crimen læsæ majestatis; yet neither the jailer, nor any other that procured his escape, can, by law, suffer any corporal punishment for setting him at large; which, if admitted, might prove, in consequence, a matter of great danger to the common-wealth.-4. My next reason is drawn à regis honore, from that great honour the law doth attribute unto sovereign majesty; and therefore the rule of law is, that solum rex

facere; and therefore if a subject hath the nomination and the king the presentation to a church, whereunto the king presents without the subject's nomination; here the quare impedit lies against the incumbent tantum, and the king is in law no disturber. And Hussey chief justice in 1. Hen. 7. fol. 4. saith, Tha sir John Markham told king Edward. 4 he could not arrest a man either for treason or felo

himself makes it clear, where he saith Is not the body more worth than raiment?' where the canonists say, that raiment comprehended 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, e converso, frank-land shall not free the person. Now, that the king hath no abso-hoc uon potest facere, quod non potest injuste lute power over our lands or goods, I will only at this time put a case or two; for without proof of the premisses, my conclusion would not follow. 1st. for Land: The king cannot by his letters patent, 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 prejudice to the lord of his escheat. The king, by his prerogative, shall pay no toll for things bought in fairs and markets; but any, as a subject might : because that if the king did custom for paying toll to go over the soil wrong, the party could not have his action agains and freeholds of another shall bind the king; him. What is the reason that an action of false for this toucheth the inheritance of the subject, imprisonment lies against the sheriff, if he doth and therefore the king shall not have so much not return the king's writ, by which he hat as a way over his lands without payment; and, taken the body of the subject, but this; be if not a way, then certainly not the land itself. cause the writ doth breviter enarrare causain Next, for Goods: If a man hath a jewel in captionis; which, if it doth not, it shall abate gage for 107. &c. and is attainted for treason, the and is void in law; and being returned, the king shall not have this jewel, if he pays not party, when he appears, may know what to the 10. So, if cattle be distrained and the answer, and the court what to judge. And i owner of them afterwards be attainted; yet the the king's writ, under his great seal, cannot king shall not have them until the party be imprison the subject, unless it contains the satisfied for that for which they were distrained. cause, shall then the king's warrant otherwise And if in these cases, where the owners of goods do it without containing the cause; that so his are such capital offenders, the king cannot have judges upon return thereof, may likewise judge them; much less shall he have their when the of the same, either to remand, bail, or deliver owner is innocent and no offender. Nay, I may the party imprisoned?—I should argue the well say, that almost every leaf and page of all point more closely upon the statute of Magna the volumes of our common law prove this Charta, c. 29. quod nullus liber homo impri right of property: .this distinction of meum and sonetur: the statute of Westminster 1. c. 15. tuum, as well between king and subject as for letting persons to bail; and the judgment one subject and another: and therefore my lately given in the king's bench: but the latter conclusion follows, That if the prerogative ex- of these statutes having been by that hon. tend neither to land nor to goods; then, à for- gent. (to whom the professors of the law, tiori, not to the person; which is of more both in this and all succeeding ages, are, and worth than either lands or goods, as I said will be much bound) already expounded unto before. And yet I agree that, by the very law us; and that also fortified by those many coof nature, the service of the person of the sub- temporary expositions and judgments by him ject is due to the sovereign; but this must be learnedly cited; and there being many learned in such things which are not against the law of lawyers here, whose time I will not waste, who nature but to have the body imprisoned, were present, and some of them perhaps of without any cause declared, and so to become counsel in the late cause adjudged in the king's in bondage, I am sure is contrary unto and bench; where you, sir,t to whose person against the law of nature, and therefore not to now speak, do well know I was absent, being be enforced by the sovereign upon his sub-then of counsel in a cause in another court; jects.-3. My next reason is drawn ab inutili and my practice being in the country, far re& incommodo. For the statute, de frangentibus mote from the treasures of antiquity and rePrisonam, made 1. Ed. 2. is, quod nullus, qui cords, conducing to the clearing of this point; Prisonam fregerit, subeat judiciam vitæ vel therefore the narrowness of my understanding membrorum pro fractione prisonæ tantum; nisi commends unto me sober ignorance, rather causa, pro qua captus et imprisonatus fuerit, than presumptuous knowledge; and so, comtale judicium requirat. Whence this conclusion mands me no further to trouble your patience. is clearly gathered, That if a man be committed-But I will conclude with that which I find to prison, without declaring for what cause; reported by sir John Davis, who was the king's and then, if either the malefactor do break the prison, or the jailer suffer him to escape,

Sir Edward Coke.

Edw. Littleton

about joining with them in a Petition to the king, for putting the laws in execution against Recusants; at which, Mr. Secretary Cook, who was appointed to manage this conference, spoke to this effect:

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 maj. recorded in both houses, confirmed under the great seal of England, and published in all our ordinary courts of justice. But these things we propound not as our Resolutions, or as matters to raise debate or dispute, but commend them only as our advice 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.'

The Petition of both Houses concerning enforcing the Laws against Recusants, with the King's Answers.] These Additions, which were but few, were approved of by the lords, and inserted in the Petition, on the 29th of March. Two days after it was presented to the king by both houses; and, at the delivery thereof, the Lord-Keeper made the following speech

"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 rev. fathers of the church, and to you, noble lords; in that you have shined before us, as worthy lights in the encouragement and maintenance of God's true religion, being the true support of all your dignities and honours. And this forwardness of yours is the more remarkable, when that viperous generation, as you: lordships justly stiled them, do, at ease, with tooth and nail, essay to rent the bowels of their mother. For, give me leave to tell you what I know, that these now both vaunt at home, and write to their friends abroad, that they are now in peace; that they hope all will be well, and doubt not to prevail, and win ground upon us. And a little to awake the care and zeal 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-general, archdeacons, rural-deans, apparitors, and such like. Neither are these nominal or titular officers alone; but they all execute their jurisdictions, 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 at Rome, and hold correspondence with the nuncios 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, and vestments, with all necessary provisions to travel or stay at home; nay, even at this time, they intend to hold a concurrent assembly with this parliament. But now, since his sacred maj. hath extended his royal arm, and since the lords of his council have by their authority caused these nests of wasps to be digged out of the earth, and their convoca- "My lords and gentlemen, I do very well tions to be scattered; and since your lordships approve the method of your proceedings in this join in courage and resolution, at least to re- parliament, a Jove Principium; hoping that duce this people to their lawful restraint, that the rest of your consultations will succeed the they may do no more hurt; we conceive great happier. And I like the preamble of my lordhope and comfort, that the Almighty God will, keeper; otherwise I should have a little suspectfrom henceforth, prosper our endeavours both ed, that you had thought me not so careful of at home and abroad. But now, my lords, to religion as I have been, and ever shall be, come to the chief errand of this our meeting; wherein I am as forward as you can desire. which is to make known to you the approbation And for the Petition, I answer first in general, of our house of that Petition to his maj. where- That I like it well, and will use these as well in you were pleased to desire our concurrence. as other means, for the maintenance and The house hath taken it into serious considera-propagation of that religion, wherein I have tion, and from the beginning to the end approves lived, and do resolve to die, But for the

"Most gracious sovereign, The lords spiritual and temporal, and commons, in this present parliament assembled, out of the due care of the glory of Almighty God, and of the honour and safety of your maj. do, with all humbleness, and with one unanimous consent, present to your royal hands, the most loyal desires of all their hearts; which is set down in a most dutiful Petition, which is; to quicken the laws against the perturbers of the peace of the state: we cannot, nor do not forget your maj.'s most gracious acts and answers on the like Petition; they are visible to the world, to your maj.' honour and comfort: we bend our knces and hearts, blessing God and your maj, therefore yet let it not seem ncedless, that we repair again to your maj.: the husbandman knows, that weeds are not destroyed at one weeding these are growing evils, they are weeds of a spreading nature: and, we, that come from all parts, do think it our duty to tell your maj. that God's vineyard is not yet cleansed. And God himself requires, that we pray to him often, even for what he means and promiseth to bestow But my message comes from the pen of both houses; and, therefore, I humbly beecch your maj. to lend a gracious ear to hear me read the Petition."-After the reading thereof, his majesty made this short speech.

on us.

ad of many

n

ve conceive, the agreeable to te be put in exer in granted by confirmed udz d published d Aice. Bet de 5 our Results

e or dispe

dvice and des to join with now it ;

; reason to l

hereafter. And now will I only add this, | end, his maj. will give strict order to all his
That as we pray to God to help us, so we must ministers, for the discovering and apprehending
help ourselves: for we can have no assurance of them, and so leave them, being apprehended
of his assistance, if we do lie in bed, and only to the trial of the law. And, in case, after trial,
pray, without using other means. And, there- there shall be cause to respite execution of any
fore, I must remember you, that if we do not of them, yet they shall be committed, according
make provision speedily, we shall not be able to the example of the best times, to the castle of
to put one ship to sea this year. Verbum Wisbech, and there be safely kept from exercis-
sapienti sat est.'
ing their functions, or spreading their super-
stitious and dangerous doctrine; and the re-
ceivers and abettors shall be left to the
law."

Afterwards the lord-keeper signified unto
the house, That his maj. had now given his
Answer unto the Petition exhibited by both
houses against Recusants: and had command-
ed him to read the same Answer in this house;
and Mr. Secretary to read it in the commons.
Whereupon the clerk read the first Article of
Litions, wire the said Petition; and the lord-keeper read his
maj.'s Answer unto the same, and to each
Article thereof. The which Petition, with the
Answers, follow, in hæc verba.

ises concernin rosants, with

the lords, an
he 29th of M

nted to the
e delivery then
following spe

The lords
is, in this pr
of the due an
and of the

"Most gracious sovereign; We your maj.'s most loyal and obedient subjects, the lords spiritual and temporal, and commons, in parliament assembled, having to our singular comfort, obtained your maj.'s pious and gracious assent for a Public Fast, to appease the wrath ith all hum of Almighty God kindled against us; and to prevent those grievous judgments which do apparently press upon us, do in all humility, present unto your sacred maj. all possible thanks for the same. And, because the

consent, prese loval desires e

doan in a

o quicken the

Pour ma

II. "That your maj. would be pleased to command a surer and straiter watch, to be kept in and over your maj.'s ports and havens; and to commit the care and charge of searching of ships, for the 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 approv ed fidelity and religion: and such as shall be convicted to have connived or combined at the bringing in the one, or conveying of the other out, that the laws may pass upon them with speedy execution."

Answer. "To the 2nd Article, his maj. granteth all that is desired therein; and, to this end, will give order to the lord-treasurer, lord admiral, and lord warden of the cinque ports, that, in their several places, they be

peace of the public and visible sins of the kingdom are the careful to see this article fully executed; giving

the hise Pe ld, to your and our knee

pur maj, theat

, that we
usbandman br
d at one we
her are week:
that come in
✓ to tell for
et cleansed

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:"

Article I. "We most humbly and ardently
beg, at the hands of your most sacred maj.
your maj. will be pleased to give conti-

That

e pray to hanual life and motion to all those laws, that

promiseth te bre ones from th fore, I ha

racious ear wi

stand in force against Jesuits, Seminary Priests,
and all that have taken orders by authority of
the see of Rome, by exacting a more due and
serious execution of the same: amongst which

strict charge to all such as have place and authority under them, to use all diligence therein. And his maj. 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 of any such as are here mentioned. And his maj. will take it for good service, if any will give knowledge of any 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."

III. "That considering those dreadful dangers, never to be forgotten, which did involve your maj.'s sacred person, and the whole representative body of your maj.'s kingdom, plotted and framed by the free and common

After the number, those, that have highly abused your access of Popish Recusants to the city of

en,

Lis short speec
I do re
proceedings
pium; hoping
as will succes
reamble of ar
ave a little s
1e not so ce
and ever sh

is you can de
wer first in ge
I use these s
Inaintenance

in, wherein Is

die, But fr

majesty's clemency, by returning into the
kingdom after their banishment, contrary to
highness's express proclamation, we hum-
bly desire, may be left to the severity of your
laws, without admitting of any mediation or
intercession for them. And that such of your
maj's unsound and ill affected subjects, as do
receive, harbour, or conceal any of that
viperous generation, may, without delay, suffer
such penalties and punishments, as the laws
justly impose upon them."

His Majesty's Answer.]"To the first point,
bis maj, answereth, That he will, according to
your desire, give both life and motion to the
laws that stand in force against Jesuits, Semi-
nary Priests, and all that have taken orders by

D

London; and to your maj.'s court; your maj. 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 London, as, also, those laws that confine them to the distance of 5 miles from their dwelling-houses; and that such, by past licences not warranted by law, as have been granted unto them, for their repair to London, may be discharged and annulled."

Answer. "To the 3rd; his maj. will take order to restrain the resort of Recusants to the court; and, also, for the other points in this Article, his maj. is well pleased, that the laws be duly executed; and that all unlawful

IV. "That whereas it is more than pro- | persons, as, according to direction of former bably conceived, that infinite sums of money acts of state, are justly to be suspected: as the have, within these 2 or 3 years last past, place and authority of lords-lieutenants, debeen extracted out of the Recusants, within puty-lieutenants, justices of the peace, or cap. the kingdom, by colour of composition; and a tains, or other officers or ministers mentioned small proportion of the same returned unto your in the statute, made in the 3rd year of the maj.'s coffers, not only to the sudden enriching reign of your father of blessed memory: and of private persons, but to the emboldening of that such, as by connivance, have crept into Romish Recusants, to entertain massing priests such places, may, by your maj.'s command, be into their private houses; and to exercise all discharged of the same." their mimique rites of their gross superstition without fear or controul, amounting, as, by their daily practice and ostentation, we may conceive, to the nature of a concealed toleration; your maj. would be graciously pleased to take this particular, more nearly, into your princely wisdom and consideration; and to dissolve this mystery of iniquity, patched up of colourable leases, contracts, and preconveyances; being but masks, on the one part, of fraud to deceive your maj.; and stales, on the other part, for private men to accomplish their corrupt ends."

Answer. "To the 4th Article; his maj. is most willing to punish, for the time past, and prevent, for the future, any of 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 revenues, judges, or learned council, of any thing that may reveal this mystery of iniquity. And his maj. doth strictly command every of them, to whoin such information shall be brought, that they suffer not the same to die, but do their uttermost endeavour to effect a clear discovery, and bring the offenders to punishment. And to the intent no concealed toleration may be effected, his maj. leaves the laws to their course."

V." That as the persons of ambassadors from foreign princes, and their houses, be free for the exercises of their own religion, so their houses may not be made free chapels and sanctuaries unto your maj.'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 maj.'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 speedily proceeded against, ut qui palam in luce peccaverunt, in luce puniantur."

Answer. "To the 6th; his maj. is persuad ed, that this article is already observed with good care; nevertheless, for the avoiding, as much as may be, all errors and escapes in that kind, his maj. will give charge to the lordkeeper, that, at 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 of the peace, that due reformation may be made thereof; and will likewise give order to the lord-admiral, and such others, to whom it shall appertain, to make diligent enquiry; and certify to his maj. if any such there be in place of authority and command, in his ships or service."

VII. "That all your maj.'s judges, justices, and ministers of justice, unto whose care and trust, execution, which is the life of your maj's laws, is committed, may, by your maj.'s preclamation, not only be commanded to put into speedy execution those laws which stand in force against Jesuits, Seminary Priests, and Popish Recusants; but that your maj. would be further pleased to command the said judges and justices of assize, to give a true and strict account of their proceedings at their returns out of their circuits unto the lord keeper; by him to be presented unto your majesty.

Answer. "To the 7th, his majesty doth fully grant it."

VIII. "And for a fair and clear eradication of all popery for the future; and for the breeding and nursing up of a holy generation, and a peculiar people, sanctified unto the true worship of Almighty God; that, until a provisional law can 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 you in fastness of love, religion, and loyal obedience, than all pecuniary mulcts and penalties that can possibly be devised: your maj. would be pleased to take into your own princely care and consideration, these our humble Pettions, proceeding from hearts and affections, loyally and religiously devoted to God and your majesty's service, and to the safety of your maj.'s sacred person; which we most zeaVI. "That no place of authority and com-lously present to your princely wisdom, craving mand, within any of the counties of this your your maj.'s chearful and gracious approbation maj.'s kingdom, or any ships of your maj.'s, thereof.". or, which shall be employed in your maj.'s service, be committed to Popish Recusants, or to Non-Communicants, that have been so by the space of a year past; or to any such

Answer. "To the 5th; his maj. is well pleased to prohibit and restrain their coming and resort to the houses of ambassadors; and will command a vigilant watch to be set, for their taking and punishing, as is desired."

Answer. To the 8th, his maj. doth wea approve it, as a matter of necessary consideration; and the parliament now sitting, he recommendeth to both houses the preparation of