shall the king, as he calls us his great council, find us his true council, and own us his good council. Which God grant !"* Mr. Godwin. It hath pleased his maj. in his last speech, to intimate unto us the cause of our meeting; which is to grant Supply against the great and common dangers that threaten the ruin of this kingdom; and as the time of our sitting cannot be long, he therefore wisheth us to avoid all 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 supply the king; yet so as to 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.* and length thereof: and chiefly, the strange, vast, and unlimited power of our lieutenants and their deputies; in billetting of soldiers, in making rates, in granting warrants for taxes as their discretions shall guide them: and all this against the law. These last are the most in supportable burdens that, at this present, afflict our poor country; and the most cruel oppression that ever yet the kingdom of England endured. These upstart deputy-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 proceedings, and for the qualifying of whose unruly power, it is more than time to consult and determine. Judg. ments of law against our liberty there have been 3; each latter stepping forwarder than the former, upon the Right of the Subject; aiming in the end to tread and trample under Sir Benj. Rudyard. "It is the goodness of foot our law, and that even in the form of law. God, and the favour of the king, that hath The 1st was the judgment of the Postnati brought us again to this place, and if we be (the Scots); whereby a nation (which I hear- thankful to both, as our duty to both requires, our tily love for their singular good zeal in our reli-meeting certainly will be crowned with a blesgion, and their free spirits to preserve our liberties far beyond many of us) is made capable of any the like favours, privileges, and immunities as ourselves enjoy; and this especially argued, in the Exchequer-chamber, by all the Judges of England. The 2d, was, the Judgment upon 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 3rd was, that fatal late Judgment against the Liberty of the Subject imprisoned by the king, argued and pronounced but by one judge alone.--I can live, although another who has no right 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 pent up in a gaol, without remedy by law, and to be so adjudged: 0 improvident ancestors! O 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 benc-placito, remediless! If this be law, why do we talk of liberties? Why do we trouble ourselves with a dispute about law, franchises, property of goods, and the like? What may any man call his own, if not the Liberty of his Person? I am weary of treading these ways; and therefore conclude to have a select committee deputed, to frame a Petition to his maj. for redress of these things; which being 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 sing. Thisis the crisis of parliaments; by this we shall know whether parliaments will live or die; besides, the eyes of Christendom are upon us; the king and the kingdom will be valued, and disvalued, both by enemies and friends, according to the success of this parliament. The council here in this house will have an expectation upon all the councils of Christendom; our lives, our fortunes, and our religion depend upon the dissolution of this assembly, wherefore we had need to be wise. His maj. hath already begun in affection, proclaiming, through the whole kingdom, that he relies wholely upon our loves; which, if we do not answer in our actions, we are worse than unworthy of his. The cause why we are called hither is, to save ourselves; and self-preservation is a thing so natural, as sure no man needs to be persuaded to it. We are not now upon the bene esse of the kingdom, we are upon the very esse of it; whether we shall be a kingdom or no; when we have made it sure that England is ours, then may we have time to prune and to dress it. Is it a small matter think you, that we have actually invaded the territories of two of the most powerful kings of Christendom, provoking them only, without weakening them at all? Nay, that they are both united and become better friends, than ever they meant to have been? Seems it a small thing unto you, that we have beaten ourselves, more than our enemies could have done? And shall we still continue to do so by our divisions, by our distractions? Men and brethren, what shall we do? Is there no balm in Gilead? Is there no remedy here? Then is it no where to be found, but in ruin? If we persevere, the king to draw one way, the parliament another, the com mon-wealth must sink in the midst : but I hope *From the Ephemeris Parliamentaria' and MSS., better things of so grave, so wise an assembly. I shall look upon the king or his people, it di I am no man's advocate, for I ever held it a never more behove this great physician, th thing beneath the dignity, against the integrity parliament, to effect a true consent among of this house, to respect any particular, but as he the parties than now. This debate carri concerns the general; neither am I so wise or so with it a double aspect; towards the sovereign presumptuous, as to condemn whatsoever hath and towards the subject; though both be inno been determined by a major part, in this place. cent, yet both are injured; both to be cured Yet, sir, give me leave to say this, that one parlia- In the representation of injuries I shall crav ment may instruct another, as one day telleth your attention; in the cure, I shall beseec another. Out of which consideration, I hum- your equal cares and better judgments. In th bly beseech this house, to be curiously wary greatest humility I speak it, these illegal way and careful to avoid all manner of contestation, are Punishments and marks of indignation personal or real. The hearts of kings are the raising of money by Loans, strengthene great, as are their fortunes; then are they fit- by commission, with unheard of instructions ted to yield, when they are yielded unto. It the billeting of Soldiers by the lieutenants is comely and mannerly, that princes, in all have been as if they could have persuade fair appearance, should have the better of Christian princes, nay worlds, that the righ their subjects. Let us give the king a way to of empire was to take away goods by stron come off like himself; for I do verily believe, hand; and they have endeavoured, as far a that he doth, with longing, expect the occa- was possible for them, to do it. This hath no sion. Notwithstanding, it is not only lawful been done by the king, (under the pleasin for us, but it is our duty, both to advertise and shade of whose crown, I hope we shall eve advise the king, concerning the weighty affairs gather the fruits of justice) but by projectors of the kingdom, else are we so far from being these have extended the prerogative of the a great council, as we are no council at all. king beyond its just limits, which marrs the But the way to shew that we are the wise coun- sweet harmony of the whole. They have rent sellors that we should be, is, to take a right from us the light of our eyes; enforced compa course to attain the end of our counsels, which nies of guests worse than the ordinances of in my opinion, may, by this means, be compas- France, vitiated our wives and daughters besed: by trusting the king, thereby to breed a fore our faces, brought the crown to greater trust in him towards us; for, without mutual want than ever it was, by anticipating the reconfidence, a good success is not to be expect venue: and can the shepherd be thus smitten, ed; by giving a large and ample Supply, pro- and the flock not be scattered? They have inportionable to the greatness and importance troduced a privy council, ravishing, at once, of the work in hand; for counsel without money the spheres of all antient government; impriis but a speculation: by prostrating our griev-soning us without bail or bond. They have ances and advices, modestly and humbly at his majesty's feet; for from thence are they likeliest to find a way to his majesty's heart: by making it appear, that whatsoever we shall emit or abate, proceeds merely out of a dutiful and awful respect to the king only; for the body of a parliament acknowledgeth but one head: and, to say all at once, let our whole labours and endeavours be, to get the king on our side, for then shall we obtain whatsoever we can reasonably expect or desire. And this may be no hard matter to effect, considering the nearness of relation, between the king and his subjects, is such, as neither can have existence without the other. As concerning the bill brought in by that hon. and reverend person, (Sir Edw. Coke) it is, no doubt, necessary for the preservation of the Liberty of the Subject; for this I speak resolutely, he, that is not safe in his person and his goods, dwells not at home.'* Sir Tho. Wentworth. 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 whether we From Sir John Napier's MS. In the Ephemeris Parliamentaria, Rushworth, and a MS. account of the Proceedings of this parliament in the Harleian Library, there are only a few broken hints of this speech. taken from us, what shall I say? Indeed what out by parliament; and no billeting of soldiers. t is most necessary that these be resolved, hat the subjects may be secured in both. Then, or the manner, it will be fit to determine it y a grand committee.'* Sir Edw. Coke. "Dum tempus habemus, onum operemur. I am absolutely for giving upply to his maj. yet with some caution. To ell you of foreign dangers and inbred evils, I will not do it; the state is inclining to a conumption, yet not incurable; I fear not foreign nemies; God send us peace at home: for this isease, I will propound remedies; I will seek nothing out of my own head, but from my Heart; and out of acts of parliament. I am ot able to fly at all Grievances, but only at Loans. Let us not flatter ourselves. Who will ive Subsidies, if the king may impose what he vill? And if, after parliament, the king may enhance what he pleaseth; I know the king will not do it. I know he is a religious king, ree from personal vices; but he deals with other men's hands and sees with other men's eyes. Will any give a subsidy, if they are to be taxed after parliament at pleasure? The ing cannot lawfully tax any by way of Loans. I differ from them, who would have this of Loan go amongst Grievances; for I would have t go alone.—I'll begin with a noble record: it hears me to think of it, 26 Edw. 3. It is worthy to be written in letters of gold: Loans against the will of the subject, are against reaon, and the franchises of the land, and they lesire restitution.' [Vol. 1. p. 117.] What a vord is that franchise? The lord may tax his illain high or low, but it is against the franchies of the land, for freemen to be taxed, but by their consent in parliament. Franchise is French word, and in Latin it is Libertas. In Magna Charta it is provided, that Nullus liber Jomo capiatur vel imprisonetur, aut disseisetur le libero tenemento suo, &c. nisi per legale udicium parium suorum, vel per legem terræ: This Charter hath been confirmed by sundry good kings, above thirty times.'* Sir John Cooke, (secretary of state.) I had ather you would hear any man than me. I will not answer what hath been already spoken. My intent is not to stir, but to quict; not to provoke, but to appease: my desire is, that every one resort to his own heart to re-unite the king and the state, and to take away the scandal from us. Every one speaks from the abundance of his heart: I do conclude, out of every one's conclusion, both to give to the king, and to redress Grievances; all the difference is about the manner. We are all inhabitants in one house, the common-wealth. Let every one amend his own house, for somewhat is amiss in every one; but if all the house be on fire, will ye then think of mending what is amiss? Will ye not rather quench the fire? * From a MS. in the Harleian Library: but there is an abstract of it in Rushworth. + This and the following are from Rushworth, 50%, corrected by the MSS. The danger all apprehend; the way that is propounded, I seek not to decline. Illegal courses have been taken, it must be confessed; the redress must be by laws and punishment: but, withal, add the law of necessity: necessity hath no law, you must enable the state to do, what you do, by petition, require. It is wished that we begin with Grievances: I deny not that we prepare them, but shall we offer them first? Will not this seem a condition with his inaj.? do we not deal with a wise king, jealous of his honour? all the Subsidies we can give cannot advantage his maj. so much, as that his subjects do chearfully agree to supply him: this will amaze the enemy more than ten subsidies: begin therefore, with the king, and not with ourselves.' But neither this day, nor the next, produced any resolutions; the time being spent in a general oponing of Grievances from all parts of the kingdom. DEBATES ON THE SUPPLY.] We are obliged to Rushworth for the following Debates ou the Supply, &c. which were opened by Mr. Secretary Cooke, on the 24th March, to this effect. Mr. Secretary Cooke. We all think fit, that both Supplies and Grievances go hand in hand together; but let me put you in mind of that which concerns the king: let him have the precedency of honour, if not of time: let the heads of the king's Supply first be propounded; this will be an honour to the king, and will do service to the house; the end of this parliament is the subsistence of the king, as he himself hath declared; and such a command is not now to be slighted: the king himself propounded it, and then he will agree with us in other requests that are fit for a king to give: we, that have the happiness to attend his maj. can tell you, that no king is more ready to hear the complaints of his subjects; and, withal, you know no king is more sensible of all reproaches which touch his honour. Will it not be fit to grant him this honour, to have the precedency? It was the speech of an antient parliament man, Let us deal gently with our king: by these laws that we make, we do bind ourselves, and it is an addition to his power: none dics, but he leaves his heir to the favour of the king: we having made our first union with God, it is next intended, that we be at one with our king: is it not fit we be at peace with our head? his maj. desires it, and expects it. After this unity with our head, there is consideration to be had of unity with ourscives: after this, we shall be all knit in one body, we shall all pronounce clearly Shiboleth; and we shall consider of the grievances and irre gularities of the times, which none desires to be reformed more than his maj, and those whom you think most averse: let us take the best way for reformation: and will not this be an happy union if the whole body concur to reduce all into regularity? If laws be our birthrights, we shall hereby recover them and their splendor: this will have a good.aspect abroad, ment. 5. Martial Law. 6. Undue Proceed ings in Matter of Judicature.-The first matter debated, was the subject's Liberty in his Person: the particular instance was, in the case of sir John Heveningham, and those other gentlemen, who were imprisoned about Loanmoney; and thereupon having brought their Habeas Corpus, had their case argued, and were nevertheless remanded to prison; and judgment, as it was then said, was entered.Hereupon Mr. Creskeld, (of Lincoln's-inn,) spake to this purpose:" I stand up to speak some what concerning the point of the Subject's Grievance, by Imprisonment of their Persons without any declaration of the cause; contrary to, and in derogation of, the fundamental laws and liberties of this kingdom. I think I am one of the puisnes of our profession, that are members of this house; but howsoever, sure am, that, in respect of my own inabilities, am the puisne of the whole house: therefore according to the usual course of students in ou profession, I may, as the puisne, speak first in time, because I can speak least in matter. I pursuance of which course I shall rather put the case, than argue it; and therefore I shall hum bly desire, first of all, of this hon. house in ge neral, that the goodness of the cause may re ceive no prejudice by the weakness of my ar and will give courage to our men that have been despised; it will prevent practices to continue divisions amongst us, both at home and abroad.—The first sower of seeds of distractions amongst us, was an agent of Spain, Gondomar, that did his master great service here and at home. Since that we have had other ministers that have blown the fire: the ambassador of France told his master at home, what he had wrought here the last parliament, namely, divisions between king and people; and he was rewarded for it. Whilst we sate here in parliament, there was another intended Parliament of Jesuits in Clerkenwell, and other well-willers, within a mile of this place: that this is true, was discovered by letters sent to Rome; the place of their meeting is changed, and some of them are there where they ought to be if you look in your kalendar, there is a day of St. Joseph; it was called in the letter the oriental day, and that was the day intended for their meeting. I speak this, to see God's hand to work our union by their division; | they are not more rent from us, than they are from themselves. I desire the meanest judgment to consider what may follow by giving precedency to his maj.; and, by so doing, we shall put from ourselves many imputations. If we give any occasion of breach, it is a great disadvantage; if otherwise, it is an obligation to the king, which his maj, will not forget.'-gument; and next, of my masters here of the Then he made a motion, That the same committee may hear Propositions of general Heads of Supply, and afterward go to other businesses of the day for Grievances. Others preferred the consideration of Grievances, as a particular root that invades the main Liberty of the Subject. It is the law, said they, that glorious fundamental right, whereby we have power to give; we desire but that his maj. may see us have that right therein, which, next to God, we all desire; and then, we doubt not, but we shall give his maj. all the Supply we can. : March 25. Mr. Secretary Cooke tendered the house certain Propositions from the king touching Supply; and told them, That his maj. finding time precious, expects that they should begin speedily, lest they spend that time in deliberation, which should be spent in action that he esteems the Grievances of the house his own, and stands not on precedence in point of honour: therefore to satisfy his maj. let the same committee take his maj.'s Propositions into consideration, and let both concur, whether to sit on the one in the forenoon, or the other in the afternoon; it is all one to his majesty. Hereupon the house went into a committee; and commanded Edw. Littleton, esq. into the chair; and ordered the committee to take into consideration the Liberty of the Subject, in his person and in his goods; and also to take into consideration his maj.'s Supply. In this debate, the Grievances were reduced to 6 heads, as to our Persons. 1. Attendance at the Council-board. 2 Imprisonment. 3. Coufinement. 4. Designation to Foreign Employ same profession in particular, that they, by their learned judgments, will supply the grea defects I shall discover by declaring of my un learned opinion. Before I speak of the ques tion, give me leave, as an entrance thereunto to speak first of the occasion. Ye all know that justice is the life and the heart's blood o the commonwealth; and if the commonwealth bleed in that master-vein, all the balm in Gi lead is but in vain to preserve this our body o policy from ruin and destruction. Justice i both columna & corona reipublicæ; she i both the column and the pillar; the crown and the glory of the commonwealth. This is made good in Scripture by the Judgment o Solomon, the wisest king that ever reigned or earth. For 1st, she is the pillar; for h saith, That by justice the throne is esta blished: 2dly, she is the crown; for he saith that by justice a nation shall be exalted. Our laws, which are the rules of justice, are the ne plus ultra to both the king and the subject; and, as they are Hercules's pillars, so are they the pillars of Hercules to every prince which he must not pass. Give me leave to resemble justice to Nebuchadnezzar's tree; fo she is so great, that she doth shade not only the palace of the king, and the house of nobles but doth also shelter the cottage of the poores beggar. Wherefore, if either now the blasts of indignation, or the unresistable violator of laws, necessity, hath so bruised any of the branches of this tree, that either our persons or goods, or possessions, have not the same * From sir John Napier's MSS shelter as before; yet, let us not therefore That their bodies should be attached. And neglect the root of this great tree; but rather, afterwards by the statute 23 Edw. 3. because with all our possible means, endeavours, and men made no conscience to pay their debts, it unfeigned duties, both apply fresh and fertile was enacted, That their bodies should likewise mould unto it, and also water it even with our be attached: but, before these statutes, no man's own tears; that so these bruised branches may body was subject to be taken, or imprisoned, be recovered, and the whole tree again prosper otherwise than as aforesaid; whereby it is evident and flourish. For this I have learned from an how much the common law favoured the liberty antient father of the church, that though preces of the subject, and protected his body from imregum sunt armatæ, yet arma subditorum are prisonment.--I will enforce this reason further but only preces & lachrymæ. I know well by a rule in law, and some cases in law upon that that cor regis inscrutabile, and that kings, al- rule. The rule is this, That Corporalis injuria though they are but men before God, yet they non recipit estimationem de futuro:' so that if the are gods before men. And therefore to my question be for a wrong done to the person, the gracious and dread sovereign, (whose virtues law will not compel him to sustain it, and afterare true qualities ingenerate, both in his judg-wards expect a remedy; for the law holds no ment and nature) let my arm be cut off; nay, damages a sufficient recompence for a wrong let my soul not live that day, that I shall dare which is corporal. The cases in law to prove to lift up my arm to touch that forbidden fruit; this rule shall be these. If one menace ine in those flowers of his princely crown and diadem. my goods, or that he will burn the evidences But yet in our Eden, in this garden of the of my lands, which he hath in his custody, commonwealth, as there are the flowers of the unless I make unto him a bond: there I cansun, which are so glorious that they are to be not avoid the bond by pleading of this menace, handled only by royal maj.; so are there also But if he restrains my person, or threatens me some daisies and wholsome herbs, which every with battery, or with burning my house, which common hand, that lives and labours in this is a protection for my person, or with burning garden, may pick and gather up, and take an instrument of manumission, which is an comfort and repast in them. Amongst all evidence of my enfranchisement; upon these which this oculus diei, this bona libertas of menaces, durance, or dares, I can avoid the which I am now to speak, is not one only, but bond by plea. So if a trespasser drives my the chief. Thus much, in all humbleness, I beast over another man's ground, and I pursue presume to speak for the occasion. I will now to rescue it; there I am a trespasser to him on descend to the question: wherein I hold, whose ground I am: but if a man assault my (with all dutiful submission to better judg-person, and I, for my safety, fly over into ments) 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. 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 the bodies and persons of the subjects of this kingdom. I shall not need to take the question in pieces, nor handle it in the parts dividedly, but as one entire body; because I hold no other difference between imprisonment and confinement than only this, that the one hath a less and straiter, 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 maintenance of my first reason; I find our law doth so much favour the liberty of the subject's 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 cominon law, being the preserver of the peace of the land, so abhorreth force, that those that commit it, she accounts her capital enemies; and therefore did subject their bodics to imprisonment. But by the statute of Marlborough, which was made 52 Hen, 3. because bailiffs would not render accounts to their lords, it was enacted, VOL. II. ༔ another man's ground, there I am no trespasser to him; for Jure evenit, ut quod quis, ob tutelam sui corporis, fecerit, id jure 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 property, either in lands or goods, as freemen have: and therefore, by the laws, 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 companion for him in a writ of right; any of those acts, and many others 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 disallows this plea by attorney; but he must do it propria persona, because it binds his posterity and blood to be villains also. And thus much in the general for my first reason.— 2. My next reason is drawn by an argument a minori ad majus: I frame it thus. If the king has 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 worthy than either our lands or goods, which is proved by what I have already said; and Christ R |