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
security of the Subject enacted immediately before their comming to employment in the contriving whereof themselves were principall Actors The goodnesse and vertue of the King they served and yet the high and publique oppressions that in his time they have wrought And surely there is no man but will conclude with me that as the deficience of Parliaments hath bin the Causa Causarum of all the mischiefes and distempers of the present times so the frequency of them is the sole Catholicke Antidote that can preserve and secure the future from the like danger Mr. Speaker let me yet draw my Discourse a little nearer to his Majesty himselfe and tell you that the frequency of Parliament is most essentially necessary to the power the security the glory of the King There are two wayes Mr. Speaker of powerfull Rule eyther by Feare or Love but one of happy and safe Rule that is by Love that Firmissinum Imperium quo obedientes gaâ—dent To which Camillus advised the Romans Let a Prince consider what it is that mooves a people principally to affection and dearnesse towards their Soveraigne He shall see that there needs no other Artifice in it then to let them injoy unmolested what belongs unto them of right If that have beene invaded and violated in any kind whereby affections are alienated the next consideration for a wise Prince that would be happy is how to regaine them To which three things are equally necessary 1. Re-instating them in their former Libertie 2. Revenging them of the Authors of those violations 3. And securing them from Apprehensions of the like againe The first God be thanked wee are in a good way of The second in warme pursuit of But the third as essentiall as all the rest till we be certain of a Trienniall Parliament at the least I professe I can have but cold hopes of I beseech you then Gentlemen since that security for the future is so necessary to that blessed union of affections and this Bill so necessary to that security Let us not be so wanting to our selves let us not be so wanting to our Soveraigne as to forbeare to offer unto him this powerfull this everlasting Philter to Charme unto him the hearts of his people whose vertue can never evaporate There is no man M. Speaker so secure of anothers friendship but will thinke frequent intercourse and accesse very requisite to the support to the confirmation of it Especially if ill offices have beene done betweene them if the raysing of jealousies hath beene attempted There is no Friend but would be impatient to be debarred from giving his friend succour and reliefe in his necessities Mr. Speaker permit mee the comparison of great things with little what friendship what union can there be so comfortable so happy as betweene a gracious Soveraigne and his people and what greater misfortune can there bee to both then for them to bee kept from entercourse from the meanes of clearing mis understandings from interchange of mutuall benefits The people of England Sir cannot open their Eares their Hearts their Mouthes nor their Purses to his Majesty but in Parliament We can neyther heare Him nor Complaine nor acknowledge nor give but there This Bill Sir is the sole Key that can open the way to a frequency of those reciprocall indearments which must make and perpetuate the happinesse of the King and Kingdome Let no man object any derogation from the Kings Prerogative by it Wee doe but present the Bill 't is to be made a Law by him his Honour his Power will be as conspicuous in commanding at once that Parliament shall assemble every third yeare as in commanding a Parliament to be called this or that yeare there is more of his Majesty in ordayning primary and Vniversall Causes then in the actuaâ—ing particularly of subordinate effects I doubt not but that glorious King Edward the Third when he made those Lawes for the yearely Calling of Parliament did it with a right sence of his dignity and honour The truth is Sir the Kings of England are never in their Glory in their Splendour in their Majesticke Soveraignty but in Parliaments Where is the power of imposing Taxes Where is the power of restoring from incapacities Where is the legislative Authority Marry in the King Mr. Speaker But how In the King circled in fortified and evirtuated by his Parliament The King out of Parliament hath a limitted a circumscribed jurisdiction But waited on by his Parliament no Monarch of the East is so absolute in dispelling Grievances Mr. Speaker in chasing ill Ministers we doe but dissipate Clouds that may gather againe but in voting this Bill we shall contribute as much as in us lyes to the perpetuating our Sunne our Soveraigne in his verticall in his Noone day lustre A Speech of the Honourable NATHANAEL FIENNES In the House of Commons the 9. of Febr. 1640. Mr. Speaker TWO things have fallen into debate this day The first concerning the Londoners Petition whether it should bee committed or no. The other concerning the government of the Church by Arch-bishops Bishops c. whether it should bee countenanced or no. For the first I doe not understand by any thing that I have yet heard why the Londoners Petition should not be committed or countenanced The exceptions that are taken against it are from the irregularities of the delivery of it and from the Subject matter contained in it For the first it is alledged that the long taile of this blazing starre is ominous and that such a number of Petitioners and such a number that brought the Petition to the House was irregular Hereunto I answer that the fault was either in the multitude of the Petitioners or in their carriages and demeanours if a multitude finde themselves agrieved why it should be a fault in them to expresse their grievances more than in one or a few I cannot see nay to me it seemes rather a reason that their Petitions should be committed and taken into serious consideration for thereby they may receive satisfaction though all bee not granted that they desire But if wee shall throw their Petition behind the door and refuse to consider it that it may seeme an act of will in us And whether an act of will in us may not produce an act of will in the people I leave it to your consideration Sure I am acts of will are more dangerous there than here because usually they are more tumultuous All Lawes are made principally for the quiet and peace of a Kingdome and a Law may be of such indifferent nature many times that it is a good reason to alter it onely because a great number desires it if there were nothing else in it and therefore I doe not see that the number of Petitioners is any good reason why it should not bee committed but rather the contrary Now for their carriage there came indeed three or foure hundred of the 15000 some of the better sort of them
the said Earle did raise an Armie in the said Realme of England consisting of eight thousand foot all of which except one thousand or thereabouts were Papists and the said one thousand were drawne out of the old Army there consisting of two thousand foote and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earle And the more to ingage and tye the new Army of Papists to himselfe and to incourage them and to discourage and weare out the old Armie the said Earle did so provide That the said new Army of Papists were duâ—ly payeâ— and had all necessaries provided for them and permitted the exercise of their Religion but the said old Army were for the space of one whole yeare and upwards unpaid And that the said Earle being appoynted a Commissioner with eleven severall Counties in the Northern parts of England for compounding with Recusants for their forfeitures due to his Majesty which Commission beareth date the eighth day of Iuly in the fifth yeare of his Majesties Reigne that now is and being also Receiver of the Composition Money thereby arising and of other debts Duties and penalties for his Majesties use by Letters Patents dated the 9. day of the said Iuly he to engage the said Recusants to him did compound with with them at low and under rates and provided that they should bee discharged of all proceedings against them in all his Majesties Courts both temporall and Ecclesiasticall in manifest breach of and contrary to the Lawes and Statutes of this Realme in that behalfe established 19 That the said Earle having taxed and levied the said impositions and raised the said Monopolies and committed the said oppressions in his Majesties name and as by his Majesties Royall command he the said Earle in May the 15 yeare of his Majesties Reigne did of his owne authority contrive and frame a new and unusuall oath by the purport whereof among many other things the party taking the said oath was to sweare that he should not protest against any of his Majesties royall commands but submit themselves in all obedience thereunto Which oath he so contrived to enforce the same on the subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with his Majesty his government there and compelled divers of his Majesties said subjects there to take the said oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the 10 of October Anno Dom. 1639. He fined Henry Steward and his wife who refused to take the said oath 5000. pounds a piece and their 2. daughters and Iames Gray 3000. pounds a piece and imprisoned them for not paying the said fines The said Henry Stewards wife and daughters and Iames Gray being the Kings liege people of the Scottish Nation and divers others he used in like manner and the said Earle upon that occasion did declare that the said oath did not onely oblige them in point of allegiance to his Majesty and acknowledgement of his Supremacie only but to the Ceremonies and governement of the Church established or to be established by his Majesties Royall authoritie and said that the refusers to obey he would prosecute to the blood 20 That the said Earle in the 15. and 16. yeares of his Majesties Reigne and divers yeares past laboured and endevoured to beget in his Majestie an ill opinion of his subjects namely those of the Scottish Nation and diverse and sundry times and especially since the Pacification made by his Majestie with his said Subjects of Scotland in Summer in the 15 yeare of his Majesties Reigne he the said Earle did labour and endeavour to perswade incite and provoke his Majestie to an offensive warre against his said Subjects of the Scottish Nation And the said Earle by his counsell actions and endeavours hath beene and is a principall and chiefe incendâ—ary of the warre and discord betweene his Majestie and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty that the demand made by the Scots in this Parliament were a sufficient cause of warre against them The said Earle having formerly expressed the height rancor of his minde towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15. yeare of his Majesties Reâ—gne he said that the Nation of the Scots were â—â—bâ—â—s and traytors and hee beeing then about to come to England he then further said that if it pleased his Master meaning his Majesty to send him backe againe hee would root cut of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said oath in the precedent Article onely excepted and the sayd Earle hath caused divers of the said ships and goods of the Scots to bee stayed seized and molested to the intent to set on the said warre 21. That the said Earle of Strafford shortly after his speeches mentioned in the last precedent Article to wit in the fifteenth yeare of his Majesties Reigne came into this Realme of England and was made Lord Lieutenant of Ireland and continued his government of that Kingdome by a Deputy At his arrivall here finding that his Majestie with much wisedome and goodnesse had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all meanes to procure his Majesty to breake that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majestie to an offensive war against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that war he counselled his Majesty to call a Parlament in England yet the said Earle intended if the said proceedings of that Parliament should not be such as would stand with the said Earle of Straffords mischievous designes he would then procure his Majestie to breake the same and by wayes of force and power to raise monies upon the said subjects of this Kingdome And for the incouragement of his Majestie to hearken to his advice he did before his Majesty and his privie Counsell then sitting in Counsell make a large Declaration that he would serve his Majesty in any other way incase the Parliament should not supply him 22 That in the moneth of March before the beginning of the last Parliament the said Earle of Stafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a war against the Scots And gave directions for the raising of an Army consisting of 8000. foot and 1000. horse being for the most part Papists as aforesaid And confederating with one Sir George Râ—dcliffe did together with him the said Sir George trayterously conspire to employ the said Army for the
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
unanimously endeavour to oppose and prevent the Counsels and Counsellours which have brought upon us all these miseries and the fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves better before God and man The Protestation your Lordships shall have read unto you together with ground and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble Then the Protestation was read by Master Maynard Die Mercurii 5 May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Preamble togtheer with the Protestation which the Members of this House made the third of May shall be forthwith Printed and the Copies printed brought to the Cleark of the said House to Attest under his hand to the end that the Knights Citizens and Burgesses may send them down to the Sheriffes and Justices of Peace of the severall Shires and to the Citizens and Burgesses of the severall Cities Boroughes and Cinque Ports respectively And the Knights Citizens and Burgesses are to intimate unto the Shires Cities and Boroughes and Cinque Ports with what willingnesse all the Members of this House made this Protestation And further to signifie that as they justifie the taking of it in themselves so the cannot but approve it in all such as shall take it A Preamble with the Protestation made by the whole House of Commons the third of May 1641. and assented unto by the Lords of the upper House the fourth of May last past WE the Knights Citizens and Burgesses of the Commons House in Parliament finding to the griefe of our hearts that the designes of the Priests and Jesuits and other adherents to the See of Rome have of late more boldly and frequently put in practice then formerly to the undermining and danger of the Ruine of the true reformed Religion in his Majesties Dominions established and finding also that there hath bin and having cause to suspect there still are even during the sitting in Parliament endeavours to subvert the fundamentall Lawes of England and Ireland and to introduce the exercise of an Arbitrary and tyrannicall government by most pernicious and wicked counsells practises plots and conspiracies and that the long intermision and unhappier breach of Parliaments hath occasioned many illegall Taxations whereupon the Subjects have beene prosecuted and grieved and that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of his Maiesties Dominions Jealousies raised and Fomented between the King and his people a Popish Armie leavied in Ireland and two Armies brought into the bowels of this Kingdome to the hazard of his Majesties Royall Person the Consumption of the Revenue of the Crown and the treasure of this Realme And lastly finding the great causes of Jealousie endeavours have beene and are used to bring the English Armie into mis-understanding of this Parliament thereby to encline that Armie by force to bring to passe those wicked counsells have therefore thought good to ioyn our selves in a Declaration of our united affections and resolutions and to make this ensuing Protestation The Protestation I A.B. Do in the presence of Almighty God promise vow and protest to maintain and defend as farre as lawfully I may with my life power and estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all popery and popish Innovation within this Realm contrary to the said Doctrine and according to the duty of my Allegiance I will maintain and defend his Majesties Royall Person Honor and Estate As also the power and priviledge of Parliaments the lawfull Rights and Liberties of the Subjects And every person that shall make this Protestation in whatsoever he shall do in the lawfull pursuance of the same and to my power as farre as lawfully I may I will oppose and by all good wayes and means endeavour to bring condigne punishment on all such as shall by force practice counsels plots conspiraces or otherwise do any thing to the contrary in this present protestation contained and further that I shall in all Just and Honorable wayes endeavour to preserve the union and peace betwixt the three Kingdoms of England Scotland and Ireland And neither for hope fear or any other respects shall relinquish this promise vow and Protestation The Bill of Attainder that passed against Thomas Earl of STAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of high Treason for endeavouring to subvert the Ancient and Fundamentall Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own authority commanded the laying and asseising of souldiers upon his Majesties Subjects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon papâ—r Petitions in causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levie Warre against the Kings Majesty and his liege people in that Kingdome And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsell and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the Warres between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incurre the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before
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
under great penalties forbid all Parsons Vicars Curates Readers in Divinity c. to speake any other wayes of them then as they had defined by which meanes having seized upon all the Conduites whereby knowledge is convayed to the people how easie would it bee for them in time to undermine the Kings Prerogative and to suppresse the subjects liberty or both And now Sir I beseech you to consider how they have defined this high and great poynt they have dealt with us in matter of Divinity as the Judges had done before in matter of Law they first tooke upon them to determine a matter that belonged not to their Judicature but onely to the Parliament and after by their judgement they overthrew our propriety and just so have these Divines dealt with us they tell us that Kings are an Ordinance of God of Divine Right and founded in the prime Lawes of Nature from whence it will follow that all other formes of government as Aristocracies and Democracies are wicked formes of government contrary to the Ordinance of God and the Prime Lawes of Nature which is such new Divinitie as never read in any Booke but in this new Booke of Canons Mr. Speaker We all know that Kings and States and Iudges and all Magistrates are the Ordinances of God but Sir give mee leave to say they were the Ordinances of men before they were the Ordinances of God I know I am upon a great and high poynt but I speake by as great and as high a warrant if St. Peters chaire cannot erre as St. Peters Epistles cannot thus he teacheth us Submit your selfe to-every Ordinance of man for the Lords sake whether it bee to the King as supreame or to the Governour as to him that is sent by him c. Sir It is worthy noting that they are Ordinances of men but that they are to be submitted unto for the Lords sake and truely their power is as just and their subjects allegeance as due unto them though we suppose them to bee first ordinances of men and then confirmed and established by Gods Ordinance as if wee suppose them to bee immediate Ordinances of God and so received by men But there was somewhat in it that these Divines aimed at I suppose it was this If Kings were of Divine Right as the Office of a Pastor in the Church or founded in the prime Lawes of Nature as the power of a Father in a Family then it would certainly follow that they should receive the fashion and manner of their government onely from the Prescript of Gods Word or of the Lawes of Nature and consequently if there bee no Text neither of the Old nor New Testament nor yet any Law of Nature that Kings may not make Lawes without Parliaments they may make Lawes without Parliaments and if neither in the Scripture nor in the Law of Nature Kings be forbidden to lay taxes or any kind of impositions upon their people without consent in Parliament they may doe it out of Parliament and that this was their meaning they expresse it after in plaine termes for they say that Subsidies and taxes and all manner of ayds are due unto Kings by the Law of God and of Nature Sir if they bee due by the Law of God and of Nature they are due though there be no act of Parliament for them nay Sir if they bee due by such a right a hundred acts of Parliaments cannot take them away or make them undue And Sir that they meant it of Subsidies and aids taken without consent in Parliament is clearely that addition that they subjoyne unto it that this doth not take away from the Subject the propriety hee hath in his goods for had they spoken of Subsidies and aydes given by consent in Parliament this would have been a very ridiculous addition for who ever made any question whether the giving Subsidies in Parliament did take away from the Subject the propriety hee hath in his goods when as it doth evidently imply they have a propriety in their goods for they could not give unlesse they had something to give but because that was alledged as a chiefe reason against Ship-mens and other such illegall payments levied upon the people without their consent in Parliament that it did deprive them of their right of propriety which they have in their goods these Divines would seem to make some answer thereunto but in truth their answer is nothing else but the bare assertion of a contradiction and it is an easie thing to say a contradiction but impossible to reconcile it for certainely if it bee a true rule as it is most true quod meum est sine consensu meo non potest fieri alienum to take my goods without my consent must needes destroy my propriety Another thing in this first Canon wherein they have assumed unto themselves a Parliamentarie power is in that they take upon them to define what is Treason besides what is determined in the statute of Treasons They say to set up any coactive independent power is treasonable both against God and the King the question is not whether it bee true they say or no but whether they have power to say what is Treason and what not But now Sir that I am upon this point I would gladly know what kinde of power that is which is exercised by Arch-Bishops Bishops Deanes Arch-Deacons c. Coactive certainely it is all the Kingdome feeles the lash thereof and it must needs bee independant if it be jure Divine as they hold it for they doe not meane by an independant power such a power as doth not depend on GOD. Besides if their power be dependant of whom is it dependant not of the King for the Law acknowledgeth no way whereby Ecclesiasticall jurisdiction can bee derived from his Majestie but by his Commission under the great-Scale which as I am informed they have not I speake not of the High Commission but of that jurisdiction which they exercise in their Archiepiscopall Episcopall Archidaconall Courts c. and therefore if their owne sentence bee just wee know what they are and what they have pronounced against themselves But Sir it were worth knowing what they aimed at in that independent coactive power which they terme popular I will not take upon me to unfold their meaning but wee know Doctor Beale had a hand in the making of these Canons and if wee apply his Paraphrase to the Text it may give us some clearenesse I remember amongst other notes of his this was one that he did acknowledge the Kings Supremacy but would joyne unto him an assistant viz. the people meaning this House which being the representative body of the COMMONS of England and claiming as it is so a share in the Legislative power Doctor Beale calleth this a joyning of an assistant to the King in whom soly hee placeth the power of making Lawes and that it is but of grace that he assumeth either the Lords or Commons
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
in such wayes wherein the Natives of that Kingdome were unpractised and unskilfull which Proclamations so issued were by his Commands and Warrants to his Majesties Justices of Peace and other officers and by other rigorous meanes put in execution and the Flaxe wrought or ordered in other manner than as the said Proclamation prescribed was seized and employed to the use of him and his agents and thereby the said Earle endeavoured to gaine and did gaine in effect the sole sale of that native commodity 15 That the said Earle of Strafford by Proclamation dated the sixteenth of October in the fourteenth yeare of his Majesties Raigne did impose upon the Owners Masters Pursers and Boat-swaines of every ship a new and unlawfull Oath viz. that they two or more of them immediately after the arrivall of any ship within any Port or Creek in the said Kingdom of Ireland should give in a true in-voyce of the outward bulke of Wares and Merchandises and number of goods and the qualities and condition of the said goods as farre as to them should bee knowne the names of the severall Merchants proprietours of the said goods and the places from whence they were fraughted and whither they were bound to discharge which Proclamation was accordingly put in execution and sundry persons enforced to take the said unlawfull Oath 15 That the said Earle of Strafford trayterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue the subjects of the said Realme of Ireland to bring them under his tyrannicall power and will and in pursuance of his wicked and trayterous purposes aforesaid the said Earle of Strafford in the eighth yeare of his Majesties reigne did by his owne â—uthority without any warrant or colour of Law taxe and impose great summes of money upon the Townes of Baltemore Bandenbridge Talowe and divers other Townes and places in the said Realme of Ireland and did cause the same to bee leavied upon the inhabitants of those Townes by troopes of Souldiers with force and armes in a warlike manner And on the ninth day of March in the twelfth yeare of his now Majesties Reigne trayterously did give authority unto Robert Savile a Sarjeant at Armes and to the Captains of the Companies of souldiers in severall parts of that Realm to send such numbers of souldiers to lye on the lands and houses of such as would not conforme to his orders untill they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to returne to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in warlike manner with force and armes put in execution accordingly and by such warlike meanes did force divers of his Majesties Subjects of that Realme to submit themselves to his unlawfull commands And in the said twelfth yeare of his Majesties reigne the said Earle of Strafford did trayterously cause certaine troops of Horse and Foot armed in warlike manner and in warlike aray with force and Armes to expell Richard Butler from the possession of Castle Cumber in the Territory of Idough in the said Realme of Jreland and did likewise and in like warlike manner expell divers of his Majesties Subjects from their houses families possessions as namely Ed. Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield divers others to the number of about an hundred families and took and imprisoned them and their wives and carryed them prisoners to Dublin and there detained them untill they did yield up surrender or release their respective estates and rights And the said Earle in like warlike manner hath during his government of the said Kingdome of Ireland subdued divers others of his Majesties Subjects easily to his will and thereby and by the meanes aforesaid hath levied warre within the said Realm against his Majesty and his liege people of that Kingdome 16 That the said Earle of Strafford the two and twentieth of February in the seventh yeare of his now Majesties Reigne intending to oppresse the said subjects of Ireland did make a proposition and obtained from his Majestie an allowance that no complaint of injustice or oppression done in Ireland should be received in England against any unlesse it first appeared that the party made first his addresse to him the said Earle and the said Earle having by such usurped tyrannicall and exâ—rbitant power expressed in the former Articles destroyed the Peeres and other Subjects of that Kingdome of Ireland in their Lives Consciences Land Liberties and Estates the said Earle to the intent the better to maintaine and strengthen his power and to bring the people into a disaffection of his Majestie as aforesaid did use his Majesties name in the execution of his said power And to prevent the Subjects of that Realme of all meanes of complaints to his Majesty and of redresse against him and his agents did issue a Proclamation bearing date the seventeenth day of Septmber in the eleventh yeare of his Majesties Reigne thereby commanding all the Nobility undertakers and others who held estates and offices in the said Kingdome except such as were imployed in his Majesties service or attending in England by his speciall command to make their personall residence in the said Kingdome of Ireland and not to depart thence without licence of himselfe And the said Earle hath since issued other Proclamations to the same purpose by meanes whereof the Subjects of the said Realme are restrained from seeking reliefe against the oppressions of the said Earle without his licence which Proclamation the said Earle hath by severall rigorous wayes as by fine imprisonment and otherwise put in execution on his Majesties Subjects as namely one Parry and others who came over onely to complain of the exorbitances and oppressions of the said Earle 17 That the said Earle having by such meanes as afore-said subverted the Government and Lawes of the Kingdome of Ireland did in March in the sixteenth yeare of his Majesties Reigne in scandall of his Majesty of all his Kingdomes and in further Execution of his wicked purposes aforesaid speaking of the Armies in Ireland declare that his Majesty was so well pleased with the Army of Ireland and the consequence thereof that his Majesty would certainly make the same a patterne for all his three Kingdomes 18 That the said Earle of Strafford for the better effecting of his traiterous designes and wicked purposes did indevour to draw dependency upon himselfe of the Papists in both Kingdomes of England and Ireland and to that end during the time of government in Ireland he restored divers Frieries and Masse-houses which had beene formerly suppressed by precedent Deputies of that Kingdome two of which houses were in the City of Dublin and had beene assigned to the use of the Vniversity there to the pretended owners thereof who have since imployed the same to the exercise of the Popish Religion And in the Moneth of May and Iune last
would come to nothing and this letter was read and presented unto us His Lordship represented N. H. that the Commissioners and all the Lords had engaged themselves faithfully and truly to declare to the Parliament the distresse of the Counties Hee declared that it was far from their Lordships purpose to move any supply of money from the House of Commons but to lay the cause before them and to leave it to their wisedome averring certainly that if some course were not taken the whole kingdome would be put into disorder Armies would not starve retiring was not yet as hee thought in the thoughts of the Scots Therefore they must plunder and destroy or advance into Yorkeshire and so into England to seeke subsistence the prevention whereof did highly import the King and kingdome His Lordship proposed another no lesse worthy of consideration to the whole kingdome But if the Scots Army were provided of a competency for the ease of those Counties it were very strange there should not an equall care be had for mainteining the Kings Army that stands before them He said the Scots Army was strong and powerfull and little other resistance against it but the impediments of an Army marching in winter But whether it were fit for a kingdome to bee trusted to accidents of Frosts with a people bred in Swedland and cold Countreys hee left to their discretion His Lordship confessed that the Scots had made great protestations and with great execrations averred that they had no intent to advance forward but returne when they shall have received satisfaction Yet their Lordships did not conceive that the kingdome should relye upon promises or protestations Many accidents might happen when a Nation come from a farre Countrey to a better should bee told the businesse they come about was just and their quarrell good who finding themselves in a fat pasture may pick quarrells which their Leaders if they should goe about to prevent them of the reward of their vertue and valour Upon these grounds his Lordship presented to the generall consideration the supply of his Majesties Army that it bee not disbanded which if it should come to passe Yorkeshire and other parts of England were left to the Scots discretion His Lordship said Hee durst not say the Scots would not come forward but that it was in their power if they would and therefore hee recommended this representation to the whole body of the kingdome to prevent furture dangers Hee concluded with a prayer to Almighty God to direct the hearts of all the kingdome and to give a blessing onely able to remove the great distractions so many and so grievous as under which since the Conquest this kingdome never laboured There were presented unto mee two papers more the one being Instructions from Newcastle to Sir Thomas Hope and others concerning the contribution the other an account of Arreers from the eleventh of September to the twentieth of November which were all read unto us nor doe I know how or to what use to imploy them Mr. RIGBYES SPEECH In answer to the LORD KEEPERS last SPEECH 1640. Master SPEAKER THough my Judgement prompts mee to fit still and be silent yet the duty I owe to my King my Countrey and my Conscience moves me to stand up and speake Master Speaker had not this Syren so sweet a tongue surely hee could never have effected so much mischiefe to this kingdome you know Sir optimorum putrefactio pessima the best things putrefied become the worst and as it is in the naturall so in the body politick and what 's to be done then Master Speaker wee all know ense recidendum est the sword Justice must strike nè sinceratruhatur Master Speaker it is not the voice non vox sed votum not the tongue but the heart and actions that are to be suspected for doth not our Saviour say it Shew mee thy faith by thy workes O Man Now Master Speaker hath not this kingdome seene seene say I nay felt and smarted under the cruelty of this mans Justice so malicious as to record it in every Court of Westminster as if hee had not beene contented with the enslaving of us all unlesse hee entailed it to all posterity Why shall I beleeve words now cum factum videam Shall we be so weake men as when wee have beene injured and abused will be gained againe with faire words and complements Or like little children when we have beene whipt and beaten bee pleased againe with sweet meats Oh no there be some birds in the Summer of Parliament will sing sweetly who in the Winter of Persecution will for their prey ravenously fly at all upon our goods nay seize upon our persons and hath it not beene with this man so with some in this assembly Master Speaker it hath beene objected unto us that in Judgement wee should thinke of mercy and Bee yee mercifull as your heavenly Father is mercifull now God almighty grant that we may be so and that our hearts and Judgements may be truly rectified to know truly what is mercy I say to know what is mercy for there is the point Master Speaker I have heard of foolish pitty foolish pitty doe we not all know the effects of it and I have met with this Epithete to mercy Crudelis misericordia and in some kind I thinke there may be a cruell mercy I am sure that the spirit of God said Be not pitifull in Judgement nay it saith Bee not pitifull of the poore in Judgement if not of the poore then a Latiori not of the rich there 's the Emphasis We see by the sett and solemne appointments of our Courts of Justice what provision the wisedome of our Ancestors hath made for the preservation honour and esteeme of Justice witnesse our frequent Termes Sessions and Assises and in what pompe and state the Judges in their Circuits by the Sheriffes Knights and Justices and all the Countrey are attended oft-times for the hanging of a poore thiefe for the stealing of a hog or a sheep nay in some Cases for the stealing of a penny and Justice too in terrorem and now shall not some of them be hanged that have rob'd us of all our propriety and sheered at once all our sheepe and all we have away and would have made us all indeed poore Bellizarasses to have begged for halfe-pennies when they would not have left us one penny that wee could have called our owne Let us therefore now Master Speaker not be so pitifull as that wee become remisse not so pitifull in Judgement as to have no Judgement but set the deplorable estate of Great Brittain now before our eyes and consider how our most gracious Soveraigne hath beene abused and both his Majesty and all his Subjects injured by these wicked Instruments for which my humble motion is that with these particulars wee become not so mercifull as to the generality the whole kingdome wee grow mercilesse Fiat Justitia Mr. VVALERS SPEECH
publike service as well to prove a sentence not then in rerum natura both Law and charity in a benigne construction of these two ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerk of the Parliaments Role This is no matter to the validity of his election for his priviledge commenced 40 dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traytors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may iudge of a shilling What hinders then since here is waâ—er but that he may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill law plead for his admittance the writ of election the exemplification of the Sheriffs return all presidents of all ages all reports plead for his admittance our fore-fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirm his admittance Away then Serieant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common root Thus the King shall receive the benefit of an able subject who is otherwise civiliter mortuus we enjoy the participation of his labour and posterity both ours and this CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 40. 1640. Concerning the impeachment of Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common Pleas and Sir George Ratcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Commons House My LORDS I Am commanded by the Knights Citizens and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie the gray headed Common Lawes funerall and the Active Statutes death and obsequies this dejected spectacle answers but the prefiguring Type of Caesars murther wounded to the death in the Senate And by Brutus his bosome friend our Caesars image by reflexion even the fundamentall Lawes and Statutes of this Kingdome the sole means by which our estates are confirmed our liberties preserved our lives secured are wound to death in the Senate I mean in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters those inseparable first Twins Treason and Ingratitude In a plain phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings money it is Treason but this dyes with the individuall partie To betray a Fort is Treason but it dies with a few men To betray an Army is a Treason but it dyes with a limited number which may be reinforced again by politique industry To blow up both Houses of Parlament is Treason but succeeding ages may replant Branches by a fruitfull posterity but this High Treason which I do move in the name of the Houses of Commons charge and impeach Sir Richard Bolion Knight Lord Chancellour of Ireland and Sir Gerard Lowther Knight Lord Chief Iustice of the Common Pleas Iohn Lord Bishop of Derry Sir George Ratcliffe Knight is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expence I mean the Statute lawes what is it but High Treason What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government High Treason What is it since his Majestie the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures and judgements but to possesse it possible the hearts of his loyall Subjects of this Kingdome That he is a bloody and devowring Tyrant and to provoke their never dying alleageance into a fatall and desperate Rebellion What is it to violate the sacred Graunts of many of his Majesties Progenitors Kings and Queenes of England confirmed under the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty and the Earl of Stofford are placed in one and the same sphear allowing them but equall influencies to nourish the alleageance of this Kingdome what is this but to extoll other then Regall Authority and to crucifie the Majestie of our most gracious Soveraign betwixt the two Theeves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the depth of these accusations I cannot hereby steere and confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certain ruine of the Subject and if prov'd a most favorable Prologue to usher in the Tragedie of the Actors Councellers and Abetters herein What was then the first and main question it was the subvertion of the fundamentall Lawes of this Kingdome let then magna Charta that lies prostrated besmeared and groveling in her own gore discount her wounds as so many pregnant and undeniable proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and welbecomming oath upon all Soveraigntie to vindicate and preserve the Immunitie thereof before the Crown incircle their Royall Temples in this oath of so high consequence and generall interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice And this oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majestie and the Subject and sealed by his Majesties provident care with that imphaticall penalty that their estates and lives shall be in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath
of Rome doth eate into our Religion and fret into he banks and walls of it the Lawes and Statutes of this Realme especially since these Lawes have beene made in a manner by themselves even by their owne Treasons and bloudy designes and since that Poperie is a consused masse of errors casting downe Kings before Popes the Precepts of God before the tradition of men living and reasonable men before dead and sencelesse stocks and stones I desire that we consider the encrease of Arminianisme and errors that makes the grace of God to lackie it after the will of man that makes the Sheepe keepe the Shepheard and make an immortall seed of a mortall God Yea I desire that we looke into the very belly and bowells of this Trojan horse to see if there be not in it men readie to open the gates of Romish tyranny and Spanish Monarchie for an Arminian is the spaune of a Papist and if their come the warmth of favour upon him you shall have him turne into one of those frogs that arise out of the bottomelesse pit and if you marke it well you shall see an Arminian reach out his hand to a Papist to a Jesuite a Jesuite gives one hand to the Pope another to the King of Spaine and therein having kindled a fire in our neighbors Countrey now they have brought some of it hither to set on flame this kingdome also Let us further search and consider whether these be not the men that breake in upon the goods and liberties of this Common-wealth for by these meanes they may make way for the taking away of Religion It was an old tricke of the Devills when he meant to take away Jobs Religion he began at his goods Lay thy hand on all be hath and be will curse even to thy face Rather they thinke hereby to set a distance betweene Prince and people or to finde some other way of supply to avoyd or breake Parliaments that so they may break in upon our Religion and bring in their errors but let us doe as Job did he held fast his Religion and his goods were restored with advantage and if we hold fast God and our Religion these things shall be unto us Let us consider the times past how we flourished in honor and abundance when Religion flourished amongst us but when Religion decayed so the honour and strength of our Nation decayed when the soul of this Common-wealth is dead the bodie cannot long over live it If a man meete a Dogge alone the Dog is fearefull but though never so fierce by nature if that Dog have his Master by him he will set upon that man from whom he fied before This shewes the lower natures being back't with the higher increase in courage and strength and certainly man being back't with omnipotence is a kinde of omnipotence Wherefore let it now be the unanimous consent and resolution of us all to make a vow and Covenant from henceforth to hold fast on God and his Religion and then may we from henceforth expect prosperitie in the Kingdome and Nation to this Covenant Let every one of us say Amen The Accusation and Impeachment of Sir George Ratcliffe by the Commons in this present Parliament Assembled Charging him with High-Treason and other misdemeanours as ensue 1640. IMprimis That he had conspired with the Earle of Strafford to bring into Ireland an Arbitrary Government and to subvert the fundementall Lawes and did joyn with the Earle to bring in an Armie from Ireland to subdue the Subjects of England Secondly That he hath joyned with the Earle to use Regall power and to deprive the Subjects of their liberties and properties Thirdly That he hath joyned with the Earle to take _____ thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profits to their own uses Fourthly That he had Trayterously confederated with the Earle to countenance Papists and build Monasteries to alienate the affections of the Irish Subjects from the subjection of England Fiftly That he had Traiterously confederated with the Earle to draw the Subjects of Scotland from the King Sixthly That to preserve himselfe and the sayd Earle he had laboured to subvert the liberties and priviledges of Parliament in Ireland The Charge of the Scottish Commissioners against the Prelate of CANTERBVRY NOvations in Religion which are universally acknowledged to be the maine cause of commotions in Kingdomes and States and are knowne to be the true cause of our present troubles were many and great beside the book of Ordination and Homilies 1. Some particular alterations in matters of Religion pressed upon us without order and against Law contrary to the forme established in our Kirk 2. A new booke of Canons and Constitutions Ecclesiasticall 3. A Liturgy or booke of Common-prayer which did also carry with them many dangerous errors in matters of Doctrine Of all which we challenge the Prelate of Canterburie as the prime cause on earth And first that this Prelate was the Author and urger of some particular changes which made great disturbance amongst us we make manifest 1. By fourteen letters subscribed W. Cant. in the space of two yeares to one of our pretended Bishops Bannatine wherein he often enjoyneth him and other pretended Bishops to appeare in the Chappell in their whites contrary to the custome of our Kirk and to his promise made to the pretended Bishop of Edinburgh at the Coronation that none of them after that time should be pressed to weare these garments thereby moving him against his will to put them on for that time wherein he directeth him to give order for saying the English Service in the Chappell twice a day for his neglect shewing him that he was disappointed of the Bishopricke of Edinburgh promising him upon the greater care of these Novations advancement to a better Bishoprick taxing him for his boldnesse in Preaching the sound Doctrine of the reformed Kirks against Master Mitchell who had taught the errors of Arminius in the point of the extent of the merit of Christ bidding him send up a list of the names of Councellours and Senators of the Colledge of Justice who did not communicate in the Chappell in a forme which was not received in our Kirk commending him when he found him obsequious to these his commands telling him that he had moved the King the second time for the punishment of such as had not received in the Chappell and wherein he upbraided him bitterly that in his first Synod at Aberdein he had only disputed against our custome of Scotland of fasting sometimes on the Lords day and presumptuously censuring our Kirk that in this we were opposite to Christianity it selfe and that amongst us there were no Canons at all More of this stuffe may be seen in the letters themselves Secondly by two papers of memoirs and instructions from the pretended Bishop of Saint Androis to the pretended Bishop of Rosse comming to this Prelate for ordering the
of them lesse inclinable to Poperie yet what knowne truth and constant experience hath made undeniable we must at this opportunitie professe that from the first time of Reformation of the Kirk of Scotland not only after the comming of King James of happy memory into England but before the Prelates of England have been by all means uncessantly working the overthrow of our Discipline and Government And it hath come to passe of late that the Prelates of England having prevailed and brought us to subjection in the point of government and finding their long waited for opportunity and a rare congruity of many spirits and powers ready to cooperate for their ends have made a strong assault upon all the externall worship and Doctrine of our Kirk By which their doing they did not ayme to make us conforme to England but to make Scotland first whose weaknesse in resisting they had before experienced in the Novations of government and of some points of worship and thereafter England conforme to Rome even in these matters wherein England had seperated from Rome ever since the time of Reformation An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate qualitie and nature of their office and Prelaticall Hierarchy which did bring forth the Pope in ancient times and never ceaseth till it bringeth forth popish Doctrine and worshippe where it is once rooted and the principles thereof fomented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch wes not able to beare the one being the same in all the parts and powers which it wes in the time of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their own testimonies and and confessions the Kirk of Scotland had amongst them no small eminencie This also we represent to your Lordships most serious consideration that not only the firebrands may be removed but that the fire may be provided against that there be no more combustion after this THE CHARGE OF THE SCOTTISH Commissioners against the Livetenant of Ireland IN our Declarations we have joyned with Canterbury the Lord Lievetenant of Ireland whose malice hath set all his wits and power on work to devise and do mischiefe against our Kirk and Countrey No other cause of his malice can we conceive but first his pride and supercilious disdain of the Kirk of Scotland which in his opinion declared by his speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly our open opposition against the dangerous innovation of Religion intended and very far promoved in all his Majesties dominions of which he hath shewed himselfe in his own way no lesse zealous then Canterbury himselfe as may appeare by his advancing of his Chaplain D. Bramble not only to the Bishoprick of Derry but also to be Vicar-generall of Ireland a man prompted for exalting of Canterburian Popery and Arminianisme that thus himself might have the power of both swords against all that should maintain the Reformation by his his bringing of D. Chappel a man of the same spirit to Vniversity of Dublin for poysoning the fountains and corrupting the Seminaries of the Kirk And thirdly when the Primate of Ireland did presse a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hang-man of that Confession although confirmed in former Parliaments When he found that the Reformation begun in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our cause The peeces printed at Dublin Examen conjurationis Scoticanae The ungirding of the Scottish Armour the pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of calumnies slanders and scurrilities against our Countrey and Reformation that the Jesuites in their greatest spite could not have sayd more yet not only the Authors were countenanced and rewarded by him but the books must bear his name as the great Patron both of the work and workman When the Nationall Oath and Covenant warranted by our generall Assemblies was approved by Parliament in the Articles subscribed in the Kings name by his Maiesties high Commissioner and by the Lords of privie Counsell and Commanded to be sworn by his Majesties Subiects of all ranks and particular and plenary information was given unto the Lievetenant by men of such quality as he ought to have believed of the loyalty of our hears to the King of the lawfulnesse of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his craft and cruelty his fraud and forces against us For first he did craftily call up to Dublin some of our Country-men both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedie were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked Councell a petition which he caused to be framed by the Bishop of Raphoe and was seen and corrected by himselfe wherin they petitioned to have an oath given them containing a formall renunciation of the Scottish Covenant and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever No sooner was this Oath thus craftily contriv'd but in all haste it is sent to such places of the Kingdome where our Countrey-men had residence and men women and all other persons above the years of sixteen constrained either presently to take the Oath and therby renounce their Nationall Covenant as seditious and trayterous or with violence and cruelty to be haled to the Jayle fined above the valew of their estates and to be kept close prisoners and so farre as we know some are yet kept in prison both men and women of good quality for not renouncing that Oath which they had taken forty years since in obedience to the King who then lived A cruelty ensued which may paralell the persecutions of the most unchristian times for weake women dragged to the Bench to take the Oath dyed in the place both mother and Child hundreds driven to hide themselves till in the darknesse of the night they might escape by Sea into Scotland whither thousands of them did flye being forced to leave Corn Cattell Houses and all they possessed to be prey to their persecuting enemies the Lievetenants Officers And some indited and declared guilty of high-treason for no other guiltinesse but for
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