Lordships Yesterday morning finding a Multitude in the Palace-Yard did make an Order and declared it to Ten of the principal Persons of them in the open House of Parliament That the House of Commons being the Representative Body of the Commons of this Kingdom who had brought in the Bill against the Earl of Strafford their Lordships thought fit to let them know that their Lordships are going on to the final Conclusion of the great business concerning the Earl but are so compassed with Multitudes that their Lordships may be conceived not to be free unless these Companies of People be sent home whose flocking hither doth only hinder their Lordships from going on to conclude that great business And therefore their Lordships desire them to consider with their Lordships how this business of such Importance may be first expedited and not interrupted by the concourse of such numbers of People the business having no other hindrance but their Concourse about both Houses in this manner But the Commons had occasion for the Tumults and they were not to be discouraged and therefore instead of an Answer they at another Conference present them with the Protestation of which before Tuesday May the 4th Amidst all these concerns of greater Moment the Faction was still at leizure not only to affright their Enemies but to encourage their Friends For on the one side on Tuesday the 4th of May these Votes Passed in favour of John Lilburn the great and avowed Enemy of Episcopacy for which he had been Sentenced in the Star-Chamber and upon Mr. Rouse's reporting of his Case to the House Resolved c. Votes in favour of John Lilburn That the Sentence in the Star-Chamber given against John Lilburn is illegal and against the Liberty of the Subject and also bloody wicked cruel barbarous and tyrannical Resolved c. That Reparation ought to be given to Mr. John Lilburn for his Imprisonment suffering and loss susteined by that illegal Sentence And on the other side that they might bring the Bishops under the Popular Odium Mr. William Thomas in a long and studied Speech which was afterwards Printed and Published endeavoured to blacken the whole Order to that Degree that they might not appear fit to continue Members of Parliament or indeed fit to live for having got a tast of the Blood of Strafford they were now meditating how to make the Ax tast of the Blood of the Archbishop of Canterbury whom the Presbyterians and other Sectaries esteemed one of their greatest Enemies The Speech as I find it Printed is as follows I Have formerly spoken of the present Church Government Mr. William Thomas his Speech against Bishops May the 4th 1641. by Archbishops Bishops c. Declaring the corruption and unsoundness thereof and how far degenerate if not contrary to the pure Primitive Apostolical Institution also I have touched a little of the other parts as how unlawful it was for them to intermeddle in Temporal Affairs to use Civil Power or to Sit as Judges in any Court much less in the Court of Parliament where they pass Censure and Judgment not only of our Lives and Liberties but on the Estates and Inheritance and Blood as of us so of our posterity And as this is unlawful by the Divine Law so by the Canons of the Church yea of this Church and Acts of Parliament of this Realm whereof I shall further enlarge my self in my ensuing discourse so hath their Sitting there been prejudicial and obnoxious to Kings and Subjects Now I desire briefly to declare when and how the Bishops came to be Members in the Parliaments in the House of the Lords and by what means they continued their Sitting there because prescription is much insisted upon Although long usage as King James truly delivereth confirmeth no Right if unlawful originally or at convenient times interrupted And whereas it hath been demanded why the first of our Reasons viz. That it hindereth Ecclesiastical Vocation was not urged 600 years ago I answer there was then no cause for the first beginning of Parliaments was not 74 years after But if this had been delivered of the lawfulness and conveniency of their intermedling in Temporal Affairs I should have replyed that it hath been declared not only 600 but 1600 years ago and in each Century since But supposing and granting that it was meant of such Parliaments as were before the Conquest you shall find that above Six Hundred years ago the Prelates are charged by their intermedling in secular Affairs to neglect the Office of Episcopal Function For this we read Hollingshead the Clergy were altogether unlearned wanton and vitious for the Prelates altogether neglected the Office of Episcopal Function which was to tender the Affairs of the Church and to feed the Flock of Christ lived themselves Idle and Covetous addicted wholly to the Pomp of the World and voluptuous Life little caring for the Churches and Souls committed to their charge And if any saith Higden told them that their lives ought to be holy Rand. Higden Policron lib. 6. cap. 74. and their conversation without covetousness according to the sacred Prescript and virtuous example of their Elders they would scoffingly put them off with a Nunc aliud tempus alii pro tempore mores Thus saith he they plained the roughness of their doings with the smoothness of their Answers Briefly they were so loose and riotous saith Gervasius of Canterbury they fell so fast to commit wickedness Gervasius Dorobernensis as to be ignorant of sinful Crimes was then held to be a great Crime it self And the Clergy saith Malmesbury contenting themselves with trivial Literature William Malmsbury could scarcely hack and hew out the words of the Sacrament Robert was then Archbishop of Canterbury who instigated King Edward the Confessor against his Mother Queen Emma charging her with incontinency with Alwyn Bishop of Winchester observe how one Locust stings another William Malmsbury which she washt away and cleared her self of by a sharp Tryal of Fire Candentis Ferri being put according to the Law Ordalium to clear her self by passing Nine Plough-shares glowing red hot bare-footed and blind-folded which she did without hurt And as this Bishop had charged the Queen his Mother with incontinence so did he likewise the Queen his Wife Edith or Egith with Adultery but no less untruly and unjustly then malitiously and enviously as saith Malmesbury she being a Lady incomparable as for Beauty so for Virtue in whose Breast there was a School of all Liberal Sciences And the like testifies Ingulphus that had often Conference with her that as she was Beautiful and excellent well Learned so in her demeanor and whole course of Life a Virgin most Chast humble and unfeignedly holy mild modest faithful and innocent not ever hurtful to any And do we not read that about the Year 1040 that Bishop Alfred had his Hand deep in the Murder of Prince Alfred who having his Eyes
France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the Jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the Jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is Tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traytor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgment I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6 My Lord of Strafford hath offended against both the Kingdoms and is guilty of High-Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the Fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away England is but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if his Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Judges they shall not proceed to Judgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the Jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings Death Levying War Counterfeiting the Money or Great-Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary Inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. Cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 There be two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quoties the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen Mary Cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or Declarat on of Treason and no others And further provides That no pains of Death penalties or forfeiture in any wise shall ensue for Committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others
time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested against it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majesties great Piety he did publickly express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High-Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the Memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding May his and all the Innocent Blood that was shed after it for ever sleep and not like the Souls under the Altar call out Quousque Domine crying for Vengeance upon this Nation The Poets of the Age were not wanting to Embalm the Memory of so great a Mecaenas with Elegies and Epitaphs though such was the little Envy of his Enemies that they did not only suppress but punish the Printers and Publishers of them one Holmer being clapt up in the Gate-House by a Vote of the Commons for Printing Scandalous Verses upon the Earl of Strafford Among the rest Cleveland then great in Reputation bestowed these 2 Epitaphs upon this Noble Earl Epitaph upon the Earl of Strafford HEre lies Wise and Valiant Dust Huddled up 'twixt fit and just Strafford who was hurried hence 'Twixt Treason and Convenience He spent his time here in a Mist A Papist yet a Calvinist His Princes nearest Joy and Grief He had yet wanted all Relief The Prop and Ruin of the State The Peoples violent Love and Hate One in extremes lov'd and abhorr'd Riddles lye here And in a word Here lies Blood and let it lye Speechless still and never cry Epitaphium Thomae Comitis Straffordii c. EXurge Cinis tuumque solus qui potis es scribe Epitaphium Nequit Wentworthi non esse facundus vel Cinis Effare marmor quem cepisti comprehendere Macte exprimere Candidius meretur Vrna quam quod rubris Notatum est literis Eloquium Atlas Regiminis Monarchici hic jacet lassus Secunda Orbis Britannici Intelligentia Rex Politiae Prorex Hiberniae Straffordii Virtutum Comes Mens Jovis Mercurii ingenium lingua Apollinis Cui Anglia Hiberniam debuit seipsam Hibernia Sydus Aquilonicum quo sub rubicunda vespera occidente Nox simul dies visa est dextroque oculo flevit laevoque laetata est Anglia Theatrum Honoris itemque scena calamitosa Virtutis Actoribus morbo morte invidia Quae ternis animosa Regnis non vicit tamen Sed oppressit Sic inclinavit Heros non minus caput Belluae vel sic multorum Capitum Merces furoris Scotici praeter pecunias Erubuit ut tetegit securis Similem quippe nunquam degustavit vanguinem Monstrum narro fuit tam infensus legibus Vt prius legem quam nata foret violavit Hunc tamen non sustulit lex Verùm necessitas non habens legem Abi Viator Caetera memorabunt posteri Which for their sakes who understand not the Language I have thus Translated into English though not without loss to many of those Beauties and Graces which are so peculiar to the Latin as not to be expressed in our Language An Epitaph upon Thomas Earl of Strafford c. Rise Noble Dust Thou only canst unto thy self be just Write thine own Epitaph speak thy wonted sence Great Wentworth's Ashes can't want Eloquence Although his Innocence deserves an Elegy Whiter then Redstreak Marble can supply Yet weeping Marble tell Who does beneath thee dwell The Atlas of Monarchique State lies here The second Mover of Great Britains Sphere The King of Politiques Irelands Deputy And in a word Of Strafford and of Virtue the Illustrious Lord Does underneath this Marble breathless lye The mighty Jove did his great mind bestow and nimble Mercury his Wit Apollo on his Tongue did sit Ireland her self Englandto him did Irelandowe Bright Northern Star When in a Bloody Cloud he set Night and Day together met England did seem of her right Eye bereft To weep and laugh untowardly with what was left The Scene of Honour and the fatal Stage Of Virtuous and Distressed Innocence The Actors Envy and Three Kingdoms rage against them what Defence Opprest but yet not overcome he stood Vnconquered still and met the Rolling Flood Thus the Illustrious Hero bow'd For such he was at least He bow'd his Noble Head unto the Beast Of many Heads the Croud Into the Bargain thrown Of ready Money then paid down To Scottish Traytors to Invade the Crown The blushing Ax amazed stood It nere before had drunk such Blood A wonderous thing I tell Illustrious Strafford fell Obnoxious to the Law strange Crime Before the Law was made to punish him How Strafford dy'd then would you know Lawless Necessity gave the Fatal blow Pass on O Traveller wee 'd best Here leave him and Posterity to weep the Rest It will possibly be some satisfaction to the Curiosity of the Reader to see those Papers of Sir Henry Vane's which seem to have been of such considerable import as to have cast the Beam in the Fate of this great Person and indeed I had done it in its proper place had those Papers then come to my hands but however better late then not at all and if they contribute to the satisfaction of the Inquisitive they are to ow the Obligation as upon all occasions I shall do to the kindness of the Right Honourable Sir Francis North Late Lord Chief Justice of the Common-Pleas and now Lord-Keeper of the Great Seal of England who was pleased to furnish me with a Transcript of some Memoirs of the late Earl of Manchester's the Originals being written with the said Earls own
Authors of our miseries is the Bishops and their Adherents favourers of the Romish and Arminian faction that have with a high hand and stretched out Arm in their several places of Power and Jurisdiction both spiritual and temporal exercised crueâ—â—â— and tyranny over the Children and Saints of God binding the Consciences of free Subjects only to their opinions and commands in the Exercise of their Religion with extremity and greatest severity inflicting punishment upon those of tender Consciences that shall refuse the same enjoyning all of the Clergy under their Authority to teach only such things as may serve only to the defence and maintenance of their devised doctrines and Tenents of their superiours preaching the same out of Fear not Conscience these corrupt Bishops Lords over their brethren and fellow servants in the Administration of the Mysteries of Salvation have been the prime Authors of all the troubles we are now incumbred withal I speak not Master Speaker altogether against their persons but even their Offices and Places of authority as now they are used contrary to the true intent of the Apostles in the first admitting of the ordination of Bishops in these particulars as I under favour conceive First their denomination and style Lord Bishops we find not any where allowed nay not named in Scripture Secondly they joyn not with their authority teaching and constant preaching of the word of God warranted by the same but separated contrary thereto Thirdly joyning with their Spiritual Power temporal Jurisdiction usurping to themselves the only Office of the Magistrate Fourthly procuring to themselves places of Judicature chief Judges in great Courts as their High Commission late Star-Chamber and the like which are all contrary to the rules and ordinances of Divine-Writ We cannot otherwise conceive or expect as long as their Offices thus corrupted remain without limitation or correction that ever there will be true Religion setled in this Land or any peace or unity of hearts and affections in this Kingdom being too apparent to all the world that from age to age since the Prelates have had such power and command in the Common-Wealth they have bin either the roots and founders or Actors and Competitors with others of all the divisions and dissentions that have ever been in this Kingdom either between the Prince and his People or between the Prince and his Parliaments and still such persons of perverse Spirits possess such Offices Secondly I come to shew you these their practises how they have and still endeavour to bring to pass their wicked designs they are known already I verily believe both to you and almost all men that is * * Most notorious falshood by Innovating Religion joyning with the Church of Rome approving as well of the Doctrine as Ceremonies thereof endeavouring to bring all others into the same opinion with them especially the Lords and Grandees of this Kingdom to perfect this they raise divisions between the King and his Subjects between King and Parliament between Lords and Commons and between the Commons themselves to raise Mutinies Insurrections Rebellions amongst his Majesties good Subjects open Wars between his Majesties Kingdomes one against another and all under pretence of the Religion to defend the Office Power and Jurisdiction of Bishops above all others yea that their Spiritual power is above the Kings in Ecclesiastical causes and the like all which we have had woeful experience of Thirdly and lastly the means whereby we may remedy these evils is First to regulate and rectifie their unlawful and usurped Power and Jurisdictio and settle such a form of Government in Religion as shall seem to the Wisdom of this House to come nearest the Word of God And Secondly with all speed as we possibly can upon Triall bring to deserved punishment these Prelates and Bishops that have been the only Authors of all our miseries Thus did these Vultures and Harpies accuse the innocent Doves upon whom they intended to prey and Quarry but God be praised We have found though by woful Experience who were the Occasions of all those dreadful Miseries those Wars and Bloodshed that Tyranny and Usurpation under which the Nation so long groaned which from the Day that it saw the Bishops excluded from the Execution of their Function and from their Right never saw one happy Day till by the Miracle of Providence they were by the Restauration of the Illustrious Son of the Glorious Martyr repossessed of their Office and Rights Then Sir Philip Stapleton Reported the Paper of Thanks to be returned to the Scots Commissioners which was in these Words The House of Commons having considered The Thanks of the House of Commons to the Scots Commissioners for their Papers to the King and Parligment both that Paper given in to them from the Scottish Commissioners upon Saturday last as likewise their Advice lately given to his Majesty by occasion of the present Troubles which at the intreaty of the said House they have communicated to them and finding therein a large Testimony of their Fidelity to the King of Affection to this State and of Wisdom for the Honor Security and Peace of his Majesty and Kingdoms doth hereby declare That they have herein done that which is not only acceptable to this House but likewise that which is of great Advantage to both Nations and therefore have Ordered That Sir Philip Stapleton Mr. Hampden Mr. Fiennes Mr. Pym Mr. Arthur Goodwin Sir Henry Vane ju or any three of them shall return them very hearty and affectionate Thanks in the Name of this House and this House doth further desire them That according to their Affections already expressed they will continue their Care and Indeavors to remove the present Distractions among us as also to preserve and confirm the Vnion between the two Nations so happily begun And that this might appear to be not only a verbal Acknowledgment It was this day Ordered That the Citizens that serve for the City of London do take Care that the Scots Commissioners do pay nothing for their House Rent and Furniture belonging unto the same and this House will undertake to see the same satisfied After this one Ralph Hope being at the Bar informed the House of Commons That 4th Jan. instant Serjeant Dendy came to Mr. Weekes his House at the Gate-House Information against Serjeant Dendy and required of him if Mr. Hollis lay there whereupon he asked the Serjeant What his Business was the Serjeant bid him tell him his Name he answered if he would tell him his Business he would tell him his Name whereupon he said I charge you upon your Life to tell me where Mr. Hollis is for he is a Traitor how dares Mr. Weekes lodg a Traitor in his House he said he must have him and would have him for he was a Traitor Whereupon it was Resolved c. That Mr. Dendy Serjeant at Arms shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending
the ordinary Course and Courts of Justice declined 3. The proceedings in Civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Jac. granted by his Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the King dom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to 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 very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Vsage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means 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 useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the Principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these 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 Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom 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 indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputie's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Judice and contrary to the Laws 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 Ruin and Destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Vnwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to his Sacred Majesty For Remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions 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 utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. To this the Earl replyed that their Lordships might observe that it bore Date Feb. 22 1640. which was since his Impeachment and that it is followed by Faction and Confederacy and a strong Conspiracy against him as if he had time and opportunity he could make it appear And indeed the Complaints of the Irish Nation against him who had in all things endeavoured to promote and
auxi mesmes les Communes remercierment les seigneurs Espirituelx Temporelx de lour bon droiturell Jugment quils auoint fait come Piers du Parlement That the said Commons returned thanks to the Lords Temporal and Spiritual for the good and upright Judgment which they had made as Peers of Parliament In the 2 of H. 6 John Lord Talbot accused James Boteler Earl of Ormond Rot. Par. n. 9. 2 H. 6. in Parliament of sundry Treasons and the Record saith That De avisamento assensu Dominorum Spiritualium Temporalium ac Communitatis Regni Angliae in eodem Parliamento existent ' facta fuit quaedam Abolitio delationis nunciatonis Detectionis predict ' c. By the advice and consent of the Lords Spiritual and Temporal and the Commons of England there was made a certain abolition of the said Accusation Relation and Discovery From which Presidents it is evident that the Lords the Bishops did Sit and Debate Vote and Determin in Causes Capital as well as the other Temporal Lords The third Position is that they are a third Estate in Parliament Which is proved both by undeniable Reason and undoubted Presidents and Records That there are three Estates in the Parliament of England is a matter on all hands allowed But some Persons who would bring down the Soveraignty to a Coordinacy do affirm that the King is the third Estate the Lords making one and the Commons the other which dangerous Position as it doth submit the Monarchy to great hazzards so it gave occasion and colour to the taking away of the Peerage of the Bishops the third Estate notwithstanding their Exclusion being according to this principle left as Intire in the Lords House as it was upon the Exclusion of the Lord Abbots in the time of King Henry the Eighth Now that the King is not one of the three Estates and consequently that the Lords the Bishops must be so and were ever accounted so evidently appears by the Records of our Parliaments which are cited to this purpose as follows In the Parliament of 1. H. 4. By the Roll it appears that King Richard the Second appointed two Procurators to declare his Resignation of the Crown coram omnibus Statibus Regni before all the States of the Realm and one of the Articles against him was concerning his Impeachment of Thomas Arch-Bishop of Canterbury coram Rege omnibus Statibus Regni before the King and all the Estates of the Realm And who all these Estates of the Realm were it most fully appears in that the Commissioners for the Sentence of this unfortunate Kings deposition are said to be appointed Per Pares Proceres Regni Anglia Spirituales Temporales ejusdem Regni Communitates omnes status ejusdem Regni representantes By the Peers and Nobility of the Kingdom of England Spiritual and Temporal and the Commons of the same representing all the Estates of the said Realm So that First the Bishops are declared Peers of the Realm in Parliament Secondly The Estates of the Parliament are to represent all the Estates of the Kingdom Clergy Nobility and Commons Thirdly The three Estates in Parliament are the Lords Spiritual the Lords Temporal and the Commons of the Realm In the Roll of Parliament Rot. Parl. 1. R. 3. 1. R. 3. it is Recorded That whereas before his Coronation certain Articles were delivered unto him in the name of the three Estates of the Realm that is to say of the Lords Spiritual Lords Temporal and of the Commons by name c. Now forasmuch as neither the said three Estates neither the said Persons which in their name presented and delivered as it is aforesaid the said Roll unto our Soveraign Lord the King were Assembled in Form of Parliament divers doubts have been moved c. Now by the said three Estates Assembled in this present Parliament and by Authority of the same be ratified and Enrolled c. Upon which Record Mr. Prinn himself makes this Marginal Note The three Estates must concur to make a Parliament no one or two of them being a full or Real Parliament but all conjoyned In the 3. H. 6. it is said in the Record Prinn Abridgments of Records p. 710. 714. the three Estates Assembled in this present Parliament In the Explanation of the Duke of Bedford's Power as Protector It is said it was advised and appointed by the Authority of the King Assenting the three Estates of this Realm so that it is plain that the King was not then accounted one of them Rot. Par. 3. H. 6. n. 19. 6. H. 6. n. 24. In the 11. H. 6. The Duke of Bedford appeared in Parliament and declared the Reason of his coming coram Domino Rege tribus Statibus Regni before the King and the three Estates of the Realm 11. Hen. 6. n. 10. and n. 2. n. 2. N. 11. Domino Rege tribus Regni Statibus in presenti Parliamento Existentibus Our Lord the King and the three Estates in Parliament being present where the King is plainly distinct from the three Estates 11. H. 6. N. 2. The Lord Cromwell Lord Treasurer Exhibits a Petition in Parliament wherein he saith that the Estate and necessity of the King and of the Realm have been notified to the three Estates of the Land Assembled in Parliament In the Appendix to the Rolls of Parliament that Year the Duke of Bedford saith in his Petition to the King How that in your last Parliament yit lyked your Hyghness by yaduis of three Estates of yis Land to will me c. 23. H. 6. N. 11. Presente Domino Rege 23. H. 6. n. 11. tribus Statibus in presenti Parliamento Existentibus c. Our Lord the King being present and the three Estates in the present Parliament Assembled 28. H. 6. N. 9. Domino Rege 28. H. 6. n. 9. tribus Regni Statibus in pleno Parliamento comparentibus c. Our Lord the King and the three Estates in full Parliament appearing c. 1. H. 6. 1. H. 6. The Queen Dowager in her Petition mentioning the Ratification made in Parliament 9. H. 5. saith it was not only sworn by the King but by the three Estates of the Kingdom of England Cest assavoir Les Prelatz Nobles Grands per les Comuns de mesm le Royalm Dengleterre That is to say by the Prelats Nobles and Great Men and by the Commons of the said Realm of England And since the Reformation In the 8 of Eliz. 1. 8. Eliz. 1. The Bishops are in Parliament called one of the greatest States of this Realm From all which Instances it plainly appears First That there are three Estates in the Fundamental Constitution of every Parliament Secondly That there are three Estates besides the King and consequently that he cannot be one of the three Thirdly that the Lords Spiritual the Bishops are a Third Estate of the Realm in Parliament
Brown Thomas Bourk Esquires Vlster Sir William Cole Sir James Montgomery The Remonstrance was as followeth addressed first to the L. Deputy Wendesford The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament Assembled Shewing THat in all Ages since the happy subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a principal 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 Loyal and Dutiful People of this Land of Ireland being now for the most part derived from Brittish Ancestors should be governed according to the Municipal and Fundamental Laws of England That the Statute of Magna Charta or the Great Charter of the Liberties of England and other laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and the most Prudent and Benign Government of his Majesty and his Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires to comply with his Majesties Princely and Royal 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 cheerful gift of Six intire Subsidies in the Tenth Year of his Majesties Reign which to comply with his Majesties then Occasions signified to the then House of Commons they did allow should amount in the Collections unto a Hundred and fifty Thousand pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have mounted to much more than half the Sum aforesaid besides the Four intire Subsidies granted in this present Parliament So it is may it please your Lordship by the occasion of infuing and other Grievances and Innovations though to his Majesty no considerable Profit this Kingdom is reduced to that Extream and Universal Poverty that the same is less able to pay Two Subsidies than it was heretofore to satisfie all the before-recited great Payments and his Majesties most Faithful People of the Land do conceive great Fears That the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great hopes and strong belief they are perswaded is contrary to his Royal and Princely Intention towards his said People of which Grievances are as followeth 1. First The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered both and dis-inabled and discouraged to Trade and some of the Honorable Persons who gain thereby often Judges and Parties And that in the conclusion his Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all Civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon references from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawful Fees by Secretaries Clarks Pursivants Serjeants at Arms and otherwise by which kind of proceedings his Majesty looseth a considerable part of his Revenue upon original Writs and otherwise and the Subject looseth the benefit of his Writ of Error Bill of Reversal Vouchees and other Legal and just advantages and the ordinary course and Courts of Justice declined 3. The proceedings in Civil Causes at Council Board contrary to the Law and Great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denyed the benefit of the Princely graces and more especially of the Statute of Limitations of 21 Jac. Granted by his Majesty in the Fourth year of his Reign upon great advice of Council of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all persons do take notice That contrary to his Majesties Pious Intentions his Subjects of this Land have not enjoyed the benefit of his Majesties Princely Promise thereby made 5. The Extrajudicial avoiding of Letters Patents of Estates of a very great part of his Majesties Subjects under the Great Seal the Publique Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal 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 very low rates and uttered at high and excessive rates by means whereof Thousands of Families within this Kingdome and of his Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coyn of this Kingdom is ingrossed into particular hands Insomuch as the Petitioners do conceive that the Profit arising and engrossed thereby doth surmount his Majesty's Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little Profit by the same 7. The universal and unlawful increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his People 8. The extream and cruel usage of certain late Commissioners and other Stewards the British Farmers and Inhabitants of the City and County of London-Derry by means 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 useful Plantation in the large Province of Vlster to the great weakening of the Kingdom in this time of danger the said Plantation being the principal strength of those Parts 9. The late erection of the Court of High-Commission for Causes Ecclesiastical 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 Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties service and profit are much more impaired then advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesties Revenue by the buying of
but by Authority of Parliament and that a free Synod of this Nation * * That is from the Law which appoints it and gives the Members equal Privilege and Protection with the Members of the H. of Commons differing in the whole Constitution from the present Convocations of the Clergy now in Vse among us might be as the Petitioners apprehend of great Vse for that purpose and that not only this but all other your great Consultations might be much furthered by a more earnest and assiduous seeking of God by the joint and publick Fasting and Prayers of the whole Kingdom in these sad times so full of distractions and Hellish Conspiracies at home and bloody Cruelties of those Popish Rebels against our own Flesh and our Bones in Ireland The Petitioners humbly pray That you would vouchsafe to lay hold upon the first opportunity that your important Affairs will permit of reassuming into your further consideration their former Petition and to proceed thereupon as you shall find cause either by committing the same to the Debate and Disquisition of a free Synod or otherwise and in the mean time to become Mediators to His Gracious Majesty who could not take notice of their former Petition to this Honourable House for some relaxation in matters of Ceremonies and of reading of the whole Liturgy which as the Petitioners verily believe and hope to prove have been of late times urged further then ever the Law intended And a free Synod of Grave Learned and Judicious Divines of this Kingdom the Dominion of Wales and the Islands adjacent may be by the Authority of Parliament Indicted for the more through and fruitful Debate of the Premisses to expedite a full Reformation by the High Court of Parliament for the setling of a Godly and Religious Order and Government in this Church as your Wisdom shall find convenient And that a publick Fast may be Commanded and Religiously observed throughout the Kingdom once in every Month during your sitting in Parliament for the more effectual procuring of Gods protection of your Persons and of his blessing upon your proceedings and till the miseries of our Brethren in Ireland be happily put to an end And the Petitioners shall be ready further to attend the pleasure of this House with their Reasons of their present Suit for a free Synod of this Nation and of a new Constitution thereof differing from those now in Being when they shall be required and to pray without ceasing c. Were I to give Instructions to draw the Exact Pourtraicture of a Non-Conforming-Conforming Church Hypocrite with Peace in one hand and Fire and Sword in the other with a Conscience like a Cockle-shell that can shut so close when he is under the fear of the Law or losing his Living that you cannot Croud the smallest Scruple into it but when a tide of liberty wets him can lay himself open and display all his resentments against that Government in the Church to whose Laws he had sworn obedience and by that horrid sin of Perjury must confess himself a Villain of no manner of Conscience to Swear without due Consideration and to break his Oath without a lawful Determination that it was unlawful I would recommend this Petition as a rare Original to Copy after I cannot tell how it will relish with the Readers Palate but I must profess my self so tyred with this miserable Crambe that I am under the irresistable temptation of refreshing my self with laying aside for one moment the Gravity of an Historian and Burlesquing the intolerable Flatteries of this Petition and these Hypocritical Petitioners by making them speak Truth for in their Courtship to the Faction for whose Goust this delicate Petition was Cook't and Spiced when they recount their wonderful Atchievments in the Work of Reformation there is still I find a Supplement of some material Truth in matter of plain Fact wanting which I will make bold to add They acknowledge the Pains and Piety of the Faction manfested in many things of high concernment for the Glory of God by affronting his Solemn-publick Established Worship the Honor of the King by indeavouring to degrade him and divert him of the Beams of Majesty his Royal Prerogative the purging of the Church by purging it quite out of the Kingdom they commend their Zeal and Courage for the true Religion against all Popish Idolatry and Superstitious Innovations manifested by letting in a whole Flood of Errors Heresies Sects and Schisms at the Breach of the Banks of the Church-Government by tender Conscience in encouraging Preaching of Sedition and Disobedience to Laws Government and Governors and justling out all Praying out of the Church except the Wild Extravagant Dangerous Libelling Extempory Enthusiasms of bold and presumptuous Men who called their own acquired Art of Impudent Non-sence a gift of the Spirit as doubtless it was of that Spirit which rules in the Children of Disobedience in encouraging painful godly Ministers formerly set aside and justly for Preaching Sedition Schism and Faction for good Divinity in discountenancing bold and unmeet Men that darst Preach the Doctrine of rendring to Caesar the things of Caesar and to God the things of God that without sufficient calling presumptuously intruded into that Holy Office by only gently reproving them for the present and afterwards permitting Tagg and Ragg Godly Coblers and Gifted Tinkers Zealous Taylors and the most sordid illiterate Mechanicks to invade the Pulpit to vilifie the Petitioners with the Title of Hirelings dumb Dogs Baal 's Priests c. by Adonibezeck 's Law without Controul or Animadversion from the Honorable Faction for taking away the Tyranny of the High-Commission and Ecclesiastical Courts and setting Mens Tongues at liberty to Rail without Reason to Quarrel with their Superiors without Cause to affront them with impunity and in conclusion to Murther them Religiously and in the Fear of the Lord for their worthy Orders for removing illegal Rites and Ceremonies Superstitious and Scandalous Pictures and other Innovations and setting up in their stead the Bell and Dragon of these Mens Inventions and for bringing in the greatest Innovations a Church without a Bishop a Religion without Divine Service a Minister without Lawful Ordination a Christian without Baptism a Sacrament without Consecration and at last a Heaven without Repentance of any or all these horrid Sins and Incapacities For their Care to suppress the Irish Rebellion and Butcheries of the bloody Papists by imploying the Men and Money raised for that Service to butcher the Loyal Protestants in England who held the Popish and Malignant Doctrine that they ought to Fear God and Honor the King and die at the Feet of their Sacred Sovereign in defence of his Person Crown and Dignity against these Religious Rebels But Manum de Tabulâ I will not Tire my self and the Reader with Epitomizing their Villanies which are able to fill Volumes and with which he will find these stow'd Tuesday Decemb. 21. Message from the