a punished in a future parliament, because that cannot take notice of matters done in a foregoing parliament.-As to what was said, "That an inferior court cannot meddle with matters done in a superior;' true it is, that an inferior court cannot meddle with judgments of a superior court; but if particular members of a superior court offend, they are oft-times punishable in an inferior court: as if a judge shall commit a capital offence in this court, he may be arraigned thereof at Newgate. 3 Ed. 3. 19. and 1 Mar. which have been cited, over-rule this case: Therefore, &c.' . tice. 2. The parliament is no constant court; | every parliament mostly consists of several men, and, by consequence, they cannot take notice of matters done in the foregoing parliament; and there they do not examine by oath, unless it be in chancery, as it is used of late time. 3. The parliament cannot send process to make the offenders to appear at the next parliament; and being at large, if they hear a poise of a parliament, they will fugam facere, and so prevent their punishment. 4. Put the case that one of the defendants be made baron of parliament, then he cannot be punished in the house of commons; and so Mr. Justice Whitlocke. I say in this case, he shall go unpunished.—It hath been objected, 1, Nihil dictum quod non dictum prius. 2. That the parliament is a superior court to this, That all the Judges of England have resolved therefore this court cannot examine their pro- this very point. 3. That now we are but upon ceedings. To this I say, That this court of the brink and skirts of the cause; for it is not the King's-bench is a higher court than the now in question, if these be offences or no; justices of oyer and terminer, or the justices of or if true or false; but only if this court have assize: but if an offence be done where the jurisdiction.-It hath been objected, That King's-bench is, after it is removed, this offence the offence is not capital, therefore it is not may be examined by the justices of oyer and examinable in this court.' But though it be terminer, or by the justices of assize. We not capital, yet it is criminal; for it is sowing cannot question the judgments of the parlia- of sedition to the destruction of the commonments, but their particular offences.-A second wealth.-The question now is not between us, Objection is, That it is a privilege of parlia- that are judges of this court, and the parliament, whereof we are not competent judges.' ment, or between the king and the parliament; To this I say, That privilegium est privata but between some private members of the Jex, & privat legem.' And this ought to be by house of commons and the king himself: for grant or prescription, in parliament; and then it here the king himself questions them for those ought to be pleaded for the manner, as is in 33 offences; as well he may. In every commonHen. 8. as it is not here pleaded. Also, we are wealth there is one super-eminent power, judges of all acts of parliament; as 4 Hen. 7. which is not subject to be questioned by any Ordinance made by the king and commons is other; and that is the king in this commonnot good, and we are judges what shall be said a wealth; who, as Bracton saith, Solum Deum session of parliament, as it is in Plowden, in habet ultorem:' but no other within the realm Partridge's Case. We are judges of their lives hath this privilege. It is true, that which is and lands, therefore of their liberties. And, 8 done in parliament, by consent of all the Eliz. it was the opinion of Dyer, Catlyn, Welsh, house, shall not be questioned elsewhere; but Brown, and Southcot, justices, That offences if any private members, exeunt personas judicommitted in parliament may be punished cum, & induunt malefacientium personas, & Out of parliament.' And 3 Ed. 5. 19. it is sunt seditiosi; is there such sanctimony in the good law. And it is usual, near the end of place, that they may not be questioned for it parliaments, to set down some petty punish-elsewhere?The bishop of Ross, as the case. ment upon offenders in parliament, to prevent hath been put, being ambassador here, practised other courts. And I have seen a roll in this matters against the state: and it was resolved, court, in 6 Hen. 6. where judgment was given That although Legatus sit rex in alieno solo, in a writ of annuity in Ireland; and afterward yet when he goes out of the bounds of his office, the said judgment was reversed in parliament and complots with traitors in this kingdom in Ireland; upon which judgment, writ of that he shall be punished as an offender here, brought in this court, and re- A minister hath a great privilege when he is in the pulpit; but yet if, in the pulpit, he utter speeches which are scandalous to the state, he is punishable. So in this case, when a burgess of parliament becomes mutinous, he shall noť have the privilege of parliament. In my opinion, the realm cannot consist without parlia ments, but the behaviour of parliament-men ought to be parliamentary. No outrageous speeches were ever used against a great minister of state in parliament, which have not been punished. If a judge of this court utter scandalous speeches against the state, be may be ques tioned for them before commissioners of Over and Terminer; because this is no judicial act of the court. But it hath been objected: That error was versed.' which were Chief Justice Hide argued to the same effect: 'No new matter hath been offered to us, now, by them that argue for the defendants; but the same reasons and authorities, in substance, objected before all the justices of England, and barons of the Exchequer, at Serjeant's-Inn in Fleet-Street; upon an information, in the Star-chamber, for the same natter. At which time, after great deliberation, it was resolved by all of them, That an offence cominitted in parliament, that being ended, may be punished out of parliament: and no court more apt for that purpose than court, in which we are: for it cannot be this 6 judgment was pronounced by Mr. Justice Jones, to this effect: "The matter of the Information now, by the confession of the defendants, is admitted to be true; and we think their plea to the jurisdiction insufficient for the matter and manner of it. And we hereby will not draw the true liberties of parliament-men into question; to wit, for such matters which they do or speak in a parliamentary manner: but, in this case, there was a conspiracy between the defendants to slander the state, and to raise sedition and discord between the king, his peers, and peo we cannot examine acts done by a higher power. To this I put this case: when a peer of the realm is arraigned of treason, we are not his judges, but the high-steward; and he shall be tried by his peers: but if error be committed in this proceeding, that shall be reversed by error in this court: For that which we do is coram ipso rege. -It hath been objected, That the parliamentlaw differs from the law by which we judge, in this court, in sundry cases. And for the instance which hath been made, That, by the statute, none ought to be chosen burgess of a town in which he doth not inhabit, but that the usage of parliament is contrary: Yet if in-ple; and this was not a parliamentary course, formation be brought upon the said statute All the judges of England, except one, have against such a burgess, I think the statute is a resolved the statute of 4 Hen. 8. to be a prigood warrant for us to give judgment against vate act, and to extend to Stroud only. But, him. And it hath been objected, That there though every member of the parliament shall is no precedent in this matter. But there are have such privileges as are there mentioned, sundry precedents, by which it appears, that yet they have no privilege to speak at their the parliament hath transmitted matters to pleasure. The parliament is an high court, this court; as 2 Rich. 2. there being a question therefore it ought not to be disorderly, but between a great peer and a bishop, it was trans- ought to give good example to other courts. mitted to this court, being for matter of be- If a judge of our court shall rail at the state haviour: and although the judges of this court or clergy, he is punishable for it. A member are but inferiour men, yet the court is high- of the parliament may charge any great officer er; for it appears, by the 11 Eliz. (Dyer) That of the state with any particular offence; but the earl Marshal of England is an officer of this was a malevolous accusation, in the genethis court; and it is always admitted in parlia- rality, against all the officers of state; there ment, That the privileges of parliament hold fore the matter contained within the informanot in 3 cases, 1. In case of Treason; 2. In tion is a great offence, and punishable in this case of Felony; and, 3. In suit for the peace. court. For the Punishment, although the of And the last is our very case. Therefore, &c," fence be great, yet that shall be with a light Mr. Justice Crooke argued to the same in-hand, and shall be in this manner: 1. That tent, he said, "These offences ought to be pu- every of the defendants shall be imprisoned nished in this court or no where; and all man- during the king's pleasure: sir John Elliot to ner of offences, which are against the crown, be imprisoned in the Tower of London, and are examinable in this court. It hath been the other defendants in other prisons. 2. objected, That by this means, none will adven- That none of them shall be delivered out of ture to make his complaints in parliament. prison, until he give security in this court for That is not so; for he may complain in a par- his good behaviour, and have made submission liamentary course, but not falsely and unlaw-and acknowledgment of his offence. 3. Sir fully, as here is pretended; for that which is unlawful cannot be a parliamentary course.--It hath been objected, That the parliament is a higher court than this. And it is true: but every member of parliament is not a court; and if he commit offence, he is punishable here. Our court is a court of high jurisdiction, though it cannot take cognizance of real pleas; but if a real plea comes by error in this court, it shall never be transmitted, But this court may award a Grand Capias, and other process usual in real actions: but of all capital and criminal causes we are originally competent judges; and, by consequence, of this matter. The King's Proclamation against false RuBut I am not of the opinion of Mr. Attorneymours, &c.] Soon after this parliament was dis General, That the word Proditore would have made this treason." And for the other matters, Mr, Justice Crooke agreed with the other judges. Therefore by the court, the defendants were ruled to plead further; and Mr. Lenthal, of Lincoln's-Inn, was assigned of council for them. But, inasmuch as the defendants would not put in other plea, on the last day of the term judgment was given against them upon a nihil dicit; which John Elliot, inasmuch as we think him the greatest offender, and the ringleader, shall pay to the king a fine of 2000/. and Mr. Hollis a fine of 1000 marks: and Mr. Valentine, because he is of less ability than the rest, shall pay a fine of 500!." And to all this all the other justices, with one voice, accorded. Some of these gentlemen died in prison, be cause they would not pay the fine; others, not able to pay it, on their petitions, submission, and condition not to come nearer the court than ten miles, and giving a bond of 2000l. for their good behaviour, were released. solved, the King understanding, That several members of the house of commons had industriously spread it about, in different parts of the kingdom; That he was for destroying the liber ties of the people, by taking Tunuage and Poundage without consent of parliament; that Trade was quite ruined and gone; and Religion in danger;' set forth another Proclamation; viz, *Franklyn's Annals, p. 361, state, without the assistance of that other great branch of English legislature. Lord Clarendon observes, That the unhappy assaults made upon the prerogative, had produced the untimely dissolution of the last parliament; and the king was resolved now to try if he could not give his people a taste of happiness, and let them see the equity of his government in a single state.'-To this end, by the advice of his council, the king first made a firm peace with both the crowns of France and Spain, upon better terms and conditions than could reasonably have been hoped for. Being secured in that grand point, many projects were set on foot to support the state; which, in a free country, must ever be termed illegal. Supplemental acts of state were made to supply defect of laws. Tunnage and Poundage, denied by parliament, and other duties upon Merchandizes, were collected by order of the board; and new and greater impositions laid upon Trade. Obsolete laws were revived, and rigorously executed; By which,' says the noble historian, the subject might be taught how unthrifty a thing it was, by too strict a detaining of what was his, to put the king, as strictly, to enquire what was really his own. "By the King: That, notwithstanding his majesty's late Declaration, for satisfying the minds and affections of his loving subjects, some ill-disposed persons do spread false and pernicious rumours abroad; as if the scandalous and seditious proposition, in the house of commons, tumultuously taken by some few, after that by his majesty's royal authority he had commanded their adjournment, had been the voice of the whole house, whereas the contrary is the truth. Which proposition was a thing of a most wicked and dangerous consequence to the good estate of this kingdom; and it appeareth to be so, by those impressions which this false Rumour hath made in men's minds; whereby, out of causeless fears, the Trade of this kingdom is disturbed, and merchants discouraged to continue their traffick. His maj. hath thought it expedient, not only to manifest the truth thereof, but to make known his royal pleasure, That those who raise or nourish false reports, shall be severely punished; and such as chearfully go on with their trades, shall have all good encouragement; not purposing to overcharge his subjects by any new burdens; but to satisfy himself with those duties that were received by the king his father, of blessed memory, which his now For this purpose, in 1630, the antient law maj. neither can nor will dispense withal. And, of Knighthood was revived; by which a great whereas, for several ill ends, the calling again sum of money was received from men of estates of a parliament is divulged; howsoever his maj. liable to this fine; but though in it's foundation hath shewed, by his frequent meeting with his it was right, yet the circumstances in proceedpeople, his love to the use of parliaments; yet, ing this way, were thought very grievous. this late abuse having for the present driven Many other projects were set on foot, some his maj. unwillingly out of that course; he ridiculous and some scandalous, says Clashall account it presumption for any to pres-rendon, but all very grievous; the envy and cribe any time to his maj. for parliaments; the calling, continuing, and dissolving of them being always in the king's own power. And, his maj. shall be more inclinable to meet in parliament again, when his people shall see more clearly into his intents and actions; when such as have bred this interruption shall receive their condign punishment; and those that are misled by them, and such ill reports as are raised upon this occasion, shall come to a better understanding of his maj. and themselves." reproach of which came to the king, the profit to other men. Insomuch that of 200,000l. drawn from the subject by these ways in one year, scarce 1500/. came to the king's use or account. To recompense the damage the crown had sustained by the Sale of the old Lands and the Grants of new Pensions, the old Forest Laws were revived; by which, not only great fines were imposed, but great annual rents intended, and like to be settled hy way of contract. This burthen fell mostly on persons of quality and large estates, who thought themselves above ordinary oppressions; and were therefore the more likely to remember it with bitterness. Occurrences from the Dissolution in 1628, to the Meeting of the New Parliament in 1640.] Thus ended the third parliament of king Charles I. and in the same manner with the But the most notorious of all these imposi two former; the first, as has been said, being tions, and the most remarkable, in the histo dissolved by the influence of the duke of Buck-ries of these times, was the affair of Ship-Mogham, and the last by the lord treasurer Weston. Whitlocke tells us, "That, soon after the dissolution of this parliament, the king took a course to gain the most eminent members, that had been against him, to become of his party, and to do him service. Accordingly Dudley Diggs was made master of the rolls, Mr. Noy, Attorney general, and Mr. Littleton, sollicitor." We have now a long series of years to run over, without the least mention of a parliament; the king and his council being resolved to use their utinost efforts in supporting the ney. It is said to have been first projected in 1634, by the then attorney-general Noy. It was designed, at first, as an inexhaustible spring, or magazine, that should have no bottom; and for an everlasting supply on all occasions. To this end, a writ was drawn in form of law, and directed to the sheriff of every county in England; To provide a Ship of War for the king's service; and to send it, amply stored and fitted up, by such a day, to such a place.' And, with the writ, were sent Instructions to cach sherifi, That, instead of a Ship, he should levy upon his county such a sum of money, and ་ return the same to the treasurer of the navy for thusiastic attempt, resolved to reduce them by his majesty's use; with direction in what man-force; and accordingly marched with an army ner he should proceed against such as refused.' to the Borders, and encamped within two miles By this way, alone, the yearly sum of 200,000l. of Berwick, and in view of the Scots army, was raised; but, though the receipt of it was At the same time the marquis of Hamilton levied regularly for 4 years, yet it was, at last, appeared with the English navy, at the mouth put a stop to, by one private gentleman's re- of the Firth of Edinburgh. Reduced to these fusal to pay 20 or 30 shillings as his share. straits, the Covenanters thought fit to capituThis occasioned a law suit, between the king late; and the king soon granted them a pacifiand John Hampden, esq.; which was publickly cation, on their promise to lay down their arms and solemnly argued, in the Exchequer-Cham- and prove better subjects for the future. Both ber, before all the Judges in England: of whom the armies were disbanded, and the king reten gave their opinions for the king's right to turning to London, the Scots seditious papers, impose and the legality of this tax; but, as being disowned by the Covenanters, were publord Clarendon again observes, the Judgment lickly burnt. proved of more credit and advantage to the gentleman condemned, than to the king's service. But, as all these Taxes and Impositions, as well as the persons concerned in advising of them, will be more largely treated on in the proceedings of the next parliament, we shall wave any further disquisition of them in this place. In 1637, some disturbances took place in Scotland, in consequence of the introduction of the English Liturgy into that kingdom. The doctrine of John Knox had gained so fast a footing there, that all archbishop Laud's injunctions or admonitions could not remove it. The Scots began to be very tumultuous on this occasion; they petitioned the king and council against the Liturgy; aud, at last, entered into a solemn League and Covenant to support their own reformed kirk. To quiet these perturbed spirits, the marquis of Hamilton was sent as the king's commissioner into Scotland; who had a conference and consultation with the Covenanters; and they, demanding a general assembly of the kirk and a parliament, and at the same time, doubling their guards, the marquis thought himself not safe amongst them; but retired to Dalkeith, and sent to the king for new instructions. The king's councils were now said to be chiefly governed by archbishop Laud and the earl of Strafford. The former had been introduced to court by the favour of the duke of Buckingham, made bishop of St. Davids, afterwards of London, and, lastly, archbishop of Canterbury. Sir Thomas Wentworth has already made a figure in these enquiries, as a private gentleman and a member of the house of commons; but will make a much greater soon, under the titles of baron Wentworth, lord-deputy of Ireland, and earl of Strafford. The late expedition against the Scots had greatly impoverished the king's exchequer, and there being again reason to fear another insurrection in that kingdom, an army was judged necessary to be raised; but no means could be found to support it, except by the assistance of parliament. A new Parliament called.] Accordingly, by the unanimous advice of his whole council, the king was induced to call a Parliament, and the lord keeper was directed to issue out writs for one to meet on the 13th of April, in the year 1640, and in the 16th of this reign.-According to ancient custom, proclamation was made in the lobby of the house of commons, by order of the lord steward, the earl of Arundel, In 1638, the king consented to the desires of That all the members should take the oaths of the Scots, and allowed of both a General As- allegiance and supremacy, before him, or they sembly of their Divines, and a Parliament; could not take their seats in the house. Ile but yet the Covenanters were not satisfied, and also gave orders, That if there were more rethe marquis had many journeys, backwards turned than ought to be, none should be sworn, and forwards, to settle this affair. This year, until it should be decided by the house who were on his return to Edinburgh, he summoned a duly elected: and that no earl's eldest son council, to whom he delivered the king's let-should be called by the title of viscount. ters, containing a Declaration for nulling the Service-Book, High Commission, Canons, &c. An assembly of divines met at Glasgow, against which the Scots bishops protested; but it did not sit long, being quickly dissolved, and the marquis of Hamilton again returned for Englaud. The earl of Argyle, about this time, joined the Covenanters; and the acquisition of so potent a lord gave them such spirits, that they began to arin in all parts, and even solicited France, an old ally to the Scots nation, to assist them. State-papers were dispersed in England, to vindicate their actions and intentions, which were suppressed by Proclamation. In 1639, the king finding that nothing could reclaim his natural-born subjects from this en The King's Speech at opening the Session.] April 13. The three estates of the realm being met in the house of lords, with the usual ceremonies and formalities, the king opened the session with a few words to this effect: "My Lords and Gentlemen, There never was a king that had a more great and weighty cause to call his people together than myself. I will not trouble you with the particulars; I have informed my lord keeper, and commanded him to speak and desire your attention." * The Lord Keeper's Speech.] Then the Lord Keeper, sir John Finch, spake thus: "My lords, and you the knights, citizens, Speaker of the house of commons during the last parliament. sed and famous inemory; who, with the fulness of joy to all true English hearts, made his entry here by blood, and not by bloodshed. The wall of separation was thereby taken away; and that glorious king to make his word good, faciam eos in gentem unam, made all England rejoice: and Scotland, I am sure, had no reason to be sorry for it; since they participated of English honours: the wealth, and revenue of this nation they shared in; and no good thing was withholden from them; such was the largeness of heart in that most excellent king; and such was the comfort we took in this fraternity, or rather unity; when now both of us had but one brazen wall of fortification to look unto, the sea, and all things so equally and evenly carried between us, that "Tros Tyriusque mihi nullo discrimine habentur." His maj. our most gracious sovereign became heir, as well to his father's virtues as to his kingdoms, and burgesses of the house of commons; You | domi inveniet?--You are now summoned to are here this day assembled by his majesty's counsels and resolutions, that more nearly con gracious writ and royal command, to hold a cern you; to prevent a danger and a dishonour parlament, the general, antient, and great that knocks at our gates; and that moves from est council of this renowned kingdom. By such, from whom we had little reason to susyou, as by a select choice and abstract, the pect it. It is well known upon what happy whole kingdom is presented to his maj's royal and solid counsels, one of our wisest kings view, and made happy in the beholding of his made a match with Scotland for his eldest excellent and sacred person.-All of you, not daughter. We cannot forget (I am sure we only the prelates, nobles, and grandees, but in should not) the blessed success that waited your persons that are of the house of commons, upon those counsels, when the crown of Engevery one, even the meanest of his maj.'s sub-land descended upon king James, of ever bles jects, are graciously allowed to participate and share in the honour of those counsels, that concern the great and weighty affairs of the king and kingdom. You come all armed with the votes and suffrages of the whole nation; and I assure myself, your hearts are filled with that zealous and humble affection to his maj.'s person and government, that so just, so pious, and so gracious a king hath reason to expect from all his subjects.—I doubt not, but you rejoice at this day's meeting; and methinks you should do so too, for good reason you have to do so; and with all humbleness of heart to acknowledge the great goodness of his maj.; who, sequestering the memory of all former discouragements in preceding assemblies, is now, through a fatherly affection to bis people, and a confidence that they will not be failing in their duty to him, graciously pleased to invite you, and all his loving subjects, to a sacred unity of hearts and affectious, in the service of him and of the commonwealth: and in the execution of those counsels, that tend only to the honour of his maj. and to the good preservation of you all. His maj.'s kingly resolu- and in his gracious and tender affection to that tions are seated in the ark of his sacred breast, nation, hath given as many indulgent testimoand it were a presumption of too high a na-nies of love and benignity, as they could expect. ture, for any Uzziah, uncalled, to touch it; Thus became we both like a land flowing with yet his maj. is now pleased to lay by the shin- milk and honey; peace and plenty dwelt in our ing beams of majesty as Phoebus did to Phaeton, streets, and we have had all our blessings that the distance between sovereignty and sub-crowned with the sweet hopes of a perpetuity. jection should not barr you of that filial freedom of access to his person and counsels: only let us beware how with the son of Clymene we aim not at the guiding of the chariot; as if that were the only testimony of fatherly affection: but let us ever remember, that though the king, sometimes, lays by the beams and rays of majesty, he never lays by majesty itself. In former parliaments you have been advised with, for the preventing and diverting of those dangers, which by foreign and more remote counsels, might have tended to the dishonour and ruin of this nation; but herein his maj.'s great wisdom and providence hath, for many years, cased you of that trouble; his majesty having with great judgment and prudence, not only seen and prevented our danger, but kept up the honour and splendor of the English crown, of which at this day we find the happy experience; Almighty God having vouchsafed such success to his maj.'s counsels, that our Fleece is dry, when it rained blood in all the neighbour states. But what availeth this to the kingdom; Si foris hostem non inveniat, si modo VOL. II. 66 Pacatumque regit patriis virtutibus orbem," God found out for my lord the king a companion meet for him, his royal consort, our most gracious queen; who, as she is not to be paralleled for her person and virtue; so hath she made his maj. and the whole kingdom most happy and blessed, in the sweetest pledges of their love and our hopes, which now stand like olive-branches about the throne or table: bat what I sorrow for, civiles furores patriæ nimia infelicitas. For when his maj. had most rea son to expect a grateful return of loyalty and obedience from all the Scots nation, some men of Belial, some Zeba, hath blown the trumpet there; and, by their insolences and rebellious actions, draw many after them, to the utter desertion of his maj.'s government; his maj. and his kingly father's love and bounty to that nation quite forgotten, his goodness and piety unremembered. They have led a multitude after them into a course of disloyalty and rebellious treason; such as former times have not left in mention, nor this present age can any where equal; they have taken up arms against the Lord's Apointed, their rightful prince, and 2 M |