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Published online by Cambridge University Press: 24 December 2009
page 63 note 1 “To have some particular men sent for that may disclose the rest.” Add. 40091, f. 10. This is the scribbled book of Elsing's son and will hereafter be refered to as “A.”
page 63 note 2 “I desire two things, that what I shall say may not bee thought to reflecte uppon any or that I will trench uppon the K[ing's] prerogative.” H. of L. MSS. This is from the scribbled book of the second assistant clerk and will hereafter be referred to as “B.”
page 64 note 1 Following Saye:
“Lord Westmerland. Mocon that if they will admitt of Presidents hee will bring some to the Committees.
“E[arl] of Cleveland. Presidents will prevaile nothing in this kind because the Statute of H. 8 sets downe absolutely how they shall bee placed in Parliament.” A, f. 10v.
page 64 note 2 “Lord Presidents mocon concerning Equallitie for seizing men that should finde the horse according to such a proporcion of Land.
“Erle of Westmerland. To have it referred to the Committee the last tyme.” Ibid.
page 64 note 3 “Lord Duke. Fitt every shire to have one Marke the Kinge another.” Ibid.
page 65 note 1 “Lord Bishop of Winton. To have a Communion the Sunday after the fast.
“Bishop of Saint Davids. To have the money given that their dinner comes to, to the poore and that the Constables may prevent disorder in Tavernes, Innes and Alehowses.
“Bishop of Winton. To have the market deferred.
“Erle of Norwich. To send to the Commons to ioyne with the Lordes in a Peticion concerning Religion.
“Erle of Devon. To appoint a Committee to draw up the Peticion concerning Religion.
“Erle of Clare, Lord Spencer. To take notice who are absent at the fast.” A, f. 12V.
page 65 note 2 “Lord North. That every man that hath a Proxie shall pay for every proxie hee hath.” A, f. 12v.
page 65 note 3 “E[arl] of Norwich. To have Judges attend, 2 chiefe Justices, Mr. Attorney Generall to attend: to meete at 4 in the little Comittee Chamber.” A, f. 12v.
“Erle of Herteford. To send to the Commons for a Conference with the lower house.
“Erle of Clare. To have it voted.
“L[ord]Say. To have the Clerke see what was done in the like case before.
“E[arl] Dorset.
“L[ord] President. If not voted you may alter what you please. If voted you conclude that you cannot alter any thing. If neede bee after a Conference with the Commons.
“L[ord] Steward. To have the voting deferred till after the Conference.
“Erle Devon. To desire a Conference and to appoint the tyme.” A, f. 13.
page 67 note 1 “That every lord here would give something here towards the releefe of theis poore people that are undone by fyer and that it might thereby bee recommended to the whole Kingdome.” B.
page 67 note 2 [After bill for the maintenance of the ministry.]
“B. Co : et Lich. Noe Bill committed unles something spoken unto it, not fit to suspend Bills upon the silence of any man.
“L[ord] Mountague. Those that have these livings bestowed upon them should bee resident upon them.
“This Committed to three of a Bench….” A, f. 14.
page 67 note 3 “E[arl] Clare. The wisedome of the Parlement to cut of all superfluitee, to have new fangled fashions to bee taken away.” A, f. 14.
page 67 note 4 “L[ord] Spencer. If this bill bee committed it will loose the Kingdome twenty thousand pounds by the yeere.” A, f. 14.
page 67 note 5 “L[ord] Say. His Majesties pleasure that it should bee done without preiudice. To have it referred to the Comittee of Priviledges to recommend it to those particulars that are inte[re]sted in it.
“E[arl] Devon. To referre it also.
“E[arl] Marshall. To trouble himselfe with noe more than that is unavoidable.
“L[ord] Say. First have this accomodated and then if any man finde himselfe grieved hee may freely Complaine to the Comittees.” A, f. 14v.
page 68 note 1 “E[arl] Dorsett. To have a returne of this gracious acceptation of his Majesties answere.
“L[ord] Steward. To have noe returne till all bee accomodated.
“L[ord] Steward. Not to conclude any thing but to treate in the meane tyme with those particular men present.
“E[arl] Marshall.
“E[arl] Clare. Concerning the Poore, to name what parishes and whoe shall bee distributers of it.” A, f. 14v.
page 68 note 2 After reading bill for hospitals and schools:
“That that which they have they might have more outward then they have, that at least two parts of three might come to the Poore, and not the masters have all, that they might have a Stock and that soe imployed as they might not bee sepulchers for living men.”
“Erle of Warwick. That there might bee some Order taken that An Hospitall given by his Grandfather where the Rents bee but seaventeene pounds by the yeare, and the Tenants goe away with five hundred pounds per annum.” A, f. 16.
page 69 note 1 “The Erle Devon. In this particular they have carryed themselves in greate respect, for if you will not have these things added they will cause noe dispute. If you will have them added, to give notice to the house of Commons to appoint a tyme to attend the Kinge. To have the Peticion voted.
“E[arl] Montgomery. To have it engrossed first and read.” A, f. 16v.
page 69 note 2 “Bishop of Winton. None of your Majesties Counties. Berwick is in none of the Counties. Lord Sheriffes not mencioned amongst the Officers in the Statute 3 Jac.
“Lord Noell. That both the Houses should preferre this Peticion to the Kinge.
“Agreed the Addicions that came from the lower house to bee put in.
“Erle Devon. That moved by my Lord of Winchester cannot bee put in without a Conference with the lower House.” A, f. 16v.
page 70 note 1 “E[arl] Clare. They are heere ready attending that arrested Mr. Willoughby a gentleman protected by the Lorde la Warr.
“Juratus Wright.
“This stirres a question whether a Priviledg doth not protect the Baillie as well as the Principall.
“Noe farther then the person.
“L[ord] President. It is a hard course to punish Cole that hath lost his Bailie, therefore to release Cole.
“E[arl] Dorsett. It hath bin done that my Lord Keeper should release him, otherwise then a man may lye in prison by the walls and starve and then come and complayne. If it bee within the tyme of priviledg, the man protected may bee priviledged as well the house sitting and not sitting.
“E[arl] Devon. That a law to the effect of the last Lords mocion may bee made by the assistance of some that waite heere.
“E[arl] Norwich. Whether those that have had their execucions which they did by law, may have remedy heereafter by law.
“E[arl] Clare. Whether the first Attachement were against the Priviledg.
“L[ord] President. I sa[y] Priviledg will not extend to subsequent execucions. A Priviledg will bee not worth anything.
“E[arl] Dorset. The Judges may attend to answere the questions as demanded but not to referre any thing to them.” A, f. 18.
page 71 note 1 “E[arl] Devon. Referre to the grand Comittee for Priviledges the buysynes of the Erle of Banbury. It doeth concerne some which it is thought will not bee heere voluntaryly. Therefore hee would desire warning might bee given them.” A, f. 18.
page 71 note 2 “E[arl] Devon. When I was of the house of Commons and of the Chaire for grievances, this man and his peticion was cast out with much disgrace.” A, f. 18v.
page 72 note 1 “Lord Bishop Mountague found this mann a strange, refractory man, proceeded with him according to his deserts and suspended him for his Irregularitye. Hee was afterwards deprived. There is nothing will stopp his mouth unles some punishment bee layed upon him. That there may bee some care had that honest men may bee noe wise discouraged soe there may bee an end of stubborne men.” A, f. 18v.
page 72 note 2 “Lord Say. Comittee Condemned by the house for receiving a Peticion not fit to bee received. Whether they may not take proceedings in a Court contrary to the proceedings of that Court without a Review. If the Peticion had bin reiected, the man had happily gone without punishment. If the Peticion bee true it is fitt to looke into it.” A, f. 19.
page 72 note 3 “E[arl] Bedford. Wee must not lye upon our beds and pray God to helpe him and endeavor to afford him noe supplye.” [Bill for Tales Circumstantibus.]
“L[ord] President. That there must bee a greate care in penning of this Bill. There may bee good use made of this if a Care bee had, if the Judges doe returne the Inquest and not the Sheriffe.” A, f. 20.
page 73 note 1 “E[arl] Manchester. For the preservacion of his owne right hee will give his consent as farre as any before hath done.” A, f. 21.
page 76 note 1 The other two accounts of this debate are worth giving in full.
“L[ord] Say. That this buysynes concerning Banbury may bee dispatched in respect the witnesses are most of them poore men and this is a buysy tyme of the yeere.
“E[arl] Clare. A great tumolt. 3 thynges. How this disorder began and from whome. 2, the beating of an Officer. 3, for the firing of the towne. They say nothing certainly but coniecturally. Neglect of Justice in the Justice of peace.
“L[ord] Conway. I must approve very well of the iudgement left to your Lordships. For the Justice of peace his behavior, I see nothing in his carriage but what was goode. Justice of peace is not a Justice of peace onely but a Justice of discretion. The best way for a Justice to governe souldiers [is] by Officers. 2 thinges for defence of this Justice of peace whoe hath carryed himselfe modestly and discreetely.
“L[ord] Say. 2 thinges. Never punish men for laying downe that which they offer to prove if they faile not to prove it. The assault of the Constable is directly proved upon oath. The Ancyent Committed this to whome all these souldiers must bee committed. Tis evident that this disorder was begun by a souldier: if a Constable. The Justice of peace denyes to secure them. And where he says hee doubted it, marke the Consequence. This man is not an Ignorant man, hee hath bin a Justice this long tyme. I thinke it fitt the Maior and Justices should pay the Charges. And it would free the Councell from an aspersion that souldiers should bee spread abroad everywhere and there should bee a suspension of the lawes.
“L[ord] Tregoze. I have commanded souldiers and yet it hath not bin convenient to have a government set apart for them if there owne officers will not.
“Lord Spencer. Wee are fallen from the buysynes nolumus mutari leges Angliae. That we may keepe to our Ancyent lawes of England.
“Lord President. Before wee proceede to censure, to agree upon the fact, Three falty, Reynd, Knight, Phillips. The first can seeme noe way excusable, the second not excusable. Offend souldiers of one side, the Councell of thother. I thinke it a causeles accusacion. Jura belli in tempore pacis. Ensigne layed by the heeles. Phillips punished to pay the charges of the Justice.
“Lord Say. Philips not onely the man, another man that was threatened to be killed. Phillips had iust cause to complayne because the Just[ice] peremptoryly denyed to doe him iustice.
“L[ord] Noel. The Justice hee cannot conceive hee is faulty.
“L[ord] St. Davids. Non omnibus eadem licentia that the Justice of peace with commendacion.
“L[ord] Grey of W. I should willingly commend the Justice of peace if I knew for what his feare, not his discrecion, not his feare of God, but his feare of the Councell table which is not to bee suffered when Parliaments are not alltogether out of date.
“Lord Falconbridg. The Just[ice] commendacion, the souldiers rebuke, and every one beare his owne charge.
“Lord Paw[lett]. Three thinges complayned of, suspicion of firing the Towne, the Constable beaten, and the Justice of peace refusing his duty.
For the Just[ice], I thinke hee hath deserved noe greate blame. The house to free the souldiers from suspicion of burning the Towne. That the Constable bee informed that what hee hath done of his Office hee may be commended for.
“L[ord] Duke. A buysynes unworthy of your lordships trouble. Noe fault in the Justice of peace. Not loosing tyme now.
“L[ord] Pagett. It seemes to mee the Just[ice] of peace fully discharged his duty.
“E[arl] Stamford. The malice of Constable hath done all this, and therefore hee should pay the Justices charges.
“E[arl] Marshall. Should not punish yourselves.
“B[ishop] Lincoln. The punishment of offenders: the Justice excused: the Constable to bee admonished: and the souldiers admonished: none of the three punished with a pecuniary mulct. And a declaracion that it is the sence of the House that souldiers should bee governed secundum leges terre and not by a distinct law from any of the rest of the Kinges Subiects.” A, ff. 21–22.
“L[ord] D[uke]. That those that complayned of the burning of the towne if it bee not proved may bee soe punished as they should have bine if they had done it. That the parties complayned might be dismissed from further charge.
“E[arl] of Clare. To consider who beganne the Fray, whether the Constable hath bine abused, whether the Justice hath neglected his dutie.
“Vic. Conway. That the Justice of peace hath done well in useing discrecion as well as severitie in his place of Justishipp.
“Lord vie. Say. Two things considerable, the burning of the towne never undertaken to bee averred. That the Constable was assaulted in his howse with swords drawne for carrying a prisoner to the goale, and the Fray begunne by them. That there was an Ensigne endevoured to stabbe a man with a knife for assisting of the Constable. That it was a neglect in the Justice in refuseing to afford Justice, it being required.
“Lord President. That Rande was to bee condempned for goeing to the Constables Howse to commaund him to prison for imprisoning a Souldier. I cannot excuse Phillipps. The Justice did as I should have done in his case. That peace was made by him. The Constable to bee blamed for racking upp the buisines when it was quietted. That Phillipps beare the Justices charge, the first ensigne imprisoned, the Constable to beare the Justices charge.
“Lord Noel. That the Justice is free from all blame in the carriage of himselfe in every particular.
“Lord Grey. That the Justice of peace if culpable and the Constable free.
“Lord Falconbridge. That the Justice of peace hath done well and discharged his dutie with much discreation.
“E[arl] Marshall. That the parties bee all called in, that neither partie bee blamed but sent away with an admonicion to Carrie themselves fairly each to other. Concluded that all bee called in and dismissed and admonished to live quiettly and loveing one with the other.
“Bishop of Lincoln …” [adds nothing]. B.
page 79 note 1 “L[ord] Duke excuse for see many particulars together by reason of the shortnes of the tyme that which casts an intention betweene England and Holland I could wish for many reasons had bin omitted.” A, f. 23.
page 79 note 2 Added, “E. C. noe small matter to alter a Trade with a Nation a friend of ours. Rather the Merchants to prosecute still beeing experienced and not to purchase lands.
“L[ord] North. It is of a greate deale of Consequence and a new matter makes much disturbance and therefore” [blank]. A, f. 23.
“Lord President. That it might bee considered by a Committee with the Judges and Counsell to drawe it upp in the fourme of a bill or Act.
“Lord Bishop of Lincoln. That he approves well of theis proposicions but thinkes fitt it beginne in the Commons House.
“E[arl] of Clare. That it will bee a matter of very great consequence, but Committed.” B.
page 80 note 1 Debate on bill:
“Bishop Winton. It is a godly worke to provide for Hospitalls. Distinguish of hospitalls: Durham that the Master of those Hospitters should exercere hospitalitatem libere et honorifice to preserve the right of these Hospitalls.
“L[ord] President. This Bill tends to all that hee desires, that these howses might have some workes to imploye them that labour.
“Vicount Wimbleton. To make a nurserie to bring up youth, to take away beggery, a Bridewell where they neyther whipp nor beate there is.
“Lord Devon. This which was moved to take us to a new Bill. A, f. 24.
page 81 note 1 “Lord Mountague. That his Majestie may understand howe ioyfully this House accepts of his Majesties answere.” B.
page 83 note 1 “If they can to bee ready by the afternoone, or otherwise to stay till to morrow morning.” A, f. 26.
2 “E[arl] Herteford. That hee was with Mr. Litleton whose part hee is to report whoe sits in the chaire soe that hee cannot have his notes till after the House is risen.
“E[arl] Devon. Sayes that the gentleman whose reporter hee is tells him it is impossible for him to have his notes ready for him till the evening.” A, f. 26.
page 84 note 1 “Prayers.
“E[arl] Clare. Commended unto their Lordships a petition of a servant to a Peere of this Realme arrested contrary to. the priviledg of this howse.
“L[ord] Mountague. That this is the man that counterfeited his protection and since hath gotten another and since hee came to London is rescued from the Serieant.
“E[arl] Clare. If this bee true which is in his petition, hee is comprehended within the limits of this Order.
“Warwick. To please to question whether hee hath beene rescued from the Serieant or noe.” A, f. 27.
page 84 note 2 “That all that come late after dinner might pay the pooremans box which though some contradicted awhile it was agreed that it should (as formerly it had bine) bee given to the poore.” B.
3 Added: “and the Lord Keeper removed to the upper end of the woollsackes.” B.
page 86 note 1 “Lord President.” B.
page 86 note 2 Bill for Gerrard.
“Bishop of Winton. Greate care in the Commitment of this bill because itt belonges to all Orphans. Committed to Fryday come senight.
“Lord Keeper. That the originall Orders should bee brought hither. Sir Thomas Fanshaw is very sick, his servant Keeling is out of Towne. This busines to bee provided ready by 8 Saterday.
“The Order conceived by the Lords Committees for priviledges concerning the E[arl] of Banbury was read 1aet 2da vice, voted, and to be entered into the roll of Orders.
“E[arl] of Clare. That there bee a copye of this given to the Erie Marshall and soe from Marshall to Marshall.
“E[arl] Marshall. That the same Lord that brought the message from his Majesty may carry back the thankes.
“Vic. Say et Seale. That hee may Carry a copye of this that the Kinge may see how farre they have proceeded in this buysynes.
“The Order concerninge the Reports sent from the House of Commons conceeved by the Clerke was read.” B.
page 87 note 1 After this business finished:
“E[arl] Clare. To winne tyme and make it as precious in expediting the buysynes with as much speede as wee may.” A, f. 28.
“E[arl] of Clare and others. That the Kings Counsell might make the answere before both Houses at a Conference, but agreed to deliver it here in this Court.” B.
page 87 note 2 “A matter of the greatest consequence that ever came into this House.” B.
page 87 note 3 “The Kings occasions hath enfoursed in this shorte tyme to retourne an answere.” B.
page 87 note 4 “To state the Q[uestion] as the Commons have done it. The first that no freeman ought to bee imprisoned by the King or Cou[nsell] without cause shewed. If he bee restrained by the King or Counsell, etc., being retourned by Habeas Corpus ought to be delivered.” B.
page 88 note 1 “The private case of the Comittment of four gentlemen is become a generall case.” B.
page 88 note 2 “6 Statutes besides alledged in this Case.” B.
page 88 note 3 “Nu. 20.” B.
page 88 note 4 One would expect, “let him make petition.”
page 88 note 5 “That the Statutes recited have all a dependencie of Magna Charta, If that fall, they all fall.” B.
page 88 note 6 “Statute of Westminster the first not to restraine the power of the Kings bench, not spoken by the Judges at the Judgement pronounced at the Kings bench by them.” B.
page 89 note 1 “This Record is full for the King. The King sent word to the Sheriffe that hee should afford noe favor to those that the E[arl] of Warricke committed. The Sherifie released them for which hee was Sentenced in Parliament and alledged that hee had broke the Statute of Westminster.” B.
page 89 note 2 “Judge Fo[rte]scue. That hee saith they may committ without cause shewed. That the Judges of theis tymes doe it and never questioned. And shall the King bee barred?” B.
page 89 note 3 “In the cases of manslaughter and the Forest many tymes bayle denyed.” B.
page 90 note 1 “That all the presidents are flately against them. That they have urged and desire to have it read.” B.
page 90 note 2 “Pasche, 13 E. 3. Soe much as they read was true but they left that unread that should manifest the truth.” B.
page 91 note 1 “Roberte Constable had his Pardon fast then after the Court could not but bayle him.” B.
page 91 note 2 “Harecourt, his Case 40 Eliz. imprisoned in the Gatehouse without cause shewed. The letter read to imprison Harcourt and others for mainteineing a Ryatt with Robinson. The cause light: and bayled.
“Catesby, his case 43 Eliz. Privie seales directed to the Judges to bayle him and others as they should see cause.
“Sir Thomas Mounson had his Pardon and the King expressed his will to have him bayled.
“Mr. Attourney. That wee have gone through theis of the first nature. The other Agreed to bee fell uppon this afternoone.” B.
page 92 note 1 “Two of theis foure were not mencioned at the Judgement, but said that they were all much stucke uppon.” B.
page 95 note 1 First speaker in debate: “E[arl] Devon. Tis now late. To put it of till Monday morning before this greate buysynes in which Mr. Attorney hath bin heard come into debate.” A, f. 29.
page 95 note 2 “E[arl] of Essex. If any Noble man desire it the house ought to bee put into a Committee.” A, f. 29.
page 95 note 3 “Lord Treasurer. Not to have a Conference, for if you goe to another hearing then there must bee another hearing after.
“E[arl] of Devon. That the House may bee put into a Committee.
“E[arl] of Dorset. There wilbe a necessitie of Conference but the question is now whether wee shall heare the Judges first.” A, f. 29.
page 95 note 4 “L[ord] B[ishop] of Norwich. To spare the putting the House into a Committee.” A, f. 29.
page 96 note 1 “Lord Steward. Not to speake any thinge against a Conference but to informe our selves by the Judges.” A, f. 29.
page 96 note 2 “It is not strange to have a Conference, but rather strange to thinke it strange. But not absolute necessary to heare the Judges first.” A, f. 29.
page 96 note 3 “I thinke wee owe it as a Justice to the Judges to heare the Judges first, because here was something that hath bin sayed that reflects upon them.” A, f. 29v.
page 96 note 4 “I will not speake in this particular buysynes like a particular man interested by particular obligacions: to heare the Judges first. For a Conference, to submitt himselfe as in all thinges else to reason. Not to carry himselfe partiall to his Master, but to carry himselfe with that humilitye as may tend to union: if you have a Conference you will bring another hearing upon yourselves. To have a Conference and not a Contestacion.” A, f. 29v.
page 96 note 5 “It will not fall out to revolve from one Conference to another they obiecting and Mr. Attorney replying. I speake [not] to make the vent bigger, but to make such an union as may continue extirpating the Rootes of bitternes that they may not bring forth bad fruite heereafter. That those of the Judges that have given the Judgment may first delyver what was the Judgment they then gave.” A, f. 29v.
page 97 note 1 “That some of those Lords that know the meaning of the one and the other to delyver the Kinges intencion in this kind.” A, f. 29v.
page 97 note 2 “Lord Bishop of Norwich. That the tyme being spent, that the Howse ought not to have bine putt into a Committee. That there bee a Conference with the Commons before wee proceed to Judgement in this great cause.
“E[arl] of Devon. That the Judges bee enquired of for matter of lawe but not the matter originally referred to them. That wee have a conference with them that thereby wee may resolve of something or other.” B.
page 97 note 3 “A Conference most necessarie, but that the Judges bee first hard. Some thing hath bine said that Reflects uppon the Judges, therefore they first to speake before any Conference bee had.” B.
page 97 note 4 “Lord Duke. That hee shall carrie himselfe indifferently, without any particular respect, as a servaunt. To have the Judges opinion and that, by turning the buisines backeward and forward, wee loose too much tyme. Mr. Attorney to putt the buisines in wrighting as soone as hee cane, and the buisines to proceede notwithstanding.” B.
page 97 note 5 “That a conference bee had, that the Judges bee heard, but such Judges as are interest[ed] in this matter to deliver howe the Judgement was pronounced against the Gentlemen in that Court.” B.
page 98 note 1 “Lord Steward. That the Judges of the Kings bench doe severally on Monday next declare themselves for matter of Facte what proceeded from them in that Court. Then, after, the lords to proceede on the whole matter. And soe Agreed by the Howse.” B.
page 98 note 2 “That wee here in this Court may call any Judge whatsoever in matter of facte which they have formerly made.” B.
page 99 note 1 “The argument moved by my Lord Bishop doeth fully conclude this question. I should bee sorry to see any Court soe lifted up as this should bee any way put downe. And I wonder much this question should bee made.” A, f. 31v.
“A writt of Error lyeth out of that Court of Kings bench into this Court.” B.
page 99 note 2 “At the Committee of priviledges, the Chief Justice that then was, thinking it not an invasion upon the prerogative, desired favour to bee spared till hee had speciall licence.” A, f. 31v.
page 99 note 3 “The E[arl] of Clare hath stated the question.” A, f. 31v.
page 99 note 4 “That the Judges refusing to deliver their reasons of pronouncing of their Judgement in the Kings bench trencheth uppon our priviledges which thing, if it bee refused, wee must necessarily bee constrained to enter into a consideration of our owne rights.” B.
page 100 note 1 “6 No[vember] Michaelmas terme last the date of the writt. The Gentlemen committed by warrant from the Privie Counsell signed by 18 of the Counsell.” B.
page 100 note 2 “In all States as in this, in the lowe Countryes, or in Germany, in all Soveraigntie is to bee in it and trust to bee had to that government.” B.
page 101 note 1 “If at an Act of parlement bee that wee should bayle, wee must doe it; if not, it is left to our discreation.” B.
page 102 note 1 “Those things questioned by the Commons were not before us. It is a thing newe to us that is nowe questioned. Wee did only remaund him backe; wee left him as wee found him.” B.
page 102 note 2 “Hee heard in such words as the complaint recites, though at that instant he heard other things that passed betweene the said Earl and Sir John Strangwayes.” B.
page 102 note 3 “Not to slubber this buysynes but every man to examine his owne heart. I heard many members of this house affirme these wordes.” A, f. 32v.
“To enter into a serious consideration of this matter. That he hath heard 3 or 4 in this Howse that have heard the selfesame words. That wee consider howe to accomodate this matter betweene the Houses. That the buisines of his Majestie bee not delayed.” B.
page 103 note 1 “E[arl] of Essex. Whether these wordes were spoken Sir John Strangewaye.
“Lord Say. Nothinge to reflect upon Sir John Strangewaye. If you desire to hold all good corespondency with them.” A, f. 32v.
page 103 note 2 “That which past heere from my Lord Chiefe Just[ice], an assault made upon the power of this Court.” A, f. 33.
page 103 note 3 “Lord Duke. To consider that when a thinge is settled and ordered, it is not the manner of this howse to revolve backe before an Accompt bee given of that Order.
“E[arl] of Essex. I thinke this the best way for all Accomodacion.
“B[ishop] of Lincoln. If hee would repeate the same words againe, it would give very good satisfaction.” A, f. 33.
page 104 note 1 “That this which is now a question may bee made noe question.” A, f. 33.
page 104 note 2 “15th December.” A, f. 34v. “15 No.” B.
page 104 note 3 “The Councell desired a coppie of the Retourne and that they might speake, though entertayned by severall men, yet being both one case that they might speake as in one case, so they divided their arguments in two partes.” B.
page 105 note 1 “After Dinner that day at My Lord Chiefe Justices chamber, reade all the presidents and Statutes pressed eyther by Mr. Attorney or the gentlemens Councell.” A, f. 34V.
“Four Judges considered howe they might free the prisoners that they might not lye in prison all the vacacion. Uppon perusall of the Statutes, wee determined nothing but left them as wee found them.” B.
page 105 note 2 “The Clerke of the Court came to us and told us that the Attourney desired to have a speciall Judgement entered.” B.
page 106 note 1 “For the Bayling of the prisoners, that is a faver of the Court and lefte to the discreation of the Court. For matter of bayle, it is soley a matter of grace, and noe matter of wright. That no prisoner coming by Habeas Corpus, coming into that Court, haveing no bayle cane complayne of Iniustice.” B.
page 107 note 1 “And hee that will know if hee bee delyvered of, if hee bee bayled, why hee is delyvered or why hee is bayled, must goe thither.” A, f. 35.
page 109 note 1 “I have heard soe much that there cannot bee more said. Yet in respect of those wee relate it to, the more care wee take the more respect we shew to them. Dispute the mother of discord, the union at home.” A, f. 35v.
“To lett his Majestie, as his Majestie hath bine pleased to lett us knowe what he intendeth, what nowe wee are resolved to doe.” B.
page 109 note 2 “For Accomodation: if it bee decided that it is the Kinges right. If the Subiects right, to take it into a Consideracion how to preserve such a prerogative as belonges to a Monarch and to secure the Subiect in his person and goods.” A, f. 36.
page 109 note 3 “Plus festinat claudicans in viâ quam currens extra viam. Tis not yet come to the question whether the Kinge may Committ. His Majesty to intimate his gracious will. The lords neere to the kinge to prepare him of that side. On the other side, the maine question as Resuite gra. manet os Reg[is] integra. That wee goeing on heere by way of debate, the lords on the other side prepare yt for os.” A, f. 36.
“Buisinesses best ended when in a right way. That the King may not committ, wee not yett come to that. The way of accommodacion. I heare that his Ma[jesty] will doe what his predecessors have done. That wee might by some neere his Majestie, that we might understand as much, which will be ioyfully accepted. Then to thinke of a Conference which wee are not yett ready for.” B.
page 110 note 1 “That hee cannot certeynely undertake any thing of the Kings parte, but assureth himselfe, through his Majesties gratious and good disposicion, that if tyme bee not too much spent, hee will doe any thinge on his Majesties parte that may be reasonably desired.” B.
page 110 note 2 “Bishop Lich. This relacion betweene the Kinge and his Subjects is such as betweene the head and the members. This relacion may bee determined in these two termes. Honor Amor.” A, f. 36.
page 111 note 1 “Not to bee misinterpreted. Not to protract this buysynes of soe greate weight. A Conference with the House of Commons. Ob[jection]: instead of bringing it to a good end, it will cause a Contestacion. By this much satisfaction to them, which when it is ended, it will bee ripe for us.” A, f. 37.
page 111 note 2 “A Trewant upon sicknes. Not debate upon matters wee have not thought of ourselves before.” A, f. 37.
page 111 note 3 “That Mr. Attorney might prepare himselfe for the Conference with the Commons and that messengers bee sent to the Commons for a meeting.” B.
page 111 note 4 “Intimation that wee have not wayed any thinge in our Judgments but have heard the Resolutions.” A, f. 37.
page 112 note 1 “I spoke to the Clerke of the Court that hee should take heade what he entered.” B.
page 112 note 2 “E[arl] of Devon. That a message bee sent to the Commons concerning the great buisines nowe before their lordships, and that they come prepared to make answeres if neede bee. To meete by 2 this afternoone, painted Chamber by Committees of both Howses.” B.
page 112 note 3 “That some lords withdrawe to compile that which should bee delivered as concerning the Judges.” B.
page 112 note 4 “What concernes the Judges, by one of our owne bodye, what concernes law by Mr. Attorney.” A, f. 37v.
page 112 note 5 “as a Peere.” B.
page 112 note 6 Then follows this list of names:
“Bishop of Lincoln, Marshall, Steward, Say, Norwich, L[ord] D[uke] of B[uckingham], President, Devon, Weston, Spencer, North, Grey.” B.
page 113 note 1 “The Bishop of Lincoln free of blame. The nowe Lord Keeper falsely complayned of. That which concernes the warden of the Fleete to bee lefte to the Lord Keeper to determine uppon Hearing in Court.” B.
page 116 note 1 Added: “And upon the same ground anyone might saye hee endeavored to sowe sedition betweene Kinge and his people.” A, f. 39.
page 116 note 2 “I am sorry there is such a Member in the howse of Commons as Mr. Selden. If that bee true, as Mr. Attorney sayes, hee deserves death.” A, f. 39.
page 116 note 3 “This buisines to bee considered of some other tyme.” B.
page 117 note 1 “Lord Say. To shew some intimacion of disavowing and disallowing those wordes excepted against and laying them upon Serieant Ashley.
“Ad. ad libitum.
Lord Grey. Serieant Ashley to bee brought to the Barre there to acknowledg his offence to the King, this howse, and the howse of Commons, and there to aske forgivnes.
“The howse resumed.” A, f. 42V.
page 119 note 1 “That it was enfourced by the gentlemen of the Commons Howse, and graunted by the Kings Counsell that Magna Charta stood in force. My question shall bee whether wee shall assent or discent from this.” B.
page 120 note 1 “The pressing occasions that caused this parlement I knowe; and if speedy course bee not taken, it will make the cause desperate. The ending of this buisines will be a further of a staying of that occasion. They had wisely desired your aide in this matter. That they require to lymitt the Kings power and his Counsells which I shall not assent to.” B.
page 120 note 2 “What the other lord said, I shall assent, but I thinke it is not tyme yett to enter uppon that. Nowe to consider of their demaunds. Thatwhich they made first, wee must make last; that is, whether wee shall ioyne with them. And that must bee after the full debate of all the rest.” B.
page 120 note 3 “The Question shortely is the validitie of Legem terre. That the King as head might enioy that priviledge, and the members their libertie.” B.
page 121 note 1 “That what any speakes in the discussing of this nice question, whatsoever wordes may bee spoken that may suffer any reflection or doable construction, that the Author himselfe may bee his owne expositor, and that nothing may bee related out of the howse but according to his owne exposicion.” A, f. 43.
page 121 note 2 “The Question breefely is, whether the King may committ without present cause shewed.” B.
page 121 note 3 “That as the Statute of Magna Charta for the Subiect bee seene, soe the Statute of Westminster bee likewise viewed for the libertie of the King.” B.
page 124 note 1 “Hee doeth concurre with the last Lord in the manner. True prerogative is that which a Kynge hath in the behoofe and protecion of the Kynge.” A, f. 44.
page 125 note 1 “These Resolucions wee had from the howse of Commons, and they are Resolutions and not questions. Wee have not libertye to alter their Theses but wee must take them into consideracion, totidem verbio conceptis.” A, f. 44.
page 125 note 2 “God forbidd that a man should bee committed not haveing any remedy.” B.
page 129 note 1 “That the custome of England, tyme out of mynde, is the lawe of England. That taking away of the power of the Counsell boarde is the meanes of distroying the lawes of this Realme. That the committment without cause shewed, hath bine auncient, and accustomable. That hee cannot give his voyce to the Question as it is brought from the Commons.” B.
page 129 note 2 “Not to undertake to answere this great lord in that large circle hee hath gone. That wee might have a Reconference with the Commons. That theis questions and obiections hee made might bee there discussed, not for the staying of the buisines but for the farthering of a speedy end, and the more intellectually.” B.
page 129 note 3 “I doe agree that noe free man ought to bee Committed ordinaryly and generally without not onely a Just cause but a Just cause expressed soe that the expression of the cause doe not destroy the cause nor matter for which hee is imprisoned. Compare the Course of State and the lawes and you shall see they agree together in substance though not in forme and you shall see they meete together in the end.” A, f. 45.
page 131 note 1 “The lawe, standing as it doth, preserveth the prerogative and the Subiects libertie. The destroying of it and making an other, the King may suspend that, then the Subiects loose all. That as theis things stand, wee cannot ioyne with the Commons.” B.
page 131 note 1 “Severall reasons cause mee to speake, the dutie to the King, this House, the Kingdome. His Ma[jesty] most gratious to suffer theis things discussed. But I as well admire his discreation as his favor in giveing way to this, because that great respect and great distance to the prerogative hath bine used. I have desired it might bee broken in peeces to have it accomodated by his Majestie. I cannot give my voice to the question as it came from the Commons Howse. And soe to come to a speedy end and conclusion.” B.
page 131 note 3 “That wee may goe to the Conference upon this point, that this question soe proposed from the howse of Commons doth straighten the Kings power.” A, f. 45.
“That wee might have a Conference with the Commons. If wee goe to make an end as it is, wee distroye all the buisines.” B.
page 131 note 4 “That this matter hath bine fully debated. That wee might end the buisines without any Conference.” B.
page 131 note 5 “And seke a way to avoide a disunion with the Commons.” B.
page 132 note 1 “That for matter of forme or want of words, this great matter should not bee distroyed. And that wee might have a Conference with the Commons for their desire and intent never was to trench uppon the Prerogative.” B.
page 131 note 2 “That wee are not ready to put this to a Question nor to have a conference. That by our disunion wee weaken ourselves to give occasion for our Enymies to laffe at us, our friends will bewaile us. That wee rise nawe, suspend this debate till to morrowe morning that wayes may be thought of for accomodacion.” B.
page 133 note 1 “That wee may with all sweetenes and fairenes labour to unite ourselves with the Commons and to accomodate this matter that, by our union, wee might make our Master greate. And not to cast out this great buisines for one daies debate.” B.
page 133 note 2 “That the proposicion brought from the Commons is in such words that it doth uppon the matter take away all Prerogative. That wee leave of all longe dispute and witts of men and consider the end of our calling togeather.” B.
page 134 note 1 “E[arl] of Dorsett. Wee have taken their Conclusion into consideration and because there was a varietie of opinions wee have desired a Conference for Accomodacion.
“E[arl] of Berks. Because upon long debate wee could not tell what to resolve on wee thinke it fitt to conferre with them for Accpmodacion.” A, f. 45v.
page 135 note 1 “That the great buisines hath bine had in consideracion. That wee acknowledge the Sta[tutes]. That wee concente to the substance of their Resolucions. That wee consider of the Resolucion of the Commons, that Wee consider of it to mainteine the libertie of the Subiect and preserve the prerogative of the King.” B.
page 135 note 2 Before Buckingham the Earl Marshall spoke: “That whereas wee have received a Message touching their care of cleering scruples if any such arise, that upon serious Consideracion of the Maine buysynes some propositions have risen ex re natâ tending to an Accomodacion which, that wee may mutually concurre in, wee have desired a Conference.” A, f. 46.
page 136 note 1 “That in what hee hath differed from others this Parliament, hath not bine by reason of any speritt of controversie. That wee send not to the Commons about this buisines till wee resolve of some certainties, but that wee send that they may sitt till they heare of us.” B.
page 136 note 2 “Lord Bishop of Exon. That a Committee bee appointed to drawe upp this matter and then to have it offered to the Howse.” B.
“Lord Steward. A Committee of twelve, 6 of one opinion and 6 of another.” A, f. 46.
page 137 note 1 “E[arl] Marshall. To consider of the worke of the daye and, beeing you expect for a Conference from the howse of Commons, to move to prepare the grounds of the debate.
“Agreed the Committee to withdraw and prepare the grounds of the Conference.
“Ad. ad libitum. Resumed.” A, f. 47.
page 137 note 2 “Lord Steward. To hasten the buysynes, thanke them for their good Correspondencye and for the tyme and place of this meeting the house of Commons shall in Convenient tyme by Messengers of their owne.” A, f. 47.
page 138 note 1 “Jo. Nasby, Renold Horsley, William Meunell, Margarertt Waye, Henry Fich gent: sworne in Horselyes Case.” B.
page 139 note 1 “but to her as a lady they graunted her libertie.” B.
page 142 note 1 “Ordered the goods of the E[arl] of Warwicke to bee released. That E[arl] of Warwick will answere any suite after the parlement. To bee released paying fees.” B.
page 143 note 1 “The E[arl] of Danby was brought in betweene the Earles of Exon and Norwich and placed by Garter between the Earles of Malgrave and Totnes.” B.
page 143 note 2 Put the Lords in minde of a President touching the goods of one Augustine Coles whose goods were attached in tyme of priviledg of parlement, and delyvered to him againe. The Order of 4 Julii 1625 was read.” A, f. 55.
page 143 note 3 “Lord Spencer. That those that wave their priviledges may wave them, to themselves and their posteritie.” A, f. 55.
page 144 note 1 “It falls uppon severall pointes, this particular nowe considered that a lord ought not to swere otherwise then uppon protestacion of Honor.” B.
page 144 note 2 “The bill referred to their lordships had bine considered of, was to bee amended according to direccions or an other bill drawed to the same purpose.” B.
page 144 note 3 “(as a Baron)”.
page 144 note 4 “eleven Judges.” B.
page 145 note 1 “That the proceeding at the Committee was very carefully handled. That consideracion was had of severall proceedings in most Courts. That in the Chauncery there are severall presidents that protestacion uppon Honor have bine taken.” B.
page 145 note 2 “Noe Priviledge but it falls upon some inconvenience. It seemes strange that it having bine formerly graunted that the protestacion of Honor of the nobilitie hath bine formerly taken and nowe seemes to bee questioned.” B.
page 145 note 3 “That if it hath bine the constant use for 100 yeeres or there abouts and continued since, it must bee graunted.” B.
page 145 note 1 “That if some particular shall swere, it ought not to conclude our Honor; but if it hath bine graunted to any to protest uppon Honor, it is to bee conceaved that would not have bine done had it not bine right. Further urged that if a lorde shall stand uppon protestacion of honor that bee refused and processe accorded and hee compelled to take oath, ought not to binde as in this particular.” B.
page 146 note 1 “I am of opinion that it hath bine allowed our Auncestors, and that wee deserve it as they had it. That it is the right of this Howse. But what I shall saie will bee that wee might enioye it in the vacancie of a parlement, that is to waite uppon the King after wee have voated it here, whereby wee give good respect to his Majestie. Otherwise I feare wee shall not enioy what wee nowe resolve of.” B.
page 147 note 1 “Lord Keeper. That that which was done in the Starrchamber was done upon mature deliberation there beeing present eleven Judges whoe gave their opinions that it was Lawe, and if it bee Lawe hee was by his Oath mayneteyned to proceede according [to] Lawe.
“Ad. ad libitum.
“Lord Saye. The same bloud that ranne in your Ancestours—propps of the Monarchye—A marke of the distinction—Judges delivering it is a pointe of Lawe if you agree to every point—you will overthrowe all priviledg. The Ancyent answere.
“President. I was present at the giving the sentence at Starrchamber and my opynion was that a Noble man might give in his Answere upon his Honour.
“Bishop Bath et Wells. Moved, seeing that this is to bee looked into by posteritye and others whoe may doubt whether this protestacion upon honour doe binde as much as a Common Oath, your lordships will set downe after your declaracions that you are all of opynion that protestacion doeth bind fully and strictly, yea more then a Common Oath.
“Bishop of Exon. Moved that Peeres might laye their hands upon their breasts and say, soe helpe me God and upon my honour.
“Resumed.
“Lord Keeper. It was conceived by the Privye Counsell and Judges that this protestacion upon honour was not obligatory.” A, ff. 56v–57.
page 149 note 1 “House adiourned.
“That the Peticion might bee altered before it bee presented to his Majestie and that the Howse would not insiste uppon particulars and recitalls of the breaking of the lawes.
“Moved that the particulars mencioned in the Peticion might bee offered with the peticion to his Majestie. For not insisting uppon particulars, wee utterly destroie the buisines and in offering the Peticion with generalls wee shall doe nothing.
“Lord Bishop of Lincoln. That particulars might bee recited in the peticion, for soe it is usuall in all instruments of this nature and in the prefaces of the best laws that have bine formerly made. But this I desire might bee with the greatest sweetnes that might bee thought on.
“E[arl] of Bristol. That the matters in debate bee considered of by a selecte number and offered to the Howse againe. That the particulars bee insisted uppon but with much sweetnes, and that there bee respect had to them from whom it came.
“E[arl] of Dorsett. That such particulars as might give distaste to his Majestie might bee left out. That the words in the peticion are good and well sewted and those I dislike not. That wee might soe present the matter in question that wee may have a gratious answere with a gratious Hart.
“Lord Steward. That the particulars bee resisted but with as much sweetnes as may bee. That the Committee, to whom it shall bee referred to, consider of the particulars and offer them to the Howse and this Howse to offer it to the Commons.
“E[arl] Marshall. That the particulars bee swetly touched by the Committee, and that they bee soe handled as the[y] conduce to those ends wee all desire.” B.
page 150 note 1 “Lord Bishop of Norwich. The Pointe nowe lefte to debate is the substance of all, and therefore hee moved that it might bee putt of till some other day. Agreed.” B.
page 152 note 1 “After longe debate whether the Howse should bee proceeded in or noe this night, it was at last resolved to bee nowe proceeded in.” B.
page 153 note 1 Instead of speakers given here before Montgomery:
“Lord Save. I heard, beeing absent, that there was an imputation layed upon them that were absent and I knowe noe Lord was blameable, for it was a positive Order, for the Lord Keeper asked whether it was your lordships pleasure to put off the greate buysynes till to morrow and it was not denyed.” A, f. 63.
“E[arl] of Essex and others that were absent gave the leases otheir being absent yesterday and what moved them thereunto, but doe neither acknowledge an error in it nor require excuse for the same.” B.
page 153 note 2 “When my Lord Westmerland moved to have the Bill read, there was question made of it and greate contradiction, and I stopped the Clerke twice or thrice from reading the Bill and asked your lordships whether you would goe on with my Lord of Abergavennys byll [or] whether you would goe forward in the Buysynes of the daye.] A, f. 63.
page 154 note 1 “That my Lord Grey might explayne himselfe and that those wordes which now hee shall delyver may stand for what hee spoke.” A, f. 63.
page 154 note 2 “E[arl] Essex. If it bee your lordships pleasure to goe on with this Bill, will your lordships please to put off the greate buynynes for this night. And my Lord Westmerland sayed if I had not thought that had beene your lordships meaning, I would never have moved to have the Bill read. And upon that, my Lord Keeper asked whether you would agree unto it, and it was consented to, neyther did I heare any man denye it.” A, f. 63.
page 155 note 1 “Whether they have intencion to take anythynge away from that necessary prerogative in cases irremediable or noe, if not to put that in an exceptive Parenthosis.” A, f. 64.
page 157 note 1 “If wee conclude not that point there will bee noe neede of farther debate.” A, f. 66.
page 158 note 1 “There was a mistaking of that which was delyvered by those of the house of Commons.” A, f. 66v.
page 158 note 2 “That hee heard many of the house that sate beyond Sir Edward Cooke as assistants that sayd they disavowed what Sir Edward sayed touching that point of the peticion beeing voated, in regard he had mistaken much what was given him in charge to saye.” A, f. 66v.
“It was enfourmed the Howse that Sir Edward Cooke was utterly mistaken in the delivery of the message from the Commons.” B.
page 159 note 1 “Whether it were in a Parlementary way to iustifie all the alteracions. That wee should not goe by way of Anticipation of letter before wee had taken the particulars of the peticion into dispute. That Grievances were to bee presented to the Kynge by the bodye of the Kyngdome and answere to bee gyven by the Kynge upon Record and not by way of Anticipation or a copye of letter.” A, ff. 66v–67.
page 159 note 2 “That their lordships conceaved that they have an intent of waving the letter which, if that bee, wee are in a labarinth and where wee were before. That they alledge it to bee a longe way to undertake the Peticion, but that the particulars of the Peticion bee entered uppon.” B.
page 159 note 3 “They thinke our way to bee long and they thynke ours, wherefore to husband tyme, which wee both desire, seein [sic] our grievances are well knowen to the Kynge by our debates, to trust the Kynge. That if they desired an Answer, to give them the generall answere. To mollifie the termes and not to change the substance. And then to propound if they will ioyne with us touching the point of imprisonment which if they will it will bee tyme to fall into debate of the other points afterwards.” A, f. 67.
page 160 note 1 “To quallifie their peticion according to the effect of this letter. Justifie that which was propounded was in a parlementary way for you did not give them the letter as a conclusion to the peticion but, receiving such a letter from the Kynge, you delyvered the letter that they myght quallifie the peticion to the effect of the letter in such wyse as they might hope to receive a good Answere from the Kynge upon Record in a parlementary way. For the alteracions, they did not intend to alter any thinge of the substance; but, yf they supose the substance to bee invaded upon, to shew the reason of it.” A, f. 67.
page 160 note 2 “That, if they will not recede from their peticion, then to desire that the debate of the mayne point of imprisonment may have the Precedencye, and to debate it first heere before wee enter into dispute upon it with them.” A, f. 67v.
page 161 note 1 “That which we voted the other night was to move the house of Commons to reduce their peticion within the limits of the letter. Now, because wee cannot move them, shall wee recede from our owne Resolucions.” A, f. 67v.
“That having resolved to bound the peticion within the scope of the Kings gratious letter, the Commons discenting, I see noe cause whie wee should receade.” B.
page 162 note 1 “That wee have proceeded according to the order the other day. That wee have offered the Kings letter to the Commons whoe have declyned it. It is noe cause whie wee should bee tyed upp or overawed with the name of the Kings letter in the handling of this buisines.” B.
page 162 note 2 “That wee have fully perfourmed the order the last daie and soe that wee have, in the expression of our dutie to his Majestie, in some measure gone against our owne Right.” B.
page 163 note 1 “That beeing wee had a light from the Kinge in the point of imprisonment, I thynke it is our worke to drawe the peticion in that point to the effect of that light wee have received from the King.” A, f. 68.
“That the Kings letter is not satisfactorie to the Peticion.” B.
page 163 note 2 “To accomodate that point of the peticion and to leave the debate of it till to morrow morning.” A, f. 68.
page 163 note 3 “E[arl] of Devon. That the lawe of the land is the prerogative, the Civill lawe, and other government and lawe in the land, are as well the law of the land as the Common lawe practised in Westminster Hall.” B.
page 163 note 4 “That wee may proceed in the buisines and have a respect to his Majesties letter in minde only, and seeke to goe on with the Commons as wee in our iudgements shall thinke fitt.” B.
page 164 note 1 “I shall agree to an accomodacion if you will agree to that that notwithstanding the Accomodacion yet if the Accomodacion cannot bee effected it may not bee implyed that wee have not thereby deserted the peticion in that point.” A, f. 68.
page 165 note 1 “That hee bee not restored but that the bill bee cast out.” B.
page 165 note 2 “Dorsett. Idem.” B.
page 166 note 1 “That the Monarchie is as a bodie, the King the head, the Commons the members, and wee the great Councell of the Kingdome, and this is hereditorie to us. Wee are equally enioyned as the Commons for our younger children are the Commons.” B.
page 167 note 1 “Our Mayne end to derogate nothinge from the Kynges iust prerogative, nor anythynge from the setled lawes of the land, but wee must soe doe it as the house of Commons may ioyne with us. Wee must bringe noe new thynge into the peticion, and wee must avoyde those two Rocks of bringing any Affirmation of the Kynges prerogative in particulars, that the howse of Commons will never lyke of, nor any negation in particulars that the Kyynge soe magnanimous hee is that hee wyll not relish it.” A, f. 69.
page 167 note 2 “This peticion consists of a Narrative and of a prayer. The substance of the Narrative is that after a Recitall of the Acts of Parliament that some men have been imprisoned without shewing cause, yet for such cause which beeing admitted, to bee true was determinable by the lawe. I am of opynion that they will perswade the Kynge that there may bee some mollification used in the rigour heretofore used. Noe man ought to bee imprisoned but a cleere and direct cause ought to bee shewed unlesse the very declaring of the cause will destroye the buysynes and in such case for a tyme a generall cause may serve. Agreeable unto divinitye unto reason that tuere should bee a cause shewed except prout anteá. Request that hee would bee pleased to declare in cleere and perspicuous termes that noe man may bee afraid hereafter but may goe on cheerefully in his calling. The Excercise of the prerogative must bee soe used as it may stand with the libertye of the lawe. That prerogative may not be affirmed nor the libertye denyed but that such a hand carryed as the full demands may bee granted.” A, f. 69. This includes other speakers besides the Lord Keeper.
page 168 note 1 “That wee may ioyne with the Commons that, unlesse it bee in some great cause only, a cause may bee shewed. The blessed King lately governing over us who is nowe with God, howe mildly and fairely over us? What was there that the late Queene could desire of her Subiects that shee could not have of them. I knowe not howe it comes to passe that soe much asperacion that nowe is should come to passe that many of much renowne have bine committed and the King hath not gott 2s by it. I shall desire that wee may all ioyne in a Peticion to his Majestie to avoide the like hereafter.” B.
page 168 note 2 “That the Prerogative stands with the maintenance of the Subiects libertie. I cannot thinke of an accomodacion to leassen the Subiects libertie, and that I thinke cannot bee to alter the Substance of the Peticion. That there hath bine many gentlemen of the best rancke and no cause shewed. That many here have bine imprisoned and close imprisoned and noe cause shewed, soe that wee have iust cause to take noatice of it. Hether it comes, because in inferior Courts there hath bine noe remedy. Offered and mainteined here on the affirmative that a man being committed at pleasure and lying there without cause shewed is as much as any Bondman can suffer. That this pointe being insisted on in Parliament, and it being mainteined that the Commitments are according to lawe, if the Parliament give way to it the lawes are then gone. That if a man may bee committed per speciale mandatum his life and goods may as well bee taken from him.” B.
page 168 note 3 “I will not dispare of an accomodacion. A Rev[erend] bishop of the bishops bench hath laid a good foundacion in the generall. To answere part of what the lord that last spake, that the Subiect desiring that which the King thinkes his and bee not graunted to the subiect should overthrowe the subiects Right, I am of an other opinion. I desire that wee may goe a middle way, that the lord bishop discend to particulars. “Lord Bishop of Lincoln. I conceave that the preface of the letter was not the Kings. Hee being not here, it must needes bee related to him by some of the lords. But the latter parte gives mee full and good satisfacion by the word hereafter. I have bine a man that have suffered as much one way or other as any man whatsoever.” B.
page 169 note 1 “and the Bill of the Sabbath ad[journed] to that tyme.” A, f. 70.
page 169 note 2 “They have had many proposicions but they have fallen upon one but not concluded of it but propounded it onely that it should not binde or conclude any man farther then to bee a subject of a debate to morrow.” A, f. 71.
page 170 note 1 Before Buckingham:
“Lord Steward. TO offer both the proposicion of the Erie of Arundell and of the Lord Bishop of Lincoln.” A, f. 72.
“The offer of Accomodacion made by the Bishop of Lincoln.
”The Narracion to stand thus as it doth. Divers of your Majesties Subjects have been imprisoned without cause shewed. And when for their deliverance they were brought, etc.
“The Peticion to bee altered thus. And that no Free Man bee, etc., for not lending of money, or for any other cause contrary to Magna Charta and the other 6 Statutes insisted upon. And the true intencion of the same to bee declared by your Majesties Judges (in any such matter as is before mencioned) imprisoned or deteyned.
“The Kings Answer (according to his gracious intencion) maybe thus. Neither wee, nor our privy Councell, shall or will at any time heereafter commit or Commaund to prison, or otherwise restraine the persons of any for not lending of money unto us, nor for any other Cause contrary to the true intencion of Magna charta and those other 6 Statutes insisted upon, to bee expounded by our Judges in that behalfe.” Harl. 6800, f. 274.
page 171 note 1 “E[arl] of Bristoll. I shall not discent from the Lord that last spacke. I conceave this morning to bee appointed for the considering of a proposicion offered to the Committee yesterday and resolved to bee nowe considered.
“Agreed that the Proposicion of the Lord Bishop of Lincoln and the E[arl] of Arundells nowe offered this morning might bee offered to the Commons at the Conference.” B.
page 171 note 2 “Let not the proposicion that first yssued from mee till I have made some exceptions to yt my selfe.” A, f. 72.
page 171 note 3 “which was that if the Subiect were bayleable, the Retourne being per speciale mandatum; but if hee bee not bayleable, the Proposicion is not worthie of further consideracion.” B.
page 171 note 4 “That the Peticion is, it is drawne noe other, then to provide for the Subiects libertie without the leaste reflection uppon the Kings Prerogative, and that the Peticion is as well drawne as may bee. That the nameing of the word Prerogative hath done much hurt and caused an unhappie disunion of the King and Subiects. That the nameing of the prerogative may be much hurtefull to the Subiect cane bee no hurt to the Kings power. That uppon Comocion or Civell warr, the Prerogative may bee used for the taking away of offenders lives, soe uppon an extremitie to wast corne or pull downe mens houses, yett were it insufferable that there should bee an expression of this libertie in a lawe, because by that there might bee pretences for abuseing of this power.” B.
page 172 note 1 “I did never despaire of a good yssue of this parlement but I am now of hope that wee shall this daye lay a good foundacion of a happy parlement. I doe beeleeve the rights of a Subject to bee as it is exprest in that peticion. The first proposicion I hold very well but it may [be] a Subiect of a further debate; the second comes neerer to the purpose. One reason why the power cannot bee tacite for that power which is not knowen and confest cannot bee obeyed. That wee doe present this peticion to his Majesty with an expression of a true preservacion of the iust libertyes of the Subiect and the iust power of the Kynge.” A, f. 72.
“I never dispared of a good issue of this parlement but nowe have much more hope. That the prerogative bee mencioned because an unknowne Power will not be obeyed. That uppon the offering of the Peticion, a protestacion bee made that as they desire the Subiects libertie soe they likewise desire the preservacion of the Prerogative.” B.
page 173 note 1 “Lord Bishop of Lincoln. That if the Subiect bee bayleable (that is) that if not at the first or second Habeas Corpus yett after a cause bee expressed whereby a remedy by ordinary course of lawe may bee taken, or otherwise my Proposicion is not worth hearing.
“E[arl] of Clare. This that came from the E[arl] Marshall more plane then the other and that some fewe may putt that in fourme which for the matter wee all agree to. That messengers bee sent for to have a Conference this morning.
“Lord Bishop of Norwich and Co. et Lich. That if that which shall bee offered to the Commons doe not like, then that they drawe upp what they thinke fitt and ofiered them selves.” B.
page 174 note 1 Before the message to the Commons: “Hodie 2da vice lecta est Billa. An Act pro Suttons Hospitall.” A, f. 73.
page 175 note 1 “Say. Idem.
“E[arl] Marshall. Soe that they agree to the latter, wee should agree to them concerning the amendments.” B.
page 175 note 2 “To send them word that wee wyll not stand with them about the alteracions, and to hasten them in their Resolucions concerning the Addicion.” A, f. 73.
page 175 note 3 “That wee give way to them in their way, but that wee have a Conference. There give some reasons that induced us to the alteracion and after, uppon better reason, to give way to them.” B.
page 175 note 4 “I shall stand to that which was offered by a Bishop. That was, that if hee had bine a Privie Councellor, hee would never agree to the Peticion as it was brought upp. I wish that that which concernes the acts of the Councell might bee sweetened, then that wee might unanimously to agree in it.” B.
page 176 note 1 “Bishop of Bath. Being the addicion reflects uppon all the peticion, they cannot enter into consideracion of the addicion till they knovre your lordships resolucion. I differ in that because the alteracions are but forme and are not essentiall. I move that wee might agree to them in this forme for the husbanding of tyme.
“Lord Archbishop. That wee agree with them in this forme, and that wee loose not tyme uppon cercumtance, least in the meane tyme those that are neere us to suffer in matters of great consequence.” B.
page 176 note 2 “That wee agree with the Commons in their peticion as it is, for if wee shall insiste uppon the alteracions wee shall, I feare, spend much tyme and uppon theis particulars, vizt., whether the othe bee lawfull or noe, marshall lawe and musters which for saveing of tyme I wish were passed over, and I doubt not but that his Majesties Prerogative is very safely provided for.” B.
page 176 note 3 “I shall agree to the Method proposed by the Bishop of Lincoln soe that it bee agreed by your Lordships and voated that this Addicion doe reflect upon all the parts of the Peticion.” A, f. 73.
page 176 note 4 “If you extend this Addicion to every particular in the peticion, the peticion is quite overthrowen.” A, f. 73v.
page 176 note 5 “I doe not thynke it will fall into the Breast of any honest man soe farre to reserve Sovereignetye of power to the Kynge that a man may againe suffer in that kynd before compleyned of. I should thynke it would cleere the Addicion much if instead of Due regard were put in intencion.” A, f. 73v.
page 177 note 1 “Bristol” written above. A, f. 73v.
page 176 note 2 “That I cannot give way that the word unlawfull bee used, but that the word ellegall may bee used instead of it; otherwise I must declare myselfe not content with that word.” B.
page 176 note 3 “For the Scripture sayeth, that noe man should lay violente hands uppon himselfe; much lesse, I think, in matter of honor and reputacion, bee deerer to us then life that wee should accuse ourselves.” B.
page 178 note 1 “If wee confesse this Oath administred to bee unlawfull, I doe not know how farr they wyll extend this confession of ours. According to the old Proverbs, Confesse and be hanged.” A, f. 74.
page 178 note 2 “Those that were of the Committee and did propound these alteracions might have some place the more conveniently to offer their reasons for their Alteracions.” A, f. 74.
page 179 note 1 “to propound unto them to meete and thynke of some heads to make a Law to that purpose.” A, f. 74.
page 179 note 2 “Hee heard some what with griefe at the Conference touching the Oath. I hoped they had looked forward onely, yet Sir Edward Cooke let some wordes fall that would shew his Intencion to put those that Administred the Oath to their pardons.” A, f. 75.
“It seemes strange to mee that when the word unlawfull was mencioned at the debate, the gentleman imployed from the Commons should answere there was a generall Pardon at the end of the Session. And if it bee to looke backe, I will never give waye to it.” B.
page 179 note 3 “That being it is a tyme of Jubely, and such a tyme wherein there is noe intent of looking backe uppon any thing nowe complayned of; that wee, who nowe stand in the Kings disfavour originally (perhapes) occasioned for refusing the loanes, might have our causes presented to his Majestie and that the Cloude of his Majesties displeasure might bee removed. For my parte, I esteeme the displeasure of my Prince, being the debarr of all promocion or imployment in the State, to bee fully equall to cloose imprisonment. And if this thing bee not graunted, wee must in a Peticion of Grievance, though I cannot saie in a Peticion of Right, move his Majestie on this behalfe.” B.
page 179 note 4 “E[arl] of Arundell, E[arl] of Warwicke, Lord viscount Say et S., E[arl] of Essex, Lord Grey of W., E[arl] of Clare, to the same effect.” B.
page 180 note 1 “That where uppon the like occasion the King had removed any lords leiftennants, Justices, or other officers, uppon this refusall, they might bee sett in the same state as before. Which was declyned by oppinion of the Howse because the King had free power of all places of imployment in the State of that nature and therefore at his owne free will and pleasure to dispose of.” B.
page 180 note 2 “I have suffered under this cloude and untill it bee withdrawen I shall wither.” A, f. 75.
page 180 note 3 “I crave pardon for taking the boldnes to tell your Lordships that I shall reporte the desires of every particular man with the best advantage I may, and I hope I shall not deserve ill for telling tales out of schoole.” A, f. 75v.
page 180 note 4 “The sence of the whole house to have a Quallification of this word unlawfull soe that it might rellish with the lower howse. But to voate the peticion with this word, wee cannot untill wee have heard the opynions of the Judges whether it bee lawfull or unlawfull.” A, f. 76.
page 181 note 1 “That the word unlawfull bee altered or otherwise wee cannot ioyne with them.” B.
page 181 note 2 “Certainely if the Lower house wyll insist upon the word, wee must come back to the Question whether it bee lawfull or noe. Shall wee hazard the mayne buysynes by putting a word that is too hard. Not to goe to the Q[uestion] supra totam materiam, but first to thynke of some such words as may quallifie it. Hee tooke his exceptions to the wordes offered by the E[arl] of Dorsett and gave his reasons for them. Then hee propounded termes of Quallifications, Illegall and not warrantable by law.” A, f. 76.
page 181 note 3 “To goe with soe much uncertainety that yf they stick upon it they shall conceive that wee wyll come unto it.
“Canter[bury]. Explayned himselfe that hee intended not to laye the wordes upon any particular man but spake in his owne particular.” A, f. 76v.
page 182 note 1 “That it is the sence of the howse to insist upon this Quallification.” A, f. 76v.
page 182 note 3 “Bishop of Lincoln. To intimate unto them that wee thynke it is satisfactory.” A, f. 76v.
page 182 note 3 “Dorsett. To accord that point too of the Addicion.
“Marshall. Not to debate farther of that point of the Addicion for it is not seasonable for us, wee having left it wyth them.” A, f. 76v.
page 183 note 1 “with the Addicion of Bolingbrooke.” A, f. 77.
page 184 note 1 “That wee might resolve of what wee would condescend unto and presently send them word.” B.
page 184 note 2 “Lord Bishop of Lincoln. That wee might take deliberacion of this great question and not conclude it presently.” B.
page 185 note 1 “To let them know wee have Considered this, that wee offered it not for Conveniencye as Peeres but upon reasons well contemplated.” A, f. 79.
page 185 note 2 “It is strange that our Intention should bee one and yet wee should not bee able to expresse that Intencion. That you would be pleased, as they have reserved themselves out of respect, soe that wee should endeavour to meete with them in a midle way before wee voate any thinge peremptoryly.” A, f. 79v.
page 186 note 1 “That wee might thinke of some middle way before wee come to any conclusion. It appeares they of the Commons have not voated this whereby they shewe respect and reservednes. That to the particular cause, that wee shall conceave doth concerne the prerogative, some fewe words to that alone.” B.
page 186 note 2 “That wee, having said thus much of the Kings prerogative, I thinke wee cannot agree with them in the Peticion without a saveing to his Majesties Prerogative. And therefore I shall never condiscend to the Peticion without a saving. But that, I desire, might bee in as sweete termes as might bee.” B.
page 186 note 3 “That it bee resolved heere among us that there bee a saving, and to morrow to debate what that saving is.” A, f. 79v.
page 186 note 4 “I doe thynke the Prerogative of the Kynge is not toucht and therefore there is no neede of a Saving. I thynke it necessary that wee have a Conference with the howse of Commons before wee voate or conclude any thynge. The[y] came with their reasons of excepting against a saving, soe let us gyve them our reasons for our savinge.” A, f. 79v.
page 187 note 1 “The true use of saving in respect of these 3 sorts of people: the Learned, the Wyse, and the ignorant Multitude.” A, f. 79v.
“That wee putt it to the Question whether wee shall ioyne with them or noe.” B.
page 187 note 2 “E[arl] Marshall. TO resolve now that wee doe nothynge till too morrow.” A, f. 80.
page 188 note 1 “If you resolve on Alteration then that the Bishop offered first. To change due Regard into true Intencion, and Soveraigne Power into Prerogative. But, my Lords, first I thynke wee owe it to our selves as it hath beene moved to inable ourselves by debate with our Reasons for the Alteration.” A, f. 81.
page 188 note 2 “I hope your Lordships wyll in this greate point of the libertye of the Subject speake plainely and not let it depend upon any nice and thynne distinction which one amongst an hundred doeth not understand.” A, f. 81v.
page 188 note 3 “Thynke it standes not with the Nature and Honor of this house to goe to a Conference before wee bee strengthened with sound reasons to answere their Objections: What showld wee provide for that which is noe way in danger: I have heard a Learned man of the Erles bench saye that the Kynges Prerogative is soe safe that though wee should make An Act of Parliament to that purpose wee can noe way distroye it.” A, f. 81v.
page 189 note 1 “I doe thinke after this debating that wee should resolve of some Addicion the same, or other. That you would bee pleased to thynke of fittinge reasons and then to send for a Conference.” A, f. 81v.
page 189 note 2 “Whyle wee thynke of other meanes wee loose tvme.” A, f. 82.
page 189 note 3 “That it must be resolved whether the Kings prerogative bee saved in every particular here complayned of in the Peticion or the transendent causes which are above theis. This being resolved, wee may goe on, otherwise wee cannot.” B.
page 189 note 4 “Wee shall but loose tyme to have a Conference with them in this point wherein they have allready shewen their Resolutions. Let us first know whether a Savinge bee necessary before wee enter into debate of reasons of mainetayning a saving.” A, f. 82.
page 189 note 5 “That this addicion to the Peticion may leave us worse then the lawes nowe leave us. If there bee nothing in the peticion more then the libertie of the Subiect, there neede no saveing of the Prerogative of the King.” B.
page 190 note 1 “Of the same mynde as Epus. Lincoln.” A, f. 82.
page 190 note 2 “I desire that it might bee put to the Question whether wee shall have a saving or noe. If not soe, whether we should putt that to the Question or noe.” B.
page 190 note 3 “Although I thinke the lord that spake last better than I, yett soe much I understand of his Majesties minde by the message this day that wee should resolve whether wee shall ioyne with the Commons or noe. And if you will have the Question made, it must bee whether wee shall ioyne or not.
“Lord Say. That the Howse bee put into a Committee and that wee might not resolve any thing by question till wee have a Conference.” B.
page 191 note 1 “Lord Keeper. To give them all the satisfaction. To accept this Addicion the way to fortifye our owne and give objections to their reasons.
“1. The sense of both houses to preserve the iust libertie and not to diminish the iust power.
“2. This proposion is soe moderate that it doth noe way trench upon the peticion for what is it but a demonstracion of due respect to the Kynge to leave entire his Soveraigne power, not to change any thynge. Soveraigne power as hee is a Soveraigne, hee hath power, that Soveraigne power quallifyed with the wordes proteccion.
“This for confirmacion of our owne. Now for objections to their reasons.
“1. That it should implye a saving not before expressed in the lawes. That if this peticion were expressed in the direct [t]ermes of the law then, etc.
“2. a doubt whether somethinge might not trench upon the iust Power of the [blank] yet notwithstanding for removing all scruples wee thought fitt to present.
“This is not a direct saving but implyes and yet in former Statutes there hath beene in expresse termes a saving.
“Objection, ill Consequences. Res[ponse]. To prevent ill Consequences.
“Objection. Soveraigne power not usuall in legall proceedings. That then we are come full to offer that which was most easy and the word Prerogative you thought would not bee soe easy yett you doe not insist upon it.
“Objection. That it is from our selves and therefore whatsoever is pretended to bee saved by this hath beene declared before by their Speaker to the Kynge. That it should bee onely declaratory, and not destructive or operative to the preiudice of the Subjects libertye in the peticion upon the Contents of the peticion.” A, ff. 82v–83.
page 192 note 1 “It seemes the buisines is nowe unmasked.” B.
page 192 note 2 “That neyther I my selfe nor any man as I heard was ever positively against Accomodacion. But if yt could not bee obteyned then to returne to the mayne Question whether wee should destroye the substance for any Circumstance.” A, f. 83v.
page 192 note 3 “That wee have endevoured to end the buisines this day. It was not the lords falte that buisines was not ended, but that the Commons sent word that they could not with convenience sitt this afternoone. To morrowe early they will meete.” B.
page 193 note 1 “Cant[erbury]. Humbly thanked their Lordships for their Justice towards a disrespect to the Commons howse. Hee hath accordingly submitted himselfe.” A, f. 85.
page 193 note 2 “E[arl] of Westmerland. If hee thought it would hasten them, hee would wyllingly Condescend unto it.” A, f. 85v.
page 194 note 1 Upon the motion of the Earl of Warwick. A, f. 87.
page 194 note 2 “E[arl] of Warwick. Moved that the Order made the last parlement in the behalfe of the Clerke might bee confirmed.
“Ordered accordingly and the same Order to be renewed for this Session.” A, f. 87.
page 195 note 1 “Buckingham. He spake uppon the sudein, and would only declare narratively what is past. The shipp was taken by the Kings particular diriccion when he was in France. Taken in tyme of peace, the King beinge at Dovorr. Att my coming home I gave letters of Marque. Wheruppon Nicholls takes this shipp in the Kings owne Porte. But first I am to declare that there should be 6 moneths warning gyven before any arrests, which was done by Trumbull to the Archducchesse, and Justice demaunded and yett denyed by her. Yt appeared afterwards that they procurred this letter of Marque meerly for that shipp. Orders afterwards to crosse with this. Allowance made them, wheras they deserved to be punished.
“Warwick. To hear Councell at the barr, for Nicholls hathe a defynitive sentence out of the Courte of Admiraltie.” A, f. 88.
page 196 note 1 “Lord Mountague. Moved for every Lord to sitt in his place.” A, f. 89.
page 197 note 1 “To have a Conference upon this Foote that if there bee any that can finde a newe Commodious waye of Accomodacion hee maye offer it.” A, f. 89.
page 197 note 2 “That wee have a Conference with the Commons. That being wee of both Howses are uppon one and the same minde, that wee might amongst our selves find out the meanes to bring it to an end.” B.
page 198 note 1 “E[arl] of Clark. That the bill of Apparrell cometh not home to prevent those inconveniences that it intends. That it restraines the costly wareing of silkes but not the imbraudering uppon cloath with silke and therefore that it may bee recommitted.” B.
page 198 note 2 “hee knew not whether 11, 12, 13, or 14 hundred pounds.” A, f. 90.
page 199 note 1 “without hearing Counsell.” A, f. 90.
page 199 note 2 “Lord Duke. The sentence to bee gyven heere, the Reparacion to bee made in the place where his Honor was violated. But my Lord to bee moved that latter part may bee omitted.
“E[arl] of Clare. Moved that the Judges myght have a Transcript of his Submission heere and reade it at the Asises.
“E[arl] of Dorsett. Moved a Submission to bee made heere and a Fyne to bee sett upon him.
“E[arl] Marshall. Moved a Submission to bee made heere and entred that a generall satisfaction hath beene given for the reparacion of my Lords Honor.” A, f. 90.
“Lord Noel. That Sir Henry Shurley make satisfacion at the Assises in the Countrey and here at the Barr.
“E[arl] of Westmerland and Lord Bishop of Lincoln. That Sir Henry Shurley should make a Recognicion of his falts only here, not in the Country, to the end that love and neighborhood should bee maintained.
“Lord Duke of Bucks. That the offence is great and that the punishment ought to bee equall to the offence. That Sir Henry acknowledge his falte here and appointed to do the like in the Country, but lefte to the Earle to take off that acknowledgement in the Country for the continuance of love and friendshipp.” B.
page 199 note 3 “In regard wee are exempted from the Oath of supremacye.” A, f. 91.
page 200 note 1 “That wee ioyne with the Commons in the Peticion as it lyeth. But with a Remonstrance aparte in the behalfe of our selves for the preserving of his Majesties prerogative that wee might soe goe to his Majestie as wee might expect a gratious answere.” B.
page 200 note 2 “To goe to declare our Intencions to the same purpose to bee even with the Lower howse.” A, f. 91.
page 200 note 3 “by the same man.” A, f. 91.
page 200 note 4 “which gives mee comfort.” A, f. 91v.
page 201 note 1 “If wee now depart from our Addicion, wee doe in a manner depart from ourselves.” A, f. 91v.
page 201 note 2 “If it bee noe where, I cannot gyve my voate to it.” A, f. 91v.
“The protestacion not being added to the Peticion, I shall tell your lordships I cannot agree to the Peticion.” B.
page 201 note 3 “When their lyberties hath beene trenched upon, their goods hath beene taken away not by a legall course, I will desire that it may bee amended. When the Subjects libertye is in question, I will creepe upon my knees with a peticion to his Majesty with all humilitye.” A, f. 91v.
page 202 note 1 “Moved to consider of a declaracion to cleere the Kings prerogative and to take your rise from the Kinges letter, which shalbee upon Record. And to let that stand alsoe upon Record which was yesterday delyvered by a gentleman of the howse of Commons in the name of the whole House touching cleering the Kings praerogative.” A, f. 91v.
page 203 note 1 “That if wee ioyne not, that it might appeare to Posteritie that I receaded not from that Peticion which in my conscience is noe more then the iust rights of the Subiects of England. For my owne particular only I speake it, that I should drawe a iust execracion if I, refusing, should bee a meanes of the breaking of the lawe the consequence of which disolucion I feare to speake.” B.
page 204 note 1 “Now the greate buisynes salus Reipub[lice].” A, f. 92.
page 205 note 1 “That in the handling of this great buisines, if any thing hath bine spoken whereto there is any iust exception, that the Howse take noatice of it and question the parties; otherwise that all bee freed of any further excepcion against all parties and noe exposicions hereafter to bee made of any mans speech.” B.
page 206 note 1 “Lord Say. Complayned against some insolencies of the Souldiers in Banbury.” B.
“Hodie the Examinacions of sundry persons, complained of by the Lord Saye, were read.
“Henry Skipwith, Thomas Gerard, Jurati in causa Comitis Huntingdon.” A, f. 93.
page 206 note 2 “The Peticion of [blank]
“Roger Cooke, Peter [illegible] sworne at barr.” B.
page 207 note 1 “Greyes peticion read and Digbyes peticion contra Grey read.
“The Bill for Gaoles committed to Thursday the 5t of June.
“E[arl] of Clare. Moved that the Committee for peticions.
“Bristol, Bolingbrooke, Lord Maynard, Lord Newarke, Lord Lovelace, Lord Falconbridg, E[arl] of Cleveland, Lord Harvye added to the Committee for peticions.” A, f. 95v.
“E[arl] Clare. Moved that the Orders formerly made on the behalfe of the Clerke and the gentleman usher to bee entered and the allowance paid to the officers accordingly.” B.
page 208 note 1 After Lord Mohun withdrew [L.J. 3:828b]: “E[arl] Marshall. Not to have it entred that hee answered there, but to leave a Lord to his owne wyll to answere there.” A, f. 97.
page 208 note 2 “E[arl] of Essex. Moved that some of the money remayning of the Collection of Sally might goe to the reliefe of a poore woemans husband a Captine in Sally from whome hee received a letter.” A, f. 97v.
page 212 note 1 “Lord Saye. Moved that the respite of Homage might bee settled and that the Barons of the Excequer may attend on Munday in the afternoone when the Lords Committees for priviledges doe sytt.” A, f. 99v.