swer.

of the Judges; where, after long hearing, it was determined, that the Judges had done their duty, and that the commissioners ought to anToward the end of Trinity term the sickness encreasing in Southwark, Hobart, Stroud, and Valentine, three of the late members, imprisoned in the Marshalsea, sued to the Judges of the King's-bench to be removed to the Gate-house, and were by writ from the court so removed. But Mr. Selden, being at the same time in the Marshalsea, had forgot or omitted to make the like application to the King's-bench till the term was over, and the Judges in the circuit: After which he sued to the Lord-Treasurer for the like favour of removal, and by warrant from his lordship was accordingly so removed. But in Michaelmas term the Judges called on the marshal for his prisoner Selden; and he producing the treasurer's warrant by the king's direction, they declared such warrant to be illegal, and sent their writ to remand the prisoner back again to the Marshalsea. In the Hilary term following, the attorney-general exhibited two several informations against sir Miles Hobart, kt. and William

Stroud, esq.; (who by writ from the King'sbench had been removed from the Marshalsea to the Gate-house) for escapes out of prison, proving that Stroud had resided with a keeper in his own chambers at Gray's-Iun; and Hobart had continued with a keeper at his lodgings in Fleet-street. The jury returned their verdicts severally Not Guilty: And the Judges resolved, that the prison of the King's-bench is not any local prison confined to one place; but that every place where any person is by authority of that court restrained of his liberty, is a prison. These several cases, and the decision of them, do abundantly prove, that the present set of Judges were no servile creatures of the court; and that the king did not insist upon their obsequious compliance with him; but they gave their judgments with freedom and courage, and the king acquiesced in their opinion, though contrary to his own."

That the court of King's-bench can commit to any prison, see Rex v. Hart and White, in dom. proc. May 1809, and the cases and authorities cited in that case.

DR. Roger Manwaring promoted the same business (the Forced Loan) in two Sermons. In one of them he said: "That the king is not bound to observe the laws of the realm concerning the Subjects' Rights and Liberties, but that his royal will and command in imposing Loans and Taxes, without common consent in parliament, doth oblige the subjects conscience upon pain of eternal damnation. That those who refused to pay this Loan, offended against the law of God, and the king's supreme authority, and became guilty of impiety, disloyalty, and rebellion. And that the authority of parliament is not necessary for the raising of Aids and Subsidies; and that the 'slow proceedings of such great assemblies, were not fitted for the supply of the state's urgent necessities, but would rather produce sundry impediments to the just designs of "princes.'*

On the 23rd of June 1629, Mr. Rouse, a Member of the House of Commons, brought in a Charge against Dr. Roger Manwaring, which some days after was seconded with a Declaration: viz.

"Mr. Speaker; I am to deliver from the committee a Charge against Mr. Manwaring, a preacher in divinity; but a man so criminous, that he hath turned his titles into accusations; for the better they are, the worse is he that dishonours them. Here is a great Charge that lies upon him, it is great in itself, and great, because, it hath many great Charges in it; Serpens qui serpentem devorat fit draco,' his Charge having digested many Charges into it, becomes a Monster of Charges.

"The main and great one is this, a Plot and Practice to alter and subvert the frame and

'for the raising Aids and Subsidies.' This author adds, he well remembers what the king said when he was afterwards censured for it; 'He that will preach more than he can prove, let him suffer for it; I give him no thanks for giving me my due.' So that this being entirely the business of parliament, he was left, both by the king and church, to their Sentence."

Kennet says, both Sermons were first preached at Oatlands in July 1627. The preacher was made Dean of Worcester 1633; bishop of St. Davids 1635; and died at Carmarthen, in poverty, 1653.

fabric of this estate and commonwealth. This is the great one, and it hath others in it that gives it more light. To this end,

"1. He labours to infuse into the conscience of his majesty, the persuasion of a Power not bounding itself with laws, which king James of famous memory, calls, in his Speech to the parlament, Tyranny, yea tyranny accompanied with perjury.

"2. He endeavours to persuade the conscience of the Subjects, that they are bound to obey commands illegal; yea, he damns them for not obeying them.

"3. He robs the Subjects of the Propriety of their Goods.

"4. He brands them that will not lose this propriety with most scandalous speech, and odious titles, to make them both hateful to prince and people; so to set a division between the head and the members, and between the members themselves.

5. To the same end, not much unlike to Faux and his fellows, he seeks to blow up Parliaments, and Parliamentary powers.

"The fifth being duly viewed, will appear to be so many Charges, and they make up all the great and main Charge, a mischievous Plot to alter and subvert the frame and government of this state and commonwealth.

"And now, though you may be sure, that Mr. Manwaring leaves us no propriety in our goods, yet he hath an absolute propriety in this Charge; hear himself making up his Own Charge. [Here he read several passages out of his Book, and then proceeded and said ;] You have heard his Charge made up by his own words, and withal I doubt not but you seem to hear the voice of that wicked one, quid da'bitis? What will you give me, and I will betray this state. kingdom, and commonwealth? "But there are two observations (I might add a third, which is like unto a three-fold 'cord, which cannot easily be broken)' will draw theCharge more violently upon him.

:

"The first is of the time when this Doctrine of destruction was set forth; it was preached in the heart of the Loan, and it was printed in the beginning of that Term which ended in a Remittitur: so that you might guess there might be a double plot, by the law and conscience, to set on fire the frame and estate of this common-wealth and one of these entailed foxes was Mr. Manwaring.--Another note may be taken of the time, that is, the unseasonableness of it; for this Doctrine of the Loan (in case of necessity) was the year after an assent in parliament to four Subsidies and three Fifteens, which might serve for a sufficient stopple for the doctor's mouth, to keep in his doctrine of necessity.

deity into his ears; for if from his ears it should have passed to his heart, it had been mortal : you know how Herod perished. Now this man gives a participation of divine omnipotence to kings; and though a part may seem to qualify, yet all doth seem again to fill up that qualification, and very dangerously, if we remember that God saith of himself, I am a 'jealous God'

6

"He goes about to destroy the kingdom and commonwealth by his divinity; but do we find in Scripture such a destroying divinity? Surely I find there, that God is a God of order, and not of confusion: and that the Son of God came to save, and not to destroy.' By which it seems he hath not his divinity from God, nor from the Son of God; and that we may be sure he went to hell for divinity, he names sundry Jesuits and friers, with whom he consulted and traded for his divinity. But not to bely hell itself, the Jesuits are honester than he: for if he had not brought more hell unto them than he found with them, he had not found this divinity in them which he hath brought forth; yea, in his quotations he hath used those shifts and falshoods, for which boys are to be whipt in schools, and yet by them he thinks to carry the cause of a kingdom.

"Bet, for a conclusion, to give the true character of this man, whom I never saw, I will shew it you by one whom I know to be contrary to him: Samuel we know all to be a true prophet; now we read of Samuel, that he writ the law of the kingdom in a Book, and laid it up before the Lord.' And this he did, as one of Mr. Manwaring's own authors affirms, that the king may know what to command, and the people what to obey; but Mr. Manwaring finding the law of this kingdom written in Books, tears it in pieces, and that in the presence of the Lord, in a pulpit, that the king may not know what to command, nor the people what to obey.

"Thus Mr. Manwaring being contrary to a true prophet, must needs be a false one, and the judgment of a false prophet belongs to him. I have shewed you an evil tree, that bringeth forth evil fruit; and now it rests with you to determine, whether the following Sentence shall follow, Cut it down, and cast it into. the fire.'”

June 4. The commons proceeded with a Declaration against Dr. Manwaring; which was the same day presented to the lords at a Conference between the committees of both houses and Mr. Pym was appointed by the Commons to manage that Conference.-The Declaration was as follows:

:

"The king for there can be no greater mischief to a prince, than to put the opinion of

VOL. III.

fundamental laws and customs, therein established, should be brought into contempt and violated; and that form of government thereby

them:

"Nevertheless he the said Roger Manwaring, in contempt, and contrary to the laws of this realin, hath lately preached in his majesty's presence, two several Sermons, that is to say, the 4th day of July last one of the said Sermons, and upon the 29 h day of the same month the other of the said Serpions; both which Sermons he hath since published in print in a Book intituled, Religion and Allegiance; and with a wicked and malicious intention, to seduce and misguide the conscience of the king's most excellent majesty, touching the observation of the laws and customs of this kingdom, and of the rights and liberties of the subjects, to incense his royal displeasure against the good subjects so refusing, to scandalize, subvert, and im peach the good laws and government of this realm, and the authority of the high court of parliament, to alienate his royal heart from his people, and to cause jealousy, sedition, and division in the kingdom. He the said Roger Manwaring doth in the said Sermons and Book persuade the king's most excellent majesty,

1. "That his majesty is not bound to keep and observe the good laws and customs of this realm, concerning the rights and liberties of the subjects aforementioned: And that his royal will and command in imposing loans, taxes, and other aids upon his people, without common consent in parliament, doth so far bind the consciences of the subjects of this kingdom, that they cannot refuse the same without peril of eternal damnation.

2. "That those of his majesty's loving subjects which refuse the loan aforementioned, in such manner as is before cited, did therein offend against the law of God, against his majesty's supreme authority, and by so doing became guilty of impiety, disloyalty, rebellion, and disobedience, and liable to many other taxes and censures, which he in the several parts of his book doth most falsely and maliciously lay upon them.

3. "That authority of parliament is not necessary for the raising of aids and subsidies; that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the state, but rather apt to produce sundry impediments, to the just designs of

"All which the commons are ready to prove, not only by the general scope of the same Sermous and Book, but likewise by several clauses, assertions, and sentences therein contained; and that he the said Roger Manwaring, by preaching and publishing the Sermons and Book aforementioned, did most unlawfully abuse his holy function, instituted by God in his church for the guiding of the consciences of all his servants, and chiefly of sovereign princes and magistrates, and for the maintenance of the peace and concord, betwist all men, especially betwixt the king and bis people, and hath thereby most grievously offended against the crown and dignity of his majesty, and against the prosperity and good government of this state and commonwealth. And the said commous, by protestation saving to themselves the liberty of exhibiting at any time hereafter, on any other occasion of impeachment against the said Roger Manwaring, and also of replying to the Answers which he the said Roger shall make noto any of the matters contained in this present Bill of Complaint, and of offering further proof of the premises, or any of them, as the cause, according to the course of parliament, shall requie, do pray, that the said Roger Manwaring may be put to answer to all and every the premises; and that such proceeding, examination, trial, judgment, and exemplary punishment, may be thereupon had and executed, as is agreeable to law and justice.

Mr. Pym's Speech at the delivery of the Charge against Dr. Manwaring.

This Declaration, ingrossed in parchment, being read, Mr. Pym addressed himself to the lords in this manner:

"That he should speak to this. cause with more confidence, because he saw nothing out of himself that might discourage him: If he considered the matter, the offences were of an high nature, of easy proof; if he considered their lordships, who were the judges of their own interest, their own honour, the example of their ancestors, the care of their posterity, would all be advocates with him in this cause on the behalf of the common-wealth; if he considered the king our sovereign (the pretence of whose service and prerogative might perchance be sought unto as a defence and shelter for this delinquent) he could not but remember that part of his majesty's Answer to the Petition of Right of both houses, that he held himself bound in conscience to preserve those liberties, which this man wou'd persuade him to impeach: he said further, That he could not but remember bis majesty's love to piety and justice, manifested upon all occasions; and he knew love to be the root and spring of all other passions and affections. A man therefore hates, because he sees somewhat in that which he hates contrary to that which he loves; a man therefore is angry because he sees somewhat in that wherewith he is angry, that gives impedi