Kings Bench in Westminster-hall where a Theatre was erected in height equal with the Bench covered over with green Cloth In the upper end was placed the Tribunal Chair of State for the High Steward on either side the Peers of the Realm and under them the Iudges in the lower end against the State were the Kings learned Council and at their backs two Pews lifted up to face the Court for the Prisoner and his Keeper and in the midst of the Court a place of descension for the Clerk of the Crown and his Assistant where they all met between eight and nine of the Clock that Morning First the Clerk of the Crown and the Iudges the Lieutenant of the Tower and the Prisoner retiring into a Room near hand then the Peers seven and twenty in number those of the Garter order wearing their Coller of Esses about their neck the chiefest of them were Weston Lord Treasurer Earl of Manchester Lord Privy Seal Arundel Earl Marshall of England and so the rest Then enters the Lord High Steward his Grace in a black Velvet Gown trimm'd with Gold Buttons and Lace before him 7. Maces of State born by the Serjeants at Arms attended by Sir Io Burroughs Garter principal King of Arms and Maxwel Usher of the Black Rod. The Judges Assistants for Counsel in case of Law were Sir Nicholas Hide Chief Justice of the Kings Bench Sir Thomas Richardson Chief Justice of the Common Pleas Sir Humphrey Davenport Chief Baron of the Exchequer and Baron Denham four Judges Iones Hutton Whitlock and Crook The learned Council were Sir Robert Heath Attorney General Sir Richard Chelton Solicitor General Sir Io Finch the Queens Attorney General and Sir Thomas Crew Serjeant at Law Sir Thomas Fanshaw Clerk of the Crown and Keeling his Assistant The Clerk of the Crown presented his Grace with the Patent of his Place of Lord High Steward of England After O yes he delivered the Patent to the Clerk of the Crown who read it and returned it back The Black Rod kneeling down presented him with the White Staff or Verge of State After a second O yes his Grace gave leave to the Peers to be covered and Proclamation made That the Judges should bring in as by Writ commanded all the Records touching the Earls Arraignment and the Peers answered particularly to their several names After the third O yes the Lieutenant of the Tower brought in his Prisoner into their powers and his Warrant being read his Grace addressed himself to the Peers My Lord Audley said he for so he stiled him as a Baron of England and not by his Creation of Earl Castlehaven being a forreign Title of Ireland by which Title onely he could not be tried by the Peers the Kings Majesty is given to understand both by report and also by Verdict of divers Gentlemen of quality in your County that you stand impeached of sundry Crimes of a most high and hainous nature and therefore he brings you this day to trial doing therein like the Almighty King of Kings in the eighteenth of Genesis who went down to see whether the sins of the Sons of Sodome and Gomorrah were so grievous as the cry of them that came before him And Kings on Earth can have no better Patern to follow than that of the King of Heaven and so hath summoned by special command these your Peers either to acquit or condemn you they being so noble and so just so indifferent Iudges for his Majesty desires that your Trial should be as equal and upright as Iustice it self wherefore you may speak boldly and confidently without fear to clear your self and so to be set free but if otherwise your own conscience accuse you give the honour to God and the King by confessing the truth without shifts or subtilties against it which are but Consilia adversus Dominum May it please your Grace said Audley I have stood committed close Prisoner six moneths without Friends or Counsel deprived of the knowledg of the particular circumstances of the Crimes laid to my charge unskilfull of the advantages or disadvantages of Law and but weak to plead at the best and therefore desire liberty of Counsel to plead for me Your long Imprisonment said his Grace hath been rather a favour for conveniency to bethink your self and you shall have all possible favour in this your first demand in which the Iudges shall satisfie you as in all other your deâ—ires in the prosecution of your Trial. The Judges gave opinion that in principal Causes Counsel is not to be allowed for matter of Fact but for matter of Law it may His Grace commanded the Clerk of the Crown to reade his Indictments being three in number The first for a Rape by assisting Brodway his own Servant to ravish his Wife the Countess of Castlehaven The other two for Sodomy committed on the Body of Brodway and on Fitz Patrick his Footman To which he pleaded Not guilty c. And therefore his Grace said thus to the Peers My Lords the Prisoner is indicted of Rape and Sodomy and pleads Not guilty My duty is to charge you with the Trial Yours to judg The Cause may move pity in some detestation in all but neither of them may be put in the Scale of Iustice for a Grain on either side sways the Ballance Let Reason rule your affections your heads your hearts to heed attentively and weigh equally In the right course the Iudges will direct you if doubts arise Ye are not sworn how to proceed the Law supposeth your integrity to Iustice which others are compelled unto by Oath And so God direct you Crew opened the Indictments and so was seconded and by turns all the other but the Attorney General proceeded in brief that the Crimes were far more base and beastly than any Poet invented or History ever mentioned Suetonius indeed sets out the Lives of Heathen Emperours whose Sovereignty had no Law to question their Power nor Religion to bound their wills from acting any Crimes And here ravelling into his former debauched life and profession of Papistry digressing from the matter of the Indictments the Prisoner desired that his Religion nor other circumstances not conducing to his crimes charged might be spared But he was told to forbear to interrupt the Council till the time fitting to make answer And so the Attorney went on with his Religion bred up a Protestant and after fell to Papistry for more liberty in evil or rather of both Professions or of either or of none at all Cor quod ingreditur duas vias non habet successum In the morning at a Mass afternoon at a Sermon believing in God thus basely God left him at the last to his lusts and so to Atheism to work wickedness without hope of Heaven or horrour of Hell His moral actions beyong imagination wicked for though he married this Lady as noble in birth as great in fortune so soon as
Councel at Hampton Court the case was concluded for the Arch Bishop as the greatest reason not to rule themselves having suffered such an Inconvenience there without so much as taking notice much lesse reforming It had been more then fifteen moneths that the Writs of Ship-money were issued out to divers Counties many Men and in special Mr. Hambden of Buckingham Shire being Assisted by the Sherifâ— made default of payment this Person well known and supposed a stake for others not without a resolved factious assistance of powerful parties And therefore the King this Michaelmas Term not precipitate into a quarrel advised the opinion of his Judges stating the Case by Letter to them To our trusty and well-beloved Sir John Bramstone Knight Chief Iustice of Our Bench Sir John Finch Knight Chief Iustice of Our Court of Common Pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Iudges of Our Courts of Kings Bench Common Pleas and the Barons of our court of Exchequer Charls Rex Trusty and well-beloved we greet you well taking into our Princely consideration that the Honor and safety of this Our Realm of England the preservation whereof is onely entrusted to Our care was and is more dearly concern'd then in late former times as well by divers councels and attempts to take from Us the Dominions of the Seas of which We are sole Lord and rightful Owner or Propriator and the losse whereof would be of greatest danger and peril to this Kingdom and other Our Dominions and many other wayes We for the avoiding of these and the like dangers well weighing with our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for the preventing so publique a mischief resolve with our self to have a Royal Navy prepared that might be of force and power with Almighty Gods blessing and assistance to protect and defend this Our Realm and Our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales Commanding thereby all Our said Subjects in every City Town and Village to provide such a number of Ships well furnisht as might serve for this Royal purpose and which might be done with the greatest equality that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulnesse and alacrity which We gratiously interpret as a testimony as well of their dutiful affection to us and our service as of the respect they have to the Publique which well becometh every good Subject Nevertheless finding that some few happily out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their particulars how general soever the charge be or ought to be have not yet paid and contributed to the several Rates and Assesments that were set upon them And fore-seeing in Our Princely wisdom that from thence divers Suits and Actions are not unlikely to be commenced and prosecuted in our several Courts at Westminster We desirous to avoid such inconveniencies and out of Our Princely love and affection to all Our People being willing to prevent such Errours as any of Our loving Subjects may happen to run into have thought fit in a case of this nature to advise with you Our Judges who We doubt not are well studied and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the Formalities in Pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgments in the Case as it is set down in the inclosed Paper which will not onely gain time but also be of more authority to over-rule any prejudicate opinions of others in the Point Given under Our Signet at our Court of White-hall the Second Day of February in the Twelfth Year of Our Reign 1636. CHARLS Rex CHARLS Rex VVhen the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger whether may not the King by VVrit under the great Seal of England command all the Subjects in his Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time aâ— he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril and by Law compel the doing thereof in case of Reâ—usal or Refractoriness and whether in such case is not the King the sole Iudge both of the Danger and when and how the same is to be prevented and avoided The Judges return their Opinions thus May it please your Most Excellent Majesty we have according to your Majesties Command severally and every Man by himself and all of us together taken into serious consideration the Case and Questions signed by your Majesty and inclosed in your Letter And we are of opinion that when the Good and Safety of the Kingdom in general is concerned and the whole Kingdom in Danger your Majesty may by Writ under your Great Seal of England command all the Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Peril and Danger And that by Law your Majesty may compell the doing thereof in case of Refusal or Refractoriness And we are also of opinion that in such Case your Majesty is the sole Iudg both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trever George Vernon Robert Barkly Francis Crauly Richard Weston Thus they subscribe which was inrolled in all Courts at Westminster Hall and without doubt Warrant sufficient for the King to proceed against any Defaulters specially singly against Hambden who appeared upon Process and required Oyer of the Ship Writs and so being heard he demurred in Law and demanded the Iudges opinion upon the Legality of those Writs which being argued in the Exchequer all the Iudges and those Barons except Crook and Hutton were of opinion for the Writs and the Barons gave Iudgment accordingly against Hambden who under hand advised held up the Quarrel by Intermissions till further time and conveniency The Queen bare the Princess Ann the seventeenth of March the third Daughter to the King This Midsummer Term were censured in Star-chamber three Delinquents confederate A medley of Mal-contents The one a Divine Mr. Burton who is a mistiled Sometime Tutor to the King which he never was nor any
their practices provoking Aspersions upon the most gracious and best of Kings that he levels at none in particular let the faults lead to the men not to be exposed to irregular prejudices nor with-held from orderly justice Bodies natural to be effectually purged of Humours must be made moveable and fluid so of the Politick to be cleared of their Maladies by loosening and unsettling the evil Ministers and to be drawn into a Remonstrance and presented to a gracious Masters clear and excellent judgment And so he sat down This was held too courtly and which was suddenly laid hold on A forward young man well made up with Learning and by his Fathers fate kept aloof from the Beam of Sovereignty a little Sun-shine would enliven him some Marks of Majesty fell from the Queen which taken up tainted him presently after and in him his Father also now made Friends whom the King took also into favour The King to keep the City from Tumult and to prevent the Insolencies of busie and loose People had established a Constable of the Tower of London Supreme to the Lieutenant under command of the Lord Cottington enabling it with a Garrison also of four hundred Souldiers and with some shew of Fortification thereof at this very time when some publick notice was given to the Parliament of an extraordinary confluence of Popish Recusants in and about the City of London and Westminster and therefore to take away all Jealousies of conniving with them or other Fears of over-mastering the City he was pleased to send a Message to the Parliament that by Proclamation the Papists shall be instantly removed to their places of abode with prosecution also against their persons disarming their power according to Law And as for the Tower he erected the Government by a Constable and Garrison in favour to the peace of the City but is now resolved to leave the Tower to the command of a Lieutenant onely as hath been heretofore And in the afternoon came out an Order of the Commons House that all Projectours and unlawfull Monopolists that have or had lately any benefit from Monopolies or countenanced or issued out any Warrants in favour of them against Non-conformists to Proclamations or Commands concerning their Interests shall be disabled to sit in the House and Master Speaker is to issue out new Warrants for electing other Members in their places Whereupon it was notoriously observed how vacant their Rooms were upon the self-accusation of their own guilt who but lately framed speeches against others abroad who lodged under the Parliament lash for such Crimes The next day complaint was made to the Lords that their Privileges were infringed by the search of the Earl of Warwick and the Lord Brooks their Pockets Cabinets and Studies upon the Dissolution of the last Parliament And Sir William Beecher one of the Clerks of the Council being the Instrument alleged for his Excuse the command of the two Secretaries of State which could not protect him from Commitment to the Fleet Prison The Commons House intent upon publick justice sent Master Pym to the Lords with a Message the Impeachment of Thomas Earl of Strafford Lord Lieutenant of Ireland as guilty of High Treason Whereupon he was sequestred from the House and committed to the Usher of the Black Rod and Sir George Ratcliff his Confederate and supposed Criminary with him was two days after sent for out of Ireland by a Serjeant at Arms. And here we cannot pass by many wise mens opinions whether the Earl assumed his wonted judgment and courage when he came from the Army to this Parliament His wisdom could not chuse but know that the Scots and Scotizing English had infallibly resolved his destruction his innocency to be no Armour of Proof against Malice and Power why did he not rather keep under safeguard of the English Army at his command from which he had got much affection or have passed over into Ireland the Army there also at his devotion or in plain terms have taken Sanctuary into some foreign parts till fair weather might have invited him home whether it had been a betraying of his Innocency to decline the Trial where Partiality held the Beam of the Scales and self-ends backedâ— with power and made blinde with prejudice were like to over-ballance Justice that if Sentence should have passed against him for Non-appearance yet had he kept his Freedom till better times and have done his Master better service abroad than in Council at White-hall But on the other side it was said that all these Considerations had been pondered before he came from the Army even by the way where met him a Iunto of his confident Friends and then it was averred that he had gained in the North certain evidence that the Scots Army came in by Invitation a Confederacy between the Heads of the Covenanters and some of the English Parliament-members of both Houses his most deadly Enemies to subvert the Government of the Church and to innovate in that of the Civil State that therefore he himself had digested his Intelligence into the Form of an Impeachment which he intended to have offered to the House of Peers so soon as he had taken his place there There were his Reasons which he might have from Example of the Earl of Bristow who yet came too late to begin upon his grand Enemy the Duke of Buckingham in the like charge but then Bristow was ready at the instant to recriminate upon the Duke by an Impeachment of High Treason against him which took off the Dukes edg ever after But here Strafford was not so nimble as Master Pym who got the start and it seems the Earl failed of his former purpose which had he seconded by an after timely stroke and impeached them and prosecuted it in a reasonable pace and method as was afforded him it might have happened not so fatal to his utter ruine And the Commons speeding thus far it encouraged them no doubt to fall upon others in the same track with the Arch-bishop few Moneths after In this time the two Armies were heavy charge to the Counties where they quartered therefore the twelfth of November the Parliament borrow of the City of London an hundred thousand pounds upon interest and ingagement of the credit of some of the Members untill the Moneys might be levied upon Subsidies and so to repay them Munday the sixteenth of November upon the humble suit of the House of Lords to his Majesty the Lord Bishop of Lincoln was released out of the Tower and the next Day being assigned for Humiliation he was brought into the Abbey Church by four Bishops and did his Office as Dean of Westminster before the Lords Never wise-man so gulled into the false shew of true affection from Lords and Commons and so continued till their turns were served upon the Earl of Strafford and the Arch Bishop of Canterbury he became the spectacle of
with the Original in the Signet Office and so these proceedings lay in the Deck of other complaints which the King understood and took time to number them up to the Parliament as Indignities to his Person and Honour to be so inquisitive after his actions But for the present he went on with his own more important affairs and sends Sir Richard Weston Chancelour of the Exchequer with this message to them That his Fleet is returned and their victuals spent the men must of necessity be discharged and their wages paid them or else mutiny will follow which may be of dangerous consequence That he hath in readiness about 40. Ships to be set forth upon a second service which want a present supply of moneys That the Armies quartered on the Coasts want victuals and clothes and they will disband if not furnished The Companies of Ireland lately sent must speedily be provided for else they may be subject to rebel Lastly the season for providing healthful victual will be past if this moneth of March be suffered negligently to elapse And therefore he desired to know without more ado what present supply be must depend upon from them that accordingly he might shape his course This necessary message produced no other Supply than this insolency from a Member Mr. Clement Cook Son to Sir Edward Cook now in Malignancie to the affairs of State It is better saies he to dy by a Foreign Enemy than to be destroyed at home And to make him the more One Turner a mean mad Doctor of Physick who got a room in the House for such like rants and he re-assaults with 6. Queries teaching to the Duke 1. Whether the King hath not lost the Regality of the Narrow Seas since the Duke became Admiral 2. Whether he not going as Admiral in this last Fleet was not the cause of the ill success 3. Whether the Kings Revenues hath not been impaired through his immense liberality 4. Whether the Duke hath not ingrossed all Offices and preferred his kindred to unfit places 5. Whether he hath not made sale of places of Iudicature 6. Whether Recusants have not dependance upon his Mother and Father-in-law Alas poor Doctor He did but gape saies one and had this clamour put into his Mouth by such as had enough rudeness and Raâ—cour in their hearts but not the courage to let the world see it in them Thereupon the King sends to them all for satisfaction from the whole House intent upon severe punishment against â—â—ose men but finding them earnest to aggravate the more he summons both Houses together and conveys his displeasure to them by the Lord Keeper Coventry My Lords and you the Knights Citizens and Burgessâ—s of the House of Commons His Majesties command hath summoned you hither and the same Command hath put me upon the service of signifying his Will to you His Will was that both Houses should be called together you my Lords as witnesses of the Justice of his Resolutions and of this Address to the House of Commons His Majesty would have you know there never was King who better loved his peoplâ— or was more sincerely affected towards the right use of Parliaments or more ready tâ— redress what shall be represented unto him in the quality of Grievance provided it be in a regular and decent way than Himself but he would also have you know that as he loves his People so he regards His Honouâ— and if he be sensible of his Subjects Grievances of his own he is much more especially when they flow from offences of such a nature as not onely blast his Reputation but impede the Progresse of his Weighty Affaires To come to Particulars His Majesty saith That whereas Mr. Coke spake very seditious words in your House he was so far from being questioned or censured for them by you as Doctor Turner animated with the same spirit made them his introduction to certain articles of Inquiry of as unsavory a condition pretended against the Duke but in truth libelling his Majesties Government And though his Majesty did not only by Sir Richard Weston but in his own Person declare his just displeasure and demanded Justice against those exorbitants yet have you not only halted in your obedience to him but have followed the very steps of Dr. Turner and upon false bottom'd suggestions endeavored to distain his Own and Fathers Honour He also complaineth That you have taken upon you to search his Signet-Office and to examine the Letters of his Secretary of State leaving him nothing free from their discovery a thing not formerly practised As concerning the Duke whom you seem to persecute with such asperity of disgust I am also commanded to tell you that his Majesty knows none better he acted nothing of Publique Employment without his Special Warrant that he hath discharged his Trust with abundant both Care and Fidelity that he merited that Trust both from his now Majesty and his late Father by his Personall hazard both at home and abroad And that since his Return from Spain he hath been sedulous in promoving the Service and Contentment of your House It is therefore his Express Command that you absolutely desist from such unparliamentary disquisitions and resign the Reformation of what is amiss to his Majesties Care Wisdome and Justice I am also to speak about the business of supply you have been made acquainted with the posture of his Majesties affairs both foreign and domestique and with his necessatous condition the charge of all martial preparations both by sea and land hath been calculated to you you promised a supply both speedy and sutable to his occasions but his Majesty complaineth that as yet you have performed neither failing both in the measure and in the manner In the measure by granting onely three subsidies and three fifteens a proportion vastly short of what is requisite In the manner being both dilatory and dishonourable to the King as arguing a distrust of him for you have ordered the Bill not to be brought into the House until your grievances be both heard and answered which is such a tacite condition as his Majesty will not admit of Therefor his Majesty commands you to take it into your speedy consideration and to return your final answer by Saturday next what further addition you will make and if your supplies commensurate and equal the demands of the cause he promiseth to continue this Session to your just content else he must and will entertain thoughts of your dismission Lastly I am commanded to tell you that his Majesâ—y doth not charge these distempers upon the whole body and the assembly of the House but as he is confident the greater number are persons of a more quiet dispose so he hopeth their influence and this his Majesties admonition will prevent the like for the time to come When he had done the King went on I Must withall put you in minde of times past you may
my Religion The Earl replying desired the Prince to pardon him if he had offended him saying It was but out of his desire to serve him Whereas it had been the duty of a faithful servant to God and his Master to have disswaded the Prince from it had he found him staggering in his Religion Eighthly That he afterward having Conference with the Prince about the Romish Religion trayterously endeavoured to perswade him to turn Romish Catholique using an Argument to that end That the State of England never did nor could possibly do any great thing but when obedient to the Pope of Rome Ninthly That during the time aforesaid the Prince advising with the Earl about a new Offer by the King of Spain That the Prince Palatine should marry the Emperours Daughter â—e brought up in his Court and so should be restored to the Palatinate The Earl said It was a reasonable Proposition And when the danger of changing his Religion was objected the Earl replyed That without some such great Act the peace of Christendom could never be procured Tenthly That the Prince departing from Spain and leaving the Powers of Disposorios with the said Earl to be delivered upon the return of his Dispensation from Rome the Prince fearing lest after the Dispensation the Infanta might be put into a Monastery wrote a Letter back to the Earl commanding him not to make use of those Powers untill he could give him assurance that a Monastery should not rob him of his Wife which Letter the Earl receiving returned an answer disswading that Direction Shortly after which the Prince sent another Letter discharging him of his former Command But his late Majesty by the same Messenger sent him a more express Direction Not to deliver the Disposorios until a full conclusion had concerning the Palatinate adding this expression That he would never joy to marry his Son and to leave his onely Daughter weeping In which Dispatch though there was some mistake yet in the next following it was corrected and the Earl tied to his former Restrictions which he promised punctually to observe Neverthelesse contrary to his Duty and Allegiance he after set a day for the Disposorios without any assurance or so much as treating of those things to which he was restrained and that so short a day that if extraordinary diligence with good successe in the Journey had not concurred the Princes hands might have been bound up and yet he never sure of a Wife nor the Prince Palatine of Restitution Lastly That in an high an contemptuous manner he hath preferred a scandalous Petition to this Honourable House to the dishonour of the late King and his now Majesty especially one Article of that Petition wherein he gives his now Majesty the Lye by denying and offering to falsifie what his Majesty had affirmed There needs no strain of partiality to implead the difference of these charges assuredly if the Earls charge against the Duke could have served the turn It might have spared the Commons Impeachment the other comming far short of the designe which was to do it to the purpose And therefore This weighty Cause was managed by six Members Mr. Glanvil Mr. Herbert Ma. Selden Mr. Pim Mr. Wans ford Mr. Sherland to them was added Sr. Dudly Diggs as Prolocutor and Sr. Iohn Elliot brought up the Rear And so though the matter of the Prologue may be spared being made up with Elegancy yet rather then it shall be lost you may please to read it at this length My Lords THere are so many things of great importance to be said in very little time this day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical affectations I onely in plain Country language humbly pray your Lordships favour to include many excuses necessary to my manifold infirmities in this one word I am commanded by the Knights Citizens and Burgesses of the Commons house to present unto your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upâ—â— this occasion The House of Commons by a fatal and universal concurrence of complaints from all the Sea-bordering parts of this Kingdom did find a great and griâ—vous interruption and stop of Trade and Traffique The base Pirats of Sally ignominiously infesting our Coasts taking our ships and goods and leading away the Subjects of this Kingdom into barbarous Captivity while to our shame and hinderance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths 〈◊〉 Friends on flight pretences made embargoes of our Merchants goods and every Nation upon the least occasion was ready to contemn and slight us So great was the apparent diminution of the ancient honour of this Crown and once strong reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valours of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the second they called their wisest the House of Austria as great and potent and both strengthened with a malitious League in France of persons ill-affected when the Low-countreys had no being yet by constant counsels and old English wayes even then that Spanish pride was cool'd that greatness of the house of Austria so formidable to us now was well resisted and to the United Provinces of the Low countreys such a beginning growth and strength was given as gave us honour over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honour and of Reputation in this kingdom which as in one Centre met in one great man the Cause of all whom I am here to name the Duke of Buckingham Here Sir Dudly Diggs made a stand as wondring to see the Duke present Yet he took the Roll and read the Preamble to the charge with the Dukes long Titles and then went on My Lords This lofty Title of this mighty Man me thinks doth raise my spirits to speak with a Paulo majora canamus and let it not displease your Lordships if for foundation I compare the beautiful Structure and fair composition of this Monarchy wherein we live to the great work of God the World it self in which the solid body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may
for his due merits and I wish I could say so much for others on any side And Sir William Brereton is now gone to besiege Lichfield It was about the four and twentieth of February that the Commons discharged the Wardship of the Heirs male of Sir Christopher Wray a Member of the Commons according to their former Ordinance that the Heirs of all such as died in this War in the Service of the Parliament should have their Wardships discharged by Ordinance of both Houses Upon reading of which Ordinance this Day the House took occasion to debate the Legality or Illegality of Wardships in general and ordered That the Court of Wards it self and all Wardships Austre les Mains Primer Seisins and all other Charges incident to the said Office should be from this present Day taken away and all Tennency by Homage and all Fines Licenses Pardons of Alienation c. should be likewise taken away and all Tenures by Knights Service either of his Majestie or others or by Knights Service or Soccage in capite of his Majestie be turned into free and common Soccage There had been by Sentence of the Star-chamber condign punishment inflicted on Dr. Bastwick Mr. Burton and Mr. Pryn for certain scandalous Books imprinted and published by themselves against the King Queen and State Anno 1637. And afterwards Mr. Iohn Lilburn and Mr. Wharton were complained of in Star-chamber by Sir Iohn Banks Attourney General for imprinting and publishing those and such other Books to the defaming of the King and State and were thereupon impeached in the Star-chamber and their persons attached but they refused to put in their Answers and it being taken for granted they were sentenced in Star-chamber Lilburn to be whipt at a Carts tail from the Fleet to Westminster Pallace yard and there to stand in the Pillory for two hours for his contempt and disobedience to the Court It was proved that Lilburn had by the way above five hundred Lashes with a three-stringed Whip-coard and upon each Cord three Knots that he stood in the Pillory two hours and there dispersing some scandalous Books and talking to the People against the State he was gagged to stop his prating For which Misdemeanour there he was again sentenced the eighteenth of April 1638. to be laid in Irons in the Fleet untill he be conform Afterwards when Complaints had freedom to urge the Illegality of former Judgments and Sentences of Courts of Judicature Lilburn petitions the House of Lords for satisfaction of his Sufferings against his Judges And the thirteenth of February 1645. his Case was pleaded and this Order made Die Veneris Feb. 13. 1645. Whereas the cause of John Lilburn Gent. came this Day to a Hearing at the Bar by his Counsel being transmitted from the House of Commons concerning a Sentence pronounced against him in the Star-Chamber Feb. 13. Anno 13. Car. Reg. and after an Examination of the whole Proceedings and a due Consideration of the said Sentence It is this Day adjudged ordered and determined by the Lords in Parliament assembled That the said Sentence and all Proceedings thereupon shall forthwith be for ever totally vacuated obliterated and taken off the File in all Courts where they are yet remaining as illegal and most unjust against the Libertie of the Subject and Law of the Land and Magna Charta and unfit to continue upon Record And that the said Lilburn shall be for ever absolutely freed and totally discharged from the said Sentence and all Proceedings thereupon as fully and amply as though never any such thing had been And that all Estreat and Process in the Court of Exchequer for levying of any Fine if any such be shall be wholly cancelled and made void any thing to the contrary in any wise notwithstanding John Brown Cler. Parliament The Observations may be these 1. Imprisonment a man buried alive is made Corpus immobile legis the immoveable subject of the Law for active Theses was condemned onely to sit still there is an end when Life is taken away but in this no end Nondum tibi redii in gratiam to put a man out of his pain was accounted a favour by the Romans 2. Close Imprisonment was never used to the Primitive Christians by any Tyrants for then that heavy Charge in Scripture I was in Prison and ye visited me not might be answered but a close Imprisonment may presume a Famishment and so Death The Romans had four Punishments Lapidatio Combustio Decollatio and Strangulatio but never Famishing to Death This man might have been so as it was sworn 3. Three years Imprisonment till the Parliament released him and might otherwise have been for ever Whipping was painfull and shamefull flagellation for Slaves In the eleventh of Elizabeth one Cartwright brought a Slave from Russia and would scourge him for which he was questioned and it was resolved That England was too pure an Air for Slaves to breath in And indeed it was often resolved even in Star-chamber that no Gentleman was to be whipt for any offence whatsoever And his Whipping was too severe For the distance from the Fleet to Westminster is above a Mile that he had five hundred Blows one swears a great many more with a treble-corded Whip at least twenty Knots upon it Amongst the Romans no Malefactor had above fourty Stripes and with three Thongs and St. Paul received but nine and thirty Stripes which was but thirteen Blows And it is worth observation that not long since at Orleans in France a Priest was sentenced to be whipt for Fornication with a poor Maid telling her that St. Francis would come and â—ie with her such a Night at which time he feigned himself to be St. Francis and was taken in Bed with her The Kings Advocates pressed the Judges that he might receive fourteen Blows with a three-corded Whip but the Judges would not sentence him to more than thirteen Blows because Ampliandi sunt favores But if our Arithmetick be right not to sport with his pain Lilburn had by this Numeration three times five hundred Stripes in five hundred Blows And besides the Thongs there were twenty Knots upon them which if you multiply into the addition of Stripes make up thousands The Pillory this Punishment was first invented for Mountebanks and Cheats that having gotten upon Banks and Forms to abuse the People were exalted in the same kinde to be an open shame to the Multitude Gagging truly we shall reade of that Punishment Judicature 't is barbarous beastly for Man differs from Beasts both Ratione Oratione We know Perforation in Cases of Blasphemy but not in other matters So that to sum up his Sufferings by Imprisonment he was made a dead Trunk by Whipping a Rogue by Pillory a Cheater and by Gagging a Beast They had better have hanged him out right for prevention of any more hurt hereafter which for his Demerits have been inflicted upon him A man of an undanted troublesome spirit a