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A87331 Sixteene queres propounded by the Parliament of Ireland to the judges of the said kingdome. As also, another speech, made by Captaine Audley Mervin, to the House of Commons, concerning their priviledges, and their exorbitant grievances in that kingdome. Ireland. Parliament.; Mervyn, Audley, Sir, d. 1675. 1641 (1641) Wing I652; Thomason E208_11; Thomason E208_12; ESTC R17541 7,669 25

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us all least prevent the dilapidation nay the diminution of the least of them This present occasion of debating Mr. Fitz-Gerralds petition exhibited to this honorable house sets before us blessings and cursings and is the first leafe as we may terme it of the house of commons Almanack not made to serve for one but for many yeares and calculated to serve indifferently for all latitudes in which our carriage makes this and all succeeding dayes but sevill and working dayes or otherwise imprints this day and our priviledges in a conspicuous plausive rubrique to posterity whilest the Palladium was in Troy neither the power nor the long siege of the Grecians could prevaile against it whilest Minoes purple lockes curled from their native roots Creete was unvanquished The Morall of these affictions emphatically preach and teach us this Doctrine that the safety pregnancy glory and strength of this house is but only sent us upon this condition whilest we keepe preserve and defend our liberties our rights our priviledges unbetrayed unsuppressed and uncontrolled if any more allyed to the corruptiōs of our own distempers then challenging an interest in us by a legitimate birth could involve this grave and great assembly in such epidemicall liturgie as directly to snore or at lest to wink whilest our priviledges cloathed in a purple robe of glory like a word never to be recalled escape from among us I say if ungratefull I should cut off the inheritance of these immunities entailed vpon us and confirmed is a monumentall portion vpon this younger brother of state this House of Cōmons what can we expect but that our Fathers Ghosts apparetted with indignation should 〈◊〉 unto us with this or the liking branding phrase Most vngratefull and vnfortunate posterity O aetas parentum pejor Avis better had it bin for you not to live then to out-live your owne infamie If there had beene a necessity you should involve your selves in a general-guilt the election ought to have beene of such a one as might have dyed with your selves but this like originall sinne binds your posterity to sigh for a redemption Did we bequeath unto you those faire ornaments to be stolne or snatched from you Oh where where was your vigilancy and boldnesse to present so disasterous and fatall a consequence Did wee with no better successe of imitation by your labour and even unto hoarsenesse contend in the Parliament held 39. Hen. 6. as Prophecying your weakenesse leave you a record to build upon Where we admitted and priviledged one Walter Clarke a Burgesse of Ch●pengham though at that time in execution ad sect Reg. Did we for this purpose recommend unto you Ferrars case and our proceedings against the disturbers of his right Did wee for this purpose recommend unto you Belgraves case 43. of the Queene Who notwithstanding he procured his election in Winchester by collusion yet Mangre the great opposition raised by the Earle of Huntington upon the sight of the Sheriffes returne a sufficient amerment to satisfie vs we admitted and confirmed him in the protection of our house did we for this purpose exemplifie unto you the case of Richard Chidder 5. Henry 4. who being arrested in his journey towards the Parliaments where note that the date of the election is the date of the priviledge They are twins of one birth wee ingraft him as a twig to be writh'd by our common roote and quickly lopt off that so perilous authority wch would prunne our branches Nay Mr. Speaker our fellows labouring Parliament in England with their hearty cōmendation have transmitted unto us a precedent from each house The house of the Lords opening the gates of the Tower to prepare an entry to the censured Bishop of Lincolne and the house of Commons with like imitation likesuccesse having performed the same in Sir Iohn Elliot and innumerable others But now I will endeavour to allay the distempered spirits of our Fathers whilest with more patience and duty we attend the modest corrections of our indulgent King And so exeunt Patres and Intr. H. 8. in his owne person commending the resolution and zeale of the house of Commons in preserving the lustre of their ownē Priviledges from being Eclipsed alledging himselfe to be interessed in them since that hee and they knit together compleated one body who in this out deserved calamities would not rather imitate us by scoss then qualifie our untimely repentance by absence of our owne murdering wrongs What may not E. 4. exprobrate unto us who in the 3. yeare of his raigne records his regall pleasure to posterity That all Acts Suites judgments censures qui dicit omne excludit nullum awarded against any Member of Parliament should be utterly void and frustrate crowning the Act with an Emphaticall epiphonema and this act to endure for ever And surely common reason is pregnant in the justification thereof That where the publique service and good is primarily intended a supersedeas must issue to private respects since they cannot stād in competition inhabit our spheare If their judgments are not yet calmed and setled behold his Majesty that now is cloathed in his royall Robes and thus speaking unto you from underneath his state Gentlemen why stagger you thus that are your selves the pillars of the commonweale you are not upon breaking the Ice nor bound upon the discovery of the unknowne world each leafe reports your precedents that are like Maps that secure and expedite your fortunate Navigation From mee you can expect no more satisfactiō then what J have declared in the 3. yeare of my Raigne in answer to the Petition of Right in Parliament that J am interested in the maintaining of the Priviledges of this House being a maine pillar of the liberty of my Subject the goods of one _____ being seised in my name and for my use for denying Tonnage and pondage they re-assumed hee being at the time of that seisure a Member of the House and whether J distasted sure J am J had no redresse As for the tender care of my interest in the Fine of 10000 l. and that you admitted my Attorny generall to a favourable hearing in my behalfe though against your selves a Parliamentary custome not to be written in small Print I thanke you Gentlemen yet I thinke you know as well as I that these great sounding Fines to me have in their effects but short and little accounts if there be 3. bags the little one is mine The 5000. l. dammages to the party a summe equall or more to the defendants estate is as much as Magna Charta by those words of falvo contenem●nto would warrant Therefore my Judges by dividing it might have considered me somewhat whereas now the old proverbe binds me where there is nothing left the King loses his right Now Mr. Speaker in a Parliamentary way wee must withdraw and enter into our owne Spheare Enter into a discusse of those objections that impugne Mr. Fitz-Gerralds election admittance and