Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, videlicet, 6die Julii.
Petition of the Prisoners of Ludgate referred.
Message from the Commons, with Three Bills.
A Message was sent from the House of Commons, by the Lord Viscount Waineman; who said, he was commanded to deliver to their Lordships Three Bills, which had passed the House of Commons; one intituled, "An Act for the better ordering and regulating of the Office of Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of false Weights and Measures."
Desire a Dispatch of some Bills; and they will bring up the Impeachment against the Judges.
And he was further to desire a Dispatch of some Bills brought up formerly, as the Bills against Pluralities; and that their Lordships would appoint some Time, when their Lordships shall be at Leisure, that the Commons may come up with the Impeachment against the Judges.
That their Lordships will give a Dispatch to these Bills now brought up, with all convenient Speed; and will, in a short Time, give a Dispatch to the Bill against Pluralities: And further it was told them, That their Lordships have appointed great Business this Morning, concerning the Safety of the Kingdom; but will sit this Afternoon, at Three a Clock; at which Time they will give the House of Commons a Meeting, concerning the Impeachment of the Judges.
No more private Petitions to be received.
Ordered, in regard of the Multitude of Petitions now depending in this House, That no more Private Petitions shall be received into this House; and that such Causes as have particular Days assigned shall be heard; but such Petitions as have no Days of Hearing appointed for them shall be adjourned until the next Sitting of Parliament; and Notice hereof shall be presently given to the Parties whom it concerns, that they attend no further; and lastly, that such Causes as are of a Public Nature are to be preferred before Private.
Officers of the Star-chamber recommended to the Parliament by the King.
The Earl of Essex signified to this House, from His Majesty, "That he was commanded to let their Lordships know, that His Majesty, having given His Royal Assent to the Bill for taking away the Court of Starchamber, doth recommend to the Parliament's Consideration the Case of Sir William Pennyman, and the rest of the Officers of that Court, how they may have some Reparation for the Loss of their several Offices." Hereupon it was Ordered, That the Committee formerly appointed for this Business do meet on Saturday next, in the Afternoon; and the Earl of Essex is added to the said Committee.
Committee for a Conference, concerning the Depredations of the French, &c.
Next the House fell into Consideration of the Depredations; and, after some Debate, these Lords following were appointed to consider and prepare some Heads of this Business for the House, and so to prepare for a Conference with the House of Commons: videlicet,
Earl of Bedford's Bill.
The Earl of Bath reported the Earl of Bedford's Bill fit to pass, with some few Amendments; which being read Once as it was without the Amendments, and Twice as it is with the Amendments, it was Ordered to be ingrossed with the said Amendments.
Earl of Cleveland's Bill.
It was reported, That the Committees for the Earl of Cleveland's Bill have considered thereof; and whereas the Lord Privy Seal put in a Proviso, to have his own Estate, which he holds from the said Earl of Cleveland, the Lords Committees have voted it as not fit to pass, in regard it will be a great Impediment to the Sale of the Lands; but the Committees do think (fn. 1) fit that the Lord Privy Seal have his Money again, which he paid for his Estate, and have, over and above the Purchasemoney, a Thousand Pounds paid him by the Earl of Cleveland; and, in regard of the other Estates that were upon the Lands to be sold, the Bill is re-committed to the Committee, to consider of the saving the Estates of the rest of the Creditors.
Sir G. Wentworth to speak with Sir G. Radcliffe.
Bill against Recusants.
Petition of the Recusants.
Then the Petition presented by the Recusants was read, but referred to be considered of some other Time; and so the House being resumed, it is Ordered, That the Bill concerning Recusants shall be further debated on Thursday Morning next.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3a, Dominis sic decernentibus.
Bill concerning the Clerk of the Market, and Reformation of false Weights and Measures.
Hodie 1a vice lecta est Billa, An Act for the better ordering and regulating of the Office of the Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of false Weights and Measures.
Lords to report the Conference.
Charge against Six Judges.
"That the House of Commons had brought Six several Charges against Six particular Judges; videlicet, the Lord Chief Justice of the King's Bench, the Lord Chief Baron of the Exchequer, Baron Trevor, Justice Berkley, Justice Crawley, and Baron Weston; one whereof was an Impeachment of High Treason; the rest of the Charges were for divers Crimes and Misdemeanors, as were largely set forth by the Gentlemen of the House of Commons that brought up the Charges." And then his Lordship delivered in the Charges to the Clerk, signifying to their Lordships, That the House of Commons desired that the said Judges may be put to their Answers, and be proceeded against according to Justice and the Merits of their Cause."
Mr. Hollis's Speech.
Then the Lord Bishop of Lincolne reported what Mr. Hollis concluded with, which was to this Purpose: "That the Gentlemen having represented unto your Lordships the sad Object of Justice perverted, Liberty oppressed, of Judgement turned into Wormwood, the Laws (which should be the Bars of our Gates, to protect and keep us, and all that is ours, in Safety) made weak and impotent, to betray us into the Hands of Violence; instead of Props to support us, become broken Reeds, to deceive us, and run into our Sides when we lean upon them, even so many Snares to entrap and entangle us; and all this by the Perfidiousness of those who are entrusted with our Laws, who call themselves the Guardians and the Interpreters of the Law, but, by their accursed Glosses, have expounded the Text, and made it speak another Language, and another Sense, than ever our Ancestors the Law-makers intended. Our Ancestors made Laws to keep themselves, their Posterity after them, in the Possession of their Estates; these Judges could make the Law itself rob us and despoil us of our Estates. Were we invaded and prosecuted at any Time for pretended Crimes, or rather because we were free from Crime? and did we put ourselves upon a legal Defence, and shelter ourselves under the Buckler of the Law; use those lawful Weapons which Justice and Truth and the common Right of the Subject did put into our Hands; would this avail us? No, these Judges would make the Law wrest our Weapons from us, disarm us, take away all our Defence, expunge our Answers, even bind us Hand and Foot, and so expose us naked, and bound, to the Mercifulness of our Oppressions. Were our Persons forced and imprisoned by an Act of Power, would the Law relieve us, when we appealed unto it? No, it would join Hands with Violence, and add Bitterness to our Sorrow. These Judges would not hear us when we did cry; no Importunity could get a Habeas Corpus; nay, our Cries would displease them, and they would beat us for crying, and overdo the unjust Judge in the Gospel, with whom yet Importunity could prevail."
The Gentleman further said, "The Commons of England finding themselves in this lamentable Condition by the Wickedness of these Judges, it is no Wonder that they complain of them; it is no Wonder, if the Knights, Citizens, and Burgesses assembled in Parliament, have sent up some of their Members, to stand upon Mount Ebal, to curse these Judges, to denounce a Curse upon them who have removed our Land-marks, have taken away the Bound-stones of the Propriety of the Subject, have left no Moum and Tuum; but he that had most Might, had most Right, and the Law was sure to be of his Side. He said, it hath been the Part of those Gentlemen who spoke before him, to pray Justice upon those Men, who would not do Justice to others. He was come upon another Errand, and yet for Justice too, for there is Justice upon Mount Gerizim as well as upon Mount Ebal. He said, it is as great (fn. 1) a Point of Justice to give a Blessing, a Reward where it is due, as Punishment where Punishment is due; for Reward and Punishment, præmium et pæna, be the Two Legs that Justice walks on; and Reward is her Right Leg, the more noble and the more glorious Supporter of that Sacred and Divine, that which God Himself, the Fountain of Justice, doth more delight in.
"Punishment is good as Physick in the Consequence; Reward as wholesome and nourishing Food in the Essence; the one we do, because we must do it as necessary; the other because we love to do it, as being pleasing and delightful.
"He said, We honour them, and reckon them Martyrs for the Commonwealth, who suffer any Thing by defending the Common Right of the Subject, when they will not part with their own Goods contrary to Law, when indeed their private Interest goes along with it, or rather before it, and the public Concernment seems to come but in a Second Place. Such were those many, whom these Judges have oppressed; yet these Men we magnify, and judge worthy of Praise and Reward.
"But what Honour then is he worthy of, who, merely for the Public, hath suffered himself to be divested and deprived of his Particular? Such a Judge as would lose his Place, rather than do that which his Conscience told him was prejudicial to the Commonwealth, is worthy of double Honour.
"And this did that worthy Reverend Judge the Chief Justice of England at that Time, Sir Randolph Crewe; because he would not, by subscribing, countenance the Loan in the First Year of the King, contrary to his Oath and Conscience, he drew upon himself the Displeasure of some great Persons about His Majesty, who put on that Project, which was afterwards condemned by the Petition of Right, in the Parliament of Tertio, as unjust and unlawful; and by that Means he lost his Place of Chief Justice of the King's Bench, and hath these Fourteen Years, by keeping his Innocency, lost the Profit of that Office, which, upon a just Calculation, in so long a Revolution of Time, amounts (fn. 1) to Six and Twenty Thousand Pounds, or thereabouts.
"He said, The House of Commons are therefore Suitors unto your Lordships, to join with them in the Representation of this good Man's Case unto His Majesty; and humbly to beseech His Majesty to be so good and gracious unto him, as to give him such Honour (the Quality of his Case considered) as may be a noble Mark of Sovereign Grace and Favour, to remain to him and his Posterity, and may be in some Measure a proportionable Compensation for the great Loss he hath with so much Patience and Resolution sustained."
Lord Mayor and Aldermen versus The Commonalty of London, concerning the Election of Officers.
Upon the Reading the Petition of the Six Persons chosen by the Commonalty of the City of London, it is Ordered, That the said Persons shall and may, by virtue of this Order, take, or cause to be taken, Copies out of all such Records as they do or shall think are material to the Cause now in Question, according to a former Order of this House; and these Copies so taken as aforesaid, to be done while the Clerks in whose Custody they are, be present in the Room.
Smart versus Sir Wm. Middleton.
Upon reading the Petition of Peter Smart, Clerk, it is Ordered, That Sir William Middleton and his Man, mentioned in the said Petition, are to attend their Lordships upon Wednesday the Seventh of this Instant July, by Nine a Clock in the Morning, and to bring the Bond also mentioned in the said Petition with them.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 7m diem instantis Julii, hora nona, Dominis sic decernentibus.