Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet. | Early English Books Online | University of Michigan Library Digital Collections

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Anno 1629.

[Car. 4] They Resolved that the Stat. 4 H. 8. ch. 8. was a * 1.1 particular Act, and extended to Strowde onely, yet that all Members of Parliament ought to have like free∣dome of speech. Upon other Questions they a∣greed.

1. That a Subject ought to confess any treason where∣of he is informed, or else he is punishable, so that it doth not concern himself.

2. That in this case upon examination, to say that he was a Member of Parliament, and spake thereof in the House, is in the nature of a Plea, and not punisha∣ble till it be overruled.

3. That a Parliament man committing an offence against the King or Council, not in a Parliamentary way, may after the Parliament ended, be punished, if he be not punished for it in Parliament; but that re∣gularly he cannot be compelled out of Parliament to an∣swer things done in Parliament in a Parliamentary Course.

4. That if one or more Parliament men shall con∣spire to raise false rumors against the Council, or Judges, to make them hated, it is punishable in Star Chamber, after the Parliament ended.

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[Anno 1629] 5. Question was if a Parliament man by way of digression say that the Council and Judges agreed to trample upon the liberty of the Subject, and the priviledges of Parliament, whether he be punish∣able; to this the Judges said They might not answer, because it concern'd themselves.

Another Question was propounded by Mr. At∣torney to the Judges, upon the proceedings in Star Chamber ore tenus, against the Parliament men; and the Judges held it the juster way not to proceed ore tenus.

Justice Whitelocke did often and highly complain against this way, of sending to the Judges for their opinions before hand; and said that if Bishop Laud went on in his way, he would kindle a flame in the Na∣tion.

One Huntley, a Parson in Kent, was required by the Archdeacon of Canterbury, to preach at a Visitation, he did it not; afterwards the Arch-bishop by his Letters required him to do it, and he did it not; for these contempts, being convened before the high Commission Court, he was fined in a great sum, and committed to prison, where he lay a long time, and being upon a Habeas corpus * 1.2 brought to the Bar, the cause of his committment was returned, default in his canonical obedience. He was first bayled, and afterwards delivered, upon this reason, because breach of canonical obedience is an offence punishable by the ordinary, by Ecclesiastical cen∣sures; and not by the Commissioners Ecclesiastical, by Fine and Impriscnment.

Strowde, Hollis, Selden, and Valentine were * 1.3 brought to the Bar, by several Habeas Corpora, and the cause of their committment returned, one War∣rant from the Council, and another Warrant from the King, for Sedition and Contempts, and whether this was a good Return or no was argued.

One Atkinson sued a servant of the King, and the Lord Chamberlain committed him, because he did it without his leave; and upon his Habeas cor∣pus, * 1.4 Atkinson was delivered, which the Earl of Montgomery, Lord Chamberlain taking ill, the same day that Atkinson was delivered, he again commit∣ted him, in contempt of the Court, and admirati∣on of all wise men.

Jones, Whitelocke, and Croke (Hyde denying it) gave a Warrant for a new Habeas corpus, but be∣fore the return of it, the Lord Chamberlain, up∣on wiser thoughts, discharged Atkinson from pri∣son.

The King's Attorney Heath, a fit Instrument for * 1.5 those times, preferred an Information in the Star Chamber against Elliot, and the other Parliament men there named, setting forth their misdemea∣nours in the late Parliament, and all those pro∣ceedings.

He preferred another Information against Cham∣bers in the Star Chamber, setting forth the King's Gracious Government, the great privileges of the Merchants, and the small duties they paid; then the words spoken by Chambers at the Council Table, That Merchants have more incouragement, and are less scrued up in Turkey than in England. Chambers confest the words, but said he spake them of the under officers of the Customes, who had much wronged him; and not reflecting upon the King or Council, or the Government; Yet the Court fined him 2000 l. and to make a submission; which he refused; underwriting that he did abhor and detest it as unjust and false.

The Fine was Estreated into the Exchequer, where he pleaded Magna Charta, and other Sta∣tutes, against the Fine by the King and his Council in the Star Chamber; it not being by Legal Judg∣ment of his Peers, nor saving his Merchandise.

But the Barons would not suffer his Plea to be filed.

Afterwards he brought his Habeas corpus, but the Judges remanded him; and after 12 years Im∣prisonment, * 1.6 and long waiting for satisfaction for his losses, from the long Parliament, he at last dyed in want.

The Judges were somewhat perplexed about the * 1.7 Habeas corpus for the Parliament men, and wrote an humble and stout letter to the King, that by their oaths they were to bayle the Prisoners; but thought fit, before they did it, or published their opinions therein, to inform His Majesty thereof, and humbly to advise him (as had been done by his Noble progenitors, in like case) to send a direction to his Justices of his Bench, to bayle the prisoners.

But the Lord Keeper would not acknowledge to Whitelocke, who was sent to him from the rest of his Brethren, about this business, that he had shew∣ed the Judges Letter to the King, but dissembled the matter; and told him, that he and his Brethren must attend the King at Greenwich, at a day appoin∣ted by him.

Accordingly, the Judges attended the King, who was not pleased with their determination; but commanded them not to deliver any opinion in this case without consulting with the rest of the Judges; who delayed the business, and would hear arguments in the case, as well as the Judges of the King's Bench had done, and so the business was put off till the end of the Term.

Then the Court of Kings Bench, being ready to deliver their opinions, the Prisoners were re∣moved to other prisons, and a Letter came to the Judges from the King that this was done because of their insolent carriage at the Bar. And so they did not appear.

Some Constables, and other mean men, com∣mitted by the Council, and bringing their Habeas corpora, were removed from Pursevant to Pursevant, and could have no benefit of the Law.

Some advised the King to have no more Parlia∣ments, * 1.8 but to abolish them, as Lewis the 11^th. of France did, and a Pamphlet was divulged to this purpose. The King took another course to gain Eminent Parliament men that were against him, to become of his party and to doe him service. He took Sir Thomas Wentworth into favour, and his Countryman Sir John Savile; and they were made Privy Councellors. Sir Dudley Digges was made Master of the Rolls: Noy was made the King's At∣torney, and Littleton his Sollicitor.

The Judges of the King's Bench were sent for by the Lord Keeper, to be in London on Michaelmas day; the chief Justice Hyde, and Whitelocke were sent for to the King at Hampton Court, who advi∣sed with them, about the Imprisoned Parliament men, and both these Judges did what good offices they could, to bring on the King to heal these breaches.

The first day of Michaelmas Term, Mr Mason moved for the Prisoners to have the resolution of the Court. All the Judges declared, that they were contented the prisoners should be Bayled; but that they * 1.9 must also find suerties for their good behaviour.

Selden prayed that his suerties for his bailment * 1.10 might be taken, and the matter of the good beha∣viour omitted, as a distinct thing; and all the rest of the prisoners stood to the same, that Selden moved, but the Court remanded them to the Tow∣er; because they would not find suerties for their good Behaviour.

It was intimated to them from good hands, that if they would petition the King, they should be discharged, and all the trouble ended, but they

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refused to do it, and were detained in prison. Sir Miles Hobert and some other prisoners moved the King's Bench for some more freedom in their imprisonment, but then it could not be ob∣tained.

In the same Term an Information was exhibited by the King's Attorney against Selden, Hollis, and Valentine, in the King's Bench, setting forth the same Matters in effect as were in the Information in the Star-chamber.

The like was against Sir John Elliot, and for the words spoken by him in Parliament, That the Coun∣cil and Judges conspired to trample under their feet the Liberties of the Subject and the Privileges of Par∣liament.

This was said to be done by way of Conspiracy by all the Defendants as to their Actions in Parlia∣ment, and that it was done falso, malitiose & se∣ditiose; to sowe discord between the King and the Great Ones, and People: And he said it to be Vi & armis, that they forced the Speaker to keep in his Chair.

The Defendants pleaded to the Jurisdiction of the Court, because the offences are said to be com∣mitted in Parliament, and ought not to be punished in this or any other Court, except in Parliament.

The Kings Attorney moved the Court to over-rule the Plea, though he did not demur to it; but the Court would not, and gave a day to joyn in Demurrer, and to have the point argued.

The Attorney exhibited an information in the Star-Chamber against Mr. Long, for that he contrary * 1.11 to his Oath when he was made Sheriff, and was by his Oath to keep within his County, yet he did come to Par∣liament, and serve as a Member there, and in the time of Parliament resided out of his County. For this the Court sentenced him to pay Two thousand Marks to the King for a Fine, to be imprisoned in the Tower and to make a submission.

In Hillary Term the Information in the King's Bench against Sir John Elliot, and the rest, touch∣ing * 1.12 the point of the Jurisdiction of the Court, came to be argued. All the Judges severally decla∣red their Opinions, That in this case the King's Bench hath jurisdiction of the Cause. And the Defen∣dants were ruled to plead further, but they would not put in any other Plea. Whereupon Judgment was given against them upon a Nihil dicit, that they should be imprisoned, and not delivered till they had given Security for their good behaviour, and made a submission and acknowledgment of their Offences: and they were also fined.