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
and Liberties were of late more pressing than we were able to bear That our Complaints and Supplications for redresse were answered at last with the terrors of an Army That after a pacification greater preparations were made for war whereby many Acts of Hostility were done against us both by Sea and Land The Kingdome wanted administration of Justice and we constrained to take Arms for our defence That we were brought to this extreme and intolerable necessity either to maintain divers Armies upon our Borders against Invasion from England or Ireland still to be deprived of the benefit of all the Courts of Justice and not onely to maintain so many thousands as were spoyled of their ships and goods but to want all Commerce by Sea to the undoing of Merchants of Saylors and many other who lived by Fishing and whose Callings are upholden from hand to mouth by Sea trade Any one of which evils is able in a short time to bring the most potent Kingdome to Confusion Ruine and Desolation how much more all the three at one time combined to bring the Kingdome of Scotland to be no more a Kingdome Yet all these behoved We either to endure and under no other hope than of the perfect slavery of our selves and our posterity in our souls Lives and means Or to resolve to come into England not to make any Invasion or with any purpose to fight except we were forced God is our Judge our actions are our witnesses and England doth now acknowledge the truth against all suspicions to the contrary and against the impudent lies of our enemies but for our relief defence and preservation which we could finde by no other means when we had essayed all means and had at large expressed our pungent and pressing necessities to the Kingdome and Parliament of England Since therefore the war on our part which is no other but our coming into England with a Guard is defensive and all men do acknowledge that in common equity the defendant should not be suffered to perish in his just and necessary defence but that the persuer whether by way of Legall processe in the time of Peace or by way of violence and unjust invasion in the time of war ought to bear the charges of the defendant We trust that your Lordships will think that it is not against reason for us to demand some reparation of this kinde and that the Parliament of England by whose wisedome and justice we have expected the redresse of our wrongs will take such course as both may in reason give us satisfaction and may in the notable demonstration of their Justice serve most for their own honour Our earnestnesse in following this our Demand doth not so far wrong our fight and make us so undiscerning as not to make a difference between the Kingdome and Parliament of England which did neither discerne nor set forward a Warre against us And that prevalent faction of Prelates and Papists who have moved every stone against us and used all sorts of means not onely their Counsells Subsidies and Forces but their Church Canons and Prayers for our utter ruine which maketh them obnoxious to our just accusations and guilty of all the losses and wrongs which this time past we have sustained Yet this we desire your Lordships to consider That the States of the Kingdome of Scotland being assembled did endeavour by their Declarations Informations and Remonstrances and by the proceedings of their Commissioners to make known unto the Councell Kingdome and Parliament of England and to forewarn them of the mischief intended against both Kingdomes in their Religion and Liberties by the Prelates and papists to the end that our Invasion from England might have been prevented if by the prevalency of the faction it had been possible And therefore we may now with the greater reason and confidence presse our Demand that your Lordships the Parliament the Kingdome and the King himself may see us repaired in our losses at the cost of that faction by whose means we have sustained so much dammage And which except they repent we finde sorrow recompenced for our grief torments for our toyl and an infinite greater losse for the Temporall losses they have brought upon a whole Kingdome which was dwelling by them in peace All the devices and doings of our common enemies were to bear down the truth of Religion and the just liberties of the Subjects in both Kingdomes They were confident to bring this about one of two wayes Either by blocking us up by Sea and Land to constrain us to admit their will for a law both in Church and Policy and thus to make us a precedent for the like misery in England or by their Invasion of our Kingdome to compell us furiously and without order to break into England That the two Nations once entred into a bloody Warre they might fish in our troubled waters and catch their desired prey But as we declared before our coming We trusted that God would turn their wisedome into foolishnesse and bring their devices upon their own pares by our Intentions and Resolutions to come into England as among our Brethren in the most peaceable way that could stand with our safety in respect of our common enemies to present our petitions for setling our peace by a Parliament in England wherein the intentions and actions both of our adversaries and ours might be brought to light The Kings Majesty and the Kingdome right informed The Authors and Instruments of our divisions and troubles punished All the mischiefs of a Nationall and doubtfull warre prevented and Religion and Liberty with greater peace and amity than ever before established against all the craft and violence of our enemies This was our Declaration before we set our England from which our deportments since have not varied And it hath been the Lords wonderfull doing by the wise counsels and just proceedings of the Parliament to bring it in a great part to passe and to give us lively hopes of a happy conclusion And therefore we will never doubt but that the Parliament in their wisedom and iustice will provide that a proportionable part of the cost and charges of a work so great and so comfortable to both Nations be born by the Delinquents there that with the better conscience the good people of England may sit under their own Vines and Fig-trees refreshing themselves although upon our great pains and hazard yet not altogether upon our cost and charges which we are not able to bear The Kingdome of England doth know and confesse that the innovation of religion and liberties in Scotland were not the principall designe of our common enemies but that both in the intention of the workers whose zeal was hottest for setling their devices at home and in the condition so the work making us whom they conceived to be the weaker for opposition to be nothing else but a leading case for England And that although by the power of God which
Reprieve him till Satterday May 11th 1641. THis Letter all written with the Kings own hand the Peers this day received in Parliament delivered by the hand of the Prince It was twice read in the House and after serious and sad consideration the House resolved presently to send 12. of the Peers Messengers to the King humbly to signifie that neither of the two intentions expressed in the Letter could with duty in them or without danger to himselfe his dearest Consort the Queene and all the young Princes their Children possibly be advised With all which being done accordingly the reasons shewed to his Maiesty He suffered no more words to come from them but out of the fulnesse of his heart to the observance of Justice and for the contentment of his people told them that what he intended by his Letter was with an if if it may be done without discontentment of his People if that cannot be I say againe the same that I writ fiat justitia My other intention proceeding out of charity for a few dayes respite was upon certain information that his Estate was so distracted that it necessarily required some few dayes for setlement thereof Whereunto the Lords answered their purpose was to be Suitors to his Maiesty for favour to be shewed to his innocent Children and if himselfe had made any provision for them that the same might hold This was well liking to his Maiesty who thereupon departed from the Lords at his Maiesties parting they offered up into his hands the Letter it selfe which he had sent but He was pleased to say my Lords what I have written to you I shall content it be Registred by you in your House In it you see my minde I hope you will use it to my honor This upon returne of the Lords from the King was presently reported to the House by the Lord Privy Seal and ordered that these Lines should go out with the Kings Letter if any copy of the Letter were dispersed THAT BISHOPS ought not to have Votes in PARLIAMENT 1 BEcause it is a very great hinderance to the exercise of their Ministeriall Function 2 Because they doe vow and undertake at their Ordination when they enter into holy Orders that they will give themselves wholly to that Vocation 3. 4 Because Counsells and Canons in severall Ages do forbid them to meddle with secular affairs because 24 Bishops have dependancie on the two Archbishops and because of their Canonicall obedience to them 5 Because they are but for their lives and therefore are not fit to have legislative power over the honors inheritance persons and liberties of others 6 Because of Bishops dependancie and expecting translations to places of great profit 7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects and they and their Successors will be much incouraged still to incroach and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order be to be Judges of those complaints the same reason extends to their legislative power in any Bill to passe for the regulation of their power upon any emergent inconveniencie by it 8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops which hath beene found so grievous to the three Kingdomes that Scotland hath utterly abolished it and multitudes in England and Ireland have petitioned against it 9 Because Bishops being Lords of Parliament it setteth too great a distance betweene them and the rest of their Brethren in the Ministry which occasioneth pride in them discontent in others and disquiet in the Church To their having Votes a long time Answ If inconvenient Time and usage are not to be considered with Law-makers some Abbots voted as anciently in Parliament as Bishops yet are taken away Therefore the Bishops Certificate to plenary of Benefice and loyalty of Marriage the Bill extends not to them For the secular Jurisdictions of the Deane of Westminster the Bishops of Durbam and Ely and the Archbishop of Yorke which they are to execute in their owne persons the former reasons shew the inconveniencies therein For their Temporall Courts and Jurisdictions which are executed by their Temporall Officers the Bill doth not concerne them The Lord Keepers Speech in the Upper House of Parliament Novemb. 3. 1640. My Lords ANd you the Knights Cittizens and Burgesses of the House of Commons you have been summoned by His Majesties Gracious Writ under the great Seal of England and you are here this day assembled for the holding of a Parliament The Writ tels you t is to treat and consult of the High Great and weighty affairs that concern the estate and safety of the Kingdom It tels you true that since the Conquest never was there a time that did more require and pray for the best advice and affection of the English people It is ill viewing of objects by viewing them in multiplying Glasse and it is almost as mischievous in the speech of such a broken Glasse which represents but to the half The onely and the perfect way is to look in a true Mirror I will not take upon me to be a good looker in it I will onely hold it to you to make use of it The Kingdom of England is this multiplying Glasse you may there see a State which hath flourished for divers hundred yeers famous for time of peace and warre glorious at home and ever considerable abroad A Nation to whom never yet any Conqueror gave new Laws nor abolished the old nor would this Nation ever suffer a Conqueror to meddle with their Laws no not the Romanes who yet when as they subdued all the people made it part of the Conquest to leave their Laws in triumph with them For the Saxons Danes and the Normans if this were a time to travell into such particulars it were an easie task to make it appear that it never changed the old established Lawes of England nor ever brought in any new so as you have the frame and constitution of a Common-wealth made glorious by antiquity And it is with States as with persons and families certainly an interrupted pedigree doth give lustre It is glorious in the whole frame wortth your looking upon long and your consideration in every part The King is the head of the Common-wealth the Fountain of Justice the life of the Law He is anima deliciae legis Behold Him in His glorious Ancestors that have so swayed the Scepter of the Kingdome Behold Him in the high attributes and the great prerogatives which so ancient and unalterable Laws have given and invested him with Behold Him in the happy times that we have so long lived under His Monarchiall government For His excellent Majesty that now is our most Gratious Soveraign you had need wipe the Glasse and wipe your eyes and then you shall truely behold him a King of exemplary Pietie and Justice and a King of rare endowments and
for the making of Lawes with him Now Sir the Legislative power is the greatest power and therefore coactive and it is the highest power and therefore independent and if every Estate for the proportion it hath therein should not have such a power it should not have it of right as founded in the Fabricke and frame of the policy and government but of Grace or by Commission as Dr. Beale affirmeth I have done with the first Canon onely I shall adde this that considering the principles and positions that are laid downe therein and comparing them with a clause towards the end of the Canon that in no case imaginable it is lawfull for subjects to defend themselves we may judge how farre forth these Canons were to prepare mens mindes for the force that was to follow after if the accusation against my Lord of Strafford bee layed aright For the matter it selfe I hope there will never be any need to dispute that question and I doe beleeve they had as little need to have published that position had it not beene upon designe As for the second Canon therein also they have assumed to themselves a Parliamentary power in taking upon them to appoynt Holidayes whereas the statute saith in expresse words that such dayes shall bee onely kept as Holy-dayes as are named in the Statute and no other and therefore though the thing may be bonum yet it was not done bene because not ordained by Parliament notwithstanding what hath beene alledged to the contrary it seemeth to mee to bee the appoynting of an Holy-day to set a time a part for Divine service and to force menunder penalties to leave their labours and businesse and to be present at it And of the same nature is that other clause in the same Canon wherein they take upon them without Parliament to lay a charge upon the people enjoyning two Bookes at least for that day to be bought at the charge of the parish for by the same right that they may lay a penny on the Parish without Parliament they may lay a pound or any greater summe As to the third Canon I shall passe it over onely the observation that my neighbour of the long Robe made upon it seemes unto me so good as that it is worth the repeating that whereas in the Canon against Sectaries there is an especiall proviso that it shall not derogate from any Statute or Law made against them as if their Canons had any power to disanull an act of Parliament there is no such proviso in this Canon against Papists from whence it may bee probably conjectured that they might have drawne some colour of exemption from the penall Lawes established against them from this Canon because it might seeme hard that they should be doubly punished for the same thing as wee know in the poynt of absence from the Church the Law provideth that if any man be first punished by the Ordinary he shall not be punished againe by the Iustices For the fourth Canon against Socinianisme therein also these Canon-makers have assumed to themselves a Parliament power in determining an Heresie not determined by Law which is expressely reserved to the determination of a Parliament It is true they say it is a complication of many heresies condemned in the four first Councells but they doe not say what those Heresies are and it is not possible that Socinianisme should bee formally condâ—mned in these Councells for it is sprung up but of late Therefore they have taken upon them to determine and damne a Heresie and that so generally as that it may bee of very dangerous consequence for condemning Socinianisme for an heresie and not declaring what is Socinianisme it is left in their breasts whom they will judge and call a Socinian I would not have any thing that I have said to be interpreted as if I had spoken it in favour of Socinianisme which if it be such as I apprehend it to be is indeed a most vile and damnable heresie and therefore the framers of these Canons are the more to blame in the next Canon against Sectaries wherein besides that in the preamble thereof they lay it downe for a certaine ground which the holy Synod knew full well that other Sects which they extend not onely to Brownists and Separatists but also to all persons that for the space of a month doe absent themselves without a reasonable cause from their owne parish Churches doe equally endeavour the subversion of the Discipline and Doctrine of the Church of England with the Papists although the worst of them doe not beare any proportion in that respect to the Papists I say besides that they make them equall in crime and punishment to the Papists notwithstanding the great disproportion of their Tenents there is another passage in this Canon relative to that against Socinianisme which I shall especially offer to your consideration and that is this If a Gentleman comming from beyond Seas should happen to bring over with him a Booke contrary to the Discipline of the Church of England or should give such a Booke to his friend nay if any man should abett or maintaine an opinion contrary thereunto though it were but in Parliament if hee thought it fit to be altered by this Canon he is excommunicated ipso facto and lyeth under the same consideration and is lyable to the same punishment as if he had maintained an opinion against the Deity of Christ and of the Holy Ghost and of our Iustification by the satisfaction of Christ Sir if in things that are in their owne Nature indifferent if in things disputable it shall bee as hainous to abett or maintaine an opinion as in the most horrible and monstrous herefies that can be imagined what liberty is left to us as Christians What liberty is left to us as men I proceed to the sixt Canon wherein these Canonists have asumed to then selves a Parliamentary power and that in a very high degree in that they have taken upon them to impose new Oathes upon the Kings Subjects Sir under favour of what hath beene alleaged to the contrary to impose an Oath if it be not an higher power then to make a Law it is a power of making a Law of most high Nature and of higher and farther consequence then any other Law and I should much rather chuse that the Convocation should have a power to make Lawes to binde my person and my estate then that they should have a power to make Oathes to binde my Conscience a Law bindes me no longer than till another Law bee made to alter it but my Oath bindes mee as long as I live Againe a Law bindes me either to obedience or to undergoe the penalty inflicted by the Law but my Oath bindes mee absolutely to obedience And lastly a Law bindes me no longer than I am in the Land or at the farthest no longer than I am a member of the State wherein and whereby the Law is
which time the sayd Iustice Seate was called by adjournment the sayd Iohn Lord Finch then Lord Chiefe Iustice of his Majesties Court of Common Pleas and was one of the Iudges assistants for them he continued by further unlawfull and unjust practices to maintaine and confirme the said verdict and did then and there being assistant to the Iustice in Eyre advise the refusal of the traverse offered by the County and all their evidences but onely what they should verbally deliver which was refused accordingly IV. That hee about the Moneth of November 1635. hee being then Lord Chiefe Iustice of the Common Pleas and having taken an oath for the due administration of Iustice to his Majesties Liege people according to the Lawes and statutes of the Realme contrived in opinion in haec verba when the good and safety c. and did subscribe his name to that opinion and by perswasions threats and false suggestions did solicite and procure Sir Iohn Bramstone Knight then and now Lord Chiefe Iustice of England Sir Humfrey Davenport Knight Lord chiefe Baron of his Majesties Court of Exchequer Sir Richard Hutton Knight late one of the Iustices of his Majesties Court of Common Pleas Sir Iohn Denham Knight late one of the Barons of his Majesties Court of Exchequer Sir William lones Knight late one of the Iustices of the said Court of Kings Bench Sir George Crock then and now one of the Iudges of the said Court of Kings Bench Sir Thomas Trevor Knight then and now one of the Barons of the Exchequer Sir George Vernon Knight late one of the Iustices of the said Court of Common Pleas Sir Robert Barkley Knight then and now one of the Iustices of the said Court of Kings Bench Sir Francis Crawly Knight then and now one of the Justices of the said Court of Common Pleas Sir Richard Weston Knight then and now one of the Barons of the said Court of Exchequer some or one of them to subscribe with their names the said opinion presently and enjoyned them severally some or one of them secresâ— upon their allegeance V. That he the fifth day of Iune then being Lord Chiefe Iustice of the said Court of Common Pleas subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba c. And that he contrived the said questions and procured the said Letter from his Majesty and whereas the said Iustice Hutton and Iustice Crook declared to him their opinions to the contrary yet hee required and pressed them to subscribe upon his promise that hee would let his Majesty know the truth of their opinions notwithstanding such subscriptions which neverthelesse he did not make knowne to his Majestie but delivered the same to his Majesty as the opinion of all the Iudges VI. That hee being Lord Chiefe Iustice of the said Court of Common Pleas delivered his opinion in the Chequer Chamber against Master Hampden in the case of Ship-money that hee the said Master Hampdâ—n upon the matter and substance of the case was chargeable with the money then in question a Coppy of which proceedings the Commons will deliver to your Lordships and did solicite and threaten the said sudges some or one of them to deliver their opinions in like manner against Master Hampden and after the said Baron Denham had delivered his opinion for Master Hampden the said Lord Finch repaired purposely to the said Baron Denhams Chamber in Serjeants Inne in Fleetstreet and after the said Master Baron Denham had declared and expressed his opinion urged him to retract the said opinion which hee refusing was threatned by the said Lord Finch because hee refused VII That hee then being Lord chiefe Justice of the Court of Common Pleas declared and published in the Exchequer Chamber and westerne circuit where he went Judge that the Kings right to Ship-money as aforesaid was so inherent a right to the Crowne as an Act of Parliament could not take it away and with divers malicious speeches inveighed against and threatned all such as refused to pay Ship-money all which opinions contained in the foure five sixth Articles are against the Law of the Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of right which said resolutions and petition of right were well knowne to him and resolved and enacted in Parliament when he was Speaker of the Commons house of Parliament VIII That hee being Lord chiefe Justice of the Court of Common Pleas did take the generall practice of that Court to his private Chamber and that hee sent warrants into all or many shires of England to severall men as to Francis Giles of the County of Devon Rebert Renson of the County of Yorke Attorneys of that Court and to divers others to release all persons arrested on any utlawry about 40. shillings fees whereas none by Law so arrested can be bailed or released without Supersedeas under seale or reversall IX That hee being Lord Chiefe Iustice of the Court of Common pleas upon a pretended suit begun in Michaelmas Terme in the 11. yeare of his Majesties Reigne although there was no plaint or Declaration against him did notoriously and contrary to all Law and Iustice by threats menaces and imprisonment compell Thomas Laurence an Executor to pay 19 pound 12 shillings and likewise caused Richard Bernard being onely over-seer of the last Will of that Testator to bee arrested for the payment of the said Money contrary to the advice of the rest of the Iudges of that Court and against thâ— knâ—wne and ordinary course of Iustice and his said Oath and knowledge and denyed his Majesties Subjects the common and ordinary Iustice of this Realme as to Mr. Liâ—â—rick and others and for his private benefit endammaged and ruined the estates of very many of his Majesties Subjects contrary to his oath and knowledge X. That hee being Lord Keeper of the great Seale of England and sworne one of his Majesties Privie Counsell did by false and malicious slanders labour to incense his Majestie against Parliaments and did frame and advise the publishing the Declaration after the dissolution of the last Parliament All which Treasons and misdemeanors above mentioned were done and committed by the said Iohn Lord Finch Baron of Fordwich Lord Keeper of the great Seale of England and thereby he the aforesaid Finch hath trayterously and contrary to his allegiance laboured to lay Imputations and Scandalls upon his Majesties government and to alienate the hearts of his Majesties liege people from his Majestie and to set a division betweene them and to ruine and destroy his Majesties Realme of England for which they doe impeach him the said Lord Finch Baron of Fordwich Lord Keeper of the Great Seale of England of high Treason against our Soveraigne Lord the King his Crowne and Dignity of the misdemeanours above mentioned And the said Commons by Protestation saving to themselves the libertie of exhibiting at any time
hereafter any other accusation or impeachmens against the said Lord Finch and also of replying to the answer that the said Iohn Lord Finch shall make unto the said Articles or to any of them and of affering proofe of the premisses or any of their impeachments or accusations that shall be exhibited by them as the case shall according to the course of Parliaments require doe pray that the said Iohn Lord Finch Baron of Ford wich Lord Keeper of the Great Seale of England may be put to answer to all and every of the premisses and such proceedings examinations tryalls and judgements as may be upon every of them bad and used as is agreeable to Law and Iustice. The Lord FAULKLANDS second Speech Made the 14. of January after the reading of the Articles against the Lord FINCH THese Articles against my Lord Finch being read I may bee bold to apply that of the Poet Nil refert tales versus qua voce legantur and I doubt not but your Lordships must be of the same opinion of which the House of Commons appeares to have beene by the choyce they have made of me that the charge I have brought is such as needs no assistance from the bringer leaving not so much as the colour of a colour for any defence including all possible evidence and all possible aggravation that addition alone excepted which he alone could make and hath made I meane his Confession Included in his flight Here are many and mighty Crimes Crimes of Supererogation So that high Treason is but a part of his Charge pursuing him fervently in every severall condition being a silent Speaker an unjust Iudge and an unconscionable Keeper That his life appeares a perpetuall Warfare by Mines and by Battery by Batteil and by Stratagem against our fundamentall Lawes which by his own confession severall Conquests had left untoucht against the excellent constitution of this Kingdome which hath made it appeare unto strangers rather an Idea than a reall Common-wealth and produced the honour and happinesse of this to be a wonder of every other Nation and this wiâ—h unfortunate successe that as he alwayes intended to make our Ruines a ground of his advancement so his advancement the meanes of our further ruine After that contrary to the further end of his place and the end of that meeting in which he held his place hee had as it were gagg'd the Common-Wealth taking away to his power all power of Speech from that body of which he ought to have beene the Mouth and which alone can perfectly represent the condition of the people whom that onely represent which if he had not done in all probability what so grave and judicious an Assembly might have offered to the consideration of so gracious and just a Prince had occasioned the redresse of the grievances they then suffered and prevented those which we have since endured according to the ancient Maxime of Odisse quos laeferis he pursued this offence towards the Parliament by inveighing against the Members by scandalizing their proceedings by trampling upon their Acts and Declarations by usurping and devolving the right by diminishing abrogating the power both of that other Parliaments making them as much as in him say both uselesse and odious to his Majesty and pursued his hatred to this fountain of Iustice by corrupting the streames of it the Lawes and perverting the Conduit Pipes the Iudges He practiced the annibilating of Ancient and Notorious perambulations of particular Forrests the better to prepare himselfe to annihilate the Ancient and Notorious perambulation of the whole Kingdome the meeres and bounders betweene the liberties of the Subject and Soveraigne power he endeauoured to have all tenures in durante bene placito to bring all Law from his Majesties Courts into his Majesties brest he gave our goods to the King our lands to the Deere our liberties to his Sheriffes so that there was no way by which wee had not beene opprest and destroyed if the power of this person had beene equall with his will Or that the will of his Majestie had beene equall to his power He not onely by this meanes made us lyable to all the effect of an Invasion from within and by destruction of our Liberties which included the destruction of our propriety which included the destruction of our Industry made us lyable to the terriblest of all Invasions that of want and poverty So that if what hee plotted had taken Root and he made it as sure as his Declaration could make it what himselfe was not Parliament proofe in this wealthy and happy Kingdome there could have beene left no aboundance but of grievances and discontentment no satisfaction but amongst the guilty It is generally observed of the plague that the infection of others is an earnest and constant desire of all that are seized by it and as this designe resembles that disease in the ruine destruction and desolation it would have wrought so it seemes no lesse like it in this effect he having so laboured to make others share in that guilt that his solicitation was not onely his action but his workes making use both of his Authority his Interest and Importunity to perswade and in his Majesties Name whose Piety is knowne to give that Excellent prerogative to his person that the Law gives to his place not to be able to doe wrong to threaten the rest of the Iudges to signe opinions contrary to Law to assigne answers contrary to their opinions to give Iudgement which they ought not to have given and to recant Iudgement when they had given as they ought so that whosoever considers his care of and concernment both in the growth and the immortality of this project cannot but by the same way by which the wisest judgment found the true mother of the Child discover him not onely to have beene the Fosterer but the Father of this most pernicious and envious designe I shall not need to observe that this was plotted and pursued by an English man against England which encreaseth the Crime in no lesse degree than parricide is beyond Murther that this was done in the greatest matter joyned to the greatest Bond being against the generall liberty and publike propriety by a sworne Iudge and if that salt it selfe because unsavory the Gospell it selfe hath design'd whither it must be cast that he poysoned our very Antidotes and turned our Guard into a destruction making Law the ground of illegalitie that he used this Law not onely against us but against it selfe making it as I may say Felo de se making the pretence for I can scarce say the appearance of it so to contribute the utter ruine of it selfe I shall not need to say that either this or more can be of the highest kinde and in the highest degree of Parliamentary Treason a Treason which need not a computation of many severall actions which alone were not Treason to prove a Treason altogether and by
their office then is to governe But in my opinion they governe worse than they Preach though they preach not at all for wee see to what passe their government hath brought us In conformity to themselves They silence others also though Hierom in one of his Epistles saith that even a Bishop let him be of never so blamelesse a life yet he doth more hurt by by his licence then he can doe good by his example Mr. Speaker It now behooves us to restraine the Bishops to the duties of their Function as they may never more hanker after heterogeneous extravagant employments Not be so absolute so single and solitary in actions of Moment as Excommunication Absolution Ordination and the like but to joyne some of the Ministry with them and further to regulate them according to the usage of Ancient Churches in the best times that by a well-temper'd Government they may not have power hereafter to corrupt the Church to undoe the Kingdome When they are thus circumscribed and the publique secur'd from their Eruptions then shall not I grudge them a liberall plentifull subsistence else I am sure they can nevâ—â— be given to Hospitality Although the calling of the Clergie be all glorious within yet if they have not a large considerable outward support they cannot be freed from vulgar Contempt It will alwaies be fit that the flourishing of the Church should hold proportion with the flourishing of the Common-wealth wherein it is If we dwell in houses of Ceaar why should they dwell in skins And I hope I shall never see a good Bishop left worse than a Parson without a Gleab Certainly Sir this superintendencie of eminent men Bishops over divers Churches is the most Primitive the most spreading the most lasting Government of the Church Wherefore whilest we are earnest to take away Innovations let us beware wee bring not in the greatest Innovation that ever was in England I doe very well know what very many doe very servently desire But let us well bethinke our selves whether a popular Democraticall Government of the Church though fit for other places will be either sutable or acceptable to a Regall Monarchicall Government of the State Every man can say It is so common and knowne a Truth that suddaine and great changes both in naturall and Politick bodies have dangerous opperations and give mee leave to say that we cannot presently see to the end of such a consequence especially in so great a Kingdome as this and where Episcopacie is so wrap'd and involv'd in the Lawes of it Wherefore Mr. Speaker my humble Motion is that we may punish the present offenders reduce and preserve the Calling for better men hereafter Let us remember with fresh thankfulnesse to God those glorious Martyr-Bishops who were burn'd for our Religion in the times of Popery who by their learning zeale and constancy upheld and convey'd it downe to us We have some good Bishops still who doe Preach every Lords Day and are therefore worthy of double honour they have suffered enough already in the Disease I shall bee sorry we should make them suffer more in the Remedy 〈…〉 A message delivered from the Commons to the Lords of the Vpper House in Parliament by Mr. Pym Novemb. 11. 1640. My Lords THe Knights Citizens and Burgesses now assembled for the Commons in Parliament have received information of divers traiterous designes and practices of a great Peere of this House and by vertue of a command from them I doe here in the name of the Commons now assembled in Parliament and in the name of all the Commons of England accuse Thomas Earle of Strafford Lo. Lieutenant of Ireland of high Treason and they have commanded me further to desire your Lordships that he may be sequestred from Parliament and forthwith committed to prison They have further commanded mee to let you know that they will within a very few dayes resort to your Lordships with the particular Articles and grounds of this accusation And they doe further desire that your Lordships will thinke upon some convenient and fit way that the passage betwixt England and Ireland for his Majesties subjects of both Kingdomes may be free notwithstanding any restraint to the contrarie The Lord Lieutenant being required to withdraw and after a debate thereof called in kneeled at the Bar and after standing up the L. Keeper spake as followeth My Lord of Strafford THe House of Commons in their owne name and in the name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of high treason The articles they will within a very few dayes produce In the meane time they have desired of my Lords and may Lords have accordingly resolved that your Lordship shall be committed to safe custody to the Gentleman Vsher and be sequestred from the House till your Lordship shall cleare your selfe of the accusations that shall be laid against you Articles of the Commons assembled in Parliament against Thomas Earle of Strafford in maintenance of his accusation whereby he stands charged of High Treason 1. THat he the said Thomas Earle of Strafford hath traiterously endevoured to subvert the fundamentall Lawes and government of the Realmes of England and Ireland and in stead thereof to introduce on Arbitrary and Tyrannicall Government against Law which hee hath declared by traiterous words counsels and actions and by giving his Majestie advice by force of Armes to compell his loyall Subjects to submit thereunto 2. That hee hath traiterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties Subjectâ— in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties Liege people 3. That the better to enrich and enable himselfe to goe thorow with his traiterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majestie was necessitated for his owne urgent occasions and his Army had beene a long time unpaid 4. That he hath traiterously abused the power and authoritie of his government to the encreasing countenancing and encouraging of Papists that so hee might settle a mutuall dependance and confidence betwixt himselfe and that partie and by their help prosecute and accomplish his malicious and tyrannicall designes 5. That hee hath maliciously endevoured to stir up enmitie and hostilitie between his Majesties subjects of England and those of Scotland 6. That he hath traiterously broken the great trust reposed in him by his Majestie of Lieutenant Generall of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Towne of New-Castle into their hands to the end that by the effusion of bloud by dishonour and so great a losse of New-Castle his Majesties
Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots 7. That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentarie proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majestie to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crown and dignitie 8. And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant Generall of the Army there viz. His most excellent Majestie for his Kingdomes both of England and Ireland and the L. President of the North during the time that all and everie the crimes and offences before set forth were done and committed and hee the said Earle was Lieutenant Generall of all his Majesties army in the North parts of England during the time that the crimes and offences in the fifth and sixth articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the libertie of exhibiting at any time here after any other accusation or impeachment against the said Earle and also of replying to the answers that hee the said Earle shall make unto the said articles or to any of them and of offering proves also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may be put to answer for all and every the premisses that such proceedings examinations trials and judgements may be upon everie of them had and used as is agreeable to Law and Iustice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640 WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth c. 1. That he the said Earle of Strafford the 21. day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said Earle being president of the said Counsell on the 21. day of March a Commission under the great Seal of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suits debates controversies and demaunds causes things and matters whatsoever therein contained and within certaine precincts in the said Northerne parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said instructions it is directed that the said President and others therein appointed shall heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions it is diâ—ected that the said president and others therein appointed have power to examine heare and determine according to the course of proceedings in the Court of Chancery al manner of complaints for any matter within the said precincts as well concerning lands tenements and hereditaments either free-hold customary or coppy-holde as Leases and oter things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and meanes as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practise such Instructions nor haâ— they any such Instructions yet the said Earle in the moreth of May in the said 8. yeare and divers years following did put in practise exercise and use and caused to be used and put in practise the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did disin-herit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Conier Darcy Sir Iohn Bourcher and divers others against the Lawes and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earle And he the said Earle to the intent that such illegall unjust power might be exercised with the greater licence and will did advise Counsell procure further directions in and by the said instructions to be given tha nâ— prohibition he granted at all but in cases where the said Counsell shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party performe the Decree and Order of the said Counsell And the said Earle in the 13. yeare of his now Majesties Reigne did procure a new Commission to himselfe and others therein appointed with the said Instructions and other unlawfull additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earle of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 yeare of his now Majesties Reigne to wit the last day of August then next following he the said Earle to bring his Majesties liege people into a dislike of his Majestie and of his Governement and to terrifie the Iustices of the Peace from executing of the Lawes He the said Earle beeing then President as aforesaid and a Iustice of Peace did publiquely at the Assises held for the County of Yorke in the City of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to the Law in the presence of the Iustices sitting That some of the Justices were all for Law but they should finde that the Kings little finger should be heavier then the loynes of the Law 3. That the Realme of Ireland having been time out of minde anne xed to the Imperiall Crowne of England and governed by the same Lawes The said Earle being Lord Deputy of that Realme to bring his Majesties liege people of that Kingdome likewise into distike of his
ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the fundamentall Laws of this Kingdome And shortly after the said Earle of Strafford returned into England and to sundry persons declared his opinion to be that his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levie what he needed and that he should bee acquitted both of God and man hee tooke some other courses to supply himselfe though it were against the will of his Subjects 23. That upon the thirteenth day of Aprill last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of of this Kingdome both in respect of Religion and the publike libertie of the Kingdome and his Majestie referring chiefly to the Earle of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earle of Strafford with the asistance of the said Archbishop did procure his Majesty by sundry speeches and messages to urge the said Commons house to enter into some resolution for his Majesties supply for maintenance of his warre against his Subjects of Scotlaâ—d before any course was taken for the reliefe of the great and pressing grievances wherewith this Kingdome was then afflicted Whereupon a demand was then made from his Majesty of 12. Subsidies for the release of ship-money onely and while the said Commons then assembled with expressions of great affection to his Majestie and his service were in debate and consideration of some supply before resolution by them made he the said Earle of Strafford with the helpe and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the 5. day of May last and upon the same day the said Earle of Strafford did treacherously falsely and maliciously endeavour to incense his Majesty against his loving faithfull Subjects who had been members of the said house of Commons by telling his Majesty they had denyed to supply him And afterward upon the same did treacherously and wickedly counsell and advise his Majesty to this effects viz. that having tryed the affections of his people he was loose and absolved from all rules of government and was to doe every thing that power would admit and that his Majesty had tryed all ways and was refused and should be acquitted both of God and man that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdome to obedience 24 That in the same month of May he the said Earl of Strafford falsly treacherously and maliciously published and declared before others of his Majesties Privie Counsell that the Parliament of England had forsaken the King and that in denying to supply the King they had given him the advantage to supply himselfe by other wayes and divers other times he did maliciously wickedly and falsely publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usuall way the King might provide for the Kingdome in such waies as he should hold fit and that he was not to suffer himselfe to be mastered by the frowardnesse of the people And having so maliciously slandered the said house of Commons he did with the helpe and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the great Seal of England cause to be printed and published in his Majesties name a false and scandalous book entituled his Majesties Declaration of the causes that mooved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said house of Commons 25 That not long after the dissolution of the said last Parliament viz. In the moneths of May and Iune he the Earle of Strafford did advise the King to goe on rigorously in leavying the Ship-money and did procure the Sheriffes of severall Countries to be sent for for not leavying the Ship-money divers of which were threatned by him to be sued in the Starre-Chamber and afterwards by his advice were sued in the Star-chamber for not leavying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegall payments And a great loane of a hundred thousand pounds was demanded of the City of London and the Lord Major and the Aldermen and the Sheriffes of the said City were often sent for by his advice to the Councell Table to give an account of their proceedings in raising of Ship-money and furthering of that loane and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to doe he the said Earle of Strafford did use these or the like speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and they were laid by the heeles and some of the Aldermen hanged up 26 That the said Earle of Strafford by his wicked Counsell having brought his Majesty into excessive charges without any just cause he did in the month of Iuly last for the support of the said great charges counsell and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the money in the Mint And to imbase his Majesties Coyne with the mixtures of Brasse And accordingly we procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to bee seized on and stayed to his Majesties use And when divert Merchans of London owners of the said Bullion came to his house to let him understand the great mischiefe that course would produce here and in other parts what prejudice it would bee to the Kingdome by discrediting the Mint and hindring the importation of Ballion hee the said Earle told them that the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to helpe the Rebell than to helpe his Majesty and that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their occasions And when in the same Moneth of Iuly the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money hee told them that the French King did use to send Commissaries of Horse with Commission to search into mens estates and to peruse their accounts so that they may know what to levie of them by force which they did accordingly leavie and turning
it like a busie angry Waspe his sting is in the tayle of every thing wee have likewise this day heard the report of the conference yesterday and in it the accusation which the Scottish Nation hath charged him withall and we doe all know he is guilty of the same if not more herein this Kingdome Master Speaker hee hath beene the great and common enemie of all goodnesse and good men and it is not safe that such a Viper should be neare his Majesties person to distill his poyson into his sacred eares nor is it safe for the Common-wealth that he sit in so eminent a place of government being thus accused wee know what we did in the Earle of Straffords case this man is the corrupt fountaine that hath infected all the streames and till the Fountaine be purged we can never expect or hope to have cleare channels I shall be therefore bold to offer my opinion and if Jerre it is the error of my judgement and not my want of zeale and affection to the publique good I conceive it is most necessary and fit that we should now take up a resolution to doe somwhat to strike while the iron is hot and to goe up to the Lords in the names of the Commons of this House and in the names of the Commons of England and to accuse him of high Treason and to desire their Lordships his person may be sequested and that in convenient time wee may bring up his charge FINIS A Message sent from the Queenes Majestie to the House of Commons by Mr. Comptroller 5o. Febr. 1640. THat her Majestie hath beene ready to use her best endeavours for the removing of all misunderstanding between the King and people That at the request of the Lords who petitioned the King for a Parliament her Majestie at that time writ effectually to the King and sent a Gentleman expresly to perswade the King to the holding of a Parliament That shee hath since beene most willing to doe all good Offices betweene the King and his People which is not unknowne to divers of the Lords and so shall ever continue to doe as judging it the onely way of happinesse to the King her selfe and Kingdome That all things be justly setled betweene the King and his people and all cause of misunderstanding taken away and removed That her Majestie having taken a knowledge that having one sent to her from the Pope is distastfull to this Kingdome She is desirous to give satisfaction to the Parliament which is convenient time shee will doe and remove him out of the Kingdome That understanding likewise that Exception had beene taken to the great resort to the Chappell of Denmark House shee will be carefull not to exceed that which is convenient and necessary for the Exercise of her Religion Shee further taketh notice that the Parliament is not satisfied with the manner of raising mony for the assistance of the King in his Journey to the North in the yeare 1639 at her entreaty from the Catholiques Shee was moved thereunto meerely out of her deere and tender affection to the King and of the Example of other his Majesties Subjects She seeing the like forwardnesse shee could not but expresse her forwardnesse to the assistance of the King If any thing be illegall shee was ignorant of the Law and was carried therein onely out of a great desire to be assisting to the King in so pressing an occasion but promiseth to be more cautious hereafter not to doe any thing but may stand with the established Lawes of the Kingdome Her Majestie being desirous to imploy her whole power to unite the King and people desireth the Parliament to looke forwards and passe by such mistakes and errors of her Servants as may be formerly committed And this your respect shee promiseth shall be repayed with all the good Offices shee can doe to the House which you shall finde with reall effects as often as there shall be occasion FINIS The Report of the Kings Message by the Lords to the House of Commons January 25. 1640. THat the occasion of his Majesties taking knowledge of the Conviction of John Goodman the Priest lately reprived was upon the constant order that hath been taken for divers yeares that the Recorder hath at the end of every Sessions attended his Majestie with the names of the persons convicted with an expression of their offences to the end that his Majestie might be truly enformed of the Natures of their Crimes and consequently not to be enduced by information to reprive such as were fit for grace and mercy And thereupon that he was lately Condemned for being in order of a Priest meerely and was acquited of the Charge of perverting the Kings people in their beliefe and had never beene Condemned or Banished before His Majestie is tender in matter of blood in Cases of this nature In which Queene Elizabeth and King James have beene often mercifull but to secure his people that this man shall doe no more hurt Hee is willing that he be imprisoned or banished as their Lordships shall advise And if he returne into the Kingdome to be put to Execution without delay And Hee will take such fit course for the expulsion of other Priests and Jesuites as Hee shall be councelled unto by your Lordships And that Hee doth not intend by this particular Mercie to lessen the force of the Lawes FINIS SIR THOMAS ROE his Speech in Parliament 1640. IT is a generall opinion that the trade of England was never greater and it may be true that if it be so yet it will not absolutely conclude that the Kingdome doth increase in riches for the Trade may by very aboundant and yet by consumption and importance of more then is expected the stocke may waste The Ballance would be a true solution of the Question if it could be rightly had but by reason it must be made up by a Medium of the Books of Rates it will be very uncertaine Therefore we must seeke another rule that is more sensible upon which wee may all judge and that may be by the plenty or scarcity of money for it is a true rule If money increase the Kingdome doth gaine by Trade if it be scarce it loseth Let us therefore consider first whether our Gold and Silver be not decreased and then by what meanes it is drayned and lastly how it may be prevented and what Remedies are appliable to effect it It is out of doubt our Gold is gone to travaile without Licence that is visible beyond Seas and every receiver of summes of money must find it privately and I feare the same of Silver for observing the species of late Coyning many halfe Crownes were stamped which are no more to be seene and by this measure I conclude the Kingdome growes poore The causes of this decay of Money may be many It may be stolne out for profit going much higher beyond Seas especially in France and Holland Much hath been
as great Returnes betweene Dansick and Naples as the value of our Cloth which is one million yearely and this in a due place I desire should have his due weight and consideration We have one helpe more if we knew how to use it that is by the new drained Lands in the Fens most fit for Flax and Hempe to make all sorts of Linnen for the body for the house and sayles for ships that is a Dutch and French Trade but in Holland one Acre of Ground is rented at three pounds which if the Hollanders may have in the Fens for 10. s. or 12. s. it will bee easie to draw the manufacture into England which will set infinite people aworke and we may be able to serve other Nations with that which we buy deare from them and then the state and Kingdome will be happy and rich when the Kings customes shall depend upon commodities exported and those able to returne all things which wee want and then our money must stay within our Kingdome and all the trade returne in money To incourage you to this I give you one Example That if the severall sorts of Callicoes made of Cotton-Woolls in the Moguls and Dans Dominions doth cloathe from head to foot all Asia a part of Europe Aegypt much of Africa and the Easterne Islands as farre as Sumatra which makes that Prince without Mines the richest Prince in the world by his Majesties Grace and Priviledges granted to the Dutch I am confident wee may make an undersell in all Linnen cloath in all the Nations in Europe But I have now wandred far from my Theme which was the decay of Trade and of Woollen commodity I must first therefore present to your consideration the causes thereof in my observations whereof some are internall and some externall The internall have proceeded from her owne false making as stretching and such like practises whereby indeed our Cloath is discredited I speake by experience from Dansick and Holland Northward to Constantinople as I will instance in due time This false Lucre of our owne and the interruption in the dying and dressing projected and not overcome gave the first wound though could it have been compassed it had doubled the value of our Commodity This hath caused the Dutch Silesians and Venetians to attempt the making of Cloath and now by experience as I am informed the halfe is not vented that was in the former Age. Another internall cause hath risen from such Impositions as hath made our cloth too deare abroad and consequently taught others to provide for themselves Another internall cause hath sprung from pressaries upon tender Consciences that many of our Clothiers and others have forsaken the Kingdome and carried their Arts with them to the unexpressible detriment of the Common-wealth The externall causes have beene the want of perfection and countenance to our Merchants established abroad in Factories by the State and by the Treaties whereby the Capitulations have not beene kept nor assured unto them neither in Prussia nor in the Sound nor Hamburgh nor Holland nor in the East And this I dare say that Laban never changed Jacobs wages so often as the Hollanders have forced our Merchants to change their residences and the very course of this Trade by Lawes and Tricks for their own advantage of which the Merchant-adventurers will more fully informe you Another externall cause is lamentable Report the increase of the Pyrates and the insecurity of the Mediterranean Seas whereby Bristow and the Westerne Ports that cannot have so great shipping as London are beaten out of Trade and fishing and if once those Theeves shall find the way to Banke and new-found Land they will undoe the West parts of England I will trouble you with a Consideration very considerable in our Government Whether indeed London doth not monopolize all Trade In my opinion it is no good state of a body to have a fat Head thin Guts and leane Members But to bring something before you of Remedy I say thus for my first ground That if our Cloth be not vented as in former yeares let us imbrace some other way to spend and vent our Wools. Cloth is a heavy and hot wearing and serves but one cold corner of the World But if we imbrace the new Draperies and encourage the Wallons and others by Priviledges and Naturalizations wee shall imploy all the wooll wee have set more people a worke then by Cloth and a pound of wooll in those stuffes true made will out-sell two pounds in Cloth And thus wee may supply France Italy Spain Barbary and some parts of Asia by such light and fine stuffes as will fit those warmen Regions and et have sufficient for the cold Clymates to be spent and adventured in true made Cloth by the reputation both of our Nation and commodity But in this course I must observe that these strangers so fit to be nourished and being Protestants may have priviledges to use their owne rights in Religion so as they be not scandalous as the Dutch and French had granted unto them by Queen Elizabeth And certainly the setling of Religion secure in England the feare whereof made many weake minds to waver and abandon this Countrey is and will be a great meanes to resettle both the great and lesser manufactures of woollen commodities For the externall causes wee must flye to the Sanctuary of his Majesties gracious goodnesse and protection who I am confident when the whole businesse shall be prepared for him and that we have shewed him our duty and love and settled his customs in such a bountifull way as hee may reape his part of the fruit of Trade I am confident I say that he will vouchsafe you all favour fit to be conferred upon good Subjects and not onely protect you abroad by his forces and authority and by treaties with his neighbours but by increasing the priviledges of Merchants at home and confirming all their Charters the breach whereof hath beene a great discouragement unto them and without which duely observed they cannot regulate their Trade There are some particulars in the Spanish Trade perhaps worthy of animadversion as under-selling good commodity to make money or barter for Tobacco to the imbasement of our owne Staple for Smoake which in a due place ought to bee taken into Regulation Another consideration for a ground for Trade ought to be the nature of it with whom and for what wee trade and which Trade is more principally to bee nourished which out of doubt are the Northern Trades which are the root of all other because the materials brought from those parts as from Wx Muscove Norway Prussia and Livonia are fundamentall and of absolute necessity for from these Trades we get the materials of Shipping as Pitch Tarre Cordage Masts and such like which inable us to all the Southerne Trades of themselves of lesse use being onely Wine Fruit Oranges and Curiosities for Sauces or effeminacy but by these we sayle to
make it such as the harme had not beene much if it had beene depressed the most frequent subjects even in the most sacred auditories being the Jus divinum of Bishops and tithes the sacrednesse of the clergie the sacriledge of impropriations the demolishing of puritanisme and propriety the building of the prerogative at Pauls the introduction of such doctrines as admitting them true the truth would not recompence the scandall or of such as were so far false that as Sir Thomas Moore sayes of the Casuists their businesse was not to keepe men from sinning but to enforme them Quam propè ad peccatum sine peccato liceat accedere so it seemed their worke was to try how much of a Papist might bee brought in without Popery and to destroy as much as they could of the Gospell without bringing themselves into danger of being destroyed by the Law Master Speaker to goe yet further some of them have so industriously laboured to deduce themselves from Rome that they have given great suspition that in gratitude they desire to returne thither or at least to meet it halfe way Some have evidently labour'd to bring in an English though not a Roman popery I meane not onely the outside and dresse of it but equally absolute a blind dependance of the people upon the Clergie and of the Clergie upon themselves and have opposed the papacy beyond the sea that they might settle one beyond the water Nay common fame is more then ordinarily false if none of them have found a way to reconcile the opinions of Rome to the preferments of England be so absolutely directly and cordially Papists that it is all that fifteene hundred pounds a yeare can doe to keep them from confessing it Master Speaker I come now to speake of our liberties and considering the great interest these men have had in our common Master and considering how great a good to us they might have made that interest in him if they would have used it to have informed him of our generall sufferings and considering how little of their freedome of Speech at Whitehall might have saved us a great deale of the use wee have now of it in the Parliament-house their not doing this alone were occasion enough for us to accuse them as the betrayers though not as the destroyers of our rights and liberties Though I confesse if they had been onely silent in this particular I had beene silent too But alas they whose Ancestors in the darkest times excommunicated the breakers of Magna charta did now by themselves and their adherents both write preach plot and act against it by encouraging Doctor Beale by preferring Doctor Mannering appearing forward for Monopolies and ship-mony and if any were slow and backeward to comply blasting both them and their preferment with utmost expression of their hatred the title of Puritans Master Speaker wee shall find some of them to have labour'd to exclude both all persons and all causes of the Clergy from the ordinary jurisdiction of the temporall Magistrate and by hindring prohibitions first by apparent power against the Judges and after by secret agreements with them to have taken away the onely legall bound to their arbitrary power and made as it were a conquest upon the common law of the Land which is our common inheritance and after made use of that power to turn their brethren out of their free-holds for not doing that which no law of man required of them to doe and which in their opinions the law of God required of them not to doe Wee shall finde them in generall to have encouraged all the Clergy to suites and to have brought all suites to the Councell-table that having all power in Ecclesiasticall matters they laboured for equall power in Temporall and to dispose as well of every Office as of every Benefice which lost the Clergy much revenew and much reverence whereof the last is never given when it is so asked by encouraging them indiscreetly to exact more of both then was due so that indeed the gaine of their greatnesse extended but to a few of that order though the envy extended upon all We shall find of them to have both kindled blown the common fire of both nations to have both sent and maintained that booke of which the Author no doubt hath long since wish'd with Nero Vtinam nescissem literas and of which more then one Kingdome hath cause to wish that when hee writ that hee had rather burnd a Library though of the value of Ptolomie's We shall finde them to have beene the first and principall cause of the breach I will not say of but since the pacification at Berwike We shall find them to have beene the almost sole abettors of my Lord of Strafford whilest hee was practising upon another Kingdome that manner of government which hee intended to settle in this where he committed so many so mighty and so manifest enormities and oppressions as the like have not beene committed by any Governour in any government since Verres left Sicily And after they had called him over from being Deputy of Ireland to bee in a manner Deputy of England all things here being govern'd by a Juntillo and that Juntillo govern'd by him to have asisted him in the giving of such Councells and the pursuing of such courses as it is a hard and measuring cast whether they were more unwise more unjust or more unfortunate and which had infallibly beene our destruction if by the grace of God their share had not beene as small in the subtilty of Serpents as in the innocency of Doves Master Speaker I have represented no small quantity and no meane degree of guilt and truly I beleeve that wee shall make no little complement to those and no little apologie for those to whom this charge belongs if wee shall lay the faults of the men upon the order of the Bishops upon the Episcopacy I wish we may distinguish betweene those who have beene carried away with the streame and those who have beene the streame that carry'd them betweene those whose proper and naturall motion was towards our ruine and destruction and those who have beene whirl'd about to it contrary to their naturall motion by the force and swinge of superiour Orbes and as I wish wee may distinguish betweene the more and lesse guilty so I yet more wish wee may distinguish betweene the guilty and the innocent Master Speaker I doubt if we consider that if not the first Planters yet the first Spreaders of Christianity and the first and chiefe Defenders of Christianity against Heresies within and Paganisme without both with their inke and with their bloud and the maine conducers to the resurrection of Christianity at least here in the reformation and we owe the light of the Gospell wee now enjoy to the fire they then endur'd for it were all Bishops and that even now in the greatest perfection of that order there are yet some who
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
try the fitnesse of the block and take it up again before he would lay it down for good and all and so he did and before he layd it dow again he told the Executioner that he would give him warning when to strike by stretching forth his hands and then laid down his neck on the block stretching out his hands the Executioner struck off his head at one blow then took the head up in his hands and shewed it to all the people and said God save the King SIXTEENE QVERIES Propounded by the Parliament of Ireland to the Judges of the same Kingdome THat the Judges may set forth and declare whether the Inhabitants of this kingdome be a free people or whether they be to be governed onely by the antient common lawes of England II. Whether the Judges of the Land doe take the Oath of Judges and if so whether under pretext of any Acts of State Proclamation Writ Letter or direction under the great or privie Seale or privie Signet or Letter oâ—other commandement from the Lord Lieutenant Lord Deputie Justice Justices or other chiefe Governor or Governors of this Kingdome they may hinder stay or delay the suite of any subject or his judgement or execution thereupon if so in what cases and whether if they doe hinder stay or delay such suite judgement or execution what punishment they incurre by the Law for their deviation and transgression therein III. Whether the Kings Majesties privie Counsell either together or with the chiefe Governor or Governors of this Kingdome without him or them be a place of Judicature by the common Lawes where in case between party and party for Debts Trespasses Accounts Covenants possessions and title of Land or any of them and with them may be heard and determined and of what civill Causes they have jurisdiction and by what Law and of what force is their order or Decree in such cases or any of them IV. The like of the chiefe Governors alone V. Whether Grant of Monopolies be warrantable by the Law and of what and in what Cases and how and where and by whom are the Transgessors against such Grantees punishable and whether by Fine and mutilation of Members imprisonment losse and forfeiture of goods or otherwise and which of them VI. In what Cases the Lord Deputie or other chiefe Governors of this Kingdome and Counsell may punish by Fine imprisonment Mutilation of Members Pillory or otherwise they may sentence any to such the same or the like punishment for infrigeing the commands of any Proclamation or Monopolie and what punishment doe they incurre that doevote for the same VII Of what force is an Act of state or Proclamation in this Kingdome to bind the liberty goods possessions or inheritance of the natives thereof whether they or any of them can alter the common Law or the infringers of them lose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State or Proclamation or both and what punishment doe the sworne Judges of the Law that are privie Counsellors incurre that vote for such Act and execution of it VIII Whether the subjects of this Kingdome be subiect to the Marshall Law and whether any man in time of peace no enemy being in the fields with displayed colours can be sentenced to Death if so by whom and in what cases if not what punishment doe they incurre that in time of peace execute Marshall Law IX Whether voluntary Oathes taken freely before Arbitrators or others for affirmance or disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or in any other Court and why and wherefore X. Why and by what Law and upon what Rule of policie is it that none is admitted to reducement in the Castle-chamber untill he confesse the offence for which he is censured when as Revera he might be innocent therof though subordined proofes or circumstances might induce him to be censured XI Whether the Judges of the Kings Bench and by what law doe or can deny the copies of Indictments of Fellony or Tyeason to the parties accused of Treason contrary to the statute of 42. Edw. 3. XII Whether the statute of Baltinglase take from the Subiâ—cts out-lawed for Treason though erroniously the benefit of his Writ of Error and how and by what meanes that blinâ— clause not warranted by the body of that Act came to be interted and by what Law is it countenanced to the diminution of the liberty of the subject XIII What power have the Barons and the Court of Exchequer to raise the respite of homage Arbitrarily to what value they please and to what value they may raise it and by what law they may distinguish betweene respite of homage upon the diversities of the true value of the Fees when as all Escuage is the same for great and small Fees and they apportionable by Parliament XIIII Whether it 's censurable in the subjects of this Kingdome to repaire into England to appeale to his Majesty for Redresse of Jnjuries or for other their accusers if so why and in what condition of persons and by what law XV. Whether Deanes and other Dignitanies of Cathedrall Churches be properly de mero jure donative by this King or not elective or collative if so why and by what law and whether the confirmation of a Deane de facto of the Bishops Grantee be good and valid in the law or no if not by what law XVI Whether the issuing of Quo Warranto's against Burroughes that antiently and recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament be legall CAPTAINE AVDLEY MERVINS SPEECH To the House of Commons in Ireland Mr. Speaker IT was equall care and policy in our Predecessours First to lay a foundation and then by a continued industry to build and perfect so glorious a fabrique as the house of Commons lawfull summoned by the Kings writ represents it selfe unto us at this day In which so elaborate and exquisite a structure being finished and crowned with those fruitfull and peace-speaking events may challenge by right the title of a Jubile To so great a modell with neate and provident husbandry they intend no lesse then sutable furniture which allowed pride disdaine to cloath it with any other but with what by his Majesties favour they had procured out of his owne store I meane those great and large priviledges which by severall acts of royall favor have bin dispensed annexed nay hypostatically united to the same Priviledges are the soule by which we move the Sinnes and Nerves by which we are compacted they are them by which we breath Priviledges for their birth allyed to the Kings Prerogative for their antiquity sacred for their strength so re-intrenched by common law fortified by statutes insconsed by precedents of all times that no man ever attempted their violation with impunity so that now and then it may be truly said The Kings
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
Petitioners do most heartily bemone that his Maiesties services and profits are much more impaired than advanced by the grievances aforesaid And the Subsidies granted in the last Parliament having much increased his Maiesties Revenue by the buying in of Grants and otherwise and that all his Maiesties debts then due in this Kingdome were satisfied out of the sayd Subsidies and yet his Maiesty is of late as your Petitioners have beene inform'd in the House of Commons become indebted in this Kingdome in great sums and they do therefore humbly beseech that an exact account may be sent to his Maiesty how and in what manner his treasure issued XII Twelfthly the Petitioners do humbly coâ—ceive great and iust fears at a Proclamation published in this Kingdome in Anno Dom. 1635. prohibiting men of quality or estate for to depart this Kingdome into England without the Lord Deputies License whereby the Subiects of this Kingdome are hindered and interrupted from free accesse and addresse to his sacred Maiesty and Privie Counsell of England to declare their iust grievances or to obtaine remedie for them in such sort 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 XIII Thirteenthly that of late his Maiesties late Attourny generall hath exhibited informations against many ancient Burroughs of this Kingdome into his Mai sties Court of Exchequer to shew by what warrant the sayd Burroughes who heretofore sent Burgesses to the Parliament should send the sayd Burgesses to the Parliament And thereupon for want of an answer the sayd Priviledge of sending Burgesses was seized by the sayd Court which proceedings were altogether Coram non Judice and contrary to the Lawes and Priviledges of the House of Parliament and if way should be given thereunto might 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 bin deprived of the advice and Counsell of many profitable and good members by means thereof XIV Fourteenthly that by the powerfulnesse of some ministers of State in this Kingdome the Parliament in its members and actions hath not his naturall freedome XV. Fifteenthly that the fees taken in all the Courts of Iustice in this Kingdome both Ecclesiasticall and Civill and by other inferiour Officers and Ministers are so immoderately high that it is an unspeakable burthen to all his Maiesties Subiects of this who are not able to subsist except the same be speedily remedied and reduced to such a moderation as may stand with the condition of this Realme And lastly That the Gentry Merchants and other his Maiesties Subiects of this Kingdome are of late by the grievances and pressures aforesayd and other the like very neere to ruine and destruction And Farmers of Customes Customers Waiters Searchers Clearks of unwarrentable proceedings Pursevants and Gaolers and sundry others very much inriched whereby and by the slow redresse of the Petitioners grievances his Maiesties most faithfull and dutifull people of this Kingdome do conceive great feares that their readinesse approved upon all occasions hath not been of late rightly represented to his Maiesty For Remedy whereof the said Petitioners do humbly and of Right beseech your Lordship that the grievances and pressures may be speedily redressed And if your Lordship shall not think sit to afford us present relief therein that your Lordship may admit a select Committee of this House of persons un interessed in the benefit arising the aforesaid grievances to be licensed by your Lordship to repaire to his sacred Maiesty in England for to pursue the same and to obtain fitting Remedies for their aforesaid and other iust grievances and oppressions and upon all iust and honorable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their utmost indeavours to serve his Maiesty and comply with his Royall and Princely occasions And shall pray c. A Speech against the Judges per Ignotum quendam Mr. Speaker IT was a custome among the Romans who as by their power they once gave laws so by the happy successe of their long flourishing Government might they well give examples to all the world that in their Senates the yongest men spake first partly that they might not have their weaker notions anticipated by the more knowing Senators And partly that the Senate might not be diverted from the mature resolutions of the more ancient by the interposition of the younger men They as all free States ever allowing free members to expresse themselves according to their severall capacities And me thinks 't was a happy Method So your opinions and inclinations of the Assembly being discovered and ripened to resolution by such gradations the sentences of the Sages sounded as Iudgements not orations their wisedome and gravity put a seasonable Period to others perhaps otherwise endlesse discourses Their precedent encourges me who worst may to break the Ice Children can lay their fingers on the Sore point out their pain and Infant Graduates in Parliament may groan out the grievances of a diseased Common-wealth but they must be Doctors in the Art of Government that can apply apt remedies to recover it Mr. Speaker Ancient and approved hath been that parallell of the body politique with the body naturall 'T is the part of their Patients in either distempered to impart freely their griefs to the Physitians of the body or state if they expect a cure This Common-wealth is or should be but one body This house the great Physitian of all our maladies and alas Mr. Speaker of what afflicted part shall we poor Patients complain first Or rather of what shall we not complain Are we not heart-sick Is there in us that which God requires unity purity and singulari y of heart Nay is not Religion the soul of this body so miserably distracted that I speak it with terrour of heart 't is to be feared there is more confusion of religions amongst us then there was of tongues at the subversion of Babell And is it not then high time that we understand one another that we were reduc'd to one Faith one Government Sir Is the Head whole The sear of Government and Justice the Fountain from whose sweet influence all the inferiour members of this body should receive both vigour and motion Nay hath not rather a generall Apoplexy or Palsie taken oâ—shaken all our members Are not some dead Others buried quick Some dismembred all disordered by the diversion of the course of Justice Is the Liver Natures Exchequer open from whose free distribution each limb may receive his proper Nutriment or rather is it not wholly obstructed Our property taken from us So that it may properly be said of us Sic vos non vobis fertis aratra our Ancestors drunk the juyce of their own Vines reap'd and eat the fruit
because there is no mony to buy their Commodities and are become so deare that no sort of victuall is sold but at a double rate And which is hardest of all the Army is stinted by the Articles of Cessation to stay within these two Countyes whose provisions are all spent expecting from time to time the payment of those moneys which were promised for their reliefe and are reduced to such extremity as they must either starve or sore against their will breake their limited bounds unlesse some speedy course bee taken for their more timous payment that so soone as may be the Arreers may be paid And because the continued payment of that monethly summe for reliefe of the Northerne Countreyes is a Burthen to the Kingdome of England our Army is a trouble to the Country where they reside our charges of entertaining our Army besides what is allowed from England is exceeding great And our losses and prejudice through absence and neglect of our affaires not small Therefore that all evills and troubles of both Kingdomes may be removed it is our earnest desire that the Parliament may be pleased to determine the time and manner of Payment of the 300000 l. which they were pleased to grant towards reliefe of their Brethren that there may be no let about this when matters shall be drawing towards an end And that his Majesty and they may give order for Accelerating matters in the treaty that the peace being concluded England may be eased of the burthen of two Armies and we may returne to our owne homes which is our earnest desire Ad. Blaire The Remonstrance of both the Houses of Parliament unto the King delivered by the Lord Keeper January the 29th 1640. May it please your Majesty YOUR loyall Subjects the Lords and Commons now assembled by your Majesties Writ in the high Court of Parliament humbly represent unto your gracious consideration that Jesuits and Priests ordained by authority from the Sea of Rome remaining in this Realme by a Statute made in the 27 year of Queen Elizabeth are declared Traytors and to suffer as Traytors That this law is not so rigorous 27 Eliz. cap. 2. as some apprehend or would have others to beleeve for that it is restrayned to the naturall born Subjects only and doth not extend to any strangers at all That it is enacted in the first year of King James 1 Jac. cap. 4. that all Statutes made in the time of Queen Elizabeth against Priests and Jesuits be put in due and exact execution And for further assurance of the due execution of these laws the Statute of the third year of King James invites men to the discovery of the offenders by rewarding them with a considerable part of the forfeiture of the Recusants estate So that the Statute of Queen Elizabeth is not only approved but by the judgement of severall Parliaments in the time of King James of happy memory adjudged fit and necessary to be put in execution That considering the state and condition of this present time they conceive this law to be more necessary to be put in strict execution then at any time before that for divers weighty and considerable reasons viz. For that by divers Petitions from the severall parts of this Kingdome complaints are made of the great increase of Popery and Superstition and the people call earnestly to have the laws against Recusants put in execution Priests and Jesuits swarme in great abundance in this Kingdome and appeare here with such boldnesse and confidence as if there were no laws against them That it appeares unto the House of Commons by proofe that of late years about the City of London Priests and Jesuits have been discharged out of Prison many of them being condemned of high Treason They are credibly informed that at this present the Pope hath a Nunciâ— or Agent resident in the City and they have a just cause to believe the same to be true The Papists as publiquely and with as much confidence and importunity resort to Masse at Denmark house and St. James and the Embassadors Chappels as others doe to their Parish Churches They conceive the not putting of these Statutes in execution against Priests and Jesuits is a principall cause of increase of Popery That the putting of these laws in execution tendeth not only to the preservation and advancement of the true Religion established in this Kingdome but also the safety of your Majesties person and security of the State Government which were the principall causes of the making of the Laws against Priests and Jesuits as is manifestly declared in the preamble of the laws themselves which are the best interpreters of the mindes of the makers of them And because the words being penned by the advise and wisdome of the whole state are much more full and clear then any particular mans expression can be they were therefore read as they are vouched those of the 27 year of Queen Elizabeth being thus viz. That the Priests and Jesuits come hither not only to draw the Subjects from their true obedience to the Queen but also to stir up Sedition Rebellion and open hostility within the Realme to the great endangering of the safety of her Royall Person and to the utter ruin desolation and overthrow of the whole Kingdom if not timely prevented and the tenor of the words of the third year of King James are in this manner viz. Whereas divers Jesuits and Priests doe withdraw many of his Majesties Subjects from the true service of Almighty God and the Religion established within this Realme to the Romish Religion and from their loyall obedience to his Majestie and have of late secretly perswaded divers Recusants and Papists and encouraged and imboldned them to commit most damnable Treasons tending to the overthrow of the whole State and Common Wealth if God of his goodnesse and mercy had not within few houres of the intended time of the execution thereof revealed and disclosed the same The Houses did further informe that some Jesuits and Priests had been executed in the time of Queen Elizabeth and King James of happy memory and when any of them have received mercy it was in such time and upon such circumstance as that the same might be extended unto them without dangers whereas now of late there hath been a great apprehension of endevours by some ill agents to subvert Religion and at this present both Kingdomes have a generall expectation of a through reformation And there is already found so ill a consequence of the the late reprieve of John Goodman the Priest that the House of Commons having sent to the Citizens of London for their assistance in the advancement of money for the present and necessary supply of his Majesties army and reliefe of the Northern Counties upon this occasion they have absolutely denyed to furnish the same and how far the like discontent may be effused into other parts of the Kingdom to the interruption of
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
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
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
work and businesse of this House of Commons which was never small or mean and now like to be exceeding weighty It is a learned age wherein we live under your Majesties most peacefull government and your House of Commons is not only the representative body but the abstracted quintessence of the whol Communalty of this your noble Realme I most humbly therefore beseech your Majestie as the father of the Commonwealth and hope of the whole nation to whom the care of all our welfares appertains to have respect to your own interest have regard to your House of Commons have compassion upon me the unworthiest member of that body ready to faint with fear before the burthen lights on me I have only a hearty affection to serve you and your people little abilities for performance In the fulnesse therefore of your Royall power your piety goodnesse be gratiously pleased to command the House of Commons to deliberate upon a better choice who may be worthy of their choosing and your Majesties acceptations My Lord Keeper having by his Majesties direction confirmed him as Speaker he addrest himselfe to his Majesty as followeth Most gratious Soveraigne My profession hath taught me that from the highest Judge there lies no writ of error no appeale what then remains but that I first beseech Almighty God the author and finisher of all good works to enable me to discharge honestly and effectually so great a taske so great a trust and in the next place humbly to acknowledge your Majesties favor Some enemies I might feare the common enemy of such services expectation and jealousy I am unworthy the former and I contemn the latter Time the touchstone of truth shall teach the babling world I am and will be found an equall freeman zealous to serve my Soveraign zealous to serve my dearest Country Monarchy Royall of all governments the most illustrious and excellent whether we regard the glory wealth or safety of the governours or people I hope none of this Nation are of Antimonarchicall spirits nor friends to such if there be I wish no greater honour to this Parliament then to discover them and to assist your Majesty to suppresse and confound them To behold your Majesty in peace and safety affords compleat joy to all Loyall Subjects who cannot but conclude with me in this desire Serus in caelum redeas diúque Laetus intersis Populo Britanno England is your seat of residency Scotland is your native place and herein hath the advantage Ireland imitates England by a great and quick progression in civility and conversation in improvement of the soile and plantation France is still attendant on your Royall stile A Kings Prerogative is as needfull as great without which he should want that Majesty which ought to be inseparable from his Crown nor can any danger result thereby to subjects liberties so long as both admit the temperament of Law and Justice specially under such a Prince who to your immortall Honor hath published this to the whole world for your maxime that the peoples liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the peoples liberties Apples of gold in pictures of silver Kings as Kings are never said to Erre only the best may be abused by misinformation this the highest point of Prerogative that the King can doe no wrong if then by the subtilty of misinformers by the specious false pretences of publique good by a cunning and close contrivance of their waies to seduce the Sacred Royall Person it be surprized and overwrought to command contrary to law and be executed accordingly these commands will be void and this King innocent even in his very person and the authors of such misinformations the actors of such abuses stand exposed to just censure having nothing to defend themselves but the colour of a void command made void by just Prerogative and the fundamentall reasons of state Touching justice there is not a more certain signe of an upright Judge then by his patience to be well informed before sentence given and I may boldly say all the Judges in your Kingdome may take example by your Majesty and learn their duties by your practise my selfe have often been a witnesse thereof to my no little admiration From your patience please you give me leave to presse to your righteous judgement and exemplifie it but in one instance When your Lords and people in your last Parliament presented your Majesty a Petition concerning their rights and liberties the Petition being of no small weight your Majesty after mature deliberation in few but most effectuall words soit droict faict come est desire made such an answer as shall renown you for just Judgement to all posterity Let us heartily pray that this Parliament may be famous for the advancement of Sacred Religion and to that end that the most Reverend Prelates sitting on the right hand of your Kingly side be most forward therein to whom it is most proper That the Nobles girt with their swords in their creation and most especially rewarded and honored for actions military call to minde the most renowned Acts of their Ancestors whose lands and honours they inherite and how renowned this Land hath been through the whole World for Art and Armes and labor to restore it to its ancient splendor The best way to preserve peace is to be well fitted for War But were this Nation never so valiant or wealthy if Unity be not among us what good will riches doe us or your Majesty but inrich the conqueror he that commands all hearts by love he onely commands assuredly greatnesse without goodnesse can at best but command bodies It shall therefore be my hearty prayer That such a knot of love may be knit betwixt the Head and members that like Gordius knot it never be loosed That all Jesuited forrain States who look asquint upon our Hierusalem may see themselves defeated of all their subtill plots and combinations of all their wicked hopes and expectations to render us if their mischiefe might take effect a people inconsiderable at home and contemptible abroad Religion hath taught us Si Deus nobiscum quis contra nos and experience I trust will teach us Si sumus inseparabiles sumus insuperabiles It was found and I hope it still shall and will be the Tenet of the House of Commons That the King and peoples good cannot be severed And cursed be every one that goes about to divide them Secretarie Windebankes Letter to my Lord Chamberlain from Callis January 11. MY Lord I ow my selfe to your Lordship for your late favors and therefore much more the account of my self though the debt in either respect be of little consideration and the calling of both may be of greater advantage to you then to continue be Obligation This account had been presented to your Lordship at my first arrivall here with my first dispatches but I was so mortified with my hazardous passage in an open shallop
and so perplext with the thoughts to miseries into which I finde my selfe plunged and besides the departure of the messenger that carried those letters was so suddaine that it was not possible to perform this dutie to your Lordship sooner For the which I do most humbly crave pardon your Lordship may now please to accept the expressions from the saddest and most wounded soule in the whole World who am a spectacle of misery in my selfe in my distressed Wife and Children and in my whole fortunes who have left the attending of my Soveraigne and Master and accesse to the best Prince in the world who am become a scorne and by-word to all the world both at home and abroad a wanderer an Exile from mine own Country now in the declination of my years and likely to end my dayes in a remote Country and far from the comfort of all my friends What I am guilty of none knows so well as his Majesty whom I have served faithfully diligently painfully and with as true and loyall an heart according to my poore abilities as any other whatsoever and if I found my Conscience charged with any crime of basenesse corruption infidelity or any thing else unworthy of a Gentleman I should not venture to addresse these complaints to your Lordship or to any other person of Honour in this disconsolate estate being an object not altogether unworthy of your Lordships compassion be it for no other respect but that I have long served the King and Queens Majesties I doubt not but your Lordship in your generosity and goodnesse will have a lively sense and fâ—â—ling of my sufferings and vouchsafe me such reliefe as in your Honour you may and if my self who by course of Nature cannot be now of long continuance be not considerable I most humbly beseech your Lordship to have pity upon my poore innocent wife and children that they receive such comfort and assistance from you in my absence that they may be preserved from perishing And to that end I most humbly crave your Lordships favour to this Bearer my Sonne and to give him the honour of accesse whensoever he shall make his addresses to you wherein you shall doe a worke of singular charity and because there is an opinion in the world that I have much improved my fortunes by the Romane party and there hath beene some designe by my ministery to introduce Popery into England I shall most humbly crave your Lordships patience in giving me leave to clear those two great misunderstandings which if they were true were sufficient to render me uncapable of his Majesties favours or of the compassion of any person of honour whatsoever For the first it is notorious to all the world that having now served his Majestie in the place of a Secretary above eight years I have not added one foot of Land to the inheritance left me by my father which in Land and Lease was not above 500. pounds per annum a poore and inconsiderable estate for a Secretary and such an one as most Secretaries have more than trebled in a short time for my manner of living it hath been much under the dignity of a Secretary and if I had not been very frugall I could not have subsisted where then this concealed Masse of Treasurie is I wish those that speak so liberally of it would let me know for I doe protest to God I am utterly to seek where to discover it and at this present I am so unfurnished with monies that if his Majestie cause me not to be supplied I am unable to subsist in these parts without exposing my Family in England to the danger of starving and yet neither my purpose nor inclination is to live otherwise here than in the greatest obscurity and closenesse that possibly I may I assure your Lordship that those of the Roman party that passed my hands by his Majesties commandement were poore distressed creatures and farre from being able to inrich me and besides how little I have attended my own private and how freely and like a Gentleman I hope I may speak the truth without ostenation I have done curtesies to all I wish it should rather appeare by the testimonie of such as have made use of my services then by mine own My Father and I have served the Crown of England neare 80. years together in which time if a greater estate had been raised it might well have been justified confidering the great imployments neer the persons of Queen Elizabeth King James and his Majesty that now is we both have had and your Lordship may believe it for I avow it upon the faith of a Christian that it is no more then I have above mentioned and whether there are not many from lesse imployments have risen to be Noblemen and made their fortunes accordingly I leave to the world to judge For the other suspition of my being a favourer or an advancer of Popery I protest before the Almighty God and as I shall answer at the last dreadfull day that I know no ground for the least suspition thereof neither am I my selfe nor is any other to my knowledge guilty of the least thought of any such purpose For my self I received my Baptisme in the Church of England and I know nothing in the Church of Rome that can win me from that Church wherein I was made a Christian I doe therefore hold this Church of England not onely a true and Orthodox Church but the most pure and neer the primitive of any in the Christian world and this I will be ready to seale with my blood whensoever there shall be occasion with this further protestation that if I did not hold it so I would not continue in it for any worldly respects whatsoever For that which hath passed my hands for favor of that party it hath been meerly ministeriall as his Majesty best knows and I must be bold to say that his Majesty hath not been deceived by it but hath received many greater advantages besides that if a Secretary of State should not hold intelligence with the party is absolute to disable him for the service of the State and that hath been done alwaies more or lesse and so must alwaies continue Kings and their Ministers of State have ever had and might ever have a Latitude according to time and occasion and cannot be so tied according to strictnesse of law as others are without perill to the government therefore when the Roman party were practique and busie about the State there was reason to be more strict but now by the wisedome of the Queen and her good Officers they are better tempered lesse severity hath been used it being the prerogative of the Prince to use moderation according to accusation further than this I have not had to doe with the Roman party nor thus far but in obedience to my Masters commandement which I hope shall not be censured a crime this being my condition I most humbly
thee are utterly deleated Many evidences there be in this part of the Communion of the bodily presence of Christ very agreeable to the doctrines taught by his Secretaries which this paper cannot containe They teach us that Christ is received in the Sacrament Corporaliter both objective and subjective Corpus Christi est objectum quod recipitur corpus nostrum subjectum quo recipitur The booke of England abolisheth all that may import the oblation of any unbloudy Sacrifice but here we have besides the Preparatorie oblation of the Elements which is neither to be found in the booke of England now nor in King Edwards booke of old the oblation of the body and bloud of Christ which Bellarmine calleth Sacrificium Laudis quia Deus per illud magnopore laudatur This also agreeth well with their late Doctrine We are ready when it shall be judged convenient and we shall be desired to discover much more matters of this kinde as grounds layd for missa sicca or the halfe masse the private masse without the people of communicating in one kinde Of the consumption by the Priest and consummation of the Sacrifice of receiving the Sacrament in the mouth and not in the hand c. Our Supplications were many against these bookes but Canterbury procured them to be answered with terrible Proclamations We were constrained to use the remedie of Protestation but for our protestations and other lawfull meanes which we used for our deliverance Canterbury procured us to be declared Rebels and Traytors in all the Parish Kirks of England when we were seeking to posseâ—â—e our Religion in peace against these devices and Novations Canterbury kindled warre against us In all these it is knowne that he was though not the sole yet the principall Agent and Adviser When by the pacification at Barwick both Kingdoms looked for peace and quietnesse he spared not openly in the heating of many often before the King and privately at the Councell-Table and the privy Join to to speake of us as Rebels and Traytors and to speak against the pacification as dishonorable and meet to be broken Neither did his malignancie and bitternesse ever suffer him to rest till a new warre was entred upon and all things prepared for our destruction By him was it that our Covenant approven by Nationall Assemblies subscribed by his M. Commissioner and by the Lords of his M. Counsell and by them commanded to be subscribed by all the Subjects of the Kingdome as a testimony of our duty to God and the King by him was it still called ungodly damnable Treasonable by him were oathes invented and pressed upon divers of our poore Country-men upon the pain of imprisonment and many miseries which were unwarrantable by Law and contrary their Nationall oath When our Commissioners did appeare to render the reasons of our demands he spared not in the presence of the King and Committee to raile against our Nationall Assembly as not daring to appeare before the World and Kirks abroad where himselfe and his actions were able to endure tryall and against our just and necessary defence as the most malicious and Treasonable contempt of Monarchiall Government that any bygone Age hath heard of His hand also was at the Warrant for the restraint and imprisonment of our Commissioners sent from the Parliament warranted by the King and seeking the peace of the Kingdomes When we had by our Declarations Remonstrances and Representations manifested the truth of our intentions and lawfulnesse of our actions to all the good Subjects of the Kingdome of England when the late Parliament could not be moved to assist or enter in warre against us maintaing our Religion and liberties Canterbury did not onely advise the breaking up of that high and honorable Court to the great griefe and hazzard of the Kingdome but which is without example did sit still in the Convocation and make Canons and Constitutions against us and our just and necessary defence ordaining under all highest pains that hereafter the Clergie shall preach foure times in he yeare such doctrine as is contrary not only to our proceedings but to the doctrine and proceedings of other reform'd Kirks to the judgement of all sound Divines and politiques and tending to the utter slavery and ruining of all Estates and Kingdomes and to the dishonor of Kings and Monarchs And as if this had not been sufficient he procured six Subsidies to be lifted of the Clergie under pain of deprivation to all that should refuse And which is yet worse and above which malice it self cannot ascend by his means a prayer is framed printed and sent through all the Paroches of England to be sayd in all Churches in time of Divine Service next after the prayer for the Queene and Royall Progeny against our Nation by name of Trayterous Subjects having cast of all obedience to our annointed Soveraign and comming in a rebellious manner to invade England that shame may cover our faces as Enemies to God and the King Whosoever shall impartially examine what hath proceeded from himselfe in these two books of Canons and Common-prayer what Doctrine hath been published and printed these years by-past in England by his Disciples and Emissaries what grosse Poperie in the most materiall points we have found and are readie to shew in the posthume writings of the Prelate of Edinburgh and Damblane his own Creatures his nearest familiars and most willing instruments to advance his counsells and projects sall perceive that his intentions were deep and large against all the reformed Kirks and reformation of Religion which in his Majesties Dominions wes panting and by this time had rendred up the ghost if God had not in a wonderfull way of mercy prevented us and that if the Pope himselfe had been in his place he could not have been more popish nor could he more zealously have negotiated for Rome against the reformed Kirks to reduce them to the Heresies in Doctrine the Superstitions and Idolatry in worship and the Tyranny in Government which are in that Sea and for which the reformed Kirks did seperate from it and come forth of Babel From him certainly hath issued all this deluge which almost hath overturned all We are therefore confident that your Lordships will by your meanes deale affectually with the Parliament that this great firebrand be presently removed from his Majesties presence and that he may be put to triall and put to his deserved censure according to the Lawes of the Kingdome which sall be service to God honor to the King and Parliament terror to the wicked and comfort to all good men and to us in speciall who by his means principally have been put to so many and grievous afflictions wherein we had perished if God had not been with us We do indeed confesse that the Prelates of England have been of very different humors some of them of a more hot and others of them men of a more moderate temper some of them more and some
subscribing our National oath which was not only impiety and injustice in it self and an utter undoing of his Majesties Subiects but was a weakning of the Scots Plantation to the prejudice of that Kingdome and his Majesties service and was a high scandall against the Kings honour and intolerable abuse to his Majesties trust and authority his Majesties Commission which was procured by the Lievetenant bearing no other penalty then a certification of noting the names of the refusers of the oath But by this his restlesse rage and insatiable cruelty against our Religion and Countrey cannot be kept within the bounds of Ireland By this means a Parliament is called And although by the six subsidies granted in Parliament not long before and by the base means which himself and his Officers did use as is contained in a late Remonstrance that Land was extreamly impoverished yet by his speeches full of oathes and asseverations That we were Traytors and Rebels casting off all Monarchicall Government c. he extorted from them foure new Subsidies and indicta causa before we were heard procured that a Warre was udertaken and forces should be levied against us as a rebellious Nation which was also intended to be an example and president to the Parliament of England for granting subsidies and sending a joynt Armie for our utter ruine According to his appointment in Parliament the Armie was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion liberties and Lawes and thereby laying upon us a necessity of vast charges to keep forces on foot on the West coast to wait upon his comming And as the War was denounced and forces leavied before we were heard So before the denouncing of the War our Ships and goods on the Irish Coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts which did take some and burn others of our Barques Having thus incited the Kingdome of Ireland and put his forces in order there against us with all haste he commeth to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I returne to that honourable Sword I shall leave of the Scots neither root nor branch How soon he commeth to Court as before he had done very evill offices against our Commissioners cleering our proceedings before the poynt So now houseth all means to stir up the King and Parliament against us and to move them to a present war according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designes succeeded not that way in his nimblenesse he taketh another course that the Parliament of England may be broken up and despising their wisedome and authority not onely with great gladnesse accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as generall Captain with power to invade kill slay and save at his discretion and to make any one or moe Deputies in his stead to do and execute all the power and authorities committed to him According to the largenesse of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their declarations sent before them were comming in a peaceable way far from any intention to invade any of his Majesties Subiects and still to supplicate his Majesty for a setled peace he gave order to his Officers to fight with them on the way that the two Nations once entred in bloud whatsoever should be the successe he might escape triall and censure and his bloudy designs might be put in execution against his Maiesties Subiects of both Kingdomes When the Kings Maiesty was again enclined to hearken to our petitions and to compose our differences in a peaceable way and the Peers of England conveened at Yorke had as before in their great wisedome and faithfulnesse given unto his Maiesties Counsels of peace yet this firebrand still smoaketh and in that honorable Assembly taketh upon him to breath out threatnings against us as Traytors and enemies to Monarchiall government that we be sent home again in our bloud and he will whip us out of England And as these were his speeches in the time of the Treaty appointed by his Maiesty at Rippon that if it had been possible it might have been broken up So when a Cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for war His under officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governour of Barwicke and Carlile can shew from whom they had their warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to passe that the Ports of Ireland are yet closed our Country-men for the oath still kept in prison traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great incendiary upon these and the like offences not against particular persons but against Kingdomes and Nations may be put to a tryall and from their knowne and renowned justice may have his deserved punishment 16. December 1640. THE SCOTTISH Commissioners Demand concerning the Sixt ARTICLE COncerning our Sixt demand although it hath often come to passe that these two have been joyned by the bonds of Religion and nature have suffered themselves to be divided about the things of this World and although our Adversaries who no lesse labour the division of the two Kingdomes then we do all seek peace and follow after it as our Common happinesse do presume that this will be the partition wall to divide us and to make us lose all our labours taken about the former demand wherein by the help of God by his Maiesties Princely goodnesse end Iustice and your Lordships noble and equall dealing we have so fully accorded and to keep us from providing for a firm and well grounded Peace by the wisedome and justice of the Parliament of England which is our greatest desire expressed in our last Demand We are still confident that as we shall concerning this Article represent nothing but what is true just and honorable to both Kingdomes So will your Lordships hearken to us and will not suffer your selves by any slanders or suggestions to be drawn out of that straight and safe way wherein ye have walked since the beginning It is now we suppose known to all England especially to both the honorable Houses of Parliament and by the occasion of this Treaty more particularly to your Lordships That our distresses in our Religion
is made perfect in weaknesse they have found amongst us greater resistance than they did fear or either they or our selves could have apprehended Yet as it hath been the will of God that we should endure the heat of the day so in the evening the precious wages of the vindication of religion liberties and laws are to be received by both Kingdoms and will enrich we hope to our unspeakable ioy the present age and the posterity with blessings that cannot be valued and with the good people of England esteem more than treasures of Gold and willingly would have puachased with many thousands We do not plead that conscience and piety have moved some men to serve God upon their own cost and that justice and equity have directed others where the harvest hath been common to consider the pains of labouring and the charges of the sowing yet thus much may we say that had a forraigne enemy intending to reduce the whole Island into Popery made the first assault upon her weaknesse we nothing doubt but the Kingdome of England from their desire to preserve their Religion and liberties would have found the way to bear with us the expence of our resistance and lawfull defence how much more being invaded although not by England yet from England by common enemies seeking the same ends we expect to be helped and relieved We will never conceive that it is either the will or the weal and honour of England that we should go from so blessed a work after so many grievous sufferings bearing on our backs the insupportable burdens of worldly necessities and distresses return to our Country empty and exhausted in which the people of all ranks sexes and conditions have spent themselves The possessions of every man who devoted himself heartily to this cause are burdened not onely with his own personall and particular expence but with the publike and common charges of which if there be no relief neither can our Kingdom have peace at home nor any more credit for Commerce abroad Nor will it be possible for us either to aid and assist our friends or to resist and oppose the restlesse and working wickednesse of our enemies The best sort will lose much of the sweetnesse of the enjoying of their religion and liberties and others will run such wayes and undirect courses as their desperate necessity will drive them into We shall be but a burthen to our selves a vexation unto others of whose strength we desire to be a considerable part and a fit subject for our enemies to work upon for obtaining their now disappointed but never dying desires We will not alledge the example of other Kingdomes where the losses of necessary and just defence had been repaired by the other party nor will we remember what help we have made according to our abilities to other reformed Churches and what the kingdome of England of old and of late hath done to Germany France and Holland nor do we use so many words that England may be burthened and we eased or that this should be a matter of our Covetousnesse and not of their Justice and kindnesse Justice in respect of our adversaries who are the causes of the great misery and necessity to which we have been brought kindnesse in the supply of our wants who have been tender of the welfare of England as of our own that by this equality and mutuall respect both Nations may be supported in such strength and sufficiency that we may be the more serviceable to his Majesty and abound in every good work both towards one another and for the comfort and reliefe of the reformed Churches beyond the Seas that we may all blesse God and that the blessing of God may be upon us all The English Peers demand concerning the preceding Articles WHether this be a positive demand or onely an intimation of the charge thereby to induce the Kingdome of England to take your distressed estate into consideration and to afford you some friendly assistance The Scottish Commissioners answer to the demand WE would be no lesse willing to bear our losses if we had ability than we have been ready to undergo the hazard But because the burden of the whole doth far exceed our strength We have as is more fully conceived in our Papers represented to your Lordships our charges and losses not intending to demand a totall repairation but of such a proportionable part as that we may in some measure bear the remanent which we conceive your Lordships having considered our reasons will judge to be a matter not of covetousnesse but of the said Justice and kindenesse of the Kingdome of England Proposition of the Peers to proceed to the other Demands during the debate of the Scottish losses THat in the Interim whilst the Houses of Parliament take into consideration your Demand of losses and dammages you proceed to settle the other Articles of the peace and intercourse betwixt the two Kingdomes Answer to the Peers Demand WE have represented our losses and thereby our distressed condition ingenuously and in the singlenesse of our hearts with very great moderation passing over many things which to us are great burthens that there might be no difficulty or cause of delay on our part hoping that the honorable Houses of Parliament would thereby be moved at their first convenience to take the matter to their consideration We do not demand a totall reparation nor do we speak of the payment till we consult about the setling of a solid peace at which time the wayes of lifting and paying the money may be considered We do onely desire to know what proportion may be expected That this being once determined and all impediments arising from our by-past troubles removed we may with the greater confidence and more hearty consent on both sides proceed to the establishing of a firm and durable peace for time to come It is not unknown to your Lordships what desperate desires and miserable hopes our adversaries have conceived of a breach upon this Article And we do foresee what snares to us and difficulties to your Lordships may arise upon the post poning and laying aside of this Article to the last place And therefore that our adversaries may be out of hope and we out of fear and that the setling of peace may be the more easie We are the more earnest that as the former articles have been so this may be upon greater reasons considered in its own place and order Your Lordships upon the occasion of some motions made heretofore of the transposing of our Demands do know that not onely the substance but the order of the propounding of them is contained in our instructions And as we can alter nothing without warrant the craving whereof will take more time than the Houses of Parliament will bestow upon the consideration of this Article So are we acquainted with the reasons yet standing in force which moved the ordering of this Demand And therefore let us still be earnest with your Lordships that there be no halting here where the adversaries did most and we did least of all by reason of the justice and kindenesse of the Houses of Parliament expect it Resolved on the Question THat this House doth conceive that the summe of three hundreth thousand pounds is a fit proportion for that friendly assistance and relief formerly thought fit to be given towards the supply of the losses and necessities of our Brethren of Scotland And that this House will in due time take into consideration the manner how and the time when the same shall be raised Answer of the Scots Commissioners WE intreat your Lordships whose endeavours God hath blessed in this great work to make known to the Parliament that we do no lesse desire to shew our thankfulnesse for their friendly assistance and relief than we have been earnest in demanding the same But the thankfulnesse which we conceive to be due doth not consist in our affections or words at this time but in the mutuall kindenesse and reall demonstrations to be expected from the whole Kingdome of Scotland in all time coming and that not onely for the measure and proportion which the Parliament hath conceived to be fit and which to begin our thankfulnesse now we do in name of the whole Kingdome cheerfully accept of but also for the kinde and Christian manner of granting it unto us as to their Brethren which addeth a weight above many thousands and cannot be compensed but by paying their reciprocal love and duty of Brethren And for the resolution to consider in due time of the raising of the same for our relief which also maketh the benefit to be double This maketh us confident that God whose working at this time hath been wnoderfull hath decreed the peace and amity of the two Kingdomes and will remove all rubs out of the way that our enemies will at last despair to divide us when they see that God hath joyned us in such a fraternity And that divine providence will plentifully recompence unto the Kingdome of England this their justice and kindenesse and unto Scotland all their losses which shall not by these and other means amongst our selves be repaired but by the rich and sweet blessings of the purity and power of the Gospel attended with the benefits of an unhappy and durable peace under his Majesties long and prosperous raigne and of his royall posterity to all generations FINIS