2.

Parliamentary Debates in 1610.

Pages 37–39.

Mr. Fuller repeated part of a speech that was formerly spoken by Mr. Whitelocke.¹ . . . That the special privilege of Parliament is to debate freely of all things that shall concern any of the subjects in particular, or the commonwealth in general without any restraint or inhibition. Secondly it was said [by Sir Thomas Wentworth] that in all ages the King’s prerogative (which was the matter then in question) hath been examined and debated in Parliament. . . . Also it was said that in all courts of justice at Westminster the King’s prerogative is there ordinarily disputed, and therefore may much more be debated in Parliament, being the highest court of justice in the realm. . . .

But Sir Francis Bacon took upon him to answer these reasons. . . . He said that he had been a Parliament man ever since he was 17 years old, within which time he did observe that the Parliament had received divers inhibitions from the Queen to restrain them from debating the matter then in question; wherein he took this difference, that if the matter debated concerned the right or interest of any subject or the commonwealth, if in that case an inhibition came, he, for his part, would not advise the House to desist, but to inform the King of the liberty of the House, and so to proceed. But if the matter in question were an essential thing which concerned the prerogative and the power of the crown, then the House did always desist from proceeding any further upon such inhibitions received. He gave instances of divers in his time. . . . In answer to this speech divers stood up. . . . But if it be true, as Mr. Solicitor confessed, that the

Parliament may not be inhibited to debate of anything that concerns the fight of particular subjects, much less can they be inhibited in this matter of impositions, which concerns the rights and interests of all the subjects in general . . . .

It was moved therefore that, as the King had granted us freedom of speech at the beginning of the Parliament concerning all matters of the commonwealth. . . so we should by a Petition of Right make known our liberties to his Majesty. and desire him to remove the impediment.

¹Sir James Whitelocke (father of the more famous Bulstrode), who was one of the most vigorous opponents of the King in this and the next Parliament (see his Liber Famelicus, Camden Soc., 1858, P. 24), was later as one of the judges of the King’s Bench to concur in the decision against freedom of speech.