his judgement and nature) let my arm be cut off, nay, let my soul not live that day, that I shall dare to lift up my arm to touch that forbidden fruit, those flowers of his princely Crown and Diadem.  
But yet our Eden, in this garden of the Commonwealth, as there are the flowers of the Sun, which are so glorious that they are to be handled only by royal Majesty; so are there also some Daisies and wholesome herbs, which every common hand that lives and labours in this garden may pick and gather up, and take comfort and repose in them. Amongst all which this oculus diei, this bona libertas is one, and the chief one.  
Thus much in all humbleness I presume to speak for the occasion. I will now descend to the Question: wherein I hold, (with all dutiful submission to better judgements) that these Acts of power in imprisoning and confining of his Majesty's Subjects in such manner, without any declaration of the cause, are against the fundamental Laws and Liberties of this Kingdom.  
And for these reasons thus briefly drawn, I conclude.  
1. The first from the great favour which the Law doth give unto, and the great care which it hath ever taken of the liberty and safety of this Kingdom.  
I should not need to take the question in pieces, nor handle it in parts dividedly, but as one entire, because I hold no other difference between imprisonment and confinement then only this, that one hath a less and straighter, the other a greater and larger Prison. And this word Confinement not being to be found in any one case of our law, if therefore it is become the language of State, it is too difficult for me to define.  
To proceed therefore in maintenace of my first reason; I find our Law doth so much favour the Subjects liberty of his Person, that the body of a man was not liable to be arrested or imprisoned for any other cause at the Common Law, but for force, and things done against the peace. For the Common Law (being the preserver of the land) so abhorreth force, that those that commit it she accounts her capital enemies, & therefore did subject their bodies to imprisonment. But by the statute of Marlebridge Cap. 24. which was made 35. Hen. 3. who was the eighth King from the Conquest, because Bailiffs would not render accounts to their Lords, it was enacted, that their bodies should be attached: And afterwards by the statute 23. Edw. 3.17 who was the 11 King after the Conquest, because men made no Conscience to pay their debts, it was enacted, that their bodies should likewise be attached. But before those statutes no many body was subject to be taken or imprisoned otherwise then as aforesaid. Whereby it is evident how much the Common Law favoured the Liberty of the Subject and protected his body form imprisonment.  
I will enforce the reason further by a Rule in law, and some cases in Law upon that Rule.  
The Rule is this, That Corporalis injuria non recipit aestimationem? fuluro: So as if the question be not for a wrong done to the person, the Law will not compel him to sustain it, and afterwards except a remedy, for the Law holds no damage a sufficient recompense for a wrong which is corporal.  
The cases in Law to prove this rule shall be these.  
If one menace me in my goods, or that he will burn the evidence of my land, which he hath in his custody, unless I make unto him a Bond, there I cannot avoid the Bond by pleading of this menace. But if he restrains my person, or threatens me with battery, or with burning my house, which is a protection for my person, or with burning an instrument of manumission▪ which is an evidence of my enfranchisement; upon these menaces these or dares I shall avoid the bond by plea.  
So if a Trespassour drives my beast over another Man's ground, and I pursue to rescue it, there I am a Trespassour to him on whose ground I am. But if a man assault my person, and I for my safety fly over into another man's ground, there I am no Trespassour to him, for Quod quis in tuitione sui corporis fecerit, jure id fecisse existimatur.  
Nay, which is more, the Common Law did favour the Liberty not only of Freemen, but even of the persons of Bondmen and Villains, who have no right of propriety either in lands or goods as Freemen have: And therefore by the Law the Lord could not maim his Villain nay, if the Lord commanded another to beat his Villain, and he did it, the Villain should have his action of Battery against him for it.  
If the Lord made a Lease for years to his Villain, if he did plead with his Villain, if he tendered his Villain to be Champion for him in a Writ of Right, any of those acts, and many other, which I omit, were in Law infranchisements, and made these Villains Freemen. Nay in a suit brought against one, if he by Attorney will plead that he is a Villain, the Law is so careful of Freedom, that it dissallowes this plea by Attorney, but he must do it propria persona, because it binds his Posterity and blood to the Villains also. And thus much in the general for my first reason.  
2. My next reason is drawn by an Argument à majori ad minus: I frame it thus; If the King have no absolute power over our Lands or Goods, then à fortiori not over our Persons, to imprison them without declaring the cause, for our Persons are much more worth than either Lands or Goods; which is proved by what I have said already, and Christ himself makes it clear where he saith, An non est corpus supra vestimentum, Is not the Body more worth than Raiment? where the Canonists say that Vestimentum comprehendeth all outward things which are not in the same degree with that which is corporal. And our Law maketh it also plain; for if a Villain purchase Frank-land, this maketh it Villain-land according to the nature of his person; but it holds not è converso, Frank-land shall not free the person. Now that the King hath no absolute power either over our Lands or Goods, I will only at this time but put a case or two: for without proof of the Premises my Conclusion would not follow.  
First for Land; The King cannot by his Letters patents make the son of an Alien heir to his father, nor to any other, for he cannot disinherit the right heir, saith the book, nor do no prejudice to the Lord of his Escheat. The King by his Prerogative shall pay no toll for things bought in Fairs and Markets: but a custom for paying toll to go over the soil and free-holds of another shall bind the King, for this toucheth the inheritance of the Subject; and therefore the King shall not have so much as a way over his lands without paying; and if not a way, then certainly not the land itself.  
Next for Goods; If a man hath a Jewel in gage for ten pound, etc. and is attainted for Treason, the King shall not have this Jewel, if he pays not the ten pound. So if cattle be distreined, and the owner of them afterwards be attainted, yet the King shall not have them until he have satisfied that for which they were distreined. And if in these Cases, where the owners of the goods are such capital offenders, the King cannot have them; much less shall he have them when the owner is innocent, and no offendor.  
Nay, I may well say that almost every leaf and page of all the volumes of our Common Law prove this right of propriety, this distinction of meum and tuum aswell between King and Subject, as one Subject and another: and therefore my Conclusion follows, that if the Prerogative extend not neither to Lands nor to Goods, then à fortiori not to the Person, which is more worth than either lands or goods, as I said. And yet I agree that by the very law of Nature service of the Person of the Subject is due to his Sovereign; but this must be in such things which are not against the law of Nature: but to have the body imprisoned without any cause declared, and so to become in bondage, I am sure is contrary unto and against the law of Nature, and therefore not to be enforced by the Sovereign upon his Subjects.  
3. My next reason is drawn ab inutili & incommodo. For the Statute de frangentibus prisonam made 1 E. 2. is, quod nullus qui prisonam fregerit, subeat judicium vitae vel membrorum pro fractione prisonae tantum, nisi causa pro qua captus imprisonetur tale judicium requirat. Whence this Conclusion is clearly gathered, That if a man be committed to prison without declaring what cause, and then if either Malefactor do break the prison, or the Gaoler suffer him to escape, albeit the prisoner so escaping had committed Crimen laesae majestatis, yet neither the Gaoler nor any other that procured his escape, by the Law suffer any corporal punishment for setting him at large; which, if admitted, might prove in consequence a matter of great danger to the Commonwealth.  
4. My next reason is drawn ab Regis honore, from that great honour the Law doth attribute unto sovereign Majesty: and therefore the Rule of Law is, that Solum Rex hoc non potest facere, quod non potest juste agere. And therefore if a Subject hath the donation, and the King the presentation to a Church, whereunto the King presents without the Subjects nomination, here the quare impedit lies against the Incumbent, and the King is in Law no disturber.  
And Hussey chief Justice in 1 H. 7. fol. 4. saith that Sir john Markham told King Edw. 4. he could not arrest a man either for treason or felony, as a Subject might, because that if the King did wrong, the party could not have his Action against him.  
What is the reason that an Action of false imprisonment lies against the Sheriff, if he doth not return the King's Writ, by which he hath taken the body of the Subject, but this, because the Writ doth breviter enarrare causam captionis, (which if it doth not, it shall abate, and is void in Law) and being returned, the party when he appears may know what to answer, and the Court upon what to judge? And if the Kings Writ under his great Seal cannot imprison the Subject, unless it contains the cause, shall then the Kings warrant otherwise do it without containing the cause, that his Judges upon return thereof may likewise judge of the same either to remain, or judge the party imprisoned?  
I should argue this point more closely upon the statute of Magnae Charta 29. quod nullus liber homo imprisonetur; the statute of West. 1. cap. 15. for letting persons to bail; and the Judgements lately given in the King's Bench: but the later of these statutes referring having been by that honourable Gent. (to whom the Professors of the Law both in this and all succeeding ages, are, and will be much bound) already expounded unto us, and that also fortified by those many contemporary Expositions and Judgements by him learnedly cited, and there being many learned Lawyers here, whose time I will not waste, who were present, and some of them perhaps of council in the late Cause adjudged in the King's Bench, where you (to whose person I now speak) do well know I was absent, being then of council in a cause in another Court, and my practice being in the Country, fare remote from the treasure of Antiquity, and Records conducing to the clearing of this point; Therefore the narrowness of my understanding commends unto me sober ignorance, rather than presumptuous knowledge, and also commands me no further to trouble your Patience▪  
But I will conclude with that which I find reported of Sir john Davis, who was the King's Sergeant, and so, by the duty of his place, would no doubt maintain to his uttermost the Prerogatives of the King his royal Master; and yet it was by him thus said in those Reports of his upon the case of Tavistry Customs, That the Kings of England always have had a Monarchy Royal and not a Monarchy Seignorall: where under the first (saith he) the Subjects are Freemen, and have propriety in their goods, and freehold, and inheritance in their Lands; but under the later they are as Villains and Slaves, and have propriety in nothing. And therefore (saith he) when a Royal Monarch makes a new Conquest, yet if he receives any of his Nations ancient Inhabitants into his protection, they and their heirs after them shall enjoy their Lands and Liberties according to the Law. And there he voucheth this Precedent and Judgement following given before William the Conqueror himself, viz.  
That one Sherborn, at the time of the Conquest being owner of a Castle and lands in Norfolk, the Conqueror gave the same to one Warren a Norman; and Sherborn dying, the Heir claiming the same by descent according to the Law, it was before the Conqueror himself adjudged for the Heir, and that the gift thereof by the Conqueror was void.  
If then it were thus in the Conquerour's time, & by his own sentence and judgement, and hath so continued in all the successions of our Kings ever since, what doubt need we have, but that his most excellent Majesty upon our humble petition prostrated at his feet, (which, as was well said, is the best passage to his heart) will vouchsafe unto us our ancient Liberties and Birthrights, with a through reformation of this and other just grievances. And so I humbly crave pardon of this honourable House, that I have made a short Lesson long.   

Sir Benjamin Ruddier's Speech, March 22. 1627.  
Mr. Speaker,  
OF the mischiefs that have lately fallen upon us by the late distractions, here is every man sensible: and that may ensue the like (which God forbidden) we may easily see, and too late repent. The eyes of Christendom are upon us; and as we speed here, so go the Fortunes of ourselves, our Friends, and of our Religion. That the Dangers were not real, but pretended, we all hearty wish, but feel the contrary. That divisions have weakened our party, and our attempts; united the two greatest Princes of Christendom against us, whom we have provoked. That the State is desperately diseased, and this Parliament the way that it may yet be recovered, if sovereign and proper remedies be speedily applied: 

1. To trust the King, whose Kingly nature is to yield: it prevails.  
2. To supply the King, and that without condition, which is fuel of Jealousy.  
3. To present our grievances to his Majesty, personal and real, humbly, moderately, and briefly.  
4. To do all this speedily and in order, whereby the King may be strengthened, the Kingdom recovered, our Allies relieved, and the Laws and Liberties of the Subject preserved in a legal propriety; for he that is not master of his goods, dwells not at home.     

Sir Robert Philip's his Speech, March 22. 1627.  
Mr. Speaker,  
I Read of a custom amongst the old Romans, that once every year they had a solemn Feast for their Slaves, at which they had liberty without exception to speak what they would (thereby to ease their afflicted minds) which being finished, they severally returned to their former Servitude.  
This may, with some resemblance and distinction, well set forth our present state, where now, after the revolution of some time, and grievous sufferance of many violent oppressions, we have (as those Slaves had) a day of liberty of speech, but shall not (I trust) be hereafter slaves, for we are free: yet what new illegal proceed our states and persons have suffered under, my heart yearns to think, my tongue falters to utter. They have been well represented by divers worthy Gentlemen before me; yet one, and the main (as I conceive) hath not been touched, which is our Religion: Religion, Mr. Speaker, made vendible by Commission, and men for pecuniary annual rates dispensed withal, whereby Papists may without fear of Law practice Idolatry.  
For the Oppressions under which we groan, I draw them into two heads: Acts of Power against Law, and Judgements of Law against our Liberty.  
Of the first sort are, strange instructions, violent exactions of money thereupon, imprisonment of the persons of such who (to deliver over to posterity the liberty they have received from their Forefathers, and lawfully were in possession of) refused so to lend; and this aggravated by reason of the remediless continuance and length thereof: and chief the strange, vast, and unlimited power of our Lieutenants and their Deputies, in billeting of Soldiers, in making rates, in granting warrants for taxes as their discretions shall guide them; and all against the Law.  
These last are the most insupportable burdens that at this present afflict our poor Country, and the most cruel oppression that ever yet the Kingdom of England endured. These upstart Lieutenants (of whom perhaps in some cases and times there may be good use, being regulated by Law) are the worst of grievances, and the most forward and zealous executioners of those violent and unlawful courses which have been commended unto them. Of whose proceed, and for the qualifying of whose unruly power, it is more than time to consult and determine.  
Judgements of Law against our Liberty have been three, each latter stepping forwarder than the former upon the right of the Subject, aiming in the end to tread and trample under foot our Law, and that in the form of Law.  
The first was the Judgement of the Postnati, whereby a Nation, which I hearty love for their singular zeal in our Religion, and their spirit to preserve our Liberties far beyond many of us, is made capable in any the like favours, privileges and immunities as ourselves enjoy; and this specially argued in the Exchequer Chamber by all the Judges of England. The second was the Judgement upon the impositions in the Exchequer Court by the Barons, which hath been the source and fountain of many bitter waters of affliction unto our Merchants. The third was that fatal late Judgement against the Liberty of the Subject imprisoned by the King, argued and pronounced but by one alone.  
I can live although another without title be put to live with me; nay, I can live although I pay excises and impositions more than I do: but to have my Liberty, which is the soul of my life, taken from me by power, and to have my body penned up in a gaol without remedy by Law, and to be so adjudged, Oh improvident Ancestors! Oh unwise Forefathers! to be so curious in providing for the quiet possession of our Laws, and the Liberties of Parliament, and to neglect our Persons and Bodies, and to let them lie in prison, and that durante b●neplacito, remediless. If this be Law, what do we talk of Liberties? why do we trouble ourselves with the dispute of Law, franchises, propriety of goods, and the like? What may any man call his, if not Liberty?  
I am weary in treading these ways, and conclude to have a select Committee deputed to frame a Petition to his Majesty for redress of these things; which being read, examined and approved by the House, may be delivered to the King; of whose gracious answer we have no cause to doubt, our desires being so reasonable, our intentions so loyal, and the manner so humble. Neither need we fear this to be the Critical Parliament (as was insinuated) or this a way to distraction; but assure ourselves of a happy issue. Then shall the King (as he calls us his great Council) find us his true Council, and own us his good Council. Which God grant, etc.  

The King's Propositions, March 28, 1628.  
1. TO furnish, man and victual 30. ships, to guard the Narrow seas and along the Coasts.  
2. To set out 10. other ships for the preservation of the Elve and the Baltic sea.  
3. To set out 10. other ships for the relief of the Town of Rochel.  
4. To levy, arm, cloth, victual, pay and transport an army of 1000 horse and 10000 foot for foreign service.  
5. To pay and supply 6000. men for the assistance of the King of Denmark.  
6. To supply the stores of the Office of the Ordinance.  
7. To supply the stores of the Navy.  
8. To build 20. ships yearly for the increase of the Navy.  
9 To repair the Forts within the Land.  
10. To pay the Arriers of the Office of the Ordinance.  
11. To pay the Arriers of the Victuallers Office.  
12. To pay the Arriers of the Treasurer of the Navy.  
13. To pay the Arriers due for the freight of divers Merchant's ships employed in his Majesty's service.  
14. To provide a Magazine of Victuals for Land and Sea-service.    

Three grand Questions.  

1. NO Freeman ought to be committed, or detained in prison, or otherwise restrained, by the command of the King, of the Privy Council, or any else, unless some cause of the commitment, detainment, or restraint be expressed, for which by law he ought to be committed, detained, or restrained.  
2. A Writ of habeas corpus may not be denied, but aught to be granted to every man that is committed, or detained in prison, or otherwise restrained, though it be by the command of the King, Privy Council, or any other, he praying the same.  
3. If a Freeman be committed, or detained in prison, or otherwise restrained by the command of the King, Privy Council, or any other, unless the cause of the commitment, detainment, or restraint be expressed, for which by Law he ought to be committed, detained or restrained, and the same be returned upon habeas corpus granted for the said party, that then he ought to be delivered, or bailed.    

Sir John Coke his Speech at a Conference between the Lords and Commons about the Petition to the King against Recusants.  
My Lords,  
WE are sent to attend this Conference from the Knights, Citizens and Burgesses of the House of Commons. And first we acknowledge all due honour both unto the reverend Fathers of the Church, and to you, noble Lords, in that ye have shined before us as worthy lights in the encouragement and maintenance of true Religion. It is the true support of all your dignities and honours. And this forwardness of yours is the more remarkable, when that viperous generation (as your Lordships justly style them) do at ease with tooth and nail assay to rend the bowels of their Mother. For give me leave to tell you what I know, that they now both vaunt at home, and write to their friends abroad, they hope all will be well, and doubt not to prevail, and to win ground upon us.  
And a little to awake the zeal and care of our learned and grave Fathers, it is fit that they take notice of that Hierarchy which is already established in competition with their Lordships: for they have a Bishop consecrated by the Pope; this Bishop hath his subalternate Officers of all kinds, as Vicars-generall, Arch-deacons, rural Deans, Apparatours, and such like. Neither are those nominal or titular Officers alone, but they all execute their Jurisdictions, and make their ordinary Visitations through the Kingdom, keep Courts, and determine Ecclesiastical causes, and (which is an argument of more consequence) they keep ordinary intelligence by their Agents in Rome, and hold correspondence with the Nuntios and Cardinals both at Brussels and in France.  
Neither are the Seculars alone grown to this height, but the Regulars are more active and dangerous, and have taken deep root; they have already planted their Societies and Colleges of both Sexes, they have settled Revenues, Houses, Libraries, Vestments, and all other necessary provisions to travel or stay at home; nay, even at this time they intent to hold a concurrent Assembly with this Parliament.  
But now since his sacred Majesty hath extended his royal arm, and since the Lords of his Council have by their authority caused this nest of Wasps to be digged out of the earth, and their Convocations to be scattered, and since your Lordships join in courage and resolution, at least to reduce this People to their lawful restraint, that they may do no more hurt; we conceive great hope and comfort, that the almighty God will from henceforth prosper our endeavours both at home and abroad.  
But now, my Lords, to come to the chief errand of this our meeting, which is to make known to you the approbation of our House of that Petition to his Majesty, wherein you were pleased to request our concurrence.  
The House hath taken it into serious consideration, and from the beginning to the end approve of every word, and much commend your happy pen: only we are required to present unto you a few additions, whereby we conceive the Petition may be made more agreeable to the Statutes, which are desired to be put in execution, and to a former Petition granted by his Majesty, recorded in both Houses, confirmed under the Broad Seal of England, and published in all the Courts of our ordinary Justice. But these things we propound not as our Resolutions, or as matters to raise debate or dispute, but commend them only as our Advise and desire; being ready notwithstanding to join with your Lordships in the Petition as now it is, if your Lordships shall not find this reason to be of weight.  
These additions were but few, and were approved of by the Lords, and inserted in the Petition the 29. March 1628.   

The Petition of both Houses to his Majesty concerning Recusants, March 31. 1628.  
WE your Majesty's most loyal and obedient Subjects, the Lords Spiritual and Temporal and Commons in Parliament assembled, having to our singular comfort obtained your Majesty's pious and gracious assent for a public Fast, to appease the wrath of almighty God kindled against us, and to prevent those grievous Judgements which do apparently press upon us; do in all humility present unto your Sacred Majesty all possible thanks for the same.  
And because the public and visible Sins of the Kingdom are the undoubted Causes of those visible Evils that are fallen upon us, amongst which sins (as is apparent by the Word of God) Idolatry and Superstition are the most heinous and crying sins; to the end that we may constantly hope for the blessing of God to descend upon this our public Humiliation, by abandoning those sins which do make a wall of separation betwixt God and us, 

1. We most humbly and ardently beg at the hands of your Sacred Majesty, that your Majesty will be pleased to give continual life and motion to all those Laws that stand in force against jesuites, Seminary Priests, and all that have taken Orders by authority of the Sea of Rome, by exacting a more due and serious execution of the same: amongst which number, those that have highly abused your Majesty's Clemency, by returning into the Kingdom after their Banishment, contrary to your Highness' express Proclamation, we humbly desire may be left to the severity of your Laws, without admitting any mediation or intercession for them; and that such of your Majesty's unsound and ill-affected Subjects as do receive, harbour or conceal any of that viperous generation, may without delays suffer such penalties and punishments as the Laws most justly impose upon them.  
2. That your Majesty would be pleased to command a secure and straight watch to be kept in and over your Majesty's Ports and Havens, and to commit the care and charge of searching of ships for this discovery, and apprehension as well of jesuits and Seminary Priests brought in, as of children and young Students sent over beyond the Seas, to suck in the poison of Rebellion and Superstition, unto men of approved Fidelity and Religion; and such as shall be convicted to have connived or combined in the bringing in of the one, or conveying out of the other, that the Laws may pass upon them with speedy execution.  
3. That considering those dreadful dangers (never to be forgotten) which did involve your Majesty's Sacred Person, and the whole representative Body of your Majesty's Kingdom, plotted and framed by the free and common access of Popish Recusants to the city of London, and to your Majesty's Court, your Majesty would be graciously pleased to give speedy command for the present putting in practice those Laws that prohibit all Popish Recusants to come to the Court, or within ten miles of the City of London, as also those Law that confine them to the distance of five miles from their dwelling houses; and that such bypast licenses, not warranted by law, as have been granted unto them for their repair to the city of London, may be discharged and annulled.  
4. That whereas it is more than probably conceived, that infinite sums of money have within these two or three year's last passed been exacted out of the Recusants within the Kingdom, by colour of Composition, and small proportion of the same returned into your Majesty's Coffers, not only to the sudden enriching of private persons, but also to the imboldning of the Romish Recusants to entertain Massing Priests into their private houses, and to exercise all the mimic Rites of their gross Superstition without fear of control, amounting (as by their daily practice and ostentation we may conceive) to the nature of a concealed Toleration; your Majesty would be graciously pleased to receive this particular more nearly into your Princely wisdom and consideration, to dissolve this Mystery of Iniquity, patched up of colourable Licenses, Contracts or Preconveyances, being but masks on the one part of fraud to deceive your Majesty, and stales on the other side for private men to accomplish their corrupt ends.  
5. That as the persons of Ambassadors from foreign Princes & their houses be free for exercise of their own Religion; so their houses may not be made free Chappells and Sanctuaries for your Majesty's Subjects Popishly affected to hear Mass, and to participate in all other Rites and Ceremonies of that Superstition, to the great offence of almighty God, and scandal of your Majesty's people loyally and religiously affected; That either the concourse of Recusants to such places may be restrained, or at least such a vigilant watch set upon them at their return from those places, as they may be apprehended, and severely proceeded withal, ut qui pala● in luce peccant, in luce puniantur.  
6. That no place of authority or command within any the Counties of this your Majesty's Kingdom, or in any ships of your Majesties, or which shall be employed in your service, be committed to Popish Recusants, or to Non-communicants by the space of a year past, or to any such persons as, according to direction of former Acts of State, are justly to be suspected; as the place and authority of Lords Lieutenants, Deputy Lieutenants, Justices of Peace, of Captains, or other Officers or Ministers mentioned in the Statute made in the third year of the reign of your Father of blessed memory: and that such as by connivance have crept into such places, may by your Majesty's royal Command be discharged of the same.  
7. That all your Majesty's Justices, Judges, and Ministers of Justice, unto whose care and trust Execution, which is the life of your Majesty's Laws, is committed, may by your Majesty's Proclamation not only be commanded to put in speedy execution those Laws that stand in force against Jesuits, Priests, Seminaries, and Popish Recusants; but that your Majesty would be further pleased to command the said Judges and Justices of Assize, to give a true and strict account of their proceed at their return out of their Circuits, to the Lord Keeper, and by the Lord Keeper to be presented to your Majesty.  
8 And for a fair and clear eradication of all Popery for the future, and for the breeding and nursing up of an holy generation, and a peculiar people sanctified to the true worship of almighty God, That until a provisional Law may be made, for the training and educating of the Children of Popish Recusants in the grounds and principles of our holy Religion, (which we conceive will be of more power and force to unite your people unto your Majesty in fastness of Love, Religion, and loyal Obedience, than all pecuniary mulcts and penalties that can possibly be devised) your Majesty will be pleased to take it into your Princely care and consideration.    
These our humble Petitions, proceeding from hearts and affections loyally and religiously devoted to God, and your Majesty's service, and to the safety of your Majesty's Sacred Person, we most zealously present to your Princely Wisdom, craving your Majesty's cheerful and gracious approbation.   

The King's Answer to the Petition against Recusants, March 31. 1628.  
My Lords and Gentlemen,  
I Do very well approve the method of your proceeding, à Jove principium, hoping that the rest of your Consultations will succeed the happier. And I like the preamble of my Lord Keeper, otherwise I should a little have suspected that you thought me not so careful of Religion as I have been and ever shall be, wherein I am as forward as you can desire.  
As for the Petition, I answer, first in general, that I like it well, and will use those, as well as all other means, for the maintenance and propagation of that Religion wherein I have lived, and do resolve to die. But for the particulars, you shall receive a more full answer hereafter.  
And now I will only add this, that as we pray to God to help us, so we must help ourselves; for we can have no assurance of his assistance, if we do lie in bed and only pray, without using other means. And therefore I must remember you that if we do not make provision speedily, we shall not be able to put one Ship to sea this year.  
Verbum sapienti satis est.   

The Answer to the same Petition by the Lord Keeper Coventrey.  
TO the first point his Majesty answereth, That he will accor●ding to your desire give both life and motion to the Laws tha● stand in force against jesuits, Seminary Priests, and all that hav● taken Orders by authority of the Sea of Rome: and to that end his Ma●jesty will give strict order to all his Ministers for the discovering and apprehending of them, and so leave them being apprehended to the trial of the Law; and in case after trial there shall be cause to respite the execution of any of them, yet they shall be committed, according to the example of best times, to the Castle of Westbitch, and there be safely kept from exercising their functions, or spreading their Superstitious and dangerous Doctrine: and for the receivers and abettors they shall be left to the Law.  
To the second, His Majesty granteth all that is desired in this Article, and to this end will give order to the Lord Treasurer, Lord high Admiral, and Lord Warden of the Cinque Ports, that in their several places they be careful to see this Article fully executed, giving strict charge to all such as have place or authority under them, to use all diligence herein: and his Majesty requireth them, and all other his Officers and Ministers, to have a vigilant eye upon such as dwell in dangerous places of advantage or opportunity for receiving or transporting any such as are here mentioned: and his Majesty will take it for good service, if any will give knowledge of such as have connived or combined, or shall connive or combine, as is mentioned in this Article, that Justice may be strictly done upon them.  
To the third, His Majesty will take order to restrain the recourse of Recusants to the Court; and also for the other points of this Article, his Majesty is well pleased that the Laws be duly executed, and that all unlawful Licenses be annulled and discharged.  
To the fourth, His Majesty is most willing to punish for the time past, and prevent for the future any the deceits and abuses mentioned in this Article, and will account it a good service in any that will inform himself, his Privy Council, Officers of his Revenue, Judges, or Council learned, of any thing that may reveal this Mystery of Iniquity: and his Majesty doth strictly charge and command every of them to whom such information is made, that they suffer not the same to die, but do their utmost endeavour to effect a clear discovery, and bring the Offenders to punishment: and to the intent that no concealed toleration may be effected, his Majesty leaveth the Laws to their course.  
To the fifth, His Majesty is pleased to prohibit and restrain the coming and resort to the house of Ambassadors, and will command a vigilant watch to be set for their taking and punishing as is desired.  
To the sixth, He is persuaded that this Article is already observed with good care; nevertheless for the avoiding as much as may be errors and escapes in that kind, his Majesty will give order to the Lord Keeper, that the next Term he call unto him all the Judges, and take information from them of the state of their several Circuits; if any such as are mentioned in this Article be in the Commission for Peace, that reformation may be made thereof: and will likewise give order to the Lord Admiral, and to such persons to whom it shall appertain, to make diligent enquiry, and certify to his Majesty if any such be in place of authority and command in his ships or service.  
To the seventh, His Majesty doth fully grant it.  
To the eighth, His Majesty doth well approve it as a matter of necessary consideration; and the Parliament now sitting, he recommendeth to both Houses the preparation of a fitting Law to that effect: and his Majesty doth further declare, that the mildness that hath been used towards them of the Popish Religion, hath been upon hope that foreign Princes thereby might be induced to use moderation towards their Subjects of the Reformed Religion; but not finding that good effect which was expected, his Majesty resolveth (unless he shall very speedily see better fruit) to add a further degree of severity to that which is in this Petition desired.   

Sir Edward Coke's Speech, March 25. upon a Question of Law in point of the judgement given in the King's Bench Mich. 3. Caroli, Viz. That a Prisoner detained by Committment per special. mandat. Regis, without expressing a Cause, is not bailable; wherein he held negatively, and spoke as followeth.  
IT is true that the King's Prerogative is a part of the Law of this Kingdom, and a supreme part, for the Prerogative is highly tendered and respected of the Law; yet it hath bounds set unto it by the Laws of England. But some worthy Members of this House have spoken of foreign States, which I conceive to be a foreign Speech, and not able to weaken the Side I shall maintain.  
That Master Attorney may have something to answer unto, I will speak without taking another day to the body of the Cause, yet keeping something in store for another time. I have not my Vade mecum here, yet I will endeavour to recite my Ancestors truly. I shall begin with old Authority, for Errorem ad sua principia refer, est refellere.  
The ground of this Error was the Statute of Westm. 1 cap. 15. which saith, that those are not repleviable who are committed for the death of a man, or by the commandment of the King or his Justices for the Forest (for so it was cited;) and Stamford 72. expounding hereof, the commandment of the King to be the commandment of the King's mouth, or of his Council: But it is clear that by praeceptum is understood the commandment of the Justices of the King's Bench and Common Pleas; and this is contemporanea expositio, quae est fortissima in lege.  
To this purpose vide Westm. 1. cap. 9 the book of 2. R. 2. item cap. 20. de malefactoribus in parc. the book of 8 Hen. 4.5. item 25.26.29. cap. ejusdem statuti. whereby it may appear that the commandment here spoken of to be the commandment of the King, is his commandment by his Judges, Praeceptum Domini Regis in Curia, non in Camera. So it is likewise taken 1. R. 2. cap. 12. in a Statute made in the next King's reign, and expressly in Dyer fol. 162. §. 50. & fol. 192. §. 24. Shall I further prove it by matter of record? Fac hoc & vives. it is 18. E. 3. Rot. 33. coram Rege, john Bilston's Case; who being committed and detained in prison by commandment of the King, was discharged by Habeas corpus, eo quod Breve Domini Regis non fuit sufficiens causa.  
All the Acts of Parliament in title of accusation are direct to the point, and also the 16. Hen. 6. Brooke and Littleton, 2.1. monstrans de fait 182 per Cur. The King cannot command a man to be arrested in his presence: the King can arrest no man, because there is no remedy against him. 1. Hen. 7.4. likewise praedict. stat. cap. 18. the King's pleasure is not binding without the assent of the Realm.  
I never read any opinion against what I have said, but that of Stamford, mistaken (as you see) in the ground: yet I say not that a man may not be committed without precise showing the cause in particular; for it is sufficient if the cause in general be showed, as for Treason, etc. 1. E. 2. stat. de frangend. prison. nullus habeat judicium, etc. there the cause of imprisonment must be known, else the Statute will be of little force; the words thereof do plainly demonstrate the intent of the Statute to be accordingly.  
I will conclude with the highest authority, that is, 25. chap. of the Acts of the Apostles, the last verse, where Saint Paul saith, It is against reason to send a man to prison without showing a Cause.  
Thus, Master Attorney, according to the rules of Physic, I have given you a Preparative, which doth precede a Purge. I have much more in store.   

The substance of the King's Speech, upon the relating of the proceed of the Parliament to him by the Counsellors of the Commons House of Parliament, 4. April. 1628.  
HIs Majesty upon the Report made expressed great contentment that it gave him, not valuing the money given comparable to the hearts showed in the way of the gift: for although his great Occasions of State did require more money then at this time was given; yet now he made account he could not lack, since he had their loves, and that this day he thought he had gained more reputation in Christendom, then if he had won many battles: saying further (according to his Speech the first day of the Parliament, that they might easily make him in love with Parliaments) now he professed he was so, and that we should find the fruits of it by his calling us often together. And to secure further fears, and create future confidence, he assureth us that we shall enjoy as great immunity and freedom in his time, as ever we possessed or had under the reign of any the best Kings of this Realm.   

The Duke of Buckingham's Speech to his Majesty on Friday, being the 4. of April. 1628.  
Sir,  
ME thinks I now behold you a great King; for love is greater than Majesty. Opinion that your people loved you not, had almost lost you in the opinion of the World: but this day makes you appear, as you are, a glorious King, loved at home, and now to be feared abroad.  
This falling out so happily, I beseech you give me leave to be an humble Suitor unto your Majesty, First for myself, that I, who have had the honour to be your Favourite, may now give up my title unto them, they to be your Favourite, and I to be your Servant. My second suit is, that they having done all so well, you will account of them all as one, a Body of many Members, but all of one heart. Opinion might have made them differ, but Affection did move them all to join with like love in this great gift. For proportion although it be less than your occasions may ask, yet it is more than ever Subjects did give in so short a time: nor am I persuaded it will rest there, for this is but an earnest of their affections, to let you see, and the world know, what Subjects you have, that when your Honour and the good of the State is engaged, and aid asked in the ordinary way of Parliament, you cannot want. This is not a gift of 5 Subsidies alone, but the opening of a Mine of Subsidies which lieth in their hearts.  
This good beginning hath wrought already these good effects; they have taken your heart, drawn from you a declaration that you will love Parliaments, and again this will meet (I make no question) with such respect, that their demands will be just, dutiful and moderate; for they that know thus to give, know what is fit to ask. Then cannot your Majesty do less than outgo their demands, or else you do less than yourself, or them: for your Message begat trust, their trust and your promise must beget performance. This being done, then shall I with a glad heart behold this work as well ended as now begun, & then shall I hope that Parliaments shall be made hereafter so frequent by the effects and good use of them, as they shall have this further benefit, to deter from approaching your ears those Projectors and Inducers of Innovation, as Disturbers both of Church and Commonwealth.  
Now, Sir, to open my heart and to ease my grief, please you to pardon me a word more. I must confess I have long lived in pain, sleep hath given me no rest, favours and fortunes no content, much have been my secret sorrows to be thought the Man of Separation, and that divided the King from his People, and them from him. But I hope it shall appear there were some mistaken minds, that would have made me the Evil Spirit that walked between a good Master and a loyal people for ill offices; whereas by your Majesty's favour I shall ever endeavour to approve myself a good spirit, breathing nothing but the best of service to them all. Therefore this day I account more blessed unto me than my birth, to see myself able to serve them, to see you brought in love with Parliaments, to see a Parliament express such love to you, and God so love me and mine as I joy to see this day.   

Sir John eliot in answer to Mr Secretary Coke Message of Thanks from the King and the Duke of Buckingham delivered in the Commons House of Parliament 5. April, 1628.  
Mr. Speaker,  
I Presume we have all received great satisfaction from his Majesty as at other times, so now in his gracious answer and resolution for the business 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 general, 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 add so happy a Conclusion, as shall increase that liking and good opinion in his Majesty, and from henceforth make him more and more in love with Parliaments.  
As thus in general, so in my particular I receive excellent satisfaction herein, so as I have not words enough sufficiently to utter it. And yet I confess 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 express me in the service of the House as I have resolved.  
I know not what fatality 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 Majesty not only in his business but in name. Is it that any man conceives the mention of others (of what quality soever) can add encouragement or affection to us in our Duties and Loialties towards his Majesty, or give them greater latitude or extent then naturally they have? Or is it supposed that the power or interest of any man can add more readiness to his Majesty in his gracious inclination to us, than his own goodness gives him? I cannot believe it. And as the Sweetness and Piety of his Majesty, which we have in admiration, makes me confident in this; so the expression of our Duty so perspicuous and clear as already hath been given, is my assurance for the other.  
But Sir, I am sorry there is this occasion that these things should be argued, or this mixture, which was so merely condemned, should appear again. I beseech you, Sir, let it not be hereafter, let no man take this boldness within these walls, to introduce it: though (I confess) for my particular I shall readily commend, nay, thank that man whose endeavours are applied to such offices as may be advantageable for the public, yet in this manner, so contrary to the customs of our Fathers, and the honour of our Times, as I cannot without Scandal apprehend it, I cannot without some Character or exception pass 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 loyalty and affections.  
Now let us proceed to those services that concern him, which I doubt not in the end will render us so real unto him, that we shall not need more help to endear us to his 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 success of this Assembly. He also graciously taketh notice of that which is in agitation amongst us touching the freedom 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 general good, he willeth us cheerfully to proceed in both, and to express our readiness to supply his great Occasions, upon assurance that we shall enjoy all our Rights and Liberties with as much freedom and security in his time, as in any age heretofore under the best of our Kings. And whether you shall think fit to secure ourselves herein by way of Bill, or otherwise, so as it be provided for with due respect to his Honour and the public good, whereof he doubteth not but you will be careful; he promiseth and assureth you that he will give way unto it: and the more confidence you shall show to his Grace and Goodness, the more you shall prevail to obtain your desires.   

Sir Benjamin Ruddier's Speech upon the receipt of his majesty's Answer to the Petition against Recusants.  
Mr 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 ourselves. The dangers and necessities of the present state, Mr Speaker, are so obvious to every man's eye and understanding, and therefore so well known, as to make a large and particular rehearsal of them would rather astonish our judgements, then refresh our memory. Wherefore in short and in gross, I will but only reflect upon the desperate condition of the King's Uncle, the King of Denmark, engaged from hence, even to the hazard of his own Kingdom, in the quarrel of that royal and victorious Lady his Majesty's Sister, for the recovery of her and her children's patrimony, the preservation and reestablishment of the Religion in those countries': so that the King is bound in nature, in policy, and in religion to relieve and assist both the persons and the cause to the utmost of his power.  
Believe it, Mr Speaker, the hinge of the many businesses moved in Germany doth not a little press us to look about us at this time; for if that great body 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 fury of an enraged King, with a juster pretence against them than 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 secure and support the Professors 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 losing, and his Majesty not able to set out one ship to help it, if it should be lost, it would hazard the total extirpation of the Religion, besides it would be an extraordinary 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 a prison then a Kingdom, for we were not able to walk abroad.  
These are dangers too many; yet have I willingly abridged them, for I had rather come to the remedy, so should we all: which consists only in money plentifully and speedily brought in, wisely and judiciously laid out. I doubt not but we are all resolved to give: wherefore, Mr Speaker, let us prepare ourselves to give plentifully, to satisfy the public occasions, to heave his Majesty out of necessity; for necessity is the worst Counsellor, and I shall be very sorry that we of all others should be guilty of placing ill Counsel about the King: and now to think of sparing when all lies at the stake, were the most undoing kind of prodigality.  
Let us give speedily, for delay is the greatest danger of all dangers, it will not only lose that which we give, but that also which we would give. And this I propound not as the King's business, but our way wherein every man in this house hath particular interest, if his fortune, his life, his religion be any thing unto him. Neither speak I this to divert the great business in hand, but to hasten it; for I love as well, Mr Speaker, to tread upon English ground, as any man here doth.   

The King's Message to the House of Commons by Mr Speaker, 12 April, 1628.  
HIs Majesty having given timely notice to this House as well of the pressing of the time, as of the necessity of supply, hath long since expected some fruit of that which was so happily begun; but finding an unexpected stop, almost beyond all expectation, after so good a beginning, hath commanded me to tell you that without any further unnecessary delay you proceed with his businesses: for however he hath been willing and consenting his affairs and ours should concur and proceed together; yet his meaning was not that one should give interruption to another, nor the time to be spun out upon any pretence, upon which the common cause of Christendom doth so much depend. He bids us therefore to take heed, and force not him to make an unpleasing end of that which hath been so well begun.   

The Petition concerning the billeting of Soldiers, 14 April, 1628.  
To the Kings most Excellent Majesty.  
IN all humility complaining, show unto your most excellent Majesty your loyal and dutiful Commons now in Parliament assembled,  
That whereas by the fundamental Laws of this your Realm, every freeman hath, and of right aught to have a full and absolute propriety in his goods and estate, and that therefore the billeting and placing of Soldiers in the houses of any such freeman against his will is directly contrary to the said Laws, under which we and our Ancestors have been so long and happily governed: yet in apparent violation of the said ancient and undoubted right of all your Majesty's most loyal Subjects of this your Kingdom in general, and to the grievous and insupportable vexation and detriment of many Countries and persons in particular, a new, and heretofore almost unheard of way hath been invented, and put in practice, to lay Soldiers upon them, scattered in Companies here and there, even in the heart and bowels of this Kingdom, and to compel many of your Majesty's Subjects to receive and lodge them in their own houses, and both themselves and others to contribute towards the maintenance of them, to the exceeding great disservice of your Majesty, to the general terror of all, and utter undoing of many of your poor people. Insomuch that we cannot sufficiently, nor in any sort proportionable to the lively sense that we have of our misery herein, are we able to represent unto your Majesty the innumerable mischiefs and continual vexations that by this means alone we do now suffer, whereof we will not presume to trouble your sacred ears with particular instances. Only (most gracious Sovereign) we beg leave to offer unto your gracious view and compassionate Consideration a few of them in general.  

First, The service of almighty God is hereby greatly hindered, the people in many places not daring to repair to the Churches, lest the Soldiers in the mean time should rifle their houses.  
2. The ancient and good government of the Country is hereby neglected and contemned.  
3. Your Officers of Justice in performance of their duties have been resisted and endangered.  
4. The rents and revenues of your Gentry greatly and generally diminished; Farmers to secure themselves from the Soldier's insolency, being by the clamours and solicitation of their fearful and injured wives and children enforced to give up their wont dwellings, and to retire themselves into places of more secure habitation.  
5. Husbandmen, that are as it were the hands of the Country corrupted by ill example of the Soldiers, and encouraged to idle life, give over work, and rather seek to live idly at another man's charge, then by their own labours.  
6. Tradesmen and Artificers almost discouraged, being enforced to leave their trades, and to employ their time in preserving themselves and their families from violence and cruelty.  
7. Markets unfrequented, and our ways grown so dangerous, that your people dare not pass to and fro upon their usual occasions.  
8. Frequent robberies, assaults, batteries, burglaries, rapes, rapines, murders, barbarous cruelties, and other most abominable vices and outrages are generally complained of from all parts, where these Companies have been and had their abode, few of which insolences have been so much as questioned, and fewer according to their demerits punished.   
These and many other lamentable effects, most dread and dear Sovereign, have by this billeting of Soldiers fallen upon your loyal Subjects, tending no less to the disservice of your Majesty, then to their own impoverishing and destruction: so that they are thereby exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they hearty desire. And yet they are further perplexed with apprehension of more approaching dangers, one in regard of your Subjects at home, and the other from Enemies abroad. In both which respects it seems to threaten no small Calamity.  
For the first, the meaner sort of your people being exceeding poor (whereof in many places be great multitudes) and therefore in times of most settled and constant administration of Justice not easily ruled, are most apt upon this occasion to cast off the reins of government, and by joining themselves with these disordered Soldiers, are very likely to fall into mutiny and rebellion; which in faithful discharge of our duties we cannot forbear most humbly to present to your high and excellent Wisdom, being pressed with probable fears that some such mischief will shortly ensue, if an effectual and speedy course be not taken to remove out of the land, or else otherwise to disband those unruly Companies.  
For the second, we do most humbly beseech your Majesty to take into your Princely consideration, that many of these Companies, besides their dissolute dispositions and carriages, are such as do openly profess themselves to be Papists, and therefore to be suspected, that if occasion serve they will rather adhere to a foreign Enemy of that Religion, then to your Majesty their liege Lord and Sovereign; especially some of their Captains and Commanders being as Popishly affected as themselves, and having served in the wars in the behalf of the King of Spain and the Arch-Dutchesse against your Majesty's Allies: which of what pernicious consequence it may prove, and how prejudicial to the safety of all your Kingdom, we humbly leave to your Majesty's high and Princely Wisdom.  
And now upon this and many more (which might be alleged) most weighty and important reasons, grounded upon the maintenance of the worship and service of almighty God, the continuance and advancement of your Majesty's high honour and profit, the preservation of the ancient and undoubted Liberties of your people, and therein of Justice and Industry and Valour, which clearly concerns the glory and happiness of your Majesty and all your Subjects, and the preventing of imminent calamities and ruin both of Church and Commonwealth; we your Majesty's most humble and loyal Subjects, the Knights, Citizens and Burgesses of your House of Commons, in the name of all the Commonalty of the Kingdom, who are upon this occasion most miserable, disconsolate and afflicted, prostrate at the throne of your Grace and Justice, do most humbly and ardently beg a present remove of this insupportable burden, and that your Majesty would be graciously pleased to secure us from the like pressure for time to come.  

The nine Heads of the House of Commons to the Speaker.  
1. THat it is the ancient right of Parliament, to dispose of matters there debated in their own method.  
2. That it is their ancient custom, to consider of Grievances before matters of Supply.  
3. That yet nevertheless in this Parliament, to express our affection to his Majesty, contrary to ordinary proceed, we have proceeded in the Supply as fare as we could in that Committee.  
4. That we have been so fare from delaying, that post-posing the common and pressing grievances, we have given precedency to the supply, joining with it only the fundamental and vital Liberties of the Kingdom that give substance to the Subjects.  
5. Further to express the fullness of our affections, we have exceeded our order in that particular concerning the supply, which, though later in proposition, yet hath been first made ready for conclusion in the Committee.  
6. No person or Council can be greater lovers of, or more careful to maintain the sacred Rights and Prerogatives of the Crown than we: and we do conceive that the maintaining of the fundamental Rights and Liberties of the Subject is an especial means to establish the glory of a Monarch, and that by it his Subjects are the better enabled to do him service, which hath been the cause of many glorious victories won by this Nation above other Kingdoms of larger territories and greater number of people.  
7. What information is given to his Majesty contrary to this, doth proceed from such persons as (to serve their own ends) under colour of advancing his Majesty's Prerogative, do weaken Royal power.  
8. We trust to be cleared in his Majesty's judgement, that there hath been no unnecessary stop, but a most cheerful proceeding in the matter of Supply; and therefore we do humbly desire that his Majesty will take no information in this or any other business from private relations, but to judge of our proceed by the resolution that shall be presented to his Majesty from the House.  
9 Being thus rightly and graciously understood, we assure ourselves that the end of this Parliament shall be more happy than the beginning.    

The Speaker Sir John finch's Speech, upon the 9 Heads, 14. April, 1628.  
Most Gracious and dread Sovereign,  
YOur dutiful and loyal Commons here assembled were lately humble Suitors for access to your Royal presence. The occasion that moved their desires herein was a particle of importance worthy your Princely Consideration, and which (as it well deserves) should have been the only subject of my Speech at this time. But since your gracious answer for this access obtained, by a Message from your Majesty, they have had some cause to doubt that your Majesty is not so well satisfied with the manner of their proceed, as their hearty desire is you should be; especially in that part which concerns your Majesty's present Supply; as if in the prosecution thereof they had of late used some slackness or delay.  
And because no unhappiness of theirs can parallel with that which may proceed from a misunderstanding in your Majesty of their clear and loyal intentions, they have commanded me to attend your Majesty with an humble and summary declaration of their proceed since this short time of their sitting, which they hope will give your Majesty abundant satisfaction, that never people did more truly desire to be endeared in the favour and gracious opinion of their Sovereign. And withal to let your Majesty see, that as you can no where have a more faithful Council, so your great designs and occasions can no way be so speedily or hearty supported as in this old and ancient way of Parliament.  
For this purpose they humbly beseech your Majesty to take into your Royal Consideration, that although by ancient right of Parliament, the matters there debated are to be disposed in their true method and order, and that their constant custom hath been to take into their consideration the common Grievances of the Kingdom before they enter upon matter of Supply; yet to make a full expression of that zeal and affection which they bear to your Royal Person, (equalling at least, if not exceeding the best affections of their predecessors to the best of your progenitors) they have in this Assembly, contrary to ordinary proceeding in Parliament, given your Majesty's supply precedency before the common Grievances of the Subject, how pressing soever; joining only with it those fundamental and vital Liberties of the Kingdom, which give subsistence and ability to your Subjects.  
This was their original order and resolution, and was grounded upon a true discerning that these two considerations could not be severed, but did both of them entirely concern your Majesty's service, consisting no less in encouraging and enabling your Subjects, then in proportioning a Present suiting to your Majesty's occasions and their own abilities.  
Nay, so fare have they been from using any unnecessary delays, as that though of the two that of Supply were later in proposition amongst them, yet the Grand Committee (to which both were referred) have made that of your Majesty's Supply first ready for conclusion. And to be sure your Majesties Supply might receive no interruption, they (differing from custom and usage in cases of this nature) sent up of those that concern the Subject by parcels, some to your Majesty and some to the Lords, to the end your Majesty may receive such speedy content, as suits with the largest and best extent of their first order.  
Sir, you are the breath of our nostrils and the light of our eyes; and besides the many Comforts which under you and your Royal progenitors in this frame of Government this Nation hath enjoyed, the Religion we profess hath taught us whose Image you are. And we do all most humbly declare to your Majesty that nothing is or can be more dear unto us then the sacred Rights and Prerogatives of your Crown, no Person or Council can be greater lovers of them, nor more truly careful to maintain them.  
And the fundamental Liberties which concern the freedom of our persons and propriety of our goods and estates, are an essential means to establish the true glory of a Monarch: for rich and free Subjects as they are best governed, so they are most able to do your Majesty service, either in peace or war; which under God hath been the cause of the happy victories of this Nation beyond other Kingdoms of larger Territories and greater numbers of people.  
What information soever contrary to this shall be brought to your Majesty, can come from no other than such as for their own ends, under colour of advancing the Prerogative, do in truth undermine and weaken Royal Power, and by impoverishing the Subject, render this Monarchy less glorious, and the people less able to serve your Majesty.  
Having by this which hath been said cleared our hearts and proceed to your Majesty, our trust is that in your Royal Judgement we shall be free from the least opinion of giving any unnecessary shop to our proceeding in the matter of Supply, and that your Majesty will be pleased to entertain belief of our alacrity and cheerfulness in your service, and that hereafter no such misfortune shall befall us to be misunderstood by your Majesty in any thing. We all most humbly beseech your Majesty to receive no information, either in this or any other business, from private relations, but to weigh and judge of our proceed by those resolutions of the House, which shall be presented from ourselves.  
This rightly and graciously understood, we are confident from the knowledge of your goodness and our own hearts, that the ending of this Parliament shall be much more happy than the beginning, and that it shall be styled to all ages The Blessed Parliament, which making perfect union betwixt the best people, your Majesty may ever delight in calling us together, and we in the Comforts of your Gracious Favour towards us.  
In this hope I return to my first errand, which will best appear by that which I shall humbly desire your Majesty to hear read, being an humble Petition from the House of Commons, for redress of those many inconveniences and distractions that have befallen your Subjects, by the billeting of Soldiers.  
Your Royal progenitors have ever held their Subjects hearts the best Garrison of this Kingdom. And our humble suit to your Majesty is, that our Faith and Loyalty may have such place in your Royal thoughts, as to rest assured that all your Subjects will be ready to lay down their lives for the defence of your Sacred Person and this Kingdom.  
Not going ourselves into our Countries this Easter, we should think it a great happiness to us, and we know it would be a singular comfort and encouragement to them that sent us hither, if we might but send them the news of a gracious Answer from your Majesty in this particular; which the reasons of the Petition, we hope, will move your most excellent Majesty graciously to vouchsafe us.   

The King's Answer to the Petition concerning billeting of Soldiers, 14 April, 1628.  
Mr Speaker, and you Gentlemen,  
WHen I sent you my last message, I did not expect any Reply, for I intended to hasten you, not to find fault with you. I told you at your first meeting that this time was not to be spent in words, and I am sure it is less fit for disputes; which if I had a desire to entertain, Mr Speaker's Preamble might give me ground enough.  
The Question is not now what Liberty you have in disposing of matters handled in your House, but rather what is fit to be done. Therefore I hope you will follow my example in eschewing disputations, and fall to your important business.  
You make a protestation of your affections and zeal to my Prerogative, grounded upon so good and just reasons, that I must believe you. But I look that you use me with the like charity, to believe what I have delivered more than once since your meeting, which is, That I am as forward as you for the preservation of your true Liberties: yet let us not spend so much time in this, that may hazard both my Prerogative and your Liberties to our Enemies.  
To be short, go on speedily with your business, without fear or more Apologies, for time calls fast on you, which will neither stay for me nor you.  
Wherefore it is my duty to press you to hasten, as knowing the necessity of it; and yours to give credit to what I say, as to him that sitteth at the Helm.   

Sir Dudley Diggs his Introduction.  
My Lords,  
I Shall (I hope) auspiciously begin this Conference this day with an Observation out of Holy Story. In the days of good King josiah, when the Land was purged of Idolatry, and the great men went about to repair the House of God, while money was sought for, there was found a Book of the Law, which had been neglected, and afterwards being presented to the good King, procured the blessing which your Lordships may read of in the Scriptures. 
2 Chro. cap. 34. 2 King's cap. 22.   
My good Lords, I am confident your Lordship's will as cheerfully join with the Commons in acknowledgement of God's great blessing in our good King josiah, as the Knights, Citizens and Burgesses of the Commons House by me (their unworthy servant) do thankfully remember your most religious and truly honourable invitation of them to the late Petition for cleansing this Land from Popish Abominations, which I may truly call a necessary and happy repairing of the House of God. And to go on with the parallel, while we the Commons out of our good affection were seeking for money, we found, I cannot say a book of the Law, but many, and those fundamental, points thereof neglected and broken; which hath occasioned our desire of this Conference.  
Wherein I am first commanded to show unto your Lordships in general, that the Laws of England are grounded on reason ancienter than books, consisting much in unwritten Customs; yet so full of Justice and true Equity, that your most honourable Predecessors and Ancestors many times propugned them with a Nolumus Mutare; and so ancient, that from the Saxons days, notwithstanding the Injuries and Ruins of Time, they have continued in most parts the same; as may appear in old remaining Monuments of the Laws of Ethelbert the first Christian King of Kent, Ina King of the West-Saxones, Offa of the Mercians, 
In Bibliotheca Cottoniana.  and of Alfred the great Monarch, who united the Saxon Heptarchy, whose Laws are yet to be seen, published (as some think) by Parliament, as he says, to that end, ut qui sub uno Rege, sub una Lege regerentur. 
[Liber Lichfield.]   
And though the book of Lichfield, speaking of the troublesome times of the Danes, says that then, Ius sopitum erat in Regno, Leges & consuetudines sopitae sunt, and prava voluntas, vis & violentia magis regnabant quam judicia vel justitia: yet by the blessing of God a good King Edward, commonly called S. Edward, did awaken these Laws, Excitatas reparavit, reparatas decoravit, decoratas confirmavit. 
Liber de Chartsey, sive Registrum de Chartsey.  which confirmavit showeth that good King Edward did not give those Laws, which William the Conqueror and all his Successors since that have sworn unto.  
And here, my Lords, by many Cases frequent in our Modern Laws, strongly concurring with those of the ancient Saxon Kings, I might (if time were not precious) demonstrate that our Laws and Customs were the same. I will only entreat your Lordship's leave to tell you, that as we have now, even in those Saxon times they had their Courts Barons and Courts Leets and Sheriffs Courts, by which (as Tacitus saith of the Germans) their Ancestors jura reddebant per pagos & vicos. And I believe as we have now, they had their Parliaments, where new Laws were made cum consensu Praelatorum, Magnatum & totius Communitatis; or, as another writeth, cum consilio Praelatorum, Nobilium & sapientum Laicorum.  
I will add nothing out of Glanvile, that wrote in the time of Henry the second, or Bracton that writ in the time of Henry the third: only give me leave to cite that of Fortescue the learned Chancellor to Hen. 6. who writing of this Kingdom saith, Regnum illud in omnibus Nationum & Regum temporibus, 
De Dom. polit. et regal.  eisdem quibus nunc regitur legibus & consuetudinibus, regebatur.  
But, my good Lords, as the Poet said of Fame, I may say of our Common Law,  
Ingreditur solo, caput inter nubila conduit. Wherefore the cloudy part being mine, 
Virgil.  I will make haste to open way for your Lordships to hear more certain Arguments, and such as go on surer grounds.  
Be pleased then to know, that it is an undoubted and fundamental point of this so ancient Common Law of England, that the Subject hath a true Propriety in his goods and possessions, which doth preserve as sacred that meum and tuum that is the Nurse of Industry, the Mother of Courage, and without which there can be no Justice, of which meum and tuum is the proper object.  
But this undoubted Birthright of free Subjects hath lately not a little been invaded & prejudiced by pressures, the more grievous because they have been pursued by Imprisonments, contrary to the Franchise of this Land. And when according to the Laws and Statutes of this Realm redress hath been sought for in a legal way, by demanding Habeas Corpus from the Judges, and a discharge or trial according to the Law of the Land, success hath failed; which hath now enforced the Commons in this present Parliament assembled to examine by Acts of Parliaments, Precedents and Reasons, the truth of English Subjects Liberties: which I shall leave to learned Gentlemen, whose weighty Arguments I hope will leave no place in your Lordship's memories for the errors and infirmities of your humblest Servant, that doth thankfully acknowledge the great favour of your most honourable and patiented attention.   

The Argument made by Mr 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 concerning the Liberty of the Person of every Freeman.  
My Lords,  
UPon the occasions delivered by the Gentleman that last spoke, your Lordships have heard the Commons have taken into their serious Consideration the matter of Personal Liberty; and after long debate thereof on divers days, as well by solemn Arguments as single propositions of doubts and answers, to the end no scruple might remain in any man's breast unsatisfied, they have upon a full search and clear understanding of all things pertinent to the Question, unanimously declared That no Freeman ought to be committed or detained in prison, or otherwise restrained by the command of the King, or the Privy Council, or any other, unless some cause of the commitment, detainer or restraint be expressed, for which by Law he ought to be committed, detained or restrained. And they have sent me with some other of their Members to represent unto your Lordships the true grounds of such their resolutions, and have charged me particularly (leaving the reasons of Law and Precedents for others) to give your Lordship's satisfaction that this Liberty is established and confirmed by the whole State, the King, the Lords Spiritual and Temporal, and the Commons, by several Acts of Parliament. The authority whereof is so great, that it can receive no answer, save by interpretation or repeal by future Statutes. And these that I shall mind your Lordships of are so direct to the point, that they can bear no other exposition at all; and sure I am they are still in force.  
The first of them is the Grand Charter of the Liberties of England, first granted in the 17 year of King john, and renewed in the 9 year of King Hen. 3. and since confirmed in Parliament above 30 times. Cap. 29. the words are these. Nullus liber homo capiatur, vel imprisonetur, aut diseisietur de libero tenemento suo, vel libertatibus, vel liberis consuetudinibus suis, aut utlagetur, aut exuletur, aut aliquo modo destruatur; nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae. These words Nullus liber homo, etc. are express enough: yet it is remarkable that Matthew Paris an Author of special credit, doth observe fo. 432. that the Charter of the 9 H. 3. was the very same as that of the 17. of King john, in nullo dissimiles, are his words; and that of King john he setteth down verbatim fol. 342. and there the words are directly Nec eum in carcerem mittemus: and such a corruption as is now in the print might easily happen 'twixt 9 H. 3. and 28. E. 1. when this Charter was first exemplified.  
But certainly there is sufficient left in that which is extant to decide this question; for the words are, That no Freeman shall be taken or imprisoned but by the lawful judgement of his Peers▪ which is by Jury, Peers for Pares, ordinary Jurours for others who are their Peers; or by the Law of the Land. Which words Law of the Land, must of necessity be understood in this Nation to be by due process of Law, and not the Law of the Land generally; otherwise it would comprehend Bondmen, whom we call Villains, which are excluded by the word liber; for the general Law of the Land doth allow their Lords to imprison them at pleasure without cause, wherein they only differ from the Freemen, in respect of their persons, who cannot be imprisoned without a cause. And that this is the true understanding of those words per legem terrae, will more plainly appear by divers other Statutes that I shall use, which do expound the same accordingly.  
And although the words of this Grand Charter be spoken in the third person, yet they are to be understood of Suits betwixt party and party, at least not of them alone, but even of the King's Suits against his Subjects; as will appear by the occasion of the getting of that Charter, which was by reason of the differences betwixt those Kings and their people: and therefore properly to be applied to their power over them, and not to ordinary questions 'twixt Subject and Subject.  
The words per legale judicium parium suorum immediately preceding the other per legem terrae, are meant of trials at the King's Suit, and not at the prosecution of a Subject. And therefore if a Peer of the Realm be arraigned at the Suit of the King upon any Indictment of Murder, he shall be tried by his Peers, that is Nobles: But if he be appealed of Murder by a Subject, his trial shall be by an ordinary Jury of 12 Freeholders'; as appeareth in 10. Edw. 4. It is said such is the meaning of Magna Charta. By the same reason therefore as per judicium parium suorum extends to the King's Suit, so shall these words per legem terrae.  
And in 8. E. 2. Rot. Parliam. num. 7. there is a Petition, that a Writ made under the Privy Seal went to the Guardians of the Great Seal to cause lands to be seized into the King's hands; by force of which there went a Writ out of the Chancery to the Exchequer to seize against the form of the Grand Charter, That the King or his Ministers shall outlaw no man of freehold without reasonable Judgement: And the party was restored to his land. Which showeth the Statute did extend to the King.  
There was no invasion upon this personal liberty, till the time of King Edw. the 3. which was soon restrained by the Subject. For in the 5. E. 3. cap. 9 it is ordained in these words; It is enacted that no man from henceforth shall be attached by any accusation, nor forejudged of life or limb, nor his lands, tenements, goods nor cattles seized into the King's hands against the form of the great Charter. And the Law of the Land 25. E. 3. cap. 4. is more full, and doth expound the words of the Grand Charter, and it is thus; Whereas it is contained in the great Charter of the Franchises of England, That no Freeman be imprisoned, or put out of his freehold, nor of his Franchise nor Free Custom, unless it be by the Law of the Land: it is accorded, assented and established, that from henceforth none shall be taken by petition or suggestion made unto our Lord the King, or to his Council, unless it be by indictment or presentment of his good and lawful people of the same neighbourhood where such deeds be done, in due manner, or by process made by Writ original at the Common Law; nor that none be out of his Franchises or of his freehold, unless he be duly brought into answer, and forejudged of the same by course of Law: and if any thing be done against the same, it shall be redressed and held for null.  
Out of this Statute I observe that what in Magna Charta and the Preamble of this Statute is termed by the Law of the Land, is in the body of this Act expounded to be by process made by Writ original at the Common Law; which is a plain interpretation of the words Law of the Land, in the grand Charter. And I note that this Law was made upon the commitment of divers to the Tower, no man yet knoweth for what.  
The 28. E. 3. is yet more direct, (this Liberty being followed with fresh suit by the Subject;) where the words are not many but very full and significant: That no man, of what estate or condition he be, shall be put out of his lands or Tenement, nor taken nor imprisoned, nor disinherited, nor put to death, without he be brought into answer by due process of the Law. Here your Lordships see the usual words of the Law of the Land are rendered by due process of the Law.  
36. E. 3. Rot. Parliam. num. 9 amongst the Petitions of the Commons, one of them being translated into English out of the French, is thus, First that the great Charter, and the Charter of the Forest, and the other Statutes made in his time and the time of his progenitors, for the profit of him and his Commonalty, be well and firmly kept, and put in due execution, without putting disturbance, or making arrest contrary to them by special command, or in any other. The answer to the Petition, which makes it an Act of Parliament, is, Our Lord the King by the assent of the Prelates, Dukes, Earls, Barons, and the Commonalty, hath ordained and established that the said Charters and Statutes be held and put in execution according to the said Petition; which is, that no arrest should be made contrary to the Statutes by special command.  
This concludes the Question, and is of as great force as if it were printed. For the Parliament Roll is the true warrant of an Act, and many are omitted out of the books that are extant.  
36. E. 3. Rot. Parliament. num. 20. explaineth it further: for there the Petition is, Whereas it is contained in the Grand Charter and other Statutes, that none be taken or imprisoned by special command without indictment, or other due process to be made by the Law; yet oftentimes it hath been and still is, that many are hindered, taken and imprisoned without indictment, or other process made by the Law upon them, as well of things done out of the Forest of the King, as for other things; That it would therefore please our said Lord to command those to be delivered which are so taken by special Command, against the form of the Charters and Statutes aforesaid. The answer is, The King is pleased, if any man find himself grieved, that he come and make his complaint, and right shall be done unto him.  
37. E. 3. cap. 18. agreeth in substance, when it saith, Though that it be contained in the great Charter, that no man be imprisoned, nor put out of his Freehold without process of the Law; nevertheless divers people make false suggestions to the King himself, as well for malice as otherwise, whereat the King is often grieved, and divers of the Realm put in damage, against the form of the said Charter. Wherefore it is ordained that all they which make such suggestions be sent with the suggestions before the Chancellor, Treasurer, and the grand Council; and that they there find surety to pursue their suggestions, and incur the same pain that the other should have had (if he were attainted) in case that their suggestions be found evil; and that then process of the Law be made against them, without being taken and imprisoned against the form of the said Charter and other Statutes. Here the Law of the Land in the grand Charter is explained, to be without process of the Law.  
42. E. 3. ca 3. At the request of the Commons by their Petitions put forth in this Parliament, to eschew mischiefs and damage done to divers of his Commons by false accusers, which oftentimes have made their accusation more for revenge and singular benefit, then for the profit of the King, or of his people, which accused persons some have been taken, and sometimes caused to come before the King's Council by writ and otherwise upon grievous pain against the Law; It is assented and accorded, for the good governance of the Commons, that no man be put to answer without presentment before Justices, or matter of Record, or by due process, or writ original, according to the old Law of the Land. And if any thing henceforth be done to the contrary, it shall be void in Law, and holden for error.  
But this is better in the Parliament Roll; where the Petition and Answer, which make the Act, are set down at large, 42. E. 3. Rot. Parliament. num. 12.  

The Petition.  
Because that many of the Commons are hurt and destroyed by false accusers, who make their accusations more for their revenge and particular gain, then for the profit of the King or his people, and those that are accused by them some have been taken, and others have been made to come before the King's Council by writ or other Commandment of the King upon grievous pains, contrary to the Law; That it would please our Lord the King and his good Council, for the just government of his people, to ordain that if hereafter any accuser propose any matter for the profit of the King, that the same matter be sent to the Justices of the one Bench or the other, or the affairs to be enquired and determined according to the Law: And if it concern the accuser or party, that he take his suit at the Common Law; and that no man be put to answer without presentment before Justices, or matter of Record, and by due process & original writ according to the ancient Law of the Land. And if any thing henceforward be done to the contrary, that it be void in Law, and held for error.  
Here by due process and original writ according to the Law of the Land, is meant the same thing as per legem terrae in Magna Charta, and the abuse was they were put to answer by the commandment of the King.   

The King's Answer is thus.  
Because that this article is an article of the Grand Charter, the King wills that this be done as the Petition doth demand.  
By this it appeareth that per legem terrae in Magna Charta, is meant by due process of the Law.  
Thus your Lordships have heard Acts of Parliament in the point. But the Statute of Westm. the 1. ca 15. is urged to disprove this opinion, where it is expressly said, That a man is not replevisable who is committed by the command of the King, without any cause shown, which is therefore sufficient to commit a man to prison. And because the strength of the Argument may appears and the answer be better understood, I shall read the words of the Statute, which is thus.  
And for as much as Sheriffs and others have taken and kept in prison such as were replevisable, and have let out by plevin such as were not replevisable, because they would gain of the one party, and grieve the other; And forasmuch as before this time it was not certainly determined what persons were replevisable and what not, but only those that were taken for the death of a man, or by Commandment of the King, or of his Justices, or for the Forest; It is provided, and by the King commanded, that such prisoners as were before outlawed, and they which have abjured the Realm, Provors', and such as be taken with the manner, and those which have broken the King's prison, Thiefs openly defamed and known, and such as be appealed by Provors' so long as the Provor be living, if they be not of good name, and such as be taken for burning of houses, feloniously done, or for false money, or for counterfeiting the King's Seal, or persons excommunicated taken at the request of the Bishops, or for manifest offences, or for Treason touching the King himself, shall be in no case replevisable by the common writ or without writ.  
But such as be indicted of larceny by inquests taken before Sheriffs or Bailiffs by their office, or for light suspicion, or for petty-larceny that amounteth not to above the value of 12 pence, if they were not guilty of some other larceny aforetime, or guilty of receipt of felons, or of commandment or force or of aid in felony done, or guilty of some other trespass for which one ought not to lose life or member, and a man appealed by a Provor after the death of a Provor, if he be no common thief, or defamed; shall from henceforth be let out by sufficient surety, whereof the Sheriff will be answerable, and that without giving aught of their goods.  
And if the Sheriff or any other let any go at large by surety that is not replevisable, if he be Sheriff or Constable, or any Bailiff of fee which hath keeping of prisoners, and thereof be attainted, he shall lose his fee and office for ever.  
And if the under-Sheriff, Constable or Bailiff, of such as have fee for keeping of prisons do it contrary to the will of his Lord, or any other Bailiff being not of fee, they shall have three year's imprisonment, and make Fine at the King's pleasure. And if any hold prisoners replevisable after they have offered sufficient sureties, he shall pay a grievous amercement to the King. And if he take any reward for the deliverance of such, he shall pay double to the prisoner, and also shall pay a grievous amercement to the King.   

The Answer.  
It must be acknowledged that a man taken by the Commandment of the King is not replevisable, for so are the express words of this Statute. But this maketh nothing against the Declaration of the House of Commons, for they say not that the Sheriff may replevy such a man by sureties (scilicet Manucaptores) but that he is bailable by the King's Court of Justice.  
For the better understanding whereof, it is to be known that there is a difference betwixt replevisable, which is always by the Sheriff upon pledges or sureties given, and bailable, which is by Court of Record, where the prisoner is delivered to his Bail, and they are his Gaolers, and may imprison him, and shall suffer for him body for body, as appeareth 33. and 36.83. in the title of Mainprize p. 12.13. where the difference betwixt Bail and Mainprize is expressly taken.  
And if the words of the Statutes themselves be observed, it will appear plainly that it extends to the Sheriffs and other inferior Officers, and doth not bind the hands of the Judges.  
The Preamble, which is the key which openeth the entrance into the meaning of the makers of the Law, is,  
Forasmuch as Sheriffs and others which have taken and kept in prison persons detected of felony. Out of these words I observe that it nominateth Sheriffs, and then if the Justices should be included, they must be comprehended under the general word other, which doth not use to extend to those of a higher rank, but to inferiors: for the best by all course is first to be named; And therefore if a man bring a Writ of Customs and Services, and name Rents and other things, the general shall not include Homage, which is a personal service and of a higher nature; but it shall extend to ordinary annual services, 31. E. 1. Droit. So the Statute of 13. Eliz. cap. 10. which beginneth with Colleges, Deans and Chapters, Parsons, Vicars, and concludes with these words, and others having spiritual promotions; shall not comprehend Bishops, that are of a higher degree; as appears in the Archbishop of Canterbury's Case reported by Sr Edw. Coke lib. 2. fo. 46.  
And thus much is explained in this very Statute towards the end, when it doth enumerate those were meant by the word other, namely under-Sheriffs, Constables, Bailiffs.  
Again the words are Sheriffs and others which have taken and kept in prison: now every man knoweth Judges do neither arrest nor keep men in prison, that is the office of Sheriffs, and other inferior Ministers: therefore this Statute meant such only, and not Judges.  
The words are further, that they let out by replevine such as were not replevisable; that is the proper language for a Sheriff. Nay more express afterward in the body of the Statute, that such as are there mentioned shall be in no case replevisable by the common writ (which is de homine replegiando, and is directed to the Sheriff) nor without writ which is by the Sheriff ex officio. But that which receives no answer is this;  
That the command of the Justices who derive their authorities from the Crown, is there equal as to this purpose with the command of the King. And therefore by all reasonable construction it must needs relate to Officers subordinate to both, as Sheriffs, under-Sheriffs, Bailiffs, Constables and the like. And it were an harsh exposition to say that the Justices might not discharge their own Command, and yet that reason would conclude as much. And that this was meant of the Sheriffs and other Ministers of Justice, appeareth by the recital 27. E. 1. cap. 3.  
And likewise by Fleta, a Manuscript so called because the Author lay in the Fleet when he made the book: for he lib. 2. cap. 52. in his cap. of Turns and the views of the Hundred Courts in the Country, sets down the Articles of the Charges that are there to be enquired of; amongst which one of them is de replegiabilibus injuste detentis, or irreplegiabilibus dimissis: which cannot be meant of not bailing by the Justices; for what have the inferior Courts in the Country to do with the Acts of the Justices?  
And to make it more plain, he setteth down in this Chapter (that concerns Sheriffs only) the very Statute of Westm. cap. 15. which he translates verbatim out of the French into the Latin, save that he renders taken by the command of the Justices thus, per judicium justitiariorum: and his Preface to the Statute plainly showeth, that he understood it of replevine by Sheriffs, for he saith, Qui debent per plegios dimitti, qui non, declarat hoc Statutum; and per plegios is before the Sheriff.  
But for direct authority, it is the opinion of Newton the Chief Justice in 22. H. 6.46. where his words are these, It cannot be intended that the Sheriff did suffer him to go at large by mainprize, for where one is taken by the writ of the King or the command of the King, he is irreplevisable; but in such case his friends may come to the Justices for him, if he be arrested, and purchase a supersedeas. So he declares the very Question, That the Sheriffs had no power, but that the Justices had power to deliver him that is committed by the King's Command. And both the ancient and modern practice manifests as much; for he that is taken for the death of a man, or for the Forest, is not replevisable by the Sheriff, yet they are ordinarily bailed by the Justices, and were by the King's writs directed to the Sheriffs in the times of E. 1. and E. 2. as appears in the Close Rolls, which could not be done if they were not bailable. And it is every day's experience that the Justices of the King's Bench do bail for murder, and for offences done in the Forest, which they could not do if the word irreplevisable in Westm. 1. were meant of the Justices as well as of the Sheriffs.  
For the authorities which have been offered to prove the contrary, they are in number 3. The first is 21. E. 1. Rot. 2. which also is in the book of the Pleas in Parliament at the Tower fol. 44. It is not an Act of Parliament, but a resolution in Parliament upon an action there brought, which was usual in those times: and the Case is, That Stephen Rubar the Sheriff of the Counties of Leicester and Warwick, was questioned for that he had let at large by sureties one William the son of Walter le Parsons, against the will and command of the King, when as the King had committed him by Letters under his Privy Seal, that he should do no favour to any man that was committed by the command of the Earl of Warwick, as that man was. Whereunto the Sheriff answered, that he did it at the request of some of the King's household upon their Letters: and because the Sheriff did acknowledge the receipt of the King's Letters, thereupon he was committed to prison, according to the form of the Statute.  
To this I answer, that he was justly punished, for that he is expressly bound by the Statute Westm. 1. which was agreed from the beginning. But this is no proof that the Judges had not power to bail this man.  
The next Argument is 33. H. 6. in the Court of Common Pleas fol. 28.29. where Robert Poinings Esq was brought unto the Bar upon a Capias, and it was returned that he was committed per duos de Consilio (I believe it is misprinted for Dnos de Consilio, i. e. Dominos de Consilio, which is stongest against that which I maintain) pro diversis causis Regem tangentibus, and he made an Attorney there in an accusation, whence is inferred that the return was good, and the party could not be delivered.  
To this the Answer is plain.  

1. No opinion is delivered in that book whether he were delivered or bailed, or not.  
2. It appears expressly that he was brought thither to be charged in an accusation of debt at another man's Suit, and no desire of his own to be delivered or bailed; and than if he were remanded, it is no way material to the question in hand.   
But that which is most relied upon is, the opinion of Stamford in his book of the Pleas of the Crown lib. 2. ca 18. fol. 72.73. in his cap. of Mainprize, where he reciteth the Statute of Westm. 1. cap. 15. and then saith thus, By this Statute it appeareth that in 4 cases at the Common Law a man was not replevisable, to wit, those that were taken for the death of a man, by command of the King, or of his Justices, or for the Forest. Thus fare he is most right. Then he goeth on and saith, As to the Command of the King, that is understood of the command of his own mouth, or his Council which is incorporated unto him, and speak with his mouth, or otherwise every writ of Capias to take a man, which is the King's command, would be as much. And as to the command of the Justices, that is meant their absolute command: for if it be their ordinary commandment, he is replevisable by the Sheriff, if it be not in some of the Cases prohibited by the Statute.  
The answer that I give unto this is, That Stamford hath said nothing whether a man may be committed without cause by the King's command, or whether the Judges ought not to bail him in such case; but only that such a one is not replevisable: which is agreed, for that belongs to the Sheriff. And because no man should think he meant any such thing, he concludes his whole sentence touching the command of the King and his Justices, That one committed by the Justice's ordinary command is replevisable by the Sheriff. So either he meant all by the Sheriff, or at least it appears not that he meant that a man committed by the King or the Privy Council without cause is not bailable by the Justices, and then he hath given no opinion in this case. What he would have said if he had been asked the question, cannot be known; neither doth it appear by any thing he hath said, that he meant any such thing as would be inferred out of him.  
And now, my Lords, I have performed the command of the Commons; and as I conceive, shall leave their declaration of personal Liberty on ancient and undoubted truth, fortified with 7 Acts of Parliament, and not opposed by any Statute or authority of Law whatsoever.    

The Objections of the King's Council, with the Answers made thereunto at the two Conferences touching the same matter.  
IT was agreed by Master Attorney general, that the seven Statutes urged by the Commons were in force, and that Magna Charta did extend most properly to the King. But he said,  
First, that some of them are in general words, and therefore conclude nothing, but are to be expounded by the Precedents; and others that be more particular are applied to the suggestions of Subjects, and not to the Kings Command simply of itself.  
Hereunto was answered, That the Statutes were as direct as could be, which appeareth by the reading of them: and that though some of them speak of suggestions of the Subject, yet others do not; and those that do are as effectual, for that they are in equal reason, a commitment by Command of the King being of as great force when it moveth by a suggestion from a Subject, as when the King takes notice of the cause himself; the rather for that Kings seldom intermeddle with matters of this nature, but by information from some of their Subjects.  
Secondly, Mr Attorney objected that per legem terrae in Magna Charta (which is the foundation of this Question) cannot be understood for process of the Law and original Writs: for that in all Criminal proceed no original Writ is used at all, but every Constable may arrest either for felony, or for breach of the peace, or to prevent a breach of the peace, without process or original Writ; and it were hard the King should not have the power of a Constable: & the Statutes cited by the Commons make process of the Law and Writ original to be all one.  
The answer of the Commons to this Objection was, That they do not intent original Writs only by the Law of the Land, but all other legal process, which comprehends the whole proceed of Law upon Cause, other than the trial by Jury, judicium parium, unto which it is opposed. Thus much is imported ex vitermini, out of the word process, and by the true acceptation thereof in the Statutes which have been urged by the Commons to maintain their Declaration, and most especially in the Statute 25. E. 3. cap. 4. where it appeareth that a man ought to be brought into answer by the course of the Law; having former mention made of process made by original Writ.  
And in 28. E. 3. cap. 3. by the course of the Law, is rendered by due process of the Law. and 36. E. 3. Rot. Parl. num. 20. the Petition of the Commons saith, That no man ought to be imprisoned by special Command without Indictment, or other due process to be made by the Law. 37. E. 3. cap. 18. calleth the same thing Process of the Law: 42. E. 3. cap. 3. styleth it by due process and Writ original; where the conjunctive must be taken for the disjunctive: which change is ordinary in the exposition of the Statutes and Deeds, to avoid inconvenience, to make it stand with the rest and with reason. And it may be collected that by the Law of the Land in Magna Charta, by the Course of the Law in 25. E. 3. by due process of the Law in 28. E. 3. other due process to be made by the Law in 36. E. 3. process of the Law 37. E. 3. and by due process and original Writ in 42. E. 3. are meant one and the same thing, the latter of these Statutes referring always to the former, and that all of them import any due and regular proceeding of Law upon a Cause, other than the trial by Jury. And this doth appear in Coke 10.74. in the case of the marshalsea; and Coke 11.99. james Bagg's case, where it is understood of giving Jurisdiction by Charter or prescription, which is the ground of a proceeding by course of Law: and in Selden's Notes on Fortescue fol. 29. where it is expounded for Law wager, which is likewise a trial at Law by the oath of the party, differing from that by Jury. And it doth truly comprehend these and all other regular proceed in Law upon Cause, which gives authority to the Constable to arrest upon Cause.  
And if this should not be the true exposition of these words per begem terrae, the King's Council were desired to declare their meaning: which they never offered to do; and yet certainly these words were not put into the Statute without some intention of consequence. Whereupon Mr Serjeant Ashley offered an interpretation of them thus;  
Namely, that there were divers Laws of this Realm, as the Common Law, the Law of the Chancery, the Ecclesiastical Law, the Law of the Admiralty or Marine Law, the Law of Merchants, the Martial Law, and the Law of State, and that these words per legem terrae do extend to all those Laws.  
The answer.  
To this it was answered, that we read of no Law of State, and that none of these Laws can be meant there save the Common Law, which is the principal and general Law, and is always understood by way of excellency, when mention is made of the Law of the Land generally: and that though each of the other Laws, which are admitted into this Kingdom by Custom or Act of Parliament, may justly be called a Law of the Land; yet none of them can have the preeminence to be styled the Law of the Land. And no Statute, Law-book or other Authority, printed or unprinted, could be shown to prove that the Law of the Land being generally mentioned, was ever intended of any other Law then the Common Law; and yet even by these other Laws a man may not be committed without a cause expressed.  
But it standeth with the rule of other legal expositions, that per legem terrae must be meant the Common Law, which is the general and universal Law by which men hold their inheritances. And therefore if a man speak of Escuage generally, it is understood (as Littleton observeth) of the incertain Escuage, which is a Knights-Service Tenure for the defence of the Realm by the body of the Tenant in time of war, and not of the certain Escuage, which giveth only a contribution in money, and no personal service.  
And if a Statute speaks of the King's Courts of Record, it is meant only of the 4 at Westm. by way of excellency, Coke 6.20. gregory's Case. So the Canonists by the excommunication simply spoken, do intent the greater excommunication and the Emperor in his Institutions saith, that the Civil Law being spoken generally, is meant of the Civil Law of Rome; though the Law of every City is a Civil Law: as when a man names the Poet, the Grecians understood Homer, the Latinists Virgil.  
Secondly, admit that per legem terrae extends to all the Laws of the Realm, yet a man must not be committed by any of them, but by the due proceed that are exercised by those Laws, and upon a Cause delivered.  
Again it was urged, that the King was not bound to express the cause of imprisonment, because there may be in it matter of State, not fit to be revealed for a time, lest the Confederates thereupon make means to escape the hands of Justice. And thereupon the Statutes cannot be intended to restrain all commitments unless a cause be expressed, for that it would be very inconvenient and dangerous to the State to publish the cause at the very first.  
Answer.  
Hereupon it was replied by the House of Commons, that all danger and inconvenience may be avoided by declaring a general Cause, as for treason, suspicion of treason, misprision of treason, or felony, without specifying the particular, which can give no greater light to a Confederate then will be conjectured by his very apprehension upon the imprisonment, if nothing at all were expressed.  
It was further alleged, that there was a kind of contradiction in the position of the Commons, when they say the party committed without a cause shown aught to be delivered or bailed: Bailing being a kind of imprisonment, Delivery a total freeing.  
To this it was answered, that it hath always been the discretion of the Judges to give so much respect to a Commitment by the Command of the King, or the Privy Council, (which are ever intended to be done on just & weighty Causes) that they will not presently set him free, but bail him to answer what shall be objected against him on his Majesty's behalf. But if any other inferior Officer commit a man without a cause shown, they do instantly deliver him, as having no cause to expect their pleasure. So the Delivery is applied to an imprisonment by the command of some mean minister of Justice, Bailing when it is done by the Command of the King or his Council.  
It was said by Mr Attorney, That Bailing was a grace and favour of a Court of Justice, and that they may refuse to do it.  
This was agreed to be true in divers cases, as where the case doth appear to be for felony, or other crimes expressed; for that there is another way to discharge them in some convenient time, by their trial: & yet in some of these cases the constant practice hath been anciently & modernly to bail them. But where no cause of the imprisonment is returned but the Command of the King, there is no way to deliver such persons by trial or otherwise, but that of the habeas Corpus; and if they should be then remanded, they may be perpetually imprisoned without any remedy at all, and consequently a man that had committed no offence, be in worse case than a great Offender; for the latter should have an ordinary trial to discharge him, the other should never be delivered.  
It was further said that though the Statute of Westm. 1. cap. 15. as a Statute by way of provision did extend only to the Sheriff, yet the recital of that Statute touching the 4 cases wherein a man was not replevisable at the Common Law, namely those that were committed for the death of a man, by the command of the King, or the Justices, or for the Forest, did declare that the Justices could not bail such a one, and that Replevisable and Bailable were Synonyma and all one, and that Stamford a Judge of great authority doth expound it accordingly, and that neither the Statute, nor he says replevisable by the Sheriff, but generally without restraint, and that if the Chief Justice commits a man, he is not to be enlarged by another Court, as appeareth in the Register.  
To this it was answered; 

First, that the recital and body of the Statute relates only to the Sheriff, as appeareth by the very words.  
Secondly, that replevisable is not restrained to the Sheriffs, for that the words import no more that a man committed by the Chief Justice is bailable by the Court of King's Bench.  
Thirdly, that Stamford meaneth all of the Sheriff, or at least he hath not sufficiently expressed that he intended the Justices.  
Fourthly, It was denied that Replevisable and Bailable were the same; for they differ in respect of the place where they are used, Bail being in the King's Court of Record, Replevisable before the Sheriff: and they are of several natures, Replevisable being a letting at large upon Sureties, Bailing being when one Traditur in ballium, and the Bail are his Gaolers, and may imprison him, and shall suffer body for body, which is not true of replevying by sureties. And Bail differeth from Mainprize in this, that Mainprize is an undertaking in a sum certain, Bailing is to answer the condemnation in Civil causes, and in Criminal body for body.    
The reasons and authorities used in the first Conference were then renewed, and no exception taken to any, save in 22. H. 6. it doth not appear that the Command of the King was by his mouth, which must be intended; or by his Council, which is all one, as is observed by Stamford, for the words are these, That a man is not replevisable by the Sheriff, who is committed by the Writ or Commandment of the King.  
21. E. 1. rot. 2. dorso was cited by the King's Counsel. But it was answered, that it concerned the Sheriff of Leicester only, and not the power of the Judges. 33. H. 6. the King's Attorney confesseth was nothing to the purpose: and yet that Book hath been usually cited by those that maintain the contrary to the Declaration of the House of Commons. And therefore such sudden opinion as hath been given thereupon is not to be regarded, the foundation failing.  
And where it was said, that the French of 36. E 3. Rot. Parliament. 9 which can receive no answer, did not warrant what was inferred thence, but that these words Sans disturbance mettre ou arrest fair et le contre par special commandment ou en autre manner, must be understood, that the Statutes should be put in execution without putting disturbance, or making arrest to the contrary by special command or in other manner: The Commons did utterly deny the interpretation given by the King's Counsel, and to justify their own did appeal to all men that understood French, and upon the 7 Statutes did conclude, That their Declaration remained in undoubted truth, not controlled by any thing said to the contrary.   

The true Copies of the Records not printed which were used on either side of that part of the debate.  
INter Recorda domini Regis Caroli in Thesauro Recepto Scacarii sui sub custodia domini Thesaurarii et Camerarii ibidem remanentia, viz. placita coram ipso Domino Rege & Concilio suo ad Parliament. suum post Pascham apud London, in M●nerio Archipiscopi Ebor. Anno Regni Domini Regis Edw. vicessimo primo, inter alia sie continetur, ut sequitur.  

Rot. secundo in Dorso. Vic. Leic. sci.  
Stephanus Rubaz Vic. Leic. & War. coram ipso Domino Rege & ejus concilio arianatus & ad Levem positus de hoc quod cum Io. Botetourte, Edel Hatche, & W. Hemelin. nuper in ballium ipsius vicecom. per Dominum Regem fuissent assignati and Goalas Domini Regis celiberandum eidem vic. quendam W. de Petling per quendam Appellatorem ante adventum eorundam Justic. ibidem appellatum & captum vivente ipso appellatore usque diem deliberationis coram eye facte demisit per plevinam contra formam statuti etc. Et etiam quendam Radulphum de Cokehall qui de morte hominis indictatus fuit & per eundem vicecom. captus. Idem vicecomes per plevinam dimisit contra formam statuti & etiam eundem Radulphum sine ferris coram eisdem Justitiariis ad deliberationem predictam produxit contra consuetudinem Regni & simile quendam Will. filium Walteri le Persone qui per preceptum Com. War. captus fuit dimisit per plevinam contra voluntatem & preceptum Domini Regis. Cum idem Dominus Rex sub Litteras suas sub privato figillo suo eidem vic. praecepit quod nulli per praeceptum praedicti Com. Warr. capt. aliquam gratiam faciat, etc. Et super hoc praefatus johannes Botetourt qui presence est & qui fuit primus Justic. predicorum premissa recordatur.  
Et praedictus vicecomes dicit quo ad praedictum Will. de Petlings quod ipse nunquam à tempore captionis ipsius Will. per praedictum appellatorem demissus fuit per plevinam aliquam ante adventum praedictorum Justitiariorum, Imo dicit quod per dimidium anni ante adventum eorum Justic. captus fuit, & semper detentus in prisona absque plevina aliqua quousque coram eisdem damnatus fuit & quo ad praedictum Radulphum bene cognoscit quod ipse dimisit eum per plevinam & hoc benefacere potuit ratione & authoritate officii sui eo quod captus fuit pro quodam simplici transgressione & non pro aliqua felonia pro qua replegiari non potuit & quo ad tertium viz. Will. filium Persone bene cognoscit quod ipse captus fuit per praeceptum praedicti Com. Warr. & quod dimisit eum per plevinam sed dicit quod hoc fecit, ad rogatum quorundam de hospitio & curia Domini Regis etc. qui eum inde specialiter rogaverunt per literas suas & super hoc idem Vic. quaesitus per Dominum Regem quis eum rogavit & literas suas ei direxit & ubi litera ille sunt dicit quod Walterius de langton eum per literas suas inde rogavit sed dicit quod breve ille sunt in partibus suis Leic. & super hoc idem Vic. profert quoddam breve Domini Regis de Privato Sigillo eidem vicecomiti directum quod restatur quod dominus Rex ipsi vicecomiti praecepit quod omnes illos transgressiones contra pacem & de quibus Com. Warr. ei scire facerit caperet & salvo custodierit absque aliqua gratia eye faciend. & quia praedictus Justitiar. expresse recordatur quod ipse & socii sui per bonu. & Legal. inquisitionem de militibus & aliis hominibus coram eye fact. invenerunt quod predictus Willielmus de Petlings demissus fuit per plevinam per magnum tempus ante adventum eorundam & per vicecomite praedicto, & etiam quia predictus vic. cognoscit quod praedictus Radulphus demissus fuit per plevinam per ipsum vic. & hoc dicit quod benefacere potuit, eo quod captus fuit pro levi Transgressione & per Record. ejusdem Justitiarium compertum est, quod captus fuit pro morte hominis quod est contrarium dicto praedict. vic. & similiter quod idem vic. cognovit quod recepit literam Domini Regis per quam, Rex ei praecepit quod nullam gratiam fecerit, illis quae capti fuerunt per praeceptum praedicti Comitatis & eidem vic. contra praeceptum illud dimissit praedictum Will. filium Walteri per plevinam qui captus fuit per praeceptum praedicti Comitatis prout idem vic. fatetur & sic tum ratione istius transgressione quam aliorum praedictorum incidit in poenam statuti Const. est quod praedictus vic. committitur prisonae juxta formam statuti, etc.   

Ex Rotulo Parliament. de Anno Regis Edw. Tertii tricessimo sexto Num. 9  
Primierent à la grand Chartre et la Chartre de Foreste et les autres estatuts faits en son temps et des ses Progenitours pour profit de lui et de la Commonalty bien et ferment guarder et mis en due execution sans disturbance mettre ou arrest. fair len contre par special mandament on en altar manere. Nostre seignieur le Roy per assent de Prelatts Countess Barons et la Commonalty ad ordeine et establi et les dits Chartres et statutes soient tenurs et mis en execution selon la dit petition.   

Numero 20.  
Item come il soit convenuts en la grand Chartre et autres estatuts & nul homine spoit pris ne imprison per special mandament sans enditement ou autre due processe affair per la loy et sonent faite ad este et uncore est et pluseurs gentes sont empescher pris et imprisones sans enditement on autre, proces fait per la loi sur eux sibien de chose faite horse de la forrest du Roy cum pour autre cause que pliese Seigneur le Roy dit nostre &c. Commander et deluier ceux et sont ausi pris per tiel especial mandament Contra le forme des Chartres avantdit dits.  
Resp. It pleist au Roy et simul le seurs que qui viegne et fait le plaint te droit lui seura fait.   

Parliament. anno 42. E. 3. Num. 12.  
Item purse que plusours de vestre Commonalty anients et destinite per faux accusans queux fout lour accusaments plus per lour vengances et singlers profits que purla profit du Roy ou de son people et la accusits per eux ascuns on es pris et ascuns soit fait venire devant le counsel le Roy per brief en autre mandament du Roy sur grief Peme en contra la loir. Pleise a nostre le Roy et son bon Concil: pro droit government de son people ordeigne que se desors ascuns accusore purpose asconet matre pur profit du Roy, et cille matire soit menda à ses Justices det un Banks ou del autre ou de assizes dent inquire et terminere solon la lei et si touch accuser ou parle dit soit sent a le rome les et nul homine soit mis a respondere son presentment de naut Justices en chose de Recordes en per due process et brief original solon lanciene Loyde la Terre et si rien de sore evanant en soit fait a le contre soit voide en lei et ten pur error.  
Resp. Purce que ceste article est Article de le grand Chartre le Roy voit que loy soit fait come la petition demand.   

Ex Rot. Clauss. de Anno Regni Regis E. 1. primo Num. 1. M. 1.  
Thomas de Clere de Bletchwith captus & detentus in prisona Northampton pro transgressionibus forrestae habet literas Rogero de Clifford Justic. 
Deponend. per ballium.  forest. citra Trent quod ponatur per ballium dat. apud Sanctum Martinum magnum London. vicessimo die Octobris.   

M. 7.  
Stephanus de Lyndley captus & detentus in prisona pro transgressione per ipsum facta in homines Regis de Lyndley habet Literas Regis Galfrido de Nevil Justic-ultra Trent, quod ponatur per ballium.   

M. 9  
Thomas Spademan captus & detentus in prisona Oxon. pro morte Will. Wynne unde rectatus est habet Literas Regis Vic. Oxon quod ponatur per ballium.   

M. 9  
Willielmus de Deane, Mattheus Crust, Rogerus de Bedell, Willielmus Halfrench, Robertus Wyall, Alexander Hareing, Harry le Shorne, Nicolas de Sindilond, Turgesius de Hertfield, Robertus de Pole & Ricardus de Galeas, capti & detenti in prisona hostra Cant. pro morte Galfridi de Cottillen, unde appellati sunt, habent Literas Regis Vicecancellario quod ponantur per ballium dat. 23. die Martii.   

Clauss. Anno 2. Edw. 1. Num. 12.  
Rex Rogero de Clifford Justic. forrest. citra Trent, mandamus vobis quod si Robertus Vmrin captus & detentus in prisona nostra de Aylsburie pro transgressione forrestae nostrae invenit vobis 12 probos & legales homines de balliva nostra qui manucapiant eum habere coram Justiciariis nostris ad placita forrest. cum in partes etc. ad stand. inde rect. tunc ipse Robertus si secundum Ass. forrest. fuerit Replegiabilis per dictos 12. interim tradatur in ballium sicut praedictum est & habeatis nomina illorum 12. hominium & hoc breve dat. 27. die Februarii.   

Clauss. Num. 2. E. 1. M. 14.  
Willielmus de Bryott, Galfridus de Wickerum, & Hugh de Stowe, detent. in prisona regis de Aylsbury pro transgressione venat. breve direct. 
Deponend. in ballium.  Rogero de Clifford Justic. forest quod si secundum ass. Forrest. fuerint repleg. usque advent. Justic. Regis ad placita Forrest. cum in parts illas venerunt dat. apud Coddington. 28. die Decembris.   

M. 15.  
Gilbertus Gourney de Kedington, & Hugo le Tailour de Kedington, capti & detenti in prisona de Sancti Edmundi pro morte Edmundi Butting, unde rectati sunt, habuerint Literas Regis Vic. Suff. quod ponantur per ballium.   

Clauss. anno 3. E. 1. M. 11.  
Galfridus de Haireton, capt. & detent. in prisona Regis Ebor. pro morte Adel Clerke unde rectatus est habet Literas Regis Vicecomiti Ebor. quod ponatur per ballium dat apud Westmonasterium vicessimo octavo die junii.   

Membr. 20.  
Robertus Belbarbe captus & detentus in prisona Regis de Newgate pro morte Thomae Pollard, unde rectatus est, habeat Literas Regis Vic. Midd. quod ponatur per ballium dat 28. die Februarii.   

Clauss. Num. quarto. E. 1. M. 5.  
Mandate est Radulpho de Sandwich quod si Willielmus de Pattare & johannes filius ejus, Walterius Home, Walterius Corneum, Henericus Patch, & Willielmus Cardegan capt. & detent. in prisona Regis de Sancto Bryanello pro transgressione forest. unde rectat. sunt, induunt sibi 12 probos & legales homines de Balliva sua (viz.) quilibet eorum duodecim qui eos manucapierent breve coram Justic. Regis ad placita forr: cum in parts illas venerunt ad stand. inde rect. tunc ipsos Will. joh. Henr. & Will. praedict. duodecimo secundum ass. forr. fuerint replegiand. traditur in Ballium ut praedict. est si habeant nomina illorum duodecem hominum & ho breve Teste rege apud Bellum locum Regis vicessimo nono die Augusti.   

Clauss. anno 4. E. 1. M. 16.  
Henricus filius Rogeri de Ken de Cotesbrook, captain & detent. in prisona nostra Northampton pro morte Simonis le Charreter unde appellatus est habet Literas Regis Vic. Northampton quod ponatur per ballium.   

Clauss. anno quinto E. 1. M. 1.  
Mandate est Galfrido de Nevil Justic. Forrest. ultra Trent quod si Walter de Le Greve capt &. detent. in prisona de Nott. pro transgressione forest invenerit sibi 12 probos & legales homines etc. qui eum manucapiunt etc. 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 & jul. uxor ejus capti & detenti in prisona de Wyn●otestan pro morte Stephano Southell 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 Peste captus & detentus in prisona Regis de Norwich pro morte julian 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 Rege 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.  
johannes Brun, de Rollenwrith captus & detentus in prisona Regis Oxon. pro morte johannis de Sutton, unde rectatus est, habet Literas Regis Vicecomiti Oxon. quod ponatur per ballium usque ad primam Ass. si ea occasione etc. Teste Rege apud Bristol, 28 die junii.   

M. 2.  
Will. Spore Capellanus captus & detentus in prisona Regis Exon. pro morte johannis Spore, unde indictatus est, habet Literas Regis Viceco●●ti Devon. quod ponatur per ballium usque ad primam Assisam, si ea occasione, etc. Teste Rege apud Wynds. 28 die Maii.   

Numero 10.  
Gilbertus Fairchild, captus & detentus in Gaola Regis Dorcestr. pro morte Henri●. de Langton 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 johannis de sprincke johannis Ermond de Dunberke unde rectatus est, habet Literas Vicecancellario quod ponatur per ballium usque ad primam Assisam si ea occasione etc. Teste Rege apud Cestr. vicessimo octavo die junii.  
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, etc. Teste Rege apud Shene tertio die junii.   

M. 7.  
johannes de Githerd captus & detentus in prisona Regis Eborac. pro morte Matth. Samson 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, 
Deponend. in ballium.  unde rectatus est, habet Literas Regis Vicecomiti Ebor. quod ponatur per ballium usque ad primam Assisam Teste Rege apud Westm. septimo die Februarii.   

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 januarii.   

N. 16.  
johannes 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 pro morte Roberti Le Magne 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 Fishere 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 Freeman, out of Precedents of Record and Resolutions of Judges in former times, by Mr Selden.  
My Lords,  
YOur Lordships have heard from the Gentleman that last spoke a great part of the grounds upon which the House of Commons, after mature deliberation, proceeded to that clear resolution touching the right of Liberty of their persons. The many Acts of Parliament (which are the written Laws of the Land, and are expressly 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 clearly answered.  
It may seem now perhaps, my Lords, that little remains needful to be further added for the enforcement and maintenance of so fundamental and established a right and liberty belonging to every Freeman of the Kingdom.  
But in the examination of Questions of Law or Right, besides the Laws or Acts of Parliament, that ought chief to regulate and direct every man's judgement, whatsoever hath been put in practice to the contrary; there are commonly also used former Judgements or Precedents: and they indeed have been so used sometimes, that the weight of Reason, of Law, and Acts of Parliament hath been laid by, and resolutions have been made, and that in this very point, only upon the interpretation and apprehension of Precedents.  
But Precedents, my Lords, are good media or proofs of illustration or confirmation when they agree with the express Law; but they can never be proof enough to overthrow any one Law, much less seven several Acts of Parliament, as the number of them is for this point.  
The House of Commons therefore taking into consideration, that in this Question (being of so high a nature that never any exceeded it in any Court of Justice whatsoever) all the several ways of just examination of the truth should be used, have also most carefully informed themselves of all former Judgements or Precedents concerning this great point either way, and have been no less careful of the due preservation of his Majesty's just Prerogative, then of their own Rights.  
The Precedents here are of two kinds: either merely matter of Record, or else the former resolutions of Judges after solemn debate in the point.  
This part that concerns the Precedents the House of Commons have commanded me to present to your Lordships, which I shall as briefly as I may; so I shall do it also faithfully and perspicuously.  
To that end, my Lords, before I come to the particulars of any of these Precedents, I shall first remember to your Lordships that which serves as a general key for the opening and true apprehension of all them of Record, without which key no man (unless he be versed in the Entries and Court of the King's Bench) can possibly understand them.  
In all cases, my Lords, where any right or Liberty belongs to the Subject by any positive Law, written or unwritten, if there were not also a remedy by Law for the enjoying or regaining of this right or Liberty when it is violated or taken from him, the positive Law were in vain; and to no purpose were it for any man to have right in any land or other Inheritance, if there were not a known remedy, that is an Action or Writ, by which in so me court of ordinary Justice he might recover it. And in this case of right of Liberty of the Person, if there were not a remedy in the Law for regaining it when it is restrained, it were to no purpose to speak of Laws that ordain it should not be restrained.  
Therefore in this case also I shall first observe the remedy that every Freeman is to use for the regaining of his Liberty when he is against Law imprisoned, that so upon the legal course and form to be held in using that remedy, the Precedents or Judgements upon it (for all Precedents of Record rise out of this Remedy) may be easily understood.  
There are in the the Law divers remedies for enlargement of a Freeman imprisoned, as the Writs of odio & atia, and of homine replegiando, besides the common and most known Writ of habeas Corpus, or Corpus cum causa, as it is called also.  
The first two are Writs to be directed to the Sheriff of the County, and lie only in some particular cases, with which it would be untimely for me to trouble your Lordships, because they concern not that which is committed to my charge.  
But that Writ of habeas Corpus or Corpus cum causa, is the highest remedy in Law for him that is imprisoned by the special command of the King, or of the Lords of the Council, without showing cause of the commitment. Neither is there any such thing in the Laws of this Land, as a Petition of Right to be used in such cases for the Liberty of the person, nor is there any other legal Course to be taken for enlargement in such cases, howsoever the contrary hath upon no ground or colour of Law been pretended.  
Now, my Lords, if any man be so imprisoned by any such command or otherwise, in any prison whatsoever through England, and desire either by himself, or any other in his behalf this Writ of habeas Corpus (for the purpose) in the Court of King's Bench; the Writ is to be granted to him, and ought not to be denied him, no otherwise then any ordinary original Writ in the Chancery or other common process of Law may be denied: Which, amongst other things, the House of Commons hath resolved also upon mature deliberation, and I was commanded to let your Lordships know so much.  
This Writ is to be directed to the Keeper of the Prison in whose custody the Prisoner remains, commanding him that at a certain day he bring in the body of the Prisoner, ad subjiciendum & recipiendum juxta quod Curia consideraverit, & una cum causa captionis & detentionis; and oftentimes una cum causa detentionis only, captionis being omitted.  
The Keeper of the Prison thereupon returns by what Warrant he detains the Prisoner, and with his Return filled to his Writ brings the Prisoner to the Bar at the time appointed.  
When the Return is thus made, the Court judgeth of the sufficiency or insufficiency of it only out of the body of it, without having respect to any other thing whatsoever: that is, they are to suppose the Return to be true whatsoever it be. For if it be false, the party may have his remedy by action on the case against the Gaoler that brings him.  
Now, my Lords, when this Prisoner comes thus to the Bar, if he desires to be bailed, and that the Court upon view of the Return think him in Law to be bailed; then he is always first taken from the Keeper of the Prison that brings him, and committed to the Marshal of the King's Bench, and afterwards bailed; and the Entry perpetually is Committitur Marr. & postea traditur in ballium. For the Court never bails any man until he becomes their own Prisoner, and be in custodia Marescalli of that Court.  
But if upon return of the habeas Corpus it appears to the Court that the Prisoner ought not to be bailed, nor discharged from the Prison whence he is brought, than he is remanded or sent back again, there to remain until by Course of Law he may be delivered. And the Entry in such case is Remittitur quousque secundum legem deliberatus fuerit, or Remittitur quousque etc. which is all one, and is the highest award or Judgement that ever was or can be given upon a habeas Corpus.  
But if the Judges doubt only whether in Law they ought to take him from the prison whence he came, or give day to the Sheriff to amend his Return, (as often they do) than they remand him only during the time of their debate, or until the Sheriff hath amended his Return; and the Entry upon it is Remittitur only, or Remittitur prisonae predict. without any more. And so remittitur generally is of fare less moment in the award upon the habeas Corpus, then remittitur quousque: howsoever vulgar opinions raised out of the fame of the late Judgement be to the contrary.  
All these things are of most known and constant use in the Court of King's Bench, as it cannot be doubted but your Lordships will easily know also from the grave and learned, my Lords the Judges.  
These two causes, the one of the Entry of Committitur Marescallo & postea traditur in ballium, and the other Remittitur quousque, and Remittitur generally, or Remittitur prisonae predict. together with the nature of the habeas Corpus, being thus stated, it will be easier for me to open, and your Lordships to observe whatsoever shall occur to this purpose in the Precedents of Record; to which I shall come in particular.  
But before I come to the Precedents, I am to let your Lordships know the resolution of the House of Commons touching the enlargement of any man committed by the command of the King, or of the Privy Council, or of any other, without cause showed of such commitment. It is thus:  
That if a Freeman be committed, or detained in prison, or otherwise restrained by the Command of the King, the Privy Council, or any other, and no cause of such commitment, detainer, or restraint be expressed, for which by Law he ought to be committed, detained, or restrained, and the same be returned upon a habeas Corpus granted for the party, that then he ought to be delivered or bailed.  
This resolution as it is grounded upon those Acts of Parliament already showed, and the reason of the Law of the Land, which is committed to the charge of another, and an one to be opened unto you; is strengthened also by many Precedents of Record,  
But the Precedents of Record that concern this point are of two kinds: for the House of Commons hath informed itself of such as concern it either way.  
The first, such as show expressly that persons committed by the Command of the King, or of the Privy Council, without any cause shown, have been enlarged upon Bail when they prayed it. Whence it appears clearly that by Law they were bailable, and so by habeas Corpus to be set at liberty. For although they ought not to have been committed without cause shown of their commitment; yet it is true that the reverend Judges of this Land in former Ages, did give such a respect to such commitment by Command of the King or of the Lords of the Council, (as also to the commitments sometimes of inferior persons) that upon the habeas Corpus they rarely used absolutely to discharge the prisoners instantly, but to enlarge them only upon Bail, which sufficiently secures and preserves the Liberty of the Subject according to the Laws that your Lordships have already heard. Nor in any of these cases is there any difference made between any such commitments by the King, and commitments by the Lords of the Council that are incorporated with him.  
The second kind of Precedents of Record are such as have been pretended to prove the Law to be contrary, and that persons so committed ought not to be set at liberty upon Bail, and are in the nature of Objections out of Record.  
I shall deliver them summarily to your Lordships with all faith, as also the true Copies of them: Out of which it shall appear clearly to your Lordships, that of those of the first kind there are no less than twelve most full and directly in the point to prove that persons so committed are to be delivered upon bail; and among those of the other kind there is not so much as one that proves at all any thing to the contrary.  
I shall first, my Lords, go through them of the first kind, and so observe them to your Lordships, that such scruples as have been made upon them by some that have excepted against them, shall be cleared also according as I shall open them severally.  
The first of this first kind is of Edw. 3. time. It is in Pasche 18. E. 3. Rot. 33. Rex. The case was thus. King E. 3. had committed by Writ, & that under his Great Seal (as most of the Kings Commands in that time were) one john de Bidleston a Clergyman to the prison of the Tower, without any cause showed of the commitment. The Lieutenant of the Tower is commanded to bring him into the King's Bench, where he is committed to the Marshal. But the Court asked of the Lieutenant if there were any cause to keep this Bidleston in prison, besides that commitment of the King. He answered, No. Whereupon (as the Roll saith) Quia videtur Curiae breve predictum (that is the King's Command) sufficientem non esse causam predictum Johannem de Bidleston in prisona Marr. Regis hic detinend▪ idem Johannes dimittitur per manucaptionem Will. de Wakefield and some others. Where the Judgement of the Court is fully declared in the very point.  
The second of this first kind of Precedents of Record is in the time of H. the 8. One john Parker was committed to the Sheriffs of London pro securitate pacis, at the Suit of one Brinton, ac pro suspicion felony committed by him at Cowall in Glocestershire, ac per mandatum Dni. Regis: he is committed to the Marshal of the King's Bench, & postea isto eodem Termino traditur in Ballium. There were other causes of the commitment, but plainly one was a Command of the King signified to the Sheriff of London, of which they took notice.  
But some have interpreted this as if the commitment here had been for suspicion of felony by command of the King; in which case it is agreed of all hands that the Prisoner is bailable.  
But no man can think so of this Precedent, that observes the Contents and understands the Grammar of it, wherein most plainly, ac per mandatum Regis hath no reference to any other cause whatsoever, but is a single cause enumerated in the Return by itself, as the Record clearly shows. It is in the 22. H. 8. Rot. 37.  
The third is of the same time. It is 35. H. 8. Rot. 33. john Bincks case. He was committed by the Lords of the Council pro suspicion felony, ac pro aliis causis illos moventibus. Qui committitur Marescallo, etc. et immediate ex gratia curiae special. traditur in ballium.  
They commit him for suspicion of felony, and other causes them thereunto moving, wherein there might be matter of State, or whatsoever else can be supposed, and plainly the cause of the commitment is not expressed; yet the Court bailed him without having regard to those other unknown causes that moved the Lords of the Council.  
But it is indeed somewhat different from either of those other two that precede, and from the other nine that follow; For it is agreed, That if a cause be expressed in the return, insomuch as the Court can know why he is committed, that then he may be bailed; but not if they know not the cause. Now when a man is committed for a cause expressed, & pro aliis causis Dominos de Concilio moventibus, certainly the Court can no more know in such a case 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. overton's 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 virorum honorabilis Concilii Dominorum Regis & Reginae. Qui committitur Marescallo etc. immediate traditur in ballium.  
In answer to this Precedent, 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 appears 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 Precedent say, That because he was indicted of Treason, therefore, though he was committed by the command of the Lords of the Council without cause shown, yet he was bailable for the Treason, and upon that was here bailed. Then which Objection nothing can be or is more contrary to Law or common Reason.  
It is most contrary to Law, for that clearly every Return is to be adjudged by the Court out of the body of the Writ itself, & not by any other collateral or foreign 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 Privy Council, without cause shown, and be not indicted of Treason or some other offence, may not be enlarged by reason of the supposition of matter of State. But that whosoever is so committed, and withal stands so indicted, though in another Record, may be enlarged, 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, Traitors and Felons had the highest privileges of personal Liberty, and that above all other Subjects of the Kingdom.  
The first of this first kind is of Queen Mary's time also. It is Pasche 4. & 5. P. & M. Rot. 45. the Case of Edward Newport. He was brought into the King's Bench by habeas Corpus out of the Tower of London cum causa, viz. Quod commissus fuit per mandatum Conciliorum Dominae Reginae. Qui committitur Marr. etc. 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 Term of the same year, it appears he was in question for suspicion of Coining. 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 Privy Council. 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 days. It is Mich. 9 Eliz, Rot. 35. the Case of Thomas Laurence. This Laurence came in by habeas Corpus, returned by the Sheriffs of London to be detained in prison per mandatum Concilii Dominae Reginae. Qui committitur Marescallo, etc. & 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 appears so in the margin of the Roll, where the word pardonatur is entered. But clearly his enlargement by Bail was upon the Body of the Return only, unto which that Note of Pardon in the Margin 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 year, and of Easter Term 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 Regina. Qui committitur Marr. & postea isto codem Termino traditur in ballium.  
The like Objection hath been made to this, as to that before of Laurence: but the self same Answer clearly satisfies for both of them.  
The eighth is of the same Queen's time, in Pasche 20. Eliz. Rot. 72. john 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 codem 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 authority of the Precedent hath been lessened and slighted. If it had been at his Chamber, it would have proved at least thus much, That Sr Christopher wray then chief Justice of the King's Bench, being a grave, learned and upright Judge, knowing the Law to be so, did bail this Browning, and so enlarge him. And even so fare were the Precedent of value enough. But it is plain that though the habeas Corpus were returnable indeed (as it appears in the Record itself) at his Chamber in Serjeant's Inn, yet he only committed him to the King's 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 Gatehouse, and that per Dominos de privato 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. etc. 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 Term 43. E. Rot. 37. Robert Catesby was committed to the Fleet per warrant diversorum prenobilium virorum de privato Concilio Dominae Reginae. He was brought before Justice Fennor, one of the Judges of the King's Bench, by habeas Corpus at Winchester House in Southwark, & commissus fuit Marr. per praefat. Edw. Fennor, & statim traditur in ballium.  
The eleventh is Richard Beckwith's Case, which was in Hillary 12. of King james, R. 153. He was returned upon his habeas Corpus to have been committed to the Gatehouse by divers Lords of the Privy Council, Qui committitur Marr. & postea isto Termino traditur in ballium.  
To this it hath been said by some, that Beckwith was bailed upon a Letter written by the Lords of the Council to that purpose to the Judges. But it appears not that there was ever any letter written to them to that purpose; which though it had been, would have proved nothing against the authority of the Record. For it was never before heard of that Judges were to be directed in point of Law by letters from the Lords of the Council; although it cannot be doubted but that by such letters sometimes they have been moved to bail men that would not, or did not ask their enlargement without such letters; as in some examples that I shall show your Lordships among the Precedents of the second kind.  
The twelfth and last of these is that of Sr Thomas Mounson's. It is Mich. 14. jacobi Rot. 147. He was committed to the Tower per warrantum à diversis Dominis de privato Concilio Domini Regis Locum-tenenti directum, and was returned by the Lieutenant to be therefore detained in prison. Qui committitur Marr. & super hoc traditur in ballium.  
To this it hath been answered, That every body knew by common fame that this Gentleman was committed for suspicion of the death of Sr Thomas Overbury, and that he was therefore bailable. A most strange interpretation, as if the Body of the Return and the Warrant of the Privy Council should be understood and adjudged out of fame only. Was there not as much a fame why the Gentlemen that were remanded in the late Judgement were committed? and might not the selfsame reason have served to enlarge them their offence (if any were) being I think much less than that for which this Gentleman was suspected?  
And thus I have faithfully opened the number of twelve Precedents most express in the very point in question, and cleared the Objections that have been made against them.  
And of such Precedents of Record as are of the first kind, or prove plainly the practice of former Ages, and Judgements of the Court of the King's Bench in the very point in behalf of the Subjects, my Lords, hitherto.  
I come next those of the second kind, or such as have been pretended to prove that persons so committed are not to be enlarged by the Judges upon the habeas Corpus, but aught to remain in Prison still at the pleasure of the King or of the Privy Council.  
These are of two natures. The first are those wherein some assent of the King or the Privy Council appears upon the enlargement of a Prisoner so committed; as if that because their assent appears, therefore the enlargement could not have been without such assent.  
The second of this kind are those which have been used as express Testimonies of the Judges denying Bail. And in such cases I shall open this also to your Lordships, which being done, it will most clearly appear that there is nothing at all in any of these that make any thing against the Resolution of the House of Commons touching this point. Nay, they are so fare from making any thing against it, that some of them add good weight also to the proof of that Resolution.  
For those of the first nature of this second kind of Precedents, they begin in the time of H. 7. Thomas Brugge and divers others were imprisoned in the King's Bench ad mandatum Domini Regis. They never sought remedy by habeas Corpus or otherwise, for aught appears: but the Roll says, Dominus Rex relaxavit mandatum, and so they were bailed. But can any man think that this is an Argument either in Law or common Reason, that therefore they could not have been bailed without such assent?  
It is common in the Cases of common persons, that one being in Prison for surety of the peace, or the like, at the Suit of another, is bailed upon the release of the party plaintiff. Can it follow that therefore he could not have been bailed without such a release? Nothing is more plain than the contrary. It were the same thing to say that if it appear that a plaintiff be nonsuit, therefore unless he had been nonsuit he could not have been barred in the Suit. The Case last cited is M. 7. H. 7. Rot. 6.  
The very like is in the same year, Hill. 7. H. 7. Rot. 13. the Case of William Bartholomew, William's Case, and divers others. And the selfsame answer that is given to the other clears this▪ So in the same year Pasche 7. H. 7. Rot. 18. john Beaumond's Case is the same in substance with those other two; and the self same answer also satisfies, that clears them.  
The next is Mich. 12. H. 7. Rot. 18. Thomas Yewe's Case. He was committed ad securitatem pacis, for surety of the Peace, at the suit of one Freeman, and besides ad mandatum Domini Regis. And first Freeman relaxavit securitatem pacis, and then Sr james Hubbard the than King's Attorney general relaxavit Domini Regis mandatum: and hereupon he is bailed. The release of the King's Attorney no more proves that he could not have been enlarged without such release or assent, then that he could not have been bailed without the release of surety of the Peace by Freeman.  
The very like is in Hill. 9 H. 7. Rot. 14. the Case of Humphrey Batch: which proves no more here then the rest of this kind already cited.  
Then for this part also Broome's Case of Queen Elizabeth's time hath been cited. The Case is thus, Ter. 39 Eliz. Rot. 118. Laurence Broom was committed to the Gatehouse per mandatum Dominorum Concilii Dominae Reginae, and being returned so upon the habeas Corpus, is first committed to the marshalsea, (as the course is) and then bailed by the Court. Which indeed is an express Precedent that perhaps might well have been added to the first twelve, which so plainly shows the practice of enlarging prisoners in this case by Judgement of the Court upon the habeas Corpus. But it is true that in the Scrolls of that year where the Bails are entered, (but not the Record of the habeas Corpus) there is a note that this Broom was bailed per mandatum privati Concilii super habeas Corpus. But plainly this is no kind of Argument, that therefore in Law he ought not to have been otherwise bailed.  
The self same is to be said of another of this kind, in Mich. 40. Eliz. Rot. 37. Wenden's Case. Thomas Wenden was committed to the Gatehouse by the Queen and Lords of the Council, pro certis causis generally: he is brought by habeas Corpus into the King's Bench, and bailed by the Court.  
But it is said that in the Scrolls of that year it appears that this enlargement was per consensum Dominorum privati Concilii. And it is true that the Queen's Majesty's Attorney did tell the Court that the Lords of the Council did assent to it. Follows in therefore that this might not have been by Law done if the parties themselves had desired it?  
So in Trinit. primo jacobi Rot. 30. Sr john Brocket being committed to the Gatehouse, is by habeas Corpus returned to stand committed per mandatum privati Concilii. And he is enlarged virtute warranti à Concilio praedicto. But the same answer that satisfies for the rest before cited, serves for this also.  
The last of these is Reyner's Case in Mich. 12. jacob. Rot. 119. He was committed to the Gatehouse by the Lords of the Council: being brought into the King's Bench by habeas Corpus is enlarged upon Bail. But this they say was upon a letter written by the Lords of the Council to the Judges. It is true that such a letter was written; but the answer to the former Precedents of this nature are sufficient to clear this also.  
And in all these observe, First, That it appears not the party ever desired to be enlarged by the Court, or was denied it. Secondly, Letters either of the Council or from the King cannot alter the Law in any case.  
So that hitherto nothing that hath been brought for the contrary part hath any force or colour of Reason in it.  
We come now, my Lords, to those Precedents of the other nature cited against this Liberty of the Subject, that is, such as have been used to justify that persons so committed may not be enlarged by the Court.  
They are in number eight; but there is not one of them all proves any such thing, as your Lordships will plainly see upon the opening of them. The first four of them are exactly in the same words, saving that the names of the Persons and the Prisons differ. I shall therefore cite them all one after another, and then clear them together.  
The first is Richard Everard's Case, Hill. 7. H. 7. Rot. 18. He and others were committed to the marshalsea of the Household per mandatum Domini Regis, and so returned upon an habeas Corpus in the King's Bench. whereupon the Entry is only Qui committitur Narescallo, etc.  
The second is Hill. 8. H. 7. Rot. 12. Richard Cherrye's Case. He was committed to the Major of Windsor per mandatum Domini Regis, and so returned upon an habeas Corpus: and the Entry is only Qui committitur Maresc. etc.  
The third is Hill. 9 H. 7. Rot. 14. Christopher Burton's Case; who was committed to the marshalsea of the Household per mandatum Domini Regis, and so returned upon his habeas Corpus: and the Entry is likewise Qui committitur Marescallo, etc.  
The fourth is George Vrsmick's Case, Pasche 19 H. 7. Rot. 23. He was committed to the Sheriffs of London per mandatum Domini Regis, and returned so upon the habeas Corpus, Qui committitur Maresc.  
These 4 have been used principally as express Precedents to prove that a Prisoner so committed cannot be enlarged. And perhaps at the first fight by men that know not or observe not the course and Entries of the Court of King's Bench, they may be apprehended to prove as much: But in truth they rather prove the contrary; at least there is no such colour in them of any such matter as they have been used for.  
To which purpose I beseech your Lordships to call to your memories that which I first observed to you, touching the course of that Court where a Prisoner is brought in by habeas Corpus. He is (if he be not to be remanded) first committed to the Marshal of that Court, and then bailed as his Case requires, that is so certain as it can never be otherwise. Now these men being thus committed by the express Command of the King, are first you see taken from the Prisons where first they were committed. Wherein you may observe by the way, my Lords, that if a general supposition of matter of State were of force, in such a case it might be as needful for point of State to have the Prisoners remain in prison, where the King by such an absolute Command committed them, as to have them at all committed.  
When they have taken them from the Prisons where before they were, they commit them to the Marshal of their own Court, which is but the first step to bailing them. Now it appears not indeed that they were bailed, for than traditur in ballium had followed: but nothing at all appears that they were denied it; perhaps they never asked it, perhaps they could not find such as were sufficient to bail them. And in truth whensoever any man is but removed from any Prison in England (though it be for debt or trespass only) into that Court, the Entry is but in the selfsame syllables as in these 4 Cases.  
And in truth if these Precedents did prove that any of the Prisoners named in them were not bailable, or had been thought by the Court to have been not bailable, it will necessarily follow that no man living that is ordinarily removed from any other Prison into the King's Bench, or that is there upon an ordinary action of debt or action of trespass, could be bailed. For every man that is brought thither and not remanded, and every man that is but arrested for debt or trespass, and not returned into that Court, is likewise committed to the Marshal of that Court, and by the selfsame Entry, and no otherwise. Yet these 4 have been much stood on, and have strangely misled the judgement of some that either did not, or would seem not to understand the course of the Court.  
The fifth of this nature is Edward Page's Case. It is Trinit. 7. H. 8. Rot. 23. This might have been well reckoned with the former 4. had not the mis-entrie only of the Clerk made it vary from them. Edw. Page was committed to the marshalsea of the Household, and that per mandatum Domini Regis, and returned to be therefore detained: and the Entry is, Qui committitur Marr. hospitii Domini Regis. And this word Marr. is written in the Margin of the Roll.  
This hath been also used to prove that the Judges did remand this Prisoner. If they had done so, the remanding had been only while they advised, and not any such award which is given when they adjudge him not bailable. But in truth the word Committitur shows that it was not any remanding of him: Nor doth that Court ever commit any man to the marshalsea of the Household. And besides the word Marr. for Marescallo in the margin, shows plainly that he was committed to the Marshal of the King's Bench, and not remanded to the marshalsea of the Household. For such Entry of that word in the Margin is perpetually in cases of that nature, when they commit a man to their own prison, and so give him the first step to bailment, which he may have if he ask it, and can find bail. And doubtless those words of hospitii predict. were added by the error of the Clerk, for want perhaps of distinction in his understanding of the Marshal of the King's Bench, from the Marshal of the Household.  
The sixth of these is Thomas Cesar's Case. It is in the 8. jacobi Regis, Rot. 99 This Cesar was committed to the marshalsea of the Household per mandatum Domini Regis, and returned to be therefore detained; and indeed a remittitur is in the Roll, but not a remittitur quousque, but only that kind of remittitur which is used only whiles the Court adviseth.  
And in truth this is so fare from proving any thing against the Resolution of the House of Commons, that it appears that the opinion of the reverend Judges of that time was, That the Return was insufficient, and that if it were not amended the Prisoner should be discharged. For in the Book of Rules of that Court of Mich. Term, when Caesar's Case was in question, they did expressly order that if the Steward and Martial did not amend their Return, the Prisoner should be absolutely discharged. The words of the Rule are, Nisi Scenescallus & Marescallus hospitii Domini Regis sufficienter returnaverint breve de habeas Corpus Tho, Cesar, die Mercurit proxim. post quindenam sancti Martini defendens exonerabitur.  
And this is all the force of that Precedent, but yet there hath been an interpretation used upon this Rule. It hath been said that the Judges gave this Rule because the truth was that the Return was false; and that it was well known that the Prisoner was committed not by the immediate Command of the King, but by the command of the Lord Chamberlain; and thence (as it was said) they made this Rule. But this kind of interpretation is the first that ever supposed that Judges should take any notice of the truth or falsehood of any Return, otherwise then the body of the Return could inform them. And the rule itself speaks plainly of the sufficiency only, and not of the truth or falsehood of it.  
The seventh of these is the Case of james Demetrius, Edward Emerson and some others, that were Brewers, and were committed to the marshalsea of the Household per mandatum Domini Regis, and so returned upon habeas Corpus. And it is true that the Roll shows they were remanded; but the remanding was only upon advisement. And indeed the grave and upright Judges of that time, were so careful lest upon the entering of the remanding any such mistake might be, as might perhaps misled posterity in so great a point, that they would have expressly the word immediate added to remittitur, that so all men that should meet with the Roll might see that it was done for the present only, and not upon any debate of the question. And besides there is no quousque to it, which is usually added when the highest award upon debate or resolution of this kind is given by them.  
The eighth of these is the Case of Sr Samuel Saltonstall. It is Hill. 12. jacob. He was committed to the Fleet per mandatum Domini Regis, and besides by the Court of Chancery, for disobeying an order of that Court; and is returned upon his habeas Corpus to be therefore detained. And it is true that a remittitur is entered in the Roll; but it is only a remittitur prisonae predict. without quousque secundum legem deliberatus fuerit. And in truth it appears in the Record that the Court gave the Warden of the Fleet 3 several days at several times to amend his Return, and in the interim remittitur prisonae predict. still. Certainly if the Court had thought that the Return had been good, they would not have given so many several days to have amended it. For if that mandatum Domini Regis had been sufficient in the Case, why needed it to have been amended?  
The ninth and last of these is Trinit. 13. jacob. Rot. 71. the Case of the said Sr Samuel Saltonstall. He is returned by the Warden of the Fleet as in the Case before, and generally remittitur as in the Roll; which proves nothing at all that therefore the Court thought he might not by Law be enlarged: and besides, in both Cases he stood committed also for disobeying an order in Chancery.  
These are all that have been pretended to the contrary in this great point: and upon the view of them thus opened to your Lordships, it is plain that there is not one, not so much as one at all that proveth any such thing, as that persons committed by the Command of the King, or of the Lords of the Council, without cause shown, might not be enlarged; but indeed the most of them expressly prove rather the contrary.  
Now, my Lords, having thus gone through the Precedents of Record that concern this point of either side, before I come to the other kind of Precedents which are the solemn resolution of Judges in former times, I shall (as I am commanded by the House of Commons) represent unto your Lordships somewhat else that they have thought very considerable, with which they have met while they were in a most careful enquiry of whatsoever concerned them in this great Question.  
It is, my Lords, a draught of an Entry of a Judgement in that great Case lately adjudged in the Court of King's Bench, when divers Gentlemen imprisoned per speciale mandat. Domini Regis, were by the Award and Judgement of the Court, after solemn debate, sent back to Prison, because it was expressly said, that they could not in Justice deliver them, though they prayed to be bailed.  
The case is famous and well known to your Lordships, therefore I need not further mention it. And as yet indeed there is no Judgement entered upon the Roll, but there is room enough for any kind of Judgement to be entered. But, my Lords, there is a form of a Judgement, a most unusual one, such a one as never was in any such Case before used, (for indeed there was never before any Case so adjudged) and this drawn up by a chief Clerk of that Court, by direction of Mr Attorney General (as the House was informed by the Clerk) in which the reason of the Judgement, and the remanding of those Gentlemen is expressed in such sort, as if it should be declared upon Record for ever, that the Law were that no man could be enlarged from imprisonment that stood committed by any such absolute command.  
The draught is only in Sr john Henningham's Case, being one of the Gentlemen that was remanded, and it was made for a form for all the rest. The words of it are after the usual Entry of a Curia advisur: vult for a time, that visis return. predict. nec non diversis antiquis Recordis in Curia hic remanent. consimiles casus concernentibus, maturaque deliberatione inde prius habita, eo quod nulla specialis causa captionis five detentionis predict. Johannis exprimitur, sed generaliter quod detentus est in prisona predict. per speciale mandatum Domini Regis; ideo predictus Johannes remittitur perfato Custodi Marr. hospitii predict. salvo custodiend. quousque, etc. 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 inferior Court to deliver him?  
Now, my Lords, because this draught, if it were entered 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 Precedents of former times, and to all reason of Law, to the utter subversion of the chiefest Liberty and Right belonging to every Freeman of the Kingdom, 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, show this draught also to your Lordships.  
I come now to the other kind of Precedents, that is, solemn Resolutions of Judges; which being not of Record, remain only in authentic 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 four and thirtieth year 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 inform 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 entered 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 bail the prisoners▪ yet it is most plain that in the resolution itself not such thing is contained, but rather expressly 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 fundamental 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 King's Bench, though it were cited at the Bar as against this point of personal Liberty, 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 Bar 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 Precedents 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, lest 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 Lordship's authentic Copies of them all, and so leave them, and whatsoever else I have said, to your Lordships further consideration.   

The whole Copies of the Precedents of Record mentioned in one of the Arguments made at the first Conference with the Lords touching the Liberty of the Person of every Freeman.  
INter Recorda Domini Regis Caroli, in The saurario Receptus Scacca●ii sui, sub custodia Dom. The saurarii & Camerarii ibidem remanentia, viz. Placita coram Domino Rege apud Westmonastexium 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 Constabulatio Turris suae London, vel ejus locum-tenenti, breve suum in haec verba: Edwardus Dei gratia Angliae & Franciae Rex, & Dominus Hiberniae, dilecto & fideli suo Roberto de Dalton Constabulario Turris suae London, vel ejus locum-tenenti salutem. Mandamus vobis quod jobarnem de Bildeston Cappellanum, quem vicecomites nostri London ad mandatum nostrum apud praedictam Turrim vobis liberabunt, ab eisdem ●ecipiatis, & in prisona nostra Turri praedicta custodiri faciatis▪ quo usque aliud vobis super hoc duxerimus de mandato. Teste me ipso apud Turrim nostiam London, trigesimo die Martii, anno Regni nostri Angliae sexto decimo, Regni vero nostri Franciae tertio.  
Et modo scilice● in Crast. Ascension. Dom. anno Reg. nunc 18. coram Domino Rege apud Westm. venit johannes de Wyndwick locum-tenens praedicti Constabularii, & adduxit coram Justiciarios hic in Curia praedicta johannem de Bildeston, quem alias à praefatis vicecomitibus virtute brevis praedicti recipit etc. Et dicit quod ipse à Domino Rege habuit in mandatis ducendi & liberandi Corpus ipsius johannis de Bildeston praefat. Justic. hic, etc.  
Et quaesitum est à praedicto johanne Wyndwick, si quam aliam detentionis praefat. johannis de Bildeston habeat causam. Qui dicit quod non nisi breve praedict. tantum. Et quia videtur Curiae breve praedict. sufficientem non esse causam praedict. johannem de Bildeston in prisona Marescall. Reg. hic retinend. etc. idem Iohannes dimittitur per manucaptionem Willielmi de Wakefield Rectoris Ecclesiae de Willingham, johannis de Wyndwick de com. Lancastr. johannis de Lakenham, & johannis 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 etc. viz. corpora pro corpore. Ad quas Octab. sanct. Trinit. coram Domino Rege apud Westm. venit praedict. johannes per mandatum praedict Et super hoc Dominus Rex mandavit Justiciariis suis hic quoddam Breve suum Clausum in haec verba;  
Edwardus Dei gratia Rex Angliae & Franciae, & Dominus Hiberniae, dilectis & fidelibus suis Willielmo Scott & sociis suis Justiciariis ad Placita coram nobis tenenda assignatis, salutem. Cum nuper mandaverimus dilecto & fideli nostro Roberto de Dalton Constabulario Turris nostrae de London, vel ejus locum-tenenti ibidem, quod johannem de Bildeston Capellanum & detentum in prisona Turris praedict. praecept. nostro pro suspicione contrafact. magni Sigilli nostri, cum attach. & aliis causis captionem & detentionem praedict. tangentibus, salvo vel secure duc. facerent coram nobis in crastin. Ascensionis Domini, ubicunque tunc fuissemus in Anglia, prisonae Maresc. nostri ibid. liberandum, in eadem quousque per quendam Informatorem essemus plenius informati, custodiendum, vel habita inde informat. praedict. ulter. super hoc fieri facerimus quod fore videramus faciendum secundum legem & consuetudinem Regni nostri Angliae; nos in casu quod dictus Informator non venit coram nobis ad informandum nos plenius super premissis, nolentes eidem Iohanni eadem de causa justiriam differi in hac parte, vobis mandamus, quod si praedict. Informator in quinden. Sanctae Trinitatis proxime futurum vel citra, non venerit nos super praemissis plenius Informatur tunc adventum ejusdem Informatoris minime expectato eidem Iohanni super hoc fieri faciatis justitiae complementum, johan. prout fore videritis faciendum secundum legem & consuetudinem Regni nostri Angliae. Teste me ipso apud Westmonast. 12 die Maii, anno Regni nostri Angliae 18. vero nostri Francia 5.  
Quo quidem Breve inspecto, facta est Proclamatio quod siquis Dominum Regem super praemissis informare, vel erga ipsum johannem prosequi voluerit, quod veniat, etc. Et super hoc ven. praedict. Will. de Wakefield, Nicol. de Wandsworth, johannes Brunwyn, johannes Laggerham, johannes de Norton, & Roger de Bromeley, omnes de comitatu Middlesex. & manuceperunt praedict. johan. de Bildeston, habend. eum coram Domino Rege de die usque ad praefat. quindenam Sanctae Trinitatis ubicunque, etc. Ad quem diem anno 18. coram Domino Rege apud Westmonasterium venit praedictus johann. de Bildeston, per mandatum praedict. & iterata facta est proclamatio in forma qua superius, etc. Et nullus venit ad Dominum Regem informandum, etc. per quod concess. est quod praedict. johann. de Bildeston eat inde sine die salva causa semper actione Domini Regis siquam, etc.   

De Termino sancti Hillarii anno 22. Hen. 8. & per Com. rot. ejusdem Rot. 37. London cum Gloucest.  
johannes Parker per Richard. Coppin & Will. Dansey vicecomites London virtute Brevis Domini Regis de latitat pro pace vers. ipsum johann. Parker ad sectam johann. Bunton eye inde direct. et coram Rege duct. cum causa, viz. Quodidem johannes Parker captus fuit in Comitatu praedicto pro securitate pacis praedict. ac pro suspicione felloniae per ipsum apud Curmall in comitatu Gloucestriae, perpetrat. per nomen johannis Parker de Thornbury in comitatu Gloucestriae Tonsor, alias dictus johannes Charles de eodem comitatu Surgeon, ac per mandatum Domini Regis nunciat. per Robertum Moor generosum de Cliffords Inne. Qui committitur Marescallo, & isto Termino traditur in ballium, Thomae Atkins de eisdem vill. & comitat. Weaver, usque à die Paschae in unum mensem ubicunque etc. Et quod idem johannes Parker citra eundem diem personaliter compareret coram Justiciariis Domini Regis ad proximum general. Gaol. deliberationem in comitatu Gloucestriae, proxime tenendam, ad subjiciendum & recipiendum omnia & singula quae praefati Justiciarii de eo tunc ordinare contigerint, etc. corpus pro corpore, etc.  
Ad quem diem praefat. johannes Parker licet ipse quarto die placiti ad comparendum non venit, Ideo capierunt eum & pleg. octab. Trinitatis ad quem diem exactum Trin. return. postea Trin. 28. H. 8. ex in 15 Pasche Ad quem diem breve & vicecomes return. quod adhuc tent. apud London, die Lunae proxime post festum Sanctae Scholasticae. Anno Regni H. 8.28. praedictus johannes Parker, Thomas Atkins, & Willelmus Note, ulterius fuerunt, prout patet per brevia Regis tertio Pasche anno 25. Regis praedict.   

De Termino Sancti Mich. anno 35. H. 8. & per Com. ro. ejusdem. Rot. 33. Surr. cum Bucks.  
johannes Bincks per Robertum Dacres Armiger Senescallus Marr. & Radulphum Hopton Marr. ejusdem curiae virtute brevis Domini Regis ad subjiciendum & recipiendum, etc. et eis inde direct. & coram Domino Rege ductus cum causa, viz. quod ante adventum brevis praedicti johannes Bincks captus fuit per mandatum privati Consilii Domini Regis pro suspitione felloniae & pro aliis causis illos moventibus & ductus ad Gaolam Marr. & ibidem detent virtute mandati praedicti, Qui committitur etc. Immediate ex gratia cur. special. praedictus johannes Bincks per nomen johannis Bincks de magna Marlow in comitatu Bucks weaver traditur in ballium, Thomae Bignam de London generos. & johan. Woodward de Marlowe praedict. Tailor, usque in crastinum sancti Martini ubicunque &c, uterque pleg. corpus pro corpore etc. Ad quem diem comparuit et Robertus Darcy Armig. et johannes Bosse Generos. Domin. Justitiar. Dom. Regis ad Pacem in Comit. Bucks virtute Brevis Dom. Regis eye direct. Dom. Regi certificaverint quod Indictamenta de aliquibus Felon. et transgression. versus praedict. joannem Bincks coram eis ad praesens resident. Et ulterius de gestu & fama ipsius joannis Bincks per sacrament. proborum & legalium hominum comitatu Bucks, diligenter inquirend. fecere, Et nihil aliud praeter bonum de eo coram eis est compertum, 
Sine die por proclamationem.  ideo concessum est praedictus johannes Bincks, de premissis eat inde sine die deliberatur per proclamationem, prout mos est.   

De Termino Pasche, etc. De Termino Pasche anno 2. et 3. Phil. et Mar. Regis et Reginae rot. 58. London. sci.  
Richardus Overton de London generosus, per Thomam Leigh & johannem Marshal Vicecomites Londini virtute brevis Domini Regis & Reginae▪ de Habeas Corpus ad stand. rect. eyes inde direct. coram Willielmo Portman, mil. Capital. Justiciar etc. ductus cum causa, viz. quod praedictus Richardus Overton nono die Octobris, ult. praeterit. commissus fuit in prisona de Newgate, & ibidem in eadem prisona sub custodia dictorum vicecom. detent. ad mandatum praenobilium Dominorum honorabilis Consilii praedict. Domini Regs & Reginae, Qui committitur Marr. etc. Et immediate traditur in ballium. Willielmo Overton de Lond●n generos. & johanni Tailor, de parochia sancti Martini apud Ludgate London, mercer, usque octab. Trinitatis, viz. uterque manucapt. praedict. corpus pro corpore. Et postea Tri. secundo Elizabethae Reginae, cap. Overton & pleg. suos Octab. Michaelis. Ad quem diem ex mense Pasche. Ad quem Vicecomitem return. quod ad Husting suum tenent apud Guildhall civitati Londini die lunae proxime post festum sancti Georgii Epi. praedictus Willielmus Overton ulterius est per brevia pacis anno supra dicto.   

De Termino sancti Michaelis anno 2. & 3. Phillip & Mar. Regis & Reginae Rot. 6.  
Habet Cart. allocat. Trin. 2. & 3. Phil. & Mar. Regis & Reginae &c. Midd. sci.  
Richardus Overton nuper de London generos. captus octab. Hillarii pro quibusdam altis proditionibus unde indictatus est, Ad quem diem capt. 15 Pasche exon. crastina Animarum.   

De Termino Pasche anno 4 & 5 Phil. & Mar. Regis & Reginae, Et per com. ro. ejusdem rot. 45. Turr. London.  
Edwardus Newport generosus per Robertum Oxenbridge mil. Constabularium Turris praedicti, virtute brevis Dom. Regis & Reginae de Habeas Corpus ad subjiciendum, etc. Ei inde directum ad Barr. coram Domino Rege & Regina duct. cum causa, viz. Quod ipse sibi commissus fuit per mandatum Consiliorum Dominae Reginae, qui committitur Marrescallo, etc. et immediate traditur in ballium, prout patet. Et postea sine die per parol. virtute brevis gestu & fama prout patet rotul. 17. istius anni & etlam patet super ballium inter scruet istius Termini affilat etc.   

De Termino sancti Michaelis anno 4 & 5 Phil. & Mar. Regis & Reginae & per scruet ejusdem rot. 17.  
Memorandum, quod 14 die Octobris anno Regnorum Dominorum Phil & Mar. Regis & Reginae nunc quarto & quinto, Edwardus Newport de Hamley in comitatu Wigorn. fuerit suppositus & ea de causa per mandatum Consiliorum Dominorum Regis & Reginae, ad Barr. hic ductus fuit, qui committitur Marescallo, etc. Et super hoc idem Edwardus Newport in ballium Thomae Charr, de Laton in comitatu Essex generosus johanni Baker Clerico ordinario London, johanni Gill de Parochia sancti Thomae Apostoli London Clothworker & Richardo Parkes, de Bromesgrove in comitatu Wigorn Yeoman, usque octab. Hillarii ubicunque, etc. viz. Quilibet pleg. praedict. sub poena 100 l. Et praedictus Edwardus sub poena 200 l. Quas etc. Ad quem diem committitur Constabulario Turris London per mandatum Consiliorum Dominorum Regis & Reginae ibidem salvo custodiri quousque, etc. Et postea 4 & 5 Phil. & Mar. traditur in ballium, prout patet per scruet finium ejusdem Termini. Et postea Michaelis 5 Phil. & Mar. exoneratur per Cur. eo quod tam per sacrament. duodecim proborum legalium hominum de praedict. com. Midd. coram Dom. Rege & Regina hic in curia in ea parte jurat & onerat quam per sacrament. duodecim proborum & legalium hominum de corpore dicto comitatu Wigorn coram Edwardo Saunders, & johanne Whiddon Mil. & Justiciar. Dominorum Regis & Reginae ad pacem ac diversis feloniis transgressionibus & malefactionibus in eodem comitatu perpetrat audiendum & terminandum assignat virtute brevis Dominorum Regis & Reginae eis inde directis in ea parte similiter jurat & onerat, ad inquirendum de gestu & fama ipsius Edw. compert. existit quod idem Edw est de bonis gestu & fama. Ideo proclamatio inde facta prout moris est secundum legem & consuetudinem Regni Angliae, 
Deliberatur per paroll.  etc. Consideratum est, quod praedictus Edwardus eat inde sine die, etc.   

De Termino Pasche anno 9 Eliz. Reginae, Rot 35. London sci.  
Thomas Laurence per Christopherum Draper Major Civitatis Londini ac Ambrosum Nicholas & Richardum Lombard, vicecomites ejusdem civitatis virtute brevis Dominae Reginae de Habeas Corpus etc. ad prosequendum, etc. eye inde directum. Et coram Domina Regina duct. cum causa, viz. quod septimo die Novembris anno Regni Dominae Elizabethae, nunc Reginae Angliae octavo Thom. Laurence in dicto breve nominat captus fuit in civitate praedict. & in prisona dict. Dominae Reginae sub custodia praedict. vic. deten. per mandatum Concilii Dominae Reginae. Qui committitur Marrescallo, Et postea traditur in ballium prout patet per scruet finium istius Termini. 
Bal. pardon.    

De Termino Pasche anno 9 Eliz. Reginae, Rot. 68 Turr. London.  
Robertus Constable, per Franciscum jobson milit. Locum tenent. Turris London virtute brevis Dominae Reginae de Habeas Corpus, ei inde direct. & coram Domina Regina duct. cum causa, viz. Quod Robertus Constable praefat. 
pardon.  Francisc. jobson commissus fuit per mandatum privati Concilii Dominae Reginae salvo custodiri. Qui committitur Marrescallo, Et postea isto eodem Termino traditur in ballium.   

De Termino Pasche anno 20. Elizabethae Reginae et per scruet ejusdem, Rot. 72. Turris London.  
johannes Browning per Owinum Hopton, mil. locum tenentem Turris Reginae London, virtute brevis Dominae Reginae de Habeas Corpus ad subjiciendum & recipiendum ei inde direct. Et coram dilectis & fidelibus Justiciariis dominae Reginae ad placita coram nobis tenen. assign. apud hospitium suum in Sergeants Inne Fleetstreet London, die Lunae, viz. Praedictus johannes Browning, commissus fuit eidem loco tenenti per Privatum Concilium Dominae Reginae, salvo custodiend. etc. Qui committitur Marr. 
Marr. Ball.  Et postea isto eodem Termino traditur in ballium prout patet per scruet finium istius Termini.   

De Termino sancti Hillarii anno 40. Elizabethae Reginae, Et per com. rol. ejusdem, rot. 62.  
Edwardus Harecourt, per Hugonem Parlor Custod. prisonae Dominae Reginae de le Gatehouse infra civitatem Westm. in comitatu Midd. virtute brevis Dominae Reginae de Habeas Corpus ad subjiciendum etc. ei inde directum▪ Et coram Domina Regina apud Westmonasterium duct. cum causa viz. quod ante adventum brevis praedict. scilicet 7. die Octobris anno Regni Dominae Reginae nunc 39 corpus Edwardi Harecourt, per Dominos de privato Concilio ei commissus fuit salvo et secure custodiend. certis de causis ipsos moventibus ac ei ignotis, Qui committitur Marrescallo, 
Mar. bal.  & postea isto eodem Termino traditur in ballium prout patet per scruet finium istius Termini.   

De vacation Hillarii anno 43. Eliz. Reginae. Fleet, sc.  
Robertus Catesby per johannem Phillips Guardian de le Fleet virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum, etc. ei inde directum, & coram Edwardo Fennor uno Justitiar. dominae Reginae ad pla-placita coram ipsa Regina tenendum assignat. apud Winchester house in Burgo de Southwark in comitatu Surr. dust. cum causa, viz. quod praedictus Robertus commissus fuit prisonae praedict. primo die Martii anno 43. Reginae per warrantum diversorum praenobilium virorum de privato Concilio Dominae Reginae in haec verba.  
To the warden of the Fleet or his deputy. These shall be to will and require you to receive at the hands of the keeper of the Compter of Woodstreet the person of Robert Catesby Esquire, and him to retain and keep safely in that prison under your charge until you shall have other direction to the contrary wherein this shall be your warrant. Et praefatus Rob. commissus fuit Marrescallo per praefatum Edw. Fennor, Et statim traditur in Ballium prout patet, etc.   

De Termino Sancti Hillarii anno 12. jacobi Regis rot. 153.  
Ricardus Beckwith generosus per Aquilam Wykes, Custod. prisonae praedict. virtute brevis Domini Regis de habeas Corpus ad subjiciendum, etc. ei inde direct. & coram Domino Rege apud Westmonasterium dust. cum causa, viz. quod ante adventum brevis praedicti, scilicet, decimo die Junii, Anno Regni Domini jacobi Regis Dei gratia Angliae, Franciae, & Hiberniae, fidei defensor, etc. 11 & Scotiae 47 praedictus Richardus Beckwith sibi commissus fuit prisonae praedictae sub custodia sua virtute brevis & cujusdam warranti sibi facti & directi per Georgium Divina providentia Archiepiscopum Cant. totius Angliae Primate & Metropolitanum. Hen. comitem Northampton, Dom. Gardianum quinque portuum ac unum de Privato Consilio Regiae Majestatis, Thom. comitem Suffolciae, Dominum Camerarium Regis Familiae ac è sacris Con●●●is Regiae Majestatis. Edward. dominum Wotton Gubernator Regiae Familiae & johannem dominum Stanhope, Vic. Camerar. Regiae Familiae cujus warranti tenor sequitur in haec verba.  
To Aquila Wykes keeper of the Gatehouse in Westminster, or his deputy. Whereas it is thought meet, that Miles Raynard and Richard Beckwith be restrained of their Liberty and committed to the prison of the Gatehouse, These shall be to will and require you to receive the persons of the said Raynard and Beckwith into your charge and safe keeping in that prison, there to remain until you shall have further order from us in that behalf, for which this shall be your warrant, dated at Whitehall this tenth of july 1623. Et haec est causa detentionis dicti Richard's Beckwith in prisona praedict. Qui committitur Marrescallo. Et postea isto Termino traditur in ballium, prout patet per scruet istius Termini.   

De Termino Sancti Mic. anno 14 jacobi Regis, Et per scruet ejusdem Rot. 147.  
Thomas Monson miles per Georgium Moor mil. locum tenent. Turris Domini Regis London, virtute brevis Domini Regis de habeas Corpus, ad subjiciendum, etc. ei inde directi coram Domino Rege apud Westmonasterium ductus cum causa, viz. quod ante adventum brevis praedicti Thomas Monson sibi commissus fuit per warrantum a diversis Dominis de privato Concilio Domini Regis sibi direct. Qui committitur Marescallo, & super hoc traditur in ballium prout patet per scruet finium istius Termini.   

De Termino Sancti Mic. anno 7, H. 7. per come rot. ejusdem.  
Thomas Brugg junior nuper de Yonington in comitatu Hereford, johannes Rawlings de Hominstre in comitatu praedict. Robertus Sherman recuss. nuper de eadem in comitatu praedict. Walber, Thomas Hosier nuper de eadem in eodem comitatu Smith. Cadwallader ap johan. dux nuper de Key in Marchia Wallie in comitatu Salop adjacend-generos. Reginaldus Sherman & Thomas Tanner nuper de Kingston in comitatu Hereford, sunt in custodia Marr. ad mandatum Domini Regis, ac pro aliis certis causis prout patet alibi de Recordo, etc. per Record. istius Termini, postea isto Termino Dominus Rex relaxavit mandatum suum, & pro recuss. praedict. comparuer. Attorn. etc. Et quod ulterius versus praefatum Thomam Brugg revocatur isto Termino & praedictus johannes Rawlings traditur in ballium prout patet alibi etc. Ideo hic Marr. de eyes omnibus per cur. exoneratur, etc.   

De Termino sancti Hillarii anno 7. H. 7. & per come. ro. ejusdem, rot. 13.  
Willielmus Chace, Henricus Charr, Thom. Rollester, Thomas Street, Robertus Feldace & Henricus Rand sunt in custodia Marr. ad mandatum Domini Regis etc. ac corpus praedict. Willielmus Chace pro pace Radnor joselyn inveniend. etc. Pasche sequen. pet. postea Termino sequen. praedict. Dominus Rex mandatum suum praedict. quo ad praedict. Will. Chace relaxavit, per Reg. Attorn. & pro pace & pro felony & murdr. traditur in ballium idem.   

De Termino Pasche 7. H. 7▪ & per come. ro. ejusdem rot. 18.  
johannes Wyddesbury in comitatu Staff. Arm. est in custodia Marr. ad mandatum Domini Regis etc. per Record. istius Termini postea scilicet Trin 7. H. 7 sequen. praedictus johannes Beamond demandat praedict. per cur. exonerat existit. Ideo Marr. de eo per eandem cur. exoneratur, etc.   

De Termino sancti Michaelis, anno 7. H. 7. rot. 8. London sci.  
Thomas Yow nuper de Villa de Staff. in comitatu Staff. yeoman per johan. Shaw & Richardum Haddon vicecom. Londini, virtute brevis Domini Regis de Habeas Corpus, ad sectam ipsius Regis eis inde direct. coram Rege duct. cum causa, viz. quod idem Thomas Yow attach. fuit per Richard. Whittington Sergeant apud Baynard's Castle civitate praedict. & prison. Domini Regis infra eandem civitatem praedictam salvo custodiendum, commissus pro suspicione feloniae apud Coventry in comitatu War. perpetrat. ad suggestionem Willielmum King Inhoulder, Ac in super idem Thomas Yow detinetur in prisona praedict. virtute cujusdam alterius quaerelae versus ipsum ad sectam johannis Freeman Sergeant de eo quod inveniat ei sufficient securitatem pacis in curia coram johannem Wynger nuper Vic. Ac ulterius idem Thom. Yow detentus est in prisona praedict. pro 14 l. debitum & 2 s. 8 d. Et etiam idem Thomas detinetur in eadem prisona ad mandatum Domini Regis, Qui committitur Marr. etc. Postea scilicet Termino sancti Trinitatis anno 19 Regis Henrici 7. praedictus johannes Freeman relaxavit securitatem pacis versus eundem Thomam Yow, dictusque Robertus Carvell recognovit se fore satisfact. de debitis. Ac johannes Hubbard General. Attorn. Domini Regis, nomine ipsius Regis relaxavit mandatum Domini Regis. Et pro suspicione feloniae praedict. traditur in ballium, Simon Little de London Taylor, et johannem Ash de London Skinner, usque octab. Michaelis ubicunque etc. ad quem diem comparuit, Et Robertus Throgmorton miles unius custod. pacis praedict. committitur warrant. retorn. quod nul. indicaverit de aliquibus feloniis sive transgressionibus versus praefatum Thomam Yow coram eo & sociis suis direct. per sacramentum 12 proborum & legalium hominum de visu de Coventrey praedict. de gestu & fama praedict. Thom. diligent. inquisitione fecerunt nihil de eo praeter bonum coram eo & sociis suis est compertum sed est de bono gestu & fama. Ideo concessum quod praedictus Thomas Yow eat sine die. 
Sine die.  etc.   

Anno 9 H. 7. et per scruet ejusdem Rot. 13.  
Humfridus Botche, nuper de Canterbrigg in comitatu Cantabrgiensis Scholar per Robertum Willoughby Dom. Brook, mil. Senescal. hospitii Domini Regis, ac johannem Digby, mil. marshal. cur. Maresc. hospitii praedict. virtute brevis Domini Regis de Habeas Corpus, ad sectam ipsius Regis ad standum recte etc. ad sectam pacis ut legatur eis inde direct. coram Rege duct cum causa, viz. Quod idem Humfridus Botche, commissus fuit gaol. Marrescalli hospitii praedict. per mandatum Domini Regis, Et haec est causa & non alia, quod idem Humfridus in prisona praedicta detinetur. Qui committitur & postea Pasche sequen. Dominus Rex relaxavit mandatum suum Capital. Justitiar. per Thomam Lovel mil. ostensus et pro ult. praed. tenetur praedict alibi etc. 
Marr. ball.    

De Termino sancti Trinitatis anno 39 Elizabethae Reginae & per com. ro. ejusdem 118. le Gatehouse.  
Lawrentius Broom per Hugonem Parlor custod. prisonae Dominae Reginae de le Gatehouse virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum ei inde direct. etc. coram Domina Regina apud Westm. duct. cum causa, viz. quod praedictus Lawrentius Broom in arcta custodia sua remansit per mandatum Dominorum de Concilio, Serenissimae Dominae Reginae pro certis causis eos moventibus, Qui committitur Marr. & postea isto eodem Termino traditus fuit in ballium prout patet per scruet finium istius Termini. 
Marr. Ball.    

Per scruet finium Termini praedicti anno 39 Eliz. Reginae. Essex.  
Lawrentius Broom de parva Bradowe in comitatu praedict. husbandman, 
Usque octab. Michaelis.  traditur in ballium ad subjiciendum, etc. per mandatum privati Concilii Dominae Reginae super habeas Corpus, Radulpho Mayall de Hatfield Penell praedict. Henr. Vndall de eadem gener. Willielmo Ecclesden de Westm. Bricklayer, Richardo Morgan, de Westm. Labourer, uterque pleg. sub poena 40 l. & sub poena 100 l. Marr. pro suspitione proditionis cum johanne Smith mil.   

De Termino sancti Michaelis anno 40 Elizabethae Reginae, et per com. ro. ejusdem rot. 37. Midd. sci.  
Thomas Wenden per Hugonem Parlor generos. custod. prisonae Dominae Reginae de le Gatehouse virtute brevis Dominae Reginae de habeas Corpus, ad subjiciendum, etc. ei inde direct. & coram Domina Regina apud Westm. duct. cum causa, viz. Quod 18. die Junii anno Regni Dominae Elizabethae nunc Reginae Angliae 38. Corpus infra nominati Tho. Wenden extra curiam ejusdem Dominae Reginae Angliae coram ipsa Dom. & Concilio suo in Camera stellata prisonae Dominae Reginae de le Gate-house, sub custodia sua pro certis causis eisdem Dominae Reginae, & concilio suo moventibus & ei ignotis, commissus fuit salvo custodiend. donec aliud inde habuerit praecept. Et haec est causa detentionis, praedict. Thomae in prisona praedict. 
Marr. ball.  Qui committitur Marr. etc. Et postea isto eodem Termino traditur in ballium, prout patet per scruet finium istius Termini.   

Per scruet finium de Termino sancti Michaelis anno 39 & 40. Elizabethae Reginae.  
Thom. Wenden de Aldham in comitatu Essex, 
Mar.  Yeoman traditur in ballium super habeas Corpus ad subjiciendum, & recipiendum.  
johannes Wenden de Colmewalke in comitatu praedict. yeoman, 
Usque octab. Hillar.  Will. Beriffe de Aldham, praedict. in comitatu praedict. gen. Radulpho Northen de Aldham in comitatu praedict. yeoman, quilibet praedict. sub poena 200. Marcis, & pars sub poena 200 l.  
Idem Thom Wenden traditus fuit in ballium per consens. Dominorum privati Concilii per Relationem Attorn. Dominae Reginae general. sub R. captain. sub Terminum post crastin. Martini.   

De Termino Hillarii anno Eliz. Reginae Rot. 89.  
Domina Regina mandavit praedilecto & fideli Conciliario suo johannem Popham mil. capital. Justic. Dominae Reginae ad placita coram ipsa Regina tenend. assignat. Ac dilectis & fidelibus suis johanni Clench Francisco Gawdy & Edwardo Fennor Justiciar▪ ipsius Dominae Reginae ad placita praedict. aut eorum alicui breve suum de privato Sigillo, manu sua propria quod sequitur in haec verba.  

By the Queen.  
Trusty and well-beloved, we greet you well. Whereas William Constable late of London Knight. Robert Vernon late of London Knight, Henry Lincey late of London Knight. Ellis jones late of London gent. Charles Ogle late of London gent. Robert Pitchfork late of London gent. john Wright late of London gent. Christopher Wright late of London gent. and Edmund Whitlocke late of London gentleman for the late treasonable attempt of the late Earl of Essex, have been committed to sundry places and prisons, for their offences committed, some in one sort, some in another, and stand amongst others indicted of high Treason for their several offences. Forasmuch as of our princely disposition we are graciously bend to extend our grace and favour unto them and that they shall be bailed. We will and command you or any of you, to bail the above named persons, or any of them to appear before us in our Court commonly called the King's Bench, at such time, and in such manner and form, as to you or any of you shall seem meet. And this shall be your sufficient warrant and discharge in that behalf.  
To our trusty and well-beloved Counsellor Sr john Popham Knight, Chief Justice of our Pleas to be holden before us.  
To our trusty and well-beloved john Clench, Francis Gawdy and Edward Fennor Justices of the same Pleas or any of them.    

De Vacation Hillarii anno 43. Eliz. Reginae. Gatehouse.  
Robertus Vernon nuper de London mil. Henricus Lincey nuper de London mil. & Carolus Ogle nuper de London generos. per Willielmum Okey, custod. prisonae de le Gatehouse virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum, etc. Ei inde direct. & coram Francisco Gawdy uno Justiciar. Dominae Reginae ad placita coram ipsa Regina tenend. assignat apud hospitium suum in Chancery lane London dust. cum causa, viz. Quod praedictus Robertus, Henricus & Carolus sibi commissi fuerint per mandatum privati Concilii Dominae Reginae pro quibusdam altis proditionibus per ipsos fieri suppositi. 
Marr. Ball.  Qui traduntur in ballium praetextu brevis, etc.   

De Vacation Hillarii 43. Eliz. Reginae Fleet, sci.  
Henricus Carew de London mil. per johannem Phillips Guardian de le Fleet, virtute brevis Dominae Reginae de habeas Corpus ad subjiciendum etc. Ei inde direct. & coram Francisco Gawdy uno Justiciar. Dominae Reginae de placita coram ipsa Regina tenend. assign. apud hospitium suum in Sergeant's Inn in Chancery lane London dust. cum causa, viz. qoud praedict. Henr. commissus fuit prison. praedict. 11 die Februarii anno 43 Reginae virtute cujusdam warranti diversorum praenobilium virorum de privato Concilio in haec verba.  
These shall be to require you to receive into your charge and custody from the hands of the Lord Major of London the person of Sr Henry Carew Knight, who was in the late action of traitorous Rebellion, and to keep him safely close prisoner until you shall receive order from us to the contrary. Qui traditur in ballium praetextu brevis, etc.   

De Termino sanctae Trinitatis primo jacobi Regis rot. 30.  
johannes Brocket mil. per Willielmum Okey, custod. prisonae de le Gatehouse in Westm. in comitatu praedict. virtute brevis Domini Regis de habeas Corpus ad subjiciendum, etc. Ei inde direct & coram Domino Rege apud Westm. dust. cum causa, viz. Quod ante adventum brevis praedict. scilicet, ultimo die Martii anno Regni Domini Regis primo praedict. johannes Brocket mil. praefat. custod. de le Gatehouse commissus fuit per warrantum privati Concilii Domini Regis cujus tenor sequitur in haec verba.  
To Will. Okey keeper of the prison of the Gatehouse in Westminster.  
These are to will and require you to receive into your charge and custody the person of john Brocket Knight, and him to detain in safe keeping under your charge until you shall have further order for his enlargement, whose commitment being for some special matter concerning the service of our Sovereign Lord the King, you may not fail to regard this our warrant accordingly.  
From the King's Palace at Whitehall the last of March, 1605.  
Eaque fuit causa detentionis praedict. 
Marr. Ball.  johannis in prisona praedict. quia committitur Marr. etc. Et postea traditus fuit in ballium prout patet per scruet finium istius Termini.   

De Termino sancti Michaelis anno 12 jacobi Regis Rot. 119. prison de le Gatehouse. sci.  
Milo Raynor per Aquilam Wykes custod. prisonae praedict. virtute brevis Domini Regis de habeas Corpus ad subjiciendum etc. coram Domino Rege dust. cum causa, viz. Quod ante adventum brevis praedict. scilicet decimo die Junii anno Domini 1613. predict Milo Raynor commissus fuit prisonae praedict. & huc usque detent, virtute warranti cujusdam sibi facti & direct. per Georgium Archiepiscopum Cantuariensis, Henr. comitem Northampton Thom. comitem Suff. Will. Dominum Knollis Edwardum Dominum Wotton & Richardum Dominum Stanhope, cujus warranti tenor sequitur in haec verba.  
To Aquila Wykes keeper of the Gatehouse in Westminster, or his deputy.  
Whereas it is thought meet, that Miles Raynor and Richard Beckwith be restrained of their Liberty and committed to the prison of the Gatehouse, These shall be to will and require you to receive the persons of the said Raynor and Beckwith into your charge and safe keeping in that prison, there to remain until you have further order in that behalf, for which this shall be your sufficient warrant.  
Dated at Whitehall the tenth of july 1613.  
Et haec est causa detentionis suae in prisona praedict. Qui committitur Marrescallo. 
Marr. Ball.  Et postea isto eodem Termino traditur in ballium, prout patet per scruet istius Termini.   

De Termino sancti Hillarii anno 4 et 5 H. 7. & per scruet ejusdem Rot. 18. de praedict.  
Richardus Everard nuper de Colchester in comitatu Essex. Clericus, & Robertus White nuper de Norwic. Smith, per Robertum Willoughby mil. Dominum de Brook Senescal. hospitii praedict. virtute brevis Domini Regis de habeas Corpus ad sectam ipsius Regis pro quibusdam proditionibus & feloniis unde in dicto comitatu Essex. indictati sunt, ei inde direct. coram Domino Rege dust. cum causa, viz. Quod iidem Richardus Everard & Richardus White, commissi fuerint in custodia Marr. praedict. per mandatum Domini Regis. 
Marr.  Qui committitur Marr. etc.   

De Termino sancti Hillarii anno 8. H. 7 & per scruet ejusdem Rot 12. Mort. est in prisona prout per certificationem Coron. intr. Pasche 10. H. 7. affilat. Surr.  
Christopherus Burton nuper de Rochester in comitatu Kant. hackneyman, per Robertum Willoughby Dominum Brook, militem Senescallum hospitii Domini Regis, ad johan. Digby mil. Marresc. cur. Marresc. hospitii praedict. virtute brevis Domini Regis de habeas Corpus ad sectam ipsius Regis, ad subjiciend. etc. eye inde direct. coram Domino Rege dust. cum causa, viz. Idem Christopherus commissus fuit gaol. Marresc. hospitii praedict● per mandatum Domini Regis, et haec de causa & non alia, Qui committitur Marresc. 
Marr.  Ac super quendam abjurationem infra civitatem Rottenson. facta isto Termino certificat ad salvo custodiend. sub poena 100 l. etc.   

De Termino Pasche anno 19 H. 7. & per scruet ejusdem, rot. 23. London sci.  
Georgius Urswick de London Mercer, per Oliverum Wood, locum tenent. prisonae Domini Regis de le Fleet virtute brevis Domini Regis de habeas Corpus ad sectam ipsius Regis ad conservand. etc. ei inde direct. coram Rege dust. cum causa, viz. Quod idem Georgius Urswick tertio decimo die Maii anno 19 Regis commissus fuit prison. de le Fleet praedict. per mandatum Domini Regis salvo custodiend. sub poena 10 l. Qui committitur Marr. etc. 
Marr.    

De Termino sanctae Trinitatis anno 7. H. 8. & per scruet ejusdem rot. 23. Surr.  
Edwardus Page nuper de London generosus per Georgium comitem Salopp. Senescallum hospitii Domini Regis, & Henr. Sharnburr Marr. cur. Marr. hospitii praedict. virtute brevis Domini Regis ad conservand. diem, &c, eye direct & coram Rege dust. cum causa, viz. Quod idem Edwardus captus & detentus fuit in prisona Marr. praedict. per mandatum Domini Regis ibid. salvo custodiend. etc. 
Marr.  Qui committitur Marr. hospitii Domini Regis.   

De Termino sancti Michaelis anno 8 jacobi Regis & per Scr. ejusdem rot. 99  
Thomas Cesar per Thomam Vavasor mil. Marr. Marresc hospitii Domini Regis, ac Marr & Marresc. hospitii virtute brevis Domini Regis de habeas Corpus ad subjiciendum, ei direct. & coram Domino Rege apud Westm. duct. cum causa, viz. Quod ante adventum brevis praedict. scilicet, decimo octavo die Julii anno Regni dict. Domini Regis nunc Angliae etc. septimo Tho. Cesar in breve praed. nominatus captus fuit apud Whitehall in comitatu Midd. per speciale mandatum Domini Regis & per eundem Dominum Regem ad tunc & ibidem salvo custodiend. quousque etc. Et ea fuit causa captionis & detentionis ejusdem Thom Cesar. 
Remitt.  Qui remittitur prison praedict.   

De Termino sancti Michaelis, anno 8 jacobi Regis die Martis proxime post quindena Martini.  
Nisi predict Senescall. & Marr. hospitii Dom. Regis sufficienter return. breve de habeas Corpus Thom. Cesar, die Martis proxime post quindena Martini defend exonerabitur per curiam.   

De Termino sancti Hillarii anno Regni jacobi Regis 12. rot. 153.  
jacobus Demetrius, Edwardus Emerson, Georgius Brookshaw & Will. Stephens, per Thomam Vavasor mil. Marr. Maresc. hospitii Domini Regis virtute brevis de habeas Corpus ad subjiciendum & recipiendum, etc. ei inde direct. & coram Domino Rege apud Westmonast. dust. cum causa, viz. Quod ante adventum brevis praedict. scilicet. 22. die Januarii anno Regni Domini nostri jacobi Dei gratia Angliae Franciae, & Hiberniae &c. 12 & Scotiae 48. praedictus jacobus Demetrius Edwardus Emerson, Georgius Brookshaw & Willielmus Stephens in breve huic Schedul. annex. nominati fuerunt Commiss. Gaol. Marresc. hospitii Domini Regis pro causis ipsum Regem & servitium suum tangentibus & concernentibus. Et haec est causa captionis praedict. jac. Emerson, Georg. & Will. & postea immediate remittitur praefat. Marr. hospitii praedict. 
Remittitur.    

De Termino sancti Hillarii anno 12 jacobi Regis.  
Samuel Saltonstall per johannem Wilkenson Ar. Guardian. prison. de le Fleet, virtute brevis Domini Regis de habeas Corpus ad subjiciendum, etc. ei inde direct. & coram Domino Rege apud Westm. dust. cum causa, viz. Quod idem Samuel commissus fuit prisonae praedict. virtute warrati à Dominis de Privato Concilio Domini Regis undecimo die Martii 1608. & quod detentus fuit etiam idem Samuel in prisona praedict. virtute cujusdam ordinis in curia Canc. Domini Regis fact. cujus ordinis tenor patet per rot. record. istius Termini. Ad quem diem praedict. Samuel remittitur prisonae praedict. et secund. dies proxim. post Term. dat. est praefat. gardiano prisonae praedict. ad emend. return. suum sufficient. super breve praedict. de habeas Corpus & return. quod praedict. Samuel commissus fuit prisonae praedict. undecimo die Martii 1608. per warrant. a Dominis de Privato Concilio dict. Domini Regis apud Whitehall tunc seden. Et quod postea undecimo die Februarii anno 1610. commissus fuit extra cur. Concil. Domini Regis apud Westm. pro contemptu suo, & quoth tent. fuit etiam idem Sam. in prisona praedict. per mandatum Dom. Concilii. iterum remittitur prisonae praedict. & ulterius dies dat. est praefat. Guardian. ad emend. return. suum super habeas Corpas, versus defend. prout stare voluer. usque diem Jovis proxim. post mensem Pasche tunc ad habendum corpus, etc. Ad quem diem praefat. Guardian. habuit corpus hic in curia, & return. super habeas Corpus quod praedict. Samuel commissus fuit prisonae praedict. 11 Martii anno 1608. virtute cujusdam warranti a Dominis de privato Concilio Domini Regis tunc seden. apud Whitehall. Et quod etiam commissus fuit idem Samuel prisonae praedict. 11 die Februarii anno 8 jacobi Regis per cur. Canc. dict. Domini Regis apud Westm. tunc existen. pro quodam contemptu per eundem Samuel in cur. praedict. illat. & perpetrat. ibidem proinde salvo custodiend. 
Remittitur.  Qui remittitur prisonae praedict.   

De Termino sanctae Trinitatis anno 8 jacobi Regis & per scr. ejusdem rot. 71.  
Samuel Saltonstal mil. per johannem Wilkinson Ar. Guardian. prison. de le Fleet, virtute brevis Domini Regis de habeas Corpus ad subjiciendum recipiendum, etc. ei inde direct. & coram Domino Rege apud Westm. dust. cum causa, viz. Quod praedictus Samuel Saltonstall commissus fuit prisonae praedict. 11 die Martii anno Domini 1608. anno Regni Domini jacobi Regis Angliae 6. virtute cujusdam war. a Dominis de Privato Concilio dict. Domini Regis tunc seden. apud Whitehall commissus fuit etiam idem Samuel Saltonstall. mil. prisonae praedict. 12. die Februarii anno 1610. & anno Regni Domini jac. nunc Regis Angliae etc. 8 per considerationem cur. Canc. dict. Domini Regis apud Westm. pro contemptu eidem Cur. ad tunc per praedict. Samuel illat. ibidem prout inde salvo custodiend. Et haec sunt causae captionis & detentionis praedict cujusdam tamen Corpus ad diem & locum infra content. 
Remittitur.  parat. habeo prout mihi praecipitur.    

Sr Edward Coke.  
REsolved upon question, that no Freeman ought to be committed or detained in prison or otherwise restrained by the command of the King, or the Privy Council, or any other unless some cause of the commitment, detainer, or restraint be expressed, for which by Law he ought to be committed, detained, or restrained.  
That the Writ of Habeas Corpus may not be denied but aught to be granted to every Freeman that is committed, or detained in prison or otherwise restrained, though it be by Command of the King, the Privy Counsel, or any other he praying the same.  
That if a Freeman be committed or detained in prison, or otherwise restrained by the Command of the King, or the Privy Counsel, or any other, no cause of such commitment, detainer or restraint being expressed, for which by Law he ought to be committed detained or restrained, and the same returned upon a Habeas Corpus granted for the same party, that then he ought to be delivered or bailed. All this without one negative.  
That these Acts of Parliament and these judicial Precedents in affirmance thereof recited by Colleagues are but declarations of the fundamental Laws of this Realm, I shall prove by manifest reasons, legal reasons which are the grounds and Mothers of all Laws.  

First general reason. The first general reason is drawn à re ipsa from imprisonment, ex visceribus causae, be it close or other imprisonment, which is divided into three parts, 

First, No man can be imprisoned at the will and pleasure of any, but he that is bond, 
Vide the writ de ●ativo habendo.  and a villain, for that imprisonment at will Et Tailor lug haut et base are propria quarto modo to villains.  
Second, 
7. E. 3. fo. 50. in the new print and 348 in the old. 33 E. 3. tit. Dom. 253. infant inpris. Fitz. Herbert faeit ●● note de Ceo.  But if Freemen of England might be imprisoned at the will and pleasure of the King, by his Command, than were they in worse case than bondmen and villains, for the Lord of a villain cannot command another to imprison his villain without cause, as of disobedience or refusing to serve as is agreed in our books.  

Third, Imprisonment is accounted in Law civil death, perdit domum familiam vicinos patriam, his house, his family, his wife, his children, his neighbours, his country, and to live among wretched and wicked men.  

39 H. 1.65. etc.  If a man be threatened to be killed, he may avoid a Feoffment of lands gifts of goods &c. so it is if he be threatened to be imprisoned he should do the like, for that it is civil death.     
Second general reason. The second general reason is à minore ad majus minima poena corporalis est major qualibet pecuniaria But the King himself cannot impose a fine upon any man but it must be done judicially by his Judges, 
Bracton fol. 105. it is called duritiae imprisonment.  per justiciarios in Curia, non per Regem in Camera, and so it hath been resolved by all the Judges of England. 
2 R. 3.11.   
Third general reason. The third general reason is drawn from the number and diversity of remedies which the Law giveth against imprisonment. viz. breve de homine replegiando, de odio & acia de habeas Corpus an appeal of imprisonment, & breve de manucaptione. The latter two of these are antiquated, but the writ de odio & acia is revived, for that was given by the statute of Magna Charta, ca 26. and therefore though it were repealed by the statute of 28. E. 3. yet it is revived 42. E. 3. ca 1. by which it is provided that all statutes made against Magna Charta are void. 
Vide W. 2. ca 29.  Now the law would never have given so many remedies if the Freemen of England might be imprisoned at free will and pleasure.  
Fourth general reason. The fourth general reason is drawn from the extent and universality of the pretended power to imprison, for it should extend not only to the Commons of the Realm and their posterity, but also to the Nobles, and their honourable Progenies, to the Bishops and Clergy and their successors: to all persons of what condition, or sex, or age soever, to all Judges Officers, etc. whose attendance are necessary, etc. without exception of any person.  
Fifth general reason. The fifth is drawn from the indefinitnesse of time, the pretended power being limited to no time may be perpetual during life.  
Sixth general reason. The sixth à damno & dedecore from the loss and dishonour of the English Nation in 2 respects. 

First for their valour and prowess so famous through the whole world.  
Secondly, for their industry, for who endeavours to apply himself in any profession either of war, liberal science, or merchandise, etc. if he be but Tenant at will of his Liberty. And no Tenant at will, will support or improve any thing because he hath no certain estate. And thus it should be both dedecus and damnum to the English Nation, and it should be no honour to the King to be King of slaves.    
Seventh general reason. The seventh is drawn ab utili & inutili for that it appeareth by the statute of 36. E. 3. That the execution of the statute of Magna Charta 5. E. 3.25. E. 3. are adjudged in Parliament to be for the profit of the King and of his people. 
Rot. Parl. 36. E. 3. num. 9 & 20.  And therefore this pretended power being against the profit of the King and of his people can be no more part of this prerogative.  
Eighth general reason. The eighth general reason is drawn à tuto for it is safe for the King to express the cause of the commitment, 
1. E. 2. the frang. prison. stat. unt. pasche 18. E. 3. rot. 33. coram Rege Bildestons case, rot. Parl. 28 H. 6. nu. 16. Acts Apost. cap. 25. v. the last.  and dangerous for him to omit it, for if any be committed without expressing the cause, though he escape albeit the truth be it were for treason or felony, yet the escape is neither felony nor treason. But if the cause be expressed to be for suspicion of treason or felony then the escape albeit he be innocent is treason or felony.  
Ninth general reason. The ninth general reason is drawn from the authorities 16. H. 6. tit. Monstrans defaits, 182. by the whole Court, the King in his presence cannot command one to be arrested, but an action of false imprisonment lieth against him that arresteth, 22. H. 6.46. Newton 1. H. 7.4. the opinion of Markham Chief Justice to E 4. and the reason because the party hath no remedy.   
Fortescue cap. 18. proprio ore nullus Regum usus est etc. to commit any man, etc. 4. Eliz. Ploughed▪ Com. 236. the common Common Law hath so admeasured the King's prerogative as he cannot prejudice any man in his inheritance, and the greatest inheritance a man hath, is the Liberty of his person for all other are necessary to it. Major haereditas venit unicuique nostrum à jure & legibus quam à parentibus 25. E. 1. ca 2. Confirm. Cart. all judgements given against Magna Charta are void.  

Objections.  
Upon Conference with the Lords the objections were made by the King's Attorney.  
First object. That these resolutions of the House were incompatible with a Monarchy that must govern by the state.  
Bracton Answ. Whereunto it was answered, that nihiltam proprium est imperii, quam legibus vivere. And again, Attribuat Rex legi, quodlex attribuat, etc. viz. dominationem & imperium quia sine lege non potest esse Rex. It can be no more prejudice to the King by reason of matter of state, for if it be for suspicion of treason misprision of treason or felony, it may be by general words expressed, viz. pro suspitione proditionis.  
2 object. To blind those that are committed, one cause must be pretended and another intended, especially when it toucheth matter of state.  
Answ. Whereunto it was answered that all dissimulation especially in the course of Justice was to be avoided, and soundness of truth to take place, and therefore David that was both a King and 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 sound in the original signifieth upright without dissimulation, and shame followeth dissimulation, when the truth is known.  
Third object. If a Rebel be attainted in Ireland, and his children for safety 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 apparel 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 ratio.  
Fifth object. First, The King in stead of gold or silver may make money currant of any base metal.  
Secondly, He may make wars 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 privileges than this in question.  
Answ. To the first it is denied, 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 it, his loss and charge was more than of his Subjects, both in the case of money and in the case of war. The pardon was private out of grace, and no man had damage or loss by it, & so of the making of denizens, the King was only the loser viz. to have single custom 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 confirmed and commanded to be put in execution, wherein the Kings of England have thirty times given their Royal assent.  
Secondly, Judicial Precedents per vividas rationes manifest and apparent reasons, we in the house of Commons have upon great study 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 fundamental Liberty both of your Lordships & of ourselves from shadows 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 commune requirit 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 fundamental 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 justice Hid,  
Let it be read.  
Mr. 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 john Henningham with whom I am of Council; 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 itself, to satisfy your Lordship that these Prisoners may and as their case is, aught 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 legal form thereof; the exceptions that I take to the matter is in several respects.  
That the return is too general, there is no sufficient cause shown in special or in general 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 Council 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 shown, 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 general and uncertain, for that it is not manifest what kind of command this was.  
Touching the Legal form of the return, it is not as it ought to be fully and positively the return of the Keeper himself only, 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 Council, not of the King himself, and that is not good in legal 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 only 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 only 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 fare 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 shown in general, that it may appear to the Judges of the Court, and it must be expressed so fare as that it may appear to be none of those causes for which by the Law of the Kingdom 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 Council, 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 birthright 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 only; and so the writ is satisfied by the return, for though it show no cause of the first commitment, but of detaining only, 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 find it insufficient, he is to be enlarged.  
This is the end of this writ, and this cannot appear to your Lordship, unless the time of the first commitment be expressed in the return. I know that in some cases the time is not material, as when the cause of the commitment is (and that so especially) returned, as that the time is not material, it is enough to show the cause without the time, as after a conviction or trial had by Law; But when it is in this manner, that the time is the matter itself: for intent 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 trial and conviction had by Law, it is but an accusation, and he that is only 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, than his imprisonment shall not continue on for a time, but for ever: and the Subjects of this Kingdom 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, than it goeth to a perpetual imprisonment of the subject: for in all those causes which may concern the King's 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 betid 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 Council, there is a time indeed expressed for the continuing of him in prison, and that appears; but if this shall be a good cause to remand these Gentlemen to prison, they may lie there this seven years longer, and seven years after them, nay all the days 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 man's 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 intent 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 King's 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 Sheriff to deliver them if they were bailable, but the Case is above the Sheriff, 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, etc. 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 perpetual 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 bailable 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 special writ; But my 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 special Case, as is shown in Brooks 9 th'. Reports, Poulters 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 perpetual imprisonment, for they were very careful 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 show you precedents in these cases of a commitment by the Privy Council, or by the King himself: But before I offer these precedents unto your Lordship, of which there be many, I shall by your Lordship's 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 special command often in our Books, as in the statute of Marlborough cap. 8. they were imprisoned Rediss. shall not be delivered without the special command of our Lord the King, and so in Bracton. De Actionibus, the last chapter, where it appears that the King's commandment for imprisonments is by special 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 special writ to deliver parties; so that by this appears that by the King's 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 special Mandatum, it may be understood to be under some of the King's Seals, 42 Ass. and aught to be delivered, and will you make a difference between the King's command under his seal, and his command by word of mouth; what difference there is, I leave it to your Lordship's judgement, but if there be any, it is the more material that it should be expressed what manner of command it was, which doth not here appear; and therefore it may be the King's 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, than the other, doubtless, 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 legal form, admitting there were substances in the return, yet there wants legal 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 binds the prisoners.  
The warrant of the Lords was but a direction for him, he might have made his return to have been expressly by the King's commandment, there was a warrant for it, I shall not need to put your cases of it, for it is not enough that he returns that he was certified that the commitment was by the King's command, but he must of himself return this fact as it was done. And now my Lord I shall offer to your Lordship precedents of divers kinds, upon commitments by the Lords of the Privy Council, upon commitments by the special 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 precedents, but upon the fundamental Laws and Statutes of this Realm, and though the precedents look the one way or the other, they are to be brought back unto the Laws by which the Kingdom is governed. In the first of Henry the eighth, Rot. Parl. one Harison was committed to the marshalsea 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 Council, and being removed by an Habeas Corpus upon the general return, and he was bailed.  
In 8 jacobi, one Caesar was committed by the King's 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 precedents concerning the commitment by the Lords of the Council, are in effect the same with these, where the commitment is, by the reason why the cause of the commitment should not be shown, 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 Council, to be both as one, and to this purpose, if they speak, he speaks, and if he speaks, they speak.  
The precedents that we can show you how the Subject hath been delivered upon commitment by the Lords of the Council, as in the time of Henry the eight, as in the times of Queen Elizabeth, Queen Marry, are infinite: as in the ninth of Elizabeth, Thomas Laurence was committed to the Tower by the Lords of the Council, and bailed upon an Habeas Corpus.  
In the 43 of Elizabeth, calvin's 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 precedents that might be shown to your Lordship. In 12 jacobi, M●les Renards. In 12 jacobi, Rot. 155. Richard Beckwiths case. In 4 jacobi, Sir Thomas Monson was committed for treason to the Tower 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 precedents do warrant our proceed, my humble suit unto this Court is, that the Gentleman Sir john 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 administered at all times in general to all his Subjects, and particularly to these Gentlemen which is their birthright: My humble suit to your Lordship is, that these Gentlemen may have the benefit of that Law, and be delivered from their imprisonment.   

The Argument of Master Noye upon the Habeas corpus.  
May it please your Lordship, I am of Council with Sir Walter Earl, one of the prisoners at the Bar; the return of this writ is as those that have been before, they are much of one tenor, and as you have heard the tenor of that, so this Gentleman coming hither by an Habeas Corpus, I will by your Lordship's favour read the writ.  
Carolus Dei Gratia &, johanni Lylo Milit Guardian Prison nostrae de le Fleet Salut Praecipimus tibi quod corpus Walteri Earl Milit in prison nostra sub custodia tua detent ut dicit una cum causa detentionis suae quocunque nomine predict Walter censeat in eadem Habeas Corpus ad subjiciendum & recipiendum ea quae curia nostra de eo ad tunc & ibidem ordin conting in hac parte & haec nallatenus omit periculo incumbent & habeas tibi hoc breve, Test Hyde, apud Westminster quarto die Novembris, Anno 8.  
Executio istius brevis patet in quadam schedula huic brevi annexat.  
Respons. Johan Liloe Guardian Prison de le Fleet.  
Ego johannes Lyloe Mil Guardian Prison domini Regis de le Fleet, Serenissimo Domino Regi, apud Westminster 8. Post receptionem hujus brevis quod in hac schedula est mentionat', Certifico quod Walter Earl miles, in eodem brevium nominat detentus est in prisona de le Fleet sub custodia mea predict per speciale mandatum domini Regis mihi significatum per Warrantum duorum & aliorum de Privato Concilio per Honorabilissimi dicti Domini Regis, cujus quidem tenor sequitur in haec verba.  
Whereas Sir Walter Earl Knight, was heretofore committed to your custody, these are to will and require you still to detain him, letting you know, that both his first commitment, and this direction for the continuance of him in prison, were and are by his Majesty's special commandment, from White Hall, 7 Novembris. 1627.  


Thomas Coventree C. S.  
Henry Manchester.  
Thomas Suffolk.  
Bridgewater.  
Kellie.  
R. Duneln '.  
Thomas Edmunds.  
john Cook.  
Marlborough.  
Pembroke.  
Salisbury.  
Totnes.  
Grandisson.  
Guliel Bath and Wells.  
Robert Nanton.  
Richard Weston.  
Humphrey Mayes.    
To the Guardian of the Fleet or his Deputy.  
Et haec est causa detentionis predict Walteri Earl sub custodia mea in Prison praedict. Attamen corpus ejusdem Walteri coram Domino Rege ad diem & locum praedictum, post receptionem brevis predict pa rat habeo prout istud breve in se exiget & requiret.  
Respon Johan Liloe milit Guardian Prison de le Fleet.  
My Lord, the first Habeas corpus bears date the 4 of November, then there is an Alias habeas bears Teste after that, and the tenor thereof is a command to the Warden of the Fleet, quod habeas corpus Walteri Earl coram nobis ad subjiciendum & recipiendum ea quae curia nostra de eo etc. ordin conting. And the Warden of the Fleet he certifies as your Lordship have heard; May it please your Lordship, I desire as before was desired for the other Gentlemen, that Sir Walter Earl may be also bailed, if there be no other cause of his imprisonment; for if there were a cause certified, and that cause were not sufficient to detain him still in prison, your Lordship would bail him, and if a man should be in worse case, when there is no cause certified at all, that was very hard.  
The writ is, that he should bring the prisoner coram nobis before the King, the end of that is ad subjiciendum & recipiendum; now I conceive that though there be a signification of the King's pleasure to have this Gentleman imprisoned, yet when the King grants this writ to bring the prisoner hither, ad subjictendum & recipiendum, his pleasure likewise is to have the prisoner let go, if by Law he be not chargeable, or otherwise to detain him still in prison, if the case so require it.  
I will put your Lordship in mind of a case, and it was Pasch. 9 Ed. 3. M. 3. I will cite by the placita, because my Book is not paged as other Books are, it is in the case of a Cessavit.  
In that case there were two things considerable, the one that there was a signification of the King's pleasure past, and that determined with him: the other, that though there was a signification of the King's pleasure, before which was, yet there comes after that a writ, and that was another signification of the King's pleasure, that the prisoner should be brought hither ad subjiciendum, to submit himself to punishment, if he have deserved it, or ad recipiendum, to receive his enlargement and be delivered, if there be no cause of his imprisonmet.  
And if upon an Habeas corpus a cause of commitment be certified, that cause is to be tried here before your Lordship. But if no cause be shown, than the proceed must be ut curia nostra ad mar contigerit, the Court must do that which stands with Law and Justice, and that is to deliver him.  
My Lord, I shall be bold to move one word more touching this return: I conceive that every Officer to a Court of Justice must make his return of his own act, or of the act of another, and not what he is certified of by another.  
But in this case the Warden of the Fleet doth not certify himself, of himself, that this Gentleman was commanded to him by the King, but that he was certified by the Lords of the Council, that it was the King's pleasure that he should detain him. But in our case the Warden of the Fleet must certify the immediate cause, and not the cause of the cause, as it doth by this return, Detentus est sub custodia mea per speciale mandatum Domini Regis mihi significatum per Warrantum duorum de Privato Concilio; that is not the use in Law, but he ought to return the primary cause, and not the subsequent cause, as in 32 Edw. 3. return, Rex vicecom 87. in a writ De homine replegiando, against an Abbot, the Sheriff returns, that he hath sent to the Bailiff of the Abbot, and he answered him that the party was the Abbot's villain, and so he cannot deliver him, that is held an insufficient return, and a new Alias was granted, but if the Sheriff had returned, that the Abbot did certify him so, it had been good, but he must not return what is certified him by another.  
In one of the precedents that hath been noted, as that of Parker, 22 Hen. 8. there the Guardian of the prison certifies that Parker detentus est sub custodia mea per mandatum Domini Regis mihi nunciatum per Robertum Peck; now our case is by the Nunciation of many, but in Law majus & minus non variant in spetione, the certification of one and of many is of the same effect, although in moral understanding there may be a difference.  
Trin. 2. Ed. 3. Rot. 46. in this Court in 21 Ed. 3. in the printed Book there is a piece of it: The Abbot of Burey brings a prohibition out of this Court, the Bishop of Norwich pleadeth in Bar of that Quod mihi testificatum, quod continetur in Archivis, that he is excommunicated; there were two exceptions taken to this case in this precedent, and they are both in one case, the first was, that no case appeareth, why he was excommunicated: there may be causes why he should be excommunicated, and then he should be barred, and there may be causes why the excommunication should not bar him: for it may be the excommunication was for bringing the action, which was the King's writ, and therefore because there was no cause of the excommunication returned, it was ruled that it was not good. The other reason is that upon the Roll, which is mihi testificatum.  
Now every man when he will make a certificate to the Court, Proprium factum suum non alterius significare debet, he must inform the Court of the immediate act done, and not that such things are told him, or that such things are signified unto him, but that was not done in this case, and therefore it was held insufficient: and so in this case of ours, I conceive the return is insufficient in the form, there is another cause my Lord, for which I conceive this return is not good.  
But first I will be bold to inform your Lordship touching the Statute of Magna Charta 29. Nullus liber homo capiatur vel imprisonetur etc. neo super eum mittimus nisi per legale judicium parium suorum vel per legem terrae.  
That in this Statute these words in Carcerem are omitted out of the printed Books: for it should be nec eum in Carcerem mittimus. For these words per legem terrae; what Lex terrae should be, I will not take upon me to expound, otherwise than I find them to be expounded by Acts of Parliament; and this is that they are understood to be the process of the Law, sometimes by writ, sometimes by attachment of the person: but whether speciale mandatum Domini Regis be intended by that or no, I leave it to your Lordship's exposition upon two petitions of the Commons, and answer of the King, in 36 Ed. 3. nᵒ 9 and nᵒ 20.  
In the first of them the Commons complain that the great Charter, the Charter of the Forest, and other Statutes were broken, and they desire that for the good of himself and of his people, they might be kept and put in execution, and that they might not be infringed by making an arrest by special command or otherwise: and the answer was, that the assent of the Lords established and ordained, that the said Charter and other Statutes should be put in execution according to the petitition, and that is without any disturbance by arrest by special command or otherwise, for it was granted, as it was petitioned.  
In the same year, for they were very careful of this matter, and it was necessary it should be so, for it was then an usual thing to take men by writs quibusdam de causis, and many of these words caused many Acts of Parliament: and it may be some of these writs may be shown, and I say in the same year they complained that men were imprisoned by special command, and without indictment or other legal course of Law, and they desired that thing may not be done upon men by special command against the great Charter.  
The King makes answer that he is well pleased therewith: that was the first answer; and for the future he hath added farther, if any man be grieved let him complain, and right shall be done unto him. This my Lord is an explanation of the great Charter, as also the Statute of 37 Ed. 3. ch, 18. is a commentary upon it, that men should not be committed upon suggestion made to the King, without due proofs of Law against them, and so it is enacted twice in one year.  
We find more printed Books, as in Henry the sixth, Minus de facts, Fitz. 182. which is a strong case: under favour in an action of Trespass for cutting down trees: the defendant saith, that the place where the trees are cut, is parcel of the Manor of B, whereof the King is seized in fee, and that the King did command him to cut them: and the opinion of the Court was, that this was no good plea, without showing the specialty of the command, and they said, if the King command me to arrest a man, and I arrest him, he shall have an action of false imprisonment against me, altough it were done in the King's presence.  
In 1 joh. cap. 7. fol. 46. it is in print, and there we leave it.  
Hussey Chief Justice saith, that Sir john Markham told King Edward the fourth, that he could not arrest a man upon suspicion of felony or treason, as any of his Subjects might, because if he should wrong a man by such arrest, the parties could have no remedy against him, if any man shall stand upon it; here is a signification of the King's pleasure, nor to have the cause of the commitment examined, he hath here another signification of his pleasure by writ, whereby the party is brought hither ad subjiciendum & recipiendum, that he hath made your Lordship Judge of that, that should be objected against this Gentleman, and either to punish him, or to deliver him, and if here be no cause shown, it is to be intended that the party is to be delivered, and that it is the King's pleasure it should be so, and the writ is a sufficient warrant for the doing of it, there being no cause shown of the imprisonment; and now my Lord I will speak a word to the writ of de homine replegiando, and no other writ, for that was the common writ, and the four causes expressed in that Statue, to wit, the death of a man, the command of the King or his Justices, or Forest, were excepted in that writ before that Statute made, as appears Bracton 133. so that the writ was at the Common Law before that Statute.  
And it appears by our Books, that if a man be brought hither by an Habeas corpus, though he were imprisoned De morte hominis, as in the 21 of Edward the fourth 7. Winkfield was bailed here, this Court bailed him, for he was brought hither ad subjiciendum & recipiendum, and not to lie in prison God knows how long; and if the Statute should be expounded otherwise, there were no bailing men outlawed or breakers of prisons, for they are not within this Statute, and yet this Court doth it at pleasure.  
But plainly by the Statute itself, it appears that it meant only to the common writ, for the preamble recites, that the Sheriffs and other, have taken and kept in prison persons detected of felony, and let out to plevin such as were not reprisable to grieve the one party, and to the gain of the other; and forasmuch as before this time it was not determined what prisoners were reprisable, which not, but only in certain cases were expressed, therefore it is ordained, etc.  
Now this is no more but for direction of the keepers of the prisons, for it leaves the matter to the discretion of the Judges, whether bailable or no, not of the Judges, for when the Statute hath declared who are repleviable, who are not, as men outlawed have abjured the Realm: Proves such as be taken in the manner, breakers of prisons, burners of houses, makers of false money, counterfeiting of the King's Seal, and the like, it is then ordained, that if the Sheriff or any other, let any go at large by surety, that is not reprisable, if he be Sheriff, Constable, or any other that hath the keeping of prisons, and thereof be attainted, he shall lose his office and fee for ever, so that it extends to the common Gaolers and keepers of prisons, to direct them in what cases they shall let men to bail, and in what cases not: and that they shall not be Judges to whom to let to replevin, and whom to keep in prison, but it extends not to the Judges, for if the makers of the Statute had meant them in it, they should have put a pain upon them also.  
So then, I conclude upon these under your Lordship's favour, that as this case is, there should have been a cause of the commitment expressed, for these Gentlemen are brought hither by writ ad subjiciendum, if they be charged, and ad recipiendum, if they be not charged, and therefore in regard there is no charge against them whereupon they should be detained in prison any longer; we desire that they may be bailed or discharged by your Lordship.   

The Argument of Master Selden upon the Habeas corpus.  
My Lords, I am of Council with Sir Edmond Hampden, his case is the same with the other two Gentlemen, I cannot hope to say much after that that hath been said, yet if it shall please your Lordship, I shall remember you of so much as is befallen my lot: Sir Edmond Hampden is brought hither by a writ of Habeas corpus, and the keeper of the Gatehouse hath returned upon the writ, that Sir Edmond Hampden is detained in prison per speciale mandatum Domini Regis, mihi significatum per Warrantum duorum Privati Concilii dicti domini Regis, and then he recites the warrants of the Lords of the Council, which is, that they do will and require him to detain this Gentleman still in prison, letting him know that his first imprisonment, etc.  
May it please your Lordship, I shall humbly move you that this Gentleman may also be bailed, for under favour my Lord, there is no cause in the return, why he should be any farther imprisoned and restrained of his liberty.  
My Lord, I shall say something to the form of the writ, and of the return, but very little to them both, because there is a very little left for me to say.  
My Lord, to the form, I say it expresseth nothing of the first caption, and therefore it is insufficient, I will add one reason as hath been said: the Habeas Corpus hath only these words, quod habeas corpus ejus una cum causa detensionis & non captionis: But my Lord, because in all imprisonment there is a cause of caption and detention, the caption is to be answered as well as the detention.  
I have seen many writs of this nature, and on them the caption is returned, that they might see the time of the caption, and thereby know whether the party should be delivered or no, and that in regard of the length of his imprisonment.  
The next exception I took to the form is, that there is much incertainty in it, so that no man can tell when the writ came to the keeper of the prison, whether before the return or after, for it appears not when the King's command was, for the commitment or the signification of the Council came to him: It is true, that it appears that the warrant was dated the seventh of November, but when it came to the keeper of the prison that appears not at all; and therefore as for want of mentioning the same time of the caption, so for not expressing the same time when this warrant came, I think the return is faulty in form and void.  
And for apparent contradiction also, the return is insufficient, for that part of the return which is before the warrant, it is said quod detentus est per speciale mandatum domini Regis, the warrant of the Lords of the Council; the very syllables of that warrant are, that the Lords of the Council do will and require him still to detain him, which is contrary to the first part of the return.  
Besides my Lord, the Lords themselves say in another place and passage of the warrant, that the King commanded them to commit him, and so it is their commitment, so that upon the whole matter there appears to be a clear contradiction in the return, and there being a contradiction in the return, it is void.  
Now my Lord, I will speak a word or two to the matter of the return, and that is touching the imprisonment, per speciale mandatum domini Regis, by the Lords of the Council without any cause expressed, and admitting of any or either of both of these to be the return: I think that by the constant and settled Laws of this kingdom, without which we have nothing, no man can be justly imprisoned be either of them, without a cause of the commitment expressed in the return. My Lord, in both the last Arguments the statutes have been mentioned and fully expressed, yet I will add a little to that which hath been said.  
The statute of Magna Charta cap. 29. that statute if it were fully executed as it ought to be, every man would enjoy his liberty better than he doth.  
The Law saith expressly, no Freeman shall be imprisoned without due process of the Law; out of the very body of this Act of Parliament, besides the explanation of other statutes, it appears, Nullus liber homo capiatur vel imprisonetur nisi per legem terrae. My Lord, I know these words legem terrae, do leave the question where it was if the interpretation of the Statute were not. But I think under your Lordship's favour, there it must be intended by due course of Law to be either by presentment or by indictment.  
My Lords, if the meaning of these words Per legem terrae were but as we use to say, according to the laws, which leaves the matter very uncertain: and per speciale mandatum, etc. be within the meaning of these words, according to the law, than this Act had done nothing. The Act is▪ No Freeman shall be imprisoned but by the law of the land; if you will understand these words, per legem terrae, in the first sense, this statute will extend to Villains as well as to Freemen, for if I imprison another man, Villain, the Villain may have an action of false imprisonment. But the Lords and the King (for then they both had Villains) might imprison them▪ and the Villain could have no remedy; but these words in the statute per legem terrae, were to the Freeman, which ought not to be imprisoned, but by due process of law, and unless the interpretation shall be this, the Freeman shall have no privilege above the Villain.  
So that I conceive my Lord, these words per legem terrae, must be here so interpreted, as in 42 Eliz. the Bill is worth the observing, it reciteth that divers persons without any writ or presentment were cast into prison, &c that it might be enacted that it should not be so done hereafter; the answer there is, that this is an Article of the great Charter, this should be granted, so that it seems the statute is not taken to be an explanation of that of Magna Charta, but the very words of the statute of Magna Charta.  
I will conclude with a little observation upon these words, nec super eum mittimus, which words of themselves signify not so much, a man cannot find any fit sense for them.  
But my Lord, in the seventh year of King john, there was a great Charter by which this statute in the ninth of Henry the third, whereby we are now regulated, was framed, and there the words are, nec eum in Carcerem mittimus, we will not commit him to prison; that is, the King himself will not: and to justify this, there is a story of that time in Matthew Paris, and in that Book this Charter of King john is set down at large, which Book is very authentic, and there it is entered, and in the ninth of Henry the third, he saith, that the statute was renewed in the same words with the Charter of King john; and my Lord, he might know it better than others, for he was the King's Chronologer in those times: and therefore my Lord, since there be so many reasons, and so many precedents, and so many statutes, which declare that no Freeman whatsoever ought to be imprisoned, but according to the laws of the land; and that the liberty of the subject is the highest inheritance that he hath; my humble request is, that according to the ancient laws and privileges of this Realm, this Gentleman my Client may be bailed.   

The Argument of Master Calthrop upon the Habeas corpus.  
Sir john Corbet being brought to the King's Bench Bar with Sir Edmond Hampden, Sir Walter Earl, and Sir john Henningham, who were also brought thither by several writs of Habeas Corpus, with the same return, I being assigned by the Court of King's Bench, upon a petition delivered to be of Council with Sir john Corbet, did move that Sir john Corbet might be discharged of his imprisonment, and put in bail, for I did conceive that the return of this Habeas corpus was insufficient, both in the matter of the return, and in the manner of the return, and so there ought not to be a longer detaining of Sir john Corbet in prison: for as unto the manner of the return it is not laid down precisely that Sir john Corbet is detained in prison by the special commandment of the King, signified by the warrant of the Lords of the Council, the which is not a direct affirmation that he is detained by the special command of the King, but that the Lords of the Council by their warrant have signified unto him that he was committed and still detained by the special command of the King.  
And howsoever the Lords of the Council had signified that he was detained by the commandment of the King, yet it may be he was not detained by the commandment of the King, for their signification of the same by warrant may be untrue, and the warrant of the Lords of the Council that is returned in haec verba, importeth that the keeper of the Gatehouse rather took upon him to return, that was signified unto him by the warrant of the Lords of the Council, that Sir john Corbet was committed and detained by the special commandment of the King, because if the keeper had taken upon him to affirm it upon his return, than needed he not to have returned the warrants of the Lords of the Council, and the warrant itself showeth that he had only his information from the Lords of the Council; for their warrant is to let the keeper know, that both the first commitment, and this direction for the continuing of him in prison, were and are by his Majesty's special commandment, and I do not see as this return is made, that an accord upon the case can lie upon the keeper of the Gatehouse, if Sr. john Corbet was not committed nor detained by the special commandment of the King, so long as the warrant of the Lords of the Council be returned as it was made, because he doth return the same as the significavit of the Lords by their warrant, Register 65. the writ of Excommunication Capiend goeth, Rex vicecom Lincoln S. significavit nob venerabilis Pater Henricus Lincolniensis Episcopus per Literas suas Patentes quod R. suus Parochial propter suam manifestan cotumac authoritate ipsius Episc ordin excom est nec se vult per censuram Ecclesiasticam justiciar etc. tibi praecipimus quod predict R. per corpus suum secundum consuetud Angliae justice etc. and yet no man will say that there is an information of the King, that R. is excommunicated, but only that the Bishop of Lincoln had signified unto him that R. was excommunicated: and in Fitz. Nat. Br▪ 663. and Register 65. it appears that the form of the writ of Excommunication deliberand is, Rex Vice come London Salut. Cum Thom jay allutar London qui nuper ad denuntiat. venerabil Patris Archiep Eborum pro contumaciis suis ratione contractus in civitate nostra Eborum habit ut dicebat, tanquam excom & claves Ecclesiae contemnent per corp suum secundum consuetud Augliae per te justice praecepimus, donec etc. esset satisfact eid Archiepiscopo, ad satisfaciendum Deo & sanctae ecclesiae, sufficientem exposuit cautionem, per quod eidem Archiepiscopus offic. Archdiac London. mutuae vicissitudin obtentu scripsit ut ipsum absolvat ab excom senten memorata sicut idem Archiepiscopus per Literas suas Patentes nob significavit, Tibi praecipimus quod praed. Thom cum tibi constare poterit ipsum ab excom predict per predict Official absolvi à Prison qua detinetur si ea occasione & non alia detineat in eadem sine dilatione deliberari fac And yet it cannot be said, that although the King recited in his writ that the Archbishop had signified unto him that he had written unto the Official of the Archdeacon, that the King said that the Archbishop had written, for he doth not affirm so much precisely, but only referreth himself unto the Certificate of the Archbishop.  
Plowden 122 Buckley and Rivers case, it is put that if a man will bring an action of debt upon an obligation, and declare that it appears by the obligation that the defendant stood bound to the plaintiff in twenty pounds, the which he hath not paid, this declaration is not good, insomuch as it is not alleged by matter in fact, that he was bound unto him in twenty pound, but the deed is alleged by recital only 21. Ed. 4.43.  
Plowden Come 126. & 143. Browning and Beestons' case.  
The Abbot of Waltham being appointed collector of a Disme granted unto the King in discharge of himself, in the Exchequer, pleadeth, Quo inter recordat Ter Pasc. anno 25. domini Regis Edvardi 1. inter alia continetur quod R. 2. had granted unto the predecessors of the said Abbot, that he nor any of his successors should be any collectors of any dimes to be granted afterwards, and it was adjudged that this plea was ill.  
For the saying [it was contained among the Records,] it is no precise affirmation that the King had granted to his predecessors, that they should be discharged of the collecting any dimes, but it is only an allegation by way of recital, and not by precise affirmation, the plea may not be good.  
2 & 3 Mar. Dier. 117. & 118. the plaintiffs reply in bar of all pleadeth, that john Abbot of W. was seized of his lands in right of his Church, and so seized by the assent of the tenant by indenture▪ 14 Hen. 4. testat quod predict Abbat & convent demiserunt & tradiderunt, unto the plaintiff, and ruled, that this form of pleading was ill, insomuch as it was not alleged by precise affirmation, quod demiserunt, sed indentura testatur, quod demiserunt, which is not sufficient, insomuch as it is only an allegation by way of recital, that the Indenture doth witness, and the same Indenture may witness so much, and yet not be a demise.  
And if in pleading there must be direct affirmation of the matter alleged, then à fortiore in a return, which must be more precise then in pleading, and so by all the cases I have formerly touched, it appeareth that this return is no express affirmation of the keeper of the Gatehouse, that Sir john Corbet is detained in prison by the special commandment of the King, but only an affirmation of the Lords of the Council, who had signified unto him that his detainment in prison was by special command of the King.  
The return which ought to be certain, and punctual, and affirmative, and not by way of information out of another man's mouth, may not be good, as appeareth by the several books of our law.  
23 Ed. 3. Rex vic 181. upon a Homine replegiando, against the Abbot of C. the Sheriff returneth that he had sent to the Bailiff of the Abbot that answered him that he was the villain of the Abbot, by which he might not make deliverance, and a Sicut alias was awarded, for this return was insufficient, insomuch that he had returned the answer of the Bailiff of the Abbot where he ought to have returned the answer of the Abbot himself out of his own mouth.  
Trin. 22. Ed. 2. Rot. 46. parent. vill & Burg. Evesque de Norwich, repl 68 Nat. Br. Case 34. Fitz. Nat. Br. 65. & 34. Ed. 3. Excom 29. the case appeareth to be such in a trespass, the defendant pleadeth, the plaintiff is excommunicate, and showeth forth the letter of the Bishop of Lincoln, witnessing that for divers contumacies, etc. and because he had certified no excommunic done by himself, but by another, the letter of excommunication was annulled, for the Bishop ought to have certified his own act, and not the act of another.  
Hillarii 22 Hen. 8. Rot. 37. it appeareth by the return of an Habeas corpus, that john Parker was committed to prison for security of the peace, and for suspicion of felony, as per mandatum Domini Regis nunciatum, per Robertum Perk de Clifford's Inn, and upon his return john Parker was bailed, for the return Commiss. fuit per speciale mandatum domini Regis, nunciatum per Robertum Perk was not good, insomuch that it was not a direct return that he was committed per mandatum Domini Regis.  
And for the first point, I conclude that this return is insufficient in form, insomuch that it doth not make a precise and direct return, that he was committed and detained by the special command of the King, but only as he was signified by the warrant of the Lords of the Council, which will not serve the turn; and upon the book of 9 Hen. 6.44. the return of the cause of a man's imprisonment ought to be precise and direct upon the Habeas corpus, insomuch as thereby to be able to judge of the cause, whether it be sufficient or not, for there may not any doubt be taken to the return, be it true or false, but the Court is to accept the same as true: and if it be false, the party must take his remedy by action upon the case.  
And as concerning the matter of the return, it will rest upon these parts  
First, whether the return be that he is detained in prison by special commandment of our Lord the King, be good or not, without showing the nature of the commandment, or the cause whereupon the commitment is grounded in the return.  
The second is, whether the time of the first commitment by the commandment of the King, not appearing to the Court, is sufficient to detain him in prison.  
Thirdly, whether the imprisonment of the subjects without cause shown, but only by the commandment of the King, be warantable by the laws and statutes of this Realm.  
As unto the first part, I find by the books of our law, that commandments of the King are of several natures, by some of which the imprisonment of a man's body is utterly unlawful: and by others of them, although the imprisonment may be lawful, yet the continuance of him without bail or mainprize, will be utterly unlawful.  
There is a verbal command of the King which is by word of mouth of the Kings only, and such commandment by the King, by the books of our law will not be sufficient either to imprison a man or to continue him in prison, 16.6. Monstrans de faict si, upon an action of trespass brought for cutting of trees, the defendant pleadeth that the place where he cut them is parcel of the Manor of D. whereof the King is seized in fee, and the King commanded him to cut the trees, and the opinion of the Court there is, that the plea in bar was ill, because he did not show any special commandment of the King, and there it is agreed by the whole Court, that if the King commandeth one to arrest another, and the party commanded did arrest the other, an action of trespass or false imprisonment is maintainable against the party that arrested him, although it were done in the presence of the King, 39 H. 6.17. where one justifieth the seizure of the goods of a person that is outlawed by the commandment of the King, such a party being no Officer may not in an action brought against him have any aid of the King; for such a commandment given to one that is not an Officer, will not any ways avail him that is to justify himself by the return of that commandment.  
37 Hen. 6.10. If the king give me a thing and I take the same by his commandment by word of mouth, it is not justified by law, nothing may pass without matter of Record.  
10 Hen. 7.7. & 17.18. it is agreed that Justices may command one to arrest another that is in their view or presence, but not one that is out of their view or presence.  
And Keble 10 Hen. 7.13. said, that where one is arrested by a parroll command in their view or presence, it is fitting that a record may be made of it, insomuch that without such a record there can hardly be a justification in another Term.  
Secondly, there is a commandment of the King by his Commission, which according unto calvin's case in the seventh Report, it is called by him breve mandatum non remediabile, and by virtue of such a commandment the King may neither seize the goods of his subject, nor imprison his body, as it is resolved in 42 Ass. pl. 5. where it is agreed by all the justices that a Commission to take a man's goods, or imprison his body without indictment or suit of the party, or other due process, is against the Law.  
Thirdly, there is a commandment of the King which is grounded upon a suggestion made to the King or to his Council; and if a man be committed to prison by such a suggestion by commandment of the King, it is unlawful, and not warranted by the Law of the Realm.  
The 25 of Edward the third, cap. 4. de Provisoribus, whereas it is contained in the great Charter of the Franchises of England, that none shall be imprisoned or arrested of his freehold or of his Franchises, nor of his free customs, but by the Law of the land.  
It is awarded, consented and established, that from henceforth none shall be taken by petition or suggestion made to our Sovereign Lord the King, or to his Council, until it be by indictment or presentment of his good and lawful neighbours, where such deeds are done in due manner, or by process made by writ original at the common law, nor of his freehold, unless he be duly brought in, and answer, and forejudged of the same by way of Law, and if any thing be done against the same, it shall be redressed and holden for nought.  
37 Ed. 3. cap. 10. although it be contained in the great Charter, that no man be taken or imprisoned, or put out of his freehold, without due process of the law: nevertheless divers persons make false suggestions to the King himself, as well for malice as otherwise, whereof the King is often grieved, and divers of the Realm put in great damages contrary to the form of the same Statute.  
Wherefore it is ordained, that all they that make such suggestions be sent with their suggestions to the Chancellor or Treasurer, and they and every of them find sureties to pursue their suggestions, and endure the same pain that the other should have had; if in case that his suggestion be found untrue, and that then process of the law be made against them without being taken or imprisoned against the form of the same Charter, and other statutes.  
So that it appears by these several statutes, that such commandments of the King as are grounded upon suggestion, either made to himself or to his Council, for the imprisonment of a man, are against the law.  
Fourthly, I find that there is a commandment of the King which is made under his hand, with his signet, for in the fourth and the fifth of Philip and Mary, Dier. 162. where the statute of 1 Rich. 2. cap. 11. restraineth the Warden of the Fleet for letting any man at large that is in upon judgement at the suit of any man, except it be by writ or other commandment of the King; It was doubted whether the Queen by letter under her hand and privy signet, doth give commandment to the Warden of the Fleet to suffer a man that is there in execution to go about his business, or the affairs of the Queen: whether this be a warrantable command or not within the Statute: and the Law hath always been conceived upon that book, that such a commandment is not warrantable by Law, and if such a command will not serve the turn, to give unto a man his liberty which the Lord favoureth, and had the countenance of an Act of Parliament for the doing of it, than I conceive it should be a more strong case, the King should not have power by his commandment to imprison a man, without due process of the Law, and restrain him of his liberty when there had been so many Acts of Parliament made for the liberty of the subjects.  
Fifthly, I do find that there is the commandment of the King which is by his writ under the Great Seal, or the seal of the Court out of which it issueth, Regist. f. 69. & 70. in the writ de cautione admittenda, I find the words, mandatum Regis expounded to be breve Regis, for the writ goeth: Rex vic Salutem. Cum nuper ad requisitionem S. de Isle Canonici Lincol. venerabilis Patris H. Lincoln. Episcopi ipso in remotis agente Vicarii general. per Literas suas patentes nobis significantis Nicho. B. dict. Lincoln. Dioc. propter manifestam contumaciam Authoritate ipsius Episcopi Ordinar. excommunicate. esse nec si velle etc. vobis praeceperimus quod praefat. etc. satisfactum ex parte ipsius N. qui virtute mandati nostri praedict. per vos Capt. & in Prison. nostra de Newgate detent. existit, etc. nos nolentes quod praefat. N. per breve nostrum predict, via praecludatur etc. prosequi possit in forma juris maxim etc. integer esse debeat, vobis praecipimus quod scire etc. quod sit etc. quare praedict. N. à Prisona praedict. deliberari non debeat. Rex justiciar. suis de Banco salut. Cum nos nuper ad significationem S. de Isle etc. usque ibi excommunicate. extitisse nec se velle etc. esset satisfactum ex parte ipsius N. virtute mandati nostri praed. captain. & in Prisona nostra de Newgate tunc detenti, etc. & nolentes eo praetextu praefato N. per breve nostrum praed. via praecludat. quo minus appellac. suae negotium etc. processerat. & appellant statut. etc. per breve nostrum praeceperimus praefat. vic. quod scire facerent. etc. signific. & consult. & circumspect. in Placitis per breve praedict. coram vobis pendentibus procedere valeatis secundum legem & consuetudinem Regni nostri.  
Stamf. 72.5 E. 3. c. 8. 1 E. c. 3.9. saith, that every Capias in a personal action is a Commandment of the King, for it is Praecipimus tibi quod capias etc. and yet the defendant as there it is said is replevisable by the Common Law, 7 R. 20. a. calvin's case, saith that there are two kind of writs, viz. brevia mandatoria & remedialia, & brevia mandatoria & non remdeialia: brevia mandatoria & remedialia, are writs of Right, Formedon, etc. debts, trespasses, and shortly all writs real and personal whereby the party wronged is to recover somewhat, and to be remedied for that wrong which is done unto him.  
Sixthly, I do find by our books of Law, and by the Register that this special mandatum domini Regis, is expounded to be his writ, and that the Law taketh no notice of any other speciale mandatum then by this writ; the which being so when the return is made, that he is imprisoned and detained in prison by the special commandment of the King, how can the Court adjudge upon this return, that Sir john Corbet ought to be kept in prison, and not to be bailed, when the nature of the special commandment is not set forth in the return, whereby it may appear unto the Court that he is not bailable. In Bracton. c. 12.112. you shall see a writ reciting. Praecipimus tìbi quod non implacites nec implacitari permittas talem de libero tenemento suo in tali villa sine speciali praecepto nostro vel Capitalis justiciar nostri.  
And the reason of it there is given, quia nemo de libero tenemento sine brevi sive libello conventionali nisi gratis voluerit respondebit. So as the exception of special commandment by the very book, appeareth to be breve sive libellus conventionalis, Regist. 271. the writ of Manucaption goeth in this manner: Rex vic. Salut. Cum nuper assignaverimus dilectos & fideles nostros A. B. & C. D. ad inquisitiones de forstallariis & transgressionibus contra formam statuti dudum apud Winton. editi in come. tuo faciend. & ad illos quos inde culpabiles invenirent. capiend. & in Prisona nostra salvo custod. faciend. donec aliud inde praecepissemus quod C. D. & E. pro hujusmodi forstallamentis & transgressionibus unde coram praefat. A. B. & C. indict. fuerint, capt. & in Prisona de L. detent. exist. à qua deliberari non possunt, sine mandato nostro speciali, Nos volentes eisdem C. D. & E. graciam in hac parte facere specialem, tibi praecipimus quod si praedict. C. D. & E. occasione praedict. & non alia in Prisona praedict. detineantur, & pro transgressionibus illis secundum legem & consuetudinem Regni nostri Angliae replegiabiles existunt etc. tunc impoes C. D. & E. à Prisona praedict. si ea occasione & non alia detineantur in eadem interim deliberari facias per manucapt. supradict. & habeas ibi tunc coram praefat. justiciar. nomina manncapt. illorum & hoc breve.  
And the exposition of this speciale mandatum domini Regis, mentioned in the writ, is expounded to be breve domini Regis, and thereupon is this writ directed unto the Sheriff for the delivery of them.  
And so for the branch of the first part: I conclude, that the special command of the King without showing the nature of the commandment of the Kings, is too general, and therefore insufficient: for he ought to have returned the nature of the commandment of the King, whereby the Court might have adjudged upon it, whether it were such a commandment that the imprisonment of Sir john Corbet be lawful or not, and whether it were such a commandment of the King, that although the imprisonment were lawful at the first, yet he might be bailed by Law.  
And as for the general return of speciale mandatum domini Regis, without showing the cause of the imprisonment either special or general, I hold that for that cause also the return is insufficient.  
First, in regard of the Habeas corpus, which is the commandment of the King only, made the 15 of November.  
According to the Teste of the writ commanding the keeper of the Gatehouse to have the body of Sir. john Corbet, una cum causa detensionis. & ad subjiciendum & recipiendum ea quae curia nostra de eo ad tunc ibid. ordinar. contingat. So as the commandment of the writ being to show the cause of his detaining in prison, the keeper of the gatehouse doth not give a full answer unto the writ, unless the cause of the detainment in prison be returned, and the Court doth not know how to give their judgement upon him, either for his imprisonment, or for his discharge, according to the purport of the writ, when there is not a cause returned, and forasmuch as upon an excommengement certified, it hath been adjudged oftentimes that Certificates were insufficient where the cause of the commitment hath not been certified, that the Court might adjudge whether the Ecclesiastical Judges who pronounced the excommunication, had power over the original cause according to the book of 14 Hen. 4.14.8. Rep. 68 Trollops case, & 20 Ed. 3. Excommengement 9  
So upon an Habeas corpus in this Court, where a man hath been committed by the Chancellor of England by the Council of England, Marches of Wales, Warden of the Stanneries, High Commission, Admiralty, Duchy, Court of request, Commission of Sewers or Bankrupts, it hath several times been adjudged that the return was insufficient where the particular cause of imprisonment hath not been shown, to the intent that it might appear that those that committed him had jurisdiction over the cause, otherwise he ought to be discharged by the Law, and I spare to recite particular causes in every kind of these, because there are so many precedents of them in several ages of every King of this Realm: and it is an infallible maxim of the Law, That as the Court of the King's Bench, and Judges ought not to deny an Habeas corpus unto any prisoner that shall demand the same by whomsoever he be committed, so ought the cause of his imprisonment to be shown upon the return, so that the Court may adjudge of the cause whether the cause of the imprisonment be lawful or not: and because I will not trouble the Court with so many precedents but such as shall suit with the cause in question, I will only produce and vouch such precedents, whereas the party was committed either by the commandment of the King, or otherwise by the commandment of the Privy Council, which Stampford fol. 72. termeth the mouth of the King, such acts as are done by the Privy Council, being as Acts done by the King himself.  
And in all these causes you shall find that there is a cause returned as well as a speciale mandatum domini Regis etc. or mandatum Privati Concilii domini Regis, whereby the Court may adjudge of the cause, and bail them if they shall see cause.  
In the eighth of Henry the seventh, upon return of an Habeas corpus awarded for the body of one Roger Sherry, it appeareth that he was committed by the Mayor of Windsor for suspicion of felony, and ad sectam ipsius Regis pro quibusdam feloniis & transgressionibus ac per mandatum domini Regis; 21 Hen. the seventh upon the return of an Habeas corpus sent for the body of Hugh Pain, it appeared that he was committed to prison, per mandatum dominorum Privati Concilii domini Regis pro suspicione feloniae.  
Primo Henrici Octavi, Rot. 9 upon the return of an Habeas corpus sent for the body of one Thomas Harrison and others, it appears that they were committed to the Earl of Shrewsbury being Martial of the household, Per mandatum Domini Regis, & pro suspicione feloniae, & pro homicidio facto super Mare.  
3 & 4 Philip. & Mariae, upon a return of an Habeas corpus sent for the body of one Peter Man, it appeareth that he was committed pro suspicione feloniae, ac per mandatum Domini Regis & Reginae.  
4 & 5 Philippi & Mariae, upon the return of an Habeas corpus sent for the body of one Thomas Newport, it appeared that he was committed to the Tower, pro suspicion contrafact. monetae per privatum Concilium domini Regis & Reginae.  
33 Elizabethae upon the return of an Habeas corpus for the body of one Laurence Brown; it appeareth that he was committed per mandatum Privati Concilii dominae Reginae pro diversis causis ipsam Reginam tangen▪ ac etiam pro suspicione proditionis.  
So as by all these precedents it appeareth where the return is either Per mandatum domini Regis, or Per mandatum dominorum Privati Concilii domini Regis; there is also a cause over and besides the mandatum returned, as unto that which may be objected, that per mandatum domini Regis, or Privati Concilii domini Regis is a good return of his imprisonment, I answer.  

First, that there is a cause, for it is not to be presumed that the King or Council would commit one to prison without some offence, and therefore this mandatum being occasioned by the offence or fault, the offence or fault must be the cause, and not the command of the King or Council which is occasioned by the cause.  
Secondly, it appears that the jurisdiction of the Privy Council is a limited jurisdiction, for they have no power in all causes, their power being restrained in certain causes by several Acts of Parliament, as it appeareth by the statute of 20 Edward the third, c. 11. 25 Ed. the third c. 1. stat. 4. the private petition in Parliament permitted in the 1 of R. 2. where the Commons petition that the Privy Council might not make any Ordinance against the Common Law, Customs or Statutes of the Realm; the fourth of Henry the fourth, ca 3. 13 Hen. the fourth, 7. 31 Henry the sixth, and their jurisdictions being a limited jurisdiction, the cause and grounds of their commmitment ought to appear, whereby it may appear if the Lords of the Council did commit him for such a cause as was within their jurisdiction: for if they did command me to be committed to prison for a cause whereof they had not jurisdiction, the Court ought to discharge me of this imprisonment, and howsoever the King is Vicarius Dei in terra, yet Bracton. cap. 8. fol. 107. saith, quod nihil aliud potest Rex in terris cum sit Minister Dei & Vicarius, quam solum quod de jure potest. nec obstat, quod dicitur quod Principi placet, legis habet vigorem, quia sequitur in fine legis cum lege Regia quae de ejus imperio lata est, id est non quicquid de voluntate Regis temere praesumptum est, sed animo condendi jura, sed quod consilio Magistratuum suorum, Rege author. praestant & habita super hoc deliberatione & tract. rect. fuer. definite. Potestat. itaque sua juris est, & non injuriae. The which being so, then also it ought to appear upon what cause the King committeth one to prison, whereby the Judges which are indifferent between the King and his Subjects, may judge whether his commitment be against the Laws and Statutes of this Realm or not.  
Thirdly, it is to be observed, that the King's command by his Writ of Habeas corpus is since the commandment of the King for his commitment, and this being the latter commandment, aught to be obeyed; wherefore that commanding a return of the body cum causa detentionis, there must be a return of some other cause than Per mandatum domini Regis, the same commandment being before the return of the Writ.   
Pasch. 9 E. 3. pl. 30. fol. 56. upon a Writ of Cessavit brought in the County of Northumberland, the Defendants plead, That by reason the Country being destroyed by Wars with the Scots, King Edward the second gave command that no Writ of Cessavit should be brought during the Wars with Scotland, and that the King had sent his Writ to surcease the Plea, and he averreth that the Wars with Scotland did continue.  
Hearle that giveth the Rule saith, That we have command by the King that now is, to hold this Plea, wherefore we will not surcease for any writ of the King that is dead; and so upon all these reasons and precedents formerly alleged, I conclude, that the return that Sir john Corbet was committed and detained in prison▪ Per speciale mandatum domini Regis, without showing the nature of the commandment by which the Court may judge whether the commandment be of such a nature as he ought to be detained in prison, and that without showing the cause upon which the commandment of the King is grounded, is not good. As unto the second part, which is, Whether the time of the commitment by the return of the Writ, not appearing unto the Court, the Court ought to detain him in prison or no?  
I conceive that he ought not to be continued in prison, admitting that the first commitment by the command of the King were lawful, yet when he hath continued in prison by such reasonable time as may be thought fit for that offence for which he is committed, he ought to be brought to answer, and not to continue still in prison without being brought to answer.  
For it appears by the Books of our Laws, that liberty is a thing so favoured by the Law, that the Law will not suffer the continuance of a man in prison for any longer time then of necessity it must; and therefore the Law will neither suffer the party, Sheriffs or judges to continue a man in prison by their power and their pleasure, but doth speed the delivery of a man out of prison, with as reasonable expedition as may be.  
And upon this reason it is resolved in 1 & 2 El. Dyer 175. & 8 Ed. 4.13. That howsoever the Law alloweth that there may be no term between the rest of an original Writ and the return of the same, where there is only a summons, and no imprisonment of the body, yet it will not allow that there shall be a term between the rest of a Writ of Capias, and the return of the same, where the body of a man is to be imprisoned, insomuch that it will give no way that the party shall have no power to continue the body of a man imprisoned any longer time than needs must. 39 E. 3.7. 10 H. 7.11. 6 E. 4.69. 11 E. 4.9. 48 E. 3.1. 17 E. 3.1 & 2 Hen. 7.  
Kellaways Reports do all agree, that if a Capias shall be awarded against a man for the apprehending of his body, and the Sheriff will return the Capias, that is awarded against the party, a non est inventus, or that languidus est in prisona, yet the Law will allow the party against whom it is awarded for the avoiding of his corporal penance and dures of imprisonment, to appear gratis, and for to answer.  
For the Law will not allow the Sheriff by his false return to keep one in prison longer than needs must, 38 Ass. pl. 22. Brooks imprisonment 100 saith. That it was determined in Parliament that a man is not to be detained in prison after he hath made tender of his fine for his imprisonment, therefore I desire your Lordship that Sir john Corbet may not be kept longer in durance, but be discharged according to the Law.    

The substance of the Objections made by Mr. Attorney, General before a Committee of both Houses, to the Argument that was made by the House of Commons, at the first conference with the Lords out of Precedents of Record, and Resolutions of judges in former times, touching the Liberty of the person of every Freeman, and the Answers and Replies then presently made by the House of Commons to these Objections.  
AFter the first conference which was desired by the Lords, and had by a Committee of both houses in the painted Chamber, touching the Reasons, Laws, Acts of Parliament and Precedents concerning the Liberty of the person of every Freeman, Mr Attorney General being heard before the Committee of both houses as it was assented by the house of Commons, that he might be, before they went up to the conference, after some preamble made, wherein he declined the answering all Reasons of Law, and Acts of Parliament, came only to the Precedents used in the Argument before delivered, and so endeavoured to weaken the strength of them that had been brought in behalf of the subjects, & to show that some other were directly contrary to the Law comprehended in the Resolutions of the house of Commons, touching the bailing of Prisoners, returned upon the writ of Habeas Corpus to be committed by the special command of the King, or the Council, without any cause shown, for which by Law they ought to be committed. And the course which was taken (it pleased the Committee of both houses to allow of) was that Mr. Attorney should make his Objections to every particular Precedent, and that the Gentlemen appointed, and trusted herein by the house of Commons by several Replies, should satisfy the Lords touching the Objections made by him, against, or upon every particular, as the order of the Precedents should lead them, he began with the first 12. Precedents that were used by the house of Commons at the conference delivered by them, to prove that Prisoners returned to stand so Committed, were delivered upon bail by the Court of King's Bench: The first was that of Bildstones' case in the 18. Edw. 3. Rot. 33. Rex.  
To this he Objected, First, that in the return of him into the Court, it did not appear that this Bildstone was committed by the King's command; and Secondly that in the Record it did appear also that he had been committed for suspicion of counterfeiting the great Seal, and so by consequence was bailable by the Law, in regard there appeared a Cause why he was committed, in which case it was granted by him (as indeed it was plain and agreed of all hands) that the Prisoner is bailable though committed by Command of the King, and he said that this part of the Record, by which it appeared he had been committed for suspicion of treason was not observed to the Lords in the Argument before used, and he said also to the Lords; that there were three several kinds of Records, by which the full truth of every award, or bailing upon a Habeas Corpus is known. First the remembrance Roll, wherein the award is given, Secondly the file of the writ and the return, and Thirdly, the Scruect or Scruet finium wherein the bail is entered, and that only the remembrance Roll of this Case was to be found, and that if the other two of it were extant, he doubted not but that it would appear also, that upon the return itself, the Cause of the Commitment had been expressed, and so he concluded, that this proved not for the house of Commons, touching the Matter of bail, where a Prisoner was committed by the King's special command without Cause showed.  
To this Objection the reply was, First, that it was plain that Bildstone was committed by the King's express Command. For so the very words of the Writ are to the Constable of the Tower, quod eum tenendum Custodiae facias, etc. than which nothing can more fully express a Commitment by the King's command. Secondly, how ever it be true, that in the latter part of the Record it doth appear, that Bildstone had been Committed for suspicion of Treason, yet if the times of the proceeding, expressed in the Record, were observed, it would be plain that the Objection was of no force: for this one ground, both in this Case and all the rest, is infallible, and never to be doubted of in the Law, 
Nota.  That Justices of every Court adjudge of the force and strength of a return out of the body of itself only, and as therein it appears. Now in Easter term in the 18. Edward 3. he was returned and brought before them, as Committed only by the Writ, wherein no Cause is expressed, and the Lieutenant & the Constable of the Tower that brought him into the Court says, that he had no other warrant to detain him Nisi breve predictum, wherein there was no mention of any Cause; & the Court thereupon adjudged, that breve predictum for that special command, was not sufficient causa to detain him in prison, and thereupon he is by judgement of the Court in Easter term let to Mainprize. But that part of the Record wherein it appears, that he had indeed been committed for suspicion of Treason, is of Trinity term following, when the King, after the letting of him to Mainprize, sent to the Judges that they should discharge his Mainprize, because no man prosecuted him. And at that time it appears (but not before) that he had been in for suspicion of Treason; so that he was returned to stand committed by the King's special command only, without Cause shown, in Easter term, And then by judgement of the Court let to Mainprize (which to this purpose is but the same with bail, though otherwise it differ); And in the term following upon another occasion the Court knew, that he had been committed for suspicion of Treason, which hath no relation at all to the letting of him to Mainprize, nor to the judgement of the Court then given, when they did not, nor could possible know any Cause, for which the King had committed him. And it was said in behalf of the house of Commons, that they had not indeed in the Argument expressly used this latter part of Bildstones' Case, because it being only of Trinity term following, could not concern the reason of an Award given by the Court in Easter term next before; yet notwithstanding that they had most faithfully, at the time of their Argument, delivered into the Lords (as indeed they had a perfect copy at large of the whole Record of this Case; as they had done also of all other precedents whatsoever cited by them; in so much as in truth there was not one precedent of Record of either side, the copy whereof they had not delivered in likewise, nor did Mr. Attorney mention any one besides those that were so delivered in by them. And as touching those 3. kinds of Records, the remembrance Roll, the return and file of the Writ, and the Scruets; it, was answered by the gentlemen employed by the house of Commons, that it was true, that the Scruect and return of this Case of Bildstone was not to be found, but that did not lessen the weight of the precedent, because always in the Award or Judgement drawn up in the remembrance Roll, the Cause (whatsoever it be) when any is showed, upon the return is always expressed, as it appears clearly by the constant Entries of the Kings-Bench Court: so that if any Cause had appeared plainly in that part of the Roll which belongs to Easter term, wherein the Judgement was given, but the return of the commitment by the King's command without Cause shown, and the Judgement of the Court, that the Prisoner was to be let to Mainprize, appears therein only, and so notwithstanding any Objection made by Mr. Attorney, the Cause was maintained to be a clear proof among many others, touching the resolution of the house of Commons.  
To the second of these 12. which is Parker's Case in the 22. H. 8. Rot. 37. his Objections were two, First, that it is true that he was returned to be committed Per mandatum domini Regis; but it appeared that this command, was certified to the Shreiffs of London by one Robert Perk gentleman, and that in regard, that the command came no otherwise, the return was held insufficient, and that therefore he was bailed. Secondly, that it appears also in the Record that he was committed pro suspicione felloniae ac per mandatum domini Regis, so that in regard that the command, that in the expression of the causes of his commitment, suspicion of felony precedes the command of the King, therefore it must be intended that the Court took the Cause why the King committed him to be of less moment than felony, and therefore bailed him, For he Objected, that even the house of Commons themselves, in some Arguments used by them, touching the interpretation of the statute of Westminster the first, cap. 15. about this point had affirmed, that in enumeration of particulars, those of greatest nature were first mentioned, and that it was supposed, that such as followed were usually of less nature or moment.  
But the reply was to the first Objection, that the addition of the certefying of the King's command by Robert Perk altered not the Case, First because the Sheriffs in their Return took notice of the command as what they were assured of; and then howsoever it came to them, it was of equal force as if it had been mentioned without reference to Peck. Secondly, as divers Patents pass the great Seal; by writ of privy Seal, and are subscribed Per breve de privato sigillo; so divers per ipsum Regem, are so subscribed; and oftentimes in the Roll of former times, to the words per ipsum Regem, are added nunciante A. B. So that the Kings command generally, and the Kings command related or certified by such a man, is to this purpose of like nature. Thirdly, in the late great Case of Habeas Corpus, where the Return of the commitment was Per speciale mandatum Domini Regis mihi significatum per Dominos de privato Confilio; the Court of Kings-Bench did agree, that it was the same, and of like force as if mihi significatum etc. had not followed, and that those words were void; According whereunto here also, Per mandatum Dom. Regis nunciatum per Robert Peck, had been wholly omitted and void likewise. And in truth in that late Case, this Case of Parker was cited both at the Bar and Bench: and at the Bench it was interpreted by the Judges no otherwise, then if it had been only per mandatum Domini Regis in place of it: but the Objection there was made of another kind, as was delivered in the first Argument, made out of precedents in the behalf of the house of Commons. Therefore to the second Objection touching the course of Enumeration of the Causes in the Return, it was said, that howsoever in some Acts of Parliament, and else where in the solemn expressions used in the Law, things of greater nature preceded and the less follow; yet in this Case the contrary was most plain, for in the Return it appears that there were three Causes for detaining the Prisoners: Surety of the peace, Suspicion of Pellony, and the King's command: and Surety of the peace is first mentioned, which is plainly less than Felony. And therefore it is plain, if any force of Argument be taken from this enumeration, that the contrary to that which Mr. Attorney inferred is to be concluded; that is, that as Felony is a greater Cause than Surety of the peace, so the matter whereupon the King's command was grounded, was greater than Felony. But in truth this kind of Argument holds neither way here, and whatsoever the Cause were why the King committed him, it was impossible for the Court to know it: and it also might be of very high moment in matter of state, and yet of far less nature than Felony. All which shows, that this precedent hath his full force also, according as it was first used in Argument by the house of Commons.  
To the third of these, which is Binckes Case in the 35. H. 8. Rot. 33. the Objection was, that there was a Cause expressed, pro suspicione felloniae: and though pro aliis causis illos moventibus, were added in the Return; yet because in the course of enumeration, the general name of aliis coming after particulars, includes things of less nature than the particular doth, therefore in this Case suspicion of felony being the first, the other Causes afterwards generally mentioned must be intended of less nature, for which the Prisoner was bailable, because he was bailable for the greater, which was suspicion of felony. Hereunto it was replied, that the Argument of enumeration in these Cases is of no moment, as is next before shown: and that although it were of any moment, yet any Case, though less than felony, might be of very great consequence in matter of state, which is pretended usually upon general Returns of command without cause shown; and it is most plain, that the Court could not possible know the reasons why the Prisoner here was committed, and yet they bailed him, without looking further after any unknown thing under that title of Matter of state, which might as well have been in this Case as in any other whatsoever.  
To the 4. of these, which is Overton's Case in 2. & 3. Phet. M. Rot. 58. and to the 5. which is Newports Case P. & M. 4. & 5. Rot. 45. only these Objections were said over again by Mr. Attorney, which are mentioned in the Argument made out of precedents in behalf of the house of Commons at the first conference, and in the same Argument are fully and clearly satisfied, as they were in like manner now again.  
To the 6. of these, which was Laurence his Case M. 9 Eliz. Rot. 35. and the 7. which is Constables P. 9 Eliz. Rot. 68 the same Objections only were likewise said over again by Mr. Attorney, that are mentioned, and clearly and fully answered in the Argument made at the first conference out of precedents in behalf of the house of Commons; the force of the Objection being only, that it appeared in the Margin of the Roll, that the word Pardon was written: but it is plain that the word there hath no reference at all to the reason why they were bailed, nor could it have reference to the Cause why they were committed, in regard the Cause why they were committed is utterly unknown and was not showed.  
To the 8. of these Precedents which was browning's Case P. 20. Eliz. Rot. 72. It was said Mr. Attorney that he was bailed by a letter from the Lords of the Council, directed to the Judges of the Court; but being asked for that letter, or any Testimony of it, he could produce none at all; but he said he thought the Testimony of it was burnt among many other things of the Councel-table at the burning of the banqueting house.  
To the 9 being Harecourts Case H. 40. Eliz. Rot. 62. the self same Objection was made by him, but no warrant was showed to maintain his Objection.  
To the 10. which is Catesbyes' Case in vacation Hill. 43. Eliz. he said that it was by direction of a privy Seal from the Queen; and to that purpose he shown the Seal of 43. Eliz. which is at large among the Transcripts of the Records concerning bails taken in Cases where the King or the Lords assented. But it was replied, that the privy seal made only for some particular Gentlemen mentioned in it, and for none other, as indeed appears in it: and then he said, that it was likely that Catesby here had a privy seal in his behalf, because those other had so; which was all the force of his Objection.  
To the 11. of these, which is Beckwiths' Case in Hill. 12. jacobi Rot. 153. he said that the Lords of the council sent a letter to the Court of Kings-Bench to bail him. And indeed he produced a letter, which could not by any means be found when the Arguments were made at the first conference: and this letter, and a copy of an obscure Report made by a young student (which was brought to another purpose, as is hereafter showed) were the only things written of any kind that Mr, Attorney produced, besides the particulars showed by the house of Commons at the first conference. To this it was replied, that the letter was of no moment, being only a direction to the Chief justice, and no Matter of record, nor any way concerning the rest of the judges: And besides, either the Prisoner was bailable by the Law, or not bailable: if bailable by the Law, than was he to be bailed without any such letter; if not bailable by the Law, then plainly the Judges could not have bailed him upon the letter, without breach of their oath, which is, that they are to do justice according to the Law, without having respect to any command whatsoever: so that letter in this Case, or the like in any other Case, is for point of Law to no purpose, nor hath any weight at all by way of Objection against what the Record and the Judgement of the Court shows us.  
To the 12. and last of these, which is Sir Thomas Monsons' Case in the 14. jacobi. Rot. 147. the same Objection was said over by him, which was mentioned and clearly answered in the Argument; and that one ground which is infallible, That the judgement upon a return is to be made only out of what appears in the body of the return itself, was again insisted upon in this Case, as it was also in most of the rest. And indeed that alone which is most clear Law, fully satisfies almost all kinds of Objections, that have been made to any of these precedents, which thus rightly understood, are many ample Testimonies of the Judgements of the Court of Kings-Bench, touching this great point, in the several ages and reigns of the several Princes under which they fell.  
After his Objections to the 12. and the Replies and satisfactions given to those Objections, he came next to those wherein the Assent of the King and privy Council appears to have been upon the enlargement: but he made not to any of those any other kind of Objections, than such as are mentioned and clearly answered (as they were now again) in the Argument made at the first conference. And for so much as concerns Letters of assent or direction, the same was here said again by way of Reply to him, as is before said touching the letter in Beckwithes' case.  
After these were dispatched, he came to urge the eight Precedents, which seemed to make for the other side against the resolution of the House of Commons: which eight were used, and Copies of them also were given in to the Lords at the first conference.  
Of these eight the first 4. were urged by him, as being of one kind; the difference of them only being such, that, save only in the names of Prisons and of Persons, they are but the self same.  
The force of these four he objected thus; that Richard Everard (for the purpose) in the first of them, which is 5. H. 7. Rot. 18. Roger Cherry: in the second of them, which is 8. H. 7. Rot. 12. Christofer Burton: in the third of them, which is 9 H. 7. Rot. 14. and George Urswick in the fourth of them, which is 19 H. 7. Rot. 33. were returned into the Kings-bench upon several Writs of Habeas corpus, to have been committed and detained in the several Prisons whence they came per mandatum Domini Regis, & that upon that return they were committed to the Marshal of the Kings-bench; and that however it had been objected against those Precedents, that this kind of commitment was by the course of that Court, always done before the bailing of the Prisoner. Yet that it did not appear that they were bailed.  
The Reply to this Objection was, That by constant course of Kings-bench, whosoever came in upon Habeas Corpus, or otherwise upon any Writ in that Court, cannot be bailed until he be first committed to the Marshal of that Court; and that thence it was, that all those 4. were committed to the Marshal, as appears by the entry Qui committitur Mareschallo, etc. which is the usual entry in such a case, and that the Clerks of that Court acknowledge this course and entry to be most constant. So that all the inference that can be made out of these four, is, but, that four Prisoners being brought, from several Prisons by Habeas Corpus into the King-bench, and returned to stand committed per mandatum Domini Regis, were so far from being remaunded by the Law, that in all these four cases, they were partly first taken from the several Prisons, wherein they had been detained, by such a general command (which could not have been, if they had not been adjudged in every one of the cases to have been bailable by the Court) and that this commitment of them to the Marshal of the Kings-bench was the first step towards the bailing of them, as in all other cases. But that it appears not, that either they ever demanded to be bailed, or that they were able to find sufficient bail: And if they did not the one, or could not do the other, it may follow indeed that they were not bailed. But this commitment to the Kings-bench being the first step to the bailing of them, (as by the constant course it is) shows most plainly that they were bailable by the Law, which is the only thing in question. So that although these 4. Precedents were ranked among them, that may seem to make against the resolution of the House of Commons, which was done, both because they have this small colour in them for the other side, to any man that is acquainted with the nature and reasons of the entries, and courses of the Court of Kings-bench, and also all or some of them had been used in the late great case in the Kings-bench, as Precedents that made against the Liberty claimed by the subject; yet in truth, all 4. of them do fully prove their resolution, that is, they plainly show that the Court of Kings-bench in every of them resolved, that the Prisoners so committed were bailable, otherwise they had been remaunded, and not committed to the Marshal of the Kings-bench. And this was the Answer to the Objection made by Mr. Attorney upon those 4. Precedents, being all of the time of King Henry the seventh.  
The fifth of these 8. being Edward Pages case, in 7. H. 8. Rot. 23. Mr. Attorney objected thus, He said that Edward Page was committed to the Marshal-sea of the household, per mandatum Domini Regis ibidem salvo custodiendum, etc. Qui Committitur Marescallo, etc. Hospitii Domini Regis: by which it appeareth, as he said, that the Court remaunded him to the Prison of the Marshal-sea of the household: and he said, that whereas it had been objected at the first conference, that there was some mistaking in the entry; he conceived indeed that there was a mistaking, but it was that the Clerk had entered Committitur for remittitur, and that it should have been Qui remittitur Marescallo hospitii Domini Regis: for when ever they remaunded the Prisoner, Remittitur, and not Committitur should be entered. And that mistaking being so rectified and understood, he conceived it was a direct precedent against the resolution of the House of Commons.  
To this it was answered by the Gentlemen of the House of Commons, That there was no doubt indeed, but that a mistaking was in the entry by the Clerk, but that the mistaking was quite of another nature. The addition of those words, hospitii Domini Regis, was the mistaking, & the entry should have been, qui committitur Marescallo, etc. only; that is, he was committed to the Marshal of the Kings-Bench; & so indeed the force of this Precedent should be but just the same with the first four: But the ignorance of the Clerk that entered it, and knew not to distinguish between the Marshal of the household and the Marshal of the Kings-bench, was the cause of the addition of these words hospitii Domini Regis.  
And to confirm fully this kind of interpretation of that precedent, and of the mistaking of it, it was observed by the Gentlemen of the House of Commons, that there is in the Margin of the Roll an infallible Character that justifies as much. For by the course of that Court, whensoever a Prisoner is committed to the Marshal of the Kings-bench and not remaunded, the word Marescallo is written in the Margin by Marr. turned up; and that is never written there, but when the meaning and sense of the Entry is, that the Prisoner is committed to the Prison of the same Court. Now in this case Marr. in the Margin is likewise written: which most clearly shows that the truth of the Case was, that this Page was committed to the Marshal of the Kings-bench and not remaunded, which if it had been, neither could the entry have been Committitur, nor should the Margin of the Roll have Marescallo written in it.  
And thus they have answered Mr. Attorneys objection touching this Precedent, and concluded that now, besides the first four of the 8. they had another, and so 5. to prove that a Prisoner committed per mandatum Domini Regis, generally was bailable by the judgement of the Court, however it appears in these particulars that they were not bailed; which perhaps they were not, either because they prayed it not, or because they could not find sufficient bail.  
The 6. of these Precedents, being that case of Thomas Caesar's in the 8. jacobi Regis. Rot. 99 Mr. Attorney objected it thus; That Cesar being committed per mandatum Domini Regis to the Marshal-sea of the household, was returned upon Habeas Corpus to be so committed, and therefore detained in Prison, and that the entry is, Qui commitur prisonae Marescal. predict. by which it appears clearly that he was remaunded to the same Prison from whence he came.  
To this the Gentlemen of the House of Commons gave this answer: They said, that the usual entire of a Remittitur, when it is to show that the Court by way of judgement, or award upon resolution, or debate remaunds the Prisoner, is, remittitur quousque, etc. which is, Remittitur quousque secundum legem delibatus fuerit: but when they advise, or give way to the Keeper of the Prison to amend his return, or the like, than the entry is only remittitur generally, or remittitur prisonae predict. But it was indeed affirmed by Mr. Keeling, a Clerk of experience in that Court, that the entry of a remittitur generally, or remittitur prisonae predictae was indifferently used for the same, that is, remittitur quousque, etc. Yet it was expressly showed by the Gentlemen of the House of Commons, that there was sometimes a difference, and that so it might well be in this case. For in the last of these eight Precedents, which is Saltonstalls case, they observed that remittitur prisonae predictae is often used, and in that use it is plain that it is twice used only for a remaunding, during the time that the Court gave leave to the Warden of the Fleet to amend his return; which shows plainly, that though sometimes remittitur generally, and remittitur quousque, etc. may mean the same, yet sometimes it doth not. And that in this case of Caesar it doth not mean any other, but only so much as it doth twice in that of Saltonstalls case, was proved also by a rule of the Court, which was cited out of the rule book of the Court of Kings-bench, by which rule the Court expressly ordered, that unless the Steward and Marshal of the household did sufficiently return the Writ of Habeas Corpus for Caesar, that he should be discharged. The words of the rule are, Nisi predicti senescallus & Marescallus hospitii Domini Regis sufficienter returnaverint breve de Habeas Corpus Tho. Cesar die Mercurij proximae post quindenam sancti Martini, de prisona exonerabitur. And this was the opinion of the Court, that the Court was so far from remaunding him upon the return, that they resolved, that unless some better return were made, the Prisoner should be discharged of his first imprisonment, though it appeared to them out of the body of the return (upon which they were only to judge) that he was committed per mandatum Domini Regis only: And the rule not only shows the opinion of the Court then to have been agreeable with the resolution of the House of Commons, but also proves that Remittitur generally, or Remittitur prisonae predictae doth not always imply or remaunding upon judgement or debate. And this answer was given to this of Caesar's Case, that is the sixth of this Number.  
The seventh is the Case of james Demetrius. It was 12 jacobi Rot. 153. Mr Attorney objected that this Demetrius and divers others being Brewers, were committed per consilium Domini Regis to the Marshal-sea of the household, and that upon the commitment so generally returned they were remaunded, and that the Entry was immediate remittitur prefato Marescallo hospitii predicti; where he observed that immediate shows that the Judges of that time were so resolved of this Question, that they remaunded them partly, as men that well knew what the Law was herein.  
Here unto the Gentlemen of the House of Commons gave these answers. First, that the Remittitur in this Case is but as the other in Caesar's, and so proves nothing against them. Secondly, that immediate being added to it, shows plainly that it was done without debate, or any argument or consideration had of it, which makes the authority of the precedents to be of no force in point of Law; for Judgements and Awards given upon delibration only and debate, are Proofs and Arguments of weight, and not any sudden Act of the Court without debate or deliberation. And the Entry of immediate being proposed to Mr. Keeling, it was confirmed by him, that by that Entry it appears by this course, that the remaunding of him was the self same day he was brought, which as it was said by the Gentlemen of the House of Commons, might be at the rising of the Court, or upon advisement, and the like. And this answer was given to this precedent of the Brewers.  
The last of the 8. which Mr. Attorney objected is Saltonstals Case in the 13. jacobi Regis. He was committed per mandatum Dominorum Regis de privato Consilio: and being returned by the Warden of the Fleet to be so, remittitur prisonae predictae, and in the 13. jac in the same year remittitur generally in the Roll: and these two make but one Case, and are as one precedent.  
To this the Gentlemen of the House of Commons answered, that it is true, the Rolls have such Entries of remittitur in them generally, but that proves nothing upon the reason before used by them in Caesar's Case. But also Saltonstall was committed for another cause besides per mandatum Dominorum Consilii, for a contempt against an order in Chancery, and that was in the return also. And besides, the Court as it appears in the Record, gave several days to the Warden of the Fleet to mend his return; which they would not have done, if they had conceived it sufficient, because that which is sufficient needs no amendment.  
To this Mr. Attorney replied, that they gave him a day to amend his return, in respect of that part thereof that concerned the order in Chancery, and not in respect of that which was per mandat. Concilij.  
But the gentlemen of the house of Commons answered, That it appears not any where, nor indeed is it likely at all, nor can be so reasonably understood, because if the other return per mandatum Concilij had been sufficient by itself, it appears fully that the Court conceived the return to be insufficient.  
And so the gentlemen of the Commons house concluded, that they had a great number of precedents besides the Acts of Parliament, and reasons of Common Law, agreeable to their resolution, and that there was not one precedent at all that made against them, but indeed, that almost all that were brought, as well against them as for them (if rightly understood) made fully to the maintenance of their resolution; and that there was not one example or precedent of a Remittitur in any kind upon this point, before that of Caesar's Case, which is before cleared with the rest, and is but of late time, and of no moment against the resolution of the house of Commons.  
And thus for so much as concerned the precedents of Record, the first day of the conference desired by the Lords ended.  
The next day they desired another conference which the house of Commons; at which it pleased the Committee of both houses to hear Mr Attorney again, to make what Objection he would against other parts of the Arguments formerly delivered by the house of Commons. He then Objected against the Acts of Parliament and against the reasons of Law: and his Objections to these parts were answered, as appears in the answers by order given into the house of Commons by the gentlemen that made them. He Objected also upon the second day against that second kind of precedents, which are resolutions of Judges in former times, and not of Records, and brought also some other Testimonies of opinions of Judges in former times touching this point.  
First, for that resolution of all the Judges in England in 34. of Queen Eliz. mentioned and read in the Arguments made at the first conference, he said, That it was directly against the resolution of the House of Commons, and observed the words of it to be in one place, that Persons so committed by the King or the Council may not be delivered by any of the Courts, etc. and in another, that if the Cause were expressed either in generality, or speciality, it was sufficient: and he said that the expressing of a cause in generality, was to show the Kings, or Counsels Command. And to this purpose he read the whole words of that resolution of the Judges. Then he Objected also that in a report of one Ruswells Case in the Kings-bench, in the 13. jac. he found, that the opinion of some Judges of that Court (Sr. Edward Coke being then Chief Justice and one of them) was, that a Prisoner committed per mandatum Domini Regis, or privati Consilii, without cause shown, and so returned, could not be bailed, because it might be matter of State, or Arcanum Imperii, for which he stood committed. And to this also he added an opinion that he found in a Journal of the House of Commons of the 13. jac. wherein Sr. Edward Coke speaking to a Bill preferred for the explanation of Magna Charta touching imprisonment, said in the House, That a Prisoner so committed could not be enlarged by the Law, because it might be Matter of State for which he was committed. And among these Objections of other nature also, he spoke of the confidence that was showed in behalf of the House of Commons; & he said, that it was not confidence could add any thing to the determination of the question; but if it could, that he had as much reason for the other side against the resolution of the House, grounding himself upon the force of his Objections, which (as he conceived) had so weakened the Argument of the Commons House, that notwithstanding any thing yet Objected, they were upon clear reason confident of the truth of their first resolution, grounded upon so just examination and deliberation taken by them. And it was observed to the Lords also, that their confidence herein was of another nature, and far greater weight than any confidence that could be expressed by Mr. Attorney, or whomsoever else, being of his Majesty's Council learned.  
To which purpose the Lords were desired to take into their Memory the difference between the present quality of the Gentlemen that spoke in behalf of the House of Commons, and of the King's learned Council in their speaking there, howsoever accidentally they were both men of the same profession. For the King's Council spoke as Council perpetually retained by Fee, and if they made glosses and and what advantageous Interpretations soever, for their own part they did but what belonged to their place and quality, as Mr. Attorney had done: But the Gentlemen that spoke in behalf of the House of Commons, came there bound on the one side by the trust reposed in them by their Country that sent them, and on the other bound also by an Oath taken by every of them before they sit in the House, to maintain and defend the rights and prerogatives of the Crown. So that even in the point of confidence alone, that of them that spoke as retained Council by perpetual Fee, and might by their place, being permitted to speak, say what they would; and that of them that spoke as bound to nothing but truth, but by such a trust and such an Oath, were no way to be so compared, or Counterpoised, as if the one of them were of no more weight than the other.  
And then the Objections before mentioned were also answered. For that of the resolution of all the Judges of England in 34. Eliz. It was showed plainly, it agreed with the resolution of the House of Commons. For although indeed it might have been expressed with more perspicuity, yet the words of it, as they are, sufficiently show that the meaning of it is no otherwise. To that purpose, besides the words of the whole frame of this resolution of the Judges, as it is in the Copy transcribed out of the Lord Chief Justice anderson's book, written in his own hand (which book was there offered to be showed also in behalf of the House of Commons.) It was observed that the Records of the first part of it show plainly, that all the Judges of England then resolved that the Prisoners, spoken of in the first part of their resolution, were only Prisoners committed with cause shown, for they only said they might not be delivered by any of the Courts, without due Trial by Law and Judgement of acquital had; which shows plainly that they meant, that by trial and acquital they might be delivered: but it is clear that no trial, or acquital can be had where is not some cause laid to their charge, for which they ought to stand committed. Therefore in that part of the resolution, such Prisoners are only meant, as are committed without cause shown, which also the Judges in that resolution expressly thought necessary, as appears in the second part of the resolution, wherein they have these words, If upon Return of the Habeas Corpus the cause of their commitment be certified to the Judges, as it ought to be, etc. by which words they show plainly that every return of a commitment is insufficient that hath not a cause showed of it.  
And to that which Mr. Attorney said, as if the cause were sufficiently expressed in generality, if the King's Command, or the Counsels were expressed in it; and as if that were meant in the resolution for a sufficient general cause: it was answered, That it was never heard of in Law, that the power, or Person that committed the Prisoner was understood for the Causa captionis, or Causa detentionis, but only the reason why that Power, or Person committed the Prisoner: as also in common speech, if a man ask why and for what cause a man stands committed, the answer is not, that such a one committed him, but his offence, or some other cause is understood in the question, and is to be showed in the Answer. But to say that such an one committed the Prisoner, is an answer to the question who committed him, and not why, or for what cause he stands committed.  
Then for that of the Copy of the Report of 13. jac. shown forth by Mr. Attorney, it was answered, That the Report itself, which had been before seen and perused among many other things at a Committee made by the House, was of sleight, or no Authority; for that it was taken by one, that was at that time a young Student only, and was a Reporter in the Kings-bench; and there was not any other Report to be found that agreed with it.  
Secondly, although the Reports of young Students when they take the words of Judges, as they fall from their mouth at the Bench, and in the Person and form as they are spoken, may be of good credit; Yet in this Case there was not one word so reported; but in truth, there being three Cases a time in the Kings-bench, one Ruswell, and one Allen, and one Saltonstall, every of which had something of like nature in it; the Student having been present in the Court, made up the form of one Report, or Case, out of all those three, in his own words, and so put it into his book; so that there is not a word in the Report but is framed according to the Students fancy, as it is written, and nothing is expressed in it as it came from the mouth of the Judges, otherwise then his fancy directed him.  
Thirdly, there are in the Report plain falsehoods of Matter of Fact, which are to be attributed either to the Judges, or to the Reporter. It is most likely by all reason that they proceeded from the Reporters fault: but however those Matters of falsehood show sufficiently, that the credit of the rest, is of slight value for the purpose.  
It is said in the Report that Harecourt being committed by the Council, was bailed in 40. Eliz. upon a privy Seal or a Letter, where as there was no such thing in truth. And it is said there, that no such kind of Letters are filled there in any case whatsoever. That resolution of the Judges in 34. is miscited there, and in 36. of Queen Eliz. and it is said there that by that resolution, a Prisoner returned to be committed by the command of the Council, might not at all be delivered by the Court: whereas no such thing is comprehended in in that resolution.  
But that which is of most moment is, that howsoever the truth of the report were, yet the opinion of the Judges, being sudden without any debate, had of the case, is of sleight moment. For in difficult points especially, the gravest and most learned men living may on the sudden let fall, and that without disparragement to them, such opinions as they may well, and aught to change upon further enquiry and examination, and full debate had before them, and mature deliberation taken by them. Now plainly in that case of the 13. jacob. there is not so much as pretence of any debate at Bar, or Bench. All that is reported to have been, is reported as spoken upon the sudden: and can any man take such a sudden opinion to be of value, against solemn debates and mature deliberation since had of the point, and all circumstances belonging to it? which have within this half year been so fully examined and searched into, that it may well be affirmed, that the learned'st man whatsoever, that hath now considered of it, hath within that time, or might have, learned more reason of satisfaction in it, than ever before he met with. Therefore the sudden opinions of any Judge to the contrary, is of no value here. Which also is to be said of that opinion obviously delivered in the Commons House, 18. jac. as Mr. Attorney objected out of the Journal book of the House.  
But besides, neither was the truth of that report of that opinion in the Journal any way acknowledged; For it was said in behalf of the House of Commons, that their Journals were for matter of order and resolutions of the House, of such Authority as that they were as their Records; but for any particular Man's opinion noted in any of them, it was so far from being of any Authority with them, that in truth no particular opinion is at all to be entered in them: and that their Clerks offend when ever they do the contrary. And to conclude, no such opinion whatsoever can be sufficient to weaken the clear Law, comprehended in these resolutions of the House of Commons, grounded upon so many Acts of Parliament, so much reason of Common Law, and so many Precedents of Record, and the resolution of all the Judges of England, and against which no Law written, not one Precedent, not one reason hath been brought that makes any thing to the contrary.  
And thus to this purpose ended the next day of the Conference desired by the Lords, and had by a Committee of both Houses.  

The Proceed against the Earl of SUFFOLK. 14. April 1628.  
MR. Kerton acquainted the House how that the Earl of Suffolk had said to some Gentlemen, that Mr. Selden had razed a Record, and deserved to be hanged for going about to set division betwixt the King and his Subjects. And being demanded to whom the words were spoken, he was unwilling to name any, till by question it was resolved he should nominate him. He then named Sr. john Strangwaies; who was unwilling to speak what he had heard from the Earl: but being commanded by the House, and resolved by question, he confessed.  
That upon Saturday last he being in the Committee Chamber of the Lords, the Earl of Suffolk called him unto him, and said, Sir john, will you not hang Selden. To whom he said, for what? The Earl replied; By God he hath razed a Record, and deserves to be hanged.  
This the House took as a great injury done to the whole House, Mr. Selden being employed by them in the conference with the Lords in the great cause concerning the Liberty of the Persons of the Subjects.  
The House presently sent Sr. Robert Philip's with a message to the Lords to this effect; He expressed the great care the Commons had upon all occasions to maintain all mutual respect and correspondency betwixt both Houses: Then he informed them of a great injury done by the Earl of Suffolk to the whole house, and to Mr. Selden a particular Member thereof, who by their Command had been employed in the late conference with their Lordships: That the House was very sensible thereof: and, according to former Precedents, made them truly acquainted with it, and demanded Justice against the Earl of Suffolk: he read the words, saying, they were spoken to Sir john Strangwayes, a Member of their House.  
After a short stay the Lords called for the Messenger, to whom the Lord Keeper gave this Answer; He signified the great desire and care of their Lordships to maintain and increase the correspondencies betwixt both Houses, and as a Testimony thereof they had partly taken into consideration the charge: That the Earl of Suffolk, being a Man of great place and Honour, had voluntarily protested upon his Honour and Soul, that there passed no such words as those from him to Sr. john Strangwayes: And the Lord Keeper wished that their Lordship's speedy proceed in this business, might testify their love and good will to the Commons House.  
The next day, being the 15. of April, Sr. john Strangwayes made a Protestation openly in the House, wherein he avowed that (notwithstanding the Earls denial) he did speak those words positively unto him, and would maintain it any way fitting a Member of that House, or a Gentleman of Honour.  
They ordered that this Protestation should be entered into the Journal book, and that a Committee should take into consideration what was fit for the House to proceed to for the justification of Sr. john Strangwayes, and what was fitting to be done in this Case, and to examine Witness of the proof of the words.  
Upon the 17. day Sr. john eliot reported what the Committee had done. That they had sent for and examined Sr. Christopher Nevil; who related, that upon Saturday being in the Lord's Committee Chamber, the Earl of Suffolk said thus to him: Mr. Attorney hath cleared the business, and hath made the cause plain on the King's side; and further said, Mr. Selden hath razed a Record, and hath deserved to be hanged, and the Lower House should do well to join with the Higher in a Petition to the King to hang him; and added as a reason: For Mr. Selden went about, and took a course to divide the King from his people: or words to that effect. And being asked whether he conceived that those words of dividing the King from his people, had relation to the whole and general action of Mr. Selden before the Lords, or to the particular of razing a Record; he conceived they were referred to the general action.  
They had examined one Mr. Littleton, who confessed he heard the Earl of Suffolk speak to a Gentleman, whom he knew not, words to this affect, viz. That he would not be in Mr. Seldens Coat for 10000 l. and that Mr. Selden deserved to be hanged.  
The second part of this Report concerned the particular of Sr. john Strangwayes, wherein though the Committee found no Witness to prove the words spoken to Sr. john Srangwayes, yet there were many circumstances which persuaded them of the truth thereof.  

1. That the same words in the same syllables were spoken to Sr. Christopher Nevil, and that the Earl as he called to him Sr. john Strangwayes, so he called to him Sr. Christopher Nevil.  
2. That the Earl of Suffolk called Sr. john Strangwayes to him and spoke to him, was proved by Sr. George Fane, and Sr. Alexander Sr. john, at which time the Earl seemed full of that which he delivered.  
3. That Sr. john Strangwayes instantly after his discourse with the Earl of Suffolk went to the Earl of Hartford, and delivered him the passages betwixt them, being the same related in the house.  
4. From the unwillingness of Sr. john Strangwayes, though called upon by the House, to testify against the Earl, till it was resolved by question he should do it: from a probability, that had not these words been spoken to himself, it is like he would have produced Sr. Christopher Nevil, from whom he also heard the same.  
5. From the worth of the Gentleman, and his ingenious protestation in the House, That he was ready to justify the truth of what he said in any course the House should think meet, or was fit for a Gentleman of Honour.   
Hereupon the House resolved by question.  

1. That the Earl of Suffolk, notwithstanding his denial, had laid a most unjust and scandalous imputation upon Mr. Selden, a Member of the House, being employed in the service of the House, and therein upon the whole House of Commons.  
2. That this House upon due examination is fully satisfied that Sr. john Strangwayes, (notwithstanding the Earl of Suffolk's denial) hath affirmed nothing but what is most true and certain.  
3. That these particulars and additions be again presented to the Lords, and the Earl of Suffolk newly charged at the Bar, and the Lords desired to proceed in Justice against the Earl, and to inflict such punishment upon him as an offence of so high a nature, being against the House of Commons, doth deserve.   
Sr. john eliot was partly sent with the Message to the Lords; who after a while returned this answer, That they had taken the Message into consideration, and would further take it into due consultation, and in convenient time would return an answer by Messengers of their own.   

Several Speeches made at the debates concerning the KING'S Propositions for supply.  

Mr. ALFORD.  
THat to answer punctually to every Article, was but to discover the King's wants, which is neither safe nor fit, as the world now goes; nor is it good for him to ask more than we can give, nor for us to offer disproportionably: withal it might draw to a precedent for the Subjects to make and maintain Wars.   

Sr. ROBERT MAUNSELL.  
IT had been much better for us to have taken care for these provisions 3. years since. His desire is not to have the Commons overburdened. That 7. of these Propositions are not to be neglected, viz. The safe guarding of the Coasts, The defence of the Elve, The defence of Rochel, The increasing of the Navy, The repairing of the Forts, The discharge of the Arrears of Merchant's ships, and the defence of the King of Denmark: the other to be delayed to our next meeting at Michalmas.   

Sr. FRANCIS SEYMOUR.  
THat as supply is desired, so are we met for that purpose; but if by those late courses we be disabled, than he is not to expect it from us: our greatest grievances being his Majesty's pressing wants; two subsedies formerly given, and five forcibly and unadvisedly taken, are great motives not to be too forward. That we have too hastily drawn two great Enemies upon us, and all this done by men of small, or no judgement.   

Sr. PETER HAYMAN.  
THat vast Propositions are delivered to us in show, which he desires he may give an Estimate of, that first brought them in.   

Mr. PYMM.  
THat in no Case it is fit to examine the Propositions, especially of the Arrearages of the Merchant ships, and for preparation of the foreign Wars.   

Secretary COKE.  
THat three things especially are to be taken into consideration; the defence of Rochel, the Elve, and the Forts. He persuades 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 King's heart, which he adviseth we make good use of.   

Sr. DUDLEY 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 safeguarding 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. JOHN eliot.  
THat our late disasters at Calis & Reez might discourage us from thinking of foreign attempts. At Calis, when we neglected the taking of the Spanish Fleet in the Harbour, nothing attempted at our landing but drinking and disorder, no good account given at the return. Concerning service at S. Martin's, the whole account carried against the Judgement of the best Commanders, which makes all the World despise and condemn us, besides the enriching of the Enemy with kindnesses, 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 always home Victories both against France and Scotland, his 4. reasons of it were, 1. Good Council, 2. Valiant Leaders, 3. Timely provision, 4. Good employment and forecast. And likewise in Ric. 2. Hen. 4. Hen. 5. He desires to give plentifully, and that in gross, not to examine the particulars, alleging 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 Precedent. 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 Island the defensive War is best and most proper. To conclude, our gift in gross will serve best with these times, for by that course we shall seem to allow all the Propositions, and except against none.   

Sr. THOMAS WENTWORTH.  
THat he will look after the Island of England and no further, except our Fortunes were better. That as he is bound in duty to the King, so in faithful love to his Country. That our freedom and Liberty being known and granted, we then may proportion our gift. His conclusion was, that the final debate of this question may be laid aside until Friday, and in the mean time go on with our grievances.   

Sr. HENRY MARTIN.  
NOt to dash the Ship of the Commonwealth twice upon one Rock. The disease that we are now sick of, is the King's 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 intent to give; and so by this freeness we shall win the King's heart.   

Mr. KERTON.  
HE desires to know the Rock, to the end we may avoid it; and not to go back, but forward in our conclusion.   

Sr. ROBERT PHILIPS.  
HIs good hopes are in his Majesty's royal care and wisdom. That the free and great Council is the best: but time and hope of change is coming towards us; Rome and Spain trench deeply into our Counsels. 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 than the Country could bear, they gave him a purse with a knife in it.   

Sergeant 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 desires may not be separated, for by presenting them together, they shall be both taken, or both refused.    

Sergeant ASHLEYS' Argument, seconding Mr. ATTORNEY, in the behalf of his MAJESTY.  
I Hope it will be neither offensive nor tedious to your Lordships, if I said somewhat to second Mr. 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 enforced 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 than 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 Mr. Attorney, it is most clear that by the ancient Law of the Land a Constable might ex officio, without any Warrant, Arrest 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 Felon without Writ, or Warrant, or pursue him as a Wolf, and as a common enemy to the Commonwealth, as the Book is 14. H. 8. fol. 16. So might any one arrest a Nightwalker, 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 than take him Shrief, or take him Marshal, or Warden of the Fleet. And the Adversaries will not deny, but if the King will allege 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 Lawful commitment without Process. Wherefore I do positively and with confidence affirm, that if the imprisonment be Lawful, whether it be by Process, or without Process, it is not prohibited by the Law.  
Which being granted, than the question will aptly be made, whether the King or Council may commit to Prison per legem terrae were only that part of the Municipal Law of this Realm, which we call the Common Law: for there are also divers Jurisdictions in this Kingdom which are also so reckoned the Law of the Land.  
As in Kendrick's Case in the report, fol. 8. the 1. Ecclesiastical Law is held the Law of the Land, to punish Blasphemies, Schisms, Heresies, Simony, Incest, and the like, for a good reason there rendered, viz. That otherwise the King should not have power to do Justice to his Subjects in all Cases, nor to punish all Crimes within his Kingdom.  
The Admiral's Jurisdiction is also Lex terrae, for things done upon the Sea: but if they exceed their Jurisdiction, a prohibition is awarded upon the Statute of nullus liber homo; by which appears that the Statute is in force, as we have acknowledged.  
The Martial likewise, though not to be exercised in times of peace, when recourse may be had to the King's Courts, yet in times of invasion, or other times of Hostility, when an Army Royal is in the field, and offences are committed, which require speedy reformation, and cannot expect the solemnity of legal Trials; then such imprisonment, execution, or other Justice done by the Law Martial is Warrantable, for it is then the Law of the Land, and is Ius gentium, which ever serves for a supply in the defeat of the Common Law, when ordinary proceeding cannot be had.  
And so it is also in the case of the Law of the Merchant, which is mentioned 13. E. 4. fol. 9.10. where a Merchant stranger was wronged in his goods, which he had committed to a Carrier to convey to Southampton, and the Carrier embezzled some of the goods; for remedy whereof the Merchant sued before the Council in the Star-Chamber for redress. It is there said thus, Merchant strangers have by the King safe conduct for coming into this Realm: therefore they shall not be compelled to attend the ordinary Trial of the Common Law, but, for expedition, shall sue before the King's Council, or in Chancery, de dic in diem & de horâ in horam: where the Case shall be determined by the Law of Merchants.  
In the like manner it is in the Law of State; when the necessity of State requires it, they do and may proceed to natural equity; as in those other Cases where the Law of the Land provides not, there the proceeding may be by the Law of natural equity: and infinite are the Occurrences of State unto which the Common Law extends not. And if these proceed of State should not also be accounted the Law of the Land, than we do fall into the same inconveniency mentioned in Cawdries Case, that the King should not be able to do Justice in all Cases within his own Dominions.  
If then the King nor his Council may not Commit, it must needs follow, that either the King must have no Council of State, or having such a Council, they must have no power to make Orders, or Acts of State; Or if they may, they must be without means to compel obedience to those Acts; and so we shall allow them Jurisdiction, but not compel obedience to those Acts, but not correction, which will be then as fruitless as the Command. Frustra potentia quae nunquam redigitur in statutum. Where as the very Act of Westminster first, shows plainly that the King may commit, and that his commitment is lawful, or else that Act would never have declared a man to be irreprieveable when he is committed by the Command of the King, if the Lawmakers had conceived that his commitment had been unlawful. And Divine truth informs us, that the Kings have their power from God, the Psalmist calling them the children of the most High; which is in a more special manner understood then of other men, for all the Sons of Adam are by election the Sons of God, and all the Sons of Abraham by recreation, or regeneration, the Children of the most High, in respect of the power which is committed unto them, who hath also furnished them with ornaments and arms fit for the exercising of that power, and hath given them Sceptres, Swords, and Crowns: Sceptres to vestitute and Swords to execute Laws, and Crowns, as Ensigns of that power and dignity, with which they are invested: shall we then conceive that our King hath so far transmitted the power of his Sword to inferior Magistrates, that he hath not reserved so much Supreme power, as to commit an Offender to prison? 10. H. 6. fol. 7. It appears that a Steward of a Court Lect may commit a man to prison, and shall not the King from whom all inferior power is deduced have power to commit? We call him the fountain of Justice, yet when these streams and rivulets, which flow from that Fountain come fresh and full, we would so far exhaust that Fountain, as to leave it dry, but they that will admit him so much power do require the expression of the cause: I demand whether they will have a general cause alleged, or a special; if general as they have instances for Treason, Felony, or for Contempt, for to leave fencing and to speak plainly as they intent it, If loan of money should be required and refused, and thereupon a commitment ensue, and the cause signified to be for a contempt, this being unequal inconvenience from yielding the remedy is sought for the next Parliament: would be required the expression of the particular cause of the commitment: Then how unfit would it be for King or Council in Cases to express the particular Cause, it's easily to be adjudged when there is no State, or policy of government, whether it be Monarchal, or of any other frame, which have not some secrets of State, not communicable to every vulgar understanding.  
I will instance but one, If a King employ an Ambassador to a Foreign Country of States with instructions for his Negotiation, and he pursue not his instructions, whereby dishonour and damage may ensue to the Kingdom, is not this commitment?  
And yet the particular of his instruction and the manner of his miscarrying is not fit to be declared to his Keeper, or by him to be certified to the Judges, where it is to be opened and debated in the presence of a great audience.  
I therefore conclude for offences against the State in Case of State Government, the King and his Council have lawful power to punish by imprisonment without showing particular cause, where it may tend to the disclosing of State-Government. It is well known to many that know me, how much I have laboured in this Law of the Subjects Liberty very many years before I was in the King's service, and had no cause then to speak, but to speak ex animo, yet did I then maintain and publish the same opinion which now I have declared concerning the King's Supreme power in matters of State, and therefore can not justly be censured to speak at this present only to merit of my Master, But if I may freely speak my own understanding, I conceive it to be a question too high to be determined by any legal direction, for it must needs be an hard case of contention, when the Conqueror must sit down with irreparable losses, as in this Case: If the Subject prevails he gains Liberty, but looseth the benefit of that State-Government, by which a Monarchy may soon become an Anarchy, or if the State prevails, it gives absolute Sovereignty but looseth Subjects: not their subjection, for obedience we must yield, though nothing be left us but prayers and tears, but yet looseth the best part of them which is their affections whereby Sovereignty is established: and the Crown formerly fixed on his Royal head, between two such extremes there is not way to moderate, but to find a medium for the accommodation of the difference, which is not for me to prescribe, but only to move your Lordships to whom I submit.  
After Mr. Serjeant his speech ended, my Lord Precedent said thus to the Gentlemen of the House of Commons. That though at this free conference, Liberty was given by the Lords to the King's Council to speak what they thought fit for his Majesty, Yet Mr. Serjeant Ashley had no Authority, or direction from them to speak in that manner he hath done.   

Mr. NOYE his Argument the 16. of April 1628.  
HE offered an answer to the inconveniences presented by Mr. Attorney, which were 4. in Number.  
First where it was objected that it was inconvenient to express the cause for fear of divulging Arcana Imperii, for hereby all may be discovered and abundance of Traitors never brought to Justice.  
To this that Learned Man answered.  
That the Judges by the intention of the Law are the King's Council, and the secrets may safely be committed to all, or some of them who might advise whether they will bail him, and here is no danger to King, or subjects, for their Oath will not permit them to reveal the secrets of the King, nor yet to detain the Subjects long, if by Law he be to be bailed.  
Secondly, for that Objection of the Children of Odonell, he laid this for a ground, that the King can do no wrong, but in Cases of extreme necessity, we must yield sometimes for preservation of the whole State ubi unius damnum utilitate publica rependitur, he said there was no trust in the Children of Traitors, no wrong done if they did tabe facere, or marcesere in Carcere. It is the same Case of necessity as when to avoid the burning of a Town, we are forced to pull down an honest man's House, or to compel a man to dwell by the Seaside for defence, or fortitude. Yet the King cannot do wrong, for potentia juris est non injura: Ergo the Act of the King though to the wrong of another is by the Law made no wrong, as if he commanded to be kept in Prison, yet he is responsal for his wrong, he quoted a book, 42.6. Ass. Port.  
Thirdly, the instance made of Westminster. First he said there was a great difference between those 3. Mainprize, Bail, and Replevin: The Statute saith a man cannot be repleived: Ergo not bailed non sequitur, Maniprize under pain, Bail body for body, no pain ever in Court to be declared, Replevin neither by surety nor bail of Replevin never in Court, the Statute saith a man cannot be Repleived: Ergo not bailed non sequitur.  
Fourthly, where it is said that bail is ex gratia, he answers, that if the Prisoner comes to Habeas Corpus, than it is not ex gratia, Yet the Court may advise, but mark the words ad subjiciendum & recipiendum prout Curia consideraverit, now it is impossible the Judges should do so, if no cause be expressed, for it they know no cause, he may bring the 1.2.3. and fourth Habeas Corpus, and so infinite till he find himself a perpetual Prisoner, so that no cause expressed is worse for a man, than the greatest cause or Villainy that can be imagined, and thus far proceeded that learned Gentlemen.   

Mr. GLANVILES' Argument.  
HE said that by favour of the House of Commons he had liberty to speak, if opportunity were offered, he applies his answer to one particular of Mr. Attorney who assigned to the King 4. great trusts, (1.) of War, (2.) Coins, (3.) Denizens, (4.) Pardons; Is assented unto, that the King is trusted with all these 4. legal Prerogatives, but the Argument followeth not, the King is trusted with many Prerogatives: Ergo in this non sequitur non est sufficiens enumeratio partium, he said he could answer these particulars with 2. rules, whereof the first should wipe of the first and the second, and the other, the third and fourth.  
The first rule is this, there is no fear of trusting the King with any thing, but the fear of ill Council, the King may easily there be trusted where ill Council doth not engage both the King and Subjects, as it doth in matter of War and Coin, If he miscarry in the Wars, it is not always pecuum Achiro, but he smarts equally with the people, If he abase his Coin, he looseth more than any of his people: Ergo he may safely be trusted with the flowers of the Crown, War, and Coin.  
The second rule he began was this, when the King is trusted to confer grace, it is one thing, but when he is trusted to infer an injury it is another matter: The former power cannot by miscouncelling be brought to prejudice another, The latter may if the King pardoneth a guilty Man he punisheth not a good subject, if he denizen never so many strangers it is but damnum sine injuria, we allow him a liberty to confer grace, but not without cause to infer punishment; and indeed he cannot do injury, for if he command to do a Man wrong the command is void & alter fit Author, and the Actor becomes the wrong doer. Therefore the King may be safely trusted with War, Coin, Denizens, and Pardons, but not with a power to imprison without expression of Cause, or limmitation of time, because as the Poet tells us Libertas potius auro.   

The Answer of the Judges for matter of Fact upon the HABEAS CORPUS, 21. April.  
THe Chief Justice saith, they are prepared to obey our Command, but they desire to be advised by us, whether they being sworn upon penalty of forfeiting Body, Lands, and Goods, into the King's hands to give an account to him, may without Warrant do this.  
The Duke said he had acquainted the King with the business, and for aught he knoweth he is well content therewith. But for better assurance he hath sent his brother of Anglesey to know his pleasure.  
Devonshire saith, if a complaint be made by a mean Man against the greatest Officer in this place, he is to give an account of his do to this House.  
Bishop of Lincoln saith, this motion proceeded from him, and so took it for clear, that there was an appeal from the Chancery to a higher Court than the Kings-bench, and in that Court hath ever given an account of their do.  
The Lord Say saith, he wondered there should be any question made of this business, because in his opinion this being the highest Court did admit of no appeal. The Precedent said the Judges did not do this by way of appeal, but as the most common way for them, this being a matter concerning the King's prerogative: Lord Say saith, if they will not declare themselves, we must take into consideration the point of our privilege.  
The Duke saith, this was not done by the Judges as fearing to answer, but of respect to the King. And now his brother was come with answer from the King, that they might proceed.   

Order was taken that this passage should not be entered into the Journal Book, and so Judge WHITLOCK spoke.  
MY Lords we are by your appointment here ready to clear any aspersion of the House of Commons in their late presentment upon the Kings-bench, that the Subject was wounded in this Judgement there lately given. If such a thing were my Lords, your Lordships, not they have the power to question and Judge the same, But my Lords I say there was no Judgement given whereby either the prerogative might be enlarged, or the eight of the subject trenched upon. It is true my Lords, in Michaelmas Term last four Gentlemen petitioned for a Habeas Corpus, which they obtained, and Council was assigned unto them, the return was per spialem mandatum Domini Regis, which likewise was made known unto us under the hands of eighteen privy Counsellors. Now my Lords, if we had delivered them presently, upon this, it must have been, because the King did not show cause, wherein we should have judged the King had done wrong, and this is beyond our knowledge, for he might have committed them for other matters than we could have imagined. But they might say thus, they might have been kept in Prison all their days, I answer no, but we did remit them, that we might better advise of the matter, and they the next day might have had a new Writ, if they had pleased, but they say, we ought not to have denied bail, I answer, if we had done so, it must needs have reflected upon the King that he had unjustly imprisoned them, and it appears in Dyer. 2. Eliz. that divers Gentlemen being committed, and requireing Habeas Corpus, some were bailed, others remitted, whereby it appears, much is left to the discretion of the Judges.  
For that which troubleth so much remittitur quousque, this my Lords was only, (as I said before) to take time what to do, and whereas they will have a difference betwixt remittitur and remittitur quousque, my Lords I confess I can find none, but these are new inventions to trouble old Records. And herein my Lords we have dealt with knowledge and understanding, for had we given a Judgement, the party must thereupon have rested, every Judgement must come to an issue, in matter, in fact, or demur in point of Law, here is neither, therefore no Judgement.  
For endeavouring to have a Judgement entered, it is true, Mr. Attorney pressed the same for his Master's service, but we being sworn to do right betwixt the King and his subjects commanded the Clerk to make no entry, but according to the old form, and the rule was given by the Chief Justice alone. I have spent my time in this Court, and I speak confidently, I did never see nor know by any Record that upon such a return as this, a man was bailed, the King not first consulted with in such a Case as this.  
The Commons House do not know what Letters and Commands we receive, for these remain in our Court, and were not viewed by them, for the rest of the Matters presented by the House of Commons they were not in agitation before us, whether the King may commit and how long he may detain a man committed, therefore having answered so much as concerneth us, I desire your Lordship's good constructions of what hath been said.  

judge JONES  
SAid he was here to deliver before us what judgement was given before them concerning the Habeas Corpus, he answered, no Judgement was given, and the Matter of Fact was such as my brother delivered unto you yesterday. These 4. Gentlemen were committed to the Fleet-Gate-House and Marshal of the King's household. 4. Returns were made upon the Writs, and every one of them had a Counsellor appointed, who had Copies of the Returns. A rule was granted, their Council heard, and exception taken to the Return, because it did not show cause of their caption.  
These were of no force in the opinion of the Judges, the next exception was, because no cause of their commitment was showed, which the Judges held to be all one in point of Law. Then my Lords, they alleged many Precedents and Statutes of themselves, which the King's Attorney answered. That Persons committed by the King, or Council were never bailed, but his pleasure was first known.  
We agreed at the Chamber of the Chief Justice that all the Statutes alleged are in force, but whether we should bail them or no, was the question, therefore we remitted them quousque. After which Mr. Attorney required a Judgement might be entered, I commanded the Clerk he should not suffer any such thing to be done, because we would be better advised.  
But some will say our Act is otherwise, I answered no, for we have done no more than we do upon ordinary Writ, when we purpose to be better advised, and that was only an interlocutory order. But my Lords put the case a Habeas Corpus should be granted for one that is committed by the House of Commons, would they (think you) take it well he should be bailed at his first coming to the Court? I think they would not, and I think the King would have done so in this case, now my Lords, there is a Petition of Right, and a Petition of Grace, to be bailed is a matter of Grace, therefore if a man be brought upon an Habeas Corpus, and not bailed, he cannot say the Court hath done him any wrong. I have now served seven years' Judge in this Court, and my conscience beareth me witness that I have not wronged the same, I have been thought sometimes too forward for the Liberty of the Subject. I am myself Liber homo, my Ancestors gave their voice with Magna Charta. I enjoy that House still, which they did, I do not now mean to draw down God's wrath upon my posterity, and therefore I will neither advance the King's prerogative, nor lessen the Liberty of the Subject to the danger of either King, or People, this is my profession before God and your Lordships.   

judge DODDERIDGE  
SAith it is no more fit for a Judge to decline to give an account of his do, then for a Christian of his Faith. God knoweth, I have endeavoured always to keep a good conscience, for a troubled one, who can bear, the Kingdom holds of none but God, and Judgements do not pass privately in Chambers, but public in Court, where every one may hear, which causeth Judgement to be given with maturity. Your Lordships have heard the particulars delivered by my brethren, how that Council being assigned to those 4. Gentlemen, in the latter end of Michaelmass Term their Cause received hearing, and upon consideration of the Statutes and Records we found some of them to be according to the good old Law of Magna Charta, but we thought that they did not come so close to this Case, as that bail should be thereupon presently granted. My Lords, the Habeas Corpus consisteth of 3. parts, the Writ, the Return upon the Writ, or schedule and the Entry, or rule reciting the Habeas Corpus, and the Return together with the opinion of the Court, either a remittitur, or traditur in ballium. In this Case a remittitur was granted, which we did that we might take better advisement upon the Case, and upon the remittitur (my Lords) they might have had a new Writ the next day, and I wish they had, because it may be they had seen more, and we had been eased of a great labour. And my Lords, when the Attorney upon the remittitur pressed an Entry, we all straight charged the Clerk that he should make no other Entry than such as our Predecessors had usually made in like Cases: for the difference (my Lords) betwixt remittitur and remittitur quousque I could never yet find any, I have now sat in this Court 15. years, and I should know something, surely if I had gone in a Mill so long, dust would cleave to my clothes. I am old and have one foot in the grave, therefore I will look to the better part as near as I can. But omnia habere in memoria & in nullo errare divinum potiùs est quam humanum.   

THE LORD CHIEF JUSTICE  
SAith, he shall not speak with confidence, unless he might stand right in the opinion of the House, and protested what he spoke the day before, was not said by him with any purpose to trench upon the Privileges of this House, but out of that respect which by his place he thought he owed to the King, he said concerning the point, he was to speak of, that he would not trouble the Lords with things formerly repeated, wherein he concurred with his brethren. He said, if it were true, the King might not commit, they had done wrong in not partly delivering, for my Lords (saith he) these Statutes and good Laws being all in force, we meant not to trench upon any of them, most of them being Commentaries upon Magna Charta: but I know not any Statute that goeth so far, that the King may not commit. Therefore justly we think, we delivered the interpretation thereof to that purpose: for my Lords, Lex terrae is not to be found in this Statute, they gave me no example, neither was there any Cause showed in the Return. A Precedent (my Lords) that hath run in a storm doth not much direct us in point of Law, and Records are the best Testimonies. These Precedents they brought, being read, we shown them wherein they were mistaken, if we have erred erramus cum Patribus, and they can show no Precedent, but that our Predecessors have done as we have done, sometimes bayling, sometimes remitting, sometimes discharging. Yet we do never bail any committed by the King, or his Council till his pleasure be first known. Thus did the Lord Chief Justice Coke in Raynards' Case. They say this would have been done if the King had not written, but why then was the Letter read and published and kept, and why was the Town Clark sent carefully to inquire (because the Letter so directed) whether these men offered for bail, were subsidy men? the Letter showeth also that Beckwith was committed for suspicion of being acquainted with the Gun-Pouder-Treason, but no proof being produced the King left him to be bailed.    

The Earl of WARWICK'S speech, 21. April 1628.  
MY Lords I will observe something out of the Law wherein this liberty of the Subjects Person is founded, and some things out of Precedents which have been alleged. For the Law of Magna Charta, and the rest concerning these points, they are acknowledged by all to be of force, and that they were to secure the Subjects from wrongfnll imprisonment as well, or rather more concerning the King than the Subject, why then besides the grand Charter and those 6. other Acts of Parliament? in the very point we know that Magna Charta hath been at least 30. times confirmed, so that upon the matter we have 6. or 7. and thereby Acts of Parliament to confirm this liberty, although it was made a matter of derision the other day in this House.  
One is that of 36. E. 3. No. 9 and another in the same year, No. 20. not printed, but yet as good as those that are, and that of 42. E. 3. cap. 3. so express in the point, especially the Petition of the Commons that year, which was read by Mr. Littleton with the Kings answer so full, and free from all exception, to which I refer your Lordships that I know not have any thing in the World can be more plain, and therefore if in Parliament ye should make any doubt of that which is so fully confirmed in Parliament, and in case so clear, go about by new glosses to alter the old and good Law, we shall not only forsake the steps of our Ancestors, who in Cases of small importance would answer nolumus mutare leges Angliae, but we shall yield up and betray our right in the greatest inheritance the Subjects of England hath, and that is the Laws of England, and truly I wonder how any man can admit of such a gloss upon the plain Text, as should overthrow the force of the Law, for whereas the Law of Magna Charta is, that no Freeman shall be imprisoned, but by lawful judgement of his Peers, or the Law of the Land, the King hath power to commit without Cause, which is a sense not only expressly contrary to other Acts of Parliament, and those especially formerly cited, but against Common sense. For Mr. Attorney confesseth this Law concerns the King, why then, where the Law saith the King shall not commit, but by the Law of the Land? the meaning must be as Mr. Attorney would have it, that the King must not commit, but at his own pleasure, and shall we think that our Ancestors were so foolish to hazard their Persons & Estates, and labour so much to get a Law, and to have it 30. times confirmed, that the King might not commit his Subjects, but at his own pleasure, and if he did commit any of his Subjects without a Cause shown, than he must lie during pleasure, than which nothing can be imagined more ridiculous, and contrary to true reason.  
For the Precedents I observe that there hath been many shown, by which it appears to me evidently that such as have been committed by the King's Council, they have been delivered upon Habeas Corpus, and that constantly. It is true that some Precedents were brought on the King's part, that when some of these persons desired to be delivered by Habeas Corpus, the King, or his Council signified his Majesty's pleasure that they should be delivered, or the King's Attorney hath come into the Court and related the King's Command, but this seems to make for the Subject; For that being in his Majesty's power to deliver them, who by his special Command were imprisoned. May not we well think that his Majesty would rather at that time have stayed their deliverance by Law, than furthered it with his Letters, and made the Prisoners rather beholding to him for his grace and mercy then to the Judges for Justice, had not his Majesty known that at that time they ought to have been delivered by Law? I think no man would imagine a wise King would have suffered his Grace and Prerogative (if any such Prerogative were) to be so continually questioned, and his Majesty and his Council so far from commanding the Judges not to proceed to deliver the Prisoner by them committed, without Cause shown, as that on the other side, which is all the force of these Precedents, the King and the Council signified to the Judges that they should proceed to deliver the parties, certainly if the King had challenged any such Prerogative, that a Person committed without any cause shown ought not to be delivered by the Judges without his consent, it would have appeared by one Precedent, or other amongst all that have been produced, that his Majesty would have made some claim to such a Prerogative. But it appears to the contrary that in many of these cases the King, or his Council did never interpose, and where they did, it was always in affirmation and encouragement to that Court to proceed. And besides the writing of Letters from his Majesty to the Judges to do Justice to his Majesty's Subjects, may with as good reason be interpreted that without those Letters they might not do Justice, also the King signified his willingness▪ that such & such Persons which were committed by him should be delivered, therefore they could not be delivered without it, which is a strange reason. So that finding the Laws so full, so many, and so plain in the point, and finding that when ever any were committed without cause shown, brought their Habeas Corpus, they were delivered, and no Command ever given to the contrary, or claim made on the King's part to any such Prerogative. I may safely conclude as the House of Commons have done, and if any one Precedent, or two of late can be shown that the Judges have not delivered the Prisoners so committed, I think it is their fault, and to be enquired of, but contrary, it seems to me to be an undoubted Liberty of the Subject, that if he be committed without cause, or without cause shown, yet he may have some speedy course to bring himself to Trial, either to justify his own innocence, or to receive punishment according to his fault, for God forbidden that an innocent man by the Laws of England should be put in worse case than the most grievous Malefactors are, which must needs be, if this should be, that if a cause be showed, he may have his Trial, but if none, he must lie and pine in Prison during pleasure. Mr. Sergeant Ashley, the other day told your Lordships of the Emblem of a King, but by his leave made wrong use of it. For a King bears in one hand the Globe, and in the other the golden Sceptre the tips of Sovereignty and mercy, but the Sword of Justice is ever carried before him by a Minister of Justice, which shows Subjects may have their remedies for unjustice done, and appeals done to higher powers, for the Laws of England are so favourable to their Princes, as they can do no unjustice.  
Therefore I will conclude as all disputes I hold do, Magna est veritas & praevalebit, so I make no doubt we living under so good a Prince as we do, when this is represented unto him, he will answer us Magna est Carta & praevalebit.   

The ARCH-BISHOPS of CANTERBURY'S Speech, at the Conference of both Houses, 25. April 1628.  
GEntlemen of the House of Commons, the service of the King and safety of the Kingdom do call on us, my Lords, to give all convenient expedition to dispatch some of those great and weighty businesses, for the better effecting whereof, my Lords have thought fit to let you know that they do in general agree with you, and doubt not, but you will agree with us to the best of your power to maintain and support the fundamental Laws of the Kingdom, and the fundamental Liberties of the Subject, for the particulars which may hereafter fall in debate, they have given me in charge to let you know, that what hath been presented by you to their Lordships, they have laid nothing of it by, they are not out of love with any thing you have tendered to them, they have voted nothing, neither are they in love with any thing proceeding from themselves, for that which we shall say and propose unto you is out of an intendment to invite you to a mutual and free conference, that you with confidence may come to us, and we with confidence may speak to you, so that we may come to a conclusion of those things which we both unanimously desire, we have resolved of nothing, defined, or determined nothing, but desire to take you with us, praying help of you as you have done of us. My Lords have thought upon some Propositions which they have ordered to be read here, and then left with you in writing, that if it seem good to you, we may uniformly concur for the substance, and if you differ, that you may be pleased to put out; or add, or alter, or diminish as you shall think fit, that so we the better come to the end, that we do both so desirously embrace.   

Then the 5. Propositions were read by the Lord BISHOP of NORWHICH.  

The 5. Propositions, 25. April 1628.  
1. THat his Majesty would be pleased graciously to declare, that the good old Law, called Magna Charta, and the 6. Statutes conceived to be Declarations, or Explanations of that Law, do stand still in Force to all intents and purposes.  
2. That his Majesty would be pleased graciously to declare, that according to Magna Charta and the Statutes aforesaid, as also according to the most ancient Customs and Laws of this Land, every free Subject of this Realm hath a fundamental propriety in his goods, and a fundamental Liberty of his Person.  
3. That his Majesty would be pleased graciously to declare, that it is his Royal pleasure to ratify and confirm unto all, and every his faithful and Loyal Subjects all their ancient, several, just Liberties, Privileges and Rights, in as ample and beneficial manner to all intents and purposes, as their Ancestors did enjoy the same, under the Government of the best of his most Noble Progenitors.  
4. That his Majesty would be pleased graciously to declare, for the good contentment of his Loyal Subjects, and for the securing 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 Majesty's Royal Prerogative intrincical to his Sovereignty, and entrusted 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 Majesty's Royal Person, the Common safety of his People, or the peaceable Government of his Kingdom, his Majesty shall find just cause of State to imprison, or restrain any man's Person: his Majesty would graciously 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 immediately to be tried according to the Common Justice of the Kingdom.    

Then Sr. DUDLEY DIGGS in the behalf of the Commons, saith.  
MY Lords, it hath pleased Almighty God many ways to bless the Knights, Citizens, 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 show unto them particularly at this present in your so Honourable profession 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 fort, 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 careful according to that which formerly was, and now again is protested by them.  
Another Noble Argument of your Honourable disposition towards them is expressed 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 entreat your Lordship's leave to borrow a comparison from nature, or natural Philosophy, as two Lutes well strung and tuned brought together, if one be played on little straws, or sticks will stir upon the other though it lie 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 contentful Answer.   

Sr. 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 itself. I need not tell you that Liberty is a precious 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 Precedents brought to prove the practice and interpretation of the Law. I confess I have heard many Precedents of utility 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 forbidden, 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 particulars, 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 always propter bonos fines, for King's Prerogatives are rather besides the Law then against it, and when they are directed to right ends for the public good, they are not only concurring Laws, but even Laws in singularity and excelling. But to come nearer Mr. Speaker let us consider where we are now, what steps we have gone and gained, the King's learned Council 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 entire, and without prejudice: All this hitherto is for our advantage, but above all his Majesty himself being publicly 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 solemn and binding 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 than a King that is not so.  
The King certainly is exceeding tender of his present Honour and of his same 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 he doth willingly give way to have the abuse of power reform, 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 forward 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 heartening 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 Loans, 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 lose 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 only all the Laws, but all the Religion of Christendom. Now Mr. Speaker, I will only 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 wilt thou be desolate. Sir, if Justice and Wisdom may be stretched to desolation, let us thereby learn, that moderation is the virtue of virtues, and the wisdom of wisdoms.  
Let it be our Masterpiece, 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 mind 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 honest, out of which heart I have spoken.   

The Lord KEEPER'S 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 daily increase with his Majesty so it ought to do, and his Majesty doubts not but it doth so with you, since the danger increaseth every day both by effluction of time, and preparation of the enemy. Yet his Majesty doth well weigh, that this expense 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 diminish 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 careful, must in regard of the forms of both Houses necessarily take up more time than 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 Statue 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 Statutes of the Realm, and that you shall find as much security in his Majesty's 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 possess any man, but that you all will proceed speedily and unanimously with the business.   

The Bishop of EXETER'S 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 it? Certainly whilst 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 ourselves and ours; It is no season to search for more! Oh let us not whilst we over-rigedly plead for an higher strain of safety, put ourselves into a necessity of ruin and utter despair of redress: Let us not in the suspicion of Evils that may be, cast ourselves into a present confusion. If you love yourselves and your Country, 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 Country, nay Christendom lies on the mercy of your present resolutions. Relent or farewell welfare.  
From him whose faithful heart bleeds in a vowed sacrifice for his King and Country. EXETER.   

Mr. HACKWELL 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 this Bill, and rely only upon a confirmation of the Laws.  

The Objections made against this Opinion are two.  
THe first is, that we shall thereby recede from our own resolution.  
The second, that by a bare confirmation of the Old Laws without the inserting of our resolution, by way of explanation, we shall be but in the same case as before.  
For the first, that though we desire only a confirmation without adding of our resolution, we do not thereby recede from our resolution, I reason thus:  
Our resolution was drawn out of the sense of those Laws, which are now desired to be confirmed, so that no question can be made by any of us that have thus declared ourselves, but that our resolution is virtually contained in those Laws, if that be so, how can our acceptance of a confirmation of these Laws be a departure from our resolution.  
Nay, rather we think the contrary is true, he that doubts, that by confirmation of these Laws our resolution is not hereby confirmed, doubts whether we have justly deduced our resolutions out of those Laws, and so calls our resolution into question.  
This Argument alone is in my opinion a full answer to that first Objection, that in desiring of a bare confirmation of those Laws we depart from our resolutions. This Argument alone is in my opinion a full answer to that first Objection: that in desiring of a bare confirmation of these Laws, we depart from our resolution.  
The second Objection is: that if we have nothing but a confirmation, we are in no better case than we were before those late violations of the Law.  
This I deny, and do confidently affirm, that although we have no more than a confirmation of those Laws which are recited in the Bill that is now before us, we shall departed hence in far better case than we came, and that in divers respects.  
First, some of the Laws recited in this Bill, and desired to be confirmed are not printed Laws, and are known to few Professors of the Law, and much less to others, and yet they are Laws of as great consequence for the liberty of the Subject, if not of greater than any that are printed, as namely 25. E. 3. No. 1. That loans against the will of the lender are against reason and the freedom of the Realm, 36. E. 3. No. 9 By which imprisonments by special commandment without due Process are forbidden. These two are not printed.  
The excellent Law de tollagio non Concedendo in print hath in a public Court been by a great Counsellor said to be but a Charter, and no Law.  
The Statute 1. Rich. 3. against benevolences is by some opinions in print an absolute Law, if we can get all these goods Laws besides those 6. other, which are expositions of Magna Charta in the point of the freedom, and our Persons to be confirmed and put in one Law to the easy view of all men, is not our Case far better than when we came hither?  
Secondly, will not the occasion of the making of this Law of confirmation so notoriously known be transmitted to all posterity, certainly it will never be forgotten, that the occasion thereof was the imprisonment of those worthy Gentlemen for not lending, and the resolution in the Kings-bench in denying to bail them, and is not the occasion of the making of a Law a good rule to expound it. If so, then by giving a confirmation upon this occasion we have bettered our Case very much.  
Thirdly, have not the Judges in the Kings-bench in open Parliament upon our complaint disclaimed to have given any Judgement in the point? which generally before by the Parliament was otherwise conceived, for now they say, it was but an Award and no Judgement, Will such a Notorious Act upon so important an occasion in so public a place be quickly forgotten? Nay, will not the memory of it for ever remain upon Records, is not our Case then much better than when we came hither.  
Fourthly, will not the resolution of this House, and all our Arguments and reasons against imprisonment without a Cause expressed (which no doubt by the course we have taken will be transferred to posterity) be a great means to stay any Judge hereafter for declaring any Judgement to the contrary, especially if there be likelihood of a Parliament, is not our Case in this very much amended?  
Lastly, have we not received Propositions from the Lords, wherein (amongst other things) they declared, that they are not out of love with our proceed, is not this a great strengthening to it? but after so long debate amongst them about it, they cannot take any just exception to it; and doth not this also much amend our Case?  
From all these reasons, I conclude that the second Objection, that by a confirmation we are in no better case than when we came together, is also a weak Objection.  
Now for reasons to move us to proceed in this course of accepting a confirmation. First we have his Majesty's gracious promise to yield to a confirmation of the old Laws, from which we may rest most assured he will not departed, If we tender him with all our Proposition to be enacted, we have cause to doubt that we shall lose both the one and the other.  
Secondly, we are no less assured of the Lords joining with us, for in their Propositions sent to us they have delivered themselves to that purpose: This is then a secure way of getting somewhat of great advantage to us, as we have great hopes, and in a manner assurance on this side: So on the other side we have great doubts and fears, that by offering our resolution to be enacted, we shall lose all.  
For first we have had already experience of the Lords, that they are not very forward to join with us in a Declaration of our Proposition to be Law, If they stumble at a Declaration, much more will they in yielding to make Law in the same point.  
And have we not much more cause to doubt that his Majesty will not yield unto it, seeing it toucheth him so near, Is it not the notice of his pleasure that hath wrought thus with the Lords?  
If we should clog our Bill with our Proposition, and it should be rejected by the Lords, or by the King, is not our resolution much weakened by it? And are we not then in far worse case than before we made it? Our resolution for the rejecting of our Proposition, will tend to a Justification of all that hath been done against us in this great point of our Liberty.  Let us then like wisemen conform our desire to our hopes, and guide our hopes by probabilities, other desires and other hopes are but vain. 
This is my poor opinion in this weighty business.    

Secretary COKE Message, 1. May 1628.  
Mr. Speaker,  
I Have a very short message to deliver from his Majesty, that shows both his Royal care to be rightly understood of this House, and no less care to understand us in the best part, and to show clearly it shall not be his fault if this be not a happy Parliament: His Majesty hath commanded me to desire this House clearly to let him know, whether they will rest upon his Royal word and promise, made at several times, and especially by my Lord Keeper's Speech made in his own presence, which if they do, he doth assure you that it shall be royally and really performed.  

After speaking of himself, and the nature of his place under his Majesty, he proceeded in these words.  
GIve me leave freely to tell you that I know by experience, that by the place I hold under his Majesty, if I will discharge the duty of my place and the Oath I have taken to his Majesty, I must commit, and neither express the cause to the Jailor, nor to the Judges, nor to any Counsellor in England, but to the King himself, yet do not think I go without ground of reason, or take this power committed to me to be unlimmitted, Yea rather it is to me a charge, burden, and danger, for if I by this power shall commit the poorest porter, if I do it not upon a just cause, if it may appear, the burden will fall upon me heavier than the Law can inflict, for I shall lose my credit with his Majesty and my place. And I beseech you consider whether those that have been in the same place have not committed freely, and not any doubt made of it, nor any complaint made by the Subject.   

Veneris, 2. May 1628.  
A Report was this day made from the grand Committee, for grievances concerning the cause of Nicholas Clegat Citizen, and Vintner of London, imprisoned by the Lord Major and Aldermen of the said City, for refusing to lend a certain sum of money assessed upon him by the Company of Vintners of London, whereof he is free, towards the proportion of money imposed upon the Company, by an Act of Common-Councel of the said City, in pursuance of a contract of Land with his Majesty. By which report it appeared that the said grand Committee had unanimously agreed that the said City might make Acts of Council, so as they were consonant to Law and reason, and for regulating and deciphering of trade agreeable to reason and the Law of the Realm, and might levy money of the Citizens by Act of Common-Councel for building, or repairing of their Walls, Gates, or making or cleansing of Sewers, or other like causes tending to the general and public good, and welfare of the City, or towards Triumphs, or other like occasions tending to the Honour of the City in general, but could not by such Act of Common-Councel tax, or levy money towards the purchasing of Lands, or other like occasions foreign to the government of the City. Whereupon it is resolved by the House of Commons super totam materiam that the said Commitment of the said Nicholas Clegat was unlawful, and that a Petition should go from the House to his Majesty for the enlargement of the said Nicholas Clegat his commitment by the Lord Major and Aldermen, being since strengthened by special command.    

Henry TOMPSON one of the Sheriffs, and Robert HENISWORTH Alderman of the City of YORK their submission for their indirect choosing of Sr. Thomas SAVIL Knight.  
I Henry Tompson one of the Sheriffs of the City of York, do hereby acknowledge to have offended the Lord Major and all the Cominalty of the City, by the undue pronouncing and return of Sr. Thomas Savil Knight, to be one of the Citizens to serve in this Parliament for the said City, whereas I ought of right to have pronounced, and returned in his place Mr. Thomas roil, Alderman of the said City, I am heartily sorry for my said offence and misdemeanour, and crave pardon of my Lord Major and all the Cominalty, and in particular of the said Alderman Hoyl for the same.  
I Robert Henisworth Alderman of the City of York, do acknowledge that I have offended the Lord Major and all the Cominalty of of the said City, by my undue preparing and practising the election of Sr. Thomas Savill Knight, to be chosen one of the Citizens for the said City of York to serve in this present Parliament, I am heartily sorry for my said offence, and do desire my Lord Major and all the said Cominalty to pardon me for the same.   

Propositions drawn for the defence of this Kingdom, and the annoyance of the enemies of the same by Sea.  
THat every Shire in England shall be enjoined on the charge of the Country, to set forth one Ship well maned and victualled for 7. Months, and to be of the burden of 500, 300, or 140. Tuns at the least, according to the ability of the Shire in the opinion of the State.  
That every Port, or Sea-Town according to their ability, be enjoined, to do the like. London may well furnish 10. Bristol 3. and the rest according to their ability. And such of the Sea-Towns as are not of ability to set forth Ships of the burden aforesaid, to furnish out Pinnaces of 60, or 80, Tuns, for Light-horsemen, or Intelligencers. Those Ships will amount to 80. Sail and above, and these to be divided into 4. Squadrons: adjoining unto every Squadron one of the King's Ships for their Admiral.  
The first Squadron to lie off, and on the Western Lands, and as high as the Canaries for Brasile men, the Caracks and the Plate-Fleet, and all other trading that way.  
The second Squadron to lie of the Southern Cape, and so low as the Groin, for all such shipping as shall go in or out of Spain, or Portugal; and if occasion require, to join with the former Squadron.  
The third Squadron to lie of between the Groin and the mouth of the Sleve or Silly, to stop such shipping as trade into those Coasts.  
The fourth Squadron to keep the Narrow Seas, to awe the Dunkirk, to take all the French trade, and so Northward, and this Squadron to be still relieved with fresh Ships, as the other shall grow foul, or come to any misfortune; so as this Squadron may continually keep the Seas most part of the year.  
That no Master of these Ships be owner, or have any part in her that he goeth in Master of, for they will be unwilling to bring their Ship in fight or danger, and use many tricks and devices, especially if there be an ignorant Captain. Therefore it is expedient likewise, that every Shire should nominate a Captain for the Ship that they furnish out, for the avoiding of ignorant and insufficient Captains.  
That in London, Portsmouth, or elsewhere, where the State shall think fit, there be Storehouses appointed for the receipt of such Prizes as shall be taken by any of the 4. Squadrons.  
That every County or Sea-Town, that furnisheth the said shipping▪ may nominate and have a Master of their own free election, that may have power in the behalf of the Counties and Sea-Towns, as the other Officers that shall be appointed for the King, for the opening of decks of the Prizes, receiving the goods into the said Storehouses, and for the divideing and disposing them according.  
That what Prizes any of the 4. Squadrons shall take, be brought into one of the Port-Towns where those Storehouses are appointed, and the benefit of all Prizes, what Squadron soever of the 4. sendeth them in, be divided (the King's part being deducted) to the several Counties and Sea-Towns of the Kingdom, according to the burden of their shipping, and not particularly to such Counties, or Sea-Towns, unto which the Squadron of Ships belongeth that shall send in the said Prizes.  
That it shall not be Lawful for any in the said Ships, to break, take, or open the deck of any Prizes they take, but nail them down fast, until they be brought in at one of the Port-Towns aforesaid, and the Officers for the King with the Commissioners for the Counties, to take and open them.  
That after the King's part is sequestered, with such allowance over and above as shall be proportionable for the King's ships, being Admirals, the rest to be distributed as aforesaid to the use and benefit of all the Counties and Sea-Towns in general, & not in particular to such Counties and Sea-Towns unto which any of the said 4. Squadrons belongeth that sendeth in the said Prizes, the Pillage above deck only excepted, which do belong unto the Officers, Sailors, and Soldiers of the Squadron that took the said Prize.  
That for the speedy and present execution hereof, every County or Sea-Town that is not furnished with shipping accordingly shall hire until they can build, which to be limited to perform within a certain and convenient time.  
The charge that will fall on the Subjects yearly, will amount for the first year 200000. l. which (God prospering them) within the year they will re-inburse, and by the benefit of the Prizes afterwards they will have stock sufficient, with increase for new victualling forth the Ships the first year, and so from time to time. The Kingdom will hereby increase their shipping, breed, and make good store of good Seamen, and we shall hereby be Masters of the Sea, so as our Merchants shall travel safely, and we shall much prejudice the French and Spanish Nation, or any others that are Enemies, and not in League.   

Judge ANDERSON.  
Divers Persons fueront Commits a several temps a several Persons sur pleasur sans bon cause, parte de queux estiant amesnes en en banck le Roy, & part en le common bank fueront accordant a le ley de la terre mice a large & discharge de le inprisonment pur que aschunt grands fueront offendus & procure vn comandment a les Iudges que ils ne ferra issent apres Ceo nient meins les Iudges ne surcease mes per advise enter eux ils fesoient certanie Articles le tenor de queux ensue & deliver eux al seignieures Chancellor & Treasurer & eux subscribe one touts lour manies, les Articles sont coe ensuont.  
WE her Majesty's Justices of both Benches and Barons of the Exchequer, desire your Lordships that by some good means some order may be taken, that her Highness' Subjects may not be committed, or detained in Prison by commandment of any Noble Man, or Councillor against the Laws of the Realm, either help us to have access to her Majesty to the end to become suitors to her for the same, for divers have been imprisoned for suing ordinary Actions and Statutes at the Common-Law, until they have been constrained to leave the same against their wills, and put the same to order, albeit Judgement and Execution have been had therein to their great losses and griefs, for the aid of which Persons, her Majesty's Writs have sundry times been directed to divers Persons, having the custody of such Persons unlawfully imprisoned, upon which Writs not good, or Lawful cause of imprisonment hath been returned or certified, whereupon according to the Laws they have been again committed to Prison in secret places, and not to any common ordinary Prison, or Lawful Officer, as Shrieff, or other lawfully authorized to have, or keep a Goal, so that upon Lawful complaint made for their delivery, the Queen's Courts cannot learn to whom to direct her Majesty's Writs, and by this means Justice cannot be done, and moreover, divers Officers and Sergeants of London have been many times committed to Prison for Lawful executing of her Majesty's Writ, sued forth of her Majesty's Courts at West-minster, and thereby her Majesty's Subjects and Officers are so terrified that they dare not sue, or execute her Majesty's Laws, her Writs and Commandments. Divers others have been sent for by Pursuivants, and brought to London from their dwellings by unlawful imprisonment, have been constrained not only to withdraw their Lawful Suits, but have also been compelled to pay the Pursuivants for bringing such Persons great sums of money. All which upon complaint the Judges are bound by Office and Oath to relieve and help, by and according to her Majesty's Laws. And when it pleaseth your Lordships to will divers of us to set down in what cases a Prisoner sent to custody by her Majesty, her Council, some one, or other, or two, are to be detained in Prison, and not to be delivered by her Majesty's Court or Judges, we think, that if any Person be committed by her Majesty's Command from her Person, or by order from the Council board, or if any one, or two of her Council commit one for high Treason, such Persons so in the cases before committed may not be delivered by any of her Courts without due Trial had: Nevertheless the Judges may Award the Queen's Writ to bring the bodies of such Persons before them, and if upon return thereof, the causes of their commitment be certified to the Judges as it ought to be, than the Judges in the cases before ought not to deliver him, but to remaund the Prisoner to the place from whence he came.  
Which cannot conveniently be done, unless notice of the cause in general, or else special be known to the Keeper, or Gaoler that shall have the custody of such Prisoner. All the Judges and Barons did subscribe their names to these Articles. Termino Pascha. 34. Eliz. and sent one to the Lord Chancellor, and another to the Lord Treasurer, after which time there did follow more quietness than before in the cause afore mentioned.   

The KING'S Message the 2. May, 1628. by Secretary COKE.  
HIs Majesty hath commanded me to make known to this House, that howsoever we proceed with the business we have in hand, which he will not doubt, but to be according to our constant professions, and so as he may have cause to give us thanks, yet his resolution is, that both his royal care and his hearty and true affection towards all his loving Subjects, shall appear to the whole Kingdom and to all the World, that he will govern us according to the Laws and Customs of the Realm, that he will maintain us in the Liberties of our Persons and propriety of our goods, so as we may enjoy as much happiness as our Forefathers in their best times, and that he will rectify what hath been, or may be amiss amongst us: so that there may be hereafter no just cause to complain, wherein as his Majesty will rank himself amongst the best of our Kings, and show he hath no intention to invade, or impeach our Lawful Liberties or Rights, so he will have us to match ourselves with the best Subjects, by not encroaching upon that Sovereignty and Prerogative which God hath put into his hands for our good, and by containing ourselves within the bounds and Laws of our Forefathers without streining, or enlarging them by new Explanations, Interpretations, Expositions, or Additions in any sort, which he clearly telleth us he will not give way unto. That the weight of the affairs of Christendom do press him more and more, and the time is now grown to that point of maturity, that it cannot endure long debate, or delay, so as this Session of Parliament must continue no longer than Tuesday come seven-night at the furthest, within which time his Majesty for his part will be ready to perform what he hath promised to us, and if we be not as forward to do that is fit for us, it shall be our own faults.  
Lastly, upon the assurance of our good dispatch and correspondency, his Majesty declareth that his Royal intention is to have another Session at Michalmass next, for the perfecting of such things as cannot now be done.   

Mr. MASONS speech, 2. May 1628.  
I Am of opinion with the Gentleman that spoke first, that in our proceed in the matter now in debate, we should have use of the Title of the Statute, called circumspect agatis, for it concerns the Liberty of our Persons, without which we do not enjoy our lives.  

The Question is:  
WHether in this Bill for the explanation of Magna Charta, and the rest of the Satutes, we shall provide that the cause of the commitment must be expressed upon the commitment, or upon the Return of the Habeas Corpus.  
Before I speak to the question itself, I shall propose some observations in my conceit, necessarily conduceing to the debate of the Matter.  

1. That we ought to take care, and to provide for posterity as our Predecessors have done for us, and that this provident care, cannot be expounded to be any distrust of the performance of his Majesty's gracious Declaration, this Act providing for perpetuity, to which his Highness promise, unless it were by Act of Parliament, cannot extend.  
2. That we having long debated and solemnly resolved our Rights and Privileges by virtue of these Statutes, and if now we shall reduce those Declarations and those resolutions into an Act, we must ever hereafter expect to be confined within the bounds of that Act being made at our Suit, and to be the limits of the Prerogative in in that respect, and it being an Act of explanation, which shall receive no further explanation than itself contains.  
3. That by this Act we must provide a remedy against the Persons which detain us in Prison, for as to the Commander there can be no certain.    

Concerning the Question itself.  
IT hath been solemnly and clearly resolved by the House, that the commitment of a Freeman without expressing the cause at the time of the commitment, is against the Law: If by this Act of explanation we shall provide only that the cause ought to be expressed upon the return of the Habeas Corpus, then out of the words of the Statute, it will necessarily be inferred, that before the return of the Habeas Corpus the cause need not to be expressed, because the Statute hath appointed the time of the expression of the cause, And it will be construed, that if the makers of the Statutes had intended that the cause should have been soener shown, they would have provided for it by the Act, and then the Act which we term an Act of explanation, will be an Act of the abridging of Magna Charta, and the rest of the Statutes: Or if this Act do not make the commitment without expressing the cause to be Lawful, yet it will clearly amount to a toleration of the commitment, without expressing the cause until the Habeas Corpus, or to a general, or perpetual dispensation beginning with, and continuing as long as the Law itself. And in my understanding the words in this intended Law, that no Freeman can be committed without cause, can no ways advantage us, or satisfy this Objection, for till the return of the Habeas Corpus, he that commits is Judge of the cause, or at least hath a licence by this Law till that time to conceal the cause, and the Gaoler is not subject to any action for the detaining of the Prisoner upon such command, for if the Prisoner demanded the cause of his inprisonment of the Gaoler, It will be a safe answer for him to say that he detains the Prisoner by Warrant, and that it belongs not unto him to desire those which commit the Prisoner to show the cause until he returns the Habeas Corpus, and if the Prisoner be a Suitor to know the cause from those that committed him, it will be a sufficient answer for them to say they will express the cause at the Return of the Habeas Corpus. In this cause there will be a wrong, because the commitment is without cause expressed, and one that suffers that wrong, viz. the party imprisoned, and yet no such wrong doer, but may excuse if not justify himself by this Law.  
In making of Laws we must consider the inconveniences which may ensue, and provide for the prevention of them lex caveat de futuris. I have taken into my thoughts some inconveniences which I shall expose to your considerations, not imagining that they can happen in the time of our gracious Sovereign, but in an Act of Parliament, we must provide for the prevention of all inconveniences in future times.  

1. If a man be in danger to be imprisoned in the beginning of a long vacation for refusing to pay some small sum of money, and knows that by this Act he can have no enlargement till the Return of the Habeas Corpus in the Term, and that the charge of his being in Prison, and of his enlargement by Habeas Corpus will amount to more than the sum, he will departed with money to prevent his imprisonment, or to redeem himself thence, because he cannot say any man doth him wrong, until the Return of the Habeas Corpus, & the Law resolves a man will pay a Fine rather than be imprisoned, for the Judgement which is given when one is fined, is Ideo Capiatur, and the highest execution for dept is a Capias ad satisfaciendum, the Law presuming any man will departed with his money to gain his Liberty, and if the Prisoner procure an Habeas Corpus, and be brought into the Kings-bench by virtue of it, yet the cause need not to be then expressed: The provision of this Law, being that if no cause be then expressed he shall be bailed, and no cause being shown upon the Return of the Habeas Corpus, yet may be pretended that at the time of his Commitment, there were strong presumptions of some great offence, But upon examination they are cleared, or it 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 justify ourselves, and for all these proceed this Law will be the justification, or colour.  
2. If by this Act there be a Toleration of imprisonment without showing cause until 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 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 Gaoler may neglect the Return of the first Process, and then the party must procure an alias, and the Gaoler may be then in some other employment 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 shown. 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 Gaoler receives the Habeas Corpus or before the 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 Gaoler returns the special Matter which will be sufficient to free himself, and in like manner the Prisoner may be translated from one Prison to another, and his whole life shall be a preregrination, or wayfairing from one Goal to another, and he shall never know the cause nor be able to complain 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 only 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 expense of the party in Prison: His Fees to the Gaoler, 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 only reason given by those of the other opinion. That it is requisite, the King and Council 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 always 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 only 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 Council, 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 ourselves, for which reasons I conceive that there being so many ways 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 Lawful, and administers excuses for continuing us in Prison as I have before declared, and thus for providing for one particular out of reason of State, which possibly may fall out in an age or two, we shall spring a leak which may sink 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 King's 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 Sovereign,  
YOur Loyal and dutiful 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 Majesty's confidence in the proceeding of this House, they do by me their Speaker make a full return of most humble thanks to your Majesty, withal dutiful 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 strengthening 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 goodness, without which (they well know) nothing they can frame, or desire, will be of safety and value to them, and therefore are all humble Suitors to your Majesty, that your Royal heart would graciously accept and believe the truth of theirs, which they humbly present (and full of truth and confidence in your Royal word and promise) as ever House of Commons reposed in any of their best Kings.  
True it is, they cannot but remember the public trust, for which they are accountable to present and future times, and their desires are, that your Majesty's goodness in fruit and memory, be the blessing and joy of posterity.  
They find also that of late there hath been public violation of your Laws and the Subject's Liberties by some of your Majesty's Ministers, and thence conceive, that no less than a public remedy will raise the dejected hearts of your loving Subjects to a cheerful supply of your Majesty, or make them receive content in the proceeding of this House. From these considerations they must humbly beg your Majesty's leave to lay hold of that gracious offer of yours, which gave them assurance, that if they thought fit to secure themselves in their Rights and Liberties, by way of Bill or otherwise, so it might be provided for, with due respect to his Honour and public good, he would graciously be pleased to give way unto it.  
Far from their intentions it is to encroach upon your Sovereignty, or Prerogative, nor have they the least thought of straining, or enlarging the former Laws in any sort, by any new interpretations or additions.  
The bounds of their desire extend no further, then to some necessary explanation of what is truly comprehended within the just sense and meaning of those Laws, with some moderate provision for execution and performance, as in times passed upon like occasions have been used.  
The way how to accomplish these their humble desires, is now in serious consideration with them; wherein they humbly assure your Majesty, they will neither lose time nor seek any thing of you Majesty, but what they hope may be fit for dutiful and Loyal Subjects to ask, and for a gracious and a good King to grant.   

The KING'S Answer to the House of Commons delivered by the Lord Keeper, 5. May 1628.  
MR. Speaker, and the Gentlemen of the House of Commons: his Majesty hath commanded me to tell you, that he expected an answer by your actions, and not delay by discourse.  
You acknowledge his trust and confidence in your proceed, but his Majesty sees not how ye requite him by your confidence of his word and actions, for what need explanations if you doubt not performance of the true meaning? for the explanation will hazard an encroachment upon his Prerogative, and it may well be said, what needs a new Law upon any old, if you repose confidence in the Declaration his Majesty lately made by me to both Houses, and yourselves acknowledge that the greatest trust and confidence must be in his Majesty's grace and goodness, without which nothing that you can frame will be of safety, or available to you; Yet to show clearly the sincerity of his Majesty's intentions, he is content that a Bill be drawn for confirmation of Magna Charta, and the 6. other Statutes insisted on for the Subject's Liberties, if you shall choose that to be the best way, so that it be without Additions, Paraphrase, or Explanations.  
Thus if you please, you may be secured from your needless fears, and this Parliament may have a happy (wished for) end: whereby the contrary, if you seek to tie the King by new, and indeed impossible bonds, you must be accountable to God and your Country for the ill success of this meeting.  
His Majesty having given his Royal word, that you shall have no cause to complain hereafter; less than which hath been enough to reconcile great Princes, and therefore ought much more to prevail between King and Subject.  
Lastly, I am commanded to tell you, that his Majesty's pleasure is, that without further replies of Messages, or other unnecessary delays, you do what you mean to do speedily, remembering the last Message which his Majesty sent you by Secretary Coke for point of time, his Majesty always intending to perform his promise to his people.   

The Lord COKE speech at the conference in the Painted Chamber, presenting the Petition of Right, 8. May 1628.  
I Pray your Lordships to excuse us, for we have been till one of the Clock about the great business, and (blessed be God) we have dispatched it in some measure, and before this time we were not able to attend your Lordships, but I hope that this will prove to be a great blessing to us. My Lords, I am commanded from the House of Commons to express their singular care and affection they have of concurrence with your Lordships in these urging affairs and proceed of this Parliament: both for the good of the Commonwealth, and principally for his Majesties, And this I may say in this particular, if we have hundreds of tongues, we were not able to express this desire which we have of that concurrence with your Lordships: but I will leave it without any further expression.  
My Lords, what necessity there is, both in respect of yourselves and your posterities in the good success of this business, we have acquainted your Lordships with the reasons and the arguments, and also that we have had some conference about it, we have received from your Lordships 5. Propositions, and it behoves us to give your Lordships some reasons why you have not heard from us before now, for in the mean time as we were consulting of this weighty business, we have received divers messages from our great Sovereign the King, and they consisted upon 5. parts. First was, that his Majesty would maintain all his Subjects in their just freedom, both of their Persons and Estates. Secondly, That he will govern according to his Laws and Statutes. Thirdly, That we shall find much confidence in his Royal word, (I pray observe that.) Fourthly, That we shall enjoy all our Rights and Liberties, with as much Freedom and Liberty as ever any Subjects have before times. Fifthly, That whether we shall think it fit, either by way of Bill or otherwise, to go on in this great business, his Majesty would be pleased to give way to it.  
These gracious messages do so work upon our affections that we have taken them into consideration. My Lords, when we had these messages, I deal plainly, for so I am commanded by the House of Commons: We did consider in that way we may go for our most secure way, (nay yours,) we do think that the safest way was to go a Parliament course, for we have Maxim in the House of Commons, and written on the walls of our House, that old ways are the safest and surest ways. And at last we fell upon that which we did think (if that your Lordships shall consent with us) as the most ancient way of all, and that is my Lords viam faustam both to his Majesty and your Lordships, and to ourselves, for my Lords, this is the greatest bond that any Subject can have in Parliament verbum Regis, that is an high point of Honour, but this shall be done by the Lords and Commons and assented to by the King in Parliament. This is the greatest obligation of all, and this is for the King's Honour and our safety. And therefore my Lords we have drawn a form of a Petition, desiring your Lordships to concur with us herein, for we come with an unanimous consent of all the House of Commons, for there is great reason your Lordships should do so because that your Lordships be involved in the same condition common periculum, and so I have done with the first part. And now I shall be bold to read that which we have so agreed on, I shall desire your Lordships that I may read it.   

The Petition of Right, to the KING'S most Excellent Majesty,  
HUmbly showeth unto our Sovereign Lord the King, the Lords spiritual & temporal, and Commons in this present Parliament assembled. That whereas it is declared and enacted by a Statute made in the time of the Reign of King Edw. 1. commonly called Statutum de tallagio non concedendo. That no Tollage, or aid should be laid, or levied by the King, or his Heirs in this Realm, without the good will and assent of the Archbishop, Earls, Barons, Knights, Burgesses and others, the freemen of the Cominalty of this Realm.  
And by Authority of Parliament holden in the 13. year of the Reign of King Ed. 3. it is declared and enacted that form thenceforth not Persons should be compelled to make any loan to the King against his will, because such loans were against reason, and the Franchises of the Land, And by other Laws of this Realm, it is provided that none should be charged by any charge or imposition, called a Benevolence nor by such like charge, by which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this freedom that they should not be compelled to Contribute to any Tax, Tollage, Aid, or other like charge, not set by common consent in Parliament: Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Countries with instructions have issued, by means whereof your people have been in divers parts assembled, and required to lend certain sums of money to your Majesty. And many of them upon refusal so to do, have had an unlawful Oath administered unto them not warrantable by the Laws and Statutes of this Realm, and have been constrained to become bound to make appearance, and give attendance before your privy Council and in other places. And others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted, and divers other charges have been laid and levied upon your people in several Countries (alleging some superior by Lord Lieutenants, Deputy Lieutenants, Commissioners for Musters, Justices of Peace, and others by command, or direction against the Laws and free Customs of the Realm from your Majesty, or your privy Council.  
And where also by the Statute called the great Charter of the Liberties of England. It is declared and enacted, That no Freeman may be taken nor imprisoned, nor be disseised of his Freehold, nor Liberties, nor his free Customs, nor be outlawed, or exiled, or in any manner destroyed, but by the Lawful judgement of his Peers, or by the Law of the Land.  
And in the 28. year of the Reign of King Edw. 3. it was declared and enacted by Authority of Parliament: that no man of what Estate, or condition he be, shall put out of his Land, or Tenement, nor taken, nor imprisoned, nor disinherited, nor put to death without being brought to answer by due process of Law.  
Nevertheless, against the Tenor of the said Statutes, and other the good Laws, and Statutes of your Realm to that end provided, divers of your Subjects have of late been imprisoned without any cause shown, and when for their deliverance they were brought before your Justices, by your Majesties Writ of Habeas Corpus, there to undergo and receive as the Court should order, and the Keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the Lords of your privy Council, and yet were returned back to several Prisons, without being charged with any thing, the which they might make answer to, and to Law.  
And whereas of late great Companies of Soldiers and Mariners have been dispersed into divers Countries of the Realm, and the Inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn against the Laws and Customs of this Realm, and to the great grievance and vexation of the people. And whereas also by Authority of Parliament in the 25. E. 3. it is declared and enacted, that no man shall be forejudged of Life, or Limb against the form of the great Charter, and the Law of the Land, and by the said great Charter and other, the Laws and Statutes of this your Realm no man ought to be adjudged to death, but by the Laws established in this your Realm. Nevertheless of late times divers Commissions under your Majesty's great Seal have issued forth, by which certain Persons have been assigned and appointed Commissioners with power and Authority to proceed within the Land, according to the Justice of Martial Law against such Soldiers, or Mariners, or other dissolute Persons joining with them as should commit any Murder, Robbery, Felony, Mutiny, or other outrage, or misdemeanour whatsoever, and by such summary course and order as is agreeable to Martial Law, and is used in Armies in time of War to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the Law Martial. By pretext whereof some of your Majesty's Subjects have been by some of the said Commissioners put to death, when and where, if by the Laws and Statutes of the Land they had deserved death, by the same Laws and Statutes also they might, and by none other ought to have been adjudged and executed. And also sundry grievous offenders by colour thereof claiming and exemption, have escaped the punishment due to them by the Laws and Statutes of this your Realm: By reason whereof divers of your Officers and Ministers of Justice have unjustly refused, or forbore to proceed against such offenders according to the same Laws and Statutes, upon pretence that the said offenders were punishable only by Martial Law, and by Authority of such Commissions as aforesaid, which Commissions and all other of like nature are directly contrary to the said Laws and Statutes of this your Realm.  
They do therefore humbly pray your most Excellent Majesty, that no man hereafter be compelled to make, or yield any Gift, Loan, Benevolence, Tax, or such like charge, without common consent by Act of Parliament. And that none be called to make answer, or to take such an Oath, or to give attendance, or to be confined, or otherwise molested, or disquieted concerning the same, or for refusal thereof. And that no Freeman may man such manner as is before mentioned be imprisoned, or detained. And that your Majesty would be pleased to remove the said Soldiers and Mariners, and that your people may not be so burdened in time to come: And that the aforesaid Commissions for proceeding by Martial Law may be revoked & annulled, and that hereafter no Commissions of like nature may issue forth to any Person, or Persons whatsoever, to be executed as aforesaid, least by colour of them any your Majesty's Subjects be destroyed and put to death, contrary to the Laws and Franchises of the Land.  
All which they most humbly pray of your most Excellent Majesty as their Rights, and Liberties according to the Laws and Statutes of this Realm. And that your Majesty would also vouchsafe to declare, that the Awards, do and proceed to the prejudice of your people in any the premises, shall not be drawn hereafter into consequence, or example. And that your Majesty would be pleased graciously for the further comfort and safety of your people to declare your Royal will and pleasure, that in the things aforesaid, all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm, as they tender the Honour of your Majesty, and the prosperity of this Kingdom.   

Sr. BENJAMIN RUDDIERDS Speech.  
Mr. Pym  
I Did not think to have spoken again to this Bill, because I was willing to believe that the forwardness of this Committee would have prevented me, but now I hold myself bound to speak, and to speak in earnest. In the first year of the King, and the second convention I first moved for the increase and enlarging of poor Ministers liings, I shown how necessary it was that it had been neglected, this was also commended to the House by his Majesty, there were as (now) many accusations on foot against scandalous Ministers, I was bold to tell the House that there were scandalous live, which were much the cause of the other live of 5. Marks, of 5. l. a year, that men of worth and of parts would not be muzzled up to such pittances, that there were some places in England which were scarce in Christendom, where God was little better known then amongst the Indians. I exampled it in the utmost skirts of the North, where the prayers of the common people are more like Spells and Charms than devotions, the same blindeness and ignorance is in divers parts of Wales, which many of that Country doth both know and lament.  
I declared also, that to plant good Ministers was the strongest and surest means to establish true Religion, that it would prevail more against Papistry, than the making of new Laws, or executing of old, that it would counterwork Court, Conivence, and Lukewarm accommodation, that though the calling of Ministers be never so glorious within, the outward poverty will bring contempt upon them, especially amongst those, who measure men by the ounce, and weigh them by the pound, which indeed is the greatest part of men.  
Mr. Pym, I cannot but testify how being in Germany I was exceedingly scandalised to see the poor stipendary Ministers of the Reformed Churches there despised and neglected, by reason of their poverty, being otherways very grave and learned men. I am afraid this is a part of the burden of Germany, which ought to be a warning to us.  
I have heard many Objections and difficulties, even to impossibilities against this Bill, to him that is unwilling to go, there is even a Bear, or Lion in the way. First let us make ourselves willing, then will the way be easy and safe enough.  
I have observed that we are always very eager and fierce against Papistry, against scandalous Ministers, and against things which are not so much in our power. I should be glad to see that we did delight as well in rewarding as in punishing, and in undertaking matters within our own reach, as this is absolutely within our power: Our own duties are next us, other men's further of. I do not speak this, that I do mislike the destroying, or pulling down of that which is ill, but then, let us be as earnest to plant and build up that which is good in the room of it; for why should we be desolate? The best and the greatest way to dispel darkness and the deeds thereof is to let in light, we say that day breaks, but no man can ever hear the noise of it, God comes in the still voice, let us quickly mend our Candlesticks, and we cannot want lights.  
I am afraid this backwardness of ours will give the adversary occasion to say, that we choose our Religion, because it is the cheaper of the two, that we would willingly serve God with somewhat that cost us naught. Believe it Mr. Pym, he that thinks to save any thing by his Religion but his Soul, will be a terrible loser in the end, we sow so sparingly, and that is the reason we reap so sparingly, and have no more fruit. Me thinks whosoever hates Papistry, should by the same rule hate covetousness, for that's Idolatry too, I never liked hot professions and cold actions, such a heat is rather the heat of a distemper and disease then of life and saving health.  
For scandalous Ministers, there is no man shall be more forward to have them sincerely punished than I will be, when Salt hath lost its savour, fit it is to be cast on the unsavoury place the dunghill. But Sr. let us deal with them as God hath dealt with us: God before he made man, he made the World, a handsome place for him to dwell in, so let us provide them convenient live, and then punish them on God's name, but till then, scandalous live cannot but have scandalous Ministers. It shall ever be a rule to me, that where the Church and Commonwealth are both of one Religion, it is comely and decent that the outward splendour of the Church should hold a proportion, and participate with the prosperity of the temporal State, for why should we dwell in houses of Cedar and suffer God to dwell in Tin? It was a Glorious and Religious work of King james, and I speak it to his unspeakable Honour, and to the praise of that Nation, who (though that Country be not so rich as ours, yet are they Richer in their affections to Religion) within the space of one year, he caused to be planted Churches through all Scotland, the Highlands and the Boarders, worth 30. l. a year a piece, with a house and some gleab belonging to them, which 30. l. a year considering the cheapness of the Country, and the modest fashion of Ministers living there, is worth double as much as any where within a 100 miles of London, the printed Act and Commission whereby it may be executed, I have here in my hand delivered unto me by a Noble Gentleman of that Nation, and a worthy Member of this House Sir Francis Stuart.  
To conclude, although Christianity and Religion be established generally throughout this Kingdom, yet until it be planted more particularly I shall scarce think this a Christian Commonwealth, seeing it hath been moved and stirred in Parliament, it will lie heavy upon Parliaments, until it be effected. Let us do something for God here of our own, and no doubt God will bless our proceed in this place the better for ever hereafter. And for my own part I will never give over soliciting this cause as long as Parliaments and I shall live together.   

CHARLES REX. To our trusty and wellbeloved the Lords Spiritual and Temporal of the Higher House of PARLIAMENT.  
WE being desirous of nothing more than the advancement of the good peace, and prosperity of our people, have given leave to free debates of highest points of our Prerogative Royal, which in times of our Predecessors, Kings and Queens of this Realm were ever restrained as Matters they would not have disputed, and in other things we have been willing fairly to condescend to the desires of our loving Subjects as might fully satisfy all moderate minds, and free them from all just fears and jealousies, with those Messages which heretofore we have sent to the Commons House, will well demonstrate to the World, and yet we find it still insisted on, that in no case whatsoever, should it never so nearly concern Matters of State and government, we nor our privy Council have power to commit any man without the cause shown, whereas it often happens that should the cause be showed the service thereby would be destroyed and defeated, and the cause alleged must be such as may be determined by our Judges of our Courts at Westminster in a Legal and Ordinary way of Justice, whereas the cause may be such whereof the Judges have no capacity of Judicature, or rules of Law to direct, or guide their Judgements in cases of that transcendent nature, which happening so often, the very intermitting of the constant rules of government (for many ages within this Kingdom practised) would soon dissolve the very frame and foundation of our Monarchy; wherefore as to our Commons we have made propositions which might equally preserve the just Liberty of the Subject. So my Lords, we have thought good to let you know that without overthrow of our Sovereignty we cannot suffer this power to be impeached. But notwithstanding to clear our conscience, and just intentions this we publish, that it is not in our hearts, nor ever will we extend our royal power lent unto us from God beyond the just rule of moderation in any thing which shall be contrary to our Laws and Customs, where the safety of our people shall be our only aim. And we do hereby declare our royal pleasure, and resolution to be (which God willing we shall ever constantly continue and maintain) that neither we nor our privy Council, shall or will at any time hereafter commit, or command to Prison, or otherwise restrain the Person of any for not lending money unto us, or for any other cause, which in our conscience doth not concern the State, the public good and safety of us and of our people, we will not be drawn to pretend any cause which in our Judgements is not, or is not expressed; which base thought we hope no man will imagine can fall into our royal breast, that in all cases of this nature which shall hereafter happen, we shall upon the humble Petition of the party, or access of our Judges to us readily and really express the cause of their commitment, or restraint, so soon as with conveniency and safety the same is fit to be disclosed and expressed. That in all causes Criminal of ordinary Jurisdiction our Judges shall proceed to the deliverance and bailment of the Prisoner, according to the known and ordinary rules of the Laws of this Land, and according to the Statutes of Magna Charta, and those other six Statutes insisted upon, which we do take knowledge stand in force, and which we intent not to abrogate against the true intention thereof.  
Thus we have thought fit to signify unto you, the rather for shortening any long delays of this question, the season of the year so far advance, and our great occasions of State not lending us many days for long continuance of this Session of Parliament.  
Given under our Signet at our Palace of Westminster, the 12. of May, in the fourth year of our Reign.   

The KING'S Message by the Lord Keeper, 21. May 1628.  
HIs Majesty commanded me to signify to your Lordships, that the business concerning your part presented by the Commons to the Lords concerning the Liberty of the Subject, wholly depends upon your Lordships, and because his affairs are pressing, and that he is very suddenly to take a Journey to Portsmouth. As also because his Majesty would have the business put in a good forwardness before his going thither, his Majesty desires your Lordships this day to proceed to a resolution, whether you will join with the House of Commons in the Petition or not.   

Mr. MASONS speech, concerning the Addition propounded by the Lords, to be added to the Petition of Right.  
IN our Petition of Right to the King's Majesty we mentioned the Laws and Statutes, by which it appeared, that no Tax, Loan, or the like aught to be levied by the King, but by common assent in Parliament. That no Freeman ought to be imprisoned but by the Law of the Land. That no Freeman ought to be compelled to suffer Soldiers in his house. In the Petition we have expressed the breach of these Laws, and desire that we may not suffer the like, all which we pray as our Rights and Liberties. The Lords have proposed an addition to this Petition in these words. (We humbly present this Petition to your Majesty, not only with a care of our own Liberties, but with a due regard to leave entire that Sovereign power wherewith your Majesty is entrusted for the protection, safety▪ and happiness of your people) and whether we shall consent unto this addition is the Subject of this day's discourse. And because my Lord Keeper at the last conference declared their Lordships had taken the words of the Petition apart. The word (leave) in a Petition is of the same nature, as (saving) in a grant, or Act of Parliament, when a Man grants but part of a thing, he saves the rest, when he Petitions to be restored but to part, he leaveth the rest, then in the end of our Petition the word (leave) will imply that something is to be left of that, or at least with a Reverence to what we desire.  
The word (entire) is very considerable, a Conqueror is bound by no Law but hath power dare leges, his will is a Law, and although William the Conqueror at first to make his way to the Crown of England the more easy, and the possession of it the more sure, claiming it by little, but afterwards when there were no powerful pretenders to the Crown. The little of Conquest to introduce that absolute power of a Conqueror was claimed, and that Statute of Magna Charta, and other Statutes mentioned in our Petition do principally limmit that power I hope it is as Lawful for me to cite a Jesuit as it is for Dr. Manwaring to falsify him, Suares, in his first book de legibus, cap. 17. delivered his opinion in these words amplitudo & restrictio potestatis Regum circa ea quae per se mala vel injusta non sunt, pendet ex arbitrio hominum & ex ambigua convencione vel pacto inter Reges & Regnum. And the further expresseth his opinion that the King of Spain was so absolute a Monarch, that he might Lawfully impose tribute without consent of his people, until about 200. years since, when it was concluded between him and his people, that without consent of his people by proxies he should not impose any Tribute. And Suares opinion is, that by that agreement the Kings of Spain are bound to impose no Tribute without consent.  
And this agreement that Author calls a restraining of that Sovereign power, the Statutes then mentioned in our Petition restraining that absolute power of a Conqueror, if we recite those Statutes, and say we have the Sovereign power entire, we do not take away that restraint which is the virtue and strength of those Statutes, and set at Liberty the claim of the Sovereign power of a Conqueror, which is to be limited and restrained by no Laws, this may be the danger of the word (entire.)  
The next words delivered by the Lords as observable is the particle (that) because it was said that all Sovereign power is not mentioned to be left, but only (that) with which the King is trusted for our protection, safety, and happiness: But I conceive this to be an exception of all Sovereign power, for all Sovereign power in a King is for the protection, safety, and happiness of his people: If all Sovereign power be excepted, you may easily Judge the consequence, all Loans and Taxes being imposed by colour of that Sovereign power.  
The next word is (trusted) which is very ambiguous, whether it be meant trusted by God only as a Conqueror, or by the people also as King, which are to Govern also according to Laws ex pacto. In this point I will not presume to adventure further, only I like it not by reason of the doubtful exposition it admits. I have likewise considered the proposition itself, and therein I have fallen upon the dilemma that this addition shall be construed, either to refer unto the Petition or not: If it doth refer unto the Petition, it is merely useless and unnecessary, and unbefitting the Judgement of this grave and great Assembly to add to a Petition of this weight; If it hath reference: unto it, than it destroys not only the virtue and strength of our Petition of Right, but our rights themselves, for the addition being referred to each part of the Petition, will necessarily receive this construction.  
That none ought to be compelled to make any gift, loan, or such like charge without common consent, or Act of Parliament, unless it be by the Sovereign power with which the King is trusted for the protection, safety, and happiness of his people.  
That none ought to be compelled to sojourn, or billet Soldiers, unless by the same Sovereign power, and so of the rest of the Rights contained in the Petition. And then the most favourable construction will be that the King hath an ordinary Prerogative, and by that he cannot impose Taxes or Imprison. That is, he cannot impose Taxes at his will to employ them as he pleaseth, & that he hath an extraordinary and transcendent Sovereign power for the protection and happiness of his people, and for such purpose, he may impose Taxes, or billet Soldiers as he pleaseth, and we may assure ourselves that hereafter all Loans, Taxes, and billeting of Soldiers will be said to be for the protection, safety, and happiness of the people. Certainly hereafter it will be conceived that an House of Parliament would not have made an unnecessary addition to this Petition of Right, and therefore it will be resolved that the addition hath relation to the Petition, which will have such operation as I have formerly declared, and I the rather fear it, because the late Loan and Billeting have been declared to have been by Sovereign power for the good of ourselves, and if it be doubtful whether this proposition hath reverence to the Petition or not, I know not who shall Judge whether Loans, or Imprisonments hereafter be by that Sovereign power or not.  
A Parliament which is made a body of several wits, and may be dissolved by one Commission cannot be certain to decide this question. We cannot resolve that, that the Judges shall determine the words of the King's Letter read in this House, expressing the cause of Commitment, may be such, that the Judges have not capacity of Judicature, no rules of Law to direct & guide their Judgements in cases of that transcendent nature, the Judges then and the Judgements are easily conjectured. It hath been confessed by the King's Council, that the Statute of Magna Charta binds the King, and his Sovereign power cannot be divided from himself. If then the Statute of Magna Charta binds the King, it binds his Sovereign power, if to the Petition these words be added, the exposition than must be, that the Statute of Magna Charta binds the King's Sovereign power. Saving the King's Sovereign power, I shall endeavour to give some answer to the reasons given by the Lords.  
The first is, that it is the intention of both Houses to maintain the just Liberty of the Subject, and not to diminish the just power of the King, and therefore the expression of that intention in this Petition cannot prejudice us; which I answer,  
First that our intention was, and is as we then professed, and no man can assign any particular in which we have done to the contrary. Neither have we any way transgressed in that kind in this Petition, and if we make this addition to the Petition, it would give some intimution, that we have given cause or colour of offence therein which we deny, and which if any man conceive so, that he would assign the particular, that we may give an answer thereunto.  
By our Petition we only desire our particular Rights and Liberties to be confirmed to us, and therefore it is not proper for us in it to mention Sovereign power in general, being altogether impertinent to the matter in the Petition.  
There is a great difference between the words of the addition, and the words proposed therein, for reason, viz. between just power which may be conceived to be limited by Laws, and Sovereign power, which is supposed to be transcendent and boundless.  
The second reason delivered by their Lordships was that the King is Sovereign. That as he is Sovereign he hath power, and that that Sovereign power is to left, for my part I would leave it, so as not to mention it, but if it should be expressed to be left in this Petition as it is proposed, it must admit something to be left in the King of what we pray, or at least admit some Sovereign power in his Majesty in these Privileges, which we claim to be our Right which would frustrate our Petition and destroy our Right, as I have formerly showed.  
The third reason given from this addition was that in the statute Articuli super Chartas, there is a saving of the right and signory of the Crown.  
To which I give these answers: That Magna Charta was confirmed above 30 times, and a general saving was in none of these Acts of confirmation but in this only, and I see no cause we should follow one ill, and not 30 good Precedents, and the rather because that saving produced ill effects that are well known.  
That saving was by Acts of Parliament: The conclusion of which Act, is, that in all those Cases the King did will, and all those that were at the making of that Ordinance, did intent that the Right and Seignory of the Crown should be saved: By which it appears that the saving was not in the Petition of the Commons, but added by the King, for in the Petition the Kings will is no expressed.  
In that Act the King did grant and departed with to his people divers Rights belonging to his prerogative, as in the first Chapter he granted that the people might choose three Men which might have power to hear and determine complaints made against those that offended in any point of Magna Charta, though they were the King's officers, and to fine and ransom them, and in the 8.12. and 19 Chapter of that Statute the King departed with other prerogatives, and therefore there might be some reason of the adding of that Sovereign by the King's Council: But in this Petition we desire nothing of the King's Prerogative, but pray the enjoying of our proper and undoubted Rights and Privileges, and therefore there is no cause to add any words which may imply a saving of that which concerns not the matter in the Petition.  
The 4. reason given by their Lordships was, that by the mouth of our Speaker, we have this Parliament declared that it was far from our intention to encroach upon his Majesty's Prerogative, and that therefore it could not prejudice us to mention the same resolution in an addition to this Petition.  
To which I answer that that declaration was a general answer to a Message from his Majesty to us, by which his Majesty expressed that he would not have his Prerogative straightened by any new explanation of Magna Charta, or the rest of the Statutes, and therefore that expression of our Speakers was then proper to make it have reference to this Petition; there being nothing therein contained, but particular Rights of the Subject, and nothing at all concerning his Majesty's Prerogative.  
Secondly that answer was to give his Majectie satisfaction of all our proceed in general, and no man can assign any particular in which we have broken it, and this Petition justifies itself, that in it we have not offended against the protestation, and I know no reason but that this declaration should be added to all our Laws we shall agree on this Parliament, as well as to this Petition.  
The last reason given, was, that we have varied in our Petition from the words of Magna Charta, and therefore it was well necessary that a saving should be added to the Petition.  
I answer that in the Statute 5. E. 3. 25. E. 3. 28. E. 3. and other Statutes, with which Magna Charta is confirmed, the words of the Statute of explanation differ from the words of Magna Charta itself, the words of some of the Statutes of explanation being, that no man ought to be apprehended, unless by indictment, or due process of Law, & the other statutes differing from the words of Magna Charta in many other particulars, and yet there is not (saving) in those Statutes, much less should there be any in a Petition of Right, these are the answers I have conceived to the reasons of their Lordships, and the exposition I apprehend must be made of the proposed words, being added to our Petition. And therefore I conclude that in my opinion we may not consent to this addition, which I submit to better Judgements.   

The Reasons of the Commons House delivered by Mr. GLANUILE, why they cannot admit of the Propositions tendered unto them by the Lords.  
May it please your Lordships,  
I Am commanded by the House of Commons to deliver unto your Lordships their reasons, why they cannot admit of the Proposition tendered unto them by you: but for an introduction into the business, please you to remember that a Petition of Right was showed to your Lordships, wherein we desired you would join with us, a Petition my Lords fitting for these times, grounded upon Law, and seeking no more than the Subjects just Liberty.  
The Petition consisted of 4. parts. The first touching Loan, Aids, and Taxes. The second touching imprisonment of men's Persons. The third touching Billeting of Soldiers. The fourth touching Commissions issued for Martial Law, and put in execution upon several Persons. Groaning under the burden of these, we desired remedy, and wish your Lordships would join with us, which you having taken into consideration, we must confess, have dealt nobly and freely with us, not to conclude any thing till you hear our just reasons, for which we thank your Lordships, and hope your Lordships will value those reasons which we shall now offer unto your Lordships.  
The work of this day will make a happy issue, if your Lordships please to relinquish this, as we formerly upon conference with your Lordships have done some other things. For the Proposition my Lords we have debated it throughly in our House, and I am commanded to deliver unto you the reasons why we cannot insert this clause, Neither your Lordships, nor we desire to debate Liberty beyond the due bounds, or to encroach upon the King's Prerogative and lessen the bounds thereof. The first reason I am to lay down, is, touching Sovereign power, which I beseech you not to accept as my own, being but a weak Member of that strong body, but as the reasons of the whole House upon great and grave considerations.  
First my Lords, the words Sovereign power hath either reference, or no reference to the Petition, if no reference then superfluous, if a reference then dangerous and operative upon the Petition, and we think your Lordship's purposes is not to offer unto us any thing that may be vain, or to the hindrance of any thing wherein you have already joined with us. The Petition declareth the Right of the Subject, which yet may be broken by the word Sovereign power, and so the virtue of the Petition taken away. The end of the Petition is not to enlarge the bounds of Law, but their Liberties being infringed, to reduce them to their ancient bounds, and shall we by admitting of these words Sovereign power, instead of cureing the wound, launch it and cut it deeper? The next point is, the word (trust) a word of large latitude, and deep sense, we know that there is a trust in the Crown and King, but regulated by Law, we acknowledge in penal Statutes the King may grant another power to dispense with the Law, but Magna Charta inflicting no penalty leaveth no trust, but claimeth his own right, therefore the word (trust) would confound this distinction.  
Our next reason is, we think it absolutely repugnant to any course of Parliament to put (saving) to the Petition. In former times the course of petitioning the King was this: The Lords and the Speaker either by words, or writing preferred their Petition to the King, this than was called the Bill of the Commons, which being received by the King, part he received and part he put out, part he retified, for as it came from him it was drawn into a Law, But this course in 2. H. 5. was found prejudicial to the Subject, and since in no such cases they have petitioned by Petition of Right, as we now do, who come to declare what we demand of the King: For if we should tell him what we should not demand, we should then proceed not in a Parliamentary course. Now for that which is alleged by your Lordships de articulis sup. Chartas, that my Lords is not like this, that is (saving) upon particulars; But this Petition consisting consisting on particulars, would be destroyed by a general saving, The saving de articulis sup. Chartas are of three aids, for Ransomming the King's Person, for Knighting the King's eldest Son, and once for Marrying the King's eldest Daughter: These by the form of the Petition, show that they came not in upon the King's answer, but upon the Petition. First then followed the (save) which under favour, we think are no reasons to make us accept of this (saving) being not pertinent to the Petition.  
These 23. Statutes 34. E. 1. were made to confirm Magna Charta, so that there are in all 30. Acts to set Magna Charta in its purity, and if some subsequent Statute have laid some blemish upon it, shall we now then make the subject in worse case, by laying more weight upon it (God forbidden.) In the next place your Lordship's reason thus, that this which you wish we would admit of, is no more than what we formerly did profess, when we sent the King word, we had no purpose at all to trench upon his prerogatives. It is true my Lords we did so, but this was not annexed to any Petition, for in that manner we should never have done it. And here I am commanded (with your favours) to deliver unto you what a Learned Member of the House delivered unto our House touching this point. The King (saith he) and the Subject hath two liberties. Two Manors, joining one upon another; the King is informed the Subject hath intruded upon him, but upon trial it appeareth not to be so, were it fitting, think you that the Subject should give security that he should not encroach or intrude on that Manor of his because the King had been informed he did so? I think you will be of another mind, wherefore I am commanded seeing we cannot admit of this addition, to desire your Lordships to join with us in the Petition, which being granted and the hearts of the King and people knit together, I doubt not but his Majesty will be safe at home, and feared abroad.   

Sir HENRY MARTIN'S Speech.  
MY Lords; the work of this day wherein the House of Commons hath employed the Gentleman that spoke last, and myself was to reply to the answer, which it hath pleased the Lord Keeper to make to those reasons, which we had offered to your Lordship's consideration, in justification of our refusal, not to admit into our Petition the addition commended by your Lordships, which reasons of ours since they have not given such satisfaction as we desired, and well hoped, as by the Lord Keepers answer appeared. It was thought fit for our better order and method in replying, to divide the Lord Keeper's answer into two parts, a Leagall, and a Rational: The reply to the leagall your Lordships have heard, myself comes entrusted to reply to the rational, which also consisted of two branches, the first deduced from the whole context of the additional clause, the second enforced out of some part.  
In the first were these reasons, that the same deserved our acceptance. First as satisfactory to the King, Secondly to your Lordships, Thirdly, agreeable to what ourselves had often protested, and professed expressly by the mouth of our Speaker.  
I must confess these motives were weighty and of great force, and therefore to avoid misunderstanding, and misconceit, which otherwise might be taken against the House of Commons upon refusal of the propounded addition, It is necessary to State the question rightly, and to set down the true difference between your Lordships and us: Now indeed there is no difference or question between your Lordships and us, concerning this additional clause in the nature and quality of a proposition: For so considered we say it is most true, and to be received and embraced by us; In toto & qualibet parte & qualibet syllaba, yea and were that the question we should add to this addition, and instead of (due regard) say, we have had, have and ever will have a special and singular regard: where to leave entire Sovereign power, were to intimate as if we had first cropped it and then left it, but our regard was to acknowledge and confess it sincerely and to maintain it constantly, even to the hazard of our goods and lives if need be.  
To which purpose your Lordships may be pleased to remember that strict oath every Member of our House hath taken this very session in these words I (A. B.) do utterly testify and declare in my Conscience that the King's highness is the Supreme or Sovereign Governor of this Realm in all Causes etc. and to my utmost power will assist and defend all jurisdictions, Privileges Preeminencies and Authorities granted or belonging to the King's Highness or united or annexed to the Imperial Crown of this Realm, etc.  
So that your Lordships need not to borrow from our protestations any exhortations to us, to entertain a writing in assistance of the King's Sovereign power, since we stand obliged by the most Sacred bond of a solemn Oath, to assist and defend the same if cause or occasion so required; So that the only question between your Lordships and us is, whether this clause should be added to our Petition and received into it as part thereof? which to do your Lordship's reasons have not persuaded us, because so to admit it, were to overthrow the fabric and substance of our Petition of Right and to annihilate the Right pretended by us, and the Petition it self in effect. For these words being added to our Petition (viz) we humbly present this Petition etc. with due regard to leave entire your Sovereign power etc. do include manifestly an exception to our Petition, and an exception being of the nature of the thing whereunto it is an exception, Exceptio est de regula, must of necessity destroy the rule or Petition so far as to the Case excepted; Exceptio firmat regulam in Casibus non exceptis, in Casibus exceptis distruit Regulam. Then this construction followeth upon our Petition thus enlarged, that after we have Petitioned, That no Freeman should be compelled by imprisonment to lend or contribute money to his Majesty without his assent in Parliament, nor receive against his will Soldiers into his house, or undergo a commission of Martial Law for life or Member in time of peace: We should add, except his Majesty be pleased to require our moneys and imprison us for not lending, and send Soldiers into our houses, and execute us by Martial Law in time of peace by virtue of his Sovereign power.  
Which construction as it followeth necessarily upon this inlargment, so it concludeth against our Right in the premises, and utterly frustrateth all our Petition, neither may it seem strange if this clause additional (which of itself in quality of a proposition we confess) being added to our Petition (which also is true) should overthrow the very frame and fabric of it, seeing the Logicians take knowledge of such a Fallacy called by them, Fallacia à bene divisis ad male conjuncta. Horace the Poet giveth an instance to this purpose in a painter, who, when he had painted the head of a Man according to Art, would then join to it the neck of a horse, and so mar the one and the other, whereas each by itself might have been a piece of right good workmanship.  
The second branch of my Lordkeepers rational part was enforced out of the last words of this addition, by which his Lordship said, that they did not leave entire all Sovereign power, but that wherewith his Majesty is trusted, for the protection, safety, and happiness of the people, as if his Lordship would infer that Sovereign power wherewith, etc. in this place, to be terminum diminuentem ● term of diminution or qualification, and in that consideration might induce us to accept it, but under his Lordship's correction we cannot so interpret it. For first we are assured that there is no Sovereign power wherewith his Majesty is trusted either by God or Man, but only that which is for the protection, safety and happiness of his people, and therefore that limitation can make no impression upon us, but we conceive it rather in this place to have the force termini ada●gentis, to be a term of important advantage against our Petition, a term of restriction, and that wheresoever his Majesty's Sovereign power should be exercised upon us in all or any the particulars mentioned in the Petition, we should without further inquiry submit thereunto as assuming and taking it pro concesso it induced to our safety and happiness, etc. Since therefore (as the Petition is now conceived) it carrieth the form and face of a picture, which representeth to the life the pressures and grievances of the peoples, with the easy remedies. And therefore we hope that his Majesty's casting upon it a gracious eye, will compassionate his poor loyal Subjects, and afford a comfortable answer.  
I do humbly pray your Lordships not to mar or blemish the grace and face of this picture with this unnecessary addition, and unnecessary I prove it to be, according to that Rule expressio ejus quod tacitè inest nihil operatur. And Sovereign power in Cases where it hath place, and aught to be used, is always necessarily understood, and though not expressed, yet supplied by reasonable intendment, or by the opinion of all Learned men.  
And therefore as it neither is, nor can be by us expressly included, especially in this Petition, where the addition thereof would make such a confusion of the whole sense and substance.  
The King's Sovereign power and Prerogative is always able to save itself, and if it were not, we must without this addition save it to our utmost powers, if we will save our Oath, and save ourselves. The true state of the cause thus standing between your Lordships and us, the House of Commons doth not a little marvel upon what grounds your Lordships are so earnest, to urge upon them this addition to be inserted into their Petition, they nothing doubt, but that the same proceeded out of a solicitude and fear which your Lordships have, lest otherwise the simple and absolute passage of this Petition might be construed hereafter in prejudice of his Majesty's Sovereign power. And this your Lordship's solicitude and fear proceedeth from your love, as the Poet saith, Res est solliciti plena Timoris Amor: But I humbly pray your Lordships to examine with us the grounds of this your solicitude and fear, which grounds needs must be laid either upon the words of the Petition, or the intention of the Petitioners.  
Upon the words there is no possibility to lay them, for therein is no mention of the Sovereign power. And were the words doubtful as thus, we pray the like things be not done hereafter, under pretext of your Majesty's Sovereign power, yet in respect of the Protestations preceding concommitant and subsequent to the Petition, such doubtful words ought reasonably to be interpreted only of such Sovereign power as was not appliable to the cases wherein it was exercised, and of such Sovereign power as should be justly practised. But there are no such doubtful words, and therefore it followeth that your Lordship's fear and solicitude must be grounded upon the intention of the Petitioners. Now your Lordships well know that the House of Commons is not ignorant, that in a Session of Parliament, though it continue as many weeks, as this hath done days, yet there is nothing prius & posterius, but all things are held and taken as done at one time, If so, what a strange collection was this, that at the same time, the House of Commons should oblige themselves by a fearful adjuration, to assist and defend all Privileges and Prerogatives belonging to the King, and at the same time by a Petition (cautiously conveyed) endeavour, or intent to divest and deprive the King of some Prerogatives belonging to his Crown. If therefore such fear and solicitude can neither be grounded upon the words of the Petition nor intention of the Petitioners, I humbly pray your Lordships to lay them aside, as we do believe that the proposition of this addition from your Lordships was not only excusable, but commendable as proceeding from your love, so now having heard our reasons your Lordships would rest satisfied, that our refusal to admit them into our Petition proceedeth from the conscience of the integrity and uprightness of our own hearts, That we in all this Petition have no such end to abate, or diminish the King's just Prerogative: And so much in reply to that rational part whereby my Lord Keeper laboured to persuade the entertainment of this addition.  
This being done, it pleased the House of Commons to instruct and furnish me with certain reasons, which I should use to your Lordships to procure your absolute conjunction with us in presenting this Petition, which albeit I cannot set forth according to their worth, and the instructions given me by the House, yet I hope their own weight will so press down into your Lordship's consciences and judgements, that without further scruple you will cheerfully vouchsafe to accompany this Petition with your right noble presence.  
A Personis. The first argument wherewith I was commanded to move your Lordships, was drawn from the consideration of the Persons which are Petitioners: The House of Common, a House whose temper, mildness, and moderation in this Parliament hath been such, as we should be unthankful, and injurious to Almighty God, if we should not acknowledge his good hand upon us, upon our tongues, upon our hearts, procured (no doubt) by our late solemn and public humiliation and prayers.  
This moderation will the better appear, if in the first place we may be remembered, in what passion and distemper many Members of this House arrived thither, what bosoms, what pockets full of complaints, and lamentable grievances the most part brought thither, and those every day renewed by Letters and Packets from all parts and quarters. You know the old proverb ubi dolor ibi digitus, ubi amor ibi oculus. It is hard to keep our fingers from often handling the parts ill affected; but yet our moderation overcame our passion, our discretion overcame our affection; This moderation also will the better appear, if in the second place it be not forgotten, how our Ancestors and Predecessors carried themselves in Parliaments, when upon lighter provocations less could not serve their turns, but new severe Commissions to hear, and determine offences against their Liberties, public Ecclesiastical curses, or excommunications against the Authors or Actors of such violations, accusations, condemnations, executions, banishments. But what have we said all this Parliament? we only look forward, not backward, we desire amendment hereafter, no man's punishment for aught done heretofore: Nothing written by us in blood; nay, not one word spoken against any man's Person in displeasure. The conclusion of our Petition is, That we may be better entreated in time to come: And doth not this moderate Petition deserve your Lordship's cheerful conjunction ex congruo & condigno? If a Worm, being trodden upon, could speak, a Worm would say, tread upon me no more I pray you, higher we rise, not lower we cannot descend. And thus much we think in modesty may well be spoken in our own commendation; thence to move your Lordships to vouchsafe us your noble Company in this Petition without surcharging it with this addition.  
A tempore. Our next argument is drawn a tempore from the unseasonableness of the time. The wise man saith, there is a time for all things under the Sun tempus suum. And if in the wise man's Judgement a word spoken in its due time be precious as Gold and Silver, than an unseasonable time detracts as much from the thing, or word done, or spoken: We hold (under your favours) that the time is not seasonable now for this addition. It is true, that of itself Sovereign power is a thing always so sacred▪ that to handle it otherwise then tenderly, is a kind of sacrilege, and to speak of it otherwise then reverently, is a kind of blasphemy, but every vulgar capacity is not so affected, the most part of men, nay almost all men judge and esteem, all things not according to their own intrinsic virtue and quality, but according to their immediate effects, and operations which the same things have upon them. Hence it is, that Religion itself receiveth more, or less credit and approbation, as the Teachers and Professors are worse, or better, Yea if God himself send a very wet Harvest, or Seedtime, men are apt enough to censure Divine power. The Sovereign power hath not now for the present the ancient amiable aspect in respect of some late sad influences, but by God's grace it will soon recover.  
To intermix with this Petition any mention of Sovereign power (rebus sic stantibus) when angry men say Sovereign power hath been abused, and the most moderate wish it had not been so used, we hold it not seasonable under your Lordship's correction.  
A loco. Our next argument is drawn a loco, we think the place where your Lordships would have this addition inserted, viz. in the Petition, no convenient, or seasonable place; Your Lordships will easily believe that this Petition will run through many hands, every man will be desirous to see, and to read what their Knights, and their Burgesses have done in Parliament upon their complaints, what they have brought home for their 5. Subsedies. If in perusing of this Petition they fall upon the mention of Sovereign power, they presently fall to arguing, & reasoning, and discanting what Sovereign power is, what is the Latitude, whence the Original? and where the bounds? with many such curious and captious questions, by which course Sovereign power is little advanced, or advantaged: For I have ever been of opinion that it is then best with Sovereign power, when it is had in tacit venerationem, not when it is profaned by public hear, or examinations.  
Our last argument is drawn from our duty and Loyalty to his Majesty, in consideration whereof we are fearful at this time to take this addition into our Petition lest we should do his Majesty herein some disservice. With your Lordships, we make the great Council of the King and Kingdom: And though your Lordships having the happiness to be near his Majesty, know other things better, yet certainly the state and condition of the several parts, for which we serve, their dispositions and inclinations, their apprehensions, their fears and jealousies are best known unto us. And here I pray your Lordships to give me leave to use the figure called Reticentia, that is, to insinuate, and intimate more than I mean to speak. Our chief and principal end in this Parliament is to make up all rents, or breaches between the King and his Subjects, to draw them and knit them together from that distance whereof the world abroad takes too much notice to work a perfect union and reconciliation, how improperly and unapt at this time this addition would be in respect of this end, we cannot but foresee, and therefore shun it, and do resolve that it is neither agreeable to the Persons of such Councillors whom we are, nor answerable to that love and duty which we own to his Majesty to hazard an end of such unspeakable consequence upon the admittance of this addition into our Petition, whereof (as we have showed) the omission at this time can by no means harm the King's Prerogative, the expression may produce manifold inconveniences, and therefore since the admittance of your Lordship's addition into our Petition is incoherent and incompatible with the body of the same, since there is no necessary use of it, for the saving of the King's rerogative, since the moderation of our Petition deserveth your Lordship's cheerful conjunction with us, since this addition is unseasonable for the time, and inconvenient in respect of the place where your Lordships would have it inserted; and lastly may prove a disservice to his Majesty.  
I conclude with a most affectionate prayer to your Lordships to join with the House of Commons in presenting this Petition unto his sacred Majesty as it is without this addition.   

The KING'S speech in the Higher House at the meeting of both Houses, 2. June 1628.  
Gentlemen,  
I Am come hither to perform my duty, and I think no man will think it long, since I have not taken so many days in answering of the Petition as you have spent weeks in framing it, and I am come hither to show you that as well in formal things as in essential, I desire to give you as much content as in me lies.   

The Lord KEEPER in explanation of the same.  
MY Lords, and you the Knights, Citizens, and Burgesses of the House of Commons, his Majesty hath commanded me to say unto you, that he takes it in good part, that in consideration how to settle your own Liberty, you have generally professed in both Houses, that you have no intention for to lessen, or diminish his Majesty's Prerogative, wherein as you have cleared your own intentions, so his Majesty now comes to clear his, and to strike a firm league with his people, which is ever decreed to be most constant and perpetual, when the conditions are equal and known to be so: These cannot be in a more happy estate, then when your Liberties shall be an ornament and strength to his Majesty's Prerogative, and his Prerogative a defence to your Liberties. In this his Majesty doubts not, but both you and he shall take a mutual comfort hereafter, and for his part he is resolved to give an example in so using of his power, as hereafter you shall have no cause to complain. This is the sum of that which I am to say to you, Here read your own. Petition, and his Majesty's gracious answer.   

The KING'S answer to the Petition of Right, 2. June, by the Lord KEEPER.  
THe King willeth that Right be done, according to the Laws and Customs of the Realm, and that the Statutes be put in due execution, that the Subject may have no cause to complain of any wrong, or oppression contrary to their just Rights and Liberties, to the preservation whereof, he holds himself in conscience as well obliged, as of his Prerogative.   

Sir JOHN eliot's Speech 3. June.  
Mr. Speaker,  
WE sit here as the great Council of the King, and in that capacity, it is our duty to take into consideration the State, and affairs of the Kingdom, and where there is occasion to give them in a true representation by way of council and advice, with what we conceive necessary or expedient for them.  
In this consideration I confess many a sad thought hath affrighted me, and that not only in respect of our dangers from abroad, which yet I know are great, as they have been often in this place pressed and dilated to us, but in respect of our disorders here at home we do enforce those dangers and by which they are occasioned; For I believe I shall make clear unto you, that both at first the cause of these dangers were disorders, and our disorders now are yet our greatest dangers, and not so much the potency of our enemies, as the weakness of ourselves do threaten us, and that saying of the Father may be assumed by us, Non tam potentia sua quam negligentia nostra. Our want of true devotion to heaven, our insincerity and doubling in Religion, our want of Counsels, our precipitate actions, the sufficiency or unfaithfulness of our Generals abroad, the corruptions of our Ministers at home, the impoverishing of the Sovereign, the oppression and depression, the exhausting of our treasures, waste of our provisions, Consumption of our Ships, destructon of Men, This makes the advantage to our enemies, not the reputation of their Arms. And if in these there be not reformation, we need no Foes abroad, time itself will ruin us.  
To show this more fully, as I believe you will all hold it necessary, that there seem not an aspersion on the State, or imputation on the Government, as I have known such mentions misinterpreted, which far it is from me to propose, that have none but clear thoughts of the Excellency of his Majesty, nor can have other ends but the advancement of his glory: I shall desire a little of your patience extraordinarily to open the particulars, which I shall do with what brevity I may, answerable to the importance of the cause and the necessity now upon us, yet with such respect and observation to the time as I hope it shall not be troublesome.  
For the first than our insincerity and doubling in Religion, the greatest and most dangerous disordor of all others, which hath never been unpunished, and of which we have so many strong examples of all States, and in all times to awe us, What testimony doth it want? will you have Authority of books? look on the collection of the Committee for Religion, there is too clear an evidence; will you have Recors? see then the Commission procured for composition with the Papists in the North: Mark the proceed thereupon: you will find them to little less amounting then a toleration in effect, thought upon some slight payments and the easiness in them will likewise show the favour that's intended, Will you have proofs of men, witness the hopes, witness the presumptions, witness the reports of all the Papists generally, observe the dispositions of Commanders, the trust of Officers, the confidence of secrecies of employments in this Kingdom, in Ireland and elsewhere, they all will show it hath too great a certainty, and unto this add but the incontrolable evidence of that all-powerfull hand which we have felt so sorely that gave it full assurance, for as the Heavens oppose themselves to us for our impiety, so it is we that first oppose the Heavens.  
For the second, our want of Counsels, that great disorder in State, with which there cannot be stability, if effects may show their causes as they are, after a perfect demonstration of them, our misfortunes, our disasters serve to prove it, and the consequence they draw with them, If reason be allowed in this dark age, the judgement of dependencies and foresight of contingencies in affairs confirm it. For if we view ourselves at home, are we in strength, are we in reputation equal to our Ancestors? if we view ourselves abroad, are our Friends as many as our Enemies? Nay more, do our friends retain their safety and possessions? do our Enemies enlarge themselves, and gain for them and us? what Council to the loss of the Pallatinate, sacrificed we our honour and our men sent thither, stopping those greater powers appointed for that service, by which it might have been defensible, what Council gave direction to the late action? whose wounds are yet a bleeding, I mean the expedition to Rhee, of which there is yet so sad a memory in all men, what design for us, or advantage to our State could that import? you know the wisdom of our Ancestors, the practice of their times, how they preserved their safeties we all know and have as much cause to doubt as they had the greatness and ambition of that Kingdom, which the Old world could not satisfy against this greatness and ambition, we likewise know the proceed of that Princess, that never to be forgotten Excellency of Queen Elizabeth, whose name without admiration falls not into mention with her Enemies, you know how she advanced herself, how she advanced this Kingdom, how she advanced this Nation in glory and in state, how she depressed her Enemies, how she upheld her Friends, how she enjoyed a full security, and made them then our scorn, whom now are made our terror. Some of the principals she built on, were these, and if I mistake let reason and our Statesmen contradict me.  
First to maintain (in what she might) a unity in France, that that Kingdom being at peace within itself might be a Bulwark to keep back the power of Spain by land.  
Next to preserve an amity and league between the States and us, that so we might come in aid of the low Countries, and by that means receive their Ships and help by sea.  
This treable-cord so working between France the States and us, might enable us as occasion should require to give assistance unto others, and by this means the experience of that time doth tell us, that we were not only free from those fears that now possess and trouble us, but then our Names were fearful to our enemies. See now what correspondency or actions had with this, square it by these rules, that it induce a necessary consequence of the division of France between the Protestants and their King, of which there is too woeful and lamentable experience. It hath made an absolute breach between that State and us, and so entertained us against France, France in preparation against us, that we have nothing to promise our neighbours hardly for ourselves. Nay but observe the time, in which it was attempted, and you shall find it not only varying from those principals, but directly contrary and opposite ex diametro to those ends, and such as from the issue and success rather might be through a conception of Spain, then begotten here with us.   

Here there was an interruption made by Sr. HUMPHREY MAY expressing a dislike, but the House of Commons commanded him to go on: it thus followeth:  
Mr. Speaker,  
I Am sorry for this interruption, but much more sorry if there hath been occasion, wherein as I shall submit myself wholly to your judgement to receive what censure you should give me, if I have offended. So in the integrity of my intentions and clearness of my thoughts, I must still retain this confidence, that no greatness may deter me from the duties which I own to the service of my King and Country, but with a true English heart, that I shall discharge myself as faithfully and as really, to the extent of my poor power, as any man's, whose honours, or whose Offices most strictly have obliged him, you know the dangers Denmark is in, how much they concerned us, what in respect of our Alliance and the Country, what in the importance of the Sound, what an advantage to our Enemies the gain thereof would be? what loss? what prejudice to us by this division? we breaking upon France, France being enraged by us, the Netherlands at amazement between both, neither could we intent to aid that luckless King, whose loss is our disaster: Can those now that express their troubles at the hearing of these things, and have been so often told us in this place of their knowledge in the conjunctures and disjunctures of affairs, say, they advised in this? Was this an Act of Council Mr. Speaker? I have more charity then to think it, and unless they make a confession of themselves I cannot believe it.  
For the next, the insufficiency and unfaithfulness of our Generals, that great disorders abroad, what shall I say, I wish there were not cause to mention it, and but out of the apprehension of the dangers that's to come, if the like chance hereafter be not prevented, I could willingly be silent. But my duty to my Sovereign, and the service of this House, the safety and Honour of my Country are above all respects: and what so nearly tendeth to the prejudice of this may not be forborn.  
At Calis then, in that first expedition we made, when we arrived and found a Conquest ready, the Spanish ships I mean fit for the satisfaction of a Voyage, and of which some of the chiefest than there themselves, have since assured me the satisfaction would have been sufficient, either in point of Honour, or in point of profit, why was it neglected? why was it not achieved, it being of all hands granted, how sensible it was after, when with the destruction of some men, and with the exposition of some others, who though their fortune since have not been such, by chance came off: When I say with the loss of our serviceable men, that unserviceable men were gained, and the whole Army landed, why was there nothing done, why was there nothing attempted? if nothing were intended, wherefore did they Land? if there were a service, why were they shipped again?  
Mr. Speaker, it satisfies me too much in this, when I think of their dry and hungry march unto that drunken quarter, for so the Soldiers termed it, where was the period of their Journey, that divers of our men being left as a sacrifice to the Enemy, that labour was at an end.  
For the next undertaking at Reez I will not trouble you much, only this in short, was not that whole action carried against the Judgement, and opinion of the Officers those that were of Council? was not the first, was not the last, was not all in the landing, in the entrenching, in the continuance there in the assault, in the retreat? did any advice take place of such as were of Council. If there should be made a particular inquisition thereof these things will be manifest, and more I will not instance. Now the manifestation that was made for the reason of these Arms, nor by them nor in what manner, nor on what grounds it was published, nor what effects it hath wrought, drawing 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 expense, nor that wonder which no Alexander or Caesar ever did, the enriching of the Enemy by courtesies when the Soldiers wanted help, nor the private intercourses and Parleys 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 Rochel, 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 Country, if the Church, if the City 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 shows the greatness of our sickness, that if it have not some speedy remedy, our case is most desperate.  
Mr. Speaker, I fear I have been too long in these particulars 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, than 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 engaged, 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 particular 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 Algiers.  

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 witness.  
Witness likewise the Pallatinate.  
Witness Denmark.  
Witness the Turks.  
Witness the Dunkirk.  
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 weakened, nor had less hope how to be restored.  
These Mr. Speaker are our dangers, these are they do threaten us, and those are like that Trojan horse brought in cunningly to surprise us, in these do lurk the strongest of our Enemies ready to issue on us, and if we do not now the more speedily expel them, these are the sign, the invitation to others.  
These will prepare their entrance that we shall have no means left of refuge or defence, for if we have these Enemies at home, how can we strive with those that are abroad? If we be free from these, no other can impeach us, our ancient English virtue, that old Sparton valour cleared from these disorders being in sincerity of Religion once made friends with Heaven, having maturity of Counsels, 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 Ancient 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 Council of the Kingdom, and have the apprehension of these dangers, we may truly represent them unto the King, wherein I conceive we are bound by a triple Obligation of duty unto God, of duty to his Majesty, and of duty to our Country.  
And therefore I wish it may so stand with the wisdom and Judgement of the House, that they may be drawn into the body of a Remonstrance, and therein all humbly expressed with a prayer unto his Majesty for the safety of himself, and for the safety of the Kingdom, and for the safety of Religion. That he will be pleased to give us time to make perfect inquisition thereof, or to take them into his own wisdom, and there give them such timely reformation as the necessity of the cause, and his Justice doth import.  
And thus Sr. with a large affection and Loyalty to his Majesty, and with a firm duty and service to my Country, 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, only 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, the 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 useful as the Plough or Cart. But our shipping and our strength of Mariners 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 Seafaring 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 Newcastle 248. great ships, and with them proportionable number of Mariners, besides great and inestimable losses in less Vessels.    

The causes whereof are divers disorders in the late managing of Sea Affairs, before the employment of Ships and Men in his Majesty's service.  
FIrst, By pressing and taking up Merchant's 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 Manned to Winter Voyages, etc.  
Fourthly, By giving too little allowance of Wages, and 2. shill. per Tun for Fraight of ships so taken, being but half that which Merchants allow.  
Fifthly, By faults of inferior Ministers, men, and ships discharged after presses, or imbarques, are put to such charge that all decline not only the service, but the Trade of fishing and Sea-fareing, Those that are really pressed come far from the West, or the North to Chatham early in the year, and so with few clothes at the end of the Summer, nasty and weak, infect themselves and others.  

And in the employment.  
FIrst, Are Commanders weak, young, ignorant Captains, etc.  
Secondly, Are not provided of good Surgeons, and extraordinaries necessary for sick men.  
Thirdly, Both ships and men contrary to the wisdom of former times are set out in Winter Voyages, long, and dark nights, and in our Northern Seas upon our dangerous Coasts, which have consumed a World of our Mariners, and discouraged others.   

After the employment.  
FIrst, If the Mariners come home sick, no Hospitals, or Guest-Houses (as in other Countries) to relieve them.  
Secondly, If after all their miseries they return well, they are forced to sue for their due Wages till all they have is spent: Opportunity of new employment is lost, and themselves so discouraged, or put out of heart, that they either run away to the Enemy, or put themselves in foreign service, or betake themselves to any thing rather than the Sea life.  
And those whose ships have been taken up 36. Months, some 30. some 20. some more, some less, still complain they are not paid the small freight of 2. shill. per Tun, at first promised.  
By this means they have neither Money nor will to repair their ships, and none build new almost in any part, by reason of their discouragements, and those that do build, take care to build them unserviceable to avoid pressing, or taking up.   

The Remedies proposed in general.  
FIrst, That the State would be pleased to give all possible countenance and comfort to all sorts of Merchants and Fishermen, both by better guarding of the Seas, by settling of the Book of Rates and Customs and duties, and by orderly regulating the many affairs according to the wisdom of former times employing of skilful and experienced men, and more particularly in allowing the old 5. shill. per Tun, to all such as shall build new serviceable ships of 150. Tuns or upwards, upon a Certificate made before the Judge of the Admiralty to be duly paid by some Collectors of the Customs without further trouble.  
Secondly, To increase the freight from 2. shill. to 3. shill. per Tun, and Tonnage, to agree of the measure of Tonnage before the ships go into service, that upon return speedy payment may be made by some settled and published assignment.  
Thirdly, That all arrearages due to owners of ships and Mariners that have served, may be paid out of the subsedies, and that a certain course of payment for the future may be established and published.    

His Majesty's Message to the House of Commons by the SPEAKER, 6. June 1628.  
WHereas his Majesty understanding that you did conceive his last Message to restrain you in your just Privileges, These are to declare his intention that he had no meaning of barring you from what hath been your Right, but in the manner to avoid all scandals on his Council and actions past, his Ministers might not be, nor himself under their names taxed for their Counsels, and that no such particulars should be taken in hand as would ask a longer time of consideration then what he hath already prefixed, and still resolves to hold, that so for this time Christendom might have notice of a sweet parting between him and his people, which if it falls out his Majesty will not be long from another meeting, when such grievances (if there be any) at their leisure and convenience may be considered.   

The KING'S speech, 7 June.  
THe answer I have already given you was made with so good deliberation and approved by the judgement of so many wise men, that I could not have imagined but it should have given you full satisfaction. But to avoid all ambiguous interpretations, and to show you that there is no doubleness in my meaning, I am willing to please you in words as well as in substance. Read your Petition, and you shall have an answer I am sure will please you.   

Then the Petition of Right was read, and again the whole PARLIAMENT spoke.  
MAy it please your most Excellent Majesty. The Lords spiritual and temporal, and Commons in Parliament Assembled: taking into their considerations that the good intelligence between your Majesty and your people doth much depend upon your Majesty's answer unto their Petition of Right, formerly presented with an unanimous consent unto your Majesty. Do most humbly beseech your Majesty, that you will be graciously pleased to give a satisfactory answer thereunto in full Parliament.  
Soit droit fait come est desire par le Petition.  
Let right be done as is desired by the Petition.   

The KING again.  
THis I am sure is full, yet no more than I granted you in my first answer, for the meaning of that, was to confirm all your Liberties, knowing according to your own protestations, that you neither mean nor can hurt my Prerogative. And I assure you, my Maxim is, that the people's Liberties strengthen the King's Prerogative, and the King's Prerogative is to defend the people's Liberties.  
You see now how ready I have shown myself to satisfy your demands so that I have done my part; wherefore if this Parliament hath not a happy conclusion, the sin is yours, I am free of it.   

The Motions of the Lower-house to the Higher, 7. June 1628.  
THat the new granted subsedies might be expended, especially upon three, or four of the most necessary of those Propositions propounded by his Majesty.  
That they thought the most necessary employments for the subsedies were, first the repairing of our new impaired Navy Royal, and the decayed Sea munition. Secondly, the re-edifying of the breaches made in our Forts and Haven Towns. Thirdly, by a supply and speedy aid and assistance for Denmark.  
And whether in these they have judged rightly, or not the eminent and encroaching dangers of the present times might be a guide.  
Also they made Declaration of the late Suits and Petitions of our Mariners, having lately received from them a Bill of grievances against the Duke for defect of payment, and that not of some few, but the whole Company. And that if herein they had not sudden redress they must be forced to right themselves upon him, as they shall find opportunity.  
Herein the Commons did declare that they thought themselves bound in Conscience (as helping the oppressed) and in policy in preventing all such combustions to patronise and cherish them. Also they thought it expedient that all such books as have been questioned in Parliament, and since tolerated might after the dissolving thereof, by the virtue of the former Protection, pass uncontrollable, and the Authors thereof without molestation.  
In the interim, that this latter Proposition was debating upon just occasion being offered.   

Sr. THOMAS WENTWORTH delivered himself thus:  
RIght wise, Right worthy, how many instigations importune the sequel of my words. 1. The equity of your proceed. 2. The honnesty of my request, for I behold all your intendments grounded upon discretion and goodness, and your constitutions steered as well by charity as the extremity of Justice.  
This order (I say) and method of your proceed, together with the opportunity offered of the subject in hand, have emboldened me to solicit for an extension of the late granted Protections in general. The Lawfulness and honnesty of the Proposition depends upon these particulars. 1. The present troubles of the parties protected, having run themselves into further, and almost irrecoverable hazard by presuming upon, and feeding themselves with the hopes of a long continuing Parliament, let the second be this consequence. That which is prejudicial to the most ought to administer matter of advantage to the rest. Sith then our interpellations and disturbations amongst ourselves are unpleasing to all most all, if any benefit may be collected, let it fall upon these, for I think the breach of our Sessions can befriend none but such, nor such neither, but by means of this grant before hand. And because it is profitable that his Majesty may cause a remeeting the next Michalmass, let thither also reach there prescribed time for Liberty, and that till than there protections shall remain in as full virtue and Authority as if the Parliament were actually sitting.  
This Speech at the first bred some distaste, but afterwards seriously weighing the premises, they easily, and at last generally condescended, and so it is this day preferred to the Higher House.   

The KING'S Message to the Lower House, by Sr. HUMPHREY MAY 10. of June 1628.  
HIs Majesty is well pleased that your return of Right and his answer, be not only recorded in both Houses of Parliament, but also in all the Courts of Westminster, And that his pleasure is it be put in print for his Honour and the content, and satisfaction of his people, and that you proceed cheerfully to settle businesses for the good and reformation of the Commonwealth.   

Eeight particulars all voted in the House of Commons, 11. June 1628.  
THe excessive power of the Duke of Buckingham, and the abuse thereof, is the chief and principal Cause of all the mischiefs that have happened to the King and Kingdom.  

1. Innovation of Religion.  
2. Innovation of Government.  
3. Disasters of designs abroad.  
4. Not guarding of the Narrow Seas.  
5. Not guarding the Forts.  
6. The decay of Trade.  
7. The decay of Shipping.  
8. The want of Munition.    

The first Remonstrance.  
Most dread Sovereign,  
AS with all Humble thankfulness, we your dutiful Commons now in Parliament Assembled, do acknowledge the great comfort we have had in the assurance of your Majesty's pious and gracious disposition, So we think it our most necessary duty, being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Commonwealth. And finding them at this time in apparent danger of ruin and destruction, faithfully and dutifully to inform your Majesty thereof; and with bleeding hearts and bended knees to crave such speedy redress therein, as to your own wisdom (unto which we humbly submit ourselves and our desires) shall seem most meet and convenient, what the multitude and potency of your Majesty's Enemies are abroad, what be their malicious and ambitious ends, and how vigilant and constantly industrious they are in pursuing the same, is well known to your Majesty. Together with the dangers threatened thereby to your sacred Person and your Kingdoms, and the calamity which hath already fallen, and doth daily increase upon your Friends and Allies, of which we are all well assured your Majesty is most sensible, and will accordingly in your own great wisdom, and with the gravest and most mature Council, according to the exigency of the times and occasions, provide by all means to prevent and help the same. To which end, we most humbly entreat your Majesty first, and especially to cast your eyes upon the miserable condition of this your own Kingdom of late so strangely weakened, impoverished, dishonoured, and dejected, That unless through your Majesty's most gracious wisdom, goodness, and Justice it be speedily raised to a better condition, it is in no little danger to become a sudden prey to the Enemies thereof. And of the most happy and flourishing, to be the most miserable and contemptible Nation in the World. In the discovery of which dangers, mischiefs, and inconveniences lying upon us, we do freely protest that it is far from our thoughts to lay the least aspersion upon your Majesty's sacred Person, or the least scandal upon your Government, for we do in all sincerity, and with all joyfulness of heart, not only for ourselves, but in the name of the whole Commons of England, whom we represent, ascribe as much honour to your Majesty, and acknowledge as much duty as a most loyal and affectionate people can do unto the best King (for so you are) and so you have been pleased abundantly to express yourself this present Parliament by your Majesty's clear and satisfactory answer to our Petition of Right, for which, both we, ourselves, and our posterities shall bless God for you, and ever preserve a thankful memory of your great goodness and Justice therein, and we do verily believe that all, or most of those things which we shall now present unto your Majesty, are either unknown unto your Majesty, or else by some of your Majesty's Ministers, offered under such specious pretences, as may hid their own bad intentions, & ill consequence of them from your Majesty. But we assure ourselves, that according to the good example of your most noble Predecessors nothing can make your Majesty (being a Wise and Judicious Prince, and above all things desirous of the welfare of your people) more in love with Parliaments then this, which is one of the principal ends of calling them, that therein you may be truly informed of the State of all the several parts of your Kingdom, and how your Officers and Ministers do behave themselves in discharge of the trust reposed in them by your Majesty, which is scarce possible to be made known unto you, but in Parliament as was declared by your blessed Father, when he was pleased to put the Commons, in Parliament assembled, in mind, that it would be the greatest unfaithfulness and breach of duty to his Majesty, and of the trust committed to them by their Country that could be, if in setting forth the grievances of the people, and the condition of all the parts of this Kingdom from whence they came, they did not deal clearly with him, without sparing any, how near and dear soever they were unto him, if they were hurtful or dangerous to the Commonwealth.  
In confidence therefore of your Majesty's gracious acceptation in a matter of so high importance, and in faithful discharge of our duties, we do first of all most humbly beseech your Majesty, to take notice that howsoever we know your Majesty doth with your Soul abhor that any such thing should be imagined, or attempted, yet there is a general fear conceived in your people of some secret working and combination to introduce into this your Kingdom innovation, and change of our holy Religion, more precious to us then our lives, and what ever this World can afford. Our fears and jealousies herein are not merely conjectural, but arising out of such certain and visible effects as may demonstrate a true and real cause. For notwithstanding the many good, and wholesome Laws, and provisions made to prevent the increase of Popery within this Kingdom, and notwithstanding your Majesty's gracious and satisfactory answer to the Petition of both Houses in that behalf presented unto your Majesty at Oxford, we find there hath followed no good execution or effect, but on the contrary (at which your Majesty out of the quick sense of your own Religious heart cannot, but be in the highest measure displeased) those of that Religion do find extraordinary favours and respects in Court from Persons of great quality and power there, unto whom they continually resort, and in particular to the Countess of Buckingham, who herself openly professing that Religion is a known favourer and supporter of them that do the same, which we well hoped upon your Majesty's answer to the aforesaid Petition of Oxford should not have been permitted, nor that any of your Majesty's Subjects of that Religion, or justly to be suspected, should be entertained in the service of your Majesty, or of your Royal consort the Queen, some likewise of that Religion have had Honours, Offices, and places of Command and Authority lately conferred upon them. But that which striketh the greatest terror into the hearts of your Loyal Subjects concerning this point, is, That Letters of stay of Legal proceed against them have been procured from your Majesty (by what indirect means we know not) and Commissions under the great Seal granted and executed for compositions to be made with Popish Recusants, with inhibitions and restraints both to the Ecclesiastical and Temporal Courts and Officers, to intermeddle with them, which is conceived to amount to no less than a toleration, odious to God, full of dishonour and extreme disprofit to your Majesty, of great scandal and grief to your good people, and of apparent danger to the present estate of your Majesty and of this Kingdom, their numbers, power and insolences daily increasing in all parts of your Kingdom, and in special about London and the Suburbs thereof, where exceeding many families of them do make their abode, and publicly frequent Mass at Denmark House and other places, and by their often meetings and conferences have opportunities of combining their counsels and strength together, to the hazard of your Majesty's safety and the State, and especially in these doubtful and calamitous times.  
And as our fear concerning change or subversion of Religion is grounded upon the daily increase of Papists, the open and professed enemies thereof, for the reasons formerly mentioned, so are the hearts of your good Subjects no less perplexed, when with sorrow they behold a daily growth and spreading of the faction of the Arminians, that being (as your Majesty well knows) but a cunning way to bring in Popery, and the professors of those opinions the common disturbers of the Protestant Churches, and Incendiaries in those States wherein they have gotten any head, being Protestants in show, but Jesuits in opinion and practice, which caused your royal Father, with so much pious wisdom and ardent zeal, to endeavour the suppressing of them, as well at home as in the neighbour Countries. And your gracious Majesty imitating his most worthy example, hath openly and by your proclamation declared your mislike of those persons, and of their opinions; who notwithstanding are much favoured and advanced, not wanting friends even of the Clergy near to your Majesty, namely Doctor Neal Bishop of Winchester, and Doctor Lawd Bishop of Bath and Wells, who are justly suspected to be unsound in their opinions that way. And it being now generally held the way to preferment and promotion in the Church, many Scholars do bend the course of their studies to maintain those Errors. Their books and opinions are suffered to be printed and published, and on the otherside the impression of such as are written against them, and in defence of the Orthodoxal Religion, is hindered and prohibited. And (which is a boldness almost incredible) this restraint of Orthodox books is made under colour of your Majesties formerly mentioned proclamation, the intent and meaning whereof we know was quite contrary. And further to increase our fears concerning Innovation in Religion, we find that there hath been no small labouring to remove that which is the most powerful means to strengthen and increase our own Religion, and to oppose both these, which is the diligent teaching and instructing the people in the true knowledge and worship of Almighty God, and therefore means have been sought out to depress and discountenance pious, painful and Orthodox preachers, and how conformable soever and peaceful in their disposition and carriage they be, yet the preferment of such is opposed, and instead of being incourraged they are molested by vexatious courses and pursuites and hardly permitted to lecture, even in those places where are no constant preaching Ministers, whereby many of your good people (whose souls in this case we beseech your Majesty to commiserate) are kept in ignorance and are apt to be easily seduced to error and superstition.  
It doth not a little also increase our dangers and fears this way to understand the miserable condition of your Kingdom of Ireland, where without control the Popish Religion is openly professed and practised in every part thereof, Popish Jurisdiction being there generally exercised and avowed, Monastries, Numeries, and other superstitious houses newly erected, redified and replenished with men and women of several orders, and in a plentiful manner maintained in Dublin, and most of the great Towns and divers other places of the Kingdom, which of what ill consequence it may prove if not seasonably expressed we leave to your Majesty's wisdom to judge, But most humbly beseech you (as we assure ourselves you will) to lay the serious consideration thereof to your royal and pious heart, and that some timely course may be taked for redress therein.  
And now if to all these your Majesty will be pleased to add the consideration of the circumstance of time, wherein these courses tending to the destruction of true Religion within these your Kingdoms have been taken here, even then when the same is with open force and violence prosecuted in other countries, and all the reformed Churches of Christendom either depressed or miserably distressed, we humbly appeal unto your Majesty's Princely Judgement whether there be not just ground of fear that there is some secret and strong cooperating here with the enemies of our Religion abroad for the utter extirpation thereof, And whether of these courses be not speedily redressed, and the profession of true Religion more encouraged, we can expect any other then misery and ruin speedily to fall upon us, especially if besides the visible and apparent dangers wherewith we are compassed round about, you would be pleased piously to remember the dispeasure of Almighty God always bend against the neglect of his holy Religion, the stroke of whose divine Justice we have already felt and do still feel in great measure.  
And besides this fear of Innovation in Religion, we do in like faithful discharge of our duties most humbly declare to your Majesty, that the hearts of your people are full of fear of Innovation and change of government, and accordingly possessed with extreme grief and sorrow; yet in this point by your Majesty's late answer to our Petition of right touching our liberty, much comforted and raised again out of that sadness and discontent which they generally had conceived throughout your whole Kingdom at the undue courses which were the last year taken for raising of money by loans, than which (what ever your Majesty hath been informed to the contrary) there was never money demanded or paid with greater grief and general dislike of all your faithful Subjects, though many partly out of fear and partly out of other respects, yet most unwillinglie were drawn to yield to what was then required.  
The billeting of soldiers did much augment both their fears and griefs, wherein likewise they find much comfort upon your late gracious Answer to our Petition of right and to that we presented to your Majesty concerning this particular, yet we humbly beseech your Majesty that we may inform you that the still continuance and late re-enforcing of the numbers of those Soldiers, the conditions of their Persons (many of them being not Natives of this Kingdom, nor of the same but of an opposite Religion, the placing of them upon the Sea coast, where making head among themselves, they may unite with a Popish party at home if occasion serve or join with an envading Enemy to do extreme mischief, and that they are not dismissed, doth still minister cause of jealousy to your loving Sujects, for that these Soldiers cannot be continued without exceeding great danger of the peace and safety of your Kingdom.  
The report of the strange and dangerous purpose of bringing in of german horses and Riders would have turned our doubts into despair, and our fears into a certainty of confusion, had not your Majesty's gracious Message (for which we give you humble thanks) comforted us, by the assurance of your Royal word that they neither are nor were intended by your Majesty for any service in England, but that they were designed for some foreign employment, yet the sight of the privy seal, by which seemeth they were to be levied for this place, the great some of money, which upon examination we found had been made ever for that purpose, That much about the same time there was a commission under the great Seal granted to the Lords and others of your privy Council to consider (as of other ways of raising of moneys) so particularly by imposition, gave us just cause to suspect that what ever was your Majesties own gracious intention, yet there wanted not those that under some colourable pretence might secretly by this (as by other ways) contrive to change the frame both of Religion and Government, and thereby undermine the safety of your Majesty and your Kingdoms, these men could not be ignorant that the bringing in of strangers for aid hath been pernicious to most States where they have been admitted, but to England fatal. We do bless God that hath given your Majesty a wise and understanding heart, to discern of the mischief of such courses, and that such power produceth nothing but weakness and calamity. And we beseech your Majesty to pardon the vehemency of our expressions, if in the loyal and zealous affections we bear to your Majesty and your service, we are bold to declare to your Majesty and the whole world, that we hold it far beneath the heart of any free English man to think that this victorious Nation should now stand in need of German Soldiers to defend their own King and Kingdom.  
But when we consider the courses formerly mentioned concerning the undermining of Religion, and these things tending to an apparent change of government, the often breach of Parliaments, where by your Majesty hath been deprived of the faithful Counsels and free aids of your people, The taking of tonnage and pondage, without any grant thereof by Act of Parliament ever since the beginning of your Majesty's reign to this present, The standing commission granted to the Duke of Buckingham to be General of an Army within the land in the time of peace, The displaceing of faithful and sufficient Officers and Ministers, some from Judicial places, and others from the Offices and Authorities which formerly they held in the Commonwealth, we cannot but at the sight of such an approaching desolation, as must necessarily follow these courses, out of the depth of sorrow lift up our cries to Heaven for help, and next under God humbly apply ourselves to your sacred Majesty▪ and falling down at your feet do beseech you to hearken to the voice of all your people, who if you could hear so many thousands speaking altogether, would all jointly implore speedy help and reformation.  
And if yet your Majesty will be pleased to take a further view of the present estate of your Realm, we do humbly pray you to consider whether the miserable disasters and ill success that hath accompanied all your late designs and actions, particularly those of Cales, the Isle of Rhee, and the last expedition to Rochel, have not extremely wasted that stock of honour that was left unto this Kingdom, sometimes terrible to all other Nations, and now declining to contempt beneath the meanest, together with our honour we there lost, those, and that not a few, (who had they lived) we might have had some better hope of recovering it again, Our valiant Colonels, Captains and Commanders and many thousand common Soldiers, and Mariners, though we have some cause to think that your Majesty is not as yet rightly informed thereof, and that of six or seven thousand of your Subjects lost at the Isle of Rhee, your Majesty received information but of a few hundreds: And that all this dishonour and loss hath been purchased with the Consumption of above a million of Treasure; many of your Forts are exceeding weak and decayed, and want both men and munition. And here we cannot but with grief consider and complain of a strange improvidence, (we think your Majesty will call it treachery,) That your store of powder, which by order of your privy Council, dated the tenth day of December, 1626. should be constantly three hundred last, besides a continual supplie of Twenty last a month for ordinary expenses, and were now fit (as we conceive) to be double. That proportion is at this time 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 extreme scarcity of powder, great quatities have been permitted to be sold out of your Majesty's store to particular persons for private gain, whereof we have seen a certificate of forty six last sold since the fourteenth of january last, And your Majesty's store being unfurnished of powder, which by a contract made with Mr. Evelin by the advice of the Lords in Parliament, aught to be supplied monthly with twenty last, at the rate of 3 l. 10. s. 10. d. the barrel, Your Majesty 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 impressed to Mr. Burlamacho the last year, and that powder not so good as that which by contract your Majesty should have of your own by one third part, All which are most fearful and dangerous abuses.  
But what the poverty, weakness and misery your Kingdom is now grown unto by decay of trade, by destruction and loss of ships and Mariners 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 doubtful to have made our weakness and extremity of misfortune in this kind to appear. But the importunate and most pitiful complaints from all the parts of your Kingdom near adjoining to the sea in this kind would rend (we think) the strongest heart in the world with sorrow: And the sense 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 sad 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 Majesty.  
One reason (amongst many others of this decay of trade and loss of ships & Mariners) is the not guarding seas, the Regality whereof your Majesty hath now in a manner wholly lost, and that wherein a principal part of the honour and safety of this Kingdom heretofore consisted (in having the absolute command of the seas) is now so neglected, that the Town of Dunkirk doth so continually beat, rob, and spoil your Subjects, that we can assure your Majesty if some present and effectual remedy be not forthwith provided, the whole trade of this Kingdom, the shipping and Mariners 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 Majesty's Excellent wisdom whether it can be either safe for yourself 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 manage so many and so weighty 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 industry of the ablest man both for Council 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 Majesty 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 Majesty and your Kingdoms to continue him either in his great offices of trust, or in his place of nearness and Council about your sacred person.  
And thus in all humility aiming at nothing but the honour of Almighty God, the maintenance of his true Religion, the safety and happiness of your most Excellent Majesty, and the preservation and prosperity of this Church and Commonwealth, we have endeavoured with faithful hearts and intentions, and in discharge of the duty we own to your Majesty and our Country, to give your Majesty a true representation of our present dangers and pressing calamities, which we humbly beseech your Majesty graciously to accept, and to take the same to heart, acccompting the safety and prosperity of your people your greatest happiness, and their love your richest treasure. A rueful and lamentable spectacle we confess it must needs be, to behold these ruins in so fair a house, so many diseases (and almost every one of them deadly) in so strong and well tempered a body as this Kingdom lately was, yet we will not doubt but that God hath reserved this honour for your Majesty, to restore the safety and happiness thereof again as a work worthy so Excellent a Prince. For whose long life and true felicity we daily pray, and that your fame and never dying glory may be continued to all succeeding generations.    

A Calendar 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 passed.  
Taken by the Enemy.  

Ships of the burden of 100 Tun, and upwards belonging to  
London. The ships 77 and furniture valued at 62000. l.  
Ipswich. The ships 77 and furniture valued at 62000. l.  
Newcastle. The ships 77 and furniture valued at 62000. l.  
Hull. The ships 77 and furniture valued at 62000. l.  
Yarmouth▪ The ships 77 and furniture valued at 62000. l.  
Aldborough. The ships 77 and furniture valued at 62000. l.   
Cast away 

Ships of the same burden belonging to the same places  
133 The ships and furniture valued at 100000. l.    
Taken and cast away 

Ships of the like burden belonging to  
Lynne. 50 The ships and furniture valued at 35000. l.  
Bristol. 50 The ships and furniture valued at 35000. l.  
Dartmouth. 50 The ships and furniture valued at 35000. l.  
Portsmouth. 50 The ships and furniture valued at 35000. l.  
Southampton. 50 The ships and furniture valued at 35000. l.  
Waymouth. 50 The ships and furniture valued at 35000. l.  
Exeter. 50 The ships and furniture valued at 35000. l.  
Shoram. 50 The ships and furniture valued at 35000. l.  
Harwich. 50 The ships and furniture valued at 35000. l.  
Dover. 50 The ships and furniture valued at 35000. l.  
Woodbridge. 50 The ships and furniture valued at 35000. l.  
Sandwich. 50 The ships and furniture valued at 35000. l.    
Some 260 ships valued at— 197000. l.  
Taken by the Enemy 

Ships of 100 Ton belonging to  
London. 130 The valued not certified  
Newcastle. 130 The valued not certified  
Hull. 130 The valued not certified  
Boston. 130 The valued not certified  
Yarmouth. 130 The valued not certified  
Lynne. 130 The valued not certified  
Aldborough. 130 The valued not certified  
Dover. 130 The valued not certified  
The County of Sussex 130 The valued not certified  
Pool. 130 The valued not certified  
Southampton. 130 The valued not certified  
Weymouth. 130 The valued not certified  
Exeter. 130 The valued not certified  
Dartmouth. 130 The valued not certified  
Bristol. 130 The valued not certified  
jersey. 130 The valued not certified  
Scarbrough. 130 The valued not certified  
Soul and 130 The valued not certified  
Dunwich. 130 The valued not certified    
Touching the Ports and Towns of 

Portsmouth. great losses whereof no particular is given  
Westchester. great losses whereof no particular is given  
Milfordhaven great losses whereof no particular is given  
Bridgwater. great losses whereof no particular is given  
Bastable. great losses whereof no particular is given  
Faymouth. great losses whereof no particular is given  
Foy. great losses whereof no particular is given  
Lynne Regis. great losses whereof no particular is given  
Isle of White great losses whereof no particular is given  
Colchester. great losses whereof no particular is given  
jersey. great losses whereof no particular is given  
Low. great losses whereof no particular is given  
Whitby. great losses whereof no particular is given  
Bridlington. great losses whereof no particular is given  
Blackney. great losses whereof no particular is given  
Wels. great losses whereof no particular is given  
Orford. great losses whereof no particular is given  
Brightling-sea great losses whereof no particular is given  
Rochester. great losses whereof no particular is given  
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 freighted by English Merchants to be imported into this Kingdom are of exceeding great value, the certainty whereof cannot now be expressed.  

Only one company of Merchants Trading to the Eastwards from London, Ipswich, Hull, and Newcastle in half this space of time have lost one hundred thousand pounds taken by the Enemy.  
A Great Number of Mariners, 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 discouragements and want of pay have either run away to the Enemy or betaken themselves to foreign service, or to any other Trade rather than to lead a Seaman's life to the inestimable loss and danger of the Kingdom.    

The King's 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 containeth divers points of State, touching the Church and Commonwealth. And I do conceive you do believe that I understood them better than yourselves: but since the reading thereof, I perceive you understand these things less than I imagined, notwithstanding I will take them into my consideration as they deserve.   

The King's 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 own an account of my actions to none, but to God alone.  
It is known to every one that a while ago the House of Commons gave me a Remonstrance, how acceptable every man may judge, and for the merit of it, I will not call that in question, for I am sure no wise man can justify it. Now since I am truly 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 alleging, that I have given away my right thereof by my answer to your Petition, This is so prejudicial 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, lest it be worse interpreted in the Country, I will now make a Declaration concerning the true intent thereof.  
The profession of both Houses in the time of hammering, this Petition was not 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 show 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 liberty 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 only under me belongs the interpretation of Laws, for none of the Houses of Parliament either joint or separate (what new doctrine soever may be raised) have any power either to make or declare a Law without my consent.   

The Second Remonstrance.  
Most Gracious Sovereign,  
YOur Majesty's most Loyal and Dutiful Subjects the Commons in this present Parliament Assembled, being in nothing more careful 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 Majesty 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 Majesty hath determined to end this Session, they cannot bring to maturity and perfection, divers businesses of weight which they have taken into consideration and resolution as most important for the common good; Amongst divers other things they have taken in especial care for preparing a Bill for the granting to your Majesty such a subsidy of Tonnage and Poundage, as might uphold your profit and revenue in as ample manner as their just care, and respect of Trade, wherein not only 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 Majesty's Officers and with the Merchants, not only of London, but also of other remote parts, they find it not possible to be accomplished at this time, wherefore considering it will be much more prejudicial to the right of the Subject, if your Majesty 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 only, 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 Royal 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 duty which they own to your Majesty 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 without common consent by Act of Parliament: which is the right and inheritance of your Subjects, founded not only 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 Majesty to understand, that although your Royal predecessors the Kings of this Realm have often had such subsedies and impositions granted unto them upon divers occasions, especially for the guarding of the Seas, and safeguard of Merchants; yet the Subjects have been ever careful 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 limit 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, than the grant should cease; And of course it hath been sequestered into the hands of some Subjects to be employed for the guarding of the coasts, and it is acknowledged by the ordinary answers of your Majesty's predecessors in their assent to the Bills of subsidy of Tonnage and Poundage, That it is of the nature of other subsedies proceeding from the good will of the Subject, Very few of your predecessors had it for life until the reign of Hen. 7. who was so far from conceiving he had any right thereunto, that although he granted commissions for collecting certain duties and customs due by Law, yet he made no commissions for receiving the subsidy of Tonnage and Poundage, until the same was granted unto him in Parliament: Since his time all the Kings and Queens of England have had the like grants for life by the free love and good will of the Subject.  
And whensoever the people have been grieved by laying any imposition or other charges upon their goods or Merchandizes without Authority of Law, which hath been very seldom, yet upon complaint in Parliament they have been forthwith relieved, saving in the time of your Royal Father, who having (through ill Council,) raised the rates and charges of Merchandizes to that height, at which they now are, was yet pleased to yield so far to the complaint of his people, as to offer, that if the value of those impositions which he had set might be made good unto him, he would himself and his Heirs by act of Parliament be bound never to lay any other, which offer the Commons at that time, in regard of the great burden, did not yield unto. Nevertheless your Loyal Commons in this Parliament out of their especial zeal to your service and special regard to your pressing occasions, to take into their considerations so to frame a grant of subsidy of Tonnage and Poundage to your Majesty, that both you might have been the better enabled for the defence of your Realm and your Subjects, from being secure from all undue charges, might be the more encouraged cheerfully to proceed in their course of Trade (by the increase whereof your Majesty's profit, and likewise the strength of the Kingdom would be very much augmented, But not being now able to accomplish this their desire, there is no course left unto them without manifest breach of their duty both to your Majesty and the Country, save only to make this humble declaration, that the receiving of Tonnage and Poundage and other impositions not granted by Parliament, is a breach of the fundamental Liberties of this Kingdom, and contrary to your Majesty's Royal Answer to the said Petition of Right. And therefore they do most humbly beseech your Majesty to forbear any further to receive the same, and not to take it in ill part from those of your Majesty's loving Subjects who shall refuse to make payment of any such charges without warrant of Law demanded. And as by this forbearance your most Excellent Majesty shall manifest unto the world your Royal Justice in the observance of your Laws; So they not doubting, but that hereafter at the time appointed for their coming together again, they shall have occasion to express their great desire to advance your Majesty's Honour and profit.   

A Letter which was found among some Jesuits that were lately taken at London and addressed to the Father RECTOR at BRUXILLS.  
FAther Rector, let not the damp of astonishment seize upon your most ardent and zealous soul in apprehending the sudden and unexpected calling of the Parliament: we have not opposed, but rather furthered it, so that we hope as much in this Parliament as ever we feared in Queen Elizabeth's days, You must know the Council is engaged to assist the King by the way of Prerogative in case the Parliamentary way should fall, You shall see this Parliament will resemble the Pelican which takes a pleasure to dig out with her beak her own bowels. The election of the Knights and Burgesses have been in such confusion and by such apparent faction as that which we were wont to prove heretofore with much art and industry, (when the Spanish match was in treaty) now it breaks out naturally as a botch or boil, and spets and spews out his own rancour and venom, You may remmber how that most Famous and Immortal Statesman the Count of Gondomar fed King james his fancy and rocked him asleep with the soft and sweet sound of Peace to keep up the Spanish Treaty, Likewise we were much bound to some eminent Statesmen of our own Country to gain time, in procureing those advantageous Sessions of Arms in the Pallatinate, and in admiring the worth and Honour of the Spanish Nation, and vilifying the Hollanders, remonstrating to King james that State was most ungrateful both to his predecessor Queen Elizabeth and his Sacred Majesty, that that State was more obnoxious than the Turk, and perpetually injured his Majesty's Subjects in the East Indies, and likewise they had usurped from him the regallitie of the narrow seas in fishing upon the English coasts. Had the Spanish match taken effect, which was broken by the heat and violence of your furious Enemy the Duke of Buckingham, certainly if King james had diserted the Hollanders, Those great Statesmen had but one means to further their great and good designs, which was to seize on King james, that none but the Puritans faction, that plotted nothing but Annarchy and his confusion were advanced to this most happy Union. We steered on the came course, and have made use of Annarchall election, and have prejudicated and anticipated the great one the Duke of Buckhingham, that none but the King's Enemies and his are chosen of the Parliament, and that the Parliament vows to begin where they have left, and will never give over till they have exterpated him and his posterity. On the other side the same parties, who are to be admired for their indefitigable industry, incessantly foment revenge and jealousy in most of the Parliament men, and especially they work upon the pride and vain glory of such as have been imprisoned: acknowledging that they are the only Martyrs and Worthies of the Country. London is as much distempered as ever Florence was, for the companies are at great odds, and the common Council have opposed the Magistrates against the old custom in the election of the Knights, which hath bred a great heart burning in the City, that twice a day we can divulge what we list in Paul's, and upon the Exchange, & we have already rendered our irreconciliable Enemy the Duke as odious as a Toad, so the people are apt to believe any thing against him. We hope to be revenged on that Ball of Wildfire the Duke shortly, and quench his fury: you shall see the same sword that hath wounded us, drawn upon the wound with an oil that we have anointed, it shall make us whole, and this shall be done: the Parliament is a great ship that hath dashed twice against the same rock, and we have so wrought upon the several complexions of Parliament-men in charging the most temperate and wiser sort, that the best way to overthrow the Duke, is by humble Petition to his Majesty. With the violent sort we have taken a contrary course, by working upon their passions and entreating their fancies with probabilities and precedents, which never were heard of; that favourites have but Parliament proofs, they may wrestle for a time, but at last the Parliament hath ever overthrow them upon their backs, we incourrage them withal the wits we have to fall upon the Duke, and persuade them now is the time or never, the King being in such apparent necessity, insomuch that we assure ourselves that God hath so forsaken and infatuated them, that they shall not only strike and dash upon the same rock again; but split and wrack in the bottomless sea of destruction, We have now many strings to our bow, and have strongly fortified our faction and have added two Bulwracks more, for when King james lived, you know, he was very vehement against Arminianism (interrupted with his pestilent wit and deep learning) our strong designs in Holland, and was a great Friend to that old Rebel and Heretic the Prince of Orange, now we have planted that Sovereign drug Arminianism which we hope will purge the Protestans from their Heresy, and it flourishes and bears fruit in due season, The materials which builds up the other Bulwarks, are the projectors and beggerers of all ranks and qualities whatsoever, both those factions copulated to destroy the Parliament, and introduce a new species and form of government which is Oligarchal, Their factions serve as direct medicines and instruments to our ends, which is the universal Catholic Monarchy, our foundation is imitation, this Imitation will cause a relaxation, as so many violent diseases in the body, as the Stone, Gout, and to the speedy destruction or perpetual and insufferable anguish of the body, which is worse than death itself. We proceed with counsel and mature deliberation when and where to work upon the Duke's jealousy, and revenge, In this we give the honour to those that merit it, which are the Church Catholics. There is another matter of consequence which we take much into our consideration and tender care, which is to stave the Puritans that they hang not upon the Duke's ears, they are impudent subtle people, and 'tis to be feared lest they should negotiate a reconciliation betwixt the Duke and the Parliament, It is certain the Duke would have reconciled himself to the Parliament at Oxford and Westminster, but now we assure ourselves we have so handled the matter, that both the Duke and the Parliament are irreconciliable. For the better preventing of the Puritans, the Arminians have already blocked up the Duke's ears, and we have those of our own Religion, which stand continual Centinel at the Duke's Chamber door to see who goes in and out, we cannot be two careful and circumspect in this regard. I cannot choose but laugh to see how some of our coat have accooted themselves, you would scarce know them if you saw them; and it is admirable how in speech & gesture they act the Puritans, the Cambridge Scholars to their woeful experience shall see, how we can ect the Puritan a little better than they have acted the jesuites: they abused our Patron S. Ignatius in jest, but we will make them smart for it in earnest. I hope you will excuse my merry digression, for I confess unto you, I am at this instant transported with joy to see how happily all instruments and means, as well great as less, operate to our purposes. But to return to the main Fabric, our foundation is Arminianism, Arminians and projectors, as it appears in the premises affect mutation, this we see in force by all probable Arguments, we can in the first place take into our consideration the King's Honour and his present necessity, and we show how the King may free himself of his wardships as Lewis the 11. did, and for his great splendour he may raise a vast revenue, and not beholding to his Subjects, which is by way of imposition and excise, we instance in the low Countries, and show what a mass of moneys they raised to pay their Armies by Sea and Land, merely out of excise. Then our Church Catholics shown the means of this excise, which must be by a mercenary Army of Horse and Foot; For the Horse we have made it sure, they shall be foreigners and Germans, who will eat up the King's revenues and spoil the Country wheresoever they come, though they should to be paid: what havoc will they make then when they are not daily paid? surely they will do much more mischief: Then the Catholic Army of 10000 Horse and 20000. Foot shall be taken over, and in pay before the mercenary Army suffocate the Country, Then the Soldiers and projectors shall be paid out of the confiscation of the Country, to be had of the Soldiers, than they must consequently mutiny, which is equal advantageous to our superlative design, which is to work the Protestans as well as the Catholics to welcome a conquest, and this is by this means we hope instantly to dissolve Trade, hinder the building of shipping in propounding probable designs, and putting the stay upon expedition, as that of Cales taking away the Merchant's ships and feeding them with hope to take the West-Indies Fleet, which is to seek a needle in a bottle of hay: his Catholic Majesty shall not want our best intelligence, besides he hath so many pistashawes and carvils which are spread abroad to discover, so you cannot be surprised in any harbour when Trade is ruined and shipping decayed, What will become of Nobleman's and gentlemen's revenues? the Yeamen and Former's, in which consists the infantry of this Kingdom, they will turn Rogues and resemble the object peasants in France, who are little better than slave. Trade and shipping is so much decayed already, that London is as it were besieged for want of fuel, Sea coals are at 30 shillings the chaldrens. When things are brought to this perfection, which we hope will be by that time his Sacred Majesty hath settled his affairs in Germany; all the people in general will linger for a conquest, missing their means and revenues, which should maintain and support them, according to their several ranks and qualities; Then we assure ourselves that the Lands which were rend and torn from the Church by that ravenous Monster Hen. 8. shall be restored by our mighty Protector his Catholic Majesty, to the recalling of those that are exiled, and deliver thousand of souls, which suffer persecution at home for the testimony of a good conscience. Join your prayers with ours, importuning the blessed Virgin and all the host of Angels and holy Martyers to intercede for us, and we doubt not God will make haste to help us. Thus hoping to see the Count Tilly's and Marquis Spinola here about july come twelvemonth: I rest. In the mean time we pray for a happy success in Germany and the Low-Countries.  
Your loving friends 

I. W.  
I. I.   From the County, etc.   

TOUCHING BARRONETS. Motives to induce the KNIGHTS, CITIZENS and BURGESSES of the Commons House of Parliament, to Petition his Majesty for the revokeing and abolishing of the degree of BARRONETS, lately erected by his Highness' 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, Earls, Dukes, etc.  
And to the order of Knighthood, because that degree brings a personal dignity and springing out of virtue and desert, aught to be rancken next and immediately unto Barony. Nevertheless the degree of Barronets is interposed between Barony and Knighthood.  
And unto the Gentry of this Kingdom, because many of the Barronets and their descendants, being meanly descended, must have precedency before Gentry of Ancient Family, who by this Innovation will be much vilified, and of small reckoning in the Commonwealth.  
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 public 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 Communality, whose descendants by their virtues and good fortunes may hereafter attain unto credit and reputation in the Commonwealth.  

Inconveniences that will arise to his Majesty and the State by reason of this new institution.  
THere will be always dislike, envy and heartburning between the Gentry of the Kingdom and the Barronets.  
The Honour of Knighthood, which was wont to encourage generous minds 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: Knighthood hath been held a competent reward for foreign and home employments, and now his Majesty must be driven to search new ways for the recompense and satisfaction of such services. Gentlemen of Livelihood and estimation will refrain his Majesty's service in public 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 Knighthood and antiquity of descent hath in former times much advanced the Gentry so qualified 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 than Honour springing out of virtue and desert, but to purchase Honour with money, as Barronets have done, is a temporal symmony and dishonourable to the States The Communality of the Kingdom ever since the first institution thereof hath consisted of certain degrees known and legal additions without change or alteration may by way of precedent alter the whole strain of the Commonwealth. His Majesty by his prerogative Royal Creates, Barons, Viscounts, Earls, and many other degrees of Nobility as other his Ancestors and Predecessors have done, but the creation of this or any other in Communality is not warranted by any former precedent usage or custom.    

The Examination of ANDREW Le BRUN a Frenchman, Captain of the MARY of ROCHEL, taken before ABRAHAM CELMER Merchant, Major of the Burrow of PLYMOUTH 16 May 1628.  
THe examinate saith, that one Sunday being the 17 of April last passed, he departed from Plymouth harbour in company with the English Fleet, whereof the Earl of Denbigh is General: and one the first day of May then following, the said Fleet arrived and came at Anchor at Charleboy in the road of Rochel about 4 of the clock in the afternoon, where at the said arrival 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 cannon shot of the English Fleet, And saith, that one of his Majesty ships shot off one piece 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 until the 8 day of the same month of May, in which time there was a Wherry sent from, the fleet into Rochel, 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 month's victuals there, but they made not any answer thereof. Whence it was collected that they had but a small quantity of victuals, and said, that the said English (as he hath heard) promised to sink the said French ships when the waters did increase, and the wind came at West North-West, it being then neap tides, and about two days after the water did increase and the winds came accordingly, and being then entreated to fight with them, yet did not, but came away without fight or relieving the Town, and saith, that one the 8 day of May the said English Fleet weighed Anchor, and set sail to departed, 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 chief upon the arrival of the said Fleet there.   

Articles wherewith MELVINE is charged.  
1. MR. Melvine said that the Duke's 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 ourselves the Enemy should come in, for this Kingdom is already sold to the Enemy by the Duke.  
2. That the Duke had a stronger Council than the King, of which were certain jesuites Scotish men, and that they did sit in Council 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 Duke could alter it.  
4. That when the Ordinance were shipped at S. Martin's, the Duke caused the Soldiers to go one, that they might be destroyed.  
5. That the Duke said, he had an Army of 16000 Foot and 1200. Horse.  
6. That King james his blood and Marquis Hambletons with others cries out for vengeance to Heaven.  
7. That he could not expect any thing but ruin of this Kingdom.  
8. That Prince Henry was poisoned by Sir Thomas Overbury and he himself served with the same sauce, and that the Earl of Somerset could say much to this.  
9 That he himself had a Cardinal to his Uncle or near Kinsman, whereby he had great intelligence.   

A Privy Seal for the transporting of Horses 30 January 3. CAROLI.  
Charles' by the grace of God King of England, Scotland, France, and Ireland defender of the faith, etc. To the Treasurer and under Treasurer of our Exchequer for the time being, greeting. We do hereby will and command you, out of our Treasury remaining in the receipt of the said Exchequer, forthwith to pay or cause to be paid unto Philip Burlamachi of London Merchant, the sum of 30000 l. to be paid by him over by Bill of Exchange unto the Low-Countries and Germany unto our trusty and well be loved Sir William Balfoore Knight and john Dalber Esquire or either of them, for levying and providing certain numbers of Horse with Arms for Horse and Foot to be brought over into this Kingdom for our service, viz. For the levying and transporting of a 1000 Horse; 15000 l. for 5000 Muskets, 5000 Corslets, 5000 Pikes, 10500 l. and for 1000 Cuirassieers complete 200 Corslets and 200 Carbines 4500 l. Amounting in the whole to the said sum of 30000 l. And this our Letter shall be your sufficient warrant and discharge in this behalf. Given under our privy Seal at our Palace of Westminster 30. of january, in the third year of our reign.   

The Commission to the Lords and others of the privy Council concerning the present raising of money.  

CHARLES by the grace of God King of England Scotland France and Ireland, defender of the faith, etc. To Sir Thomas Coventry Lord Keeper of the great Seal of England.  
james Earl of Marlburgh Lord Treasurer.  
Henry Earl of Manchester Lord Precedent of the Council.  
Edward Earl of Worcester Lord Keeper of the privy Seal.  
George Duke of Buckingham our high Admiral of England.  
William Earl of Pembroke Lord Steward of our Household.  
Philip Earl of Mongommery Lord Chamberlain of our Household.  
Theophilus' Earl of Suffolk.  
Edward Earl of Dorcet.  
William Earl of Salisbury.  
Thomas Earl of Exeter.  
john Earl of Bridgwater.  
james Earl of Carlisle.  
Henry Earl of Holland.  
William Earl of D.  
George Earl of Totnes.  
Sir George Hay Knight Lord chancellor of Scotland.  
William Earl of Morton.  
Thomas Earl of Kelly.  
Thomas Earl of Melros.  
Edward Viscount Conway one of our principal Secretaries of State.  
Edward Viscount Wimbleton.  
Oliver Viscount Grandison.  
Henry Viscount Falkland Lord Deputy of Ireland.  
To the Lord Bishop of Winchester.  
William Lord Bishop of Bath and Wells.  
Fulk Lord Brook.  
Dudley Lord Carleton vice Camberlain of our Household.  
Sir Thomas edmond's Treasurer of our Household.  
Sir john Savill controller of our Household.  
Sir Robert Nawton Master of our Court of Wards.  
Sir john Cook one of the principal Secretaries of our State.  
Sir Richard Weston Chancellor and under Treasurer of our Exchequer.  
Sir julius Caesar Master of the Roll.  
Sir Humphrey May Knight Chancellor of our Duchy of Lancaster; GREETING.   
WHereas the present Conjuncture of the pressing affairs of Christendom and our own particular interest in giving assistance to our oppressed Allies, and for the providing for the defence and safety of our own dominions, And people do call upon us to neglect nothing that may conduce to those good ends; And because moneys, the principal sinews of War, and one of the first and chiefest in all great preparations and actions, necessary to be provided in the first place, and we are careful the same may be raised by such ways as may best stand with the State of our Kingdoms and Subjects, and yet may answer the pressing occasions of the present times. We therefore out of the experience we have had, and for the trust we repose in your wisdoms fidelities and dutiful care of your services, and for the experience you have of all great causes concerning us and our State, both as they have relation to foreign parts abroad, and as to our Commonwealth and People at home: Ye being Persons called by us to be of our privy Council, have thought fit amongst those great and important matters, which so much concern us in the first and chiefest place, to recommend this to your special care and diligence, And we do hereby authorise and appoint, and strictly will and require you speedily and seriously to enter into consideration of all the best and speediest ways and means ye▪ can for raising of money for the most important occasions aforesaid, which without extremest hazard to us, our dominions and people, and to our friends and Allies, can admit of no long delay, The same to be done by imposition or otherwise, as in your wisdom and best Judgements ye shall find to be most convenient in a case of this inevitable necessity, wherein form and circumstance must be dispensed with, rather than the substance be lost or hazarded. And herein our will and pleasure is, that you, or as many of you as from time to time can be spared from attendant upon our Person, or other our necessary services, do use all diligence by your frequent meetings and serious consultations, and when you have brought any thing to maturity, ye make report thereof unto us, and advertise us of those things ye shall either resolve upon or think fit to represent unto us, for the advancement of this great service, which with the greatest affection we can, we recommend to your best care and judgement, Whereof you must not fail as you tender our honour, and the honour and safety of our Dominions and People; and for the doing hereof, these presents shall be to you and every of you a sufficient warrant. In witness whereof, we have caused these our Letters to be made Letters Patents.  
Witness ourself at Westminster the last day of February in the third year of our Reign.  
Per ipsum Regem.   

Articles to be propounded to the Captains and Masters as well English as French, touching the service in hand at ROCHEL 4. May 1628. the ships riding before the Town.  
1. WHether in your opnion and judgements, by the means and strength we have, the Floats and Pallizadoes may be forced, and the entrance into the Town may be thereby made for the victuallers.  
2. If you shall think it fit, what in your opinions will be the best and readiest way to open the same.  
3. Whether you hold it fit to send in the victuallers at the same instant, together with the fire ships and barks, considering that if it should not take effect, instead of relieving the Town, we relieve the Enemy.  
4. If in this attempt part shall get through, and the greater part be taken by the Enemies, whether the service or dishonour will be greater.  
5. If in case you think it fit to give the attempt, whether you hold it likewise necessary that the Merchant ships should second, or follow them, and how far you hold it safe for them to go.  
6. Whether the more to countenance the service, you hold it fit for the King's ships, to put themselves under sail being they are to be exposed to shallow water and a narrow Channel and to lie under command of many of the Enemy's Forts, where, by an unlucky accident many of them may be brought on ground and miscarry.  
7. You are here to deliver your opinions upon your allegiance, the rather because the only service the King's ships there can do, is to cause the Enemy's Fleet, which rides without, to retire further in, and whether it will be a means to weaken the Pallizadoes or any way open the passage to your judgements.   

The answer to the Articles propounded by the Lord General and the rest of the Council of War.  
1. TO the first, we answer that by reason of the shallowness of the water the ships will not be able to come so near as the Pallizadoes, whereby to make any breach through for the victuallers.  
2. To the second, we answer that nothing can be done by our forces here to gain any passage to the Town.  
3. To the third, we answer that by reason our forces cannot come so near the Pallizadoes to make any breach, than it is not for the victuallers to venture in with their fireships; so no breach being made, the victualler will come into the Enemy's hands.  
4. To the fourth, we answer that the dishonour will be greater if there be any loss in that case.  
5. To the fifth, we answer that in regard of their forces both by Sea and Land that no breach can be made as above said, our opinion is, it will be to no purpose to send any ships in.  
We hold it not fitting to bring his Majesty's ships, in regard they shall be exposed to shallow water and danger of our Enemy's Forts, upon the Land; which will be an hazard and loss of his Majesty's ships.  
To the seventh, and the conclusion mentioned in your Lordship's Articles, we answer, that if we should force the ships that lie without the palizado on the ground; It will rather make the palizado more strong than any way to gain any passage through. If any man can show any better reasons than we here allege to those Articles, we shall be ready and willing to embrace it, and will endeavour ourselves so far as our lives.   

THE TRANSACTIONS Of the second SESSIONS IN PARLIAMENT, ANNO 1628.  

THus having finished the first Session of this unhappy Parliament, where the seeds were sown of those discontents, which afterwards grew up, and lately have been reaped almost to the ruin of our Nation;  
Now followeth the Breviary or abstract of the second Session, little different from the former in sad success: But we must confess that those two Tracts (though joined in one volume for the perfecting of the History) are not the Sons of the same Father, proceed not from the observations and collections of the same Author.  
And as they differ in the Author, so also in the fashion and quantity thereof: the former Session may be said to be done at length, this in figures, the former had the main Mass and Bulk, this the spirits and infusions of the passages therein.  
Yet as a low man is as much man, though not so great a man as one of a higher stature, so may I say there is as certain truth in this as in the former relation though there be not so much of it. I mean it is as faithfully though not so fully reported. Indeed the conscientious Reader being a true Englishman may here satisfy himself with the sadness of the transactions as shortly summed up, who otherwise might surfeit with sorrow, if every particular were related in its full dimensions.  
Thus commending both this and the other to the careful perusing of the judicious Reader, I fear not his departing from this Book with an unsatisfied, who cometh thereunto with an unprejudiced judgement.   

A true RELATION Of every days proceed since the beginning of this SESSION, and what was spoken by every man.  

Tuesday january 20.  
UPon Tuesday being the first day of the Parliament, nothing was done, but the setting of the Committees.   

Wednesday 21.  
UPon this day it was ordered that Mr. Selden and others should see if the Petition of Right and his Majesty's answer thereunto were enrolled in the Parliament Rolls; and the Courts at Westminster, as his Majesty sent them word the last Session they should be; and also in what manner they were entered, which was done accordingly: and Mr. Selden made report to the house, that his Majesty's speech made the last day of the Session in the upper House, is also entered by his Majesty's command.  

Mr. Pym,  
HEreupon Mr. Pym moved that the debate hereof should be deferred till Tuesday next, by reason of the fewness of the House.   

Sir john eliot,  
TO which Sir john eliot answered, this, is now raised, concerns the honour of the House and the liberty of the Kingdom, it is true; it deserves to be deferred till there be a full House, but it is good to prepare things. I find it is a great point; I desire a select Committee may enter into consideration thereof, and also how other liberties of the Kingdom be invaded. I find in the country the Petition of Right Printed indeed, but with an answer that never gave any satisfaction: I desire a Committee may consider thereof, and present it to the House, and that the Printer be sent for to give satisfaction to the House, by what warrant it was printed. Which was ordered.   

Mr. Shelden,  
FOr this Petition of Right, It is known how lately it hath been violated, since our last meeting. The liberties for life, person, and freehold, how they have been invaded; and have not some been committed contrary to that? Now we knowing these invasions, must take notice of it. For liberties, for state, we know of an order made in the Exchequer, that a Sheriff was commanded not to execute a replevim, and men's goods are taken and must not be restored, whereas no man ought to lose life, or limb but by the Law, hath not one lately lost his ears (meaning Savage) that was censured in the Star-Chamber by an arbitrary sentence and judgement? Next they will take away our Arms, and then our lives. Let all see we are sensible of these customs creeping upon us: let us make a just presentation hereof to his Majesty.  
Norton the King's Printer was brought to the Bar, and asked by what warrant the additions to the Petition were printed. He answered, that there was a warrant (as he thought) from the King himself. And being asked whether there were not some Copies printed without additions, he answered, there were some, but they were suppressed by some warrant.   

Sir. john eliot,  
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. Rolls a Merchant, and a Member of the House, informed the House that his goods were seized by the Customers for refusing to pay Custom by them demanded, although he told them he would pay what was adjudged by Law. Whereupon, Sir Robert Phillips spoke 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 ourselves, 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 privilege of this House, let any say if ever he saw the like violation by inferior Ministers, that overdo their command, nay they say, if all the Parliament were in you, this would we do and justify. If we suffer the liberty of this House to whither, out of fear, or compliment, 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 james, 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 demand it. Let us proceed with affection of duty to make up breaches: let a Committee consider of these proceed.   

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 john eliot,  
I See by this Relation what cause we have to be tender of the liberty of the Kingdom, and this House, and yet withal 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 jealousy, 3 Things are involved in this complaint. 

First, the Right of particular Gentlemen.  
Secondly, the Right of the Subject.  
Thirdly, the Right and privilege 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 than 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 Customhouse 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 suppressed and made waste paper, which the Printer did, as he said, by command from Mr. Attorney, 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 divers 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 afternoon, and that he would speak with them the next day in the afternoon at White-Hall in the Banqueting-house.   

Saturday 24.  
THe King made a Speech to that purpose.   

Monday 26.  
MR. Walter did inform the House that divers 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 Council 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 policy can we have? If God fight not our battles 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 increase now more than ever they did: neither do they want their Priests and Masses, nay his Majesty's name is used to stop proceed against Papists, and that since the Parliament, contrary to his Majesty's goodness, and public 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. Montague 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 busy 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 'tis more than Montague; let us bend our wits to reform them.   

Mr. Sherland.  
WE have a Religion that is worth the loving with all our hearts: it was settled by the blood 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 designs made of it, and Arminianism still to increase, as it doth. If do admi, I do persuade myself 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 his Majesty, and so they put him upon designs that stand not with public liberty, that he commands what he lists, with Lives, Goods, and Religion, and doth as he pleaseth; and so they involve all true hearted Englishmen and Christians under the name of Puritans, and so make their quarrel to be his Majesties, which is treason of the highest quality.    

Tuesday 27.  
A Petition was exhibited concerning one Lewis, that said about the 25 of December, The Devil take the Parliament, which was avowed by 2 witnesses. It was resolved to be an offence to the Parliament, and it was ordered he should be sent for.  
SIr Nathaniel Rich tendered a Petition touching the Fast, which was agreed to be preferred to the King. It was ordered that a conference should be desired with the Lords about this Petition, who were desired to join with the lower House: which was done accordingly.  
THe King sent a Message by Secretary Cook to this effect, viz. That his Majesty understanding that the Remonstrance was called for, to take away all question, commanded me to deliver it to you: but hopeth that you proceed with the Bill of Tonnage and Poundage, and give precedence to that business, and to give an end to further dispute between some of his Subjects, or else he shall think his Speech that was with a good applause accepted, had not that good effect which he expected. But before his Messege there was a report made by Mr. Pym for a Committee for Religion, where a motion was made about the Remonstrance the last Session, concerning that part which toucheth Religion: and the Clerk answered, that by command from the King he delivered it to the Lord Privy Seal; and so the Committee proceeded no farther.  
SIr Walter Earl replied to the Message: The last part of the Message calls me up. For point of precedency, Religion challengeth the precedence and the right of our best endeavours. Vbi dolor ibi digitus. I know justice and liberty is God's cause, but what will justice and liberty do when Popery and Arminianism join hand in hand together to bring in a Spanish Tyranny, under which those Laws and liberties must cease? What hath been done for Religion since the last Session? We know what declarations have been made, what persons have been advanced, what truths confirmed by all Authority of Church, Counsels, and King. For my part, I will forgo my life and estate and liberty, rather than my Religion. And I dare boldly affirm, that never was more corruption between Religion and matters of state, than is at this present time. Humana consilia castigantur ubi, coelestibus se praeferunt. Let us hold ourselves to method; and that God that carried us through so many difficulties the last Parliament Session, will not be wanting to us now.  

Mr. Corrington,  
LEt us not do Gods work negligently: We receive his Majesty's Message withal duty; for our proceed let us so proceed as it may soon conduce to his Majesty's desire. Unity concerns all of us: the unity of this house is sweet, especially in God's cause; let us cry and cry again for this let us be resolved into a Committee, and presently fall to debate thereof.  
UPon Mr. Pyms motion. It was ordered that Religion should have the precedency, and that the particulars before named should be taken into consideration by a Committee of the whole House.    

Wednesday 28. Secretary COOK delivered another Message from his Majesty.  
HIs Majesty upon occasion of dispute in this House about Tonnage and Poundage, was pleased to make a gracious declaration, wherein he commended unto us the speedy finishing thereof, and to give precedency thereto: and since his Majesty understanding the preferring the Cause of Religion, his Majesty expected rather thanks than a Remonstrance, yet he doth not interrupt you, so you do not entrench upon that which doth not belong unto you; But his Majesty still commanded me to tell you that he expects precedency in Tonnage and Poundage, assuring himself he hath given no occasion to put it back, and so you will not put it off.  

To this Mr. Long replied,  
I Cannot see but with much sorrow, how we are still pressed to this point, I hoped those near the Chair would have truly informed his Majesty of our good intentions, but we see how unhappy we are still, some about his Majesty makes him diffident of us.   

Sir Thomas edmond's,  
I am sorry this House hath given occasion, of so many Messages about Tonnage and Poundage, after his Majesty hath given us a full satisfaction. You may perceive his Majesty is sensible of the neglect of his business; we that know this, should not discharge our duties to you, if we should not persuade you to that course, which should procure his Majesty's good opinion of you. Yourselves are witnesses how industrious his Majesty was to procure you gracious Laws in his Father's time, and since that what enlargement he hath made of our liberties, and yet still we give him cause to repent him of the good he hath done. Consider how dangerous it is to Alienate his Majesty's heart from Parliamen.   

Mr. Corington,  
When men speak here of neglect of duty to his Majesty, let them know we know no such thing, nor what they mean, & I see not how we do neglect the same, I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time: our business is still put back by these Messages, and the business in hand is of God and his Majesty: Things are certainly amiss, and every one sees it, and woe be to us if we present them not to his Majesty.   

Sir john eliot, His Speech to the same effect.  
IT was ordered that a Committee should be appointed, to pen an Answer to his Majesty's Message, and show that it is their resolution to give him all expeditions in his service, and that they hold it fit not only to give him thanks, but further to show what peril we are in, and that Tonnage is their own gift, and it is to arise from themselves, and that they intent not to enter into any thing that belongs not unto themselves.    

Thursday 29.  
THe former part of the day was spent in dilating of the transportation of corn and victuals into Spain: and it was ordered that Message should be sent to his Majesty, that it is now evident that divers ships are bound for Spain; and to desire a stay of them. After the House sat at a Committee about Religion, after long debate it was resolved by the Commons-House as before.   

Friday 30.  
THe House received an answer from his Majesty touching the Ships, which was, that he would consider of it, and send them an answer in due time.  
Also this day a Committee of the Lower-House went to the King in the Privy-Chamber with the Petition for the Fast; and the Archbishop of York, after he had made a short Speech, presented it to his Majesty in the name of both Houses. To which the King answered.   

Monday Febr. 2.  
THe Lower-House presented a declaration to his Majesty in answer to two Messages sent by him.   

Tuesday 3.  
SEcretary Cook reported, that himself and the rest of the Committees attended his Majesty upon Monday: and he said, For my part I have used all diligence to do all the commands of my Master and this House, and I find that some exceptions have been taken at some words by me used, when I delivered the Bill of Tonnage and Poundage, Indeed I used many Arguments in speaking of his Majesty, I said it much concerned him, and that his Majesty much desired it, and I required it in his name; which I did not intent but to avoid dispute: and I said not this was an ordinary revenue, but this Tonnage was the means to enable his Majesty to set his Fleet to sea.  
After this Apology, he read his Majesty's answer to the Petition of the Lower-House.  

Sir john eliot,  
Mr. Speaker, I confess this hath given great satisfaction for present desires and future hopes; and howsoever I find the misinterpretation of some, and the danger of Religion; yet I find his Majesty's ears open, and if these things be thus as we see, that then he is not rightly counselled. I am confident we shall render his Majesty an account of what he expecteth: but Sir, I apprehend a difference between his Majesty's expression, and the expression of his Ministers.  
First Sir, that Bill was here tendered in his Majesty's name, and now we find his Majesty disavows it, that he did it not. What wrong is this done to his Majesty and to this House, to press things in his Sovereign's name, to the prejudice and distraction of us all? I think him not worthy to sit in this House.   

Mr. Speaker,  
THis Honourable person did explain himself, that he did not press it in his Majesty's name, but only did commend it to your considerations.   

Secretary Cook,  
I Said, that in regard of the difference between his Majesty and his Subjects, my desire was to accommodate it.   

Sir Humphrey May,  
IF ye be too quick to except against the ministers of his Majesty, that serve his Majesty and this House, it will discourage and stop our mouths whose service ye daily commend.     

At the Committee for Religion.  


Sir. john eliot,  
FOr the way of our proceed, to show the weight and unity thereof to all the world, we have laid a good foundation. I collect out of the particulars about the Article of Lambeth, that the difference was in the manner of the use of them, but all did profess the truth and worth of them: at which unity in all our hearts we may all rejoice; whereas the enemy abroad gives out, that we are at faction amongst ourselves, whereas all of us took them granted, not only to make use of them to oppose our adversaries, but also for the worth of them. Let us boldly rely on the ground already laid, let us look to them that offended us in this our truth, which I hope we shall live and die in, if there be cause. Are there Arminians? (for so they are called) look to this, see what degree they creep, let us observe their Books and Sermons, let us strike at them, and make our charge at them, and vindicate our truth that seems yet obscure: and if any justify themselves in their new opinions, let us deal with them, and then testimony will be needful, our truth is clear, our proofs will be many, and if these parties will dare to defend themselves, then seek for proof.  
The Remonstrance of the last Parliament was read in part about Arminians, and also his Majesty's Declaration printed with the book of Articles, and the Proclamation against Mountagne.    

Wednesday Febr. 4.  
A Bill preferred that no Clergyman shall be in Commission for Peace, except Bishops, Deans, Vicechancellors of both Universities, etc. within their several jurisdictions.  
Doctor Reeves, which sat as Judge upon the Conservation of Mr. Montague, called in and examined, saith, That Objections were offered o'er tenus, and after offered in writing, but he rejected the same, because they had not an advocates hand; and upon the whole saith, he durst neither admit of any objections for the present, nor give time for the same, upon pain of praemunire by the Statute.  
Doctor Talbot and Doctor Steward are assigned for Council with Mr. jones the Printer in his Cause.  

Mr. Selden,  
THe point considerable is not whether Doctor Reeves hath done well or ill, for he did but as any discreet man would have done, but the point is now whether Mr. Montague be a lawful Bishop or no. Neither is the question to be debated, whether the exceptions be lawful or no, but being legal, of what force they be to hinder the confirmation of the Bishop. All which is agreed, and Doctor Reeves for the present discharged.  
A Petition is preferred by Thomas Ogle against Doctor Cousins, with Articles annexed thereunto, tending to the introducing of Popish Doctrine and Popish Ceremonies into the Cathedral Church at Durham.   

Sir Euball Thelwall,  
THere were two affidavits that Cousins should say, That the King had no more to do with Religion than his Horsekeeper; and that by the appointment of Mr. Attorney these affidavits were taken, and he said, to the end a Bill in Star-chamber might be filled against him. But since Cousins hath his pardon; and the King was told it was only raised by the spleen of some Puritan.   

Mr. Shervile,  
DEsired that search might be made for the pardons; There were four pardons under the Great Seal granted to Montague, Sibthorpe, Cousins and Manwering: it pardons all Treasons, Premunires, Errors, erroneous Opinions, and all false Doctrines, scandalous Speeches or Books, and all offences by word and deed, all corrupt contracts, etc. Treason to the person of the King, and Witchcraft only excepted.   

Mr. Rousse,  
HEre are four persons that have made the Commonwealth sick; thus by the Physic you see the Diseases: but I conceive there is other physic to be ministered to those rotten Members, for questionless this is not to be cured but by cutting off those Members.   

Mr. Kirton,  
MAster Kirton moved, that the procurers of these Pardons might be enquired after, that it might be seen, who gave order to the Signet for the going forth of those Pardons; for questionless there are Cousins at Court too.   

Sir Robert Philip's,  
IF ever any was abused, it was our King in granting those pardons: we would save the time of doing any thing, if this be not searched to the bottom. The goodness of our King is much abused. I desire the Attorney may give account by what Warrant he drew these pardons, so shall we find out those that misled the King to the heart-grief of us all. It is high time to find out all these things.  
A Committee was hereupon named, to inquire who have been the Solicitors and Procurers of these pardons.   

Sir Edward Giles,  
I Know not what prevention may happen in these, for questionless the devil of hell hath his hand in it: Therefore presently let us send for Mr. Attorney. Which was Ordered.   

Sir james Perotte,  
SIr james Perotte complaineth further of some instruments of the Bishop of London, and Doctor Turner, who denied the Licence of printing the Articles of Ireland: That divers books have been licenced by the Bishop of London's Chapplains, and then refuse the same, declaring they are of a contrary opinion, and haven given licence to Mr. Chomley and Mr. Butterfield, and therefore would not give licence to these.   

Mr. Pym,  
MAster Pym doth make a full Report of all the proceed against Mr. Montague, since the last Parliament of King james.   

Sir Robert Phillips,  
REported from Mr. Attorney, that my Lord of Dorset spoke to him to hasten the Pardons, and that he received a Warrant from the King for drawing them; that my Lord Carleton brought another Warrant from the King for drawing these pardons, telling him, that he must make expedition therein, and he must draw the same as the Council of the parties did direct the same. That Mr. Attorney having made a rough Draught, being often urged to expedition by the Bishop of Winchester, he sent the same to the Bishop, who inter-lined and corrected the same, adding the names of Cousins, Manwering, and Sibthorp to the pardon.  
That Mr. Attorney may be asked whether any of these Lords were made acquainted with the affidavit about Cousins. A Messenger is sent to the Lord Keeper, to know the reason wherefore he made stop of the Great Seal, and by what solicitations he was pressed thereunto.    

Thursday 5.  
A Petition in complaint of an imposition upon Malt, by the City of London, was this day preferred to the House, which is preferred to the Committee for Grievances. Some differences being observed in the Articles, as in the twentieth Article, etc. a Committee is to Compare the old and new Articles with the Records at Lambeth, and consider how all those differences come in.  

Mr. Long,  
COmplaineth, that a Prosecution hath been against him in the Star-chamber for sitting in this House the last Session, he being High Sheriff of Wiltshire, and chosen Burgess of Bath in Somersetshire.  
The Preachers are to be chosen to morrow at the Committee for Religion.   

Mr. Ogle,  
IS called, who averreth his Petition, and will prove the same by witnesses. It is Ordered, that Cousins shall have intimation to attend to answer here, if he will on Monday come fortnight, to be sent for by a Sergeant at Arms, and if he be not of the Convocation; but if he be, then to have notice by the Speakers letters, and if thereupon he appear not, then to proceed with him as is usual in like Cases.  
If Witnesses be sent for to this House in any Public business, they are to pay their own Charges.   

Secretary Gook,  
SAith, He hath very now received from a Noble person this Message from his Majesty, That he hath appointed the eighteenth of this Month for the Fast for this place, and the twentieth of the next Month for the whole kingdom.   

Sir Robert Phillips,  
MOveth in the behalf of the Lord Peircie, that having a Cause in dispute in the Lord's House, and three Members of this House being of his Counsel, desires they may have leave to plead his Cause: Which being conceived to be a Cause that is not to receive any Judgement here, it is granted.    

Friday.  
A Petition exhibited against one Wittington a Papist in Northumberland, Ordered to be sent for by a Sergeant at Arms.  
Mr. Harris of St. Margaret's Westminster, Mr. Harris of Hanwell in Oxfordshire, Mr. William Fitz-Ieofferies of Cornwall, are chosen for three Preachers for the day of the Fast, and for the precedence is referred to the Preachers themselves.  

Mr. Shervill  
REported, one Parson Scall procured the Pardon for Montague; one Bartholomew Baldwin solicited the Pardon for Manwering.  
There is also another Pardon found to be granted to Manwering, pardoning the Judgement late he had given by the High Court of Parliament, and all sums due to the King thereby.   

Sir Nathaniel Ritch,  
THat we may do somewhat which may give content to those who sent us hither, and make expedition to the business of his Majesty and the Commonwealth. That therefore the business of Mr. Montague may be expedited to the Lords, that they may enter into these things as well as we.  
The Council of Mr. jones the Printer are to be heard upon Monday next.   

Sir O. Roberts  
REporteth from the Committee sent to Mr. Attorney, that Mr. Attorney stayed for the Affidavits taken by Sir Euball Thelwall. That one Heath a Gentleman of Grays-Inne, told Mr. Attorney, that Cousins should say, that the King was not supreme of the Church, and that he had no more to do with Religion, than he that rubs his horse heels.  
Mr. Attorney acquainted the King; whereupon the King charged him to make a strict Inquisition herein: but the King would not believe the same to be true. Mr. Attorney sent for his Kinsman again, and being examined, he said so as affidavits were made thereon.  
There was further certificate from the Dean and others at Durham, so that the business was much lessened thereby: but Mr. Attorney pressing the business further, casually met with the Bishop of Winchester, who said to Mr. Attorney, that this business will come to nothing, and King, that made the affidavit was but a vain fellow.  
The Affidavit of Thomas King was read, which verifieth the same.  
Mr. Selden made the rest of this Report, and delivered the Warrant by which Mr. Attorney drew the Pardons for the Bishop of Winchester. The effect was, that what Mr. Montague had done or writ, was not out of any ill meaning; such a Pardon should be drawn as Mr. Mountagues Council should direct. This Warrant was under the Lord Dorchester, being the Lord Carleton.  
Mr. Selden delivereth likewise the Copy of the Pardon interlined, and razed by the Lord Bishop of Winchester.   

Sir john eliot.  
HEre is high Treason upon oath, a Deposition upon oath, an opposition is not in Law to be admitted; for here is not only an Admission, but an Invitation of Certificates for defence, and allowed to sway the case of so high a nature; that therefore the parties that made the Affidavits, and Mr. Attorney may be examined, to make a better disquisition in this, for I fear the intimation of the Bishop of Winchester swayed too far with Mr. Attorney. Be matter true or false, the neglect of the duty of the Attorney is not to be excused. I am much grieved to see his Majesty's mercy run so readily to these kind of persons, and his justice so readily upon others, trifling occasions, nay upon no occasions, nay upon no occasion, only the misinformation of some Minister. Mr. Attorney being by Writ to attend the Lords House, cannot be enjoined to attend this House or to appear upon Warrant: wherefore Mr. Littleton and Mr. Selden, being of the same Inn of Court, have undertaken to give notice to Mr. Attorney, that there being as accusation here against him, he may here answer and satisfy the House on Monday next.    

Saturday.  
A Bill against Spiritual Simony, and a Bill against buying or selling of places of Judicature.  
Mr. Kirton moved, That a time may be appointed to take into consideration the business of Tonnage and Poundage.  
Sir Walter Earl secondeth his motion, that all the world may know, that we will give to God that which is Gods, and to Cesar that which is Caesar's, and to our Country that which is theirs.  
Sir Walter moveth, That the Merchants may have their goods, and that his Majesty may be moved therein.  
It is Ordered, That the House on Tuesday next, in a Committee, shall take into consideration the business of Tonnage, Poundage, and all things incident thereto.  
Mr. Shervill is nominated to take the Chair of the Committee.  

Sir Rober Phillips  
REported from the Committee for Course of Justice: A Petition of Complaints was exhibited by Mr. noel, a Member of this House, against Sir Ed. Moseley Attorney of the Duchy Court, and his man, in point of injustice, That Moseley covenanteth, that his man Brograve should have 80 pounds, and then he should have an Injunction; but the Chancellor having Intimation thereof prevented the same, yet after by Covenant, Moseley procured his man 50 pounds; That this was an ordinary course, cited many particulars, that Moseley would in his private Chamber add to Orders, or detract from them, or that was for the King, or against the King, as men would come off to him.  
This is referred to a Committee to be examined.   

Mr. Selden,  
REported from the examination of Allen, for so much as concerneth the Privilege of this House, by the first and third Article against him.  
This justified by a Letter written by Allen, to Mr. Barton; the Puritan faction denied supply like Watermens provoked to War, rowed another way: for his Author of this, he produceth a book set forth by King james, in the 19 year of his Reign, pag. 13. to show how the Puritan faction be clear, by mentioning the particular Members of the Commons House, and pag. 5. & in the same pag. all which they cloak with Religion: and when he had boldly insisted on these, he said, I pray note it; It is not this Parliament I speak of, it was another.   

Sir Robert Phillips,  
THat he may be sent to the Tower, and that he may stand in some public place, with a Paper declaring the cause, or such other punishment as the House shall think fit.   

Mr. Pym,  
THat other matter of greater importance being under examination, he may for the present rest in custody, and I doubt not but there is matter sufficient to inflict further punishment.  
Ordered that Allen shall first answer his contempt at the Committee for Religion, on Monday next.   

Mr. Shervile,  
THat the Committee for Pardons is sine die, therefore he moveth for another day, whereupon there is order to meet this afternoon.  
Mr. Selden reported the draught of Mr. Mountagues interlined Pardon, concerning the Additions more than an ordinary Coronation Pardon, except sundry causes depending in the three Courts in Westminster-hall, and the High Commission Court.  
For Manwering, all offences for time past, and for time to come.   

Sir john Stanhope  
MOveth, That one Lynne a Member of this House, and Secretary to the Bishop of Winchester, may look on the Pardon, and be enjoined to declare whether he know the hand or no.  
Mr. Lynne declareth the interlined particulars, to be part his Lord's hand, and part his own hand, by his Lords command; yet some of the interlined particulars he knew not the hand.  
Sir Nathaniel Ritch thanked this Gentleman for dealing clearly with the House, and saith, for his encouragement, he deserveth thanks from the whole House.  
Sir john eliot moveth, That a select Committee may extract a charge against the Bishop of Winchester, that we may have judgement against him.   

Sir Daniel Norton,  
THat a Doctor of Divinity, in the Bishop of Winchester's Diocese, a very grave Divine, Doctor Moor, the Bishop of Winchester said to him, he had heard him often preach against Popery before the King's Majesty, which was very pleasing to the King; but now he must not. The Doctor answers, he must if it comes in his way: said the Bishop, you must not; and further, your Tables in the Quire stand as in an alehouse. The Doctor replied, they stood according to Law: says the the Bishop, there be Articles to controove: said the Doctor, the Register found it contrary, saying, Your Tables at Winchester stood as Altars.   

Sir Robert Phillips,  
THus you see how truth in the discovery doth grow upon us. And now you see how the introducing Ceremonies at Durham doth arise; and now you see the greatest aspersion laid on his Majesty that ever I heard of; and now I am confident the Bishop of Durham procured the King's hand to the Pardons.   

Chancellor of the Duchy,  
THis trencheth high to the person of the King, and I am glad to hear it, and shall be more glad to see it proved.   

Sir Thomas Heale  
SAith, he heard these words from Doctor Moores own mouth: and ask if he would prove this in Parliament, he said, he would maintain it with his life.   

Mr. Valentine  
SAith, That this Bishop hath a Chaplain in Grantham, that preached they were all damned that refused the Loan, and that he hath made a great combustion in placing the Communion Table there.  
The Speakers Letter is to go for Doctor Moor.    

Monday 9  
A Petition in complaint of the Post-Masters Patent of London, which is referred to a Committee.  
Mr. Speaker delivered from Mr. Attorney, a Warrant in writing, of his proceed in Cousin's business.  
Mr. john eliot reported from the Committee for examination of the Merchant's business, that the Committee finding Sheriff Acton in prevarications, and contradictions in his examinations, which is conceived to be a contempt of this House, desires he may be sent for to answer his contempt.  
Mr. Godwin saith, the Sheriff acknowledgeth his error, and humbly desireth so much favour, that he may once again be called before the Committee, and if then he give not full contentment by his answer, he will refer himself to the wisdom and justice of the House.  
Mr. Walter secondeth this Motion, so did Alderman Molson, Secretary Cook, Chancellor of the Duchy, etc. but his abuse being declared to be so great and so gross, and that he had so many times given him to recollect himself, and that he being so great an Officer of so great a City, had had all the favour that he might be, and yet rejected the same, and carried himself in a very scornful manner; wherefore it is Ordered, that he shall be sent for to the House as a Delinquent to Morrow morning.  
jones the Printer and his Council are called in to argue the business of Mr. Mountagues Episcopal Confirmation.  
First Quere, Whether the exceptions be legal.  
Secondly, whether the Confirmation be good? The last is the point now in hand, to which the House enjoined the Council to speak.  
The Council proposed a Third Quere; What will be the fruit or effect of it, if in Law the Confirmation prove void? In this the Council said, it will not extend to make him a Bishop upon the point of Election, but upon the point of Confirmation only, which maketh him punishable if he execute any thing concerning the Bishopric.  
Sir Hen. Martin saith, The exception making void the Confirmation, doth in Law work also upon the Election.  
Doctor Steward saith, The point of setting to of the Advocate's hand, is but matter of Form in the Court, no matter of Law.  
Sir Henry Martin saith, he will endeavour himself to give the House as full satisfaction, and he will speak without relation to the Kings Right and Laws of the Realm.  
The Proclamation by the Common Law should not be at Bow Church, but at the Cathedral Church of the Diocese where the Bishop is to be elected, and the Dean and Charter of that Diocese is to except, and not every one that will. The Argument is endless, and to alter a course so long settled, I conceive it is plain, the King and the Law have power to deprive him of his Bishopric if he deserves the same; I think therefore it were good to decline this dispute for the present, and to proceed to remove him which we are allowed.   

Tuseday 10.  
A Bill for Ordering the Government and Plantation of the Summer Islands.  
A Bill to restrain some abuses in Ministers and Magistrates.  
Mr. Rowles complaineth, that since his last complaint of the breach of the liberties of this House, his Warehouse hath been locked up by one Massey a Pursuivant, and that yesterday he was called forth from the Committee in the Exchequer-chamber, and served with a Subpena to appear in Star-chamber; but that since he received a Letter from Mr. Attorney, that it was a mistake. The Subpena was read, but the Letter not suffered to be read.  

Sir Robert Phillips,  
YOu see we are made the Subject of scorn and contempt. I conceive this to be a bone thrown by those that have drawn a cloud over our sun, our Religion, to divert or interrupt us in the prosecution of them. I desire the Messenger may be sent for, and examined by what procurement this Subpena was taken forth: for if we find not out those that throw these scorns upon us, it is in vain to sit here.   

Mr. Chancellor of the Duchy,  
THis proceeds from some great error; for I will assure you, this never proceeded from King nor Council. I therefore desire it may be searched to the bottom, for be confident, neither King nor Council have cast in this as a bone.   

Mr. Selden,  
THis is not to be reckoned an Error, for questionless this is to affront us, and our own Liberties is the cause of this.  
It is Ordered, that Shemington the Messenger that served the Subpena be presently sent for to the House.  
A Committee of six are appointed to see the information in Star-chamber, and to examine the same, and by whom the same was put in: and they have power to send for persons, or records that may inform them.  
A general Order agreed on, That all the Committees that have power to send for parties, shall have power to command any of them as they shall think fit, to attend the House at such times as they shall think fit.  
The privilege of the Merchants that are Planters here, may be taken into consideration by this Committee, concerning the information in Star-chamber.  
Sheriff Acton called into the Bar as a Delinquent, upon his knees saith, if he have erred, it is through want of memory and ignorance; for he intended not the least dislike, or distaste to any Member of the House.  
Mr. Long moved he might be sent to the Tower.   

Sir Francis Seymour,  
THat he may now be referred back to the Committee to be re-examined, if then he deal not clearly, this House may proceed to further punishment.   

Mr. Selden,  
I Cannot remember when we did commit a Sheriff of London, but I remember when the House did commit both the Sheriffs of London to the Tower, for an abuse of less nature, only for countenancing of a Sergeant in an Arrest on a Member of Parliament, though they did acknowledge their faults at the Bar, which this man hath not yet done; the Sergeant was sent to Little-ease, the person, at whose suit he was Arrested, was committed to the Fleet, and both the Sheriffs to the Tower.   

Mr. Kirton,  
I Came into this House with as good an heart to this man as any man, for I was spoken to to stand for him as I came in, and I promised to do what favour I could: but if he were my brother he should to the Tower.   

Mr. Littleton,  
YOu see the affronts by books, by preaching, by rumours, by being daily sued, with Process, that are put upon us, that we are become but a mere Scarecrow: the neglect of our duty is the cause of this, it is high time to remedy this, or it is in vain to sit here.  
The Sheriff is again called in to the Bar on his knees, and is sentenced to the Tower.   

Sir Ben. Ruddiard,  
THere be divers Recantations, Submissions, and Sentences remaining on Record, in both Universities against Arminianism, that concerning any thing that may conduce to our end, the Speakers Letter may be sent to the Vicechancellor, for those Records: which is Ordered.  
It is Ordered, that Worsnam Daws and Garmarthen, are to be at the Bar upon Friday.    

Wednesday 11.  
MAster Selden reported concerning the Process of the Merchants, the Copy of the Bill brought in and read, that the Merchants did Plot, Practice, and Combine together against the peace of the Kingdom. This being conceived to be a business incident to Tonnage and Poundage, is Ordered to be referred till to Morrow morning.  

Mr. Selden,  
THat a Report shall be made to morrow of the Examination of the Complaints of the Merchants, and the information in the Exchequer may also be brought; which was also Ordered.  
Ordered, That in respect the Term ends to Morrow, and the Assizes is to follow, and divers Members Lawyers may be gone down, it is Ordered, that none shall be gone without leave of the House.  
It is alsu Ordered, That the Speakers Letter be sent for Sir Edward Cook.     

At the Committee for Religion.  
MAster Walter delivered a Petition of the Booksellers and Printers, in complaint of the restraint of books written against Popery and Arminianism, and the contrary allowed of, by the only means of the Bishop of London; & that divers of them have been so Pursevanted for printing of Orthodox books, & that the licensing of books, is now only restrained to the Bishop of London and his Chaplains.  
One of the Printers said he tendered divers books, one called, The golden Spur to the heavenly Race. That Turner, one of the Bishop of London's Chaplains said, That if he would put out the point, That a man may be certain of his Salvation, he would licence the same: notwithstanding he put out that point, yet he could not get the same licenced.  
Mr. Selden, The refusing the Licensing of books is no crime, but the Licensing of bad books is a crime, or the refusing to licence books, because then writ against Popery or Arminianism is a crime. There is no Law to prevent the printing of any book in England, only a Decree in Star-chamber: therefore that a man should be sued and imprisoned, and his goods taken from him, is a great Invasion on the Liberty of the Subject: moveth a Law to be made upon this.  
This is referred to a select Committee to examine.  


Mr. Shervile,  
REported concerning the Pardons, that they have examined Doctor Sibthorp and Cousin's Pardons. Sibthorp solicited his own Pardon, and said, he would get the Bishop of Winchester to get the King's hand to it.  
It is evident, that the Bishop of Winchester got the King's hand to Sibthorp and Cousin's Pardons, and also Mountagues Pardon was promised by him.  
That Doctor Manwering solicited his own Pardon, and the Bishop of Winchester got the King's hand to it.  
It is likewise said, the Pardons were all drawn by Mr. Attorney before there was any Warrant.  
Mr. Cromwell saith, he had by relation from one Doctor Beard, that Beard said, Doctor Alabaster had preached flat Popery at Paul's Cross; the Bishop of Winchester commanded him, as he was his Diocesan, that he should preach nothing to the contrary.  
Sir Robert Philip's saith, One Doctor Martial will relate as much said to him by the Bishop of Winchester, as the Bishop said to Doctor Moor.  
Mr. Kirton, That Doctor Martial and Doctor Beard may be sent for. This Bishop, though he hath leapt through many Bishoprics, yet he hath left Popery behind him.  
That Cousin's frequenting the Printing-house, hath caused the Book of Common-Prayer to be new printed, and hath changed the word Minister into Priest, and hath put out in another place the word Elect: thus Cousins and his Lord go hand in hand.  
Sir Miles Fleetwood saith, We are to give Montague his Charge, and by his books, charge him with Schism in error of Doctrine, Faction in point of State, Thirdly matter of Aggravation.   

Sir Walter Earl,  
QUi colour albus erat, nunc est contrarius albo. saith, Doctor White hath sold his Orthodox books, and bought Jesuitical books; & moves that Bishop White, may go arm in arm with Montague. Ordered a select Committee to be named, to digest these things that have been already agitated, concerning the Innovation of Religion, the Cause of the Innovation, and the Remedy.    

Thursday 12.  
THe Sheriff of London, upon his submission at the Bar, is released his imprisonment in the Tower.  
Sir john eliot made the Report for the Committee, in the examination of the complaint of Merchants, and delivered the Orders and Injunctions into the Exchequer.    

At a great Committee for Tonnage and Poundage, Mr. SHERVIL in the Chair,  
MAster Waller delivered a Petition from Chambers, Felke, and Gilborn, in complaint of an information against them in the Star-chamber, about Tonnage and Poundage, & that by the restraint of their goods they are like to be undone.  


Sir john eliot,  
THe Merchants are not only kept from their goods by Customers, but by a pretended Justice in a Court of Justice, as the Exchequer. I conceive, if the Judges of that Court, had their understanding enlightened of their error by this House, they would reform the same, and thereby the Merchants suddenly come to their goods.  
Mr. Transtort conceiveth this to be a difficult way for us to go.  
Mr. Corington, Let it be done which way the House shall think fit, but I conceive the Merchants shall have their goods before we can think of the Bill. King's ought not by the Law of God thus to oppress their Subjects. I know we have a good King, and this is the advice of his wicked Ministers: but there is nothing can be more dishonourable unto him.  
Mr. Stroud, That it may be Voted, That the Merchants may have their goods before we enter on the Bill.  
Chancellor of the Duchy, I shall speak my opinion, because I know not whether I shall have liberty to speak, or you to hear any more. All the proceed of the King and his Ministers, was to keep the Question safe until this House should meet; and you shall find the proceed of the Chequer were Legal; and thus much, not knowing whether I shall have a days liberty to speak any more here again.  
Mr. Thesaurer, There is none here but would think it a hard thing, that a Possession should be taken from us without any order for Sequestration, that therefore it was not to be suffered, that these few men should so unjustly disturb the Government of the State. Desires there may be no interruption, but that we may proceed to settle the Tonnage.  
Mr. Corington, I hope we may speak here, as I hope we may speak in heaven, and do our duties, and let no fear divert us.  
Mr. Waller, It is not so few as 500 Merchants are threatened in this.  
Sir Robert Phillips moveth, we may go to the King, and satisfy him of these interruptions.  
Mr. Noy, We cannot safely give, unless we be in possession, and proceed in the Exchequer nullified, and information in the Star-chamber, and the Annexion to the Petition of Right, and other Records. I will not give my voice to this, until these things be made void; for it will not be a Gift, but a Confirmation. Neither will I give, unless these interruptions be removed, and a Declaration in the Bill, That the King hath no Right, but by our free gift.  
If it will not be accepted as is fit for us to give it, we cannot help it. If it be the Kings already, as by these new Records, than we need not to give it.  
Mr. Selden secondeth the Motion of sending a Message to the Exchequer, declareth a Precedent of a Message sent into the Chancery, for stay of proceed in a Cause, and it was obtained; and whatsoever the Judges return it cannot prejudice us: the Law speaks by Record, and if these Records remain, it will to posterity explain the Law.  
Mr. Littleton, For the Right, there is no Lawyer so ignorant to conceive it, nor any Judge in the Land to affirm it is against giving to the King, or going on the Bill. In this case, by the Law, a man cannot be put to a Petition of Right, but shall recover without Right.  
Ordered, that a Message shall be sent to the Court of the Exchequer, That whereas certain goods of the Merchants, have been stayed by Injunction from that Court, by a false Affidavit, and that the Customers that made the Affidavit, have upon examination of this House confessed, that the goods were stayed only for duties contained in the book of Rates, that therefore that Court would make void the orders and Affidavits in this business.    

Friday 13.  
A Petition against one Burges a Priest, who was here complained of the last Session; some new Articles complained against him, that he could not get a Copy of his Articles out of the house, until he was fain to get one counterfeit himself a Puritan to get the same, and other new misdemeanours. He is Ordered to be sent for.  

Sir. john eliot,  
A Motion for Privilege of Merchants. Order is, That any man having a Complaint depending here, in the mean time intimation shall be given to my Lord Keeper, That no Attachment shall go forth against the Merchants.  
Chancellor of the Duchy reported the Message to the Chequer Court, that the Treasurer and the Barons, will forthwith take the same into consideration, and return answer.  
It is Ordered, Mr. Secretary Cook shall take care, that intimation shall be given to the City about the Fast.  
Doctor More called in, saith, he was referred to the Bishop of Winchester, to be censured for preaching a Sermon; the Bishop said he had heard him preach, and deliver many pretty passages against the Papists, which pleased King james, but he must not do so now.  
That you have a brother that preacheth against Bowing at the high Altar, or at the name of jesus; and that the Communion Tables stood as Tables in Alehouses; but he would have them to be set as High Altars.  
Dr. Moor is to deliver these things in writing to Morrow morning.     

At the Committee for Religion.  
SIr William Bawstrod, If we now speak not, we may for ever hold our peace; when besides the Queen's Mass, there are two other Masses daily: so that it is grown ordinary with the outfacing jesuits, and common in discourse, Will you go to Mass? or, have you been at Mass at Somerset-house? there coming 500 at a time from Mass. Desires to know by what authority the jesuits lately in Newgate were released.  
Mr. Corington, Doubts not but his Majesty's intention was good in the Declaration lately published, but I conceive it will be made use of only to our disadvantage; that therefore the Declaration made be taken into consideration.  


Sir Richard Gravenor  
REports the proceed of this House against Popery the last Session, and what fruits have been thereon.  
Sir Rober Phillips, If ever there were a necessity of dealing plainly and freely, this is the time. There is an Admission of Priests and jesuits, as if it were in Spain or France: this increase of Papists, is by connivance of persons in Authority.  
Nine hundred and forty persons in houses of Religion, being English, Irish, and Scots in the Netherlands, maintained by the Papists of England; and of this I shall deliver the particulars, that we may frame a Remonstrance to the King, that unless there be some better performance of his Majesty's late answers to so many Petitions, our Religion will be past recovery.  
Mr. Corington, That the Papists, by Act of Parliament, or Laws of State▪ may be removed from their offices, which we have just cause to suspect.  
Mr. Selden moveth that these things may be debated in order, and first for releasing the jesuits that were arraigned at Newgate, whereof one was condemned; they were 10 in number, which were Priests who had begun a College here in London, about Clarkenwell: and these men could not attempt these acts of boldness, but they must have great countenancers.   

Secretary Cook,  
THat a Minister (who is said to be himself) having notice of these 10, and this College intended to be kept at Clarkenwell.  
That it is plain there was a place appointed for this College, and Orders and Relics prepared.  
This Minister made the King acquainted with it, and I should not do my duty, if I should not declare how much his Majesty was affected with it. His Majesty refers it to the special care of the Lords of the Council, who examining the same, sent these ten persons to Newgate, and gave order to Mr. Attorney, to prosecute the Law against them. That this College was first at Edmonton, removed from thence to Camerwell, and thence to Clerkenwell.  
Ordered, That all the Knights and Burgesses of the House, shall, to Morrow morning declare their knowledge, what Letters or other hindrances have been for the staying of proceed against Recusants.  
Mr. Long, a Justice of Peace, who is said to understand much in the business of the College of jesuits at Clarkenwell, is sent for and examined; saith, by the appointment of Mr. Secretary Cook, he apprehended these persons, and took their Examinations; and saith further, he heard they were delivered out of Newgate by order from Mr. Attorney.  
That Mr. Middlemore, or General Solicitor for the Papists, hired this house for the Lord of Shrewsburie, a Papist, and that there are divers books of account, of payments and disbursments, to the value of 300 pounds per Annum, with divers Recusants names, who allowed towards the maitenance of this College; and these books and papers, are in the hand of Mr. Secretary Cook.  
Secretary Cook saith, he cannot so amply declare the truth of the proceed herein, until he have leave from his Majesty.  
One Cross a Pursuivant, is to be examined upon oath: who declareth, he could discover divers stoppages of the execution of the Laws against Recusants.    

Saturday 14.  
A Complaint against the Lord Lambert, a Baron of Ireland, and a Member of this House; who being a Colonel of Soldiers in Midd. hath imposed Four pence upon every Soldier towards his Officers Charges, and the Petitioner, for refusing to pay, was first set in the Stocks, and after, by the Lord Lambert, committed to a Public prison.  
It is Ordered, that the Lord Lambert shall be sent for to answer this.  
Sir john Epsley desireth leave to answer a Complaint that is in the Lord's house of Parliament against him.  
Mr Selden, That the use was, and citeth Precedents, that no Commander could be called to the Lords House, but it will trench much to the disadvantage of the Privilege of this House; and until 18. jac. there was never Precedent to the contrary. That therefore this may be considered of by a select Committee.  
Ordered, that Sir john Epsley shall not have leave.  
Mr. Chancellor of the Duchy, stiffly secondeth Mr. Seldens Motion.  
Mr. Secretary Cook, I am as careful to maintain a good correspondency with the Lords, as any man; but connivances in this kind may overthrow the fundamental Rights and Liberties of this House. Let it therefore seriously be considered of; for this not only concerneth the Right of this House, but the Liberty of the Commonwealth.  
Ordered, a select Committee shall be appointed to consider this.  
Mr. Chancellor of the Duchy, delivereth an answer in writing from the Lord Chancellor, Trer. and Barons, to the Message sent to them.  

Mr. Kirton,  
WE looked for Satisfaction, but now you see a Justification of their actions. I therefore desire now, we may proceed to consider of their proceed, and whether ever the Court of Exchequer held this course before, for staying of Replevies; and whether these have been done by the Regal Prerogative of the King, in his Court of Exchequer.  
It is Ordered, that a select Committee of Lawyers, Chequer-men, shall take this into consideration.  
Mr. Selden, We have delayed the proceeding with the Customers, expecting some good success from the Chequer, but finding it otherwise, I desire the Customers may be called to the Bar on Monday next. Which is Ordered.     

At the Committee for Religion.  
SIr Thomas Hobbie, from the Committee reported for the examination of the Keeper and Clerk of Newgate, concerning the Priests, there being a Warrant under the Attorneys hand for the delivery of the Persons; a Warrant under the Lord Chief Justice's hand, according to a Letter which he received from the Lord of Dorset, signifying, that it was his Majesty's pleasure, that the Priest condemned should be reprived.  
Another Warrant under the Attorneys hand, that the Priests condemned should be reprived; and also in the King's name to release those other nine persons.  
Sir Nathaniel Ritch, I am confident, the Grace of the King hath been abused in this; that therefore the privy Counsellors of this House, may know whether it were his Majesty's direction.  
It is moved, that Mr. Secretary Cook, may first declare his knowledge in this.  
One Cross, gave intimation of these persons.  
First the Secretary, Super totam maternam, It is evident, that the College at Clarkenwell, is a College of jesuits, holden under a Foreign Supreme power.  
Sir Francis Seymour taxeth Mr. Attorneys affection and judgement in this, and also declareth continual Letters from Mr. Attorney in stay of proceed against Recusants. You see in this, how slightly Mr. Attorney hath put over a business of this weight to Mr. Long.  
Cross the Pursuivant saith, there was an Eleventh man in the New Prison, and the Keeper of that Prison said, he was delivered by Warrant from the Councel-board.  
Sir john eliot, No man could find a way on which to vent his malice so much to this Church and State, as by protecting these men. That this may be fixed home on that great Lord of Dorset, that I fear hath defiled his fingers too far in this business; and on Mr. Attorney, whom I am sorry I have occasion to nominate so often in this matter of Religion, in stopping of proceed against Recusants.  
Mr. Recorder is ordered to be sent for, and to be examined in this, rather than to be sent for, having had the Honour formerly to sit in the Chair.  
Secretary Cook saith, we shall find that the King, being merciful in case of shedding blood, gave direction for the repriving of those Priests.  
Sir. john eliot, I doubt not when we shall declare the depth of this to his Majesty, but he will render them to judgement that gave him advice herein.  
Sir Nath. Ritch, These jesuits are bound by Sureties to answer further at the Councel-board. I wish these Bonds would produce these Men, that by examination of them, we may find out the whole pack of their Benefactors and Countenancers.  
Mr. Long saith, that he offering at Session the Evidence by order from M. Attorney, the Lord Chief Justice Richardson interrupted him, and told him he must speak to the point in issue, whether Priests or no Priests: and hereupon the Judges consulted amongst themselves.  
Mr. Selden saith, he was present at the Sessions, and plain Treason was proved, and nothing done in it. The further examination of this is referred to a select Committee.  

Monday 16.  
A Petition of Complaint against Sir Henry Martin, for disposing of the goods of one Brown (who died intestate) to his own private use.  
Sir Henry Martin, If I prove not myself as clear of this as St. john Baptist, let me be reckoned to be a Jew.  
Referred to the Committee for course of Justice.    

At the Committee for Religion.  
MAster Stroud, That the Lord Chief Justice may be called to give an account of his stay of Justice, in the execution of the condemned Priests, which he ought not to have done, though his Majesty signified his pleasure to the contrary.  
Chancellor of the Duchy, That was a thing ordinary for a Chief Justice to do in Queen Elisabeths' and King james times, as also a Declaration in the Star-chamber, that all condemned Priests should be sent to the Castle of Wisbitch; and from hence (though the King had given no order for the replevie) he might have taken his Warrant for his proceed.  
Mr. Selden reporteth from the Committee, for the further examination of Mr. Long, concerning the proceeding at Newgate against the jesuits; whereby plainly appeareth, that the evidence tendered in the Court at Newgate, did plainly testify these men to be Priests, yet the Lord Chief Justice Richardson did reject the same, against the sense of the rest of the Judges and Justices present: whereby it is plain he dealt underhand to some of the jesuites.  
Ordered, That two Members shall be sent to each Judge that were present at the Sessions at Newgate; who were said to be the Lord Chief Justice of the King's Bench, & the Chief Justice of the Common-pleas, Justice Whitlock, Justice jones, and Justice Crook.  

Tuseday 17.  
MAster Chambers preferreth another Petition, in complaint of a Warrant newly proceeding from the Councel-board, for the stay of the Merchant's goods, unless they paid the duties that were due in King james his time.  
Sir john eliot, You see, as by the last answer from the Exchequer, the Merchants were bounded within the Court to sue for their own; so they are now debarred from all means of coming by their own.  
It is Ordered, that the Customers shall attend the House on Thursday next. In the mean time it is referred to the former Committee.  
Ordered, a Committee of six to Collect and take all the names at the Fast, and to meet at eight of the Clock in the Morning.  
Ordered, That a Committee shall consider of a speedy way to put the Merchants in Possession of their goods, without which it is warned we sit here in vain.  
Sir Thomas Hobbie, Reported from my Lord Chief Justice Hid, that he doth not remember any Papers tendered by Mr. Long were rejected, or that he affirmed they were dangerous persons, and a College of jesuits; but howsoever Mr. Long tendered nothing to prove them so, but that he had divers papers in his hand.  
Mr. Wansford Reported from the Lord Chief Justice Richardson, who saith, that Mr. Long did discourse of the place and house, but did not press the reading of any papers, neither doth he know what was in the papers, neither knew he any thing to prove the persons Priests.  
Sir Thomas Barrington delivereth the answer of Justice jones, who saith, the same papers were offered by Mr. Long, but he knoweth not the Contents thereof, nor the reason why they were refused: but he came late for want of his health, and the second day was not there at all.  
The like was Reported by Sir Will. Constable, from Justice Crook.  
Sir Thomas Barrington saith, Although that Justice jones did not write the name of my Lord Chief Justice Richardson, yet in discourse named him to be the man that said, The point in proof is not whether they be Priests or no Priests.  
Sir Nath. Ritch, Here is a charge of a high nature on the Judges by Mr. Long. That Mr. Long now may make good his Charge, or suffer for it: for there were witnesses enough in the Court.  
Ordered, Mr. Long to be here on Thursday Morning.  
Ordered, That the Justices about this time, shall be required to deliver in the names of all Recusants remaining about the Town, and their conditions, and what Country they be.  
It is Moved, That the Gentlemen of the Inns of Court, and of the Chancery, may give in their knowledge what Recusants are there.  
Sir john Stanhope, That the Court may give in the names of Recusants there, likewise by what Warrant these be about the Town, and what public charge of Office any of these persons have, also what Priests and jesuites are in any prison in London; for they have liberty sometimes to go five miles to say Mass.   

Wednesday 18.  
A Public Fast was kept by this House in Westminster, where were three Sermons.   

Thursday 19  
MAster Dawes, one of the Customers, called in to answer the point of Privilege in taking Mr. Rolls his goods, being a Member of this House, saith, he took Mr. Rolls goods by virtue of a Commission under the great Seal, and other warrants remaining in the hands of Sir john eliot. That he knew Mr. Rolls to be a Parliament man, and Mr. Rolls demanded his Privilege; but he did understand his Privilege to extend only to his person, not to his goods.  
Mr. Daws further saith, he took those goods for such duties as were due in King james his time, and that the King sent for him on Saturday last, and commanded him to make no other answer.  
Mr. Carmarthen, another Customer called in, saith, he knew Mr. Rolls to be a Parliament man, and that he told Mr. Rolls he did not find any Parliament man exempted in their Commission, and if all the body of this House were in him, he would not deliver the goods (if he said he said he would not, it was because he could not.)  
Mr. Wansforth, That the delinquence of these men may be declined for the present, and that we may first go to the King by way of Remonstrance; considering the matter from whence this did arise. If it were a single Privilege, it were easily determined.  
Mr. Selden, If there be any near the King that mispresents our actions, let the curse light on them, and not on us. And believe it, it is high time to right ourselves, and until we vindicate ourselves in this, it will be in vain to sit here.  
Sir Nathaniel Ritch moveth, not to proceed in this, until it be by a select Committee considered, in regard, the King himself gave order to stay these goods, though the goods of a Parliament man.  
Sir john Eliot, The heartblood of the Liberty of the Commonwealth, receiveth its life from the Privilege of this House.  
Resolved by question, that this shall be presently taken into consideration. And being conceived a business of great consequence, It is Ordered, That the House shall be dissolved into a Committee, for the more freedom of debate. Mr. Harbert in the Chair of that Committee.   

Friday 20.  
A Petition of Complaint of a Conspiracy against a man's life, by the Lord Deputy of Ireland, and others, to get the estate of the Petitioner to their own use.  
Which is referred to the Committee for Justice.  
Sir john Worsnam, another of the Customers called in, saith, he was commanded from the King: that the goods were taken for duties; and no more: that he was sought to to Farm the Customs, and told the King, (being sent for to him) that he was not willing to deal therein, until the Parliament had granted the same.  
Mr. Selden Conceiveth the case of these three Customers do differ in the degrees of their offences. First for Sir john Worsnam, whatever he saith here, he hath often confessed the goods were taken for Tonnage and Poundage: so that as he broke the Privilege in taking the goods, so likewise his swearing one thing and the contrary, plainly appeareth upon proof, and his own confession.  
Mr. Dawes, his cause differeth only in this, Sir john Worsnam is a Patentee, and Daws only a sharer.  
Mr. Carmarthens cause differeth, in saying, if all the Parliament were in him, he would not deliver his goods.  
Ordered, that Worsnams' case shall be first decided.  
And first the point is, Whether by the Lease Sir john Worsnam having seized the goods, hath interest or no; or whether he be only an accounter to the King, or not.  
Mr. Glanvile, Here is a sum of money advanced, a Lease granted for certain years, a certain Rent reserved: and though there be a covenant to these men, that if there be less it shall be abated, yet that cannot take away their interest.  
The substance of the offences made by the Customers in the Exchequer is, that the goods of the Merchants seized by them, and remaining in the King's Storehouse, were seized only for duties to the King, mentioned in a Commission under the King's signet; and that themselves (the Customers) had no interest, nor pretence of interest.   

Saturday 21.  
A Petition by Mr. Thomas Symons, in further complaint of the Customers, and the Two shillings Six pence upon the Currants granted to the Lord Arrundell: which is referred to the Committee for Merchants.  
Sir Robert Pie saith, The Lord of Arrundell hath delivered in his Patent to the King two months since.    

At the Committee for Merchants.  
MAster Littleton argued, whether a Member of the House hath his goods privileged upon a Prorogation, being seized for the King.  
All Privilege is allowed for the good of the Commonwealth, and the Parliament Privilege is above any other, & the Parliament only can decide Privilege of Parliament, not any other Judge or Court whatsoever.  
That a man may not distrain for rem in Parliament time, but for all arrears after the Parliament he may distrain: he is not to be employed in any action personal, nor his goods to be seized in the Exchequer. A Record and Act of Parliament by Petition, that because the servant of a Member of the Parliament is in the King's Royal protection, that it might be High Treason to kill a Parliament man: and the King answered affirmatively; which made it a Law.  
And for the Judges to determine privilege of Parliament, were to supersede the Law, and make it void. For the Prorogation the Privilege stands good until the day of Prorogation, notwithstanding a Proclamation of a new Prorogation.  
That the King is never so high in point of State as in the Parliament. Citeth the case of Sir Robert Howard in High Commission.  
All Privileges unless in Felony, Treason, or breach of Peace.  
Sir Robert Phillips, Thus you see how fast the Prerogative of the King doth trench on the Liberty of the Subject, and how hardly recovered. Citeth many Precedents, wherein the goods of a Member of the Parliament were Privileged from seizure in the Exchequer. In 19 Eliz. it was resolved in Parliament, that 20 days before, and 20 days after was the time of Privilege.  
Chancellor of the Duchy, That in this debate we may tie ourselves to point of Law and Authority, not to point of Reason.  
And conceiveth that no Privilege 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 only 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 mere cunning Project, and an offence of a high nature, to shelter their projects under the Command of the Crown.  
Secretary Cook, The point in question is not the right of the Subject, but the right of Parliament Privilege, and that in the case of Mr. Rolls; and this is only now in question.  
Sir john Strangewaies, I know no reason why we should draw a question upon ourselves 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 Privilege 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 privilege to any man to inform his Council, much more the Court of Parliament are to have their Privilege. The King's Command cannot extend to authorise any man to break the Privileges, no more than it will warrant an entry upon any man's Land without process of Law.  
Mr. Solicitor, 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 Privilege in goods. Secondly, whether the right were in the Customers only. Thirdly, whether privilege against the King.  

1. If the Lords have no privilege in Parliaments for their goods, then have they no privilege at all; for they are privileged 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, 〈…〉 recorded the last Session (and citeth other precedents in this House) that a servant of a Member in Parliament ought to have privilege 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 privilege is broken by the Customers, without relation to any Commission or Command of the King.  
Secretary Cook saith, It is in the Commission to seize, but the Commission being read, it is not found to be there.  
Chancellor of the Duchy saith, Mr. Dawes mentioned, that he seized these goods by virtue of a Commission and other Warrants remaining in the hands of Sir john eliot: 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 King's Commission or Command: and desire it, in respect there appears nothing before us to encumber the question.  
Chancellor of the Duchy, desires again these Warrants may be look into before we go to the question.  
Mr. Kirton, In respect this Honourable Gentleman presseth this so far, that it may appear with what judgement this House hath proceeded.  
Mr. Glanveil, I consent these Warrants be sent for and read, but withal, if any thing arise that may produce any thing of ill consequence, let it be considered from whence it doth come.  
The Privy Councillors 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 Honourable persons may make their objections.  
Chancellor of the Duchy, I rejoice when I can go to the Court able to justify your proceed.  
I confess, I see nothing now but that we may safely proceed to the Question.  
Mr. Secretary Cook saith as much.  
Mr. Hackwell argueth against Privilege in time of Prorogation.  
Mr. Noy saith, he had no doubt, but that Privilege was in force in time of Prorogation, until 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 very Prorogation adjudged the Privilege.  
Mr. Hackwell saith, he is glad to hear it is so, and he is now of the same opinion.  
Decided by Question, That Mr. Rolls ought to have Privilege of Parliament, for his goods seized 30 Octob. 5 jac. and all sithences.  
This Committee is adjourned until Monday, and the Customers to attend.   

The Protestation of the COMMONS in Parliament on Monday 2. Mar. 1628.  
1. WHosoever shall bring in an Innovation in Religion, or by favour or countenance seek to extend, or introduce Popery or Arminianism, or other Opinion differing from the true and orthodox profession of our Church, shall be reputed a Capital enemy to this Kingdom and Commonwealth.  
2. Whosoever shall counsel or advise the taking or levying 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 enemy to the Kingdom and Commonwealth.  
3. If any Merchant, or other person whatsoever, shall voluntarily yield or pay the said subsicy of Tonnage or Poundage, not being granted by Parliament, he shall likewise be reputed a Betrayer of the Liberties of England, and an enemy to the same.    

THE KING'S 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 only executing pleasing things. But considering that Justice is as well in Commanding of Virtue, as Punishing of Vice, I thought it necessary to come here to day, to declare to you, my Lords, and all the world, That it was only 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 proceed. Yet that I may be clearly understood, I must needs say they do mistake me wondrously that think I lay this fault equally on all the Lower House; for I know there are many there, as dutiful Loyal Subjects as any are in the world: I know that it was only some Vi●pers 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 (which indeed was the general fault on the last day of the House) did show 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 bears to his Loyal and Faithful Subjects and Nobility. Now my Lords, execute that which I Command you.  

Lord KEEPER,  
MY Lords and Gentlemen of the House of Commons, the KING'S Majesty doth Dissolve this Parliament; wherefore you have all free leave to departed to your Residences, etc.    

His MAJESTY'S Letter, with Queres concerning Ship-money, and the Answer thereunto.  
To Our trusty and well-beloved, Sir john Bramston Knight, Chief Justices of our Bench; Sir john 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 King's Bench, Common-pleas, and the Barons of our Court of Exchequer.  
CHARLES R.  

Trusty and well-beloved We greet you well. Taking into Our Princely consideration, that the Honour and Safety of this our Realm of England, the preservation whereof is only entrusted to Our care, was, and is now more dearly concerned than in late former times, as well by divers Counsels and attempts, to take from Us the Dominion of the Seas, of which We are sole Lord and rightful Owner, or Propriator, and the loss whereof would be of greatest danger and peril to this Kingdom, and other our Dominions, and many other ways; We, for the avoiding of these and the like dangers, well weighing with Ourselves, 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 public a mischief, resolve with Ourselves, to have a Royal Navy provided, that might be of force and power (with Almighty God's 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 City, 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 equality that could be. In performance whereof, though generally throughout all the Counties of this Our Realm, We have found in Our Subjects great cheerfulness and alacrity, which We graciously interpret as a testimony as well of their dutiful affections to Us and Our service, as of the respect they have to the public, 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 aught to be, have not yet paid and contributed the several Rates and Assessments that were set upon them; & foreseeing in our Princely wisdom, that from hence divers 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 judges, who we doubt not are all well studied and informed in the rights of Our Sovereignty. 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 judgements in the Case, as it is set down in the enclosed Paper, which will not only gain time, but also be of more Authority to overrule any prejudicated opinions of others in the point. Given under Our Signet at Our Court of Whitehall, the Second day of Febr. in the Twelfth Year of our Reign. 1636.  
CHARLES R.   

WHen the good and safety 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 Majesty, We have, according to Your Majesty's Command severally, every man by himself, and all of us together, taken into serious consideration the Case, and Questions, signed by your Majesty, and enclosed in your Royal Letter: and we are of opinion, that when the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, Your Majesty 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 Majesty shall think fit, for the defence and safeguard of the Kingdom from such danger and peril: and that by Law Your Majesty may compel the doing thereof, in Case of refusal or refractoriness. And we are also of opinion, That in such Case Your Majesty is the sole judge, both of the danger, and when and how the same is to be prevented and avoided.  


John Bramston.  
John Finch.  
Humphrey Davenport.  
John Denham.  
Richard Hutton.  
William Jones.  
George Crook.  
Thomas Trevor.  
George Vernon  
Robert Barkley.  
Francis Crawley.  
Richard Weston.     
FINIS.