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seen, the speaker was held in the chair till a protestation was made in the house:

"That whosoever should bring in innovation of religion, or by favour or countenance seem to extend or introduce Popery or Arminianism, or other opinion disagreeing from the truth and the orthodox church, should be reputed a capital enemy to this kingdom and commonwealth:

"That whosoever should counsel or advise the taking and levying of the subsidies of tonnage and poundage, not being granted by parliament, or should be an actor or instrument therein, should be likewise reputed an innovator in the government, and a capital enemy to the kingdom and commonwealth:

"And if any merchant or person whatsoever should voluntarily yield or pay the said subsidies of tonnage and poundage, not being granted by parliament, he should likewise be reputed a betrayer of the liberties of England, and an enemy to the same."

The next day after this protestation, warrants were directed from the council to Mr. Denzil Hollis, Sir Miles Hobart, Sir John Elliot, Sir Peter Hayman, Mr. Selden, Mr. Coriton, Mr. Long, Mr. Stroude, and Mr. Valentine, to appear

A. D. 1628-9.

A.D. 1628-9.

before the council. Mr. Hollis, who was son to the Earl of Clare, was asked, * wherefore, the morning when the parliament was dissolved, he placed himself by the chair,† above divers of the privy counsellors. He answered, "that he took it to be his due in any place whatsoever, unless at the council board; yet, finding his majesty was now offended with him, he humbly desired that he might rather be the subject of his mercy than his power:" upon which the treasurer said, "You

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mean, rather of his majesty's mercy than his justice." Mr. Hollis replied, "I say, of his majesty's power, my lord." Sir John Elliot, being questioned for what he had said in the house, answered, "that whatsoever was said or done by him in that place, and at that time, was performed by him as a public man, and a member of that house; that he was, and always would be, ready to give an account of his sayings and doings in that place whensoever he should be called to it by that house, where, as he took it, he was only to be questioned; and in the mean time, being but a private man, he would not trouble himself to

Crew's Debates.

+ Mr. Hollis and Mr. Valentine were the two members

who held the speaker in the chair.

↑ Lord Weston.

remember what he said or did in that place as a public one."

Those of the members who appeared were committed close prisoners to the Tower; and warrants were issued out for sealing up the studies of Mr. Hollis, Mr. Selden, and Sir John Elliot.

par

These members were committed whilst the liament yet was in being; the proclamation for dissolving it not being published till six days after and as if so notorious a violation of the privileges of parliament, and of the petition of rights, so recently and solemnly granted, was not sufficient to exasperate the minds of the people, the king, at the dissolution, contributed still farther towards it; for he directed his speech only to the lords, and made such a distinction between the conduct of the houses, and his regard for them, as could not but be ungrateful to the commons, and to the people whom they represented. He likewise told the lords, that the other house was governed by a few vipers among them; "and," he concluded, "as those vipers must look for their reward of punishment, so you, my lords, must justly expect from me that favour and protection that a good king oweth to his loving and faithful nobility."

VOL. I.

G

A. D.

1628-9.

A. D. 1628-9.

The king, not contented with committing the members, carried his severity to a greater length, by detaining them in prison, contrary to the laws of the land; for some of them being brought upon their habeas corpus to the King's Bench, applied by their counsel to be discharged upon bail. The judges, who trembled at the slightest whisper of royal displeasure, hesitated to grant what they knew they had no right to refuse. They remanded back the prisoners till the court were ready to give judgment. But on the appointed day the prisoners could not be produced, having been sent to other prisons, the evening before, by the king's particular warrant. The court were glad of the excuse, and refused to deliver their opinion in the absence of the prisoners. The king, the day before, had sent a letter to the judges of that bench, " that he had resolved none of the prisoners should be brought before them until they had given him cause to believe they would behave themselves better." What still more aggravated this conduct was, that he had three hours before sent a letter to the judges, wherein he consented " that Mr. Selden and Mr. Valentine should appear before them." By these means the members were still kept in confine

ment.

What security could the people depend

A. D. 1628-9.'

on for their liberties, when the king so openly overruled the proceedings of the judges, and the judges so servilely submitted to his orders! The attorney-general afterwards exhibited an information against them in the King's Bench, to which they put in a plea to the jurisdiction of the court: for their offences being supposed to be done in parliament, they ought not to be punished but in parliament; and, as they would not put in any other plea, the court gave judgment "for continuing them in prison during the king's pleasure," and for fining some of them, particularly Sir John Elliot, in the sum of two thousand pounds. They were kept in prison many years, some of them till the writs were issued for a new parliament in 1640; and Sir John Elliot, who had proved him- A.D. 1629. self an active, disinterested, and worthy member

of parliament, (and therefore an obnoxious one,) died in the Tower.*

* During his illness, he presented several petitions that the

severity of his imprisonment
might be relaxed; but though

21 "I was soundly chidden by his majesty for my former vote, and will not destroy myself for any man's sake," was the cool reply of Lord Finch upon the trial of Bishop Williams, when upbraided for his inconsistency and ingratitude.-Hacket's Life of Williams.-Finch only avowed a motive which, with a few noble exceptions, all the others acted upon.

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