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A89100 Captaine Audley Marvin's speech delivered in the upper house to the Lords in Parliament May 24, 1641 concerning the iudicature of the high court of Parliament.; Speech delivered in the Upper House to the Lords in Parliament May 24, 1641 Mervyn, Audley, Sir, d. 1675. 1641 (1641) Wing M1888; ESTC R42671 9,161 19

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to every pedantick Schoolemaster In another Parliament held in this Kingdome in the Edw. 2. Sir Arnold Poore was tried for killing the Lord Bonevaile and by sentence of that High Court was acquitted it being found it was done in his own defence My Lords the Treasons in this Kingdome formerly practised have been by hostile invasion for the most part and were struck dead by the plaine Letter of the Law the Parliaments were but rare and Infant-like and frighted with the clashing of Armes from one place to another and untill King IAMES of blessed memory sate at the Steerage of our weather-beaten Arke our Dove never brought in her Olive-branch so that there could hardly be time allowed for a solemne tryall if the occasion had beene offred The manner of those Treasons resemble the forcible taking of a mans purse upon the high-way these Treasons that wee shall have to sift are more like cut-pursing they smile in our faces whilst their hands dive into our pockets the event is one The losse of our Money and though they be taken napping they will swear they meant us no harme Latet Anguis in herba The first man that ever suffred for Treason if want of a President would excuse him might have begot Traytors to the third and fourth generation with impunitie My house hath taken fire I call for water to quench it I would suppose him mad that would advise me to let it burne to the ground because my neighbour would not quench his and therefore I want a President We will impute it unto the integritie of those times that have not fostred such unbounded spirits to attempt such crimes as might leave Presidents of this Nature It is my Lords Iustice that those who will renew Presidents of long buried crimes should renew or create Presidents of deserved tryall and punishment My Lords I have mustered some few Arguments in vindication of the Iudicature of the Parliament in this Kingdome they are valid enough for the intricacie of the question Where tacks will serve what needs ten-penny nayles A good face wants no band A valid Parliament wants no assertions for its Iurisdiction and such is this declaring the effectuall validitie thereof in an Emphaticall sense There is nothing now left my Lords but that as I have spent some time in scanning a Parliament with Iudicature since Contraria contrarijs opposita magis elucescunt we may cast a smiling eye upon that pretty silken bug-beare of State a Parliament without Iudicature Curia altissima must be Curia infima Curia magna must be Curia minina It will resemble a sword with guilt hilts and a blade made of a larth Whereas then all Courts were derived from it now all Courts may insult upon it My Lords I leave to your Lordships consideration the cloth of State which no man ought to name without reverence whether it will not esteeme it selfe in a deplorable and widdowed estate for the death of her onely consort IVDICATVRE Like the single Turtle it mournes whilst the Cushions of the Toulesale prick up their eares My Lords me thinks the Lyons roare the strings of the harps break and sound in discord the Flower deluces wither to be stretch'd out in a place sans Iudicature None sits under that Pavilion that beares the Sword in vaine The high priz'd tincture of your Lordships robes begins to fade the Ermins loose their complexion if they loose their Iudicature That wel-becomming title to a Nation PEERAGE begins to hang down its head and blush and curses the insluences in its nativitie if it should come to such an untimely end Your Speaker may study silence and report that to himselfe which he never read nor heard of A Parliament without IVDICATVRE The Right reverend Bishops may retire in to the Iudicature that happen to be discuss'd before this Tribunall though most venerable in their own Spheare sit like so many Plovers prick'd down for Stales with this Motto Videntur non sunt We of the House of Commons that were hitherto stiled Prudentum Conventus may Impeach with little wit and you remedy us with as little power imitating Baals priests cut and lance our selves contribute our Estates our Studies our lives for his Majesties ever prayed for happinesse Call and Call to their gods that could not helpe them Impeach and Impeach and demand Iustice from our titular Lords that can neither helpe themselves nor us My Lords the Common Law speaks our Parliament and its Indicature the Statute Lawes confirme it Presidents streng then it Reason even undeniable reason fortifies it what Magick is there then That the case is thus altered If it lyes in the degrees of the persons impeacht heare then the Statute of Marlebridge 52. H. 3. Provisum est concordatum concessum quod tam majores quam minores justitiam habeant recipiant in Curia Domini Regis Yet their offices may offer some things in consideration My Lords the late Lord Keeper in England will not come in to dispute this point afore the Parliament and Sir Robert Belknap one of the Iudges of the Common Pleas was put to banishment by the Parliament for subscribing an opinion against Law though forc'd by a dagger held to his brest and the rest of the Iudges that subscribed the same were put to death A reason I forgot that we may be excus'd for want of Presidents if there be any surviving The parties impeach'd have taken a course for that and by an order of the Chancery had them in their owne custody since their Impeachment since the Master of the Rolls death unto this present houre Poore David poore House of Commons must encounter Goliah nay Goliah Sauls Armor the Kings evidences nay Davids poore sling this I humbly present to your Lordships consideration My Lords England will not 〈◊〉 that we plead an equall interest in their Laws but re●●y 〈◊〉 support us especially in parliamentary proceedings his Majestie will conceive the vanity of those that taking advantage of his princely mind involv'd in multiplicity of weighty affaires would raise such dangerous doubts Observe but one word in the Rotul Pat. 30. H. 3. Rex c. pro communi u●●litate terrae hyberniae pro unitate terrarum provisum est quod omnes leges consuetudines You see the confirming and enacting of the Lawes and Customes of England to be of force in Ireland was pro utilitate terrae Hyberniae pro unitate terrarum the Union of Lawes being the best unitie of Kingdomes Those then that would tread under feet the wisedome 〈◊〉 ●hose times so fortunately commenced and continued may be judged as the Incondiaries of Nations and the plagiaries of Government My Lords out of what I have 〈◊〉 this infallible Maxime may be drawn of the High court of Parliament Si vetustatem spectes est antiquissima si dignitatem est honoratissima si Iurisdictionem est capacissima In the last place I present unto your Lord 〈◊〉 these three instruments being thrice severally read 〈…〉 debated and solemnly voted in our House 〈…〉 their perfection and maturitie by such proceedings in 〈◊〉 most honourable House as shall be sutable to your approved Iudgements FINIS