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A92318 A briefe and perfect relation, of the answeres and replies of Thomas Earle of Strafford; to the articles exhibited against him, by the House of Commons on the thirteenth of Aprill, An. Dom. 1641.. Strafford, Thomas Wentworth, Earl of, 1593-1641.; S. R. 1647 (1647) Wing R68; Thomason E417_19; ESTC R203328 82,767 116

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all that time but brought forth that Protestation or band of Association as they terme it which is now in print it was then drawun up and without further processe or delay before they came out subscribed by the whole House except the Lord Digby and an Uncle or Friend of his It is thought by some whose heads are not green that it is very like a Covenant in Scotland but that must bee left to furrher time and wiser heads if that Cōment that perhaps will follow bee not worse then the text it may in probability happen out to bee canonicall enough but the too generall Phrase in it lyes very open to have sences pro re natâ thrust upon them which may bee very justly suspected to have beene intended where the oath and Law-giver is the party only some have observed two remarkable things upon this First Some thinke it Strange that Seeing the House of Commons have lately fined the Convocation House upon this ground especially that they enjoyned an oath which is a Legislative power say they and only due to Parliaments How they at this time as if all the Legislative power were in them without the advise of the Lords I say not of the Church though in matters Ecclesiasticall or approbation of the King which is conceived to bee a mighty encroachment upon his Praerogative should offer either to praescribe or subscribe such an oath as if it were essentiall to our Reformation ever to bee done by the people without Authority of the Superiour powers and yet before it passe in a Stat. It must come in by a Bill usteron proteròn but parhaps it is hoped that by this Anti-dated subscription they shall finde out the more easy passage for the Bill when it comes to bee Propounded Secondly That the House of Commons were foure houres pleading upon that one expression in the Protestation The true reformed Religion expressed in the Doctrine of the Church of England Some who were more tender toward the Church desiring that the word discipline might bee adjoyned to the word Doctrine but others mainly opposed that reasoning that no discipline could bee admitted but all to bee esteemed as Popish that was not conteined in the Doctrine that is in the word of God which party at the last did prevaile though the other affirmed that there was more expresse warrant in the word of God for Bishops then for ruling Elders but if some Hint bee not there intended against the Duanes and Chapters the liturgies ceremonies yea the very Bishops of the Church of England let any man judge and of what dangerous consequence that may bee if those who pretend to have authority in all Church affaires may bee permitted to give Sentence is not difficult to determine This day the people mett againe but in smaller number they have threatned to come to morrow with all rheir maine forces and not to desist till the Lievetenant bee executed and their other petitions obteined the oath was likewise presented to the Lords and some say all of them except the eight Recus●nt Lords and foure of the Bishops have signed the same but others say they have only admitted the Bill which is more likely I think it is Lncan tells us the tale That when the 100 handed Gyant Briareus whom the Mithologizers of Poems use as a Type of the multitude was first brought into the world his Father Jupiter desired Mercury to set his Scheme and calculate the Starres of his Nativity no Father said Mercury that is needlesse a little time will shew his disposition for so many hands cannot bee long Idle A very lively Idoea of this businesse now in Agitation your selfe may make the application by the events Upon Saterday May the eighth the Bill against the Lord Saterday May 8. Strafford past the Lords there were fourtie five present of which nyneteene voiced for him and twenty six against him the greatest part of his friends absented themselves upon pretence whether true or suppositious that they feared the multitude otherwise his suffrages had more then counterpoised the voters for his death In the Bill hee is condemned of Treason and all his English Lands the other part of the Coat is left for those in Ireland forfeited with an especiall Proviso that this Act shall in no waies bee forceable against others then if it never had been made which to his friends of Judgment smells Strongly of a particular hatred against him as if the same common way of Justice should not equally strike against all which it should doe in true Justice but that Crimes did differ in their Subjects Two wayes there were to have proceeded against him by a Legislative or by a Judiciary power both did strike home alike at his life and his estate both alike ready both sure by reason of the proofs the Difference only this this might have beene done without the King that only by him because this a Sentence that a Statute A man would think the Judiciary way had beene the more sure and that the King would rather have connived and not exercised his Praerogative by a Reprivall then to have Interessed himselfe in the Legislative proceedings by consenting to the Act against him In whom the world conceived for by past and future services he had so great an Interrest But they it seems notwithstanding his Majesties late Attestation of the Gentlemans Innocency in point of Treason were more confident of his gracious Inclination to Justifie their own Act And more desirous too that hee should demonstrate his willingnesse in punishing such transgressors and therefore the Bill went on by the Statute The same day another Bill passed both the Houses that because of the important businesses of the Kingdome the Parliament should not be broken up by the King without the specall advise and consent of both the Houses till all their grievances were redressed and their safety provided for which space of time for any thing I know may last till doomes day some would have had the prefinition of 5 some 7 some 9 yeares put to it others Replyed that this would bee both odious dangerous odious in that it should seem so long a Parliament Dangerous in the same time may happen out possible to be longer some think it an honor I rather a fatality or to sweeten the word a Providence that both their Bills should passe at once as if Generatio unius were Corruptio Alterius And this new Governwent should take life from the death of the Earle of Strafford In the afternoone the House of Commons desired accesse to the King in the Banqueting House and having stayed there an houre for his coming in three words they propounded these two great Bills desiring that hee would give his Royall Assent to them both Quod si non prosint singula Juncta Juvant Withall humbly shewing that the present danger of the Kingdome could admit of no delayes The King told them they should expect an answer on Munday