Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 15 die Aprilis,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
E. of Banbury introduced.
HODIE William Earl of Banbury was brought into the House, in his Parliament Robes, between the Earls of Suff. and Sarum (as the Manner is), and placed next to the Earl of Berks.
Judgement given in the King's Bench complained of by the Commons.
The rest of the Judges proceeded severally, and declared what their Judgement was, which they gave in the King's Bench (which the Commons complained of), and upon what Ground they gave the same.
Mr. Justice Jones began; then Mr. Justice Dodderidge, and last of all the Lord Chief Justice. They all agreed in this with Mr. Justice Whitlocke: videlicet, "That they gave no Judgement at all."
The Effect of all their Declarations was briefly this: videlicet,
Declaration of the Jadges concerning this Judgement.
Δ "The Judges of the King's Bench did, with one Resolution, all agree, That the Great Charter of England and the Six subsequent Statutes mentioned by the Commons, do stand still in Force.
"And for the Way of their Proceedings in the Case of the Habcas Corpus, etc. they the said Judges affirmed, That they have given no Judgement at all, nor done any Thing to the Prejudice of the Subject, or in Diminution of the Power of the King, or against those Laws, so as therein no Jealousy or Fear need arise; for it was but a Rule or Award of the Court; and no Judgement; and (notwithstanding any Thing done by them) they all agreed, That the next Day, or the next Term, a new Habeas Corpus might have been demanded by the Parties, and they must have done Justice.
"And whereas further, by Consequent, there was a Discourse of an Entry by remittitur or remittitur etc. or remittitur quousque, etc. they the said Judges, out of their Learning, and from the Experience of the Clerks, assured their Lordships that, Those Entries are all of one Effect, and tend to one End; that is, to a Curia advisari vult.
"Last of all, whereas there was no Apprehension of some Intention either of a Judgement, or some new-fashioned Entry to be made, they all protested, That, as in the Term they gave no Warrant for any such Thing; so immediately after the Term, * when the Clerk attended to know their Pleasure therein, they every one, Man after Man, commanded him not to digress from the Form of Entry which had been usual in all Cases of that Nature."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Mercurii 16th diem instantis Aprilis, hora nona, Dominis sic decernentibus.