a fitting law to that effect. And his maj. doth further declare, that the mildness that hath been used towards those 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 maj. resolveth, unless he shall very speedily see better fruits, to add a further degree of severity than that which, in your Petition, is desired.

DEBATE ON THE SUPPLY.] April 2. The king's Propositions concerning the Supply were taken into consideration; and a debate ensued upon them in the house of commons. The members who spoke, and the arguments they made use of, were these:*

Mr. Alford said, '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 be drawn to a precedent for the subjects to make and maintain wars.'

Sir Robert Mansell. It had been much better for us to have taken care for these provisions 3 years ago. His maj.'s desire is not to have us overburthened, yet 7 of these Propositions are not to be neglected, viz. the safe guarding of the coasts, the defence of the Elbe, the defence of Rochelle, the increasing of the navy, the repairing of the forts, the discharge of the arrears of merchant ships, and the defence of the king of Denmark. The other seven may be deferred till our next meeting at Michaelmas.'

Sir F. Seymour. It is said, that the great est grievance is want of Supply; but I hold it a greater grievance that his maj. is brought into these necessities; especially considering the supplies that of late have been given him; 2 Subsidies granted by parliament, over and above privy-seals and the late Loan, whereby five Subsidies were forcibly and unadvisedly taken; and we have yet purchased to ourselves nothing by all these, but our own dishonour; we have drawn and provoked two powerful enemies upon us. It is not then what the subjects do give, unless his maj. employ men of integrity and experience to disburse, otherwise all that we give will be cast into a bottomless bag.'

Sir Nath. Rich. Some propositions we shall not meddle with; as, a sovereign army to be transported: we are not fit for that yet, but we will not reject it; for great princes, who give out rumours of raising great armies, do put their enemies to great fears. Then the defence of our coasts: nothing is more necessary; but the bill of poundage is for that particular supply. And how far it may prejudice

The speeches in this debate are taken from Rushworth, and the Ephemeris Parliamentaria,' and corrected by the before-mentioned MSS.

us for a future precedent, to give other supply, let us be advised.'

Sir Peter Hayman. Vast propositions are delivered to us in shew, which I desire the gentleman that first brought them in may give an estimate of.' Mr. Pym. In no case is it fit to examine the Propositions, especially of the arrearages of the merchant ships, and for preparation for the foreign wars.'

Mr. Secretary Cooke, observing a distinction upon the Propositions, as if some of them were to be omitted, said, 'I know you will do it upon deliberation: some there are not possible to be omitted; as, the guarding of the seas; defence of the Elbe and Rochell; and these draw on all the rest. Ships must have men and munition, and we cannot divide any of these. This house is tender of the country, The king will not lay a burden that cannot be borne. We may supply his majesty without this. Give we now what we please, the king may delay making use of it, till the people are able to pay; and by this we shall not only make his maj. subsist, but advance his reputation in the world, by the unity of his people, more than by any treasure.'

Sir D. Diggs. To try and examine faithfully the Propositions. I refer it to the judg ment 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, I think, is to be given for the safe-guarding of the seas.'

Mr. Spencer. In no case enter into particulars. There hath formerly 5 subsidies been given for the repairing of the forts, and not one penny has been bestowed on them, but the money wasted in dishonour.'

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Sir John Elliot. Indeed there may be some necessity for a war offensive; but, looking on our late disasters, I tremble to think of sending more abroad. Let us consider those two great undertakings at Cadiz and Rhee; at Cadiz, that was so gloriously pretended, where our men arrived and found a conquest ready, namely, the Spanish ships, a satisfaction sufficient and fit for us; and this confessed by some then employed; and, never but granted by all, that it was feasible and easy: why came this to nothing? After that opportunity lost, when the whole army was landed, with destruction of some of our men; why was nothing done? If nothing was intended, why were they landed? And, why were they ship'd again? For Rhee's voyage, was not the whole action carried against the judgment of the best commanders? Was not the army landed? Not to mention the leaving of the wines; nor touch the wonder that Cæsar never knew, the enriching of the enemy by courtesies.. Consider what a case we now are in, if, on the like occasion, or with the like instruments, we shall again adventure another expedition. It was ever the wisdom of our ancestors here, to leave fureign wars wholely to the State, and not to meddle with them.'

Sir Edw. Coke. When poor England think it and believe it; there is a distance bestood alone, and had not the access of ano- twixt him and us; which, before we can have ther kingdom, and yet had more and as his heart, we must remove. Our disease is not potent enemies as now it hath, yet the king so great, but that it may be cured: it is the of England prevailed. In the parliament-roll, King's Evil, which must be cured with gold. 42. Edw. 3. the king and parliament gave Let us imitate Jacob, who wrestled with the God thanks for his victory against the kings of angel, and would not let him go: I would we Scotland and France; he had them both in could wrestle with the king in duty and love, Windsor Castle as prisoners. What was the and not let him go, in this parliament, till he reason of that conquest? 4 reasons were given. comply with us. We must take heed of tou 1. The king was assisted by good counsel. 2. much repetition, and over-beating of griev There were valiant men. 3. They were time- ances; it is dangerous, and may make a further ly supplied. 4. Good employment. In 3. R. separation: he that talks too much of gries2. The king was invironed with Flemings, ancies, makes the party that is the cause of it Scots, and French, and the king of England make an apology, and so justify it; and that prevailed. In 13. Rd. 2. the king was invironed is dangerous. Let us do as pocts in a tragedy, with Spaniards, Scots, and French, and the that sometimes have comical passages; and king of England prevailed. In 17. Rd. 2. so a generous mind will sink presently. Sure Wars were in Ireland and Scotland, and yet a due presentation of Grievances to such a the king of England prevailed, and thanks king, with moderation, will take place with were given to God here; and I hope I shall him. In all deliberations go the safest way: live to give God thanks for our king's victories. the old way, I have heard, is first to remove In 7 Henry 4 one or two great men about the Grievances: we must not tie and bind ourking so mewed him up, that he took no other selves by all that was done before. I have advice but from them; whereupon the chancel-gone over the Thames in former times, on foot, lor took this text and theme in his speech at when it was all an ice; but that is no argument the parliament, Multorum consilia requirun- to persuade me to do the like now because I tur in maguis, in bello qui maxime timent did so once.' sunt in maximis periculis. Let us give, and not be afraid of our enemies; let us supply bountifully, chearfully, and speedily, but enter not into particulars. Solomon's rule is, 'Qui repetit separat,' nay separat foederatos. We are united in duty, &c. to the king: the king hath fourscore thousand pounds a year for the navy, and to scour the narrow seas; it hath been taken, and we are now to give it, and shall we now give more to guard the seas? Besides, when that is taken of our gift, it may be diverted another way. It shall never be said we deny all Supply; I think myself bound, where there is commune periculum, there must be commune auxilium.'

Sir Thos. Wentworth. I cannot forget that duty which I owe to my country, and unless we be secured in our liberties, we cannot give. I speak not this to make diversions, but to the end, that giving, I may give chearfully. As for the Propositions to be considered of, I incline to decline them, and to look upon the state of our country, whether it be fit to give or no. Are we come to an end for our country's liberties? Have we trenched on the rates of the deputy-lieutenants? Are we sccured for time future?"

Sir Henry Martin. We all desire remedies for our grievances, and, without them, we shall neither be willing nor able to give; for my part, I heartily desire remedy; but which is the best and wisest way, that is the question: as we have made some progress in our Grievances, so let us now go on to Supply. There is a proverb, Non bis ad idem. Dash not the common wealth twice against one rock. We have grievances; we must be cased of them; who shall ease us; no nation hath a people more losing to the king than we only let the king

Mr. Kirton.

He desires to know the rock, to the end we may avoid it, and not to go back, but forward in our consultations.'

Sir Rob. 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 coun sels. 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.'

Serjeant Hoskins. That knowing our own rights, we shall be better enabled to give. Two legs go best together, our just Grierancies and our Supply, which I desire may not be separated; for, by presenting them toge ther, they shall be both taken or both refused.'

Debate on Confinement.] The commons still waving the debate of the Propositions for Supply, proceeded with the Grievances of Confinement; on which point,

Mr. Selden said, Confinement is different from imprisonment, and it is against the law that any should be confined, either to his house or elsewhere. I know of nothing that is call'd a punishment, but there is some ground of it, or mention thereof, either in acts of par liament, law-books, or records; but, for this of Confinement, I find none; indeed Jews have been confined, in former times, to certain places; as here in London, to the Old Jewry. The civilians have perpetual prisons, and coersive prisons, upon judgments in court. Carcer domesticus is a Confinement for madmen.'

Sir Tho. Hobby. I was employed in the year 1538 in that service: It was then thought fit

that Recusants should be confined in strong places; but it was not held legal; and when the Spanish navy was dispersed they were set at liberty, and the parliament petitioned the queen for a law to warrant the confinement." Debate on Designation to Foreign Employment.] April 3. The commons procceded to the debate concerning Designation to Foreign Employment, in which

ployment is a kind of honourable banishment. I myself was designed to go to Ireland. I was willing to go; and hoped, if I had gone, to have found some Mompessons there: there is difference when the party is the king's servant, and when not. In 46 Edw. 3. was the time when the law was in its height. Sir Rd. Pem bridge was a baron and the king's servant, and warden of the cinque-ports: he was commanded to go to Ireland, and to serve as deputy there; which he refused; he was not committed, but the king was highly offended; and having offices and fees and lands, pro servitii sui impenso, the king seized his lands and offices. I went to the parliament roll, 47 Edw. 3. where I found another precedent for foreign employment; They that have offices pro consilii, or servitii impenso, if they refuse, those lands and offices so given are seized; but no commitment.'

Sir Tho. Wentworth. If any one owes a

put into foreign employment, it will be a matter of high concernment to the subject: we know the honour and justice of the king, but we know not what his ministers or the mediation of ambassadors may do, to work their own malice and resentment upon any man.'

Sir Peter Hayman opened his own case thus: 'I have not forgot my employment into the Palatinate. I was call'd before the lords of the council, for what I knew not; but I heard it was for not lending on a privy-seal. I told them, if they will take my estate, let them; I would give it up, lend I would not. When I was before the lords of the council, they laid to my charge my unwillingness to serve the king. I said, I had my life and my estate to serve my country and my religion. They told me, that if I did not pay, I should be put upon an employment of service. I was willing. Af-man displeasure and shall procure him to be ter ten weeks waiting they told me I was to go with a lord into the Palatinate; and that I should have employment there, and means befitting. I told them I was a subject, and desired means. Some put on very eagerly, some dealt nobly. They said I must go on my own purse. I told them, Nemo militat suis expensis. Some told me I must go. I began to think, what, must I? None were ever sent out in that way. Lawyers told me I could not be so sent. Having this assurance I demanded means, and was resolved not to stir but upon those terms; and, in silence and duty, I denied. Upon this, having given me a command to go, after 12 days they told me they would not send me as a soldier, but to attend on an ambassador. I knew that stone would hit me, therefore I settled my troubled estate, and addressed myself to that service.'

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Mr. Hackwell. This is a great point, that much concerns the common-wealth, if the king cannot command a subject to his necessary service; and on the other side, it will be little less than an honourable banishment to the subject, if he may. Our books say, The king cannot compel any to go out of the realm; and, upon an action brought against him, he cannot plead in bar, that he is by command from the king in foreign service, but the king may give him his protection. 5 Edw. 3. N. 9. in the Parliament-Roll, there was an ordinance, whereby the king had power to send some to Ireland; it was ordained by the sages of the law, that soldiers, where need shall be, though they refuse to go, and excuse themselves; if their excuses be not reasonable, the king may do to them according to right and reason. If the king, by law, could do this of himself, and send them to Ireland, (his own dominion) he would never have taken power from his parliament; and if men do not according to that law, still there is no imprisonment pre

scribed.'

Sir John Elliot. If you grant this liberty, what are you the better for other privileges? What difference is there between imprisonment at home, and constrained employment abroad? It is no less than a temporal banishment, neither is it for his maj.'s service to constrain his subjects to employment abroad: honour and reward invite them rather to seek it; but, to be compelled, stands not with our liberty.'--These debates so engrossed the attention of, the commons, that the consideration of the Supply was deferred for two days.

A Message from the King in Vindication of the D. of Bucks.] April 3. Mr. Secretary Cooke brought the house this Message from the king:

"His majesty having understood that some rumours were spread abroad of a sharp Message, yesterday delivered by me, and of some malicious words, that the duke should speak yesterday at the council-board; he commanded me to tell you of the malice of those false reports; for that nothing fell from the duke or that board, but what was for the good of this assembly; he would have you to observe the malice of those spirits that thus put in these jealousies. Had the duke so spoken, he should have contradicted himself; for all of us of the council can tell that he was the first mover and persuader of this assembly of parliament to the king. Esteem of the king according to his actions, and not these tales: His majesty takes notice of our purpose that on Friday we will resolve upon Supply, which his majesty graciously accepts of; and that our free gift, without any condition, should testify to the world, that we will be as far from incroaching upon his prerogative, as he will be to incroach upon our liberties: and this

prison, or otherwise restrained, by command o the king, privy-council, or any other, no cause of such commitment, &c. being expressed; and the same be returned upon an Habeas Corpus granted for the said party, that then he ought to delivered or bailed. IV. That the ancient and undoubted Right of every Freeman, is, Tha he hath a full and absolute property in his good and estate; and that no tax, tallage, loan benevolence, or other like charge, ought to be commanded, or levied by the king or hi ministers, without common assent of parlia ment."-All these Resolutions of the com mittee were unanimously agreed to by the whole house.

shall well appear when we present our Griev- | ances to him; and then we shall know that he hath no intention to violate our liberties; only let us not present them with any asperity of words. He counts it his greatest glory to be a king of freemen, not of villains. He thought to have delivered this Message himself, but that he feared it would take us too much time."

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Then Mr. Secretary said he would add a word or two of his own: Yesterday after dinner we attended his maj, and he asked us what we had done. We said, we had entered into the consideration of Supply, and that the final resolution was deferred till Friday, and that this was done for just reasons, to join the business of his maj. and our country together; that this would further his maj. and give content to the country; and that this union here might be spread abroad in the world. His maj. answered, For God's sake, why should any hinder them of their liberties? If they did, I should think they dealt not faithfully with me,' You may thus see a true character of his maj.'s disposition; let us proceed with courage, and rest assured his maj. will give great ear unto us, and let us all join to make a perfect union to win the king's heart: we shall find a gracious Answer from the king, and a hearty co-operation from those that you think to be averse to us.'-Upon the delivery of this Message some stood up, and professed they never heard of any such sharp messages, or words the day before: or that any was so bold as to interpose himself. They acknowledged his maj. had put a threefold obligation on them: 1. In giving them satisfaction. 2. In giving them assurance (which is a great law) that he will protect and relieve them. 3. In giving them advice, as may befit the gravity of that assembly and his own honour. So they concluded to carry theinselves as their progenitors before liad done; who never were marked for stepping too far on the king's prerogative; and they returned their humble thanks to his majesty.

Report of the Conference with the Lords or the Liberty of the Subject.] Rushworth ha given us the substance of the speeches made by a committee, appointed to manage à Confe rence with the lords to induce them to join in a Petition to the King, for ascertaining the Rights and Liberties of the Subject; which was afterwards called the Petition of Right. The same is in the Lords Journals; entered there as a Report made by the lord-presiden and three other lords, to that house, of what passed at this Conference, which his lordship introduced in this manner:

"My Lords, The conference which was lately held with the lower-house, was about the Liberty of the Subject; and to set this fort they employed four speakers. The 1st was si Dudley Diggs, a man of volubility and elegance of speech; and his part was but the introduc tion. The 2nd was Mr. Littleton, a grave and learned lawyer; whose part was to represent the Resolutions of the house, and the Groundwhereupon they went. The 3rd was Mr. Selden, a great antiquary and a pregnant man his part was to shew the Law and Precedents in the points. The 4th was sir Edw. Coke, that famous reporter of the law, whose part was to shew the Reasons for all that the others had said; and that it all was but in affirmance of the common-law."-Now, to report the first Resolutions of the Commons relating to the man, sir Dudley; how his words will come oli Liberty of the Subject.] This day, Mr. Little- from my tongue, I cannot tell; I shall acquaint ton, one of the committee for taking into con- you with the matter of them as well as I can. sideration the Liberty of the Subject in person The knight hoped to begin the conference, ausand estate, which was set on foot by reason of piciously, with an observation out of Holy Writ the late commitments, made a report that they In the days of good king Josiah, when the land proceeded, in that business, with such gravity was purged of idolatry, and the great men went and leisure, as would add much to their honour about to repair the house of God; whilst moin the following Resolutions. "I. Resolved, ney was sought for, there was found a Book of That no Freeman ought to be committed, or the Law, which had been neglected. He was detained in Prison, or otherways restrained, confident, that we would, as chearfully, jom by command of the king or the privy-council, with them, in acknowledging God's Blessings or any other; unless some cause of the com- in our good king Josiah, as they did. He thankmitment, detainer, or restraint be expressed, for fully remembered your lordship's truly honourwhich, by law, he ought to be committed, detain-able invitation of them to the inte Petition, for ed, or restrained. II. That the Writ of Habeas Corpus cannot be denied, but ought to be granted to every man, that is committed or detained in prison, or otherwise restrained, by the command of the king, the privy-council, or any other; he praying the same. III. That

cleansing the land from Popish abominations : and, as then, so now, while they were seeking for money, they found, he could not say a book of our law, but main and fundamental points of the law neglected and broken; and this bocasigned their desire of a conference. Wherein,

That the laws of

The rest of this Report, being very long in the Lords Journals, because of the many lawcases, records, &c. cited, we shall give it as we find it, somewhat abridged in Rushworth.

England are grounded on reason, more ancient for in a legal way; by demanding Habeas Corthan books, consisting much in unwritten cus-pus from the judges, and a discharge by trial toms, yet so full of justice and true equity, that according to the law of the land, success bath your most honourable predecessors and ances- failed: this now enforceth the commons, to tors often defended them with a nolumus mu- examine, by acts of parliament, precedents and tari; and so ancient, that, from the Saxon reasons, the truth of the English Subject's Lidays, notwithstanding the injuries and ruins berty; which I shall leave to a learned genof time, they have continued in most part the tleman to argue." same; as may appear in old remaining monuments of the laws of Ethelbert, the first Christian king of Kent; Ina the king of the WestSaxons; Offa of the Mercians, and of Alfred the great monarch, who united the Saxon Hep- Mr. Littleton. "Your lordships have heard tarchy, whose laws are, as he says to that end, that the commons have taken into consi'Utpote qui sub uno rege, sub una lege rege- deration the matter of personal Liberty; and, rentur. And, though the Book of Litchfield, after long debate, they have, upon a fullspeaking of the troublesome times of the Danes, search, and clear understanding of all things says then, Jus sopitum erat in regno, leges & pertinent to the question, unanimously deconsuetudines sopitæ sunt; and, prava volun- clared, That no freeman ought to be comtas, vis & violentia magis regnabant quam judi- mitted, or restrained in prison by command of cium vel justitia. Yet, by the blessing of God, the king or privy-council, or any other, unless the good king Edward, commonly called the some cause of the commitment, detainer, or Confessor, did awaken those laws; and, as the restraint be expressed, for which by law he old words are, excitatas reparavit, reparatas ought to be committed, detained, or restrained: decoravit, decoratas confirmavit;' which con- and they have sent me, with others of their firtaavit shews, that good king Edward received members, to represent unto your lordships the those laws, and did not give them; which Wil- true grounds of their resolution; and have liam the Conqueror, and all his successors, since charged me particularly, leaving the reasons of that time, have sworn unto. As we have now, law and precedents for others, to give your so even in those Saxon times they had their lordships satisfaction, that this Liberty is esta court-barons, and court-leets, and sheriffs-blished and confirmed by the whole state, the courts; by which, as Tacitus says of the Germans, their ancestors, Jura reddebant per pagus & vicos; and I do believe, as we have now, they had their parliaments; where new laws were made, cum consensu prælatorum, magnatum, & totius communitatis; or as another writes, cum consilio prælatorum, nobilium & sapientium laicorum.' I will add nothing out of Glanville, that wrote in the time of Hen, 2. or Bracton in the days of Hen. 3. only give me leave to cite that of Fortescue, the learned chancellor to Hen. 6. who writing of this kingdom, says, 'Regnum istud moribus nationum & regum temporibus, eisdem, quibus nunc regitur, legibus & consuetudinibus, regebatur.' But, my good lords, as the poet said of Fame, I may say of our common law; Ingrediturque solo, et caput inter nubila condit.' Wherefore, the cloudy part being mine, I will make haste to open way for your lordships, to hear more certain arguments. Be pleased then to know, that it is an undoubted and fundamental point of this so antient common law of England, That the subject hath a true property in his goods and possessions, which doth preserve as sacred, that meum & tuum, that is the nurse of industry and mother of courage; and without which, there can be no justice, of which, meum & tuum is the proper object. But the undoubted birthright of free subjects bath, lately, not a little been invaded and prejudiced by pressures; the more grievous, because they have been pursued by imprisonment, contrary to the franchises of this land: and when, according to the laws and statutes of this realm, redress hath been sought

king, the lords spiritual and temporal, and commons, by several acts of parliament; the authority whereof is so great, that it can receive no answer, save by interpretation or repeal by future statutes. And these I shall mind you of, are so direct in the point, that they can bear no other exposition at all; and sure I ain, they are still in force: the first of them is the Grand Charter of the Liberties of England, first granted Anno 16 John, and renewed in 9th Hen. S. and since confirmed in parliament above 30 times; the words there are, chap. 29. Nullus liber homo capiatur, vel imprisonetur, aut disseisietur de libero tenemento suo, vel liberis consuetudinibus suis; aut utlagatur, aut exuletur, aut aliquo modo destruatur; nec super cum ibinus, nec eum mittemus, nisi per legale judicium parium suorum, vel per legem terræ."-He then proceeded to open, and argued learnedly upon, the several particulars in the last recited clause of Magna Charta; and further shewed, "That no invasion was made upon this personal liberty, till the time of Edw. 3. which was soon resented by the subject; for, in 5. Edw. 3. ch. 9. it is enacted, That no man from henceforth shall be attached on any occasion, nor fore-judged of life or limb, nor his lands, tenements, goods, nor chattles, seized into the king's hands, against the form of the Great Charter, and the law of the land. And in 25 Edw. 3. ch. 4. it is more full, and expounds the words of the Grand Charter, which is thus ; Whereas it is contained in the Grand Charter of the Franchises of England, that none shall be imprisoned, nor put out of his freehold, nor free-custom, unless it