134. Proceedings against Mr. RICHARD CHAMBERS, in the Star-Chamber, for seditious Speeches before the Privy-Council, 1629 - 135. Proceedings in the Star-Chamber against Dr. ALEXANDER LEIGHTON, for 136. Proceedings in the Star-Chamber against the Earl of BEDFORD, the Earl of CLARE, the Earl of SOMERSET, Sir ROBERT COTTON, JOHN Selden, esq. OLIVER ST. JOHN, esq. and Others, for publishing a seditious and 137. The Trial of MERVIN Lord AUDLEY, Earl of CASTLEHAVEN, for a Rape and 138. The Trial of LAWRENCE FITZ-PATRICK and GILES BROADWAY, two Servants of the before-mentioned Lord AUDLEY, Earl of Castlehaven, at the King's-Bench, for a Rape and Sodomy, 1631 - 139. The Trial of JAMES Lord UCHILTRIE, for Calumnies and slanderous Speeches against James Marquis of Hamilton, and the Earls of Had- dington, Roxburgh, and Buccleugh; tending to the sowing of Sedition betwixt his Majesty and the said Noblemen; at Edinburgh, 1631 141. Proceedings in the Star-Chamber against HENRY SHERFIELD, esq. Re- corder of Salisbury, for breaking a painted Glass-Window in the 142. Proceedings against WM. PRYNN, esq. in the Star-Chamber, for writing and publishing a Book intitled, "Histrio-mastix, or a Scourge for Stage-Players," &c, and also against MICHAEL SPARKES, for print- ing, and against WILLIAM BUCKNER, for licensing the said Book, 1632-3 143. Proceedings in the Star-Chamber against Sir DAVID FOWLIS, Sir THOMAS LAYTON, and HENRY FOWLIS, esq. on a Charge of opposing the King's 144. The Trial of JOHN Lord BALMERINO, in Scotland, for a Libel, 1634 145. Proceedings in the Star-Chamber against Dr. JOHN BASTWICK, Mr. HENRY BURTON, and WILLIAM PRYNN, esq. for several Libels, 1637 711 146. Proceedings in the Star-Chamber against Dr. JOHN WILLIAMS, Bishop of Lincoln, for publishing false News and Tales to the Scandal of his Majesty's Government; for revealing Counsels of State contrary to his Oath of a Privy Counsellor; and for tampering with the King's The King, versus John Hampden, in the Case of Ship Money The First Day's Argument of Mr. St. John, on behalf of Mr. Hampden, before all the Judges in the Exchequer Chamber The Second Day's Argument of Mr. St. John The Second Day's Argument of Sir Edward Littleton The Third Day's Argument of Sir Edward Littleton The First Day's Argument of Mr. Holborne on behalf Mr. Hampden 963 The First Day's Argument of Sir John Banks, knt. his Majesty's The Third Day's Argument of Sir John Banks The Argument of Sir Francis Weston, one of the Barons of the The Argument of Sir Edward Crawley, knt. one of the Justices of The Argument of Sir Robert Berkley, one of the Justices of the A few Notes of the Argument of Sir Thomas Trevor, one of the The Argument of Sir George Crooke, one of the Justices of the The Argument of Sir William Jones, one of the Justices of the The Argument of Sir Richard Hutton, one of the Justices of the The Argument of Sir Humphry Davenport, Lord Chief Baron The Argument of Sir John Finch, Lord Chief Justice of the Court The Argument of Sir John Brampston, Lord Chief Justice of the 1202 Copy of the Order as it was drawn upon the Motion of Mr. Attor- - COBBETT'S 127. Proceedings on the HABEAS CORPUS, brought by Sir Thomas Darnel, Sir John Corbet, Sir Walter Earl, Sir John Heveningham, and Sir Edmund Hampden, at the King's-bench, in Westminster-hall: 3 CHARLES I. A. D. 1627: Together with the Proceedings in Parliament, relating to the LIBERTY OF THE SUBJECT: A. D. 1628 and 1629. return the names of such as refused, or discovered a disposition to delay the payment of the sums imposed. This assessment of the general-Loan did not pass currently with the people, for divers persons refused to subscribe or leud at the rate proposed; the non-subscribers of high rank in all counties were bound over by recognizances to tender their appearance at the Council-board, and performed the same accordingly, and divers of them committed to prison: which caused great murmuring. But amongst those many gentlemen who were THE king having deprived himself of the prospect of all parliamentary Aids, by dissolving the parliament, and yet resolving to prosecute the war; it was necessary to project all possible ways and means of raising money; to which end letters were sent to the Lords Lieutenants of the counties, to return the names of the persons of ability, and what suins they could spare; and the Comptroller of the king's Household issued forth letters in the king's name, under the privy seal, to several persons returned for the Loan-money; some were assessed 207. some 15, and others 10/. and Com-imprisoned throughout England, for refusing missioners were appointed with private instructions how to behave themselves in this affair, and divers lords of the council were appointed to repair into their counties to advance the Loan. Collectors were also appointed to pay into the exchequer the sums received, and to "Sir Randolf Crew shewing no zeal for the advancement of the Loan was then removed from his place of Lord Chief-Justice, and sir Nicholas Hyde succeeded in his room: a per son who, for his parts and abilities, was thought worthy of that preferment; yet nevertheless came to the same with a prejudice, coming in the place of one so well-beloved and so suddenly removed." 1 Rushworth, 420.-Croke (Charles) p. 52. Mem. upon Friday the 10th of Nov. sir Randolf Crew, Chief Justice of the King's Bench, was discharged of that place, by writ under the great seal, for some cause of dis, pleasure conceived against him; but for what, was not generally known." VOL. III, to lend upon the Commission of Loans, only five of them brought their Habeas Corpus, viz. sir Thomas Darnel, sir John Corbet, sir Walter Earl, sir John Heveningham, and sir Edmund Hampden. ARGUMENTS UPON THE HABEAS CORPUS. Sir Thomas Darnel, baronet, being imprisoned in the Fleet, by virtue of a warrant signed by the king's Attorney General, upon the 3rd of November, by serjeant Bramston, his assigned council, moved the justices of the King's Bench to grant him a Writ of Habeas Corpus cum causa; directed to the Warden of the Fleet, to shew that court the cause of his imprison ment, that thereupon they might determine whether his restraint were legal or illegal; and it was granted by the court returnable Thursday following the 8th of November. B STATE TRIALS, 3 CHARLES I. 1627.-Proceedings on the Habeas Corpres, On Thursday, sir Thomas Darnel expected that his Writ should be returned, but it was delayed; and it was moved that the return should be on Saturday, the 10th of November, which made sir Thomas the more remiss in suing out an Alias upon his Habeas Corpus. On Saturday the Writ was not returned, and thereupon the king's Attorney General gave order for an alias upon the Habeas Corpus for sir Thomas Darnél, returnable upon Thursday morning the 15th of Nov.; by virtue of which Writ, the warden of the Fleet brings sir Thomas Daruel to the King's Bench, and returneth as followeth : Executio istius Brevis pacet in quadam schedula annexat' huic brevi. The return was this: Ego Henricos Liloe miles guardianus prison domini regis de le Fleet serenissimo domino regi certifico quod dic'. Thomæ Darnel baronet' detentus est in prisona prædict sub 'custodia mea virtute cujusdain warranti duorum de privato consilio mihi directi, cujus tenor sequitur in his verbis, viz. Whereas heretofore the body of sir Thomas Darnel hath been committed to your custody, these are to require you still to continue him; and to let you know that he was and is committed by the special command of his ma'jesty, &c. Et hæc est causa detentionis prædict' Thome Ser. Bramston. May it please your lord- Attorney General Heath. My lords, it is [4 gentlemen who did desire the Writ before, should have again been earnest to renew thein, which it seems they did not. This Habeas Corpus was sent out by special command, because these gentlemen gave out in speeches, and in particular this gentleman, That they did wonder why they should be hindered from Trial, and what should be the reason their Writs were not returned: nay, his majesty did tell me, that they reported that the king did deny them the course of justice, and therefore he commanded me to renew the Writ, which I did, and think I may do it ex officio. Sir Tho. Darnel. My lords, I knew not until now, but that I was committed by Mr. Attorney's Warrant only, and thereupon I did desire a Habeas Corpus at the bar, which you were pleased to grant me; but now I understand that my restraint is by another means, and therefore I shall crave leave to have some time to speak to it. And as for the words alledged against me, as if I had spoken them, I humbly pray they may be no disparagement to my cause, for I do patiently refer myself to whereof I am no ways guilty. your grave censures, as being accused of a fact Imade a motion Hyde (L. C. Justice.) You give a temperate and fair answer; and now you may perceive the upright and sincere proceedings that have been in this business. You did no sooner petition to have counsel assigned you, but you had it granted to you, for indeed we cannot deny it; and I know not but that any counsel might have moved for you, without having been assigned for you, and yet have had no blame; for it is the king's pleasure his laws should take place and be executed, and therefore do we sit here. When for a Habeas Corpus, that was likewise granted; whether the commitment be by the king or others, this Court is a place where the king doth sit in person, and we have power to examine it; and if it appears that any man hath injury or wrong by his imprisonment, we have power to deliver and discharge him; if otherwise, he is to be remanded by us to prison again. Now it seems you are not ready to speak to this return; if you desire a further day, we ought to grant it. you Sir T. Darnel. My lords, I humbly desire it. L. C. J. I know no cause why it should be denied. Serj. Bramston. My lords, we shall desire the Writ may not be filed, and that we may have a copy of the return. Att. Gen. You cannot deny the filing of the Writ, if you desire to have a copy of the return. L. C. J. Although you be remanded at this time to prison, because you are not ready to speak to the return, we can adjourn you to a new day upon the Writ, and so you may prepare yourself; but if you will not have this filed, there must go out a new Habeas Corpus, and thereupon must be another return, Serj. Bramston. My lord, we desire 'some time, that we may be advised whether we may proceed or not. |