April of I own knowledge this book be all writ with my lord Anderson own hand  and I have a copy of it in queen Elizabeth time it be no fly report of a young  student I be solicitor then and treasurer Burghley be as much against  commitment as any of this kingdom it be the white staff that make the stir I  know who it be that offend it be not do by all it be one that lie man in  corner and dark place let we now go to the question a when one be in one  prison and bring thence into the king bench by habeas corpus he can be bail if  he be not in maresc and if he be not bail he be remand to the prison from  whence he come April when I consider from whence those article come and with  what consideration they be mould I doubt whether I shall speak or not but find  a way to speak out of a record I will tell you my opinion when poor England  stand alone and have not the access of another kingdom and yet have more and  as potent enemy as now it have and yet the king of England prevail Edward num  in the parliament roll the king and the parliament give God thank for his  victory against the king of Scotland and of France he have they both in  Windsor castle as prisoner what be the reason of those conquest four reason be  give the king be assist by good counsel there be valiant man they be timely  supply good employment Richard num the king be environ with the Fleming scot  and French and the king of England prevail Richard num war be in Ireland and  Scotland the king of England prevail and thank be give to God here and I hope  we shall live to give God thank for our king victory Richard num the king be  environ with Spaniard scot and French and yet the king of England prevail I be  now in no fear of Scotland Henry the four be a great warrior the Breton be a  trouble to he Calais assault Ireland besiege other trouble but the king of  England prevail Henry one or two great man about he so mew he up that he take  no other advice but from they the chancellor take this theme or text in his  speech at the parliament a money penalty to take counsel to seek again in  great man in war who maxim to fear are in great danger let we give and not be  afraid of our enemy let we supply bountiful cheerful and speedy but enter not  into particular king Solomon rule be who return to separate nay separate  leagued we be unite in duty etcetera to the king the arrearage will of  necessity separate we who cause it be a wonder thing this will turn we out  into other discourse follow Solomon rule who return to separate the king have  score thousand pound a year for the navy and to scour the narrow sea it have  be take and we be now to give it and shall we now give more to guard the sea  beside when that it be take without our gift and divert another way for the  horse and foot a pure defensive war be a vast thing yet in a island defensive  war be the safe it be a great thing to have such a army I will not speak  against it but in general I will give the king a bountiful supply it shall  never be say we deny the king all supply I think myself bind where there be  common periculum there must be common help the king in king James his father  time be a excellent mean to procure all these excellent law we then have  whereby be prevent all these worm these locust the caterpillar the informer  monopolize and concealer we be in hand to have a fast it shall be expedient  that we pray that the king have good counsel and valiant man and what we give  be well employ April your lordship have hear act of parliament in point and  precedent summary collect and with great understanding deliver which I have  peruse and understand they all through of the precedent be in boundary  to set bounds a whole jury of precedent and all in the point I be transport  with joy because of the hope of good success in this weighty business your  lordship be so full of justice and the very theme and subject both promise  success which be corpus come cause the freedom of a Englishman not to be  imprison without cause show which be my part to show and the reason and the  cause why it shall be so wherein I will not be prolix for to gild gold be idle  and superfluous after that he have clear some doubt make of the statute of  Westminster which say that the sheriff and other in some case may not replevin  man in prison he proceed further and say that all those argument offer unto  you in this last conference be of a double nature act of parliament Judicial  precedent for the first I hold it a proper argument for your lordship because  you my lord temporal and you my lord spiritual give your assent unto those act  of parliament and therefore if these can persuade you nothing can for the and  which be judicial precedent it be argumentum ab authority and argumentum ab  authority valet affirmative that be I conceive through it be no good argument  to say negative the present judge give no opinion in this point it be good law  which I fortify with a strong axiom no one it is necessary to taste of be law  now these two argument be so well press to your lordship by my colleague I  think you may wonder what my part may be it be short but sweet it be the  reason of all those law and precedent and reason must needs be welcome to all  man for all man be not capable of understanding the law but every man be  capable of reason and these reason I offer to your lordship in affirmance of  the ancient law and precedent make for the liberty of the subject against  imprisonment without cause express a re self a those inferior in rank and  majus from the remedy provide from the extent and universality of the same  from the indefiniteness of the time a fine the first general reason be a re  self even from the nature of imprisonment ex soft fleshy body parts  cause for  Iwillspeaknothing but and idem be it close or other imprisonment and this  argument be threefold because a imprison man upon will and pleasure be a  bondman worse than bondman not so much as a man for corpse a human being non  be a human being a prisoner be a dead man no man can be imprison upon the will  and pleasure of any but he that be a bondman and villain for that imprisonment  and bondage be not common with others quarto modus to villain now  not common with others quarto modus and the species be convertible whosoever  be a bind man may be imprison upon will and pleasure and whosoever may be  imprison upon will and pleasure be a bondman if freeman of England may be  imprison at the will and pleasure of the king or his commandment then be they  in worse case than bondman or villain for the lord of a villain can command  another to imprison his villain without cause as of disobedience or refuse to  serve as it be agree in the yearbooks and here he say that no man shall  reprehend any thing he say out of the book or record he say he will prove a  freeman imprisonable upon command or pleasure without cause express to be  absolute in a worse case than a villain and if he do not make this plain he  desire their lordship not to believe he in any thing else and then produce two  book case Edward a prior have command one to imprison his villain the judge be  ready to bail he till the prior give his reason that he refuse to be bailiff  of his manor and that satisfy the judge second case Edward Title trespass in  faux imprisonment it be of a abbot who command one to take and detain his  villain but the cause be demand he give it because he refuse being thereunto  require to drive his cattle ergo freeman imprison without cause show be in  worse case than villain that must have a cause show they why they be imprison  a freeman imprison without cause be so far from be a bondman that he be not so  much as a man but be indeed a dead man and so no man imprisonment be in law a  civil death perdit house household neighborhood native land and be to live  among wretched and wicked man malefactor and the like and that death and  imprisonment be the same he prove by a argument ab execution because they both  produce the like immediate effect he quote a book for this If a man be  threaten to be kill he may avoid feoff of land gift of good c so it be if he  be threaten to be imprison the one be a actual the other be a civil death and  this be the first general argument draw a re self from the nature of  imprisonment to which res self a council devoted to the second general reason  he take from his book for he say he have no law but what by great pain and  industry he learned at his book for at ten year of age he have no more law  than other man of like age and this second reason be a those inferior in rank  and majus he take it from Bracton Minima penalty corporal be major  where you will to pay a fine but the king himself can impose a fine upon any  man but it must be do judicial by his judge per justitiarios in senate non per  king in camera and so it have be resolve by all the judge of England he quote  Richard the three general reason be take from the number and diversity of  remedy which the law give against imprisonment videlicet breve de  a human being replegiando de Odio atia de habeas corpus a appeal of  imprisonment breve de manucaption the two latter of these be antiquate but the  writ de hatred  atia be revive for that be give by the statute of great Charta  cap and by statute of Edward it be declare that all statute make against great  Charta be void now the law will never have give so many remedy if the freeman  of England may have be imprison at will and pleasure the four general reason  be from the extent and universality of the pretend power to imprison for it  will extend not only tothecommons of this realm and their posterity but to the  noble of the land and their progeny to the bishop and clergy of the realm and  their successor and he give a cause why the commons come to their lordship  Commune periculum common inquire repeatedly help nay it reach to all person of  what condition or sex or age soever to all judge and officer who attendance be  necessary c without exception and therefore a imprisonment of the such extent  without reason be against reason the that general reason be draw from the  indefiniteness of the time the pretend power be limit to no time it may be  perpetual during life and this be very hard to cast a man into prison nay to  close prison and no time allot for his come forth be a hard case as any man  will think that have be so use and here he hold it a unreasonable thing that a  man have a remedy for his horse or cattle if detain and none for his body thus  indefinite imprison for a prison without a prefix time be a kind of hell the  that and last argument be thou fine and sapiens incipit a fine and he wish he  have begin there also this argument he make threefold ab to honor this be less  honourable ab useful this be less profitable a without risk this imprisonment  by will and pleasure be very dangerous for the king and kingdom ab to honor it  will be no honour to a king or kingdom to be a king of bondman or slave the  end of this will be both shameful appearance damnum both to king and kingdom  that in former time have be so renown ab useful it will be against the profit  of the king and kingdom for the execution of those law before remember great  Charta Edward Edward Edward whereby the king be inhibit to imprison upon  pleasure you see quoth he that this be old times  complaint a old question and  now bring in again after seven act of parliament I say the execution of all  these law be adjudge in parliament to be for the common profit of the king and  people and he quote the roll this pretend power be against the profit of the  king can be no part of his prerogative he be please to call this a bind reason  and to say that the wit of man can not answer it that great man keep this roll  from being print but that it be equivalent in force to the print roll a  without risk it be extreme dangerous to the king for two respect of loss of  destroy the endeavour of man first if he be commit without a expression of the  cause though he escape albeit in truth it be for treason or felony yet this  escape be neither felony nor treason but if the cause be express for suspicion  of treason or felony then the escape though it be innocent be treason or  felony he quote a case in print like a reason of the law not like a remittitur  at the rise of the court for the prisoner to give up in ballium quoth breve  king non to be sufficient cause I e the king command he quote another famous  case the commons inparliament incensedagainst the duke of Suffolk desire he  shall be commit the lord and all the judge whereof those great worthy Prescot  and fortescue be two deliver a flat opinion that he ought not to be commit  without a especial cause he question also the name and etymology of the writ  in question corpus come cause ergo the cause must be bring before the judge  else how can he take notice thereof last he press a place in the gospel act  last verse where Festus conceive it a absurd and unreasonable thing to send a  prisoner to a Roman emperor and not to write along with he the cause allege  against he send therefore no man a prisoner without his cause along with he  hoc fac vives and that be the first reason a without risk that it be not safe  for the king in regard of loss to commit man without a cause the and reason be  that such commitment will destroy the endeavour of all man who will endeavour  to employ himself in any profession either of war merchandise or of any  liberal knowledge if he be but tenant at will of his liberty for no tenant at  will will support or improve any thing because he have no certain estate ergo  to make man tenant at will of their liberty destroy all industry and endeavour  whatsoever and so much for these six principal reason that if remedy have be  give in this case they will not have meddle therewith by no mean but now that  remedy be not obtain in the king bench without look back upon any thing that  have be do or omit they desire some provision for the future only and here he  take occasion to add book case and authority all in the point say that if the  learned counsel on the other side can produce but one against the liberty so  pat andpertinent Oh how they will hug and cull it Henry title monstrance de  fait by the whole court the king in his presence can command a man to be  arrest but a action of false imprisonment lie against he that arrest if not  the king in his royal presence then none other can do it non such to go and  star Henry Hussey report the opinion of Markham chief justice to Edward the  four that he can not imprison by word of mouth and the reason because the  party have no remedy for the law leave every man a remedy of causeless  imprisonment he add that Markham be a worthy judge though he fall into  adversity at last by the lord Rivers's mean fortescue chap to appropriate over  nullus king use be to imprison any man c Elizabeth a bless queen renown for  justice and religion pl the commonlaw have so admeasured the king prerogative  as he can prejudice any man in his inheritance and the great inheritance and  the great inheritance a man have be the liberty of his person for all other be  accessary to it for this he quote the orator major inheritance go for sale  unicuique nostrum a jure law how a parent and these be the authority he cite  in this point now he propound and answer two objection saint in point of state  ndly in the course hold by the commons Obj may not the privycouncil commit  without cause show in a matter of state where secrecy be require will not this  be a hindrance to his majesty S service answ It can be no prejudice to the  king as to matter of state for the cause must be of high or low nature if it  be for suspicion of treason misprision of treason or felony it may be by  general word couch if it be for any other thing of small nature as contempt  and the like the particular cause must be show and no individuum strolling or  uncertain cause to be admit Obj If the law be so clear as you make it why  needs this declaration andremonstrance in parliament answ the subject have in  this case sue for remedy in the king bench by habeas corpus and find none  therefore it be necessary to be clear in parliament here sir Edward coke end  his discourse and then he make a recapitulation of all that have be offer unto  their lordship that general their lordship have be advice by the  mostfaithfulcounsellors that can be videlicet dead man these can it be daunt  by fear nor muzzle by affection reward or hope of preferment and therefore  your lordship may safe believe they particular their lordship have several  kind of proof act of parliament judicial precedent good reason you have have  many ancient act of parliament in the point beside great Charta that be act of  parliament which indeed be great Charta be confirm time for so often have the  king of England give their royal assent thereunto Judicial precedent of grave  and reverend judge in boundary to set bounds that long since depart the world  and they be many in number precedent be and the judge of a bench make time and  that be judge you have as he term they lively account manifest and apparent  reason towards the conclusion he declare that they of the commons have upon  great study and serious consideration make a great manifestation unanimous  nullo to speak against concern this great liberty of the subject and have  vindicate and recover the body of this fundamental liberty both of their  lordship and themselves from shadow which some time of the day be long  sometime short and sometime long again and therefore we must not be guide by  shadow and they have transmit to their lordship not capita a thing head or  brief for these compendia be expense but the record at large in boundary  to set bounds and so he conclude that their lordship be involve in the same  danger and therefore ex salary of pastor  wholly deserving they desire a  conference to the end their lordship may make the like declaration as they  have do commune periculum common inquire repeatedly help and thereupon take  such further course as may secure their lordship and they and all their  posterity in enjoy of their ancient doubt and fundamental liberty April this  house be never yet divide I come hither this day to give subsidy and the king  have furtheredme Ifwe shouldgoawaywithout give what rumour will there be and  what distraction in the town some have move for poll money I will have no new  thing I will have no constraint in wardship and subsidy let a man have a good  pennyworth in his own land let it go by assessment for poll money there be  diverse precedent but all with ill success Richard num he demand money by the  poll it cause a rebellion where the rude multitude chap off many a good man  head Henry there be a new device to raise money but the gentleman of Yorkshire  will not pay to that rate whereupon the duke of north umberland be send among  they they chap off his head also in the country for which I serve the  gentleman be not much aforehand and the poor be very poor I agree with he that  ring at the before bell subsidy to be pay between this and Christmas April  there be a secret of law what may a lieutenant do by law before Elizabeth  there be no continue lieutenant but uponcertainoccasions as occasion do serve  like the high Commission court which be never but upon some occasion for it be  very dangerous to have it stand no appeal can be from it in time of peace a  lieutenant can do nothing but accord to law pasch Edward rot in person king  Thomas Lancaster in Edward make a insurrection and be take to flame crimine  and they give judgement without indictment and he be behead say pro eastern  quoth non to be arrainatus say secundum law etcetera et cur res to be  area free from obstacles therefore to be see revertor. that be time peace if  the court of justice be open none ought to be execute nothing must be do but  accord to law and it be adjudge that he be unlawful put to death if there be a  uproar if the king court be open you can do no martial law Edward pars prima  Roger de Mortimer be executedbymartial law when the king court be open and his  heir have a assize and reverse it two law will never stand in England if the  court be open no martial law Edward the be more plain pasch Edward rot  Worcester in person king Mortimer earl of march be none of the best man but  you must punish he by law else you make he innocent he be take and without  judgement have his head chap off and his heir come and recover all this billet  of soldier in my house be dangerous house be to look at refugium one say keep  soldier from idleness or else nothing think nisi de ventre et loveliness you  hear how fruitful they be there be man now billet no doubt but upon a humble  petition his majesty hear of it will take a course with they the king of  Denmark want man send they thither let a subcommittee draw a petition if this  vermin be in the country it will disable and dishearten the country no doubt  his majesty will meet we half way April the word of the statute be citizen  free and resident be choose and no other the judgement of the election be the  right of they that sit here and not the return of the sheriff when I be  speaker thisquestion be then and it be answer the election be free and they  may choose a stranger and that law be make for the benefit of the citizen and  who to be able renunciare law pro see Self they may disclaim their own liberty  and give away their own liberty and when they choose they by way of  implication this make they freeman and I be choose in Cornwall where I be  never free nor resident and I be then speaker the sheriff be not judge he be  to return accord to the major number and this house be to judge of it in  Buckinghamshire the county do elect one and the sheriff will not return he  because he be outlaw and James he be here and punish this sheriff be call in  and bring to the bar and kneel and there confess his fault that he do it out  of ignorance and confess that mr green and mr Purefoy have the plurality of  voice but because they be not resident he do not return they a this gentleman  make a warrant for fear to have party in law suit to acknowledge he himself  confess it we have rule and they guide we well be all mala patience how evil  to agree it be writ in every honest man heart not to consent to ill this man  make a warrant when no warrant be make to he Richard the judge among who be  Bealknap give this opinion against his conscience and say it be out of fear  but at home he can not sleep but say he I deserve h a hurdle a halter  andahangman after Henry in the parliament roll it be say that no man hereafter  shall excuse himself by fear I say coward fear man sapiens be of oak he will  never shrink for fear nothing be timor say destruction it betray succour it be  no answer to say he have give his judgement from fear I mislike a man that  differ from I in fear this man be not layman but to cause to know his credit  be his life let our censure be and amendment not and destruction his offence  be great this almanac must serve for the meridian of England this example will  prove more and try more than twenty point of doctrine and it will strike far  solus Deus error non to be able April I be as tender of the privilege of this  house as of my life and they be the heart string of the commonwealth the king  make a prorogation but this house adjourn itself the commission of adjournment  we never read but say this house adjourn itself if the king write to a abbot  for a corody for a varlet if it be ex a request though the abbot yield to it  it bind not therefore I desire that it may be enter that this be do ex  a request king April crede I be who to lurk be to live I may say be dixit who  be to be silent this message may prove gracious it stand on part first his  majesty tell we he have give we timely notice of his supply and of his  expectation second that he find a stop this we must clear or refer it to a  committee that we chalk out our proceed and if we can let we open our stop and  show that we so proceed as never subject do three that he expect that we apply  ourselves to his majesty affair my soul and all this house for we have all one  soul and one judgement and affection to the king agree to that fourthly that  his majesty affair his affair be the affair of the kingdom and we proceed  together and not one to interrupt the other let we speak it with all reverence  we be the unworthy man that ever live or take any English air if we give not  supply to the king and to make provision for our liberty if we be not  interrupt with grievance we shall end all if his majesty will give we a  gracious answer and to expedite they will expedite we as for the conclusion  that shall never fall out God forbid let we with all speed address ourselves  to show there be no stop on our side and prepare our grievance April I  persuade myself that that great lord speak not of himself raze record be  felony and sure that noble lord be inform that a record be raze and that be  felony I expect that that worthy gentleman shall be a ornament to the law but  this touch not he but this house the charge be heavy for raze record report by  a great lord of noble blood we be bind to stand by he and acquit he let we  find out the author if this be not right never employ any more I will not  speak of the bishop of Durham that late presume to offend in this kind Henry  when the statute of non-residence come in and bribe of the clergy suppress  bishop fisher say it be want of faith down go the church look to Bohemia the  house will not sit but the bishop make a friar distinction and say he mean not  the house of Commons but Bohemia and this be then accept of I hope this will  not hinder the business set down the word in word conception and desire  justice of the lord April I be glad there be no other authority than be cite  we touch not the king power the king have power to grant commission of oyer  and terminer but the manner now be only the question the king may pardon  felony no man dispute it but if a pardon be good in a particular cause we do  dispute every day we do not innovate but what be do in the best king time the  martial law belong to the constable and marshal we set down in what time the  martial law be to be execute those commission now grant be not in the old from  admit the king have a power that power may be regulate by act of parliament  Richard cap the king Willing to ordain remedy have declare the power of the  constable and marshal that the constable be to have cognizance touch deed of  arm and war out of the sea and also war within the sea that can be determine  by the commonlaw the military man may find fault with the gentleman of the  long robe that dispute this power I honour that profession we will teach they  how to use martial law April your lordship have well perceive how fair and  with what respect we have deal with you and ever shall we bring up unto you  what we have resolve on and not only that but the cause and ground of our  resolution and all our record the like whereof be never do in parliament and  we be to maintain what we do the natural and the politic body have a great  resemblance and proportion and as the natural body have symptom of good or  evil health so we hold it a good symptom for we that mr attorney be so long  and so loath to come to it my lord we will break order rather than defer the  business this conference be between the two house mr attorney be no member of  your house he attend you but his voice be with we yet we be so Willing to  proceed that we will take no hold of thread let he say what he can we will  allow he a voice here where he ought not to speak we have refer to power  so much permission quantum undertaking and therefore for all new matter of  this conference we come with ear not with tongue for the resolution of the  judge we be glad of they and we be confident never a judge in England will be  against what we have resolve we can say nothing to it it be new matter but we  will report it faithful to our house a As say he the centre of the great  circle be but a little prick so the matter ever lie in alittle room  butweightybusinesses be spin out to a high length this he say be more weighty  than difficult his part be little he will run over mr attorney reason brief  and say he summa sequar vestigia a thing this tenet of they be express short  and significant it be a wonder for he to hear the liberty of the subject shall  be think incompatible with the regality of the king for nothing tam proprium  be command how law live say Bracton nay further to assign king law quoth law  ei dominium for command to drive without lege non to be able first he say mr  attorney seem to intimate that in this special mandatum a cause shall be  conceive to blind the judge when other matter be intend he have hear indeed of  that sentence who not know  to make unlike not know  to have royal power but  he hold it no good divinity for David in the that psalm desire he sound heart  that be a heart without dissimulation ergo no king shall cover to dissemble in  his mandate then for that case of rebellion in Ireland he say it be good land  mala gens but he say O'Donnel's child lose nothing by the bargain to pass away  nisi to pass away for they be better bring up here in the true religion  insteadofpopery beside they have lose nothing for their blood be taint it be  charity to keep they a strange proviso that a thing happen once in year shall  overthrow and mar so many statute in continual use against the old rule have  she who often to fall upon jura adapta  and he never hear of such a objection  in the next reason he say mr attorney come close to he and say he be glad he  have awake he that a king be trust in great thing as war money pardon denisons  ergo c to say no say he for the liberty of the person be more than all these  it be maximum all of man will do you much good the very sovereign of all human  blessing yea but the king may make money of brass say Dionysius Halicarnasseus  or other base metal as he hear queen Elizabeth say that her father king Henry  the eight do hope to live so long till he see his face in brass I e in brass  money he say this be a main point and that whatever the king power be by the  commonlaw yet be it qualify by act of parliament and no man will deny but the  king may limit himself by act of parliament he cite Edward c Henry c that the  money must be of weight sterling ergo it must now be of the lie and fineness  of sterling in another statute de dimission containing ten each it be require  the coin shall be de of metal ergo not illegitimate why must the king have the  i of gold in my land but for the use of his mint and coin he cite also a law  of king Edgar c and of Canute c that no money shall be current but of gold and  silver and for pardon they be also limit in wilful murder as he prove out of  the and Edward and this he say by the way now his part be short he have before  express what book and warrant they have for their tenet if he be a little more  earnest than seem fit he crave your lordship pardon it concern he near he take  occasion here to say under reformation his reason be not answer or not full he  touch upon his former reason from imprisonment that it be a badge of a villain  to be imprison without cause that this and saller ill haut bas be  not common with others quarto modus to villain this he present with all  reverence for we say he speak for the future time only our king be good and  the council most gracious but non we born to be it be forourposterity that we  desire to provide rather than for ourselves that they be not in worse case  than villain for to be imprison without cause show be to be imprison without  cause at all de non that this only is apparent non to step out  by the same route be ratio he agree with mr attorney in the enumeration of all  the kind of habeas corpus and if they two be alone he do not doubt but they  shall agree in all thing only he say that for a freeman to be tenant at will  for his liberty he can never agree to it it be a tenure that can not be find  in all Littleton then he also touch his former argument from universality that  the lord the bishop and all be jumble and involve in this universality law do  privilege nobleman from arrest this new doctrine like the little God terminus  yield to none nay the judge themselves when they shall sit on the bench must  be walk towards the tower then he fall to a protestation that he intend no  prejudice at all to the king for matter of state for the honourable must be  maintain in honour or this commonwealth can not subsist but the question be  whether they ought not to express the cause he repeat again Plowden Elizabeth  pl the commonlaw have so admeasured the king prerogative as he can prejudice  any man in his inheritance he cite also Edward c to prove that all judgement  give against great Charta be void next he be please to say he be not so well  deal with in one particular as he expect for a student report shall not have  be cite against he he desire mr attorney to remember he have not reality ex  bishop or infallibility of spirit that be for the pope he say he misgrounded  his opinion upon Henry which be nothing to the purpose he be now assure his  opinion be as little to the purpose here he take notice of a objection what  can you arrest none without a process or original writ why the suspect fellow  will run away to which he answer that process signify the whole proceed and  cite a rule in law when law some  to go away  to go away to see id without quo  res self be non to be able the law give process and indictment ergo give all  mean conduce to the indictment and this answer all mr attorney case of  watchman and constable a sir Edward coke put your lordship in mind that you  have the great cause in hand that ever come into the hall of Westminster or  indeed into any parliament my lord say he your noble ancestor who place you  hold be party to great Charta so call for weight and substance for otherwise  many other statute be great in bulk as Alexander a little man call magnus for  his courage and you my lord the bishop say he be command fulminar to thunder  out your anathema against all infringer of great Charta opinion to bear super  Chartas and all the worthy judge that deserve their place have ever have great  Charta in great estimation now as justice have a sword so it have a balance  weigh haec cause beat that party in law suit put together my noble lord in one  balance act of parliament record precedent reason all that we have speak and  that of Edward whereto I find no answer and in God name put into the other  balance what mr attorney have say his wit learning and great endowment of  nature and if he be weighty let he have it if not then conclude with we you be  involve in the same danger with we and therefore we desire you in the name of  the commons of England represent in we that we may have cause to give God and  the king thank for your justice in comply with we we speak our conscience as  it be for the present we sometime change our opinion upon better reason also  it be dangerous for we to allow this for the clerk with his pen may mistake in  set down word perhaps he mistake shall this conclude we the clerk may leave  out somewhat and say then some opinion be so that shall not bind we let we  answer that we will think of it and give what answer shall be fit for we to  give it be not fit the book be any evidence against we the clerk office be not  to take our say but to take the order of the house only April for foreign  employment there be a difference when the party be the king servant and when  not Edward rot in back this be the time when the law be in its height sir  Richard Pembridge be a baron and the king servant and warden of the cinque  port he be command to go into Ireland and to serve as deputy there inside  object near quoth idem king to lead back in memory incense a favor ei expense  et near disobedience to sew et Unthankfulness etcetera note that Ireland be  part of the kingdom of England what punishment have he he be not commit yet  the king be high offend because he have office and fee and land pro slavery  his expense the king seize his land and office et preservation five a harbor  et castrum Pembroke et custodiam forest etcetera et custodiam heir I S durante  minoritate undertaking Himself per king volens quoth prediction non to send in  et that duty etcetera I go to the parliament roll and in Edward there be  another precedent for foreign employment they that have office and land pro  council or slavery expense if they refuse those land and office so give be  seize but no commitment April I shall maintain law pretty maxim to retain are  pretty jura the civilian that expound Richard his exposition corrupt the text  God send I never to live under the law of conveniency or discretion he say  also both law stand together cumulative bring it to a court of justice shall  the soldier and justice sit on one bench the trumpet will not let the crier  speak non be convenient he vouch et Phil et mar and the proviso there that be  one of the cause the statute be repeal this be to go out of the text the  question must be determine by the law of England and the martial law be bind  by it if you bring I other law it be not to the purpose the commonlaw be the  great and principal law take a case mix with the civil law the commonlaw carry  it Henry the civilian enjoy their land by the commonlaw and not by the civil  law quoth untimely unpleasant I will first show what be the time of peace  which be when the court of Westminster be open for when they be open then you  may have a commission of oyer and terminer and where the commonlaw can  determine a thing the material law can pasch Edward in the exchequer in the  earl of ken case Henry grant a fair to saint Ives render livre per annum and  after by another charter he grant that if the profit of the fair be interrupt  by reason of war he shall not pay the rend after the king grant the rend to  the earl of ken in a to know facias the abbot plead that it be time pretty and  thereupon issue be join Edward quare hinder the issue be pass if it be a time  of war or of peace and nothing be there ajdudged but in Edward the record say  that the say issue ought to be judge by think over king it shall not be try by  a jury but by the record whether martial law may be in time of peace Edward de  boundary the number three nothing because time duelli et non to hold Henry all  the appeal of thing do within the realm shall be try by the good law so call  in opposing in the cruel war if two man go into a foreign nation and there  fight and one be kill the martial law try it by way of appeal accord to the  civil law Henry fol accordant drake slay doughty beyond sea doughty brother  desire a appeal in the constable and marshal court and Wray and the other  judge resolve that he may there sue we make no law we must not mediate where  law non to separate to hang a man tempore peace be dangerous I speak not of  prosecution against a rebel he may be slay in the rebellion but after he be  take he can be put to death by the martial law pasch Edward rot Edward num  when the court be open martial law can be execute Henry num Wilman's case the  constable and marshal desire a addition to their commission and they proceed  against some accord to that power but because it be not accord to their  ancient power it be void for they can do anything accord to that additional  power and there be a prohibition to stay their proceed by virtue of that  additional power Henry the king grant a leet and that there shall be  cognizance of rape and the grant be void so if the king grant to the justice  of the common plea to hear felony the civilian provide for himself and say the  commission be only for actual soldier but the commission go to all soldier and  all that shall join with they and who shall judge of this who be soldier and  who they be that join with they there be now article to which that commission  have reference of they be write in blood how shall the soldier know how to  obey they they be not under the great seal the Council of York have a  commission with reference to instruction when I be judge in the common plea we  grant prohibition and after king James cause they to be add to the commission  itself April I will tell you how I begin the lord and we stay a hour for mr  attorney before he come when he come I make a protestation and I observe it be  a good symptom he be so loath to come to it I say he be by order of parliament  not to speak if he have any voice at all his voice be here with we but the  case be such that to expedite it we will break any order my part fall into  reason he say there be a incompatibility between a monarchy and our resolution  but I say nothing be tam proprium monarchy how law et without law non  to be able be command he say that sometime the true cause must be conceal and  hide but I say that hold not in law who not know  to make unlike not know   live he put a case of Irish rebel that be put in the tower I answer it be  charity to keep they and sir Dudley dig answer they be to lie there till they  find good surety for their good behaviour which they be not able to do and  also and she who often to fall upon jura adapta and that case have not fall  out but seldom he leap over seven statute by the be of simulation and four  case he put by way of simile as money the king may make it of what metal he  please etcetera and therefore he may imprison it be a plain non sequitur but I  answer this case of coin by the statute of Edward and Henry all money must be  of the lie of sterling I tell he what I hear queen Elizabeth say of her father  nativity that be cast and that he shall live till he see his face brass and so  he do copper payment be no payment but it be further answer admit the king  abase his money he himself suffer more than the subject so if he make war  which be another of the attorney simile he and the subject be both involve  there to pardon a malefactor or to make a denizen which be his other case the  king may lose by it therefore may he imprison a strange argument a simile he  say the judge know wherefore Monson be commit so I say the judge know  wherefore the gentleman be commit then come a sergeant at law he have damnable  and desperate reason that our conclusion tend to a anarchy and not to a  monarchy if this be yield to it be to put the sword into the king hand with  one hand and to pull it out with another you must allow the king to govern by  the law of state or else there be no power there this question be too high a  question to be determine where the person be to receive irreparable loss this  raise up dust in all our face if the king demand money by way of loan and the  party refuse and be commit will you have the cause bring up in a habeas corpus  so he deal most unjust and rash and I move that we may have a conference with  the lord about he as for the resolution of the judge they say they neither  determine one nor other and it be no judgement they comply with we April I see  you all cry commit it commit it and you laugh at it as you say so but good mr  speaker it be the bill not the sin which we will have commit April this be of  more weight than difficulty ACommon Council may take place in four case for  the government of the city accord to the law of the realm for the common  profit as for mend way etcetera so as it exceed not law and reason to regulate  trade and to prevent fraud as a halfpenny for a cloth that be measure and  search etcetera a ornament to the city upon a victory but to compel a man to  lend money to purchase land etcetera it be altogether unlawful the king deal  only with the mayor and court of alderman and not with this party April this  be case of great consequence and we be to deal tender this be the wheel that  turn that great business of the house that that I speak be for future time we  see what a advantage they have that be learned in the law in pen article above  they that be not how wise soever our resolution be plain and open and clear  what they be we be to dispute we have resolve no one to speak against that no  free man etcetera this be accord to my conscience and knowledge the first  proposition for magnacarta and the six other statue the word be good but they  conclude nothing in what case they be in force be it if any be imprison  without cause and there be not a word of that also they conceive these statute  be explanatory and they mention not Edward I delight in the king grace but  will you have magnacarta as a grace our petition be a petition of right and  the king be to do it in right for the second proposition that accord to  magnacarta we have propriety etcetera that determine nothing the question be  what be law terrae therein some differ if I have any law law terrae be the  commonlaw for the three we shall out of grace enjoy our ancient fundamental  liberty be it not right I know not what fundamental be it be Holborn Latin I  understand not fundamental liberty or propriety we gain nothing by all those  he will gracious confirm all our just liberty we be in a round the king  Council say they may commit we without cause show and all be out of grace and  as our ancestor do under the king best progenitor who be his best progenitor  they that have best possession or best virtue I never read who be the best  king also there want the word predecessor the bishop therefore be go the four  have more danger in it than be mean that within all case within the commonlaw  etcetera that concern the liberty of the subject his majesty will proceed  etcetera shall we seclude all the statute and custom and he not proceed accord  to the commonlaw and yet the commonlaw must now yield to the law martial I be  sure the martial law be here mean the commonlaw must yield to it for the five  I will point at it I understand not much in it his majesty prerogative  intrinsical it be a word we find not much in the law it be mean that  intrinsical prerogative be not bind by any law or by any law qualify we must  admit this intrinsical prerogative a exempt prerogative and so all our law be  out and this intrinsical prerogative be entrust he by God and then it be due  jure prophet and then no law can take it away then it follow that for defence  etcetera if his majesty shall find cause to commit he may we be but where we  be we can yield to this that he shall have power to commit any and within  convenient time he shall declare the cause and this be that we all strive for  and the king contend for it before magnacarta and can never prevail and the  confirmation be in general to be show if it be per mandatum domini king or for  matter of state and then we be go and we be in a worse case than ever if we  agree to this imprisonment for matter of state and a convenient time we shall  leave magnacarta and the other statute and make they fruitless and do what our  ancestor will never do we shall say for matter of state and a convenient time  a man maybe commit without cause Henry there be a little point in law to be  change for antenati before marriage say to answer all comites et baron there  be no duke nor marquis then  not law England to move I will never yield to  alter magnacarta we be now about to declare and we shall now introduce and  make a new law and no king in Christendom claim that law and it bind the  subject where he be never bind never yet be any fundamental law shake but  infinite troubleensued the statute of non clameum the commonlaw be that you be  to make claim in one year that be take away and then come such trouble as they  be never quiet till Henry so the law be that no man shall will his land by  testament now we have that law alter and now five part of the suit in  Westminster hall be upon that point it be true a thing advance to stretch out  many men  who in beginning to take care non to be able shake magnacarta and we  know what will come of it you have a rule in building lapis male situation non  be to move back have we come up thither and declare what the law be and shall  we go back and consent of these commitment consider the trust we repose in the  lord we show they our evidence we desire they to declare the like but to be  against we we beg it not if the lord will not comply with we but make any  hesitation I doubt not our gracious sovereign will comply with we April there  be a fault on all side the recognizance be upon record he be now bind not to  make any use of his privilege a man elect can refuse he must serve his trust  he can make no proxy he sit for many a thousand it be ill do to do this let we  send for the recognizance a Henry it be in the parliament roll that no loan or  privy seal shall be without parliament when I be attorney I see it but now it  be lose Richard num diverse merchant be undo by loan Richard rot to the same  purpose Henry num et no loan or aid for guard of the realm Westminster cap  none shall come to eat in the house of any prelate or any other let we recite  all these law in the bill April first they agree to set down capita propriety  of good liberty of person and last billet of soldier and also the particular  statute that be in force magnacarta cap Edward the first part of it Edward de  Tallagio  to go away Edward cap Edward num et Edward cap Edward Edward num et  Edward Edward num Richard cap in this law we look not back for who return to  separate and we have make no preamble other than the law before mention and we  desire our pen may be in oil and not in vinegar the bill be exhibit and read a  act for the better secure of every free man touch the propriety of his good  and liberty of his person whereas it be declare and enact by magnacarta that  no free man be to be convict destroy etcetera and whereas by a statute make in  Edward call de Tallagio non  to go away and whereas by the parliament Edward  and Edward and Edward etcetera and whereas the say magnacarta be confirm and  that the other law etcetera be it enact that magnacarta and these say act of  explanation and other the act be put in due execution and that all judgement  award and rule give or to be give to the contrary shall be void and whereas by  the commonlaw and statute it appear that no free man ought to be commit by  command of the king etcetera and if any free man be so commit and the same  return upon a habeas corpus he ought to be deliver or bail be it enact now  that no free man shall be commit by the king or privycouncil and the cause  ought to be express the same and no other be return upon a habeas corpus shall  be deliver or bail and whereas by the commonlaw and statute every free man  have a propriety in his good and estate as no tax tallage etcetera nor any  soldier can be billet in his house etcetera be it enact that no tax tallage  loan shall be levy etcetera by the king or any minister without act of  parliament and that none be compel to receive any soldier in his house against  his will a if the king shall have this prerogative he shall lose most by it  and if the naked truth can appear to his majesty he shall see that no flower  of his crown shall be violate and the subject make worse than a villain but  for that that no cause shall be show upon the commitment the honest man and  the honest judge shall be most miserable he that have a upright heart to God I  be commit to the tower and all my book and study search and manuscript be take  away and be restore and I will give l for the other I be inquire after what I  have do all my life before so then there may be cause find out after the  commitment and the commitment be fearful all man mouth be open against the  party and our friend afraid as well to come to we I think the act of  parliament include these question in substance but it be only imply it be not  now without occasion that we insist upon this be there ever such violation  offer be there ever such commission and oath why be there ever such violation  and be not the king nam in magnacarta at least by way of implicity and Edward  and Edward name the king and his Council