Inhabitants are reduced to great poverty and many of them forced to forsake the Countrey the same beeing the first and most usefull Plantation in the large Province of that Ulster to the great weakning of the Kingdome in in this time of danger the said plantation being the principall strength of those parts 9. The late erection of the Court of high Commission for causes Ecclesiasticall in those necessitous times the proceedings of the said Court in many causes without legal warrant and yet so supported as prohibitions have not been obtained though legally sought for And the excessive fees exacted by the Ministers thereof and the encroaching of the same upon the jurisdiction of other Ecclesiasticall Courts of this Kingdome 10. The exorbitant fees and pretended Customes exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners doe most heartily bemone that his Majesties service and profit are much more impaired then advanced by the grievances aforesaid the Subsidies graunted in the last Parliament having much increased his Majesties revenue by the buying of graunts and otherwise and that all his Majesties debts then due in this Kingdome were satisfied out of the said Subsidies and yet his Majesty is of late as the petitioners have been informed in the house of Commons become indepted in this Kingdome in great somes And they doe therefore humbly beseech that an exact accompt may bee sent to his Majesty how and in what manner his treasure issued 12. The Petitioners doe humbly conceive just and great feares at a Proclamation published in this Kingdome in Anno Domini 1635. Prohibiting men of quality or estates to depart this Kingdome into England without the Lord Deputies Licence wherein the Subjects of this Kingdome are hindered and interrupted from free accesse to addres to his sacred Majesty and privie Counsell of England to declare their just grievances or to obtaine remedies for them in such fort as their Ancestors have done in all ages since the Reigne of King Henry the second and great fees exacted for every of the said Licenses 13. That of late his Majesties late Atourney generall hath exhibited Informations against many Boroughs of this Kingdome into his Majesties Court of Exchequer to shew cause by what warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an answere the said priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Iudice and contrary to the lawes and priviledges of the house of Parliament and if way should be given thereunto would tend to the subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the house of Commons hath hitherto in this present Parliament been deprived of the advice and Counsell of many profitable and good members by means thereof 14. By the powerfulnesse of some Ministers of state in this Kingdome the Parliament in its members and actions hath not his naturall freedome 15. And lastly that the Gentry and Merchants and other his Majesties Subjects of this Kingdome are of late by the grievances and pressures before said other the like brought very neere to ruine and destruction And Farmers of Customes Customers Waiters Searchers Clarkes of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow redress of the petitioners his Majesties most faithfull and dutifull people of this Kingdome doe conceive great feares that their readinesse approved upon all occasions hath not beene of latere presented to his sacred Majesty For remedy whereof the said Petitioners doe humbly and of right beseech your Lordship that the said grievances and pressures may bee speedily redressed and if your Lordship shall not thinke fit to afford present reliefe that your Lordship might admit a select Committee of this house of Persons uninteressed in the benefit a rising of the aforesaid grievances to be licensed by your Lordship to repaire to his sacred Majesty in England for to pursue the same and to obtaine fitting remedy for their aforesaid and other just grievances and expressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve his Majesty and comply with his royall and princely occasions And shal pray c. Mr. Secretarie Windebancks Charge in Parliament 7. December 1640. 1 SEventie fower Letters of grace to Recusants within this fowr yeares signed with his owne hands 2. Sixtie foure Priests discharged from the Gatehouse at Westminster within these 4. years and for the most part by him 3. Twenty nine discharged by a verball warrent from him 4. Awarrant to protect one Musket a condemned Priest and alâ— the houses he frequented 5. One committed by the Kings own hand and discharged by him without signifying the Kings pleasure 6. The Retition of the parish of St. Gyles in the fields to the King of the increase of Poperie and that 21. were turned by two Priests Mosse and Souther which being committed were suddenly discharged by Secretary Windebanck A message from the House of Commons to his Majesty 15. December 1640 Mr. Treasurer IS intreated from this house to acquaint his Majesty with the great care and affection of the house to advance and settle his Majesties Revenue and for that purpose we humbly desire his Majesty will give us leave to enter into debate of his revenue and his expence His Majesties answere thereto by Mr. Treasurer HIs Majesty being by me acquainted with the great care and affection of the house of Commons to advance and settle his Maiesties Revenew doth very graciously interpret the same and hath commanded me to give the House thankes for it in his name and his Majesty doth give the House free leave to enter into debate of his Revenews and Expences as is desired and hath given order that all his Officers and Ministers from time to time shall assist the House therein as there shall be occasion Vote concerning the Cannons in the House of Commons 15. Decem. 1640. THat the Clergy of England Convented in any Convocation or Synod or otherwise have no power to make any Constitutions Cannons or Acts whatsoever in matter of Doctrine or otherwise to bind the Clergy or Laity of this Land without the Commons consent of Parliament That the severall Constitutions and Cannons Ecclesiasticall Treated upon by the Arch-bishop of Canterbury and Yorke Presidents of the Convocation for the respective Provinces of Canterbury and Yorke and the rest of the Bishops and Clergy of these Provinces and agreed upon by the Kings Maiestics lycence in their several Synods began at London and York 1640. do not bind the Clergy or Laity of this Land or either of them An Order concerning Monopolers 19. November 1640. JT is ordered that upon
whole matter of my Lord of Stafford Mr. St. Johns Argvment The KINGS Majesties First Speech in Parliament the third of November 1640. My Lords THe knowledge I had of the desires of my Scottish Subjects was the cause of my calling the last Assembly of Parliament wherein had I beene beleeved I sincerely thinke that things had not fallen out as now we see But it is no wonder that men are so slow to beleeve that so great a sedition should be raised on so little ground But now my Lords and Gentlemen the honour and safety of this Kingdome lying so neerely at the stake I am resolved to put my self freely and cleerly on the love and affections of my English Subjects as these of my Lords that did wait on me at York very well remember I there declared Therefore my Lords I shall not mention mine own interest or that support I might justly expect from you till the common safety be secured though I must tell you I am not ashamed to say those charges I have been at have been meerly for the securing and good of this Kingdome though the successe hath not been answerable to my desires Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdome wherein their are two parts chiefly considerable First the chastifing out of the Rebells And secondly that other in satisfying your just grievances wherein I shall promise you to concurre so heartily and cleerely with you that all the World may see my intâ—ntions have ever beene and shall be to make this a glorious and flourishing Kingdome There are only two things that I shall mention to you First the one is to tell you that the Loane of money which I lately had from the City of London wherein the Lords that waited on me at Yorke assisted me will only maintain my Armie for two moneâ—hs from the beginning of that time it was granted Now my Lords and Gentlemen I leave it to your considerations what dishonour and mischiefe it might be in case for want of money my Armie be disbanded before the Rebells be put out of this Kingdome Secondly the securing the calamities the Northern people endure at this time and so long as the treaty is on foot And in this I may say not only they but all this Kingdome will suffer the harme therefore I leave this also to your consideration for the ordering of these great affairs whereof you are to treat at this time I am so confident of your love to me and that your care is for the honour and safety of the Kingdome that I shâ—ll freely and willingly leave to you where to begin only this that you may the better know the state of all the Affairs I have commanded my Lord Keeper to give you a short and free accompt of these things that have happened in this interim wiâ—h this Protestation thaâ— if this accompt be not satisfactory as it ought to be I shall whensoever you desire give you a full and perfect accompt of every particular One thing more I desire of you as one of the greatest means to make this a happy Parliament That you on your parts as I on Mine lay aside all suspition one of another as I promised my Lords at Yorke It shall not be my fault if this be not a happie and good Parliament The Kings speech in Parliament the fift of November 1640. My Lords I do expect that you will hastily make relation to the House of Commons of those great affairs for which I have called you hither at this time and for the trust I have reposed in them and how freely I put my selfe on their love and affections at that time and that you may know the better how to do so I shall explaine my selfe concerning one thing I spake the last day I told you the Rebells must be put out of this Kingdome it 's true I must needs call them so so long as they have an Armie that do invade us and although I am under treaty with them and I under my great Seale do call them Subjects and so they are too but the state of my Affairs in short is this It 's true I did expect when I did will my Lords and great ones at Yorke to have given a gracious answer to all your grievances for I was in good hope by their wisedomes and assistances to have made an end of that businesse but I must tell you that my Subjects of Scotland did so delay them that it was not possible to end there Therefore I can no wayes blame my Lords that were at Rippon that the treaty was not ended but must thanke them for their pains and industry and certainly had they as much power as affections I should by that time have brought these distempers to a happy period so that now the treaty is transported from Rippon to London where I shall conclude nothing without your knowledge and I doubt not but by your approbation for I do not desire to have this great work done in a corner for I shall lay open all the steps of this mis-understanding and causes of the great differences between Me and my Subjects of Scotland And I doubt not but by your assistance to make them know their duty and also by your assistance to make them return whether they will or no. The Kings Speech to both the Houses Ianuary 25. 1640. My Lords THe Knights Citizens Burgesses The principall cause of my comming here at this time is by reason of the slow proceedings in Parliament touching which is a great deale of inconvenience Therefore I think it very necessary to lay before you the state of my affairs as now they stand therby to hasten not interrupt your proceedings First I must remember you that there are two Armies in the Kingdome in a manner maintained by you the very naming of which doth more cleerly shew the inconvenience thereof then a better tongue then mine can expresse Therfore in the first place I shall recommend unto you the quick dispatch of that businesse assuring you that it cannot rest upon me In the next place I must recommend unto you the State of my Navie and Forts the condition of both which is so well known unto you that I need not tell you the particulars only thus much they are the Walls and defence of this Kingdome which if out of order all men may easily judge what incouragement it will be to Our enemies and what disheartning to our friends Last of all and not of the least to be considered I must lay before you the distractions that are at this present occasioned through the cause of Parliament for there are some men that more maliciously than ignorantly will put no difference betweene Reformation and alteration of government Hence it commech that divine Service is irreverently interrupted and Petitions in an ill way given in neither disputed nor denied But I will enter into no more particulars
observe that our Saviour Christ as hee alwayes rejected all Civill judicature so on the other side he went up and downe healing mens bodies and otherwise doing good to their outward estate that his Doctrine might have a freer and fairer passage into their Soules For the corruption that I spoke of in the exercise of Ecclesiasticall jurisdiction I doe not meane any personall corruption but a deviation or aberration from the prescript of the Divine Rule And though it bee not easie to finde what that is in all particulars yet it is not hard to say what it is not and that I doubt may prove our case indivors things Ecclesiastical Jurisdiction we know extendes either to the Clergy onely and consisteth in the Ordination Admission Suspension and deprivation of them or else it extendeth to the whole Church and consisteth in Excommunication and Absolution As to the Ordination Admission Suspension and Deprivation of Ministers we see how it is wholy at the pleasure of one man and that of one man proceeding in a manner Arbitrarily and that of one man whose interest is concerned in it that the doore shall be shut against able and painful preaching Ministers and a wide doore set open to such as are unable and unfit for that function many and great and dangerous evills arise from hence As first that there is a constant bate and fewd between the Ecclesiasticall State and the Civill betweene Prelates and Parliaments betweene the Canon Law and the Common Law betweene the Clergy and the Common-wealth arising from the Disproportion and Dissimilitude which is betweene the Civill and Ecclesiasticall Government however it may seeme to some to agree well enough but the truth is if we consider his Majesty as the Common-head over the Ecclesiasticall State as well as the Civill wee shall finde that in the exercise of all Civill jurisdiction in all Courts under his Majesty the power is not in any one or his Deputies and Commissaries as it is in the Ecclesiasticall Government in the severall Diocesses throughout this Kingdome If wee looke first upon the Highest and greatest Court the High Court of Parliament wee know that is a Councell and a great Councell too In like manner in the inferiour Courts of Westminster-Hal there are many Judges in the point of Law and more in matter of Fact wherein every man is judged by twelve of equall condition unto him I meane the Juries which are Iudges of the Fact both in causes Civill and Criminall And if we look into the Country we shall find the Sessions and Assizes and other Courts held not by any one but by divers Commissioners And in short in the Civill Government every man from the greatest to the least hath some share in the Government according to the Proportion of his Interest in the Common-wealth But in the Government of the Church all is in the hands of one Man in the severall Diocesses or of his Chancellors or Commissaries and he exacts Canonicall Obedience to his Pontificall Commands with a totall Exclusion of those that notwithstanding have as much share in the Church and consequently as much Interest in the Government of it as they have in that of the Common-wealth Sir untill the Ecclesiasticall government be framed something of another twist and be more assimilated unto that of the Common-wealth I feare the Ecclesiasticall government will bee no good neighbour unto the Civill but will be still a casting in of its leaven into it to reduce that also to a sole absolute and arbitrary way of proceeding And herein Sir I doe not beleeve that I utter Prophesies but what wee have already found and felt A second and that a great evill and of dangerous consequence in this sole and arbitrary power of Bishops over their Clergy is this that they have by that meanes a power to place and displace the whole Clergy of their Diocesse at their pleasure and this is such a power as for my part I had rather they had the like power over the Estate and persons of all within their Diocesse for if I hold the one but at the will and pleasure of one man I meane the Ministery under which I must live I can have but little or at least no certain joy nor comfort in the other But this is not all for if they have such a power to mould the Clergy of their Diocesses according to their pleasure wee know what an Influence they may have by them upon the people that in a short time they may bring them to such blindnesse and so mould them also to their owne wills as that they may bring in what Religion they please nay having put out our eyes as the Philistins did Sampsons they may afterwards make us grinde and reduce us unto what slavery they please either unto themselves as formerly they have done or unto others as some of them lately have beene forward enough to doe Now whether it be safe to walke upon Stilts on the top of the pinacles of the Temple upon so high precipices as are the matters of Religion and Conscience which may have also a dangerous Influence upon our civill liberties I leave it to your consideration for my part I should not thinke it safe that such a power should bee in any one man though you suppose him to be a very good man A third evill and that of dangerous consequence is that the doore is shut against able and painfull Preaching Ministers and a wide doore set open to those that are unable and unfit for that function and the Bishops interest is concerned in it that it should bee so Interest of honour Interest of profit and Interest of power Interest of credit for they see that those painfull Preachers carry away all the credit from them and they neither can nor will doe the like themselves they cannot by reason they are so intangled with the affaires of this world and civill jurisdiction they will not their great Dignities and Honours make them so stately that they thinke it is not Episcopall to preach often and on the other side they are so fat and live so much at their ease that through idlenesse they cannot bring their mindes unto it and so first ariseth envy against those that doe take paines and thence after springeth persecution In the next place their Interest is concerned in matter of profit for they suppose that if the credit of their Diana fall to the ground their gaine will after cease and that the people will thinke much that some men should take all the paines and other goe away with all the profit Lastly their Interest is concerned in it in poynt of power for they finde that neither such preaching Ministers nor their Auditors are so plyable to yield blinde Canonicall obedience as others are and so it concernes them in poynt of power to stop their mouthes And now it must needes follow by the rule of Contraries that it must be for their profit
the learnedst of the Reformed Churches abroad and lastly a government under which till these late yeares this Church hath so flourished so fructified that such a government such a function should at the fagge end of 1640. yeares bee found to have such a close Devill in it as no power can Exercise no Law Restraine appeares Sir to mee a thing very improbable I professe I am deceived Sir if Trienniall Parliaments will not be a Circle able to keep many a worse Devill in order For the second I know not the strength of other mens fancies but I will confesse unto you ingenuously the weaknesse of my faith in the poynt that I doe not beleeve there can any other government bee proposed but will in time bee subject to as great or greater inconveniences than Episcopacy I meane Episcopacy so ordered reduced and limitted as I suppose it may bee by firme and solid Boundaries T is true Sir we cannot so well judge before-hand of future inconveniences for the knowledge of the faults and mischiefes of Episcopall government resulting from fresh and bleeding experience And the insight into dangers of any new way that shall be proposed being to rise onely from speculation the apprehension of the one is likely to be much more operative than of the other though perhâ—ps in just reason it ought to bee the weaker with us it is hard in such cases for us to preserve an equall and unpropense judgement since being in things of this world so much too hard for faith and contemplation yet as Divine as our inspection is into things not experimented if wee hearken to those that would quite extirpate Episcopacy I am confident that in stead of every Bishops wee put downe in a Diocesse wee shall set up a Pope in every Pariâ—h Lastly Mr. Speaker whether the subversion of Episcopacy and the introducing of another kinde of Government be practiceable I leave it to those to judge who have considered the Connexion and Interweaving of the Church Government with the Common Law to those who heard the Kings Speech to us the other day or who have looked into reason of state For my part though no Statesman I will speake my minde freely in this I doe not thinke a King can put downe Bishops totally with safety to Monarchy not that there is any such allyance as men talk of 'twixt the Myter and the Crowne but from this reason that upon the putting downe of Bishops the Government of Assemblies is likely to succeed it That to bee effectuall must draw to it selfe the supremacy of Ecclesiasticall jurisdiction that consequently the power of Excommunicating Kings as well as any other brother in Christ and if a King chance to be delivered over to Sathan judge whether men are likely to care much what becomes of him next These things considered M. Speaker let us lay aside all thoughts of such dangerous such fundamentall such unaccomplished Alterations and all thought of countenancing those thoughts in others let us all resolve upon that course wherein with union wee may probably promise our selves successe happinesse and security that is in a through Reformation To that no mans vote shall be given with more zeale with more heartinesse than mine Let us not destroy Bishops but make Bishops such as they were in the Primitive times Doe their large Terriories their large Revenues offend let them be retrencht the good Bishops of Hippo had but a narrow Diocesse Doe their Courts and subordinates offend let them be brought to governe as in the Primitive times by Assemblies of their Clergy Doth their intermedling in secular affaires offend exclude them from the capacity it is no more than what Reason and all Antiquity hath interdicted them That all this may bee the better effected M. Speaker my mottion is that First we may appoynt a Committee to collect all grievances springing from the misgovernment of the Church to which the Ministers head of Government will bee sufficient without countenancing this Petition by a Commitment and to represent it to this house in a Body And in the next place that wee may if it stand with the order of Parliaments desire that there may bee a standing Committee of certain members of both Houses who with a number of such learned Ministers as the Houses shall nominate for Assistants may take into consideration all these grievances and advise of the best way to settle peace and satisfaction in the Government of the Church to the comfort of all good Christians and all good Common-wealths Men. The Accusation and Impeachment of John LORD Finch Baron of Fordwich Lord Keeper of the Great Seale of England by the House of COMMONS IMprimis That the said Iohn Lord Finch Baron of Fordwich Lord Keeper c. hath traiterously and wickedly endeavoured to subvert the fundamentall Lawes and established Government of the Realme of England and in stead thereof to introduce an arbitrary tyrannâ—call government against Law which hee hath declared by trayterous and wicked words counsells opinions judgements practices and actions II. That in pursuance of those his trayterous and wicked purposes hee did in the third and fourth yeare of his Majesties reigne or one of them being then Speaker of the Commons House of Parliament contrary to the commands of the House then assembled and sitting denyed and hindred the reading of some things which the said House of Commons required to bee read for the safety of the King and Kingdome preservation of the Religion of this Realme and did forbid all the members of the house to speake and said that if any did offer to speake he would rise and goe away and said nothing should bee then done in the house and did offer to rise and goe away and did thereby and otherwise in as much as in him lay endeavour to subvert the ancient and undeubted rights and course of Parliaments III. That he being of his Majesties Councell at the Iustice seate held for the County of Essex in the moneth of October in the tenth yeare of his now Majesties reigne at Strafford Langton in the same County being then of his Majesties Councell in that Service did practise by unlawfull meanes to enlarge the Forrest of that County many Miles beyond the knowne bounds thereof as they had beene enjoyed neere 300 yeares contrary to the Law and to the Charter of the liberties of the Forest and other Charters and divers Acts of Parliament and for effecting the same did unlawfully cause and procure undue returnes to be made of Iurors and great numbers of other persons who were unsworne to be joyned to them of the Iury and threatned and awed the sayd Iurors to give a Verdict for the King and by unlawfull means did surprise the County that they might not make Defence and did use severall menacing wicked Speeches and Actions to the Iury and others for obtayning his unjust purpose aforesaid and after a Verdict obtained for the King in the Moneth of April following at
this next Michaelmas Let thither also reach their prescribed time for liberty And that till then their protections shall remain in as full vertue and authority as if the Parliament were actually sitting To the Right Honorable the LORD Deputie SHewing that in all ages past since the happy subiection of this Kingdome to the imperiall Crown of England it was and is a principall study and Princely care of his Maiesty and his most Noble Progenitors Kings and Queens of England and Ireland to the vast expence of Treasure and bloud that their loyall and dutifull people of this land of Ireland being now for the most part derived from the Brittish Ancestor should be governed according to the municipiall and fundamentall lawes of England that the Statute of Magna Charta or the great Charter for the liberties of England and other laudable lawes and Statutes were in severall Parliaments here enacted and declared that by the means thereof and of the most prudent and benigne government of his Maiestie and his royall Progenitors this Kingdome was untill of late in its growth to a flourishing estate whereby the said people were hertofore enabled to answer their humble and naturall desires to comply with his Maiesties Royall and Princely occasions by the free gift of 150000 l. ster and likewise by another gift of 120000 l. ster more during the government of the Lord Viscount Faulk-land and after by the gift of 40000. l. and their free and chearfull gift of 6. entire Subsidies in the 10. year of his Maiesties Reign which to comply with his Maiesties then occasions signified to the then H. of Commons they did allow should amount in the collections unto 250000. l. although as they confidently beleeve if the sayd Subsidies had not been levied in a moderate Parliamentary way they would not have amounted to much more than half the said sum besides the four entire Subsidies granted in this present Parliament So it is may it please your Lordship that by the occasion of the ensuing and other grievances and innovations though to his Maiestie no considerable profit this Kingdome is reduced to that extreme and universall poverty that the same is now lesse able to pay a Subsidie then it was heretofore to satisfie all the before recited great payments and his Maiesties most faithfull people of the same do conceive great fears that the grievances and the consequences therof may hereafter be drawn into precedents to be perpetuated upon their posterity which in their great hopes and strong belief they are perswaded is contrary to his Maiesties Royall and Princely intention towards his said people some of which said grievances are as followeth I. First the generall and apparent decay of Trades occcasioned by the new and illegall raysing of the book of Rates and Impositions as xii d. a piece custome for Hides bought for 3.4 or 5. s. and many other heavie Impositions upon native and other commodities exported and imported by reason thereof and of the extream usage and sensures Marchants are beggered and both disinabled and discouraged to trade and some of the honorable persons who gain thereby are often Iudges and parties and that in conclusion his Maiesties profit therby is not considerably advanced II. Secondly the arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lievetenant and Lord Deputy and infinite other Iudicators upon references from them derived in the nature of all actions determinable at the Common-law not limited unto certain times seasons causes and things whatsoever and the consequence of such proceedings by receiving imomoderate and unlawfull fees by Secretaries Clerkes Pursivants Serjants at Armes and otherwise by which kinde of proceedings his Majesty loseth a considerable part of his Revenue upon originall writs and otherwise and the Subject loseth the benefit of his writ of error Bill of reversall vouchers and other legall and just advantages and the ordinary course and Courts of Justice declined III. Thirdly the proceedings in civill causes at the Councell boord contrary to the law and great Charter and not mitted to any certain time or season IV. Fourthly that the Subject is in all the materiall parts thereof denyed the benefit of the principall graces and more especially of the Statute of Limitations of the 21. Jan. granted by his Majesty in the 4 year of this Reign upon great advice of the Counsell of England and Ireland and for great consideration and th n published in all the Courts of Dublin and in all the Courts of this Kingdome in open Assizes whereby all persons do take notice that contrary to his Majesties plous intention his Subiects of this Land have not enioyed the benefit of his Maiesties Princely promise thereby made V. Fiftly the extraiudiciall avoyding of Letters Patents of estates of a very great part of his Maiesties Subiects under the great Seale the publique faith of the Kingdome by private opinions delivered at Councell Boord without legall Evictions of their estates contrary to the Law and without precedent or example of any former age VI. Sixtly the Proclamation for the sole exemption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means wherof thousands of Families within this Kingdome and of his Maiesties subiects in severall Islands and other parts of the West Judies as your Petitioners are informed are destroyed and the most part of 〈◊〉 Coyne of this Kingdome is ingrossed into particular hands Insomuch that your Petitioners do conceive that the profit arising and ingrossed thereby doth surmount his Maiesties Revenues certaine and casuall within this Kingdome and yet his Maiestie receiveth but very little profit by the same VII Seventhly the unusuall and unlawfull increasing of Monopolies to the advantage of few to the disprofit of his Maiesty and the impoverishment of his people VIII Eighthly the extream and cruell usage of certain late Commissioners and other towards the Brittish Farmers and Inhabitants of the City and County of London-derry by meanes whereof the worthy plantation of that Country is almost destroyed and the Inhabitants are reduced to great poverty and many of them forced to forsake the Country the same being the first and most usefull Plantation in the large Province of Vlster to the great weakning of the Kingdome in this time of danger the sayd Plantation being the principall strength of those parts IX Ninthly the late erection of the Court of high Commission for causes Ecclesiasticall in these necessitous times the proceedings of the sayd Court in many causes without legall warrant and yet so supported as prohibitions have not been obtained though legally sought for and the excessive fees exacted by the ministers thereof and the incroaching of the same upon the iurisdiction of other Ecclesiasticall Courts of this Kingdome X. Tenthly the exorbitant and Barbarous Fees and pretended Customes exacted by the Clergie against the Law some of which have beene formerly represented to your Lordship XI Eleventhly the
is who not only gave away with his breath what our Ancestors had purchased for us by so large an expence of their time their care their treasure and their blood and imployed their industry as great as his injustice to perswade others to joyne with him in that deed of gift but strove to root up those liberties which they had cut downe and to make our grievances immortall and our slavery irreparable lest any part of our posterity might want occasion to curse him He declared that power to be so inherent to the Crowne as that it was not in the power even of Parliaments to divide them I have heard Mr. Speaker and I thinke here that common Fame is ground enough for this House to accuse upon And then undoubtedly enough to be accused upon in this House She hath reported this so generally that I expect not that you should bid me name him whom you all know nor doe I looke to tell you newes when I tell you it is my Lord Keeper But this I think sit to put you in minde That his place admits him to his Majestie and trusts him with his Majesties conscience and how pernicious every moment whilst one gives him means to infuse such unjust opinions of this House as are exprest in a Libell rather then a Declaration of which many believe him to be the principall Secretary and th' other puts the vaste and most unlimited power of the Chauncery into his hands the safest of which will be dangerous for my part I thinke no man secure that he shall thinke himselfe worth any thing when he rises whilst all our estates are in his breast who hath sacrificed his Countrey to his ambition whilst hee who hath prostracted his owne conscience hath the keeping of the Kings and he who hath undone us already by whole-sale hath a power left in him by retaile Mr. Speaker in the beginning of the Parliament he told us and I am confident every man here believes it before he told it and never the more for his telling though a sorry witnesse is a good testimony against himselfe That his Majestie never required any thing from any his Ministers but Justice and Integrity Against which if any of them have transgrest upon their heads and that deservedly it ought to fall It was full and truly but he hath in this saying pronounced his owne condemnation we shall be more partiall to him then he is to himself if we be slow to pursue it It is therefore my just and humble motion That wee may chuse a select Committee to draw up his and their charge and to examine their carriage in this particular to make use of it in the charge and if he shall be found guilty of tampering with Judges against the publike security who thought tampering with witnesses in a private cause worthy of so great a Fine if he shall be found to have gone before the rest to this Judgement and to have gone beyond the rest in this Judgement that in the punishment for it the Justice of this House may not denie him the due honor both to preceed and exceed the rest Sir JOHN CULPEPPERS Speech in the Commons House of Parliament 9o. Novemb. 1640. Mr. SPEAKER I stand not up with a Petition in my hand I have it in my mouth and have it in charge from them that sent me hither humbly to present to the consideration of this House the grievances of the County of Kent I shall only summe them up they are these First the great increase of Papists by the remisse execution of those lawes which were made to suppresse them the life of the law is execution without this they become a dead letter this is wanting and a great grievance The second is the obtruding and countenancing of divers new Ceremonies in matters of Religion as placing the Communion Table Altar-wise and bowing or cringing to or towards it the refusing of the holy Sacrament to such as refuse to come to the Rayles These carry with them some scandall and much offence The third is Military charges and therein first that of Coate and Conduct money required as a loane pressed as a due in each respect equally a grievance The second is the enhancing the price of Powder whereby the Trayned Bands are much discouraged in their exercising howsoever this may appeare prima facie upon due examination it will appeare a great grievance The third is more particular to our County It is this The last Summer was twelvemonth 1000. of our best Arms were taken from the owners and sent into Scotland The compulsary way was this If you will not send your Arms you shall goe your selves M. Speaker the trayned Band is a Militia of great strength and honor without charges to the King and deserves all due encouragement The fourth is the Canons I assigne these to bee a grievance First in respect of the matter besides the c. Oath Secondly in respect of the makers they were chosen to serve in a Convocation that falling with the Parliament the Scene was altered The same men without any new election shufled into a sacred Synod Thirdly in respect of the consequence which in this age when the second ill president becomes a Law is full of danger The Clergy without confirmation of a Parliament have assumed unto themselves power to make Lawes to grant Reliefe by the name of benevolence and to intermeddle with our free-hold by suspensions and deprivation This is a grievance of a high nature The next grievance is the Ship-money This cries aloud I may say I hope without offence This strikes the first born of every family I meane our inheritance If the Lawes give the king power in any danger of the kingdom whereof hee is Judge to impose what and when hee please wee owe all that is left to the goodnesse of the King not to the Law M. Speaker this makes the Farmors faint and the Plough to goe heavy The next is the great decay of cloathing and fall of our woolls These are the golden Mines of England which gives a foundation to that trade which we drive with all the World I know there are many starres concurre in this constellation I will not trouble you with more than one cause of it which I dare affirme to be the greatest It is the great customes and impositions laid upon our Cloath and new Draperies I speak not this with a wish to lessen the King revenews so it be done by Parliament I shall give my voice to lay more charge upon the superfluities due regard being had to trade which we import from all other Nations sure I am that those impositions upon our native commodities are dangerous give liberty to our neighbours to under-sell And I take it for a rule that besides our losse in trade which is five times as much as the King receiveth what is imposed upon our Cloaths this it taken from the rent of our lands I have but one grievance
security of the Subject enacted immediately before their comming to employment in the contriving whereof themselves were principall Actors The goodnesse and vertue of the King they served and yet the high and publique oppressions that in his time they have wrought And surely there is no man but will conclude with me that as the deficience of Parliaments hath bin the Causa Causarum of all the mischiefes and distempers of the present times so the frequency of them is the sole Catholicke Antidote that can preserve and secure the future from the like danger Mr. Speaker let me yet draw my Discourse a little nearer to his Majesty himselfe and tell you that the frequency of Parliament is most essentially necessary to the power the security the glory of the King There are two wayes Mr. Speaker of powerfull Rule eyther by Feare or Love but one of happy and safe Rule that is by Love that Firmissinum Imperium quo obedientes gaâ—dent To which Camillus advised the Romans Let a Prince consider what it is that mooves a people principally to affection and dearnesse towards their Soveraigne He shall see that there needs no other Artifice in it then to let them injoy unmolested what belongs unto them of right If that have beene invaded and violated in any kind whereby affections are alienated the next consideration for a wise Prince that would be happy is how to regaine them To which three things are equally necessary 1. Re-instating them in their former Libertie 2. Revenging them of the Authors of those violations 3. And securing them from Apprehensions of the like againe The first God be thanked wee are in a good way of The second in warme pursuit of But the third as essentiall as all the rest till we be certain of a Trienniall Parliament at the least I professe I can have but cold hopes of I beseech you then Gentlemen since that security for the future is so necessary to that blessed union of affections and this Bill so necessary to that security Let us not be so wanting to our selves let us not be so wanting to our Soveraigne as to forbeare to offer unto him this powerfull this everlasting Philter to Charme unto him the hearts of his people whose vertue can never evaporate There is no man M. Speaker so secure of anothers friendship but will thinke frequent intercourse and accesse very requisite to the support to the confirmation of it Especially if ill offices have beene done betweene them if the raysing of jealousies hath beene attempted There is no Friend but would be impatient to be debarred from giving his friend succour and reliefe in his necessities Mr. Speaker permit mee the comparison of great things with little what friendship what union can there be so comfortable so happy as betweene a gracious Soveraigne and his people and what greater misfortune can there bee to both then for them to bee kept from entercourse from the meanes of clearing mis understandings from interchange of mutuall benefits The people of England Sir cannot open their Eares their Hearts their Mouthes nor their Purses to his Majesty but in Parliament We can neyther heare Him nor Complaine nor acknowledge nor give but there This Bill Sir is the sole Key that can open the way to a frequency of those reciprocall indearments which must make and perpetuate the happinesse of the King and Kingdome Let no man object any derogation from the Kings Prerogative by it Wee doe but present the Bill 't is to be made a Law by him his Honour his Power will be as conspicuous in commanding at once that Parliament shall assemble every third yeare as in commanding a Parliament to be called this or that yeare there is more of his Majesty in ordayning primary and Vniversall Causes then in the actuaâ—ing particularly of subordinate effects I doubt not but that glorious King Edward the Third when he made those Lawes for the yearely Calling of Parliament did it with a right sence of his dignity and honour The truth is Sir the Kings of England are never in their Glory in their Splendour in their Majesticke Soveraignty but in Parliaments Where is the power of imposing Taxes Where is the power of restoring from incapacities Where is the legislative Authority Marry in the King Mr. Speaker But how In the King circled in fortified and evirtuated by his Parliament The King out of Parliament hath a limitted a circumscribed jurisdiction But waited on by his Parliament no Monarch of the East is so absolute in dispelling Grievances Mr. Speaker in chasing ill Ministers we doe but dissipate Clouds that may gather againe but in voting this Bill we shall contribute as much as in us lyes to the perpetuating our Sunne our Soveraigne in his verticall in his Noone day lustre A Speech of the Honourable NATHANAEL FIENNES In the House of Commons the 9. of Febr. 1640. Mr. Speaker TWO things have fallen into debate this day The first concerning the Londoners Petition whether it should bee committed or no. The other concerning the government of the Church by Arch-bishops Bishops c. whether it should bee countenanced or no. For the first I doe not understand by any thing that I have yet heard why the Londoners Petition should not be committed or countenanced The exceptions that are taken against it are from the irregularities of the delivery of it and from the Subject matter contained in it For the first it is alledged that the long taile of this blazing starre is ominous and that such a number of Petitioners and such a number that brought the Petition to the House was irregular Hereunto I answer that the fault was either in the multitude of the Petitioners or in their carriages and demeanours if a multitude finde themselves agrieved why it should be a fault in them to expresse their grievances more than in one or a few I cannot see nay to me it seemes rather a reason that their Petitions should be committed and taken into serious consideration for thereby they may receive satisfaction though all bee not granted that they desire But if wee shall throw their Petition behind the door and refuse to consider it that it may seeme an act of will in us And whether an act of will in us may not produce an act of will in the people I leave it to your consideration Sure I am acts of will are more dangerous there than here because usually they are more tumultuous All Lawes are made principally for the quiet and peace of a Kingdome and a Law may be of such indifferent nature many times that it is a good reason to alter it onely because a great number desires it if there were nothing else in it and therefore I doe not see that the number of Petitioners is any good reason why it should not bee committed but rather the contrary Now for their carriage there came indeed three or foure hundred of the 15000 some of the better sort of them
that demonstration of the intention to make that formality Treason which were materially but a misdemeanor a Treason as well against the King as against the Kingdome for whatsoever is against the whole is undoubtedly against the head which takes from his Majesty the ground of his Rule the Lawes for if foundations bee destroyed the Pinnacles are most endangered which takes from his Majesty the principal honour of his Rule the Ruling over Free-men a power as much Nobler then over villaines as that is that 's over beasts which endevoured to take from his Majesty the principall support of his Rule their hearts and affections over whom he rules a better and surer strength and wall to the King than the Sea is to the Kingdome and by begetting a mutuall distrust and by that a mutuall disaffection between them to hazard the danger even of the destruction of both My Lords I shall the lesse need to presse this because as it were unreasonable in any case to suspect your Iustice so here especially where your interest so nearly unites you your great share in possessions giving you an equall concernment in propriety the care and paines used by your Noble Ancestors in the founding and asserting of our conmon Liberties rendring the just defence of them your most proper and peculiar inheritance and both exciting to oppose and extirpate all such designes as did introduce and would have set led an Arbitrary that is an intollerable forme of Government and have made even your Lordships and your posterity but Right Honourarable slaves My Lords I will spend no more words Luctando cum larva in accusing the Ghost of a departed person whom his Crimes accuse more than I can doe and his absence accuseth no lesse than his Crime Neither will I excuse the length of what I have said because I cannot adde to an Excuse without adding to the Fault or my owne imperfections either in the matter or manner of it which I know must appeare the greater by being compared with that learned Gentlemans great abilitie who hath precoded me at this time I will onely desire by the Command and in the behalfe of the House of Commons that these proceedings against the Lord Finch may be put in so speedy away of dispatch as in such cases the course of Parliament will allow The first Speech made by Sir Edward Deering in the house of Commons Mr. Speaker YEsterday the affaires of this House did borrow all the time allotted to the great Committee of Religion I am sorry that having but halfe a day in a whole week we have lost that Mr. Speaker The sufferings that wee have undergone are reduceable to two heads The first concerning the Church The second belonging to the Common-wealth The first of these must have the first fruites of the Parliament as being the first in weight and worth and more immediately to the honour of God and his Glory every dramme whereof is worth the whole weight of a Kingdome The Common-wealth it is true is ful of apparent dangers the Sword is come home unto us and two Twinned Nations united together under one regall Head Brethren together in the Bowels and Bosome of the same Island and which is above all is imbanded together in the same Religion I say in the same Religion by a divellish Machination like to be fatally imbrewed in each others blood ready to digge each others Graves Quantillum abfuit For other grievances also the poore dis-hearted Suject sadly grieves not able to distinguish betweene Power and Law and with a weeping heart no question hath long prayed for this houre in hope to be relieved and to know hereafter whether any thing hee hath besidâ—s his poore part and portion of the common Aire hee breatheth may be truly called his owne These Mr. Speaker and many other doe deserve and must shortly have our deepe regards but suo gradis Now in the first place there is a unum necessarium above all our worldly sufferings and dangers Religion the immediate Service due unto Almighty God and herein let us all be confident that all our consultations wil be unprosperous if wee put any determination before that of Religion For my part let the Sword reach from the North to the South and a generall perdition of all our remaining rights threaten us in an open view it shall bee so farre from making mee to decline the first setling of Religion that I shall ever argue and rather conclude it thus That the more great and eminent our perils of this World are the stronger and quicker ought our care to be for the glory of God and the pure Law of our Soules If then Mr. Speaker it may passe with full allowance that all our cares may give way unto the Treaty of Religion I will reduce that also unto two heads First of Ecclesiasticall persons Then of Ecclesiasticall Causes Let no man start or be affrighted at the imagined length of this Consultation it will not it cannot take up so much Time as it is worth This is God and the Kings God and the Kingdomes nay this is God and the two Kingdomes cause And therefore Mr. Speaker my humble motion is that wee may all of us seriously speedily and heartily enter upon this the best and the greatest and the most important cause wee can treate on Now Mr. Speaker in pursuite of mine owne motion and to make a little entrance into these great Affaires I will present unto you the Petition of a poore distressed Minister in the Couâ—ty of Kent a man conformable in his practice Orthodoxe in his Doctrine laborious in his Ministery as any wee have or I doe know He is now a sufferer as all good men are under the generall obloquy of a Puritan as with other things was admirably delivered by that silver Trumpet at the Bar the Pursevant watched his doore and divides him and his Cure asunder to both their griefes for it is not with him as perhaps with some that set the Pursevant at worke glad of an excuse to be out of thâ— Pulpit it is his delight to Preach About a week since I went over to Lambeth to moove that great Bishop too great indeede to take this danger from off this Minister and recall the Pursevant And withall did undertake for Mr. Wilson for so is your Petitioner called that hee should answere his Accusers in any of the Kings Courts aâ— Westminster The Bishop made me this answere in His verbis I am sure that hee will not absent from his Cure a Twelve-moneth together and then I doubt not but once in a yeare wee shall have him This was all that I could obtaine but I hope by the helpe of this House before this yeare of threats-be runne out his Grace will eyther have more Grace or no Grace at all For our griefes are manifold and doe fill a mighty and vast Circumference yet so that from every part our lines of sorrow doe lead unto him and
studied Speech I come to speake my heart and to speake it clearely and plainely and then leave it to your clemencie and Justice and I hope if any thing shall slip from me to work contrary to my meaning or intention disorderly or ill placed you will be pleased to make a favourable construction and leave me the liberty of explanation if there shall be any but I hope there shall be no cause for it I hope for my affection in Religion no man doubteth me what my education what and under whom for many yeares is well knowne I lived neere 30 yeares in the Society of Grayes Inn and if one that was a reverend Preacher in my time Doctor Sibbs were now alive hee were able to give testimony to this House that when a party ill affected in Religion sought to weary him and tyer him out hee had his chiefest encouragement from me I have now Master Speaker been 15 yeares of the Kings Councell from the first houre to this minute no man is able to say that ever I was Author Advisor or Consentor to any project It pleased the King my gracious Master after I had served him divers yeares to preferre mee to two places to be chiefe Justice of the Common Pleas and then Keeper of his great Seale I say it in the presence of God I was so far from the thought of the one and from the ambition of the other that if my Master his grace and goodnesse had not been I had never enjoyed those Honours I cannot tell Master Speaker nor I doe not know what particulars there are that may draw me into your disfavour or ill opinion and therefore I shall come very weakly armed yet to those that either in my owne knowledge or by such knowledge as is given me and not from any in this House I shall speake somewhat that I hope being truth and accompanied with clearenesse and ingenuity will at last procure some allay of that ill opinion which may perhaps be conceived of me Master Speaker I had once the Honour to sit in the place that you doe from the first time I came thither to the unfortunate time I doe appeale to all that were here then if I served you not with candor Ill office I never did to any of the House good offices I have witnesses enough I did many I was so happy that upon an occasion which once happened I received an expression and testimony of the good affection of this House towards me For the last unhappy day I had a great share in the unhappinesse and sorrow of it I hope there are enough doe remember no man within the walls of this House did expresse more symptomes of sorrow griefe and distraction then I did After an adjournment for two or three dayes it pleased his Majestie to send for me to let me know that he could not so resolve of things as hee desired and therefore was desirous that there might be an adjournment for some few dayes more I protest I did not then discerne in his Majestie and I beleeve it was not in his thoughts to think of the dissolving of this Assembly but was pleased in the first place to give me a command to deliver his pleasure to the House for an adjournment for some few dayes till the Monday following as I remember and commanded me withall to deliver his pleasure that there should be no further speeches but forth with upon the delivery of the Message come and wait upon him hee likewise commanded me if questions were offered to be put upon my Alleageance I should not dare to doe it how much I did then in all humblenesse reason with his Majestie is not for me here to speake onely thus much let me say I was no Author of any counsell in it I was onely a person in receiving commission I speake not this as any thing I now produce or doe invent or take up for my owne excuse but that Which is knowne to divers and some Honourable persons in this house to be most true All that I will say for that is humbly to beseech you all to consider That if it had beene any mans cause as it was mine betweene the displeasure of a gracious King and the ill opinion of an Honourable Assembly I beseech you lay all together lay my first actions and behaviour with the last I shall submit to your Honourable and favourable constructions For the Shipping businesse my opinion of that cause hath layne heavy upon me I shall clearely and truly present unto you what every thing is with this protestation that if in reckoning up my owne opinion what I was of or what I delivered any thing of it be displeasing or coÌ„trary to the opinion of this House that I am farre from justifying of it but submit that and all other my actions to your wisedomes and goodnesse Master Speaker the first Writs that were sent out about Shipping businesse I had no more knowledge of it and was as ignorant as any one Member of this House or any man in the Kingdome I was never the Author nor Advisor of it and will boldly say from the first to this houre I did never advise nor counsell the setting forth of any Ship-writs in my life Master Speaker it is true that I was made chiefe Justice of the Common Pleas some foure dayes before the Ship-writs went out to the Ports and Maritine places as I doe remember the 20 of October 1634. they doe beare Teste and I was sworne Justice the 16 of October so as they went out in that time but without my knowledge or privity the God of heaven knowes this to be true Master Speaker afterwards his Majestie was pleased to command my Lord chiefe Justice of the Kings Bench that then was Sir Thomas Richardson and chiefe Baron of the Exchequer that now is and my selfe then chiefe Justice of the Common Pleas to take into consideration the Presidents then brought unto us which we did and after returned to his Majestie what we had found out of those Presidents It is true that afterwards his Majestie did take into consideration that if the whole Kingdome were concerned that it was not reason to lay the whole burthen upon the Cinque Ports and Maritine Townes Thereupon upon what ground his Majesty took that into his consideration I doe confesse I doe know nothing of it His Majesty did command my Lord chief Justice that now is my Lord chiefe Baron and my selfe to returne our opinions whether when the whole Kingdome is in danger and the Kingdome in generall is concerned it be not according to Law and reason that the whole Kingdome and his Majestie and all interessed therein should joyne in defending and preserving thereof This was in time about one 1634. In Michaelmas Terme following his Majesty commanded â—e to goe to all the Judges and require their opinions in particular He commanded mee to doe it to every one and to charge them upon their
My Lord Keeper did first let us know that his Majesty had commanded the Lords Commissioners of the great Councell to give an account of their Treaties at Yorke and Rippon to both Houses and of his Majesties gracious intentions in a businesse so much importing the honour and safety of the Kingdome that there might be made a faithfull relation with all candor and clearnesse which was the summe of his Majesties instructions His Lordship declaring that my Lords of the upper House for the saving of time had thought fit to give this account to a Committee of both Houses which hath occasioned the meeting at this Conference and election being made of the Earle of Bristoll by the Lords Commissioners he began his Narration directed to the Lords of the upper House and to the Knights Citizens and Burgesses of the house of Commons and thus the Earle of Bristoll began That the Lords Commissioners intended not to looke further back into the businesse then the Acts of their own imployments They did intend to give no account of the pacification interrupted nor war renewed no account how the Armies in England Ireland and by Sea were designed nor of any occasion They purposed not to lay fault upon any man nor to enquire into the cause why the Scots as they pretended from necessity were drawne to enter this Kingdome nor why the Kings Army when service was to be done was out of the way But that those through whose hands these have passed might hereafter give their own account His Lordship told us that his Majesty was pleased to call his great Councell at Yorke to whom he made two propositions The first was how his Army which seemed to be in distresse for want of pay should be relieved and maintained To this to shew their duties to the King the Lords resolved to ingage themselves and to that purpose to send chosen Deputies to London to negotiate a supply The second proposition was that after the Scots had passed Northumberland taken Newcastle and possessed the Bishopricke of Duresme they sent a Petition to his Majesty which containeth in generall termes a desire to have their grievances taken into consideration Which Petition and Answer thereunto was read unto us A. N. A. and presented for our clearer understanding Upon receipt of his Majesties Answer the Scotish Lords sent his Majesty a second Petition directed in a Letter to the Earle of Lanrick K. Q. in which they made their particular demands and declared that according to his Majesties command they would advance no further and this Petition was also read and delivered unto us of which his Lordship desired that great Assembly to take especiall notice for that much of the future discourse would depend upon it The businesse thus stated at the great Councell the second proposition was what Answer should be made to that Petionary Letter and in what manner it should be carried In which his Majesty required their Councell Whereupon the Lords replyed that it was impossible for them to give any well grounded advice unlesse the true state of his affaires and the Condition of his Army were laid before them Whereupon his Majesty commanded the Earle of Traquaire N. L. to make the Narration of the Scotish businesse and their late Acts of Parliament and the Lord Lievtenant generall to give an account in what condition the Army stood and what was answered by my Lord Lievtenant was read in his owne words Besides this declaration the Earle of Bristoll delivered upon a further enquiry how the state of the businesse then stood That the Scots Army had passed Northumberland without resistance that they had disputed the passage of the River of Tyne at Newburne where our horse retyred in disorder that his Majesties foot Army consisting of twelve or fourteene thousand men in Newcastle likewise retired to Yorke whereby the Towne of Newcastle a place of great consideration was without one stroke strucken fallen into the Scots hands and the Bishopricke of Duresme drawn under Contribution That in this state the Gentry of the Bishopricke repayred to Master Treasurer who carryed them to his Majesty from whom they were referred to my Lord Lievtenant of the Army who gave them this answer positively That they could looke for no help nor protection from the King and therefore they might use the best meanes they could to preserve their lives and estates Whereby those distressed Provinces the ancient Bulwarks of this Kingdome full of brave and valiant men being now fallen into the power of an Army which of necessity must live were forced to consent to a contribution by Treaty and a very heavy one though such without which the Scotish Army could not subsist The agreement was 350. l. a day for the Bishopricke of Duresme 300. l. a day for Northumberland 200. a day for the Towne of Newcastle in all 850. l. a day which should it continue would amount unto 300000. l. for one yeare These Gentlemen much lamented their estates that the Scots should be irritated as they call it by being proclaimed Traytors His Lordship made a little digression and asked leave to speake truth in such language as the Scots had presented their state unto them That having proclamation made against them being threatned with a great Army of thirty or forty thousand men another of ten thousand out of Ireland and by Parliament declared Traytors and Rebels and having heard of another Army providing of eight or ten thousand by shipping to hinder their Trade at least their Commerce with England that they were drawne together by necessity as they pretended of defence further alledging that it was a common discourse of which they had seene papers that they should bee reduced into a Province which would be but one Summers worke and therefore they having drawne their power together as any Nation would doe and being assembled and their Country being poore taking advantage of the time and that all those Armies that should oppose them were out of the way and those unfortunate Provinces left like a list of Cloath they were forced to enter in England that thus they had lamented and thus the state stood before the Lords when it was examined in the great Councell Thus their Lordships found that the Scots had increased their confines neere fourescore miles in England and had passed the Rivers of Tweed and Tyne and that the River of Tees the boundary of Yorkeshire Duresme being possessed was not to be defended being foordable in many places by forty horse a front that if the Scots should passe that River there was no possibility to hinder them from comming to Yorke or to any part of England without hazarding a Battell which my Lord Lievtenant had declared unto them he would not advise for though the Kings Army consisted of seventeene or eighteene thousand good bodies of men yet being untrained and unused to Armes he would be loath to hazzard such an Adventure upon them but if they
government but that his Majesty may well satisfie them For our late experience I hope will teach us what rocks to shunne and how necestary the use of moderation is And for his Majesty he hath had experience enough how that prospers which is gotten without the concurrent good will of his people never more money taken from the Subject never more want in the Exchequer If we looke upon what we have payd it is more then ever the people of England did in such a time if we looke upon what hath beene effected therewith it shewes as if never King had beene worse supplyed so that we seeme to have acted Belids part whose punishment was to endevour the filling of a Sive with water Whosoever gave advice for these courses hath made good the saying of the wise man Qui conturbat domum suam possidebit ventum By new wayes they think to accomplish wonders but in truth they graspe the winde and are in the meane time saevus ambobus Achilles cruell to us and to the King too for if the Common-wealth flourish then hee that hath the Soveraignty can never want nor doe amisse so as hee governe not according to the interest of others but goe the shortest and the safest wayes to his owne and the common good with regard how they stand in order to any private mans desires or a preservation The Kings of this Nation have alwayes governed by Parliaments And if wee looke upon the successe of things since Parliaments were layd by it resembles that of the Grecians Ex illo fluere vetito sublapsa referri Rex Danaum especially on the Subjects parts for though the King hath gotten little they have lost all but his Majesty shall heare the truth from us and wee shall make to appeare the errors of Divines who would perswade us that a Monarch can be absolute and that he may doe all things ad libitum receding not onely from their text though that be a wandring too but from the way which their owne profession would teach them Stare super vias antiquas and remove not the ancient bounds and land-markes which our Fathers have set If to be absolute were to be restrained by no lawes then can no King in Christendome be so for they all stand obliged to the Lawes Christian and we aske no more For to this Pillar are our priviledges fixt our Kings at their Coronation taking a sacred oath not to infringe them I am sorry these men take not more care of informing our faith of those things which they tell us for our soules health whiles we know them so manifestly in the wrong in that which concerns the liberties priviledges of the Subjects of England But they gaine preferment and then 't is no matter though they never beleeve themselves nor are beleeved of others But since they are so ready to let loose the Conscience of our Kings we are the more carefully to provide for our protection against this Pulpit-Law by declaring and re inforcing the Municipall Lawes of this kingdome It is worth the observing how new this opinion is or rather this way of rising even amongst themselves For Master Hooker who sure was no refractory man as they terme it thinkes that the first Government was arbitrary untill it was found that to live by one mans will became the cause of all mens miseries these are his words and that this was the originall of inventing Lawes And Master Speaker if we looke furtner back our Histories will tell us that the Prelates of this kingdome have often beene the mediators betweene the King and his Subjects to present and pray redresse of their grievances and had reciprocally then as much love and reverence from the People but these Preachers more active then their Predecessors and wiser then the Lawes have found out a better forme of Government the King must bee more absolute Monarch then any of his Predecessors and to them hee must owe it though in the meane time they hazzard the hearts of his people and involve him into a thousand difficulties For suppose this forme of Government were inconvenient and yet Master Speaker this is but a supposition for these five hundred yeares it hath not onely mainteined us in safety but made us victorious over other Nations but I say suppose they have another Idea of one more convenient wee all know how dangerous Innovations are and what hazzard those Princes runne that enterprise the change of a long established Government Now Master Speaker of all our Kings that have gone before and of all that are to succeed in this happy race why should so pious and so good a King bee exposed to this trouble and hazzard besides that Kings so diverted can never doe any great matter abroad But Master Speaker whiles these men have thus bent their wits against the Lawes of their Countrey whether they have neglected their owne Province and what Tares are growne up in the field which they should have tilled I leave it to a second consideration not but that Religion ought to bee the first thing in our purposes and desires but that which is first in dignity is not alwayes to precede in order of time for well-being supposes a being and the first impediment which men naturally indevour to remove is the want of those things without which they cannot subsist God first assigned unto Adam maintenance of life and gave him a title to the rest of the Creatures before he appointed a Law to observe And let me tell you if our adversaries have any such designe as there is nothing more easie then to impose Religion on a People deprived of their Liberties so there is nothing more hard then to doe the same upon Freemen And therefore Master Speaker I conclude with this motion that an order may bee presently made that the first thing this House will consider of shall be the restoring this Nation in generall to the fundamentall and vitall Liberties the propriety of our goods and freedome of our Persons and that then wee will forthwith consider of the supply desired and thus wee shall discharge the trust reposed in us by those that sent us hither his Majesty will see that wee make more then ordinary haste to satisfie his demands and wee shall let all those know that seeke to hasten the matter of supply that they will so far delay it as they give interruption to the former A Speech made by the Honourable DENZELL HOLLES Esquire at a Conference by a Committee of both Houses of Parliament in the painted Chamber May 4. 1641. in the presenting of the Protestation My Lords THe Knights Citizens and Burgesses of the House of Commons having taken into their serious consideration the present estate and condition of this Kingdome they find it surrounded with variety of pernitious and destructive designes practices and plots against the well-being of it nay the very being of it and some of these designes hatched within our owne
binds me Where there is nothing left the King loses his right Now Mr Speaker in a Parliamentary way we must withdraw and enter into our own Sphear Enter into a discusse of those objections that impugne Mr Fitz-Gerralds election admittance and priviledge of this House The first that ushers in the train is a sentence cloathed in sable standing on tip-toe and with a rusty dagger thrusting at a starre I mean a sentence speaking errour a sentence visitng the third and fourth generation a sentence striving to leap over the bounds of Magna charta thirty times confirmed a sentence awarded against a Judge of a higher Court than from which it issued The cause in question is to nullifie this sentence which if he appear a person capable of his priviledge more sua vivit and then neither it nor any thing derivatory or collaterall to it may be admitted against him by the rules of common civill or common Law it being a maxime consonant to them all Non potest adduci ejusdam rei excepio cujus petitur dissolutio Now to prove this sentence void Mr. Speaker I being no professor of the Law yet a Disciple of reason and the body of the audient Subject to the like guilt I will couch my self in arguments quae probant non probantur leaving precedents and Book-cases to the learned long Robe Then thus I argue By the Star 3. E. 4. All judgements censures sentences c. awarded against a member of Parliament are void so was this government some may say the King is not here included I say qui dicit omne excludit nullum And experience the mother of knowledge teacheth the same in precedents afore rehearsed and one I will adde for all which Trewman 38. Hen. 8. who was in execution upon a writ of exigent after a Capias adsatis faciend at the Kings suit and yet priviledged besides this is not at the Kings suit for the King is interessed here but secondarily both in name and profit Now I must make good my minor that he is a member of this house he that was duely elected and truely returned is a member of this house so was he Ergo c. My minor will be questioned I confirm it thus where the Kings writ for election is duly pursued according to the most used and received form there such an election is good so was this Ergo. Here Mr. Speaker falls the weight of their objection which we will master and answer with equall speed and first vellicat mibi aurem nescio quis and saith the writ is Burgensis de Burgo but he is not Burgensis de Burgo First I say quomodo constat here is none to offer in proof he is not so beside I offer it in Quaere whether the election doth not ipsofacto make him a Burgesse in omni instanti again I say the writ is directive not positive v. g. in a venire facias the Sheriff commanded to return 12. yet if he return not 24. he shall be fined in respect experience and practice proves some of the 12. may be questioned and challenged besides the writ explains it self the Knights must be Comitatus tui but the Burgesses and Citizens de qualibet Civitate Burgo which can admit of no other construction but these two Burgesses out of every Burrough not as Comitatus tui is which were then of every Burrough and certainly the Law provided this with great reason as not doubting every Shire could afford two Knights resident yet jealous whether every Burrough could provide two resident Burgesses qualified with these necessary adjuncts as could befit a member of so noble a place Again the writ commands duos milites and yet exception was never taken upon returning of Esquires so that the writ expounds it self it is not literally to be taken Next there is Thunder and Lightning shot out of the Statute 33. H. 8. being a Stat. to regulate election and absolutely commanding every Knight and Burgesse to be resident and have a certain Fee-simple in every burrough and County out of which they are elected Here they suppose our Priviledge will cry quarter as ready to be murthered by the Statute but it is ominous ante victoriam canere For first we answer that the disuse of a Statute antiquates a Statute as is observed upon the Statute of Merton and custome applauded by fortunate experience hath in all Parliaments ever prevailed a house of Commons would rather present Babell in it's confusion if the Tincker would speak his Dialect the Cobler his and the Butcher conclude a greasie Epilogue then the writ were well pursued these were Idonei homines to take and give counsell de rebus arduis but even to cut off the head of their own argument by a Sword of their own this Stat. of 33. H. 8. seems by the preamble to be made in repeal of all former Statutes by which election not qualified with residency was made void and so became a grievance to the Common-wealth and therefore this Statute makes the election not observed ut supra onely penall so that there is nothing offered in objection either from the writ or Statute to avoid this election Now I have placed him and dayly elected him and then his priviledge grows by consequence yet we have other objections minoris magnitudinis and to repeat them is to confute them First say they every Libeller is de jure excommunicated I answer every Libeller must be Scriptis Pictis or Cantilenis our member is guilty of none of them no he is not tearmed so neither in the censure nor in any present proceeding Another flourish is that he pleaded not his priviledge in the Castle-Chamber in which very objection they confesse him priviledged and make themselves guilty that they would proceed against a known member of our House But see the Roman spirit of Mr. Fitz-Gerald who would rather undergo the hazard of being a Starre-Chamber Martyr than to submit our Priviledge to an extrajudiciall debate It was in our honour he did this and for his eternall applause some body sayes the Castle-Chamber will think it self injured there being Lords of the house of Parliament at and in the censure As for the Lords humanum est errare but the Judges are rather involved in these words Premeditata malitia for his election was the 11 of November sitting then in Parliament and his censure the 13 of December so they had 22 or 23 dayes to repent of their ill-grounded resolution a greater affront never offered to the house of Commons being comparative as if the Recorder of the Tolsell should sentence the Lord chief Justice of Ireland a member of our house is a walking Record and needs not to melt the Kings picture in his pocket Others alleadge it was an election purchased by collusion but de non existentibus non apparentib cadem est ratio And since the end of his election is in it self and perâ—se for the advancing of the
unanimously endeavour to oppose and prevent the Counsels and Counsellours which have brought upon us all these miseries and the fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves better before God and man The Protestation your Lordships shall have read unto you together with ground and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble Then the Protestation was read by Master Maynard Die Mercurii 5 May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Preamble togtheer with the Protestation which the Members of this House made the third of May shall be forthwith Printed and the Copies printed brought to the Cleark of the said House to Attest under his hand to the end that the Knights Citizens and Burgesses may send them down to the Sheriffes and Justices of Peace of the severall Shires and to the Citizens and Burgesses of the severall Cities Boroughes and Cinque Ports respectively And the Knights Citizens and Burgesses are to intimate unto the Shires Cities and Boroughes and Cinque Ports with what willingnesse all the Members of this House made this Protestation And further to signifie that as they justifie the taking of it in themselves so the cannot but approve it in all such as shall take it A Preamble with the Protestation made by the whole House of Commons the third of May 1641. and assented unto by the Lords of the upper House the fourth of May last past WE the Knights Citizens and Burgesses of the Commons House in Parliament finding to the griefe of our hearts that the designes of the Priests and Jesuits and other adherents to the See of Rome have of late more boldly and frequently put in practice then formerly to the undermining and danger of the Ruine of the true reformed Religion in his Majesties Dominions established and finding also that there hath bin and having cause to suspect there still are even during the sitting in Parliament endeavours to subvert the fundamentall Lawes of England and Ireland and to introduce the exercise of an Arbitrary and tyrannicall government by most pernicious and wicked counsells practises plots and conspiracies and that the long intermision and unhappier breach of Parliaments hath occasioned many illegall Taxations whereupon the Subjects have beene prosecuted and grieved and that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of his Maiesties Dominions Jealousies raised and Fomented between the King and his people a Popish Armie leavied in Ireland and two Armies brought into the bowels of this Kingdome to the hazard of his Majesties Royall Person the Consumption of the Revenue of the Crown and the treasure of this Realme And lastly finding the great causes of Jealousie endeavours have beene and are used to bring the English Armie into mis-understanding of this Parliament thereby to encline that Armie by force to bring to passe those wicked counsells have therefore thought good to ioyn our selves in a Declaration of our united affections and resolutions and to make this ensuing Protestation The Protestation I A.B. Do in the presence of Almighty God promise vow and protest to maintain and defend as farre as lawfully I may with my life power and estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all popery and popish Innovation within this Realm contrary to the said Doctrine and according to the duty of my Allegiance I will maintain and defend his Majesties Royall Person Honor and Estate As also the power and priviledge of Parliaments the lawfull Rights and Liberties of the Subjects And every person that shall make this Protestation in whatsoever he shall do in the lawfull pursuance of the same and to my power as farre as lawfully I may I will oppose and by all good wayes and means endeavour to bring condigne punishment on all such as shall by force practice counsels plots conspiraces or otherwise do any thing to the contrary in this present protestation contained and further that I shall in all Just and Honorable wayes endeavour to preserve the union and peace betwixt the three Kingdoms of England Scotland and Ireland And neither for hope fear or any other respects shall relinquish this promise vow and Protestation The Bill of Attainder that passed against Thomas Earl of STAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of high Treason for endeavouring to subvert the Ancient and Fundamentall Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own authority commanded the laying and asseising of souldiers upon his Majesties Subjects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon papâ—r Petitions in causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levie Warre against the Kings Majesty and his liege people in that Kingdome And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsell and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the Warres between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incurre the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before
crime goes not beyond the person that commits it nor can anothers fault be mine offence If they have contracted any filth or corruption through their own or the vice of the times cleanse and purge them thorowly But still remember the great difference between reformation and extirpation And he pleased to think of your Triennall Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of vertue I have now my Lords according to my poor ability both shewed the conveniences and answered those inconveniences that seem to make against them I should now propose those that make for them As their falling into a condition worse than slaves not represented by any and then the dangers and inconveniences that may happen to your Lordships but I haue done this heretofore and will not offer your Lordships Grambenbis coctam A Speech in Parliament delivered by Mr. PEARD against the Oath Ex Officio 1640. Mr. SPEAKER I Assure my selfe we are here met to discover and reforme as much as in us lyeth all abuses of the Church and Common-wealth many and great ones have been spoken against some contrary to all Law and some established by new Lawes contrary to all Law The Wolfe having put on the Lions skinne and rapine presuming to passe undiscovered under the robe of Justice But I shall not neede to light a candle to search out that which already the sunne hath made manifest That which I shall speak hath not been spoken but if I shall speak that that shall seeme to be against Law I humbly crave the pardon of this House since if it be law it is summum jus Law without conscience That which I shall speake against is the Oath Ex Officio It is acknowledged by themselves that Administer this Oath that it is unjustly done to tender it to any man unlesse there be a publique Fame or particular Presentment or Articles testified against him I make no question but the practice of this confest Injunction wil be found cōmon amongst them And I hope it shal be severely censured since unjust proceedings upon unjust grounds are double Injustice I shall therefore leave that as a plaine case and examine their best grounds First Fame they say is a just cause for them to take Cognizance of a matter to proceed against it Fame we know may arise upon very small and groundlesse suspitions by secret whisperings creeping at first but quickly gets it wings And as the Poët saith Creseit eundo This is the manner of all Fame if this be Fame their Court shall never want worke as long as a Promooter hath an ill tongue or a knave can slander an honest man Therefore I thinke Fame no good ground to proceed upon If Fame be just what most men speake certainly some men will testifie No man will testifie it is false Let no accusation then stand but out of the mouthes of two or three witnesses of Presentments are a just ground of proceedings in all Courts and upon all causes But neither witnesses nor presentments are or can be a just ground of the Oath Ex officio For if the partie accused be examined no further then is testified then the Oath Ex Officio is superfluous If he be examined further or upon other matters then is testified then a man is made to betray himselfe which is unjust Mr. Speaker such is the Mercy of the Common Law that Murderers and Poysoners are not examined upon the rack but the Civill law upon every occasion racketh the Conscience These are the Lyme-twigs which were set to catch the poore Martyrs in Queene Maries daies And in our daies I dare beleeve it will appeare that some good men are fallen into this snare Mr. Speaker If the foundations faile what shall the buildings doe If the conformity of good men shall undoe them who shall stand I desire nothing but that evill men may suffer I desire the Law may punish not make offenders I desire that our words and actions at this time and at other times may be subject to the Law I would have thought free Mr. Speakers Letter to Sir Jacob Ashley SIR WEE have had cause to doubt that some ill affected persons have endeavoured to make a mis-understanding in the Army of the intentions of the Parliament towards them To take away all mistaking in that kinde the house of Commons have Commanded me to assure you that they have taken the affaires of the Army into their serious Care And though for the present their moneys have not come as they wished and as was due by reason of the many distractions and other Impediments which this House could no wayes avoid yet they rest most assured that they shall not onely have their full pay but the House will take their merits into their further consideration in regard they take notice that notwithstanding their want and endeavours of those ill-affected persons they have not demeaned themselves otherwise then as men of honor and well affected to the Common-wealth which this House takes in so good part that we have already found out a way to get money for a good part of their pay and will take the most speedy course we possibly may for the rest From my house at Charing-Crosse the 4th of this present Moneth of May. 1641. So I remain Your very Loving Friend SIR 'T is the pleasure of the House that this Letter be Communicated to the Army to the end their Intentions may be cleerly understood by them Sir BENJAMIN RUDYERDS Speech Tuesday the 29. Decem. Mr. SPEAKER THe principall part of this businesse is Moneys and now we are about it I shall be glad we may give so much as will not only serve the turn for the present but likewise to provide that it come not quick upon us againe I beleeve that the two subsidies are spent already Wee know how much time this businesse hath cost us if we be but halfe as long about another it may cost more then money For if two Armies should be driven to extreame necessitie and they will be Judges of their owne necessitie we shall not be able to sit here and give more though we would Believe it Sir this is the businesse of all the businesses in the House of all the businesses in the Kingdom If we stand hacking for a little money wee may very thriftily lose all we have this being a businesse of so peremptory and destructive a nature Wherefore Mr. Speaker my humble and earnest motion is that we may dispatch it fully and at once If there should be an overplus of money remaining wee can soone resolve how to dispose of it Foure subsidies will doe the worke if they be given presently for every day tells us that we are not so much Masters of our owne time and occasions as to doe nothing when we would Let us doe this whilest we may though I dwell not
more to offer unto you But this one compriseth many It is a neast of waspes or swarm of vermine which have over-crept the land I mean the Monopoles and Polers of the people These like the Frogs of Aegypt have gotten possession of our dwellings and have scarce a room free from them They sup in our Cup they dip in our Dish they sit by our fire we finde them in the Dy fat wash-boule and Poudering tub they share with the Butler in his box they have marked and sealed us from head to foot Mr. Speaker they will not bate us a Pin we may not buy our own Cloathes without their brokage These are the Leeches that have suckt the Common wealth so hard that it is almost become hecticall And Mr. Speaker some of these are ashamed of their right names they have a vizard to hide the brand made by that good law in the last Parliament of King James They shelter themselves under the name of a Corporation they make by-laws which serve their turns to squeese us and fill their purses unface these and they will prove as bad Cards as any in the pack These are not petty Chapmen but wholesale men Mr. Speaker I have ecchoed to you the cryes of the kingdome I will tell you their hopes they look to Heaven for a blessing upon this Parliament they hang upon his Majesties exemplary piety and great justice which renders his eares open to the just complaints of his Subjects we have had lately a gratious assurance of it they are the wise conduct of this whereby the other great affaires of the Kingdome and this our grievance of no lesse import And this may go hand in hand in preparation and resolution Then by the blessing of God we shall return home with an Olive branch in our mouths and full confirmations of the priviledges which we received from our Ancestors and ow to our posterity which every freeborn English man hath received with the aire he breathed in These are our hopes These are our prayers Mr. BAGSHAW his speech in Parliament 7 die Novemb. 1640. Mr Speaker I Had rather Act then speak in those weighty businesses of the Kingdome which have been so excellently handled by these foure worthy Gentlemen that spake last and therefore I shall be short For when I look upon the Body of this goodly and flourishing Kingdom in matters of Religion and of our laws For like Hippocrates Twins they live and dye together I say when I behold these in that state and plight as they have been represented to us Flere magis libet quam dicere But this is our comfort Mr. Speaker that we are all met together for the welfare and happinesse of Prince and People And who knows whether this may not be the appointed time wherein God will restore our Religion as at the first and our laws as at the beginning The honour of a King consisteth in the weale of his people this undoubted maxime his Majesty hath made good by his late gracious speech and promise to us to redresse all our grievances to destroy the enemies of our Peace and plenty To make a people rich they must have ease justice Ease in their Consciences from the bane of Superstition from the intolerable burthen of innovation in Religion and from the racks and tortures of strange and new fangled Oaths They must be eased in their persons being liberi homines and not Vilanes All illegall arrests and imprisonment against Magna Charta being our greatest liberties They must be eased in their lands from Forrest where never any Deer fed from depopulations where never any Farm was decayed and from inclosures where never any hedges were set But must lastly be eased in their goods from their exactions and expilations of Pursevants and Apparitors of Projectors and Monopolists Humanarum Calamitatum mercatores as an ancient finely calls them and if the people have all these easements yet if they have not Justice they cannot subsist justice is to the Civill body as food to the naturall If the streams of Justice be by unrighteousnesse turned into Gall and Wormword or by cruelty like the Aegyptian waters be turned into blood those which drink of these brooks must needs dy and perish The Law saith that all Justice is in the King who is stiled in our book Fons Justitiae and he commits it to his Judges for the execution wherein he trusts them with two of the chiefest flowers which belong to his crown The administration of his justice and the exposition of his laws but he will not trust them without an Oath required of them by the Statute of 18 E. 31. Which is so strict and severe that it made a Judge whom I know though honest and strict yet to quake and tremble at the very mention of it The effect of the Oath is that they should doe equall law and execution of right to all the Kings Subjects poore aswell as rich without regard of any person That they should not deny to doe common right to any man by the Kings letters and for any other cause And in case such letters do that they proceed to do come the law notwithstanding such letters or for any other causes as they will answer to the King in bodies goods and lands how this Oath hath been performed we have seen and felt I need say no more But when I cast mine eyes upon the inferiour Courts of Justice wherein no such oath is required I meane the High Commission and other Ecclesiasticall Courts my soule hath bled for the wrong pressures which I have observed to have been done and committed in these Courts against the Kings good people especially for the most monstrous abuse of the Oath Ex Officio which as it is now used I can call no other than Carnificina Conscientiae I have some reason to know this that have been an Attendant to the Court these five yeeres for my selfe and a deare friend of mine sometimes Knight of our Shire for a meer triviall businesse that the most that could be proved against him was the putting on his hat in the time of Sermon Of which Court I shall say more and make good what I say when those ulcers come to be opened Mr. Speaker I say these foure worthies that spake before me have told you of our miseries but I cannot tell you of the remedies For things are come to that height that I may say as Livy sayd of the Roman state in his time Nec Vitia nostra scire possumus neâ— Remedia for no Laws will now doe us good Better Laws could not have been made then the Stat. of Monopolies against Projectors and the Petition of right against the infringers of liberties and yet as if the Law had bin the Author of them there hath been within these few years more Monopolies and infringment of liberties than hath been in any age since the Conquest and if all those vile Harlets as Queen Elizabeth
price of moneys must rise and fall to fit their occasions we see this by raising the Exchange of Franckford and other places of their usuall time of the Marts This frequent and daily change in the Low-Countries of their moneys is no such injustice to any there as it would be here for there they being all Merchants or mechanicks they can rate accordingly their labour and their Ware whether it be Coyne or other merchandize to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongeth do so according to their just intrinsique valew of their forreign Coyn in all barter of commodities or Exchange except usance which we that are rated and tyed by the extrinsiques measure of moneys in all our constant reckonigs and annuall bargains at home cannot do And for us then to raise our Coyn at this time to equall their proportions were but to render our selves to a perpetuall incertainty for they will raise upon us daily them again which we of course shall follow else receive no profit by this present change and so destroy the Policie Justice honor and tranquilitie of our State for ever To the Right Honourable the Lord Deputy The â—â—mble and just Remonstrance of the Knights Cittizens and Burgesses in Parliament assembled SHewing that in all ages since the happy subjection of this Kingdome to the Imperiall Crowne of England it was and is a principall study and Princely care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast expence of treasure and blood That their loyall and dutifull people of this Land of Ireland beeing now for the most part derived from Brittish Ancestors should be governed according to the municipall and fundamentall Lawes of England That the statute of Magna Charta or the great Charter of the liberties of England and other laudable lawes and statutes were in severall Parliaments heere enacted and declared that by the means thereof of the most prudent benign government of his Majestie his Royall Progenitors this Kingdome was untill of late in its growth a flourishing estate whereby the said people were heretofore enabâ—ed to aâ—â—iver their humble and naturall desires to comply with his Majesties Princely and royall occasions by their free gift of 150. thousand pounds sterling and likewise by another free gift of 120. thousand pounds more during the government of the Lord Viscount Faulkland and after by the gift of 40. thousand pounds and their free and cheerefull gift of siâ—â— intire Subsidies in the tenth yeare of his Majesties Reignâ— which to comply with his Majesties then occasions signified to the then house of Commons they did allow should ammount in the Collections unto 2 hundred and fifty thousand pounds although as they confidently believe if the Subsidies had been levyed in a moderate Parliamentary way they would not have amounted to much more then halfe the sum aforesaid besides the foure intire Subsidies graunted in this present Parliament Soe it is may it please your Lordship by the occasion of insuing and other grievances and Innovations though to his Majesty no considerable profit this Kingdome is reduced to that extreame and universall poverty that the same is lesse able to pay 2 Subsidies then it was hertofore to satisfie all the before-recyted great payments his Majesties most faithfull people of the Land do conceive great fears that the said grievances and consequences thereof may be hereafter drawne into presidents to be perpetuated upon their posterity which in their great hopes and strong beliefe they are perswaded is contrary to his Royall and Princely intention towards his said people of which greivances are as followeth 1 First the generall apparant decay of Trades occasioned by the new and illegall raising of the booke of rates and impositions upon native and other Commodities exported and imported by reason whereof and of extreame usage and censures Merchants are beggered both and disinabled and discouraged to Trade and some of the honourable persons who gaine thereby often Iudges and parties And that in the conclusion his Majesties profit thereby is not considerably advanced 2. The arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lieutenant and Lord Deputy and infinite other Iudicatories upon references from them derived in the nature of all actions determinable at the Common Law not limited into certaine time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawfull fees by Secretaries Clarkes Pursivants Serjeants at Armes and otherwise by which kinde of proceedings his Majesty looseth a considerable part of his revenue upon originall writs and other wise and the Subject looseth the benefit of his writ of Error bill of reversall vouchees and other legall and just advantages and the ordinary course and Courts of Iustice declined 3. The proceedings in civill causes at Counsell board contrary to the Law and great Charter not limited to any certaine time or season 4 That the Subject is in all the materiall parts thereof denyed the benefit of the Princely graces and more especially of the statute of limitations of 21. of Iac. Graunted by his Majesty in the fourth yeare of his Raigne upon great advice of Counsell of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdome in open assizes whereby all persons doe take notice that contrary to his Majesties pious intentions his Subjects of this land have not enjoyed the benefit of his Majesties Princelie promise thereby made 5. The extrajudiciall avoyding of Letters Pattents of estates of a very great part of his Majesties subjects under the great Seale the publique faith of the Kingdome by private opinions delivered at the Counsell board without legall evictions of their estates contrary to the law and without president or example of any former age 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at every low rates and uttered at high and excessive rates by meanes whereof thousands of families within this Kingdome and of his Majesties Subjects in severall Ilands and other parts of the West Indies as your Petitioners are informed are destroyed and the most part of the coyn of this Kingdome is ingross ed into particular hands Insomuch as the petitioners do conceive that the proffit arising and engrossed thereby doth surmount his Majestyes revenue certain or cosuall within this Kingdome and yet his Majesty receiveth but very little profit by the same 7. The universall and unlawfull increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his people 8. The extream and cruell usage of certain late Commissioners and other stewards the Brittish Farmers and Inhabitants of the City and County of London Derry by meanes whereof the worthy Plantation of that Country is almost destroyed and the
God had endowed the Church of England with which God himself hath given by his Law unto the universall Church and in that which the Kings of England by their Charter have bequeathed to the particular Church of England and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himselfe against the Popes Supremacy usurped at that time over the Church of England for saith the King we will with hazard of life and losse of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God The Church of God then in England not being free according to the great Charter but in bondage and servitude to the See of Rome contrary to the Law of God the King judged it to stand highly with honour and his Oath to reform redresse and amend the abuses of the same See If then it might please our gracious Soveraign Lord King Charles that now is in Imitation of that his noble Progenitor to vouchsafe an abolishment of all Lordly Primacy executed by Archepiscopall and Episcopall authority over the Ministers of Christ his Highnesse in so doing could no more rightly be charged with the violation of the great Charter then might King Henry the eight with the banishment of the Popish Supremacy or then our late Soveraign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the Establishment of the Gospell Now if the Kings of England by reason of their Oath were so straitly tied to the words of the great Charter that they might not in any sort have disanulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church that then was supposed to be the Church of God in England then be like King Henry 8. might be attainted to have gone against the great Charter and against his Oath when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots Priers for by expresse words of the great Charter Abbots and Priers had as large and ample a Patent for their Rights and Liberties as our Archbishops and Bishops can at this day challenge for their Primacy If then the Rights and Liberties of the one as being against the Law of God be duely and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other having but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheaves for this is a Rule and Maxime in Gods laws that In omni Juramento semper excipitur authoritas majoris Unlesse then they be able to justifie by the holy scriptures that such Rights and Liberties as they pretend for their spirituall Primacy over the Ministers of Christ be in Deed and Truth inferred unto them by the holy law of God I suppose the Kings Highnesse as successor to Hen. 8. and as most just inheritour of the Crown of England by the words of the great Charter and by his Oath is bound utterly to abolish all Lordly Primacy as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill Custome My Lord DIGBIES Speech in Parliament 1640. Master Speaker THis happie meeting is to bemoane and redresse the unhappie State of this Common-wealth Let me have I beseech you your leave to give you in a word a short view of our griefes then see whence they flow Our Lawes our liberties our lives and which is the life of all our Religion all which have been by the endeavours of so many Ages secured and made so much our owne can scarce be called ours Our Lawes the only finews and ligeaments of our estates which should run in an even streame are now made to disdaine their bancks and to overflow and drown their fields which they should gently redresse our liberties the very spirit and essence of our weale which should differ us from slaves and speake us English-men are held away by them that even whiles they take them from us cannot but confesse they are our proper dues Are not our lives in danger when an enemy disguised like a friend provoked is as it were suffered because indirectly and in vaine resisted to come almost into our bosomes to rifle some of their goods others of their loyalty which perhaps they could not neither would have touched might we with united force have resisted And lastly which is the soule of all our grievances our Religion which should have beene our Cordiall in all our distempers like a forced Virgin laments ever that her pure innocencie is taken from her and sure all these effects must have their causes That we have just and wise Lawes we may thanke those good Kings that made them the settled exposition of just circumscribed Lawes to binde and defend the Subject That they are so well framed and usefud and to containe enough to make a good King and people be perfect be safe and happie What do we owe to these grave Councellors who sate here before us and that they out-live the malice of some unbounded spirits we are beholding to them that Reprieved them from ruine with their lives and fortunes we call them ours because we are freely born to them as to the Ayre we breath in we claime them and should possesse them under the Protection of our gracious King who is their great Patron and disposes them not inconsiderately but by the advice of those learned expositors of the Lawes the Judges and those whom he trusts to be his great and faithfull Councellors If those pervert the ground and meaning of the Law and contract â—he power of it or make it speake lowder or softer as they themselves are tuned for it the blame should deservedly fall on those mistrusted ministers who are the base betrayers of his Majesties honor and his Peoples right to vindicate which necessitie hath here assembled you Mr. Speaker Is not this offence and m lice as great who should undermine my Tenour and surruptiously deprive me of my evidence by which I held my Inheritance as he who by violence should wrest it from me The Scots we have heard branded as Traytors because they have contrary to the law of Nations and their loyaltie invaded our Kingdome in Arms what other title have they merited who have invaded our Lawes and liberties the precious evidence by which we should freely enjoy our selves and our estates The first we may resist and drive forth by united force and it will be called pietie to the King and Countrie if force be lay'd against the other it will be stiled Rebellion What now remaines but that we should use the Law which because it hath beene inverted and turned against us contrary to its owne naturall and plaine disposition should now right us and it self against our Adversaries Surely the Law is not so weak and improvident to take care for others and never provide
the State may upon great reason thinke fit to alter Besides the bottomelesse perjury of an c. Besides all this Mr. Speaker men must sweare that they sweare freely and voluntarily what they are compelled unto and lastly that they sweare that Oath in the literall sence whereof no two of the makers themselves that I have heard of could never agree in the understanding In a word Mr. Speaker to tell you my opinion of this Oath it is a Covenant against the King for Bishops and the Hierarchy as the Scottish Covenants is against them onely so much worse then the Scottish as they admit not of the Supremacy in Ecclesiasticall affaires and we are sworne unto it Now Mr. Speaker for those particular heads of grievances whereby our Estates and Properties are so radically invaded I suppose as I sayd before that it is no season now to enter into a strict Discussion of them onely thus much I shall say of them with application to the Countrey for which I serve that none can more justly complaine since none can more justly challenge exemption from such burdens then Dorset shire whether you consider its a Countrey subsisting much by Trade or as none of the most populous or as exposed as much as any to Forraigne Invasion But alas Mr. Speaker particular lamentations are hardly distinguishable in Vniversall groanes Mr. Speaker it hath beene a Metaphor frequent in Parlamant and if my memory fayle me not was made use of in the Lord Keepers Speech at the opening of the last that what mony Kings raysed from their Subjects they were But as Vapors drawn up from the Earth by the Sunne to bee distilled upon it againe in fructifying showers The Comparison Mr. Speaker hath held of late yeares in this Kingdome too unluckily what hath bin raised from the Subject by those violent attractions hath beene formed it is true into Clouds but how to darken the Sunnes owne lustre and hath fallen againe upon the Land only in Hail-stones and Mildews to batter and prost rate still more and more our liberties to blast and wither our affections had the latter of these beene still kept alive by our Kings owne personall vertues which wil ever preserve him in spight of all ill Counsellours a sacred object both of our admiration and loves Mr. Speaker It hath beene often sayd in this House and I thinke can never be too often repeated That the Kings of England can do no wrong but thogh they could Mr. Speaker yet Princes have no part in the ill of those actions which their Judges assure them to be just their Counsellours that they are prudent and their Divines that they are conscientious This Consideration M. Speaker leadeth mee to that which is more necessary farre at this season than any farther laying open of our miseries that is the way to the remedy by seeking to remove from our Soveraign such unjust Judges such pernicious Counsellours and such disconscient Divines as have of late yeares by their wicked practises provoked aspersions upon the government of the graciousest and best of Kings Mr. Speaker let me not be mis-understood I levell at no man with a fore-layd designe let the faults and and those well proved lead us to the men It is the onely true Parliamentary method and the onely fit one to incline our Soveraigne For it can no more consist with a gracious and righteous Prince to expose his servants upon irregular prejudices then with a wise Prince to with hold Malefactors how great soever from the course of orderly justice Let me acquaint you M. Speaker with an Aphorisme in Hippocrates no lesse Authenticke I thinke in the body Politicke then in the Naturall Thus it is Mr. Speaker Bodies to be throughly and effectually purged must have their Humors first made fluid and mâ—oveable The Humours that I understand to have caused all the desperate maladies of this Nation are the ill Minister To purge them away clearely they must be first loosened unsetled and extenuated which can no way bee effected with a gracious Master but by truely representing them unworthy of his protection And this leadeth mee to my Motion which is that a select Committee may bee appointed to draw out of all that hath beene heere represented such a Remonstrance as may be a faithfull and lively representation unto his Majesty of the deplorable estate of this his Kingdome and such as may happily point out unto his cleare and excellent judgment the pernicious Authors of it And that this Remonstrance being drawne wee may with all speed repaire to the Lords and desire them to joyne with with us in it And this is my humble motion THE LORD DIGBIES SPEECH IN THE HOVSE OF Commons to the Bill for trienniall Parliaments Janu. 19. 1640. Mr. Speaker I Rise not now with an intent to speake to the frame and structure of this Bill nor much by way of answer to objections that may be made I hope there will be no occasion of that but that we shall concurre all unanimously in what concerneth all so Universally Onely Sir by way of preparation to the end that we may not be discouraged in this great worke by difficulties that may appeare in the way of it I shall deliver unto you my apprehensions in generall of the vast importance and necessity that wee should goe thorow with it The Result of my sense is in short this That unlesse for the frequent convening of Parliaments there be some such course setled as may not be eluded neyther the people can be prosperous and secure not the King himselfe solidly happy I take this to be the Vnum necessarium Let us procure this and all our other desires will effect themselves if this bill miscarry I shall have left me no publike hopes and once past I shall be freed of all publike feares The essentialnesse Sir of frequent Parliaments to the happinesse of this Kingdome might be inferr'd unto you by the reason of contraries from the wofull experience which former times have had of the mischievous effects of any long intermission of them But Mr. Speaker why should we clime higher then the levell we are on or thinke further then our owne Horizon or have recourse for examples in this busines to any other promptuary then our owne memories nay then the experience almost of the youngest here The reflection backward on the distractions of former times upon intermission of Parliament and the consideration forward of the mischiefes likely still to grow from the same cause if not remooved doubtlesly gave first life and being to those two dormant Statutes of Edward the third for the yearly holding of Parliament And shall not the fresh and bleeding experience in the present age of miseries from the same spring not to be paralleld in any other obtaine a wakening a resurrection for them The Intestine distempers Sir of former ages upon the want of Parliaments may appeare to have had some other cooperative causes as sometimes
unsuccessefull Warres abroad sometimes the absence of the Prince sometimes Competitions of Titles to the Crowne somtimes perhaps the vices of the King himselfe But let us but rightly weigh and consider the posture the aspect of this state both toward it selfe and the rest of the world the person of our Soveraigne and the nature of our suffering since the third of his Reigne And there can be no cause coulorable inventible wherunto to attribute them but the intermission or which is worse the undue frustration of Parliament by the unluckly use if not abuse of Prerogative in the dissolving them Take in your view Gentlemen a State in a state of the greatest quiet and security that can be fancied not only in joyning the calmest peace it selfe but to improve and secure its happy condition all the rest of the world at the same time in Tempest in Combustions in uncomposable Warres Take into your view Sir a King Soveraigne to three Kingdomes by a Concentring of all the Royall lines in his Person as undisputably as any Mathematical ones in Euclide A King firme and knowing in his Religion eminent in vertue A King that had in his owne time given all the Rights and Liberties of his Subjects a more cleare and ample confirmation freely and graciously then any of his Predecessors when the people had them at advantage extortedly I meane in the Petition of Right This is one Mappe of England Mr. Speaker A man Sir that should present unto you now a Kingdome groaning under that supreme Law which Salus populi periclitata would enact The liberty the property of the Subject fundamentally subverted ravisht away by the violence of a pretended necessity a triple Crown shaking with distempers men of the best conscience ready to fly into the wildernesse for Religion Would not one sweare that this were the Antipodes to the other yet let me tell you Mr. Speaker this is a Mappe of England too and both at the same time true As it cannot bee denyed Mr. Speaker that since the Conquest there hath not been in this Kingdome a fuller concurrance of all circumstances in the former Caracter to have made a Kingdom happy then for these 12. yeares last past so it is most certaine that there hath not beene in all that deduction of ages such a Conspiracie if one may so say of all the Elements of mischiefe thein second Character to bring a flourishing Kingdom if it were possible to swift ruine and desolation I will be bold to say Mr. Speaker and I thanke God wee have so good a King under whom wee may speake boldly of the abuse by ill Ministers without reflection upon his person That an Accumulation of all the publike Grievances since Magna Carta one upon another unto that houre in which the Petition of Right past into an act of Parliament would not amount to so oppressive I am sure not to so destructive a height and magnitude to the rights and property of the Subject as one branch of our beslaving since the Petition of Right The branch I mean is the judgment concerning ship-money This beeing a true representation of England in both aspects Let him Mr. Speaker that for the unmatcht oppression and enthralling of free Subjects in a time of the best Kings raigne and in memory of the best lawes enacted in favour of Subjects liberty can find a truer Cause then the ruptures and intermission of Parliaments Let him and him alone be against the setling of this inevitable way for the frequent holding of them 'T is true Sir wicked Ministers have beene the proximate causes of our miseries but the want of Parliaments the primary the efficient Cause Ill Ministers have made ill times but that Sir hath made ill Ministers I have read among the Lawes of the Athenians a form of recourse in their Oaths and vows of greatest most publique concernment of a three-fold Deity Supplicium Exauditori Purgatori Malorum depulsori I doubt not but we here assembled for the Common-wealth in this Parliament shall meet with all these Attributes in our Soveraigne I make no question but he will graciously heare our Supplications purge away our Grievances and expell Malefactors that is remove ill Ministers and put good in their places No lesse can be expected from his wisdome and goodnesse But let me tell you Mr. Speaker if we partake not of one Attribute more in him if we addresse not our selves unto that I meane Bonorum Conservatori we can have no solid no durable Comfort in all the rest Let his Majesty heare our Complaint never so Compassionately Let him purge away our Grievances never so efficaciously Let him punish and dispell ill Ministers never so exemplarily Let him make choyce of good ones never so exactly If there be not a way setled to preserve and keepe them good the mischiefes and they will all grow again like Sampsons Locks and pull downe the House upon our heads Beleeve it M. Speaker they will It hath been a Maxime amongst the wisest Legislators that whosoever meanes to settle good Lawes must proceed in them with a sinister opinion of all Mankinde and suppose that whosoever is not wicked it is for want only of the opportunity It is that opportunity of being ill Mr. Speaker that wee must take away if ever wee meane to be happy which can never be done but by the frequencie of Parliaments No state can wisely be confident of any publique Ministers continuing good longer then the rod is over him Let me appeale to all those that were present in this House at the agitation of the Petition of Right And let them tell themselves truly of whose promotion to the management of affaires doe they thinke the generality would at that time have had better hopes then of Mr. Noy and Sir Thomas Wentworth both having beene at that time and in that businesse as I have heard most keen and active Patriots and the latter of them to the eternall aggravation of his Infamous treachery to the Common-wealth be it spoken the first mover and insister to have this clause added to the Petition of Right that for the comfort and safety of his Subjects his Majesty would be pleased to declare his will and pleasure that all his Ministers should serve him according to the Lawes and Statutes of the Realme And yet Mr. Speaker to whom now can all the inundations upon our liberties under pretence of Law and the late shipwrack at once of all our property be attributed more then to Noy and those and all other mischiefes whereby this Monarchie hath beene brought almost to the brinke of destruction so much to any as to that Grand Apostate to the Common-wealth the now Lieutenant of Ireland The first I hope God hath forgiven in the other world and the latter must not hope to be pardoned in this till he be dispatcht to the other Let every man but consider those men as once they were The excellent Law for the
would scarce remunerat the iniuries repay the losses of this suffering Nation since the pronouncing of that fatall sentence What proportionable satisfaction then can this Common-wealth receive in the punishment of a few inconsiderable Delinquents But 't is a Rule valid in Law approved in equity that Qui non habent in crumen Luant in Corpore And 't is without all question in policy exemplar punishments conduce more to the safety of a State than pecuniary reparations Hope of impunity lulls every bad-great-officer into security for his time and who would not venture to raise a Fortune when the allurements of honour and wealth are so prevalent if the worst is can fall be but Restitution We see the bad effects of this bold-erroneous opinion what was at first but corrupt Law by encouragement taken from their impunity is since become false Doctrine the people taught in Pulpits they have no property Kings instructed in that destructive principle that all is theirs and is thence deduc'd into necessary state-policy whispered in counsell That he is no Monarch who is bounded by any Law By which bad consequences the best of Kings hath bin by the infusion of such poysonous positions diverted from the sweet inclinations of his own Naturall Equity and Justice the very essence of a King taken from him which is preservation of his people and whereas Salus populi is or should be Suprema Lex the power of undoing us is masqu'd under the stile of what should be Sacred Royall Prerogative And is it not high time for us to make examples of the first authors of this subverted Law bad Counsell worse Doctrine Let no man think to divert us from the pursuit of Iustice by poysoning the clear streams of our affections with jealous sears of his Majesties Interruption if we look too high Shall we therefore doubt of Iustice because we have need of great Justice We may be confident the King well knows That his Iustice is the Band of our Allegiance That 't is the staffe the proof of his Soveraignty 'T is a happy assurance of his intentions of grace to us that our loyalty hath at last won him to tender the safety of his people and certainly all our pressures weighed this 12 yeers last past it will be found the passive loyalty of this suffering Nation hath our-done the active duty of all Times and Stories As the Poet hath it fortiter ille facit qui miser esse potest I may as properly say Fideliter fecimus we have done loyally to suffer so patiently Then since our Royall Lord hath in mercy visited us let us not doubt but in his Justice he will redeem his people Qui timidè rogat docet negare But when Religion is innovated our Liberties violated our Fundamentall Laws abrogated our modern Laws already obsoleted the propriety of our Estates alienated Nothing left us we can call our own but our misery and our patience if ever any Nation might iustifiably this certainly may now now most properly most seasonably cry out and cry aloud vel Sacra Regnet Iustitia vel Ruat Coelum Mr. Speaker the summe of my humble motion is that a speciall Committee may be appointed to examine the whole carriage of that Extraiudiciall iudgement Who were the Counsellors Soliciters and subscribers to the same the reasons of their Subscription whether according to their opinions by importunity or pressure of others whether proforma tantum And upon report thereof to draw up a charge against the guilty and then Lex Currat Fiat Iustitia A brief Discourse concerning the power of the Peers and Commons of Parliament in point of Iudjcature SIR to give you as short an account of your desires as I can I must crave leave to lay you as a ground the frame or first modell of this State When after the period of the Saxon time Harold had lifted himself into the Royall Seat the Great men to whom but lately he was no more equall either in fortune or power disdaining this act of arrogancy called in William then Duke of Normandy a Prince more active than any in these Western parts and renowned for many victories he had fortunately atchieved against the French King then the most potent Monarch in Europe This Duke led along with him to this work of glory many of the younger sons of the best families of Normandy Picardy and Flanders who as undertakers accompanied the undertaking of this fortunate man The Usurper slain and the Crown by war gained to secure certain to his posterity what he had so suddenly gotten he shared out his purchase retaining in each County a portion to support the Dignity Soveraign which was styled Demenia Regni now the ancient Demeans and assigning to others his adventures such portions as suited to himself dependancy of their personall service except such Lands as in free Almes were the portion of the Church these were styled Barones Regis the Kings immediate Freeholders for the word Baro imported then no more As the King to these so these to their followers subdivided part of their shares into Knights fees and their Tenants were called Barones Comites or the like for we finde as in the Kings Writ in their Writs Baronibus suis Francois Anglois the Soveraigne gifts for the most part extending to whole Counties or Hundreds an Earl being Lord of the one and a Baron of the inferiour donations to Lords of Town-ships or Mannors And thus the Land so was all course of Iudicature divided even from the meanest to the highest portion each severall had his Court of Law preserving still the Mannor of our Ancestors the Saxons who jura per pages reddebant and these are still tearmed Court-Barons or the Freeholders Court twelve usually in number who with the Thame or chief Lord were Iudges The Hundred was next where the Hundredus or Aldermanus Lord of the Hundred with the chief Lord of each Township within their limits iudged Gods people observed this form in the publike Centureonis decam Judicabant plebem omni tempore The County or Generale placitum was the next this was so to supply the defect or remedy the corruption of the inferiour Vbi Curiae Dominorum probantur defecisse pertinet ad vice comitem Provinciarum the Iudges here were Comites vice comites Barones Comitatus qui liberas in hoc terras babeant The last and supreme and proper to our question was generale placitum apud London universalis Synodus in Charters of the Conquerour Capitalis curia by Glanvile Magnum Commune consilium coram Rege magnatibus suis In the Rolles of Henry the 3. It is not stative but summoned by Proclamation Edicitur generale placitum apud London saith the book of Abingdon whether Epium Duces principes Satrapae Rectores Causidici ex omni parte confluxerunt ad istam curiam saith Glanvile Causes were referred Propter aliquam dubitationem quae emergit in comitatu cum
Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winchester transferre his suit against Leostine from the County ad generale placitum in the time of King Etheldred Queen Edgine against Goda from the County appealed to King Etheldred at London Congregatis principibus sapientibus Angliae a suit between the Bishops of Winchester and Durham in the time of Saint Edward Coram Episcopis principibus Regni inpresentia Regis ventilate finita In the tenth yeer of the Conqueror Episcopi Comites Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis tractandis Convocati saith the book of Westminster And this continued all along in the succeeding Kings raigne untill towards the end of Henry the third AS this great Court or Councell consisting of the King and Barons ruled the great affairs of State and controlled all inferiour Courts so were there certain Officers whose transcendent power seemed to be set to bound in the execution of Princes wills as the Steward Constable and Marshall fixed upon Families in Fee for many ages They as Tribunes of the people or explori among the Athenians grown by unmanly courage fearfull to Monarchy fell at the feet and mercie of the King when the daring Earle of Leicester was slain at Evesham This chance and the deare experience H the 3. himselfe had made at the Parliament at Oxford in the 40. yeare of his Raign and the memory of the many straights his Father was driven unto especially at Rumny-mead neere Stanes brought this King wisely to begin what his Successour fortunately finished in lessoning the strength and power of his great Lords and this was wrought by searching into the Regality they had usurped over their peculiar Soveraigns whereby they were as the booke of St. Albans termeth them Quot Domini tot Tiranni And by the weakning that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that great Councell Now began the frequent sending of Writs to the Commons their assent not only used in money charge and making Lawes for before all ordinances passed by the King and Peeres but their consent in judgements of all natures whether civill or criminall In proofe-whereof I will produce some few succeeding Presidents out of Record When Adamor that proud Prelate of Winchester the Kings half brother had grieved the State by his daring power Liber S. Alban fol. 20.7 An 44. H. 3. he was exiled by joynt sentence of the King the Lords and Commons and this appeareth expressely by the Letter sent to Pope Alexander the fourth expostulating a revocation of him from banishment because be was a Church-man and so not subject to any censure in this the answer is Si Dominus Rex Regnimajores hoc vellent meaning his revocation Communit as tamen ipsius ingressum in Angliam jam nullatenus sustineret The Peers subsign this answer with their names and Petrus de Mountford vice totius Communitatis as Speaker or Proctor of the Commons For by that stile Sir John Tiptofe Prolocutor Charta orig sub figil An. 8. H. 4. affirmeth under his Arms the Deed of Intaile of the Crowns by King Henry the 4. in the 8. year of his Raign for all the Commons The banishment of the two Spencers in the 15. of Edward the second Prelati Comites Barones les autres Peeres de la terre Communes de Roialme give consent and sentence to the revocation and reversement of the former sentence the Lords and Commons accord and so it is expressed in the Roll. In the first of Edw. the 3. when Elizabeth the widdow of Sir John de Burgo complained in Parliament Rot. Parl. 15. E. 3 vel 2. that Hugh Spencer the younger Robert Boldock and William Cliffe his instruments had by duresse forced to make a Writing to the King wherby she was dispoyled of all her inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones autres grandes a tout Cominalte de la terre que le dit escript est fait contre ley tout manere de raison si fuist le det escript per agard del Parliam dampue elloquens al livre a ladit Eliz. In An. 4. Edw. 3. it appeareth by a Letter to the Pope Prelâ— Parliam 1. Ed. 3. Rot. 11 that to the sentence given against the Earle of Kent the Commons were parties as well as the Lords and Peeres for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super his discernerent judicarent quod rationi justitiae conveniret habere prae oculis solum Deum qui eum concordi unanimi sententia tanquam reum criminis laesae Majestatis morti adjudicarent ejus sententia c. When in the 50 yeere of Edw. 3. the Lords had pronounced the sentence against Richard Lions Parl An. 5. Edw. 3. otherwise then the Commons agreed they appealed to the King and had redresse and the sentence entred to their desires When in the first yeere of Richard the second William Weston Parl. An. 1. Rich. 2 11 3.8 3.5 and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum annexed to that Record In the first of Hen. the 4. although the Commons refer by protestation the pronouncing of the sentence of deposition against King Rich. the 2. unto the Lords yet are they equally interessed in it as it appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one B. one Abbot one E. one Baron and 2. Knights Gray and Erpingham for the Commons and to infer that because the Lords pronounced the sentence the point of judgement should be only theirs were as absurd as to conclude that no authority was best in any other Commissioner of Oyer and Terminer then in the person of that man solely that speaketh the sentence In 2. Hen. 5. the Petition of the Commons importeth no lesse than a right they had to act and assent to all things in Parliament Rot. Parl. An. 2. H 6. and so it is answered by the King and had not the adjourned Roll of the higher House beene left to the sole entry of the Clark of the upper House who either out of the neglect to observe due forme or out of purpose to obscure the Commons right and to flatter the power of those who immediately served there would have been frequent examples of all times to cleere this doubt and to preserve a just interest to the Common-wealth and how conveniently it suites with Monarchy to maintaine this forme lest others of that well framed bodie knit under one