d petition of right march it behoof we with all endeavour to labour that the  kingdom be keep in unity the devil put in this this be not to cut the member  but to strike the root they must have man of gravity these man make a  separation between king and people I beseech God this Machiavellian trick be  find out and punish a we pass diverse excellent law last parliament let a note  be make of they and let they be deliver to the house upon Monday morning a I  have spend my youth in Suffolk my age in Buckinghamshire and have a think  never more to have see a parliament I desire there may be no precipitation but  that a few day may be allot to consider for questionable election I humble  move they may be examine in order as they come march say that to draw a  committee before we have a bill and it be read be not usual let it be first  read for we must have a subject a foundation and that be it we must work upon  in to Henry the chancellor of England do use to take a theme and divide it and  speak of some subject therein and that be while we have time let we do some  good so I at this time let we do something mr speaker nothing be more precious  to a man in this life than liberty imprisonment be a heavy punishment and yet  just in many case the law give remedy if a horse or a sheep be take if a man  be in prison God forbid but the law shall give remedy it do give remedy you  know right well there be a habeas corpus that the judge can deny nay there be  a writ call de a human being replegiando ground upon magnacarta if a man be  unjust commit there be a writ and secret of law in it but many do think that  this writ be go so say Stanford he give his opinion of Edward but he come with  that of Edward a law make that all statute make against magnacarta shall be  void but this writ be ground upon that then it stand thus the secret of law if  they repeal the act first the law resolve we have law make that man shall not  be long detain in prison if the keeper of a jail keep I in prison and do not  sue out a commission of free deliverance he lose his prison so that the prison  be but a surety to bring a man forth if he have no surety but shall a man be  in perpetual imprisonment that be against the law of the land for see a man  have surety for himself God forbid the law shall hold he in prison the law be  curious in this touch the liberty or freedom of a subject to give strength to  the law I have pen a bill I do not doubt but this bill will have many oppugner  therefore I keep my reason till the time the bill read entitle a act against  long and unjust detainment of man in prison it recite that by the law of the  realm no person in prison or commit to prison for any offence do or suppose to  be do ought to be detain but justice in convenient time be to be execute that  if he be innocent he may be acquit and deliver it be desire that no person now  in prison or restrain of liberty or which shall be by commandment or other  warrant for any contempt do or suppose to be do shall after the end of this  session be keep in prison if he be not deliver within two month after the  parliament he shall within two month be set at liberty until a accusation be  allege and for default of such discharge the party shall be free discharge  from all offence commit by they within two month and if any such person shall  not be set at liberty he shall be acquit of all offence whatsoever march the  way I shall take I be absolute to give supply to his majesty yet with some  caution to tell you of foreign danger and inbred evil I will not do it the  state be incline to a consumption it be Curable I fear not foreign enemy God  send we peace at home for the disease I will propound remedy I will speak  nothing out of my head but from my heart and out of act of parliament I be not  able to fly at all grievance but only at loan let we not flatter ourselves who  will give subsidy if the king may impose what he will and if after a  parliament the king may enhance what he please I know the king will not do it  I know he be a religious king free from personal vice but he deal with other  man hand and see with other man eye will any give any subsidy that he may be  tax after parliament what they please the king can tax any by way of loan I  differ from they that will have it go by way of grievance but I will have it  go alone I will begin with a notable record it cheer I to think of it Edward  num it be worthy to be writ in letter of gold loan against the will of the  subject be against reason and the franchise of the land and they desire  restitution what a word be that franchise villain in that has arisen by birth  to have their lord may tax they high or low but this be against the franchise  of the land for freeman franchise be a French word and in Latin it be liberty  in magnacarta nullus imprisonetur nor put out of his liberty or franchise  Henry cap have be confirm by good king time Henry opinion to bear super  papyrus  the magnacarta be call papyrus  freedom et franchisae rot pat Henry  man Carta freedom because book compose and to overthrow it make slave Edward  they make a law that all law against magnacarta be void Edward statute de  confirmation cartar no benevolence nor aid shall be but by assent of the realm  Edward which expound magnacarta Edward no one tallagium seu help per our  to put down without will baron etcetera they be wise they unfold much in few  word Tallagium come a talliare from cut you shall not cut a part of my  substance without my will and that be tailoring excise of breed and wine it be  cut if you cut any part of the subject no tallage shall be do the word  tallagium be in the conqueror time wonder conqueror to will ut all  unconstrained man to have land urge in pace without omni tallagio ita quoth  nothing to drive out nisi per common feature concession as appear by mr  lambarde ancient law etcetera objection Edward be no act of parliament answer  it be true it be in the from of a charter but yet a act of parliament Richard  rot the king can raise supply but by assent of parliament Richard many undo by  loan objection may not enemy come in and in such a time of necessity may not  loan be answer Henry rot parliament et no tallage or subsidy for defence of  the realm or sea shall be without act of parliament for parliament ought to be  every year fortescue cap et show how in other country they set imposition at  will but the king of England per see or minister tallagium or subsidium non  to be able to place upon without assent all royal power escuage you know may  be uncertain and though it be do in respect of tenure yet be uncertain it can  be without act of parliament Henry get a benevolence of his people and he make  a promise in parliament not to do the like again Henry cap rot Henry the great  cardinal make a commission to take the six part of all plate when they come  into Norfolk and Suffolk they rise and will not pay it the king lie it on the  Council and say I never consent to this commission Henry Quinzime br no  tallage can be without act of parliament I do but gild gold to constrain a man  to lend none can be sure of his own question what will you do answer I will  have this loan a act of parliament and as a preface to a act of subsidy and  weave into it and let the other grievance be in all humility tender to his  majesty and I do not despair his majesty be most free of all his predecessor  march when they shall come to it the deputy lieutenant have a great excuse  than everyone know of I will tell they how the law stand at this day when I be  a student I can not understand two statute that concern this point Henry cap  Henry cap I be in a wood never any book case explain they and those statute  say that if any soldier be return by indenture and return by record for the  term to serve their master etcetera I find a precedent of a indenture of a  soldier of Erpingham in to make public are to make safe jura pretty sir John  Erpingham be send for to the king and treat with he for the soldier and come  down into the country and get his tenant and other that go with he see for  this Edward Edward Edward it be a excellent law that the poor man go with his  lord and master but for a Englishman to go with a stranger what misery be it  they must not be without faith et without seed that be captain it must be with  one that he may live with when he return in Edward time there come a new  course man be press I have rather live under a sharp law than under no law et  nothing novum sub sole the same course be then as be now then they press man  and Edward cap it be enact that no man shall find arm and munition but by his  tenure there be a negative law et Phil et mar cap be but for a time now they  have new course and new discipline but now we be without law I hold the deputy  lieutenant lie under the stroke of the law for what they do let there be a  committee of soldier and other of my profession to pen a law for they for the  love of God and safety of the realm let it not be say that there want law that  touch government that we may live under a law and not other man discretion a I  be hearty glad that I find a concurrence in matter and judgement it concern we  in point of honour it be a tender point to a king I will not have so great a  price set on it as honour the king have precedency we will consider of supply  and grievance too both be propound the order give the supply the precedency we  can give the king honour he have all honour it be the purpose of the house to  look into grievance if loan be not take away from we we can do what we desire  a the proclamation touch recusant and the commission for composition to speak  free be a toleration when I be attorney when a lease be make of recusants land  there be a special covenant that they shall not come into a recusant's hand as  now it do what do it differ from a toleration if there be such a commission it  be against the law this man that have it be to be bring here and to be examine  how many recusant he have compound with and to bring all the commission in  march I like the motion well to have time give the matter be very weighty and  of very great consequence in medio to look at ibis I shall ever be as ready to  maintain the king prerogative as any man I have be twice swear to it and it be  resolve James at the parliament that the king prerogative be the supreme part  of the law of the realm no other state be like this division ab orb Britain we  have a national law appropriate to this kingdom if you tell I of other law you  be go I will only speak of the law of England this question be a question of  law that mr attorney may have something to answer I will say somewhat and I  shall speak with reverence and I will not speak be it not that my gracious  king I hope shall hear it it be not I Edward coke that speak it I shall say  nothing but the record shall speak I shall be ready to convert myself on  better reason wandering and to sew principia refer be to show to be false this  opinion grow out of Westminster I and mr Stanford that these man shall not be  bail those that be in for murder or by command of the king or of his justice  or of the forest Stanford accord in every text mark the context the command of  the king be in the king bench which be there in person king and per preceptum  king be the command of the judge of the king bench and the other justice of  the common plea and in the same time I will show you that the command of the  king be mean by the judge Westminster cap if man follow not with hue and cry  they shall be amerce by the by king Richard non in camera king say in senate  king and it shall be by the justice Westminster cap de malefactor in  to act sparingly it be a grievous law he shall be fine at the king will that  be at the will of the judge the king distribute his power by the judge  Westminster cap and it be give to the king it be mean the judge the same man  that make that law make that question and by the king be mean the king justice  Richard cap mention the warden of the fleet etcetera if not by the king writ  or by the commandment of the king h take it literal one be in execution in the  fleet the king send he for a soldier but that ought to be by a command from  some court mariae Elizabeth Westminster say none shall be bailable by the  command of the king it must be take by some court of justice for the reason of  the judgement I hear they not nor understand they I will speak in remember and  not in mask pasch Edward rot in person king Bildeston's case Edward first make  a warrant show no cause to apprehend a man and have a writ under the great  seal to deliver this man to the tower till further order shall be take by the  king this command come not verbal or by any signification but by writ and he  lie two year in the tower and there the king command that he shall be bring  into the king bench which be by habeas corpus and there before Scott the chief  justice they ask whether there be any other cause of his commitment and the  lieutenant say aright nothing nisi breve prediction and they say that it be  not cause sufficient and so he be deliver there be the king writ and yet  without cause then come another writ to show that they shall have information  that he coin the king coin and proclamation be make and a short day give this  be not sufficient cause Henry to point out de faits the king can command any  to be imprison Henry b the king can arrest any man fortescue cap concur with  the former I never read one opinion against it no free man ought to be commit  but the cause must be show in particular if it be for treason or murder the  particular must not be show but the general must if he escape and break prison  if there be a particular cause he shall suffer as if he be condemn for the  fact commit he general if the jailer and he join together it be fineable only  Richard de to break in pieces prison the cause for which he be take etcetera  if the cause be not set down he may escape I will conclude with the chief  authority the act of the apostle cap verse the last it be against reason to  send a man to prison and not to show the cause what I speak it be that my  sovereign be true inform of the law which I dare say he will defend with his  sword as well as his predecessor I have now give a preparative to mr attorney  accord to the old course of physic which be before you purge a man to give he  a preparative I have much more in store a no restraint ever so little but it  be a imprisonment a for we to touch anything that the king prerogative can  reach unto it be dangerous for employment in the king service shall we not  leave that to the king and trust he therewith e Beaumont be of the great  Council and of the privycouncil the king desire his counsel to employ he  abroad he refuse and be fine and imprison for it I be employ to go to Ireland  I be Willing to go and I hope if I have go to have find some Mompesson there I  will have go else I shall have be fine and imprison a who be to separate be  docent I put my case of a great lord to give his counsel and to be a  ambassador the king can press soldier to go beyond the sea Edward be for  soldier but not for other thing march these be matter of great weight the  course of this house be to deliberate well before we order let every man have  a copy and keep it secret some thing be general if they be in particular we  may give a better answer it be desire to pay some arrear we must know what  they be and we must consider the ability of the country to pay these for we be  to serve the country what these arrearage be none know a confinement in a  foreign country or in a man house be all one this be a new-growing evil  to come to run up sickness it be against magnacarta libre a human being non  imprisonetur in queen Elizabeth time it be resolve no free man shall be  confine to any place whatsoever do that bless queen confine recusant till a  law be make and shall man that be no delinquent be confine it be much against  the liberty of the subject that a Norfolk man shall be confine to Cumberland  let it be order that it be the ancient andundoubted right of the subject of  England not to be confine to a particular place but by act of parliament one  thing have be move these loan be do by commission no commission can be grant  but it must be warrant by law as a writ a commission of jail delivery of nisi  prius etcetera in all these it be factum secundum law England all commission  must not be new but such as be in the register or in the chancery Edward all  novel inquire and these adulterate commission be damn by parliament Henry num  the king will regulate mariner by a commission and it will not be for that  there be no such from Elizabeth a commission be grant to the earl of Bedford  to determine the right of a office in the common plea and they commit the poor  man who be deliver by a habeas corpus I never see that moderation in any  parliament as be use in this man ought to speak pertinent when you hear a man  not speak to the question you in the chair be to stand up and take he off  march it joy my soul to see this care for the honour of God and his worship  one thing will be add the jesuits do now live in our realm if we do nothing  against they I pray God they do nothing against we march this be a complaint  law they that have speak pithy and learned and that with all reverence to his  majesty and the Council I say before I give they a preparative that remove the  humour humour movement and not to move back corpus to tear down they that  argue for the king will not answer what be say they slight it as nothing to  the purpose there be a figure call pretense that God forgive I I use when I be  in their place that that we can answer we scorn and slight I will leave this  question as naked as Aesop crow two are tool and all res  candidate for confirmation et confutand ratio et authority they that speak  here must Beatrice upon reason I shall produce therefore some reason first  from the universality of the person who this concern commentary it be maxim  that the commonlaw have so admeasured the king prerogative that in no cause it  can prejudice the inheritance of the subject and how do this absolute  authority that be pretend concern not only the commonalty but the lord and all  spiritual person and all officer for if he be commit and be call on for his  office his office be forfeit it concern all man and woman and therefore it  deserve to be speak of in parliament this may dissolve this house for we may  be all thus commit Henry rot rot parliament no member of the parliament can be  arrest but for felony treason or the peace and all here may be commit and then  where be the parliament sure the lord will be glad of this it concern they as  well as we the second reason be from the indefiniteness of the time non  finish off an end the life in lege have the law give this prerogative it will  have set some time to it else mark what will follow I shall have a estate of  inheritance for life or for year in land or property in my good and I shall be  a tenant at will for my liberty and I shall have property in a goose and not  liberty in my person transparent true non are to make good objection when you  be chief justice you do otherwise than now you speak I will have another speak  truth Wray be wont to say letter of great man be letter of justice when I be a  student I wonder what he mean his meaning be that letter in that kind do let  justice or further it nothing fall out in my place of justice but I keep a  note of it Beckwith be commit and no cause show we mean to bail he and then  come the lords letter that we shall bail he God be thank for it and the letter  be keep and my note say so sir John Broket be commit and no cause show and  perhaps the judge will have deliver he and then come a letter from the lord  God be thank the Council table must be maintain or the commonwealth will  perish objection there be a mandatum king and the party be remand I deny that  I ever be at any disputation in my place of any judgement that be give I  confess free when I read Stanford only perhaps I be of his opinion but when I  see such a company of authority against it God forbid that I shall follow my  guide when my guide go wrong Henry yew case he be commit tam pro felon how per  mandatum domini king the attorney see the court will deliver he retraxit  mandatum suum if the king have such as prerogative for which there be only a  opinion of one judge in queen mary time shall that weigh down so many act of  parliament and precedent as be on our side the remittitur until what time what  mean the until what time that be until what time secundum law terrae  to weigh well but it be not until what time senate advisari vult in Henry  Markham be then a lawyer and Edward the four ask he if the king may arrest one  the law to the king be quoad sending  and not quoad amendment fortescue cap  nullus king England to appropriate over can commit any it be too low a thing  for he Henry the king have distribute his judicial power to the court of  justice and minister of justice and it be too low for so great a monarch as  the king be to commit man to prison Edward rot Bildeston's case say quaesitum  be deal lieutenant si other be cause who to answer non to have nisi breve  prediction say because to see curry breve non be sufficient they therefore  to weigh well here be a court that can be daunt with any fear now to your  balance that be in your hand that sit in the chair put in Stanford and Edward  though it be nothing into one balance and into the other put act of parliament  book case and the precedent sure haec way non to lead in city for my read I  never read any opinion or record against it there must be add that if any be  commit for a just cause he ought not to be detain long in prison by the  statute of Gloucester if a man be imprison he shall remain there till the next  come of the justice but there must be a time Westminster cap king  to go away  that none shall be long in prison ne day to hold off in prison Henry if one  have a jail and sue not a commission of jail delivery it be a forfeiture this  report move I not that report be not yet year old but under age be James in  truth when I read Stanford I be of his opinion but after look into those  record before mention I be ofanother mind he bring a ill time of throw there  be many of the traitor of the powder treason then commit per mandatum council  for the report those apocrypha report there be no credit to be give to they it  be do by some young student that do mistake it be no judgement of the court  but the student own make march the glass of time run out and some thing cast  among we have retard we when I speak against the loan and this matter I expect  blow and somewhat be speak though not to the matter concern that which I do  when I be a judge I will say somewhat indeed a motion be make but no argument  or debate or resolution upon advice I will never palliate with this house  there be no judge that have a upright heart to God and a clear heart to the  world but he have some warrant for everything he do I confess when I read  Stanford and have it in my hand I be of that opinion at the Council table but  when I perceive some member of this house be take in the face of this house  and send to prison and when I be not far from that place myself I go to my  book and will not be quiet till I have satisfy myself Stanford be my guide and  my guide deceive I therefore I swerve from it I have now better guide act of  parliament and of other precedent these be now my guide I desire to be free  from the imputation lie upon I as for the intend judgement I fear be it not  for this parliament it have be enter a parliament bring judge and all other  man into good order if a clerk have draw this he will have do it by a  precedent and no precedent warrant it and therefore some other do it this  draft of the judgement will sting we because no one cause to be display  therefore ne to be bayleable and so it appear by the record I persuade myself  mr attorney draw it I have a copy of my lord Anderson report of Elizabeth long  ago I dare not vouch it as it be in that copy for it be apocrypha and do not  answer his gravity that make it and yet it be cite in the king bench that all  the judge of England rule it