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A83496 Speeches and passages of this great and happy Parliament: from the third of November, 1640, to this instant June, 1641. Collected into one volume, and according to the most perfect originalls, exactly published. England and Wales. Parliament.; Mervyn, Audley, Sir, d. 1675.; Pym, John, 1584-1643.; Strafford, Thomas Wentworth, Earl of, 1593-1641. 1641 (1641) Wing E2309; Thomason E159_1; ESTC R212697 305,420 563

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God had endowed the Church of England with which God himself hath given by his Law unto the universall Church and in that which the Kings of England by their Charter have bequeathed to the particular Church of England and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himselfe against the Popes Supremacy usurped at that time over the Church of England for saith the King we will with hazard of life and losse of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God The Church of God then in England not being free according to the great Charter but in bondage and servitude to the See of Rome contrary to the Law of God the King judged it to stand highly with honour and his Oath to reform redresse and amend the abuses of the same See If then it might please our gracious Soveraign Lord King Charles that now is in Imitation of that his noble Progenitor to vouchsafe an abolishment of all Lordly Primacy executed by Archepiscopall and Episcopall authority over the Ministers of Christ his Highnesse in so doing could no more rightly be charged with the violation of the great Charter then might King Henry the eight with the banishment of the Popish Supremacy or then our late Soveraign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the Establishment of the Gospell Now if the Kings of England by reason of their Oath were so straitly tied to the words of the great Charter that they might not in any sort have disanulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church that then was supposed to be the Church of God in England then be like King Henry 8. might be attainted to have gone against the great Charter and against his Oath when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots Priers for by expresse words of the great Charter Abbots and Priers had as large and ample a Patent for their Rights and Liberties as our Archbishops and Bishops can at this day challenge for their Primacy If then the Rights and Liberties of the one as being against the Law of God be duely and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other having but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheaves for this is a Rule and Maxime in Gods laws that In omni Juramento semper excipitur authoritas majoris Unlesse then they be able to justifie by the holy scriptures that such Rights and Liberties as they pretend for their spirituall Primacy over the Ministers of Christ be in Deed and Truth inferred unto them by the holy law of God I suppose the Kings Highnesse as successor to Hen. 8. and as most just inheritour of the Crown of England by the words of the great Charter and by his Oath is bound utterly to abolish all Lordly Primacy as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill Custome My Lord DIGBIES Speech in Parliament 1640. Master Speaker THis happie meeting is to bemoane and redresse the unhappie State of this Common-wealth Let me have I beseech you your leave to give you in a word a short view of our griefes then see whence they flow Our Lawes our liberties our lives and which is the life of all our Religion all which have been by the endeavours of so many Ages secured and made so much our owne can scarce be called ours Our Lawes the only finews and ligeaments of our estates which should run in an even streame are now made to disdaine their bancks and to overflow and drown their fields which they should gently redresse our liberties the very spirit and essence of our weale which should differ us from slaves and speake us English-men are held away by them that even whiles they take them from us cannot but confesse they are our proper dues Are not our lives in danger when an enemy disguised like a friend provoked is as it were suffered because indirectly and in vaine resisted to come almost into our bosomes to rifle some of their goods others of their loyalty which perhaps they could not neither would have touched might we with united force have resisted And lastly which is the soule of all our grievances our Religion which should have beene our Cordiall in all our distempers like a forced Virgin laments ever that her pure innocencie is taken from her and sure all these effects must have their causes That we have just and wise Lawes we may thanke those good Kings that made them the settled exposition of just circumscribed Lawes to binde and defend the Subject That they are so well framed and usefud and to containe enough to make a good King and people be perfect be safe and happie What do we owe to these grave Councellors who sate here before us and that they out-live the malice of some unbounded spirits we are beholding to them that Reprieved them from ruine with their lives and fortunes we call them ours because we are freely born to them as to the Ayre we breath in we claime them and should possesse them under the Protection of our gracious King who is their great Patron and disposes them not inconsiderately but by the advice of those learned expositors of the Lawes the Judges and those whom he trusts to be his great and faithfull Councellors If those pervert the ground and meaning of the Law and contract ●he power of it or make it speake lowder or softer as they themselves are tuned for it the blame should deservedly fall on those mistrusted ministers who are the base betrayers of his Majesties honor and his Peoples right to vindicate which necessitie hath here assembled you Mr. Speaker Is not this offence and m lice as great who should undermine my Tenour and surruptiously deprive me of my evidence by which I held my Inheritance as he who by violence should wrest it from me The Scots we have heard branded as Traytors because they have contrary to the law of Nations and their loyaltie invaded our Kingdome in Arms what other title have they merited who have invaded our Lawes and liberties the precious evidence by which we should freely enjoy our selves and our estates The first we may resist and drive forth by united force and it will be called pietie to the King and Countrie if force be lay'd against the other it will be stiled Rebellion What now remaines but that we should use the Law which because it hath beene inverted and turned against us contrary to its owne naturall and plaine disposition should now right us and it self against our Adversaries Surely the Law is not so weak and improvident to take care for others and never provide
which time the sayd Iustice Seate was called by adjournment the sayd Iohn Lord Finch then Lord Chiefe Iustice of his Majesties Court of Common Pleas and was one of the Iudges assistants for them he continued by further unlawfull and unjust practices to maintaine and confirme the said verdict and did then and there being assistant to the Iustice in Eyre advise the refusal of the traverse offered by the County and all their evidences but onely what they should verbally deliver which was refused accordingly IV. That hee about the Moneth of November 1635. hee being then Lord Chiefe Iustice of the Common Pleas and having taken an oath for the due administration of Iustice to his Majesties Liege people according to the Lawes and statutes of the Realme contrived in opinion in haec verba when the good and safety c. and did subscribe his name to that opinion and by perswasions threats and false suggestions did solicite and procure Sir Iohn Bramstone Knight then and now Lord Chiefe Iustice of England Sir Humfrey Davenport Knight Lord chiefe Baron of his Majesties Court of Exchequer Sir Richard Hutton Knight late one of the Iustices of his Majesties Court of Common Pleas Sir Iohn Denham Knight late one of the Barons of his Majesties Court of Exchequer Sir William lones Knight late one of the Iustices of the said Court of Kings Bench Sir George Crock then and now one of the Iudges of the said Court of Kings Bench Sir Thomas Trevor Knight then and now one of the Barons of the Exchequer Sir George Vernon Knight late one of the Iustices of the said Court of Common Pleas Sir Robert Barkley Knight then and now one of the Iustices of the said Court of Kings Bench Sir Francis Crawly Knight then and now one of the Justices of the said Court of Common Pleas Sir Richard Weston Knight then and now one of the Barons of the said Court of Exchequer some or one of them to subscribe with their names the said opinion presently and enjoyned them severally some or one of them secres● upon their allegeance V. That he the fifth day of Iune then being Lord Chiefe Iustice of the said Court of Common Pleas subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba c. And that he contrived the said questions and procured the said Letter from his Majesty and whereas the said Iustice Hutton and Iustice Crook declared to him their opinions to the contrary yet hee required and pressed them to subscribe upon his promise that hee would let his Majesty know the truth of their opinions notwithstanding such subscriptions which neverthelesse he did not make knowne to his Majestie but delivered the same to his Majesty as the opinion of all the Iudges VI. That hee being Lord Chiefe Iustice of the said Court of Common Pleas delivered his opinion in the Chequer Chamber against Master Hampden in the case of Ship-money that hee the said Master Hampd●n upon the matter and substance of the case was chargeable with the money then in question a Coppy of which proceedings the Commons will deliver to your Lordships and did solicite and threaten the said sudges some or one of them to deliver their opinions in like manner against Master Hampden and after the said Baron Denham had delivered his opinion for Master Hampden the said Lord Finch repaired purposely to the said Baron Denhams Chamber in Serjeants Inne in Fleetstreet and after the said Master Baron Denham had declared and expressed his opinion urged him to retract the said opinion which hee refusing was threatned by the said Lord Finch because hee refused VII That hee then being Lord chiefe Justice of the Court of Common Pleas declared and published in the Exchequer Chamber and westerne circuit where he went Judge that the Kings right to Ship-money as aforesaid was so inherent a right to the Crowne as an Act of Parliament could not take it away and with divers malicious speeches inveighed against and threatned all such as refused to pay Ship-money all which opinions contained in the foure five sixth Articles are against the Law of the Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of right which said resolutions and petition of right were well knowne to him and resolved and enacted in Parliament when he was Speaker of the Commons house of Parliament VIII That hee being Lord chiefe Justice of the Court of Common Pleas did take the generall practice of that Court to his private Chamber and that hee sent warrants into all or many shires of England to severall men as to Francis Giles of the County of Devon Rebert Renson of the County of Yorke Attorneys of that Court and to divers others to release all persons arrested on any utlawry about 40. shillings fees whereas none by Law so arrested can be bailed or released without Supersedeas under seale or reversall IX That hee being Lord Chiefe Iustice of the Court of Common pleas upon a pretended suit begun in Michaelmas Terme in the 11. yeare of his Majesties Reigne although there was no plaint or Declaration against him did notoriously and contrary to all Law and Iustice by threats menaces and imprisonment compell Thomas Laurence an Executor to pay 19 pound 12 shillings and likewise caused Richard Bernard being onely over-seer of the last Will of that Testator to bee arrested for the payment of the said Money contrary to the advice of the rest of the Iudges of that Court and against th● kn●wne and ordinary course of Iustice and his said Oath and knowledge and denyed his Majesties Subjects the common and ordinary Iustice of this Realme as to Mr. Li●●rick and others and for his private benefit endammaged and ruined the estates of very many of his Majesties Subjects contrary to his oath and knowledge X. That hee being Lord Keeper of the great Seale of England and sworne one of his Majesties Privie Counsell did by false and malicious slanders labour to incense his Majestie against Parliaments and did frame and advise the publishing the Declaration after the dissolution of the last Parliament All which Treasons and misdemeanors above mentioned were done and committed by the said Iohn Lord Finch Baron of Fordwich Lord Keeper of the great Seale of England and thereby he the aforesaid Finch hath trayterously and contrary to his allegiance laboured to lay Imputations and Scandalls upon his Majesties government and to alienate the hearts of his Majesties liege people from his Majestie and to set a division betweene them and to ruine and destroy his Majesties Realme of England for which they doe impeach him the said Lord Finch Baron of Fordwich Lord Keeper of the Great Seale of England of high Treason against our Soveraigne Lord the King his Crowne and Dignity of the misdemeanours above mentioned And the said Commons by Protestation saving to themselves the libertie of exhibiting at any time
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