Councillor, Heath withdrew to the continent, and died soon afterwards, at Caen in Normandy, in August 1649. The Commons sequestered his estates, but at the restoration, Charles the Second restored them to his son, Edward Heath.*

* Wood's Athenæ, vol. 1, p. 26.

CHAPTER V.

1627-1628.

The King urges the parliament by a message to be expeditious with the public business-Coke's speech on the occasionCoke's speech in the conference between the deputies of the two Houses on the subject of the imprisoned members-His speech on the King's message-Proposes a petition of right -His speech on the Lord's amendment of the petitionSent with a message from the Commons to the LordsThe petition delivered to the King—The King addresses the parliament from the throne-Coke's last reported speech in parliament-Charles prorogued the parliament-the last parliamentary notice of Coke-Cromwell's first speechNotice of Cromwell-The King dissolves the parliamentPublishes a long address to the nation-Notice of Coke's parliamentary associates-Hampden, Elliott, Holles, Strode -Character of Charles I.-The progress of the law during Coke's parliamentary career.

WHEN, on the 10th of April, 1627, the King's message was delivered to the House of Commons, desiring the members, by way of expediting the public business, not to make any recess

as usual during the Easter holidays, the House was evidently dissatisfied; the Commons were as fond of holyday making, in those days, as modern senators are now. Coke spoke of the King's message with dissatisfaction: "I am as tender," he remarked, "of the privileges of this House as of my life, for they are the heartstrings of the commonwealth. The King makes a prorogation, but this House adjourns itself; the commission of adjournment we 'this House adjourns

never read, but say, itself.'"*

On the 19th of April, the Lord Keeper Coventry made his report to the House of Lords of the result of the first conference, which took place two days before, between the deputies of the two Houses, concerning the liberty of the subject, in which a very learned speech by Sir Edward Coke is briefly reported. The fifth and last part of this important conference was reported to the House of Lords by Dr. Williams, Bishop of Lincoln. At this part of the conference Coke spoke twice.

These committees and conferences arose from the imprisonment of the five gentlemen, Sir

* Parl. Hist. vol 7, p. 436.

Thomas Darrel, and four others, by order of the King in council, for refusing to contribute to a forced loan.

The judges of the Court of King's Bench, before whom the prisoners were brought by a writ of habeas corpus, refused to bail them, and the chief justice, Sir Nicholas Hide, with judges Whitelocke, Doddridge, and Jones, now gave their reasons for refusing the bail, which were learnedly answered by the great Selden, one of Coke's coadjutors. Coke also observed "as the centre of the greatest circle is but a little point, so the matter ever lies in a little room; but weighty businesses are spun out to a great length. For a freeman to be tenant at will for his liberty, he could never agree to; it was a tenure that could not be found in all Littleton."

Having "put their Lordships in mind that they had the greatest cause in hand which ever came into the hall at Westminster, or indeed into any parliament," he thus eloquently concluded his address :

66

'My Lords, your noble ancestors, whose places you hold, were parties to Magna Charta, so called from its weight and substance, (for otherwise many other statutes are greater in bulk) and all the worthy judges that deserved

their places, have ever had Magna Charta in great estimation.

"Now as justice hath a sword, so it hath a balance,

"Ponderat hæc causas, percutit ille Reos,

"Put together, my noble Lords, in one balance seven acts of parliament, records, precedents, reasons, all that we have spoken. And in God's name, put into the other balance, what Mr. Attorney (Sir Robert Heath) hath said, his wit, learning, and great natural endowments, and if he be weightier, let him have it, if not, then conclude with us. You are enrolled in the same danger with us, and therefore we desire you, in the name of the commons of England, represented in us, that we might have cause to give God and the King thanks for your justice in complying with

us.

On the 2nd of May, the King having sent the House of Commons a message, desiring the members to rely upon his royal promise to observe the laws, Coke again addressed a committee of the whole house; he was for agreeing to the King's propositions.

Parl. Hist. vol. viii, p. 67.