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all the young princes, their children, possibly be complied with :" all which being done accordingly, and the reasons shewn to his majesty, he suffered no more words to come from them; but, out of the fulness of his heart to the observance of justice, and for the contentment of the people, told them, "That what he intended by his letter was with an IF, if it may be done without discontentment of my people; if that cannot be, I say again, the same that I writ, fiat Justitia. My other intention, proceeding out of charity for a few days respite, was upon certain information that his estate was so distracted, that it necessarily required some few days for settlement thereof." Whereunto the lords answered, "Their purpose was to be suitors to his majesty for favour to be shewn to his innocent children; and if himself had made any provision for them, that the same might hold." This was well liking to his maj. who thereupon parted from the lords. At his majesty's parting they offered up into his hands the Letter itself which he had sent; but he was pleased to say, "My Lords, What I have written to you, I shall be content it be registered by you in your house. In it you see my mind. I hope you will use it to my honour." Upon the return of the lords to their house, and the report of this made, it was ordered, "That if any copies of the king's Letter were desired, the foregoing lines, which were the consequence of the letter, should be added

to it."

The same day the lords came to a resolution, to be suitors to his majesty in behalf of the son, daughters and lady of the earl of Strafford; that in case there be no provision made for them by the said earl, to present thein to the king's goodness, and that he will be pleased to take them into his mercy and consideration: like wise to desire his majesty, That the creditors of the said earl, and those that have petitions depending in this house for reparations from bim, for which there is a provision, or order, made in this house, may be taken into his majesty's consideration.

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With one blow was a periód put to his life by the executioner."

The Proceedings against Mr. Burton reversed with Damages. March 24. The commons resolved, 1. "That the sentence in the Star-Chamber against Mr. Burton, is illegal, and without any just ground, and ought to be reversed, and he to be freed from the fine of 5000l. and imprisonment by that sentence. 2. That he ought to be restored to his degrees taken in the university, orders in the ministry, and to his benefice in Friday-street London. 3. That the order of the council-board for transferring him from the castle of Lancaster to the isle of Guernsey, and his imprisonment there, is against the law, and liberty of the subject. 4. That he ought to have reparations and recompences for the Damages sustained by his said imprisonment, loss of his ears, exile, and other evils sustained by the said unjust and illegal proceedings."

March 30. A bill for reforming the unlawful acts and proceedings of the Privy Council, and the court called the Star-Chamber, was brought into the house of commons, and read a first time: also a bill to restrain Bishops, and others in Holy orders, from meddling with Secular Affairs.

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The Earl of Holland appointed to disband the Armies.] April 15. At a conference of both houses about the Satisfying and Dissolving of the three Armies, which were suddenly to be disbanded, the e. of Holland declared, That his majesty had been pleased to nominate him as general for that purpose; upon which he spake very learnedly in the way of all acknowledgment of so great a favour cast upon him, many of that honourable assembly being more deserving, as he said, and inore capable than himself; nevertheless accounted himself very happy to be made an instrument of so much good, for the quiet and peace of the kingdom; and that his greatest care should be to perform the said trust faithfully, and in duty to the king, and the good of his country.†

Resolutions in favour of Mr. Prynne, and May 12. This day, at noon, the earl of Dr. Leighton.] April 20. Mr. Rigby reStrafford was beheaded on Tower-hill. "His ported from the cotnmittee, to whose considerdiscourse on the scaffold," says Hume, "wasation it was referred, the Case of Mr. Wm. full of decency and courage, He feared,' he Prynne, of Lincoln's-Inn: whereupon the comsaid, that the omen was bad for the intended mons resolved, 1. "That the Sentence given Reformation of the State; that it commenced against him in the Star-Chamber, Feb. 17. with the shedding of innocent blood.' Having Anno 9. Car. is illegal, and given without just bid a last adieu to his brother and friends who cause, and ought to be reversed; and that he attended him, and having sent a blessing to his ought to be discharged of the fine of 5000l. imnearer relations who were absent, and now,' posed by the said Sentence, and of all extents said he, I have nigh done! One stroke will thereupon, and of his imprisonment decreed by make my wife a widow, my dear children that sentence. 2. That he ought to be restored fatherless, deprive my poor servants of their to his degrees in the university of Oxford, and indulgent master, and separate me from my to the society of Lincoln's-Inn, and to the exeraffectionate brother and all my friends! But cise of his profession of an utter barrister at Jet God be to you and them all in all." Going law, and to his chamber again in Lincoln's-Inn. to disrobe, and prepare himself for the block, 3. That he ought to have reparation for such 'I thank God,' said he, that I am nowise damages and prejudice, as he hath sustained by afraid of death nor am daunted with any ter- the said Sentence and Proceedings. 4. That rors; but do as chearfully lay down my head at this time, as ever I did when going to repose!'

+ Diurnal Occurrences, p. 80.

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the Sentence given against him in the Star-whereby the Divine Service hath been Chamber, 14 Junii, 1637, Anno 13. Car. is turbed, or otherwise neglected and disquiet illegal, and given without any just cause or it is therefore thought fit and ordered, “I ground, and therefore ought to be reversed; the Divine Service be performed as it is and that he ought to be discharged of the fine pointed by the acts of parliament of this real and imprisonment thereby decreed; and that and all such as shall disturb this wholeso he ought to have reparation and recompence order, shall be severely punished according for the damages sustained by that sentence and the laws; and the parsons, vicars, and cura the execution thereof. 5. That the warrant, in several parishes, shall forbear to introd dated 27 Aug. Anno 13. Caroli, made for any rites or ceremonies that may give offer transporting of him from Carnarvon castle to otherwise than those which are established the isle of Jersey, and his imprisonment there, the laws of the land.” and other restraints therein mentioned, are Resolution against the Court at York.] A against the law and liberty of the subject; and 24. A committee of the commons having b that he ought to be discharged of that impri-appointed to inquire into the legality and p sonment, and to have reparations for the dam-ceedings of the High Commission-Court ages sustained thereby. 6. That his impri-York; this day Mr. Hyde, (afterwards ear sonment, by warrant, dated Feb. 1, 1632, un- Clarendon,) reported the case of it to ner the hands of Thomas lord Coventry, lord house; when it was resolved; 1." That keeper of the great scal of England, Rd. lord Commission and Instructions, whereby abp. of York, Henry earl of Manchester, Edw. President and Council in the North exer earl of Dorset, Henry lord viscount Falkland, jurisdiction, is illegal, both in the creation Wm. lord bishop of London, Edw. lord New-execution. 2. That the court of the presid burgh, and sir Tho. Jermyn, is unjust and illegal; and that they ought to give him satisfaction for the damages sustained by his imprisonment. It was also ordered, “That a Charge be drawn up against Dr. Heylin, touching his promoting his suit in the Star-Chamber against Mr. Prynne."

and council in the North, is unprofitable his majesty. 3. That the said court is inc venient and grievous to his majesty's subje in those parts."

Petition from the Citizens of London conce ing Grievances, &c.] This day the follow Petition from divers Citizens of London (s scribed, as Rushworth says, by 20,000 pers of good rank and quality) was presented to b

"To the Most honourable assembly of

The next day Mr. Rouse reported the Case of Dr. Leighton; when the house came to the following Resolutions: 1. That the at-houses, and was as follows: taching, imprisoning, and detaining Dr. Leighton in prison, by warrant from the high commissioners, is illegal. 2. That the breaking lords and commons in this parliam open his house, and taking away his papers assembled, The HUMBLE PETITION OF by Edmund Wright, then sheriff of London, vers Citizens of London, and now lord mayor, is illegal. 3. That the "Sheweth, That notwithstanding his n said Edm. Wright ought to give reparations to jesty's gracious Answer to the humble P him for his damages sustained by the breaking tion of his loyal subjects, in summoning t open his house, and taking away his papers, parl. with the great care and endeavou and other goods as aforesaid. 4. That the pains taken by both houses, for the remov abp. of Canterbury, then bishop of London, the heavy Grievances in Church and Cemm ought to give satisfaction to him for his dam- wealth; whereof the petitioners have alrea ages, sustained by 15 weeks imprisonment in received some fruit, for which they desire Newgate, upon the said bishop's warrant. 5. return their most humble and utmost thank That the great fine of 10,000l. laid upon him by yet, nevertheless, they are enforced, with a sentence in the Star-Chamber, is illegal. 6. | humility, to represent to this most honoura That the sentence of corporal punishment assembly, some of those obstructions which imposed upon him, the whipping, branding, still hinder that freedom and fullness of Tra slitting his nose, cutting off his ears, setting in in this city which they formerly had, and wi the pillory, and the execution thereof and im-out which, considering the numerous multitu prisonment thereupon, are illegal. 7. That he ought to be freed from the great fine of 10,000l. and from the sentence of perpetual imprisonment; and to have his bonds delivered up, which he entered into for his true imprisonment. 8. That he ought to have good satisfaction and reparation for his great sufferings and damages, sustained by the illegal sentences in the Star-Chamber."

Order for Divine Service to be performed according to Law.] April 22. Upon an Information to the house of lords, That some disorders have lately happened in several churches within the county Palatine and city of Chester,

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thereupon depending, they conceive this c cannot comfortably subsist.-As the unsett Condition of the Kingdom, ever since 1 Troubles in Scotland, hath caused both stra gers, and also some of our own, who did fi nish great sums of money to use, to call it i and remit much of it, by exchange, into fore parts, who stand now in expectation of wh the issue of the thing may be.-The stoppi Money in the Mint; which, till then, accounted the safest place, and surest staple these parts of the world, still doth hinder importation of bullion; the Scots now disabl to pay such debts as they owe to the petitione

York.] April 26. The lord Falkland was sent up with a message to the lords, to desire a conference. The heads of this conterence, to be managed by Mr. Hyde, were concerning the Court of the President and council of the North; upon which occasion.

Mr. Hyde delivered himself as follows:*

and others in the city; and, by reason of the ppressions exercised in Ireland, their debts iso are detained there. The English Trade, y reason of our general distractions and fears, so much decayed, that country tradesmen cannot pay their debts in London as formerly. The great sums of Money unduly taken by is majesty's officers and farmers, for imposi-"My Lords; I am commanded, by the ions upon Merchandize exported and imported, knights, citizens, and burgesses of the house of nd the want of relief in Courts of Justice commons, to present to your lordships a great gainst them. The drawing out from the and crying Grievance; which, though it be ity great sums of money (which is the life and complained of, in the present pressures, but spirit of trade) for his majesty's service in the by the Northern parts, yet, by the consequence North; and being there employed, is not yet of it, is the grievance of the whole kingdom: returned.-Besides all which, from what strong the Court of the President and Council of the and secret opposition the petitioners know not, North, or, as it is more usually called, the they have not received what so much time and Court of York; which, by the spirit and ambi pains might give them cause to hope; but tion of the ministers trusted there, or by the still incendiaries of the kingdom, and other no- natural inclinations of courts to enlarge their torious offenders, remain unpunished: the own power and jurisdiction, hath so prodigiAffairs of the Church, notwithstanding many ous.y broken down the banks of its first chanpetitions concerning it, and long debates about nel, in which it ran; that it hath almost overit, remain unsettled: the Papists still armed; whelmed that country under the sea of arbi the laws against them not executed; some of trary power, and involved the people in a the most active of them still at court; Priests labyrinth of distemper, oppression, and poand Jesuits not yet banished; the Irish Popish verty.-Your lordships will give me leave (not Army not yet disbanded; courts of justice not presuming to inform your great understandings: yet reformed; and the earl of Strafford, (who, but that you may know what moved the house as now appears, hath counselled the plundering of cominons to their Resolutions) to remind of this city, and putting it to fine and ransom, your lordships of the foundation and erecting and said, "It never would be well till some of of this Court, and of the progress and growth ⚫the aldermen were hanged up,' because they of it.--Your lordships well know, that, upon the would not yield to illegal levies of money) hath suppression of all Religious Houses to such a so drawn out and spent time in his business, certain value, in the 27th Hen. 8. from that to the very great expence and charge of the time to the 30th of that king's reign, many, not whole kingdom, and his endeavour to obtain not fewer than six, insurrections and rebellions yet more time: all which makes us fear there were made in the Northern parts, under premay be practices now in hand to hinder the tence of that quarrel; most of them under the birth of your great endeavours; and that we lie command of some eminent person of that coununder some more dangerous plot than we can try; the which being quieted before the end discover.--All which premisses, with the fears of the 31st year, that great king (well knowand distractions growing therefrom, and from ing his own mind, and what he meant to do things of the like nature, the petitioners humbly with the great Houses of Religion in the year oler to the most grave consideration of this following) for the prevention of any inconvemost honourable assembly; as being the truenience that might ensue to him upon such discauses of Decay of Trade, Discouragement of Tradesmen, and of the great Scarcity of Money, with other ill consequences they labour under; and do humbly pray, that their said Grievances may be redressed; the causes of their fears removed; justice executed upon the said earl, and other incendiaries and offenders; and the rather, in regard, till then, the petitioners humbly conceive, neither religion, nor their lives, liberties, or estates, can be secured. And, as in duty bound, they shall ever pray."

This Petition being read, after some debate thereon, the lord Russel, son to the earl of Bedford, was sent by the commons with a message, to desire a conference, by a committee, of both houses thereupon; and it was resolved, to renew their request to the lords to join with them in another Petition to the King, concerning disbanding the Irish army, disarming Recusants, and removing Papists from Court.

Mr. Hyde's Speech against the Court of

temper, did, in the 31st year of his reign, grant a Commission to the bishop of Llandaff, the first president, and others, for the quiet government of the counties of York, Northumberland, Cumberland, and Westmoreland, the bishoprick of Durham, the county of the city of York, and towns of Kingston upon Hull, and Newcastle upon Tyne. But, my lords, this Commission was no other than a commission of Oyer and Terminer; only it had a clause, at the end of it, for the hearing of all causes real and personal quando ambæ partes vel altera pars sic gravata Paupertate fuerit, quod commode jus suum, secundum legem regni nostri, aliter persequi non possit,' which clause, how illegal soever, (for that it is illegal

* Taken from a Manuscript in the Harleian Library.

+ Robert Holgate, translated to York in 1545. He was deprived by queen Mary, An. Reg. 1.

and void in law little doubt can be made) yet | Whether his majesty may canton out a part of whether they exercised that part of the com- his kingdom to be tried by commission, though mission at all, or so sparingly exercised it, that according to the rules of law, (since the whole poor people found ease and benefit by it, I kingdom is under the laws and government of know not; but, at that time, I find no com- the courts established at Westminster, and plaint against it. Till the coming in of king that, by this reason, the several parts of the James the commission continued still the same; kingdom may be deprived of that privilege) and that, in the first year of his reign, to the will not now be the question. That his maj. lord Sheffield, varied no otherwise from the cannot, by commission; erect a new court of former, save only that it had reference to In- Chancery, or a proceeding according to the structions which should be sent ; though whe- rules of the Star-Chamber, is most clear to all ther any new ones were sent or not is uncertain, who have read Magna Charta; which allows but we can find none.-In June, in the 7th no proceedings, nisi per legale judicium playear of the reign of king James, a new commis- rium, & per legem terræ: for our court of sion was granted to the same person, the lord Chancery here, by long usage and prescription, Sheffield, very different from all that went be- is grown to be, as it were, lex terræ. But, my fore; it being left out, that they should inquire lords, the 30th Instruction goes further, and *per Sacramentum bonorum, & legalium ho- erects such an empire, such a dominion, as minum,' and to hear and determine secundum shall be liable to no controul.-The courts of leges Angliæ; relation being bad, only, to the Westminster, my lords, have superintendencies Instructions; which were the first Instructions over all inferior courts, to regulate their juriswe can find were sent thither. Though I told dictions, if they exeed their limits; as, to hold your lordships there was mention of some pleas of greater value, or the like, in the exerAnno 1 Jac. I shall not trouble your lordships cise of their jurisdiction. The judges are sworn with these Instructions, nor with the other to grant and send prohibitions in this case: that followed in 7 Jac. to the lord Sheffield; and to stop the granting of these prohibitions, nor in 16 Jac, when a new commission was or to neglect them when they are granted, is granted to my lord Sunderland; nor, indeed, the greatest and noblest scorn of the law and with any till we come to these present Instruc- the law-makers, that can be imagined.—The tions and Commissions, under which that part king's courts at Westminster have been, always, of the kingdom groans and languisheth.-My of that awful and reverent esteem with infe lord Strafford came to that government in Dec. rior judges, that the instances of such contempts Caroli; and since then the commission hath against them are very rare; and very exembeen three several times renewed; in the 5th plary are the punishments of this offence. The year, in March; in the 8th, in Nov.; and in bishop of Norwich, in Trinity term, in the 20th the 13th year of his majesty's reign. A new Edw. 3. in Rot. 289, in the Common-Pleas; clause was screwed into the commissions of the and, in Hiliary term 21. in the King's-Bench 8th and 13th, for.granting, sequestering, and was attached for disobeying a Prohibition at establishing possessions according to certain the suit of Stracil. Upon full and solemn diss Instructions; which crowded in a mass of new, cussion of the whole matter, the court resolved, exorbitant and intolerable power. Though That the proceedings of the bishop were 'Inoour complaint be against this Commission bedientiam, diminutionem Domini Regis & itself, and against the whole body of those potestatis Regiæ, authoritatis suæ rejectionem, Instructions, I shall not mispend your lordships & coronæ suæ exhereditationem manifestam, precious time in desiring to have the whole &c.' as the words of the record are: and read; but shall presume to trouble your lord therefore adjudged the temporalities of the ships only with 5 or 6 of the Instructions; that, bishop to be seized into the king's hands, and by the vast irregularity of these, your lordships great, very great, damages to be paid to the may judge how insupportable the whole bar- plaintiffs. And whosoever gave directions for then is. I shall not trouble your lordships with these stout Instructions might have rememberthe 9th Instruction, though it be but short, ed, that no longer since than 7 Eliz. rot. 31. an which introduceth that miseram servitutem, attachment was granted against the abp. of ubi jus est vagum, & incognitum ;' by requiring York, then President of that council, for foran obedience to such ordinances and deter- bidding the goaler of York to deliver one Lamminations, as be, or shall be, made by the bert his prisoner, who was sent for by a Habeas council-table or high commission-court. A Corpus from the King's Bench. And if they grievance, my lords, (howsoever Consuetudo would have believed the Resolution of all the & peccantium claritas nobilitaverit hanc cul- Judges in England, in Trinity Term, in the 6th pam') of so transcendent a nature, that your of king James, they would have known how lordships noble justice will provide a remedy unfit it had been to enlarge that jurisdiction; for it; with no less care, I doubt not, than you since most of their proceedings, being of an would rescue the life-blood of the common-inferior nature to what they are now grown, wealth. Read only the 19th, 22d, 23d, 24th, 29th, and 30th: I will not trouble your lord ships with reading more; there being among them, in the whole, 58 Instructions, scarce one that is not against, or beside, the law.

were then declared to be illegal, and inconsistent with the liberty of the subject.-And can such a Court as this, my lords, deserve to live? What a compendious abridgment hath York gotten of all the courts in Westminster

hall? Whatsoever falls within the cognizance, or jurisdiction, of any court there, is compleatly determinable within that one court at York; besides the power it hath with the ecclesiastical and high commission courts.-What have the good Northern people done, that they, only, must be disfranchised of all their privileges granted by Magna Charta and the Petition of Right? For to what purpose serve these statutes, if they may be fined and imprisoned without law, according to the discretion of the commissioners? What have they done, that they, and they alone, of all the people of this happy island, must be disinherited of their birth-right, of their inheritance? For Prohibitions, writs of Habeas Corpus, and writs of Error, are the birth-right, the inheritance of the subjects.-And 'tis here worth your lordships' observation, that to those many Prohibitions, which have been formerly granted from above, (for, till of late, the Court of York had not the courage to oppose Prohibitions; nor indeed, till our courts here had not the courage to grant them) it was never known that the Court of York pleaded the jurisdiction of their council. This, without doubt, they would have done, having the advantage of many great persons, under whose protection they have always been screened, had they not known that the law could not be misinterpreted enough to allow it.--Your lordships remember the directions I mentioned of Magna Charta, That all proceedings shall be per legale judicium parium, & per legem terræ:' now these Instructions tell you You shall proceed according to your discretion; that is, you shall do what you please: only, that we may not suspect this discretion will be gentler and kinder to us than the law, special provision is made, That no fine, no punishment, shall be less than by the law is appointed; no, by no means; but as much greater as your discretion shall think fit: and, indeed, in this improvement, we find arbitrary courts are very pregnant; for if the law requires my good behaviour, this discretion makes me close prisoner; if the law sets me upon the pillory, this discretion appoints me to leave my ears there. But this proceeding, according to discretion, is 110 new expression; it was in the first coinmission I told your lordships of in the 31 Hen. 8. That they should proceed, secundum legem & consuetudinem regni Angliæ; vel aliter, secundum sanas discretiones vestras;' which, in the interpretation of the law, and that is the best interpretation, signifies the same thing: for to proceed according to discretion, is to proceed according to law, which is summa discretio; but not according to their private conceit or affection: for talis discretio,' says the law, discretionem confundit;' and such a confusion hath this discretion, in these instructions, produced, as if discretion were only one remove from rage and fury; no inconvenience, no mischief, no disgrace, that the malice, or insolence, or curiosity of these commissioners had a mind to bring upon that people, but,

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through the latitude and power of this discretion, the poor people have felt. This discretion hath been the quick-sand, which hath swallowed up their property, their liberty. I beseech your lordships rescue them from this discretion.-Besides the charge that this Court is to his majesty, which is near 1300/. per ann. you will easily guess what an unsupportable burthen the many officers (whose places are of great value) the attornies, clerks, registers, and above 1000 solicitors that attend the courts, must be to that people; insomuch that, in truth, the country seems to be divided into officers and dependents upon that court, and the people upon whom the officers of that court prey and commit rapines; as is said in Petronius, Omnes hic aut captantur, aut captant; aut cadavera qua lacerantur, aut corvi qui lacerant.' Truly, my lords, these vexed, worn-out people of the North are not suitors to your lordships, to regulate this court, or to reform the Judges of it, but for extirpating these Judges, and the utter abolishing of this court: they are of Cato's mind, who would not submit to Cæsar for his life, saying, He would not be beholden to a tyrant for injustice, for it was injustice in him to take upon him to save a man's life, over whom he had no power.' So these gentlemen desire not to be beholden to this court, hereafter, for justice; the very administration of justice itself, founded upon such illegal principles, being a grievance and oppression to the subject. 1st. Upon the whole matter, the house of commons are of opinion, That the Commission and Instructions, whereby the President and Council of the North exercise jurisdiction, is illegal, both in the creation and execution. 2d. That it is unprofitable to his majesty; for besides so much, near 1300!. taken out of his majesty's revenues every year; his majesty loseth the great benefit which would accrue to him upon writs and upon fines, upon out-laws, and other profits, which redound to his maj. out of his courts here: and (which I had almost forgot to tell your lordships of) that his maj. may be sure to have no benefit from this Court, notable care is taken, by the 53d Instruction, That if any money remain over and above all disburse ments, it shall be bestowed in providing houshold-stuff and furniture for the house, where the lord president and council use to be. Lastly, That it is inconvenient and grievous to his majesty's subjects in these parts.-Therefore, they are humble suitors to your lordships. and the house of commons, on this behalf, That since this people do, and have, in all matters of duty and affection, contended with the best of his majesty's subjects, that they may not be distinguished from them in the manner of his majesty's justice and protection: and since this Court, originally instituted, and continued by his maj. for the ease and benefit of his poorer subjects, is apparently perverted to the burthen and discomfort of them; that your lordships will join with the house of commons in beseeching his majesty, That the pre

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