own ends, under colour of advancing the pre- | said laws, under which we and our ancestors rogative, do indeed, in truth, undermine and weaken the royal power; and, by impoverishing the subject, render this monarchy less glorious, and the people less able to serve your maj.-Having, by this that hath been said, cleared our hearts and proceedings towards your maj.; our trust is, that, in your royal judgment, we shall be free from the least opinion of giving any unnecessary stop to our proceedings in the matter of Supply; and that your maj. will be pleased to entertain belief of our alacrity and cheerfulness in your service; and that, hereafter, no such misfortune shall befall us as to be misunderstood by your maj. ja any thing. We all most humbly beseech your maj. to receive no information, in this or any other business, from private relations; but to weigh and judge of our proceedings by those Resolutions of the house, that shall be presented from ourselves.-This being rightly and graciously understood, we are confident from the knowledge of your goodness and our own hearts, that the ending of this parliament shall be much more happy than the beginning; and be to all ages styled the Blessed Parliament,' for making perfect union between the best king and the best people; that your maj. may ever delight in calling us together, and we rejoice in the comforts of your gracious favour towards us.In this hope, I return to my first errand; which will best appear by that which I shall humbly desire your maj. to hear; it being an bumble Petition from the commons, for redressing of those many inconveniencies and distractions, that have befallen your subjects by the Billetting of Soldiers in private men's houses, against their wills. Your royal progenitors have ever held their subjects hearts the best garrison of this kingdom; and our humble suit to your maj. is, that our faith and loyalty may bave such a place in your royal thoughts, as to rest assured that all your subjects will be ready to lay down their lives for the defence of your sacred person and this kingdom.-Not going ourselves into our countries this Easter, we should think it a great happiness to us, (as we know it would be a singular comfort and encouragement to them that sent us hither) if we might but send them the news of a gracious Answer from your maj. in this particular; which the reasons of the Petition, we hope, will move your most excellent maj. graciously to vouchsafe us."

"THE PETITION CONCERNING THE BILLETING OF SOLDIERS.

"To the King's Most Excellent Majesty. In all humility complaining, sheweth unto your most excellent maj. your loyal and dutiful commons, now in parliament assembled, that whereas, by the fundamental laws of this realm, every freeman hath, and of right ought to have, a full and absolute property in his goods and estate; and that therefore the billeting and

placing soldiers in the house of any such free

have been so long and happily governed; yet, in apparent violation of the said antient and undoubted right of all your majesty's loyal subjects of this your kingdom in general, and to the grievous and insupportable vexation and detriment of many counties and persons in particular, a new and almost unheard of way hath been invented and put in practice, to lay soldiers upon them, scattered in companies here and there, even in the heart and bowels of this kingdom; and to compel many of your maj.'s subjects to receive and lodge them in their own houses, and both themselves and others to contribute towards the maintenance of them, to the exceeding great disservice of your maj. the general terror of all, and utter undoing of many of your people; insomuch as we cannot sufficiently recount, nor in any sort proportionable to the lively sense that we have of our miseries herein, are we able to represent unto your maj. the innumerable mischiefs and most grievous exactions that, by this means alone, we do now suffer; whereof we will not presume to trouble your sacred ears with par ticular instances; only, most sacred sovereign, we beg leave to offer to your most gracious view and compassionate consideration, a few of them in particular. 1. The service of Almighty God is hereby greatly hindered, the people in many places, not daring to repair to the church, lest, in the mean time, the soldiers should rifle their houses. 2. The antient and good government of the country is hereby neglected, and almost contemned. 3. Your officers of justice, in performance of their duties, have been resisted and endangered. 4. The rents and revenues of your gentry greatly and generally diminished; farmers, to secure themselves from the soldiers insolence, being, by the clamour and solicitation of their fearful and injured wives and children, enforced to give up their wonted dwellings, and to retire themselves into places of more secure habitation. 5. Husbandmen, that are as it were the hands of the country, corrupted by ill example of the soldiers, and encouraged to idle life, give over work; and rather seek to live idly, at another man's charge, than by their own labour. 6. Tradesmen and artificers almost discouraged; by being inforced to leave their trades, and to employ their time in preserving themselves and their families from violence and cruelty. 7. Markets unfrequented, and dare not pass to and fro upon their usual ocour ways grown so dangerous, that the people casions. 8. Frequent robberies, assaults, batteries, burglaries, rapes, rapines, murders, barbarous cruelties, and other most abominable vices and outrages, are generally complained of from all parts, where these companies have been and have their abode; few of which insolencies have been so much as questioned, and fewer, according to their demerit, punished.-These and inany other lamentable effects,

have by the Billeting of Soldiers already fallen

I sent you my last Message, I did not expect a reply, for I intended it only to hasten you; not to find fault with you. I told you, at your first meeting, this time was not to be spent in words, and I am sure it is less fit for disputes; which if I had a desire to entertain, Mr. Speaker's preamble might have given me ground enough. The question is not now, What liberty you have in disposing of matters handled in your own house; but rather at this time what is fit to be done: wherefore I hope you will follow my example, in eschewing disputations, and fall to your important business. You make a protestation of your affection and zeal to my prerogative grounded upon such good and just reasons that I must believe you: but I look that you use me with the like charity, to believe what I have declared, more than once since your meeting, which is, that I am as forward as you for the necessary preservation of your true liberties. Let us not spend so much time in this, that may hazard both my prerogative and your liberties to our enemies. To be short; go on speedily with your business without any fear or more apologies; for time calls fast, which will neither stay for you nor me: wherefore it is my duty to press you to hasten, as best knowing the truth and necessity of it; and yours to give credit to what

say, as to him that sits at and guides the helm. As to what concerns your Petition, I shall make Answer in a convenient time.'

to the disservice of your maj. than to their own impoverishing and destruction; so that, thereby, they are exceedingly disabled to yield your maj. those Supplies for your urgent occasions, which they heartily desire; and yet they are further perplexed with apprehension of more approaching danger; one in regard of your subjects at home, the other of enemies from abroad; in both which, respects it seems to threaten no small calamity. For the 1st, the meaner sort of your people being exceeding poor, whereof in many places are great multitudes, and therefore, even in times of more settled and constant administration of justice, not easily ruled, are most apt, upon this occasion, to cast off the reins of government; and by joining themselves with those disordered soldiers, are very like to fall into mutiny and rebellion: this, in faithful discharge of our duties, we cannot forbear most humbly to present to your high and excellent wisdom; being possessed with probable fears that some such mischief will shortly ensue, if an effectual and speedy course be not taken to remove out of the land, or otherwise to disband, those unruly companies. For the 2nd, we do most humbly beseech your maj. to take into your princely consideration, that many of those companies, besides their dissolute disposition and carriage, are such as do openly profess themselves papists; and therefore to be suspected that, if occasion serve, they will rather adhere to a foreign enemy of that religion, The Commons Complaint against the E. of than to your maj. their liege lord and sovereign; Suffolk, for aspersing a Member of their House. especially some of their captains and com- April 14. Information was given to the commanders being as popishly affected as them- mons, by Mr. Kirton, that a lord (the earl of Sufselves, and having served in the wars, on the folk) had said, two days before, That a gentlepart of the king of Spain and the Arch- man of this house (Mr. Selden) deserved to be Duchess, against your majesty's allies; which, hanged for razing a record:' with some other of what pernicious consequence it may prove, speeches to the like purpose. Sir J. Strangeand how prejudicial to the safety of your king-wayes was named as the person who heard the dom, we leave to your majesty's high and words; and he was ordered, by the house, to princely wisdom. And now upon these, and declare his knowledge therein. Sir James said, many more which might be alledged, mostThat going up to the house of lords to speak to weighty and important reasons, grounded on the a lord, about private business, he was asked by maintenance of the worship and service of Al- one who met him, If he had heard nothing?" mighty God, the continuance and advancement After this, going into the committee-chamber of your majesty's high honour and profit, the pre- of the lords, to the best of his remembrance, servation of the antient and undoubted liberties the words used by the earl of Suffolk were of your people, and therein of justice, industry these; Sir J. Strangewayes, will you not hang and valour: all which nearly concern the glory Selden? To which he answered, My lord, I and happiness of your maj. and your subjects; know no cause for it. The earl swore, by and the preventing of calamity and ruin both of God, he had razed a record, and was worthy church and common-wealth: we your majesty's to be hanged for it.' Upon this Mr. Selden most humble and loyal subjects, the knights, was called upon to justify himself in this particitizens, and burgesses of your house of com- cular of razing a record. Who first denied mons, in the name of all the commonalty of the charge in general, and next in particular. your kingdom, who are, upon this occasion, That he delivered in to the lords diverse copies most miserably disconsolate and afflicted, pros- of records examined by himself, and several trate at the throne of your grace and justice, other members of the house; wherein he was do most ardently beg a present remove of this far from doing any such thing as was charged insupportable burden; and that your maj. upon him.'-Upon question it was resolved, would be graciously pleased to secure us from the like pressure in the time to come."

The King's Answer.] To the foregoing Petition the king made the following Answer.

Mr. Speaker, and you Gentlemen; When

That Sir J. Strangewayes shall set down the words spoken by the earl of Suffolk of Mr. Selden; and that Sir Rob. Philips shall go up with a Message to the lords to charge the earl of Suffolk with the words; and to de

The lord Saye answered, If they will not declare themselves, we must take into consideration the point of our privilege.'

The duke of Buckingham replied, 'This was not done by the judges, as fearing to answer; but out of respect to the king: and now his brother Anglesey was come with answer from the king, that they might proceed.'*

issue, in matter of fact, or demur in point of law; here is neither; therefore no judgment. As for endeavouring to have a judgment entered it is true Mr. Attorney pressed the same for his master's service; but we, being sworne to do right betwixt the king and his subjects, commanded the clerk to make no entry, but according to the old form: and the rule was given by the chief justice alone. I. did never see nor know, by any record, that, upon such a return as this, a man was bailed; the king not being first consulted with, in such a case as this. The commons do not know what letters and commands we receive; for these remain in our court, and were not viewed by them: and for the rest of the matters, presented by the commons, they were not in agitation be fore us, Whether the king may commit; and how long he may detain a man committed.' Therefore, having answered so much as concerneth us, I desire your lordships good construction of what hath been said."

Mr. Justice Jones." My lords, We are here to deliver what judgment was given by us concerning the Habeas Corpus; to which I answer, no judgment was given; and the matter of fact was such as my brother hath already delivered unto you. These gentlemen were com

The Judges give the Reasons of their Conduct.] Hereupon, Mr. Justice Whitlock said, My lords, We are, by your appointment, here ready to clear an aspersion of the house of commons, that the Subject was greatly wound- | ed in the Judgment lately given in the King's Bench. If such a thing were, your lordships, not they, have the power to question and judge the same: but, my lords, I say there was no judgment given, whereby either the prerogative might be inlarged, or the right of the subject trenched upon. It is true, in Michaelmas Term last, 5 gentlemen petitioned for a Habeas Corpus, which they obtained, and counsel was assigned unto themf. The return was per specialem mandatum domini regis; which like wise was made known unto us under the hands of 18 privy counsellors.-Now, my lords, if we had delivered them presently upon this, it must have been because the king did not shew cause; wherein we should have judg-mitted to the Fleet, the Gate-house, and to the ed the king had done wrong, and this is beyond our knowledge; for he might have committed them for other matters than we could have imagined. But they might say, They might have thus been kept in prison all their days. I answer, no, but we did remit them, that we might better advise of the matter; and they the next day might have had a new writ, if they had pleased. But they say, We ought not to have denied bail. I answer if we had done so, it nust needs have reflected upon the king that he had unjustly imprisoned them: and it appears in, Dyer, 2 Eliz. that divers gentlemen being committed, and requiring Habeas Corpus, some were bailed, others remitted; whereby it appears much is left to the discretion of the judges. For that which troubleth so much, remittitur quousque, this, my lords, was only, as I said before, to take time what to do: and whereas they will have a difference betwixt remittitur, and remittitur quousque, I confess I can find none: these are only new inventions to trouble old records, Herein we have dealt with knowledge and understanding; for had we given a judgment, the party must thereupon have rested; every judgment must come to an

Marshal of the king's houshold: returns were made upon the writs, and counsel appointed, who had copies of the returns: a rule was granted, and their counsel heard; but exception was taken to the return, because it did not shew the cause of their caption. This was of no force in the opinion of the judges. The next exception was, because no cause of their commitment was shewn; which the judges held to be all one in point of law.-Then, my lords, they alledged many precedents and statutes, which the king's attorney answered, That persons committed by the king or council, were never bailed, but his pleasure was first known.' We agreed, at the chamber of the chief justice, that all the statutes alledged are in force; but whether we should bail them or no, was the question; therefore we remitted them quousque. After which Mr. Attorney required a judgment might be entered. I commanded the clerk he should not suffer any such thing to be done, because we would be better advised.-But some will say, our act is otherwise; I answer, no; for we have done no more than we do upon ordinary writs, when we purpose to be better advised, and that was only an interlocutory order. But, put the case a Habeas Corpus should be granted for one that is committed by the commons, would they, think you, take it well we should be bailed at his first coming to the court? I think they would not: and I think the king would not in this case.-Now, my lords, there is a Petition of Right; and a Petition of Grace: to be bailed is a matter of grace; therefore if a man be brought upon an H. Corpus, and not bailed, he cannot say the court hath done him any wrong. I have now served 7 years jule in

Report of a second Conference between both Houses concerning the Liberty of the Subject.] April 17. The matter was argued very solemnly at a conference between the two houses, by the attorney general and the king's counsel on one side, and a select committee of the commons on the other. We shall give the report of this conference at length, from the authority of the lords Journals.

"The LORD-KEEPER'S† REPORT of the First

Part of the CONFERENCE between the
Lords and Commons, on the 17th of
April, concerning the LIBERTY of the
SUBJECT."

"At this conference Mr. Attorney declared, That, as, by commandment of the lords, himself, and his fellows of the learned counsel, advised together, and by him had declared in this house what was conceived fitting; so upon a new commandment, they had again advised and conferred; shewing, at this conference, the effect of what was delivered in the house; which, in substance, rested upon these parts. 1. The State of the Question. 2. Acts of Par

* An order was made that these Speeches of the Judges should not be entered in the Journals; probably, to prevent their being drawn