The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

Monday, 28 of April. The Lord Keeper spake to both Houses of Parliament by the King's Command, who was then present.

MY Lords, and ye the Knights, Citizens, and Burgesses of the House of Commons, ye cannot but remember the great and important Affairs, concerning the safety both of State and Religion, declared first from his Majesty's own mouth, to be the causes of the assembling of this Parliament; the sense whereof, as it doth dally increase with his Majesty, so it ought to do, and his Majesty doubts not but it doth so with you, since the danger increaseth every day, both by ef∣fluxion of time, and preparations of the Ene∣my.

Yet his Majesty doth well weigh, that this ex∣pence of time hath been occasioned by the De∣bate which hath arisen in both Houses touching the Liberty of the Subject; in which, as his Ma∣jesty takes in good part the purpose and intent of the Houses, so clearly and frequently profes∣sed, that they would not diminish or blemish his just Prerogative, so he presumes, that ye will all confess it a point of extraordinary Grace and Ju∣stice in him, to suffer it to rest so long in dispute without interruption: but now his Majesty, con∣sidering the length of time which it hath taken, and fearing nothing so much as any future loss of that, whereof every hour and minute is so pre∣cious; and foreseeing, that the ordinary way of Debate, though never so carefully husbanded, in regard of the Form of both Houses, necessa∣rily takes more time than the Affairs of Christen∣dom can permit; his Majesty, out of great Princely care, hath thought of this Expedient to shorten the business, by declaring the clearness of his own heart and intention: And therefore hath commanded me to let you know, That he holdeth the Statute of Magna Charta, and the other Six Statutes insisted upon for the Subjects Liberty, to be all in force, and assures you, that he will main∣tain all his Subjects in the just Freedom of their Per∣sons, and safety of their Estates; and that he will govern according to the Lawsand Statutes of this Realm; and that ye shall find as much security in his Majesty's Royal Word and Promise, as in the strength of any Law ye can make; so that hereafter ye shall never have cause to complain. The conclu∣sion is, That his Majesty prayeth God, who hath hitherto blessed this Kingdom, and put into his heart to come to you this day, to make the suc∣cess thereof happy, both to King and People: And therefore he desires, that no doubt or di∣strust may possess any man, but that ye will all proceed unanimously to the business.

The Commons being returned from the Lords House, Mr. Secretary Cook perswaded them to comply with the King.

His Majesty, said he, puts us in mind of the great important Affairs of the State, and of his sense thereof, that by effluxion of time increaseth in him, and he doubts not but that it doth increase in us. Ye see his Majesty's moderation in the in∣terpretation of all our actions; he saith, that he hopes we have the same sense he hath, he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses. We see how indulgent he is, that however the Affairs of Christendom are great, yet he omits not this nay, he takes in good part our Proceedings and our De∣clarations, that will not impeach the Prerogative: Also his Majesty presumes that we will confess, that he hath used extraordinary Grace, in that he hath endured dispute so long, he acknowledgeth it Ju∣stice to stand as we have done.

Further, out of a Princely care of the Publick, he is careful no more time be lost; and because he sees some extraordinary course to be taken to satisfie us, he observes, that in the form of De∣bate, such length is required, as the nature of the business will not endure. It is to be presumed, that his Government will be according to the Law: We cannot but remember what his Father said, He is no King, but a Tyrant, that Governs not by Law; but this Kingdom is to be governed by the Common-Law, and his Majesty assures us so much; the Interpretation is left to the Judges, and to his great Council, and all is to be regulated by the Common-Law; I mean not Magna Charta only, for that Magna Charta was part of the Common-Law, and the antient Law of this Kingdom; all our difference is in the Application of this Law, and how this Law, with difference, is derived into every Court. I conceive there are two Rules, the one of Brass, that is rigid, and will not bend, and that is the Law of the King's Bench, this Law will not bend: and when it lights on Subjects fit∣ting, if it do not bend, it is unjust: And there comes in the Law of Chancery and Equity; this is application of Law in private mens Couses, when it comes to Meum & Tuum. And thus the general government of Cases, with relation to the common State of the Kingdom, is from the Coun∣cil-Board, and there they are to vary from the Law of the Kingdom: Suppose it be in time of Dearth, Propriety of Goods may in that time be forced, and be brought to the Market: We saw the experience of it in Coals in London, and the Council-Board caused them to be brought forth and sold. In a time of Pestilence men may be re∣strained: If a Schism be like to grow in a Church, the State will inquire after the Favourers of it: If there be fear of Invasion, and it be encou∣raged by hope of a Party amongst us, it is in

the power of Government to restrain men to their Houses.

In the composure of these things, there is great difference: What differences have been between the Courts of Chancery and King's Bench? It is hard to put true difference between the King's Pre∣rogative and our Liberties. His Majesty saw ex∣pence of time would be prejudicial; it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties, let us attend to all the parts of it; there be five Degrees, and there is more assurance than we could have by any Law whatsoever. His Majesty declares, That Magna Charta and the other Statutes are in force: This is not the first time that the Liberty of the Subject was infringed, or was in debate and con∣firmed; all times thought it safe, that when they came to a Negative of Power, it was hard to keep Government and Liberty together; but his Maje∣sty stopped not there, but according to the sense of these Laws, That he will govern his Subjects in their just Liberties, he assures us our Liberties are just, they are not of Grace, but of Right; nay, he assures us, he will govern us according to the Laws of the Laws of the Realm, and that we shall find as much security in his Majesties Pro∣mise, as in any Law we can make; and whatso∣ever Law we shall make, it must come to his Ma∣jesties allowance; and if his Majesty find Cause in his Government, he may not put life to it: We daily see all Laws are broken, and all Laws will be broke for the Publick Good, and the King may pardon all Offenders; his Majesty did see, that the best way to settle all at unity, is to express his own heart: The King's heart is the best guider of his own promise, his promise is bound with his own heart. What Prince can express more care and wisdom?

Lastly, he saith, That hereafter ye shall never have the like cause to complain: May we not think the breach is made up? is not his Majesty engaged in his Royal word?

The conclusion is full of weight: and he prays God, that as God hath blessed this Kingdom, and put it into his heart to come amongst us, so to make this day successful. The wrath of a King is like the roaring of a Lion, and all Laws with his wrath are to no effect; but the King's favour is like the Dew upon the Grass, there all will pros∣per: and God made the Instruments to unite all hearts.

His Majesty having thus discharged himself, he prays us to proceed to the business that so much concerns him. As his Majesty hath now shewed himself the best of Kings, let us acknowledge his Majesties goodness, and return to that union which we all desire.

But this motion was not received with general acceptation; and Sir Benjamin Rudyard replied to it in these words,

WE are now upon a great business, and the manner of handling it may be as great as the business it self. Liberty is a precious thing, for every man may set his own price upon it, and he that doth not value it, deserves to be valued accordingly: For my own part, I am clear without scruple, that what we have resolved, is according to the Law; and if any Judge in Eng∣land were of a contrary opinion, I am sure we should have heard of him er'e now; out of all que∣stion, the very scope and drift of Magna Chartar was, to reduce the Regal to a Legal power, in matter of Imprisonment, or else it had not been worthy so much contending for.

It is true, That the King ought to have a trust reposed in him, God forbid but he should, and I hope it is impossible to take it from him; for it lies not in the wit of man to devise such a Law, as shall comprehend all particulars, all acci∣dents, but that extraordinary Causes may hap∣pen, which when they come, if they be disposed of for the common good, there will be no Law against them; yet must the Law be general, for otherwise, Admissions and Exceptions will fret and eat out the Law to nothing. God himself hath constituted a general Law of Nature, to govern the ordinary course of things, he hath made no Law for Miracles; yet there is this ob∣servation of them, that they are rather praeter naturam, than contra naturam, and alwaies prop∣ter bonos fines: So the King's Prerogatives are rather besides the Law, than against it; and when they are directly to their ends for the publick good, they are not only concurring Laws, but even Laws in singularity and excel∣lency.

But to come nearer, let us consider where we are now, what steps we have gone and gained; the King's Learned Council have acknowledged all the Laws to be still in force, the Judges have not allowed any Judgment against these Laws; the Lords also have confessed, that the Laws are in full strength; they have retained our resolutions intire, and without prejudice.

All this hitherto is for our advantage; but above all, his Majesty hath this day (himself be∣ing publickly present) declared by the mouth of the Lord Keeper, before both the Houses, That Magna Charta, and the other six Statutes, are still in force; That he will maintain his Sub∣jects in the Liberties of their Persons, and Pro∣prieties of their Goods; that he will govern them according to the Laws of this Kingdom; this is a solemn and binding satisfaction, expressing his gracious readiness to comply with his People in their reasonable and just desires. The King is a good man, and it is no diminution to a King to be called so; for whosoever is a good man, shall be greater than a King, that is not so. The King certainly is very tender of his present Honour, and of his Fame hereafter: he will think it hard to have a worse mark set upon him, than upon any of his Ancestors, by extraordinary restraints: His Majesty hath already intimated unto us by a Message, That he doth willingly give way to have the abuse of Power reformed; by which I do verily believe he doth very well understand, what a miserable Power it is, which hath pro∣duced so much weakness to himself, and to the Kingdom; and it is one happiness, that he is so ready to redress it.

For mine own part, I shall be very glad to see that old decrepit Law Magna Charta, which hath been kept so long, and lien Bed-rid, as it were, I shall be glad to see it walk abroad again with new vigour and lustre, attended and fol∣lowed with the other six Statutes: questionless it will be a great heartening to all the People. I doubt not, but upon a debating Conference with the Lords, we may happily fall upon a fair, fit accommodation, concerning the Liberty of our Persons, and Propriety of our Goods. I hope we may have a Bill, to agree in the point, against imprisonment for Loans or Privy Seals: As for intrinsical power and reason of State, they are matters in the Clouds, where I desire we may

leave them, and not meddle with them at all, lest by the way of admittance, we may lose some∣what of that which is our own already: Yet this by the way I will say of Reason of State, That in the Latitude by which 'tis used, it hath eaten out almost, not only the Law, but all the Religion of Christendom.

Now I will only remember you of one Pre∣cept, and that of the wisest man, Be not overwise, be not over just: and he gives his reason, for why wilt thou be desolate?

If Justice and Wisdom may be stretch'd to de∣solation, let us thereby learn, that Moderation is the Virtue of Virtues, and Wisdom of Wis∣doms. Let it be our Master-piece so to carry the business, that we may keep Parliaments on foot: For as long as they be frequent, there will be no irregular Power, which though it cannot be broken at once, yet in short time it will be made and mouldred away; there can be no to∣tal or final loss of Liberties, as long as they last; what we cannot get at one time, we shall have at another.

Upon this Debate it was ordered, That a Com∣mittee of Lawyers do draw a Bill, containing the substance of Magna Charta, and the other Statutes, that do concern the Liberty of the Subject: which business took up two whole daies.

Notes

• The Lord Keeper's Speech to both Houses, concern∣ing Sup∣ply, by the King's command.
• Sir Ben. Radyard's Speech concern∣ing that motion.
• A Com∣mittee or∣dered to draw up a Bill in order to the Petiti∣on of Right.