The Answer of the commons, and the king's Reply to it, are both preserved by Rushworth, in this form:

they will prove the authors of rebellion. 5. That | let you know, that I will not allow any of my the season for providing healthful victuals will servants to be questioned amongst you, much be past, if this month be neglected. And there-less such as are of eminent place, and near unfore his maj. commandeth me to tell you, that to me. The old question was, What shall be he desired to know, without further delay of done to the man whom the king will honour? time, what Supply you will give him for these But now it hath been the labour of some, to his present occasions, that he may accordingly seek what may be done against him whom the frame his course and counsel." king thinks fit to honour. I see you specially aim at the duke of Buckingham: I wonder what hath so altered your affections towards him. I do well remember, that in the last parliament in my father's time, when he was the instrument to break the Treaties, all of you (and yet I cannot say all, for I know some of you are changed, but yet the house of commons is always the same) did so much honour and respect him, that all the honour conferred on him was too little; and what he hath done since to alter and change your minds, I wot not; but can assure you, he hath not meddled, or done any thing concerning the public or common wealth, but by special directions and appointment, and as my servant; and is so far from gaining or improving his estate thereby, that I verily think he hath rather impaired the same. I wish you would hasten my Supply, or else it will be worse for yourselves; for, if any ill happen, I think I shall be the last that shall feel it."

Answer of the Commons.] "Most gracious Sovereign; Your majesty's dutiful and loyal subjects, the commons now assembled in parliament, in all humility, present unto your royal wisdom this their loyal Answer to the Message which your majesty was pleased, by the chancellor of your exchequer, to send unto them, desiring to know, without any further deferring of time, what Supply they would give to your maj. for your present and extraordinary occasions, that you might accordingly frame your courses and counsels. First of all, they most humbly beseech your maj. to know and rest assured, That no king was ever dearer to his people than your maj. no people more zealous to maintain and advance the honour and greatness of their king than they; which, as upon all occasions they shall be ready to express, so especially in the support of that cause, 'wherein your maj. and your allies are now justly engaged. And because they cannot doubt, but your maj. in your great wisdom, even out of justice, and according to the example of your most famous predecessors, will be pleased graciously to accept the faithful and necessary information and advice of your parliament, which can have no end but the service of your maj. and safety of your realm, in discovering the causes, and proposing the remedies of these great evils, which have occasioned your maj.'s wants and your people's grief: They therefore, in confidence and full assurance of redress therein, do, with one consent, propose (tho, in former time, such course hath been unused) that they really intend to assist and supply your maj. in such a way, and in so ample a measure, as may make you safe at home, and feared abroad; for the dispatch whereof they will use such diligence, as your maj.'s pressing and present occasions shall require."

Mr. Coke's Reflections on the Duke of Buckingham.] But the spirit raised against the miking could do; and no Supply was to be exnister could not be suppressed by any thing the pected till the duke was given up to public vengeance. The commons followed the chace very warmly against him; and, in some of their against the court; particularly Mr. Clement debates, very severe expressions were used Coke (son of sir Edward Coke,) said, "that it was better to die by an enemy, than to suffer at home." And another member, Dr. Turner, a physician, proposed to the house the following public fame. Queries, against the duke, grounded upon

Dr. Turner's Queries against the D. of Buckingham.] 1. "Whether the duke, being admiral, be not the cause of the loss of the king's royalty in the narrow seas? 2. Whe ther the unreasonable, exorbitant, and immense gifts of money and lands, on the duke and The King's Reply.] His maj. made this Re-his relations, be not the cause of impairing the ply to the Answer of the commons:-" Mr. king's revenue, and impoverishing the crown?" Speaker, The Answer of the Commons deli- 3. Whether the multiplicity of offices confer vered by you, I like well of, and do take it red upon the duke, and others depending upon for a full and satisfactory Answer, and I thank him, whereof they were not capable, be not them for it; and I hope you will, with all ex- the cause of the evil government of this kingpedition, take a course for performance thereof, dom? 4. Whether Recusants, in general, by the which will turn to your own good, as well a kind of connivency, be not borne out and inas mine: but for your clause therein, of present-creased, by reason the duke's mother and faing of Grievances, I take that but for a parenthesis in your speech, and not a condition; and yet for answer to that part, I will tell you, I will be as willing to hear your Grievances, as my predecessors have been, so that you will apply yourselves to redress grievances, and not to enquire after grievances. I must

VOL. II.

ther-in law were known papists? 5. Whether the sale of offices, honours, and places of judicature, with ecclesiastical livings and promotions, a scandal and hurt to the kingdom, be not thro' the duke? 6. Whether the duke's staying at home, being admiral and general in chief of the sea and land army, was not

E

the cause of the bad success and overthrow of | Suffolk, in the time of Hen. 6. who was accuthe late action; and whether he gave good direction for the conduct of that design ?" When Mr. Coke spoke those words, or when these Queries were delivered to the house, we are not told; but the Journals inform us, that, the 14th of March, the chancellor of the exchequer delivered a Message from the king to the house, both concerning the words spoken by Mr. Coke, and the six Articles proposed by Dr. Turner against the duke; yet they say no farther, than that Mr. Coke stood up to clear himself from any ill intention, tending to sedition, in the words; but Rushworth is fuller, and gives us the substance of the king's Message to the house, as well as Dr. Turner's Excuse and Letter thereupon. The Message was in these words:

sed upon fame." See vol. 1. p. 387. “And, lastly, he said, Mr. chancellor himself did present the common undertakers upon particular fare; and why he should not have as ample privilege in this place, he knew no reason to the contrary."

"That his Maj. had taken notice of a seditious speech uttered in the house by Mr. Clement Coke: the words are said to be to this effect, "That it were better to die by an enemy, than to suffer at home:" Yet his Maj. in his wisdom, hath forborn to take any course therein, or to send to the house about it, not doubting but the house would, in due time, correct such an insolence: But his maj. hath found, that his patience hath wrought to an ill effect, and hath emboldened one since to do a strange act, in a strange way, and unusual: That is Dr. Turner; who, on Saturday last, without any ground of knowledge in himself, er proof tendered to the house, made an enquiry of sundry Articles against the duke of Buckingham, as he pretended; but indeed against the honour and government of the king and his late father. This, his maj. saith, is such an example, that he can by no means suffer, though it were to make enquiry of the meanest of his servants, much less against one so near unto himself; and doth wonder at the foolish impudency of any man that can think he should be drawn, out of any end, to offer such a sacrifice, much unworthy the greatness of a king, and master of such a servant; and therefore his maj. can no longer use his wonted patience, but desireth the justice of the house against the delinquents; not doubting but such course will be taken, that he shall not be constrained to use his legal authority to right himself against these two persons."

Upon this Message, Dr. Turner made a short explanation of himself, desiring to know wherewith he was charged. "What he said, he said, the house can witness; and what he said, he spake for the general good of the commonwealth, and not upon the least reflection of any in particular. This he thought a parliamentary way, warranted by antient precedents. To accuse upon Common Fame, he finds warranted, first, by the imperial Roman laws, and the canons of the church, which allowed common fame sufficient to accuse any man. And they that are learned amongst them give two reasons: first for greatness, next for cunning. Our ancestors, within these walls, have done the like, and that to a duke, the duke of

Dr. Turner's Excuse.] The commons appointed another day for the debate of this business, and in the mean time, the following letter from Dr. Turner was received by the Speaker.

"Sir; These lines first petition you to signify That to the hon. house of commons, desires my are still the same to have made my personal appearance before you, but my ability and strength to perform it are not the same; and therefore that I humbly desire them to excuse me on that part, and to accept of this my answer unto the matter that I shall speak to. I do confess, that, on Saturday last, in the afternoon, I did deliver in certain accusations of common fame, into the house of parliament, against my lord admiral, and that out of so many, all bearing the signature of vox populi, I chose out some few, not because they were greater, or more known grievances, but because they did seem to direct us to find out the griever, or the first cause: For I did think it was then full time to agree the agent and the actions; and that it was time also to leave considering grievances in arbitration. I do now also agree unto you, that which has been reported to you by Mr. Wandesford; and by that, if you shall think fit, will put myself unto your censure; hoping, and assuring myself, that you will find my design to include nothing else within it, but duty and public service to my country; and also, that my addressing those accusations to the house of parliament, shall, by you, be found to be done by a mannerly and parliamentary way. But, howsoever, it becomes me to submit my cause to your wisdoms and equal judgments, which I do heartily; and whatsoever you shall please to appoint me, I shall dutifully satisfy. When God shall be pleased to restore me able to attend your service, I doubt not but to give you an honest account of all my actions hercin. And, if I shall first go to my grave, I desire, if you find me clear, the reputation of an honest man, and an Englishman, may attend me thereunto, Thus I rest, Your dutiful and humble servant,

SAMUEL TURNER."

Debate on Dr. Turner's Queries.] Notwithstanding the order for another hearing of this matter, there is no further mention made concerning it in the Journals, till April 22. when the house came to debate on the basis of Dr. Turner's Queries, "Whether common fame was a sufficient ground for accusation?"

Mr. Mallet began, and said, "That the question, Whether common Fame was a Ground sufficient for the Commons House of Parliament to proceed upon,' required great consideration. That he was against it, though, he, confessed, he had seen few original prece

dents in the case. But the point, Whether an accusation upon common faine be to be entertained there, and from thence transmitted to the lords, he was against, for these reasons: 1. Because it would disadvantage the party accused; considering that he must answer the fame as well as the accusation. 2. Whosoever is accused here, and cleared, is, by the justice of this house, to have remedy against the accuser; which, by this course, he will want. In the 7th of Rd. 2. an accusation of Bribery was made against the chancellor, by Cavendish: the complaint being found false, he was adjudged to pay a fine of 3000 marks to be imprisoned, &c. In the 17th. Rd. 2. a complaint was made by the earl of Arundel | against the duke of Lancaster. He was acquitted, and the duke ordered, in parliament, to have satisfaction from Arundel. That if this had been an use in parliament, it would, from thence, have been derived to other courts: whereas no temporal court hath ever used it, except in cases capital, as in that of M. de la Pole. So, in the case of Recusants, he thought it might be lawful; because the Recusant, though indicted, yet, conforming and taking the oaths, is freed from all penalties of the law. But this was not the case in question." If this was calculated to prevent a mischief, it might be tolerated; but, on the contrary, here, where it tends to judgment. This, he said, was not like the enquiry of a grand jury; yet no grand jury, except in the case of Recusants, proceedeth upon common fame, without other proof. He likened the resemblance of it to a double judgment on account; where the first judgment must be grounded on a verdict of confession. Doubted this precedent might be dangerous to inferior temporal courts, by way of imitation. That petitions to this house for a grievance are in writing, the petitioners present, and their hands unto it. Lastly, he said, he remembered the case of the bishop of Lincoln, 12. Jac. which, upon special reason, as concerning the honour of this house, and for which they could have no other ground of proof, was yet rejected, because it had no other ground." See vol. i. p. 1160.

Mr. Wyld, who quoted Bracton, said, "That all suspicions, grounded upon fame, were to be regarded. That some presumptions admit proof to the contrary, others not: but that this fame must arise amongst the better sort. All our law-books concur in this point, That an act must first be done, and the fame rise in the county where it was done. This is a good ground for arresting upon any felony; as murder, robbery, &c. and quoted several acts of parl. to prove it."

one man; for that it was the voice of many That common fame was a good ground of imprisonment for treason or felony, by the 27th Eliz. but the person cannot then be said to be either a felon or a traitor. That, in other states, ancient and modern, men had been not only accused, but condeinned, by common fame. He quoted precedents; of the duke of Suffolk's case, 28th Hen. 6. the duke of Somerset's, 29th Hen. 6. and the bishop of Lincoln's case, in the 12th of James. Concluded, That a man, accused by common fame, is to answer only to the accusation, and not the fame."

Mr. Browne argued, "That accusation was to be allowed, but not calumniation; calumniation is, in an unfit place, to lay an aspersion. That common fame was called, by civilians, semiplena probatio: arising out of apparent signs. If a private man accuse, and it be found false, he is liable to punishment; because he had nothing to do in it: but, where a member of this house does it, libere licet accusatio, if the place be proper for it: otherwise, not; therefore, an accusation in this house proper. That there was no subject, how great soever, but what is questionable here, if he be grievous to the common-wealth: So, in all former precedents; and this the only place in which to question great men."

Sir Tho. Wentworth said, "That if they could not present to the lords upon common fame, yet they might enquire and accuse, in that house, upon it. That this was the only safeguard for accusation of great men; whereas, in all others, no man dare accuse them for fear or danger. Men of evil fame were not bailable; but to be bound to good behaviour by act of parl. If common fame was sufficient for treason and felony, it was much more so in lesser offences. And scandalum magnatuin lieth not, where a man can bring forth but one author."

Mr. Selden argued, "That the question was now only, Whether this house may proceed to transmit to the lords upon common fame; And surely they might, else no great man shall be accused, by any particular, for fear of danger: The faults of the Gods were not to be told, till the goddess Fame was born. "De eo male creditur," is put into indictments for murder. That this course of accusation was held in all the courts in Christendom. That these cases were to be ruled by the law of parliaments, and not either by the common or civil law. In the case of the duke of Suffolk, 28th Henry 6. there was a general rumour and noise of great offences done against the state. The commons, taking notice thereof, acquainted the lords Mr. Littleton said, "That this was not a might be committed to the Tower; which the with that general rumour, praying them he house of definitive judgment, but of information, lords, upon consultation with the judges, re denunciation, or presentment, for which com-fused; because the charge was only general: mon fame was sufficient. That there was a great difference between common fame and rumour: The general voice was common fame; vox populi, vox Dei. By the 14th Edw. 2. common fame was more than the saying of

thereupon the commons instanced, in one par ticular, That the French king was ready to invade the kingdom through his default; whereupon he was presently committed. In the duke of Somerset's case, 29th Hen. 6. the like

clamour upon common fame, and the parties | be granted to the king; and, March 27, sir complained of were removed from their offices." D. Digges made the report from it. The Mr. Rolle said, "The commons may present same day it was resolved upon the question, a lord of the higher house to the lords; for he "That 3 Subsidies and 3 Fifteens should be is not compellable to answer in this: And, if granted to his maj. in this session, payable at we cannot present upon common fame, he three separate times; the bill to be brought in, can never be drawn to answer. If the offence when they had presented their grievances, and tend to felony or treason, the commons may received his answer to them." pray to have him committed, iu respect to the quality of the fact; but it is otherwise in smaller offences. In the 5th Hen. 4. a complaint was made against the king's confessor, and some others: Hereupon the lords ordered they should be removed from about the king. And the king, in parliament, though he knew no cause particularly, yet, because the lords and commons had thought them unfitting, he there commanded them to come no more near him; and that if there was any others, against whom the lords and commons had indignation, he would remove them also" See vol I. p. 291. Mr. Sherland argued, "That, in a case where there was probabilis causa litigandi, no damages were ever awarded. That common fame was

allowed to be semiplena probatio. That the life and soul of the common-wealth was of greater respect than felony. He said, there was as well a real treason as a legal treason; the first tantamount to the other: therefore common fame was a sufficient ground in this case, as well as for felony.'

Mr. Noy said, "That men bound by recognizance were sometimes imprisoned on common fame. That this house could but enquire, they had no other jurisdiction: for they were no church wardens nor grand jury. And it was wrong, he said, that the fault should go unpunished, because no man durst accuse. The grounds for an enquiry were two; 1st. common fame; 2nd. whether that fame be true. That they ought not to transmit without the first be common; but without the particular enquiry they might: For it might happen they could not get witnesses; supposing the witnesses to be of the house of lords."

The King commands the Attendance of both Houses.] March 28. The King sent a Message to both houses to require their attendance on him, at Whitehall, the next day, at nine o'clock; and, in the mean time, all proceedings in the house and in committees were to cease. Accordingly the lords and commons went thi ther, to whom his majesty made the ensuing speech:

The King's Speech.] "My lords and gendemen; I have called you hither to-day, I mean both houses of parliament; but it is for several and distinct reasons. My lords, you of care of the state of the kingdom now; and not the upper house, to give you thanks for the only for the care of your own proccedings, but inciting your fellow-house of the commons to take that into their consideration: therefore, my lords, I must not only give you thanks, but I inust also avow, That if this parliament do not redound to the good of this kingdom, (which I pray God it may) it is not your faults And you, gentlemen of the house of commons, I am sorry that I may not justly give the same thanks to you; but that I must tell you, that I am come here to shew you your errors; and, as I may call it, unparliamentary proceedings in this parliament: but I do not despair, because you shall see your faults so clearly by the lord keeper, that you may so amend your proceeding, that this parliament shall end comfortably and happily, though at the beginning it hath had some rubs.",

The Lord Keeper's Speech.] Then the Lord Keeper, by the king's command, spoke next: viz.

It is easy to see, by the course of this debate, "My lords, and you knights, citizens, and that the duke had few advocates in the house burgesses of the house of commons; You are of commons. We do not even find that the here assembled by his majesty's command, to state-officers in that house said any thing in receive a declaration of his royal pleasure; his favour; only we are told, that Mr. which, although it be intended only to the chancellor of the dutchy being asked his house of commons, yet his maj. hath thought opinion, gave it against this proceeding by meet, the matter being of great weight and imcommon fame. The question was put, " Whe-portance, it should be delivered in the presence ther common fame was a good ground of proceeding, either to enquire of it there, or transmit the complaint, if the house think fit, to the king or the lords;" and carried in the affirmative by a great majority.

of both houses, and both houses make one general council. And his maj. is willing that the lords should be witnesses of the honour and justice of his resolutions. And therefore the errand which, by his maj.'s direction, I must deliver, hath relation to the house of commons.

This obstacle being removed, the commons proceeded with vigour against the duke. Se-I must address myself therefore to you, Mr. veral committees, appointed for particular enquiries into his conduct, brought in their reports, and many votes and resolutions were taken upon them; which we shall postpone till we come to the general charge against him. But, amongst the rest of the committees, there was one appointed to consider of a Supply to

Speaker, and the rest of that house.-And, first, his maj. would have you to understand, That there never was any king more loving to his people, or better affectioned to the right use of parliaments, than his maj. bath approved himself to be; not only by his long patience since the sitting down of this parliament, but

maj. hath cause to be exceeding sensible, that, upon every particular, he finds the honour of his father stained and blemished, and his own no less; and, withall, you have manifested a great forwardness rather to pluck out of his bosom those who are near about him, and whom his maj. hath cause to affect, than to trust his maj. with the future reformation of these things which you seem to aim at: and yet you cannot deny, but his majesty hath wrought a greater reformation in matters of Religion, Execution of the Laws, and concerning things of great importance, than the shortness of his reign (in which he hath been hindered, partly through sickness, and the distraction of things, which we could have wished had been otherwise) could produce.Concerning the duke of Buckingham, his maj. hath commanded me to tell you, That himself doth better know than any man living the sincerity of the duke's proceedings; with what cautions of weight and discretion he hath been guided in his public employments from his maj. and his blessed father; what enemies he hath procured at home and abroad; what peril of his person, and hazard of his estate he ran into for the service of his maj. and his ever blessed father; aud how forward he hath been in the service of this house many times since his return from Spain: and therefore his maj. cannot believe that the aim is at the duke of Buckingham; but findeth, that these proceedings do directly wound the honour and judg ment of himself, and of his father.. It is therefore his maj.'s express and final commandment, that you yield obedience unto those di

by those mild and calm directions, which, from time to time, that house hath received by message and letter, and from his royal mouth, when the irregular humours of some particular persons wrought diversions and distractions there, to the disturbance of those great and weighty affairs, which the necessity of the times, the honour and safety of the king and kingdom, called upon: and therefore his maj. doth assure you, that when these great affairs are settled, and that his maj. hath received satisfaction of his reasonable demands, he will, as a just king, bear and answer your just grievances, which, in a dutiful way, shall be presented unto him; and this his maj. doth avow. Next, his maj. would have you to know of a surety, That, as never any king was more loving to his people, nor better affectioned to the right use of parliaments; so never king was more jealous of his honour, nor more sensible of the neglect and contempt of his royal rights, which his maj. will by no means suffer to be violated by any pretended colour of parliamentary liberty; wherein his maj. doth not forget that the parliament is his council, and therefore ought to have the liberty of a council; but his maj. understands the difference betwixt council and controlling, and between liberty and the abuse of liberty.-This being set down in general, his maj. hath commanded me to relate some particular passages and proceedings, whereat he finds himself aggrieved. 1st. Whereas a seditious Speech was uttered amongst you by Mr. Coke, the house did not, as they ought to do, censure and correct him. And when his maj. understanding it, did, by a message, by Mr. Chancellor of the Exche-rections which you have formerly received, and quer delivered to the house, require justice of you; his maj. hath since found nothing but protracting and delays. This his maj. holds not agreeable to the wisdom and the duty which he expected from the house of commons.-2ndly, Whereas Dr. Turner, in a strange unparliamentary way, without any any ground of knowledge in himself, or offering any particular proof to the house, did take upon him to advise the house to enquire upou sundry Articles against the duke of Buckingham, as he pretended; but, in truth, to wound the honour and government of his maj. and of his renowned father: and his maj. first, by a message, and, after, by his own royal mouth, did declare, That that course of enquiry was an example, which by no way he could suffer, though it were against his meanest servant, much less against one so near him; and that his maj. did much wonder at the foolish insolency of any man that can think, that his maj. should be drawn, out of any end, to offer such a sacrifice, so unworthy of a king, or a good master; yet, for all this, you have been so far from correcting the insolency of Turner, that, ever since that time, your committees have walked in the steps of Turner, and proceeded in an unparliamentary inquisition; running upon generals, and repeating that whereof you have made fame the ground-work. Here his

cease this unparliamentary inquisition; and commit unto his maj.'s care, and wisdom, and justice, the future reformation of these things, which you suppose to be otherwise than they should be. And his maj. is resolved, that, before the end of this session, he will set such a course, both for the amending of any thing that may be found amiss, and for the settling of his own estate, as he doubteth not but wild give you ample satisfaction and comfort.Next to this, his maj. takes notice, That you have suffered the greatest Council of State to be censured and traduced in the house, by men whose years and education cannot attain to that depth: That foreign businesses have been entertained in the house, to the hinderance and disadvantage of his maj.'s negociations: That the same year, yea, the first day of his maj.'s inauguration, you suffered his council, government, and servants to be paralleled with the times of most exception: That your committees have presumed to examine the letters of secretaries of state, nay, his own; and sent a general warrant to his signet-office, and commanded his officers, not only to produce and shew the records, but their books and private notes, which they made for his maj.'s service. This his maj. holds as unsufferable, as it was in former times unusual.--Next I am to speak concerning your Supply of