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A89101 A speech made by Captaine Audley Mervin to the Vpper House of Parliament in Ireland, March 4. 1640. Together with certaine articles (of high treason) against Sir Richard Bolton Lord Chancellor, John Lord Bishop of Derrie, Sir Gerard Lowther, Lord chiefe Justice of the Common-Pleas, and Sir George Radcliffe Knight. Unto which is added an humble and just remonstrance of the Parliament. Mervyn, Audley, Sir, d. 1675.; Ireland. Parliament. 1641 (1641) Wing M1889; Thomason E196_37-38; ESTC R14843 7,405 17

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A SPEECH MADE BY CAPTAINE Audley Mervin to the Vpper House of Parliament in Ireland March 4. 1640. Together With certaine Articles of high Treason against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derrie Sir Gerard Lowther Lord chiefe Justice of the Common-Pleas and Sir George Radcliffe Knight Unto which is added an humble and just Remonstrance of the Parliament Printed for HVGH PERRY Anno Dom. 1641. CAPTAINE AVDLEY MERVIN his Speech to the Lords in the Vpper House of Parliament March 4. 1640. concerning the impeachment of the Right Honourable Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther L. chiefe Justice of the Common-pleas and Sir George Radcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Com-mons House My Lords I Am commanded by the Knights Citizens and Burgesses of the Commons house to present unto you Irelands tragedy the gray-headed common Lawes funerall and the active Statutes death and obsequies this dejected spectacle answers but the prefiguring type of Cesars murther wounded to death in the Senate and by Brutus his bosome friend our Cesars Image by reflexion even the fundamentall Lawes and Statutes of this Kingdom the sole meanes by which our estates are confirmed our Liberties preserved our lives secured are wounded to death in the Senate I meane in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters first those unseparable twins Treason and Ingratitude In a plaine phrase my Lords I tender unto you Treason high treason such a treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings Money it is treason but this dyes with the Individuall party To betray a Fort is treason but it dyes with a few men To betray an Army is treason but it dyes with a limited number which may bee reinforced againe by politique industry To blow Up both Houses of Parliament is treason but succeeding Ages may replant branches by a fruitfull posteritie But this high Treason which I doe now againe in the name of the house of Commons charge and impeach Sir Richard Bolton Knight Lord Chansellour of Ireland and Sir Gerard Lowther Knight Lord chiefe Justice of the Court of Common-Pleas John L. Bishop of Derry Sir George Ratcliffe Knight is in its nature so sarre transcending any of the former that the rest seeme to bee but pettie Larcines in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample vnder feet the rich Legacies of our fore-Fathers purchased with sweate and expence I meane the Statute Lawes what is it but high Treason What is it through an Innate antipathy to their publique good to incarcerate the liberties of the Subject vnder the Jron and weighty chaines of an arbitrary government High Treason What is it since his Majestie the most aimiable and delightfull portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures judgements but to possesse if possible the hearts of his loyall Subjects of this Kingdome that he is a bloody and devouring Tyrant to provoke their never dying alleageance into a fatall desperate Rebellio What is it to violate the sacred grants of many of his Majesties Progenitors Kings and Queens of England confirmed vnder the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insert a surreptitions clause forged by some servile braine in the preamble of our last Act of Subsidies by which the Kings most excellent Majestie and the Earle of Strafford are placed in one and the same Sphere allowing them but equall influences to nourish the alleageance of this Kingdome what is this but to extoll other then regall authority and to crucifie the Majestie of cur most gracious Soveraigne betwixt the two Theeves of government Tyrannie and Treason My Lords having such a full lasting gale to drive me into the depth of these accusations I can hardly steere confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certaine ruine of the Subject if prov'd a most favorable Prologue to usher in the Tragedy of the Actors Counsellours abetters herein What was then the first main question It was the subversion of the fundamentall Lawes of this Kingdome Letthen Magna Charta that lies prostrated besmeared and roaling in her owne gore discount her wounds as so many pregnant and vndeniable proofes marke the Epithite magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of 18. Kings the violation of which hath severall times engaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and wel be comming Oath upon all Soveraignty to vindicate preserve the immunitie there of before the Crown incircle their royall Temples in this Oath of so high consequence and generall Intrest his Majestie doth in a manner levy a fine to his Subjects vse for avoiding all fraudulent conveyances in the administratiō of Justice this oath is transplanted vnto the Judges as the Feoffees in trust appointed between his Majesty the Subject seal'd by his Majesties provident care with that emphaticall penalty that their estates and lives shall bee in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath been enacted as Fulgura ex vitro as Bugbeares to inforce the obedience of Children No my Lords the just executiō of it upon their predecessors though in breaches not so capitall might have warn'd them to have strangled their ill-borne resolutions in the cradle before they should now proclaime their infamy and petition for their punishment witnesse Sir Tho Wey land his banishment confiscation of his goods and lands only for his mercenary Justice contrary to his Oath who was chiefe Justice of the Common-Pleas in the time of Ed. 1. witnesse Sir Will Thorpe chiefe Justice of the Kings-Beach in the time of Edw. 3. who was adjudged to be hanged because he had broken the Kings oath made vnto the people where with he was intrusted for so was the interpretation of the reason entred in the Rolle Yet my Lords though Magna Charta be so sacred for antiquity though its confirmation be strengthened by Oath though it be the proper Dictionary that expounds meum and tuum and assignes every Subject his Birth-right it onely survives in the Rolles but is miserably rent and torne in the practise These words Salvo contenemento live in the Rols but these are dead in the Castle Chamber These words Nullus liber hujus ejiciatur e libero suo tenemento in praejudicium