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A42872 Master Glyn's reply to the Earle of Straffords defence of the severall articles objected against him by the House of Commons Published by speciall direction, out of an authentick copy. Glynne, John, Sir, 1603-1666.; England and Wales. Parliament. House of Commons. 1641 (1641) Wing G892; ESTC R213348 35,221 58

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gives them in give mee leave to mention and say we had a ground to put them into charge and could have proved them if there had been need punctually and expresly and I beleeve little to my Lords advantage But Your Lordships I think doe remember my Lady Hibbots case where the Lady Hibbots contracts with Thomas Hibbots for his inheritance for 2500. l. executes the contract by a Deed and Fine levied deposits part of the money and when a Petition was exhibited to the L. Deputy and Councell for the very estate your Lordships remember how this came in judgement before my Lord Deputy there was but a petition delivered there was an answer made and all the suggestions of the petition denied yet my Lord spake to Hibbots himselfe that was willing to accept the money not to decline the way that he was in by petition five hundred pound more will doe him no hurt to carry into England with him and yet without examination of a witnesse a Decree was made to deprive this Lady of her estate And the purchasing of this land by my Lord of Strafford was proved by two witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in trust for my Lord of Strafford and that it proved according to my Lord of Straffords prophecie for the man had five hundred pounds gaine above the Contract with my Lady Hibbots But after the lands were sold for seven thousand pound so that the Lady Hibbots offence was her making of a bargain whereby to gain five hundred pounds But there was no offence in my Lord to make a bargaine for three thousand pounds and to gain foure thousand pound presently this you see proved by Hibbots the party and by master Hoy the son of the Lady Hibbots So that here is a determination of a cause before the Councell Table touching land which was neither plantation nor Church-land without colour of the instructions contrary to law to statute to practice and if this be not an exercising of an unlawfull jurisdiction over the Land and Estates of the subject I know not what is In his answer to this case hee did open it yet whether he mistook or no I know not that hee had a letter from the King but he produces none in evidence and that is another mis-recitall I am sorry he should mis-recite and fix it upon the person of his Soveraigne in a case of this nature Now he falls more immediately upon the liberty of the subject and that is by the Warrant mentioned in the ninth Article to be issued to the Bishop of Downe and Conner whereby he gives power to him and his Officers to apprehend any of the Kings subjects that appeared not upon Proces out of his Ecclesiasticall Courts expresly contrary to law and your Lordships have heard how miserably the Kings subjects were used by this warrant as hath beene proved by a Gentleman of quality Sir James Mountgomery And howsoever hee pretends it was called in it was three whole yeers in execution before it was called in and though he pretends his Predecessours did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he sayes that Bishop Mountgomery did tell him there was such a Warrant and one witnesse more speakes of one Warrant and that is all the witnesses produced and that but to be a copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universall and spread over the face of that Kingdome that was under his jurisdiction and that is in the tenth Article which concernes the Customes where hee doth impose upon the Kings subjects a rate and taxe against law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himselfe of a jurisdiction above the law My Lords in his answer he pretends that this is rather a matter of fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to his Majestie so it is likewise an exercise of a tyrannicall jurisdiction over his subjects That it is a fraud to his Majestie it plainly appeares for the King lost exceedingly by it whereas before the rent affoorded the King was 11050. l. there was improved by the new lease that my Lord of Strafford took but 1350. l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new lease the impost of wine for which the King before that time received 1400. l. a yeere and likewise the Custome of London Durry Colerane and Knockfergus for which the King had reserved 1700. l. a yeere besides the moity of the seisures so here is 5000. l. that the King lost of the old rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one yeere he and his sharers received 39000. l. and in the last yeere 51000. l. and that expresly proved upon two accounts and if this be his dealing where is his service to the King in his pretence to advance the Customes It is true he sayes the King hath five eighth parts but it was but within these two yeeres the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000. l. if he had received it I beleeve wee should have heard of it My Lords there is something more here is a new imposition on the Kings people without law and yet I will doe my Lord of Strafford no injury but I tell you how the proofe stands It was a book of rates framed before he came to the forme for the booke of rates was in March and the date of his assignment is in April following and therefore my Lord saith it could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heeles of another and I beseech you observe cui bono the book of rates was procured within a moneth of the Patent but God knowes whether it were not within the compasse of his intentions to take the Patent and therefore whether he were not the Instrument of raising rates it rests in your Lordships judgement and all that heare me I am sure the benefit redounded to himselfe and so here is an arbitrary government in imposing and forcing to pay for that I desire your Lordships to take with you and hee might as well have raised nineteen shillings on a pound as nine pence or three pence by the same rule of Law The next Article in number was the eleventh and I would be glad my Lord had not mentioned it it concernes the Pipe-staves wherein he pretends he did